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HomeMy WebLinkAboutJanuary 23, 2001 Agenda AGENDA ~ CITY OF DENTON CITY CO~CIL ~genda Itom -- J~u~ 23, 2001 ~atO_ / A~er dete: ~mng ~at a quo~ as p~sent ~d eonvemng m ~ Open Meeting, the C~ty Co.cfi will conve ne in a Closed Mee~ng of ~e Cl~ of Denton C~ty Co.cfi on Tuesday, J~u~ 23, 2001 at 5 [5 p m m ~e Cl~ of Denton Co.cfi Work Session Room, Denton Cl~ H~I, at 215 East McK ~ey, Denton, Tex~ to consider spec]fie ~tems when ~ese items ~e hsted below ~der the Closed Mee~ng section of th]s agenda ~en ~tems for consideration ~e not hsted ~der ~e Closed Meetmg secuon of ~e agenda, ~e City Co.ell will not conduct a Closed Meeting : 5 15 p m ~d will convene~at ~e ~me hsted below for ~ts reg~ or spee~ e~led meeting ~e Cxty Co~cfl rescues ~e right to adjo~ ~nto a Closed Meeting on ~y ~tem on ~ts Open M~ ~ng agen~ consistent wx~ Chapter 551 of~e Texas Gove~ent Code, ~ ~ended, as set fo~ ~ below 1 C1 )sed Mee~ng A Cons~tataon ~ A~omey - Under Tex Gov't Code Section 551 071 1 D~scuss ~ ~e City's a~meys ~e leg~ reqmrements for aw~dmg ~e ~e~tect's eon~act for ~e Cen~al F~re S~Uon ~der the Professional Se~ees Proc~ement Act ~d o~er appheable laws ~der carc~st~ces where ll~gafion may be re~onably contemplated ~d ~e possible legal effects of such awed, mclud~ng the effect on pending ht]gat~on enUtled Mumczpal ~dmims~at~ve Semzces, Inc v C~ of Denton c~ently on appe~ ~om a dee~saon of ~e 367~ D~stnct Co~ of Denton Co~, Tex~ ~ Cause No 99-50263-367, where to d~scuss these ma~ers an pubhc would conflict ~ ~e duty of ~e C~ty's a~omeys to ~e C~ty Co.eft ~dor ~e Texas D~scaphn~ Rules of Professxonal Conduct of ~e State B~ of Texas 2 Consider ~d ~scuss status of pending ht]gat~on styled Mumc~pal ~dmm~s~atz~e Seduces, Inc v Cz~ of Denton, Cause No 99-50263-367, on appe~ ~om ~e 367~ D~s~ct Co~ of Denton Cowry, Tex~ Work Se~ s~on of ~e City of Denton City Co~cfl on Tuesday, J~u~ 23, 2001 at 6 00 p m an ~e Co~ ~fl Work Session Room m Ca~ Hall, 215 E McK~ey S~eet, Denton, Texas at which · e follo~ ang items ~ll be eons]delft NOTE A Work Session ~s used to explore ma~ers of interest to one or more C~ Co.cfi Members or ~e C~ty M~ager for ~e p~ose of g~wng st~ direction into whe~er or not such ma~ers shoed b~ placed on a ~t~e re~l~ or specl~ meetxng of ~e Council for c~t]zen input, City Co.cfi dehbera~on ~d fo~ City ae~on At a Work Session, the C~ Co.eft gener~ly receives ~o~ ~d prehm~ repo~s ~d ]ffo~auon ~om C~ty st~, o~cmls, members of C~ty co~x~ees, ~d ~e md]~d~ or: org~t~on proposing co.eft action, if mwted by City Co~cll ~r C~ M~ger to p~c~pate~m ~e session p~cxpa~on by mfl~wdu~s ~d members of org~ons invited to spe~ ee~es when ~e Mayor ~o~ees ~e session is being closed to pubhc l~Ut Al~ough Work Sessmns ~e pubhc meetings, ~d citizens have a legal right to a~end, t~ey ~e not pubhe hearings, so c~t~zens ~e not allowed to p~e~pate m ~e session ~less m~atefl to do so by ~e Mayor ~y citizen may supply to ~e City Co.cfi, prior to ~e beg~mg of ~e session, a ~en repoa reg~d~ng ~e cmzen's op~mon on ~e ma~er being explored~ Should ~e Co.eft d~reet ~e ma~er be placed on a regul~ mee~ng agend~ the s~ will gen~r~ly prop~e a fin~ repo~ d0fimng ~e proposed act)on, which ~ll be made available 1 Cay of Denton Cny Council Agenda January 23, 2001 Page 2 to all citizens prior to the regular meelang at which mtazen lnpm is sought The purpose of this procedure~as to allow catazens attending the regular meeting the opportunity to hear the vaews of their fellow cltazens wathout having to attend two meetings 1 Receive a report and hold a dlscussaon regarding an update of the status of the 1-35E Major Investment Study (MIS) from John Nguyen, P E, of the Texas Department of Transportation 2 Receive a report, hold a dascussaon and give staff direction regarding the process to select an architect to deslgu the new Central Fare Station 3 Receive a report, hold a dascussaon, and give staff direction regarding the draft scope of work for the Caty of Denton Facflatles Master Plan 4 Receive a report, hold a dascussaon, and gave staff darectlon regarding the draft scope of work for the City of Denton Open Space Master Plan 5 Receive a report, hold a dascusslon, and gave staff d~rectaon regarding the draft scope of work for the CRy of Denton Downtown Master Plan 6 Receive a report, hold a dascussaon, and give staff direction regardang a summary of pubhc comments received in response to meetings and open houses held for the revaew of the Caty of Denton Draft Development Code project 7 Receave a report, hold a dlscussaon, and gave staff damctlon regardmg a proposed revaslon to Chapter 27, Artmle III, of the Code of Ordinances regulating vehacles for hire 8 Receive a report, hold a discussion, and give staff dlrectaon regarding proposed remslons to Section 20-1 of the Code of Ordinances regulatang noise 9 Receive a staff report, hold a dascusslon, and give staff direction mgardmg a proposed ordmance regulating junk dealers in secondhand merchandise 10 Receave a report, hold a discussion, and provide staff darectlon concerning sohd waste service, waste mlnimlzataon, and curbsade recychng plans 11 Receave a report, hold a chscusslon and provade staff direction concemang Latter Reduction and Aesthetic Enhancements 12 Receave a report, hold a discussion and prowde staff direction concerning the construction schedule for the Lake Ray Roberts Water Treatment Plant ProJect 13 Receave a report, hold a d~seuss~on and give staff direction concemang admlmstratlve procedures for processmg change orders for the Lake Ray Roberts Water Treatment Plant Project City of Donton City Council Agenda January 2~, 2001 Page 3 CERTIFICATE I certify that the above not~ce of meeting was p.o~t~ed on the bulletin board at the C~ty Hall of the (~fDanton, Texas, onthe /q~/~ dayof~~_,2001 at ,.ff/~'O o'clock(am) Cffl~Y SECRETARY / NOTE THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 34%8309 OR USE TELECOMMUNICATIONSDEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE AGENDA INFORMATION SHEET Oate I{ ~I0 [ AGENDA DATE' January 23, 2000 DEPARTMENT. Planning & Development ~. CM/DCM/ACM: Dave Hill, 349-8314~-/L/~r% SUBJECT Receive a report and hold a discussion regarding an update of the status of the 1-35E Major Investmem Study (MIS) from John Nguyen, P E, or the Texas Departmem of Transportation BACKGROUND Staff has asked John Nguyen to brief the Council regarding the status of the 1-35E Major Investmem Study (MIS), The 1-35E MIS has been initiated to analyze transportation lmprovemems on 1-35E, from the State Highway 121 Bypass in Lewlsvllle to U S 380 m Demon Mr Nguyen is the ProJect Manager for the northern half of the MIS project, which extends from just north of the Lewlsvllle Lake bridge to U S 380 The project being analyzed includes expansion of 1-35E in Denton to eight moving lanes (4 in each direction) and six fromage road lanes (3 in each direction) The MIS will evaluate the impacts, feasibility, and estimated costs of the project Information regarding the 1-35E MIS is posted on the Texas Departmem of Transportation Webmte, and is provided in Attaehmem # 1 OPTIONS This is a briefing intended to give Council an opportunity to receive information and ask questions Several discussions are anticipated in the future to determine the City of Demon's role in the project RECOMMENDATION The cost, scope, and impact of the 1-35E lmprovemems will have a major impact on the City of Denton Discussions regarding cooperation and collaboration of affected county and city governmems and their technical staffs, property owners, major restitutions and employers, and business interests should begin m the near future An issue staff is seeking to resolve is the interim effort being considered to pursue the ramp reversal project on 1-35E, from State School Road to U S 77 With an estimated cost of $12 million, staff believes further research is needed to determine if this project should be pursued lndependemly, or merged with the larger 1-35E expansion project ESTIMATED PROJECT SCHEDULE The project schedule for the 1-35E MIS indicates that pubhc hearings will conducted in December 2001, and that construction could begin as soon as 2005, pending avallabdlty of funding PRIOR ACTION/REVIEW This is the first briefing held by Council to discuss the 1-35E MIS FISCAL INFORMATION Fiscal mfomlatlon will be provided as it becomes avmlable during the MIS ATTACHMENTS Attachment#1 TXDOTWebsitelnformat~on "Major lnvestment Studtes for the l H. 35E Corrtdor from the SH 121 Bypass to US 380 tn Denton County" Assistant City Manager, Development Services Major lnvesiment Stud]es for the I H 35E Comdor - ProJect Description http//www dot state ~x us/msdtdo~/geod~sl/dal/mmhh35/35mm hlm ATTACHMENT 1 · Tex~s Department of Transportation ,~ Home I-<~(3thOl~ St~. ~Fee, dba ,~~ [~Searoh ?Where New Major Investment Studies for the I.H. 35E Corridor From the SH 121 Bypass to US 380 in Denton County ProJect Description I Prelect Coordination Work Grouo I For More Information I Slide Presentahon Project Dea(3ription Denton County The Texas Department of Transportation is initiating a major investment study (MIS) for transportation improvements to the I H 35E Denton County corridor from the S H 121 Bypass to U S 380 The project Iocahon map below displays the official study area, that being the portion of Denton County which directly affects and/or influences transportation along I H 35E Specifically, this analysis will be processed as two individual MIS's The limits for the 3. 1/8/01 11 02 AM Mzjor Investment Studies for the I H 35E Comdor - ProJect Description http//www dot state tx us/insdtdot/geod~st/dal/mls/~h35/35m~s htm southern MIS extend from the S H 121 Bypass to north of Lew~svllle Lake Th~s ~s being designated as the Lower Study MIS Proceeding north of the lake to U S 380 ~s the Upper Study MIS Both the Lower Study MIS and Upper Study MIS w~ll be processed concurrently each under the supervision of an ~ndlwdually assigned project manager These two studies and their project hm~ts are indicated on the following map UPPER STUDY STUDY Return to Too , The Study Corridor Nabonally I H 35E spans from Mexico to M~nnesota The port~on of I H 35E winch the Lower StUdy and Upper Study MIS's address totals approximately 2.3 m~le.s and m~tlates ~n Denton County, north of Dallas, Texas, spanmng the major crees or Carrollton, Lew~swlle, and Denton Additional smaller c~bes and/or commumtles are also ~ncluded m the study area · Coppell 4. 1/8/01 ] I 02 ^M Major Investment Studies for the I H 35E Comdor - ProJect Description http//www dot state tx ushnsdtdotYgeodist/dal/mls/~h35/35m~s htm · Copper Canyon · Cor~nth~ · Flower Mound · Hebron, · H~ckory Creek · H~ghland Village Lake Dallas ; Lakew0od Village · Oak Point · Shady Shores The Lower Study MIS w~ll address the S H 121 Bypass ~nterchange and the effects of future ~mprovements on Lew~svllle Lake Th~s portion of the corridor ~s approximately 10 miles long The Upper S~;udy MIS w~ll address the interchanges of Loop 288, U S 77, I H 35W, and U S 380 This port~on of the corridor is approximately 13 miles long Return to TOD About the Study , . . Each of the Lower Stud~. and Upper Study MIS s w~ll be a cooperauve an(3 collaborative ~process w~th ~nteracbon between the pubhc, local governments and a~.enc~es and the formal design work group Throughout each study, th~s work group w~ll be designated as the Project Coordinat~on Work Group This work group w~l/be composed ofl representatives from TxDOT, the permitting or stakeholder agencies, the local c~ty end county governments, and c~tlzens volunteenng to represent specific groups or orgamzat~ons Standard~zed traffic modehng and demographic data developed for the region by the North Central Texas Council of Governments (NCTCOG) w~il be used for the studies The NCTCOG ~s a voluntary association of local governments w~thm the 16-county North Central Texas region This agency was established to assist local government~ in planning for common need, cooperating for mutual benefit, and coord~nabng for sound regional development The NCTCOG serves as the Metropolitan Planning Organization (MPO) for transportation ~n the Dallas-Fort Worth Metropohtan Area In order to generate and complete the necessary Final Reports for both the Lower Study and Upper Study MIS's, a bme frame of approximately 30 months w~ll be required However, a set of prehm~nary schematics and the environmental documentation w~ll also be completed dunng th~s penod Return to TOD Purpose and Need For over a decade, the constant increase ~n population and development of nearby c~t~es and commumtles ~n Denton County have added an ~nflux of dmly workforce commuters along I H 35E Th~s is easily understood cons~denng that I H 35E ~s the only major route which extends south to north through Denton County As such, on any g~ven workday, ~t ~s not uncommon to observe traffic backups wh;ch extend for m~les dunng both morning and evening rush hours The demands on I H 35E do not stop here H~stoncally, the I H 35E corridor has functioned as a pnnclple route of national and ~nternat~onal commerce due to ~ts centrahzed location both nationally and statewlde W~th the advent of the North 5. 1/8/01 11 02 AM Major Investment Studms for the I H 35E Comdor - Project DescnpUon http//www dot state tx us/msdtdot/geodlst/dal/mlshh35/35mis htm American Free Trade Agreement, or NAFTA, the value of th~s ~nterstate h~ghway becomes even more apparent Return to Top Conslderat,ona All alternabves wdl be considered dunn~ the course of each MIS to solve the transportation problems of I H 35E This analysis will explore all possible modes of transportation with the primary goal of moving people, as opposed to mowng vehicles The refinement process will involve an established techmcal analysis of the alternatives which will ultimately lead to a consensus solubon(s) Opbons available for consideration ~n solving the transportation problems of I H 35E include · No Build · No Budd with Congestion Management System · Ramp and Interchange Improvements · W~denmg the Ma~nlanes of I H 35E · FM 2499 as Parallel Facdlty to the West · FM 423 as Parallel Facd~ty to the East · Rail through the Study Corridor · Bus Service as an Interim to Rail · Managed High Occupancy Vehicle (HOV) Lanes* · Frontage Road Expansion and/or Extension · Express Lanes · HOV management may consider allowing Single Occupant Vehicles to use the HOV lanes by paying a toll As on all TxD,OT projects, the study of all potential social economic and environmental effects of any future improvements wdl be addressed, ~ncludlng but not hm~ted to · Regional and Community Growth · Economic Impacts · Pubhc Faclht~es and Services · Community Cohesion · Conservation and Preservation · Impact on 4(fi Properties · Lakes, Rivers, and Streams · Jurisdictional Waters · Water Quality · Threatened/Endangered Species and W~ldhfe Habitat · H~stoncal and Archeolog~cal Sites · Aesthetic Considerations ·Pnme, Umque and Special Farmland Impacts · Air Quality Assessment · Water Quahty Assessment · Hazardous Matenal/Substance · Items of Special Nature As lead agency, TxDOT ~s undertaking these studies w~th no preconceived designs or assumptions for future ~mprcvements 6 1/8/01 11 02AM Major Investment Studies for the I r - ProJect Coordmatmn Work CrcouphRp//www dot state tx us/~nsdtdot/geod~st/dal/m~s/th35/workgroup him jr Texas Deparlment of Transportation ~Home [~',<~e~ B.Jl~e , ~,~l~W?.d+baok [~.eearch ?What's New Major InveStment Studies for the I.H. 35E Corridor From the SH 121 Bypass to US 380 in Denton County Project DescnDbon I Project Coordination Work Group I For More Information I Shde Presentation Project Coordination Work Group Two Pubhc Meebngs were held ~n September 1999 to update the public on the status of the MIS The Project Coordination Work Group has been meebng regularly to determine the best course of action An ~n~tial hst of alternatives was created and then rewsed The rewsed ~tems were then put ~nto a Travel Forecast Model to gauge what types of mobility ~mprovements could be denved from them Posmble Environmental ~mpacts and costs were also explored to determine the best strategies The draft perferred alternative consists of the following For the Upper Study- Add Freeway Capacity (8 ma~n lanes) For the Lower Study- Add FreewaylCapacJty (10 mmn lanes) E~ther Rever:$~ble Managed HOV lanes or Express lanes (To be determtned m the next several months of the study) For Both Upper and Lower Study- Travel Demand Management/Transportation System Management (TDM/TSM) and B~cycle/Pedestnan ~mprovements are being recommended throughout the corndor Commuter and hght raft am being evaluated ~n the DART Northwest Corndor MIS The next step for the MIS ~s to continue some refinement of the draft preferred alternative Then TxDOT will beg~n the prehm~nary design schemabc and detailed enwronmental study The next round of Pubhc Meebngs will be during the summer of 2000 The final approved preferred alternative will go to a Pubhc Heanng around December 2001 Construcbon could beg~n as soon as 2005, subject to available funding Return 1~o TOp Updated October 31, 2000 1/8/01 11 02 AM Major Investment Stu&es for the I H 35E Comdor - Contacts http//www dot state tx us/~nsd~dot/geodist/dal/mls/~h35/contacts htm Major Invl stment Studies for the I.H. 35E Corridor From the SH 121 Bypass to US 380 in Denton Coun~ Proloct Description i Prole~ Coordination Work Grouo I For Moro Information I Si,de PrescriPtion For More Information The general pubhc ~s an ~mpo~ant pa~cipant ~n an MIS A thorough public ~nvolvement plan wdl be ~mplemented throughout the durabon of the Lower Study and Upper Study MIS's The following elements w~ll be pa~ of these MIS's pubhc ~nvolvement plan , Newsl~ffem . Public informabon Meebngs . Group Presentations . ProjecE Coordmahon Work Group · Hothne at (214)374~100 Both the Lower Study MIS and Upper Study MIS w~ll be managed by the Dallas Distnct ~ce of TxDOT as follows Lower Study~ MIS Upper Study MIS Proj~t Mare ~ger Mr Enk Walsh Proj~ Manager Mr John Nguyen, P E P O Box 30( t7 P O Box 3067 Dallas, Texa ~ 75221-3067 Dallas, Texas 75221-3067 Tole 214/3:0~68 Tole 214/320-6629 Fax 214/32~70 Fax 214/320~470 Emad ewala ~mail.w dot.state.~ us Emad m~uven~ma~l~w dot state ~ us ~oC 9r 31, 2000 1/$/01 11 03 AM ADenda Item hate AGENDA INFORMATION SHEET AGENDA DATE. January 23, 2001 DEPARTMENT. Fire Department CM/ACM: Jon Fortune, Assistant City Manager ~x~-~ SUBJECT: Receive a report, hold a discussion and give Staff direction regarding the process to select an architect to design the new Central Fire Station BACKGROUND. Staffwas directed by the City Council at their Work Session on January 9, 2001, to provide further Information on the selection of an architect for the design of Central Fire Station in the old power plant at Hickory and Bell Specifically, Staff was asked why we did not recommend the local architect who was one of the four finalists Contract negotiations with Wlglnton, Hooker & Jeffrey were suspended until after the City Council review of this information and further direction SELECTION PROCESS: Throughout the selection process, the City Council was kept updated wa Monthly Project Updates by Staff (See Attachment #1) Staff followed a legal and comprehensive process in the search for the most highly qualified architecture firm to design the new Central Fire Station SELECTION PROCESS STEP 1 Even though the Professional Services Procurement Act and City procedures do not mandate it, Staff developed a Request for Sealed Proposals (See Attachment #2), which was reviewed by Purchasmg and Facilities Management prior to finalization This Request for Sealed Proposals (RFSP) was then sent out to 31 vendors broken down by City (number of rims) as follows Denton = 6 rims Dallas = 14 rims Ft Worth = 2 rims Carrollton = 2 firms Plano= 2 rims Lewlsville, Garland, McKinney, Addison, Arlington = 1 firm each The RFSP was also advertised on October 18 and 22, 2000 Page 1 Selection Process STEP 2 On November 7, 2000, the City recexved 11 proposals from archxtects (See Attachment #3) for the desagn of Central broken down by C~ty (number of firms) as follows Denton-- 1 firm Dallas -- 7 firms Arhngton = 1 firm Carrollton-- 1 firm Garland-- 1 finn Selection Process STEP 3 The 11 proposals were evaluated by Fare Chief Ross Chadwick, Facthtles Management D~rector Bruce Hemngton, Assistant City Manager Jon Fortune and Purchasing Department representative Demse Harpool The committee was estabhshed using various C~ty Departments to get a variety of wewpmnts, tncludmg Pumhas~ng to make sure all City and State gmdelmes and laws were followed The committee used the following criteria to evaluate each proposal w~th the goal of selecting three or four finahsts ~ Propos®r's business Iooetion in the City of Denton = up to 20% Staff used th~s cntena due to the fact that a local architect m~ght have knowledge of the braiding and also m~ght have an understanding of commumty expectaUons for this project as well as possthle connections wtth h~stoncal and arts-type organizations Local architects also might have a firm tmderstand~ng of the local historical preservation requirements as well as the local bmld~ng codes ~ Arohitaot's previous suooassful projaot.history with publ!o faoilitles and esp®oially fire station design and construot,on . up to 30% Staff felt ~t was extremely ~mportant that the selected architectural firm have s~gmficant successful h~story des~gmng and constructing fire statmns Fire stataons are very umque pubhc facilities requmng very spemahzed knowledge Due to the fact the "old" Central F~re Station had so many problems and the negative pubhmty that th~s station has received, fire station experience received the h~ghest evaluation criteria ~ Arohiteot's previous suooessful projeot history with the preservation of historioal buildings = up to 20% The historical s~gmficance of this bmld~ng d~ctates that the selected architectural firm must have previous successful experience preserving and restonng h~stoncal structures and also have expemse ~n dealing with h~stoncal buildings Page 2 / General Overall Qualifications of the Architect and ability to perform the work = up to 20% This criteria was used to help determine the most highly quahfied archztect based on overall quahficat~ons as an architect and references ~ Creative approach = up to 10% Because of community expectations and the desire to have a fire station ~n th~s area (arts/cultural comdor), ~t was felt that some credit should be g~ven to creative ~deas on how to make th~s project stand out from others The members of the rewew committee ~nd~vlduall¥ evaluated each of the 11 submitted proposals using the above criteria After md~wdual evaluations, the committee met to compare evaluations and ranked the four finahsts ~n th~s order 1 Wiginton, Hooker, Jeffary Dallas 2 Brown, Reynolds, Watford Dallas 3 Randall Scott Dallas 4 James Kirkpatriok Denton Selection Process STEP 4 An Interview Committee made up of Fire Chief Ross Chadwick, Facthttes Management D~rector Bruce Hemngton, Assistant City Manager Jon Fortune, Mmn Street Coordinator Juhe Glover and Purchasing Department representative Christy Sk~rchak lnterwewed each finalist on November 29, 2000 Juhe Glover was added to the ~nterv~ew committee because of her expertise and experience wtth h~stoncal and downtown ~ssues The Professaonal Services Procurement Act and C~ty procedures do not mandate th~s ~nterv~ew process, but Staff felt at was ~mportant to confirm our ~mtml evaluations by asking a series of questions to select the most htghly quahfied architectural firm Dunng the one-hour ~nterwew, each firm was g~ven the chance to make a presentation of their quahficat~ons and proposal and then the following questions were asked of each firm Page 3 What experience do you have building fire stations? What are some of the umque design concerns for fire stat~ons~ Have you ever converted another bmldmg/facd~ty into a fire station? What experience do you have preserwng h~stoncal bu~ldmgs~ What do you think of the old power plant s~te as a fire station s~te? What problems do you foresee converting the old power plant ~nto a fire staBon7 What ~nteractlon do you th~nk ~s necessary w~th the Community? H~storlcal Landmark Comrn~ss~on/Greater Denton Arts Council? F~ref[ghters? F~re Adm~mstrat~on Staff~ How do you propose braiding th~s input Into the demgn of this project? Who do you consider your client/or chents during the design phase? What do you see as the best process for the design of th~s project? What are your firm's greatest strengths ~n relation to th~s type of design? What are your firm's greatest weaknesses ~n relation to th~s type of design? What ~s your top priority dunng the Construction Phase of a project? Why would the City of Denton hire your firm over other A/E firms? The committee as a group determined the most highly quahfied firm based on these ttn'ee criteria I Presentation of the firm's proposal 2 Response to questions 3 Overall quahficat~ons of the firm Even though all of the four finahsts are good architectural firms, the committee reached a unammous concluston that W~gmton, Hooker & Jeffrey ~s the most h~ghly quahfied architectural firm to destgn Central F~re Station SELECTION TIMELINE: In accordance wath that select,on, the reqmrements of the Professional Servmes Procurement Act and Staff's desire to get their proposal to the C~ty Counml on February 6, 2001, the following select~on t~mehne was estabhshed 12/15/2000 Proposed contract sent to firm 1/3/2001 Receipt of contract proposal back from firm 1/4/2001 Staff targets and obj ect~ves Page 4 1/9/2001 Neaotiations (frozen b_v City Council. 1/9/01) 1/10/2001 Request best and final offer 1/11/2001 Best and final offer back from architect 1/11&1/12/2001 Prepare award documents l/12/2001 Award documents to Legal 1/22/2001 Post caption for February 6, 2001 agenda 2/6/2001 City Council meeting for approval Based on direction from the Cay Council on January 9, 2001, Staff suspended that umelme at the "Negotiations" stage Staffhad scheduled a final negations meeting for January 10 with W~glnton, Hooker & Jeffrey ~n accordance w~th the Professional Services Procurement Act to agree on a contract at a fmr and reasonable price SELECTION OF "BEST OU.~IJFIED" ARCHITECTURAL FIRM: The two mmn goals for this project are to (1) provide a fully functional fire station using state of the art concepts and leading edge technology while (2) restonng the shell of this h~stormal budding into its original look All of thc firms tntervlewcd brought m consultants for portmns of the City's requirements to convert the old power plant into an operational fire station No one firm had the necessary experience and expertise m house to meet our requirements Therefore, it was necessary to consider the quahficatlons of their consultants as w¢11 as the actual architectural firms in making a dec,stun of thc most quahfied architectural firm overall 1 FIRE STATION EXPERIENCE: The primary goal of this project is to have a state of the art fire station As ~ndmated by the 30% original evaluation criteria rating for fire station and public facilities experience, Staff feels there are many reasons why the City should pick someone with substantial fire station design and constmctlon experience a The design &the "old" Central F~re Statmn was done by an architectural firm with no fire station design experience and the resulting product unfortunately shows what can happen The station design was not satisfactory for a fully functional fire station It had inherent problems (not large enough for number of staff, strength of apparatus floor, ventilation, upstmrs size and layout, etc ) from the very opemng of the station and someone should have recogmzed it would have future problems Unfortunately, the F~re Department accepted ~t because they also had very little fire station design experience This is an important reason to h~re an architect w~th substantial experience designing and constructing fire stations F~re Department Staff usually does not get many opportunities in a career to bmld many stations so ~t must rely on someone who does Fire Stations are highly ws~ble ~n the commtm~ty and should be expected to last thirty to fifty years b Only an experienced fire station designer can determine the separation of functions necessary for the pubic presentation of emergency servmes and Page 5 vehicles, the private nature of dormitory living, the business orientation of administrative offices, and the unobtrusive but welcoming character of community access c It is important to have someone who has built fire stations guide staff (especially firefighters) through the design phase Experience will bnng out the needs of the specffic fire department and specific fire station Only someone who has gone through this process many times knows the right questions to facilitate a fully state of the art functional fire station There are many options m design that an experienced fire station architect can present Wlglnton, Hooker & Jeffrey was the only firm who had an outstanding grasp of the uniqueness of fire stations d Although the design of a fire station is critical, having also constructed the fire station after design is equally important It's one thing to have a vision and design a braiding but quite another to actually see it come to reality Putting a design on paper does not guarantee a successful construction project Wlglnton, Hooker & Jeffrey have designed and built many fire stations in the Metroplex Wlglnton, Hooker & Jeffrey has designed 23 fire stations and all the pnnclpal partners have had hands-on experience in the design of fire stations and municipal bmldmgs They were aware of many considerations particular to the design of fire stations that the other three firms did not mention, such as accessibility for trucks, Individual thermal issues, site screening, noise issues regarding several persons hying in a confined space, and ease of cleanliness (hard surfaces) versus a comfortable environment (soft surfaces absorb more sound) Two of the partners have spent time living in fire stations to experience first hand what practical needs to address No other firm interviewed has designed and constructed nearly as many fire station projects or municipal public safety projects as Wlgmton, Hooker & Jeffrey In addition to the following municipal public safety project list, they have 53 other public facilities projects, including animal shelters, county jails, county courts, recreation centers, senior centers, convention centers and c~ty halls WIGINTON, HOOKER & JEFFREY Mumcipal Public Safety Prolect List: Fire Station #5 - Irving Fire Station #39 - Dallas Fire Statmn #3 - Flower Mound Fire Station #1 - Lake Cities Fire Stations # 1 and #2 - Carrollton Fire Station #11 and Police Substatmn #1 - Irving Fire Stations #3 and ~4 -Plano Central Fire Statlon/Trulmng/Flre Admm remodel and addition - Lewisvdle Fire Station #2 - Lewlsmlle Page 6 Northwest Fire Station - Colleyvllle Fire Station #3 - Sherman Fire Station Prototype Design - Del Pdo Belthne Road F~re Station - Lancaster F~re Department Administrative Offices - Lancaster Central Fire Station Expansion - Lancaster Central F~re Station/Police Headquarters/Courts Planning/Design - Mexia Flre/Pohce/C~ty Hall Study - Highland Vdlage Fire and Pohce Station - H~ghland Park Fire and Police Communications Center - Garland Fire Station - Harker Heights Police Statmn - Harker Heights Pohce and Courts Facility Study - Irving Police Headquarters Programming/Planning/Design - Laredo Police Station Remodel/Addition - Lewisvllle Police and Courts Facd~ty - Flower Mound Police courts Facihty - Baytown Police and Courts Study - San Bemto Police Headquarters Study/Design - Dallas Police Bmldlng - Waxahaclue 2 HISTORICAL EXPERIENCE: The other important goal of this project is to restore/preserve the historical slgmficance of this building while mmntalmng its original integrity To successfully accomplish th~s, it is absolutely cntmal to have a specialist in architectural preservation on the team Because of this high tustoncal pnonty, Wiglnton, Hooker & Jeffrey selected Marcel Quimby as the lustoncal consultant for this project MARCEL QUIMBY Professional Ouahfications' Texas Historic Commission - National Regmter Rewew Board, Ex-officio member, 1999 - 2002 National Trust for Historic Preservation, Texas Adwsor, 1998 - 2001 Preservation Dallas, Board of Trustees and Advisory Councd, 1993 -present American Institute of Architects, 1980 - present Elected to the College of Fellows in 1997 for contributions to community and neighborhood preservation and planning in Dallas Dallas Landmark Commission, 1987 - 1989, and member of the Des~gnation Task Force, a subcommittee of the C~ty of Dallas Landmark Commission, from 1983 to present Successful completion of several relevant historical preservation projects Marcel Qmmby has broad professional experience ~n h~stonc renovation, restoraUon, preservation plarmlng, arclmtecture, master planning, research, programming and strategic planning This experience in des~gmng and managing historic projects, as well as her "hands on" experience with the Dallas Landmark Commission, Texas's National Register Rewew Board and other preservatton Page 7 efforts provides an outstanding understanding of the complexities of historic projects and buildings The committee was highly impressed with her expertise and enthusiasm for the project as well as her extensive knowledge of Texas historical preservation She will be closely involved in the design and construction of Central Fire Station, especially interacting with the Historical Landmark Commission The fact that she has been on a local historic landmark commission in Texas will certmnly give her credibility with our Historical Landmark Commission RECOMMENDATION. Staff recommends that the City continue its selection timeline and resume negotiations with Wiglnton, Hooker & Jeffrey 1 They had the most comprehensive plan for involving stakeholders They proposed to meet with as many groups as we specified in order to meet the criteria of the firefighters, the neighborhood and preservation groups 2 None of the other firms could meet the enormous amount of experience this company has had in designing fire stations 3 The preservation of this bmldlng was a high priority, and Staff was impressed with their local preservation consultant, Marcel Quimby A historic building has to be functional as well as historically correct The committee felt sure that this firm could preserve the integrity of the building, make it a comfortable living and working environment for the employees, and mmntaln its established place as an integral part of the downtown community The selection committee felt strongly that the overall outstanding qualifications of Wlglnton, Hooker & Jeffrey combined with Marcel Qmmby's Texas historical experience make Wlglnton, Hooker & Jeffrey the most highly qualified architectural firm to design Central Fire Station in the old power plant However, if the City Council determines that the selection process was not in the best interests of the Community, Staff would recommend rejecting all the proposals and immediately beginning a new selection process Respectfully Submitted Ross Chadwick Fire Chief Attachments Council Monthly Project Updates 2 Request For Sealed Proposals 3 Architects Making Proposals Page 8 Attachment # 1 CITY MONTHLY PROJECT Ce~ral Fire ' Augur# t~ ~~mb~r 2000 Page 9 DENTON FIRE DEPARTMENT MAJOR PROJECTS UPDATE TO City Counc,I Members Michael W Jez, City Manager FROM Ross Chadwmk, F~re Chief August 4, 2000 CENTRAL FIRE STATION All the options for the future of Central fire Station w~ll be d~scussed during the City Council Budget Session, August 4, 2000 D~ck Calvert, the architect who d~d the design work for renovations at Central, has analyzed and compared the costs to (1) renovate Central, (2) build a new fire station at a new site ~n the downtown area, or, (3) relocate Central to the old power plant at H~ckory and Bell If you want more ~nformat~on about Central please g~ve me a call at 8101 Page 10 DBNTON FIRE DEPARTMENT MAJOR PROJECTS UPDATE TO C,ty Council Members Mmhael W Jez, City Manager FROM Ross Chadwick, Fire Chief September 8, 2000 CENTRAL FIRE STATION' Now that that c~ty Council has approved option #3, we are anxious to start th~s project as soon as possible, We are working w~th Purchasing and Fac~ht~es to develop the spec~hcat~ons for an architect and hope to have th~s done w~thm the next two weeks We are also estabhsh~ng close working relationships w~th the H~stonc Landmark Commission and Greater Denton Arts Council as we develop the plans for the conversion of th~s h~stonc building If you want more mformat~on about Central please g~ve me a call at 8101 Pa§¢ 11 DENTON FIRE DEPARTMENT MAJOR PROJECTS UPDATE TO City Councd Membera Michael W Jez, City Manager FROM Ross Chadwick, Fire Chief October 6, 2000 CENTRAL FIRE STATION Now that that C~ty Council has approved option #3 and the new budget, we are anxious to start th~s project as soon as posmble We have worked w~th Purchasing and Facd~t~es and developed the specifications and RFP for an architect for th~s umque project and hope to have the RFP out for proposals starting next week Proposals will be compared on the bas~s of the following 1 Proposer's bus~ness location ~n the C~ty of Denton = 20% 2 Proposer's previous successful project h~story w~th pubhc facilities and especially fire station design and construction = 30% 3 Proposer's prewous successful project h~story w~th the preservation of h~stoncal buildings = 20% 4 Quahflcat~on of the Proposer and abd~ty to perform the work = 20% 5 Creative approach = 10% Interwews will be conducted by an evaluation comrmttee, who wdl then make the final select~on We are continuing to work w~th the H~stonc Landmark Commission and Greater Denton Arts Councd as we develop and finalize the plans for the conversion of th~s h~stonc budding If you desire more mformat~on on th~s ongoing project please g~ve me a call any t~me at 8101 Page 12 DENTON FIRE DEPARTMENT MAJOR PROJECTS UPDATE TO City Council Members M~chael W Jez, City Manager FROM Ross Chadwick, F~re Chief November 8, CENTRAL FIRE STATION On November 7th we received 11 proposals from architects for the design of Central The umqueness of th~s project attracted many top companies We will narrow the 11 down to about 3 or 4 flnahsts whom we will ~nterwew w~th~n the next two weeks Interwews will be conducted by an evaluation committee, who will then make the final select~on The Intervmw Panel will be made up of Bruce Hemngton (Facilities Management), Denise Harpool (Purchasing), Jon Fortune, Juice Glover (Mare Street and Hmtor~cal Landmark Commission) and myself Proposals will be compared and evaluated on the bas~s of the following 1 Proposer's bus~ness location ~n the C~ty of Denton = 20% 2 Proposer's prewous successful project h~story w~th public facilities and especially fire station design and construction = 30% 3 Proposer's prewous successful project h~story w~th the preservation of hmtoncal buildings = 20% 4 Quahflcat~on of the Proposer and ability to perform the work = 20% 5 Creative approach = 10% Our goal ~s to have the recommended architect to the C~ty Council for approval the first meeting ~n January, 2001 If you desire more ~nformat~on on th~s ongoing project please g~ve me a call any t~me at 8101 Page 13 DENTON FIRE DEPARTMENT MAJOR PROJECTS UPDATE TO City Counc,I Members Michael W Jaz, City Manager FROM Ross Chadwick, F~re Chief December 13, 2000 '~N~mled to Councd on 12/1§/00 CENTRAL FIRE STATION On November 7th we received eleven (11) proposals from architects for the design of Central The umqueness of th~s project attracted many top companies We narrowed the eleven (11) down to four (4) flnahsts whom we ;ntervlewed on November 29th Interwews were conducted by an evaluation comm;ttee who all agreed on the select~on of a number one candidate The Interwew Panel was made up of Bruce Hemngton (Facilities Management), Christy Sk~rchak (Purchasing), Jon Fortune, Juhe Glover (Ma~n Street and H~stor~cal Landmark Commission) and myself Page 14 Attachment #2 REQUESTS FOR SEALED Central Fire Page 15 CITY OF DENTON, TEXAS RSFP # 2579 ARCHITECTUAL SERVICES FOR CONVERSION OF BELL STREET POWER PLANT TO CENTRAL FIRE STATION of BID OPENING DATE: 11-7-2000 By 2:00 P.M. Prepared by: Fire Department NOTICE TO VENDORS Proposals will be received by the City of Denton, Texas at the office of the Purchasing Agent pnor to 2 00 p m, November 7, 2000 for the follow:ng RSFP # 2579- Architectural Services for Conversion of Bell Street Power Plant to Central F~re Station Qualified prospective suppliers my obtain cop~es of the proposal w~th information at the office of the Purchasing Agent, located at 901-B Texas Street, Denton, Texas 76201 ~n the Servme Center complex The C~ty of Denton, Texas reserves the right to reject or accept any proposal and award to the most advantageous proposal received No officer or employee of the C~ty of Denton shall have a financial interest, direct or indirect in any contract w~th the C~ty of Denton Minority and small business vendors are encouraged to submit proposals CITY OF DENTON, TEXAS (940)349-7100 TOM D SHAW, C P M PURCHASING AGENT This advertisement to mn. Octoberl8 and October 22, 2000 RFSP 2579 - STANDARD AD RFSP # 2579 REQUEST FOR SEALED PROPOSAL City of Denton Central Fire Station GENERAL I~IFORMATION A Project Title Conversion of Bell Street Power Plant into City of Denton Central Fire Station B Project Location. 332 East Hickory Street "The Bell Street Power Plant" City and County of Denton State of Texas C Project Intent The City of Denton ("Owner") ts in the process of selecting an archltectural/englneenng finn for design of a new Central Fire Station The project is unique in that it will convert a registered historical building, which is in a state of disrepair, into an operational and fully functioning modem fire station with administrative offices and a large community/training room The selected Proposer will be required to work closely with the Owner throughout the process as well as effectively interacting and communicating with community historical preservation groups and downtown businesses, which includes the City of Denton Historical Landmark Commission, Greater Denton Arts Council and Main Street Program Therefore, the selected Proposer must include a combination of experience in public famhty/fire station design and construction as well as historical building preservation There is nothing in this Request for Proposal that would limit the Proposer from forming a team, which meets the combination of experience in fire station design and construction and historical building preservation D Estimated ProJect Budget Total Project Budget is approximately $2,800,000 This budget includes all professional architectural services, testing, construction and contingencies II ARCHITECT/ENGINEER SCOPE OF SERVICES A Provide all services to construct thc project including 1 Schematic Design Page 1 RFSP 2579 2000 RFSP # '2579 REQUEST FOR SEALED PROPOSAL City of Denton Central Fire Station 2 Design Development Not hmlted to but to include designing the bmlding in relatmnship to Operatmns and Maintenance cost and efficiencies related to the building being a valuable useable facility for future years (30 years plus) 3 Construction Documents To include written documentation from the State of Texas concerning the waiver of ADA requirements and/or confirming that all drawings and documents meet ADA reqmrements and gmdehnes before bidding the project 4 Specffieat~on (Statement of Probable Costs) To include construction estimates but not hm~ted to land purchases, exterior landscaping, utilities, electrical, water and furniture installation costs Also the estimates of Operations and Mmntenance annual costs to operate the new braiding, malntmmng the building, and secunng the building in a safe manner, i e, may tnelude fiber, telephone utility 5 Sattsfy~ng all C~ty and State registered hlstoncal bmldmg requirements 6 B~dd~ng for construction will be sent out and received by the C~ty of Denton Purchasing Department as per State statute The recommended firm will be expected to attend numerous City of Denton Famhties Management Department meetings, some Community meetings, some C~ty of Denton H~stoncal Landmark Commission meetings and some City of Denton C~ty Council meetings B Contents of Proposal The architect/engineer's information should be contuse and may be supported by any exhlbtts that demonstrate the firm's (team's) qualifications and experience m bmld~ng fire stations and preserving historical buildings The mformat~on should address the following I Credentmls of the architect/engineer (team) that will be directly involved in the project 2 A description of the procedure in which the archltect/engtneer (team) will work with City staff 3 A description of the procedure m whmh the amfutect/englneer (team) will work w~th Conummlty groups including the C~ty of Denton Historical Landmark Commission Page 2 RFSP 2579 2000 RFSP # ,2579 REQUEST FOR SEALED PROPOSAL City of Denton Central F~re Station 4 A list of related projects and chents that may be contacted for additional information 5 How the architect/engineer (team) will accomplish the project specifically building a modem state of the art fully operational fire station while maintmmng the historical look and ~ntegnty of the ex~stlng registered historical structure 6 Architect may be required to use the City of Denton assigned mechanical engineer C Architectural Des,gn Scope of Work 1 Ground floor to consist of the operations portion of a central fire station, which includes the following a Three bay apparatus floor to house "- 1 engine company "- 1 track company (105 ft ladder track) 1 ambulance company "- 1 reserve engine "-- 1 reserve ambulance b Living quarters for up to 15 24-hour shift personnel c Dormitory quarters for '~ 2 captmns .--2 drivers · -- 6 fire fighters .--1 battalion chief d Offices for ·~ 2 captains ~ 1 battahon chief ,.- Lobby into fire station e 1,200 square foot communlty/trmmng room 2 Second floor to consist of administrative offices of approximately 7,000 square feet This space will ~nctude offices for approximately 15 adm~mstrative staff and a large conference mom, small meeting room, and break area Page 3 RFSP 2579 2000 x20 RFSP # ,2579 REQUEST FOR SEALED PROPOSAL City of Denton Central Fire Station 3 Third floor to consmt of approximately 5,000 square feet Th~s space will be the shell for future expansion for possible commumty meetmg rooms 4 Comply with ADA regulations, City ordinances and bmldtng codes 5 Comply wtth C~ty of Denton Code, Article V H~stonc Landmark Preservation and Hmtonc Districts 6 Construction admtmstratton wall be completed by the C~ty of Denton Famhtms Management Department 7 Produce budget reformation and cost estimates prior to b~d and as needed before begmmng construction D A copy of the C~ty's Standard Agreement for Archttects Servmes ~s attached IV SELECTION PROCESS A Rece.pt of Proposals. Five cop~es of the proposal must be submitted on or before November 7, 2000 at 2'00 P M to C~ty of Denton Purchasing Department Attention Tom D Shaw, Purchasing Agent 901B Texas Street, Denton, Texas 76201 The envelope contmmng the proposals shall be sealed and bear the name and address of the Proposer and shall be plmnly marked as follows SEALED PROPOSAL FOR PROFESSIONAL SERVICES FOR CONVERSION OF BELL STREET POWER PLANT INTO CITY OF DENTON CENTRAL FIRE STATION B Bas.s of Proposal Comparmon/Evaluat~on Proposals wall be compared/evaluated on the basts of the followtng 1 Proposer's business locatton ~n the C~ty of Denton = 20% 2 Proposer's prewous successful prolect hmtory w~th pubhc famhtms and espemally fire station demgn and construction = 30% Page 4 RFSP 2579 2000 X!X~ 21 RFSP # 2579 REQUEST FOR SEALED PROPOSAL City of Denton Central Fire Station 3 Proposer's previous successful project htstory with the preservation of hmtoncal buildings = 20% 4 Qualification of the Proposer and ability to perform the work = 20% 5 Creative approach = 10 % Interwews w~ll be conducted by an evaluation committee, who wdl then make the final select~on C Method of Award 1 Following the deadline for receipt of proposals, all proposals submitted will be analyzed and reviewed by Owner The Owner reserves the right not to accept any proposal, or to reject any or all proposals and to waive defects or irregularities in any proposal, at its discretion The Owner will select the Proposer, who at the sole discretion of the Owner, is the most responsible and beneficial Proposer to the Owner and will then have the right to negotiate a contract based on all factors involved in the proposal 2 After selection, the successful Proposer and the Owner will then negotiate and complete all necessary documentation and contracts Dunng contract development and negotiation, the successful Proposer shall not contact any Owner official except the individual designated to act on the Owner's behalf dunng this process If a successful agreement cannot be reached with the first selected Proposer, the Owner will then negotiate with the next Proposer and continue this process until an acceptable agreement is reached Page 5 RFSP 2579 2000 ~x 22 Attachment #3 Ce~ral Fire Page ~[ 2 3 ×X DEC 27 00 (WEDI I[ 07 CITY OF DENTON PURCHASING 940 ~49 7~02 ~A~a ~/4 RFSP 2579 Date: 11/7/00 ARCHITECTUAL SERVICES FOR CONVERSION OF BELL STREET POWER PLANT TO CENTRAL FIRE STATION No V~NDOR CITY 1 James R K~rkpatnck Denton 2 McCa$1in Dallas 3 Wig~nton, Hooker, Jeffery Dallas 4 Hatfield, Halcomb Architects Dallas 5 Petrelli Associates Arlington 6 Ron Hobbs Garland 7 Randall Scott Dallas 8 Calvert Carrollton 9 Brown, Reynolds. Wafford Dallas 10 Hullmuth, Obala. Kassabaum Dallas 1 1 Corgan Associates Dallas X~ 24 AGENDA INFORMATION SHEET AGENDA DATE: January 23, 2001 f DEPARTMENT' Planning & Development_//. CM/DCM/ACM Dave Hill, 349-8314 ~ )t:~E SUBJECT Receive a report, hold a discussion, and give staff d~rect~on regarding the draft scope of work for the C~ty of Denton Famhtles Master Plan BACKGROUND As part of the approval of the fiscal year 2000-01 budget, C~ty Cotmcfi reserved funding to conduct several master plans One of these projects was ~dentffied as the Fatalities Master Plan As the ~mplementat~on of the 1990-2000 Space Plan neared completion, the need for additional pubhc facthtaes was realized m 1999 A strong population growth rate, new development, and expanding c~ty botmdarles are all contributing factors that will necessitate ~ncreased service delivery levels As Denton grows, new or expanded facilities will be needed to support new personnel, eqmpmant, and storage fimct~ons For example, a new North Branch L~brary will soon be opened on Sherman Drive, and a new F~re Stat]on #7 will be located ~n southwest Denton, along e~ther US 377 or 1-35W The Denton Plan indicates that planmng for public faclht~es should be coordinated to take advantage of shared sites, to reflect h~gh quahty, and to serve as the centers of new neighborhoods where feasible In Denton, neighborhood parks have been located close to elementary schools to create central "focal points" ~n several neighborhoods, and these famht~es serve as neighborhood centers The tmderlylng principle of coordinated factht~es planning ~s to use pubhe resources as efficiently as possible wh~le providing the range of sermces expected by mt]zens The master plan scope, as drafted, ~s also intended to address other more detmled Issues such as general space needs, proper mmntenance levels, standards for design, and proper repmr and replacement schedules to protect existing factht~es and provide a budgeting tool for regular mmntenmace act~wt~es During late 2000, city staff prepared a Request for Proposals (RFP) that was advertised pubhcly and sent to more than 20 consultant firms Seven firms or consultant teams responded w~th proposals, and on December 7th and 8th, proposal interviews were conducted for six of the respondents Using a sconng system that was weighted ~n d~rect correlation to the RFP criteria, a 12-person interview panel representing all mty departments chose the firm Hellmuth, Obata + Kassabaum, Inc (HOK) as the preferred consultant for the project Following their selectmn, the HOK team met wtth city staff to refine the draft scope of work and budget The HOK scope of work and budget is prowded as Attachment #1 The RFP sent to consultants firms ~s prowded as Attachment #2 OPTIONS 1 Approve the draft scope of work and budget as recommended by city staff 2 Revise the draf~ scope of work and budget, with revistons 3 Decline to undertake the project RECOMMENDATION Staff recommends approval of the draft scope of work and budget Pending Counml comments at the January 23rd work sesston and continuing scope refinements, staff wall prepare a contract for the project, and will schedule Council approval of the contract at a regular meeting ~n the near future Contract anthonzat~on is recommended m an amount not to exceed $361,533 ESTIMATED PROJECT SCHEDULE The project schedule indicates that the draft master plan will be completed by November 2001 PRIOR ACTION/REVIEW Council was briefed by staff regarding the need for a Faclhtles Master Plan dunng budget workshops conducted ~n summer 2000 FISCAL INFORMATION The proposal offered by HOK will cost $361,533 Funding for the Famhtles Master Plan was reserved in the city's 2000-01 budget ATTACHMENTS Attachment #1 City of Denton Facflmes Master Plan - HOK Draft Scope of Work & Budget Attachment #2 Facilities Master Plan Request for Proposals Respectfully subm~t~ ATTACHMENT 1 Draft Proposal for City of Denton Facilities Master Plan Submitted By Hellmuth, Obata + Kassabaum, LP January 12, 2001 Project Undersfclndlng The Ctty of Denton ts at an ~mportant stage in planmng for the development of the c~ty for the next twenty years Hawng completed The Denton Plan, a growth management strategy has been developed and ~t ~s now ttme to develop a Comprehensive Factht~es Master Plan This plan w~ll focus on the next ten years, whtch is one the crmcal first steps to posmonmg the ctty to gatn a complgta understanding of ~ts assets, develop service dehvery options for future growth, as well as a framework to grade the master planned improvements resulting ~n specific factlmes recom~nendat~ons optlmlzatmn strategy for the short term plan (3-5 years), capital fundmg strategy for the long term plan (5-10 years), and a master planned ~mplemantatton/phasmg schedule Project Approach HOK has assembled a best-~n-class project team to prowde pre-design and dec~ston support services, including famht~es programming, feas[blhty testing and strategic planmng We have the add~t~dnal ab~hty to call upon spemahsts w~th~n the larger HOK network for advtce at the pre- destgnlstage including architects, interior designers, landscape architects, urban destgn specialists and engineers We reahze that there are special challenges tn workmg on a mumctpal proJect for the City of Danton many stakeholders and diverse objecttves, multiple real estata/financ~al optmns and the need to achieve exemplary results w~th hmlted resources We are fam~har w~th these challenges and have developed programmtng tools and facthtatton techniques to successfully acfueve your object~ves The project team w~ll ut~hze HOK's Problem Seeking methodology to estabhsh goals, collect and analyze facts, uncover and test concepts, determine needs hnd state the problem The programming and planning process ~s chent-partmtpatory and w~ll tnvolve a ser~es of interactive workshops on-s~te to · collect base data, · define goals, objectives and work tasks, collect and rewew program ~nput with chent representatives, resolve program directions w~th chant decision makers Project Workplan HOK has organized the approach to develop an approprtate Master Plan for the City of Denton by d~screte phases that include the fullowmg process steps as requested tn the C~ty's RFP 0 Project Inmatmn/Objectlves and V~s~on, 1 Data Collectton and Analysts, 2 Se~wce Dehvary Prmctples, 3 Fa(~dlty Master Plan Development, 4 Sp~c~fic Famhty Recommendatmns (3-5 years), 5 Sp~c~fie Fac~hty Recommendations (5-10 years) We have ~ncluded three exhibits to fully ~llustrate our project approach · Process Dmgram A wsual d~agram that conveys the phased process HOK wtll undertake to develop a comprehensive faelhty master plan for the City of Denton ~nclud~ng acttwt~es/task, prqcess, demsmn meetmgs/m~lestones/approvals and dehverables · Pr6,1eet Schedule Using the process d~agram, the specific tasks under each process step have e been outhned within a calendar schedule to mdtcate the relattonsh~p of act~wt es to on 4 another ~n t~me The time indicated is actual work t~me of our project team Knowtng that the actual amount oft~me required for rewew and approval by the c~ty and/or c~ty councd may tmpact the schedule, we have ~nd~cated four update/approval meetings at the end of major phases whxch may add to the actual length of the project beyond our control · Scope of Work Outhne Outhne of the process whmh describes the sequence of major actlvmes, goal of the task, outhne of act~vmes wtthm the task, antmtpated duranon and expected dehverables HOK xs pleased to submit th~s outhne of a workplan to describe the approach we will undertake to develop a Comprehensive Facilities Master Plan for the C~ty of Denton Below we have prepared cursory descriptions of the steps we will take, ~nclud~ng the key act~wt~es, goals to accomphsh, duration, key dehverables and prereqmsttes of each ~tem 0 0 Project Initiation Goal Understand the ~ssues and objectives of the study, the expectations and priorities of the stake-holders, the decision-making and approval process, and the uses for the dehverables/products Key~4cttwttes HOK wall meet w~th C~ty staffto d~scuss the study object~ves and confirm the workplan, schedule and part~ctpant roles (including forming the steenng/dec~ston- making/approval groups and the techmcal resoume group) Three major milestone act~wttes ~nclude · Project Management Meetings - One-day meeting to orgamze the project team, review and adjust project schedule, ~dent~fy the decision-making process, agree to the format, level of detail and content of the dehverables to be prepared by HOK by rewew~ng samples from other projects · Steering Committee Creation - IdentlfiCat~on of members of the Steenng Committee who wall provide the primary d~rectton for the project Composed of decision-makers and department heads representing the affected groups, th~s group would meet m the forum of presentation of findings at key mdestones m the project · Vis,on Session - HOK wall famhtate a one-day V~s~on Session w~th scmor management and/or project stakeholders to identify the ultimate goals and objectwes of a master plan The meeting will be conducted m an ~nteract~ve style, utthzmg our Problem Seeking methodology that ~s mtcnded to ehc~t many wewpomts of all participants resulting ~n the estabhshment of prtont~es and parameters to focus the study Our purpose m these sessions ~s not to produce solutions, but rather, to ~dent~fy all aspects of the problem to be solved, so that eventual solutions effectively address as many ~ssues as posmble Duratton I Week Key Dehverables · Flnahzed scope, schedule, fee and dehverables · "Leadership D~rect~on" Summary Prerequtsttes * Notfficat~on to proceed 5 I Condition Assessment/Macro Program Goal Two fold focus 1) Development of database of City of Denton assets which w~ll serve as a single source to record the baseline data, assessment of the famhty condition and suggested ~mprovements 2) The development ora "macro program" which wall serve as the demand criteria to develop strategies encompassing existing asset optimization and new asset defimtton Key Aettwties HOK will assemble two teams to concurrently collect and analyze data relevant to the study The two teams will test their findings against planning standard filters leading to analytical synthesis of the supply versus the demand condit~on and the development of the "macro program" · Supply Condition - HOK will assemble a team to develop a database framework to consistently report the assets C~ty owned properties, structures, improvements and programmed facdmes HOK wdl work w~th key C~ty personnel to create a "checklist" for the evaluation m order to provide consistent evaluation ~nformat~on Facd~ty database will be based on data - drawings and prewous reports - prowded by City of Denton HOK will prepare a table summarizing data on all lease and rental agreements concerning buddings and land, according to ~nformatmn prowded by the C~ty (Optmnal) If the City requests this additional serwce, HOK can manage conversion of exlsttng facd~ty drawings into CAD Demand Condition - Th~s task will beg~n with the C~ty gathering and conveying to HOK the most recent mformat~on relevant to staffing and fac~hty demand (growth forecasts, service area expanstons, programmed fatalities) HOK w~ll review prewous departmental master plan recommendatmns and other relevant prewous studies whmh might inform the development of the new "macro program" A queStmnnmre will be prepared to gather addltmnal data from departments, and intensive on-site ~nterv~ews/worksess~ons wall be held with department heads In Week 3 In Weeks 3-4, HOK wall prepare estimates of demand m terms of staffing and order of magmtude facility needs over the planning tzmeframe 0mmedlate 1-3 years, m~dterm 3-5 years, and long term 5-10 years ) Planning Gmdehnes - HOK w~ll test the findings from the data collection of the supply and demand teams agmnst industry best practices, planmng gmdehnes and standards, and currently avadable benchmark data to vahdate the mformatton synthesized Supply/Demand Analys~s and Synthesis - HOK wall analyze and sytheslze the growth forecasts, fatality needs and use understanding, comparison of supply and demand over time, and opportumt~es for shared use based on the coordination of department master plans HOK wall tdent~fy critical fac~hty needs, i e "hot spots" Duratton 7 Weeks Key Dehverables · Conditions Assessment Database · Macro Development Program 6 Prerequisites · Development of Assessment Evaluation Checkhst/Structure · Growth Forecast Information · Preexisting Departmental Master Plans · Bmld]ng Conditions Reports · Existing Drawings of City Facihtles lA Urgent Action Issues Goal Address identified issues needing urgent early action, specifically regarding decisions on potential land acqms]tlon and lease terminations coming up in the early months before study findings are complete Key Actimt]es The two key issues identified tn City briefings concern · Expansion of Service Center site - HOK will undertake focused early studies to guide the City's decision whether to option or purchase additional land adjacent to the Service Center Downtown Sites - The team's studies m the downtown area will be aimed at detenmmng if the City should continue to lease City Hall East space out, or if the City needs this space for its own expansion Duration 2 Weeks Key Dehverables · Recommendations on urgent land acqmsmon and lease demsions Prerequisites · Base reformation on downtown and Service Center sites IIA Service Delivery Principles Goal Identify service dehvery trends and impact on facdltles Set priorities to guide the development of macro scenarios Use a consistent and objective process to evaluate options leading to a recommended strategy and pohcy recommendations Key Activities HOK will lead/facthtate several workshops with Czty personnel to set the direction, test and evaluate concepts leading to a recommendation of Service Delivery Principles The workshops will be focused activities within the overall project process and am h]ghhghted below · Top Down Direction - HOK will facilitate a workshop to understand the management vision, setting parameters and criteria for evaluation, and sohmtatlon of concepts regarding service delivery, investment strategy, implementation strategy and cursory outhne of amenities · "Macro" Scenario Option Development - Based on the direction from the "Top Down Direction" meeting, HOK will identify "macro" level scenarios based on various growth strategies to consider service dehvery concepts Topms which could be addressed include centrahzation/decentrahzat~on, pubhc/pnvate opportumt]es, shared use opportumt]es, and potential concepts for satellite neighborhood centers Duration 3 5 Weeks Key Dehverables * Servme Delivery Concepts/Pnnclples Prerequtsttes · Approval of the Macro Level Program by Steering Committee and Ctty Councd, If required · Key Dectston Makers from the City must be available and partlctpate tn the workshops in order to meet the timeframe outlined m the schedule III Master Plan Development Goal To provtde geographic representation of servme overlays for estimated 2020 city limits ldenttficatlon of facthty priorities and estimated costs Determtne feaslbdlty of"Early Aqmsltton" Program for pubhc factlmes land Identtficatton of shared use or pubhc/prwate partnershtp opport~anltmS Generate options at the Functtonal Massing, Stte Concepts and specific Site/Braiding and evaluate leadtng to a Master Plan Recommendation Key.4cttvlttes HOK's previous expermnce with the City of Denton m preparing growth management scenarios offers valuable mstght in this phase of the Facthtles Master Plan The level of mtelhgence HOK has acquired relevant to the City's population forecast, market position, compc~stte opportunltmS, constraints map and growth scenarios provides value added expertise critical m the placement of sarvtces overlaid on potenttal development zones within the city This effort Is dlvtded rote two key phases with separate evaluatton and recommendations The Master Plan Option development is the first step followed by work at two scales Cltywlde Locatlonal Concepts/Pnnclples, and representative prototyplcal Site/Building Testing Master Plan Optton Development - The project team will validate the growth forecast developed m the "Macro Program" phase of this study to ensure accuracy of the development options Usmg the recommendattons from the Service Delivery Principles phase, HOK will develop phystcal responses to program criteria The followtng topics wdl be addressed in each magtar plan option - S~rvlce Dehvery Overlays - Land Aeqms~tlon Zones - Growth Models / Faethty Response -Netghborhood Center / Land Use - Facility Utlhzatton - Shared Used Opportumtles - Cost Review / Cash Flow · Cttywtde Loeaaonal Coneepts/Prinetples - HOK will test functional massing and site concept prmctples m response to the master plan options developed m the previous step Toptcs whtch wtll be addressed include ,--wMch functions should be centrahzed vs dispersed --whlch locattons are best suited for whtch uses --what facthtms mtght be shared among functions --how mtght tnformatlon technology open up different locatlonal opttons Due to the lterattve process of optton development and testing, this task should be conducted currently wtth the slte/bmlthng testing optton development · Stye/Building Tests - HOK wall test spectfic site and budding options m response to the "macro" scenarios developed in the prevtous step We anticipate that for the purpose of these 8 stte/bmldlng tests, special emphasis wtll be placed on certmn actiwty clusters, such as the downtown and sarvme center facilities, which account for the majority of space and key dnvmg issues such as --what is the optimal use for avmlable C~ty famhtms9 --what are the most cost-effective strategms to achieve best usage from existtng land and bmldmgs9 --are there any instances where it would be better to rebuild than renovate/expand9 Topics which will be addressed include clustenng of functions, floorplate/typmal floor s~zes, access/mrculatlon patterns, open space amemtms, code analysis, technology connectivity and infrastructure/braiding systems · Evaluation - Based on the criteria developed during the "Top Down Direction" meeting, HOK wall rank and weight criteria which wall be used to judge the opttons presented The results of the Master Plan Options evaluation will feed directly tnto the development of functional massing, site concepts and specific site/budding options · Recommendations - Using the cnterm set during the evaluation step, HOK will lead a work session to compare options developed resulting in a recommended direction for service dehvery and s~te/bmldmg concepts and prmmples Duration 8 weeks Key Dehverables · Master Plan Recommendation · Stte/ Budding Concepts and Principles Prerequtsttes · Approval of the Service Delivery Principles by Steering Committee and City Council, if required · Vahdatlon of growth forecasts II-B Design/Maintenance Standards Goal Develop performance criteria and workplace gmdehnes to ensure smooth translatton of programming reqmrements into architectural design Develop maintenance standards for all famlmes in the current and forecasted growth Key Act~wtles HOK will work with Cxty personnel to develop guideline statements regarding facility and maintenance standards for adaptive reuse of existing facilities and new construction · Faefi~tms Standards - HOK will revmw City of Denton current pohcms, gmdehnes and standards and modify if required based on the master plan recommendations and Denton Comprehensive Plan make pohcy recommendations for new construction and rehabflitat~on design standards Areas of cons~deratmn include S~te planmng gmdehnes Bmldmg criteria 9 Workplace gmdehnes - Telecommunications network · Maintenance Standards - HOK will review City of Denton current policies, guidelines and standards and make policy recommendations based on the master plan recommendations HOK will recommend standards in order to determine O&M costs, including how to allow for future cost inflation Areas of consideration include maintenance/operations standards, new construction guidelines and the incorporation of technology connectivity and how it will impact the facilities Duration 5 Weeks Key Deliverables Revision of existing standards (for areas of consideration as noted above) · Revised Facility Standards Policy Recommendations · Revised Maintenance Standards Policy Recommendations Prerequtsltes · Approval of the Service Delivery Principles by Steering Committee and City Council, if required Approval of the Master Plan options by Steering Committee IV Specific Recommendations 3-5 Year Plan Goal To create a development strategy to optimize the use of existing facilities, including adaptive reuse, generating a priority hst of improvements and associated order of magnitude cost estimate Key Actlwt~es HOK will work with key City personnel to develop a short-term strategy to optlmlze use of existing facilities, Including unimproved or unoccupied space Optimization Strategy Development - Based on the prioritized list of facilities developed duemg the Master Plan Recommendation phase of this study, HOK will develop specific facility recommendations for the short-term (3-5 year) plan for Public Safety, Field Services / Pubhc Works, Parks & Recreation Facilities, Library Services, Administration Offices & Operations · Evaluation - Based on the criteria developed during the "Top Down DlrecUon' meeting, HOK will rank and weight criteria which will be used to judge the options presented · Recommendations - Using the criteria set during the evaluation step, HOK will lead a worksesslon to compare options developed resulting in a recommended direction for service delivery and site/budding concepts and prmclples HOK will recommend cost estimating standards and guldehnes for future land and buildings 10 DuratiOn 6 Weeks Key Dehverables · Short-term Master Plan - Optimization Strategy Prerequisites · Approval of the Master Plan Recommendation by Steering Committee and City Council, if required V Specific Recommendations 5-10 Year Plan Goal To create a priority list of long-term facility needs and develop appropriate capital funding strategies to achieve the desired results Key,~cttvtttes HOK will work with key City personnel and our Real Estate Economist to develop a capital funding strategy for long-term facilities needs for the City of Denton · Capital Funding Strategy Development - Based on the prioritized hst of facihtms developed during the Master Plan Recommendation phase of this study, HOK will develop a capital funding strategy to provide facilities needs for the long-term (5-10 year) plan for - public Safety, - Field Services / Public Works, - Parks & Recreation Facilities, - Library Services, - Administration Offices & Operations HOK will collaborate with key City personnel, financial consultant and other appropriate HOK team members to develop strategies, evaluate to appropriateness leading to a rec~mmendation · Evaluation - Based on the criteria developed during the "Top Down Direction" meeting, HOK will rank and weight criteria which will be used to judge the options presented Recommendations - Using the criteria set during the evaluation step, HOK will lead a worksesslun to compare options developed resulting in a recommended direction for service del:~very and site/braiding concepts and principles HOK will recommend cost estimating standards and guidelines for future land and buildings Duration 6 Weeks Key Dehverables · Long-term Master Plan - Capital Funding Strategy Prerequisites · Approval of the Specific Facilities Recommendations 3-5 Year Plan by Steering Committee and City Council, ~f required IV-V MP Implementation/Phasing 11 Goal To create a schedule outhnmg actlwt~es to achieve the results outhned in the Specific Master Plan Recommendations considering a phased approach taking into account logistics and the cr~txcal path To develop an electromc tool that the C~ty of Denton w~ll utthze to momtor and track actxwt~es to achieve the desired results Key ~4ctlvltles HOK w~ll work with key City personnel to develop an ~mplementatlon schedule to achxeve the Comprehensive Master Plan strategxes · Schedule and Phasing Strategy Development - Based on the priority list generated during the Short-term Specific Factht~es Recommendation phase of this study, HOK w~ll develop an electromc tool that the City of Denton can take ownership of and update periodically Key elements of thxs strategy include - Logistics reqmred in adaptive reuse and new construction, - Crmcal Path for development and approval, - Schedule that is dynam~e and can be easdy updated, L~mlted multiple moves for groups wherever possible Duration 6 Weeks Key Dehverables Implementation Strategy Prerequtsttes · Approval of the Specific Facilities Recommendations 3-5 Year Plan by Steering Committee and City Council, If required · Approval of the Specific Faclht~es Recommendations 5-10 Year Plan by Steering Commtttee and City Council, ~f required Deliverables HOK w~ll provide the appropriate level of documentation reqmred for each phase of the project A general description of key dehverables Is included w~th the tasks above The format, level of detail and content of the dehverables to be prepared by HOK wdl be agreed upon ~n the Project Imtlatlon Phase of the study (Week 1) Milestone / City Council Approval Meetings We have included in our workplan m~lestone meetings with input and decision-making groups at the conclusion of each major stage of work (Week 13, 23, 31 and 38 as noted on workplan) Due to the nature of pubhc work, we are aware that approval from C~ty Councd Is imperative to the success in funding the masterplan strategies We have indicated in our schedule two appropriate points for this approval (at study midpoint and completion) 12 Fees by Phase HOK Cosultants D~rect Costs Total/Phase Project Imt~at~on $20,560 $2,332 $22,892 Phase I Condition Assessment/Macro Program $55,010 $9,200 $2,906 $67,116 Phase IA Urgent Action Issues $22,860 $3,000 $1,744 $27,604 Phase IIA Service Delivery Principles $26,750 $1,323 $28,073 Phase lib Design/Maintenance Standards $16,200 $1,591 $17,791 Phase III Master Development Plan $56,430 $22,800 $2,791 $82,021 Phase IV 3-5 Year Plan $53,640 $6,000 $3,182 $62,822 Phase V 5-10 Year Plan $23,790 $4,500 $1,632 $29,922 Phase IV&V Implementation/Phasing $21,660 $1,632 $23,292 Total $296,900 $45,500 $19,133 $361,533 ATTACHMENT 2 RFP# 2575 CITY OF DENTON REQUEST FOR PROPOSAL FOR FACILITIES MASTER PLAN FORECASTING PLANNING AND ARCHITECTUAL SERVICES RELATED TO COMPREHENSIVE FACILITIES MASTER PLAN AND IMPLEMENTATION INTRODUCTION The City of Denton lnwtes your firm to submit a proposal for providing a Facilities Master Plan for the City of Denton The process for selecting consultants vall involve a written response to this request for proposal, a further "short hstang" of finns for interviews, conducting the interviews, selection of firm(s), and contract negotiations Consultants may want to partner with another finn m order to provide a qualxty product Questions regarding the project or the consultant selection process should be referred to Primary Contacts Bruce Henlngton Dave Hill Director of Facihties Assistant City Manager - Management Development Services (940) 349-7200 (940) 349-8307 OVERVIEW The City of Denton is an hmtone, full-service community, with a population of about 80,000, located mlrapldly growing Denton County on the fringe of the Dallas-Ft Worth metroplex The City is developing a Comprehensive Facilities Master Plan to guide its developmem for the next twenty years, with a focus on the next ten years The geographic scope of the plan has been tentatively set as the current city boundaries, plus a 5-mile extraterritorial junsd~ctlon (in antlclpat~0n of the City of Denton population level exceeding 100,000 within the 20-year time horizon of the plan) PRE-PROPOSAL MEETING A pre-proposal meeting will be held on Wednesday, October 4, 2000, at 10.00 a.m., in the Purchasing Department at the City of Denton Service Center, 901-B Texas Street, Denton, Texas. The meeting will provide a forum to address questions 16 NATUREI OF CONTRACT The contract may eontmn language that sets up certmn tasks to be Phase II tasks such that they are part of a subsequent contract amendment that depends on the successful eompletmn of Phase I tasks Tla~s contract may be helpful to the C~ty to allow budgeting for the project m multaple fiscal year~ The selected consultant wall be asked during the contract negotmt~on phase to prepare a cost proposal that outhnes the requested fee amount for each task PROPOSAL The proposal wall help Denton to select a firm that can best satisfy Denton's particular needs Contentsi Each proposal shall address at least the areas ~dentffied below Additional areas may be addressed · Table of Contents · S~ope of Work Dtscuss how your firm would perform the servaces Include a proposed schedule of tasks to be performed and show when these tasks would be performed relative to the overall project schedule Also anclude any suggested coord~nataon procedures or concerns your firm has about the contract Farms are encouraged to suggest changes in the Scope of Work or all items · P~oject Team: Provade the name and quahficatlons of the pnnclpal an charge, project manager(s) who will be asstgned to the project ~fthe firm as selected, and key member of the project team Include their pos~t~on wath the company, locataon ofthear office, role on the project, and related experience, etc · Snbcontraetor: If the firm intends to utilize a subcontractor, please ~dentffy the work to be aceomphshed, the length of prewous professaonal relationship between the part,es, their relevant project experaence, nature of work on thas project that they would be performing and the personnel who will be workang on the project · EXperience: Provide a hst of projects for whmh the firm provaded archatectural or plhnmng serwces that are similar m nature to the types of servmes (a total Comprehensave Facflmes Master Plan) being sought by the C~ty of Denton Include name of chent, type of service prowded, and a reference person and telephone number, date of project completion, data on whether project was completed on time, and nature of any public partlc~pat~on by the consultant, ff any on that project · Appendix: Any addat~onal mformataon shall be ancluded an thas section 17 SUBMITTAL Ten cop~es of the proposal shall be addressed and delivered to Tom Shaw Purchasing Agent 901-A Texas Street Denton, TX 76201 no later than 3:00 p.m. on Thursday, November 2, 2000. Proposals shall be placed in a large sealed dewce clearly ~nd~catlng whether the firm is submitting for the Facilities Master Plan SELECTIONS The C~ty of Denton will form a Selectton Committee to analyze each proposal submitted to make a "short bst' of firms to receive an Invitation to Interview Selection cnterm used to rate the firm's proposal are described below · Approprmteness of Work Plan (50%) · Related ProJect Experience-relative to the needs of Denton (15%) · Comprehensiveness and size of other projects (4%) · Adequacles of resources-to complete the project successfully (4%) · Staff-Prlnc~palqn Charge and ProJect Manager's expertise (15%) · Appropriateness of schedule and abdlty to deliver services on time (4%) · References (4%) · Suggestion changes and/or improvements m the Scope of Work (4%) FINAL SELECTION PROCESS AND PROJECT SCHEDULE The schedule for the consultant select~on process is as follows City sends RFP to firms Monday, September 25, 2000 Pre-Proposal meeting (not mandatory) Wednesday, October 4, 2000 D~adhne for subm~ttmg proposals Thursday, November 2, 2000 Interviews of consultants Week of December 4 -8, 2000 Seieet~on of consultant(s) On or before December 22, 2000 Contract Approval Mid - January, 2001 ProJect Start Date February 1, 2001 The Cxty of Denton reserves the right to rewse this schedule as condltmns warrant 18 PROJECT COMPLETION SCHEDULE Consultants should submit a recommended project schedule extending no further than October, 2001 CONSULTING SERVICES SOUGHT The City seeks professional architectural, planmng and/or englneenng services to assist the City as ~ndlcated in the Scope of Work Interested firms are encouraged to assemble project teams that can address both long-term planning issues and shorter-term project Issues Separate consulting firms may team up to develop a proposal ehg~ble for consideration SCOPE OF WORK The project proposal should address, at mxmmum, the work elements Identified in the outhne provided below The outline is a draft intended to convey the issues consadered by c~ty staff to be significant to address faclhty needs properly Each respondent xs encouraged, however, to modify or reorganize the outl,ne, based on the firm's experience and expemse in facflxtles planmng and programming, an order to improve the contents and value of the final product 1 ObJectives a Antaclpate facfl~tles needs for next 20 years, w~th focus on next 10 years b Determine facility needs priorities based upon anticipated growth c Identify service dehvery trends and impact on facilities needs d Determine feasibility of"Early Acquisition" Program for pubhc faclhtles land e Develop facilities construction quahty and maintenance standards ~ Develop internal design review process for all c~ty facilities f Develop strategy that coordinates facilities programming, land acquisition, construction, and mmntenance oversight responsiblhtles 2 Phase I: Existing Conditions / Inventory a Inventory of all city-owned properties b Inventory and assessment of condition of all city-owned structures & improvements c Inventory of programmed but not yet constructed facilities d Identffication of role / treatment of DME in the master plan e Summary of relevant Denton Plan & city master plans as related to faclhtles Population Growth ProJections u Expansion of Service Areas m Master Plan recommendations 3. Phase II: Development of Service Delivery Principles a Using Field Services Committee input, ~nterv~ews, Denton Plan / master plans, and other mformat~on, make pohcy recommendations regarding 19 Centrahzatlon vs Decentralization n Public / Private Partnershtp Opportunmes Shared Use Opportumtles Interdepartmental& Multi-Jurisdictional Neighborhood Center / Land Use Compatiblhty Principles v Review and revise as necessary mlnlmmn space standards for offices, working spaces, conference rooms, equipment and vehicle storage vi Develop standards for technologic connectivity and ~nfrastructure needs Develop design standards for facilities (structure & s~te elements) to apply for new construction and rehab~htat~on yin Develop maintenance standards for all faclht~es 4 Phase III: Master Plan Recommendations a Geographm representation of service area overlays for estimated 2020 city hm~ts b Identffieat~on of facday priorities & cremated costs c Identtficatlon of Early Land Acqmsmon Program "zones", ~fapphcable, intended to support new fatalities within g~ven t~me frames d Identfficatlon of shared use or public/private parmersh~p opporttm~t~es 5 Phase IV: Specific Faclhtles Recommendations: 3-5 years a Develop short-term strategy to optimize use of cresting faelht~es, ~nclud~ng ummproved or unoccupied space for Pubhc Safety n F~eld Servmes / Pubhc Works Parks & Recreation faclhtles iv Library Services v Admlmstrative Offices & Operations 6 Phase V: Specffic Facd~t~es Recommendations' 5-10 years a Develop capital funding strategy for longer-term famht~es needs to support Pubhc Safety n Field Services / Public Works Parks & Recreation facdltles Library Services v Admlmstratlve Offices & Operations 20 Agenda Item -'~ ,~ t AGENDA INFORMATION SHEET AGENDA DATE. January 23, 2001 DEPARTMENT. Parks and Recreation /~ ACM Dave Hdl, 349-8314 SUBJECT Receive a report, hold a discussion and give staff direction regarding the draft scope of work for the City of Denton Open Space Master Plan BACKGROUND Dunng several meetings in 2000, staff discussed with the City Council various issues and possible approaches for meeting the City's open space objectives Specifically, Council Members concurred with a staff recommendation at the June 27, 2000 work session to draft an open space master plan to guide open space preservation and conservation efforts As a result of these discussions, funds were included in the annual budget for FY 2000-01 to draft the plan We have worked with John Fregonese of Fregonese Calthorpe Associates, the City's consultant for the new development code, to prepare a scope of services for the open space master plan (Exhibit A) John will be at the work session to brief the Council and respond to your questions regarding the scope of services Fregonese Calthorpe Associates was selected based upon qualifications, knowledge of Denton, and thorough understanding of the Denton Plan gained through his involvement in the Denton Development Code project As indicated in the Denton Plan, the use of open space for recreational use, to preserve environmental resources, or to serve as a buffer between land uses is referenced frequently Community support for the use of open space to preserve Denton's character was clearly indicated dunng Denton Plan public meeting and heanngs The open space master plan is intended to guide implementation efforts regarding th~ location and use of open space in Denton, and to develop an open space acquisition strategy Staff is prepared to draft a consultant contract with Fregonese Calthnrpe Associates to complete the open space master plan OPTIONS The City Council may direct the staff to prepare a consultant contract under the proposed or modified scope of work, or instruct staff to terminate d~scusslons regarding the plan RECOMMENDATION Direct staff to negotiate a consultant sermces contract w~th Fregonese Calthorpe to prepare an open spacq master plan based on the proposed scope of work ESTIMATED SCHEDULE OF PROJECT Work coul~l begin in March 2001 on the open space database (Task 1 of the proposed scope) and should be completed by December 2001 PRIOR ACTION/REVIEW While thlsl subject has been d~scussed ~n prior meetings, flus is the C~ty Council's first rewew of the proposed scope of services FISCAL INFORMATION Ftmdlng for the open space master plan has been ~ncluded ~n the current fiscal year budget EXHIBITS Exhibit A---Proposed scope of work Respectfully submitted F ~admm\C~ty Coun¢fl\Opan Space Mas'~or Plan Info Shoat 1-23 01 doc EXHIBIT A Draft Scope o£ Work City of Denton Open Space Master Plan January 23, 2001 Introduction The Denton Comprehensive Plan envisions an extensive system of open spaces for recreation, wfldhfe enhancement, and fiood control Some of these open spaces can be protected through the land use regulations now being adopted by the Denton City Council Some, however, need additional ,methods to be used for acquisition As with any project that involves the expenditure of funds or the acqulsmon of property, a strong pubhc lnvolvemant program is essential This scope of work outlines a relatively qmck process, based on other successful models, to develop a hst of potential open spaces, and the means whereby they may be protected or acquired These systems have been based on a willing seller commitment, and provide for many means for protection, from outright acquisition to conservation easements to transfer of development rights Denton County has expressed an interest in collaborating with the City in protecting lands within the ETJ This scope of work takes the County's participation into account TASK 1 Establish Open Space Database This task is to establish the umverse of opan and vacant lands that would mlmmally qualify as open space for any reason Tfus would form the basis for the development of the final plan This database would be developed from the Denton GIS system, modified and supplemented with vinous new data and recent aerial photography TASK 2' Identify open space evaluation factors An evaluation method would be developed that would evaluate, with several criteria, the value of each open space area The evaluation system could include factors such as Areas with streams Tree Canopy Wildlife Values Cultural/h~stoncal values Accesslblhty to ex~stmg population Accesslbihty to future populatwn Connectivity to other open space Wildlife Comdors Meets future park needs (Recreation) These factors would be expressed m a GIS database and could be mapped, as well as used for further pnontlzatlon Task 3 Open Space Threat Assessment The next task as to develop a threat assessment of open space This would be based on looking at current zonmg and the chances that development would preserve or threaten open space, and development trends, that would andmate the taming of any threat Task 4. Neighborhood Workshops Thas task as to take thas anformataon to the neighborhoods in Denton and conduct hands-on workshops an the neaghborhoods Using high qualaty maps of the area, these workshops would revolve neaghbors an revlewang the value and threat assessment, and provadlng for thear mput on their assessment of the values of various open spaces that exist We then would engage them m a pnontizatlon scheme, allowing them to set a priority when the have to make tradcoffs Task 5 Establish implementation strategies This would be a review with the Denton City staff of the vinous tools available for reservation, and the steps for amplementatmn of an open space plan Such strategies could include Transfer of Development rights Conservation easement purchase Land trust donations Fee Sample purchase City park funds Cay drainage funds Open Space bonds funded by property tax Dedicated sales tax Strategies mvolwng Denton County and other ent~tles Task 6 Estabhsh priority list This next task as to develop a draft priority last We advocate an developing a target area, with many more parcels than are intended for purchase, and a target acreage, which is the amount intended for purchase or protection Then the City has many options, and is not in the positron of reversely condemmng a partmular property Each target area would 4 Identify ehglble parcels Identify preferred preservation method Identify target acreages in each target area Task 7 Develop plan The final step is to develop a final draft of the plan, documenting all steps and including a newsletter and wdeo for presentations Several Neighborhood Open Houses would be ~ncluded Task 8 Plan adopuon The consultant would part~mpate ~n the plan adoption as needed F ~admln\Opetl Space Master Plan 2001\Rewsed scope of work 1 24 01 doc 5 ~gei~da Item, --~ AGENDA INFORMATION SHEET AGENDA DATE: January 23, 2001 DEPARTMENT' Planning & Development ~partment CM/DCM/ACM: David Hall, 349-8314.