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Home My WebLink AboutFebruary 05, 2002 Agenda A~enda Item CITY OF DENToNAGENDAcITY COUNCIL'"ara ..~/(~--t~--~- February 5, 2002 After determlmng that a quorum is present, the City Council will convene in a Work Session on Tuesday, February 5, 2002 at 4 30 p m in the Council Work Session Room at City Fiall, 215 E McKmney Street, Denton, Texas at which the following items will be considered 1 Receive a report, hold a discussion, and give staff direction regarding the sixth-month review of the revisions to Section 20-1 of the Code of Ordinances regulating noise 2 Requests for clarification of consent agenda items listed on the consent agenda for today's City Council regular meeting of February 5, 2002 Following the completion of the Work Session, the Council will convene in a Closed Meeting at 5 15 p m to consider specific items when these items are listed below under the Closed Meeting section of this agenda When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p m and will convene at the time listed below for its regular or special called meeting The City Council reserves the right to adjourn into a Closed Meeting on any item on ItS Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Meeting A, Deliberations regarding real property -- Under TEXAS GOVERNMENT CODE Section 551 072 and Consultation with the City Attorney -- Under TEXAS GOVERNMENT CODE Section 551 071 1 Deliberate the purchase and value of real property, located in the J Cheek Survey, Abstract No 227 and the FI Williams Survey, Abstract No 1417 and being a 568 acre tract and a 0 354 acre tract along Sherman Drive, approximately 3,600 feet south of the intersection of Clear Creek and Sherman Drive, north side of road, within the City and County of Denton, Texas, which acquisition IS for a public purpose (Ray Roberts Water Line) B Consultation with the City Attorney -- Under TEXAS GOVERNMENT CODE Section 551 071 1 Discuss and consider strategy, status, and possible settlement of litigation with the City's attorneys in litigation styled City of Denton, et al v TXU Electric Company, et al, Cause No 009383 currently pending in the 134th District Court of Dallas County, Texas, and discuss legal issues concerning this litigation with the attorneys where to discuss these matters in public would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas 2 Discuss and consider strategy, status, and legal ramifications of litigation with the City's attorneys in litigation styled Spencer Station Generating City of D~nton City Council Agenda February 5, 2002 Page 2 Company, LP v TXU Gas Company, et al, Cause No 2002-30001-211 currently pending m the 21 lth District Court of Denton County, Texas, and a s~mflar proceeding now pending before the Texas Railroad Commission, and discuss legal ~ssues concerning this ht~gatlon w~th the attorneys where to discuss these matters ~n public would conflmt w~th the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT1 SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, §§551 001, ET SEQ (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §§551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton C~ty Council on Tuesday, February 5, 2002 at 6 30 p m ~n the Cotmefl Chambers at City Hall, 215 E McKmney Street, Demon, Texas at which the following items will be considered 1 Pledge of Allegiance A U S Flag B, Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible" PROCLAMATIONS/PRESENTATIONS 2 Recognmon of staff accomphshmems CITIZEN REPORTS 3 Nell Yeldell regarding the Denton Housing Authority and dlserlm~nat~on agmnst the elderly 4 Dess~e Goodson regarding city repairs 5 Gerard Hudspeth regarding Council procedure for mt~zen reports 6 Wflhe Hudspeth regarding Council procedure for c~t~zen reports 7 Jack~e Sasser regarding Denton Housing Authority ex-employee problem City of Denton City Council Agenda February 5, 2002 Page 3 8 Ross Melton regarding Code Enforcement and other issues 9 Bob Clifton regarding Teasley Lane from Dallas Drive to Londonderry - specifically five traffic hghts CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations Approval of the Consem Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations The C~ty Council has received background information and has had an opportunity to rinse questions regarding these items prior to consideration L~sted below are b~ds, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items 10 - 22) This hst~ng ts promded on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda If no items are pulled, Consent Agenda Items 10 - 22 below will be approved w~th one motion If ~tems are pulled for separate discussion, they will be consldercd as the first items following approval of the Consent Agenda 10 Consider approval of the minutes of January 8, 2002 and January 9, 2002 11 Consider adoption of an ordinance of the C~ty of Denton, Texas authorizing the City Manager to execute a Professional Servmes Agreement with Alan Plummer Associates, Inc for professional engineering services related to the final design of the Cooper Creek Lift Station, Force Mmn, and the Pecan Creek Interceptor Sewer Project, anthonzlng the expenditure of funds therefor, and providing an effective date 12 Consider adoption of an ordinance ordenng an election to be held in the City of Denton, Texas, on May 4, 2002, and, if a runoff election ts reqmred, on June 1, 2002 for the purpose of electing Counml Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas, designating voting places, appointing election officials, providing for early voting, providing for bdlngual notice of the elect~on, ordering that an electronic voting system be used, making additional provisions for the conduct thereof, prowdmg an open meetings clause, and providing for an effective date 13 Consider approval of a resolution of the City Councd of the City of Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project apphcat~on with the North Central Texas Counml of Governments ("NCTCOG") for a regional solid waste program local project, authorizing the City Manager to act on behalf of the City of Denton tn all matters related to the apphcatton, and pledging that if a project ts received, the C~ty of Denton will comply with the project reqmrements of the NCTCOG, the Texas Natural Resource Conservation Commission and the State of Texas (Mumclpal Litter Abatement and Waste Receptacles - $99,670 20), and provtdmg an effective date 14 Consider an appointment by the City Manager of a new member to the Ctvfl Service Commission City of Denton City Council Agenda February 5, 2002 Page 4 15 Consider adoption of an ordmance approving an Interlocal Cooperative Agreement between the City of Denton and Denton County for completion of road improvements for Hickory Creek Road from FM 2181 to Paverpass Drive, and declaring an effective date 16 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make application to the Texas Department of Housing and Community Affairs Emergency Shelter Grant Program and take all other actions necessary to obtmn a grant under the Emergency Shelter Grant Program, and providing for an effective date 17 Consider approval of a tax refund to DBC Inv Ltd in the amount of $671 28 The 2001 property tax was prod twice 18 Consider approval of a tax refund to James Beaver in the amount of $3,529 85 The homeowner erroneously paid the City of Denton, Denton County, and Denton Independent School District tax to the City of Denton 19 Consider approval of a tax refund to James Beaver in the amount of $8,873 69 The homeowner erroneously paid the City of Denton, Denton County, and Denton Independent School District tax to the City of Denton 20 Consider approval of a tax refund to Robert & Llnda Wllhlte in the amount of $589 31 The 2001 property tax was prod twice 21 Consider adoption of an ordinance amending Chapter 29 of the Code of Ordinances of the City of Denton, Texas to provide for the adoption of the International Fire Code, 2000 edition, providing for amendments thereto, re-estabhshmg