~-A SUBJECT: Receive a,report, hold a discussion and give staff direction regarding the draft scope of work for the City of Denton Downtown Master Plan BACKGROUND: At the june 27, 2000 City Council work session, staff was directed to pursue the development of a Downtown Master Plan As a result, funding was reserved m the approved annual budget for the completion of the Downtown Master Plan during fiscal year 2000-01 The goal of the plan was to follow up on the work being completed for the new Development Code and to implement a major objective of the Denton Plan The firm of Fregonese Calthorpe Associates has prepared a scope of services for the plan (Attachment 1) Fregonese Calthorpe Associates was selected based upon quahfieatlons, knowledge of Denton ginned through has involvement in the Denton Development Code project, and because the Development Code will affect the downtown significantly John Fregonese wll attend the January 23ra work session to brief City Council and respond to questions regarding the scope of services Pending Council comments, staff will prepare a contract for the project to be approved during a regular meeting in February 2001 Since the project as a master plan, the scope of work as expected to be consistent with the Denton Plan The master plan as intended to provide implementation guidance for downtown revitalization, redevelopment, historic preservation, and public improvements The Denton Plan identifies the Downtown as the heart of the city, recognizing its h~stonc role and central funcUon as the place that g~ves Denton it's unique identity OPTIONS: The City Council may direct the staff to prepare a consultant contract under the proposed or modified scope of work, or instruct staff to terminate &scuss~ons regarding the plan RECOMMENDATION: Staff recommends preparation of a consultant services contract w~th Fregonese Calthorpe Associates to prepare a Downtown Master Plan, based on the proposed scope of work The contract would be presented to Council during a regular meeting as part of the consent agenda, on either February 20th or March 6th ESTIMATED SCHEDULE OF PROJECT: Work could begin ~n March 2001 on the open space database (Task 1 of the proposed scope) and should be completed by December 2001 PRIOR ACTION/REVIEW' While th~s subject has been dxscussed in prior meetings, this is the C~ty Council's first rewew of the proposed scope of serwces FISCAL INFORMATION Funthng for the open space plan were ~ncluded xn the current fiscal year budget ATTACHMENTS: 1 Proposed scope of work Respectfully submitted Douglas S Powell, AICP Director of Planning and Development 2 ATTACHMENT i nese rpe ASSOCIATES Budget & Scope of Work Denton City Downtown Master Plan Introduction Denton's downtown Is both the historic center and the location of the best redevelopment potential m North Texas Denton offers a home town feel, closeness to the cultural and educational facdmes of the City, and the only opportunity for an urban hfestyle m the Denton area Because xt Is a historic city center, it contains a charm and feel that ~s ~mpossibleto reproduce m newly developed mixed use v,llages As demographics and hving preferences change, Denton's core can take advantage of these trends and opportunmes However, a comprehensivestrategy is needed to coordinate the aetiwtles of the pubhc sector and private businesses and investors This will look at market trends, and assess what the development potentiahs in Downtown Denton A development strategy wdl be developed, targeting likely and desirable investment m the Downtown area Obstacles and opportumt,eswdl be identified A detmleddesign plan wdl be developedthat wdl guxde the pubhc investments, and specific guidelines for the private sector development w,ll be created A Capital Improvement Strategy wdl be developed, ~nclud~ng sources of income lndudmga number of sources Finally, a pubhc ~nvolvement strategy wdl be employed that wdl provide for,nput from the downtowncommumty and the Denton commun,ty at large Task ~: Market Assessment for Downtown Denton Market Potential. A leading Economics firm will exam~nethe dynamms of growthin the Dallas,Fort Worth Metroplex, and explore ways that it can be captured ~n appropriate ways As h~gh technology ,ndustnes continue to grow, the Denton area may be posmoned to sbaft from be,ng a "spdlover location" for manu£actunng and warehousing acuv,ues,to being a preferred location for high-pay~ng off, ce space As software design and lnternet related compan,es grow, these firms, which have virtually no manufactunngcomponent, wlll feel addedlpressures to find space that Is both avmlable and affordable Quality o£ life Is becoming the biggest factor in most corporate location decisions This strength will be key to addressing both "market driven" and design issues relating to the downtown Urban style housing has also been shown to be a growing and underserved sector, and Denton provides one of the few s~tes ~n the area that could prowde housing with adow~townflavor Th~sshouldalsobeconsideredmthecontextoftheCBD F~nally, the urbane wtahty of downtowns ~s not only important for drawing commumty members together, but is also an important reason for many bus~ness locations Consequently, retail and entertmnment uses wall also be examined Work,ng w,th a local real estate economist, we will determine what the market potential for development m downtown Denton Recent developments, absorption and vacancy rates, leasing and rental rates, and other ,nd~cators of economic act,vity will be chromcled Fregonsse Calthorpe Associates 1 Denton Downtown Plan Scope of Work August 4, 2000 Budgct $12,500 gehverables Market analys,s for downtown Current lease, rental, and absorpuon rate Potentml market demand for off, ce, retail, housing, and potential barners to the,r development Task 2: Parkmg~ Transportation and Redevelopment Analysis This task ,s to update the current Redevelopment model w,th complete assessor's data, and update the assumpuons for redevelopment with the mformauon gleaned from the market assessment m Task 1 The redevelopment model calculates the potential feas,b,hty of develdpment of parcels In addmon, we will, w,th the ass,stance of the Denton Planning Department, evaluate ex,sung conditions with regard to parking usage and development or redevelopment opportunities m the Downtown area In th,s task, the consukant will assemble a two-part spreadsheet model that shows the interaction between the ex,sung land and bml&ng values ,n the area, and the effect of zon,ng codes on redevelopment potent,al (note th~s bmlds on the redevelopment analysis conducted m the Denton Development Code prolect) In addmon, we wllhnclude the module that calculates parl~ng demand based on time of day demand, and shows the advantages of shared parking and m~xed-use areas Current transportat,on usage will also be inventoried, and we will work w,th the Denton Transportauon staff to develop an assessment model for determining the needs of future transportatmn faolmes based on the plan These models (redevelopment, parking, and transportat,on) will be used for analys,s throughout the prolect A complete redevelopment and parlung demand model requires an accurate inventory of current use, bu,ldmg square footage, assessedvalue, lease and rental rates, and constructmn COSTS 2 Parking and Transportation and Redeoelopment Analys~s Budget $13,200 Deliverables Downtown parking demand analys,s Park,og Demand Model Redevelopment Opportumtxes Model Redevelopment Opportumnes Map Bmld4ut Summary Current transportauon assessment Future Transportation modeling methodology Task 3: Street Design. Fregonese Celthorpo Associates 2 Denton Downtown Plan Scope of Work August 4, 2000 The design of pubhc infrastructure wdl also play an ~mportant role Furthermore, most street-facing uses can only be expected d on-street parking is provided, and fast-movmg roads &scourage pedestrian movement and actavity Several of the area's arterial streets may have excess capacity and travel lanes that can be converted to on-street parking We will work with staff to determine the extent to which existing streets can be redesigned to balance the needs of all modes, and Fregonese Calthorpe Assocmtes will collaborate wnh engineers to design attractive streetscapes that will attract appropriate forms of new development and establish a &stmct adentlty for Denton Streetscape design Plan Budget $3,700 Deliverables Ideal streetscape designs for typical downtown streets Streetscapes applied to spectfic areas of the downtown, modified as necessary Task 4: Workshop to develop a Plan 4A Workshop Budget $11,500 In a workshop format, stakeholderswfll have the opportumtyto review approximately 100 slides dep~cting a range of mid to high-density hous,ng rating each image on a scale of 0 to + 10 depending on how much they like or dislike the image Scores will be tallied and then the group wdl review the images with the h~ghest posmve and neganve raungs D~scusslon will be facilitated to determine what particular design elements led to positive or negative ratings The result will be a catalog of preferred design features to be included in design gmdehnes for proposed prolects in the Downtown area 4B Refine Preferred Plan Budget $4,500 The maps produced by the workshop groups will be summarized and recurrent themes and development patterns wdl be used to create a draft preferred village plan Staff, the ad-hoc committee and the consukant will refine the village plan based on the prevxous parking, transportauon and redevelopment analysis The rehnedplan wdl be analyzedto determ,ne what types of zomng changes will be necessaryto accompllshthe proposed densxty and use- mix This will be done xn a two day workshop, with the concepts and designs rev,ewed one day, the design created the next, and reviewed with the pamclpants the next night Deliverables Newsletter advertisxng workshop Organize and attend Denton workshop (2 days) Catalog of preferred design features Fregonese Calthorpe Associates 3 Denton Downtown Plan Scope of Work August4, 2000 Memo about preferred des,gn features, necessary code changes Draft downtown des, gn plan Task S: Implementation 5A Draft Downtown Design and Development Plan Using the redevelopmentmodel and the proposed development intensities that were discussed m the workshop, we will produce a development plan, with site specific improvements m street cross sections, public open space and plazas, and building footprints This plan will be based on a 20 year buddout based on realistic assessment of market cond~.tions and redevelopment potential Budget $12,000 5B Draft Design Standards Draft actual code language and design standards These standards would use the new Denton Development Code as a basis, and would focus on design needs for the Downtown Workshops with a task force and presentations to Planning Commission, Council, and interested community groups would be to review the draft Site Design Standards We will produce four before and after illustrations of key sites in Downtown, the before picture will be a digital panorama photograph,the after image will be a water color based on the envisioned development strategy A draft Downtown Design and Review section of the Denton code would be produced, and supplaed to the Planning Department in digital form, including illustrations Budget $2,000 5C. Parking. As the Downtown intensifies, comprehensive strategies for parking become lncreasmglylmportant Shared parking, on-street parking and mumclpal structures are among the strategies that will be incorporated into the Plan We wdl use our shared parking model and an inventory of on street and off street parking to produce a parking strategy that is based on the development plan produced in 5A Budget $5,600 SD Transportatxon and Transm Working with the Denton staff, we will identify likely improvements m roads, and in transit service that would be necessary to support the proposed development design plan Budget $3,500 Fregonese Cs/thorpe Associates 4 Denton Downtown Plan Scope of Work August 4, 2000 Implernentatzon (Implementatlonstrategy Key public investments, expected results and benchmarks) A draft Master Plan document will be prepared that summarizes the results of the process, and expla,ns the recommendatmns This would include a draft strategic plan for development implementation of the plan that contains the following Strategic ,nfrastructure investments, Public-private partnerships, Regulations for design and other public goals, such as affordable housing, Other strategies as appropriate Funding Methods We will work with staff to identify a proposed capital improvements budget, and fun&ng methods, mcluchng tax increment financing, local improvement &stncts and other methods of developing the funds for ~mprovements Budget $11,000 5F Commumcation A newsletter designed for w,de publicdistnbntionwfll also be producedto briefly explains both process and recommendations to ,nterested community members Powerpoint presentauonsw,ll be produced and made available on video The plan will be produced and printed with color, to be dsstnbnted to interested stakeholders and members of the public Del,verables Downtown des,gn plan Downtown Design Standards Downtown parking management study Downtown transportation and transit assessment Four before and after images F~nallReport including Implementation Strategic Plan Public Newsletter FlnallDowntown Plan Document Budget $5,500 Develop Pilot Prolect As a pilot project, a partnership w,th a downtown property owner would be forged to develop a demonstrauon project that explores the feasibility of key components of the Denton Plan Poss,ble pro/ects would be a mixed use building that brings neighborhood services and hous,ng to the Downtown, a hotel or entertainment use, a mixed use off, ce and retadl building, a ma/or retail tenant, or other keystone downtown prolects that would enhaase the downtown env, ronment The subtasks in this task would be Develop a set of criteria for a partnership Develop a set of criteria for a downtown project Fregonsse Calthorpa Associates 5 Denton Downtown Plan Scope of Work August 4, 2000 Develop a set of ancenttves that may be made available for a pdot project Ass~stlthe Caty an recrmtmgmterv:ewmg,negottatmg, and selecting a private sector partner and project Assast tn desagn revaew and zomng approval for the project Budget $12,500 (Note Thas would be contangent on the clrcumstancesex~stmgthat would lead to a project, most importantly, a wdlmg and able private sector partner ) Adoption Process: An estamate of the tame to adopt the document and ars implementation strategaes with the Denton City Council Budget $14,500 Total $112,000 Fregonese Calthorpe Associates (~ Denton Downtown Plan Scope of Work August 4, 2000 AGENDA INFORMATION SHEET AGENDA DATE. January 23, 2001 DEPARTMENT: Planning & Development ~partment CM/DCM/ACM' David Hill, 349-8314 SUBJECT Receive a, report, hold a d~scusslon, and give staff direction regarding a summary of public comments received in response to meetings and open houses held for the review of the City of Denton Draft Development Code pro.~eet BACKGROUND Introduqtmn Th~s report is intended to serve as an update to the Council regarding the status of the Development Code Process and to report the comments and requests received from the public during the commumty review process Additionally this report vall update the Council regarding the outstanding issues Comments and Requests During the recent pubhe review process, six cltywlde open house meetings and five nelghborl~ood meetangs were held The open house meetings were set up with a computer based slide show, exhibits of maps and other information, a GIS mapping computer which allowed staff to print maps for the pubhe, and staffed so that individuals could speak d~rectly to a planner about the Icode and any issues they had The neighborhood meetings were set up with a formal presentation and a questaon and answer format · Approxlmately 193 people attended the pubhc review meetings in November and December and twice as many people took advantage of our weekday Planning D~partment open houses · Over 250 requests for information, code comments, and requests for a change in zoning have been received · A majority of the requests and comments regard zoning map issues · A minority of the requests and comments regard development code text issues The attached report from the database of comments contains all the comment forms that will require action from the C~ty Council Staff has provided the Council with a book of maps with a cover page of the city that contains a grid with map reference numbers The database page includes tbas reference number so that the Council can locate the area m question The database page also includes the comments and requests plus optaons and staff reconunendataons concermng the data entry The database as organazed by grad numbers referencing the city map book The database as provaded as Attachment 1 and the map book as provaded as Attachment 2 New comments wall be also forwarded to Councal as they are receaved Staff has been meeting weekly wath a sub-Commattee of the Chamber of Commerce to mvaew the code and receave comments (Attachment 3) These meetangs should be completed an February The meetings w~th the Chamber Committee have been helpful and constructave, and several staff-anpported revasaon recommendataons wall be provaded when thas process is completed A presentataon summarazangthe Draft Development Code was made to the caty's Pubhc Utflmes Board (PUB) on January 8t~ Any comments receaved by PUB members wall be forwarded to Council when receaved Councal Outstanding Issues Prior to release of the Development Code to the pubhc, the Cotmcfl instructed staff to issue a statement ~sheet from the Council to the pubhc regarding flagged assues for further revaew At each meeting, the pamclpants were given a handout that lasted the assues and were asked to comment To date, only two comment forms have been receaved an wnUng regarding these issues (Attachment 4) The flagged assues are Should the development code 1 Contmn requirements that require baeycle parking racks for commercial development9 2 Contain reqmrements that protect andivadual trees? 3 Count town.houses (attached housang that are for sale umts on lndavadual lots) as sangle- family m the housing mix? 4 Expand the sate desagn standards that are proposed to apply only to lots less than 10,000 square feet to all single-family lots? 5 Change the housing target ratio of 60 40 multa-family to sangle-famfly max to 70 30 (current existing max as 51 49)? 6 Contain reqmrements to protect upland habatats9 Council District 3 Issues Councal Member Cochran has sent several conunents to staff regardang mappang issues an Distract 3, and on January 16, 2001, Mr Cochran requested that Zoning Map revasaons bc considered by a vote of Council (Attachment 5) The umque assue that has been raased by Councal Member Cochran relates to the method of adequately protectang emstang sangle-famfly neighborhoods w~thm the Plan and the Downtown Umversaty Core Distract (DUCD) The current draft of the Development Code establashes the Downtown Resadentaal One (DR-l) district as the most restractave zomng chstnct wltlUn the DUCD The assue is that thas dastnct as not exclusavely sangle-famfly but allows for some commercml, office and multa-famfly uses Staff agrees that solut;on should be crafted to protect the emst~ng neighborhood areas w~th~n the DUCD Council Member Coehran believes that these neighborhoods should be taken out of the DUCD and placed m the Emstmg Neighborhoods / Infill Compatlbthty District by amending the Denton Plan The subsequent zoning for the area then could be assigned a designat~on w~thtn the Neighborhood Residential Three (NR-3) thstnct designation that would better protect the ne~ghborh0ods Removang these neighborhoods from the DUCD raises a policy ~ssue that merits Council d~scuss~on Staff agrees that changes should be made to preserve single-family neighborhoods The issue is whether or not amend the Denton Plan or rewse proposed zoning w~thm the DUCD The DUCD ~s a reflection of the three large actlwty centers, the downtown and two umversmes, and the aleas that link those centers It is defined as a functionally integrated character area rather than as a defined land use, and the fact that the DUCD contmns s~ngle-famfly neighborhoods m not necessarily contradictory The proposed zomng within the DUCD can be changed to protect residantml neighborhoods w~thout amending the Denton Plan It ~s appropriate that the DUCD have exclusively single-family areas, changes to the DR-1 district could provide protection to those areas and also acknowledge that they are ~nexorably linked to the Downtown, Umverslty of North Texas and Texas Woman's Umverslty The opportunity to reeogmze the functional relationships and develop specffic action targeted to benefit both resldentaal and nonresidential areas remains intact ff the DUCD remains intact A final issue related to DUCD residential protectton ~s that of areas just outside DUCD boundaries Staff acknowledges that the proposed zoning of some properties may be necessary to hm~t residential densities where concentrations of single-family development warrant such changes PRIOR ACTION / REVIEW The process, poh¢~es, goal and strategies related to the Development Code have received revtew at the Development Code Committee, Planmng and Zomng Commission and C~ty Cotmcd Informal pubhe review is concluded and the formal pubhe hearing process is beginning ESTIMATED PROJECT SCHEDULE. The project schedule as drafted anticipates adoption of the Development Code by March, 2001 The following ~s a schedule of upcoming meetings January 24th, 2001 Planning & Zoning Commission Pubhc Hearing #1 February 17th, 2001 Planmng & Zomng Commission Special Called - Pubhc Heanng #2 February 19th, 2001 C~ty Council All Day Work Session w/staff FebruarY20th, 2001 City Council Pubhc Heanng #1 March 6t~, 2001 City Council Public Heanng #2 & Adoption FISCAL INFORMATION In August of 1999, the city contracted with Fregonese Calthorpe Associates for $262,575 to ~nclude services related to the new development code Staff resources dedacated to this project are estimated to exceed $250,000 OPTIONS An all-day February 9th workshop was proposed ~n a schedule shown to Council m fall 2000 The workshop was intended to fall between the date of the 2na Planmng & Zomng Commission pubhc heanng and the 1st City Council pubhc hearing Staff would appreciate knowing if Council still wants to hold thas workshop Any other comments or d~rectlons regarding the public hearing process RECOMMENDATION Staff recommends continued pursuit of the review process for the Draft Development Code as scheduled, Public comments during the public heanngs will be helpful to determine ff adjustmems m the schedule should be made ATTACHMENTS: 1 Draft Development Code Comment Summary 2 Chamber of Commerce Comments 3 Council Issues Responses 4 Council Member Cochran Documents Respectfully subuntted Douglas S Powell, AICP Director of Planning and Development Development Code Comments Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved E-mall Jay Anthony Anthony Properties 11 / 10/00 12770 Colt Road Ste 1170 (972) 991-4484 Dallas TX 75251 81re Address Bonne Brae A56T6A Existing Zoning Comp Plon Designation Neighborhood Centers New Zoning NCR-6 Comment W~y NCR-6? 2 Jay Anthony Anthony Properties 11/10/00 12770 Cott Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Addrees Bonnie Brae A400T1A Existing Zoning Comp Plan Designation Neighborhood Canters New Zoning NCR 6 Comment Why NCR-6? 3 Jay Anthony Anthony Properties 11/10/00 12770 Cmt Road Ste 1170 (972) 991 4484 Dallas TX 7525 l Site Address 1316 Cordell Exletlng Zoning MF-1 Comp Plan Designation Ex~stmg Nmghborhood New Zoning NRMU 12 Comment Is a 4-plex possible? 4 Jay Anthony Anthony Prope~es 11/10/00 12770 Cmt Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Addre88 203 Goodson Way Existing Zoning A Comp Plan Designation Ex~st~ng Neighborhood New Zoning NR-4 Comment Why NR.4 Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 1 of 67 6. Ref # First name Last name Home Phone Company Name Date Addraaa Office Phone Reclsvad E-mall 5 Jay Anthony Anthony Propertlas I 1/l 0/00 12770 Cott Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Addreaa 205 Goodson Way Existing Zoning A Comp Plan Dealgnotlon Exlstlng Neighborhood New Zoning NR 4 Comment Why NR-4 6 Jay Anthony Anthony Propertms 11/10/00 12770 Colt Road Ste 1170 (972) 991-4484 Dallas TX 75251 81te Address 206 Goodson Way Exlatlng Zoning A Comp Plan Daelgnstlon Ex~stmg Neighborhood Nsw Zoning NR-4 Comment Why NR-4 7 Jay Anthony Anthony Propertms 11/10/00 12770 Cmt Road Ste 1170 (972) 991 4484 Dallas TX 75251 Elte Addresa 207 Goodson Way Exlatlng Zoning A Comp Plan Daalgnatlon ExIsting Nelghborhoad New Zoning NR-4 Comment Why NR4 8 Jay Anthony Anthony Properties 11 / 10/00 12770 Cmt Road Ste 1170 (972) 991-4484 Dallas TX 75251 81re ~ldr~s 208 Goodson Way Existing Zoning A Oomp Plan Dulgnatlon Ex~st~ng Neighborhood Naw Zoning NR-4 Comment Why NR-4 Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-rsferenced with originals on file with the Planning and Development Department January 17, :2001 Page 2 of 67 7 Ref # First name Lsst name Home Phone Company Name Date Address , Office Phone Recleved E-mall 9 Jay Anthony Anthony Propext]es 11 / 10/00 12770 Cmt Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Address 212 Goodson Way Existing Zoning A Comp Plan DsslgnMIon Existing Neighborhood Haw Zoning NR-4 Commant Why NR-4 10 Jay Anthony Anthony Properties 11/l 0/00 12770 Cmt Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Address 213 Goodson Way Existing Zoning A Comp Plan Dsslgnetlon Ex~stmg Neighborhood New Zoning NR-4 Commant Why NR-4 11 Jay Anthony Anthony Propemes 11/10/00 12770 Colt Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Address 214 Goodson Way Existing Zoning A Comp Plln Dssigceflon Existing Neighborhood Naw Zoning NR 4 Comment Why N~-4 12 Jay Anthony Anthony Propertms 11/10/00 12770 Cott Road Ste 1170 (972) 991-4484 Dallas TX 75251 81te Address 215 Goodson Way Existing Zoning A Comp Plan Dsslgnatlon Existing Neighborhood New Zoning NR-4 Comment Why NR-4 Note Some of these comments represent edited vereions of the original due to the limitations on the database field size All entries are croSs.referenoed with originals on file,with the Planning and Development Department January 17, 2001 Page 3 of 67 8 Ref # First name Last name Hume Phone Company Name Date Address Office Phone Recleved E-mall 13 Jay Anthony Anthony Properties 11/I 0/00 12770 Cmt Road Ste 1170 (972) 991-4484 Dallas TX 75251 81ts Address Lot 2N-Solar Way Existing Zoning A Comp Plan Designation Existing Neighborhood New Zoning NR-4 Comment 14 Jay Anthony Anthony Properties 11/10/00 12770 Colt Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Address Lot 2S-Solar Way Exlating Zoning A Comp Plan Designation Existing Neighborhood New Zoning NR 4 Commant 15 Jay Anthony Anthony Properties 11/10/00 12770 Colt Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Address 2704 Sk~vue Exlatlng Zoning ETJ Comp Plan Designation Exmtmg Neighborhood Naw Zoning NR 4 Comment 16 Jay Anthony Anthony Properties 11/10/00 12770 Cott Road Ste 1170 (972) 991-4484 Dallas TX 75251 81ts Address 2728 Sklvue Existing Zoning ETJ Comp Plan Designation Existing Neighborhood New Zoning NR.-4 Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 4 of 67 9 Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved E-mall 17 Jay Anthony Anthony Properties 11/10/00 12770 Colt Road Ste 1170 (972) 991 4484 Dallas TX 75251 elto Address 1900 Jasmine Existing Zoning SF-7 Comp Plan Donlgnatlon Existing Neighborhood Now Zoning NR-3 Comment 18 Jay Anthony Anthony Properties 11/10/00 12770 Colt Road Ste 1170 (972) 991 4484 Dallas TX 75251 8its Address 901 Whitney Cour~ Existing Zoning SF-10 Comp Plan Designation Existing Neighborhood New Zoning NR-3 Comment What is Accessory Dwelling Umts? 19 Jay Anthony Anthony Properties I 1/10/00 12770 Colt Road Ste 1170 (972) 991 4484 Dallas TX 75251 Site Addreu 2216 Savannah Existing Zoning SF-10 Comp Plan Designation Existing Neighborhood New Zoning NR-3 Comment What is Accessory Dwelling Units? 20 Jay Anthony Anthony Properties 1 I/10/00 12770 Colt Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Address 2209 Savannah Existing Zoning SF-10 Comp Plan Designation Existing Neighborhood New Zoning NR-3 Comment What 15 Accessory Dwelhng Umts'~ Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 5 of 67 10 Ref # Flret name Lsst name Home Phone Company Name Date Address Office Phone Recleved E-mall 21 Jay Anthony Anthony Proparhes 11/10/00 12770 Cmt Road Ste 1170 (972) 991-4484 Dallas TX 75251 Site Address 2213 Savannah Existing Zoning SF 10 Comp Plah Dsslgnetlon Emst~ng Nctghborhood New Zoning NR 3 Comment What ts Accessory Dwelling Units? 22 Jay Anthony Anthony Propemes 11/10/00 12770 Cmt Road Site 1170 (972) 991 4484 Dallas TX 75251 Site Address 824 Lynhurst Existing Zoning SF-10 Comp Plarl Deelgnetlon Existing Neighborhood Haw Zoning NR 3 Comment What ts Accessory Dwelhng Units? 23 Jay Anthony Anthony Properties 11/10/00 12770 Cmt Road Ste 1170 (972) 991-4484 Dallas TX 75251 81te Address 65 Ac at US 380 and Masc Existing Zoning A/ETJ Comp Plan Dsslgnstlon Extstang Netghborhood New Zoning NR-2 Comment What ts Accessory Dwelling Umts9 24 Jay Anthony Anthony Properties 11/10/00 12770 Colt Road Ste 1170 (972) 991 4484 Dallas TX 75251 Site Addreea 170 Ac at 1-35 and Corbm Existing Zoning A / ETJ Comp Plan Dsslgnstlon Neighborhood Centers New Zoning NCR 2/IC- Comment Why ts there industrial areas on thc east stde of 1-35W? Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 6 of 67 Ref # First name Last name Home Phone Company Name Date Address Office Phone Rocleved : E-mall 25 E Gordon Fry (940) 535-1377 Fry Farm 11/10/00 2401 Summit Ct Denton TX 76205 reeonf~y~peoplepc com Site Addrsso 2401 S~t Cl Existing Zoning ETJ Comp Plan Designation New Zoning CM-G Comment Started Nursery Bus]ness Slow to fast ffneeded Farmly Farm/he was pron-ased to keep 26 Craig Ownby KDRCH 10/17/00 1108 W Pioneer Pkway gte 3 (817) 226 1718 Arlington TX 76013 terdal~flash net 81re Address North Pomte (Loop 288) Existing Zoning PD Comp Plait Designation Neighborhood Centers New Zoning NCR-I 2 Comment Strongly opposed to the idea of down zonmg our property from 18 umts per acre to 15 umts (s~c) per acre as proposed m NCR-I 5 (NCR-12) th~s would dramatmally reduce the overall value of th~s property and ~s unacceptable 27 11/8/00 lkregal~flash net Site Addreee 2327 North Elm Existing Zoning C Comp Plan Designation Ex~stmg Neighborhood New Zoning NRMU Comment 28 11/8/00 lkregel@flash net Site AddrPs~ 2331 North Elm Existing Zoning C Comp Plan Designation Ex]stmg Neighborhood New Zoning NRMU Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cro~s.rsferenced with originals on file with the Planning and Development Department January 17, 2001 Page 7 of 67 12 Ref # First name Last name Home Phons Company Name Date Office Phone Recleved Addreaa I E-mail 29 J D ~ Coffin (940) 38%2349 11/11/00 1017 Stanley Denton ~ 76201 ~ Existing Zoning SF-10 81re Addl~ 1017 Stanley Comp Plan Designation Ex~stlng Neighborhood New Zoning NR-3 Comment 30 Pat Nordstrom (940) 382 4439 Umvensty of North I 1/11/00 320 Northr]dge Denton iTX 76201 umbrella~rmndsprlng eom 81te Addrees 320 Northr]dge Existing Zoning SF- 10 Comp P an Des gnatlon Existing Neighborhood New Zoning NR-3 Comment Oallardo (940) 381-0057 11/11/00 31 Irene ~ 1713 Broadway Denton ,TX 76201 81re Address 1713 Broadway Existing Zoning SF-7 Comp Pliln Designation Ex~st~ng Neighborhood New Zoning NR-3 Comment 32 Edith I Hun' (817) 453-9001 11/11/00 1031 Pae Lane Mansfield TX 76063 Site Address Lot 68 D~nton Estates - Wi Existing Zoning A Comp Plan Designation Existing Neighborhood Haw Zoning NR-2 Comment Note Some of the~e comments represent edited versions of the original due to the limitations on the database field size All entries are cro~s-referenced with originals on file with the Planning and Development Department I Page 8 of 67 January 17, 2001 , 13. Raf # First name last name Home Phone Company Name Date Address Offloe Phone Recleved E.moll 33 Wayne Work 11/11/00 518 Gober St Denton TX 76201 81to Addrs~ 518 Gober St Existing Zoning O Comp Plan Dulgnatlon Existing Netghborhood New Zoning NRMU Comment Has this location zoning changed? Can at some fuW. re t~me, I be forced to sell this property9 How will being zoned as office affect my property? 34 11/11/00 1208 Ector St Denton TX 76201 81to Addreao 1028 Ector St Existing Zoning SF 10 Comp Plan Daolgnatlon Existing Nelghburhood New Zoning NR-3 Comment 35 Jenny Gage (940) 382-7662 Gage & Associates 11/11/00 1728 Scripture Denton TX 76201 Elto Addrs~ 1728 Scripture Existing Zoning O Comp Plan Designation Existing Neighborhood New Zoning NRMU-12 Comment 36 Kate Eaton (940) 387-8423 11/11/00 1103 W Congress Denton TX 76201 rle0001 ~unt edu 81re Addrsu 1103 W Congress Existing Zoning 2F Comp Plan Designation Exmtmg Neighborhood New Zoning NR-4 Comment We are across the street from an ugly serm-abandoned large structure which has been there ~n its present condition for over 2 decades and would like to see tt demolished within our hfetlme Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entrms are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 9 of 67 14 Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved E-mall 37 Mary Anne Sewalt 11/11/00 1015 Hfllcrest Denton TX 76021 Site Address 1015 Hfllcrest Existing Zoning SF~10 Comp Plan Designation Existing Neighborhood New Zoning NR-3 Comment 38 Raghu Raghavendran 11/8/00 kunj~thapadam raghavendr Site Address Existing Zoning Comp Plan Designation New Zoning Comment How about building some pubhc tornado shelters ~n Denton~ How about encouraging developers to build shelters m nexghborhoods planner for the future9 39 Ronald Jones 11/15/00 2420 Southndge Demon TX 76205 81te Adflr~ 1001 S Mayhlll Existing Zoning PD-42 Comp Plan Designation Employment Centers New Zoning EC-I Commsnt 40 Ronald Jones 11/15/00 2420 Southndge Denton TX 76205 Site Address WolRrap Rd Existing Zoning PD-25 Comp Plan Dcelgnation Existing Nezghborhood New Zoning NR 4 Comment Note Some of these comments represent edited versions of the original due to the limitations on the database flsld size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 10 of 67 ~-5. Ref # First name Lest name Home Phone Company Name Date Address Office Phone Recleved E-mail 41 Ronald Jones 11/15/00 2420 Southndge Denton TX 76205 Site Addreu Gardenvlew Ctr Existing Zoning PD-8 Comp Plan Designation Existing Nczghborhood blew Zoning NRMU 12 Comment 42 Ronald Jones 11/15/00 2420 Southndge Denton TX 76205 Site Address Locust ~ Second St Existing Zoning 0 Comp Plan Designation Downtown Umverslty Core New Zoning DR 2 Comment Requests threshold up from 4 runts to 10 units 43 Ronald Jones 11/15/00 2420 Southndge Denton TX 76205 Site Addrsce 1228 Cordell Existing Zoning SF-7 Comp Plan Dcelgnstlon Existing Neighborhood New Zoning NR-3 Comment 44 David Dafley 11/13/00 1924 Holly Hill Denton TX 76205 Site Address Existing Zoning Comp Plan Designation New Zoning Comment Mapping Details of arterial major street access and interchanges Peripheral major h~ghway 1-35E upgrades to accommodate new increased population and traffic southbound through DFW Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 11 of 67 16 Ref # First name Lest name Home Phone Company Name Date Address Office Phone Recleved E-mall 45 Gary Chang 11/13/00 1600 W Hickory Denton TX 76201 Site Address Existing Zoning Comp Plan Designation New Zoning Comment Detailed Zomng Map New+Old 46 Dean Garner (940) 387-0043 11/13/00 3002 Manor Court North Denton TX 76210 gamermstitutel~juno corn 81te Address SE Comer of Teasley and Exiatlng Zoning NS Comp Plan Dsslgnatlon Exlstlng Neighborhood New Zoning NRMU Commant I am concerned that neighborhoods throughout the city could be jepordlzed w~th heavy traffic use Would like to see this property to NRMU 12 47 Harry Phllhps (940) 383-4671 11/I 3/00 1138 Oakhurst Denton TX 76210 hep00011 @jove als ant ed Site Address Existing Zoning Comp Plan Designation Naw Zoning Comment Please prowde a hstlng of the spemfic zoning reqmremants for the asea NR-2 through NRMU 48 Cyndy and David Trublood (940) 320 1354 11/13/00 700 Lafayette Dr Denton TX 76205 81to Address Lilhan Mlller/Teasley Existing Zoning NS Comp Plan Dsslgnatlon Existing Neighborhood Now Zoning NRMU Comment We are concerned that the proposed zoning changes for the areas along Ldhan Miller are zoned too high The proposed zoning ts too intense in the defined uses These areas are highly restdential and should be better served w~th NRMU 12 Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 12 of 67 Ref # First name Lest nome Home Phone Compony Nome Date Addrees Office Phone Recleved E-mall 49 Eva Memt (940) 479 2652 Eva Elmne Inc I 1/13/00 Box 12 Ponder TX 76259 Site Address 3415 N Elm Existing Zoning A Comp Plan Deelgnotion Neighborhood Centers New Zoning NCR-2 Comment Request Change from NCR-2 to NCR 12 50 Eva Memt (940) 479-2652 Eva Elmne Inc 11/13/00 Box 12 Ponder TX 76259 Site Addrsso 3419 N Elm Exlntlng Zoning A Comp Plal~ Dsslgnotlon Neighborhood Centers New Zoning NCR-2 Comment Request Change fromNCR-2 to NCR-12 $1 Billy Mills (940) 565 0215 11/16/00 Rt 7 Box 441 MM Denton TX 76208 brmlls~jmsawyer corn 81to Address Susm Lane off Mills Rd ea Existing Zoning ETJ Comp Plan Dsslgnetlon Ex~stmg Nelghborhend / NeIghborhood Now Zoning NR-2/NCR- Comment Up to NR-4 from NR-2 reduce NCR- 12 to current compatible d~stnct for estate lots 52 David Stoma Travelstead Auto 1 I/16/00 215 E Hmkory (940) 566-5155 Denton TX 76201 Site Address 215 E Hmkory Existing Zoning C Comp Plan Designation Downtown University Core New Zoning DC-G Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 13 of 67 18 Raf # First name Lest name Home Phons Company Name Date Addrece Office Phone Reclaved E-mall 53 Altord Allen (940) 565-6521 11/16/00 2205 Whispering Oaks Denton TX 76201 81to Addres~ 2205 Whispering Oaks Existing Zoning SF-7 Comp Plan Dcelgnetlon Existing Neighborhood Now Zoning NR-3 Comment 54 Mary R~chter (940) 387-2308 11/16/00 1502 Pert;an Denton TX 76209 jetmag~aol corn Site Address 1502 Pertmn Existing Zoning SF-7 Comp Plah Designation Exlstmg Neighborhood New Zoning NRMU- 12/ Comment David Rxs~nger (940) 382-1060 11/16/00 1401 Moakmgbtrd Denton TX 76201 Site Address 1401 Mocl~ngbird Existing Zoning A Comp PI,In Dsslgnetlon Neighborhood Centers New Zoning NCR-2 Comment 56 Dawd R~smger Rlslnger Fastener 11/I 6/00 201 Eagle Dr (940) 382-3997 Denton TX 76201 Site Address 201 Eagle Dr Existing Zoning C Comp Pl$n Deslgnetlon Downtown University Core New Zoning DC-G Comme~ Note Some of the~e comments represent edited versions of the original due to the limitations on the database field size All entries are cro~s-refersnced with originals on file with the Planning and Development Department January 17, 2001 Page 14 of 67 19 Ref # First nem~ Lest name Home Phone Company Name Date I Office Phone Rec~eved Addreee E-mall ~;7 Jean Halbert (940) 382-2779 11/16/00 3558-3562¢3566 Ten,lay Denton TX 76210 81re Addrese 3558-3563-3566 Teasley L Exietlng Zoning A Comp Plan Designation Existing Nmghborhood New Zoning NR-2 Comment I Change to hen-residential to accommodate an AT&T tower on the site 58 Robert Donnelly (940) 382-2727 11/16/00 3900 QanlI Creek Denton TX 76208 81ts Addrem~ 3900 Quad Creek Exletlng Zoning A Comp Plsh Designation Regional Mixed Use Centers New Zoning RCR-I Commsnt; I disagree wtth ESA destgnatlons end ESAs in general 59 Billy ' Mills SPA Realty 11/16/00 Rt 7 Box 441MM (940) 566-0215 Denton ,TX 76208 brmlls~jmsawyer corn Site Addr#ss South Szde of East of Mack Existing Zoning 2F Comp PIs~ Designation Neighborhood Center; Nsw Zoning NCR-I 2 CommentI Density dr~ps w larger dev instead of other way around 60 Gene Massengale (940) 387-2698 11/16/00 3701 E McKtnney Denton TX 76208 Site Addr~s 3701 E McK]nney Existing Zoning A Comp Pla~l Designation Employment Centers New Zoning EC-I Comment Note Some of the~e comments represent edited versions of the original due to the limitations on the database field size All entries are croa~.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 15 of 67 20. Ref # First nome Last name Home Phone Company Name Date Address Office Phons Recleved E-mall 61 Juamta Edwards (940) 387-3289 11/16/00 1520 Bolivar Demon TX 76201 81ts Address 1520 Bolhvar Extetlng Zoning 2F Comp Plan Designation Downtown Umvcrslty Core New Zoning DR-1 Commsst 62 Walter Sorensen (940) 383-4375 11/16/00 1220 Ector St Denton TX 76201 81to Address 1220 Ector St Existing Zoning SF 10 Comp Plan Designation Existing Neighborhood Now Zoning NR 3 Comment 63 Lan Jeffcnas (817) 438-3799 11/16/00 PO Box 610293 Dallas TX 75261 Sits Address East Side of 377 Existing Zoning A Comp Plan Dsslgcetlon Ex]sting Neighborhood New Zoning NR-2 Comment 64 James Frisby (940) 382 2892 11/16/00 232 Woodland Demon TX 76209 Site Address 232 Woodland Existing Zoning SF 7 Comp Plan Dcelgnatlon Existing Neighborhood New Zoning NR-3 Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 16 of 67 23. Ref # First name Last name Home Phone Company Hame Date Address Office Phone Recleved E-mall 65 Nancy Byrom l 1/l 6/00 201 Hellaire Dr Denton TX 76209 Site Address 201 Bellalre Dr Existing Zonlno SF-7 Comp Plan Designation Existing Neighborhood New Zoning NR-3 Comment 66 Richard Tmnerello 11/14/00 nchard_u nnerello@sterco Site .axldreaa A1330 AG Walker Tract 1 Existing Zoning A Comp Plan Designation Regional M~xed Use Centers New Zoning RCR-I Comment 67 Rmhard Tmnerello 11/14/00 nchard_t mnerello@sterco Site Address Al 330 AG Walker Survey Existing Zoning A Comp Plan Designation Regional Mixed Use Centers New Zoning RCR 1 Comment 68 Richard Tmnerello 11 / 14/00 nchard_nnnerello@sterco 81te Address A1330 AG Walker Survey Existing Zoning A Comp Plan Dealgnotlon Regional M~xed Use Centers Hew Zoning RCR 1 Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planmng and Development Department January 17, 2001 Page 17 of 67 22. Ref # First name Laat name Home Phone Company Name Date Addreas Office Phone Rocloved E-mall 69 Eheen O'Neill 11/14/00 oneflw@gte net 81tn Addrssa Ranch Estates Existing Zoning A Comp Plan Deaignatlon Ex~st]ng Neighborhood Now Zoning NR 2 Comment 70 11/I3/00 tnaler~amencant~tle eom 81t~ Addreu 1104 Bellemead Dr Existing Zoning SF 10 Comp Plan Deelgnatlon Exlstlng Neighborhood New Zoning NR-3 Comment 71 Jorge Garcla (940) 591-0933 11/20/00 4115 Redlltone Rd Denton TX 76201 81te Addreu 4115 Redstone Rd Exietlng Zoning SF 7 Comp Plan Daalgnatlon Ex~st~ng Neighborhood New Zoning NR-3 Comment Wanted to know ~fthe changes include me 72 R E Fullerton 11/20/00 3015 N B0nme Brae Denton TX 76207 -alta .a. dd r#aa 3015 N Bonnm Brae Exlatlng Zoning A Comp Plan Deelgnatlon Neighborhood Centers New Zoning NCR-6 Comment ~s lot to be NCR-2 not NCR-6 Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entrms are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 18 of 67 23. Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved I E-mall 73 Weldon Burgoon (940) 382-1921 Weldon's Saddle Sh 11/20/00 345 E Htcl$ory Denton TX 76201 81tn Address 345 E Hickory Existing Zoning C Comp Plan Designation Downtown Umv~rslty Core New Zoning DC-G Comment, Legend should be m plmn enghsh most of us are laymen and we don't understand all the letters and numbers 74 Kathy Dunagan Venzon 11/20/00 2100 Spencer Rd Apt 3520 Denton TX 76205 Addrnss 820 Allen St Existing Zoning MF-I Site Comp Plan~ Designation Ex]sting Neighborhood New Zoning NRMU Comment 75 Matt Gohlke Gohlke Pools 11/20/00 615 Dalla~ Dr (940) 387-7521 Denton TX 76205 81fa Address 615 Dallas Dr Existing Zoning SF-7/NS Comp Plan Designation Ex~st~ng Neighborhood New Zoning NR-3 Comment Should be ex~stmg Neighborhood Serwces and should be zoned as NRMU 76 Peggy Blagg Oann (940) 458 3283 11/20/00 10049 FM 2153 Aubrey ' TX 76227 Site Address 3000 N Locust Exlnting Zoning A Comp Plan Dcelgnation Ex~stmg Neighborhood New Zoning NR-2 Comment Note Some of the~e comments represent edited versions of the original due to the limitations on the database field size All entries are cro~e-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 19 of 67 24 Ref # First name I.~at name Home Phons Company Name Date ~ Office Phons Hecleved Address I E.mall 77 Mary Bess Miller (940) 382-5067 11/20/00 1205 Meadow Padge Dr Denton ~TX 76201 Site Addrges 20 Ac West Side of Masch Existing Zoning A Comp Pla~t Designation Industrial Centers New Zoning 1C-G Commentl Branch rd South Huntington Inn Small House 78 Mary Bess & J A Miller (940) 382-5067 11/20/00 1205 Meadow R~dge Dr Denton ,TX 76201 Site Address 12 Ac W side of 1-35N N o Existing Zoning LI Comp Ple~ Dsslgnstlon Employment Centers New Zoning EC-C Comment' South of Camping World Mobile Home Sales? 79 Mary Bas~ Miller (940) 382-5067 11/20/00 1205 Meadow Ridge Dr Denton ITX 76201 Address 2 Ac NW comer of Mocl~n Existing Zoning GR 81ts Comp Plan Deslgcetlon Existing Neighborhood New Zoning NRMU Comment 80 Tom I Lows Brlsbey 11/20/00 10925 Est,.ts Ln ate 200 (972) 296-5052 Dallas ~TX 75238 tlowe~bnsbey eom 81tn Addr?es McKmney/E Loop 288 Existing Zoning PD/MF-1 Comp Plan Designation Community Mixed Use Centers New Zoning CM-G Is this siteIbc]ns considered for an Apartment Complex9 Note Some of thel D comments represent edited versions of the original due to the limitations on the database field size All entries are croe ~-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 20 of 67 25. Ref # First name Last name Home Phone Company Name Date Address , Office Phone Recieved E-mall 81 Tom Lowc Bnsbey 11/20/00 10925 Estate Ln Ste 200 (972) 2964052 Dallas TX 75238 tlowe~bnsbey corn Site Addresa Johnson/Daughtery Existing Zoning MF- 1 Comp Plan Designation Downtown Unlvarslty Core New Zoning DC-G Comment Wdl the b~ zoned to allow apartments? 82 Tom Lowe Bnsbey 11/20/00 10925 Estate Ln Ste 200 (972) 296-5052 Dallas TX 75238 tlowe@bnsbey eom Site Address Mmgo/Umverstty Existing Zoning Comp Plan Dcelgnatlon Ex~stlng Neighborhood / Employment Ce New Zoning Comment Is this site being considered for an apartment complex? 83 K Goldmann (940) 566-2014 11/20/00 301 Northndge Denton TX 76201 Site Addrcea 301 Northndge Exlatlng Zoning SF-10 Comp Plan Dcelgnatlon Existing Neighborhood New Zoning NR-3 Comment Why did I get a green card and not my netghbors? Why do we have changes In SF zoning9 These areas should be preserved 84 Steven Fnedson (940) 898 1428 11/20/00 22O5 W O8 Denton TX 76201 emr(~lglobal net 81to Address 2205 W Oak Existing Zoning SF-7 Comp Pla~ Designation Downtown Umvers]ty Core New Zoning DR- 1 Comment Why does DUC mlude a anrea that ~s currently zoned SF9 Why was the hne not drawn at Hlckory9 We are concerned about the degngat~on of our neighborhood Note Some of these comments represent edltsd versions of the original due to the limitations on the database field size All entries are cross-rsfersnced with originals on file with the Planning and Development Department January 17, 2001 Page 21 of 67 26. Raf # First name Last name Home Phone Company Hame Date Address Office Phone Rocleved E-mall 85 Crawford Slosh 11/20/00 2207 Houston Place Denton TX 76201 Site Addrm 2207 Houston Place Exlotlng Zoning SF-7 Comp Plan Designation Dowatown Umverslty Core New Zoning DR-1 Comment L~ved m Denton for 31 years Do not want to see th~s neighborhood destroyed The character and quahty of th~s neighborhood would be destroyed by th~s aetmn 86 Dan Llpford (940) 380 4009 Redeemer Presbyter 11/20/00 2212 Houston Place Denton TX 76201 Site Address Vacant area across from m Existing Zoning SF-7 Comp Plan Deolgnetlon Downtown Umverslty Core New Zoning DR-1 Comment 87 Dawd Wler (940) 320 3900 11/20/00 4902 Jim Christal Denton TX 76207 wscs@juno eom Site Address 4902 J~m Christal Rd Existing Zoning A Comp Plan Designation Industrml Centers Haw Zoning IC-G Comment 88 Dorothy Nell Cook (940) 382-0810 11/20/00 4488 A~rport Rd Denton TX 76207 81re Addrees 4488 Airport Rd Existing Zoning A Comp Plan Designation Industrial Centers New Zoning lC G Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 22 of 67 27. Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved E-mall 89 Weldon Burgoon (940) 282-9487 Weldon's Saddle Sh 11/20/00 6562 Gnssom Rd Denton TX 76208 shop(~weldonswestern co 81to Address South of PM 426 Existing Zoning A Comp Plan Designation Neighborhood Centers New Zoning NCR-2/NC Comment 2 umts per acre on Mckxnney 15 ac total 4 mobile home parks w~thm 1 rmle of th~s property Request upzomng to NCMU South of Mcklnney have problom wah trees on th~s property can only build on half thc property9 90 W M Haggard (940) 566 1369 11/20/00 1900 S Mayhdl Rd Denton TX 76208 Site Address 1900 S Mayhfll Rd Existing Zoning A Comp Plan Dcelgnatlon Regional M~xed Use Centers New Zoning RCR 1 Comment There ~s concern on the restrlctmns placed on the property due to ESA 91 Barbara Holeman 11/21/00 Route 1 Box 14 Montague TX 76251 Site Address 1900 S Mayhfll Existing Zoning A Comp Plan Designation Regional Mixed Use Centers New Zoning RCR-I Comment 92 M~ckey George (940) 383 1777 11/20/00 613 Bernard St Denton TX 76201 Site Addresa 613 Barnard St Existing Zoning MF-1 Comp Plan Designation Downtown Umvars~ty Core New Zoning DR-2 Commsnt Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on fits with the Planning and Development Department January 17, 2001 Page 23 of 67 28. Rsf # Flint name Last name Home Phons Company Name Cate Address Office Phone Recleved E-mall 93 Mmkey George (940) 383-1777 11/20/00 610 Bemard St Denton TX 76201 81t~ Addrus 610 Bernard St Existing Zoning MF-2 Comp Plan Designation Downtown Umvemty Core New Zoning DR-1 Comment Would hke th~s to be redes~gnatad as DR-2 94 Mmkey George (940) 383-1777 11/20/00 602 Bernard St Denton TX 76201 Sits Addrsss 602 Bernard St Existing Zoning MF 2 Comp Plan Designation Downtown Umverstty Core New Zoning DR-1 Commsnt Would hke th~s to be redeszgnated as DR-2 95 J R Mmhaels (940) 382-7662 11/21/00 1728 Scripture Denton TX 76201 81t~ Address 308 Bradley St Existing Zoning MF-1 Comp Plan Dsalgnatlon Downtown Umvers~ty Core New Zoning DR 2 Comment 96 James Sawyer (940) 320-2033 James Sawyer & As 11/21/00 502 W Oak St Ste 212 Denton TX 76201 jsawyer~jmsawyer corn 8its Address SE Comer of FM 2181 and Existing Zoning A Comp Plan Designation Neighborhood Centers Now Zoning NCR-2 Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 24 of 67 29. Ref # First nam~ Last name Home Phone Company Name Date Addreea i Offloe Phone Recleved ' E-metl 97 James Sawyer (940) 320-2033 James Sawyer & As 11/21/00 502 W Oak St Ste 212 Denton TX 76201 jsawyer@jmsawyer corn Site Addre~e NW Quadrant of Oak and Existing Zoning C Comp Pla~ Designation Downtown Umvers]ty Core New Zoning DC G Comment [ 98 James Sawyer (940) 320-2033 James Sawyer & As 11/21/00 502 W Oak St Ste 212 Denton TX 76201 jsawyer@jmsawyer cora 81te Address N/S Umvemty between Ge Existing Zoning PD l Comp Plan Designation Commumty Mixed Use Centers New Zoning CM-G Comment, 99 Rocky Neragh~ 11/20/00 1100 Thomas Denton TX 76201 mhn0008@yahoo eom Slt~ Address 1116 Crescent Exietlng Zoning SF-7 Comp Plan Designation Ex~stmg Neighborhood New Zoning NR 3 Comment Plans to correct th~s creek along these areas or to demohsh houses'~ 100 Rocky Neraghi 11/20/00 1100 Thoraas Denton TX 76201 mhn0008~yahoo corn 8Ire Address 1910 Oak Street Exletlng Zoning SF 7 Comp Plan Designation Downtown Un]vers]ty Core New Zoning DC-G Comment: Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 30. Page 25 of 67 Ref # First name Last name Home Phone Company Name Date Address Office Phone Recieved E-mall 101 Rocky Naraghl 11/20/00 1100 Thomas Denton TX 76201 mhn0008@yahoo corn Site Address 1005 Chestnut St Existing Zoning MF-2 Comp Plan Designation Downtown Umverslty Core New Zoning DR-1 Comment 102 Mary Clements l 1/15/00 902 Hfllcrest Denton TX 76201 marya¢216~aol corn 81to Address 902 Hfllerest Existing Zoning SF 10 Comp Plan Dssignatlon Existing Neighborhood New Zoning NR-3 Comment 103 Wayne Allen Wayne Allen Const 11/21/00 100 N Locust Dr (940) 566 1819 Denton TX 76201 81to Address SW Comer of Loop 288 an Existing Zoning A Comp Plan Dsslgnntlon Neighborhood Centers / Employment Ce New Zoning NCR-2/EC-1 Comment 104 Robert Houhhen (940) 440 2986 BJT 1996 Fawaly T 11/21/00 1269 Spnng Hill Rd Aubrey TX 76227 81to Addrsse South Side HWY 380 - No Existing Zoning A Comp Plan Dsslgnstlon Neighborhood Centers New Zoning NCR 2 Comment We would desire an NCMU or possibly NCR-12 zomng rather than NCR-2 Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are croSs-referenced with originals on file with the Planning and Development Department January 17, 2001 31 Page 26 of 67 Raf # First name Lest name Home Phone Company Name Date Addrce8 Office Phone Reclevad E-mall 105 Mark Donaldson (940) 484-0376 11/27/00 3216 Staghorn Denton TX 76208 mrd7383~aol eom Extetlng Zoning Site Address Comp Plan Dcelgnetlon New Zoning Comment I encourage allowang w~thm residential neighborhoods a mix of housing types susch as SF detached, SF attached, accessory units, small apt units, a variety of lot sizes, non residential- with scale, design and lighting standards 106 Edna Carter (940) 387-7907 11/28/00 206 N Mayhfll Denton TX 76208 Site Adarese 206 N Mayhdl Exlatlng Zoning A Comp Plan Daalgnatten Employment Canters Haw Zoning EC-I Cnmmant 107 Jim Matlock (904) 387 2701 11/28/00 320 Bell Elace Denton TX 76201 8itc AddrOaa 320 Bell Place Exlatlng Zoning L] Comp Plan Deelgnetlon Downtown Uarv~lty Core New Zoning IC-E (In qua Comment Current use is seed &stnbutlon Rent one building to two retail sites 108 Rodger Donnelly (904) 243-1753 RDRC Services Inc 11/29/00 2348 Countryside Dr (940) 243-7372 Denton TX 76208 rodger@rdrcsemcas eom Site Addr~ee 5501 Flshtrap Existing Zoning A Comp PI'In Designation Existing Neighborhood Now Zoning NR-2 Comment Would like to develop as air conditioning service company office and warehouse Would like to move from NR-2 to NRMU Adjacent to ex~st Intense uses and UCI industries Note Some of the~e comments represent edited verelons of the original due to the limitations on the database field size All entries are croSs-referenced with originals on file with the Planning and Development Department January 17, 2001 32 Page 27 of 67 Ref # First name Last name Home Phone Company Name Date Address Offlae Phons Recleved E-mall 109 Patty Barber 11/30/00 6501 Shl[h Denton TX '76208 Site Address 6501 Sh]loh/Svasher Rd Existing Zoning ETJ Comp Plan Designation Existing Neighborhood New Zoning NR-2 Comment ll0 Mike Cochran (940) 387-0995 11/30/00 610 WOak Denton TX 76201 mcochran~global net EIte Address Oak Hickory H~storlcal D~s Exlatlng Zoning 2F/SF-7/MF Comp Plan Daalgnatlon Downtown Umverstty Core / Ex~st~ng Ne New Zoning DR- 1/NR 3 Commant Further Comments to follow 111 Rynell S Novak (940) 387 3092 12/2/00 1321 Amherst Dr Denton TX 76201 rsnovak@juno eom 81ts Adflrees 408 Fulton Existing Zoning 2F Comp Plan Designation Existing Neighborhood New Zoning NR-4 Comment NR-4 to NRMU-12 112 Rynell S Novak (940) 387 3092 12/2/00 1321 Araherst Dr Denton TX 76201 rsnovak~juno eom Site Address 410 Fulton Exlatlng Zoning 2F Comp Plan Designation Ex~st~ng Neighborhood New Zoning NR-4 Comment NR-4 to NRMU- 12 Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 3 3 Page 28 of 67 Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved E-mall 113 Rynell S Novak (940) 387-3092 12/2/00 1321 Amhbrst Dr Denton TX 76201 rsnovak@jano eom 81ts Address 414 Fulton Existing Zoning 2F Comp Platt Designation Existing Neighborhood New Zoning NR-4 Comment NR 4 to NRMU-12 114 Wayne Ruiner (940) 243-0110 12/2/00 5301 E McKlnney Denton TX 76201 81ts Address 5301 E McKmney Existing Zoning A Comp Plan Dsslgnatlon Existing Neighborhood New Zoning NR-2 Comment 115 Carohne Polhard 12/2/00 1800 W Oak Denton TX 76201 Site Address 1800 W Oak Existing Zoning SF-7 Comp Plan± Dsslgnatlon Downtown Umverslty Core New Zoning DR-1 Comment I recommend tha the MartetXa St properties and the rest of the block bordered by Houston, Bradley and Oak be zoned DR-i to mamtmn the res~dantlal character l 16 Darlene Stewart 12/2/00 2003 W Oak Denton TX 76201 Site AddrOss 2003 W Oak Existing Zoning SF-7 Comp Plan Ceslgnatlon Downtown Umvers~ty Core Nsw Zoning DR-1 Commant Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 34 Page 29 of 67 Rsf # First name Last name Home Phone Company Name Data Address Office Phone Racleved E mall l ] 7 Rector Estate 12/2/00 PO Box 380574 (972) 298-2664 Du~c;mvl TX 75138 81re Addrsu 13625 1-35 Existing Zoning A Comp Plan Designation Neighborhood C~nters New Zoning NCR-2 Commant Request to rezone from NCR 2 to NCMU 118 B Johansson 12/4/00 1926 N Bell Denton TX 76209 sjohan8667~aol corn 81ta Addre~a Existing Zoning Comp Plan Daslgcetlon Naw Zoning Comment We hke sixeet trees~ However the unhty tree trimmers cut trees too early need to be dormant m Feb d;p blade ~n bleach to prevent disease spread Tree pruners are cutting trees that owners/developers spend money to plant 119 12/4/00 Site Address Existing Zoning Comp Plan Designation New Zoning Comment No bicycle racks Only preserve groups of wooded areas Count townhouses as MF m selected areas Do not expand site design to 1 OK sql~ lots We have a dechnmg MF Market 120 Irene Behnmg 11/26/00 8610 Wolf Creek Rd Herren MI 49744 Site AddreM 1207 May St Existing Zoning Comp Plan Dealgcetlon New Zoning Comment No longer own th~s property Please cheek tax records Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 35 Page 30 of 67 Ref # First name Last name Home Phone Company Hame Date Address I Office Phone Reclaved 121 Diamond I Samal Blzplex Incorporate 11/7/00 2107 Shumard Oak Ln (972) 401-2030 Irvmg ~X 75063 81ts Addn es 3401 E Umverslty Dr Existing Zoning C Comp Pla i Designation [ndustml Centers New Zoning IC-G Comment We are sec lgly opposed to the zoning change since It will ehmlnate many of the currently permissible uses and options The property will suffer :hrmnutlon m value as a result of the zomng 122 Tim ' House 11/16/00 240 McMakln (214) 773-7441 Double O i"I'X 75077 81to Addr~Iss 148 Ac SE Comer of Brush Existing Zoning SF-16 / PD- Comp Pla~ Designation Neighborhood Centers Hew Zoning NCR-4 / NC Comment' Request ~ CMU and NCR-12 along SH377 to provide development transition NCR 6 pocket area of 10ac+/- to allow patio style custom de ,elopmant along golf course NCR-2 should be 1 5 U/A to 2 5 U/A to allow 12K to 15K sqft lots 123 Ted Meador (940) 300-6359 12/11/00 2612 Ft ~ orth Dr Denton 'TX 76205 81te Addreas 3305 Roselawn Dr A H~ck ~xlatlng Zoning A Comp Pla 1 Designation Neighborhood Centers New Zoning NCR-6 Commenl Would Ilk ~ to have this property zone changed from NCR-6 to NCR-2 Like to install greenhouses on the property to grow wholesale plants Ne retail business 124 J Stedman 12il 1/00 1717 Bolivar Denton TX 76201 81ts Add~ ~aa University, Carroll, TWU Existing Zoning Comp PIs O~algnatlon Now Zoning Common1 Wanted a eneral area map Note Some of thes a comments represent edited versions of the original due to the limitations on the database field size All entries are croa s-referenced with originals on file with the Planning and Development Department January 17, 2001 36. Page 31 of 67 Ref # First name Last name Home Phone Company Name Date Addrsse Office Phone Reoleved E-mall 125 John Walker (405) 843-9355 12/7/00 3509 NW 69 Oklahom OK 73116 Sits Address Poekrus Page Rd Existing Zoning A Comp Plan Dcelgnetlon Neighborhood Centers New Zoning NCR-2 Comment 126 John Walker (405) 843-9355 12/7/00 3509 NW 69 Oklahom OK 73116 Site Adflfllie HWY 380 / Geeshng Existing Zoning A Comp Pla~t Designation Nelghberhood Centers New Zoning NCR-6 Comment 127 Betty Robertson (940) 381-1857 12/7/00 2275 Leatherwood Denton TX 76210 Site Address Pockrus Page Exletlng Zoning A Comp Plan Dcelgnatlon Regional M~xed Use Centers New Zoning RCR-1 Comment 128 Edwin Fulton Fulton Metal and H 12/7/00 3100 Fort Worth Dr (940) 898-1423 Denton TX 76205 fultons~gte net Site Address 3100 Fort Worth Dr Existing Zoning L[ Comp Plan Designation Commumty Mixed Use Centers New Zoning CM-E Comment Under CM-E does not fit LI, manufacturing, outdoor storage, wholesale, construction matermls Th~s ~s ~nverse comdenat~on Rmlroad access makes this logical for industrial use Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are croSs-rsfersnced with originals on file with the Planning and Development Department January 17, 2001 37 Page 32 of 67 Ref # First nam0 Leet name Home Phone Company Name Date Address Office Phone Recleved 129 Darell I Herbst (214) 327-5845 12/11/00 8433 Svaff Ay Dallas iTX 75228 dherbst305@aol eom 81to Addr~ee 30%313 N Locust Existing Zoning O Comp Plan Designation Downtown Umvemlty Core New Zoning DC-G Comment' 130 Luls Ordonez (940) 382-3329 12/11/00 316 N Ruddell Denton TX 76209 81to Addr~u 316/310 N Ruddell Existing Zoning SF-7 Comp Pla[ri Deelgnetlon Existing Neighborhood Now Zoning NR-3 CommentI 131 Ann and Steve Poston 12/10/00 poston@flash net 81te P~ldriea W~ndnver to Umcom Lake Exletlng Zoning Comp Plan Deelgnetlon New Zoning Comment 1/1 7/00 132 Lena , Rutledge golI]ohn08@cox mtemet c 81te Addre~a 2801 E McKlnney Existing Zoning A Comp Plan Deelgnetlon Ex~stlng Neighborhood New Zoning NR-2 Comment Concerne4 about selling property w~th possible zomng change Note Some of the~e comments represent edited versions of the original due to the limitations on the database field size All entries are cros;.referenced with originals on file with the Planning and Development Department January 17, 2001 I Page 33 of 67 ' 38 Ref # First nema Lest name Home Phohe Company Name Date Address Office Phone Recleved E-mall 133 Jamce Collvms (940) 387-5256 12/16/00 2011 Boy~ Denton TX 76201 jtal(~gte net 81te Addreea Umverstty Dr and Mmgo R Existing Zoning SF-7 Comp Plah Deelonatlon Exlsttng Neighborhood New Zoning NRMU Comment, I am opposed to Res M~xed Use of th~s property Sequom Park wants this to remain res~dentml to protect proe~ty values and quahty ofhfe No more traffic 134 Rxck Bann (940) 387-5051 12/16/00 5138 Edwards Rd Denton TX 76201 81ts Addreae 5138 Edwards Rd Existing Zoning A & ETJ Comp Plan Dulgnatlon Netghborhood C~nters New Zoning NCR 4 Dommant 135 Ed Wolskl (940) 484-7888 12/16/00 2301 Hollyhfll Denton TX 76205 drwolsk~@wolsk eom 81to Addr0ae Wzndsor at Loop 288 ~xlatlng Zoning A / SF- 10 / Comp Plan Deelgnatlon Neighborhood Centers / Employment Ce New Zoning NCR-2 / NC Comment 136 Ed Wolsk~ (940) 484-7888 12/16/00 2301 Hollyhfll Denton TX 76205 drwolskt@wolsk eom 81t~ AddrUa Sherman at Loop 288 SW Existing Zoning GR / PD 39 Comp Plan Designation Ne~gl~borhood Centers New Zoning NCR 4 / NC Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department Page 34 of 67 January 17, 2001 39. Ref # First name Lest name Home Phone Compeny Name Data Address Office Phone Recleved E-mell 137 Ed Wolskl (940) 484 7888 12/16/00 2301 Hollyhfll Denton ~X 76205 drwolskl@wolsk eom 81te Addrese HWY 380 at Loop 288 Existing Zoning PD-96 Comp Plait Deelgnetlon Neighborhood Centers New Zoning NCR-4 / NC Comment 138 Ed Wolakl (940) 484-7888 12/16/00 2301 Hollyhfll Denton TX 76205 drwolskl@wolsk eom 81te Address HWY 77 at Bonnie Brae Existing Zoning A Comp Plan Designation Regional M~xed Use Centers New Zoning RCC D Comment 139 Ed Wolsk~ (940) 484 7888 12/16/00 2301 Hollyhfll Denton TX 76205 drwolsk~wolsk corn 81te Address Geeslmg at HWY 380 Existing Zoning A Comp Plan Designation Employment Centers New Zoning EC-I Comment 140 Ed Wolskl (940) 484 7888 12/16/00 2301 Hollyhfll Denton TX 76205 drwolsk~wolsk eom 81te Addrese Jim Christal at Masch Bran Exletlng Zoning PD-85 Comp Plan Deslgnetlon Industrial Centers Hew Zoning 1C-G Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 40 Page 35 of 67 Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved E-mall 141 Ed Wolsk~ (940) 484-7888 12/16/00 2301 Hollyhlll Denton TX 76205 drwolsk~wolsk eom 81ts Address Mflam Rd ~ 1-35 Existing Zoning A Comp Plan Designation Neighborhood Centers New Zoning NCR-2 Comment 142 Charles Mulkey (940) 382-8680 12/16/00 5609 E MeKmney Denton TX 76208 8its Addrue 5609 E MeKlnney Existing Zoning A / ETJ Comp Plan Designation Neighborhood Centers New Zoning NCMU / N Comment 143 Pat Colonna 12/16/00 409 Amarillo St Denton TX 76201 yogadenton~aol eom 81to Address 409 Amarillo St Existing Zoning 2F Comp Plan Designation Ex;sting Neighborhood New Zoning NR 4 Comment Any future changes planned? 144 Leo Miller (940) 387 3446 12/16/00 2418 College Park Dr Denton TX 76209 leojr~a~rmafl net Site Address 2418 College Park Dr Existing Zoning SF-7 Comp Plan Designation Ex~st~ng Neighborhood New Zoning NR-3 Comment Note Some of these comments represent edited versions of tho original due to the limitations on the database field raze All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 41 Page 36 of 67 Ref # Flret name Lsat name Home Phone Company Name Date Address Offies Phone Recleved E-mall 145 Robert Pmett (940) 380-9132 12/16/00 2114 North Lake Tr Denton TX 76201 81re Addreu 504 Mtss]on Existing Zoning A Comp Pla!~ Designation Neighborhood Centers New Zoning NCR 6 Comment Parcel abuts Acme brick to North only access to Mission St Bounded by Southlakes Park to E Would hke better examination of parcel to be more commercml m nature buffenng to CM-O 146 W~roj Bhetraratana 12/16/00 213 Plum Hollow Denton TX 76201 Site Addreea 213 Plum Hollow Exiatlng Zoning PD-72 Comp Plan Designation Extstmg Neighborhood New Zoning NR-3 Comment 147 J~m Wheeler Ternll wheeler Pnn 12/16/00 821 and 815 N Elm Denton TX 76201 Site Addr~aa 821 and 815 N Elm Existing Zoning C Comp Plan Designation Downtown Umverstty Core New Zoning DC-G Comment 148 Donald Wheeler (940) 382-7591 12/16/00 1619 - 1617 Amherst Denton TX 76201 whe240~aol eom 81te Addrese 1619 1617 Amhearst Exlatlng Zoning MF-R Comp Plah Dealgnetlon Commumty M~xed Use Centers New Zoning CM-G Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 42 Page 37 of 67 Ref # Flint name Last name Home Phone Company Name Data Address Office Phone Raclevad E-mall 149 Randy Smith (972) 333-4258 12/16/00 829 Tealwood Clr Flower M TX 75028 Site Address 9 9 Ac Loop 288 at E McK Existing Zoning PD-41 Comp Plan Daalgnatlon Commumty Mixed Use Centers New Zoning CM-G Comment 150 Khosrow Sadeghlan (972)471 1754 12/16/00 PO Box 2451 Coppell TX 75019 sadeghlan~hotmafi corn Site Addrssa 80 Ac at McKlnney and Gr Existing Zoning PD- 121 Comp Plan Dcelgnstlon Neighborhood Centers Naw Zoning NCR-2 Comment 151 Khosrow Sadeghlffil (972) 471-1754 12/16/00 PO Box 2451 Coppell TX 75019 sadeghmn~hotmml eom Elte Addrees 60 Ac on Edwards Rd Exiatlng Zoning PD-99 Comp Plan Designation Neighborhood Centers New Zoning NCR-12, N Comment 152 Lloyd Luke (337) 463-6736 12/16/00 POBox516 DeR~dder LA 70634 luke33~bec~ net Site Addreaa Hwy 380 and Cindy Lane Exlatlng Zoning A Comp Plan Daalgnatlon Ex~stmg Neighborhood New Zoning NR-2 Comment Next to selwur school and church Would hke this comar to be commercial or at least nmxcd use neighborhood (NCMU) Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 43. Page 38 of 67 Ref # First name Last name Home Phone Company Name Date Addreaa Offle~ Phone Reoleved E-mall 153 Jube K]mtantas (940) 381-2435 12/16/00 916 Cordeil Denton TX 76201 juhe@wctomapappas corn 81ta Address 916 Cordell Existing Zoning SF-7 Comp Plan Daalgnatlon Existing Neighborhood New Zoning NR-3 Comment 154 Brian Mornson (940) 383-4744 12/16/00 305 Mounts Denton TX 76201 81ts Address 305 Mounts Exlatlng Zoning MF-I Comp Plan Designation Ex~stmg Neighborhood New Zoning NRMU- 12 Comment; Th~s ~s a historic marker house and should be NR-2 to be m ahgn w;th h;stonc nature of the house 155 Shirley Jones (940) 591-8756 12/16/00 501 Neptune Denton TX 76209 Sits Address 501 Neptune Exlatlng Zoning SF-7 Comp Plan Dealgnatlon Ex~st~ng Neighborhood New Zoning NR-3 Commentl We wanted to know about the changes ~n zoning Sound barrier on Loop 288 ~s too low 156 Larry Bailey 12/16/00 81ts Addresa SE Corner of Bohvar and Existing Zoning C Comp Plan Dealgnatlon Downtown Uarverslty Core New Zoning DC G Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 4/~ Page 39 of 67 Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved E.