permit fees, providing for a penalty in the amount of $2,000 for violations thereof, repealing fire lane Ordinance No 87-168, providing for a severablhty clause repealing all ordinances in conflict therewith, and providing for an effective date 22 Consider approval of a resolution approving a Right-of-Way Use Agreement between the City of Denton, Texas and George C Goen, Jr, and declaring an effective date PUBLIC HEARINGS 23 Hold a public hearing to afford the public appropriate notice and participation for the ptwpose of identifying the future cable related community needs and interests, and reviewing the performance of Charter Communications under the franchise with the City during the current franchise term ITEMS FOR INDIVIDUAL CONSIDERATION 24 Consider adoption of an ordinance approving the Denton Development Code, a comprehensive rewrite of the City of Denton's development regulations in accordance with The Denton Plan, 1999-2020, and pursuant to Ordinance No 2001-135, as amended, providing for a cumulative clause, providing a severablhty clause, providing a savings clause, providing for a penalty in the maximum amount of $2,000 00 for violations thereof, and providing for an effective date of February 20, 2002 City of Denton City Council Agenda February 5, 2002 Page 5 25 Consider adoption of an ordinance amending the schedule of fees contmned In Ordinance 2000-098 by adopting a new schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the C~ty of Denton, Texas, for fihng apphcat~ons for rewew, approval, grant or ~ssuance of plats, plans, hcenses, certfficates, variances or designations reqmred by the subdivls~on rules and regulations and zoning regulations of the Code of Ordmances, prowding for repeal of all ordinances ~n conflmt herewith, providing a severabihty clause, prowdmg a saving clause, providing for pubhcation, and providing an effective date 26 Consider nominations and appmntments to the City's Boards and Commissions 27 New Busmess Th~s aem provides a seeuon for Council Members to suggest items for future agendas or to request information from the City Manager 28 Items from the City Manager A Notffieation of upcoming meetings and/or conferences B Clarification of items on the agenda 29 Possible Continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 30 Official Action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above not~ce of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2002 at o'clock (am)(pm) CIYY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETERCAN BE SCHEDULED TH ROUGH THE CITY SECRETARY'S OFFICE AGENDA ~O~ON S~ET AGENDA DATE: February 5, 2002 DEPARTMENT. Pohce ACM: Jon Fortune, As~stant C~ty Manager, Pubhc Safety and Transportation SUBJECT Receive a staff report, hold a discussion, and 8~ve staff direction regarding the slx-month rewew of the revisions to Section 20-1 of the Code of Ordinances regulating noise City Councd passed a comprehensive revision of Section 20-1 of the Code of Ordinances regulating noise on July 31, 2001, that went into effect on August 14, 2001 The new ordinance specified that the Couned would review the ordinance w~tban mx months The follow~n8 Is a review of the ordinance w~th an analysis of the call data concarmng noise calls generated by the public, and an analysis of the call disposition and enforcement actlviues of the pohce In addition, staff was asked to provide specdlc mformataon to City Councd concarmn8 data on noise cltataons and fines The call analysis is based on a comparison of noise disturbance calls that were reported from August 14, 2000 - December 14, 2000 and August 14, 2001 - December 14, 2001 Several changes, such as the pohce district ahgument and the mstatlataon of a new computer-reded dispatch System have hrmted some areas of comparison In addition, because some calls can be cleared with multiple citations and/or arrests, the disposmon numbers cannot be compared to the total number of noise calls General Noise Carls From Ausust 14, 2001 through December 14, 2001, the pohce department received 1175 calls for loud noise/music Of these, 901 were resldentml, 128 were vehicles, 120 were business, and 26 were fratermties Overall, there ~s a reduction of 653 noise calls from the same ttme flame m 2000 In reviewing the calls and the officer comments, there is clear indication that repeat violations are down dramatically Citizen input regarding the noise ordinance has been positive Officers now have several tools to address cmzen noise complaints, and the ordinance rewslons seem to be working well Decibel Levels The City Council estabhshed 65 dba at 50 feet from the source as the mammum noise level allowed under the ordinance revision Although it includes ambient noise, the level seems to be very effective m addressing citizen concerns Officer measurements on calls have found levels as high as 83 dba, and a number have been m the 70's However, most no~se complaints have shown levels m the und to lower 60's, and the majority of complatnts are usually solved with a warning on the first call Over the last 2 months, pohce officers took random noise level readings, not related to complaints, in various areas of the city Noise levels occurring m resldent~al neighborhoods ranged from less than 50 dba to 58 dba Noise levels in business areas ranged from less than 50 dba to 62 dba These measurements were random, and taken at various tunes of the day and mght Vehicle Noise Across the country, noise pollution from vehicle stereos is a growing concern Many mumcipaltties have taken steps to address the issue In Denton, noise from vehicles has been a recurring complaint m many neighborhoods Since the early 1990's, the NICE committee has repeatedly listed loud car stereos as a concern m Southeast Denton These same concerns have been voiced at SEDNA meetings The problem of loud car stereos also came up during the Fry Street Small Area plamu~ process, and m a number of other neighborhood commumty meetings Citizen surveys adunmstered throughout the city by the police department have also shown loud car stereos to be a concern In addition to the noise &sturbance aspect, loud car stereos present a safety concern tn that they hamper the ainhty of drivers to hear the s~rens of approacinng emergency veincles Based on clUzen feedback and the analysis of calls, the prov~sion of the orchnance addressing loud music from veincles has had the most impact on the noise problem ~n the city The ordtnance estabhahas that a violation occurs if music from a veincle can be heard from more than 35 feet away Tins distance was used instead of specific decibel levels for several reasons, including the ainhty to utd~ze sound level readtng devices from the veincle, and the multiple ambient no~se sources present on the roadway (officer's veincle, other veincles, etc) that would affect the readtng In adchtlon, many of the noise complaints concermng veincles revolve the presence of loud bass, winch ~s not measurable by sound level reading devices 1611 E. MeKinney From August 14, 2001 - December 14, 2001, tins location was the subJeCt of 89 noise complaints Tins ~s the site of a new carwash, and the bustness parking lot backs up to an apartment complex building Complaints are related to car stereos being played at ingh volumes winle cars are being detadad Most of the complmnts occur m the evemng hours dunng the week, and from noon to late evemng on weekends For reference, no single location in the city, and several enttre police chstncts, generated as many complmnts as tins address The pohee officers workmg fins district met wath the property owner and worked on finding ways to reduce the problem The property owners have been on scene and attempted to reduce the incidence of the loud stereos Officers performed 13 d~rected patrols at the locauon Overall, officers found no violataon 58 times, ~ssued 21 warmngs, and issued 23 citations Noise C~tatmns In the compared time frames m 2000 and 2001, total noise citations increased from 28 to 136 - a ,;85% increase The