~mall 157 Larry Bailey 12/16/00 Address 1101 - 1117 Teasley Existing Zoning LI Site Comp Pleft/Deslgnatlon Employment Centers New Zoning ECI Comment 158 Larry Ba~ley 12/16/00 Site Addreae 3819 W Umverstty Existing Zoning PD-97 Comp Plan Dcelgnatlon Employment Centers New Zoning EC-I Comment 159 Ruth Murdoek (940) 387-6702 12/16/00 1018 S Avenue B Denton TX 76201 SIta Address 1018 S Avenue B Existing Zoning MF-2 Comp Plan Daelgnation Downtown Unvlerslty Core Naw Zoning DR 1 Comment 160 Jim Engelbrecht (940) 565-1009 12/|6/00 2305 North Lake Trail Denton TX 76201 Slta Ade~r~e Vanderbmlt Ct Exletlng Zoning 2F Comp Plan Designation Neighborhood C~n~ters New Zoning NCR 6 Comment Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cro~e-rsferenced with originals on file with the Planning and Development Department January 17, 2001 45 Page 40 of 67 Ref # First name Lest name Home Phone Company Name Date Address Offies Phone Recleved E-mall 161 Lan Jefferles John A & Lan Bm 12/12/00 PO Box 610293 Dallas TX 75261 lanjeffenes@hotmad corn Site AddreSs A1164A, Tract 3, 5 acres Existing Zoning A Comp Plan Designation Ex~stmg Neighborhood Naw Zoning NR-2 Comment Request for office/retail use of the property 162 Tom Ford CMH Parks lnc 12/8/00 tonff~clayton net Site Addrsu 5301 E McKmney Existing Zoning A Comp Plan Designation Ex~stmg Neighborhood New Zoning NR-2 Comment 163 Tom Ford CMH Parks Inc 12/8/00 tomf~clayton net Site Address 9100 Teasley Lane Existing Zoning A/ETJ Comp PIsn Daalgnatlon Nmghborhood Centers Haw Zoning NCR-4/NC Comment 164 Tom Ford CMH Parks Inc 12/8/00 tomf@clayton net Site Addresa 2601 South Mayhfll Rd Existing Zoning A Comp Plan Designation Regional M~xed Use Centers New Zoning RCR-I Comment Is there any land avadablc for manufactured housing commumty9 Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are crosS.referenced with originals on file with the Planning and Development Department January 17, 2001 46. Page 41 of 67 Ref # First name Last name Home Phone Company Name Date Address Office Phons Recleved E.~mell 165 Charles King Immaculate Concep 12/14/00 1215 N Elm S~eet (940) 565-1770 Denton TX 76201 mary garela@lccdanton erg 81ts Address Bonme Brae and Windsor Existing Zoning PD-86 Comp Plen Designation Existing Neighborhood New Zoning NRMU-12/ Comment Plan to build a school future zomng does not allow armddle school 166 Harlan Dlxson Acme Brick Co 12/5/00 (940) 387-5804 Denton TX 7620l hthxsom@acmebnck eom Site Address South of I35E and Acme D Existing Zoning HI Comp Plan Designation Commumty Mixed Use Canters / Industn New Zoning CM-G / lC- Comment Why is the mare part of the plant Industrial and not the rest of the property to the north'~ 167 Harlan D~xson Acme Bock Co 12/5/00 (940) 387 5804 Denton TX 76201 hdlxsom~acmebrlck com 8its Address Clay M~ne north of Hlckor Existing Zoning A Comp Plen Designation Neighborhood Centers New Zoning NCR-2 Comment The property on H~ckory creek road will be zoned res~dantml what th~s do for Acme ~n the future when the mos owners surrounding th property decide tfus isn't a good thing? 168 Ed Soph (940) 383-4693 11/20/00 1620 V~etorla Dr Denton TX 76209 ebs0002@unt edu 81ts Address Existing Zoning Comp Plsn Dsslgnstlon New Zoning Comment Do you folks have any before and after reformation on the proposed zomng changes, the rationale for the changes and the benfits of the changes over the old zoning It would also be helpful to have comparmve mfurmat~on between the old and new zoning Note Some of these comments represent edited versions ofthe original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 4 7 Page 42 of 67 Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved 169 Rob Roblson (940) 484-4775 12/14/00 2028 Houston Place Denton TX 76201 rrobison@flash net 81te Addrese 2028 Houston Place Exletlng Zoning SF-7 Comp Plan Designation Downtown University Core New Zoning DR-1 Comment Writing because this area to be rezoned to have multi-family housing I strongly dtsapprove This is an est quiet neighborhood This Is a umque neighborhood Please don't rezone this neighborhood 170 Doug Powell I 1/21/00 $1ta Address Lakeview Ranch Existing Zoning A Comp Plan Dsslgnatlon Neighborhood Centers New Zoning NCR 4 Comment This area should be rezoned as NCR-2 171 Michael Lee (972) 462-9452 12/5/00 321 Spring Creek Rd Coppell TX 75019 mlee~flash net $1ta Address 3050 Country Club Exletlng Zoning A Comp Plan Designation Existing Neighborhood New Zoning NR-2 Comment We would request a change from the current new zoning to NRMU-12 This is more suitable consldenng adjacent zoning to the west and north Mixed use of professional and neighborhood services with higher residential 172 Ken Ballard (940) 383 1237 11/29/00 3494 Teasley Lane (940) 381 0137 Denton TX 76210 kwb51 ~yahoo eom 81re Addretm 1 56 Ac on Teasley Lane Exietlng Zoning A Comp Plan Designation Ex~starg Neighborhood New Zoning NR-2 Comment This property is changing from A to 0 could ~hls property be considered for NRMU in conjunction with the current procee&ngs'~ Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 48 Page 43 of 67 Ref # First name Lest name Home Phone Company Name Date Address Office Phone Recleved E-mall 173 Kathenne Massey (281) 765-7832 Educational Progra 11/29/00 kathenne massey@nhmecd Site Address 405 Jagoe St Exletlng Zoning MF-1 Comp Plan Deelgnation Downtown Umvers]ty Core New Zoning DR-2 Comment What are the definitions of MF-1 and SF-T~ 174 Mary Oarcla Immaculate Concep 12/1/00 1215 N Elm Street (940) 565 1770 Denton TX 76201 mary garcm@mcdenton erg 81lc Address Bonme Brae and Windsor Exietlng Zoning PD-86 Comp Plan Dcelgnatlon Exlstarg Neighborhood Now Zoning NRMU-12/ Comment Th~s area to be developed as a private school and we are concemced about the defimt~on of a .luntor h~gh school 175 Al MeNatt McNatt Properties, 12/3/00 608 N Bell Ave, Ste B (940) 382-1020 Denton TX 76209 amanatt@lglobal net Site Addresa 604-616 N Bell Ave Exleting Zoning GR Comp Plan Dealgnatlon Downtown Umvers~ty Core New Zoning DC-G Comment Request that these properties are not downzoned 176 Al McNatt McNatt Properties 12/3/00 608 N Bell Ave, Ste B (940) 382-1020 Denton TX 76209 arncnatt@~global net nlt~ Addr~ 1000 N Bell Ave Exlatlng Zoning MF-1 Comp Plan Designation Downtown Unlvemty Core New Zoning DR-2 Comment Request that these propemes are not downzoned Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 /*9 Page 44 of 67 Ref # First name last name Home Phone Company Hame Date Address Office Phone Recleved E.mall 177 Al MeNatt MeNatt Propextles, 12/3/00 608 N Bell Ave, Ste B (940) 382-1020 Denton TX 76209 amenatt~lglobal net 81te Addr~aa 2527 Lomse Exlatlng Zoning GR Comp Pla!n Designation Downtown Umverslty Core New Zoning DC-G Comment Request that these propernes are not downzoned 178 A1 McNatt McNatt Properhes 12/3/00 608 N Bell Ave, Ste B (940) 382-1020 Denton TX 76209 amcnatt@tglobal net 81te Address 2413 W Prairie Existing Zoning MF 1 Comp Plan Designation Downtown Untv~mty Core New Zoning DR-2 Comment Request that these propemes are not downzoned 179 A1 MeNatt McNatt Propertms, 12/3/00 608 N Bell Ave, Ste B (940) 382-1020 Denton TX 76209 amcnatt~;global net 81te Addraao 409-411 Ponder Exletlng Zoning MF-1 Comp Plan Dcelgnatlon Downtown Umvemty Core New Zoning DR-2 Comment Request that these properUes are not downzoned 180 Al McNatt McNatl Properties, 12/3/00 608 N Bell Ave, Ste B (940) 382-1020 Denton TX 76209 amcnatt@~global net 81t~ Addr~aa 923-929 W Sycamore Existing Zoning MF-2 Comp Plen Dealgnatlon Downtown University Core New Zoning DR- 1 Comment Request that these properties arc not downzoned Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cro#s-referenced with originals on file with the Planning and Development Department January 17, 2001 50 Page 45 of 67 Ref # First name Lest name Home Phone Company Hame Date Addrces Office Phone Recleved E-mall 181 Al McNatt McNatt Properties, 12/3/00 608 N Bell Ave, Ste B (940) 382-1020 Denton TX 76209 amcnatt@lglobal net 81to Addre~ 2830 N Locust Existing Zoning MF 1 Comp Plan Dcelgnatlon Ex~stmg Neighborhood Hew Zoning NRMU-12 Comment Request that these propemes are not downzoned 182 John Adarm 12/7/00 1922 N Locust (940) 565 9902 Denton TX 76201 Sits Addrcea 1922 N Locust Existing Zoning GR Comp Plan Dceignetlon Existing Neighborhood New Zoning NRMU Comment 183 John Adarm 12/7/00 1922 N Locust (940) 565-9902 Denton TX 76201 Site Address 218 Avenue E Existing Zoning MF-1 Comp Plan Deolgnetlon Downtown Umvers~ty Core New Zoning DR-2 Comment 184 John Adaml 12/7/00 1922 N Locust (940) 565-9902 Denton TX 76201 Site Address 924 & 926 Anna St Existing Zoning SF-7 Comp Plan Designation Downtown Umverslty Core New Zoning DR-1 Comment Note Some of these comments represent edited versions of the original due to the hmltatlons on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 5 1 Page 46 of 67 Raf # First name Last name Home Phone Company Name Date Address Office Phone Reclaved E-mall 185 John Adaml 12/7/00 1922 N Locust (940) 565-9902 Denton TX 76201 Sits Addra~ 1700 W Hickory Existing Zoning MF 1 Comp Platt Daslgnatlon Downtown Umverslty Core Naw Zoning DR-2 Commant 186 John Adarm 12/7/00 1922 N Locust (940) 565-9902 Denton TX 76201 Sits Addre~e 625 Dallas Dr Existing Zoning C Comp Plan Designation Existing Neighborhood New Zoning NRMU Comment 187 John Adarm 12/7/00 1922 N Locust (940) 565-9902 Denton TX 76201 Site Address 300-318 Dallas Dr Existing Zoning C Comp Plan Designation Downtown Umvers~ty Core New Zoning DC-G Comment 188 John Adan'u 12/7/00 1922 N Locust (940) 565-9902 Denton TX 76201 Sits Addre~ 706 800 S Locust Existing Zoning C Comp Plan Designation Downtown Umvers~ty Core New Zoning DC-G Commant Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 47 of 67 52 Ref # First name Lest name Home Phone Company Hame Date Address Office Phone Rec[eved E-mall 189 John Adanm 12/7/00 1922 N Lo!ust (940) 565-9902 Denton TX 76201 81t~ Adflre~a 714 E Hmkory Exlating Zoning LI Comp Plen Dealgnetlon Downtown Uarveralty Core Hew Zoning IC-E Comment To be reviewed by Ctty Council 190 John Adarm 12/7/00 1922 N Locust (940) 565-9902 Denton TX 76201 Site Addre~a 620 E Hmkory Existing Zoning LI Comp Pien Dealgnetlon Downtown Unverstty Core New Zoning IC-E Comment To be rewowed by City Council 191 John Adatm 12/7/00 1922 N Locust (940) 565-9902 Denton TX 76201 81re Address 1214 Primrose Exieting Zoning GR Comp Plan Designation Community Mixed Use Centers New Zoning CM-G Comment 192 Nanette Jlbben (940) 387-7872 12/10/00 2040 Kayewood (940) 591 3406 Denton TX 76209 Site AddreSs SE Comer of Umverslty an Exieting Zoning MF 1 Comp Plan Deslgnetlon Ex,sting NeIghborhood New Zoning NRMU Comment Requests that this NRMU is not compatible unth the surroundmg neighborhood and it would cause too much traffic It is totally inappropriate for th~s area Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 48 of 67 53 Ref # First name Lest name Home Phone Company Name Date Addrses Office Phone Recleved E-mall 193 Edwin Fulton Fulton's Metal & H 12/18/00 fufarm~coserv net Site Addrei~ 1400, 1404, 1500, 1517, 16 Existing Zoning LI Comp Plan Designation Commumty M~xed Use Centers New Zoning CM-E Comment Own a larg~ recycling center and retml/wholesale of steel and fencing It ~s currently LI and stated for that area This area is one of few areas w~th rml access It will result m reverse condemnattnn The LI must remain m place 194 Edwtn Fulton Fulton's Metal & H 12/18/00 fufarm~coserv net 81ts Address 3100 Fort Worth Drive Existing Zoning LI Comp Pla6 Designation Commumty Mixed Use Centers New Zoning CM-E Comment Own a large recycling center and retail/wholesale of steel and fencing It is currently LI and stnted for that area This area ~s one of few areas wtth rml access It will result m reverse condemnation The LI must rernatn m place 195 Edwin Fulton Fulton's Metal & H 12/18/00 fufarm~coserv net Site AddreSs 708,712 Massey St Existing Zoning LI Comp Plan Designation Community Mixed Use Canters New Zoning CM-E Comment Own a large meyehng center and retail/wholesale of steel and fenctng It ~s currently LI and suited for that area Th~s area ~s one of few areas w~th rail access It will result tn reverse condemnation The LI must remain tn place 196 Cand~ce Hams (940) 382-8230 12/22/00 1503 Bohvar Denton TX 76201 magg~e_hams@starcomm 81to AddreSs 1503 Bohvar Existing Zoning SF-1 Comp Plan Designation Downtown Umverszty Core New Zoning DR-I Comment ~ I am not ex~tly thrilled vnth your new zoning for my neighborhood and plan to protest it Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross?referenced with originals on file with the Planning and Development Department January 17, 2001 Page 49 of 67 54 Ref # First nam¶ L~St name Home Phone Company Name Date Address I Office Phone Reeleved E-moll 197 Carolyn Phflhps 12/18/00 phdhps@¢oefs toe unt edu Site Address SE Denton and Su~oundm Existing Zoning Comp Plah Dealgnatlon New Zoning Comment: Questions regarthns Small Area Plans and overlays, floodplain and process due to the property compliance with the comprehensive plan 198 Marshall ' Ricks (940) 321-1722 12/13/00 2104 Blrd~o~ Clr Corinth TX 76205 81t~ Addre~ Lot 1 block A Ricks & Che Existing Zoning LI Comp Platt Designation Community Mixed Use Centers New Zoning CM-G Comment I am very much opposed to this change in zoning We bought this property because of the light industrial zonarg 199 Ed Soph Citizens for Healthy 12/17/00 ebs0002~unt edu 81to Address Existing Zoning Comp Pl~t Dsslgnstlon New Zoning Commsnll Letrer reggdlng the sertlarnent with United Copper Industries We hope the precautionary prarclple be utlhzed the new developm~t code 200 Alyson Archer The Archer Compa 12/20/00 2112 W Spnng Creek Plca, y (972) 599-9999 Plano i TX 75023 Sits Address SW Comer of Teasley and Existing Zoning PD-93 Comp Plan Dsslgnatlon Neighborhood Centers Hew Zoning NCR 12 Commsnt We woulc~ like to develop this as a neighborhood grocery and it would more appropriately fit into the new NCMU classification We would also recommend tenant sqff from 55,000 to 60,000 sqf~ in order to allow the widest selection of granary stores Note Some of the~e comments represent edited versions of the original due to the limitations on the database field size All entries are croSs*referenced with originals on file with the Planning and Development Department January 17, 2001 Page 50 of 67 55. Ref # First name Last name Home Phone Company Name Date Addrsso Office Phone Recleved E-mall 201 Nancy Stranghn (940) 387-6843 12/20/00 1010 Bohvar St Denton TX 76201 8Itc Address 1010 Bohvar St Existing Zoning 2F Comp Plan Designation Downtown University Core New Zoning DR-I Comment I request that my property be placed ]n the Neighborhood Res~dennal 2 zonmg category which is consistent with the current use 202 Craig Ownby CDD Real Estate & 10/17/00 1108 W Pioneer Pkwy Ste 3 (817) 226-1718 Arhngton TX 76013 terdal@flash net 81ts Address Loop 288 at K~ngs Row Existing Zoning A Comp Plan Designation Neighborhood Centers New Zoning NCR-2 Comment To rezone these areas to NCR would make these propext~es worthless A more suitable zoning would be NCR-15(12) or NCMU as ~t would allo the land owner to use for commumty services sueha s offices or small retail 203 Ruth Murdock 12/18/00 1018 S Avenue B Denton TX 76201 Site Address 1018 S Avenue B Existing Zoning MF 2 Comp Plan Designation Downtown Umverstty Core New Zoning DR-1 Comment 204 J F Plangman Mfllenmum Gasolln 1/3/01 3300 W University (940) 387-3014 Denton TX 76207 Site Addrsss 801 Sherman Dr Existing Zoning SF-7 Comp Plan Dsslgnatten Exlstarg Neighborhood Now Zoning NR-3 Commant This Shell station has been operation since 1968 and ~mproperly zoned ~n 1969 to SF-7 Request change to allow use as a gas statmn Note Some of these comments represent edited versions of the original due to tho limitations on the database field size All entries are croSs-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 51 of 67 56 Ref # First name Lsat name Home Phone Company Name Date Addmee , Office Phone Recleved E-mall 205 Juthth Nebelacker (940) 320 6046 12/23/00 604 Pearl St Denton TX 76201 nebeart@aol corn 81tn AddreSs 604 Pearl Exlatlng Zoning MF 1 Comp Plan Dcelgnatlon Ex~st~ng Neighborhood New Zoning NRMU Comment I request that my property be placed ~n the NR-3 zomng category which ~s consistent w~th the ex~st~ng use and surrounding neighborhoods 206 ZakM asonP 972) 235-0204S 1/2/01 O Box 830254R ~chardson X( 75083 ERe Address W Comer of Edwards and Exlatlng Zoning X(9 Comp Plan Designation New Zoning 72) 235-020 Comment r of Edwards and Swisher RdZomng MapNe]ghborhood Centers / Ex~st~ng Ne~ghb 207 Mrs MeEuar 12/27/00 803 Stanley Denton TX 76201 81te Addreea 803 Stanley, Rear property Existing Zoning SF-7 Comp Plan Designation Ex~stmg Neighborhood New Zoning NR-2 Comment 208 Billy Mills Jame Sawyer & Ass 1/2/01 502 W Oak ate 212 (940) 320-2033 Denton TX 76201 ERe Adflr~sa Umvers~ty and Mmgo at G1 Existing Zoning SF-7 Comp Plegl Dealgnetlon Ex~stmg Neighborhood New Zoning NRMU / N Comment, Note Some of thee~ comments represent edited versions of the original due to the limitations on the database field size All entries ars crosS-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 52 of 67 57 Ref # First name Last name Home Phone Company Name Date Addrees Office Phone Recleved E-mall 209 Bdly Mills Jame Sawyer & Ass 1/2/01 502 W Oak Ste 212 (940) 320-2033 Denton TX 76201 Site Addrssa Lane Dr at E McKmney Existing Zoning A Comp Plan Danlgnatlnn Neighborhood Centers New Zoning NCR 2 Comment 210 Billy Mills Jame Sawyer & Ass 1/2/01 502 W Oak Ste 212 (940) 320-2033 Denton TX 76201 SIt~ Address Inman @ Meadow Roads a Exlatlng Zoning C Comp Plan Deslgnstlon Downtown Umverstty Core New Zoning DC-G Comment 211 Mike Cochran 12/1/00 Sita Addreee Existing Zoning Comp Plan Designation Downtown Umverslty Core New Zoning Comment There are descrepancies for areas along Houston Place, Oak Street and Scripture whzch should be reexamined for the uses and the dividing line between extstmg neighborhoods and downtown umverstty core There may be a need to update the comp plan 212 Site AddreSs Existing Zoning Comp Plan Designation New Zoning Comment 1 Yes this wall encourage bikes as transportation 2 Existing trees tn good condltton should be preserved 3 Yes townhomes functmn as SF 4 No people who purchase large lots should have greater design flex 5 No lfMF is too restr it will be to $$ Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 53 of 67 58 Ref # First name Last name Home Phone Company Name Data Address Offlae Phone Recleved E mall 213 Cecil Adkms (940) 387-2507 12/11/00 2227 Houston Place Denton TX 76201 cadkms~qmk corn 81ts Addrsss 2227 Houston Place Existing Zoning SF 7 Comp Plan Designation Downtown Umvarslty Core Nsw Zoning DR-1 Comment I would hke to see the DR-I zomng changed to NR-2 in the area bordered by Jagoe, Bonme Brae, Scripture and Oak Th~s ~s a SF neighborhood and not stated to the changes of DR-i 214 Kewn Kannelly (940) 387-7268 12/11/00 2105 Houston Place Denton TX 76201 kjkoodl @jove unt edu Site Addrs~ 2105 Houston Place Existing Zoning SF-7 Comp Plan Designation Downtown Umvemty Core New Zoning DR-1 Comment We are a SF res~dentml neighborhood request that the Comp Plan change to Ex,sting neighborhood bounded by Ave C, Bonnie Brae and Property line between Oak and H~ckory Th~s ~s arbitrary and capricious Request thc asstgnment ofNR 2 215 Dora Sloan (940) 382-8145 12/9/00 2207 Houston Place Denton TX 76201 81ts Address 2207 Houston Place Existing Zoning SF-7 Comp Plan Designation Downtown Umvers~ty Core Now Zoning DR- 1 Comment L~ved m Denton 31 years Do not want area to be rezoned 216 Jerry Yerlc 12/7/00 2035 Houston Place Denton TX 76201 yerm@unt edu Site Address 2035 Houston Place Existing Zoning SF-7 Comp Plan Deslgnstlon Downtown Umvars~ty Core New Zoning DR- 1 Comment Lived here for 24 years I urge to move the DUC boundary from Sct;pture to the property hne between Oak and Hmkory Assign th~s area as NR,2 rather than DR-1 Th~s decision was arbitrary and capranous Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 54 of 67 59. Ref # First name Last name Home Phone Company Name Date Addresa Office Phone Recleved E-msll 217 Margaret Yenc (940) 387 7458 12/7/00 2035 Houlton Place Denton TX 76201 yene~unt edu 81ts Address 2035 Houston Place Exlatlng Zoning SF-7 Comp Pls~l Dealgnstlon Downtown Umverstty Core New Zoning DR-I Commentl Lived here for 24 years Strongly urge that you move the DUC boundary from Scripture to the property line between Oak and Hickory bounded by Avenue C and Bonme Brae This area should be hr-2 to conform to the neighborhood to the north 218 Sue Statues (940) 382-3863 12/18/00 619 Hdlerest Denton TX 76201 81te/MldrSsa 619 Hfllcrest Existing Zoning SF-I 0 Comp Plan Daalgnatlon Existing Nmghborhod New Zoning NRMU 12 Comment Request that my property be placed m the NR-3 zoning category 219 Carolyn Johnston (940) 483-0771 12/18/00 1601 Bolivar Denton TX 76201 carolynj@unt edu 81te Address 1601 Bolivar St Exlatlng Zoning SF-7 Comp Plan DaalgnMIon Existing Neighborhood New Zoning DR-I Comment (Note this was nus-zoned should be NR 3) We request that our property between Congress and Sunset be placed In the NR-2 zoning category 220 Mary Reese (940) 591-8850 12/16/00 910 Bolivar Denton TX 76201 nreese29~hotmml eom 81tn Addreas 910 Bohvar St Exlatlng Zoning 2F Comp Plan Dsalgnatlon Downtown Umvarmty Core New Zoning DR-1 Comment I request that my property be placed in the NR-2 zoning category Note Some of the~e comments represent edited versions of the original due to the limitations on tho database field size All entries are cros~.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 55 of 67 6O Rsf # Flrat nam9 Last name Home Phone Company Name Data Addreaa Office Phone Recleved E-mall 221 Wynelle i Earp (940) 382 3494 12/12/00 2030 HouSton Place Denton ~TX 76201 Site Addr~o 2030 Houston Place Exlatlng Zoning SF 7 Comp Plah Designation Downtown Umvers]ty Core New Zoning DR 1 Commantl Lived here for 31 years Move the DUC to West Hickory as aboundary and assign a NR02 to west oak, Houston Place Scripture, Marietta and Jagoe / Avenue C and Boning Brae 222 N WesleyI Earp (940) 382-3494 12/8/00 2030 HouSton Place Denton ITX 76201 81to Address 2030 Houston Place Existing Zoning SF-7 Comp Plop Designation Downtown University Core New Zoning DR-l Comment Lived hera for 31 years Move the DUC to West Hickory as aboundary and assign a NR02 to west oak, Houston Place Scripture, Marietta a~d Jagoe / Avenue C and Bonnie Brae 223 Irene ~ Klauer (940) 591 1805 12/21/00 1821 Scripture St Denton TX 76201 klaner~unt edu 81t~ Addrgas 1821 Scripture St Exlatlng Zoning SF-7 Comp Plan Deolgnntlon Downtown University Core New Zoning DR-1 Commen~ Request tl~K my property be placed in thc NR-3 zomng category Th~s ~s a Ionglastmg and vital part around the university Too much retail wo~d undenmne th~s fragile character full neighborhood 224 Tony and ,Dorothy Darmco (940) 382-3327 12/21/00 1801 Panhandle Denton TX 76201 datmcodorothy~net scape Elte Adflrm~ Downtown University Core Existing Zoning SF-7 Comp Plan Deolgnatlon Downtown University Core New Zoning DR-1 CommenI Lived herb for 34 years The recent zomng plan strips offa section of our residential area this is several blocks long and wde This changes the zoning to one that allows all manner of non-res uses The rezone will change our neighborhood Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are crods.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 56 of 67 61 Raf # First name Last name Home Phone Company Name Date Address Office Phone Recleved E-mall 225 Jackic Fntts (940) 243-0177 12/16/00 1111 Bolivar St Denton TX 76201 jefrlt~s@worldnet att net 81ts Address 1111 Bohvar St Existing Zoning 2F Comp Plan Dcelgnstlon Ex,sUng Neighborhood Haw Zoning DR-I Comment Request that my property be placed m the NR-3 zoning category (NOTE this property is rmszoned from Existing Neighborhood to DUC) 226 Barney Coaling (940) 380-0481 12/16/00 1107 Bolivar St Denton TX 76201 81ts Address l 107 Bolivar St Existing Zoning 27 Comp Plan Designation Existing Nelghborhood New Zoning DR- 1 Comment Request that my property be placed in the NR-3 zomng category (NOTE thls property ~s m~szoned from Ex~stmg Neighborhood to DUC) 227 Danny Bramley (940) 382-9244 12/21/00 624 Ector Denton TX 76201 Site Address 624 Ector Existing Zoning SF-7 Comp Plan Designation Existing Neighborhood New Zoning NRMU-12 Comment Request that my property be placed in the NR-3 zoning category 228 Jean Hanson (214) 770-8755 1/7/01 818 WOak Denton TX 76201 Site Address 818 W Oak St Existing Zoning SF 7 Comp Plan Designation Ex~stmg Neighborhood New Zoning NR-3 Commsnt Request that my property be placed in NR-3 Both sides of oak street should be NR-3 Note Some of these comments represent edited verelons of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 57 of 67 62. Ref # First name Lest name Home Phone Company Name Date Address Office Phone Recleved Eqnall 229 Candlce Hams (940) 382-8230 I/5/01 1503 Bohvar St Denton TX 76201 maggteb2@flash net 81ts Addrm 1503 Bohvar St Exlatlng Zoning SF-7 Comp Plan Designation Ex~stlng Neighborhood New Zoning DR-1 CommentI Petmomng for both sides of Bolivar St to become NR 2 or NR-3 DUC is inconsistent w~th thru neighborhood (NOTE this area was nuszoned as ~t ~s tdentffied as Existing Neighborhood) 230 Don Van P, adke (940) 382-8230 1/5/01 1503 Bohvar St Denton TX 76201 81ts Addrm 1503 Bohvar St Existing Zoning SF-7 Comp PlaN Designation Ex]stmg Neighborhood New Zoning DR-I Comment' Pct~t~onm$ for both s~des of Bohvar St to become NR-2 or NR-3 DUC Is ~ncons~stant w~th this neighborhood (NOTE th~s area was rmszoned as ~t ~s ldenttfied as Ex~stmg Neighborhood) 231 Jennifer Colhns (940) 566-2134 12/19/00 312 Marietta St Denton ,TX 76201 sharvey~dentonarts corn 81ts Addr~ae Marietta St Existing Zoning SF-7 Comp pffin Designation Downtown Umverslty Core New Zoning DC-G Comment Request t~at DUC boundary from scripture street to the proeprty hne between Oak and H~ckory from Ave C to Bonme Brae and assign a designation of NP.-2 to th~s ne~§hborhood 232 Walter Jackson (940) 382-3043 1/3/01 1502 BohVer St Denton TX 76201 81t~ Addrm 1502 Bohvar St Existing Zoning SF-7 Comp Pll~n Designation Ex~stmg Nezghborhood New Zoning DR-1 Comman~ Pettttomng for both s~des of Bohvar St to become NR-2 or NR-3 DUC ~s ~ncons~stant w~th th~s neighborhood (NOTE th~s area was rmszoned~as It la Identified as Ex~stmg Neighborhood) Note Some of the#e comments represent edited versions of the original due to the limitations on the database field size All entries am cro~e-rsferenced with originals on file with the Planning and Development Department January 17, 2001 Page $8 of 67 63. Ref # First name Laat name Home Phone Company Name Date Address Office Phone Recleved E-mall 233 Mary Jo Jackson (940) 382-3043 1/3/01 1502 Bohvar St Denton TX 76201 Site Addrcea 1502 Bolivar St Existing Zoning SF-7 Comp Plan Dasignatlon Existing Neighborhood Naw Zoning DR-1 Comment Petltlomn~z for both stdas of Bobvar St to become NR-2 or NR-3 DUC is mconslstant with this neighborhood (NOTE tMs area was m]szoned as rt is identified as Exmmg Neighborhood) 234 Carolyn Laudardale (940) 387-4833 1/3/01 1010 W Hickory Denton TX 76201 carolyn~watsonsuspenslo Site Addreae 1010 W Hickory Existing Zoning MF-1 Comp Plan Designation Downtown Umvers]ty Core New Zoning DR-2 Comment I request that my property be placed m the NR-3 zomng category 235 Kathy Toews (940) 565-8222 12/16/00 1404 Anna St Denton TX 76201 ktoews~lglobal net Site Address 1404 Anna St Existing Zoning SF-7 Comp Plan Designation Existing Neighborhood New Zoning DR-1 Comment Request that my property be placed in the NR 3 zonarg category (NOTE this property is within the rmszoned area whmh should be existing n01ghborhood) 236 Thomas Marley TM Cabinets 1/3/01 206 Dotson (940) 387-8110 Denton TX 76205 Site Addrosa 206 Dotson Existing Zoning LI Comp Plan Deelgnstlon Community Mixed Use Centers New Zoning CM-G Comment Request that this property be removed from the proposed new zoning changes and allowed to remain In its present zomng of Light Industry Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 59 of 67 64 Ref # First name Lest name Home Phone Company Name Date Address Office Phone Realeved E-mall 237 Edwin Fulton Fulton's Metal & H 12/27/00 PO Box 10~31 Denton ~X 76202 81to Addre~e Massey and Fort Worth Dn Existing Zoning LI Comp Plan Designation Community Mixed Use Centers New Zoning CM-G Comment ' Request that the proper*y 1 own be removed from the proposed new zoning changes and allowed to remain in its present designation of Light Industry 238 Stephen Martin Martin Eagle Oil C 12/28/00 2700 James St (940) 383 2351 Denton TX 76205 81ts Address 2700 James St Existing Zoning LI Comp Plan Designation Community Mixed Use Centers Haw Zoning CM-G Comment l Request that the property I own be removed from the proposed new zoning changes and allowed to remain in its present designatmn of Light Industry 239 Donme Sparks 12/19/00 10435 FM 2153 Aubrey TX 76227 81ts Address M]ngo Road and Nottlngha Existing Zoning A Comp Plan Designation Neighborhood Centers New Zoning NCR-2 Commentl Request that th~s property be rezoned as IC-E to allow for a wider range of businesses in this area 240 Eddie Cnlmer G&G Tractor Co 12/27/00 1230 Ft Worth Dr Denton ,TX 76205 8Itc Address Ft Worth Drive and Rosela Existing Zoning LI Comp Pte~t Designation Community Mixed Use Centers New Zoning CM-G Comment I am requqstmg that the property I own be removed from the proposed zoning changes and remain Light Industry The request is in concern for our d~splay of agricultural and industrial equipment as well as our used equipment Note Some of thebe comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 60 of 67 65 Ref # First name Last name Home Phone Company Name Date Address Office Phone Recleved E-mall 241 Tom Hook Monterey Car Corn 1/1/01 1401 Fort Worth Dr Denton TX 76205 Site Address 1401 Fort Worth Drive Existing Zoning LI Comp Plan Designation Commumty Mixed Use Centers New Zoning CM-G Comment I am requesting that the property 1 own be removed f~om the proposed new zoning and allowed to remain a~ Heavy / Light lndusa'ad 242 Lan Jeffe~es 1/1/01 PO Box 610293 (817) 488-3799 Dallas TX 75261 8lte Addr~a US 377 at comer of Hills o Existing Zoning A Comp Plan Designation Existing NeIghborhood New Zoning NR~2 Comment Request that th~s be rezoned as an NRMU (re~afl o~ee building zoning) 243 Kevm McCormack 1/2/01 3031 Swisher Rd (940) 243-7878 Denton TX 76208 81ta Address Existing Zoning Comp Plan Dealgnatlon New Zoning Comment N~ce road grid design Road repairs must be spelled out asp on perimeter roads Intersections should be designed for both right and left turn lans wxth radius' designed for large trucks Th~s should be mammal accepted standards 244 Virgil C "Spunky" Adams II Adams Externunati 1/5/01 1201 E MeKmney (940) 387-1502 Denton TX 76209 bugman@gte net elte Address 1207 E MoKmney St Lot 1 Existing Zoning SF-7 Comp Plan Dcelgnstlon Existmg Neighborhood New Zoning NR-3 Comment We are wanting to build new office space for our company on this lot next to our ex~stmg senvce shop Would request change for this lot to be NRMU to be consistant w~th the netghbormg property Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cro*e-referenoed with originals on file with the Planning and Development Department January 17, 2001 Page 61 of 67 66 Ref # First name Lest name Home Phone Company Name Date i Raclaved Address I Office Phone E-mall 245 Ball Wh~sanant 1/8/01 16135 Preston Rd Dallas TX 75248 81tn Address 2801 E McKlnney Existing Zoning A Comp Plan Dastgnstlon Exzstmg Neighborhood New Zoning NR-2 CommentI 246 Ronme H]llard 1/9/01 2523 Ft Worth Dr (940) 387-4977 Denton TX 76205 81tn Address 2523 Ft Worth Dr Existing Zoning A Comp Plall Designation Commumty Mixed Use Centers / Ne]ghb New Zoning CM-G / NC Comment I own property at 2517,2523,2707 Ft Worth Dr the proposed zomng change doesn't follow my proper~ hnas I would hke to see all my property zoned the same 247 Ed Soph ebs0002~unt edu Site Address Existing Zoning Comp Plan Designation New Zoning Comment The precautionary pnnmple is a growmg concept m enwronmental management and pollution prevention and should be seriously cons~dereO for inclusion m the Enwronment Management section of the Development Code (Includes arhcle) 248 Maggte Hams 1/4/01 Site Address Bohvar Street Existing Zoning 2F Comp Plan Designation Ex~stmg Netghborhood New Zoning DR- 1 Commen~ Petition to rezone both sides of Bohvar Street as NR-2/NR-3 from westway to Congress the~e comments represent edited versions of the original duo to the limitations on the database field size Note Some of All entries are cross.referenced~ with originals on file with the Planning and Development Department January 17, 2001 Page 62 of 67 67. Ref # First name Last name Home Phons Company Name Date Address Office Phons Recleved E-mail 249 Margaret Schulze (940) 382-3122 1/6/01 2119 Scripture Denton TX 76201 SIt~ Address 2119 Scripture Existing Zoning SF-7 Comp PIon Designation Downtown Umverslty Core New Zoning DR-1 Comment Request that my property be placed tn the NR 3 zomng category 250 Mrs Rusty Parnell (940) 387-6579 1/10/01 2231 Scripture Demon TX 76201 Site Addr~ 2231 Scripture Existing Zoning SF-7 Comp Plan Designation Downtown Umvemty Core New Zoning DR-1 Comment Request that my property be placed tn the NR-3 zomng category 251 Wllham Kamman (940) 387-3389 I/8/01 2225 Scripture Demon TX 76203 kamman@unt edu 81te Address 2225 Scripture Existing Zoning SF 7 Comp Plan Designation Downtown Umverstty Core New Zoning DR-1 Comment Request that my property be placed In the NR-3 zonmg category 252 Tom Harpool (940) 382 8800 1/8/01 2222 Houston Place Denton TX 76201 Site Address 2222 Houston Place Existing Zoning SF-7 Comp Plan Designation Downtown Umvers~ty Core New Zoning DR 1 Comment Request that my property be placed tn the NR 3 zomng category Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 63 of 67 68 Ref # First name Lsat name Home Phone Company Name Dste Address Office Phone Recleved E-mall 253 Contance Luster (940) 566 6765 l/6/0l 618 Hdlcrest Denton TX 76201 Site Addrces 618 Hdlcrest Fxlatlng Zoning SF 10 Comp PIsn Dcelgnetlon Existing Neighborhood Hew Zoning NRMU 12 Comment Request that my property be placed m the NR-3 zoning category l strongly oppose the change m status 254 Morgan Tolle (940) 382-6100 Harpool Fertilizer C i/4/01 Drawer B Denton TX 76202 Site Address 420 E McKlnney St Existing Zoning LI Comp Plan Dsslgnatlon Downtown University Core New Zoning 1C-E Comment (NOTE thts area is under review) We would like to grow this bus~ness and are concerned about the ~mpact on our capital improvements 255 Andrew & Teresa Cooper (940) 382-1373 1/8/01 2319 Houston Place Denton TX 76201 andy_cooper~chatter corn 81re Address 2319 Houston Place Existing Zoning SF-7 Comp Plan Dssignaflon Downtown Umvers~ty Core New Zoning DR-1 Comment Request that my property be placed in the NR-3 zomng category I strongly oppose the change In status Change the map lines to between Oak and Hickory, Bonnie Brae, Jagoe Just deleting uses is not acceptable 256 Craig Irwin (940) 566-0082 Irwin Realty Group 12/8/00 525 S Carroll Blvd Ste 100 Denton TX 76201 Site Address Country Lane Estates East Existing Zoning SF-I 0 Comp Plan Designation Neighborhood Centers New Zoning NCR-2 Comment Request NCR-4 Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 64 of 67 69. Ref # First name Last name Home Phone Company Name Date Addmes Office Phone Recleved E-mall 257 Crmg Ir~vln (940) 566-0082 Irwin Realty Group 12/8/00 525 S Carroll Blvd Ste 100 Denton TX 76201 81te Address 41 ac at SE comer of Mayh Exlatlng Zoning A Comp Flan Designation Neighborhood Centers / Commumty M~ New Zoning NCR-2 / C Comment~ Request NCR-2 to 15 acres of NCR 6 and 16 ac of NCMU 12 258 Joe Lmr (940) 987-5772 1/9/01 716 W Oak Denton TX 76201 Site Address 716 W Oak Exiating Zoning MF-1 Comp Plah Designation Exmtlng Neighborhood New Zoning NR-3 Comment I abhore breaking up the historical dlsmct wth d~fferent uses on the south s~de of oak and the north s~de of Hmkory 259 Wayne Allen Wayne Allen Const 1/9/01 1103 N Locust (940) 566-1819 Denton TX 76201 waec~sprynet eom Site Address 1103 N Elm Existing Zoning O Comp Plan Designation Downtown Umvcrs~ty Core New Zoning DR-2 Comment What vail the new zomng be? What is the current zoning? What braiding materials have to be used? What are the zomng on the adjacent lots? (same) 260 Charyl Wfllams Masterplan 1/5/01 500 South Ervay Bldg (214) 761-9197 Dallas TX 75201 mplanS00@aol corn Site Address Sw Comer ofMeKmney a Exlating Zoning A Comp Plan Designation Neighborhood Centers New Zoning NCR 2 Comment We would hke to request that the property be rezoned to NCR-12 Please g~ve us feedback on what would be the most appropriate Note Some of these comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 Page 65 of 67 70 Raf # First name I.aat nama Home Phone Company Name Data Address Office Phone Recleved E-mall 261 Pdchard France Denton Housing Au 1/19/01 308 S Rudflell (940) 383-3039 Denton TX 76205 dentxha2~gte net 81ts Addrase 500 S Ruddell St Existing Zoning MF-1 Comp Pla~ Daalgnatlon Existing Neighborhood New Zoning NRMU- 12 Comment/ Intent to d~mollsh units and build 41 townhome on this site 262 Richard France Denton Housing Au 1/19/01 308 S Ruddell (940) 383-3039 Denton TX 76205 dentxha2~gte net 81ts Addrgas 1340 Morse Existing Zoning SF 7 Comp Plsll Designation Existing Neighborhood New Zoning NR-3 Commant' Intent to bmld 41 townhomes on this site 263 Pdchard France Denton Housing Au 1/19/01 308 S Ru~dell (940) 383-3039 Denton TX 76205 dentxha2@gte net 81ts Addr~a 1710 Morse Existing Zoning SF-7 Comp Plan Designation Existing Neighborhood New Zoning NR-3 Commant Intent to build 64 townhomes on this s~te 264 Richard France Denton Housing Au 1/19/01 308 S Ruftdell (940) 383-3039 Denton TX 76205 dentxha2@gte net 81ts Add~le~a 1005-1009 Wilson Existing Zoning SF-7 Comp Plan Designation Existing Neighborhood Naw Zoning NR-3 CommanI Intent to build 12 townhomes on this site Note Some of thebe comments represent edited versions of the original due to the limitations on the database field size All entries are cross.referenced with originals on file with the Planning and Development Department January 17, 2001 I Page 66 of 67 71 Ref # First nsme Last name Home Phone Company Name Dete Address Office Phone Recleved E-mall 265 Richard France Denton Housing Au 1/19/0 I 308 S Ruddell (940) 383-3039 Denton TX 76205 dentxha2@gte net 81ts Addrea~ 2329 Hlnkle Existing Zoning 2F Comp Plan Designation Exlstmg Neighborhood New Zoning NR-4 Comment I Intent to build 24 Garden Apartments 266 Clffion Rechng 1/12/01 221 Woodrow (940) 387-4948 Denton TX 76201 81ts Address 1800 Morse St Existing Zoning SF-7 Comp Plan Designation Ex~st~ng Neighborhood New Zoning Comment Property owner adJacent to east would hke th~s property to be zoned for Employment centers Has asked current Property owners to sign a request stating as such Industrial uses along Woodrow want to expand to the west 267 Rogeho San Mlguel (940) 383-4605 1/12/01 104 Inman Denton TX 76205 81re Address 104 Inman Existing Zoning C Comp Plah Dselgnatlon Downtown Umvarmty Core New Zoning DC~N Comment Request that this lot be zoned DR-2 not DC-N This is a residential lot and plan to hve here for many years to come 268 Raymundo Arreola (940) 383 2887 1/12/01 112 Inman Denton TX 76205 81ts Addreaa 112 Inman Existing Zoning C Comp Plan Designation Downtown University Core New Zoning DC-N Commen~ Request that thIs lot be zoned DR-2 not DC-N This is a residential lot and plan to hve here for many years to come Note Some of the~e comments represent edited verelons of the original due to the limitations on the database field size All entries are croats-referenced with originals on file with the Planning and Development Department January 17, 2001 Page 67 of 67 72. C \My Documents\CODE\COMMENTS\Chamber 11-30 DOC QUESTIONS & COMMENTS Denton Development Code SUB-CHAPTER 35 4 - PROCEDURES 1 General questtons and comments a What is the "Application Criteria Manual"9 The manual will contain all of the application, fees and information that needs to be submitted for the Denton Development Code Has it been drafted9 No Will it be adopted as an ordinance9 Yes Will it eontmn requirements that are in addition to, or different from, the requirements in Chapter 35? Yes, but the requirements in addition to the development regulations consist of what application needs to be submitted, along with the appropriate fee and supporting documents for developments under Chapter 35 b Time periods are measured in various ways, e g, "days", "working days", and "business days" Are these distinctions intentional9 Time is computed on page 4 35 1 4B The time periods are calendar days (The reference to working days will be deleted) 2 Page 66 Are there any planning aetaons that are not covered by Chapter 359 No, the intent is that Chapter 35 covers the development of land Is the issuance ora bmldmg permit a planning action9 No 3 Page 68 The terms used to describe the Type I "actions" are confusing (e g, they are not consistent and appear to be redundant) For example, is there a difference between the "Land use Plan element of The Denton Plan", the "Land use Plan element of the Comprehensive Plan", the "Land Use Plan", and the "Land Use Plan, as contained in the Comprehensive Plan''9 Perhaps defined terms could be used9 These have been changed to be consistent It should read "the Land Use Plan of the Denton Plan" 4 Page 68 Are Type I Procedures limited to rezomngs that do not conform to the "Future Zomng Map''9 What about rezonmgs that do not conform to the Land Use plan9 952000 00058 556432 Ol 74. C \My Documents\CODE\COMMENTS\Chamber I 1-30 DOC Type I is for rezomng that do not conform to the Land Use Plan of the Denton Plan The applicant will have to submit an apphcatlon to change the Denton Plan along with the zone change Type II is for rezonmg that conforms to the Land Use Plan of the Denton Plan 5 Page 68 and page74 What is the difference between an "amendment to the Denton Development Code" (Type I Procedure) and an "amendment to the Denton Development Code which changes the text" (Type II Procedure)9 Type II will govern change to the text of the Denton Development Code The references to Type I will be deleted 6 Page 70 and page 74 Why Is the submittal timing to the Plan Commission different for a Type I and Type II mzonlng9 Why is the extended 90-day period required for a Type I rezomng Beeanse Type I actions reqmre an amendment to the Denton Plan, these should only be done 4X per year to allow for additional research and neighborhood meetings 7 Page 70 Why IS a property owner required to file "affidawts of fact, apprmsals, and related studies" with a Type I rezomng apphcatlon (none of whmh as required for a Type II rezonmg)? This language has been deleted A sentence will be added "An Application along with the appropriate fee and supporting documents as required by the Application Criteria Manual shall be submitted" The Apphcatlon Criteria Manual is not ready at this t~me 8 Page 70 and page 74 Is there a &fference between a Type I Plan Comm~ssmn public hearing held 'hn accordance with state law" and a Type II Plan Commission hearing held "m accordance with its rules of procedure"? This will be changed to ~n accordance with state law 9 Page 72 The publication reqmrement for a Council hearing ~s 15 days (not 10) This will be changed 10 Page 72 and page 76 Why are the actions that may be taken by the Council in a Type I rezomng different from those that may be taken in a Type II rezomng9 Page 76 will be redrafted to match 72 11 Page 72andpage 76 Needtobemsearched 12 Page 74 and page 76 The review and approval of "Alternative or Goal Option Plans" appears as both a Type II and Type III Procedure The Handbook and Sub-Chapter 35 12 re&cate prowde for Plan Commission approval (a Type III Procedure) 952000 00058 556432 75 C \My Documents\CODE\COMMENTS\Chamber 11-30 DOC The altematave or goal option goes to the city council The reference to P&Z wall be for their recommendataon P& Z will not have the final decasaon 13 Page 76 What as the scope of the "condmons" that the CotmcH may impose upon a Type II rezomng* For example, can they ampose cond~taons related to design standards (the approval of whmh appears to have been delegated to a staff rewew)? Can they impose condatlons related to development standards that are not addressed an Chapter 359 Can the Councal rezone the property wath condataons that are unacceptable to the apphcant and over the objectaons of the apphcant and af the answer ~s yes, can the apphcant object and reqmre a 3/4 vote? The reference to condatmns should be deleted 14 Page 76 What are the reqmrements of Sub-Chapter 35 4 for an admamstratave hearing before the Plan Commassaon in a Type III Procedure9 Thas has been deleted Thas section wall be reworded to match the current procedure used for plat approvals 15 Page 78 Based on the level of detml reqmred by Chapter 35, why as ~t necessary to g~ve the staff the authority to reqmre any addat~onal information (not otherwase reqmred by Chapter 35) that ~t beheves ~s reasonably necessary9 In case the property has some umque charactenstacs not contemplated by the code 16 Page 78 Are the Darector of Development and the Development Revaew Committee lntemhangeable for purposes of their authority under Chapter 359 Who is the "Chmr" of the Commattee9 The Darector should refer to the Darector of Planmng (Doug Powell) The Development Rewew Committee Chmr is appmnted by the C~ty Manager The Development Rewew Committee procedures wall be added to Board, Comm~smons and Procedures 17 Page 78 Are the Director of Development and the Development Review Committee anterehangeable for purposes of thear authority under Chapter 359 Who as the "Chair' of the Commattee9 Needs to be researched 18 Page 80 It appears that all staff penmt decisions may be appealed to the Board of Adjustment Is that appropriate for (a) the apphcataon and interpretation of Chapter 35, (b) staff requests for other mformataon not otherwise reqmred by Chapter 35, (c) the approval of sate desagns and other plans for sate plan approval, (d) manor plats, and (e) pre-desagn meetings9 Needs to be researched 19 Page 80 and page 82 Can the approval or demal of plats be appealed to Council9 Needs to be researched 952000 00058 556432 01 76 C \My Documents\CODE\COMMENTS\Chamber 11-30 DOC 20 Page 80 May staff permit procedures be appealed by "adjoining property owners" and "owners affected differently than the general pubhc''9 Is the "apphcant" the only party that can appeal a staff permit procedure9 Can the mty appeal to the Board9 Needs to be researched 21 Page 82 Why ts a property for whmh a rezomng has been demed by ~nehg~ble for resubmtttal for 12 months9 Should the ~nehg~bthty apply only to resubm~ttals that are substanttally the same as the rezomng that was dented9 And, who makes the detenmnatton ora substanttal change tn c~rcumstances 9 Needs to be researched 22 Page 82 Why ts an apphcant prohibited from w~thdraw~ng a rezomng apphcatlon after the pubhc hearmg ts adverttsed? Needs to be researched 23 Page 82 What are the "rules of procedure" by whtch the Council wdl reconsider a rezomng request that ~s demed? The counctl uses Roberts Rules of Order A counctl member that was on the prevmhng s~de may ask for recons~deratton at the next regular council meeting And how do these rules relate to the 12-month period dunng whtch a rezomng demal ~s ~nehgtble for resubmtttal9 The 12 months runs after the demal of the reconsideration 24 Page 84 What ts the scope of the hardship vartances that the Planmng and Zomng Commtsslon may grant? The lead-m paragraph ~s very broad (applying to "these regulations"), however, the Commtsston's authority ns llmtted by the phrase "the variance will not tn any manner vary the provtstons of the Denton Development Code" A "vmance" will, by defimt~on, "vary" the provts~ons of the code The current code will be checked to make sure that the variance procedure ~s the same 25 Page 86 The "Exactton Vartance" section has the C~ty Councd recommending a variance to ttself Should tt be the Planning and Zomng Commtss~on that makes the recommendation? And, what does the last sentence of th~s section mean9 Exactmn varxances only apply to subdtms~ons and not to zone changes Thxs section was tntended to match the city's current practice The language wall be changed to provtde that P & Z makes recommendatxons to ctty councd 26 Page 86 When will Sectxon 35 4 18, "Vested Rxghts Determ~natton", be avmlable9 We are looking at several orchnances from dtfferent cities If there is a procedure that a c~ty uses that the development commumty hkes, please prowde a copy or the name of the cny 952000 00058 556432 01 77 GENERAL QUESTIONS & COMMENTS Denton Development Code SUB-CHAPTER 35.12 - SITE DESIGN STANDARDS 1 Sublecttve site plan standards and open-ended DRC authority The Handbook states that it is the intent of the city to administer an efficient, fair, and objective development review process To that end, Chapter 35 (and more particularly, Sub-Chapter 35 12) establishes a thorough site plan review process that includes detailed development standards Many of these standards, however, are subjective Moreover, notwithstanding compliance with the applicable detmled standards, the DRC is given the right to impose additional standards a Each development standard represents a possible ground for site plan denial Based on the standards in Sub-Chapter 35 12, site plans for multi-family, non- residential, mixed-use, and some industrial developments may be denied for any of the following reasons (1) There is not a sufficient variety of exterior materials (2) Exterior materials are not compatible (3) There is not a sufficient variety of building styles, mamng, or composition (4) Prominent architectural features (such as door and w~ndow openings, porches, and rooftrees) are not used Denton Comments' The Development Code states, "Building Materials A variety of compatible exterior materials' use and type, building styles, massing composition, and prominent architectural features, such as door and window openings, porches, and rooftrees shall be used. Change to. Budding Materials A variety of budding materials shall be used to prevent blank, windowless, faceless facades Building materials shall be used to d~reet the use of a repeating pattern of change in color, texture, and material modules. Exterior Building Materials are listed in the Site Design Manual (The Site Design Manual should list the building materials and require predominant extemor matermls to be of high quality such as br~ek, wood, sandstone, other natave stone or other high quahty material customarily used for the budding style.) Pagel 1212000 952000 00058 558763 02 78 (5) Bmld~ng frontages greater than 100 feet do not have distinctive changes Change to Any facade in excess of 100 feet shall have recesses, project~ons, windows, awnings, arcades, or other features customarily used for distinct building style to interrupt the length of the faqade. (6) The top floor of buildings over four stones does not contain a distinctive finish (consisting of a cormce or other architectural termination) Change to (7) For some mtfltl-fam~ly developments (a) Variations in the height of adjacent bmld~ngs are not sufficient to mmntmn a traditional staggered streetscape appearance Omit traditional Add - Vary the height of the buildings so that it appears to be divided into distract massing elements. (b) AdJacent bmldings do not vary ~n height and do not otherwise have distractive vertical dlws~ons or vertical facade treatments that visually separate the bmld~ngs Omit distinctive (c) Building foundations (from ground to the bottom of the lower windowsills) do not have changes ~n volume or material that g~ve the building a sense of strength Move to Site Design Manual - as an example (8) For some non-residenual, m~xed-use, and some ~ndustnal developments (a) The entrance ~s not attractive (b) The entrance is not a distinctive and prominent element of the architectural design (c) The primary entrance ~s not readdy apparent as a prominent architectural component (d) Bmldmg hghtmg or vanatmns in mass, surface, or finish do not g~ve emphasis to entrances Page2 1212000 952000 00058 558763 02 79 Change to The primary entrance of a building or store shall have a clearly defined, high visible customer entrance with dlstmgmshmg features such as canopies, porticos or other distinct architectural features (e) There is not a clear visual dtvtston between ground level and upper floors Omat clear. Other suggestions: Relationship to surroundmg community To ensure that the structure is compatible with surrounding streets and commercial and residential developments, the standards require: All facades visible from public streets or adjoining residential properties shall integrate into the community by featuring characteristics slmdar to a front facade of the adjolmng properties. Loading docks, trash collection, and other outdoor storage and activity areas are incorporated into the overall design of the building and landscaping so that the visual and acoustic ~mpacts are fully contained (add to p. 362) (b) If a developer has satxsfled all the applicable detmled development standards, the DRC still has the open-ended right (§35 12 8, pages 366 and 368) to impose such further conditions to site plan approval as it finds necessary, ~nclud~ng the right to reqmre (1) Up to 5% of the total project cost to be spent on landscaping omit (2) Further landscape modifications to ensure proper screening and aesthetic appearance Page 3 12 I 2000 952000 00058 558763 02 80. The applicant needs to submit a site plan that conforms to the screening and buffering reqmrements of 35.8 - move to criteria for approval (3) The retention of emstmg trees, rocks, water ponds or courses and other natural features move to clearing and grading chapter (4) The modification or revlsmn of the placement, design or remodeling of structures and bmldlngs to be consistent with the standards Move to criteria to approve (5) Site development to conform to natural topography (move to cleanng and grading chapter and add) Topography survey, showing the elevation of streets, alleys, buildings, structures, watercourses and their names In addition Significant topographical or physical features of the site, including existing trees over 6" diameter The elevation of the curb m front of each lot Elevations of the top of bank and toe of slope, slope ratio of fill and limits of fill, including access Change to' Minor changes of a previously approved site plan may be approved by the D~rector if: No change in the zoning des~gnation and use of the development No increase in FAR No increase in intensity of use No increase on external effects on adlacent property No ~ncrease in traffic Increase up to 20% or 5,000 square feet whichever is less in ground coverage Page4 12 1 2000 952000 00058 558763 02 81 No change m subject, size, hghtmg or orientation of originally approved signs. No decrease in landscaping or screening or buffering requirements. 2 Protectton and management ofnon-ESAs Sub-Chapter 35 14 prowdes for the protection and management of natural areas that are included within the defimtton of "Enwronmentally Sensitive Areas" (ESAs) Such protection and management are acbaeved through the {}35 14 5 ESA Rewew and by requmng ESAs to be shown on each site plan (Sub-Sectmn A 13, page 330) However, Sub-Section A 19 (also on page 330) reqmres that each s~te plan show other natural features, some of wbach are probably ESAs (e g, creeks, wetlands, and floodplmns) and some of which are probably not (e g, "slgmficant landscape features", "generally forested areas", and "ponds") Moreover, § 35 12 8 D, page 366, gtves the DRC the anthonty to condmon site plan approval on the retention of existing rocks and "other natural features" Consequently, the mty has the open-ended authority to regulate extensive non-ESA areas See ESA answer at the end. 3 Inconsistent and open-ended tree preservatton requirements Multi-family, non- residential, mined-use, and some lndusmal developments (but apparently not single- family developments) are reqmred by varmus prowsmns of Sub-Chapter 35 12 to retain existing healthy trees greater than 6 inches For mult~-famlly developments, there ns an exeeptmn for trees located "m the footprint of a bmldmg, street, or parking area" (Sub- Section 5 e, page 342) For non-residential, m~xed-use, and some industrial braidings (both "not m" and "m" pedestrian districts), trees must be retmned with no exceptions (Sub-Section 2 e, page 348 and Sub-Section 2 f, page 354) If a tree preservation reqmrement is to be apphed to all development, there must be exceptions, otherwise many s~tes will be undevelopable And the exceptions must be expanded to include trees located m other to-be-developed areas such as (1) outside the footpnnt but w~th~n a reasonable dtstance from bmldmg foundations (e g, 6-10 feet), (2) within public or private streets (including stdewalks), (3) within other private drive areas 0ncludlng sidewalks), (4) wtthm fire lanes, (5) w~tban public or private utility or drmnage easements, and (6) w~th~n any area reqmred by the c~ty for on-site detention of storm water To mmgate the ~mpaet of remowng trees within "exception" areas, the c~ty can reqmre that removed tress be replaced on a cahper-~nch for cahper-lnch basis (either on or off-site) If really large trees are removed, the city can require a "two-for-one" caliper inch replacement The cntacal issue ~s that an owner must retain the ability to "s~te plan" where bas improvements will be located Tree replacement should be cost issue not a s~te design xssue Moreover, the DRC cannot have the above-referenced, open-ended authority to reqmre the retantlon of emst~ng trees as a further condmon to s~te plan Page 5 12 I 2000 952000 00058 558763 02 82 approval (§35 12 8 D, page 366) Are there any other city ordinances (other than the ESA provisions of Chapter 35) that will apply to tree preservation9 If so, what are they9 Tree preservation - Standard to save trees with 6" diameter We have the MeFanney ordinance to use as a standard We would like comments from the Chamber on what they want or don't want. Tree preservation will be taken to the council as a workshop item. 4 Ambiguous Apphcabthty standards a Section 35 12 2 appears to establish a two-part test that must be met before a development IS subject to any of the requirements of Sub-Chapter 35 12 The development must be in a "zoning district that requires compliance with design standards", and the development must meet one of seven "thresholds" Is this interpretation correct? Needs to be clarffied. b Section 35 12 2 can be interpreted to apply to planning actions from a rezomng to the issuance of a bmldlng permit For example, the owner of a 2,000 square foot home on a 9,000 square foot lot who wants to add a room larger than 200 square feet could be reqmred to submit a site plan, comply with the landscape, tree canopy, and street tree reqmrements, and comply with the design standards for homes on lots smaller than 10,000 square feet Or, the owner of a commercial site who wants to add one parking space could be required to submit a site plan, comply with the landscape, tree canopy, and street tree requirements, comply with the parking lot landscaping and screemng reqmrements, and comply w~th the design standards for non-residential and mined-use bmldmgs These results are harsh (not to mention problematic under the "vesting statute") The appheabfllty of each of the Sub-Chapter 35 12 provisions should be analyzed for each of the "threshold" activities at each stage in the development process from a rezomng through subdivision to a building permit See above c The first part of the §35 12 2 test requires a development to be in a "zoning district that requires compliance with design standards" What does this mean9 Is this a reference to the "Design Standards" sections of Sub-Chapter 35 59 And if it is, what do those sections mean9 For example, each of the "Design Standards" sections (for all zoning classifications except industrial districts) provides that the respective site design standards only apply to developments that are 'hna pedestrian area" Is that correct9 4 Pedestrtan oriented dtstrtcts What are "pedestrian oriented districts" and "mapped pedestrian areas"? Is there a map or have they otherwise been identified or defined9 Are Page 6 12 I 2000 952000 00058 558763 02 83 they the same thing as the "pedestrian zones" and "pedestrian areas" referenced in Section 35 5? Define which zomng districts are pedestrian oriented. Non-Pedestrian oriented areas are those which adjoin a highway or arterial Non-pedestrian areas along a highway exist only w~thin the 1,320 foot of the h~ghway centerhne or as defined m the chapter. A Pedestrrlan oriented area exists otherwise, including along a collector or local street. 6 Industrial design standards The distance standards for the applicability of the non- residential design standards to mdustrml uses are conflicting Section 35 5 7 6, page 172, can be interpreted to apply the design standards to all industrial development regardless of the dmtance from any roadway Section 35 5 8 6, page 184, provides that the non- resldemlal design standards apply to industrial development "when located within 500 feet of any designated collector or arterial" [no reference to an interstate] Section 35 12 7 D, page 346, provides that the non-residential design standards do not apply "v~thm 500 feet of a collector, arterial or interstate roadway" What is the correct distance standard9 Fix this ESA Review and had a question that relates to Sub-Chapter 35 4 and the accordant "planmng actions" What kind of a planning action is an ESA review9 Is it part of a s~te plan review? Could there be an ESA review that is not part of a site plan review9 Would ~t be reviewed by staff hke a site plan? And, of course, to whom would an applicant appeal an adverse demsIon by stafP I don't think this question is answered by Sub-Chapter 35 14 ESA review is part of site plan review. If no site plan is required and ESA exists on the property, the ESA will be used as a gmdehne in the building permit process Page7 1212000 952000 00058 558763 02 84 FURTHER QUESTIONS & COMMENTS Denton Development Code SUB-CHAPTER 35.12 - SITE DESIGN STANDARDS 1 Addtttonal general comments a References to "Section", "Sub-Chapter", and "Chapter" are used incorrectly For example, {}35 12 1 uses the term "Section" instead of "Sub-Chapter", §35 12 2 uses the term "Chapter" ~nstead of "Sub-Chapter", §35 12 6 B uses the term "S~te Design Chapter" (which does not ernst) instead of "Sub-Chapter", and §35 12 7 A 5 uses the term "Site Review Chapter" (whmh does not ex~st) instead of "Sub-Chapter" We wdl change. b The following terms are used ~nterchangeably "Site Rewew", "Site Rewew Permit", "site plan", "Site Rewew Approval", "s~te design and use" and "s~te rewew" Agmn, these terms should be used cons~stemly We wffi change to "S~te Rewew" for consistency c The defined terms "street" and "private street" are very ~mportant because development adjacent to them ~s reqmred to comply w~th numerous design standards such as braiding orientation, landscape buffers, screemng, and street trees It ~s not clear, however, that these terms, whenever used, are ~ntended to have their defined meanmgs The amb~gmty results, in part, from the repeated use of s~unlar terms such as "pubhc street" (which is redundant), "public right of way", and "private internal streets" Each use of these terms should be confirmed as to their intended meaning for purposes of applying the Sub-Chapter 35 12 design standards And, of course, the terms should be used consistently Ali streets are to be pubhc, we wdl change to be consistent d When ~s a bmld~ng considered "open to the pubhc"9 And what does the term mean9 Uses that prowde sales or services to the pubhc 2 Page 326 -Sectton 35 12 2 - Apphcatton The "threshold" condltaons for the imposition of sxte design standards are chfficult to apply to existing development Th~s ~s particularly true for expansions of exmtmg uses For example, the 1,000-square foot and 10% thresholds are too low (perhaps 5,000 square feet and 50% are more appropriate) In addition, even ~f the square footage or percentage ~s increased, perhaps those thresholds should only be apphed to buildings of a certmn s~ze or larger Moreover, for each threshold condmon, an analysm should be performed as to which design standards should Page 1 12 11 2000 952000 00058 560609 01 85 apply when the condition is satisfied The attached table illustrates the type of analysis that should be performed The Chamber suggests one or more work sessions with the staff would (and perhaps some P&Z Council members) be appropriate We agree that th~s ~s a pohcy issue, we will work with the Chamber to present this ~ssue to P&Z and City Council. 3 Pages 328, 330, and 332 - Section 35 12 4 - Site plan requirements a Site plans will be required relatively early in the development process, in some eases before the details of a proposed development are known (e g, shopping center pad sites or projects that will be developed m phases) and, m others, before it is reasonable to reqmre an owner to meur the expense of determining such details (partacularly where the site plan accompanies a rezomng) An owner may elect to prowde such detmls to obtain a complete staff approval of the development, however, the owner should have the option to defer such details untd later in the development process (but not later than building permit application) The detmls subject to deferment should include 0) locatmn ofpubhc areas, 01) location of parking spaces, (iii) landscape plan, (iv) sign elevations, and (v) arctutectural elevations We agree, but need to insure that such deferred site areas are not designated so as to lead to eventual design ~ssues and that they can be designed to work w~thin the larger s~te plan, b Why are architectural elevations required for single-family homes on >10,000 square foot lots when no bmldmg design standards apply to those lots9 We will change to include an exemption for the submittal requirement, however C~ty Council Is still d~seussmg requiring the standards for all single- family homes. c Can the level of detail for architectural elevations be qualified to include conceptual drawmgs only to the extent necessary to demonstrate compliance with the applicable bmldmg design standards9 Yes d To what extent ~s an owner reqmred to locate ESA on adjacent property9 Only at the property lme9 We are wflhng to reduce ~t to fifty feet (50') e Why, and to what extent, is an owner reqmred to locate existing bmldlngs within 200 feet of the proposed development? Survey qualxty or ~s a sketch sufficient9 Page 2 12 11 2000 952000 00058 560609 Ol 86. To maintain compatibility Fifty feet, survey quality. f Is a 2-foot topo necessary (mcludmg 200 feet outside the proposed development)~ Yes, for the fifty feet. g The requirement to locate "slgmficant landscape features" should be deleted or identified as being provided for mformational purposes only The location of, or proposed modifications to, such features should not form the basis for s~te plan approval And, why ~s an owner required to show such features on adjacem property other than at the property hne'~ To insure good site design. Change It to read: Location of all natural features required by the Tree Preservation Sub-chapter and the Clearing and Grading Sub-chapter 4 Page 332 - Section 35 12 5 - Traffic Impact Ana(¥sts a What is the basis for the 1,000-trip threshold~ It was proposed by our consultants based on national standards Last week, City Council specifically approved this standard. b What is a "trip end"'~ Consists of an origin and destination The term is defined in Institute of Transportatmn Engineers (ITE) manuals. 5 Pages334and336-Sectwn35127~,l-£andscaptngandTreeCanopy a To what portions of a lot do the percentages apply~ Gross lot area~ Bufldable area'~ For example, An EC-I zoning classification allows a maximum lot coverage of 85% (presumably computed on the gross lot area) However, the design standards reqmre a minimum 30% tree canopy coverage Obviously, you can't cover 85% of a site and still have 30% of the site with tree canopy Tree canopy can extend over the buddable area, such as parkang. b When and how do you apply the percentages to a single-family subdlvision~ Do you apply them to the entire subdivision or on a lot-by-lot bas~s9 And how can you apply any of the percentages before the homes are bullt~ An overall basis. Page 3 12 I1 2000 952000 00058 560609 Ol 87 b What "counts" for purposes of complying w~th the tree canopy coverage percentages9 Parking lot trees9 Street trees9 Section 35 12 7 A 5, page 334, provides that the percentages are the "mtmmmn required" Does that mean that all other tree requirements are separate and cannot be counted towards satisfying the canopy percentage reqmrements9 Parking lot and street trees count. Further, the regulations allow the counting of ROW for landscaping percentages. d After all the landscaping reqmrements are satisfied (the m~mmum percentage reqmrements as well as the other landscaping reqmrements in Sub-Chapter 35 12), ~s it the intent of the city to further require all remmmng areas (excluding building and parking areas) to be landscaped, including trees (where adequate room crests)? If yes, what are the standards for those addmonal trees (number, spacing, size, etc )9 The tree requirement will be taken out. Section 35 12.7.A 5 last sentence will read: "areas not used for impervious area wdl be landscaped Landscaping does not mean that ~t has to be planted Page4 12 11 2000 952000 00058 560609 01 88. 89 QUESTIONS & COMMENTS Denton Development Code SUB-CHAPTER 35.12 - SITE DESIGN STANDARDS Additional general quesaons and comments a Landscaping The site design standards for multi-family, non-residential and mixed-use developments contmn numerous landscaping requirements In many cases, these requirements do not include any specific standards In other cases, requirements appear to be duplicated In addition, it is not clear when required landscaping may be counted toward the minimum percent landscaped area and percent tree canopy cover This confusion is illustrated by the attached table ("SUMMARY OF SUB-CHAPTER 35 12 MULTI-FAMILY LANDSCAPE REQUIREMENTS") which analyzes the landscaping requirements applicable to a multi-family development The Chamber recommends that a similar analysis be performed for each type of development contemplated by the new Code and, based on such analyses, sample site plans be prepared to "test" whether the requirements can be achieved b Transportation manual When vall the City of Denton Transportation Criteria Manual be avmlable? January 16 2 Page 334 What is the difference between the site plan approval criteria in Section 35 12 6 C and the approval criteria for preliminary plats9 A site plan may be demed due to lack of adequate public facilities We are researching the issue of adequate public facllmes Meeting Comment Adequate public faclhtles requirement needs to be clarified to indicate what the standard will be that determines that the pubhc facilities are adequate or inadequate 3 Pages 338 and 340 - Residential buddings on individual lots a The subdivisions described in Section 35 12 7 B 1 that trigger the requirement for a site plan review are different from the subdivisions described in Section 35 12 2 D They should be the same We vail make the wording consistent b How do you meet the "primarily" standard for exterior fimshes9 Denton Code Page 1 12 26 2000 952000 00058 564077 01 90 We will take out "primarily" and add" or other materials customarily used for exterior fimshes" c What IS "HDO board''9 cementatlous imitation wood product d Is the "square footage" of a unit the same as its "floor area"9 Yes e What is included in the "footprint" of a unit9 Garage, covered patio, etc ? Defined on page 30 f What is "non-constrained open space"9 Is this a reference to non-ESA or ESA that can be developed? Non-ESA g Can the reqmrements of Sub-Sections B 2 b, B 2 h and B 2 1 all be satisfied (or are they inconsistent)? These requirements should be "tested" against sample site plans They can all be satasfied, remember there are no minimum lot sizes Meeting Comment We will meet with the Chamber sub-group to test these provisions against some scenarios h The reqmrement to vary designs (Sub-Section 2 B c) should only apply to exterior elevations (not floor plans) AdJacent homes should be able to have the same floor plans so long as the exterior elevations are different We will delete the reference to floor plans The Council has discussed increasing the standard to apply to houses within a 5 lot area Meeting Comment Mr Mulroy stated "Support and participation for the Denton Plan was based on more stringent standards for smaller lot developments To now apply these standards to all development is not fair and goes against the intent of the Denton Plan and breaks the froth in which the support of the community was ehelted" I~nton Code Page 2 12 26 2000 952000 00058 56407? 01 4 Pages 340 and 344 - Multiple ttntt residential buddings (1) Why are front yard facade reqmrements measured differently for buddings in a pedestrian oriented d~stnct (a percentage of the "wall facing the street" vs a percentage of the "ground story wall")9 1 In pedestrian d~stncts more of the bmld~ng frontage is required to be at the street and more opemngs are reqmred b The fronts and street sxdes of braidings v~s~ble from the public right of way must be non-reflective and consist of brick, stucco, decorative concrete block, HDO board, architectural grade stone, or natural wood (1) Is this standard sufficiently objective9 We again will add" or other materials customarily used for exterior fimshes" (2) Is the pubhc right of way (from which the street side of a building ts ws~ble) adjacent to the street side of the bmldlng~ If not, this effectively requires three s~des of a building to be constructed w~th such materials because the s~des may be visible from the pubhc right of way adjacent to the front of the braiding Is that the intent9 Yes c Does the term "secondary materials" have a special meaning? No, we could substitute the word "accent" if preferable 5 Page 346 - Multiple unit residential buddings tn pedestrian districts a Is there a "rmmmum frontage" standard for braidings with garages that are at least 30 feet behind the house front9 No b, Does the 15% requirement for building rehef apply to all "exterior wall areas" or only to the front wall 0 e, the wall that faces the front yard of a lo09 Only walls adjacent to pubhe ROWs Denton Code Page 3 12 26 2000 952000 00058 564077 01 92 c How do you provide "recessed or projecting balconies" for "existing" buildings0 And what does "encouraged" mean? A design standard ~s either reqmred or not This suggestion will be moved to the Criteria Manual 6 Pages 350, 356 and 358 - Non-residential and mixed-use buildings a Bmldmg materials must include a variety of compatible exterior materials In addition, the fronts and street s~des of braidings visible from the pubhc right of way must be non-reflective and consist of brick, stucco, decorative concrete block, HDO board, arcbatectural grade stone, or natural wood (1) Are these standards sufficiently objective? We agmn will add" or other materials customarily used for exterior finishes" (2) Is the pubhc right of way (from whmh the street side of a building is wslble) adjacent to the street s~de of the building9 If not, th~s effectively requires three sides of a bmldmg to be constructed w~th such materials because the sides may be visible from the public right of way adjacent to the front of the bmldmg Is that the intent9 Yes 7 Pages 350, 352, 354, 356 and 358 - Non-residential and tntxed-use buildings tn a pedestrian oriented chstrzct a Regarding "orientation and scale" (1) What is the difference between a "main street" and a "side street''9 Is this a "front yard" vs "side yard" distinction9 The intent is to have the orientation of the building towards the pedestrian area We will clarify and put examples ~n the Criteria Manual (2) Do the terms "plaza" and "public open space" have specml meamngs9 Perhaps add them as defined terms9 Yes, we will define (3) If a building is oriented toward a loading or service area, is 40% of the perimeter exempt from all the standards in Sub-Section E 1 b or only exempt from the prohlbit~on agtunst "blank walls''9 Denton Code _Page4 12262000 952000 00058 564077 01 93 Entire Section E 1 b, but will clarify the wording (4) Is ~t reahst~c (for Denton, Texas) to reqmre at least 60% of the street frontage to have buildings w~thin 10 feet of the property hne9 Yes, thas is designated for pedestrian areas (5) Why a mimmum FAR of 0 4 (which 1s relatively dense)9 What areas are included within the terms "plazas" and "pedestrian areas"9 Do they include Interior common areas9 We do not beheve that 0 4 FAR is dense Interior common areas are included Meeting Comment This needs to be tested against some scenarios It may not be workable or reahstlc (1)Sub-Sections 1 c and 1 j are the same Omit 1 j (2) How do you provide "recessed or projecting balcomes, etc" for "ex,sung" bmldlngs9 What does "encouraged" mean9 A design standard ~s either required or not Does "street facing" mean any building elevauon that faces a street (or only the front of the building)9 Will be moved to criteria manual b Regarding "streetscape" (1) What are the screemng and buffering standards for storage areas and loading facflmes See sections 35 8 3 and 35 12 7g (pg 360) All screening requirements will be located in one area and then referenced (2) Why are the screening and buffenng requirements different for storage areas than for loading facilmes9 Storage of materml is more permanent while loading ~s a temporary activity Denton Code Pages 12-262000 94 952000 00058 564077 01 c Regarding "parking and on-site circulation" (1) What as a "protected, rinsed walkway"9 Typically a curbed (rinsed) island with a s~dewalk - wall be clarified (2) What kind of "pedesman facdmes" may connect wah a property (something other than s~dewalks)9 Open spaces and plazas d Regarding "buffenng and screemng" (1) What adjacent uses are lncompatlble~ Resldentml~ And what standards apply to these reqmred buffers and screening9 Typically 1ts res~dentml v~th anything, th~s wall be clarffied (2) What is the correct cross reference for the buffering and screemng standards (Chapter 35 16 ~s "Drmnage Standards") Chapter 35 8 e Regarding "transit amemt~es" (1) Who estabhshes the standards for these amemt~es9 Criteria manual (2) Who pays for them9 Developer 8 Pqtge 360 -Parktng lot landscaptng a Parking lots are defined to mclude "vehmle maneuvenng areas" Th~s creates several problems F~rst, it should be made clear that these areas do not ~nclude private driveways or other private vehicular access or servme areas (partmularly for commercial and industrial development) Second, these areas for commercial and industrial development should be free from ~ntemal landscaping and trees for obvious reasons These maneuvenng areas can be screened from view from pubhc rights of way or screened to protect adjacent development that ~s judged to be ~ncompatlble (e g, res~dentml) Denton Code Page6 12 26 2000 95 952000 00058 564077 01 b Parking lots are also defined to include "loading areas" This creates the same problems as noted above Loading areas for commercml and xndustnal development should also be free from internal landscaping and trees These loading areas can also be screened as noted above Trees are reqmred in parking lots to break-up long rows of parking spaces They are also reqmred to create a tree canopy for the whole site Other than street trees, parking lot trees, or trees reqmred for screemng, there are no requirement to plant trees in a specific location such as a loading zone Meeting Comment Vehicle manuvenng is an overly broad term We wdl clarify SUMMARY OF SUB-CHAPTER 35 12 MULTI-FAMILY LANDSCAPE REQUIREMENTS Requtrement Page Questtons/Cornments _1 Minimum percentage 334 * Based on gross or net lot area~ landscape area and tree 336 * Subsectmn 35 12 7 A 5 prowdes that the percent standards arc "the m~mmum reqmred" and that canopy cover are mqmmd 338 adthtlonal landscaping and tree canopy wdl be rcqmred by other sections Th~s Sub Chapter should alarify which of the adthtlonal landscaping and tree canopy wdl be counted toward meeting these pemant standards The recommended approach ~s to prowde that all additloanl landscaping and trce canopy reqmred by the Chapter wdl count except for [and then speetfieally tdenUfy the exceptions] 2_ All areas not used for 334 * There are other developed areas that should be excluded as well bmlthngs or parking areas 338 · What are thc applicable standards for th~s mqmred landscaping parhcularly for addtoonal treeso must be landscaped (meluthng trees where adequate mom crests) 3_ One tree for anch 30 feet 340 * Presumably this is thc same as thc "street tree" requirements m Subsection H beginning on page of fronarge on a street or 342 362 Is there a reason to duphcate thc rcqmremcnt here* private street (private internal * Regarding the defimtion of public and pnvatc streets arc there any internal driveways (or other streets) vehicular areas) which th~s mqmremcnt does not apply* If yes they should bc defined · Do the trees count toward percent tree canopy cover* 4 Front yard landscaping 342 · Is there a reqmremant for "front yard landscaping" or ~s this a general requirement for shall contain ground cover landscaping that the owner chooses to place In a reqmmd front yard~ shrubs and trees · Is this the same as (or in addtoon to) thc reqmrement for the 10 foot wide landscaped buffer (see Rcqmremant No 7 below)? · What am the standards for th~s required landscaping (parhcularly thc shrubs and trees)~ · Will thc landscaping and trees count toward thc percent landscape area and tree canopy cover* _S 80% ground cover must 342 · Is this a mqmrement that apphcs to all landscaped arcas~ be achieved within five years 6_ Ex,sting trees greater than 342 · Will this reqmremant be deleted from Sub-Chapter 35 12 and incorporated as part of thc Tree 6 tanhcs shall be incorporated Preservation Sub Chapter? into thc required landscaping · Wtll these trees count toward thc percent tree canopy cover? 