majority of the change was m veincle citations, but non-velucle citations more than doubled Spoctfically addresstng veincle noise concerns, the pohce department issued 87 citations for loud car stereos In 2001, and increase of 83 from the same tune frame m 2000 Tins drastic Increase ~s the result of the fact that officers had no way to 3 adequately address the problem prior to the revtston Dunng the many work sessions where the revimons were dtscossed, Councd gave a clear md~cauon that enforcement on noise complmnts should be flaven a lugher priority by the pohce Nmse Violation Fines The setttng and adnumstenng of fines for ctty ordinance v~olattons is the sole purwew of the Mumopal Court Judge The Pohce Department has no dlscrehon m estabhshing fine amounts In dtscussmg the ordinance w~th the Judge, Staff learned that the Judge had reviewed the fine amounts and has dec~ded to reduce the standard fine for noise ordinance wolatlons from a total of $300 to a total of $150 (including court costs) Note After atrtal, and after presentatton of testimony and ewdence, the Court reserves the right to assess a fine as ~t deems appropriate based on the ctrcumstances of the specific case The Judge stated that the standard fine amount seemed to place the v~olat~on m hne w~th smular wolatlons At the Ctty Couned's request, Staff contacted five Metroplex crees and mqmred about their fines for no~se ordinance v~olattons Denton - $150 Carrollton - $340 l,richardson - $100' Arhngton - $146 Lew~sxalle - $152' Plano~ $295* * - tfpatd on ttme Outdoor Music Festivals Under the, new rews~on~ outdoor mustc festtvals have a spectfic noise level hnut of 70 dba at the established perimeter of the event This dtffers from the normal levels set for other ampltfied norse uses, and tt allows /'or a somewhat increased amount of sound at an estabhshed commumty event Because the nmse source at these events ts usually chstant from 4 the perimeter, the dembel levels allow for adequate enjoyment by the patrons of the event, and still help to protect the surroundmlg neighborhoods from the ~ntmsion of unwanted noise Only a few of these events have occurred since the revisions were adopted However, the provisions set forth seem to be sufficient to control noise levels With estabhshed decibel levels, event planners can take proactive steps to ensure their ability to comply Summary The overall effect of the noise revisions has been a positive step for the eity Noise complmnts are down significantly Noise from vehicles Is being addressed, and officers report that the incidence of these violations is decreasmg Warnings stdl appear to be very effective in addressing uutial complaints, as they account for almost half of the responses to complaints Staff found no sl~cant problems with the noise revisions Staff believes the revision provides clear and defensible standards and provides the necessary tools to the Pohce Department to address the vanous noise concerns occumng in the city Attachments #1 - Map showinig City Council distncts with an overlay of the rune police chstncts #2 - 2001 total noise calls by police district #3 - 2001 residential noise calls by pohce distnct #4 - 2001 Vehicle noise calls by police district #5 - Noise call disposition (2000-2001 comparison, 2001 disposition by type) #6 - No~se citations by type and day of the week #7 - 2001 noise citations by time (total and vehicle companson) #8 - Total noise citations by race/ethmcity (2000-2001 comparison) #9 - Non-vehicle noise citations by race/ethmcity (2000-2001 companson) # 10 - Vehicle noise citations by race/ethmcity (2000-2001 comparison) #11 - 2001 vehicle noise citations by race/ethmclty and police distnct OPTIONS 1 The Council can allow the ordinance to stand as adopted 2 The Council can direct staffto make further revisions to the ordinance RECOMMENDATIONS Staffrecommends Council allow the ordinance to stand as originally adopted PRIOR ACTION/REVIEW Counol Work Session January 23, 2001 Council Work Session April 24, 2001 Couned Work Session June 12, 2001 Council Meeting July 31, 2001 There are no addmonal costs assoemted w~th the ordinance as adopted Prepared by F~eld OperaUons - East 6 Council District vs Police District PD6 PD9 Legend ~ ETJ AREA ~ District 2 - JANE FULTON ~-~ District 3 - MICHAEL PHILLIP I District 4 - PERRY MCNEILL I District 1 - RAYMOND REDMON 2001 Total Noise Calls by Police Districts (Total Calls = 1175) 2001 Total Noise Calls by District 118 [] D;st 1 94 [] D~st 2 301 D~st 3 ~'1 DlSt 4 · Dist 5 171 B Dtst 6 · D~st 7 ~ Dist 8 122 160 · D~st 9 58 90 200t Total Noise Calls by District 5% 10°,% 25% 8% ~ 15% 10% 14% 5% 8% Attachment #2 2001 Residential Noise Calle by Police District (Total Calle = 901) 2001 Residential Noise Calls 54 107 89 · Dlst 2 I 235 Dist 3 I = Dlst 4I s Dlst 5I 133 a Dlst 6 t IDIst 7I s Dist 8 I 98 56 · Dlst 9 I 52 77 2001 Residential Noise Calls 6% 12% 25% 10% 11 iiiiI 15% 11% 6% 6% Attachment #3 2001 Vehicle Noise Calls by Police District (Total Calls = 128) 2001 Vehicle Noise Calls 2001 Vehicle Noise Calls Attachment ~ Noise Call Disposition Comparison 2000 1800 1600 la 2oo0 1400 1200 [] 1000 800 60O 4O0 200- O- Total Calls No Viol Wam Citation Arrest 2001 Reeldentlsl No~e Call Dl~poeltlon~ 2001 Vehicle Noise Call Dispositions 4t 14 e 17 ~001 Budness Noise Call Dbpo~ltions 2001 FTatJrnlty Noise OMI Dispositions 0 0 ~1 4 T 16 At~cll~rlent ~6 Total Noise Citations Attachment #$ 2001 Noise Citations by Time Attachment #7 Total Noise Citations by Rsce/Ethniclty Attachment #8 Non.Vehicle Nol~e Citations by Rece/Ethnicity Attachment Vehicle Noise Citation by Race/Ethnlcity Attachment #10 2001 Vehicle Citatlona by Race and Police Dlatricta 2001 Vehicle Citations by Race and Police District Dlstl DIst2 DIst3 Dist4 Dlst5 DIst6 D,st7 Dist8 Dist9 200t Vehicle Citations by Race and Police District (without 1011 E. McKinney) Dlstl Dlst2 Dlst3 Dist4 Dlst5 Dlst6 Dlst7 D~st8 D~st9 Attachment #11 ,~oenda bio ~ ARer dete~mng that a quo~ was present, ~e City Councd convened ~n a Work Session on Tuesday, J~u~ 8, 2002 at 4 30 p m m the Co.cd Work Sessmn Room at C~ty Hall P~SENT Mayor Brock, Mayor Pro Tern Beasley, Councd Members B~oughs, Fulton, McNefll, ~d Ph~lhps ~SENT Co~ml Member Re.on 1 The Co~ml received a repo~, held a d~scuss~on ~d prowded d~rectlon concerning the contract fltemat~ves for mstalhng ~e raw water tr~smmslon supply hne for the L~e Ray Robe. s Water Trea~ent Pl~t on U S ~y CoCs of Engineers prope~y T~m F~sher, Asslst~t D~rector of Water Ut~htles, stated that staff was requesting gmd~ce ~om Co.cd on ~e pmc~ement of ~e water hne Staff was recommending Optton 1 to negotiate a ch~ge order Mayor Pro Tern Beasley suggested following the staff recommendation for Option 1 Consensus of the Co~c~l was to proceed w~th Option 1 as reco~ended by staff 2 Co.cd considered requests for clmficat~on of consent agenda ~tems hsted on the consent agenda for today's C~ty Co.cfi regulm meeting of J~u~ 8, 2002 Mayor Pro Tem Beasley asked about ~e Pubhc Ut~ht~es Bo~d vote on Items ~11 ~d gl2 T~m F~sher stated that the vote was 6-0 to follow ~e staffmcommendat~on for both items Co~ml Member Re.on ~ved at the meeting Co~c~l ~ember McNedl had several ch~ges to the proposed m~nutes November 13m - ch~ge the Co~ml consensus for Item ~6 on the chin to read "fu~er study to be done" November 27th - ch~ge ~e wording on the mendment to the October 30th m~nutes dealing w~th ~e ESA st~dmds to read "as apphed to the flood plmn ~d floodway" December 12th - add the word "essentmlly" before "complete" in the sentence deahng with the consensus of the Co~c~l on the text issues Counml dascussed ~e defimtmn of "consensus" ~d the pu~ose of ~e mtnutes of meetings to reflect action ~ noted at p~lculm meetings Such actton could be amended at fut~e meetings Councd ,lso d~scussed the action thus fm concerning the Development Code ~d the feehng was that ~y 4etemmat~on made thus f~ ~d not preclude additional d~scussmn by Councd ~f needed on ~y of the ~ssues concerning the Development Code Spemal Called Meeting of the C~ty of Demon C~ty Councd on Tuesday, J~ua~ 8, 2002 at 6 30 p m in the Co~cll Chmbers at C~W Hall, 215 E McK~ey S~eet C~ty of Denton City Council Minutes January 8,~2002 Page 2 1 Pledge of Allegmnce The Council and members of the audience recited the Pledge of Allegiance to the U S and Texas flags PROCLAMATIONS/PRESENTATIONS 2 Mayor Brock presented proclamataons for Volunteer Blood Donor Month and Ryan H~gh School 3 Recognition of staff accomplishments City Manager Conduff presented staff aecomphshments CITIZEN REPORTS 4 Dess~e Goodson regarding human beings versus ammals Ms Goodson stated that the City had treated her like an ammal for the past s~x years She was still hawng problems with her utlhty bill She had an old utthty ball that she would not pay 5 Juhe Sahh regarding Solid Waste issues and the Sohd Waste ordinance Ms Sahh stated that she had concerns regarding the sohd waste ordinance and solid waste ~ssues in her neighborhood She felt a better solid waste ordinance would help with ~mproper disposal of trash She thanked Robert Hanna for helping w~th the removal of a dilapidated bmldlng in her neighborhood 6 Carl Young regarding community issues Mr Young stated that the Parks Department was cutting down trees in Fred Moore Park because they stud the trees were dead Mr Young felt that that was not true and that the Parks Department was cutting down the trees because they d~d not hke the particular type of tree He asked that the City do a feas~bthty study for a Martin Luther King, Jr Boulevard in southeast Denton and a study for the extension of Scott Street to Newton Street He had a statement read regarding a mobility plan, a comprehensive area plan and the noise ordinance 7 Wllhe Hudspeth regarding Council procedure for citizen reports Mr Hudspeth stated that he would be attenthng meetmgs for the next several weeks to present mtlzen reports as he was allowed only five minutes to speak He presented a video regarding the proposed development on Lakey Street CONSENT AGENDA Burroughs motioned, Redmon seconded to approve the Consent Agenda and accompanying ordinances and resolutions On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Plulhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned tmammously C~ty of Denton City Council M~nutes JaBuary 8,]2002 Page 3 8 Approved, with the amendments noted ~n the work session, the m~nutes of November 12, 2001, November 13, 2001, November 27, 2001, December 4, 2001, December ll, 2001, December 12, 2001, December 17, 2001, December 18, 2001, and December 19, 2001 9 NO 2002-001 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF WEST OAK STREET FROM ITS INTERSECTION WITH NORTH TEXAS BOULEVARD EAST FOR 100 FEET, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION 10 NO 2002-002 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO 2001-228 TO INCREASE THE LENGTH OF THE LIBERTY CHRISTIAN SCHOOL'S SCHOOL ZONE BECAUSE THE SCHOOL HAS ACQUIRED ADDITIONAL PROPERTY, DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE, REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONE TO A SPEED FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRANSPORTATION DEPARTMENT iNVESTIGATIONS FOR THE DESIGNATED HOURS, PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS, PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200 00), PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION, AND DECLARING AN EFFECTIVE DATE 11 NO 2002-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER WESTERN CONTRACTORS, LTD, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO 2001-192, BID NO 2612 - LAKE RAY ROBERTS 20 MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD IN THE AMOUNT OF $35,785,257, PLUS CHANGE ORDER NUMBER TWO IN THE AMOUNT NOT TO EXCEED $96,126 49, WILL BE PAID FROM FUNDS WITHIN THE EXISTING CONTRACT (ALLOWANCE BB) 12 NO 2002-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER City of Depton City Council Minutes January 8, 2002 Page 4 THREE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND ARCHER wESTERN CONTRACTORS, LTD, PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN PAYMENT AMOUNT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (ORDINANCE NO 2001-192, BID 2612 - LAKE RAY ROBERTS 20' MGD WATER TREATMENT PLANT AWARDED TO ARCHER WESTERN CONTRACTORS, LTD IN THE AMOUNT OF $35,785,257, PLUS CHANGE ORDER NUMBER THREE IN THE AMOUNT NOT TO EXCEED $71,328 36, WILL BE PAID FPdOM FUNDS WITHIN THE EXISTING CONTRACT (ALLOWANCE BB) 13 NO 2002-005 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE DESIGN AND CONSTRUCTION OF THE AIR TRAFFIC CONTROL TOWER AND AIRPORT TERMINAL BUILDING AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE 14 NO 2002-006 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AMENDMENT NO 2 OF AN AGREEMENT DATED AUGUST 15, 2000 RELATING TO A GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS PROVIDED FOR IN THE AMENDMENT, AND DECLARING AN EFFECTIVE DATE (TXDOT PROJECT NO 2002DNTON, AND TXDOT CSJ NO M218DNTON) 15 NO 2002-007 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE RECONSTRUCTION OF WATER AND WASTEWATER FACILITIES ON US HIGHWAY 77, US HIGHWAY 380 AND SHERMAN DRIVE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2775 - WATERJWASTEWATER RELOCATION FOR US HIGHWAY 77, US HIGHWAY 380 AND SHERMAN DRIVE RECONSTRUCTION AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $2,069,514) 16 NO 2002-008 AN ORDINANCE APPROVING THE EMERGENCY PURCHASE OF A CAB/CHASSIS AND ADVANCED LIFE SUPPORT MODULE REPAIRS IN pA~iRCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 102245 - TO JACK KOACH FORD/FRAZER, INC, IN THE AMOUNT OF $39,000) C~ty of Denton City Council Minutes January 8, '2002 Page 5 17 NO 2002-009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON TO PURCHASE LASER FICHE DOCUMENT IMAGING APPLICATION SERVICES FROM VP IMAGING, THROUGH A QUALIFIED INFORMATION SERVICE VENDOR (QISV) OF THE STATE OF TEXAS, AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 102246 - TO VP IMAGING, IN THE AMOUNT OF $83,643) 18 NO 2002-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CHANGE ORDER TO A PURCHASE ORDER FOR THE SUPPLY OF OFFICE FURNITURE BETWEEN THE CITY OF DENTON AND TEXAS FURNITURE SOURCE, INC , PROVIDING FOR AN INCREASE IN THE QUANTITY, AND AN INCREASE IN PRICE AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 101757 - TO TEXAS FURNITURE SOURCE, IN THE AMOUNT OF $23,309 02 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $8,454 62) 19 NO 2002-011 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF READY MIX CONCRETE AND PORTLAND CEMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2773 - ANNUAL PRICE AGREEMENT FOR READY MIX CONCRETE AND PORTLAND CEMENT AWARDED TO LATTIMORE MATERIALS COMPANY AND TEXAS INDUSTRIES (TXI) IN THE ANNUAL ESTIMATED AMOUNT OF $530,000) 20 NO 2002-012 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC METER SOCKETS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2767 - ANNUAL PRICE AGREEMENT FOR ELECTRIC METERS, CTS AND METER SOCKETS, ITEM (S) 1-12, 18-29 AND 34-47 TO WESCO DISTRIBUTION, AND ITEM (S) 13-17 AND 30-33 AWARDED TO TEXAS METER AND DEVICE IN THE ESTIMATED ANNUAL AMOUNT OF $430,000) 21 NO 2002-013 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF DIESEL FUEL DELIVERED IN Caty of Denton City Council Minutes January 8, 2002 Page 6 LESS THAN 1000 GALLON QUANTITIES, PROVIDING FOR THE EXPENDITURE OE FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2754 - DIESEL FUEL (LESS THAN 1000 GALLON DELIVERY) AWARDED TO KELSOE OIL COMPANY IN THE AMOUNT OF $80,000) 22 NO 2002-014 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTER STATION UNIFORMS, PR, OVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2763 - FIRE FIGHTER STATION UNIFORMS AWARDED TO CASCO INDUSTRIES, INC, IN THE AMOUNT OF $37,830) 23 NO 2002-015 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL COMPONENTS, ITEM 38-41, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2751 - TRAFFIC SIGNAL COMPONENTS, ITEM 38-41 AWARDED TO PARADIGM TRAFFIC SYSTEMS