7_ A mlnimtlm 10-foot 342 · Is the same as (or tn addition to) the general reqmrement identified m Requirement No 4 landscaped area ~s reqmred above? between bmlthngs and * Does this apply to any pubhc or pnvate streets (1 c whether creating a front side or rear yard? adjacent public or prmvate · Regarding the defimtlon of pubhc and private streets arc there any ~ntcmal dnvcways (or other streets vehicular areas) to which th~s requirement does not apply~ If yes they should be defined Denton Code Page ? 12 26 2000 952000 00058 564077 01 96 _8 Parking areas must be 342 · Are these general requirements the same as (or In addmon to) the spectfic parking lot shaded by largo broadlanf landscaping and buffering requ~remants contained in Section (3 beginning on page 360 (see canopy trees arid adequately Requirements No 11, 12 13 and 14 below)? screened and buffered from * And if these general requirements are m addition to what are they~ adjacent uses * And, if these general requirements are in addition to, do they count toward percent landscape area and percent tree canopy cover? _9 At least 8% of thc lot area 342 · Based on gross or net lot arca~ must bc dcthcated to open · What is the difference between "open space" and "landscaped arca"'~ space for recreational use by · Can any open space count toward the percent landscape area~ SUMMARY OF SUB-CHAPTER 35 12 MULTI-FAMILY LANDSCAPE REQUIREMENTS Requtrement Page Questtons/Comments 12 A screen ("developed to 360 * Do this requirement apply regardless of the use on the adjacent property (e g next to a when a parkarg lot abuts a residential dwelling (see Requirement No 14 below)? (trees must crea~ a canopy * How do you "evenly thstribute" the landscaped area? Do you really want landscaping evenly effect and landscaping must distrIbuted in the middle ufa parkmg lot (where ~t ~s much harder to maintmn and much more be evenly thstribated likely to die and be destroyed) or would It be better to have planting areas around the perimeter throughout the parking area of the parking? I the proparty I~ne and · If the setbaok Is measured from the adjacent "resMent~al dwelhng" (as opposed to an adjacent property hne (see Reqmrement No 12 above? 97 QUESTIONS & COMMENTS Denton Development Code SUB-CHAPTER 35 12 - SITE DESIGN STANDARDS I Page 340 - Subsection C 1 c a The requirement to locate mulb-fam~ly parking areas behind buildings creates a secunty problem Parking between buildings and streets can be buffered/screened to make ~t aesthebcally pleasing from the street b Does this requIrement apply to parking ~n the area between a building and a street that would be consIdered a s~de yard? Parking can be placed on the side cf a building The results of the V~sual Quahty Survey ind~cated that the c~t~zens preferred streetscapes There w~ll always be security concerns on any s~te, which good design practices can typically address 2 Page 342 - Subsectlon 6 d a What types of multi-family "play areas" are ~ntended? Landscaped areas or playground equipment? Acbve play areas that have some play eqmpment, we w~ll provide examples ~n the Cntena Manual b If other than landscaped areas, the types of playground equipment should be determined by the owner (based, ~n part, on cons[derabons of safety and hab~hty) Agreed c Th~s requirement should not apply to student apartments The play area requirement does not apply to developments under 20 umts, or that are age hm~ted or that are student housing d The s~ze threshold of 20 umts ~s too small We d~sagree, but what ~s an appropriate threshold? 3 Page 344 - Subsection 8 d Unpainted metal roofs should be allowed We w~ll change to requiring ws~ble metal roofs to be standing seam Further th~s section w~ll be changed from "Color" to "Building Materials" 98. 4 Page 348 - Subsection D a Why should non-residentIal buildings that are NOT ~n a pedestrian d~stnct be required to have their primary orientation toward the street and have pedestrian entrances from the street? Buildings will be reqmred to have primary entrances that may not face the primary parking area for the building Agreed, (The pnmary orientation should be towards the street, but perhaps that may not have to ~nclude a pedestrian access) the first sentence of D 1 c w~ll be deleted We w~ll add text to call for braidings to be built on the street b In Subsecbon D 1 d, the word "may" should be "shall", and are all of the Subsection D requirements wa~ved'~ Agreed 5 Page 352 - Subsecbon E 1 - Orientation and Scale a The requirement to maintain public wews ~nto working areas should be deleted Th~s ~s a privacy ~ssue No one should be required to work ~n an area that is open to pubhc wew all the t~me And ~f the requirement ~s hm~ted to lobbies and pedestrian areas, does th~s mean window bnt and w~ndow treatments are prohibited? Creating a streetscape ~ncludes windows and openings at the street level The use of window treatment and t~nbng (that ~s not opaque or reflective) ~s allowed b The requirement that at least 60% of the street frontage must have buildings within 10 feet of the property hne may not be achievable because of ut~hty easements We w~ll change to respect required or ex~stmg ut~hty easements c The m~mmum FAR requirement must be "tested" for sample s~te plans Can this requirement be met w~th a one-story development on a relatively small lot? And what about code parking? What Is the cost ~mpact? Agreed that ~t should be part of our test cases We have not tned to esbmate the cost of this regulation 6 Page 358 - Subsectlon F 1 b The 300-foot hm~tat~on on continuous building length should be deleted Th~s would ehmlnate many developments, ~nclud~ng malls and schools The "mass" of continuous buildings can be wsually broken up by articulation standards w~thout the need for a maximum building length 99 We w~ll revisit and mwse these "big box" standards to address th~s ~ssue 7 Page 360 - Subsection 2 a The requirement that 10% of gross building floor area be prowded as public space w~ll not work for buildings w~th more than one story The requirement should be based on budding footpnnt In add~bon, what ~s the c~ty trying to achieve with th~s "public space" requirement? We propose that th~s issue be evaluated as a case study The C~ty ~s trying to create pubhc spaces ~n large scale, m~xed use areas 100 CITY OF DENTON, TEXAS NOVEMBEr 10TM, 2000 DENTON DEVELOPMENT CODE FLAGGED ISSUES THE CI'~ COUNCIL HAS SELECTED ISSUES, WHICH THEY HAVE FLAGGED FOR FURTHER REVIEW REGARDING THE DRAFT DENTON DEVELOPMENT CODE THESE ISSUES ARE BEING FURTHER RESEARCHED FOR THE CITY COUNCIL'S REVIEW AND DISCUSSION IN THE COMING MONTHS SHOULD THE DEVELOPMENT CODE 1 CONTAIN REQUIREMENTS THAT REQUIRE BICYCLE PARKING RACKS for COMMERCIAL DEVELOPMENTS? 2 CONTAIN RE;QUIREMENTS TH/~T PROTEC~T I~DIVJDUALTREES~ 3, COUNT TOV~NHOUSES (A~TACHED HOUSING THAT ARE FOR SALE UNITS ON INDIVIDUAL LOTS)~ AS SINGlE-FAMIlY IN, THE HOUSING mix? 4 EXPAND THE SITE DESIGN STaNDaRDS THat ARE PROPOSED TO APPLY ONLY TO LOTS LESS THAN 10,OOO SQUARE FEET TO ALL SINGLE-FAMILY LOTS? /~) ~'/~- ~.,~-- ~:~ ~'~'~,/~]/ ~/,// ~ GHAN~ TH~ HOU~IN~ TAR~ R~TIO OF ~O ~O MULTIFAMILY SINGLE-FAMILY MIX TO 70.307 PLANNING CITY HALL e 215 EAST M(.KINNEY · DENTON/TEXAS * 7~201 PHONE 940/349 8200,TDD 800/735 2989 102 CITY OF DENTON, TEXAS NOVEMBER I0TM, 2000 DENTON DEVELOPMENT CODE FLAGGED ISSUES THE CITY COUNCIL HAS SELECTED ISSUES WHICH THEY HAVE FLAGGED FOR FURTHER REVIEW REGARDING THE DRAFT DENTON DEVELOPMENT CODE THESE ISSUES ARE BEING FURTHER RESEARCHED FOR THE CITY COUNCIL'S REVIEW AND DISCUSSION IN THE COMING MONTHS SHOULD THE DEVELOPMENT CODE 1 CONTAIN REQUIREMENTS THAT REQUIRE bICYCLE PARKING RACKS for COMMERCIAL DEVELOPMENTS~ 2. CONTAIN REQUIREMENTS THAT PROTECT iNDIVIDUAL TREE~ 3 COUNT TOWNHOUS£S (ATTACHED HOUSING THAT ARE FOR SALE UNITS ON INDIVIDUAL LOTS) A~ SINGLE-FAMILY IN ThE HOUSING MIX? 4. EXPAND THE SITE DESI(~N STANDARDS THAT ARE PROPOSED TO APPLY ONLY TO LOTS LESS THAN 10,000 SQUARE FEET TO ALL SINGLE~AMILY LOTS? 5 CHANGE THE HOUSING TARGEt RATIO OF 60 40 MULTIFAMILY TO SINGLE-FAMILY MIX TO 70 30~ Yes. This will encourage the use of bicycles as an alternate means of transportation Existing trees in good condition should be preserved where possible However, protecting a specific tree from development ia not always feasible Are we looking to protect specific species, sizes, etc ~ Yes. Townhomas function as single-family dwellings No. People who purchase large lots should have greater flexibility with regard to the architectural design of homes on those lots. No If multi-family housing stock is too restricted, it will be too expensive for UNT and TWU students to live in Denton. We should encourage college students to live in Denton, rather than commute from DFW It reduces traffic and inproves our tax base CITY HALL ' 215 EAST MCKINNEY · DENTON/TEXAS · 76201 PHONE 940/349 8200'TDD 800/735 29[39 ]-03 Mike Cochran Denton City Counc~ D~stnct 3 Dear Friends and Neighbors, The City of Denton is in the process of re-zoning of the entire city Under this new zoning proposal there will be some changes made to the zoning of your property that will affect you and your neighbors I wanted to point out some of the changes to those of you that have not had time to attend the public meetings Your neighborhood is currently zoned Single Family -7 (SF-7) and under the new designation could be changed to a new category Neighborhood Residential Mixed Use- 12 (NRMU-12). Under this new designation there ~all be many additional uses permitted that will not fit in w~th the current single family character of the area Below is a list of the permitted uses In the Neighborhood Residential M~xed Use - 12 zoning districts that ARE NOT permitted m Neighborhood Residential Districts 2 or 3 Accessory Dwelling Unit/not sublect to Llmltauons Attached SF Dwelling (hke row houses) Dwellings Above Businesses (SUP) Specific Use Permit Llve~ork Un,ts Duplex Multlfamtly Bed and Breakfast (LB up to 8 guest rooms) Professional Services and Of~ces (L 15- up to 5,000 sqft) Retail Sales (£16. up to 1,500 sqft) Commercial Outdoor Recreation Admintstrat~ee or Research Facth~y (L14. up to 10,000 sq ft) Broadcasting or Producuon Facrhtx (SUP) Veterinary Chmcs (SUP) Adult or Child Daycare Private Kindergarten, Elementary Schools Nursing Home Medical Center (SUP) There ~s a process to appeal this designation Attached is a form with which you can make your intentions kno~ to the Planning Staff The area lust to the north of you is designated Neighborhood Residential (NR-3) and if you w~sh your zoning to be consistent with your neighbors I suggest you consider requesting that designation It Is important that you do this as soon as possible If you have any questions please do not hesitate to contact me at home Sincerely, Mike Cochran 940-387-0995 mcochran@~global net MIKE COCHRAN DENTON CITY COUNCIL DISTRICT 3 I request that the following Zoning Map Revisions be placed on the agenda for a Council vote, that the area currently ~n the proposed Downtown University Core district, extending from Bonnie Brae east to Jagoe, along the property l~nes between West Oak and Hickory Streets and north to Scripture, be changed to Neighborhood Residential-3 (NR-3), that the neighborhood north of Scripture currently proposed as NRMU-12, between Gober and Bonnie Brae be included in the NR-3 dlstr~ct, that the area along the east side Bolivar St between Congress to Sunset St move the DUC boundary to the rear property line between Bolivar and Hickory Streets, that both s~des of Oak and Hlckory (extending to a tine drawn along the rear property line between Hickory and Mulberry) between Welch and Williams St be removed from the Downtown University Core area and be classified as NR-3, that the NRMU district on Pearl and Parkway between Denton and Carroll be be changed to the NR-3 category to reflect the existing neighborhood, that the lot situated west of Sequoia Park and east of Ruddell St , between University Dr and Mlngo Rd, that ~s proposed for NRMU be placed in the NR~3 dlstr~ct to reflect the current zoning, that Austin St , between Oakland/Parkway on the south and Oakland on the north be placed ~n a new a sub-category that would omit from the schedule of permitted the followlng Dwellings Above Businesses Live/Work Units Professional Services and Offices (L 14-to 10,000 sq ft) Retail Sales Admlnlstrat~ve or Research Facility SUP Broadcasting or Production Facility SUP Veterinary Clinics SUP Sem~ Public Halls Clubs and Lodges Adult or Child Daycare Private Klndergarten, Elementary Schools Medical Center Bed and Breakfast (L9 15 guest l~mlt) Bottllng Plants (L21 On premise sales/ to 2,500 sq ft ) Private Mlddle School 940-387-0995 ~COCHEAN@IGLOBAL NET 106 ' AGENDA INFORMATION SHEET 9ate_ AGENDA DATE: January 23, 2001 DEPARTMENT: Police Jon Fortune ~ ACM: SUBJECT Receive a staff report, hold a discussion, and give staff direction regarding a proposed revision to Chapter 27, Article III, of the Code of Ordinances regulating vehicles for hire BACKGROUND In October 2000, Gary Naderl, the owner of the only licensed taxicab company in Denton contacted Chief Matheson about rinsing his fares Mr Naderl wanted to raise not only his per mileage rate that ts listed in the current ordinance, but also wanted to raise the other rates to match Dallas and Fort Worth taxi rates Chief Matheson directed Staff to examine the current ordinance to see what addrtlonal areas needed to be updated or changed Staff determined that the current ordinance had many areas that should be revised to be prepared for the projected growth and protect the safety and security of our citizens Staff compared the current ordinance to the ordinances from Dallas, Fort Worth, and DFW Airport After several consultation meetings with Mr Naderl discussing the changes to the taxi ordinance, Mr Naderl requested that we adopt the Dallas ordinance as our own Staff thoroughly reviewed the Dallas ordinance and made changes to address issues specific to our City Because of the extensive nature of the revision, Staff beheves tt would be more efficient and effective to delete Chapter 27, Article III, relating to taxicabs and create article VI titled "Taxicabs, Limousines, and Shuttles" The following is a synopsis of the major changes Oper0.tlng Authority Part B estabhshes an annual operating authority permit requirement and a permit application fee for the company The revision establishes quahficataons of the owner and provides for the suspension and revocation of the permit of an operating authority It also addresses penmt revocation and reinstatement procedures Taxicab, Limousine, and Shuttle Driver's License Part C estabhshes a licensing reqmrement for a taxicab, hmoustne, or shuttle driver and ellglbthty qualifications for an mdtwdual to be licensed by the City to operate a vehicle for hire This sectzon has a detailed list of criminal and traffic convictions that would ! preclude an md~vidual from obtalmng a hcense These requirements wtll assist us ~n protecting our citizens by keeping someone just released from custody for a serious offense from ~mmedlately becoming a taxicab driver Reasons a driver's license may be revoked or suspended by the department and the appeal process drivers can use to get the hcense reinstated are also included m this section Miscellaneous Holder and Driver Regulations Part D establishes the reqmrement of a driver dress code and criteria that must be included such as the prohibition of apparel displaying offensive language It also estabhshes the reqmrement of the keeping of certain records by both the company and the driver Part D also establishes the reqmrements for habthty ~nsurance The current amount required is $100,000/$300,000/$50,000 The proposed ordinance will require a combined single limit of hablhty for boddy injury and property damage of not less that $500,000 for each occurrence for each motor vehmle used by the holder, an increase that ~s believed to be reasonable and necessary due to the rising costs of medical care and repair costs to vehicles Staff contacted several different insurance companies and was advised that this amount of insurance is lower than normally required A representative from a local tnsurance company stated that $1,000,000 is the standard amount written for corporate policies of this type Service Regulations Part E estabhshes the requirement that a tax~cab company must provide service to the entire c~ty, when the driver can refuse a fare, passenger limitations, solicitation of passengers, conduct of drivers, procedures for returmng passengers property and the estabhshrnent and regulation of taxicab stands While there are currently no taxicab stands in operation within the C~ty hm~ts, staff antmlpates the estabhshment of such locattons ~n the future and beheves that it is prudent to include stand regulations at this time Fares Part F establishes the procedure for the setting of fares Currently our ordinance hsts the following charges Minimum fare $1 50, each add~tmnal passenger $1 00, and the per mileage rate depending on gasohne prices from $0 10 per one-tenth mile or $1 00 per mile if gasohne is between $0 60-$0 80 per gallon up to $0 16 per one-tenth mile or $1 60 per mile ff gasoline cost is between $1 81-$2 00 per gallon Currently, the rate being charged is $1 50 per m~le The cost of fares is not listed in the revised ordinance, but is listed m the attached fee ordinance The suggested rates are, $2 00 lmtlal meter drop (mlmmum fare), $2 00 each addat~onal passenger and $0 40 per quarter mile or $1 60 per m~le Th~s section also addresses the rate card display, taximeter testing and fare collection procedures Vehicles and Equipment 2 Part G establishes vehicle reqmrements and inspections This section sets maximum age hmltslfor taxicabs at 72 months (6 yrs ) for a non-alternative fuel vehicle and 108 months (9 yrs ) for a vehicle eqmpped to use alternative fuel This adds an incentive for the Taxicab Company to use alternative fuel vehicles This section also establishes the required equipment for a taxicab, marking of the vehicle and how rates are to be displayed Enfomement Part H provides for the enfomemant of the ordinance with a fine not to exceed $500 for violations of th~s Article OPTIONS I The Cotmcfl can direct staffto place the ordinance on a future Council agenda for adoption 2 The Counml can direct staff to make rews~ons or prowde further Information and present the ordinance for consideration at a later date 3 The Counml can choose not to consider the ordinance for adoption RECOMMENDATION Stafflrecommends Cotmcd consider adoption of the ordinance as written PRIOR ACTION/REVIEW Staff reviewed current ordinances from Dallas, D/FW Airport, and Ft Worth The proposed ordinance was written by the City Legal staff, ~n consultation with the Police Department The Legal Department has approved the ordinance as to form and content FlSl2AL IMPACT The ordinance will not involve any additional costs to the City The ~ncreased costs to the Tax~cab company will be minimal Respectfully submitted, Gary L Matheson Chief of Police ~Prep. ared by Business Area Coordinator 3 S \Our Documents\Ordmances\01\Taxt OrdmauceDenton doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 27 RELATING TO VEHICLES FOR HIRE BY DELETING ARTICLE III TITLED TAXICABS IN ITS ENTIRETY, CREATING ARTICLE VI TITLED TAXICABS, LIMOUSINES, AND SHUTTLES, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That Chapter 27 "Vehicles for Hire" of the Code of Ordinances of Denton, Texas is hereby amended by deleting Article III of Chapter 27 titled "Taxmabs" SECTION 2 That Chapter 27 "Vehicles for H~re" of the Code of Ordinances of Denton, Texas is hereby amended by creating Artmle VI of Chapter 27 t~tled "Taxmabs, L~mouslnes, and Shuttles" to read as follows Chapter 27 ARTICLE VI TAXICABS, LIMOUSINES, AND SHUTTLES PART A GENERAL PROVISIONS Sec 151 Statement ofpohcy Sec 152 General authority and duty of D~rector Sec 153 Exclusions Sec 154 Defimtmns PART B OPERATING AUTHORITY Sec 155 Operating authority reqmred Sec 156 Transferability of operating authonty Sec 157, Annual permit reqmred, service reqmrements Sec 158, Quahficatmn for operating authority Sec 159 Apphcat~on for annual permit Denton City Code 1 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc Sec 160 Annual permtt -Investtgatlon of application and approval Sec 161 Temporary penmt, apphcatlon, purposes Sec 162 Reciprocal agreement Sec 163 Grant of permit Sec 164 Renewal of annual permit Sec 165 Amendment, suspensmn, and revocatmn of operating authority Sec 166 Permit fees Sec 167 Number oftax~cabs authorized Sec 168 Specml provisions of operating authority PART C TAXICAB, LIMOUSINE, AND SHUTTLE DRIVER'S LICENSE Sec 169 Tax~cab, hmouslne, or shuttle driver's hcense required Sec 170 Quallficatmn for taxicab, hmouslne, or shuttle driver's hcense Sec 171 Apphcatlon, fee Sec 172 Investigation of appllcatmn Sec 173 Issuance and demal Sec 174 Explrat~on of taxmab, hmous~ne, and shuttle driver's license, voldance upon suspension or revocation of state dnver's license Sec 175 Prows~onal hcense Sec 176 Probationary license Sec 177 Duphcate license Sec 178 Display ofhcense Sec 179 Suspension by designated representative Sec 180 Suspension and revocation Sec 181 Appeal Sec 182 Falsifying ofa hcense Sec 183 Current mmhng address of licensee PART D MISCELLANEOUS HOLDER AND DRIVER REGULATIONS Sec 184 Holder's and driver's duty to comply Sec 185 Holder's duty to enforce comphance by Drivers Sec 186 Driver as ~ndependent contractor Sec 187 Insurance Sec 188 Apparel to be worn by drivers Sec 189 Dnver's daffy manifest Sec 190 Holder's records and reports Sec 191, Taxmab monthly summary of meter readings Denton C~ty Code 2 S \Our Documents\Ordmanees\01\Tax~ OrdmanceDenton doc PART E SERVICE REGULATIONS. Sec 192 C~ty-w~de taxmab service reqmred Sec 193 Representation ofavmlabfl~ty oftax~cab Sec 194 Refusal to convey passengers by taxmabs Sec 195 Passenger hm~tattons oftaxmabs Sec 196 Carry passengers by d~rect route Sec 197 Sohc~tat~on of passengers by taxmabs Sec 198 Regulations for use oftaxmab stands Sec 199 Conduct of drivers Sec 200 Return of passenger's property Sec 201 Estabhshment of tax,cab stands Sec 202 Servme regulations for bus~ness estabhshments requesting taxmabs for customers PART F TAXICAB FARES Sec 203 Rates of tax,cab fares Sec 204 D~splay of rate card by taxmabs Sec 205 Computatmn of fares for taxicabs Sec 206 Design and testing oftax~meters, fees Sec 207 Tax~cab fare collection procedures PART G VEHICLES AND EQUIPMENT Sec 208 False representation as taxmab Sec 209 Vehtcle reqmrements and ~nspectmns Sec 210 Taxmab age hm~ts Sec 211 Reqmred eqmpment for tax,cabs Sec 212, Taxmab color scheme and d~st~nct~ve markings Sec 213 Reqmred taxmab ~dentfficatmn Sec 214 Tax~cab d~splay receptacle Sec 215 Taxmab decals Sec 216 Not-for-h~re status oftax~cabs Sec 217 Removal ofeqmpment from taxmabs Denton C~ty Code 3 S \Our Documents\Ordinances\0 l\Tax~ Ord~nanceDenton doc PART H ENFORCEMENT Sec 218 Authority to inspect Sec 219 Removal of evadence of authorization Sec 220 Enforcement by pohce department Sec 221 Correction order Sec 222 Servme of notice Sec 223 Appeal Sec 224 Criminal offenses PART A GENERAL PROVISIONS SEC 151. STATEMENT OF POLICY. It as the pohcy of the City of Denton to provide for and to promote adequate and efficient taxmab, hmous~ne, and shuttle servme an the mty To tlus end, th~s chapter provides for the regulation of taxmab, hmous~ne, and shuttle rates and services, to be camed out m a manner that protects the pubhc health and safety, promotes the pubhc convemence and necessity, and respects the concept of free enterprise SEC 152 GENERAL AUTHORITY AND DUTY OF DIRECTOR The d~rector shall ~mplement and enfome th~s chapter as he determines necessary to discharge has duty under, or to effect the pohcy of thas chapter SEC 153. EXCLUSIONS Thas chapter does not apply to (1) the transportatmn of a person by taxmab, hmouslne, or shuttle hcensed by another governmental entity from a point outside the city to a destmatmn lnsade the mty, ~f the taxmab, hmousane, or shuttle leaves the city without receiving a passenger mslde the c~ty, (2) a taxacab, hmousane, or shuttle servme operated under state or federal authority unless the servme ~s subject to the c~ty's regulatory authority, or Denton C~ty Code 4 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc (3) a motor vehicle used to transport persons for hare that is regulated by other mty ordinance SEC 154. DEFINITIONS The definltaon of a term an this section apphes to each grammatical vanataon of the term In thas chapter, unless the context reqmres a different defimtmn (1) ALTERNATIVE FUEL means natural gas, hquefied petroleum gas, electnmty, methanol or methanol / gasoline blends of 85 percent or greater, or ethanol or ethanol / gasoline blends of 85 percent or greater (2) ANNUAL PERMIT means permmslon granted by the city to a person to operate a taxicab, limousine, or shuttle service inside the caty for a period of one year, renewable under the provlsaons of this chapter (3) CONVICTION means a conviction in a federal court or a court of any state or foreagn natron or pohtmal subdavlslon of a state or foreagn nation that has not been reversed, vacated, or pardoned (4) DEPARTMENT means the department designated by the mty manager to enforce and administer this chapter (5) DIRECTOR means the chrector of the department designated by the mty manager to enfome and admlmster this chapter and includes representatives, agents, or department employees desxgnated by the darector (6) DISPATCHING FACILITY means a fixed famhty (A) at which requests for taxicab, hmousme, or shuttle service are received, (B) from whmh drivers are notffied, by radm or any other electromc commumcataon system, of requests for taxacab, hmousane, or shuttle service, and (C) to which drivers communicate, by radm or any other electromc communlcat~on system, their avallabtlaty to provade the requested tax~cab, limousine, or shuttle service Except when being operated from the permanent and estabhshed place of business reqmred under Section 159 ofth~s chapter, the term does not anclude any famhty Denton City Code 5 S \Our Documents\Ordmances\O 1 \Tax~ Ord~nanceDenton doc from which the primary adm~mstrat~ve operations of the tax~cab, hmous~ne, or shuttle service are conducted or at which taxicabs are parked, stored, repmred, or malntmned (7) DRIVER means an ~ndlvldual who drives or operates a tax~cab, hmous~ne, or shuttle (8) HOLDER means a person who ~s granted an armual permit under flus chapter If the context ~n which the term ~s used apphes to operations under a temporary permit or remprocal agreement the term "holder" ~ncludes a person who ~s granted a temporary permit or reciprocal agreement (9) LEGAL RESIDENT means a cmzan of the United States or a person residing ~n the Umted States ~n accordance with federal immigration laws (10) LIMOUSINE means a motor vehicle that ~s a luxury sedan w~th a manufacturer's rated seating capacity of not more than 15 passengers that is used for the transportation of persons from a location ~n the c~ty to another location e~ther inside or outside the city (11) OPERATE means to drive or to be ~n control of a taxicab, hmousme, or shuttle (12) OPERATING AUTHORITY means an annual permit, temporary permit, or reciprocal agreement granted under this chapter (13) OPERATOR means the driver of a tax~cab, hmous~ne, or shuttle, the owner of a taxicab, limousine, or shuttle, or the holder of a taxmab, hmous~ne, and shuttle operating authority (14) OWNER means the person to whom state hcense plates for a vehicle were ~ssued (15) PERSON means an ~nd~vldual, corporation, government or governmental subdlwmon, or agency, trust, partnership, or two or more persons having a joint or common economic interest (16) RECIPROCAL AGREEMENT means an agreement between the mty and one or more polltmal subdivisions to provide reciprocal operation of tax~cabs, hmousmes, or shuttles (17) SHUTTLE means a van-type motor vehicle that has a manufacturer's rated seating capacity of not less than seven passengers and not more than fifteen passengers and is used for the transportation of persons from a location ~n the c~ty to another location e~ther ms,de or outside the city Denton City Code 6 S \Our DocumentsXOrdmances\01\Taxt OrdmanceDenton doc (18) TAXICAB means a chauffeured motor vehicle w~th a rated passenger capamty of eight or less, used to transport persons for hire that typically operates on ~rregular routes, trregular schedules, and a call and demand basis, but not ~ncludtng hmous~nes or specml service vehmles (19) TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE means a license ~ssued to an lndlwdual by the director authorizing that person to operate a taxmab, hmouslne, or shuttle in the c~ty (20) TAXICAB, LIMOUSINE, OR SHUTTLE SERVICE means a passenger transportation service operated for hire that uses taxmabs, hmousmes, or shuttles m the operation of the service and includes (but is not hmlted to) a faclhty from which the servme ~s operated, tax~cabs, hmouslnes, or shuttles used in the operation, and a person who owns, controls, or operates the service (21) TAXICAB STAND means a pubhc place reserved exclusively for use by taxicabs (22) TAXIMETER means a dewce that mechanically or electronically computes a fare based upon the distance traveled, the t~me the taxicab is engaged, and any other bas~s for charges which are spemfied ~n the operating authority or rate ordmance pertalmng to the holder (23) TEMPORARY PERMIT means permission granted by the c~ty to a person to operate a taxmab, hmousme, or shuttle servme inside the mty for a spemfied period of t~me less than one year PART B. OPERATING AUTHORITY. SEC 155 OPERATING AUTHORITY REQUIRED (a) A person may not operate a taxicab, hmous~ne, or shuttle service reside the c~ty w~thout operating anthonty granted under th~s chapter, nor may a person transport a passenger for h~re ms,de the mty by taxicab, hmous~ne, or shuttle unless the person dnvmg the tax~cab, hmous~ne, or shuttle or another who employs or contracts w~th the driver has been granted operattng authority under th~s chapter (b) A person shall not engage or h~re a tax~cab, hmousme, or shuttle which he knows does not have operating authority from the c~ty Denton City Code 7 S \Our Documents\Ordmances\01\Taxl OrdmanceDenton doc SEC 156. TRANSFERABILITY OF OPERATING AUTHORITY (a) An annual permit may not be transferred to another unless the holder files a written application for the transfer in the manner and containing the Information prescribed by the director, and the transfer application is approved by the director (b) A temporary permit or reciprocal agreement is not transferable SEC 157. ANNUAL PERMIT REQUIRED, SERVICE REQUIREMENTS (a) Before an annual permit is granted, the application for the annual permit must be approved by the director The granting of an annual permit is in the discretion of the director, but will not be granted unless (1) the proposed taxicab, limousine, or shuttle service is required by the public convenience and necessity, and (2) the applicant qualifies for operatmg authority under Section 158 of ttus chapter and is otherwise fit, wlllmg, and able to operate the taxicab, limousine, or shuttle service m accordance with the requirements of this chapter, roles and regulations of the director, pmvls~ons of the annual permit, and other applicable law (b) The holder of an annual taxicab permit must provide taxicab service as specified in the permit with a minimum of 3 taxicabs SEC 158. QUALIFICATION FOR OPERATING AUTHORITY (a) To qualify for operating authority, an applicant must (1) be at least 19 years of age, (2) be currently authorized to work full-time ~n the United States, (3) be able to communicate in the English language, and (4) not have been convicted or placed on probation or deferred adjudication for a crime (A) involving Denton City Code 8 S \Our Documents\Ordlnances\01\Tam OrdmanceDenton doc 0) criminal hommlde as described m Chapter 19 of the Texas Penal Code, (n) kidnapping as described in Chapter 20 of the Texas Penal Code, a sexual offense as described in Chapter 21 of the Texas Penal Code, (iv) an assaultive offense as described in Chapter 22 of the Texas Penal Code, other than a Class C misdemeanor, (v) robbery as described in Chapter 29 of the Texas Penal Code, (vi) burglary as described in Chapter 30 of the Texas Penal Code, theft as described in Chapter 31 of the Texas Penal Code, but only if the violation is pumshable as a felony, (viii) fraud as descnbed in Chapter 32 of the Texas Penal Code, (ix) tampenng with a governmental record as described in Chapter 37 of the Texas Penal Code, (x) public Indecency (pmstltutmn or obscenity) as described in Chapter 43 of the Texas Penal Code, (x0 the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, but only if the violation is punishable as a felony, (xn) a violation of Chapter 483, Dangerous Drags, of the Texas Health and Safety Code that is pumshable as a felony, (xm) a violation of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that is punishable as a felony, or (xlv) criminal attempt to commit any of the offenses listed in Subdivision (4)(A)0) through (xm) (B) for which (0 if the applicant was conwcted for a misdemeanor offense, less than two years have elapsed since the date ofconmctlon or the date of release from confinement imposed for the conviction, whichever is the later date, Denton City Code 9 S \Our Documents\Ord~nances\Ol\Tam OrdmanceDenton doc (II) If the apphcant was placed on probation or deferred adjudication for a m~sdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adjudication, (m) xf the applicant was convicted for a felony offense, less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date, (IV) if the apphcant was placed on probation or deferred adjudication for a felony offense, less than five years have elapsed since the date of successful completion of probation or deferred adjudication, (v) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever ~s the later date, If, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses, or (v0 less than five years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, wtuchever is the later date, fi, within any 24-month period, the applicant has been placed on probation or deferred adjudication two or more t~mes for any m~sdemeanor offense or combination of misdemeanor offenses (b) An applicant who has been sentenced for an offense listed in Subsection (a)(4), for which the reqmred time period listed above has elapsed, may qualify for operating authonty only if the (hrector determines that the apphcant is presently fit to provide a public transportation service and only if the offense or offenses the applicant was sentenced for was not a felony offense listed in Subsection (a)(4)0)-(v0 In detenmmng present fitness under thru section, the d~rector shall consider the following (1) the extent and nature of the applicant's past criminal activity, (2) the age of the applicant at the time of the commission of the crime, (3) the amount of time that has elapsed since the applicant's last criminal activity, Denton C~ty Code 10 S \Our D ocuments\Ordmances\O 1 \Tax~ Ord~nanceDenton doc (4) the conduct and work activity of the apphcant prior to and following the criminal activity, (5) evidence of the apphcant's rehablhtatlon or rehablhtat~ve effort while ~ncarcerated or following release, and (6) other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodml responsibility for the apphcant, the shenff and chief ofpohce in the commumty where the apphcant resides, and any other persons ~n contact with the apphcant (c) It ~s the responsibility of the apphcant, to the extent possible, to secure and provide to the d~rector the evidence reqtured to determine present fitness under Subsection (b) of th~s section SEC 159. APPLICATION FOR ANNUAL PERMIT (a) To obtain an annual permit, a person shall make apphcatlon to the d~rector ~n the manner prescribed by th~s section The apphcant must be the person who will own, control, or operate the proposed tax~cab, hmous~ne, or shuttle service An apphcant shall file v~th the director a written, verified apphcatlon statement, to be accompanied by a nonrefundable apphcat~on fee of $150, containing the following (1) the form of business of the apphcant and, ffthe bus~ness ~s a corporation or association, a copy of the documents estabhshmg the business and the name, address, and c~t~zensh~p of each person w~th a d~rect ~nterest m the business, (2) the name, address, and verified slgnatnre of the apphcant, (3) an actual or pro forma statement and balance sheet showing the habflmes, and eqmty of the bus~ness, (4) a description of any past business experience of the apphcant, particularly m prowding passenger transportation services, and an ~dent~ficat~on and description of any revocation or suspension of a permit held by the apphcant or busmeas before the date of filing the apphcat~on (5) the number of vehicles and a description of the vehicles the apphcant proposes to use m the operation of the tax~cab, hmous~ne, or shuttle service, and a description of the operations of the proposed taxicab, limousine, or shuttle service and the 1ocat~on of the fixed facilities to be used in the operation, Denton C~ty Code 11 S \Our Documents\Ordinances\01 \Tax10rdmanceDenton doc (6) if the applicant is seeking a taxicab annual permit, a description of the proposed lnstgma and color scheme for the apphcant's taxicabs and a description of the distinctive item of apparel or item placed on the apparel to be worn by the apphcant's taxicab drivers, (7) documentary evidence from an insurance company, authorized to do business in the State of Texas, mdmatlng a wllhngness to provide liability insurance required by this chapter, (8) documentary evidence of payment of ad valorem taxes on the property to be used in connection w~th the operation of the proposed taxicab, hmous~ne, or shuttle service, (9) proof of a permanent and established place of business w~thln the City of Denton, the location of which complies with the Denton Development Code, from which the proposed taxicab, limousine, or shuttle service w~ll be operated, which place ofbusmess may, but ~s not required to, ~nclude the dispatching facility for the tax~cab, limousine, or shuttle service, (10) such additional ~nformation as the apphcant desires to include to aid in the determlnatmn of whether the requested operating authority should be granted, and (1 I) such additional information as the director considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety (b) A holder shall notify the director in wntlng of any change of address or change in ownership or management of a taxicab, limousine, or shuttle service not less than 10 days prior to the change (c) The established place of business required by Subsection (a)(9) ofth~s section must be kept open from 9 00 a m to 5 00 p m weekdays, other than recogmzed hohdays, and must be staffed and equipped to receive telephone calls dunng all bus~ness hours SEC 160. ANNUAL PERMIT - INVESTIGATION OF APPLICATION AND APPROVAL (a) Upon receipt of an application for an annual permit the director shall conduct an investigation and make findings of fact concerning public convemence and necessity and other relevant factors, mcludlng, but not limited to (1) the number oftaxmabs, limousines, or shuttles presently in operation ~n the city, Denton City Code 12 S \Our Documents\Ordinances\01 \Tax~ OrdmanceDenton doc (2) the pubhc transportation needs of the city and the adequacy of ex~stlng transportation services, including existing holders, to meet those needs, (3) whether existing holders can render the proposed addmonal tax~cab, hmous~ne, or shuttle service more efficiently or effectively than the applicant, (4) the effect of the proposed additional taxicab, limousine, or shuttle servme on traffic conditions, taxicab drivers' working conditions and wages, and existing holders and public mass transportation services, and (5) the character, experience, and fiscal responsibilities of the apphcant (b) The apphcant for an annual penmt has the burden of promng that the public convemence and necessity reqmre the proposed taxmab, limousine, or shuttle service and that the apphcant is qualified and finanmally able to prowde the service proposed in the apphcatlon SEC 161 TEMPORARY PERMIT; APPLICATION, PURPOSES (a) To obtain a temporary permit, a person shall make apphcatlon to the director Upon receipt of an application for a temporary permit, the director shall g~ve reasonable notice to all holders of h~s conmderatlon of the apphcatlon (b) After the director considers the apphcatmn, the director may ~ssue a temporary permit for the purposes of (1) providing supplemental services dunng periods of extraordinary demand, or (2) to assess the feasibility of new technology or services (c) A temporary permit ~s not renewable SEC 162 RECIPROCAL AGREEMENT Upon approval of the c~ty counml, the city manager may enter into a reciprocal agreement w~th one or more political subdivisions to provide reciprocal operation and mutual regulatmn of taxicab, limousine, or shuttle services between the city and other pohtmal subdlwslons The d~rector shall give all holders reasonable notice of when a remprocal agreement is to be considered by the c~ty council Denton C~ty Code 13 S \Our Documents\Ordmances\O 1 \Tax~ OrdmanceDenton doc SEC 163. GRANT OF PERMIT Upon approval of an appheat~on for an annual or temporary permit by the d~rector, the d~rector shall promptly ~ssue the permit and incorporate ~n the permit the duration of the permit and such other terms or cond~tmns as the al:rector determines are necessary SEC 164. RENEWAL OF ANNUAL PERMIT. (a) An annual permit ~s automatmally renewed unless the director notffies the holder, before the renewal date, of an mtentlon to recommend demal of the permit renewal based on a determination that (1) the holder ~s not in comphance w~th the permit or apphcable provisions of thru code, department regulatmns, or other law, or (2) the holder does not quahfy for operatmg authority under Sectmn 158 of th~s chapter or is otherwise not fit, w~lhng, or able to continue to operate the taxmab, hmousme, or shuttle servme m accordance w~th the permit and apphcable provisions of th~s code, department regulations, and other law, or (3) public convemence and necessity do not reqmre the continued operation of the taxicab, hmoumne, or shuttle servme (b) A holder desmng a change in the terms or conthtlons of the permit must file w~th the d~reetor, not fewer than 60 days before the permit expires, a written request stating reasons for the requested changes (c) M~nor changes may be made m a permit by the d~rector (d) If the threetor determines that a demal of a permit renewal or material change ~n the terms or cond~tmns of the permit ~s reqmred by pubhc eonvemence and necessity, then he may deny renewal of the permit or make changes m the terms or condmons of the permit A holder may request a change m the terms or cond~tmns ofh~s permit and the d~rector may grant the change ~f the change ~s reqmred by pubhc convemence and necessity (e) If the permit expires at no fanlt of the holder before a ruhng on the approval or demal of the renewal, the holder may continue to operate the taxmab, hmousme, or shuttle servme pending a final decmmn The holder shall cease operatmn of the taxmab, hmoumne, or shuttle service ~mmedmtely upon demal of the request for renewal by the d~rector (f) A holder may file an appeal of the d~rector's demsmn not to renew a permit m accordance with Sectmn 181 of th~s ordinance Denton C~ty Code 14 S \Our Documents\Ordinances\01 \Taxi OrdmanceDenton doc SEC 165. AMENDMENT, SUSPENSION, AND REVOCATION OF OPERATING AUTHORITY. (a) Suspension and revocation of permit The following regulations apply to the suspension or revocation of a temporary or annual permit (1) The director may suspend or revoke a permit if the director determines that the holder (A) failed to comply w~th a correction order issued to the holder by the director, within the time spemfied ~n the order, (B) lntent~onally or knowingly ~mpeded the department or other law enforcement agency ~n the performance of Its duty or execution of its authority, (C) fmled to comply w~th this chapter, (D) does not quahfy for operating authority under Section 158 of this chapter, (E) has been convmted of a wolation of another city, state, or federal law, whmh violation reflects unfavorably on the fitness of the holder to perform a pubhc transportation sermce, (F) ~s under indmtment for or has been convicted of any felony offense while holding taxicab, hmousine, or shuttle operating authority, (G) substantially breached the terms of the permit, (H) failed to pay c~ty ad valorem taxes on any property of the holder used d~rectly or indirectly ~n connection with the taxmab, limousine, or shuttle service, or (I) failed to pay a permit fee at the time it was due (2) A suspension of a permit does not affect the expiration date of the permit (3) After revocation of a perrmt, a holder is not eligible for a permit for a period of two years (b) Reinstatement After suspension of a permit, a holder may file an appeal in accordance w~th Section 181 of this chapter The director shall Inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the Denton City Code 15 S \Our Documents\Ordmances\01\Tax~ OrdlnanceDenton doc holder After inspection, the director shall submit his recommendation together with supporting facts to the city manager or his designee SEC 166. PERMIT FEES (a) A holder of an annual permit shall pay the city a permit fee of $250 a year for each taxicab, hmousme, or shuttle authorized by the permit or an amount stated ~n the permit The fee for a temporary permit is that which is stated in the permit A permit fee is payable in the manner and at the time prescribed by the permit (b) If a holder of an annual permit is licensed by another governmental entity, the permit fee shall be reduced to $100 a year for each taxmab, limousine, or shuttle SEC 167. NUMBER OF TAXICABS AUTHORIZED The thrector may make studies and surveys concerning the public convenience and necessity and may, fi:om time to time, prescribe the number oftaxmabs authorized for, and operated by a holder m order to adequately provide taxicab service in the city SEC 168. SPECIAL PROVISIONS OF OPERATING AUTHORITY Tins chapter governs the operation of taxicab, hmouslne, or shuttle service under each form of operating anthonty Tins chapter, however, is not a llm~tatlon on the power of the city council to incorporate ~n a grant of operating authority spemal prows~ons relating to the operatmn of the taxmab, hmousme, or shuttle service under the grant To the extent that a special provision conflicts w~th tins chapter, the spemal provision controls PART C TAXICAB, LIMOUSINE, AND SHUTTLE DRIVER'S LICENSE SEC 169 TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE REQUIRED Denton City Code 16 S \Our Documents\Ordmances\Ol\Tax~ OrdtnanceDenton doc (a) A person may not operate a taxicab, limousine, or shuttle inside the city without a valxd taxicab, limousine, or shuttle dnver's license issued to the person under this articIe, except when authorized in a remprocal agreement (b) A holder or taxicab, limousine, or shuttle owner may not employ or contract with a driver or otherwise allow a person to drive for hire a taxicab, limousine, or shuttle owned, controlled, or operated by the holder or taxicab, limousine, or shuttle owner unless the person has a valid taxicab, limousine, or shuttle dnver's license ~ssued under this article, except when authorized m a reciprocal agreement SEC 170. QUALIFICATION FOR TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE (a) To qualify for a taxicab, hmouslne, or shuttle driver's license, an applicant must (1) be at least 19 years of age, (2) be currently authorized to work full-time m the Umted States, (3) hold a valid driver's license issued by the State of Texas, (4) be able to eommumcate m the English language, (5) not be afflicted with a physical or mental disease or dlsabahty that is hkely to prevent the applicant from exercmmg ordinary and reasonable control over a motor vehicle or that is hkely to otherwise endanger the pubhc health or safety, (6) not have been convicted of more than four moving traffic violations arising out of separate transactions, or involved in more than two automobile accidents in which it could be reasonably determined that the applicant was at fault, wlthm any 12- month penod dunng the preceding 36 months, (7) not have been convicted or placed on probation or deferred adjudication for a crime (A) involving criminal homicide as described in Chapter 19 of the Texas Penal Code, (II) kidnapping as described in Chapter 20 of the Texas Penal Code, Denton City Code 17 S \Our Documents\Ordmances\Ol\Tam Ord~nanceDenton doc (111) a sexual offense as described in Chapter 21 of the Texas Penal Code, (iv) an assaultive offense as described in Chapter 22 of the Texas Penal Code, other than a Class C misdemeanor, (v) robbery as described in Chapter 29 of the Texas Penal Code, (v0 burglary as described in Chapter 30 of the Texas Penal Code, (vii) theft as described in Chapter 31 of the Texas Penal Code, but only if the violation is punishable as a felony, (viii) fraud as described in Chapter 32 of the Texas Penal Code, (ix) tampenng with a governmental record as described in Chapter 37 of the Texas Penal Code, (x) public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code, (x0 the transfer, carrying, or possession of a weapon m violation of Chapter 46 of the Texas Penal Code, but only ffthe violation is pumshable as a felony, (xn) a violation of Chapter 483, Dangerous Drugs, of the Texas Health and Safety Code that is punishable as a felony, (xln) a violation of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that is punishable as a felony, or (xlv) criminal attempt to commit any of the offenses hsted in Subdivision (7)(A)0) through (xm) of this subsection, (B) for which 0) If the applicant was convicted for a misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, (ii) if the apphcant was placed on probation or deferred adjudication for a misdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adjudleatlon, Denton City Code 18 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc (m) ~fthe apphcant was conwcted for a felony offense, less than five years have elapsed since the date of conviction or the date of release from confinement for the conv~cUon or the date of release from parole, whichever ~s the later date, 0v) ~fthe applicant was placed on probatton or deferred adjud~catmn for a felony offense, less than five years have elapsed since the date of successful completxon of probatmn or deferred adjudication, (v) less than five years have elapsed since the date of the last conviction or the date of release fi'om confinement for the last conwctmn, whmhever ~s the later date, ~f, wxthln any 24-month period, the apphcant has two or more conwct~ons of any m~sdemeanor offense or combination of m~sdemeanor offenses, or (vi) less than five years have elapsed since the date of the successful completion of probation or deferred adjudmatmn for the last offense, whichever ~s the later date, ~f, w~thtn any 24-month period, the applicant has been placed on probation or deferred adjudmat~on two or t~mes for any misdemeanor offense or combination of misdemeanor offenses, (8) not have been conwcted of, or discharged by probation or deferred adjuchcatlon for, driving whale ~ntoxmated (A) w~thln the preceding 12 months, or (B) more than one t~me within the preceding ten years, (9) not be addmted to the use of alcohol or narcotics, (10) be subject to no outstanding warrants of arrest, (11) be sanitary and well-groomed in dress and person ~n comphance w~th Section 188(a) of this chapter, (12) have a vahd contract w~th or be currently employed by a holder, and (13) have successfully completed w~thm the preceding 12 months a defensive dnwng course approved by the National Safety Council and be able to present proof of completmn Denton City Code 19 S \Our Documents\Ordanances\01\Taxl OrdmanceDenton doc (b) An applicant who has been sentenced for an offense hsted in Subsection (a)(7) or (8), for winch the required time period provided by this ordinance has elapsed, may qualify for a taxicab, hmousme, or shuttle driver's license only if the director determines that the applicant is presently fit to engage in the occupation of a taxicab, hmousine, or shuttle driver In determining present fitness under this section, the director shall consider the following (1) the extent and nature of the apphcant's past criminal activity, (2) the age of the apphcant at the time of the commission of the crime, (3) the amount of time that has elapsed since the applicant's last criminal activity, (4) the conduct and work activity of the applicant prior to and following the criminal act~wty, (5) evidence of the applicant's rehabilitation or rehablhtatlve effort while incarcerated or following release, and (6) other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, the shenff and chief of pohce m the community where the applicant resides, and any other persons in contact with the apphcant (c) It is the responsibility of the apphcant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section and under Section 176(a) of this article SEC 171. APPLICATION, FEE To obtain a taxicab, hmousme, or shuttle driver's hcense or renewal of a taxicab, limousine, or shnttle driver's license, a person must file with the department a nonrefundable application fee of $10 and a completed written application on a form provided for the purpose The director shall reqmre each applicatmn to state such information as he considers necessary to determine whether an applicant is qualified SEC 172. INVESTIGATION OF APPLICATION (a) For the purpose of determining quahficatmn under Section 170(a)(5), the director may require an applicant to submit to a physical examination at applicant's expense conducted by a hcensed physician and to furnish to the director a statement from the physician which certifies that the physician has examined the applicant and that in the physician's professional opinion the applicant is quahfied under Section 170(a)(5) Denton C~ty Code 20 S \Our Documents\Ord~nances\Ol\Tax~ OrdinanceDenton doc (b) Upon request of the &rector, the police department shall investigate each applicant and furmsh the director a report concerning applicant's qualification under Section 170(a)(7) The mumc~pal court shall furnish the director a copy of the applicant's motor vehicle dnvmg record and a list of any warrants of arrest for the applicant which might be outstanding (c) The director may conduct such other investigation as he considers necessary to determine whether an applicant for a taxicab, hmousme, or shuttle driver's license ~s quahfied SEC 173. ISSUANCE AND DENIAL. (a) If the chrector determines that an applicant ~s qualified, the director shall issue a license to the applicant (b) The director shall delay until final adjudication the approval of the application of any applicant who is under lndactment for or has charges pending for (1) any offense listed m Seetaon 170(a)(7)(A), or criminal attempt to commit any of those, or (2) any offense involving drtvlng while intoxicated (c) The director may deny the application for a taxicab, limousine, or shuttle driver's license if the applicant (1) is not qualified under Section 170, (2) refuses to submit to or does not pass a medical or written examination authorized under Section 172, (3) makes a false statement of a material fact in his application for a taxicab, hmous~ne, or shuttle driver's license (d) If the director determines that a license should be denied the applicant, the director shall notify the applicant in wntmg that h~s apphcatlon ~s denied and ~nclude in the notice the reason for denial and a statement informing the applicant of his right of appeal in accordance with Section 181 of this chapter SEC 174. EXPIRATION OF TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE, VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE Denton City Code 21 S \Our Documents\Ordinances\01 \Taxi OrdmanceDenton doc (a) Except in the case of probationary and prowslonal licenses, a taxicab, limousine, or shuttle driver's heense expires two years from the date of issuance (b) If a licensee's state driver's license ~s suspended or revoked by the state, his taxicab, hmousme, or shuttle driver's license automatically becomes void A licensee shall notify the director and the holder for whom he drives within three days ora suspension or revocation of his driver's license by the state and shall immediately surrender his taxicab, limousine, or shuttle driver's license to the director SEC 175. PROVISIONAL LICENSE. (a) The director may issue a provisional taxmab, hmouslne, or shuttle driver's license if he determines (1) that the number of taxicab, hmousme, or shuttle drivers ~s inadequate to meet the city's need for taxicab service, in which case he may issue the number necessary to meet the need, or (2) that it is necessary pending completion of investigation of an applicant for a tamcab, limousine, or shuttle driver's hcense (b) A prowslonal taxicab, hmouslne, or shuttle driver's license expires on the date shown on the license, not to exceed 45 days from the date of Issuance, or upon the applicant's being demed a tax,cab, limousine, or shuttle driver's license, whichever occurs first (c) The director shall not issue a provisional license to a person who has been previously demed a taxicab, hmousme, or shuttle driver's license (d) The director may issue a provisional hcense to a person holding a state driver's license SEC 176 PROBATIONARY LICENSE (a) The director may issue a probationary taxicab, Ilmouslne, or shuttle driver's license to an apphcant who is not qualified for a taxicab, hmousine, or shuttle driver's license under Section 170 If the apphcant (1) could quahfy under Section 170 for a taxicab, limousine, or shuttle driver's hcense within one year from the date of apphcation, (2) holds a vahd state driver's license or occupational driver's license, and Denton C~ty Code 22 S \Our Documents\Ordinances\01 \Taxi OrdmanceDenton doc (3) ts determined by the director, using the criteria hsted in Section 170(b) of this article, to be presently fit to engage in the occupation of a taxmab, hmousme, or shuttle driver (b) A probationary taxmab, limousine, or shuttle driver's license may be issued for a period not to exceed one year (c) The director may prescribe appropriate terms and conditions for a probationary taxicab, limousine, or shuttle driver's license as he determines are necessary SEC 177. DUPLICATE LICENSE Ifa taxicab, limousine, or shuttle drtver's hcense is lost or destroyed, the director shall issue the licensee a dupheate hcense upon payment to the city ora duplicate license fee orS10 SEC 178. DISPLAY OF LICENSE A taxicab driver shall at all times conspicuously display a taxmab driver's license on the clothing of the driver's upper body A taxicab, limousine, or shuttle driver shall allow the director or a peace officer to examine the driver's taxicab, limousine, or shuttle driver's license upon request SEC 179. SUSPENSION BY DESIGNATED REPRESENTATIVE (a) If a representative designated by the director to enfome this chapter determines that a licensee has failed to comply wtth tins chapter (except Section 170) or a regulation established under this chapter, the representative may suspend the taxicab, limousine, or shuttle driver's hcense for a period of time not to exceed three days by personally serving the licensee wtth a written notice of the suspension The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a statement informtng the licensee ofhm right of appeal in accordance w~th subsection (b) and (c) of this section (b) A suspension under this section may be appealed to the director or his assistant if the licensee requests an appeal at the time the representative serves notice of suspension When appeal is requested, the suspenston may not take effect until a heanng is provtded by the director or his assistant (c) The dtrector may order an expedited heanng under this section, to be held as soon as possible after the licensee requests an appeal The director may affirm, reverse, or modify the order of the representative The decision of the director ts final Denton City Code 23 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc SEC 180. SUSPENSION AND REVOCATION. (a) If the director determines that a hcensce has failed to comply w~th this chapter (except Section 1.70) or a regulation established under th~s chapter, the d~rector may suspend the taxmab, hmousme, or shuttle driver's hcense for a defimte period of time not to exceed 60 days (b) If at any t~me the d~rector determtnes that a lmensee ~s not quahfied under Sectmn 170, or ~s under mdmtment or has charges pen&ne for any offense revolving dnwng whale mtoxmated or any offense mvolwng a crime described m Sectmn 170(a)(7)(A) or criminal attempt to commtt any of those offenses, the director shall suspend the taxtcab, hmousme, or shuttle driver's hcense until such ttme as the d~rector determines that the licensee ~s qualified or that the charges against the hcensee have been finally adjudmated (c) A hcensee whose taxmab, hmousme, or shuttle driver's hcense is suspended shall not drive a taxicab, hmousme, or shuttle mstde the ctty dunng the period of suspenston (d) The dtrector shall notify the hcensee and the holder m writing of a suspensmn under ttus section and tnclude in the notice the reason for the suspension, the date the director orders the suspenston to begm, the duration of suspenston or ~f ~t ts under Subsectton (b), and a statement mfonmng the hcensee of a right of appeal The permd of suspenston begins on the date spemfied by the dtrector or, tn the case of an appeal, on the date ordered by the appeal hcanng officer (e) The director may revoke a taxtcab, hmous~ne, or shuttle driver's hcense if the dtrector determmes that the hcensee (1) operated a taxmab, hmouslne, or shuttle tnslde the city a period tn wtuch the taxtcab, hmous~ne, or shuttle driver's hcense was suspended, (2) made a false statement of a material fact tn an apphcat~on for a tax~cab, hmous~ne, or shuffle driver's hcense, (3) engaged tn conduct that constttutes a ground for suspension under Subsectton (a), and received etther a suspension m excess of three days or a conwctlon for molatton of thts chapter, two t~mes w~th~n the 12-month period preceding the occurrence of the conduct or three t~mes w~thtn the 24-month period precedtng the occurrence of the conduct, (4) engaged tn conduct that could reasonably be determined to be detrimental to the pubhc safety, (5) fatled to comply w~th a condltmn of a probattonary permtt, or Denton City Code 24 S \Our Documents\Ordinances\01 \Taxi OrdlnanceDenton doc (6) was convicted of any felony offense while holding a taxicab, limousine, or shuttle driver's license (f) A person whose taxicab, hmouslne, or shuttle driver's license is revoked shall not (1) apply for another taxicab, limousine, or shuttle driver's license before the expiration of 12 months from the date the director revokes the license or, in the case of an appeal, the date the appeal hearing officer affirms the revocation, or (2) drive a taxicab, hmousme, or shuttle inside the mty (g) The director shall notify the licensee in writing of a revocation and include In the notice the reason for the revocation, the date the director orders the revocation, and a statement informing the licensee of his right of appeal (h) After receipt of notice of suspension, revocation, or denial of hcense renewal, the licensee shall, on the date specified in the notice, surrender his taxicab, limousine, or shuttle dnver's license to the thrector and discontinue driving a taxicab, hmous~ne, or shuttle lnsade the city 0) Notwithstanding Subsections (c) and (h), if the licensee appeals the suspensmn or revocation under this section, the licensee may continue to drive a taxicab, limousine, or shuttle pending the appeal unless (1) the taxicab, limousine, or shuttle driver's license of the licensee is suspended pursuant to Subsection (b) or revoked pursuant to Subsection (e)(6) of this section, or (2) the director determines that continued operation by the licensee would impose an immediate threat to public safety SEC 181. APPEAL (a) A person may appeal the following demslons of the director if he requests an appeal in writing and delivers it to the city manager not more than 10 business days after receiving notice of the director's action (1) a denial of an apphcatlon for a permit, (2) a suspension or revocation of a permit, (3) a denial of renewal of annual permit, (4) denial of a taxicab, hmousme, or shuttle driver's license apphcatmn, Denton C~ty Code 25 S \Our D ocuments\Ordinances\01 \Tax10rdinanceDenton doc (5) suspension of a taxicab, hmous~ne, or shuttle driver's license under Section 180, or (6) revocation of a taxicab, limousine, or shuttle driver's hcense (b) The mty manager or h~s designated representative shall act as the appeal heanng officer in an appeal heanng under this section The heanng officer shall g~ve the appealing party an opportunity to present ewdence and make argument m his behalf The formal rules of evidence do not apply to an appeal heanng under this section, and the hearing officer shall make h~s ruhng on the basis of a preponderance of the evidence presented at the heanng (c) The hearmg officer may affirm, modify, or reverse all or part of the action of the director being appealed The decision of the heanng officer is final SEC 182. FALSIFYING OF A LICENSE A person commits an offense if he (1) forges, alters, or counterfeits a tax~cab, limousine, or shuttle dnver's license, badge, stroker, or emblem required by law, or (2) possesses a forged, altered, or counterfeited taxicab, hmous~ne, or shuttle driver's license, badge, stroker, or emblem reqmred by law SEC 183, CURRENT MAILING ADDRESS OF LICENSEE An ~nd~wdual ~ssued a taxicab, hmouslne, or shuttle driver's license shall maintain a current mmhng address on file with the director The hcensee shall notify the dxrector of any change in ttus mmhng address wxthln five business days of the change PART D MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SEC 184 HOLDER'S AND DRIVER'S DUTY TO COMPLY (a) Holder In the operatmn of a taxicab, hmousme, or shuttle service, a holder shall comply with the terms and conditions of the holder's operating anthonty and, except to the extent expressly provided otherwise by the operating authority, shall comply with th~s chapter, Denton City Code 26 S \Our Documents\0rdmances\01 \Tax~ OrdmanceDenton doc regulations established under th~s chapter, and other law applicable to the operation of a taxicab, llmous~ne, or shuttle service (b) Dnver While on duty, a driver shall comply with this chapter, regulatmns established under this chapter, other law applicable to the operation of a motor vehmle in this state, and orders issued by the holder employing or contracting with the driver in counectlon with the holder's dlscharg~ng of its duty under its operating authority and this chapter SEC 185 HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS (a) A holder shall establish pohcy and take action to d~scourage, prevent, or correct vmlatlons of th~s chapter by drivers who are employed by or contracting w~th the holder (b) A holder shall not permit a driver who ~s employed by or contracting with the holder to drive a taxmab, hmouslne, or shuttle if the holder knows or has reasonable cause to suspect that the driver has failed to comply with ttus chapter, the rules and regulations established by the d~rector or other apphcable law SEC 186. DRIVERAS INDEPENDENT CONTRACTOR (a) A holder may contract with a driver on an mdependent-contractor basis, but only if the contract (1) prowdes that the holder shall lndemmfy the city and hold the mty harmless for a clmm or cause of action against the city arising from conduct of the driver, (2) provides that the dnver is insured under the holder's fleet insurance pohcy, and (3) imposes a conditmn that the driver must comply with th~s chapter and provides that failure to comply may be considered by the holder as a matenal breach of the contract (b) The form of the contract between a holder and driver must be approved by the director The d~rector may dmapprove a contract form if he determines that the contract is lnconsmtent with th~s chapter, regulations established under this chapter, or other apphcable law A holder may not use a contract that has been disapproved by the director SEC 187 INSURANCE Denton City Code 27 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc (a) A holder shall procure and keep ~n full force and effect automobde hab~hty ~nsurance wntten by an insurance company that (1) ~s approved by the State of Texas, (2) ~s acceptable to the mty, (3) ~s rated B+ or better, w~th a financml s~ze of Class VI or higher, by A M Best or has an eqmvalent rating from another ~nsurance rating service approved by the c~ty, unless the insurance company is reinsured for the full ~nsurance required under th~s section by another insurance company that meets all of the rating reqmrements of th~s paragraph and all other reqmrements of Paragraphs (1), (2), and (4) of th~s subsectmn and provides anght of direct actmn agaanst the reinsurer by any person entitled to claimed insurance benefits against the primary ~nsurance company m the event the primary ~nsurance company does not pay any vahd claim, and (4) does not wolate operational control proh~b~tmn descnbed ~n Subsection 0) of th~s sectmn (b) The insurance must be msued ~n the standard form approved by the Texas Department of Insurance, and all prowslons of the pohcy must be acceptable to the mty The insured prowmons of the pohcy must name the c~ty and ~ts officers and employees as add~tmnal ~nsureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operatmn of a tax,cab, hmouslne, or shuttle service by the holder (c) The automobile habthty ~nsurance must prowde combined s~ngle hm~ts of liability for bodily injury and property damage of not less than $500,000 for each occurrence, or the eqmvalent, for each motor vehmle used by the holder Aggregate limits of hab~hty are profub~ted (d) If a vehmle ~s removed from service, the holder shall mmntmn the ~nsurance coverage reqmred by th~s sectmn for the vehmle until the d~rector receives satisfactory proof that all emdence of operation as a taxmab, hmous~ne, or shuttle has been removed from the vehmle (e) Insurance reqmred under tfus sectmn must ~nclude (1) a cancellataon provm~on ~n which the ~nsurance company ~s reqmred to notify the d~rector ~n writing not fewer than 30 days before cancehng or making a material change to the ~nsurance pohcy, (2) a pmvtsmn to cover all vehmles, whether owned or not owned by the holder, operated under the holder's operating authority, and Denton C~ty Code 28 S \Our Documents\Ordinances\01 \Taxi Or&nanceDenton doc (3) a provlston requmng the tnsurance company to pay every claim on a first-dollar basis (f) Insurance reqmred by thts sectton may be obtmned from an asstgned risk pool if all of the pohcles and coverages are managed by one agent, and one certificate of ~nsurance ss issued to the ctty (g) Operattng authority will not be granted or renewed unless the apphcant or holder furnishes the chrector wtth such proof of insurance as the dtrector considers necessary to determtne whether the apphcant or holder is adequately ~nsured under thts sectton (h) If the Insurance of a holder lapses or is canceled and new insurance is not obtmned, the director shall suspend the operattng authority until the holder provtdes evidence that tnsurance coverage required by this section has been obtmned A person shall not operate a passenger transportatton service while operating authority ss suspended under this section whether or not the action is appealed A $100 fee must be prod before operating authority suspended under this section wtll be reinstated (1) No person wtth any direct or indirect ownership tnterest in the holder's taxmab, hmouslne, or shuttle service may have any operational control, direct or indirect, in any insurance company that provtdes insurance required by this section to the taxtcab, limousine, or shuttle service For purposes ofthls subsection, "operational control" means holding any management position with the msurance company (mcludtng, but not hmlted to, the chtef executive officer, the president, any vme-prestdent, or any person in a decision-making posttlon with respect to tnsurance clmms) or havmg the nght to control the acttons or declstons of any person tn such a management position in the insurance company SEC 188. APPAREL TO BE WORN BY DRIVERS (a) Each holder shall have company dress standards for drivers employed by or contracting wxth the holder These standards must be kept on file with the director and must include the following (1) A driver may not wear (A) cut-offs or shorts, (B) apparel with offensive or suggesttve language, (C) tank tops or halter tops, or (D) outer apparel made of fishnet or undergarment maternal Denton City Code 29 S \Our Documents\Ordmances\Ol\Taxl OrdmanceDenton doc (2) Shoes must be worn at all t~mes ~n the manner for which they were designed A dnver may not wear shoes or sandals w~thout socks or hosiery and may not wear beach or shower thongs (3) A driver and the driver's clothing must conform to basra standards of hygiene and be neat, clean, and samtary at all t~mes (4) A dnver's hair must be clean and neatly groomed Famal hmr must be neatly tnmmed (b) While on duty, a dnver shall wear the ttem spemfied by the holder who employs or contracts w~th the driver and shall comply with such other ~dentfficatmn regulations prescribed by the holder's operating authority SEC 189 DRIVER'S DAILY MANIFEST. (a) Each holder shall prowd¢ ~ts drivers w~th forms, approved by the d~rector, for mmntmnmg a dmly manifest The form must ~nclude appropriate spaces for recording (1) velucle number, driver's name, date, hours ofoperatmn, total miles, prod miles, umts, trips, extras, and ffthe vehicle ~s a taxmab, the meter number, (2) t~me, place, ong~n, and destmat~on, (3) number of passengers and amount of fare and other charges, and (4) other mformatmn reqmred by the d~rectur to md m the d~scharge of h~s duties (b) Each driver shall complete a manifest on a separate form for each tour of duty The driver shall prowde the ~nformatmn reqmrod by the form and shall record the mformat~on w~th regard to trips at the end of each trip The holder shall mmntmn the mamfest forms and allow the,d~roctor to respect the forms upon request The holder shall prowde cop~es of the mamfest forms to the d~rector ~f requested SEC 190. HOLDER'S RECORDS AND REPORTS (a) Each holder shall mamtmn at a single location bus~ness records of ~ts taxicab, hmousm¢, or shuttle servme The method used m maintaining the records must be approved by the d~rector, and the d~rector may reqmre mmntenance of certain records whmh he determines are necessary for momtonng the act~wt~es, operatmns, servme, and safety record of a holder A holder shall make ~ts records available for mspeetmn by the director at reasonable t~mes upon request Denton C~ty Code 30 S \Our Documents\Ord~nances\O 1 \Tax~ Or&nanceDenton doc (b) Each holder shall submit to the director such annual and monthly reports concermng ~ts tax~cab, hmous~ne, or shuttle service as the d~rector determines necessary to evaluate the holder's operatmns A holder shall submit a monthly report of gross receipts ~n a form approved by the d~rector SEC 191 TAXICABS MONTHLY SUMMARY OF METER READINGS (a) A holder, owner, or driver shall obtmn forms from the dtrector for mmntmmng a monthly summary of meter readings for each taxicab operating under a holder's authority The form must include appropnate spaces for recording (1) tax~cab number, (2) driver's name, (3) date, (4) meter number, (5) total nules, (6) pard miles, (7) units, (8) trips, (9) extras, and (10) other mformat~on reqmred by the d~rector (b) A holder, owner or driver of a taxicab shall prowde all ~nformatmn reqmred by the form A separate form must be completed for each taxmab A holder, owner, or driver shall return completed forms to the d~rector once a month, or as otherwme reqmred by the d~rector PART E SERVICE REGULATIONS SEC 192 CITY-WIDE TAXICAB SERVICE REQUIRED Denton C~ty Code 31 S \Our D ocuments\Ordlnances\O 1 \Taxi Ord~nanceDenton doc (a) Except as otherwise provided by the holder's operating authority, a holder shall (1) provide taxicab service to the general public to and from any point inside the city that is accessible by public street, except that this provision does not require a holder to subject a taxicab to mob violence or destruction, (2) answer each call received for service inside the city as soon as practicable, and ~f the service cannot be rendered within a reasonable time, the holder shall inform the caller of the reason for the delay and the approximate time required to answer the call, and (3) malntmn a single station for the purpose of receiving calls and dispatching taxicabs that is operational 18 hours each day SEC 193 REPRESENTATION OF AVAILABILITY OF TAXICAB A driver may not represent that his taxicab is engaged when ~t is m fact vacant or vacant when it is m fact engaged SEC 194. REFUSAL TO CONVEY PASSENGERS BY TAXICABS (a) While operating a taxicab a driver shall not refuse to convey a person who requests service unless (1) the person is ¢hsorderly, (2) the driver is engaged in answering a previous request for service, (3) the driver has reason to believe that the person is engaged in unlawful conduct, or (4) the driver is m fear of his personal safety (b) While operating a taxicab, a driver shall not refuse service requested by a radio dispatch when the location for pick up is within a reasonable distance from the location of the taxicab SEC 195 PASSENGER LIMITATIONS OFTAXICABS (a) While operating a taxmab a driver on duty may carry only a person who is a paying passenger, unless the passenger is an employee of the taxicab service that employs or Denton City Code 32 S \Our Documents\Ordinances\0 l\Taxt OrdmanceDenton doc contracts with the driver, a governmental inspector acting m an official capacity, or unless it is authorized by the holder's operating authority (b) A driver may not carry at the same time more passengers than the designed seating capacity of the taxicab (c) The director may establish roles governing passenger hmltatlons, as illustrated by, but not limited to, cab-shanng, cab-poohng, and numbers of passengers with different destinations SEC 196 CARRY PASSENGERS BY DIRECT ROUTE A driver shall carry a passenger to has destination by the most direct and expeditious route avmlable unless otherwise directed by the passenger SEC 197. SOLICITATION OF PASSENGERS BY TAXICABS A driver may not solicit passengers (1) from a location other than the driver's compartment or the immediate vicinity of the driver's taxicab, (2) in a way that annoys or obstructs the movement of a person, (3) by paymg an employee of another business to sohclt passengers for or give preferential treatment in directing passengers to the driver's taxicab, or (4) without using a taxicab stand at a location where a taxicab stand exists SEC 198. REGULATIONS FOR USE