IN THE ESTIMATED AMOUNT OF $260,108) 24 NO 2002-016 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SINGLE PHASE CAPACITOR OIL SWITCHES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2766 - OVERHEAD CAPACITOR OIL SWITCHES AWARDED TO TECHLINE, INC IN THE ANNUAL ESTIMATED AMOUNT OF $31,800) 25 NO 2002-017 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF DECORATIVE STREETLIGHT POLES AND FIXTURES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2774 - DECORATIVE STREETLIGHT POLES AND FIXTURES AWARDED TO FRED OBERLANDER AND ASSOCIATES IN THE AMOUNT OF $30,888) 26 Approved a tax refund to Spectras~te Commtmicatlons Inc c/o Arthur Anderson LLP in the mount of $750 53 The Denton Central Appraisal Dlsmct removed the property from the tax roll 27 Approved a tax refund to Granwlle & Llnda Wright in the amount of $712 17 The 2001 property value was decreased by the Denton Central Appraisal District City of Denton Cxty Council Minutes January 8, 2002 Page 7 28 NO 2002-018 AN ORDINANCE AMENDING ORDINANCE NO 2001-193 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR TYPES OF MEETINGS AND PRESENTATIONS BY CITIZENS FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EFFECTIVE DATE PUBLIC HEARINGS 29 The Council held a public heanng and considered an ordinance amending the schedule of wastewater rates contained ~n Ordinance No 2001-335 for wastewater service, adding the provisions of the schedule respecting the storm drainage fee (Schedule SD), prowd~ng for a repealer, prowd~ng for a severabfl~ty clause, and providing for an effective date Jim Coulter, D~reetor of Water/Wastewater, presented a brief overview of the proposed fee schedule The Mayor opened the public heanng The following ~nd~wduals spoke dunng the pubhc hearing Gus Myers, Unlvers~ty of North Texas - opposed Weldon Burgoon, 6562 Gnssom Road, Denton, 76208 - opposed Erie Fullerton, 3015 North Bonme Brae, Denton, 76207 - opposed Ross Melton, 1611 Kendolph Street, Denton, 76201 - neutral The Mayor closed the public hearing The following ordinance was considered NO 2002-019 AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO 2001-335 FOR WASTEWATER SERVICE, ADDING THE PROVISIONS OF THE SCHEDULE RESPECTING THE STORM DRAINAGE FEE (SCHEDULE SD), PROVIDING FOR A REPEALER, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously 30 The Council did not hold a public heanng and d~d not consider adoption of an ordinance rezonlng approximately 0 8 acres from a One-Family Dwelhng zoning d~strlCt (SF-7) to a Planned Development zoning d~stnct The s~te was generally located on the east side of Audra Lane, south of Mack Place and north of Lee Drive A Detail Plan for four single-family lots was proposed The Planmng and Zomng Commission recommended denial (6-1) (Z01-0042) City of Denton C~ty Council M~nutes January 8, 2002 Page 8 Th~s item was w~thdrawn from cons~deratlon by the petlttoner 31 The Cotmcfl held a public heanng and considered adoption of an ordinance rezomng approximately 0 33 acres from a Single-family (SF-7) and Commercial (C) zomng district to a General Retail (GR) zomng district The site was generally located at the northeast comer of McK~nney Street and Wood The property was legally descnbed as Lot 14 and 15, Block 1 of the College View Addition in the City of Denton, Denton County, Texas A laundry and restaurant were proposed The Planmng and Zoning Commission recommended approval (7-0) (Z01-0043) Doug Powell, Director of Planning and Development, stated that there was an existing house and a vacant lot on the present location No letters in opposmon or support of the proposal had been received The Mayor opened the public heanng The following lnd~wduals spoke dunng the public heanng Ifran Sonawala, 4001 Tun'ant Main, DFW, 76040 - favor Ehmla Rodnguez, owner of current laundry/restaurant - opposed The Mayor closed the public heanng The following ordinance was considered NO 2002-020 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDiNG FOR A ZONING CHANGE FROM A ONE-FAMILY DWELLING DISTRICT (SF-7) AND A COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL (GR) WITH CONDITIONS ZONiNG DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0 33 ACRE OF LAND LOCATED BETWEEN M1NGO ROAD AND FISH TRAP ROAD, DESCRIBED AS LOTS 14 AND 15, BLOCK 1 OF THE COLLEGE VIEW ADDITION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE (Z-01-0043) Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Plulllps "aye", Redmon "nay", and Mayor Brock "aye" Motion earned with a 6-1 vote 32 The Council held a public heanng and considered adoption of an ordinance amending Ordinance 99-439 regarding proposed amendments to the Denton Comprehensive Plan Land Use Map The Planmng and Zomng Comm~ssaon recommended approval (6-1) w~th conditions (CA O I-O00 2) City of Denton C~ty Council Minutes January 8, 2002 Page 9 Doug Powell, Director of Planning and Development, stated that there were 10 Issues that composed this item and suggested that Council consider each separately He reviewed the history of the Comprehensive Plan and the coordination of it with the Development Code The Mayor opened the public heanng The following individuals spoke during the public hearing Don Frazler Gene Gamble, 2205 Bonnie Brae, Denton, 76207 - questions regarding map designations The Mayor closed the public heanng The Council considered the following items A Scripture, Jagoe, Oak and Bonnie Brae area - take out of Downtown University Core area and put in Existing Nelghborhood/Infill Compatibility district Beasley motioned, Burroughs seconded to move the area from Downtown University Core to existing neighborhood distract On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Pl'ulhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unanimously B Oak, Carroll, Blvd, the rear parcel line between Oak and Hickory and Welch Street - currently in Downtown University Core - put in Existing Neighborhood/ Infill Compatibility Beasley motioned, McNefll seconded to approve the change On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unammously C Area surrounded by IH-35W, Corbm Road, Bonnie Brae, Highland, the Union Pacific Railroad, and the southern edge of the Hickory Creek floodplain - currently m Neighborhood Centers, change to Rural Area Fulton motioned, Burroughs seconded to keep the area as staff recommended Special attention would be, paid to the development bordering the railroad On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unammously D Pockrus Page/Edwards Road area - current land use was Neighborhood Center - staff recommended no change - had been a proposal to change to regional activity center Beasley motioned, Redmon seconded to leave the area as a neighborhood center On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously City of Denton C~ty Council Minutes January 8, 2002 Page 10 E Area west of 1-35W and north of Corbtn Road - proposal to change to Neighborhood Center McNedl motioned, Fulton seconded to accept the staff recommendatton to change to a neighborhood center On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motton camed unantmously F Area north of US 380 and east of Loop 288 to Geeshng Road - make a buffer and put part in Industnal Center Beasley motioned, Burroughs seconded to approve the change as recommended by staff followtng the Planning and Zomng Commlsston recommendation On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phtlhps "aye", Redmon "aye", and Mayor Brock "aye" M0tmn canned unammously G Fort Worth Drive, south of 1-35E - proposal to change to several future land use dlstncts that respect exlsttng land use pattern Burroughs motioned, Mayor seconded to approve the change On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phillips "aye", RedmonC "aye", and Mayor Brock "aye" Motaon camed unanimously H Mayhlll area/Landfill area - change to match exmtmg development plan for landfill Beasley motioned, Burroughs seconded to approve the change On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phdhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed tmanlmously I Highway 380/F~sh Trap - change to place m an Employment Center Fulton motioned, Beasley seconded to approve the change On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phllhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously J Dallas Drive/north of Duncan - currently tn Downtown University Core area - change to Emstmg Nelghborhood/Infill compatlbdlty and Employment Centers Fulton motioned, Redmon seconded to approve the change On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phtlhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed tmanlmously The following ordinance was considered NO 2002-021 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING CERTAIN AMENDMENTS TO THE LAND USE PLAN MAP TO THE LAND USE ELEMENT City of Denton City Cotmml Minutes January 8, 2002 Page 11 OF THE DENTON COMPREHENSIVE PLAN, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (CA01-0002) Beasley motioned, Burroughs seconded to make the amendments relative to the comprehensive land use map On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Phllhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously 33 The Council held a public heanng and considered adoption of an ordinance amending Ordinance 99-439, the Moblhty Plan The Connectivity Component would provide a framework for detenmnmg connect~vity requirements for future developments The Plarmlng and Zomng CommissiOn recommended approval 5-0-1 (Kelth abstmned) (SI01-0019) David Salmon, Assistant Director of Engineering, stated that this was the third component of the mob~hty plan The connectlwty component was the framework for determining connect~vity requirements for future developments The Mayor opened the public heanng No one spoke dunng the public heanng The Mayor closed the pubhc heanng The following ordinance was considered NO 2002-022 AN ORDINANCE AMENDING THE ORDINANCE ADOPTING THE DENTON PLAN 1999-2020 BY ADOPTING THE CONNECTIVITY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON, PROVIDING A SAVINGS AND A REPEALING CLAUSE, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Mayor seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Phtlhps "aye", Redmon "aye", and Mayor Brock "aye" M0t~on earned unanimously 34 The Courted held a pubhc heanng and considered adoption of an ordinance rezomng approximately 4 2 acres generally located north of Foster Road approximately 300 feet east of Mayhdl Road, from an Agricultural (A) zomng district to a Light Industrial (LI) zoning district A Sohd Waste Administration building was proposed The Planning and Zoning Commission recommended approval (7-0) (Z01-0046) Doug Powell, Director of Planning and Development, stated that the property was currently zoned agriculture and the proposed change was to hght xndustnal use by the c~ty for a solid waste adm~mstratlon building The proposal was ~n compliance with the Comprehensive Plan Three property owner not~ces had been mmled w~th no responses City of Denton C~ty Council Minutes January 8, 2002 Page 12 The Mayor opened the public heartng No one spoke dunng the public hearing The Mayor closed the pubhc hearing The following ordinance was considered NO 2002-023 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 4 2 ACRES OF LAND GENERALLY LOCATED NORTH OF FOSTER ROAD, APPROXIMATELY 300 FEET EAST OF MAYHILL ROAD AND DESCRIBED AS TRACT 45 OF THE G WALKER SURVEY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01-0046) Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefil "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unanimously INDIVIDUAL CONSIDERATION/PUBLIC HEARINGS' 35 Crawford RoM-Schrader Annexation a The Council considered adoption of an ordinance on second reading to voluntarily annex approximately 2 67 acres of land generally located north of Crawford Road, east of Interstate H~ghway 35W and west of John Paine Road, in the City of Denton Extratemtonal Junsdmtmn The Planmng and Zomng Commmslon recommended approval (6-0) (AOl-O006) George Schrader spoke on the ~ssue The following ordinance was considered NO 2002-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 2 67 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF CRAWFORD ROAD, EAST OF INTERSTATE HIGHWAY 35W AND WEST OF JOHN PAINE ROAD, 1N THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION IN THE E PAZANO SURVEY, ABSTRACT NUMBER 994, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 7 597 ACRE TRACT DESCRIBED IN THE DEED FROM ONE LONGHORN LAND, L L C TO 1-35 CRAWFORD ROAD PARTNERS C~ty of Denton City Council M~nutes January 8, 2002 Page 13 RECORDED BY COUNTY CLERK'S FILE NUMBER 98-R0077377 REAL PROPERTY RECORDS OF DENTON, COUNTY, TEXAS, APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0006) Fulton m0tloned, Phflhps seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously b The Cotmcfl held a pubhc heanng and constdered adoption of an ordinance zoning approximately 2 67 acres of land generally located north of Crawford Road, east of Interstate H~ghway 35W and west of John Prone Road, ~n the City of Denton Extratemtonal Junsd~ctmn The Planmng and Zomng Commissmn recommended approval (6-0) (Z01-0028) The Mayor opened the pubhc heanng No one spoke dunng the pubhc hearing The Mayor closed the pubhc heanng The following ordinance was considered NO 2002-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 2 67 ACRES iN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION, THE TRACT BEING GENERALLY LOCATED NORTH OF CRAWFORD ROAD, EAST OF INTERSTATE HIGHWAY 35W AND WEST OF JOHN PAINE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION, PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed tmammously c The Council held a pubhc hearing and considered adoption of an ordinance rezomng approximately 7 5 acres from an Agricultural (A) zomng d~smct to a General Retail (GR) zomng d~stnct The property was generally located north of Crawford Road, east of Interstate H~ghway 35W and west of John Prone Road Commercial development was proposed The Planmng and Zomng Commms~on recommended approval w~th conditions (6-0) (Z01- 0040) The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng The Mayor closed the public heanng City of Denton City Council Minutes January 8, 2002 Page 14 The following ordmance was considered NO 2002-026 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 7 5 ACRES OF LAND LOCATED AT NORTHEAST CORNER OF CRAWFORD ROAD AND INTERSTATE HIGHWAY 35W, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE (Z01-0040) Fulton motioned, Beasley seconded to adopt the ordinance w~th the condittons as recommended by the Planning and Zomng Commission On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNefll "aye", Pballtps "aye", Redmon "aye", and Mayor Brock "aye" Motion canned unanimously 36 Robson Ranch North Annexation a The Council considered adoption of an ordinance on second readmg to involuntarily annex approximately 300 acres of land generally located north of Lively Road, south of FM 2449 and west of C Wolfe Road, ~n the C~ty of Denton Extraterritorial Jurisdiction The Planmng and Zomng Comm~ssmn recommended approval (5-1) (AOl-O007) Doug Powell, Director of Planmng and Development, stated that the proposal was an extension of the Robson Ranch development Council had instructed staff to work with the developers to formulate an agreement in heu of annexation Robson Ranch had indicated that it was not opposed to annexation and felt that within a year there would be gas development on the property The followmg ordinance was considered NO 2002-027 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 300 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF LIVELY ROAD, SOUTH OF FM 2449 AND WEST OF C WOLFE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION LYING WITHIN C MANCHACA SURVEY, ABSTRACT NUMBER 789, DENTON COUNTY, TEXAS, AND BEING A PORTION OF A CERTAIN CALLED 100 00 ACRE TRACT DESCRIBED IN THE DEED TO M T COLE FROM HENRY LIVELY AND WIFE, LILLIAN LIVELY, RECORDED IN VOLUME 247, PAGE 529, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING ALL OF A CERTAIN CALLED 193 57 ACRE TRACT DESCRIBED IN THE DEED TO M T COLE FROM HENRY LIVELY AND WIFE, LILLIAN LIVELY RECORDED IN VOLUME 247, PAGE 594, OF SAID DEED RECORDS, City of Denton C~ty Courlcll M~nutes January 8, 2002 Page 15 PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (A01-0007) Burroughs motioned, McNe~ll seconded to adopt the ordinance for mvoluntary annexation On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Phdhps "aye", Redmon ,,aye", andlMayor Brock "aye" Motion earned unammously b The Council held a pubhc heanng and considered adoption of an ordinance zomng approximately 300 acres of land generally located north of L~vely Road, south of FM 2449 and west of C Wolfe Road, m the C~ty of Denton Extratemtonal Jurisdiction The Planning and Zomng Commission recommended approval (5-1) (Z01-0026) The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng The Mayor closed the pubhc heanng The following ordinance was considered NO 2002-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 300 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION, THE TRACT BEING GENERALLY LOCATED NORTH OF LIVELY ROAD, SOUTH OF FM 2449 AND WEST OF C WOLFE ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION, PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-0026) Beasley motioned, Phdhps seconded to adopt the ordinance On roll vote, Beasley "aye", Burrough~ "aye", Fulton "aye", McNe~ll "aye", Pbalhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unanimously 37 Tho Operating Company Annexation a The Councd considered adoption of an ordinance on second reading to ~nvoluntanly annex 104 acres generally located north of J~m Christal Road, south of Umvers~ty and westi of Masch Branch Road, m the C~ty of Denton Extratemtonal Junsdmt~on The Planmng and Zomng Commission recommended approval (4-2) (AOl-O009) Doug Powell, Director of Planmng and Development, stated that the reason for annexatmn of th~s property was ant~mpated gas well development ~n the area Four letters of opposition from surrounding property owners had been received protesting the annexation The followmg xnchwduals spoke on the ~ssue Lmda and Mark Cole, 3676 J~m Christal Road, Denton, 76207 - opposed C~ty of Denton C~ty Council Minutes January 8, 2002 Page 16 Larry Manmng, J~m Christal Road, Denton, 76207 - opposed Bemme Patterson, J~m Clmstal Road, Denton, 76207 - opposed Redmon motioned, Fulton seconded to deny the annexation Mayor Pro Tem Beasley suggested approwng the annexation, excluding the properties #1-4 on the map up to the blue hne on #4 Redmon w~thdrew his motion and Fulton w~thdrew her second in order to receive tnput from the neighbors regarding Mayor Pro Tem Beasley's substitute motion The neighbors ~mtlally md~cated that they d~d not w~sh to be removed from the original annexation area Council took a short break to allow the netghbors to confer regarding the proposal After the break, Lar~ Remhhart, Assistant D~rector of Planmng and Development, stated that the property owners were agreeable to having the properties ~ndlcated on the map as #1-4 excluded from the annexation Upon further d~scussmn, the property owners agmn changed their pos~t~on and wanted to be ~ncluded ~n the total annexatmn proposal Fulton motmned, Redmon seconded to not annex any of the property at th~s t~me On roll vote, Beasley "nay", Burroughs "nay", Fulton "aye", McNedl "nay", Phdhps "nay", Redmon "aye", and Mayor Brock "nay" Motion faded w~th a 2-5 vote The followmg ordinance was conmdered NO 2002-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING APPROXIMATELY 67 66 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED NORTH OF JIM CHRISTAL ROAD, SOUTH OF UNIVERSITY AND WEST OF MASCH BRANCH ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION LYING AND BEING SITUATED IN THE MYERS-BRUMMET-JOHNSON SURVEY, ABSTRACT NUMBER 1699, DENTON COUNTY, TEXAS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE (Z01-0009) Beasley motioned, McNe~ll seconded to adopt the ordinance w~th the exclusion of properties #1- 4 as shown on the rewsed map On roll vote, Beasley "aye", Burroughs "aye", Fulton "nay", McNedl "aye", Phflhps "aye", Redmon "aye", and Mayor Brock "aye" Motmn carried wtth a 6-1 vote b The Councd held a pubhc hearing and considered adoption of an ordinance zomng approximately 104 acres generally located north of J~m Christal Road, south of Umvers~ty and west of Masch Branch Road, m the C~ty of Denton Extratemtonal Junsdmtton The Planmng and Zonmg Commms~on recommended approval (4-2) (Z01-0029) The Mayor opened the pubhc heanng City of De¢ton City Cotmml Minutes January 8,2002 Page 17 No one spoke dunng public hcanng The Mayor closed the public heanng The following ordinance was considered NO 2002-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND, COMPRISING APPROXIMATELY 67 66 ACRES IN THE CITY OF DENTON TO THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION, THE TRACT BEING GENERALLY LOCATED NORTH OF JIM CHRISTAL ROAD, SOUTH OF UNIVERSITY AND WEST OF MASCH BRANCH ROAD, IN THE CITY OF DENTON EXTRATERRITORIAL JURISDICTION, PROVIDING A PENALTY CLAUSE AND AN EFFECTIVE DATE (Z01-0029) Mark motioned, Phillips seconded to adopt the ordinance approving the zomng to the property that was annexed in the preceding item On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", Melqelll "aye", Ptulhps "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously ITEMS FOR INDIVIDUAL CONSIDERATION 38 Consider nominations/appointments to City Boards and Commissions Council Member Plulhps nominated Georglanne Burledge to the Traffic Safety Commission Council Member Redmon nominated Rick Woolfolk to the Airport Advisory Board Beasley motioned to suspend the rules and vote on the nominations at th~s meeting On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNelll "aye", Plulhps "aye", Redmon "aye", and Mayor Brock "aye" Motion camed unanimously On roll vote for the nominations, Beasley "aye", Burroughs "aye", Fulton "aye", McNedl "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye" Motion earned unammously 39 New Business The following items of New Business were suggested by Council Members for future agendas or information from the City Manager A, Mayor Pro Tem Beasley requested a work session item regarding the letter received from Dr Zoltner regarding the City's peddlers/sohcltatlon ordinance B, Mayor Pro Tern Beasley requested a memo to Council regarding Ms Sahh's comments on the City's solid waste ordinance with an accompanying written response to Ms Sahh C~ty of Denton C~ty Counml M~nutes January 8, 2002 Page 18 C Cotmc~l Member Redmon requested an update on the pohce chief recrmtment D Counml Member Redmon asked for a feas~bd~ty study for h~stoncal m~nonty named streets m Denton E Council Member Fulton requested a work sessmn to rewew/outhne all charges such as sewer rates/demand charges for the utd~ty department F Council Member Phillips requested a work session on prowd~ng trmmng fees expenses of fire fighters and possible insufficient trmmng funds avmlable G Cotmml Member Burroughs requested that when Councd considered the nmse ordinance rewew that a comparative analys~s on the fines associated with the ordinance be included H Mayor Pro Tern Beasley and Cotmc~l Member McNelll requested a memo regarding the removal of trees ~n Fred Moore Park 40 Items from the City Manager C~ty Manager Conduff d~d not have anything for Councd 41 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 42 There was no officml action on Closed Meeting Item(s) under Sections 551 071-551 086 of the Texas Open Meetings Act W~th no further busmess, the meetmg was adjourned at 10 42 p m EUL1NE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL M1NUTES January 9, 2002 The City of Denton City Councd held an Informational Briefing Session on Wednesday, January 9, 2002 at 5 30 p m m the Council Work Session Room at C~ty Hall PRESENT Mayor Brock, Mayor Pro Tern Beasley, Council Members