OF TAXICAB STANDS (a) While using a taxicab stand, a driver shall not (1) go beyond 25 feet of bm taxicab except to assist a passenger as reasonably necessary after bemg engaged, (2) interfere with the orderly progression of taxicabs from the rear to the front of the taxmab stand, (3) perform or allow to be performed repairs or mmntenance on a taxicab while parked on the taxicab stand, Denton City Code 33 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc (4) assagn or sell his posataon in a taxicab stand to another, or (5) interfere wath a taxicab entenng a taxicab stand on which there as a vacant space (b) A person shall not park a taxmab on a taxicab stand unless the taxicab is for hire (c) A taxicab left unattended in a taxicab stand is illegally parked and may be removed from the taxicab stand and ampounded as provided in Chapter 18 of this code SEC 199. CONDUCT OF DRIVERS A dnver shall (1) act in a reasonable, prudent, and courteous manner, (2) mmntaln a sanitary and well-groomed appearance in comphance with Sectaon 188(a) ofth~s chapter, (3) not respond to a radio daspatch call assigned to another driver, (4) not consume an alcohohc beverage, drug, or other substance that could adversely affect the driver's abahty to drive a motor vehacle, (5) not monitor the radio frequency of a taxmab, limousine, or shuttle company other than the driver's own nor respond to a call for service dispatched to another taxacab, hmousane, or shuttle, (6) not possess a radio capable of receavlng the frequency of a taxicab, hmousme, or shuttle company, other than the driver's own, (7) not interfere with the director in the performance of the director's duties, and (8) comply wath lawful orders of the director issued an the performance of has duties SEC 200 RETURN OF PASSENGER'S PROPERTY (a) Upon finding property m a taxicab, hmousme, or shuttle, left by a passenger, the driver shall lmmedmtely return the property to the owner However, afthe driver is unable to locate the owner or if the driver does not know the identity or whereabouts of the owner, the Denton City Code 34 S \Our Documents\Ordmances\Ol\Tam OrdmanceDenton doc driver shall, within a reasonable time, deliver the property to the holder who employs or contracts w~th the dnver (b) Upon return of property to the owner or dehvery of property to the holder, the driver shall prepare a wntten report stating the description of the property, the ~dentlty of the owner if known, the date the property was lef~ ~n the taxicab, hmouslne, or shuttle, the circumstances relating to the loss, and the taxmab, hmoustne, or shuttle number The holder shall keep the report on file for at least one year and shall hold the property for not less than three months SEC 201. ESTABLISHMENT OF TAXICAB STANDS (a) Subject to the approval of the d~rector, the traffic engineer may estabhsh taxicab stands of such character, number, and location as he determines are required by the public convemenee and necessity (b) A holder desmng the establishment of a taxicab stand must file a written request with the d~rector and the traffic engineer SEC 202. SERVICE REGULATIONS FOR BUSINESS ESTABLISHMENTS REQUESTING TAXICABS FOR CUSTOMERS An employee of a business estabhshrnent, other than a taxicab service, who acts as an agent m obtmmng taxicab service for prospective taxicab passengers shall not (1) sohc~t nor accept payment from a driver m return for g~wng preferential treatment m chrectmg passengers to a driver's taxmab, or (2) interfere with the orderly progression oftaxmabs from the rear to the front of a taxicab stand PART F TAXICAB FARES SEC 203 RATES OF TAXICAB FARES (a) A holder of a taxmab perrmt may charge only rates of fare whmh have been approved by the city councd A holder of a taxmab permit may propose a change in its rates of Denton C~ty Code 35 S \Our Documents\Ordmances\Ol\Tax~ Ord~nanceDenton doc fare by fihng the proposal wsth the mty secretary and the director for conslderatson by the Clty council (b) The csty council shall hold a heanng to consider the proposed change ~n rates of fare After the hearing the c~ty council may approve, dssapprove, or modify the proposed change (c) The csty secretary shall mmntam on file a current schedule of the rates of fare charged by each holder of tax~cab permits (d) A driver shall not charge a fare for operating a tax~cab in the c~ty that ~s ~nconsmtent w~th the rates on file w~th the city secretary for the holder under whose operatsng authority the taxmab ss operated SEC 204. DISPLAY OF RATE CARD BY TAXICABS (a) A holder shall provide the driver for each taxscab operatmg under ~ts authority, a pnnted card or stscker containing the approved rates o£ fare of the holder The form and content of the card or sticker are subject to regulatmn by the d~rector (b) W-bale operating a taxscab for h~re, a driver shall, m a manner approved by the d~rector, promsnently d~splay two rate cards or stickers mssde the taxicab and two rate cards or st~ckers outside the taxmab so that they can be easily read by passengers SEC 205 COMPUTATION OF FARES FOR TAXICABS Unless a holder's approved rates of fare or operating authority provide otherwsse, a holder shall eqmp each taxmab w~th a taxsmeter, and a driver shall charge only a fee as computed by the taxsmeter However, a holder may authorize a driver to make a flat rate charge for a trip to a destination which ~s not covered m the holder's approved rates of fare, sfthe tax~meter ~s kept m operation wlule the taxmab has a passenger wsthm the scope of the area dessgnated m the approved rates of fare SEC 206 DESIGN AND TESTING OF TAXIMETERS, FEES (a) A taxsmeter must accurately register m legsble figures total miles, prod miles, number of fare umts, number of trips, extras, and total fare for a trip F~gures denoting the fare must be illuminated when the meter ss activated (b) A taxsmeter must be mounted ~n a conspmuous locatmn sn the taxicab ~n a manner approved by the dsrector A tax~meter must be eqmpped to tndmate whether the taxmab ~s engaged or vacant Denton City Code 36 S \Our Documents\Ordinances\01 ~Tam OrdmanceDenton doc (c) If the taximeter employs a flag, the flag must project at least four inches above the dashboard when in the non-earning potation (d) The taximeter or its drive system must be sealed at all points at which components, if manipulated, could affect the function or accuracy of the taximeter (e) The design of a taximeter is subject to approval by the director to assure that it comphes with this section (f') A holder shall cause each taximeter in taxicabs operating under its authority to be mmntmned in good operating condition and to be tested and sealed at least once each year m accordance with state and city weights and measures laws The director may establish a schedule of regular testing days and times for purposes of this section (g) The owner of the taxicab shall be responsible for paying the taximeter testing fee (h) A person commits an offense if he operates a taxicab that is (1) not equipped with a taximeter, or (2) equipped with a taximeter that (A) does not have a current decal and lead seal authorized by the director, (B) has been tampered with or altered, or (C) incorrectly registers or computes taxicab fares because of alterations to the taxicab odometer, including, but not limited to, changes an the gears, tires, or wheels of the taxicab (0 The following persons shall be responsible and subject to the penalty for a violation of Subsection (h) (I) The driver of the taxicab (2) The owner of the taxicab (3) The holder under whose authority the taxicab is being operated (j) Proof of taxicab ownership for purposes of this section may be made by a copy of the registration of the vehicle with the State of Texas showing the name of the person to whom the state license plates for the vehicle were issued The person in whose name the vehicle is registered shall be prima facle the owner of the vehicle If the vehmle as not currently registered, Denton C~ty Code 37 S \Our Documents\Ordmances\Ol\Tax~ OrdmaneeDenton doc the person in whose name the vehicle was last registered shall be prima facle the owner of the vehmle SEC 207 TAXICAB FARE COLLECTION PROCEDURES (a) Before changing the taximeter to ~ndlcate that the taxicab ~s vacant, a driver shall call the attention of the passenger to the amount of fare registered on the taximeter (b) Upon request by a person paying a fare, a driver shall g~ve the person a legible receipt showing (1) the name of the holder under whose authority the taxicab is operated, (2) the taxtcab number, (3) an ~tem~zed hst of charges, (4) the total amount of fare prod, (5) the date of payment, and (6) the driver's s~gnamre (c) A holder shall provide each driver operating a taxmab under ~ts authority w~th pnnted receipt forms adequate for pmwdmg the information reqmred in Subsection (b) PART G VEHICLES AND EQUIPMENT SEC 208 FALSE REPRESENTATION AS TAXICAB (a) A person may not represent that a vehmle is a taxicab if the vehicle ~s not m fact a tax~cab authorized by operating anthonty granted under this chapter (b) A person may not drive a vehmle m the c~ty that is not a taxicab ff the vehicle ~s marked, painted, or eqmpped an a way that ~s hkely to result m mistaking the vehicle for a taxmab Denton C~ty Code 38 S \Our Documents\Ordinances\01\Tam OrdlnanceDenton doc SEC 209 VEHICLE REQUIREMENTS AND INSPECTIONS (a) The director may by regulation establish requirements for size, condition, and accessories of taxicabs used by a taxicab, limousine, or shuttle holder, owner, or driver (b) The director shall inspect each taxicab, limousine, or shuttle for comphance with this chapter and regulations of the director, before it ~s placed in service, twice a year for regular inspections, and once dunng the year for a random inspection (c) A holder, owner, or driver shall make a taxicab, limousine, or shuttle available for inspection when ordered by the director If, upon mspection, the director determines that a taxicab, hmouslne, or shuttle as not in comphance with this chapter or regulations of the director, the director shall order the taxicab, hmouslne, or shuttle to be brought into compliance wlttun a reasonable period of time and rcqmre tt to be reanspected The owner shall pay to the director $10 for each remspectmn ora taxicab, hmouslne, or shuttle that is required before it is brought into comphance (d) If a holder, owner, or driver fails to make a taxicab, hmousane, or shuttle available for inspection or if the thrector determmes that a taxicab, limousine, or shuttle is not in comphanee with this chapter or regulatmns of the director, the director may order the taxicab, hmousane, or shuttle removed from service until at is made avmlable for inspection and brought into comphance (e) If the director determines that ~nspectlon of the mechanxcal condition or safety equipment ora taxmab by an expert meehamc or technician is necessary, the holder, owner, or driver shall pay the cost of the inspection (f) When a tax~cab, hmousme, or shuttle is removed from service and placed back an service within 15 days by the same owner, the owner shall pay to the director $60 for relnspectIon (g) Before any taxicab, hmouslne, or shuttle will be approved for service, the director shall be provided with a copy of the registration for the vehicle with the State of Texas, or a bill of sale if the vehmle is new and has not yet been registered, showing the name of the individual or holder owning the vehicle The owner shown on the registration or bill of sale provided to the director shall notify the director of any change in ownership of the taxicab, hmouslne, or shuttle within l0 busmeas days SEC 210. TAXICAB AGE LIMITS (a) A holder, owner, or driver commits an offense if he operates any vehicle as a taxicab in the city that as older than Denton City Code 39 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton doc (1) 72 months (6 years) of age for a vehicle not eqmpped to use only alternative fuel, or (2) 108 months (9 years) of age for a vehicle eqmpped to use only alternative fuel, if the eqmpment was on the vehicle when the vehicle was purchased new or added to the vehmle w~thin 30 days after the vehicle was purchased new (b) For purposes of this sectton, vehmle age, for a vehicle purchased used, will be calculated from January 1 of the model year of the vehicle If the vehmle is purchased new, age will be calculated from the date of purchase and the holder, owner, or driver shall present to the d~rector (1) a certffied copy of the vehmle's title stating the date of purchase and an odometer reading of no more than 1,000 miles at the t~me of purchase, and (2) a manufacturer's cerUficate, as defined m Chapter 501 of the Texas Transportation Code, certifying that the vehicle has not been prewously titled and has not been prevmusly subject to retaal sale SEC 211 REQUIRED EQUIPMENT FOR TAXICABS (a) Unless otherwise spemfied ~n the operating authonty under which a taxmab ~s operated or by regulation of the d~rector, and in addition to other equipment reqmred by thxs chapter, a holder, owner, or driver shall provide and maintain in good operating condition the following equipment for each taxicab, hmous~ne, or shuttle (1) seat belts for each passenger, the number of which is determined by the designed seating capamty of the taxmab, (2) heater and a~r conditioner, (3) chemmal-type fire extinguisher, of at least one quart capamty, conveniently located in the same compartment of the taxmab as the driver so that ~t is readily accessible for immediate use, (4) equipment to indmate when a taxicab xs operating for hire and when It ~s not for hire, (5) top light, (6) two-way radio on the holder's dispatch frequency, (7) map of the mty, Denton City Code 40 S \Our DocumentsXOrdmances\01 \Tax~ OrdmanceDenton doc (8) decal complying w~th Section 215 ofth~s article, (9) taxicab display receptacle, (10) rates of fare cards or stickers, and (11 ) taximeter (b) No eqmpment hsted an Subsectmn (a)(4), (5), (6), (9), (10), and (I 1) may be placed on a vehmle to be operated as a taxmab unless the eqmpment is owned by the holder (c) A taxmab in operatmn on the date this ordinance ~s adopted whmh as not eqmpped with safety belts or the reqmred number of safety belts, ~s not reqmred to comply with Subsectmn (a)(1) SEC 212. TAXICAB COLOR SCHEME AND DISTINCTIVE MARKINGS. (a) A holder shall develop the design of a color scheme and d~stanct~ve markings for taxmabs operating under its authority, and shall submit the design to the d~rector for approval to insure that the design as readily dmtlngmshable from the design used by other holders (b) After a design is approved by the d~rector, the holder shall submit to the director a color photograph of a completely equipped taxicab using the approved design (c) The holder shall use only the approved design, as deptcted m the submitted photograph, for tax~cabs operated under ~ts authority unless written approval of a change as obtmned from the director SEC 213 REQUIRED TAXICAB IDENTIFICATION A holder shall cause each taxmab operatang under ~ts authority to be provided w~th the following uniform vehmle ldentfficatlon (1) the name of the holder's company pnnted ~n letters not less than three tnches h~gh wath one-half tach stroke, and (2) the taxmab number assigned to each vehicle by the d~rector m numbers and letters not less than three ~nches high w~th one-half ~nch stroke and so that ~t is clearly msable from the front, rear, and both sades of the taxmab Denton City Code 41 S \Our Documents\Ordmances\01\Taxx OrdananceDenton doc SEC 214. TAXICAB DISPLAY RECEPTACLE (a) Every taxicab must have a display receptacle approved by the director securely affixed to a conspicuous place on the dashboard A display receptacle shall be at least 6-1/4 inches by 10 inches m area, constructed of a rigid material, and designed to accommodate the £ollowmg information m accordance with the required d~mens~ons (1) At least a two-inch by two-tach colored passport-quahty photograph of the driver, with the driver's name as ~t appears on the driver's Texas driver's license and the taxicab driver's license number placed under the photograph m block letters and numbers not less than three-s~xteenths tach h~gh with at least a one-sixteenths inch stroke, must be laminated as a single umt not less than 2-1/4 inches by 3-1/2 roches (2) The company name in block letters not less than one-half inch high with at least a one-eighth ~nch stroke, with the tax~cab number placed under at ~n block numbers and letters not less than three-fourths inch high with at least a three-sixteenths ~nch stroke, must be laminated as a s~ngle unit not less than three inches by 2-1/2 mches (3) Tax1 rates m block numbers at least mne-slxteenths ~nch high w~th at least a three- sixteenths inch stroke and ~n block letters at least one-eighth inch high w~th at least a 1/32 inch stroke must be laminated as a single unit not less than 6-1/2 by SlX inches (b) A holder, owner, or driver of a taxicab commits an offense if he operates or allows operation ora taxicab that is eqmpped with (1) no required display receptacle, (2) a display receptacle that does not contain required ~nformatlon, or (3) a display receptacle that contains insufficient or incorrect information SEC 215. TAXICAB DECALS (a) The holder, owner, or driver of a taxicab shall obtain a decal, indicating the taxlcab's authority to operate, from the director each month, or other period to be determined by the chrector A decal must be attached to the lower right comer of the front windshield of the taxicab m a manner approved by the director Denton City Code 42 S \Our Documents\Ordmances\01\Taxl OrdmanceDenton doc (b) A person comnlltS an offense ~fhe (1) operates a taxicab with an expired decal or with no decal affixed to it, (2) attaches a decal to a vehicle not authorized to operate as a taxicab, (3) forges, alters, or counterfeits a taxicab decal required by this section, (4) possesses a forged, altered, or counterfeited taxmab decal required by this section, or (5) displays more than one taxicab decal issued by the city on a vehicle at the same time (c) A taxicab decal assigned to one person is not transferable to another without consent of the chrector SEC 216. NOT-FOR-HIRE STATUS OF TAXICABS (a) Each taxicab is presumed to be on duty and ready to serve the general public for hire If a driver ~s not for hire and does not intend to provide taxicab service, the dnver shall comply with the following requirements (1) The driver shall place a s~gn, to be provided by the holder, in the taxicab mdmating the words '2qOT FOR HIRE" pnnted in letters not less than three ~nches ~n height w~th a stroke of not less than 3/8 inch The letters shall be on a backing of sufficient thmkness to not easdy bend (2) When a driver is not for h~re, the dnver shall d~splay the sign in an upright positron m the front window on the right s~de of the tax~cab so as to be easily seen and read from outside of the taxicab (b) A driver who ~s not for h~re shall not park or stand a taxicab on a tax~cab stand or on a pubhc street or pubhc property w~th~n 500 feet of a taxicab stand unless ~t ~s parked at a metered parking space SEC 217 REMOVAL OF EQUIPMENT FROM TAXICABS (a) Whenever a vehicle ~s removed from service or is no longer authorized to operate as a taxicab, the holder, owner, or driver shall remove from the vehicle all taxicab signs, markmgs, and eqmpment that would d~st~nguish the vehicle as a taxicab, including, but not hmited to, radios, top hghts, meters, and decals Denton C~ty Code 43 S \Our Documents\Ordmances\01 \Tax~ Ord~nanceDenton doc (b) A holder, owner, or driver of a taxicab shall not sell or transfer to a driver any radio, top light, meter, or other equipment that would distinguish a vehicle as a taxicab PART H ENFORCEMENT SEC 218 AUTHORITY TO INSPECT The director may inspect a taxicab, limousine, or shuttle service operating under this chapter to determine whether the service complies with this chapter, regulations established under this chapter, or other applicable law SEC 219. REMOVAL OF EVIDENCE OF AUTHORIZATION Whenever a holder's operating authority or a taxicab, limousine, or shuttle driver's license is suspended, revoked, or demed or whenever a vehicle fails to pass inspection as a taxicab, hmousme, or shuttle, the director may remove or require the surrender of all evidence of authorization as a holder, taxicab, limousine, or shuttle driver, or taxicab, limousine, or shuttle, including, but not limited to, removal or surrender of operating authority, licenses, decals, signs, insignia, radios, top lights, and meters if applicable SEC 220. ENFORCEMENT BY POLICE DEPARTMENT Officers of the police department shall assist in the enforcement oftlus chapter A police officer upon observing a violation of this chapter or the regulations established by the director, shall take necessary enforcement action to insure effective regulations of taxicab, limousine, or shuttle service SEC 221. CORRECTION ORDER (a) If the director determines that a holder violates this code, terms of its operating anthonty, a regulation estabhshed by the director, or other law, the director may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time In setting the time for correction the director shall consider the degree of danger to the public health or safety and the nature of the violation If the violation involves equipment that is unsafe or functlomng improperly, the director shall order the holder to immediately cease use of the equipment (b) If the director determines that a violation constitutes an imminent and serious threat to the public health or safety, the director shall order the holder to correct the violation immediately, and, if the holder fails to comply, the director shall promptly take or cause to be taken such action as he considers necessary to enforce the order immediately Denton City Code 44 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc (c) The d~rector shall include in a notice ~ssued under this section an ~dentlficat~on of the violation, the date of ~ssuance of the notice and the time period w~th~n which the wolation must be corrected, a warning that failure to comply with the order may result ~n suspensmn or revocation of operating authority or imposition of a fine or both, and a statement indicating that the order may be appealed to the c~ty manager SEC 222. SERVICE OF NOTICE (a) A holder shall designate and maintain a representative to receive service of notice reqmred under th~s chapter to be g~ven a holder and to serve notice required under tins chapter to be given a driver employed by a holder (b) Notice reqmred under this chapter to be given (1) a holder must be personally served by the director on the holder or the holder's designated representative, or (2) a driver licensed by the c~ty under Part C, must be personally served or sent by certified Umted States Marl, five day remm receipt requested, to the address, last known to the director, of the person to be notffied, or to the designated representative for drivers (c) Notme reqmred under this chapter to be g~ven a person other than a driver hcensed under Part C or a holder may be served m the manner prescribed by Subsection (b)(2) (d) Servme executed ~n accordance w~th this section constitutes notice to the person to whom the notice ~s addressed The date of service for not~ce that is mailed is the date received (e) This section does not apply to notice served under Section 179(a) SEC 223 APPEAL (a) A holder may appeal a correctmn order issued under Section 221 or any other action of the director If an appeal is requested in writing not more than 10 days after not~ce of the order or action is received (b) The city manager or h~s designated representative shall act as the appeal heanng officer m an appeal hearing under this section The hearing officer shall g~ve the appealing party an oppormmty to present evidence and make argument in his behalf The formal roles of Denton City Code 45 S \Our Documents\Ordinances\01 \Tax10rd~nanceDenton doc evidence do not apply to an appeal heanng under this section, and the heanng officer shall make his ruling on the basis of a preponderance of evidence presented at the heanng (c) The heanng officer may affirm, modify, or reverse all or a part of the order of the director The decision of the heanng officer is final SEC 224 CRIMINAL OFFENSES (a) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to lum A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state A separate offense is cormmtted each day m which an offense occurs An offense committed under this chapter ~s punishable by a fine of not more than $500 (b) Prcseeutlon for an offense under Subsectmn (a) does not prevent the use of other enforcement remedies or procedures appheable to the person charged with or the conduct involved m the offense SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or c~rcumstances is held mvahd by any court of competent junsdmtlon, such holdang shall not affect the validity of the remmnmg portions of this ordinance, and the City Council of the C~ty of Denton, Texas hereby declares it would have enacted such remammg portions despite any lnvahd~ty SECTION 4 Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect SECTION 5 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption ofth~s ordinance to be pubhshed twice m the Denton Record-Chromcle, the official newspaper of the C~ty of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the day of ., 2001 EUL1NE BROCK, MAYOR Denton City Code 46 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ! Denton City Code 47 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FARES FOR TAXICAB SERVICE PURSUANT TO CHAPTER 27, ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TITLED TAXICABS, LIMOUSINES, SHUTTLES, PROVIDING THAT A SCHEDULE OF FEES SHALL BE MAINTAINED ON FILE IN THE OFFICE OF THE CITY SECRETARY, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Manager, in consultation with the Pohce Department, recommended a change in taxicab fares to the City Council, and WHEREAS, the taxicab fares were previously established by Chapter 27, Article III titled Taxicabs of the Code of Ordinances, and WHEREAS, Article III has now been deleted and replaced with Article VI of Chapter 27 t~tled Taxicabs, Limousines, and Shuttles, and WHEREAS, the City Council deems it in the public interest to increase these fares and set them forth in this ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The following fares are hereby established by this ordinance to be charged pursuant to the specified provisions of Chapter 27, Article VI of the Code of Ordinances TAXICAB RATES $2 00 INITIAL METER DROP $ 40 FOR EACH ¼ MILE, AND PER 1 1/2 MINUTE TRAFFIC DELAY $2 00 FOR EACH EXTRA PASSENGER (Up to Rated Seating Capacity) SECTION 2 That the above-mentioned fares as established by the City Council shall be placed on file in the office of the City Secretary and made available to any member of the public who wishes to see a copy of the fares as established by this ordinance The City Secretary is directed to mmntam this Taxicab Rates schedule on file in the City Secretary's office as adopted hereby or as m the future may be estabhshed by the City Council SECTION 3 Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect SECTION 4 That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance ts held invalid by any court of competent .lunsdmtion, such holding shall not affect the validity of the remmmng portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such vahdlty SECTION 5 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 Aoenda itcm ~,~ AGENDA INFORMATION SHEET Oate II ~ ~ ~ AGENDA DATE. January 23, 2001 DEPARTMENT: Police ~(/ ACM: Jon Fortune ~ SUBJECT Recolve a staff report, hold a discussion, and give staff direction regarding proposed revisions to Seetmn 20-1 of the Code of Ordinances regulating noise BACKGROUND: Recently, there has been an increase in the number of loud music complalms, specifically related to musm and bands at various bars/clubs, and from vehicles driving in neighborhoods Several cmzens have approached the City Council asking for revisions of the current noise ordinance In addition to these issues, we have long-standing noise issues related to complaints regarding the North Texas State Fmrgrounds and the annual Fry Street Fmr Staff was directed to research ordinances used in other Texas cities to determine possible options to address these issues Staff examined the noise ordinances of thirty (30) Texas cities These cities were selected at random with regard to population size More emphasis was placed on cities in the Dallas-Ft Worth area The following is a review of the current ordinance, and a synops~s of the possible options found Currem Noise Ordinance Our current noise ordinance contains generic coverage for general noise issues This same or very similar wording is found in twenty-six of the thirty cities examined Enforcement of the ordinance as based on the subjective judgment of the responding officer The established standard used to determine what constitutes a violation is 1 " a person of ordinary senslbllmes m the ~mmedlate wcm~ty" or 2 " interfering with the comfortable enjoyment of private homes by persons of ordinary senslbllmes" These terms are fairly vague and leave the issue open to a w~de range of ~nterpretat~on The vagueness of the wording opens the door for unequal apphcatlon of the ordinance Staff found no specific reference to nmse emanating from motor vehicles The one benefit of the current ordinance is the ablhty for the responding officer to have some flexibility m enforcement based on the current circumstances of the noise complmnt However, Staff believes this type of enforcement flexibility can likely be bmlt into any revisions Decibel Levels In researching the norse ordinances, Staff found two references to spemfic decibel levels for establishing noise violations The City of Euless makes reference to Texas Penal Code 42 01 (Disorderly Conduct), which sets 85db as the defimtlon of excessive nmse Section 42 01 does not give any specifics as to where the measurement should be taken, and Euless has not made any amendments to establish a place of measurement The City of Dickinson established 85db (C scale) as the level where a violation occurs Their ordinance further states that the measurement should be taken at the complainant's property line This allows for a clear understanding for all involved parties of what constitutes excessive or unreasonable noise, and the point where the measurement must be taken Staff consulted information provided by the League for the Hard of Hearing (1999) that shows the decibel level measurements of various activities occurring in the home, at work, and in recreatxonal settings The 85db setting ~s used because it is a median point for nmse and associated hearing loss A "normal" person can withstand a continued duration ofnmse at $5db for over 8 hours before heanng loss begins At 110db, maximum exposure time is 1 minute and 29 seconds before hearing loss occurs Staff 2 tncluded a pnntout of the common decibel level readings assocmted w~th common noise sourc~s for review The use of decibel levels appears, on tt's face, to be a vahd solutton to the norse tssue However, several tssues must be considered Ftrst, sound meastmng devices (dectbel meters) do not measure bass reverberations Staff found that the majority of the norse complmnts mentaon "loud bass" as the offending nmse The recent complmnts of nmse tn the Dema netghborhood are primarily related to bass reverberations coming from the Groovy Mule club The establishment of decthel levels would do nothing to address this portton of the eomplmnt A second concern is the ability of bustness owners or residents to be able to knovangly comply wtth the ordinance Use of decibel levels would require these business owners or residents to purchase measuring devines or wmt for reported vtolataons to know ffthey are outside the ordinance In addltton, the establishment of a specffic dectbel level removes the flextblllty for enforcement For example The ordinance states that noise exceeding 85db ts in vtolation A mttzen complains to the pohce that a netghbor's stereo ts too loud The respondmg officer measures the sound level and finds it to be 80db The officer feels, based on the circumstances (ttme of day, location, etc) that the noise ts unreasonable, but it ts within the ordinance If the officer does nothtng, the situation continues and likely gets worse If the officer takes enforcement actton, he ts outstde the ordmance Finally, the use of dectbel levels must accompany some defimttons related to "duration of intensity," hours of operatton, and set a place from whmh to measure the noise level Many common tasks revolve noise that is in excess of 85db Most lawn mowers run between 65 - 95db Leafolowers, chmn saws, and electric drills mn above 85db (see attached fact sheet) Deetbel readings cannot take into account any ambient nmse from otheg sources The respondmg officer would be forced to establish that the pamcular 3 decibel reading was being caused by a specific noise source The presence of other noise sources, such as traffic on a surrounding street, influence the reading on the measuring device Staff beheves that the estabhshment of a set decibel level will not solve the noise issue It does create a measurable standard, but it creates a number of issues that serve to comphcate enforcement Distance Standards Staff found that the City of Addison has instituted a set distance for determining noise vlolataons They established that noise is unreasonable if it is "clearly audible from more than 50 feet from the source" The use of a set distance from the source provides a measurable standard that is known to all involved parties Business owners can easily momtor noise levels at these established distances Responding officers have a measurable standard to use in address the complaint Staff beheves that distance standards can be used to effectively address the noise issue In addition, distance standards can be used to address bass reverberations Staff recommends the use of distance standards as a means of addressing excessive noise concerns Instead of using a set distance from the noise source, Staffrecommends using a set distance from the complmmng party's residence Establishing a set distance from the complainant's property would allow for "comfort zones" in the neighborhoods, but not have a slgmficanfly negative impact on the operation of a business during the nighttime hours Staff conducted some informal tests to determine what is audible at the 50-foot distance (as set in Addison) Staff found that normal conversations (60db) could be detected easily at 50 feet Staff beheves that this standard for measurement will allow for the protection of residential neighborhoods, but not place too heavy of a burden on nighttime businesses These standards would apply equally to noise complaints regarding a residence in a neighborhood The one issue that distance standards do not address is noise emanating from w~thin a multi-family setting, where one apartment resident complmns of noise from another (attached) apartment In these cases, the noise may not 4 be audible outside of the bmld~ng, but is easily heard through shared walls and/or ceilings These types of complaints must still be addressed by the subjective judgment of the responding officer, based on the unique circumstances of each complmnt Staff recommends the use of fifty (50) feet as a fair means for determlmng the presence of excessive or unreasonable noise Any noise that ~s clearly audxble fifty feet from the complmnant's residence could be considered unreasonable and m wolat~on Penal Code 42 01 provides that a wolatxon occurs if the noxse continues to be ~n wolatlon after the person has been warned by a peace officer Staff recommends that use ofttus same warning procedure would serve to help medmte many of these complaints Vehmles As stated, our current noise ordinance does not specifically address nmse/loud musm emanating from w~thm vehicles The majomy ofpohce complaints received through citizen surveys and community meetings address loud stereos m vehicles Staff £ound that the City of Addison uses the same fifty (50) foot distance for vehicle stereos The City of Alwn established that a violation occurs where noise/music from a vebacle is audible from a distance of thxrty (30) feet or causes the person to be "aware of or feel the whratlon accompanying the sound at a distance of thirty (30) feet The City of Dxcklnson uses a distance of fifty (50) feet They further define "plmnly andlble' by stating that words or phrases need not be dlscernable and that bass reverberations are included Staff believes that the creataon of a specific section within the noxse ordinance to address vehmles would gxve the police department the necessary authority to address th~s quality of life concern Use of other standards, such as decibel levels would necessitate the purchase of addltxonal decibel meters to allow for regular enforcement by patrol officers Staff recommends the adoption of a fifty (50) foot standard for loud music coming from vehicles, including bass reverberations As opposed to noise from fixed sites, Staff recommends that specific reqmrements for warnings not be included regardxng noise from vehicles The ability to track warnings issued to specific cars ~s overly cumbersome 5 The police department has established procedures for traffic enforcement optxons Staff recommends that these enforcement options be used to provide officer discretion to address these types of complmnts Outdoor Music Festivals For a number of years, citizens in the neighborhoods near the Fmrgrounds have had complaints regarding no,se from the North Texas State Fmr and other activities held on the property The police have been caught in between enforcement of no,se ordinances and the applicability ofnmse variances to the specific complmnts In addition, the annual Fry Street Fmr creates similar issues for the Oak-Hmkory Historic D~strict and other surrounding neighborhoods The police attempt to apply the existing ordinance to the various bands and the related noise generated by the crowds of people The vagueness of the current ordinance creates problems in determlmng what ~s excessive, etc Staff found that the C~ty of Southlake has specffic provisions to address outdoor music festivals They have established that the sound generated from such an event may not exceed 70 decibels (A scale) at the penmeter of the event, and may not constitute a "nuisance" to residences within a one-half mile radius of the event Staff recommends the creation of a specific section w~thln the noise ordinance to address outdoor musm events Staff recommends the inclusion of both decibels levels and distance standards to control the level of nmse and music emanating from such events This would allow for some flexlbllaty m enforcement and still provade measurable standards Staff recommends that council consider a decibel level of 85 db at the perimeter of the event, and that the music not be audible from within 50 feet of a complainant's property COUllCll could adopt a waiver that could be signed by the controlling party of resldentml properties near an outdoor musm event, or other provisions that would allow the ~nvolved parties to find a suitable compromise for noise levels during these types of events This could also be included in a permit process to hold such an event, much like street closures, etc Enforgement Options In general, enforcement action for violations of this ordinance will be as follows 1 Written warning 2 Written citation 3 On-sight arrest Dunng the hours of 11 00 pm and 7 00 am, written warnings may or may not be issued depending on the circumstances of the violation, including but not hmlted to 1 history of repeated noise violations at a specific location, 2 number ofcomplmnts for a specific violation, 3 where the respondmg officer has reason to believe that this action is not sufficient to mitigate the violation Clearly Audible Clearly audible means noise of an intensity and volume so as to disturb or annoy a person of ordinary sensibilities This includes bass reverberations Overview Staff recommends that Council consider making revisions to our emstlng noise ordinance Staff recommends a revision to establish that nolse/musm that is clearly audible from w~thm 50 feet of the complmnant's house be deemed excessive and in violation Further, Staff recommends that Council adopt a specific section within the noise ordinance to address musm/nolse from motor vehicles Music that is clearly audible from more than 50 feet from the vehicle is excessive and in violation Staff recommends that Council adopt a specific section wlttun the noise ordinance that addresses noise levels at outdoor music festivals, such as the North Texas State Fmr and the Fry Street Fmr Music levels at these types of events could not exceed 85db at the estabhshed perimeter of the event Music that is clearly audible from within 50 feet of a complmnant's residence would be excessive and in violation Finally, Staffrecommends that noise violations from buildings or outdoor music festival should first be addressed with a warmng This would not apply to vehicle music violations, where officer discretion for enforcement action would follow the established General Orders of the police department 7 OPTIONS 1 The Council can d~rect staff to construct an ordinance including these recommendations to be placed on a future Cotmcfl agenda for adoption 2 The Council can direct staff to make revisions or provide further lnformatmn and present addatlonal revision options for consideration at a later date 3 The Council can choose not to consider any revisions to the current ordinance RECOMMENDATION: Staff recommends Council consider making the recommended revisions to the ordinance for adoption PRIOR ACTION/REVIEW. None FISCAL IMPACT: The creation of such an ordinance will not involve any additional costs to the City Respectfully submitted, Gary L Matheson Chief of Police Prepared by Lt Scott Fletcher Field Operations - East Noise Center Decabel Levels Page 1 of 3 NOISE LEVELS IN OUR ENVIRONMENT FACT SHEET How Loud as Too Loud? Experts agree that continued exposure to noase above 85 dBA over tame, will cause heating loss To know ff a sound ts loud enough to damage your ears, at as amportant to know both the loudness level (measured m decabels, dBA) and the length of exposure to the sound In general, the l~uder the noase, the less Ume reqmred before heanng loss will occur Accor&ng to the NaUonal InStitute for Occupational Safet~ and Health (1998), the maximum exposure t~me at 85 dBA Is 8 bourn. At ll0 dBA, the maxunum exposure tame ts one rmnute and 29 seconds If you must be exposed to noase, at as recommended that you hmat the exposure t~me and/or wear hearing pmteetaon Measure Up ~d Turn tt Down Decibel Levels Around Us The following are decibel levels of common nmse sources around us These are typteal levels, however, actual no, se levels may vary depenchng on the pameular atem Remember norse levels above 85 dBA wall harm heanng over Ume Noase levels above 140dBA eon muse damage to heanng after just one exposure Points of Reference *measured in dBA or decibels · 0 The sorest sound a person can hear w~th normal hearing · 10 normal breathing · 20 whas~nng at 5 feet · 30 soft whisper · 50 rainfall · 60 normal conversatmn · 110 sbou~g m ear · 120 thunder Work Home · 40 qmet office, hbrary Recreation · 50 refn ~rator · 50 large office · 40 quaet resadenfial area · 50 ' 60 electric · 65 95 power lawn · 70 freeway Waffle toothbru ~h mower · 85 heavy traffic, noasy · 50 - 75 wasbang maebane · 80 manual macbane, tools restaurant hap//www lhh or~n~ase/decabel h~n 1/8/2001 Noise Center Decibel Levels Page 2 of 3 · 50 - 75 mr condmoner · 85 handsaw · 90 track, shouted conversation · 50 - 80 electric shaver · 90 tractor · 95 - 110 motorcycle · 55 coffee percolator · 90 - 115 subway · 100 snowmobile · 55 - 70 d~shwasher · 95 electric drill · 100 sohool dance, boom · 60 sewntg machine · 100 factory machxnery box · 60 - 85 vacuum cleaner · 100 woodworktng class · ll0dasco · 60 - 95 b. mr dryer · 105 snow blower · 110 busy wdeo arcade · 65 - 80 alarm clock · 110 power saw · 110 symphony concert · 70TVaudm · ll01eafblower · ll0carhom · 70- 80 coffee grmder · 120 chmn saw, hammer · ll0-120roekconcert on natl · 70 - 95 garbage chsposal · 112 personal cassette · 120 pneumatic drills, player on h~gh · 75 - 85 flush toilet heavy maclune · 117 football game · 80 pop-tlp toaster · 120jet plane (at romp) (stadium) · 80 doorbell · 120 ambulance s~ren · 120 band concert · 80 ringing telephone · 125 eham saw · 125 auto stereo (factory installed) · 80 wlusflxng kettle · 130 jackhammer, power drill · 130 stock ear races · 80 - 90 food rmxer or pmcessor · 130 mrrmd · 143 b~cycle horn · 80 - 90 blender · 130 percussmn section at · 150 firecracker symphony · 80 - 95 garbage d~sposal · 156 eapgun · 140 mrplane talong off · 110 baby crying · 157 balloon pop · 150jet engine takang off · 110 squeaky toy held · 162 fireworks (at 3 feet) close to the ear · 150 artillery fire at 500 feet · 163 nile · 135 no~sy squeeze toys · 180 rocket launching from · 166 handgun pad · 170 shotgun http//www lhh org/no~se/declbel hUn 1/8/2001 Noise Center Decibel Levels Page 3 of 3 LEA~ II No,se Center III EMa,I Copyright 1996-1999 LEAGUE FOR THE HARD OF HEARING - Updated March 19, 1999 http//www lhh org/noise/declbel htm 1/8/2001 C~ties included m the research Addison Allen Alvm Bryan Colleyvllle Copper Copperas Cove Corpus Chr~ Cors,c za Dickinson Euless Forest I-hll Ft Worth Grand Prmne Haltom C~ty Hereford Hurst Kennedale Lew~swlle Lubbock McKmney Mesqmte Palestine Plano Sherman Southlake Wa¢o Woodway ~oise Nui~nce - General Addison, Texas (34-64 Public Numunces) Prowslons define public nuisance, as sound that ~s clearly andlblc bom more than 50 feet bom the dewce, apparatus, or instrument Southlake, Texas (3-52) Provisions for Outdoor Music Festivals set noise level maxunums at no more than 70 decibels on the A scale of an ANSI certified sound level meter It further hnuts the nome level so as to not create a ntusance to residences within one.half mile of the festival location Euless, Texas (Chapter 46) Makes specific reference to Penal Code 42 01 (D~sorderly Conduct) for definition of noise ntlisan~e Dicianson, Texas (12-27 and 12-28) Establishes a noise nuisance as exceeding 85 db (C scale) on a sound-measuring device measured at the complainant's property line Noise Nuisance - Vehlcle~ Addmon, Texas (34-64) Prowsions define noise nmsance from a velucle as sound from a stereo (or sumlar device) clearly audible bom more than 50 feet from the vehicle Dleluason, Texas (12-29) Estabhshes that a person operating or occupying a car is m violation if the sound from a stereo (or other sLrmlar dewce) is "plainly audible" from more than 50 feet away It further defines "plaudy audible" as being measured by auditory senses and through line of sight It includes "bass reverberations" Aivm~ Texas (15-9-1) Establishes a nuisance at 30 feet bom a vebacle, and includes causing a person to "he aware of' or "feel the vibration" of a stereo from more than 30 feet away ~ghted MummpnlCodeCorp,nffihatedMumoipal~y 2000httpJ/wwwmumcodecom/CGl-BIN/om_~sap~ nfo&record={37A1}&soRpage=Document42&zz= The generation or maintenance of any loud and raucous noise within the town hm~ts is hereby declared to be a pubhc nuisance It shall be unlawful for any person to willfully make, conhnue, or cause to be made or continued any loud and raucous noise, which term shall mean any sound which, because of ~ts volume level, duration, and/or character, annoys d~sturbs injures or endangers the comfort, health, peace, or safety of reasonable persons of ord!~ary secalblllties w~thin the town limits The term "loud and raucous noise" shall include, but shall not be limited tO, the kinds of noise generated by the activities enumerated ~n sechon 34-64, except as provided ~n section 34-81 The term shaft be hmlted to loud and raucous noise heard upon the public streets, in any pubhc park, in any school or public building, or upon the grounds thereof wh~le ~n use, ~n any church, synagogue, or other place of worship, or hospital, or upon the grounds thereof while m usa1 m any parking lot open to members of the public as invitaea or hcenseea, or in any occupied residential dwelhng unrl or upon the grounds thereof The term ~s further limited to noise which ia cleady audible at a d~stance of more than 50 feet from the source of the noise, measured in a straight hne from the noise source (Code 1982, § lO-7(a)) Sec 34-64 Public nuisances The following acts, as hmitad by section 34-63 and subject to the exemptions of sacbon 34-61, ara hereby declared to be public nmsancas in v~olation of section 34-63, but the acts enumerated in th~s section shall not be deemed to be exclusive (1) The use or operation of any mechanical or electrical dewca, apparatus, or ~nstrument to amplify, ~ntens~fy, or reproduce the human voice, or to produce, reproduce, ~ntenslfy, or amplify any other sound when the sound from such activity is clearly audible more than 50 feet from the device, apparatus, or instrument (2) The playing or operation of any radio, cassette tape player, compact d~sc player, or any other sound ,producing instrument, device, or apparatus installed or located in a motor vehicle when the speaker volume is elevated to such an extent that the sound is clearly audible more than 50 feet from the vehicle The provisions of thru subsection shall apply regardless of whether the vehicle ~s traveling upon the streets of the town, parked on public or pnvate property, or stopped ~n traffic (3) The sounding of any horn or signal device on any automob,le, motorcycle, bicycle, or other vehicle, except aa a danger mgnel, so as to create an unreasonably loud or harsh sound, or the sounding of such dewce for an unreasonable period of hme, or the use of s~ran horns on b~cycles, automobiles, or other vehicles except upon automobiles and other apparatus of the police and fire departments or upon authorized emergency sarv~ca vehicles (4) The playing of any radio, cassette tape player, compact disc player, phonograph, or mechanical or nonmechamcal musical or sound preduc~ng instrument, dunng the hours between 11 O0 p m and 7 O0 a m on any day and m such a manner or with such volume that the sound therefrom creates a loud and raucous noise (5) '~he use of any automobile motorcycle or vehicle so out of repair or so loaded, or m such manner or combination wRh other vehicles as to create by wrtue of its grahng, grinding, or rattmg sound, a oud and raucoua noise (Code 1982, § ,I0-7(b)) Sec 34-66 Loading or unloading vehicles. 1 of 2 11/17/2000 2 08 PM ~ Copyrighted Mum¢~pal Codo Corp, zffiha~ed Municipality 2000,httpJb, vww municode com/CGI-B1N/om_~sapl nfo&record={37Al }&sol~page=Document42&zz= The creation of unreasonably loud, disturbIng or unnecessary noises In connection with the loading or unloading of any vehicle ~s prohibited on any premises In a residential d~stdct or w~thin a 500-foot radius from any area or property which ~s zoned for residential use, except during the following days and times only (1) Monday through Friday 7 O0 a m --7 O0 p m (2) Saturdays, Sundays and holidays 10 O0 a m --5 O0 p m (Code 1982, § 10-8) 2 of 2 11117/2000 2 08 PM © Copyoghted Mumelpal Code Corp, affibated Munlelpahty 2000 http~/www municoae com/CGI-BIN/om_~sep~ 0357 nfo&record--{EA2}&sof~page=Document42 Sec 15-9 1 NoMe-Unreasonably loud, disturbing noises prohibited, enumeration It shall be unlawful for any person to make, continue, or cause to be made or continued, any unreasonably loud, disturb~ng, or unnecessary noise which causes matarlal d~stress, discomfort or ~nlury to persons of ordinary sens~b~hbes in the vicinity thereof Any noise of such character, Intensity and duration which substantially interferes with the peaceful and comfortable enjoyment of private homes or businesses by persons of ordinary sensib~htms ~s hereby declared to be a nuisance and ~s hereby proh~bited The following acts, among others, are declared to be unreasonably loud, d~sturbing and unnecessary no~ses ~n wolat~on of th~s section, but se~d enumeration shall not be deemed to be exclusive (a) Horns or otherstgnalmg dewces The sounding of any horn or s~gnahng dewce on any automobile or other vehicle on any street or public place of the city, except as a danger warning, the creation by means of any such s~gnallng device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary and unreasonable period of t~me (b) Animals, birds, etc The keeping of any animal or b~rd whmh by causing frequent or long-continued no,se shall disturb the comfort or repose of any persons ~n the wcinity (c) Exhausts The dlsoharge into the open air of the exhaust of any steam engine, ~ntemal combustion engine or motor vehicle except through a muffler or other device whmh w~ll effectively prevent loud or explosive noises therefrom (d) Defect m vehicle or load The use of any automobile or other vehicle so out of rspa~r, so loaded or ~n such manner as to create loud and unnecessary grating, gnndmg, ratthng or other no~se (e) Loadtng and unlcodmg vehicles, opemng boxes The creation of a loud and excessive no~se m connectmn w~th loading or unloading any veh~cie or the opening and destruction of bales, boxes, crates and containers (f) Construction or repa~nng of butldings The erection 0ncludmg excavating), demoht~on, alteration or repair of any building other than between the hours of 7 00 a m and 6 00 p m on weekdays, except ~n case of urgent necosslty m the interest of public health and safety, and then only w~th a permit from the bu~ldtng inspector which shall be granted for a period of hme not to exceed the period in whmh the emergency continues (g) Schools, counts, churches, hospitals The creation of any excass~ve no,se on any street adjacent to any school, church or court while the same are ~n uss, or adjacent to any hospital, which unlawfully mterteres with the workings of such Institution or whmh d~sturbs or unduly annoys the pahents m the hospital, provided conspicuous s~gns are d~splayed ~n such streets indicating that the same ~s a school, church, hospital or court street (h) Pile drivers, hammers and other machinery The operation between the hours of 10 00 p m and 7 O0 a m of any p~le driver, steam shovel, pneumatic hammer, derrick or other appliance or machinery, the use of which Is attended by loud or unusual noise O) Vehtcular sound ampl~cat~on systems A sound amphfier which is part of or connected to a radio, stereo receiver, compact disc player, cassette tape player or other similar dewce w~thm a motor vehmle operated at such a volume that It causes material distress, discomfort or injury to persona of ordinary sensibilities In the vicinity thereof If the sound [is] audible at a distance of thtrty (30) feet from the source or causes a persen to be aware of or feel the wbrehon accompanying the sound at a distance of thirty (30) feet from the source, a prima facie case shall be estabhshed that the red,o, stereo receiver, compact d~sc player, cassette player or other stmllar dewce ~s being operated at a volume that causes material distress, dlsoomfort or ~njury to persons of ordinary sens~bihtles 11/27/2000 12 26 PM 1 of 2 ~Copyr~hted MunlolpalCodeCorp,A~hatedMumc~pahty 2000 hUpdhvww.mumcodecom/CGl-BIN/om_nap~ 0357nfo&record={EA2}&soflpag¢=D°aument42 (Ord No ?O-C, 5-7-70, Ord No 94-P, § 2, 4-21-g4} Sec 15-t0 8ame-Bund~, music machines, etc, et public places to be Inside building It shall be unlaWful for any person having under his control or management any place open to the public within the corporate liFtlts of the city to permit or allow bands, orchestras or musical instruments or machines to be played or operated other than inside a building Sec 16-tl Same-Ues of amplifying devices and sound trucks 2 of 2 ! 1/27/2000 12 26 PM ~ ~ ~pynghtod Mun~pal Code Corp affiliated Mumctpahty 20~ttp//www mum~ode com/CGI-BIN/om_mapl d- {2696}&sotbpage=Document42&x-28&v=9&zz- It shall be unlawful and a public nuisance for any person to create, cause or permit to be made any loud, raucous and d~sturl~ng norse of such character, mtenmtyand duration so as to actually annoy and d,sturb the comfort, repose and peace of an ordinary person of normal sans~hvlties and measures 85 db (C scala) on a sound level measunng dev,ce measured at the complainant's property hne between the hours of 10 30 p m and 6 30 a m Normal traffic notse ~s excluded from the prov,smns of thru article (Ord No 86-85, § 2, 1-8-85, Ord No 268-95, § 1, 1-23-96) Sec 12-28 Illustrative enumeration The following acts are declared to be ~oud, mucous and d,aturb~ng nmses descnbed ~n se~on 12-27, provided, however, that such enumera~on shall not be construed to be exclusive of other nomes To be ,n wolatlon, any enumerated conduct must be of such character, intensity and duration so as to actually annoy and d~sturb the comfort, repose and peace of ord,nary persons of normal sens~hvlties (1) The sounding of any horn or stgnal dewce for an unnecessary and unreasonable period of t~me, except, es a danger signal to others (2) The playing of any radm, phonograph or any musical ~nstrument or other ampi,fled sound m such manner, or with such volume, between the hours of 10 30 p m and 6 30 a m so as to create sound which d~sturbs a person of ordinary sens~tiwbes residing m a dwelling or other type of residence m the wc, n~ty and rag,stars 85 db (C scale) on a sound level mesaunng day,ce measured at the complainant's properb/line (3) The erection (including excavabon), demol~tmn alteratmn or repmr of urgent necessity m the ~ntereat of pubhc safety ~s excluded (4) The creation of any no,se that registers ti5 db (C scale) on a sound level measunng dewce at the property line of any school, mstitut~on of Isarnmg, hbrary, church or court whde the same are ~n sassmn, which ,noise unreasonably mtefferaa with the working of such mst~tubon or which d,sturbs or unduly annoys pebents m the hospital, prov,ded conspicuous s,gns are d,splayed indicating that the same ~s a school, hbrmy, church, hospital or court zone (Ord No 86-85, § 3, 1-8-85, Ord No 266-95, § 1, 1-23-96) Sec 12-29 Sound amplification systems m vehicles (a) No person operating or occupying a motor vehicle shall operate or perm,t the operation of any sound~amphficabon system from mthin the vehicle such that smd sound ,s plainly audible at a d~stance of fifty (50) or more feet from the yah,cie (b) "Sound amphficatmn system" means any radm, tape player, compact d~sc player, loud speaker, or other electromc dawce used for the ampliflcetmn of sound (c) ~'Plamiy aud,ble" means any sound produced by a sound amphficatmn system from vath~n the vehicle, which clearly can be heard at a distance of fifty (50) feet or more Measurement standards shall be by,the auditory senses, based on direct line of s~ght Words or phrases need not be d,scern~ble and bass reverberations ara ~ncluded (Ord No 195-93, § 1, 11-16-93) 8ecs 12-30--12-46 Reserved 1 of 2 11/21/2000 10 13 AM (}Copyr~hted Mumo~palCod~Corp,affihatedMumcipahty 2000 httpJIwww.mumcodecomlCG1BINIom_~sapl 644nfo&record={549F}&soflpage=D°cumCnt42 Sec 20-1 Noise (a) It shall be unlawful for any person to make or cause any unreasonably loud. d~sturblng, unnecessary noise which causes or may cause material distress, d~scomfort or injury to persons of ordinary sensib~l~tes ~n the immediate wcinity thereof (b) It shall be unlawful for any person to make or cause any no~se of such character, ~ntensW and cont;nued duration as to substenflally interfere with the comfortable enjoyment of pr~vete homes by persons of ordinary sensibilities (c) The follovang acts, among others, are declared to be no~se nu~sences ~n wolatton of th~s Code. but such enumershon shall not be deemed to be exelus~ve (1) The playing of any phonograph, telev~s;on, radio or any musical ~nstrument ~n such manner or w~th such volume, particularly between the hours of 10 00 p m and 7 00 a m, as to annoy or d~sturb the quiet, comfort or repose of persons of ordinary sensibilities ~n any dwelhng, hotel or other type or residence, (2) The use of any stahonary loudspeaker, ampln~er or musical instrument ;n such manner or w~h such volume es to annoy or d~sturb persons of ordinary sens~b,l~es m the ~mmed~ate v~c~n~ thereof, paracularly between the hours of 10 00 p m and 7 00 a rn, or the operet~on of such loudspeaker, ampl.~er or mus=al ;nstrument at any t;me on Sunday, provided, however, that the ceJ counc;I may make excapt~ons upon application when the public interest will be served thereby, (3) The blowing of any steam whistle attached to any stationary bmler or the blowing of any other loud or far-reach,rig steam whistle w~ln the city lim~s, e~capt to gwe notice of the t~me to beg~n or stop work or as a warning of danger, (4) The erection, excavahon, damolit=n, altsraflon, or repair work on any building at anytime other than between the hours of 6 00 a m and 8 30 p m Monday through Friday from June 1 to September 30, between 7 00 a m and 8 30 p m Monday through Friday from October I to May 31, between 8 00 a m and 8 30 p,m on Saturday, and between 1 00 p m and 8 30 p m on Sunday, prow:led, however that the c~ council may issue special perm~ for such work at other hours in case of urgent necess~ and in the ~nterest of public safety and convonlenca (5) The creation of any loud and excesen~e no~se in connection w~h the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers, (6) The use of any drum. loudspeaker or other instrument or device for the purpose of attracting attention by the~creaflon of no~ses to any performance, show, theatre, mohon p~ure house, sale of merchandise or d~splay which causes crowds or people to block or congregate upon the s~ewalks or streets near or adjacent thereto (Code 1966, §§ 14-20, 14-21, Ord No 95-184. § i, 9-12-95) Cross reference(s)--Animal no~se, § 6-26 (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes mater~al d~stress, discomfort or injury to persons of ordinary sens~bilitias ~n the ~mmediate v~lnity thereof 12/27/2000 II 41 AM 1 of 2 OCopy~ghted MumclpalCodeCorp,affihatedM~aclpahty 2000 httpJh,fwwmumcodecom/CGI-BIN/om_lsap~ 644nfo&record={549F}&soflpage=D°cument42 (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere vath the comfortable enjoyment of pnvate homes by pemons of ordinary sensibd~les 12/27/2000 I 1 41 AM 2 of 2 © Copyrighted Municipal Code Corp, afflicted M~mampallty 2000 htipd/www mumcode com/CGI-BIN/om_]sapl 705 nfo&ree, ord={ 1001 }&sol'page=Document42 AJ~TICLE VI NOISE* *Cross reference(e)--Barking dogs, § 10-66, businesses, ch 18, unified development code, ch 84 State law reference(a)--Creating nmse as disorderly conduct, V T C A, Penal Code § 42 01 Sec 46-171 Generally (a) Any unreasonably loud, d~sturbmg or unnecessary no;se which causes material d~stress, d~soomfort or ~njury to persons of ordinary sens~b~htles ~n the ~mmedtate wc;n;ty thereof is hereby declared to be a nu;senca and ;s prohibited (b) Any no~se of such character, intensity and continued duration which substantially ~nterferes w~th the comfortable enjoyment of private homes by persons of ordinary sens~bfl~tms ~s hereby declared to be a nu;sanca and is prohibited (Code 1974, § 11-10) Sec 46-t72 Enumerated The following acts, among others, are declared to be nu~sences m wolahon of th~s Code, but such enumerations shall not be deemed to be exclusive (1) The playing of any radio, phonograph or other musical instrument ~n such manner or w~th such volume, dunng the hours between 8 00 p m and 7 00 a m, as to annoy or d~sturb the quiet, comfort or repose of persons of ordinary sensibilities m any dwelhng, hotel or other type of residence (2) The use of any loudspeaker or amplifier of such ~ntens~ty that annoys and d;sturbs persons of ordinary sensib~hties m the ~mmediate wcmlty thereof, except by permit ~ssued by the c;ty council for nonpolitical purposes (3) The keeping of any an;mai or bird which by causing frequent or long, continued no~se shall d;sturb the comfort and repose of any person of ordinary sensibilities in the ~mmed~ate wcm~ty (4) The continued or frequent sounding of any horn or s~gnai dev;ca on any automobile, motorcycle, bus or other vehicle except as a danger or warning s~gnal, the creahon by means of any such signal dewca of any unreasonably loud or harsh noise for any unnecessary and unreasonable period of t~me I of I 11/21.,2000 3 40 PM © Copyrighted Mmuc~pal Code Corp, affiliated Mummpal~ty 206~ttpY~avw mumcode com/CGI-BIN/om_~sapl d~{4FF}&sotipagc~Document42&x--60&y~l l&zz= (5) Noise control Amplifying equipment used shall be designed to control the noise level at the perimeter of the site on which the gathenng shall take place and be so operated that at no time more than 70 decibels is registered on the A scale at slow response of a standard sound level meter which meets the specifications of the American National Standards Institute, and shall not be m any manner or noise level so as to constitute a nuisance to residences within a one-half mile radius of the origination po;nt of such noise (6) Food sanitation Food samtatlon requirements are as follows a All food and beverages sold or furnished shall be obtained from approved sources Sources shall be deemed to be approved if they have been approved for food sales or manufacture by any state, county or local health agency or official b Foods, while being stored, prepared or sewed, shall be protected from contamination c All perishable food shall be stored at such temperatures as will protect against spoilage d Ali potentially hazardous food which cens~sts, in whole or ~n part, of m~lk or milk products, eggs, meat, poultry, fish and shellfish, shall be maintained at safe temperatures (45 degrees Fahrenheit or below, or 140 degrees Fahrenheit or above) e The washing and samtlz~ng of food equipment and utensils shall be ~n comphance with the requirements set forth in the state sterilization law (V T C A, Health and Safety Code § 438 011 et soq ) f All food service personnel shall wear clean outer garments, maintain a h~gh degree of personal cleanliness, and conform to hygremc practices while on duty Handwashlng facilities shall be provided State law reference(s)-Pubhc health measures relating to food, V T C A, Health and Safety Code ch 438 (7) Medical and nursing cars Medical and nursing care shall be prowded as follows a At least one emergenCy aid station for each 10,000 persons, or fraction thereof, shall be maintained and be clearly Identifiable by a prominent sign during the ent~ra time of the mass gathering b Each emergency aid staben shall have on duty at all t~mes at least two persons who have had, as a minimum, training in first a~d e~ther by the American Red Cross or as a medical corpsman In the armed services One shall be m charge c Each emergency aid station shall be provided with the following equipment and supplies 1 A tent or other suitable temporary shelter shall be erected at a convenient location on the grounds of the mass gathering to house the emergency aid station 2 Folding cots, six 1 of I 11/21/2000 1 03 PM Seal,on 42.0~. D~so~cle~ oonduo~. (a) A person commats an offense af he intentionally or knowingly (1) uses abuslve, ~ndecent, profane, or vulgar language · n a publac place, and the language by lts very utterance tends to incite an ~mmediate breach of the peace, (2) makes an offensave gesture or display ~n a public place, and the gesture or display tends to incite an lmmedlate breach of the peace, (3) creates, by chemical means, a noxious and unreasonable odor an a public place, (4) abuses or threatens a person an a public place in an obviously offensive manner; (5) makes unreasonable noase an a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or ~n or near a private resadence that he has no right to occupy, (6) f~ghts w~th another ~n a public place; (7) enters on the property of another and for a lewd or unlawful purpose looks ~nto a dwellang on the property through any w~ndow or other opening in the dwelling, (8) whlle on the premises of a hotel or comparable establishment, for a lewd or unlawful purpose looks into a guest room not hls own through a window or other opening in the room; (9) discharges a firearm ina public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code, (10) dasplays a flrearm or other deadly weapon in a public place ~n a manner calculated to alarm, (11) dascharges a f~rearm on or across a public road, or (12) exposes h~s anus or genitals in a public place and is reckless about whether another may be present who wall be offended or alarmed by h~s act (b) It ~s a defense to prosecution under Subsection (a) (4) that the actor had s~gnaf~cant provocation for h~s abusive or threatening conduct. (c) For purposes of this section (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscrlbed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a) (9) or (a) (10), in which event it is a Class B misdemeanor. (Chgd. by L.1991, chap. 145(2), L.1993, chap. 900(1.01); L.1995, chap. 318(14), elf. 9/1/95.) AGENDA INFORMATION SHEET AGENDA DATE January 23, 2001 DEPARTMENT. Police ACM Jon Fortune ~)~ SUBJECT Receive a staff report, hold a d~scusston, and give staff dtrectton regardtng a proposed ordtnance regulating junk dealers in secondhand merchandtse BACKGROUND. Cmzens of Denton, hke the majority of mumctpahttes throughout the United States, suffer stgmficant property losses as a result of thefts and burglaries Clearance rates nattonally for these crimes are extremely low due to the lack of suspect tnformatlon or property recovery In Texas, the Office of Consumer Credtt enforces regulations regardtng the operatton of hcensed pawnshops The Office reqmres hcensed pawnbrokers to record, tn tnphcate form, mformatton on property that is pumhased or secured by a collateral loan This tnformatlon tncludes a description of the property and tdenttfytng tnformatton regarding the person from whom the property is received The pawnbroker is reqmred to provtde a copy of the form to the local law enforcement authority tn the mumctpal junsdtctlon in which the pawnshop ts located The Police Department receives copies of the pawn tmkets on a weekly basis from all pawnshops within the City hmtts By tracktng the information contmned in the ttckets, police detectives are able to locate property that has been reported stolen and tdenttfy tndtvtduals that are connected to multtple burglaries and thefts As a result, several arrests have been made and thousands of dollars of stolen property have been recovered and returned to the owners However, there are a significant number of jewelers and other retad estabhshments that deal tn new and used merchandise These businesses purchase used merchandtse from lndtvtduals and then market tt for resale Because the transactton is solely a purchase and not a collateral loan, the businesses are not regulated by the Office of Consumer Credtt and are not reqmred to mmntmn any records of the transactton nor provtde any tnformatlon to the local law enforcement authority Therefore, tndtvlduals tn possession of stolen property who sell the property to an unregulated bustness are protected from identification through the lack of any transaction record The Police Department proposes the adoptton of an ordtnance that would require all bustnesses that purchase merchandise from lndlvtduals to matntmn records of the transactions and provide tnformatlon to the Pohce Department tn basically the same reqmrements applied to pawnbrokers under the regulattons of the Office of Consumer Credit At least three metroplex c~t~es, Arhngton, Dallas and Garland, have adopted a s~mdar ordinance to address this ~ssue A draft of the proposed ordinance ~s attached for Counml rewew The ordinance specifically defines the regulated property and the reporting reqmrements Th~s ord~naftce wall fill the ex~stmg gap m the law that allows for the undetected sale of stolen property to businesses The resulting mformat~on wall slgmficantly ~ncrease the Pohce Department's ability to ~dentffy ~nd~wduals ~nvolved ~n burglaries and thefts and assist m the recovery of stolen property OPTIONS 1 The Cotmc~l can d~rect staff to place the ordinance on a future Council agenda for adoptton 2 The Counml can d~rect staff to make rews~ons or prowde further ~nformat~on and present the ordinance for constderat~on at a later date 3 The Council can choose not to consider the ordinance for adoption RECOMMENDATION: Staff recommends Council consider adoption of the ordinance as written 1 It wall assist ~n the ~dent~ficat~on, apprehension and prosecution of mdlwduals ~nvolved xn the comm~ssmn of burglaries and thefts 2 It wall assist m the recovery of stolen property and the return of such property to the owner PRIOR ACTION/REVIEW: Staffrewewed current ordinances from Arhngton, Dallas and Garland The proposed orthnance was written by the C~ty Legal staff, ~n consultation w~th the Pohce Department The Legal Department has approved the ordinance as to form and content FISCAL IMPACT' The ordinance will not revolve any additional costs to the City Respectfully submitted, Gary L Matheson Chief of Pohce Prepared by Detect,ye Special Crimes Umt 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE 2 OF CHAPTER 16 OF TIlE CODE OF ORDINANCES RELATING TO JUNK DEALERS IN SECONDHAND MERCHANDISE, REQUIRING THE PURCHASER OF CERTAIN REGULATED PROPERTY TO MAINTAiN RECORDS IDENTIFYING TIlE AUTHORIZED VENDOR AND RECORDS IDENTIFYING THE SELLER IF THE SELLER IS NOT THE MANUFACTURER OR AUTHORIZED VENDOR, PROVIDiNG FOR A PENALTY NOT TO EXCEED $500 00, PROVIDiNG FOR A REPEALER, PROVIDiNG FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton has an interest ~n discouraging the increasingly prohfic and somally deplorable business activity of deahng ~n stolen property by reqmnng, among other regulations, the purchaser of certain regulated property to maintain a record identifying the authorized vendor or reqmnng the mmntenance of a reliable record identifying the seller of any regulated product if the seller is not the manufacturer or other authorized vendor, and WHEREAS, the C~ty of Denton has an ~nterest ~n the Pohce Department having adequate tools for mvest~gat~ons concermng stolen property, and WHEREAS, the C~ty Cotmml finds that the types of property defined as regulated property by this ordinance are the types of property most frequently stolen and for whmh there ~s a ready market NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Chapter 16 of the Code of Ordinances t~tled "L~censes, Permits, and Business Regulation" is hereby amended to read as follows 16-26 Defintttons The following words, terms and phrases, when used m th~s article, shall have the meamngs ascribed to them m thru sectmn, except where the context clearly ~nd~cates a d~fferent meamng Authorized vendor means any commereml suppher who deals ~n the wholesale d~stnbut~on of regulated property m the ordinary course ofbus~ness ' Business da3, means any calendar day dunng whmh the person who purchases regulated property has the busmess open and ~s conducting business w~th the pubhc Crafted precmus metals mcludes jewelry, silverware, art objects, or any other object made, m whole or m part, from gold, sliver, platinum, palladmm, mdmm, rhodmm, osmmm, ruthemum or their alloys Jewelry includes stones removed from a mounting Junk means and ~ncludes scrap iron, tin, brass, steel, copper, lead, zinc and all other scrap metals and their alloys, old bones, old rags, foil, old chmn, rope or glass, wastepaper, used or damaged jars and bottles, unserviceable machmes, devices and tools, unserviceable parts of machines, devices and tools, unserviceable or wrecked automobiles purchased from the general public for the purpose of being dismantled, and unserviceable parts and accessories of automobiles and any other article in such condition of hurt, damage, injury or wear as to make it no longer usable for the purpose originally intended and of such condition as not to be at least to some extent restorable to ItS former state of service Junk dealer means any person who irregularly or continually, either at wholesale or retail, buys, sells or deals ~n junk, whether as an itinerant or at a fixed place of business Personal identification certificate means a certificate issued by the Texas Department of Public Safety under Artmle 6687b, Vemon's Texas Cavil Statutes Power tools mcludes pneumatic equipment and welding equipment Purchase means a transaction in which a person takes title to regulated property in exchange for valuable consideration Regulated property_ means new or used (1) Electromc equipment, (2) Business machines, (3) Photographic equipment, (4) Power tools, (5) Musical mstruments, (6) Firearms, (7) Jewelry, or (8) Crafted precious metals SECTION 2 That Section 16-27 of the Code of Ordinances ~s hereby amended to read as follows Sec. 16-27 Required Records A person who purchases regulated property for the purpose of resale shall (1) Keep a sales record which indicates the manufacturer or authorized vendor from which the regulated property was purchased and a description of the property purchased, including the make, model, serial number, color and size, or Page 2 of 5 (2) If the regulated property was purchased from other than a manufacturer or authonzed vendor, the person shall (a) At the time of purchases, record an a legible manner, the hme and date of purchase, the name, sex, race, date of btrth, weaght, heaght, address, dnvers hcanse number or personal adentfficataon certaficate number of the seller, a descnptaon of the property purchased, including the make, model, manufacturer, senal number, color and s~ze, and the price prod or other consideration exchanged for the property purchased, (b) At the tame of purchase determine that the photograph on the drivers hcense or personal ~dentfficatlon certificate as a photograph of the seller, (c) Retain possession of the property purchased and w~thhold the property from resale for twenty bus~ness days, (d) Make the purchased property available for ~nspechon by any polace officer dunng the regular busaness hours while the property ~s in the person's possession, and (e) Each purchase or transaction shall be recorded ~n sequentml numbenng and one of the tnphcate receipts shall be g~ven to the Denton Pohce Department w~thln seven (7) calendar days of purchase or wath~n twenty-four hours of a written or oral request of a Denton Pohce officer (3) Each lot, sack, barrel, box or other contmner of regulated property purchased to be kept ~ntact and have written or stamped in a conspicuous place e~ther on the container thereof or, ffno contmner, tagged to each one of the artmles, the serial number of the property as set out an subsectmn(2)(a) (4) A business that buys or sells regulated property must have a clearly posted sagn notifying the seller that the dealer reports all transactaons to the Caty of Denton Pohce Department and that no one under 18 years of age can sell any regulated property SECTION 3 That Section 16-28 of the Code of Ordinances ~s hereby amended to read as follows See 16-28. Offenses and Penaltms. A person commits an offense af he (1) Vtolates Seetaon 16-27 of thru chapter, (2) Fails to retmn possession of regulated property and withhold the regulated property from resale for twenty busmess days, (3) Offers for sale or sells regulated property purchased for resale for which he does not have Page 3 of 5 (a) a sales record indicating the manufacturer or authorized vendor from which it was purchased and a description of the property purchased, including the make, model, senal number, color and s~ze, (b) a record of the seller's name, sex, race, date of b~rth, weight, height, address and a copy of the Texas drivers license, personal ldentfficat~on eemficate, or other form of picture ID issued by Texas or any other state, (c) a record of the person to whom he sells the regulated property, including items listed m Section 16-27(2)(a) and (2)(b), and the pnce paid or other considerations exchanged for the property purchased or sold (4) Fails or refuses to produce for inspection by a pohce officer (a) the records required by Section 16-27 with respect to a particular item of regulated property, when requested to do so at a reasonable time by the police officer and, ~f requested, copies of any such records must be fummhed to the pohce officer, or (b) the regulated property to which the record required by Section 16-27 relates, when requested to do so at a reasonable t~me by the police officer (5) Purchases property from a person under 18 years of age That any ,person found gmlty of violating any provision of flus ordinance shall be fined in an amount not to exceed $500 00 Every separate item of regulated property bought or sold m vlolataon iof ti'ns ordinance shall be considered a separate offense Each day records are not provided to any Denton Pohce Officer as required by th~s ordinance shall constitute a separate offense SECTION 4 The findings and recitations contained an the preamble ofth~s ordinance are substantive and are incorporated into the body of this ordinance as ~fset forth herein SECTION 5 That if any section, subsection, paragraph, sentence clause, phrase or word ~n this o~dmanee, or apphcat~on thereof to any person or ctrcumstance is held lnvahd by any court of competent jurisdiction, such holding shall not affect the vahd~ty of the remaimng portions of thls orchnance, and the C~ty Coancfl of the C~ty of Denton, Texas hereby declares it would have enacted such remaining portions despite any such vahd~ty S~CTION 6 That this ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary is hereby directed to cause the caption of this ordinance to be publl~hed twice In the Denton Record-Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage Page 4 of 5 PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 5 of 5 ~oenda No ~ Aosnda Item AGENDA INFORMATION SHEET Oate_ ~/_.~ AGENDA DATE January 23, 2001 DEPARTMENT Solid Waste ACM: Howard Martin, 349-8232 ~ SUBJECT: Receive a report, hold a d~scusslon, and prowde staff dtrectlon concerning sohd waste sermce, waste mmlmmatlon, and curbslde recychng plans BACKGROUND. In 1995 a comrmttee of over 20 citizens developed a long-range master plan for Sohd Waste Management The Master Plan was updated m 1997 and called for the construction of an Imermedlate Processing Center (IPC) m 2000 and a Materials Recovery Facflrty (MRF) scheduled for constmctton m 2010 The term "Intermedmte Processing Center" as used m the plan refers to a fac*hOd that can segregate clean recyclable materials and/or bale the materials for bulk shipment to vendors A Materials Recovery Fac*hOd as used m the plan refers to a faeflay where solld waste is dumped upon the fac*hod's floor The waste then goes through a separation process to segregate the recyclables from sohd waste using relatively high tech eqtupment and manual sorts Ttus type of facthty costs several md!~ons of dollars to build For the period 1998-2000, the average amount of recyclables collected by the City at its 56 drop- off sites plus those apphances collected by the City curbside or brought to City fac~hties by ea~zens averaged 3,220 tons an~.ually For the same period, yard waste collected curbslde or brought to the compost fac*hOd by citizens averaged 12,496 tons annually As a result, dunng th~ three.year period the City was able to attain an average annual resldentml diversion rate measuredlagamst the resxtentud waste stream (excluding yard waste) of 13%, an average annual restdentml diversion rate mcludmg yard waste approaching 40% All of the foregoing recycling &version rates compare favorably vath many north Texas cities most of which have curbslde recycling programa For example, m September 2000 a consultant for the City of Irving conducted a recycling survey of eight north Texas cities Among the five surveyed cities that conducted eurbslde collections of recyclables and yard waste, thetr average reported ~'ecyclmg rate was 19 58% Of those remaining three cities that conducted curbslde collections of recyclables only, thetr average reported recycling rate was just 10 3% compared to Denton's overall recychng rote (enttre waste stream) of 12 53% Currently, staff ts conducting a eurbslde recychng survey of eleven north Texas e~tles where the number of househnlds served by thetr curbside program ts comparable to the number of Denton's households However, because all of these surveyed cities are served by private compames, much of the reformation that staff ts seeking ts proving dfllicult to obtain and may be inaccurate For example, m order to obtain resldentml and curbslde recycling tonnages, staff was frequently referred by Recycling Coordinators to their private prowders not all of winch weigh the recyclables or yard waste collected from their chent cities Although survey results are incomplete, at tins point m the survey their reported recycling rote averages 9 52% (excluding brush) Among cities that conduct their own curbside collections w~h city forces, their average recycling rate ts 20% In the 1998-2000 t~me frame the Sol~d Waste staff explored the feas~b~hty of estabhshmg a partnerslap vath a private bnsmess to bmld and operate a MRF that was relatively low-tech and low cost Tins particular concept could enable the City to skip the construction of an IPC and go directly to the construction of a modified MRF Such a facthty ts amque became the cost would be between $1-3 mtlhon rather than the astronormcal figures associated w~th a "dmpj MRF" Such a faclhty would be similar to a facthty being operated by the City of I~hdland, wl~ch the staff wsited One of the umque aspects of the operatxon m Midland was that sohd waste was dumped on the tipping floor and was pushed onto conveyors Recyclable materials were removed by mechamcal means and by a manual sort process After removal of the recyclable matemls the remaining sohd waste was baled and trucked to the City Landfill where the bales were stacked and covered Tlms process pertmtted recychng of the commere~ waste stream as well as tha,res~dentml Moreover, the conversion of the Landfill to a Balefill reduced the amount of cover needed and offered the opportumty to save space m the Landfill that could have an econormc benefit The City staff spent considerable time evaluating tim optxon The C~ty advertised for bids for the joint construction and operation of th~ type of facthty After the b~ds were thoroughly rexaewed, all were rejected The best bidder was unwflhng to share fairly m the nsk associated w~th the project and wanted the majority of the potanttal profit Adtht~onally, the facdtty m M~dland ran into regulatory problems w~th the Texas Natural Resources Conservation Comrmssmn that reqmred addttxonal n'aprovemants to the famhty A critical element m making the venture cost effective was the density aclueved m baling At the end of the process the bale density claims made by the vendor seemed to be somewhat exaggerated Our findmlgs were reported to the City Council One of the facts reported was that paper was the commodity that we should focus on first because it ~s the largest component m the waste stream The Mayor (Jim Miller) and a council member suggested that we take an mcremental approach to curbsde recycling by starting with paper and then adding to the facthty year by year to process other materials These suggestxons along vnth staff recommendauons relating to waste mmanm~uon and automation are the basts for the five-year plan promulgated at th~ time The goal of the five-year plan ts to provide a menu of services for resldent~ customers The menu of services and assomated fees will be designed to encourage waste nanmuzat~on and rate eqmty through the use of volume based rates (also known as "pay as you throw") and recycling Under tim plan when facflmes and eqmpment are m place customers would be offered drfferent s~zes of waste containers at dtfferant rates Tim plan would reduce trash collecuons to once per week In conJunCtion w~th these changes the department plans to move toward less labor- intensive collection methods to upgrade the quahty of jobs for our employees and to reduce our dependence upon the labor market by using automated vehicles Within the next few months the department plans to conduct contamertzed (automated) sohd waste collections once per week m designated areas at a reduced rate Continue to proxade once per week collection of yard waste cxtyw~de and proxade demand-response collection of bulky items and apphances cltyw~de Design work for construction of an IPC wdl also be accomphshed m 2001 In 2002 the containerized automated collections will be expanded Yard waste collections wall be adjusted to a cityw~de seasonal collectmn by quadrant, and city.nde charges for bulky ltem/apphances will be implemented An IPC capable of handling paper will be constructed In 2003 containerized automated routes will be expanded, and curhsde collection of newspaper/office paper will begin on all automated routes on a bi-monthly bas~s A baler will be purchased and installed at the IPC, and develop billing systems to accommodate menu of servaces, and beginning to offer smaller s~zed containers at reduced rates In 2004 containerized collectmus wtll expand to all City of Denton Sohd Waste customers and adchtmnal recyclable materials will be collected on the bi-monthly schedule In 2005 all customers are ehglble to receive curhslde recychng collection bi-monthly and one time per week containerized trash collectmn. A comprehensive menu of servaces featuring variable s~zed waste containers will be available mtyw~de at variable rates OPTIONS: 1 Stay w~th the extstmg 5-year plan as proposed 2 Accelerate the curhs~de component 3 Don't proxade curbside recycling semees RECOMMENDATIONS. Adopt the five-year plan as proposed ESTIMATED SCI-IEDULE OF PROJECT: N/A PRIOR ~CTION/REVIEW (Council. Boards, Commission) N/A FISCAL INFORMATION. It ts difficult to isolate the cost of the recycling element of the five-year waste mmnmzatlon and recycling plan because there are several elements not dtrectly related to recycling The Sohd Waste Department ts converting to automated vebacles that cost over $150,000 each versus about $95,000 for the rear-load vetucles we use now The automated vebacle ts more complex than the rear-load rigs and normal maintenance ~s more costly Moreover, the number of redes traveled using automated vehicles increases because the ng must traverse both stoles of the street The crew of the rear-load velu¢les can serve both sides of the street m one pass The Department plans three-year financing of the soM waste vetncles because these ngs can be sold at the end of three years! for 40% or more of theuc value A three-year turn around on a velucle ~ substantu~ reduce the need and cost of n~mtenance and repmr services and ~ hm~t downtnne Determining cost ~s further compheated by the fact that yard waste collections are currently a part of the resldentml budget and our plan calls for one tune per week collection of trash. The nnplementatlon of a curbside recycling program over a four-year period consists of capital expendm~res for auton~ted recycling vehicles, the construction of an mtermedmte processing center, purchase of a baler, and other assocmtad equipment, rolling stock and the staffto process the recyclables collected The flnancud reformation included w~th tins item shows all serwces related to recycling, Lucludmg yard waste collection and apphence pickup m the recychng budget begnmmg w~th fiscal year 2003 Tlns budget reallocation perrmts the Recychng Division to prowde all expenses related to the collection and processing of recyclables Thc attached fina~cud reformation ~ he rewewed at the meeting N/A MAP: Prepared by D~rector of Sohd Waste Eraha"oa I Res~entml Sohd Waste 5-Year Plan Exlublt II Curbside Recycling I-h~hhghts Exbabit III: Denton Racychng Facts Extuba IV Landfill Stte-Lrfe Savings Extuba V Excerpt from Irving Recycling Survey Extu'blt VI Fmanead Information Extub~t VIi Potentml Sevoces and Rate Relatxonslups ExIub~t V~iI Elements of Res~dentnl Waste Mgrat Plan RESIDENTIAL SOLID WASTE FIVE-YEAR PLAN It is the goal of the C~ty of Denton Sohd Waste Department to prowde a menu of services for ~ts residential customers wathm the next five years The bas~s for the menu and assomated fees will be to encourage waste ~t~on and rate eqmty through the use of volume based rates and recychng The department also has begun to move toward less labor-intensive collection methods to upgrade the quahty of jobs for our employees and to reduce our dependence upon changes m the labor market · 2001 Automated. Conduct pilot contamerLzed collection routes once per week m designated areas serving 1,600+ customers at a reduced rate · Continue to provide once per week collection of yard waste · Provide demand response collection of bulky ~tems and apphances Manual: · Continue tunce per week manual collection at $16 O0 / 30 days · Continue to provide once per week collection of yard waste · Bulky ~tems are collected during the residential route · Apphances are collected through the demand response process Recychng: · Improve effimencles ofdrop-offrecyclmg collections · Imtlate the design of a Materials Processing Facthty to enable residential curbs~de recyclmg General: · Plan and revise the bdlmg system to accommodate multiple res~dentml rates · 2002 Automated: · Expand the containerized once per week collect]on routes m designated areas to serve 3,200+ customers · Provide the collection of yard waste on a seasonal schedule by quadrant · Implement c~tywlde charges for the demand response collection of all bulky ~tems and appliances Manual: · Continue twice per week manual collection · Provide the collection of yard waste on a seasonal schedule by quadrant · Implement mtywlde charges for the demand response collection of all bulky ~tems and apphanees F '6hared~lepf~Sohd Wast~,SL Sohd Waste\Toxt Documents~m/' 200 l~sld~nUal three tn five year Bullets doc 5 EXHIBIT 1 Reeychng: · Construct the Matermls Processing Fac~hty to enable curbmde collection ofrecyclable materials dunng 2003 · Continue to anprove the efficlencaes ofdrop-offreeyelmg collections General: · Consider estabhsbang a monthly fee penmttmg res~dentml customers year round dehvery of bulky items and apphances to the landfill m heu of separate fees · 2003 Automated- · Expand the containerized collection routes once per week m designated areas to serve 6,400+ customers Begin offering a smaller waste comamer at a lower rate · Continue to prowde the collection of yard waste on a seasonal schedule by quadrant · Continue to provade eltyw~de charges for the demand response collection of all bulky ttems and apphances Manual: · Continue twice per week manual collection m selected areas · Continue to prowde the collection of yard waste on a seasonal schedule by quadrant · Continue to prowde eltyw~de charges for the demand response collection of all bulky ttems and apphances Recyclmg: · All residential waste customers served on containerized routes wall begin receiving containerized curbs~de newspaper/office paper collection sermces bi-monthly · The Materials Processing Facthty ~s m use receiving all newspaper/office paper collected · Purchase and install a baler at the Materials Processing Fac~hty to enable future curbsxde collectxon of addmonal recycling materials · AdJust the drop-off recycling center program based on the nnpact of curbstde partac~patmn General: · Develop billing system plans enabhng sohd waste comprehensive menu of service packages to be provtded to customers · 2004 Automated: · Expand the once per week comamenzed collection routes to aH City of Denton Solid Waste customers Full eontamenzatmn throughout Denton · Continue to pro,nde the collection of yard waste on a seasonal schedule by quadrant F XsbaredklepfiSohd Waste'~SL Sohd Waste\Text Documents~FY 2001 ~Resldenttal three to five year Bullets doc 6 · Continue to prowde cltyw~de charges for the demand response collection of all bulky ~tems and apphances Recycling: · Ali containerized res~dentxal routes (the enttre Clty) receives containerized curbslde recycling collection serwces b~-monthly · The Materials Processing Facthty ~s m use receiving all recychng materials dehvered for processing · Continue to adjust the drop-off recychng center program based on the tmpact of curbslde participation · 2005 Automated: · All res~dentml sohd waste serrate continues to be prowded through containerized routes · Res~dentml customers will be prowded wath a comprehensive menu of serwces priced at variable rates, Basle, Premaurm Customers select thetr serwce levels · Yard Waste collections continue to be serwced on a seasonal bas~s by quadrant · Continue to provde c~tyw~de charges for the demand response collection of all bulky ~tems and apphances Recycling: · All Res~dentml Sohd Waste res~dentml customers receive containerized curbs~de recycling collectxon serwces bi-monthly · The Materials Processing Fac~hty ~s m use receiving all recycling materials dehvered for processing · Continue to adjust the drop-off recycling center program based on the mapact of curbs~de part~c~patxon CURBSIDE RECYCLING HIGHLIGHTS FROM THE CITY OF DENTON FIVE-YEAR PLAN FOR WASTE MINIMIZATION AND CURBSIDE RECYCLING ~' FY 2001 * Imtmte the design of an Intennedmte Processing Facflmty to enable res~dentml curbs~de recycling } FY 2002 * Construct Intermediate Processing Facility ~ FY 2003 · Begun curbs~de recycling collectmn of newspaper/office paper on eonttunenzed routes · Purchase and install a baler at the Intermedmte Processing Center to enable collectton of addat~onal recyclable materials ~ FY 2004 · Full slate of curbs~de recyclables collections ~s available cltyw~de ~' FY 2005 · C~ty~wde curbs~de recychng and waste rmmmazatton programs all ~n place 8 EXHIBIT 2 DENTON RECYCLING FACTS · 13% of Denton's Residential waste stream was recycled at drop-offfacllmes last year · 27% of Denton's Residential yard waste was diverted fi.om the Landfill and co- composted vath blo-sohds to produce several grades of what we call "dyno-dirt" that is purchased by our citizens (Most conunumUes that have curbstde recycling programs {hvert less than 40% of their resident~al waste stream In conta~ng the City of Plano our staff was reformed that 19% of Piano's waste stream was recy¢lable commodmes and 14% was yard waste for a total dtvemon of 34% ) · The City of Denton Recycling budget FY 2001 - $518,787 FY 2000 - $400,166 FY 1998 - $337,484 · Recent changes m the drop-off recycling program where the drop-off of some materials was consohdated made ~t less convement for recyclers, but made more effective use of available manpower and eqmpment and are helping to prevent contarmnat~on of cert~un materials that had to be landfdled m the past The amount of recyclables continues to increase · 75% of Denton's waste stream ~s from commercial sources The d~verston ofrecyclables from the commermal waste stream ~s the most effective means of d~vemon 9 EXHIBIT 3 LANDFILL SITE LIFE SAVINGS FROM CURRENT RECYCLING EFFORTS FY 2000 Sohd Waste Tons Landfilled - 111,858 Fy 2000 Res~dentml Tons Landfilled - 22,619 FY 2000 Tons Recycled - 3,014 Average Tons Per Day Landfilled - 361 S~te-Lffe Savmgs - 8 3 days per year LANDFILL SITE-LIFE SAVINGS WITH CURBSIDE RECYCLING >, Projected Annual Curbs~de Collection Tonnage - 4875 (d~verted from Landfill) ~ Stte-Lffe Savings 13 5 days/year ~ Less Current Recycling Program 8 3 days 5 2 net days saved per year lO EXHIBIT 4 SOLID WASTE Rate Impact 2002 2003 2004 2005 2006 Residential Rate $18 oo $20 25 $22 28 $24 50 $26 95 Percentage Increase 3.2 50% 12 50% 3.0 00% 10 00% 10 00% Residential Rate Allocahons Waste $13 35 $11 97 $13 03. $14 97 $17 35 Recychng (Drop Off S~tes & Curbs~de) 2 45 6 04 7 00 7 20 7 20 Brush 2 2o 2 23 2 27 2,33 2,40 $i8 00 $20 25 $22 28 $24 50 $26 95 Commercial Percentage Increase 10 00% 10 o0% 7 5o% 7 25% 7 00% Landfill Rate Per Ton Inside C~ty $32 50 $32 50 $33 25 $35 33 $37 80 Outside C~ty $37 50 $37 50 $38 36 $40 76 $43 61 FXHIRIT R $oltd Waste Personnel & Division Budgets ;;091 2002 2003 2004 2005 2l~)6 Solid Waste Personnel ProJectlone Adm~mstrat~on 11 5 12 5 13 5 13 5 13 5 13 5 Residential 39 0 39 0 28 0 26 0 26 0 26 0 Commercial 22 0 22 0 22 0 22 0 22 0 22 0 Landfill 10 0 10 0 10 0 10 0 10 0 10 0 Recyclrng 50 70 22 0 23 0 23 0 23~0 Total Sol~d Waste 87 5 90 5 95 5 94 5 94 5 94 5 Annual Increase / (Decrease) 3 0 5 0 (1 0) 0 0 0 0 Solid Waste Budget Summaries Administration $827,625 $935 698 $1 023 809 $1 057 945 $1,093,422 $1 130 292 Residential 2 651 562 3 055 215 2 854 100 2 697 364 2 670 949 2 693 599 Commercial 2 342 531 2,522 357 2 715,900 2,790 389 2 676 829 2 960 499 Landfill 1,380,740 1,399,648 1,483,117 1 581,159 1,699,693 1 747296 Recychng 523,187 693 015 1 752 562 2 085 756 2,152 902 2 232,349 Total SW Budget Expenses $7,725 645 $8~605 932 $9~829r488 $10~212~613 $10~293 795 $10 764 036 Annual Increase / (Decrease) 880 287 1,223,555 383 125 81 182 470 241 Solid Waste Budget Summaries Personal Services $4,226,335 $4,550 769 $5 001 573 $5 153 852 $5,360,006 $5,574,406 Suppl~as 546 679 573 079 610,272 658,580 678 337 698 687 Maintenance (Excluding Vehicle Maintenance) 149 049 153 520 158 126 162 870 167 756 172 789 Maintenance - Vehicles 827,325 741,630 839,367 909,040 921 492 955 055 Services (Excluding Motor Poel Payments) 363 591 394,499 406,334 413,524 425 929 438 707 Services - Motor Pool Payments 1,144,419 1,474 222 2,085,781 2 271,563 2,106 607 2 279 897 Insurance 48,747 50,209 51,716 53 267 54 865 56 511 Sundry 174,975 180 224 185,631 191 200 196 936 202 844 F~ed Assets 69 979 72 778 75,689 78,717 81 866 85 140 Pnor Year Automated Reserves (Used) 0 115 000 115 000 20 000 0 0 Prior Year Debt Retirement Reserves (Used) 84,350 79,450 74 900 53 g00 0 0 Prior Yesr Cap~l Raserves 50000 150,000 150,000 150,000 150,000 150000 Prior Year O & M Reserves 40,1~6 150 000 150 000 150 000 150,000 150,000 Total SW Budget Expenses $7 725~645 $8 685 382 $9 904 388 $10 266 513 $10~293~795 $10 764,036 Annual Increase / (Decrease) 959 737 1 219 005 362 125 27 282 470 241 Motor Pool Sales Revenues (Used) 0 42 550 88 350 164 791 555 386 555 422 Net Total SW Budget Expanses $7~725~645 $8 642,832 $9,816~038 $10,101~721 $9~738 408 $10 208 614 Annual increase / (Decrease) 917 187 1 173,205 285 684 (363 313) 470 206 Solid Waste Budget Summaries - Excluding Reserves Not Planned For Use (Capital & O&M Reserees) Total SW Budget Expenses $716351449 $8~385 382 $9 604,388 $9,9661513 $9,9931795 $10~464 036 Annual Increase / (Decrease) 749,933 1 219 005 362 125 27 282 470 241 Net Total SW Budget Expenese $7~635~4~.9 $8,342 832 $9 516 038 $9,801 721 $9,438 408 $9,908 614 Annual Increase / (Decrease) 707 383 1 173 205 285 684 (363 313) 470 206 Cumulative Annual Increase I (Decrease) 707 383 1 880 589 2,166 272 1,802,959 2,273 165 13 Solid Waste Personnel & Division Budgets 200t 2002 2003 2004 2001~ 2006 Admlnlstrstlon Administration Personnel # of Admm Personnel 11 5 12 5 13 5 13 5 13 5 13 5 # of Adm~n Staff 5 0 5 0 6 0 6 0 6 0 6 0 # of Customer Relations Staff 6_..~5 7~5 7...~5 7._.~5 7~5 7._.~5 Total Number of Personnel 11 5 12 5 13 5 13 5 13 5 13 5 Administration Budget Admln O~eratlrm Costs 20~1 2002 2003 2004 2005 2006 Personal Services $611,109 $690 819 $775 928 $606,965 $639,243 $672,813 Supplies 12,280 12,648 13, 028 13,419 13, 821 14,236 Maintenance (Excluding Vehicle Maintenance) 23,014 23 704 24 416 25 148 25 902 26,680 Maintenance ~ Vehicles 175 180 186 191 197 203 Services (Excluding Motor Pool Payments) 30,957 31,886 32,842 33,828 34,842 35 888 Services - Motor Pool Payments 3,321 3 421 3,523 3 629 3 738 3 850 Insurance 2,818 2 903 2 990 3 079 3 172 3 267 Sundry 4,405 4,537 4 673 4,813 4 958 5,107 Fixed Assets 15,000 15 600 16,224 16 873 17 548 18 250 Pnor Year O & M Reserves 40 196 150 000 150 000 150,000 150 000 150 000 Pnor Year Debt Retirement Reserves (Used) 84 350 79,450 74 900 53,900 0 0 Total Adm~n Budget Expenses $6271625 $935,698 $1 023 809 $1 057 945 $1T093 422 $1 130 292 Average Adm~n PersonneL Salary 53 140 55 266 57 476 59 775 62 166 64 653 14 Solid Waste Personnel & Division e~dgets 200t 2002 2003 2004 2008 2006 Raeldentlal Personnel # of Residential Personnel 39 39 28 26 26 26 # Managers 4 4 4 4 4 4 # Clerc~al (Res & Commercial) 0 1 1 1 I 1 # of Personnel For Manual Routes 29 16 8 0 0 0 # of Personnel For Automated Routes 4 5 7 9 9 9 # of Personnel For Sern~-Automated Routes 0 0 0 4 4 4 # of Personnel For Bulky 2 4 8 8 8 8 # of Personnel For Brush / Appliance 0 _9 0 _0 _0. _0 Total Number of Personnel 39 39 28 26 26 26 Weekly Routes Manual Routes For Waste 7 4 2 0 0 0 Automated Routes For Waste 4 12 20 23 23 23 Sem~-Automated Waste Routes 0 0 0 1 1 1 Curbs~de Recycling Routes -9 0_ 8 12 12 12 Total Weekly Routes 11 16 30 36 36 36 Resldentlat Budget (Red = Linked) Residential ODeratlna Costa 200t 2002 2003 2004 2006 2006 Personal Services $1,766,944 $1,837,622 $1 372091 $1,325,048 $1 378,050 $1 433 172 Suppt~as 224,375 231,106 238 039 245 181 252 536 260 112 Maintenance (Excluding Vehmle Maintenance) 17,550 18 077 18,619 19 177 19 753 20 345 Maintenance - Vehicles 200,000 218 500 245 655 271 590 263 347 271 248 Services (Excluding Motor Pool Payments) 40,263 61,471 63,315 60,214 62 021 63,882 Services - Motor Pool Payments 369,163 539 044 765,819 719,384 657 224 605 531 Insurance 14,319 14,749 15,191 15 647 16,116 16,600 Sundry 5,970 6,149 6,334 6 524 6,719 6,921 Fixed Assets 12,978 13 497 14 037 14 598 15 182 15 790 Prior Year Automated Reserves (Used) 0 115,000 115,000 20000 0 0 Total Ras~ent~al Budget Expenses $2 697 364 $2 670 949 $2 693 599 Motor Pool Sales Revenues 0 0 53 071 164 746 85 362 Average Ras~dent~el Personnel Salary 45,306 47 119 49,003 50,963 53 002 55 122 15 Solid Waste Personnel & Dlvleton Budgets 200t 2002 2003 2004 2006 2006 Commercial Commemlel Personnel # of Commerc~et Personnel 22 22 22 22 22 22 # of Personnel For Front Load Routes 8 8 8 8 8 8 # of Personnel For Side Load Routes 7 7 7 7 7 7 # of Per'sonnet For Roll-Off Routes 4 4 4 4 4 4 # of Personnel For Bulky ~ Appliance 3 _3 3 _3 _3 _3 Total Number of Pemon~el 22 22 22 22 22 22 Weekly Route6 Front Load Routes 0 0 0 0 0 0 Side Load Routes 0 0 0 0 0 0 Roil-Off Routes 0 0 0 0 0 0 Sulky / Appliance 0 0 0 0 0 0 Total Weekly Roubm 0 0 0 0 0 0 Commerutal Budget (R~d- Linked) Commercial ODer(dna ¢cets 200~ 2002 2003 2004 2006 2006 Personal Services $1,095,796 $1,139,628 $1,185,213 $1,232,621 $1,281,926 $1,333 203 Supplies 172,548 177,724 183,056 188,548 194,204 200,030 M~untenance (Excluding Vehicle Maintenance) 91,857 94 613 97 451 100,375 103,386 106,487 Memtenance Vehicles 350,750 276750 287295 296164 303578 314927 Serv~cas (Exoiudmg Motor Pool Payments) 32,313 33,282 34 281 35,309 36 369 37 460 Serv;ces - Motor Pool Payments 509,815 609 634 736 563 743 972 562 563 772 138 Insurance 17,612 18,140 18 685 19,245 19 822 20,417 Sundry 12,840 13 225 13,622 14,031 14,452 14 885 Fo(ed Assets 9,000 9,360 9,734 10,124 10,529 10,950 Prior Year Capital Reserves 50,000 150 000 150,000 150 0(30 150,000 150,000 Total Commem~al Budget Expenses $2,342,531 $2,522,357 $2 715,900 $2,790,389 $2,676 829 $2,960,499 Motor Pool Sales Revenues 0 27 550 88 350 111 720 320 340 258 020 Average Commercial Penionnet Salary 49,809 51 801 53,873 56 028 58 269 60 600 16 Solid Waste Personnel & Division Budgets 2001 2Q1~2 2003 2004 2006 2Qi~6 Landfill Landfill Personnel # of Landfill Personnel 10 10 10 10 10 10 # of Personnel Landfdl Cover 8 8 8 8 8 8 # of Personnel Landfill Cell Construction _2 _2 2 2 _2 2 Total Number of Personnel 10 10 10 10 10 10 Landfill Budget (Red = Linked) Landfill Oneratlos Costs 2001 2002 2003 2Q~4 2006 2006 Personal Services $511,824 $532,297 $553,589 $575 732 $598,762 $622,712 Supphes 103,200 106,296 109485 112769 116153 119637 Maintenance (Excluding Vehicle Maintenance) 12,964 13 353 13,754 14 166 14 591 15 029 Maintenance - Vehicles 217,000 190 000 200 000 175 000 183 750 192 938 Services (Excluding Motor Pool Payments) 180,057 185 459 191 022 196 753 202,656 208 735 Services - Motor Pool Payments 183,694 194 983 232 584 318 466 389 750 388 275 Insurance 10,821 11,146 11 480 11 824 12 179 12 545 Sundry 151,180 155 715 160,387 155,198 170 154 175,259 F~,ed Assets 10 000 10,400 10 816 11 249 11 699 12 167 Total Landfill Budget Expenses $1~380~740 $%399 648 $1 483,117 $1 581 159 $1 699,693 $1,747 296 Motor Pool Sales Revenues 15 000 0 0 0 0 Average Landfill Personnel Salary 51,182 53 230 55 359 57 573 59 876 62 271 17 $ol,d Waste Personnel & Dlvleton Budgets 2001 2002 20Q~ 2004 2005 2006 Recycling Recycling Personnel # of R~cychng Personnel 5 7 22 23 23 23 # Managers 2 2 3 3 3 3 # Clencal 0 0 I 1 I 1 # Personnel Drop Off S~ts~ 3 3 2 1 1 1 # Personnel ReUse Facll~ 0 1 1 I 1 1 # Personnel IPC 0 0 2 3 3 3 # Personnel HHW Fac~lrly 0 0 1 I 1 # of Personnel For Automated Routes 0 0 2 3 3 3 # of Personnel For Brush / Appliance 0 1_ 1-0 1...~0 1--0 1-0 Total Number ef Personnel 5 7 22 23 23 23 Weekly Routes For Drop Off S~tes 0 0 0 0 0 0 For Automated Routes 0 0 8 12 12 12 For Bulky /Applmnce 0 0 0 0 0 0 For Brush 0 0 0 _0 _0 _0 Total Weekly Routes 0 0 8 12 12 12 Recycling Budget (l~ed = Linked) Recvcllna ODeratlrm Co~8 2001 2002 2003 2Q1~4 2005 Personal Services $240 662 $350,404 $1 114 753 $1,213,485 $1 262,024 $1,312,505 Supphes 34,276 45 304 66 663 98,663 101 623 104,672 Maintenance (Excluding Vehicle Maintenance) 3 664 3 774 3,887 4 004 4 124 4 248 Maintenance Vehicles 59,400 56 200 106 231 166 095 170 621 175 739 Services (Excluding Motor Pool Payments) 80,001 82 401 84 873 87 419 90,042 92 743 Services - Motor Pool Payments 78,426 127,141 347 291 486,111 493 332 510 102 Insurance 3,177 3,272 3 370 3,472 3 576 3 683 Sundry 580 597 615 634 653 672 F~(ed Assets 23,001 23 921 24 878 25 873 26,908 27 984 Total Recycling Budget Expenses $523T187 $693 015 $1 752~562 $2 085 756 $2~152~902 $2 232 349 Motor Pool Sales Revenues 0 0 0 70 300 212,040 Average Recychng Personnel Salary 48,132 50 058 52 060 54 142 56 308 58 560 Average Curbs~de Recychng Rate 48,132 50,058 50 671 52 760 54,871 57 065 18 Multi-Year Solid Waste Vehicle Payment I Utilization Plan Solid Waete Existing & Pr(~ectod Vehl©lo Payments & Expensea Oct-00 Oct~01 Oct 02 Oct 03 Oct-04 Oct 05 Sap-01 Sap-02 Sap-03 Sap-04 Sap 05 Sap-06 200'i 2OD:;; 20Q3 2004 2006 2OO8 End of Year End of Year End of Year End of Year End of Year End of Year Front Ltne Waste Vehlcte Front Line Bulky tteffl Vehicle ~ Front Ltne Yard Waste Vehicle ~ ~ Backup Waste Veh,~le ~aackupBulkyltemVehlcle ~BackupYardWasteVehlcle Residential Motor Pool Payments 9228-2113 Rear Loader 9319-2114 Rear Loader 9502 - 2110 Rear Loader 9503 2111 RearLoader 9804-2115 Rear Loader x 9735 2116 RearLoader x 9858-2117 Rear Loader x 2000040 1668700 9972-2112 Rear Loader x 2053464 2053464 342244 0028 - 2129 Rear Loader x 33 395 70 0029 - 2128 Rear Loader x 33 395 76 To Comrnerc~a~ 01XX-2119 Rear Loader Re )lace x 278300 3339600 01xx- 2t18 Rear Loader Re )lace x 278300 3339600 02~- 2113 Rear Loader Re )lace 573298 34,39788 02~x- 2114 Rear Loader Re )lace 573298 ~ 03xx- 2110 Rear Loader Re )Iaaa 590497 3542982 03xx- 2111 Rear Loader Re )lace 590497 3542982 04xx- 2t15 Rear Loader Re )lace 6082 1~I 3649271 04xx- 2115 Rear Loader Re )lace 608212 3649271 3849271 0 264,~ 37,587 49 05xx - 2117 Rear Loader Re )lace /~ 6 264 58 05~( - 2112 Rear Loader Re )lace 06xx- 2129 Rear Loader Re )lace 6 452 52 0017 - 2100 112 Ton Pickup x 3 180 O0 3 180 00 3 180 00 3 180 00 3 180 00 3 180 00 0018 - 2106 1/2 Ton PIckup 3 180 00 3 180 00 3 180 00 3 180 00 3 180 00 3 180 00 01xx- Flee{ A(~ 1/2 Ton Pickup x 2 044 00 3 504 00 3 504 00 3 504 00 3 504 00 3 504 00 01~(- 9111 - 2 1/2 Ton Pickup x 2 044 00 3 504 00 3 504 00 3 504 00 3 504 00 3 504 00 Automated Weate Service 0030 & 0031 automated greasing sy~ x 4 281 60 4 281 60 4 281 60 0038 - Fleet A; Ceatmners 2000 quant x 35 412 85 38 632 20 38 632 20 3 219 35 0030 - 2130 Side Loader automata x ~ ~ 0 0031 - 2131 S~de Loader, automats x 53 438 40 ~~ 0 01xx - Fleat A~ Side Loader automatm x 445320 5768000 01xx- From Rt Side Loader automated 57 880 00 57 680 00 ~57,880 I:)~ ~ 01xx- From R~ Side Loader automated ~ 5788000 5788000 5768000 ~ ,~ 02)o(- Fleat A0SldeLoeder automated 5941000 5941000 5941000 ~f~ 02xx- FleatAdSideLoader automated 5941000 5941003 5941000 '~ ~ 03xx- Fleat A0 S~de Loader automated 81 200 00 61 200 00 61 200 00 03xx- Fleet Ad S~de Loader automated 61 200 O0 61 200 00 61 200 00 04)~ Replace Side Loader automated 63 050 00 63 050 00 04xx Replace Side Loader automated 63 050 00 63 050 00 05~ Replace Side Loader automated 65 000 O0 65xx Replace S~de Loader automated 65 000 OO E~easea RESIDENTIAL VEHICLE EXPENSE TOTALS 306 880 03 539 044 43 765 819 46 719 384 42 657 224 46 605 530 6~ 19 Multi-Year Solid Waa~ Vehicle Payment I Utilization Plan Solid Waste Exletlng &ProJeeted Vehlele Payments & Expenses Oct-00 Oct-01 Oct*02 Oct-03 Oct*Q4 Oct-05 sep 01 sep-02 Sep-e3 sep-04 Sef>05 Sep-~ 200~ 2QQ~ 2003 2Q04 2006 2006 Realdeat~at Vehicle Matntenence 3 00% 2002 2003 ~QQ4 2oo~ 2o0~ Manual Weate Malntenenoa Inflation 9228 * 2113 Rear Loeder 8319-2114 Rear Leader 0502 - 2110 Rear Loader 9503 2111 Reer Loa~er 1250000 9604 2115 HearLoeder 1250000 9735 2116 Rear Loader 12,500 00 9856 2117 Rear Loader 12 500 00 99*72 - 2112 Rear Loader 12 500 00 12 875 00 6026 2129 Rear Loader 12 600 00 12 875 00 0029 2120 Rear Loader 12,500 00 12 075 00 01~ 2119 Rear Loader R~ ~ace 1250000 1287500 1326125 01xx 2118 Rear Loader R; pleae 12 500 00 12 875 00 13 261 25 02~ 2113 Reer Loeder R; place 1250000 1287600 1326125 1366909 023~ 2114 Rear Loader R; place 1250000 1287500 1326125 1365909 1406886 03xx- 2110 Rear Loader R; pleae 1287500 1326125 1365909 1406886 03= 2111 Rear Loader R; place 1287600 1326125 1365909 1406686 04~ - 2115 Rear Loader R; place 13 261 25 13 659 09 14 060 86 04= 2116 Rear Loader R place 1326125 1365909 1406886 05= 2117 Rear Leader R; place 13 659 09 14 068 86 05= 2112 Rear Loader Replace 1365969 1496886 06= ~ 2129 Rear Loader Replace 14 068 86 0017 2100 ll2 Ton Pickup 200000 206000 212180 218645 225102 01~e(- Flee{ Ad 1/2 Ton P~ckup 2 000 00 2 060 00 2 121 80 2 185 45 2 251 02 01xx- 0111 - 2112 Ton Pickup 200000 206000 212180 218545 225102 Automated Weate Malntenence 0030 & 0031 aub3mated greasing syate[ns 0038 Fleet A( Containers 2000 quantity 0030 - 2130 Side Loader automated 15 000 00 15 450 00 15 913 50 0031 - 2131 Side Loader automated 15 000 00 15 450 00 15 913 50 01xx Flea{ A~ Side Loeder, automated 15,00000 1545000 1591350 01)o( Fronl Ri Side Loader autonlated 15 000 00 15 450 00 15 913 50 16 300 91 01xx - Frofn R~ Side Loader automated 1800000 1545000 1591350 1639091 02~ Fleat Ad Side Loader automated 1545000 1591350 1639091 1688263 02)~ Fleet A(J S~de Loader, automated 15 450 oo 15 913 50 16 390 91 16 882 63 02xx -Fleat Ad Side Loader, autofflated 1545000 1591350 1639091 1688283 03~( -Fleat AC Side Loader, automated 1591350 1639091 1688263 03~c< FleatA(fSIdeLoader automated 1591350 1639091 1688263 04~( - Refliace Side Loeder automated 1639091 1688263 04xx - Redlace Side Loeder automated 1639091 1688263 05)o(- Replace Side Loader, automated 16 882 63 05xx* Refllaoa Side Loader, automated 16 882 63 RESIDENTIAL VEHICLE MAINT EXPENSE 218,500 00 245 655 00 271 590 40 263 347 21 27t 247 62 2O Multi-Year Solid Waste Vehicle Payment / Utilization Plan 5olld Waste Existing & PreJeoted Vehicle P~ymente & Expenses Oct 00 Oct-01 Oct-02 Oct.)3 Oct 04 Oct.5 Sept01 Sap-02 Sep-03 Sap-04 Sept5 Sap-06 200~ 2QD2 :~qO:} 2004 200~ 2006 End of Year End of Year End of Year End of Year End of Year End of Year Commercial Solid Wests Vehicle Payments 2001 2002 2003 2004 2005 2006 Commercial 8otid Waste 9607 - 2244 Front Loader 9766 ~ 2245 Front Lceder (not 2231) 29 005 9856- 2246 Front Loader 19 371 9974 - 2247 Front Loader 32,409 32,409 32 409 0033 2248 Front Loader (not 2240) 50 804 01xx 9573 2 Replace Fret Loader 4 234 50 804 01xx 9579 2 Replace Front Loader 4234 50,804 01xx FA Fleet Add Front Lc~ler 4234 50804 50804 02~ Replace Frof~t Loader 4,361 52 328 52 328 02~o~ Replace Front Loader 4,381 52 328 52 328 03xx Replace Fro~t Lceder 4 492 53 898 03xx Replace Front Leader 4 492 53 898 53 898 09 04~ Replace Front Loader 4 626 55 515 03 05xx Replace Frent Lceder 4 765 04 57 180 48 05~ Replace Front Lcede~ 4 765 04 57 180 48 05~o( Replace Front Loader 4 765 04 57 180 48 08xx Replace Fro~t Loader 4 907 99 06~o~ Replace Front Loader 4 907 99 9803 - 2224 Roll-Off 9716-2225 Roll-Off 9853 2226 Roll Off 9971 2227 Roll Off Cab-Over Truck 9970 - 2228 Roll Off Conversion Tn. (not 2221 ) 01xx- 9542 - 2 Replace Roll Off 02xx Replace Roll Off 02~o( Replace R~II Off 03= Replace Ro~l Off 3,248 04~ Replace Roll Off 3,344' 40 125 05= Replace Roll Off 3,444 41,329~ 05xx Replace Roll Off 3,444 41 32!~ 05xx Replace R~I Off 3 444 41 329 00xx Replace Rotl Off 3 547 06~c~ Replace Roll Off 3 547 9855 - 2234 Side Loader 0034 - 2232 S~de Loader 01~x- 9443 2 Replace Si(~e Lceder 01xx- 9444 2 Replace Side Loader 03xx Replace S~de Loader 04xx Replace Side Loader 05xx Replace Side Loader 05~0~ Replace Side Loader 07xx Replace Side Loader 9567 2251 Conta~nerDeltvery 0 0 0 0 0 0 04xx Replace Container Truck 4 492 9 660 9 660 9121 ~ 2219 Roadoader ~ Bulky 0 0 0 9616 2290 Fo~ Lift 0 0 0 9225 2202 3/4 Ton Pickup 0 0 0 9564 - 2203 3/4 Ton P~ckup 0 0 0 9843 - 2200 1/2 Ton Pickup 3 260 3 260 1 902 9957 - 2201 3/4 Ton Pickup 5,267 5 267 5 267 3 072 02x~- 2202 Replacement Piekep I 038 3 275 3 275 3 275 3 275 05xx* 2203 Replacement Pickup I 834 3 668 COMMERCIAL VEHICLE EXPENSE TOTALS 375 437 009 634 736 563 743 972 562 563 772 138 21 Multi-Year Solid Weete Vehicle Payment / Utilization Plan Solid waete Existing & Projected Vehicle Payments & Expenses Oct-00 Oct-01 Oct-02 Oct 03 Oct 04 Oct-05 Sep-01 Sep-02 Sep,-03 Sep-04 Sep*Q5 Sep-06 2~91 2002 2003 ~Q(~4 2005 2006 Commercial Maintenance 3 00% 201)~ ~Ol~:} 2004 2006 2006 Front Load 14,500 Inflation Roll-Off 12 000 Side Load 13 §00 9607 - 2244 Front Loader 9766 - 2245 Front Loader 9856 - 2246 Front Loader 14 500 9974 2247 Front Loader 14 500 0038 - 2248 Front Loader 14 800 14 935 01xx- 9573 - 2 Replace Fn~t Loader 14 500 14,935 15 383 01xx- 9579 2 Replace Front Loader 14500 14935 15383 01=o(- FA Fleet Add Front Lceder 14,500 14 935 15 383 02xx Replace Front Loader `14 800 14 935 15 383 15 845 02)0( Replace Froflt Loader 14 500 14 935 15 383 15,845 93x~ Replace Front Loader 14 935 15 383 15 845 16 320 03xx Replace Froflt Loader 14 935 15 383 15 845 16 320 04xx Replace Front Loader 15 383 15 845 16 320 05xx Replace Fm~t Loader 15 845 16 320 05)0( Replace Front Loader 15 845 16 320 05xx Replace Front Loader 15 845 16 320 06xx Replace Fruit Loeper 16 320 06xx Replace Fro~t Loader 16 320 9603 - 2224 Roll Off 9716 - 2225 Roll-Off 12 000 0853 - 2226 Roll-Off 12 000 12 360 9971 - 2227 Roll Off Cab-Over Truck 12 000 12 360 12 731 9970 - 2228 Roll Off Convemion Truck 12 000 12 360 12 731 01~(- 9542 - 2 Replace Roll Off '12 000 12 360 12 731 02xx Replace Roll Off 12 000 12 360 12 731 13 113 02xx Replace Roll Off 12 000 12 360 12 731 13 113 03xx Replace Roll Off 12 360 12 731 13 113 13 506 04)o( Replace Roll Off 12 731 13 113 13 506 05xx Replace Roll Off 13 113 13 508 05~( Replace Roll Off 13 113 13 506 05xx Replace Roll Off 13 113 13 506 96xx Replace Roll Off 13 506 08~0( Replace Roll Off 13 506 9855 - 2234 Side Loader 13 500 0034 - 2232 Side Loader 13 500 13 905 01]e( 9443 - 2 Replace Side Loader 13 500 13 905 14 322 01~(- 9444 - 2 Replace Side Loader 13 500 13 905 14 322 03xx Replace Side !.J3ader 13 905 14 322 14 752 15 194 04xx Replace Side Loader 14 322 14 752 15 194 05xx Replace Side Loader 14 752 15 194 05xx Replace Side Loader 14 752 15 194 07xx Replace Side Loader 9567 - 2251 Container Dolive~j 5 000 5 150 5 305 04xx Replace Colltainer Truck 250 4 000 4 120 9121 * 2219 Roarloader- Bulky 4 000 4 120 4 244 4 371 4 502 9616 - 2290 Fed( Lift 4 000 4 120 4 244 4 371 4 502 9225 - 2202 3/4 Ton Pickup 2 500 2 575 2 652 2 732 2 814 9564 - 2203 3/4 Ton Pickup 2 500 2 575 2 652 2 732 2 814 9843 - 2200 1/2 Ton Pickup 2 000 2 060 2 122 2 185 2 251 9957 2201 3/4 Ton Pickup 2 600 2 575 2 652 2 732 2 814 02~ ~ 2202 Replaoamel~t Pickup 250 2 500 2 575 2 652 2 732 05xx 2203 Replaoamel~t P~ckup 250 2 500 COMMERCIAL VEHICLE MAINT EXPENSE 276 750 287 295 296 164 303 578 314 927 22 Multi-Year Solid Waste Vehlcla Payment I Utilization Plan aolld Waste Existing & projected Vehicle Payments & Expenses Oct-00 Oct 01 Oct-02 Oct-03 Oct-04 Oct-05 Sap-01 Sap-02 Sap-03 Sap*-04 Sap-05 Sap-06 2OOl 2002 End of Year End of Yea~ End of Year End of Year End of Year E~d of Year LANDFILL VEHICLE PAYMENTS 2O0t ;~ID0:~ 2003 2004 2005 2006 Landfill Vehicles 815 Compactor 0 0 826 Compactor 9 0 02xx 836 Compactor Replac 525 000 52 500 105,000 105 000 105 000 105 000 93xx 2301 3/4 Ton Pickup 0 0 g659- 2300 314 Tort P~ckup 2 030 0 02)o( 3/4 Ton Fleet Addition 0 819 3 275 3 275 3 275 3 275 x;~ 623 E Scraper 0 0 0 9854 2365 Scmper 94 422 94 422 39 342 0 Scraper Replacement 450 000 45 00o ~0 000 90 000 9857 2362 Motor Grader 29 551 29 551 14 776 0 0969 Water Truck 17 691 17 691 17 691 17 891 I 474 0 03xx D8 Dozer Fleat Addltio~ 528000 0 0 52,500 105000 105000 105000 973 Track Leader 0 0 0 04xx Track Loader Replacen 425,000 0 0 0 42 500 85 000 85 000 LANDFILL VEHICLE EXPENSE TOTALS 143 694 194 983 232T584 318 466 389 750 388 275 Landflll Maintenance Expenses 217000 t90 000 200 000 175 000 183 750 192938 23 Multi-Year Solid Waste Vehicle Payment I Utilization Plan Solid Waste Exf~tlng & Projected Vehicle Peyment~ & Expenses Oct-00 Oct 01 Oct-02 Oct 03 Oct 04 Oct 05 Sep-01 Sep-02 Sel~03 Sep-04 Sep-05 Sep-06 2001 ~OQ2 2003 2004 2006 2006 Recycling Division Vehicle Payments 2~1 2002 2003 2004 2000 2006 8557 - 2450 Crone Truck 0 03xx Crane Truck Replacement 0 0 3 326 6 653 6 653 6 653 9041 2452 ContainerTruck 0 02.~ Container Truck Repla( 42 0DO 1 470 8 820 8 820 8 820 8 820 9350 2491 Knuckleboom Brush 0 01xx FA KnuckJeboom Brush Fleet Add 6 924 13 ~48 13 848 13 848 13 848 13 848 03xx Knucklepoom Replacement 7 339 14 679 14 679 14 679 9842 2400 1/2 Ten Pickup 3 260 3 260 I 902 0 0 0 02)c~ 1/2 Ton Pickup Fleet Add 1,638 3 275 3 275 3 275 3 275 0t)~- 8678 1 Ten Flatbed w/torero Appliance 3,138 6 276 6 276 6 276 6 276 6 276 01xx - 9201 Front Loader 4 234 50 804 50 804 46 570 04)cx Front Loader Replacement 4 615 55 376 55 376 01)o(- 9321 Roll Off 3 080 36 720 39 720 33 660 0 0 04xx Roil Off Replacement 3 335 40 025 40 025 Reuse Facility & IPC Vehicle Payments 02xx Cat Loader- Reuse 125 000 0 13 125 28 250 28 250 26 250 26 250 02xx Cat Loader- IPC 8here with a~ove 0 0 0 0 0 0 03XX Baler Front Line In CIP 0 0 0 0 0 0 04xx ? Automated Curb~lde Vehicle Payments 02xx Fleet Ad Side Loader automated 02xx Fleet Ad S~de Loader automated ,lODo 02~x - Fleet Ad S~de Loader automated 62 gl0 00 6291000 62 910 ~0 03xx - Fleet Ad Side Loader automated 64 7DO 00 64 700 DO 03xx- Fleet Ad S~de Loader automated 64 700 DO 64 700 DO 05xx- Replace Side Loader automated 68 500 05xx - Replace Side Loader automated 68 500 00 05)c~ - Replace Side Loader, automated 68 500 00 06xx Replace Side Loader automated 06)o~- Replace Side Loader automated RECYCLING VEHICLE EXPENSE TOTALS 20 616 127 141 347 291 486 111 493 332 510 102 24 Multi-Year Solid Waste Vehicle Payment I Utilization Plan Solid Waste Existing & ProJeoted Vehicle Paymonte & Expenses Oct-O0 Oct 01 Oct 02 Oct 03 Oct-04 Oct-05 Sep-01 Sep 02 Sep-03 Sep-04 Sep-05 Sep-06 ~)1)1 ~QI}2 ~003 2004 2006 2006 Recycling Maintenance 3 00% :~);~ ~)? 2004 ~QO6 2006 Inflation 85§? 2450 Grene 03~( Crane Truck Replacement 5 009 5 150 5 305 9041 2452 Contaner Truck 5 000 02xx Container Truck Replacement 5 000 5 150 5 305 5 464 9350 2451 Knuckleboenl Brush 5 000 01xx FA Knuckleboom Brash Fleat Add 5 009 7 500 7 725 7 957 8 195 03xx Knuckleepom Replacement 9842 2400 1/2 Toe Pickup 1 200 t 236 I 273 I 311 1 351 02xx 1/2 Ton PIcklJp Fleet Add I 200 1 236 I 273 I 311 01xx 8678 1 Ton Flatbe¢l w/temmy IIR 5 000 5 150 5 305 5 464 5 628 01~ 9201 Front Loader 14 509 14 935 15 383 04xx Front Loader Reptaoament 15 500 15 965 01~ - 9321 Roll Off 12 000 t2 360 12 731 04xx Roll Off Replacement 13 000 13 390 FY 2002 Buy Equipment for Retme& IPC 02xx Cat Loader- Reuse 3 500 7 500 7 725 7 957 8 195 026~ Cat Loader- IPC Sheru w~th above 0 0 0 0 0 03xx Baler Front Line 25 000 25 750 26 523 Automated CurbsIdo Malntenenoa 02xx- Fleet Ad Side Loader,automated 15 450 00 15 913 50 16 390 91 02~- Float Ad Side Loader automat~l 1545000 1591350 1639091 02)06- Fleet Ad Side Loader, automated 15 450 00 15 913 50 16 390 91 03)e( - Flee~ Ad S~de Loader autoruated 1591350 1639091 1688263 03xx Floa~ Ad Side Loader, auicmated 1591350 1639091 1688263 05~ Replace Side Loa~er actomated 16 882 63 05~- Replace Side Loader, acic~mated 16 882 63 05xx- Replace Side Loader automated 16 882 63 0§xx- Replace Side Loader, actemated 08xx- Rep]ace S~de Loader, automated Recycling Maintenance 0 56 200 106 231 166 095 170 621 175 739 25 Vehicle Sales Revenues Projected Solid W;~ate Vehlata Sale Revenues 2002 2003 21)04 2006 2006 salld Waste Revenue Summery Residential $0 $0 $53 071 $164,746 $85 362 Commercial 27,550 88 350 111,720 320,340 258 020 Landfill 15 000 0 0 0 0 Recycling 0 0 0 70 300 212 040 Solid Waste Total $42~550 $88 350 $164~791 $555~386 $555 422 Revenues from Vehicle Sales Manual Waste Service 9228 - 2113 Rear Loader 9319 - 2114 Rear Loader 9502 - 2110 Rear Loader 9503 - 2111 Rear Loader 9604 - 2115 Rear Loader 9735 - 2116 Rear Loader 9858 - 2117 Rear Loader 9972 - 2112 Rear Loader 15,000 00 0028 - 2129 Rear Loader 38,071 17 0029 - 2128 Rear Loader 01xx- 2119 Rear Loader Replace 38 071 44 01 xx - 2118 Rear Loader Replace 02)o(-2113 Rear Loader Replace 1960679 02xx - 2114 Rear Loader Replace 03xx - 2110 Rear Loader Replace 03xx - 2111 Rear Loader Replace 04xx- 2115 Rear Loader Replace 04xx - 2116 Rear Loader Replace 05xx- 2117 Rear Loader Replace 05~( - 2112 Rear Loader Replace 05xx - 2129 Rear Loader Replace 0017 - 2100 1/2 Ton P~ckup 0018 - 2106 1/2 Ton Pickup 01 xx - Fleet Add 1/2 Ton Pickup 01xx - 9111 - 210 1/2 Ton Pickup Automated Waste Sarvloa 0030 & 0031 automated greea~ng systems 0038 - Fleet Add Containers, 2000 quant~y 0030 - 2130 Side Loader, automated 30,459 89 0031 - 2131 Side Loader automated 30 459 89 01xx - Fleet Add S,:la Loader automated 65 755 20 01~o( - From Reea S~a Loader automated 32 877 60 01xx - From Rase Side Loader automated 32,87'/60 02~ ~ Fleet Add SMa Loader automated 02xx - Fleet Add Side Loader automated 02xx - Fleet Add Side Loader automated 03~ - Fleet Add Side Loader automated 03xx- Fleet Add S~de Loader automated 04xx - Replaceme SK~e Loede~ automated 04xx - Replacsme Side Loader automated 05xx - Replaceme Side Loade~ automated 05xx - Replaceme Side Loadel automated Res~dentml Vehicle Revenues 0 00 0 00 53,071 17 164,746 42 85 361 99 26 Vehicle Sales Revenues Projected Solid Waste Vehicle 8ale Revenues 2002 2003 2004 2005 Revenues from Vehicle ~ales Commercial Solid Weete 9607 - 2244 Front Loader 9766 - 2245 Front Leader 27,550 9856 - 2246 Front Loader 27 550 9974 - 2247 Front Loader 60 800 0033 - 2248 Front Loader 57 000 01xx - 9573 - 224 Replace Front Loader 57 000 01xx - 9579 - 224 Reptaoa Front Loader 57 000 01xx- FA Fleet Add Front Loader 57,000 02xx Replace Front Loader 57,760 02xx Replace Front Loader 57,760 03xx Replace Front Loader 03xx Replace Front Loader 04xx Replace Front Loader 05xx Replace Front Loader 05xx Replace Front Loader 05)0( Replace Front Loader 06xx Replace Front Loader 06xx Replace Front Loader 9603 - 2224 Roll-Off 9716 - 2225 Roll-Off 9853 - 2226 Roil-Off 9971 - 2227 Roll Off Cab-Over Truck 9970 - 2228 Roll Off Conversion Truck 01xx - 9542 - 222 Replace Roll Off 39 900 02xx Replace Roll Off 42 180 02.~ Replace Roll Off 42 180 03~ Replace Roll Off 04~ Replace Roll Off 05xx Replace Roll Off 05~ Replace Roll Off 05xx Replace Roll Off 06xx Replace Roll Off 06xx Reptace Roll Off 9855 - 2234 Side Loader 0034 - 2232 S~de Loader 54,720 01~( - 9443 - 223~ Replace S~de Loader 54 720 01~( - 9444 - 22:~ Replace S~de Loader 54,720 03xx Replace S~le Loader 58 140 04xx Replace S~de Loader 05~( Repleoa S~de Loader 05xx Replace Side Loader 07xx Replace Side Loader 9567 - 2251 Container Delwery 04~( Replace Container Truck 9121 - 2219 Rearloader - Bulky 9616 - 2290 Fork Lift 9225 - 2202 3/4 Ton P~ckup 9564 - 2203 3/4 Ton P~ckup 9843 - 2200 1/2 Ton P~ckup 9957 ~ 2201 3/4 Ton P~ckup 02xx - 2202 Replacement Pickup 05xx - 2203 Replacement P~ckup Revenues Commercial Veh~ole Revenues 27,550 88 350 111,720 320 340 258 020 27 Veh,cle Sales Revenues P~'ojected Sohd Waste Vehicle Sale Revenues 2002 2003 2004 2006 2006 Revenues from Vehicle Sales Landfill Vehicles 816 Compactor 15,000 826 Compactor 02xx 836 Compactor Replacement 03xx - 2301 3/4 Ton Pickup 9659 - 2300 3/4 Ton P~ckup 02xx 3/4 Ton Fleet Addition :~x 623 E Scraper 9854 - 2365 Scraper Scraper Replacement 9857 - 2362 Motor Grader 9969 Water Truck 030( D8 D~er Fleet Addition 973 Track Loader 04xx Track Loader Replacement Landfill Vehicle Revenues 15~000 0 0 0 0 28 Vehicle Sales Revenues Projected Sohd Wrote Vehicle Sale Revenue~ Aoo2 2003 ~Q~4 2008 ~ Revenues from Vehicle Sales Recycling D~vieion Vehlclee 8557 - 2450 Crane Truck 03xx Crane Truck Replacement 9041 - 2452 Contaner Truck 02~ Container Truck Replacement 9350 - 2451 Knucklehoom Brush 01xx- FA Knuckleboam Brush Fleet Add 03= Knucklebonm Replscement 9842 - 2400 1/2 Ton P~ckup 02xx 1/2 Ton P~ckup Fleet Add 01 ~( - 8678 1 Ton Flatbed w/tommy I~t 01~< - 9201 Front Loeder 57,000 04xx Front Loader Replacement 0 O0 01xx- 9321 Roll Off 13 300 04xx Roll Off Replacement Reuse FaciMy & IPC Vehicle Payments 02xx Cat Loader - Reuse 02xx Cat Loader - IPC 03~ Baler - Front Line 04xx ? Automated Curbs~de Vehicle Payments 02xx- Fleet Add Side Loader, automated 70 680 02xx - Fleet Add Side Loader, automated 70 680 02xx- Fleet Add Side Loader, automated 70,680 03xx - Fleet Add Side Loader, automated 03xx- Fleet Add Side Loader, automated 05)~< - Replaoame Side Loader, automated 05xx- Replaoame Side Loader, automated 05~< - Replaceme Side Loader, automated 06xx- Replaceme Bide Loader, automated 06xx - Rep~aoame Side Loader automated Revenues Recycling Vehicle Revenues 0 0 0 70~300 212~040 29 Total lstTImeAutomatod Vehiole Plan No Replacement Vehicles Included - cee individual sheet notes for replacement vehicle comments 2000 2001 2QQ~Z 2003 2004 2006 2006 let Time Annual Automated Budget I Reserve Vehlnle Funding Budge~d Waste Veh~clas 2 I 3 2 0 0 0 Reserve Funded Waste Veh;clas _0 2 0 _0 _0 _0 _0 Total Budget / Reserve Waato Vehtcle Plans 2 3 3 2 0 0 0 Budgeted Curbs~de Vehicles 0 0 3 2 0 0 0 Reserve Funded Curbside Vehicles _0 0 0 0 _0 0 0_ Total Budget / Reserve Curbelde Vehicle Plans 0 0 3 2 0 0 0 Total Budgeted Waate & {3urbetde Vehicles 2 3 6 4 0 0 0 Cumuiahve Budgeted Numbers 5 11 15 15 15 15 1at Time Cumulative Front Line I Bankup Vnhlnlas Front L~ne Waste Veh~clas 0 1 3 5 6 6 6 Back Up Waste Vehicles 0 1_. _2 3 4 3 3 Total Front bna / Backup Wnate Vehicles 0 2 5 8 10 9 9 Front L~ne Curbs~deVeh~cies 0 0 0 2 3 3 3 Back Up Curbs~de Vehicles _0 0 0 1_ _2 2 _2 Total Front L~ne / Backup Curl~lda Vehicles 0 0 0 3 5 5 5 Cumulative Total Fro~t Line & Backup Westo & Curl~lde Ve 0 2 5 11 t0 14 '14 Annual Automated Vehicle Growth 3 6 4 (1) 0 30 Data Analysis for Automated Routes 2 75% 2 75% 2 75% 2 75% 2 75% Solid Waste Service Only - No Recycling Service December 6 2000 Full Fiscal Year Contarnenzat~on 1998 1999 2000 2001 2002 2003 2004 2005 2006 Residential Customers Billed 17,310 17,810 18,310 18,810 19,327 19,859 20,405 20,966 2t,643 Annual Residential Growth 500 500 500 5t7 532 546 561 577 # New SW VehicleAdd~tions The receipt of these vehicles permits usage beglnmng the next fiscal year Automated Vehicles Budgeted 2 I 3 2 0 0 0 Vehicle Purchases from Reserves 2 Years Vehicles am Usable 1 2 2 1 0 0 Backup Vehicles 1 I I 1 0 0 Cumulabve Automated Vehicles Usable Front L~ne I 3 5 6 6 6 Backup 1 2 3 4 3 3 Backup % Rat~ 100% 67% 60% 67% 50% 50% Homes P~cked Up Per Route 800 800 800 800 800 825 Automated M 800 2,400 4 000 4 800 4 800 4 950 Homes Served beginning Februa~j 2001 T 800 2 400 4 000 4 800 4 800 4 950 W 800 2 400 4 000 4,800 4 800 4 950 Th 800 2,400 4 000 4 800 4 800 4 950 F Rsadantial Home Pickups HomsaPicked Up (4 Days Pe~ WeekPer Truc, k) 3200 9,600 16000 19200 19200 19800 Annual Automated Growth 6 400 6 400 3,200 0 600 Residential Customers 18 810 19,327 19 859 20 405 20 966 21 543 Bemi-autemated Route Customers I 205 1,766 1 743 Percentage of Residences Served 17 01% 49 67% 80 57% 100 00% 100 00% 100 00% I 0 30 50 60 60 60 10 30 50 60 60 60 1 0 30 50 60 60 60 1~0 30 5__p.O 60 6_..~0 6~0 Total Weekly Routes 4 0 12 0 20 0 24 0 24 0 24 0 Total Weekly Automated Routes (Rounded) 4 0 12 0 20 0 24 0 24 0 24 0 31 Date Analysis for Manual Routes Solid Waste Service Only - No Recycling Service December 13, 2000 2001 2002 2003 2004 2006 2006 Manual Route Waste Vehicles Total Residential Customers 18,810 19,327 19,859 20,405 20,966 21 543 Customers To Be Served By Manual Routes 15,610 9,727 3,859 0 0 0 Existing and Planned Manual Routes for Waste 7 4 2 0 0 0 Average Customers Per Manual Route 1,115 1,216 965 Front Line Manual Trucks 7 4 2 Manual Trucks for Backup & Other Fronthne Purposes 4 7 7 Total Rearload Trucks 11 11 9 Budgeted Vehicles Budgeted Additions to Fleet Vehicles 1 0 0 0 0 0 Manual Rearloader - For Bulky Items on Automated Routes Backups Backupsi Total Rearloaders Required Rearload Truck Utilization Backup to Manual Waste Routes 2 1 Fmnthne Bulky Items 1 2 2 2 2 Backup Bulky Item 1 1 1 1 1 Fronthne Yard Waste 2 2 2 2 2 Backup Yard Waste 1 1 I 1 1 Sem~-automated Route 0 0 1 1 1 Sem~-automated Backups 0 0 1 I 1 (Equipped w~th TIppers} Backup & Other Rearload Truck Totals 7 7 8 8 8 32 Residential Curbside Recycling Vehicles Conta~nenzed Curbs~de'Recychng 2000 2001 2002 2003 2004 200~ 2006 Automated Residences to receive Curbs~de 0 0 16,000 20,405 20,966 21,543 Pickups Per Month (26 Annual) Every 2 Weeks 2 17 2 17 2 17 2 17 Homes Serviced Per Route 1,000 855 875 900 M 2,000 2,565 2,625 2,700 T 2,000 2,565 2,625 2,700 W 2,000 2,565 2,625 2,700 Th 2,000 2,565 2,625 2,700 F M 2,000 2,565 2,625 2 700 T 2,000 2,565 2,625 2,700 W 2,000 2,565 2,625 2,700 Th 2,000 2,565 2,625 2,700 F Residential Customers Served 16,000 20,520 21,000 21,600 Total Weakly Routes 8 00 t2 00 12 00 12 00 Routes P~cked Up Per Day 2 00 3 00 3 00 3 00 Automated Vehicles Btldgetad 3 2 0 0 0 Vehicle Purchases from Reserves 0 0 0 0 0 Years Vehicles are Ueable 2 1 0 0 Backup Vehicles 1 1 0 0 Cumulabve Automated Vehicles Usable Front L~ne 2 3 3 3 Backup 1 2 2 2 Backup % Ratio 50% 67% 67% 67% 33 Date Analysis for Plakup of Bulky Items Automated All ~$ Demand Demand Response Response 2001 2002 2003 2004 2005 2006 Customers ToBeServed By ManualWaste Routes 15,610 9,727 3,859 0 0 0 Customers To Be Sewed By Automated Waste Routes 3.200 9,600 16,000 201405 201966 21,543 Total Customem 18 810 19,327 19 859 20 405 20 966 21 543 Cumulatr~e RearloaderVeh~cles Required For Bulky Items Frontllne I 1 2 2 2 2 Backup _0. I 1 1 1 Total I 2 3 3 3 3 34 Data Analysis for Pickup of Appliances ^utomated All ;s Demand Demand Response Response 2001 2002 2003 2004 2005 2006 Customers To BeServed By ManualWaeteRoutes 15610 9727 3859 0 0 0 Customers To Be Served By Automated Waste Routes 31200 9,600 16,000 201405 20,966 21,543 Total Crmtomers 18810 19327 19859 20405 20966 21543 Cumulative Apphance Vehicles Required 2 2 2 2 2 2 One new truck amv~ng by Sept 2001 35 Replacement Vehicles 2000 2001 2002 2003 2004 2005 2006 Cumulative Automated Waste Vehlclea 1st T~me Automated,Waste Front L~ne Use 1 3 5 6 6 6 1st T~me Automated, Waste Backup 1_ 2 3 4 3 3 2 5 8 10 9 9 Replacement Vehicles On L~ne 2 2 2 Cumulative Automated Recycling Vehicles 1st T~me Automated,Recychng Front Line Use 2 3 3 3 1st T~me Automated IRecychng Backup 1_ 2 2_ 2_ 3 5 5 5 Replacement Vehicles On Line 3 Cumulative Manual Waste Vehicles Front L~ne Manual Trucks 7 4 2 Backup Manual Trucks _4 Z 7 11 11 9 Rearload Truck Utilization Backup to Manual Waste Routes 0 2 1 Fronthne Bulky Items 0 1 2 2 2 2 Backup Bulky Item 0 1 1 1 1 1 Fronthne Yard Waste 0 2 2 2 2 2 Backup Yard Waste 0 1 1 1 1 1 Sem~-automated Route 0 0 0 1 1 1 Sem~-automated Backups 0 0 0 1 1 1 Backup & Other Rearload Truck Totals 0 7 7 8 8 8 Replacement Manual Vehicles On line 2 2 2 2 '1 Theae numbem represent the year In Service 36 SOLID WASTE Actual Budset Estimate Budset FY FY ~:y FY January 12 2001 ~ 2001 ~ ~ 2003 ~OQ4 OoeratlnE Revenues I Residential Revenue $2931 $3545 $3545 $4136 $4697 $5272 $5916 $6635 2 Commercial Revenue 5 447 5 692 5 692 6 250 6 867 7 377 7 907 8 456 3 Landfill Revenue 314 390 390 401 413 434 474 520 4 Outside C~ty Contract Rev 0 0 0 0 0 0 0 0 5 Other Landfill 0 0 0 0 0 0 0 0 6 Recyclin8 Revenue 59 70 70 70 138 155 162 ~67 7 M~sc 0 0 ~ ~ ~ ~ O_ 0 8 Total Operahn8 Revenues $8 751 $9 697 $9 697 $10 857 $12 116 $13 239 $I4 458 $15 778 Other Revenues 9 Residential 33 34 30 27 27 27 27 27 10 Commercial 3 0 0 0 0 0 0 11 Landfill 29 25 25 17 17 17 17 17 37 ADMINISTRATION Actual Budget Esbmate FY FY FY FY FY January 12 2001 2000 2001 2001 2002 ~ 2004 2005 2006 1 Sohd Waste Transfer In $670 $769 $769 $927 $1081 $918 $571 $614 2 Working Capital Transfer 0 0 0 0 0 0 0 0 3 Utllhty Transfer In 0 0 0 0 0 0 0 0 4 Gen Gov Transfer In 0 0 0 0 0 0 0 0 5 Other 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 7 0 0 0 0 0 0 0 0 8 0 0 0 Q Q Q 0 Q 9 Total Revenues $670 $769 $769 $927 $1 081 $918 $571 $614 O~erabn~ Expenses 10 Payroll $371 $596 $596 $691 $776 $807 $839 $873 12 Maintenance 10 23 23 24 25 25 26 27 13 Servmes 42 34 34 35 36 37 39 40 14 Insurance 1 3 3 3 3 3 3 3 15 Sundry 1 4 4 5 5 5 5 5 16 Other 0 0 0 0 0 0 0 0 17 M~sc 0 0 0 0 0 0 0 0 17 Bad Debt 0 0 0 0 0 0 0 0 18 Adm~n Transfers Gen Go 131 141 141 168 173 178 183 189 19 Deprec~abon 19 12 12 78 101 101 101 101 20 0 & M Reserves Contm~ 0 40 40 1~ ~ 15~0 ~ ~ 21 Total Operatmg Expense, $587 $866 $866 $1 165 $1 281 $1 320 $1 360 $1 402 22 interest (630) $0 $0 $0 $0 $0 $0 $0 $0 23 Non Operabng interest 3 4 4 8 6 6 3 1 24 0 & M Reserves Confln~ 0 150 150 150 150 150 150 150 25 Reserves Debt Ret~rem 0 84 84 79 75 54 0 0 26 Motor Pool Current Rev 0 0 0 43 88 165 555 555 27 Other (Contrlbubon) 0 (15) (15) (15) (15) (15) (15) (15) 28 Debt Rebrement Expens~ 0 (84) (84) (79) (75) (54) 0 0 29 M~scellaneous Exp Q 0 Q Q Q Q Q Q 30 Total Nonoperating Revel $3 $139 $139 $186 $229 $306 $693 $691 ODerabn~ Transfers (Oub 31 Ubhty Transfers Out 0 0 0 0 0 0 0 0 32 Other Q 0 Q Q Q Q 0 Q 33 Total Tranfers Out 0 0 0 0 0 0 0 0 34 Net Income $86 $42 $42 ($53) $29 ($96) ($96) ($96) 35 Total Operating & O~her Reven $670 $769 $769 $927 $1 081 $918 $571 $614 36 Nonoperatln8 Revenues 3 238 238 280 319 375 708 706 37 Total Revenue $673 $1 007 $1,007 $1 207 $1 400 $1 293 $1 279 $1 321 38 Total Cash Expenses $673 $1,007 $1 007 $1 207 $1 400 $1 293 $1 279 $1 321 39 F~xed Assets 28 15 15 15 120 5 5 5 40 Debt Principal 0 0 0 0 0 0 0 0 41 Repay LT Debt Electric Z~ 38 38 ~Q 10 Q Q Q 42 Cash Net Income $0 $0 $0 $0 $0 $0 $0 $0 38 RESIDENTIAL SOLID WASTE SOLID WASTE January 12 2001 Actuat Budget Estimate FY FY FY FY FY 2000 2001 2001 2002 2003 2Q04 2005 2006 1 Total Annual Customers 225,100 211,445 225,540 230 377 235,213 240,050 244,886 249 723 2 Gross CublcYards Includes Brush 141 538 110,398 111,131 114,416 117 677 120 916 124,134 127 330 3 Avg Cubic Yds / Cust 0 63 0 52 0 49 0 50 0 50 0 50 0 51 0 51 4 Avg Mth Bill / Cust 13 O0 16 O0 16 O0 18 O0 20 25 22 28 24 50 26 95 ODeratln~ Revenues 5 Residential Fees 2 906 $3,517 $3 517 $4 106 $4,668 $5 243 $5,885 $6 604 6 Res Special Prckup 0 0 0 0 0 0 0 0 7 Brush / Grass 3 0 0 0 0 0 0 0 8 State Surcharge 2~3 28 28 30 2~9 29 30 3]. 9 Total Operahng Revenues 2,931 $3 545 $3 545 $4 136 $4697 $5 272 $5,916 $6,635 Other Revenues 10 Sale of Re[use Bags 21 25 25 22 22 22 22 22 11 Appliances 12 9 5 5 5 5 5 5 12 Recychng 0 0 0 0 0 0 0 0 13 Brush / Grass 0 0 0 0 0 0 0 0 14 Other 0 0 0 O_ O_ _0 .Q _0 15 Total Operating & Other 2 964 $3,579 $3 575 $4 163 $4 724 $5 299 $5,943 $6 663 ODerat~n~ Exeenses 16 Payroll 1,098 $1,741 $1 741 $1 838 $1 372 $1 325 $1 378 $1 433 17 Supphes 166 224 224 231 238 245 253 260 18 Maintenance 196 218 218 237 264 291 283 292 19 Services 83 409 409 486 714 760 719 669 20 Insurance 19 14 14 15 15 16 16 17 21 Sundry 0 6 6 6 6 7 7 7 22 Other 0 0 0 0 0 0 0 0 23 Misc 0 0 0 0 0 0 0 0 24 Bad Debt 0 21 21 20 23 26 28 30 25 Adm~n Transfers Gen Gov 152 164 164 195 201 207 213 219 26 Automated Route Reserves 0 0 0 115 115 20 0 0 27 Depreclabon ~6 12 16 17 17 I._Z I_Z 17 28 Total Operabng Expenses 1 730 $2810 $2813 $3 158 $2966 $2912 $2914 $2945 Nonooeratm~ Revenues CExl3enses) 29 Interest (630) $88 $84 $84 $103 $119 $130 $142 $155 30 Non Operating Interest 2 4 4 2 t 1 0 0 31 Automated Route Reserves 0 0 0 115 115 20 0 0 32 Debt Service Interest 0 0 0 0 0 0 0 0 33 Motor Pool Current Rev 0 0 0 0 0 0 0 0 3~ Admm Funding (0800) (198) (196) (196) (274) (320) (271) (169) (182) 35 Landfill Expense (783) (688) (688) (853) (1 003) (1 036) (1 107) (1 132) 36 Recychng Expense (262) (422) (~-~2) (563) (1.613) (2.171) (2.280) (2.342/ 37 Total Nonoperat~ng Revenues (E ($1 153) ($1,218) ($1 218) ($1 471) ($2 701) ($3 328) ($3 414) ($3 500) OPerptlnR Transfers (Out) 38 Utility Transfers Out (140) (85) (85) (99) (102) (105) (108) (111) 39 Franchise Fee (86~ (114) (114) (131) (14~) (169) ¢192~ (2~0) 40 Total Transfers Out (226) (199) (3.99) (230) (250) (274) (300) (331) 41 Net Income ($145) ($648) ($656) ($696) ($1 193) ($1 215) ($685) ($113) 42 Total Operating & Other Revenue $2 964 $3 579 $3 575 $4 163 $4 724 $5 299 $5 943 $6 663 43 No~operaSns Rm~nues 90 88 88 220 235 15~ 142 155 44 Total Revenue $3,05~ $3,667 $3 663 $4 383 $4 959 $5 450 $6,085 $6 818 44 Total Cash Expenses $3 185 $4 316 $4,316 $5,075 $6 139 $6 652 $6 756 $6 918 45 F~xed Assets 2 13 13 13 4 4 4 4 46 Debt Pnnmpal _0 0 (3 (3 (3 _0 0 _0 47 Cash Net Income ($131) ($649) ($653) ($692) ($1 180) ($1 202) ($671) ($100) 48 Rate Adlustment 12 50% 12 50% 10 00% 10 00% 10 00% 12 Jan ol 39 COMMERCIAL SOLID WASTE SOLID WASTE Actual Budget Esbmata FY FY FY FY FY Janua~ 12 2001 2000 2001 2001 2002 2003 2004 2005 2006 1 Total Annual Customers 30 504 30 639 30 639 30 762 30 886 31 009 31 132 31 256 2 Landfill Cubic Yards 400,935 430,314 430 314 425 455 436 992 448 375 459 930 471 771 3 Avg Cubic Yds / Cust 13 14 14 04 14 04 13 83 14 15 14 46 14 77 15 09 4 Avg Mth Bill / Cust 178 58 185 77 185 77 203 17 222 35 237 91 253 99 270 54 ODeratlnl;~ Revenues 5 Commercial Fees $5 342 $5,589 $5 589 $6 148 $6 763 $7 270 $7 797 $8 343 6 Special Pickup 0 0 0 0 0 0 0 0 7 State Surcharge 104 103 103 102 105 108 110 113 8 Brush / Grass _1 {3 {3 {3 _0 {3 {3 Q 9 Total Operating Revenue $5 447 $5,692 $5 692 $6 250 $6 867 $7 377 $7 907 $8 456 Other Revenues 10 Apphances 0 0 0 0 0 0 0 0 11 Other 3 0 0 0 0 0 0 0 12 Recycling 0 0 0 0 0 0 0 0 13 Brush / Grass {3 0 {3 {3 0 {3 0 {3 14 Total Operabn8 & Other $5 450 $5 692 $5,692 $6 250 $6 867 $7 377 $7 907 $8 456 QDerabn~ Exoenses 15 Payroll $827 $974 $974 $1 140 $1 185 $1 233 $1 282 $1 333 16 Supphes 128 173 175 178 183 189 194 200 17 Malntanance 413 443 443 371 385 397 407 421 18 Services 295 542 542 643 771 779 599 810 19 Insurance 20 18 18 18 19 19 20 20 20 Sundry 0 13 I3 13 14 14 14 15 21 Other 0 0 0 0 0 0 0 0 22 M~sc 0 0 0 0 0 0 0 0 23 Bad Debt 0 31 31 31 38 41 45 49 24 Admm Transfers Gen Gov 156 168 168 199 205 211 218 224 25 Deprec~ahon 214 138 138 ~Z 2~ 229 ~ 232 26 Total Operating Expenses $2 052 $2 498 $2 498 $2 820 $3 027 $3 112 $3,009 $3 304 Nonol3eratln~ Revenues (Exr~enses'~ 27 Interest (630) $163 $135 $7.35 $155 $179 $196 $214 $234 28 Non Operabng Interest 33 42 42 24 13 13 6 2 29 Other Rev 0 0 0 0 0 0 0 0 30 Debt Serwce Interest 0 0 0 0 0 0 0 0 31 Motor Pool Current Rev 0 0 0 0 0 0 0 0 32 Admm Fundmg (0800) (225) (219) (219) (311) (362) (308) (191) (206) 33 Landfill Expense (2 636) (2 495) (2 495) (2 873) (3 854) (4 122) (4 403) (4 502) 34 Recycling Expense ~ ~ ~ (~ (255t (3623 (398~ (4Q9) 35 Total Nonoperabng Revenues ($2 693) ($2 588) ($2 588) ($3 101) ($4 279) ($4 583) ($4 773) ($4~82) Ooerattn~ Transfers (Out3 36 Utility Transfers Out (157) (95) (95) (112) (115) (119) (122) (126) 37 Franchise Fee (112'~ (128~ (128~ (;[35) (121~ (130~ (140'1 38 Total Transfers Out (269) (223) (223) (247) (236) (249) (263) (284) 39 Net Income $436 $382 $382 $82 ($674) ($567) ($137) ($14) 40 Total Operating & Other Revenue $5 450 $5 692 $5,692 $6 250 $6 867 $7 377 $7 907 $8 456 41 Nonoperat~ns Re.hues 196 177 177 179 192 209 220 236 42 Revenues Capital Constmotlor~ 0 50 50 [50 ~ ~ ~.~ 42 Total Revenue $5 646 $5 919 $5 919 $6 579 $7 209 $7 736 $8 277 $8 842 42 Total Cash Expenses $5 128 $5,408 $5408 $6330 $7 710 $8 128 $8238 $8678 43 Expenses CapltaJ Construotlo~ Essa 0 50 50 150 150 150 150 150 44 F~xed Assets 131 9 9 59 54 54 54 54 45 Debt Pnnclpal {3 0 {3 {3 ~ {3 {3 46 Cash Net Income $518 $511 $511 $249 ($500) ($39]) $39 $164 47 Rate Adlustment 10 00% 10 00% 7 50% 7 25% 7 00% 40 LANDFILL Actual Budget Estimate FY FY FY FY FY January 12 2001 2900 2001 2003. 2002 2003 2004 2005 2006 I Res~denbal to LF (Tons) 22,619 23,524 23,524 24,219 23 360 23,599 24,223 24 842 2 Commercial to LF 76 020 79 188 79 188 81 529 83 799 86 047 88 302 90 576 3 C/C/O to LF 13 210 14 218 14 218 14 638 15 056 15 470 15 882 16 291 4 Total Annual Tons 111 849 116 930 116 930 3.20 386 122,215 125 13.6 128 407 131 709 5 111 849 116 930 13.6 930 120 386 122 215 125 116 128407 131 709 6 Landhl~ Rate/CY $8 60 ,$8 60 $8 60 $8 60 $8 60 $8 80 $9 35 $10 O0 ODeratm~ Revenues 7 Residential Fees $783 $688 $729 $853 $1 003 $1 036 $1 107 $1 132 8 Commercial Fees 2,636 2495 2453 2873 3854 4122 4403 4502 9 C/C/O Fees 297 375 375 333 343 360 394 434 10 Other LF Charge 0 0 _0 50 ~ 54 29 65 11 Total Operabng Revenues 3 716 $3 558 $3 557 $4 110 $5 251 $5 573 $5 963 $6 133 Other Revenues 12 A~d In Construction 0 0 0 0 0 0 0 0 ]3 State Surcharge 17 15 3.5 18 19 3.9 20 20 14 Other 0 0 0 0 0 0 0 0 15 Property Rental 29 25 ~. ~Z ~Z 17 17 16 Total Operabng & Other $3 761 $3 598 $3,597 $4 145 $5 287 $5 609 $6 000 $6 170 Ooeratln~ ExDense~ 3.7 Payroll $469 $501 $501 $532 $554 $576 $599 $623 18 Supplms 65 103 103 106 109 13.3 116 120 19 Maintenance 211 230 230 203 214 189 198 208 20 Services 356 364 364 380 424 515 592 597 21 Insurance 13 11 11 11 11 12 12 13 22 Sundry 139 151 151 3.55 158 161 166 170 23 Other 0 0 0 23 23 24 24 25 24 M~scellaneous 0 0 0 0 0 0 0 0 25 Bad Debt 0 2 2 2 3 3 3 3 26 Adm~n Transfers Gert Gov 49 52 52 62 64 66 68 70 27 Depreclabon 611 ~ ~ 1,033 1,103 1,190 1.211 28 Total Operating Expenses $1 913 $1 596 $2,359 $2 509 $2 662 $2 849 $2,990 $3 051 Nonooeratln~ Revenues (Exoenses) 29 Interest (630) $9 $9 $9 $10 $12 $13 $14 $15 30 Non Operabn8 Interest 94 55 55 108 61 68 30 I0 31 Other Rev 0 0 0 0 0 0 0 0 32 Debt Service Interest (512) (424) (424) (605) (864) (846) (931) (781) 33 Motor Pool Current Rev 0 0 0 0 0 0 0 0 34 Admm Funding (0800) (243) (350) (350) (336) (392) (333) (207) (223) 35 Mtscellaneous 0 0 0 0 0 0 0 0 36 Postclosure Cost 0 0 0 0 0 0 0 0 37 Closure Cost (262) (60~ (60~ (200'~ (200) f200) (200) (200) 38 Total Nonoperatm8 (Reven~ ($914) ($769) ($769) ($1 022) ($1 383) ($1 298) ($1 294) ($1 ! 78) Ooerabne Transfers (Out) 39 Utility Transfers Out (177) (190) (190) (159) (164) (169) (174) (179) 40 Franchise Fee (149) (142) (~-4~) (163) (209) (222) (;~37) (244~ 41 Total Transfers Out (326) (332) (333) (322) (373) (390) (411) (422) 42 Net Income $609 $901 $137 $292 $868 $1 072 $1 305 $1 519 43 Total Operating & Other Revenue $3 763. $3 598 $3 597 $4 145 $5 287 $5 609 $6 000 $6 170 44 Nonope~afln8 Revenues ~ ~ ~5. ~,~ 72 ~_[ 44 45 Total Revenue $3 864 $3 663 $3 662 $4 264 $5 359 $5 690 $6 044 $6 196 46 Total Cash Expenses $3 732 $3,571 $3 572 $4 128 $5 270 $5 592 $5 983 $6 153 47 Rxed Assets 127 10 10 10 0 35 0 0 48 Debt Pnnc]pal 886 943 943 I 141 1 843 2 129 2 456 2 700 49 Repayment Electric (Land) Z.~ 38 3~ 3~ ~ 0 _0 O_ 50 Cash Net Income $132 $92 $90 $135 $89 $98 $61 $42 5I Rate Adlustment 0 00% 0 00% 2 30% 6 25% 7 00% 41 RECYCLING (COD) Actual Budget Estimate FY FY FY FY FY January 12 2001 2000 200~, 200! 2002 2005 2004 20Q~ 2006_ 1 Tons Yard Waste 13 720 13 224 13 224 13 044 13 415 13 785 14 151 14 516 2 Tons White / Newspaper 2,825 342 342 291 511 574 594 610 3 Tons Cardboard 334 2 936 2 936 2 493 4 037 4 560 4 713 4 837 4 Tons Wh~ta / Computer Papa 0 0 0 0 0 0 0 0 5 Tons Glass / Other 162 166 t66 141 104 108 112 116 6 Tons Alum / Steel / T~r~ 1_6`_Q 1~ 158 1~ ~Z 10~1 104 ~ 7 Recycled Tonnage 17,192 16 826 16 826 16 103 18 165 19 128 19 675 20 186 8 Average Revenue / Ton $19 51 $19 43 $~.9 43 $22 88 $29 14 $29 09 $29 25 $29 38 9 Processing Facdlty 0 0 0 0 125 141 146 150 10 Misc 2 0 0 0 0 0 0 0 [1 Drop Off S~tas 57 70 70 70 13 14 15 16 12 MIsc 0 0 0 0 0 0 0 0 13 Mtsc 0 0 0 0 0 0 0 0 14 M~sc 0 0 0 0 0 0 0 0 15 Residential Funding 262 422 422 563 1 613 2 171 2 280 2 342 i6 Commercml Funding 2,~ ~2, i~ ~ ~ 3]52 ~ 4~ 17 Total Recychng Revenue $350 $544 $544 $729 $2 006 $2 689 $2 840 $2 918 18 Payroll $166 $236 $236 $350 $I 115 $1 213 $1 262 $1 313 19 Supplies 14 34 34 45 67 99 102 105 20 Maintenance 54 63 63 60 110 170 175 180 21 Services 73 158 158 210 432 574 583 603 22 Insurance 3 3 3 3 3 3 4 4 24 Other 0 0 0 0 0 0 0 0 25 IPC O& M (Exclude Labor) 0 0 0 0 32 39 40 42 26 Bad Debt 0 0 0 0 0 0 0 0 27 Admm Transfers Gan Gov 26 28 28 33 34 35 36 37 28 Deprectatton ~ 29 29 85 86 ~.Z ii9 8~9 29 Total Operating Expenses $368 $552 $552 $787 $1 880 $2 222 $2 291 $2 372 30 Interest (630) $2 $2 $2 $2 $2 $2 $2 $3 3Z Non Operating Interest 5 9 9 9 5 5 2 1 32 Other Rev 0 0 0 0 0 0 0 0 33 Debt Service Interest 0 0 0 (3) (116) (208) (204) (177) 34 Other 0 0 0 0 0 0 0 0 35 Admln Funding (0800) (5) (5) (5) (7) (8) (7) (4) (4) 36 Other 0 0 0 0 0 0 0 0 37 Other 0 Q O Q O Q Q Q 38 Total Nonoperatlng Revenue, $2 $5 $5 $1 ($117) ($208) ($204) ($178) 39 Ubhty Transfers Out (3) (2) (2) (2) (2) (3) (3) (3) 40 Other Q Q Q Q Q Q Q Q 41 Total Transfers Out (3) (2) (2) (2) (2) (3) (3) (3) 42 Net Income ($20) ($6) ($6) ($60) $7 $257 $343 $364 41 Total Opera/inl~ & Other Revenue $350 $544 $544 $729 $2 006 $2 689 $2 840 $2 918 42 Nonoperatme Revenues Z 10 ~Q ~_1 Z Z ~ ~ 43 Total Revenue $356 $554 $554 $740 $2 013 $2 696 $2 844 $2,92I 44 Total Cash Expenses $356 $554 $554 $740 $2 013 $2 696 $2 844 $2 921 45 Rxed Assets 12 23 23 23 0 0 0 0 46 Debt Principal _0 Q Q ~ 9~ 34~5 ~ 4~ 47 Caeh Net Income $0 $0 $0 $0 $0 $0 $0 $0 42 FOR ILLUSTRATION PURPOSES ONLY POTENTIAl, SERVICES AND RATE RELATIONSHIPS Solid Waste Recycling Rate (by subscription only) one time per week 32 gallon$10 $2 one time per week 65 gallon$14 $4 one time per week 96 gallon$16 $6 second 96 gallon container $12 *Appliance/Bulky Item (no CFCs) $25 + $5 per item *CFC Appliances $60 Brush/Yard Trimmings $5 per month or $25 + $5 per cubic yard *Demand Response F ~hared~opt~Sohd Wasto~,SL Sohd Wasto\Text Doctun~ts~FY 2001 hnOR ILLUSTRATION PURPOSES ONLY 01 23-01 doc IZ '/14 II:lIT 7 ELEMENTS OF RESIDENTIAL WASTE MANAGEMENT PLAN Containerization Volume Based Rates (PAYT) Waste Minirmzation Recychng F ~hareaYdolll~ohd Wasto~.SL Sohd Waste\Text Documoma~Y 2001W, LEMENTS OF RES WASTE Mbt PLAN 01-23411 doc AGENDA[DATE January 23, 2001 DEPARTMENT Sohd Waste Department ACM: Howard Martin, 349-8232 ~ su J CI Receive a report, hold a discussion, and prowde staff d~rectlon concerning Litter Reduction and Aesthene Enhancements BACKGROUND The City of Denton Sohd Waste ordinance was amended by the City Council m October of 1998, and revised again on February 1, 2000, after several pubhc mectmgs to address several problems assocuated wth waste management and htter abatement The ordinance amendment centered around four ~ssues including unanthonzed use of another's contamer, inadequate service, d~sposal of bulky items, and fees for cleaning areas surrounding sohd waste containers These changes came about due to the need for mechamsms to help nd our commumty of nnproperly disposed waste Addmonally, a multi-department task force was formed m response to the "raise the bar" survey and identified appropriate strategies to address htter abatement Much of the htter m the commumty originates from commercial sources Ttus includes roadside hrter consisting of commercial and/or fast food packaging Fugitive htter from retatl center parkdng lots, maproper on-site waste management, and dumpster related sources Potentml solutions include nnplementmg the "Raise the Bar" Task Force recommendations that identified education as the top priority The Business Services Comrmttee of Keep Denton Beautiful is an example of business-to-business education and related action. Enforcement of extstmg ordinances augmented w~th code revisions can also assist m mangatmg commercial related htter A slgrnfieant source of htter m neighborhoods ~s created by waste being placed for collection at any tn'ne of day or mght rather than on the collection day or on the evening before the scheduled collection day A reqmrement hrmtmg the tn*ne of setout will assist m correcting chromc problems of thts type, Enforcement of emstmg regulations regardmg use of bags rather than loose waste being placed at the curb for collection, and enforcement ofextstmg reqmrements for the bags to be secured will help, along with reporting of loose animals to Anmml Control With regard to htter and debris fi.om construction sites two different approaches are proposed One approach ~s to empower the Budding Inspection Department to shut down a construction site when the area does not meet standards for cle~hness Tins process could pay its own way by estabhslmag a fee for a re-inspection for comphance Another approach would revolve reqmrmg developers to use city containers for their construction sites A major problem m terms of city beautdJcatlon ts the location of numerous Sohd Waste Department dumpsters on city rights-of-way (ROW) and dumpsters located m the street About 25% of the Sohd Waste Department's dumpsters are located on the ROW This mounts to about 5004550 dumpsters Many of these containers were placed on the ROW due to the lack of room on the premtse being served to accommodate the collecuon vetucle Numerous developments m the city are m tbas situation Another principal reason for the dumpster's location on city ROW ~s that the customer chd not want the dumpster on his or her property, because the collection vetucle would damage the parking lot Many of the dumpsters are located on ROW of state and federal baghways m the city We have determined ~om Txdot that no dumpsters are permatted to be m the ROW of these htghways In the case of the city's ROW the code of ordinances ts silent, but a legal opmaon has been received that tells us that the city ~s not obhgated to allow sohd waste customers to use the ROW for the purpose of locating a dumpster, and ffthe city does want to perrmt a customer to use the ROW for placement of a waste container the city may charge a fee for fins use of ROW The only caveat regarding use of ROW for tbas purpose ts that the city must avoid creating a hazardous condition by pemuttmg the container to he located m the ROW To anprove the appearance of the city a pohcy requmng dumpsters to be removed bom the ROW could be a very effective measure In the event that them ts no feasible way to serrate the customer on bas or her own prermse, then a fee for use of the ROW should be umposed just as the cay does for other users of the city's rights-of way such as the Cable TV Company and Gas Company Reqmrmg sharing arrangements ts another way of reducing the number of dumpsters located on the ROW When a dumpster has to be located on the ROW them ts a need to restrtct parking to enable the collection velucle to gain access to the container There will be some cases where the dumpster may have to bo located m the street to promde sermce In th~ case the customer should request and pay for a loadm, g zone Another s0hd waste container tssue concerns the use of roll-off containers or dumpsters m erdstmg neighborhoods for constmctlon/demohtlon or remodeling purposes Them have been a number of instances over the past few years where the customer keeps the container for extended periods of tune (several months) One way that some commumt~es deal with this problem ts that they requtm the user to obtain a perrmt to place the dumpster m the nexghborhood The perrmt ts only vahd for seven (7) days and there ~s a fee assocmed w~th the perrmt Tbas process encourages the user to promptly complete the job so that the container ts not m the neighborhood mdefimtely With respect to new development it ~s advantageous to promulgate regulations concerning the estabhshment of the level and type of sermce to be provaded, along w~th locatxon and access issues Standards are needed for construction of pads, aprons, and approaches to sohd waste containers, along wath screening reqmrements The attached document entitled "spectficatlons for commercml sohd waste collectxon containers" contains the staff's proposed standards for new development Standards can also be developed to address semeumg reqmmments for extstmg development and screening for dumpster that will be perrmtted to remain on the city ROW and an associated tmaelme for comphance The Sohd Waste Department uses a sarvace agreement when signing customers up for service Tbas agreement works well for our temporary customers but we have problems w~th our regular customers refusal to sign and return the agreement The reason customers do not want to do tlus ~s because the agreement holds the cxty harmless for damage to the pavement, surface, and subsurface of the customer's prermse where the container ~s located Many prenuses have mnumal surface Lmprovements It ~s mewtable for damage to occur to these surfaces Moreover, there ~s language m the sermce agreement holding the e~ty harmless and ardemmfymg the city t?om hab~ty ff the customer nnproperly dtsposes of hazardous waste Ttus problem could be resolved by adopting the service agreement or portions thereof as a part of our ordinance Another problem relates to the defimt~on Of the number of dwelling umts to be served res;dentually and to be served by our commercml chvtsmn Our erdstmg defimtxon seems to say that ff there are 4 dwellings or less the development ~s to be served w~th residential collections In faat the ctty serves most 4-plex umts eommercmlly Typically, residential servxce to a development w~th four dwellings ~s a source of htter, and most cities reqmre residential service for 3 dwelling umts or less Staff ts suggesting that we draw the line at 3 dwelling umts or less for res~dentud sermces There are several multi-family developments m town where commereml service vs res~dentml serwce ~s a stgnrficant problem. Benchmark Villas ts an example The development consmts of seven bmldmgs, and each budding has four dwelling umts The braidings are platted on one parcel of land but the mdrmdual dwelling umts are separately owned One owner may own two or three umts m one bmldmg and so on Most of the umts are rental properties and the billing continues to be at a restdantml rate to the occupant Our Res~dentml D~ws~on originally served these mats However, they were converted to container service a few years ago because of constant trash and htter at the site The dumpsters were placed along the curbside Tbas seemed to function reasonably well for a tune, but the huddle school across the street was expanded and the enttre section of Bell Avenue m thts area ~s now used for on-street parking Our mab~ty to access the containers reqmred that we move the dumpsters into the street Whenever we have discussed tlus problem with any of the owners they have opposed the ~dea of moving the containers on-stte, even though there ts plenty of room. Tbas and Sanllar s~tnat~ons can be unproved by sunply mqmrmg that the contamers be moved on s~te A related ~ssue m this m. stance ~s how to deal w~th bulky ttems and overflows It ~s felt that these cases should be treated just hke any other multa-famaly development The owner/management would be held responsible for proper management of these issues Finally, there ts the issue of shared accounts Shared accounts have always been a problem for the department because they are difficult to keep up with For instance ff one of the customers goes out of business more often than not the department never knows ~t and looses money Only until recently have we had software that can begin to address ttus issue We wdl need to upgrade our software and have additional staff to deal w~th shared accounts because sharing of dumpsters seems to be one of the most effective means of getting them off the ROW and reducing the overall number On November 29, 2000, a pubhc meeting was held to hear customer comments concerning our bulky ~tem/trash regulations and collection pohmes The overwhelming comment was that the charging of fees for collection of items on the spot was pumnve and did not give the landlord an opportumty to respond In response to tbas comment the Sohd Waste Department has gone back to the previous practice of reporting by drivers, creation of a work order, and collection w~thm 24 to 48 hours after the rmtml report Additionally, the department has requested telephone numbers and e-marl addresses from our customers to enable phoning or e-ma~hng the customer that bulky items/trash is out pnor to city collection OPTIONS: N/A RECOMMENDATIONS N/A PRIOR ACTION/REVIEW (Coun¢lk Boards, Commissmns]' The Sohd Waste ordinance was amended by the City Council m October of 1998, and again on February 1, 2000 FISCAL INFORMATION: N/A BID INFORMATION' N/A MAP. N/A Prepared by Charles S Watkms Dtrector of Sohd Waste Extublt I L~tter Reduction and Aesthetic Enhancements Exbablt II Proposed Regulations Exlublt III Specflications for Commercml S/W Collection Containers Extublt IV Legal Opinion Exbablt V Commercml S/W Customers w~th over 5 Bulky Items/Trash Violations 4 LITTER REDUCTION AND AESTHETIC ENHANCEMENTS I Litter A Commercml 1 Source of htter a Customer roadside disposal of commercial packaging b Fugitive htter from Retatl Centers c Inadequate on-site waste management d Dumpster pdfermg/scavengmg 2 Solutlon/Keme&es a Implementation of RTB recommendations b KDB education related to htter ~ssues (ex Business Services Conamttee) c Rewrite htter regulations d Rexase Sohd Waste ordinance remslons for dumpster pilfering/scavenging e Enforce erastmg regulations B Resldentml 1 Source of htter a 24/7 trash set out b At-large ammal access/loose items/unsecured bags 2 Solutlon/Reme&es a Sohd Waste ordinance revrslons (to address 24/7 trash set out) b Enforce emstmg regulations C Construction 1 Source ofhtter a Inadequate braiding-site waste management practices b Transportation or construction materials 2 Solut~ordReme&es a Increased inspection and enforcement Enforce current htter ordinance by ~ssumg citations to wolators (Sec 20-3) b Adopt Ordinance Rewslons 1) Clarifying who is responsible for collection of constmct~on/demohtion waste Prowde for the issuance of stop work orders and a fee for re-inspection to be enforced by braiding inspections or code enforcement Provide that sites are to be kept clean and orderly at all tunes or 2) Reqmre that city sohd waste comamers be used at constmct~on/demoht~on sites 3 Issues and Challenges a Sohd Waste capacity and comamer avaflabthty 5 EXHIBIT 1 1) Approxanately 25% of Commereml operations is devoted to open top semces 2) Approxunately 100 open tops m field 3) From 200-250 residential houses under construction at any g~ven tane 4) Total cost estanated at $1 5 nd[ton to $2 5 nnlhon b Developer/Broider opposition II Aesthetac Enhancements AContainer Removal l~om Streets and Pughts-of-Way 1 Sohd Waste Ordinance Changes a Probablt container placement on federal/state baghways b Pernnt and fee for container placement on mty streets and rights- of-way for existing development, where no other alternative erdsts, and estabhsh "no parking zones, or 'loading zones" for containers m the street or right-of-way c Estabhsh perrmt, fee, and tnne hrrnt for temporary use of containers to be set m right-of-way 1 ) Obtain permat 2) Perrmts are only for 7 days 2 Development Code Rexaslons a Estabhsh level of service b Estabhsh type of servace c Location of service d Service access B Commercial Container Screening 1 Screening requirements for exastmg development a Modify ordinance to reqmre dumpster screening b Develop procedures and tanelme for anplementatxon 2 Screening reqmrements for new development a Current screening reqmrements b Screemng design and construction cnterm HI Service Level Enhancement A Issues I Parking lot damage protection 2 Hazardous waste habthty and cost recovery protection 3 4-plex and cluster housing serwce 4 Shared accounts for commercial service B Solutlons/Remerhes 1 Sohd Waste ordinance rems~ons for ~tems 1, 2, and 3 2 Billing system modifications for ~tem 4 6 PROPOSED REGULATIONS TO ADDRESS LITTER Unlawful depostts generally; littering · No person shall place any accumulation of refuse or trash m any street, street right-of- way, median strap, alley or other pubhc place of travel, nor upon any private property, except as stated m other sections of this aructe · It shall be unlawful for any person to · Scatter refuse about or htter any pubhc or private street area or place · Cast, throw, place, sweep or deposit anywhere within the caty any refuse or trash m such a manner that at may be carried or deposited by the elements upon any street, sadewalk, alley, sewer, parkway or other pubhc place or into any occupaed or unoccupied prenmes within the city · Throw or deposit any refuse, trash or dehrts m any stream, body of water, or drainage system · The driver of any vehicle shall be responsible for assuring that no htter ts thrown from the vehicle or occurs through the lack of proper covenng Placing refuse or refuse containers on, in or over drainage systems · No person shall place any refuse or refuse container on, m or over any drainage system Property to be kept free of titter · All owners or occupants shall maintain the real property owned or oceupaed by them m a clean and htter-free conchraon Tim section shall not be construed as prohibatmg the storage of refuse or htter m authorized containers for collectaon pursuant to the provts~ons of thru article Pilfering prohibited. · The meddling with garbage containers, trash or rubbish receptacles or m any way pilfering, scattering contents of junking m any alley or street within eaty hrmts as prohibited PROPOSED REGULATION GOVERNING RESIDENTIAL SET-OUT The owner, occupant, tenant or lessee of a res~dentud house, braiding or prermse from which sohd waste is to be collected and removed shall be required to keep the solid waste behind the bmldmg line untd 6 00 p m the day before the scheduled collectmm 7 EXHIBIT 2 PROPOSED REGULATION REGARDING CITY LIABILITY Hold the c~ty harmless for damage to pavement surface or subsurface of customer's premase Hold the city harmless for damage when revetments and gates do not meet ce~am standards Hold the c~ty harmless and indemnify the cxty for unlawful d~sposal of regulated, restricted or hazardous waste PROPOSED REGULATIONS FOR CONSTRUCTION/DEMOLITION SITES Disposal of refuse and debris from construction, demohtton remodehng sttes · The c~ty shall not he responsible for the collection or hauling of building materials or~gmatm4~ fi.om private property prehnmutry to, during or subsequent to the construction of new butldmgs or alternations or adchtlons to eyastmg buddings of whatever type or from demoht~on of existing structures Such materml shall he removed by the owner of the property or by the contractor or the e~ty eommereml sohd waste d~wsxon may he contacted for container service A stop work order may be ~ssued by the inspector untd such material has been removed, m addition, all contractors must provide refuse receptacles designed to contain construction debris and htter No htter or debris ~s to he e tted oe tthe e · Upon ~ssuance ora stop work order for a g~ven work s~te, a re-inspection fee orS100 00 ~ he reqtured prior to scheduhng a re-mspectxon by the budding offieud's office or code enforcement can enforce tbas prowsxor~ · Construction and demoht~on s~tes shall he kept clean and orderly at all tunes · The use of clucken w~re or construction netting to contain construction, demoht~on, remodeling debris or sohd waste ~s strictly prolub~ted · The prune contractor or developer of a construction or demohtlon s~te shall he responsible for maintaining the s~te as requtred by tbas section SPECIFICATIONS FOR COMMERCIAL SOLID WASTE COLLECTION CONTAINERS Tbas spec~ficatxon ~s to cover the location, container placement, pads, aprons, approaches and screening (revetments), maintenance and all other apparatuses assoemted w~th commerexal sohd waste collection containers and screening dewees (revetments) The leased sohd waste collectxon container w~l be the sole respons~b~hty of the customer It wdl be the customer's not fl~e c~ty's responsxb~hty to prowde an accessxble location for the container An accessible location refers to a loeatton, wbaeh perrmts the sohd waste vetuele to safely gain access to the container so that the container can be l~ed by the vehicle and safely erat the prermse after l~mg LOCATION~ ACCESS AND CLEARANCE REOUIREMENTS: No commercml sohd waste contamer or rubbish bm or grease receptacle shall be kept upon the pubhc parkway except by perrmt and payment of the associated fees The permit ~ only be ~ssued m instances where the container cannot be located upon the prenuse served a~er a finding by the sohd waste department that the container cannot be safely accessed by the collection vetucle and when the customer has exhausted all potentml sharing arrangements Any commercial or roll-off receptacle locat~ous not m conformance w~th the prows~ons of tbas article and lawfully m extstence on the date of passage of th~s provision shall be wade to conform to the requtrements of tbas article upon the granting of a btuldmg perrmt to repair, remodel, enlarge, alter, renovate, and/or demohsh or replace a mare braiding, structure or a commereml/roll-off receptacle loeatlon or pad when, the ex~stmg container was located on c~ty r~ght-of way or w~thm one calendar year of the adoption ofth~s provision S~daload trucks must have f~y (50) feet of clearance to approach the container and twenty (20) feet of clearance to depart fi:om the container Frontload and roll-offtrucks must have fn~y (50) feet of clearance to approach and engage the container All trucks must have a height clearance of 25 feet. The dauver must be able to depart fi:om the container w~thout having to make unsafe and unnecessary movements Therefore, the servicing d~stanee fi:om opening of the dumpster screen outward must be clear of any obstructions to a rmmmum of fury (50) feet Collection vebacles wdl not pass over curbs to serwee any container Backing chstanees must be kept to a IRlnllnal-i~ SCREENING/REVETMENT. All dumpster/contamers shall be screened m accordance w~th City of Denton standards and specifications Estabhshraents, wtuch have emstmg sohd waste container serwce and are not screened, wall be reqmred to screen them w~thm twelve (12) months of the adoption of th~s specification 9 EXHIRIT ~ The container area must be screened on three (3) sides using material consisting of stone, brick, block, wood or continuous planting of evergreens Chain hnk fencing is not an acceptable material for any screening/revetment apphcat~ons Acceptable screening/revetment material will be stone, brick block or wood or any combination of such that will provide a mammum of 80% sohd cover If and when a planting ches at shall be the customer's responslbthty to replace ~t within 3 months Fencmg material subject to rotting such as wooden fences will be reqmred to replace broken fence posts or other wooden supports w~thm 60 days of the occurrence Other material sustaining damage or deterioration ~s subject to the same reqmrement The average height of screening/revetment material ts to be at least SlX (6) feet tall To reduce the posslb~hty of damage to the screening material the customer wdl be required to place two (2) fixed barrier guard posts along the rear of the sohd waste container and w~thm the screening material Screening and or revetments must be constructed to the following mmunum dtmenslons SIDE LOAD: Eight feet (8') wide by eight feet (8') deep (access opening or gate must be eight feet (8') w~de FRONT LOAD: Twelve feet (12') w~de by ten feet (10') deep (access opening or gate must be ten feet (10') wade) ROLL-OFF: Fifteen feet (15') w~de by twenty-five (35') long (access opemng or gate must be fffieen feet (15') w~de Revetments/Screemng that has gates wtll be reqmred to have stops that ~ allow the sohd waste employee to secure them m the open position Sohd waste employees ~ not close the gates after serrate CONTAINER/DUMPSTER PADS AND APRONS' The following will be the mm~mum allowed chmensions for the pads *SlDELOAD CONTAINER PADS: 8 feet wadth by 8 feet depth. FRONTLOAD CONTAINER PADS: 12 feet w~dth by 10 feet depth ROLL-OFF CONTAINER PADS: 15 feet w~dth by 35 feet depth The rmmmum surface reqmrement for fi:ontload and s~deload contamer pads ts 4 (four) mches of concrete on extstmg base The mum surface reqmrement for roll-offcontamer pads ts 6 (slX) roches of concrete on scarified and compacted subgrade The concrete sections are to be reinforced with 3/8 tach bars spaced 24 roches on center each way or 6 X 6 #6 gauge welded ware fabric An approved paving fiber may be substituted for the reinforcing steel Charts shall be used to support reinforcement The following will be the rmmmmn allowed dumens~ons for the aprons *SIDELOAD CONTAINER APPRONS: 20 feet long by 10 feet wade FRONTLOAD CONTAINER APRONS: 12 feet by 12 feet centered m fi:ont of pad ROLLOFF CONTAINER APRONS 15 feet by 15 feet wade *C~ty of Denton s~deload vehicles load t~om the passenger s~de The apron will be constructed uttl~mg 6 (s~x) roches of concrete on scarrfied and compacted subgrade Concrete sections are to be remfomed w~th 3/8 tach bars spaced 24 roches on center each way or 6 X6 #6 gauge welded yore fabric An approved paving fiber may be substituted for the reinforcing steel Cb_mrs shall be used to support reinforcement An "approach" ~s hereby defined as the surface that a sohd waste veincle must traverse upon leaxang the pubhc street to reach the required apron(s) for a sohd waste container(s) and the surface, winch must be traversed by the vehicle to emt the prermse The approach must be constructed m accordance w~th the parking lot surface reqmrements for "channehzed heavy load areas~ Bucek & Frank, L L P Aitoraeys at 2250 State Hwy I14 West, Suite 200 Ol apev~ne, '1 exes 76051 Phone (817) 949-2161 Fax (817) 906-2043 November 2, 2000 ~ 940-340-7344 Mr Charhe Watkms Service Centex BmldIng 90 I-A Texas Street Denton, Texas 76201 Re Removmg dumpste~ s ~om ,mtbhc t ~ghts-of-wav and cha~ gtng a feefor those dumpste~ $ that a~ e impossible to remove Dcm Charhe Chapter 316 of the Texas Transpor~ation Code that 1 prevmusly provided you appears to be the controlling authority regarding the use et street right-of-way tbr private purposes It ~s my behe£that the use ora sheet by Denton Solid Waste fm the placement ora dtmapster ts not a private purpose but rather a pubhc purpose Tins op~mon wllI conmder the above referenced matter from both pomtaons Section 316 02i states "A mmuclpahty may permit and prescribe the conslderatmn and terms for the use ora portmn ora mumcipal street or sidewalk for a private purpose If the use does not (I) interfere with the pubhc use of the street or mdewalk, or (2) create a dangerous conchuon on the sheet or s~dewalk" I assume that Denton Sohd Waste would not entertmn leaving a present dumpster m street right-of-way or allow the placement ora new dmupster m street right-of-way tf such actlon ,nolated the two conchtmns above Secnon 316 021 states '~constderatmn" may be appropriate for use of a street or mdewalk and the only authomty we could find m conflmt w~th this sechon occurred m a case that predated the p~esent language of Chapter 316 In the case styled C~tS/of Fort Worth v CxUzens Hotel Company, 380 S W 2d 60 (1964) the Fo_n Worth Court of Appeals ~nvahdated a cay ordinance that required the owner of the fee interest in the street right-of-way to pay a rental charge for use ora subsurface portmn of the street abutting the hotel Article 1085(b) V A T S, upon whlch Fort Worth relied m charging a rental fee for subsurface use of the street, only apphed to the use of the sweet md/or sidewalk (not the subsurface) Sectmn 316 001 was amended m 1995 to defiue sp¢cffically '~raummpal street" and 'mdewalk' and such defimttnns do not included any rights tn the subsurface The Fort Worth case m understandable mnce at common law "A person who owns land abutting a street whmh has been dedicated to the pubhc by plat, conveyance or prescription normally owns the 12 ....... ~ u~ ~p ~uceK and FPank LLP ~I / ~Ub ~U4~ p 3 Page 2 No'v ember 2, 2000 m~dedylng fee title to the center oft. he street m that portion of the stieet actually abutting his property" (Subsection 681, Volume 22 Texas Practice) Clearly, cities have long understood that off mhd uatura] gas located under btreets x~ cie not owned by the City but by the abutting property owners On the otlxel hand, the C~ty's r~ghts in a street easement ha,, e been held to be quite comprehensxve It ~s not confined to the surface but extends to a depth that w~ll enable the urba~ authority to do that whmh ~s done m every street, including the laying of sewer, gas and wate~ p~pes Clt-~, of San Antonio v United Gas P_~.e Line Co 388 S W 2d 231 and Hill Farm, Inc v Ihll County 436 S W 2d 320 (1969) -' The key d~stmctmn ~egardlng durnpsters m right-of-way ,~ersus undeiground laciht~es being installed m right-of-way by an adjoining property owne~ is the fact that the tormer is owned by Denton Solid Waste and the latter ~s owned by the adjmnmg property owner Addmonally, we have not located any authonty utter the adoption of Chaptel 316 that mvahdates our enabling statute, Section 316 021 Now let ~.is turn to the controlling ~ssue m th~s mutter, Denton Solid Waste ~s pertormlng a public pm'pose not a private purpose that may be hmtted by Chapter 316 The C~ty of Denton has the police power (e g Sohd Waste Chaptel or Zoning Chapter of the City Code) to proNb~t all dumpsters in stleet right-of-way just like it may contlol the manner m whmh Telephone, Electric, Cable and Natural Gas compames use right-of-way Non t. lty-owned utility companies are reqmred to obtam a franchise hem the c~ty to use street rights-of-way and to pay reasonable rental value (frmxchlse fees) for such use Genelally, w~th telephone, electric, gas and cable, the property owner abutting such lines [and owning fee simple interests to the center of the stleet] pays the applopnate compmly (elthm by cost of service fees mcluded m their ut~hty Nll or by a pass-through fee approved by a PUC tariff) for the lental/francl'use fee the city assesses such uUhty for the use of its street rights-of-way Denton Solid Waste m our scenario is being advmed by the City Council to get dumpsters out of ~ts street nghts-of-way It is proposed that in certain public health, safety and ',', elfare situations the City Councd will allow Denton Solid Waste to leave dumpsters m street rights-of-way bui that ~ftNs occurs, m the future the City's general Fund expects to receive a leasonable rental fee from Denton Solid Waste in turn, since Denton Solid Waste ts a utility, it ~s authorized to pass thl~ cost et ~ts ser,,ico directly to Il:re mdlvlduai or entity leqmrmg this expenditure of funds (lessee dmnpster) [ regret that I was unable to reach you today to determine exactly the procedure you plan to follow m allowing certain dumpsters m City rights-of-way [ have also been unable to d°wnload on my computer you~ power pmnt p~esentutmn on thru lsstte I would be most apprecmgve ~fyou would fax the appropriate sheets to me to remew It may be necessary. to do ad~.monal resemch and amend this opinion afle~ nay review of your presentation a nd, or our discussion of the p~ocedure for m~-plernentatmn of the new dumpster pohcy If you have any questions, feel free to contact me 13 List of Customers with $ or more reported v,olaflons CUSTOMER NAME SERVICE ADDRESS NUMBER OF TIMES REPORTED BENT TREE APTS 1000 N BELL 12 RAINTREE APTS 1003 EAGLE 7 SUNBURST PLACE 1030 DALLAS 10 13 WINDSOR PLACE APTS 106 AVE E 12 TRAPP IRWIN 1105 AVE B 5 ELMWOOD APTS 1108 N ELM 5 VILLAGE APTS 1116 EAGLE 7 LA COLINA APTS 1200 DALLAS 8 KHALAFI AKHTAR 1224 W OAK 14 SCO3-1' BROWN PROPERTIES 1226 AVE A 18 RAMSGATE APTS 1407 BERNARD 14 WOODHILL APTS 1408 TEASLEY 15 LAKES REG SOCS 1426 N RUDDELL 6 OAK LANE APTS 1500 W OAK 6 KING PROPERTIES 1511 N ELM 6 WESTWIND APTS 1710 SAM BASS 1 5 GREATER SW PROPERTIES 1800 JASON DR 9 FORREST RIDGE APTS 1810 WESTMINSTER 9 WESTMINSTER GARDENS 1821 WESTMINSTER 6 PENNELL ERNEST 1920 N RUDDELL 7 UNT COLLEGE INN 100 AVE D 6 KM PROPERTIES 209 AVE G 14 PLACE TO BE APTS 2122 STELLA 12 EAGLES LANDING 218 AVE E 10 HUNT CLUB 2217 W HICKORY 19 OAKLAWN GARDEN 2221 N BELL 5 COOPER RICHARD 2221 STELLA 7 CHANG CHENG YEH 223 AVE G 9 CRESTWOOD APTS 2266 W OAK 14 WESTRIDGE HOUSE 2311 STELLA 5 SOMERSET APTS 2320 W PRAIRIE 5 COUNTRY PINE APTS 2339 W OAK 6 CARRINGTON PLACE 2401 W PRAIRIE 6 COURTYARD APTS 2404 LOUISE 11 COURTYARD APTS 2405 LOUISE 11 PACE'S CROSSING 2411 1-35E SOUTH 11 KENSINGTON PLACE 2413 W HICKORY 19 OASIS 2415 CHARLOTTE 5 SILVERADO APTS 2417 LOUISE 19 HOUSING 4 HIRE 2422 CHARLOTTE 6 ARBOR APARTMENTS 2425 LOUISE 10 Code Enforcement hst 5 or more xls 1/12/01 1 2 1 4 mmm L > 0 0 mm 0 mmmmm m Om 0 C~U~ OU.I mm N.-. 0 fi~ I~ X 0 1,1,,, 0 Ill 0 ~L X l~t Agenda Item AGENDA INFORMATION SHEET AGENDA DATE January 23, 2001 DEPARTMENT Utlhty Admlmstratlon ACM Howard Martin, 349-8232 ~ SUBJECT: Receive a report, hold a dascusslon and give staff dlrectmn concerning the construction schedule for the Lake Ray Roberts Water Treatment Plant Project BACKGROUND: Freese and, Nichols' proposal for the Prehmmary Design Report (PDR) for the modifications to the Lake l~ay Roberts Water Treatment Plant (LRRWTP) originally ~dentffied the proposed schedule for completing the prelln'nnary design, detaded design, constructaon and startup phase for the project (Exhibit II) This schedule was based upon a directive by City staffto expedite the projectl and included an aggresmve demgn and construction schedule to allow the project to be operational by the summer of 2002 Tlus schedule was mochfied by the t~me the PDR was completedland the City of Denton negotmted a Professional Services Agreement (PSA) contract w~th Frees~ and N~chols to complete the detmled design phase of the project Thru revised schedule (Exlublt III) assumed the PSA contract would be authorized by May of 2000 and the project co~ld be bid by December of 2000 This revised schedule continued to use an 18-month constmctmn period but the start up of the facthty had slipped two months to August of 2002 Tlus shpp~ge was due the extra t~me required to complete the PDR and to negotiate the fee for the PSA Constmctmn projects ofth~s size and complexity would typically allow 24 to 30 months fo~ constmctmn unless schedule constraints by the owner require the facility to be built and brougl~t on line sooner than tlus allowance would prowde Dunng th~ course of the detmled design phase of the proj eot staff continued to work aggressively with the F~eese and Nichols' des~gu team to bnng the project on line untlun the schedule originally ~stabhshed for the project However, staffbecame increasingly concerned about the feas~blhty of the contractor to complete a project ofthts size and complexity w~thm the 18-month constmctmn schedule Staff was also concerned about the economic penalties that would be assoclatedlw~th ttus short of a construction schedule and the fact that a schedule slippage of as httle as one month would place the faethty on hne shortly after the peak water demand period of the summer of 2002 Due to these concerns, staffchrected Freese and N~chols to explore the following items · Since the Ctty of Denton does not need to have the entire project operational by the summer of 2002, can the project b~d documents be structured in a way to allow the plant to produce treated water ~n some capactty w~thln the 18-month construction schedule9 · Is the 18-month constmctmn schedule feamble for flus project ~f ~t m restructured to ~nclude an ~ntermed~ate completion reqmrement9 · What cost premiums would the C~ty of Denton hkely have to pay ~n a competmve bid environment to complete the project as rewsed w~tlun the 18-month schedule · Can the project be competitively b~d to msure a guarantee of a partml plant start up before the summer of 2002 Freese and Nichols and staffboth agreed that the primary need for the treatment plant to be operational by the summer of 2002 was for supplemental water supply to meet antm~pated peak demands Th~s would reqmre the completmn of some but not all of the famlmes proposed ~n the project Specific recommendatmns for items that were not essential for that purpose and would hkely be completed near the end of the project were · The second 10 MGD process tran of the 20 MGD treatment plant · The ozonatmn faclht~es · The anstmmentatlon and SCADA system · The complete fnnslung of the adnumstratmn, operations and mantenance bmlthng · The standby electrical power system Freese and Nmhols venfied that the bid documents could be structured ~n a way to exclude these ~tems from the nntml plant start up reqmrement and specify a substantml completion date of August 1, 2002 They also contacted two local contractors to verify that th~s schedule was feasible to complete w~thln the 18-month ttme frame However, both contractors expressed concern about the tight t~me schedule and estimated that construction costs would ~ncrease between 1 to 3 mllhon dollars due to overOme expenses to shorten the schedule from 24-month to 18-months Freese and Nmhols prowde staffwtth a letter (Exh~btt IV) summarizing the information they received from two contractors concerning the financml ~mpact of the shortened construction schedule W~th respect to contract schedule guarantees, the only mechanisms currently available to insure schedule comphance by a contractor are penalties or ~ncent~ves bmlt ~nto the contract documents In general, most mumclpal ent~tles specify daily charges referred to as hqmdated damages as penalties aganst contractors for completmg projects behind the schedule outlined in the b~d documents These charges ~mpose a financial nsk to the contractor and are a factor m the bid process and overall pnce the owner must pay to get a project completed Most contract disputes over llqmdated damage clams by owners agmnst contractors are centered on the followmg · Can the owner support the dollar amount assessed as hquldated damages as a true cost born by the owner due to the schedule delay by the contractor These damages are frequently calculated on the basis of lost revenue or increased operational costs assocmted w~th the delay For aproject ofttus scale, the llqmdated damages amount would typmally be around $ 2,500 per day and would be based upon the owner's cost to sustam and manage the contmued inspection and project management personnel on the project beyond the scheduled completton date Assessing a hqmdated damage clmm agmnst a contractor based upon the economtc loss by the owner required to curtmn retail water usage would be dtfficult to enforce · If there is a cost by the owner for a schedule delay, there should also be a benefit received by the owner if the project is dehvered ahead of schedule If hquldated damages are to be stgmficant m their amount, there should be an equal value monetary incentive provided to the contractor for completing a project ahead of schedule This pnnclple is much easier to use on a private sector project than tt ts to use on a public sector project Due to these factors, it ts unlikely that the City of Denton could use a llqmdated damages approach for th~s project to provide a strong assurance of schedule compliance by the contractor The basra conclusion ts proceedtng forward wtth the 18-month construction schedule would likely cost the City of Denton between 1 to 3 mtlhon dollars extra and would not provtde a strong assurance that the plant would be able to help sattsfy peak summer ttme demands dunng the summer of 2002 The primary concern with going to the 24-month constructton schedule is the City's abthty to meet peak summer demands wtth the exmtmg famhttes Since summertime water demands are slgmficantly nnpacted by rainfall patterns, predicting peak water demands is difficult to project Exhibit V shows the water demand h~story observed in the system smce 1983 Wetter than normal summers occurred in 1992, 1994 and 1995 wlule drter than normal summers have occurred tn the more recent summers of 1998, 1999 and 2000 An addttlonal concern impacting water demand projecttons is the recent tugh rate of growth within the system Exlnbtt VI shows the lnstallatton htstory of new water meters connected to the dmtnbut~on system over the past stx years The overall growth rate of new water meters dunng the first three fiscal years (1994/95 through 1996/97) was approxtmately 2% per year The past three years have seen thts growth rate escalate to 3 5% for 1997/98, 5% for 1998/99 and 6 4% for 1999/00 Current data for FY 2000/01 suggest that tlus trend w~ll conttnue and approach 7% by the end of the year Current projections for peak water demands for the summer of 2002 based upon tustonc data and a projected 7% growth rate over each of the next two years are as follows Average condttton peak day demand - 29 5 MGD Drought condttlon peak day demand - 35 0 MGD Wet weather condition peak day demand - 24 5 MGD Extstmg plant production capamty - 27 5 to 29 5 MGD Exmtmg standby well capamty - 2 MGD UTRWD emergency water supply capacity - 1 to 2 MGD Based upon these projections, actlvatton of the Drought Management Plan to keep water system demands wltlun extst~ng productton capacity would hkely be needed if the weather patterns dunng the summer of 2002 were dner than normal and the Lake Ray Roberts WTP was not operational If the weather patterns dunng th~s penod were wetter than normal, there would hkely be little benefit to hawng the Lake Ray Roberts WTP on hne by that summer OPTIONS. Stay wath the current schedule and b~d the project an January of 2001 This optmn ~ncludes an 18-month constructton schedule for completion of a 10 MGD conventional treatment plant by August of 2002 Ttus schedule cames a price premium of between one to three mdhon dollars and would not necessarily guarantee a plant start up before the peak water demands ~n 2002 It ~s anticipated that ttus option would also be more hkely to have a greater level of change orders dunng the construction phase due to the t~ght tame frame for the design phase and plan revaew phase Revise the current schedule and bid the project ~n February of 2001 with completion by April of 2003 Th~s option w~ll reduce the construction cost premmm associated w~th the onganal 18- month construction schedule and reduce the hkehhood of construction change orders due to errors and omlssmns m the engmeenng plans and b~d documents If weather dunng the summer of 2002 as drier than normal, it wall increase the hkehhood of activating the water use restrictions outhned an the Caty's Drought Management Plan to manage peak water demands RECOMMENDATIONS' Staff recommends adjusting the current schedule to provade a 24-month construction period and have the start up of the new famhty by April of 2003 Staff presented ttus item to the Pubhc Utilities Board at the December 18, 2000 meeting for d~scusslon and pohcy guidance The PUB expressed concerns about the possablhty of the c~ty needing to activate of the water use restrictions outlined m the Drought Management Plan during the summer of 2002 However, they also recogmzed that staying w~th the original 18-month construction schedule for the project was not m the best interests of the water customers and supported staff's recommendation to rewse the constmctaon schedule prior to going out to b~ds wath the project PRIOR ACTION REVIEW (COUNIL, BOARDS, COMMISSION) PUB August 23, 1999 - D~scuss~on on the LRRWTP cost update and 10-mgd vs 20-mgd plant construction October 4, 1999 - Approval of the prehmmary design contract wath Freese & Nachols, Inc January 24, 2000 - Receive an update from staff on the major dems~ons and recommendations from the prehmmary design report workshops April 3, 2000 - Approval of the prehmmary design report as prepared by Freese & Nichols, Inc Mai 1, 2000 - Approval of the professaonal services proposal from Freese & Nichols, Inc, for the Final Design of the LRRWTP and related facdat~es December 18, 2000 - Receave an update from staff concermng the construction schedule for the LRRWTP December 18, 2000 - Receive a report from staff concerning recommended admmastratlve procedures for processing change orders for the constmcUon phase of the LRRWTP project City Council August 24, 1999 -D~scuss~on on the LRRWTP cost update and 10-mgd vs 20-mgd plant constructaon November 2, 1999 - Approval of the prellm~nary design report contract w~th Freese & N~chols, Inc February 8, 2000 - Receive an update from staff on the major decisions and recommendations fi'om the prehmmary design report workshops April 11, 2000 - Receive an update from staff on the prehmlnary design report as prepared by Freese & Nichols, Inc April 18, 2000 - Approval of the prehm~nary design report as prepared by Freese & Nichols, Inc May 15, 2000 - Approval of the professional services proposal from Freese & Nichols, Inc, for the F~nal Desagn of the LRRWTP and related facflmes ESTIMATED SCHEDULE OF PROJECT. The plant should be operational by the spnng of 2003 The revised schedule for the project as detailed in Exlub~t VII FISCAL INFORMATION The estimated construction cost for the project ~s $35,677,000 The rewsed cost estimate for the project as detailed in Extnb~t VIII Based upon the estimated construction costs ~dent~fied for th~s project in the PDR and the recent rate proformas prepared by staffdunng the FY 2001 budget process, thas project can be funded without an antlc~pated rate increase prowded ~mpact fee revenues match current projections MAP See Exhibit I Respectfully submitted Howard Mart~n Assistant C~ty Manager, Utd~t~es Prepared by T~mothy S F~sher, P E Assistant D~rector of Water Ut~ht~es Exhibit I - Location Map Exhibit II - Freese and Nmhols PDR Proposal's Original ProJect Schedule Exhibit III - Freese & Nmhols PSA Proposal's Revised ProJect Schedule Exhibit IV - Letter from Freese & Nmhols Concerning Construction Schedule, Dec 4, 2000 Exlub~t V - Water demand htstory and summerttme peak demands Exhibit VI - Water meter mstallataon bastory Exhab~t VII - Rewsed project schedule Exhibit VIII - Current project cost estimate Ray Roberts ~URGER EHEPARO FREESE-NICHOLS December 4, 2000 Mr P S Arora, P E Engineering Admm!strator CaW of Denton 901-A Texas Street Denton, Texas 76201 RE Constructxon Tlmehne Informat~orffRecornmendat~on Lake Ray Roberts Surface Water Treatment ?1ant DTN00343/3 10 Dear Mr A.rora Attached please find the mformatton receaved fi.om Archer-Western Contractors and Cajun Constructors w~th respect to the stated oblect~ve ofparUal completmn and occupancy/use of the Lake Ray Roberts Surface Water Treatment Plant We chose these two contrastors for mput on the project tmaehne because of thear posmve reputation an the constructmn of snmlar facaht~es m the North Texas regaon, thear prevmus mvolvernent m accelerated project compleuons, our dtrect knowledge of thear work and staff, and the lnkelthood they wtI1 pursue tins project There are other lnghly quahfied contractors m tins part of the country who wall be able to successfully perform the work and who could have been contacted for input However, we beheve the mformatmn provided to us by Archer-Western Contractors and Cajun Constructors was adequate to gauge the overall perspective of the prospective constructors The objecttve and project constraints were commumcated to them m wntmg A copy of that Ietter as also attached Both c~te the unknown ~mpact of the weather, groundwater care-of-water, slurry trench wall pre- requisite and available workforce as obstacles to completion by July 2002 Each approached the task of quantaf~.ang the cost ~mpact assomated w~th compleuon on that tame-line a httle d~fferently but both approaches seem reasonable Archer-Western estimates the ~mpact on cost at $2-3 rrnlhon, Cajun at about $1 rmlhon It needs to be understood as well, that extraordinary weather delays or unexpected varyang s~te condmons rmght cause the t~melme not to be met even ffthe cost premaurn were accepted The City wflI need to determine the value of the accelerated schedule and advise us of your preference Freese and N~chols Inc Engineers Environmental Scientists Architects 4055 Intemabonal Plaza Suite 200 For[ Wor[h Texas 76109-4895 817 735 7300 Fax 817-735 7491 EXHIBIT IV Mr PS Arora, PE Engineering Adrmmstrator Page 2 Another approach to consider ~s one where the contract m structured to provide a nombmdmg, early completion, monetary mcent~ve to the contractor The contractor would set their own number of completmn days m their b~d To take advantage of the incentive, the contractor's construction schedule would be structured to actueve the early partml completion Should the weather conditions and/or unforeseen stte condmons turn out to be unfavorable as related m their comments, the stated completmn days m thmr b~d would apply There would be no penalty for not completing part~al constructmn by July 2002, nor any bonus Part of the merit of flus approach ~s that a related consequence of unfavorable weather delays ~s tngher levels of water m the reservmrs and lower demands than what were experienced flus year, Much would de-emphasize the need for the early completion We have used a smular early completion ~ncent~ve approach on a couple of recent projects We flunk ~t ~s worth explonng If you would luke to explore flus approach m more detml, Larry and I could schedule a conference call w~th you If you have any questions regarding the techmcal memorandum or the workshop meetings, please do not hesnate to call me at 817~735~7327 Very tr~y you~, y~ofid R Longona, P E, DEE ProJect Manager Enclosures xc Larry Eckersley [DTN00343]F ~LET~Constructlon_Tlmehn~_Infotmatmn doe CAJUN CONSTRUCITOR$ j November 29, 2000 TO John New Freese &Nichols FAX 817/735-749I FROM hrrany Srmth R.E Lake Pay Roberts WTP ProJect In our revmw of the Lake Ray Roberts W/P, we fool that the 18 month cormtmctmn schedule w, ll be chffioult to meet, even w~th only half of the process on line The project, ~ e Concrete Work, must be done from the ground up, winch w~ll reqture footings, slabs, walls to be poured on the entare project using sound cost procedures It would not be cost effecttve to bmld half of the process and come back and braid the remainder under a one- phase contract To bmld tins project, $25 mflhon, 14,000 cy of concrete, we would normally be looking at a 24 to 36 month project We look at &rect labor to be approximately 10% of the total job budget, $2,5000,000 wath addmonal m&rect labor of 50%, or $1,250,000 (total of $3,750,000), plus insurance and taxes of 35%, or plus or minus $1,312,500, for a total of $5,062,500 To meet your process goal, we estmaate that we would have to accelerate the constractaon by 25°/'0, which could be done by working i0 hours of overtmae each week Tins would add approximately 20% to the labor cost, or plus or minus $1,000,000 One other problem we see could be m the Slurry Trench mstallauon We assume that ttus ts part of this contract If it takes 3 or 4 months to get the Slurry Trench installed, there is a major shortage of tune We would recommend that the Slurry Trench be btd under a separate contract and work might be~n sooner We are not sure wluch select fill ~s avmlable near thc site, but Bridge Port flex base to Dmton is about $10 00/ton We think that your Class 4 could be unported for $8 00/ton or less Feel free to contact me w~th your comments or suggestions PO 8ox 59367 Dallas ~ 75229.9367 972/22~ 3233 NOU-29-2B~B 24 33 972 42B '7857 Archer Western Contractors November 28, 2000 Freese & Nichols, Inc 4055 Intemat.~onal Plaza Fort Worth, rX 76109 Attn Ray Longona Ret Lake Kay Roberts Water Deatment Plant Dear Ray, As requested, we rewewed the partmlly complete drawmg~ for the above referenced project lhe tn'ne to complete the project m extremely aggressive conmdermg that the project ts to be awm deal sometlmc around the first of March 2001 and to have half of the facility produmng water by July 31"t, 2002 Due to the weather condmons that may or may not be present, the groundwater condttmr~, the reqmrement o£a slurry trench, a~d the potentaal ora work£orce that w~ll be very d~fl~cult to obtain m a quantity reqmred, pmentmlly may cause thru project a four month extension TMs Is based on working five ten-hour days We feel that m order to reduce the risk of hqmdatcd damages, to obtem~ the mteran m~lestone of July 31a, 2000, that six montt~ oftwo-shtft opera, on may be reqmred The cost of thru two-sh~ft operaUon, including constructmn eqmpment, may cost $2-3 m[lhon The above w~s based on a feetmg of what [t w~ll take from experience Once drawings are complete and a dctmlcd schedule and man-hour takeoff can be analyzed, we'll berber ascertain the ~rnpaet of the dates Archer Western greatly appreciates the opportmury to review this project md looks forward to bidding and hopefully obmnmg t. he oppormmty to bmld th~s pro, eot 11 you have any turther questlonq, please c~dI Smcerely, ARCHER WESTERN CONTRACTORS, LTD Texa.s Area Manager 2121 Avenue J Suite 103 A Maml3er o/The Walsh Group Arhngton, T~<as 76006 An EQual Opportunity Employer Phone 817 640 3898 FAX 817 640 8734 PelletSUl sJateIN letOJ. OPINION OF PROBABLE CONSTRUCTION COST SUMMARY OF COST 20 MGD OZONE PLANT AND 60 MGD PUMP STATION FR~E ESE - NICHOLS RAW WATER PUMP 8TATINON AND PIPELINE-2001 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL RAW WATER PUMP STATION/PIPELINE/ELECTRICAL LS $1,044 600 $1 044 600 RAW WATER ELECTRICAL BUILDING (A) LS $56,300 $56,300 RAW WATER pIPELINE _S $1 347 900 $1 347 900 ELECTRICAL/INSTRUMENTATION .S $187,153 $187 153 TOTAL COST - 2001 $2,635,953 20 MGD OZONE PLANT-2001 ITEM DESCRIPTION QUANTITY UNIT UNiT PRICE TOTAL RAW WATER METER VAULT 1LS $112 600 $112 600 PUMPED DIFFUSION VAULT{c) 1LS $114 100 $114 100 SPLITTER BOX (c) 1LS $209 254 $209 254 FLOCCULATION AND SEDIMENTATION BASIN 1LS $2 549 600 $2 549 600 OZONE FACILITY (D) 1LS $4,700 000 $4 700 000 FILTERS 1LS $3 685 400 $3 685 400 AIR SCOUR SYSTEM 1LS $477 289 $477 289 TRANSFER PUMP STATION 1LS $808 000 $808,000 CHEMICAL STORAGE TANK AREA ILS $578 600 $578 600 iCHEMICAL F~U FACILITIES 1LS $1 363 100 $1 363 100 CHEMICAL PIPE CHASE 1LS $500,200 $500 200 LINED CHEMICAL DRAIN PIT LS $28 500 $28 500 CHLORINE AND AMMONIA STORAGE BUILDING LS $1 200,500 $1,200 500 SLUDGE DEWATERING SYSTEM (F) 1LS $480 900 $480 900 WASHWATER RECLAMATION BASIN LS $333 100 $333 100 WASHWATER 'RECYCLE METER VAULT LS $40 700 $40,700 MAIN DRAIN SUMP -S $143 600 $143 600 OPERATIONS BUILDING (~) -S $1 766 600 $1 766 600 SLURRY TRENCH IH) ILS $338,000 $336 000 YARD PIPING LS $1 307 000 $1 307,000 SITEWORWPA~/ING LS $917 100 $917 100 LANDSCAPIN~ AND IRRIGATION LS $65 000 $65 000 ADDITIONAL LANDSCAPING ALLOWANCE LS $200 000 $200 000 BACKUP POWER iH) ILS $890 000 $890 000 ELECTRICAL/INSTRUMENTATION (E) 1LS $3 726 254 $3 726 254 TOTAL COST - 2001 $26,535,397 [DTN99479}t 1\2 EXHIBIT VIII OPINION OF PROBABLE CONSTRUCTION COST SUMMARY OF COST 20 MGD OZONE PLANT AND 68 MGD PUMP STATION FREESE o NICHOLS HIGH SERVICE PUMP STATION -2001 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 60 MGD PUMP STATION [ 1ILS , $3505600J $3505600 6 MG STORAGE 1 ILS I $1,855,600 $1,855 600 PLANT EFFL~UENT MEI'~-~ VAULT 1 LS I $113 700 $113,700 ELECTRICAL/INSTRUMENTATION $ 1 LS $930 733 $930 733 TOTAL COST - 2001 ? ~ ~, $6,405,633 E) Unit Price from Memorandum Cost Companson of HFR vs LRR 8 Jan~0 F) Unit price for Lagoon Facility from TM 5 10 Dec 99 [DTN99479}t2~ Aoenda No ~ - Agenda It~~~ AGENDA INFORMATION SHEET AGENDA DATE January 23, 2001 DEPARTMENT Utility Adm~mstratlon ACM Howard Martin, 349-8232 ~ SUBJECT. Receive a report, hold a discussion and give staff direction concerning admunstratlve procedures for processing change orders for the Lake Ray Roberts Water Treatment Plant Project BACKGROUND: The Lake Ray Roberts Water Treatment Plant project is neanng the bidding stage and staffls working with the engmeenng consultant, (Freese and Nichols, Inc ) to finahze englneenng plans and specifications and the contract and bid documents The project is unique for the Water Utilities Department since the estimated construction cost is approximately 35 million dollars, almost four times larger than any constmctaon project implemented by the department within the last ten years Prior experience and industry standards with constructlon projects of this size and complexity would antampate that change orders will occur on the project and will total between 2 to 3 percent of the contract amount For a 35 million dollar project, this expected change order amount would range between $ 700,000 to $1,000,000 The project's accelerated design and construction schedule coupled with ldentffied site constraints would suggest that change orders for thts project are more likely and a review of adnumstratlve procedures to process change orders should be considered before begmmng the construction phase of the project It is important for all parties to understand that change orders will be a part of any large constructaon project Change orders can typically be separated into three categories 1 Owner lmtaated changes to the scope of work outhned in the contract documents 2 Engineer's errors and omlsmons m the plans and specifications 3 Unforeseen site conditions In each case, ~t ~s to the owner's benefit to have an effectave admlmstratlve procedure in place that will provide a tamely response to the contractor to process change orders Tlus is especially the case when the owner requests a change to the contractor's scope of work Current state laws govermng mumclpal contracts lnmt lndlwdual change order amounts to $ 25,000 w~th a maxmaum cumulatave change order amount of 25% of the ongmal b~d price for the project, Cumulatave change order mounts over 25% of the ongmal contract value reqmre a competmve b~d process Prior adrmmstratave procedures used by the C~ty of Denton have reqmred staff to process change orders over the $ 25,000 dollar amount through both the Pubhc Utlllt~es Board and City Council for approval With a project of tins s~ze, change orders greater than $ 25,000 are more likely and the admlmstrat~ve procedure of seel~ng both PUB and CC approvals will limit staff's abthty to authorize a change order for the contractor m a t~mely fasinon To address tins concern, the staff requested Freese and Nichols Construction Servmes Manger, Larry Eckersely, P E to make recommendataons on alternative methods that can be used for mumclpal and governmental agencies to help admtnlstratlvely expedite change order decisions at the staff level and comply w~th state laws govermng Inddmg procedures H~s recommendations, (see letter dated November 14, 2000 Exinint Ir) suggested that an owner deterunned contingency b~d allowance can be included m the contract documents at the time ofindd~ng and contract award Th~s b~d ~tem would admlmstrat~vely and legally authorize staff to process change orders at any dollar mount wtth the cumulative total of all change orders hmtted to the contingency b~d amount specffied m the contracts Replentshment of th~s b~d allowance would reqmre appropnate admunstratlve procedures as mqmred by state law 0 e C~ty Council approval) but would legally empower staff to process change orders above the $ 25,000 dollar amount w~thout requmng the formal action of the C~ty Council or govermng authority Freese and Nmhols have used tins approach to asmst their chents m streamlining their change order procedures They hsted munmtpal, state and river authority projects (C~ty ofMadland, Tex DOT, and TRA) where th~s approach has been successfully used m the past Staff feels that tins approach has merit and should be conmdered for the Lake Ray Roberts WTP project and could also be used for other large projects lhke the expanmon of the Pecan Creek Water Reclamation Plant that will be let for Inds tins summer OPTIONS. 1) Include a contingency Ind ~tem for the Lake Ray Roberts Water Treatment Plant project to allow staff to admunstrat~vely expedite change orders dunng construction The contingency b~d ~tem amount should conmder the overall cost of the project and the maximum stze of a change order that may need to be processed during the construction phase Based upon the project schedule, site condlt~ons, and the complexity of the project, staff would recommend a contingency bid amount equal to at least one percent (1%) of the construction contract amount The Pubhc utdmes Board and the C~ty Counml would be adwsed of all change order act~wttes adm~mstered by staff as a part of the ACM's update at the next board meeting and as a part of the TW3 (That Was the Week that Was) report to Ctty Council If cumulative change orders exceeded the contingency Ind amount, staffwould request an add~ttonal contingency amount through the Pubhc Uttlmes Board and City Council m one percent (1%) increments 2) Instruct staff to adm~mstrat~vely process all change orders that are less than $ 25,000 and process all change orders greater than tins amount through the C~ty Council only The Pubhc Utilities Board would be adwsed of change order act~wt~es as a part of the next board meeting's ACM's update 3) Instruct staff to admamstratlvely process alt change orders that are less than $ 25,000 and process all change orders that are greater than tlus mount through both the Pubhc Utflatles Board and the Caty Councal RECOMMENDATIONS Staff took t!us atem to the Pubhc Utflat~es Board on December 18, 2000 for dascussmn and pohcy gmdance The PUB recogmzed the merits of admamstrat~vely expedatmg change order decm~ons for large capatal projects of thas type and supported the staffs recommendataon for Optaon 1- ( mcludang a contingency bad amount awarded wath the contract followed by adm~mstratlve reporting to the Caty Councal and PUB ) The PUB also recommended that staff make the following changes to their original recommendation 1 Increase the contingency bad amount from 1% to 2% of the constmctaon cost to reflect the expected budget amount of change orders that would occur on the project 2 Consider changing the wording of the bad atem from "contangency" to "proJect betterment" or "project enhancement" 3 Identify all change orders based upon the three categones lasted by staff( 1 e errors & ommsaons, owner amtaated, and unforeseen s~te condatmns ) when adm~mstrat~vely reporting these ~tems to the City Council and PUB Tlus would allow for a clearer understanding of the underlying cause of the change order and assmt the C~ty Council and PUB an prowd~ng pohcy gmdance to staff dunng the course of the construction phase of the project MAP See Exhibit I Respectfully submatted Howard Mart~n Assistant Caty Manager, Ut~htaes Prepared by T~mothy S F~sher, P E Assastant Darector of Water Utfutaes Exhibit I - Location Map Exhibit II - Letter from Freese & Nichols Concermng the Merits of a Contingency b~d Item, Nov 14, 2000 MCREYNOLD~ Ray Roberts Water RIVER n~ Ma,p~ EXHIBIT I Tl~eatment Plant. .. FREE$~=-NICHOLS November 14, 2000 Tun F~her, P E Assmtant DL~ector of Water Ut~hlaes City of Denton 901-A Texas Street Denton, TX 76201 RE City of Denton' Lake Ray Roberts Surface Water Treatment Plant Cuntmet DTN00343 Ments of Contingency B~d Items Dear Mr Fisher As we chscnssed a few weeks ago, I would lflce to propose unl,mng a b~d format on the subJect project that includes a contingency item for potentml eha. ge order work during construction As you know, any type of constructxon project typically revolves some amount of extra work that is added after award of the proJect to the lowest responsxble bidder Indus~'y stetl~cs suggest that it is not unusual to have change orders on project5 m the amolmt of two to ~ percent of the onEmal bid price These change orders can typically be separated into three categories (Owner-mirrored changes, Engm. eer error/onmslons, Unforeseen site con&nons) Although the amount contributed by each category can vary slgmficanfly fi'om proJect to project, thmr combined fmanmal rmpact on the fixml project cost stays relalxvely consmtent. Obviously, It is m the best interests of the Owner and Engineer to mlmm~Te the financial impacts ofchan~e orders In my oplmon, one of the keys to lDmlm1~ng those Impacts 15 to reco~17¢ that chanEe order situations will occur during conmxuetmn Once a change is ldenllfied, the cost impact must be determined and an agreement must be reached w~th the Contractor zx'pecht~ously m order to allow that work to proceed Fatlure to do that on a normal construction project can remllt m adchUonal costs for dgta,v The compressed constru~on schedule for thru project (10 MGD on line m 17 months) will s~?~ficantly increase the fmancud impacts of any delays m the change order process A~ I ulldemtand it, the City of Dznton's change order approval procedure must go through both tho Board and the City Council after recommend_anon of approval by your office That process could easily take three to four weeks, clependmg on the nmmg of the change order request. ~ could s~L2mficantly impact the project schedule, especially Freese and Nichols, Inc Engineers Environmental Scientists Architects 4055 International Plaza Sure 200 Fort Worth, Texas 76109-4~95 817-735-7300 Fax 817 735-7491 EXHIBIT II since th~ Contractor cannot proceed with change order work unut he receives written approval from the Owner I have been revolved m several projects m wluch the Owner has recogmzed the potonttal for these problems and incorporated s~m~lar Inethods to deal with approved cbanlges in a more nmely manner The City of Mzdland, Tnmty Paver Authority, end Texas Department of TrensportaUon have all ut~hzed a change order contingency bid ltein on projects that we were recently involved with The following is a descnptton of each City of ~Midland The C1 of lvhcllend awarded a contract for construction of Chenucal Systein Improvements at its Water Treatment Plant tn the mount of $1,225,500 00 That mount Included Bid Itein ~4 m the amount of $25,000 00, wluch was deser~bed as en allowance for minor remslons or addmons m the work, enthonzed by the Owner The Director of UtfliUes then used tins contingency to prowde the Contractor with ~mmeihato direction to proceed with change order work as ~t became necessary to do so Ihs Intent was to use the bid item to authonze work unttl it was nearly gone At that point, the procedure called for him to send a change order to the City Council confirming the previously approved items end requesting that the onglnai bid item amount be restored NOTE The Owner never had to go through the funds resturatmn step on fins project, as total change orders on the project were apprommately $14,000 00 (1 1% of the ongmal bid price) Trmity River Autl~onty The Tnmty Paver Authority is currently construcnng an ad/ht~on to their sludge bOn_dhng facflmes, at the Central Regmnal Wastewater Treatment Plent. The construcUun cost of the project is approxunately $4,700,000 00 The contract Includes a Specml Allowance of $75,000 00 to be used to cover the cost of nuscelleneous plant upgrades or eny other work ordered by the Owner's Project Reprasentatwe that is not Included In any of the other Bid Items ConstrocUon ~s approximately 80% coinplete and as of th!.~ date, none of this allowance has been used. Previously issued Change Orders have not had ~mmedll~ critical impaet5 to the project schedule, so the Owner's Repre-~eatatlve has opted tolsubnnt them through formal channels and maintain the conungency fund at its original level Texas D~partment of Tr~n.~port~tmn The Texas Department of Trausportatwn awarded separate contracts for the consma'Uon of Area Mamtenence Fac~ht~es m Decatur and Weatherford The construcuon cost of each faclhty was approximately $1,400,000 00, Each contract m4cluded a contingency allowen~e of $29,000 00 to be ,used for smaller change order items as they were chscovered on the project. The Owner's Resident Arclutect was enthonzed to approve expenchtures from flus fund as needed. Change Order items larger then the con~gency amount ~were designated as Supplemental Amendments under tbs system, requmng approval by a hlgher level of a~thonty located In Aust~ The Decatur project was coinpleted two months ago, and the Weathefford construcuon is 90% coinpleto Supplemental Amendments have been lasued to each project to double the s~ze of the vehicle maintenance structure at the Owner's request, and an adchUonal Supplemental Amendment was issued on the Decatur fa~lhty because the Contractor provided some site grading that the Owner's staffhad originally been scheduled to ac¢omphsh However, voth the excepUon of these specie items, the contingency funds have not been exceeded on e~th~r project. The approved change order total for the Decatur project la $25,513 33, and the lapproved amount for the Wea~erford project is $15,768 94 A rewew of the amounts noted above indicates that these Owners felt a contingency fund of apprg~mately two percent of the project constructaon cost was appropnate The Lake Ray ~oer~ ~ project e.nt~mated cons~uctlOll cost IS $35,000,000 00 Based on the dollar ah~.ounts lasted above, we recommend including a contingency fund hne Item m the b~d prol~osal m the amount of $500,000 00 to $700,000 0~ I have included copies of the pertinent reformation fi.om the Contract Documents for each of the projects referenced abo~ for your mformat~on and use As I stated earlier, the ndmm~.~xatlon ora project as large and aggress~.vely scheduled as th~s one ~s ~ be da~icult even with a good contractor and excellent weather conchuons Anyth~5 we can do at th~s tune vntlun the framework of the Contract Documents to reduce the Conlxactor's schedule risk~ and sux~plLfy the process of handling chan~e:~ should be conmderecL Creation of a contingency fund m the b~d proposal would be just such an~lte~n Please let me know ~fyou have any quest~on~ on the mformat~on mctuded above I am avatlable to meet w~th you at your convemenea to d~scuas th~s ~ssue further Sincerely, FREI~SE AND MCHOLS, INC Eawrence P Ecker~l~y, P ~ Euclo~ar~ xc RRL 2 For the construction and operational complcUon of nnprovements at the Midland Intcnmnonal An-pon, complete as shown on the plans and specneicat~ons, ~ to operate (except for bid items noted below wluch are to be ~xcluded from tlus bid item) for the lump sum price oi~ One Hunclred Forty Three Thousand 1 L$ $ 143.000 $143,000 3 Treach sa~ systems for Bid Items 1 and 2, as reqtured by OSHA, complete for the unit tm~e per hnear foot oi~ One Dollars and No . cents. 500 LF $ 1 00 $ 500 00 4 Base Bid allowance for re,nor revi~ons or adchuons m the work, authorized by the Owner, for the l,~m? sum pri~e oe ~.~/.~ Do~ and No ~ents ILS $~ $20~ TOTAL BASE BID (ITl~vlS 1 THROUGH 4) $1.225.500.00 (]FILL IN ALL BID ltl'EMS AND TOTAL AIVIOUNT BIDI W'~t~m fu~een (15) days aiter for~mA1 acceptance oftlus lh'oposal by aNouce ofAwad ofconlract, the bonds as rec~ by the Contract Documents for the faithful perfo,mA,~e of the Contract. In the event the Co,tact Agreement and bonds are not executed witl~,n the tune above set forth, the at~_ched bid sesunty m the amount of 5% of the Amount bid :s to become th,, property of the Owner as hquidated damages for the delay and addtuonal work caused thereby ,t,te mchcated m Sec~on 00100, INSTRUCTIONS TO BIDDER~ F. xcept by mutual agr~ment ofthe Owner andthe Conlzaclor, the date estabhshed for the start ofworkvall be not less tt'sn tan (10) clays °r not mor~ th,,, thn~ (30) da~s aiter the date of the Contract Ag~eemant. /: Receipt is acknowledged of the follovnng addenda: Aad_,,ndumNo 1 ~ tdendum No 2 ~ ~d Proposal 00300-z MDD98169 L The payment period shall end on th~last day of ~ach month and shall cover all work completed and materials received since the end of the last payment period. 2After the ead of the payment pen°d, sublmt a draft c°laY °f the payment request f°r that mo~th to the ~ngmee~ Agreemsnt ~s to be reached on a. The pewentage of work completed for each lump s. rn ~tem b The ~nUty of work completed for each unit pnce item. c. The percentage of work completed for each approved Change Order xtcm. d. The axnount of Mate~:als-on-Hand. Onl the basis of these agreements the C°ntract°r ~s t° prepare a final c°py °f thc palCment request and submit ~t to the Engineer for approval. ic The final c~p--y ~s to be signed by the representatavc of the ConWactor amhonzed to execute doo~,m~nts for the Contractor and notarized. b. The F. agmeer will r~aew the payment ~1uest and ffappr°prjate will rec°mmend payment of the request to the Owner D Each paymeat request ~s to be accompanied by a rew. sed and up-to-~t~ Pw/l'ess schedule per Section 01310, PROGRF-$$ SCHEDULES 104 .~LT DWANCES A.Base B~d allowance for mm~'xevmons or adthtwns m the work authorized bY the Owner (Bid Item No. 4). 1. includes th~ cost of work not identified m the Contract Documents but that may be authorized by the Owner after execution of the Agreement by one or mm Change Orde~ executed as set forth in the Contract Documents. 2T,ms b~ ,;~ iS NOT ~ml,~ed m the Cnnm~-'t Amamt ~?~r~ when and m the amounts ~mhor~zed by the Owner after ex_-o_ ~nnn of one or more Chan~e Orders. Tile bid amomlt for this Item Is the am°unt Pre'auth°nzed bY the Owner' s g°vermng body, the City Council of lVhdland, Texas, for Change Orders to be negouated and e~ectlted by authorized ~ve$ of the Owner w~thout the need to secu~ thc specific approral of the Owner's governing body without the notlfic~on or concurrence of the Contractor, but no adjustment of the CoaUact Amo~mt will be roads except by Change Order executed as set f°r{h m the , ea. -e nt and MDD98169 Last mmum ADD or DEDUCT to t~ apph~d to Base Bid Item No. 1 ~e lump sum mnount off ~doll~ ~94 oo and_.__ No c~nts 1 LS $ 594 00 $ B,~ SE BID ClTEMS 1 THROUGH 7) $~ ~tructural supports, piping, .*lecmcal, and mslrumen~on, the lmnp sum 1 LS $__._.aza~ B~d for Spec~l Allowance as descnbed m Set.on 00100, TO BIDDERS, cents 1 LS (ri'EMS 1 AND 2) $ 75.000 00 00300-3 The ova-all 20°,4 goal for D~sadvmtaged Business Enterprises ( as the part~c~patmn goal for tl~ pwject Of that 20% 1 1' 1% part~cupa~on by women's business enterprises (WBB) and 7% pm't~c~paho~ mmonty busmeas entcrlmse~ (lViBB) arc set as goah END OF SECTION "1 14 8PECIALALLOV~ANCE ~ ~ sh~ ~ m ~rd~ ~ ~ ~ of ~ ~s ~J~ 1 16 ~ of m,~ p~C ~ or ~r w~ o~ by ~ ~ but not ~u~ ~ ~y ~ ~ ~' Aw~,~,mffiowm~of~5,~Pw~f~m'si~~s ~'z 1 17 ~n~ d ~t ~ not ~ ~ of wo~ ~ ~y ~ ~ ~m ~ ~ ~ ~ foH~. 1. Up~ of m~ m ~m ~ v~ U~ of~ ~0~ ~~W~ ~m,ng of ~'s ~L 6 A~in~ ~0~ ~- 1 18 Pa~t ~ ~ m ~ ~ ~ Con&uo~ ~e 11, ~h 11.~, ~ ~. ~ C~ sh~l! ~ ~ mv~ ~d o&~ ~~n ~ for ~mmg ~1 field ~ of wo~ covegd ~r DISTRICT FORT WORTH COUNTY WISE LOCATION DECATUR PROJECT NO BC002-243-2432(REBID) LUMP ,~JM BID FOR aid ITE¥ UUMaER 1 c (Pnnt Numbers Carefully in Blac~ Ink - one number per box) No further Bid Items .'"at (Pnnt Complete Legal Firm Name) Signature (Pnnt Name of Person Signtng) (TitJe) (Street or location Address) (City) (State) (Zip Code) (Area Code) (Phone Number) (Area Code) (Fax Number) * Bid proposal should be filled out mn ink and stgnature must be that of person(s) specaflsally authonzed to execute contracts by and for the above named firm ARTICLE ¥~ cONTRACT DRAWING,~ AND TECHNICAL SPECIFICATIONS ~urnished free of r, ha~e up t~ I1flmm (15) ~x~plets sets of conlract cir'aw(~ and ~oec~atmns 52 Ii1~ .,~r,~n of Plans. ~3ecilicatiom Should an~ ilems ~. tim dra~ or in the s~ require further explanaaon, o~ slmuld any quesaons ame concen~tg I~e line meaning of dravangs and speclacalim~, reference will be made by tim C-eneml Contractor promptly to Owner In no case v~ll wo,-k pmaeed when the ~ Is In doub~ concerning ~e mtent of' the d~ and s~ 53 Vedllcation of Exlaana Condiltons and DImensmns. The C, entractor is reelxma~le fo~ vezi[¥mg all ~.~1C~ I= VI. WORK REQtJIRE~F.N'I~ ex~utscl under a Change O~er oc unde~ s ~em~t~ ~reement, d~ on the ~ C, onditions for changes in the work whic~ do not change the general scope er amount of the o~lgiaal m,,b,,c~. P~nt f~' added work must fall wilNn ~e ,mils of frae C~ntlagen~y Sum set f~ mi the C,o,,~.,."~ P~I De~ wo~k may be deduc~ld from the ~:onlract price, as a ca.IR t~ t~e Ovmer, by a duly exacted C~ange Orde~ Clmnge Ofdem are e~mculed only for Addilional mq~nis f~r I~e cm~ngency allowance vail be a accordam:e wilh .a~lde 131 of Adjuslmea~ ~ lhe c~nl~act I~ vAI. in ~ case, be as negoaalad belween ~e Ovmer and the me worn w~c~ may resua a mlaor dmngee in me w,xk, mX i,wMng an a~m.a,t of corn and The value of c~.ngee ~a Ibe w,~k. eilb~ additive ~ dedu,:~e, whel~er executed under a Change By acceplnnce of a lump hum pmpo~d as defined by,he k~llowin~ pm~mPtm a Co,,~,.,~=r shall furnmh the Owner an bmized Ixeakdow.. in form acceptable to 8GC-6 11/28 DISTRICT FORT WORTH I COUNTY PARKER LOCATION WF.A'I"HERFORD PROJECT NO BC-02-231-2434 I LUMP SUM BID FOR ~ I~M NUMB~ 1 ~ (Pnnt Numbem ~1~ ~n B~ Ink * one number ~ b~) I ~o ~ ~d Item · Signature (Pnnt Name ~ Pemon S~gmng) ~e) I (~a ~e) (Phone Number) (~ ~de) ~ Numbs) ~ * B~d pmpo~l shouM be ~led o~ ~n ~nk a~ s~gnat~ m~ ~ ~ of pe~n(s) sp~l~ a~ to ex~e ~ ~ and for ~e above ~ fi~ P~ I ARTICLE V ;ONTRACT DRAWINGS AND TECHNICAL SPECIRCATIONS 5 1 ~ Depending upon the size and complex]b/of ~e project, the Contractor v~ll be furmshed free of charge up to t~nen (15) complete sets of contract draw~]s and spac~a~ons The Owner rnsewes the right fo charge actual ~epreduct~on cast for adclRmuel complete sets Intamretatlon of Plans. 8onctflcet~ons Should any ,~ms on the drawings or in the spec~ce~ns require fu~her explana~on, or should any ques~ons anse concornmg the true mesmng of the draw.~gs and spact~c~ons, reference will be made by the General Co,,bu~3r promptly to the Owner In no case will work proceed when the Contractor ~s m dou~ concern,rig the intent of the dramngs and Wons. of ~ Condlllons and Dm~enstons. The C~.~-ctor ~s responsible for vanfymg ell 5 ¥~Cahon e~ field conditions and bling element dimensions When the Co. bacfor determines that emlmg condllions and/or dimensions differ from co,d,.c~ dray/rags, he ~s required to Immec~italy notify the Owner of the discrepancy, in writing, before proceeding with work mtfus area AI~ICLE VI, WORK REQUIREMENTS the work under th~s contrac~ which involve co~s or ~edlts, wi~ be 6 1 IR executed under a Change Order or under a Supplemental Agreement. depen~a~g on the may be issued by the ~ns for shanges Owner in accmdance wtth Amcie VI of the foregaing Uniform in the work v/nmb do nc~ change the general scope or amount of the~origlnal eontmcL Paymem for added work must fall within the ,mits of the ~ancy Sum a credit to the Owner, by a duly executed Cimnge Order Change On:Ires are =ecutmt only for work not covered under the contract's onginal scope of work or amount. Change Ordem ~ be based on actual casts as~ociatod w~h perfommg the work and will not include pemenlage markups, profit, overhead, bonds, or msurence Additlonal requirements for the contingency allowance w~ll be in accordance wilh A,'tmfo 13 1 of these Supplementary General Co _~__~, "Cash Allowances · ~ to the oc~,~-ct must be exaeumd to cover any major ~hange in the work whld~ el~er Increases or decreases the general scope or amount of the onginal contmot. Co~b.ctor It shall be unde,14uod that the Owner shall have authon~/to gme matmclmns du~tg the progress of the work which may reanlt in minor changes in the work, not involving an adjnsmmnt of re)ets and not in~nai~ent with the intent and purpose of the ool~bact dooumants, in wtush cases wttlton Change Orders may or may not be issued The value of changes in the work, e~hor addi~va or deduc~e, wtm~or executed under a Change Order or by &upplementnl Agreement, shell be de~nnined in one of the following way~ (1) By acueptance of a lump sum pmpesal es defined by 1he following paragrephs a ¢ontracfor shall furnish the Owner an iten~zed Ixeakdown, in from e~pmble to the Owner, of all costs and suppor~g mfomm~on inctucang but not h'niled to employer payment, and rental ~.'mas The Itennzed breakdovm detail shall be the for ally sul~:~oiih uolor wl~ esme D~FT Future Zoning Map Oak Hicko~ Area ~o~o s~. NOVEMBER 2000 ofDent , . ~ ~ ~ ~m IX 7~20~ + eom The info~ation ~vid~ on ~ ~ap qe~p~ts ~e cu~ent data in me ~on ~ system, ir ~s not an o~cia/map of ~epton and is no[, to the accu[~cy stanoam~ of a su~ey~ map. CHESTNUT ' ' . DRAFT Future Zoning Map Houston I Scripture Neighborhood NottoSc~te NOVEMBER 2000 ~lan~n~N ~man° Development Depa~ment ~ ~.: '~- Denton TX 76201 (940) 3~-8~0 ~.ci~ofdenton.com The info~a~on yrqvid~ on this map r~e~?ts ~ cu~ent data ~n ~e ~on GIS system. Ir is not an official map of Denton and is not to the accuracy ~tanda~ of a su~ey~ map. ff may contain e~rs ano omissions. S \Our Documents\Ord~nances\01\Tax~ OrdmanceDenton doc (e) The d~rector may revoke a tax~cab, hmouslne, or shuttle driver's hcense if the d~- rector deternunes that the hcensee (1) operated a tax,cab, hmouslne, or shuttle ~ns~de the c~ty a period ~n which the tax~- cab, limousine, or shuttle driver's license was suspended, (2) made a false statement of a material fact ~n an apphcatmn for a taxmab, hmouslne, or shuttle driver's hcense, (3) engaged in conduct that constitutes a ground for suspension under Subsection (a), and received either a suspension m excess of three days or a conviction for viola- t~on of this chapter, two t~mes w~th~n the 12-month period preceding the occur- rence of the conduct or three t~mes w~thtn the 24-month period preceding the oc- currence of the conduct, (4) engaged in conduct that could reasonably be determined to be detrimental to the pubhc safety, (5) fmled to comply with a condltmn of a probatmnary permit, or (6) was convicted of any felony offense whale holding a taxicab, hmous~ne, or shuttle driver's license (f) A person whose taxmab, limousine, or shuttle driver's license ~s revoked shall not (1) apply for another tax,cab, limousine, or shuttle driver's hcense before the expira- tion of 12 months from the date the d~rector revokes the license or, in the case of an appeal, the date the appeal heanng officer affirms the revocation, or (2) drive a taxicab, hmousme, or shuttle ~nslde the c~ty (g) The d~rector shall not~fy the hcensee in writing of a revocation and ~nclude ~n the notice the reason for the revocation, the date the d~rector orders the revocation, and a statement ~nformlng the hcensee of his right of appeal (h) After receipt of notice of suspension, revocation, or denial of hcense renewal, the hcensee shall, on the date specified in the notice, surrender h~s taxicab, hmous~ne, or shuttle driver's hcense to the d~rector and d~scont~nue driving a taxmab, limousine, or shuttle inside the city 0) Notwithstanding Subsectmns (c) and (h), if the hcensee appeals the suspension or revocaUon under this section, the hcensee may continue to drive a taxicab, hmousme, or shuttle pending the appeal unless Denton Clt~ Code 23 S \Our Documents\Ordinances\0 lkTax~ OrdmanceDenton doc (1) the taxicab, hmous~ne, or shuttle driver's hcense of the hcensee ~s suspended pur- suant to Subsectmn (b) or revoked pursuant to Subsection (e)(6) ofth~s section, or (2) the d~rector determines that continued operatmn by the hcensee would ~mpose an ~mmedtate threat to pubhc safety SEC 27-181. APPEAL (a) A person may appeal the following dec,stuns of the d~rector ~f he requests an ap- peal ~n wnt~ng and dehvers ~t to the mty manager not more than 10 bus~ness days after rece~wng notice of the d~rector's actmn (1) a demal of an apphcat~on for a permit, (2) a suspension or revocation of a permit, (3) a demal of renewal of annual permit, (4) demal of a taxmab, hmousme, or shuttle chuver's hcense apphcatmn, (5) suspension of a taxmab, hmous~ne, or shuttle driver's license under Sectmn 27- 180, or (6) revocation of a taxmab, hmoumne, or shuttle driver's hcense (b) The c~ty manager or h~s designated representative shall act as the appeal hearing officer in an appeal heanng under ti'ns section The heanng officer shall g~ve the appeahng party an opportumty to present ewdence and make argument ~n h~s behalf The formal rules of ew- dence do not apply to an appeal heanng under th~s section, and the heanng officer shall make h~s ruhng on the basis of a preponderance of the evtdence presented at the heanng (c) The heanng officer may affirm, modify, or reverse all or part of the actmn of the d~rector bemg appealed The dems~on of the heanng officer ~s final SEC 27-182 FALSIFYING OF A LICENSE A person commits an offense if he (1) forges, alters, or counterfeits a taxmab, hmous~ne, or shuttle driver's hcense, badge, stroker, or emblem reqmred by law, or (2) possesses a forged, altered, or counterfeited tax~cab, hmous~ne, or shuttle driver's hcense, badge, st~cker, or emblem reqmred by law Denton City Code 24 S \Our Documents\Ord~nances\Ol\Tax~ OrdmanceDenton doc SEC 27-183 CURRENT MAILING ADDRESS OF LICENSEE An mdlwdual issued a taxicab, hmousme, or shuttle driver's hcense shall maintain a cur- rent marling address on file w~th the director The licensee shall notify the d~rector of any change m this marling address within five business days of the change PART D MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SEC 27-184. HOLDER'S AND DRIVER'S DUTY TO COMPLY (a) Holder In the operation of a taxicab, hmouslne, or shuttle servme, a holder shall comply w~th the terms and conditions of the holder's operating authority and, except to the ex- tent expressly prowded otherwise by the operating authority, shall comply with this chapter, regulations estabhshed under this chapter, and other law applicable to the operation of a taxicab, limousine, or shuttle service (b) Driver While on duty, a driver shall comply with this chapter, regulatmns estab- lished under th~s chapter, other law apphcable to the operation of a motor vehicle in ttus state, and orders ~ssued by the holder employing or contracting with the driver ~n connection with the holder's d~schargmg of ~ts duty under ~ts operating authority and this chapter SEC 27-185 HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS (a) A holder shall establish pohcy and take actmn to discourage, prevent, or correct violations ofth~s chapter by drivers who are employed by or contracting with the holder (b) A holder shall not permit a dnver who is employed by or contracting with the holder to drive a tax~cab, hmous~ne, or shuttle ff the holder knows or has reasonable cause to suspect that the driver has fmled to comply with this chapter, the rules and regulations estab- hshed by the d~rector or other apphcable law SEC 27-186. DRIVER AS INDEPENDENT CONTRACTOR. (a) A holder may contract w~th a driver on an ~ndependent-contractor basis, but only ~f the contract (1) prowdes that the holder shall lndemmfy the city and hold the cxty harmless for a clatm or cause of action agmnst the city anstng from conduct of the driver, (2) provides that the driver ~s ~nsured under the holder's fleet insurance policy, and (3) imposes a cond~tlon that the driver must comply with th~s chapter and provides that fmlure to comply may be considered by the holder as a material breach of the contract Denton C~ty Code 25 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton doc (b) The form of the contract between a holder and driver must be approved by the director The director may disapprove a contract form if he determines that the contract is incon- sistent with this chapter, regulations established under this chapter, or other applicable law A holder may not use a contract that has been disapproved by the director SEC 27-187. INSURANCE (a) A holder shall procure and keep in full force and effect automobile liability insur- ance written by an insurance company that (1) is approved by the State of Texas, (2) is acceptable to the city, (3) is rated A- or better, with a financial stze of Class VI or higher, by A M Best or has an equivalent rating from another insurance rating service approved by the city, unless the insurance company is reinsured for the full insurance required un- der flus section by another insurance company that meets all of the rating re- qmremants of tlus paragraph and all other requirements of Paragraphs (1), (2), and (4) of this subsection and prowdes a right of direct action against the rexnsurer by any person entitled to clmmed insurance benefits against the primary insurance company in the event the primary insurance company does not pay any valid clmm, and (4) does not violate operational control prohibition described in Subsection 0) of this section (b) The Insurance must be issued in the standard form approved by the Texas De- partment of Insurance, and all provisions of the policy must be acceptable to the city The sured provmons of the policy must name the city and its officers and employees as ad&tmnal lnsureds, and the coverage provmons must prowde coverage for any loss or damage that may arise to any person or property by reason of the operation of a taxicab, hmouslne, or shuttle ser- vice by the holder (c) The automobile hablhty insurance must provide combined single limits of habfl- lty for bodily injury and property damage of not less than $500,000 for each occurrence, or the equivalent, for each motor vehicle used by the holder Aggregate limits of habfllty are protub- lted (d) If a vehicle is removed from service, the holder shall mmntaln the insurance cov- erage required by this section for the vehicle until the director receives satisfactory proof that all evidence of operation as a taxicab, limousine, or shuttle has been removed from the vehicle (e) Insurance required under thru section must ~nclude Denton City Code 26 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc (1) a cancellation provision m which the ~nsurance company is required to notify the director in wntlng not fewer than 30 days before canceling or making a material change to the insurance policy, (2) a provlslon to cover all vehicles, whether owned or not owned by the holder, op- erated under the holder's operating authority, and (3) a prowslon requiring the insurance company to pay every claim on a first-dollar bas~s (f) Insurance required by th~s section may be obtained from an assigned nsk pool if all of the pohmes and coverages are managed by one agent, and one certificate of insurance is issued to the mty (g) Operating authority will not be granted or renewed unless the applicant or holder furnishes the d~rector with such proof of insurance as the director considers necessary to deter- mine whether the apphcant or holder is adequately msumd under this section (h) If the insurance of a holder lapses or is canceled and new insurance is not ob- tained, the d~rector shall suspend the operating authority until the holder provides evidence that insurance coverage reqmred by this section has been obtained A person shall not operate a pas- senger transportation service while operating authority is suspended under this section whether or not the action ~s appealed A $100 fee must be paid before operating authority suspended un- der this section will be reinstated 0) No person with any direct or lnchrect ownership interest m the holder's taxicab, limousine, or shuttle serwce may have any operational control, direct or indirect, in any insur- ance company that provides insurance required by this section to the taxicab, hmouslne, or shut- tle service For purposes of this subsection, "operational control" means holding any manage- ment position with the insurance company 0ncludmg, but not limited to, the chief executive offi- cer, the president, any vice-president, or any person in a decision-making position with respect to insurance claims) or hawng the right to control the actions or demslons of any person ~n such a management position in the insurance company SEC 27-188 APPAREL TO BE WORN BY DRIVERS (a) Each holder shall have company dress standards for drivers employed by or con- tractmg with the holder These standards must be kept on file with the director and must include the following (1) A driver may not wear (A) cut-offs or shorts, Denton City Code 27 S \Our Documents\Ordinances\01 \Taxi OrdmanceDenton doc (B) apparel w~th offensive or suggestive language, (C) tank tops or halter tops, or (D) outer apparel made of fishnet or undergarment material (2) Shoes must be worn at all times ~n the manner for which they were designed A driver may not wear shoes or sandals w~thout socks or hosiery and may not wear beach or shower thongs (3) A driver and the driver's clothing must conform to bastc standards of hygiene and be neat, clean, and sanitary at all times (4) A driver's hair must be clean and neatly groomed Facial hmr must be neatly trimmed (b) While on duty, a driver shall wear the ~tem specified by the holder who employs or contracts with the driver and shall comply w~th such other ~dentfficat~on regulatmns pre- scribed by the holder's operating authority SEC 27-189 DRIVER'S DAILY MANIFEST. (a) Each holder shall provide ~ts drivers with forms, approved by the d~rector, for maintaining a daily manifest The form must include appropriate spaces for recording (1) vehmle number, driver's name, date, hours of operation, total miles, paid miles, umts, trips, extras, and ffthe vehicle is a taxicab, the meter number, (2) time, place, origin, and destmatlon, (3) number of passengers and amount of fare and other charges, and (4) other information required by the director to aid ~n the d~scharge of his duties (b) Each driver shall complete a manifest on a separate form for each tour of duty The driver shall prowde the information reqmmd by the form and shall record the ~nformatmn w~th regard to trips at the end of each trip The holder shall matntain the manifest forms and al- low the director to inspect the forms upon request The holder shall provide cop~es of the mam- fest forms to the director ~frequested SEC 27-190 HOLDER'S RECORDS AND REPORTS (a) Each holder shall maintain at a single locatmn business records of its taxtcab, hmousme, or shuttle service The method used ~n mmntammg the records must be approved by the d~rector, and the d~rector may require maintenance of certmn records whmh he determines are Denton C~ty Code 28 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc necessary for monltonng the act~vlties, operations, servme, and safety record of a holder A holder shall make 1ts records avmlable for inspection by the dtrector at reasonable t~mes upon request (b) Each holder shall submit to the director such annual and monthly reports concern- lng ~ts taxicab, limousine, or shuttle service as the d~rector determines necessary to evaluate the holder's operations A holder shall submit a monthly report of gross receipts in a form approved by the director SEC 27-191 TAXICABS MONTHLY SUMMARY OF METER READINGS (a) A holder, owner, or driver shall obtmn forms from the director for mamtmmng a monthly summary of meter readings for each taxicab operating under a holder's authority The form must include appropriate spaces for recording (1) taxxcab number, (2) driver's name, (3) date, (4) meter number, (5) total m~les, (6) prod m~les, (7) units, (8) trips, (9) extras, and (10) other information reqmred by the director (b)A holder, owner or driver of a taxicab shall provide all reformation required by the form A separate form must be completed for each taxicab A holder, owner, or driver shall return completed forms to the director once a month, or as otherwise reqmred by the director PART E SERVICE REGULATIONS SEC 27-192 CITY-WIDE TAXICAB SERVICE REQUIRED (a) Except as otherwise provided by the holder's operating anthonty, a holder shall Denton City Code 29 S \Our Documents\Ordinances\0 l\Tax~ OrdmanceDenton doc (1) provide taxtcab service to the general pubhc to and from any pmnt ~ns~de the c~ty that is accessible by pubhc street, except that thts proms~on does not reqmra a holder to subject a taxicab to mob vtolence or destruction, (2) answer each call recetved for service tnslde the ctty as soon as practicable, and tf the service cannot be rendered within a reasonable t~me, the holder shall ~nform the caller of the raason for the delay and the approxtmate ttme required to answer the call, and (3) mmntmn a s~ngle station for the purpose of recelwng calls and dlspatclung taxt- cabs that ~s operational 18 hours each day SEC 27-193 REPRESENTATION OF AVAILABILITY OF TAXICAB A driver may not represent that his taxmab ~s engaged when it ts ~n fact vacant or vacant when it is in fact engaged SEC 27-194 REFUSAL TO CONVEY PASSENGERS BY TAXICABS (a) While operating a taxicab a driver shall not refuse to convey a person who re- quests service unless (1) the person ~s disorderly, (2) the driver is engaged in answenng a previous request for service, (3) the driver has reason to beheve that the person ts engaged ~n unlawful conduct, or (4) the driver is tn fear ofh~s personal safety (b) While operattng a tax,cab, a driver shall not refuse service requested by a radio dispatch when the location for ptck up is wtth~n a reasonable dtstance from the locatton of the taxmab SEC 27-195. PASSENGER LIMITATIONS OF TAXICABS (a) Wh~le operating a taxicab a driver on duty may carry only a person who is a pay- mg passenger, unless the passenger ts an employee of the taxmab service that employs or con- tracts with the driver, a governmental inspector acttng ~n an official capactty, or unless ~t is au- thorized by the holder's operatmg authority (b) A driver may not carry at the same time more passengers than the destgned seat- lng capacity of the taxmab Denton Ctty Code 30 S \Our Documents\Ordmances\01\Tam OrdmanceDenton doc (C) The director may estabhsh rules govermng passenger hmltatlons, as illustrated by, but not limited to, cab-shanng, cab-pooling, and numbers of passengers w~th &fferent destina- tions SEC 27-196 CARRY PASSENGERS BY DIRECT ROUTE A dr\vet shall carry a passenger to h~s destination by the most d~rect and expeditious route available unless otherwise d~rected by the passenger SEC 2'7-197. SOLICITATION OF PASSENGERS BY TAXICABS. A driver may not solicit passengers (1) from a location other than the driver's compartment or the ~mmedlate mclmty of the driver's taxicab, (2) in a way that annoys or obstructs the movement of a person, (3) by paying an employee of another business to sollclt passengers for or gave pref- erentlal treatment m dlmctlng passengers to the driver's taxicab, or (4) without using a taxicab stand at a location where a taxicab stand exists SEC 27-198. REGULATIONS FOR USE OF TAXICAB STANDS (a) Wlule using a taxicab stand, a dnver shall not go beyond 25 feet of his taxicab except to assmt a passenger as reasonably neces- sary after bemg engaged, (2) interfere w~th the orderly progression of taxicabs from the rear to the front of the taxicab stand, (3) perform or allow to be performed repairs or maintenance on a taxmab while parked on the taxmab stand, (4) assign or sell h~s position m a taxmab stand to another, or (5) interfere w~th a taxicab entenng a tamcab stand on whmh them ~s a vacant space (b) A person shall not park a taxicab on a taxicab stand unless the taxmab is for htre (c) A taxicab left unattended in a taxmab stand ~s Illegally parked and may be re- moved from the taxicab stand and impounded as prowded in Chapter 18 ofth~s code Denton City Code 31 S \Our Doctunents\Ordlnances\Ol\Taxt OrdlnanceDenton doc SEC 27-199. CONDUCT OF DRIVERS. A driver shall (1) act ~n a reasonable, prudent, and courteous manner, (2) maintain a sanitary and well-groomed appearance in comphance w~th Section 27- 188(a) of this chapter, (3) not respond to a radio d~spatch call assigned to another driver, (4) not consume an alcohohc beverage, drug, or other substance that could adversely affect the driver's ability to drive a motor vehicle, (5) not monitor the radm frequency of a taxicab, hmousme, or shuttle company other than the driver's own nor respond to a call for service dmpatched to another tax~- cab, lmaousme, or shuttle, (6) not possess a radm capable of rece~wng the frequency of a taxicab, hmouslnc, or shuttle company, other than the driver's own, (7) not interfere w~th the d~rector m the performance of the d~rector's duties, and (8) comply with lawful orders of the d~rector issued m the performance &ins duties SEC. 27-200. RETURN OF PASSENGER'S PROPERTY (a) Upon finding property m a taxmab, hmousme, or shuttle, left by a passenger, the driver shall ~mmedlately return the property to the owner However, ~fthe driver ~s unable to lo- cate the owner or if the driver does not know the tdentlty or whereabouts of the owner, the driver shall, w~th~n a reasonable time, dehver the property to the holder who employs or contracts w~th the driver (b) Upon return of property to the owner or dehvery of property to the holder, the driver shall prepare a written report stating the description of the property, the ~dentlty of the owner ff known, the date the property was left in the taxicab, hmousme, or shuttle, the circum- stances relating to the loss, and the taxicab, hmouslne, or shuttle number The holder shall keep the report on file for at least one year and shall hold the property for not less than three months SEC 27-201. ESTABLISHMENT OF TAXICAB STANDS (a) Subject to the approval of the d~rector, the traffic engineer may estabhsh taxicab stands of such character, number, and location as he determines are reqmred by the pubhc con- vemence and necessity Denton C~ty Code 32 S \Our Documents\Ord~nances\Ol\Tax~ OrdlnanceDenton doc (b) A holder desmng the establishment of a taxicab stand must file a written request with the director and the traffic engineer SEC 27-202. SERVICE REGULATIONS FOR BUSINESS ESTABLISHMENTS REQUESTING TAXICABS FOR CUSTOMERS An employee of a business estabhshment, other than a taxicab service, who acts as an agent in obtaining taxicab service for prospective taxicab passengers shall not (1) sohclt nor accept payment from a driver in return for giving preferential treatment in directing passengers to a driver's taxicab, or (2) interfere with the orderly progression of taxicabs from the rear to the front of a taxicab stand PART F TAXICAB FARES SEC 27-203 RATES OF TAXICAB FARES. (a) A holder of a taxmab permit may charge only rates of fare which have been proved by the city council A holder of a taxicab permit may propose a change in its rates of fare by filing the proposal with the city secretary and the (hrector for consideration by the city coun- cfi (b) The city council shall hold a heanng to consider the proposed change in rates of fare After the heanng the c~ty council may approve, disapprove, or modify the proposed change (c) The city secretary shall malntmn on file a current schedule of the rates of fare charged by each holder of taxicab permits (d) A driver shall not charge a fare for operating a taxicab in the city that is inconsis- tent w~th the rates on file w~th the city secretary for the holder under whose operating authority the taxicab is operated SEC 27-204 DISPLAY OF RATE CARD BY TAXICABS (a) A holder shall provide the driver for each taxicab operating under its authority, a pnnted card or sticker contmmng the approved rates of fare of the holder The form and content of the card or sticker are subJeCt to regulation by the director (b) While operating a taxicab for hire, a driver shall, in a manner approved by the di- rector, prominently dmplay two rate cards or stickers inside the taxicab and two rate cards or stickers outside the taxicab so that they can be easily read by passengers Denton City Code 33 S \Our Docttments\Ordmances\Ol\Tax~ OrdmanceDenton doc SEC 27-205 COMPUTATION OF FARES FOR TAXICABS Unless a holder's approved rates of fare or operating authority provide otherwise, a holder shall equip each taxtcab with a taximeter, and a driver shall charge only a fee as computed by the taximeter However, a holder may authorize a driver to make a flat rate charge for a trip to a destination whtch ~s not covered m the holder's approved rates of fare, if the taximeter is kept m operation while the taxicab has a passenger within the scope of the area designated m the ap- proved rates of fare SEC 27-206 DESIGN AND TESTING OF TAXIMETERS, FEES (a) A taximeter must accurately register in legible figures total miles, prod miles, number of fare units, number of trips, extras, and total fare for a trip Figures denotmg the fare must be flluramated when the meter ~s activated (b) A tax~meter must be mounted ~n a conspicuous location in the taxmab in a manner approved by the director A taximeter must be eqmpped to ~ndmate whether the taxicab ~s en- gaged or vacant (c) If the taximeter employs a flag, the flag must project at least four inches above the dashboard when m the non-earning position (d) The taximeter or ~ts drive system must be sealed at all points at which compo- nents, if mampulated, could affect the function or accuracy of the taximeter (e) The demgn of a taximeter is subJeCt to approval by the director to assure that it complies with this section (f) A holder shall cause each taximeter in taxicabs operating under its authonty to be mmntmned m good operatmg condition and to be tested and sealed at least once each year ~n ac- cordance with state and c~ty weights and measures laws The director may establish a schedule of regular testmg days and times for purposes of thru section (g) The owner of the taxicab shall be responsible for paying the taximeter testing fee (h) A person commits an offense ~f he operates a taxicab that is (1) not equipped w~th a tax~meter, or (2) eqmpped with a taximeter that (A) does not have a current decal and lead seal authorized by the director, (B) has been tampered with or altered, or Denton C~ty Code 34 S \Our Documents\Ordmances\01\Tam Ord~nanceDenton doc (C) incorrectly registers or computes taxicab fares because of alterations to the tax~cab odometer, including, but not hm~ted to, changes ~n the gears, tires, or wheels of the taxicab 0) The following persons shall be responsible and subject to the penalty for a wola- tlon of Subsectmn (h) (1) The driver of the taxmab (2) The owner of the taxicab (3) The holder under whose authority the taxicab ~s being operated (1) Proof of tax,cab ownership for purposes of this section may be made by a copy of the registration of the vehicle with the State of Texas showing the name of the person to whom the state license plates for the vehicle were ~ssued The person in whose name the vehicle ~s reg- istered shall be prima facle the owner of the vehicle If the vehicle ~s not currently registered, the person in whose name the vehicle was last registered shall be prima facle the owner of the vehi- cle SEC. 2?-207. TAXICAB FARE COLLECTION PROCEDURES (a) Before changing the taximeter to indicate that the taxicab is vacant, a driver shall call the attentmn of the passenger to the amount of fare registered on the tax~meter (b) Upon request by a person paying a fare, a driver shall give the person a legible receipt showing (1) the name of the holder under whose authority the taxicab ~s operated, (2) the taxmab number, (3) an ~temlzed list of charges, (4) the total amount of fare prod, (5) the date of payment, and (6) the driver's signature (c) A holder shall provide each driver operating a taxicab under ~ts authority with pnnted receipt forms adequate for promd~ng the mformatmn reqmred in Subsectmn (b) Denton City Code 35 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton doc PART G VEHICLES AND EQUIPMENT SEC 27-208. FALSE REPRESENTATION AS TAXICAB (a) A person may not represent that a vehicle is a taxicab if the vehicle is not in fact a taxicab anthonzed by operating authority granted under this chapter (b) A person may not drive a vehicle in the city that is not a taxicab if the vehicle is marked, pmnted, or eqmpped in a way that IS hkely to result in mistaking the velucle for a taxi- cab SEC. 274209. VEHICLE REQUIREMENTS AND INSPECTIONS (a) The director may by regulation estabhsh requirements for size, condition, and ac- cessories of taxicabs used by a taxicab, limousine, or shuttle holder, owner, or driver (b) The director shall inspect each taxicab, limousine, or shuttle for compliance with this chapter and regulations of the director, before it is placed in service, twice a year for regular Inspections, and once dtmng the year for a random inspection (c) A holder, owner, or driver shall make a taxicab, limousine, or shuttle avmlable for inspection when ordered by the director If, upon inspection, the director determines that a taxi- cab, limousine, or shuttle is not in compliance with tins chapter or regulations of the director, the director shall order the taxicab, limousine, or shuttle to be brought into comphance within a rea- sonable period of time and require it to be reinspected The owner shall pay to the director $10 for each ,remspectIon of a taxicab, hmousine, or shuttle that is reqmred before it is brought into compllaI~ce (d) If a holder, owner, or dnver fails to make a taxicab, limousine, or shuttle available for inspection or if the chrector determines that a taxicab, limousine, or shuttle is not in comph- ance with tlus chapter or regulations of the director, the director may order the taxicab, hmou- sine, or shuttle removed from service until it is made available for inspection and brought into comphance (e) If the director detenmnes that inspection of the mechanical condition or safety equipment of a taxicab by an expert mechanic or techmeian is necessary, the holder, owner, or driver shall pay the cost of the inspection (f) When a taxicab, limousine, or shuttle is removed from service and placed back in service within 15 days by the same owner, the owner shall pay to the director $60 for reinspec- tlon (g) Before any taxicab, limousine, or shuttle will be approved for service, the director shall be,provided with a copy of the registration for the vehicle with the State of Texas, or a bill Denton C~ty Code 36 S \Our Documents\Ordlnances\01\Taxl Ord~nanceDenton doc of sale if the vehicle is new and has not yet been regastered, showing the name of the lndavadual or holder owning the vehicle The owner shown on the reglstrataon or bill of sale provided to the director shall notify the director of any change an ownership of the taxmab, hmousme, or shuttle wath, n 10 business days SEC 27-210. TAXICAB AGE LIMITS (a) A holder, owner, or driver commits an offense if he operates any vehicle as a taxmab in the city that is older than (1) 72 months (6 years) of age for a vehicle not eqmpped to use only alternative fuel, or (2) 108 months (9 years) of age for a vehacle equipped to use only alternative fuel, ~f the equipment was on the vehacle when the vehicle was purchased new or added to the vehicle within 30 days after the vehicle was purchased new (b) For purposes of this section, vehacle age, for a vehicle purchased used, will be calculated from January 1 of the model year of the vehicle If the velucle is purchased new, age w~ll be calculated from the date of purchase and the holder, owner, or driver shall present to the director (1) a eertffied copy of the vehmle's title stanng the date of purchase and an odometer reading of no more than 1,000 miles at the time of purchase, and (2) a manufacturer's certfficate, as defined m Chapter 501 of the Texas Transporta- tion Code, certifying that the vehicle has not been previously titled and has not been previously subJeCt to retml sale SEC 27-211 REQUIRED EQUIPMENT FOR TAXICABS (a) Unless otherwise specffied m the operating authority under whmh a tax,cab as op- erated or by regulatmn of the darector, and in addltmn to other eqmpment reqmred by this chap- ter, a holder, owner, or driver shall prowde and maintain an good operating condatlon the follow- ang equipment for each taxmab, limousine, or shuttle (I) seat belts for each passenger, the number of which as determined by the designed seating capacity of the taxicab, (2) heater and mr cond~taoner, (3) ehemacal-type fire extlngmsher, of at least one quart capacity, conveniently lo- cated an the same compartment of the taxacab as the driver so that it as readily ac- cessable for lmmedmte use, Denton City Code 37 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc (4) eqmpment to indicate when a taxmab ~s operating for h~re and when it is not for hire, (5) top hght, (6) two-way radio on the holder's dispatch frequency, (7) map of the c~ty, (8) decal complying wtth Section 27-215 ofth~s article, (9) taxmab display receptacle, (10) rates of fare cards or strokers, and ( 11 ) taximeter (b) No equipment hsted in Subsectmn (a)(4), (5), (6), (9), (10), and (11) may be placed on a vehicle to be operated as a taxicab unless the equipment ~s owned by the holder (c) A taxmab m operatmn on the date th~s ordinance ~s adopted whmh ~s not eqmpped with safety belts or the required number of safety belts, ~s not reqmred to comply w~th Subsec- tmn (a)(1) SEC 27-212. TAXICAB COLOR SCHEME AND DISTINCTIVE MARKINGS (a) A holder shall develop the design of a color scheme and distinctive markings for taxicabs operating under ~ts anthonty, and shall submit the design to the director for approval to Insure that the design ~s readily dlst~ngmshable from the design used by other holders (b) After a design ~s approved by the director, the holder shall submit to the director a color photograph of a completely equipped taxicab using the approved design (c) The holder shall use only the approved design, as depmted ~n the submitted pho- tograph, for taxicabs operated under ~ts authority unless written approval of a change ~s obtmned from the director SEC 27-213 REQUIRED TAXICAB IDENTIFICATION A holder shall cause each taxmab operating under ~ts authority to be prowded with the following umform vehmle ~dentlficat~on (1) the name of the holder's company pnnted ~n letters not less than three inches h~gh with one-half tach stroke, and Denton C~ty Code 3 8 S \Our Documents\Orchnances\01\Taxl Ord~nanceDenton doc (2) the taxmab number assigned to each vehicle by the director in numbers and letters not less than three inches high with one-half inch stroke and so that at is clearly visible from the front, rear, and both sides of the taxicab SEC 27- 214. TAXICAB DISPLAY RECEPTACLE (a) Every taxicab must have a display receptacle approved by the director securely affixed to a conspicuous place on the dashboard A dasplay receptacle shall be at least 6-1/4 inches by 10 inches in area, constructed of a ng~d material, and designed to accommodate the following anformatlon in accordance with the required damensions (1) At least a two-inch by two-tach colored passport-quahty photograph of the driver, wath the driver's name as it appears on the driver's Texas driver's license and the taxicab driver's license number placed under the photograph in block letters and numbers not less than three-saxteanths inch hagh with at least a one-sixteenths inch stroke, must be lamtnated as a single unit not less than 2-1/4 Inches by 3-1/2 inches (2) The company name m block letters not less than one-half inch tugh with at least a one-eighth inch stroke, w~th the taxicab number placed under it m block numbers and letters not less than three-fourths inch high wath at least a three-sixteenths anch stroke, must be laminated as a sangle umt not less than three anches by 2-1/2 mches (3) Taxi rates m block numbers at least rune-sixteenths inch hagh with at least a three- sixteenths aneh stroke and in block letters at least one-eighth anch high w~th at least a 1/32 inch stroke must be laminated as a single unit not less than 6-1/2 by SlX Inches (b) A holder, owner, or driver of a taxicab commats an offense if he operates or al- lows operation ora taxicab that is eqmpped wath (1) no required display receptacle, (2) a display receptacle that does not contain required information, or (3) a display receptacle that contains lnsuffiment or incorrect information SEC 27-215 TAXICAB DECALS. (a) The holder, owner, or driver of a taxicab shall obtain a decal, indicating the taxa~ cab's authority to operate, from the director each month, or other period to be determined by the director A decal must be attached to the lower right comer of the front windshield of the tax~cab in a manner approved by the d~rector Denton City Code 39 S \Our Documents\Ordmances\01\Tax~ OrdlnanceDenton doc (b) A person commits an offense af he (1) operates a taxicab wath an expared decal or with no decal affixed to at, (2) attaches a decal to a vehicle not authorized to operate as a taxicab, (3) forges, alters, or counterfeits a taxicab decal reqmred by this sectaon, (4) possesses a forged, altered, or eounterfeated taxacab decal requared by this section, or (5) dasplays more than one taxacab decal issued by the caty on a vehacle at the same time (c) A taxicab decal assigned to one person as not transferable to another without con- sent of the director SEC 27- 216 NOT-FOR-HIRE STATUS OF TAXICABS (a) Each taxicab is presumed to be on duty and ready to serve the general public for hire If a driver as not for hire and does not intend to provade taxacab service, the driver shall comply with the following requirements (1) The driver shall place a sign, to be provaded by thc holder, in thc taxicab ~ndlcat- lng the words "NOT FOR HIRE" pnnted in letters not less than tkree inches an height wath a stroke of not less than 3/8 tach Thc letters shall be on a backing of sufficient thickness to not easily bend (2) When a dnver is not for h~re, the driver shall dasplay the sign an an upright posl- t~on an the front window on the right side of the taxacab so as to be easily seen and read fi'om outsade of the taxacab (b) A driver who as not for hire shall not park or stand a taxacab on a taxacab stand or on a public street or public property wathln 500 feet of a taxicab stand unless at as parked at a me- tered parking space SEC 27-217. REMOVAL OF EQUIPMENT FROM TAXICABS (a) Whenever a vehicle as removed from servace or is no longer anthonzed to operate as a taxicab, the holder, owner, or driver shall remove from the vehacle all taxacab signs, markings, and equipment that would dlstmgmsh the vehacle as a tax~cab, mcludang, but not hmated to, ra- thos, top lights, meters, and decals (b) A holder, owner, or driver of a taxicab shall not sell or transfer to a dnver any ra- dao, top light, meter, or other equipment that would dastmgmsh a vehicle as a taxacab Denton City Code 40 S \Our Documents\Ord~nances\Ol\Taxl OrdmanceDenton doc PART H ENFORCEMENT SEC. 27-218 AUTHORITY TO INSPECT The director may respect a taxicab, hmouslne, or shuttle service operating under this chapter to determine whether the service complies with this chapter, regulations established un- der this chapter, or other applicable law SEC 27-219 REMOVAL OF EVIDENCE OF AUTHORIZATION Whenever a holder's operating authority or a taxicab, limousine, or shuttle driver's h- cense is suspended, revoked, or demed or whenever a vehicle fails to pass inspection as a taxi- cab, limousine, or shuttle, the director may remove or require the surrender of all evidence of authorization as a holder, taxicab, limousine, or shuttle driver, or taxicab, limousine, or shuttle, including, but not limited to, removal or surrender of operating authority, licenses, decals, signs, insignia, radios, top lights, and meters if applicable SEC 27-220 ENFORCEMENT BY POLICE DEPARTMENT Officers of the pohce department shall assist in the enforcement of this chapter A police officer upon observing a violation of this chapter or the regulations established by the director, shall take necessary enforcement action to ~nsure effective regulations of taxicab, limousine, or shuttle service SEC 27-221 CORRECTION ORDER (a) If the director determines that a holder violates this code, terms of its operating authority, a regulation established by the director, or other law, the director may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time In setting the time for correction the director shall consider the degree of danger to the public health or safety and the nature of the violation If the violation involves equipment that is unsafe or functlomng improperly, the director shall order the holder to imme- diately cease use of the equipment (b) If the director determines that a wolatlon constitutes an imminent and serious threat to the public health or safety, the d~rector shall order the holder to correct the violation immediately, and, if the holder fails to comply, the director shall promptly take or cause to be taken such action as he considers necessary to enforce the order ~mmedlately (c) The director shall include in a notice issued under this section an identification of the violation, the date of issuance of the notice and the time period within which the violation must be corrected, a warning that failure to comply w~th the order may result in suspension or Denton City Code 41 S \Our Documents\Ordinances\0 l\Tax~ OrdmanceDenton doc revocation of operating authority or lmposltaon of a fine or both, and a statement lndmatlng that the order may be appealed to the city manager SEC 27-222. SERVICE OF NOTICE (a) A holder shall designate and mamtmn a representative to receive service of notice required under this chapter to be given a holder and to serve notice required under thxs chapter to be given a driver employed by a holder (b) Notice required under flus chapter to be given (1) a holder must be personally served by the director on the holder or the holder's desxgnated representatxve, or (2) a driver hcensed by the city under Part C, must be personally served or sent by certified United States Marl, five day return recexpt requested, to the address, last known to the dxrector, of the person to be notffied, or to the designated represen- tat~ve for drivers (c) Notice required under this chapter to be given a person other than a driver h- censed under Part C or a holder may be served in the manner prescribed by Subsection (b)(2) (d) Servme executed in accordance with thts section constitutes notme to the person to whom the notice is addressed The date of service for notice that is mailed is the date received (e) This section does not apply to notice served under Section 27-179(a) SEC 27-223. APPEAL (a) A holder may appeal a correctmn order issued under Section 27-22I or any other action of the director if an appeal Is requested in wntxng not more than 10 days after notice of the order or action is received (b) The city manager or his designated representative shall act as the appeal heanng officer in an appeal heanng under flus sectxon The heanng officer shall give the appeahng party an opportumty to present evidence and make argument in his behalf The formal rules of evi- dence do not apply to an appeal heanng under this section, and the heanng officer shall make his ruling on the basxs ora preponderance of evidence presented at the heanng (c) The heanng officer may affirm, modify, or reverse all or a part of the order of the director The demsxon of the heanng officer is final Denton City Code 42 S \Our DocumentsXOrdmances\01\Tax~ OrdmanceDenton doc SEC 27-224. CRIMINAL OFFENSES. (a) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to him A culpable mental state is not required for the commlssmn of an offense under this chapter unless the provision detimng the conduct expressly requires a culpable mental state A separate offense is committed each day In which an offense occurs An offense committed under this chapter is punishable by a fine of not more than $500 (b) Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to thc person charged with or the conduct in- volved m the offense SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word m this ordinance, or applmatlon thereof to any person or c~rcumstances is held lnvahd by any court of competent junsdmtmn, such holding shall not affect the vahdlty of the remaining portmns of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any mvahdlty SECTION 4 Save and except as amended hereby, all the provisions, sectmns, subsec- tions, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect SECTION 5 This orchnanee shall become effective fourteen (14) days fi.om the date of ~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the captmn of this ordinance to be published twine in the Denton Record-Chronicle, the officml newspaper of the C~ty of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED tlus thc day of ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Denton C~tyCode 43 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 27 RE- LATING TO VEHICLES FOR HIRE BY DELETING ARTICLE III TITLED TAXICABS IN ITS ENTIRETY, CREATiNG ARTICLE VI TITLED TAXICABS, LIMOUSINES, AND SHUTTLES, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROVID- ING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That Chapter 27 "Vehicles for Hire" of the Code of Ordinances of Denton, Texas ~s hereby amended by deleting Article III of Chapter 27 t~tled "Tax,cabs" SECTION 2 That Chapter 27 "Vehmles for Hire" of the Code of Ordinances of Denton, Texas is hereby amended by creating Artmle VI of Chapter 27 t~tled "Taxmabs, Limousines, and Shuttles" to read as follows Chapter 27 ARTICLE VI TAXICABS, LIMOUSINES, AND SHUTTLES PART A GENERAL PROVISIONS Sec 27-151 Statement ofpohcy Sec 27-152 General authority and duty olD,rector Sec 27-153 Exclusions Sec 27-154 Defimt~ons PART B OPERATING AUTHORITY Sec 27-155 Operating authority required Sec 27-156 Transferability of operating authonty Sec 27-157 Annual permit required, service reqmrements Sec 27-158 Quahfication for operating authority Sec 27-159 Apphcat~on for annual permit Sec 27-160 Annual permit -Investigation of apphcauon and approval Sec 27-161 Temporary permit, apphcatlon, purposes Sec 27-162 Reciprocal agreement Sec 27-163 Grantofpermlt Sec 27-164 Renewal ofarmual permit Denton C~ty Code 1 S \Our Documents\Ordinances\0 l\Tax~ OrdmanceDenton doc Sec 27-165 Amendment, suspension, and revocation of operating authority Sec 27-166 Permit fees Sec 27-167 Number oftax~cabs authonzed Sec 27-168 Special prowslons of operating authority PART C TAXICAB, LIMOUSINE, AND SHUTTLE DRIVER'S LICENSE Sec 27-169 Taxicab, hmous~ne, or shuttle driver's license reqmred Sec 27-170 Quahficatlon for taxicab, hmouslne, or shuttle driver's license Sec 27-171 Apphcatlon, fee Sec 27-172 Investigation of application Sec 27-173 Issuance and denial Sec 27-174 Expiration of taxicab, hmous~ne, or shuttle driver's hcense, vo~dance upon sus- pension or revocation of state driver's hcense Sec 27-175 Provisional hcense Sec 27-176 Probationary hcense Sec 27-177 Duplicate license Sec 27-178 D~splay ofhcense Sec 27-179 Suspension by designated representative Sec 27-180 Suspension and revocation Sec 27-181 Appeal Sec 27-182 Falsifying of a hcense Sec 27-183 Current mmlmg address ofhcensee PART D MISCELLANEOUS HOLDER AND DRIVER REGULATIONS Sec 27-184 Holder's and driver's duty to comply Sec 27-185 Holder's duty to enforce comphance by Drivers Sec 27-186 Driver as ~ndependent contractor Sec 27-187 Insurance Sec 27-188 Apparel to be worn by drivers Sec 27-189 Driver's dtuly manifest Sec 27-190 Holder's records and reports Sec 27-191 Tax,cab monthly summary of meter readings PART E SERVICE REGULATIONS Sec 27-192 C~ty-w~de taxicab service required Sec 27-193 Representation of avmlabdlty of taxmab Sec 27-194 Refusal to convey passengers by taxtcabs Sec 27-195 Passenger hm~tat~ons oftaxmabs Sec 27-196 Carry passengers by direct route Denton City Code 2 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc Sec 27-197 Sohcltatlonofpassengersbytax~cabs Sec 27-198 Regulations for use oftaxmab stands Sec 27-199 Conduct ofdrtvers Sec 27-200 Return of passenger's property Sec 27-201 Estabhshment oftaxmab stands Sec 27-202 Service regulations for bus~ness establishments requesting tax~cabs for customers PART F TAXICAB FARES Sec 27-203 Rates oftaxmab fares Sec 27-204 D~splay of rate card by taxmabs Sec 27-205 Computation of fares for taxmabs Sec 27-206 Design and testing of taximeters, fees Sec 27-207 Tax~cab fare collection procedures PART G VEHICLES AND EQUIPMENT Sec 27-208 False representation as tax~cab Sec 27-209 Vetucle requirements and ~nspect~ons Sec 27-210 Tax,cab age hm~ts Sec 27-211 Reqmred eqmpment for taxicabs Sec 27-212 Taxmab color scheme and d~stmct~ve markings Sec 27-213 Reqmred taxicab ~dentfficat~on Sec 27-2~4 Tax~cab ~hsplay receptacle Sec 27-215 Taxicab decals Sec 27-216 Not-for-h~re status of taxicabs Sec 27-217 Removal ofequlpmant from taxmabs PART H ENFORCEMENT Sec 27-218 Authority to inspect Sec 27-219 Removal of ewdence of authorization Sec 27-220 Enforcement by pohce department Sec 27-221 Correction order Sec 27-222 Service ofnotme Sec 27-223 Appeal Sec 27-224 Criminal offenses Denton C~tyCode 3 S \Our Documents\Ordinances\01 \Taxi Ord~nanceDenton doc PART A GENERAL PROVISIONS SEC 27-151. STATEMENT OF POLICY It is the pohcy of the C~ty of Denton to prowde for and to promote adequate and efficient tax~cab, limousine, and shuttle service m the c~ty To this end, th~s chapter prowdes for the regu- lation of taxicab, limousine, and shuttle rates and services, to be camed out m a manner that pro- tects the public health and safety, promotes the pubhc convenience and necessity, and respects the concept of free enterprise SEC 27-152 GENERAL AUTHORITY AND DUTY OF DIRECTOR The director shall ~mplement and enforce this chapter as he determines necessary to d~s- charge his duty under, or to effect the policy &this chapter SEC 27-153. EXCLUSIONS. Tlus chapter does not apply to (1) the transportatmn of a person by taxicab, limousine, or shuttle hcensed by another governmental entity from a point outside the c~ty to a destmatmn ~nslde the city, ~f the taxicab, hmousme, or shuttle leaves the city without rece~mng a passenger ~n- side the city, (2) a taxmab, hmouslne, or shuttle service operated under state or federal authority unless the service is subject to the city's regulatory authority, or (3) a motor vehicle used to transport persons for h~re that ~s regulated by other city ordinance SEC 2%154 DEFINITIONS. The defimtlon of a term m this section apphes to each grammatmal variation of the term In th~s chapter, unless the context requires a different defimtton (1) ALTERNATIVE FUEL means natural gas, hquefied petroleum gas, electricity, methanol or methanol/gasohne blends of 85 percent or greater, or ethanol or etha- nol/gasohne blends of 85 percent or greater (2) ANNUAL PERMIT means perm~ssmn granted by the city to a person to operate a tax,cab, hmous~ne, or shuttle servme ~nslde the city for a period of one year, re- newable under the prowslons ofth~s chapter Denton C~ty Code 4 S \Our Documents\Ordmances\Ol\Tam OrdmanceDenton doc (3) CONVICTION means a conviction m a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned (4) DEPARTMENT means the department designated by the city manager to enforce and admlmster this chapter (5) DIRECTOR means the director of the department designated by the city manager to enforce and adrmmster this chapter and includes representatives, agents, or de- partment employees designated by the director (6) DISPATCHING FACILITY means a fixed facility (A) at wi,ach requests for taxicab, limousine, or shuttle service are received, (B) from wtuch dnvers are notified, by radio or any other electronic commu- rotation system, of requests for taxicab, limousine, or shuttle service, and (C) to which drivers communicate, by radio or any other electronic commum- cataon system, their avmlabthty to provide the requested taxicab, hmom sine, or shuttle service Except when being operated from the permanent and established place of business reqmred under Section 27-159 of this chapter, the term does not include any facil- Ity from which the primary admlmstratlve operations of the taxicab, limousine, or shuttle service are conducted or at which taxicabs are parked, stored, repaired, or maintained (7) DRIVER means an lndlvldual who drives or operates a taxicab, hmoumne, or shuttle (8) HOLDER means a person who is granted an annual permit under this chapter If the context m which the term is used applies to operations under a temporary permit or reciprocal agreement the term "holder" includes a person who is granted a temporary permit or reciprocal agreement (9) LEGAL RESIDENT means a citizen of the United States or a person residing in the United States in accordance with federal ~mmlgratlon laws (10) LIMOUSINE means a motor vehicle that is a luxury sedan with a manufacturer's rated seating capacity of not more than 15 passengers that is used for the transpor- tation of persons from a location m the city to another location either inside or outstde the city (11) OPERATE means to dnve or to be in control of a taxicab, limousine, or shuttle Denton City Code 5 S \Our Documents\Ordmances\01\Tam Ord~nanceDenton doc (12) OPERATING AUTHORITY means an annual penmt, temporary permit, or rectp- rocal agreement granted under this chapter (13) OPERATOR means the driver of a taxicab, hmouslne, or shuttle, the owner of a taxicab, limousine, or shuttle, or the holder of a taxicab, limousine, and shuttle operating authority (14) OWNER means the person to whom state hcense plates for a vehmle were issued (15) PERSON means an mdlvldual, corporation, government or governmental subdivi- sion, or agency, trust, parmershap, or two or more persons having a joint or eom- mort economic interest (16) RECIPROCAL AGREEMENT means an agreement between the city and one or more political subchvlslons to provide reciprocal operation of taxicabs, hmou- sines, or shuttles (17) SHUTTLE means a van-type motor vehicle that has a manufacturer's rated seat- lng capacity of not less than seven passengers and not more than fifteen passen- gers and is used for the transportation of persons from a location in the city to an- other location either inside or outside the city (18) TAXICAB means a chauffeured motor vehicle with a rated passenger capacity of eight or less, used to transport persons for hire that typically operates on irregular routes, irregular schedules, and a call and demand basis, but not including hmou- smes or special sermce vehicles (19) TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE means a hcense issued to an lndlvadual by the director anthonzlng that person to operate a taxicab, hmousme, or shuttle in the city (20) TAXICAB, LIMOUSINE, OR SHUTTLE SERVICE means a passenger transpor- tation service operated for hare that uses taxicabs, hmoumnes, or shuttles in the operation of the service and includes (but is not limited to) a facility from which the service as operated, taxicabs, limousines, or shuttles used in the operation, and a person who owns, controls, or operates the service (21) TAXICAB STAND means a pubhc place reserved exclusavely for use by taxi- cabs (22) TAXIMETER means a device that mechanically or electronically computes a fare based upon the distance traveled, the time the taxicab is engaged, and any other basis for charges which are specffied in the operating authority or rate ordinance pertmmng to the holder Denton City Code 6 S \Our Documents\Ord~nancesk01\Tam OrdmanceDenton doc (23) TEMPORARY PERMIT means permission granted by the city to a person to op- erate a taxmab, hmousme, or shuttle service inside the city for a specffied period of time less than one year PART B OPERATING AUTHORITY SEC 27-155. OPERATING AUTHORITY REQUIRED (a) A person may not operate a taxicab, limousine, or shuttle service inside the city without operating anthonty granted under th~s chapter, nor may a person transport a passenger for hire reside the city by taxicab, limousine, or shuttle unless the person driving the taxmab, limousine, or shuttle or another who employs or contracts with the driver has been granted oper- ating authority under this chapter (b) A person shall not engage or hire a taxicab, limousine, or shuttle which he knows does not have operating authority from the city SEC 27-156. TRANSFERABILITY OF OPERATING AUTHORITY (a) An annual permit may not be transferred to another unless the holder files a writ- ten application for the transfer in the manner and containing the information prescribed by the d~rector, and the transfer application is approved by the director (b) A temporary permit or reciprocal agreement ~s not transferable SEC 27-157 ANNUAL PERMIT REQUIRED, SERVICE REQUIREMENTS (a) Before an annual permit is granted, the application for the annual permit must be approved by the director The granting of an annual permit is m the discretion of the d~rector, but wall not be granted unless (1) the proposed taxicab, hmousme, or shuttle service ~s required by the public con- vemence and necessity, and (2) the applicant qualifies for operating authority under Section 27-158 of this chapter and is otherwise fit, willing, and able to operate the taxicab, hmous~ne, or shuttle service in accordance with the requirements of this chapter, roles and regulations of the director, provisions of the annual permit, and other applicable law (b) The holder of an annual taxicab permit must provide taxicab service as specified in the permit with a minimum of 3 taxicabs Denton City Code 7 S \Our Documents\Ordmances\O l\Taxt Ord~nanceDenton doc SEC 2%158 QUALIFICATION FOR OPERATING AUTHORITY (a) To qualify for operating authonty, an apphcant must (1) be at least 19 years of age, (2) be currently authorized to work full-ttme m the Umted States, (3) be able to commumcate ~n the Enghsh language, and (4) not have been convicted or placed on probatmn or deferred adjudication for a crime (A) mvolwng 0) criminal homicide as described in Chapter 19 of the Texas Penal Code, (n) k~dnappmg as described ~n Chapter 20 of the Texas Penal Code, (m) a sexual offense as described m Chapter 21 of the Texas Penal Code, 0v) an assaultive offense as described m Chapter 22 of the Texas Penal Code, other than a Class C m~sdemeanor, (v) robbery as described m Chapter 29 of the Texas Penal Code, (w) burglary as described ~n Chapter 30 of the Texas Penal Code, (w0 theft as described m Chapter 31 of the Texas Penal Code, but only ffthe wolat~on ~s pumshable as a felony, (wn) fraud as described m Chapter 32 of the Texas Penal Code, 0x) tampenng w~th a governmental record as described m Chapter 37 of the Texas Penal Code, (x) pubhe Indecency (prostitution or obscemty) as descnbed m Chap- ter 43 of the Texas Penal Code, (x~) the transfer, carrying, or possession of a weapon m wolat~on of Chapter 46 of the Texas Penal Code, but only ~f the wolat~on ~s pumshable as a felony, Denton Ctty Code 8 S \Our Doctlments\Ordlnances\O 1 \Tax~ OrdmanceDenton doc (xn) a violation of Chapter 483, Dangerous Drugs, of the Texas Health and Safety Code that is punishable as a felony, (xm) a violation of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that is punishable as a felony, or (xlv) criminal attempt to commit any of the offenses listed in Subdivi- sion (4)(A)(0 through (xm) (B) for which 0) if the applicant was convicted for a misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release fi.om confinement imposed for the conviction, wluchever is the later date, (ii) if the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adJudi- cation, if the applicant was convicted for a felony offense, less than five years have elapsed since the date of conviction or the date of re- lease from confinement for the conviction or the date of release from parole, whichever is the later date, (iv) if the applicant was placed on probation or deferred adjudication for a felony offense, less than five years have elapsed since the date of successful completion of probation or deferred adJudica- tion, (v) less than five years have elapsed since the date of the last convic- tion or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the ap- phcant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses, or (vi) less than five years have elapsed since the date of the successful completion of probation or deferred adjudication for the last of- fense, whichever is the later date, if, within any 24-month period, the applicant has been placed on probation or deferred adjudma- tlon two or more times for any misdemeanor offense or combina- tion of misdemeanor offenses Denton City Code 9 S \Our Documents\Ord~nances\Ol\Tax~ OrdmanceDenton doc (b) An applicant who has been sentenced for an offense listed in Subsection (a)(4), for which the required time period hsted above has elapsed, may qualify for operating authority only if the director determines that the applicant is presently fit to provide a public transportation service and only if the offense or offenses the applicant was sentenced for was not a felony of- fense hsted m Subsection (a)(4)(1)-(v0 In detenmnlng present fitness under th~s section, the di- rector shall consider the following (1) the extent and nature of the applicant's past criminal activity, (2) the age of the applicant at the time of the commission of the crime, (3) the mount of time that has elapsed since the applicant's last criminal activity, (4) the conduct and work activity of the applicant prior to and following the criminal activity, (5) evidence of the apphcant's rehabthtatlon or rehabthtatlve effort while incarcerated or following release, and (6) other evidence of the applicant's present fitness, Including letters of recommenda- tion from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial respons~blhty for the apphcant, the sheriff and cluef of police in the community where the applicant resides, and any other persons in contact with the apphcant (c) It is the responsibility of the applicant, to the extent possible, to secure and pro- vide to the director the ewdence required to determine present fitness under Subsection (b) of th~s section SEC. 27-159. APPLICATION FOR ANNUAL PERMIT (a) To obtain an annual permit, a person shall make apphcatlon to the director in the manner prescribed by tlus section The applicant must be the person who will own, control, or operate the proposed taxicab, hmouslne, or shuttle servme An apphcant shall file with the direc- tor a written, verified apphcat~on statement, to be accompanied by a nonrefundable application fee of $150, containing the following (1) the form of business of the applicant and, if the business is a corporation or asso- ciation, a copy of the documents estabhsh~ng the business and the name, address, and citizenship of each person with a d~rect interest ~n the business, (2) the name, address, and verified signature of the applicant, (3) an actual or pro forma statement and balance sheet showing the liabilities, and eq- uity of the bus~ness, Denton C:ty Code 10 S \Our Documents\Ordmances\01kTaxt OrdmanceDenton doc (4) a description of any past business experience of the apphcant, pamcularly tn pro- mdlng passenger transportation services, and an tdentfficatton and description of any revocatmn or suspension of a permit held by the apphcant or bus~ness before the date of filing the apphcatlon (5) the number of vehicles and a description of the vehicles the applicant proposes to use in the operation of the taxicab, hmous~ne, or shuttle service, and a description of the operations of the proposed taxmab, bmoustne, or shuttle service and the lo- cation of the fixed faclhtles to be used in the operation, (6) if the apphcant is seeking a taxicab annual permit, a description of the proposed mslgma and color scheme for the apphcant's taxicabs and a description of the dis- tlnctlve item of apparel or item placed on the apparel to be worn by the appli- cant's taxicab drivers, (7) documentary evidence from an insurance company, anthonzed to do business in the State of Texas, indicating a wllhngness to provide hablhty insurance reqmred by th~s chapter, (8) documentary evidence of payment of ad valorem taxes on the property to be used m connection with the operation of the proposed taxicab, hmousme, or shuttle service, (9) proof of a permanent and estabhshed place of business within the City of Denton, the location of whmh comphes w~th the Denton Development Code, from wtuch the proposed taxicab, limousine, or shuttle service will be operated, which place of business may, but is not reqmred to, include the d~spatchmg famhty for the taxicab, hmouslne, or shuttle service, (10) such additional ~nformat]on as the apphcant desires to include to md ~n the deter- mmat~on of whether the requested operatang authority should be granted, and (11) such additional information as the director considers necessary to assist or pro- mote the implementation or enforcement of this chapter or the protection of the public safety (b) A holder shall notify the director in writing of any change of address or change tn ownership or management of a taxicab, limousine, or shuttle service not less than 10 days prior to the change (c) The established place of business reqmred by Subsection (a)(9) of th~s section must be kept open from 9 00 a m to 5 00 p m weekdays, other than recogmzed hohdays, and must be staffed and equipped to receive telephone calls dunng all business hours Denton City Code 11 S \Our Documents\Ord~nances\O l\Tax~ OrdlnanceDenton doc SEC 2%160 ANNUAL PERMIT - INVESTIGATION OF APPLICATION AND AP- PROVAL (a) Upon receipt of an application for an annual permit the director shall conduct an mvestlgatlon and make findings of fact concerning public convenience and necessity and other relevant factors, including, but not limited to (1) the number of taxicabs, limousines, or shuttles presently m operation in the city, (2) the public transportation needs of the city and the adequacy of existing transporta- tion services, including existing holders, to meet those needs, (3) whether existing holders can render the proposed additional taxicab, limousine, or shuttle service more efficiently or effectively than the applicant, (4) the effect of the proposed additional taxicab, limousine, or shuttle service on traf- fic conditions, taxicab drivers' working conditions and wages, and exlstmg hold- ers and public mass transportation services, and (5) the character, experience, and fiscal responsibilities of the applicant (b) The applicant for an annual permit has the burden of prowng that the pubhc con- vemence and necessity reqmre the proposed taxicab, limousine, or shuttle servme and that the applicant is quahfied and financially able to prowde the service proposed in the application SEC 27-161 TEMPORARY PERMIT; APPLICATION, PURPOSES (a) To obtmn a temporary permtt, a person shall make application to the d~rector Upon receipt of an application for a temporary permit, the d~rector shall give reasonable notice to all holders of his consideration of the application (b) After the director considers the application, the director may issue a temporary permit for the purposes of (1) providing supplemental services dunng periods of extraordinary demand, or (2) to assess the feasthfllty of new technology or servmes (c) A temporary permit is not renewable SEC 27-162. RECIPROCAL AGREEMENT Upon approval of the city council, the city manager may enter into a reciprocal agree- ment with one or more poht~cal subdivisions to provide reciprocal operation and mutual regula- Denton City Code 12 S \Our Documents\Ordmances\01\Taxi OrdmanceDenton doc t~on of taxicab, llmous~ne, or shuttle services between the clty and other pollt~cal subdlvlmons The d~rector shall g~ve all holders reasonable notme of when a remprocal agreement ~s to be constdered by the c~ty councal SEC 27~163. GRANT OF PERMIT Upon approval of an apphcatmn for an annual or temporary permit by the director, the director shall promptly issue the permit and incorporate m the permit the duration of the permit and such other terms or conditions as the d~rector determmes are necessary SEC 27-164 RENEWAL OF ANNUAL PERMIT (a) An annual permit is automatically renewed unless the d~rector notffies the holder, before the renewal date, of an ~ntentlon to recommend demal of the permit renewal based on a determtnat~on that (1) the holder ~s not in eomphance w~th the permit or apphcable prowslons of th~s code, department regulations, or other law, or (2) the holder does not quahfy for operating authority under Sectmn 27-158 of th~s chapter or is otherwise not fit, wflhng, or able to continue to operate the tax,cab, hmousme, or shuttle service m accordance w~th the permit and apphcable prow- s~ons ofth~s code, department regulations, and other law, or (3) pubhc convemence and necessity do not require the continued operation of the tamcab, hmous~ne, or shuttle service (b) A holder desmng a change in the terms or cond~tmns of the permit must file w~th the d~rector, not fewer than 60 days before the permit expires, a written request stating reasons for the requested changes (c) Minor changes may be made in a permtt by the d~rector (d) If the d~rector determines that a demal of a permit renewal or material change ~n the terms or conditions of the permit ~s reqmred by pubhc convemence and necessity, then he may deny renewal of the permit or make changes m the terms or cond~tmns of the permit A holder may request a change in the terms or conditions of hm permit and the d~rector may grant the change ff the change is required by pubhc convemence and necessity (e) If the permit expires at no fault of the holder before a ruhng on the approval or demal of the renewal, the holder may continue to operate the taxmab, hmousme, or shuttle set- wee pending a final decision The holder shall cease operation of the tax,cab, hmous~ne, or shut- tle servme ~mmedmtely upon demal of the request for renewal by the d~rector Denton City Code 13 S \Our Documents\Ordtnances\01\Tax~ OrdmanceDenton doc (f) A holder may file an appeal of the d~rector's declsaon not to renew a permit ~n accordance wath Sectaon 27-181 of this ordanance SEC 27-165 AMENDMENT, SUSPENSION, AND REVOCATION OF OPERATING AUTHORITY (a) Suspensaon and revocation ofpermat The follow~ng regulatmns apply to the sus- pensaon or revocation of a temporary or annual permit (1) The director may suspend or revoke a permat ~f the darector determanes that the holder (A) fmled to comply wath a correct~on order msued to the holder by the direc- tor, wathln the time specffied ~n the order, (B) lntentaonally or knowingly impeded the department or other law enforce- ment agency an the performance of ~ts duty or executaon of ~ts authonty, (C) failed to comply wath thru chapter, (D) does not quahfy for operating authority under Section 27-158 ofthas chap- tor~ (E) has been conwcted of a vaolat~on of another ctty, state, or federal law, which vmlatlon reflects unfavorably on the fitness of the holder to perform a pubhc transportation service, (F) ~s under ~ndmtment for or has been convicted of any felony offense while holding taxacab, hmousane, or shuttle operating authority, (G) substantmlly breached the terms of the permit, (H) faded to pay c~ty ad valorem taxes on any property of the holder used da- rectly or ~nd~recfly ~n connection with the taxacab, hmousme, or shuttle service, or (I) fa~led to pay a permit fee at the time ~t was due (2) A suspension of a permat does not affect the exp~rataon date of the permit (3) After revocatmn of a permit, a holder ~s not ehgable for a permit for a period of two years (b) Reanstatement After suspension of a permat, a holder may file an appeal an ac- cordance wath Sectaon 27-181 of thas chapter The darector shall anspect the operatmn of the sus- Denton C~ty Code 14 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton doc pended holder to determine ~f the defimency causing the suspension has been corrected by the holder After ~nspectlon, the director shall submit his recommendation together with supporting facts to the city manager or his designee SEC. 27-166. PERMIT FEES (a) A holder of an annual permit shall pay the city a permit fee of $250 a year for each taxicab, limousine, or shuttle authorized by the permit or an amount stated in the permit The fee for a temporary permit is that whmh is stated in the permit A permit fee is payable in the manner and at the time prescnbed by the permit (b) If a holder of an annual permit is licensed by another governmental entity, the permit fee shall be reduced to $100 a year for each tax~cab, limousine, or shuttle SEC 27-167. NUMBER OF TAXICABS AUTHORIZED. The d~rector may make studies and surveys concerning the pubhc convenience and ne- cessity and may, from time to time, prescribe the number of taxicabs authorized for, and operated by a holder in order to adequately provide taxicab servme in the city SEC 27-168. SPECIAL PROVISIONS OF OPERATING AUTHORITY This chapter governs the operation of taxicab, limousine, or shuttle service under each form of operating authority This chapter, however, is not a hmltatmn on the power of the city council to incorporate in a grant of operating authonty special provm~ons relating to the opera- tlon of the taxicab, limousine, or shuttle service under the grant To the extent that a special pro- vis,on conflicts with this chapter, the special provision controls PART C TAXICAB, LIMOUSINE, AND SHUTTLE DRIVER'S LICENSE SEC 27-169. TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE RE- QUIRED. (a) A person may not operate a taxicab, limousine, or shuttle reside the c~ty without a vahd taxicab, limousine, or shuttle driver's license issued to the person under th~s article, except when authorized m a reciprocal agreement (b) A holder or taxicab, hmouslne, or shuttle owner may not employ or contract w~th a driver or otherwise allow a person to drive for hire a taxicab, limousine, or shuttle owned, con- trolled, or operated by the holder or taxicab, limousine, or shuttle owner unless the person has a vahd taxicab, limousine, or shuttle driver's license issued under th~s article, except when author- ized in a reciprocal agreement Denton City Code 15 S \Our Documents\Ordinances\01 \Taxi OrchnanceDenton doc SEC 27-170. QUALIFICATION FOR TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE. (a) To quahfy for a taxicab, hmousme, or shuttle driver's license, an apphcant must (1) be at least 19 years of age, (2) be currently authorized to work full-time m the United States, (3) hold a vahd driver's license issued by the State of Texas, (4) be able to communicate m the English language, (5) not be afflicted with a physical or meutal disease or d~sabthty that is hkely to pre- vent the applicant from exercising ordinary and reasonable control over a motor vetucle or that is likely to otherwise endanger the public health or safety, (6) not have been convicted of more than four moving traffic violations arising out of separate transactions, or mvolved m more than two automobile accldeuts m which it could be reasonably determined that the applicant was at fault, wlthm any 12- month period dunng the preceding 36 months, (7) not have been convicted or placed on probation or deferred adjudication for a crime (A) involving 0) criminal homicide as descnbed In Chapter 19 of the Texas Penal Code, (11) kidnapping as described in Chapter 20 of the Texas Penal Code, (m) a sexual offense as described m Chapter 21 of the Texas Penal Code, 0v) an assaultive offense as described in Chapter 22 of the Texas Penal Code, other than a Class C misdemeanor, (v) robbery as described ~n Chapter 29 of the Texas Penal Code, (vi) burglary as described in Chapter 30 of the Texas Penal Code, thef~ as described m Chapter 31 of the Texas Penal Code, but only if the violation ~s pumshable as a felony, Denton City Code 16 S \Our Documents\Ord~nances\01\Tax~ OrdmanceDenton doc (Vln) fraud as described ~n Chapter 32 of the Texas Penal Code, (ix) tampenng w~th a governmental record as described ~n Chapter 37 of the Texas Penal Code, (x) pubhc ~ndecency (prostltutmn or obscemty) as described in Chap- ter 43 of the Texas Penal Code, (x0 the transfer, carrying, or possession of a weapon in wolatmn of Chapter 46 of the Texas Penal Code, but only if the vlolatmn is punishable as a felony, (xn) a violation of Chapter 483, Dangerous Drugs, of the Texas Health and Safety Code that is ptm~shable as a felony, (xm) a wolat~on of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that ~s punishable as a felony, or (x~v) criminal attempt to commit any of the offenses listed ~n Subdivi- sion (7)(A)(1) through (xm) of tins subsection, (B) for which (1) ~f the applicant was convicted for a misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release from confinement ~mposed for the conwction, whichever ~s the later date, (10 ~f the apphcant was placed on probation or deferred adjudlcatmn for a m~sdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adJudi- cation, (m) if the apphcant was conwcted for a felony offense, less than five years have elapsed s~nce the date of conwctlon or the date of re- lease from confinement for the conwctlon or the date of release from parole, whichever is the later date, (iv) ~f the applicant was placed on probation or deferred adjud~catmn for a felony offense, less than five years have elapsed since the date of successful completion of probatmn or deferred adJudica- tion, (v) less than five years have elapsed s~nce the date of the last convlc- tmn or the date of release from confinement for the last conwctlon, Denton City Code 17 S \Our Documents\Ordinances\0 l\Tax~ OrdmanceDenton doc whichever is the later date, If, within any 24-month period, the ap- phcant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses, or (vi) less than five years have elapsed since the date of the successful completion of probation or deferred adjudication for the last of- fense, whmhever ts the later date, if, within any 24-month penod, the apphcant has been placed on probation or deferred adjudication two or more times for any misdemeanor offense or combination of misdemeanor offenses, (8) not have been convicted of, or discharged by probation or deferred adjudication for, driving while Intoxicated (A) within the precechng 12 months, or (B) more than one time wltlun the preceding ten years, (9) not be addicted to the use of alcohol or narcotics, (10) be subject to no outstanding warrants of arrest, (11) be samtary and well-groomed in dress and person in comphance with Section 27- 188(a) of ttus chapter, (12) have a valid contract with or be currently employed by a holder, and (13) have successfully completed within the preceding 12 months a defensive driving course approved by the National Safety Council and be able to present proof of completion (b) An apphcant who has been sentenced for an offense hsted tn Subsection (a)(7) or (8), for which the required time period provided by this ordinance has elapsed, may quahfy for a taxicab, limousine, or shuttle driver's license only If the director determines that the applicant is presently fit to engage in the occupation ofa taxmab, hmouslne, or shuttle driver In determining present fitness under this section, the director shall consider the following (1) the extent and nature of the applicant's past criminal activity, (2) the age of the applicant at the time of the commission of the crime, (3) the amount of time that has elapsed since the apphcant's last criminal activity, (4) the conduct and work activity of the applicant prior to and following the criminal activity, Denton City Code 18 S \Our Documents\Ordmances\01\Tax~ OrdlnanceDenton doc (5) evidence of the applicant's rehablhtatlon or rehabthtatlve effort while ~ncarcer- ated or following release, and (6) other evidence of the applicant's present fitness, including letters of recommenda- tion from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, the sheriff and chief of pohce in the community where the apphcant resides, and any other persons an contact wath the applicant (c) It as the responsibility of the applicant, to the extent possable, to secure and pro- vide to the director the evidence required to determine present fitness under Subsection (b) of this sectaon and under Section 27-176(a) of this artmle SEC 27-171. APPLICATION; FEE. To obtain a taxacab, limousine, or shuttle driver's license or renewal of a taxicab, hmou- sine, or shuttle driver's license, a person must file with the department a nonrefundable apphca- tion fee of $10 and a completed written apphcatlon on a form provided for the purpose The rector shall require each application to state such information as he considers necessary to deter- mine whether an apphcant as qualified SEC 27-112. INVESTIGATION OF APPLICATION (a) For the purpose of detenmnIng quahfication under Section 27-170(a)(5), the rector may reqmre an applicant to submat to a physical examination at apphcant's expense con- ducted by a hcensed physician and to furnish to the darector a statement from the physician which certffies that the physician has examaned the apphcant and that in the physmaan's profes- sional opinion the apphcant as quahfied under Section 27-170(a)(5) (b) Upon request of the d~rector, the police department shall investagate each apph- cant and furnish the d~rector a report concerning apphcant's qualification under Sectmn 27- 170(a)(7) The mumclpal court shall furnish the director a copy of the apphcant's motor vehicle drlvang record and a list of any warrants of arrest for the applicant whmh might be outstanding (c) The director may conduct such other invemgation as he considers necessary to determine whether an apphcant for a taxicab, limousine, or shuttle driver's license is qualified SEC 27-1'73 ISSUANCE AND DENIAL (a) If the director determines that an applicant is quahfied, the darector shall issue a license to the apphcant (b) The director shall delay until final adjudication the approval of the application of any apphcant who is under andlctment for or has charges pending for Denton City Code 19 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton doc (1) any offense listed in Section 27-170(a)(7)(A), or criminal attempt to commit any of those, or (2) any offense involving driving while intoxicated (c) The director may deny the application for a taxicab, limousine, or shuttle driver's license if the applicant (1) is not quahfied under Section 27-170, (2) refuses to submit to or does not pass a medical or written examination authorized under Section 27-172, (3) makes a false statement of a material fact in his application for a taxicab, hmou- sine, or shuttle driver's license (d) If the director determines that a license should be denied the applicant, the chrec- tor shall notify the applicant in wntlng that his application is demed and include in the notice the reason for denial and a statement informing the apphcant of h~s right of appeal in accordance with Section 2%181 of thts chapter SEC 27-174. EXPIRATION OF TAXICAB, LIMOUSINE, OR SItUTTLE DRIVER'S LICENSE, VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE (a) Except tn the case of probahonary and provisional licenses, a taxicab, limousine, or shuttle driver's license expires two years from the date of issuance (b) If a licensee's state driver's license is suspended or revoked by the state, his taxi- cab, limousine, or shuttle driver's license automatically becomes void A hcensee shall notify the director and the holder for whom he drives wlttun three days of a suspension or revocation of his driver's license by the state and shall immediately surrender his taxicab, hmousme, or shuttle driver's license to the &rector SEC 27-175. PROVISIONAL LICENSE (a) The director may issue a provisional taxicab, limousine, or shuttle driver's license if he determines (1) that the number of taxicab, hmous~ne, or shuttle drivers is inadequate to meet the city's need for taxicab service, in which ease he may issue the number necessary to meet the need, or Denton City Code 20 S \Our Documents\Ordinances\0 lkTax~ OrdmanceDenton doc (2) that it is necessary pending completion of investigation of an applicant for a taxi- cab, limousine, or shuttle driver's license (b) A provisional taxicab, hmouslne, or shuttle driver's hcense expires on the date shown on the license, not to exceed 45 days from the date of issuance, or upon the apphcant's being domed a taxicab, hmousine, or shuttle driver's license, whichever occurs first (c) The director shall not ISSUe a provisional license to a person who has been previ- ously denled a taxicab, hmouslne, or shuttle driver's hcense (d) The dlmctor may xssue a prowsmnal hcense to a person holding a state driver's license SEC 2%176. PROBATIONARY LICENSE. (a) The director may issue a probationary taxicab, hmouslne, or shuttle driver's h- cense to an apphcant who ss not quahfied for a taxmab, limousine, or shuttle driver's hcense un- der Section 27-170 xfthe apphcant (1) could qualify under Section 27-170 for a taxicab, limousine, or shuttle driver's h~ cerise within one year from the date of application, (2) holds a valid state driver's license or occupational dnver's license, and (3) is determined by the d~rector, using the cntena listed in Section 27-170(b) of ttus article, to be presently fit to engage ~n the occupation of a taxicab, hmousine, or shuttle driver (b) A probationary taxmab, hmousine, or shuttle driver's license may be issued for a period not to exceed one year (c) The d~rector may prescribe appropriate terms and conditions for a probatmnary taxmab, hmous~ne, or shuttle driver's hcense as he determines are necessary SEC 27-177. DUPLICATE LICENSE If a taxicab, hmousine, or shuttle driver's license is lost or destroyed, the director shall Issue the hcensee a duphcate hcense upon payment to the city of a duplicate hcense fee orS10 SEC 27-178. DISPLAY OF LICENSE A taxmab driver shall at all t~mes conspmuously display a taxmab driver's license on the clothing of the driver's upper body A taxicab, hmouslne, or shuttle driver shall allow the direc- tor or a peace officer to examine the driver's tax,cab, hmouslne, or shuttle driver's license upon request Denton City Code 21 S \Our Documents\Ordmances\01\Taxl OrdmanceDenton doc SEC 27-179 SUSPENSION BY DESIGNATED REPRESENTATIVE (a) If a representative designated by the d~rector to enforce thru chapter determines that a licensee has fmled to comply with thru chapter (except Section 27-170) or a regulation es- tabhshed under this chapter, the representative may suspend the tax,cab, hmousme, or shuttle driver's license for a period of t~me not to exceed three days by personally serving the hcensee w~th a written notme of the suspension The written notme must include the reason for suspen- stun, the date the suspension begins, the duration of the suspension, and a statement mform~ng the hcensee ofhm right of appeal ~n accordance w~th subsection (b) and (c) of this sectton (b) A suspension under this sectmn may be appealed to the d~rector or h~s assmtant ~f the hcensee requests an appeal at the time the representative serves notme of suspension When appeal is requested, the suspension may not take effect untd a heanng ~s provided by the d~rector or hm assistant (c) The d~rector may order an expedited heanng under th~s sectmn, to be held as soon as possible after the licensee requests an appeal The d~rector may affirm, reverse, or modify the order of the representative The decision of the d~rector ~s final SEC 27-180. SUSPENSION AND REVOCATION. (a) If the d~reetor determines that a hcensee has foaled to comply with th~s chapter (except Sectmn 27-170) or a regulation estabhshed under th~s chapter, the d~rector may suspend the taxicab, hmousine, or shuttle driver's license for a defimte penod of t~me not to exceed 60 days (b) If at any t~me the d~rector determines that a hcensee ~s not quahfied under Sectmn 27-170, or ~s under mdmtment or has charges pending for any offense mvolwng driving while ~ntox~cated or any offense mvolwng a crime described ~n Section 27-170(a)(7)(A) or criminal attempt to commit any of those offenses, the director shall suspend the taxmab, limousine, or shuttle dnver's license untd such t~me as the director determines that the hcensee is qualified or that the charges against the hcensee have been finally adjudicated (c) A hcensee whose tax,cab, hmous~ne, or shuttle driver's hcense is suspended shall not drive a taxicab, hmous~ne, or shuttle reside the mty dunng the period of suspension (d) The d~rector shall not~fy the licensee and the holder ~n writing of a suspensmn un- der this section and include ~n the notice the reason for the suspensmn, the date the d~rector or- ders the Suspension to beg~n, the duratmn of suspension or ff ~t ~s under Subsection (b), and a statement informing the licensee ofa nght of appeal The period of suspensmn begins on the date specified by the director or, ~n the case of an appeal, on the date ordered by the appeal heanng officer Denton City Code 22 Downtown Res~denual DR-1 and DR-2 Below is a list of the permitted uses in the proposed Downtown Residential zoning districts that ARE NOT perrmtted in Neighborhood Resldenual Districts Permitted uses in Downtown Residenual 1 (DR-1) Accessory Dwelling Unit Attached SF Dwelling Dwellings Above Businesses Live/Work Units Duplex Group Home Mulufamily (LS-Llmlted to 4 units) Bed and Breakfast (L8) up to 8 guest rooms Professional Serwces and Offices (L 14-to 10,000 sq ft) Retail Sales (L15- up to 5,000 sq ft) Administrative or Research Facility (SUP- Specific Use Perrmt) Broadcasting or Production Facility (SUP) Vetennary Clinics (SUP) Semi Public Halls Clubs and Lodges Adtflt or Cluld Daycare Private lfindergarten, Elementary Schools Medical Center Permitted uses m Downtown Residential 2 (DR-2) All of the above uses in addiuon to the following Bed and Breakfast (L9- 15 guest limit) Retail Sales (L14- up to 10,O00 sq ft) Bottling Plants (L2- on prermse sales, to 2,500 sq ft ) Private Middle School Prepared by M~ke Cochran Denton City Counol - District 3 387-0995 Downtown Commercial General (DC-G) Below ~s a last of the permmed uses m the proposed Downtown Commercml General zoning district that ARE NOT permitted m Neighborhood Resadenual Dlsmcts Attached SF Dwelhng Dwelhngs Above Businesses (SUP) Specific Use Permat bye/Work Umts Duplex Mulufamfly (L6- permitted on second floor above office or business) Group (SUP) Hostels Hotels Bed and Breakfast Professional Services and Offices (L 13- up to 55,000 sq ft) Retail Sales Theaters, less than 1,000 seats Restaurant or Private Club Professional Services and Offices Quick Vehicle Servicing Vehicle Repair Auto and RV Sales (L 20- outdoor storage of autos prohibited) Indoor Recreation Malor Event Entertainment (SUP) Commercial Parlong Lots (L 28- as part of consohdated paffang plan) Laundry Admmistrauve or Research Faohty BroadcasUng or Production Faohty Pnnung / Pubhsh~ng Bakery Bottling Plant Vetennary Chmcs Community Service Semi Public Halls Clubs and Lodges Bus~ness Trade School Adult or Child Daycare Colleges Hospital Nursing Home Medical Center Mortuaries Prepared by M~ke Cochran Denton City Council- District 3 387 0995 Downtown Commercial Neighborhood (DC-N) Below as a last of the permitted uses an the proposed Downtown Commercial Neighborhood zomng district that ARE NOT perrmtted an Neighborhood Residential Districts Attached SF Dwelling Dwellings Above Businesses (SUP) Speofic Use Permit Lave/Work Unats Duplex Mulufamdy (L6- perrmtted on second floor above office or business) Bed and Breakfast Professaonal Serwces and Offices (L 13- up to 55,000 sq ft) Retail Sales (L 13- hmlted to no more that 55,000 sq ft) Theaters, less than 1,000 seats Restaurant or Private Club Professional Serxqces and Offices Commercial Parkang Lots (L 28- as part of consolidated parking plan) Laundry Administrative or Research Facility (L 14- hmlted to 10,000 sq ft) Broadcasting or Production Faclhty Bakery (L 21- limited to 2,500 sq ft) Bottling Plant (L 21- limited to 2,500 sq ft) Vetennary Chnlcs (L 26 - limited to 2,500 sq ft) Community Serxqce Semi Public Halls Clubs and Lodges Business Trade School (L 26- hmited to 2,500 sq ft) Adult or Child Daycare Private Kandergarten, Elementary Schools Colleges (SUP) Hospital Nursing Home (L 13- limited to 55,000 sq ft) Medical Center Mortuaries Prepared by Mike Cochran Denton City Council - Dlsmct 3 387-0995 Neighborhood Residential Zoning Dlstnct (NR-4) The Following Uses are penmtted in the Neaghborhood Res~denual-4 (NR-4) zoning dastnct NR - 4 Permxtted Uses S~ngle Family Accessory Dwelhng Unit Attached S~ngle Family Unit (L 4- 4 un,ts w~th a common wall) Duplex Commumty Home for the D~sabled Mulu-famdy (L 5- hnuted to 4 umts) Home Occupauon Bed and Breakfast (L 10- 5 guests max) Commercaal Outdoor Recreauon Community Serwce Churches Parks Sem~ Pubhc, Halls, Clubs and Lodges (SUP) Day Care Private Kandergarten, Elementary Schools Nursing Homes (SUP) Prepared by Make Cochran Denton City Council - District 3 387-0995 Neaghborhood Residenual M~xed Use (NRMU) Below as a last of the permitted uses m the Neighborhood Resadenual Maxed Use zoning chstncts that ARE NOT permmed an Neighborhood Res~denual D~strtcts 2 or 3 Permitted uses ~n Neaghborhood Resadenual Mtxed Use (NRMU) Accessory Dwelhng Unit/not subject to lam~tauons Attached SF Dwelhng Dwelhngs Above Businesses (SUP) Specific Use Perrnlt lave/Work Umts Duplex Mulufamlly Hostels Hotels Bed and Breakfast (L8- up to 8 guest rooms) Professional Sexvaces and Offices (L 13- up to 55,000 sq ft) Retail Sales (L 13- up to 55,000 sq ft) Laundry Admlmstratlve or Research Facility Broadcasung or Productaon Facility Bakery (L 21- up to 2,500 sq ft) Bottling Plant (L 21- up to 2,500 sq ft) Vetennary Chmcs (SUP) Sem~ Pubhc Halls Clubs and Lodges Adult or Chdd Daycare Private Kandergarten, Elementary Schools Private M~ddle School Nursang Home Medical Center Prepared by Mike Cochran Denton CaW Council - Dlsmct 3 387-0995 Neaghborhood Residenual Mtxed Use - 12 (NMRU-12) Below as a last of the penmtted uses an the Neaghborhood Resadentaal Mixed Use - 12 zoning dastncts that ARE NOT penmtted an Neaghborhood Resldenual Dastncts 2 or 3 Permatted uses an Neaghborhood Residential M~xed Use - 12 Accessory Dwelling Umt/not sublect to Lamatatlons Attached SF Dwelling Dwellings Above Businesses (SUP) Specafic Use Penmt Lave/Work Units Duplex Multlfamfly Bed and Breakfast (L8 up to 8 guest rooms) Professional Sennces and Offices (L 15- up to 5,000 sq ft) Retail Sales (L16- up to 1,500 sq ft) Commercial Outdoor Recreauon Admlmstratave or Research Facflaty (L14- up to 10,000 sq ft) Broadcasung or Productaon Facflaty (SUP) Vetennary Clinics (SUP) Adult or Child Daycare Private Kindergarten, Elementary Schools Nursing Home Medacal Center (SUP) Prepared by Mike Cochran Denton Cny Council - District :3 387-0995