Burroughs, Fulton, McNedl, Phillips, and Redmon ABSENT None 1 The Council received a report, held a d~scusslon, and gave staff d~rectlon regarding the draft Development Code Dave Hill, Assistant C~ty Manager for Development Services, stated that Councd had agreed to organize map msues according to categories Category A dealt w~th significant increase or decrease m zoning w~th no change per council policy, Category B dealt with zoning change that necessitated a comprehensive plan amendment, Category C dealt w~th justffied corrections, and Category D dealt with small mcreases or decreases in zoning Council d~scussed the relationship between the Comprehensive Plan and the Development Code Language deahng wtth special exceptions would be expanded ~n order to be more easily understood by the public Cotmcd considered the mapping issues as lndmated ~n the attached chart Category C ~tems had already been changed Council made decisions on Category D ~tems as noted on the chart The downtown des~gnatton would be taken out of L6 Changes for Category B ~tems required a Denton Plan amendment and could not be done in th~s format as a recommendation from the Planmng and Zomng Commission was needed A review of Category B ~tems showed that numbers 28, 32, 33, and 36 were already done Item #20 was goxng before the Planmng and Zomng Comm~ssmn Council Member Burroughs suggested cons~denng the rest as a whole after approval of the Code Consensus of Council was to follow that suggestion and consider it as a long range planmng ~ssue review The rewews would be c~tyqmtmted ~ssues Council considered Category A tssues Consensus of the Council on these issues was noted on the attached chart Council also agreed that the Denton B~ble Church would be changed to NRMU Commercial outdoor recreational would be allowed in all residential areas and staff would make changes to reflect proper uses Council held a discussion regarding a vote on the Code scheduled for January 15th It was decided to postpone consideration until February 5th and have a review period bmlt ~nto the ordinance for a mandatory review ~n a specific amount of t~me A work sesamn would be held January 15th at 4 30 p m to consider remmmng ~ssues 2 The City did not adjourn ~nto a Closed Meeting on any item on its Open Meeting agenda consistent w~th Chapter 551 of the Texas Government Code W~th no further business, the meeting was adjourned at 9 25 p m City of Denton City Council Minutes January 9, 2002 Page 2 EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE. February 5, 2002 DEPARTMENT. Water Utihties ACM Howard Martin, ACM/Utllmes 349-8232 ~ SUBJECT Consider approval of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional serwces agreement with Alan Plummer Associates, Inc for professional engineering services related to the Final Design of the Cooper Creek Lift Station, Force Mare, and the Pecan Creek Interceptor Sewer Project; authorizing the expenditure of funds therefor; and providing an effective date BACKGROUND Alan Plummet Assoemtes, Inc (APAI) was retmned to prowde profesmonal eng~neenng servmes to evaluate optmns for the capacity expansion of the Cooper Creek Lift Station (CCLS) APAI evaluated seven optmns for capacity expansion Based on the evaluatmn of these options APAI recommends constructmn of a new 12 mflhon gallons per day (MGD) capacity pumpmg station to replace the ex,sting CCLS A copy of the Executive Summary o£the APAI report ~s included as Exhtb~t II CCLS m an ex,sting pumping facility m the Denton Wastewater Collectmn System (see Map Exh~btt I) CCLS prowdes service to the majority of the Cooper Creek Sewer Basin Wastewater flows from the Cooper Creek Sewer Basra are hfled by CCLS ~nto the Pecan Creek Sewer Basin and then conveyed to the Pecan Creek Water Reclamation Plant CCLS was constructed m the middle 1960's The current firm pumping capacity of CCLS ~s estimated at 3 6 MGD Substantial growth has happened m the Cooper Creek Basin since the constructmn of CCLS This has lead to inadequate pumping capacity at CCLS during wet weather conditions resuinng at t~mes m overflows m the collectmn system For the Year 2020 condltmns, to accommodate growth m the Cooper Creek Sewer Basin, the Wastewater Master Plan projects 12 MGD peak flow at CCLS Rewew o£ the FEMA maps shows the existing CCLS structure ~s located m the 100-year flood plain of Cooper Creek In fact, the property around CCLS gets flooded dunng storms of less than 10-year frequency TNRCC reqmrements state that a wastewater pumping statmn shall be accessible dunng a 25-year storm condition and the structure shall not be m a 100-year floodplain The existing structure also does not meet the current OSHA requirements for worker safety Due to these serious madequac~es a new structure to house the pumps for the CCLS ~s proposed The existing force mare from CCLS ~s 16-meh d~ameter To serve the proposed 12 MGD capamty, 24-tach diameter force mmn ~s required The proposed routing of the 24qnch force mmn is along Maylull Road This force main will d~scharge ~nto the Pecan Creek Interceptor 1 sewer To, accommodate the expanded 12 MGD flows bom the CCLS and the growth in the Pecan Creek Sewer Basin for the Year 2020 conditions, the master plan recommends flow capacity of a 42-mch sewer pipe for the Pecan Creek Interceptor The existing sewer pipe system for the Pecan Creek Intemeptor consists of pipes varying in size f~om 33-tach and 27- inch at the plant to 24qnch and 21-tach at the upstream end $5,277,000 for the design and construction of CCLS, 24qnch force mmn, and the Pecan Creek Interceptorlsewer is included in the FY2002 and FY2003 Cfi Also, $1,931,000 is included in the FY200~ and FY2004 Cfi for the Loop 288 sewer line relocation due to widening of the highway by TXDOT Staff has worked with APAI to develop a cost estimate for professional englneenng services to design the CCLS, 24-tach force main, Pecan Creek Interceptor sewer and a portion of these facilities impacted by the proposed Loop 288 expansion project The APAI cost proposal is included in Exhibit 11/ The engmeenng costs were determined using the Texas Society of Professional Engineers guidelines The basic englneenng services fee for the project is estimated at $392,870, which amounts to 6 1 percent of the construction cost Fees for special services whmh include design and construction surveys, geotechnmal investigation, closed circuit TV of sewer lines, easement documents, wetland report and preliminary and final plat preparation is estimated at $240,812 The total fee including basic and special services is estimates at $640,682 The total fee amounts to 9 93 percent of the estimated construction cost As a reference staff uses 11 percent as total engineenng fees for project design in the Cfi OPTIONS 1 Approve the Professional Services Agreement for design of the proposed facilities to accommodate growth in the Cooper and Pecan Creek Bas~ns and comply with the EPA Administrative Order 2 Recommend any changes to the Professional Services Agreement 3 Do not approve the Professional Services Agreement RECOMMENDATION Staff recommends approval of the professional eng~neenng services agreement with Alan Plummer Associates, Inc ESTIMATED SCHEDULE OF PROJECT The project design is scheduled to be complete in eight months after Notice to Proceed PRIOR A~TION/REVIEW (Council~ Boards~ Commissions) City Counoll Approved the Professional Services Agreement with APAI on February 3, 1998 PUB Approved the Professional Services Cost Proposal for design of the Cooper Creek Lift Station, force main and Pecan Creek Interceptor on January 7, 2002 FISCAL INFORMATION $5,277,000~ is included in FY2002 and FY2003 Cfi for design and construction of proposed facilities Also, $1,931,000 is included in the FY2003 and FY2004 Cfi for Loop 288 sewer relocation project The Cfi* detml sheets are attached as Exhibit IV 2 Respectfully submitted J~m Coulter D~rector Water Utd~t~es Prepared by P S Arora, P E Assistant D~rector Wastewater Utdmes Exhibit I Map Exhibit II Cooper Creek Lffi Station APAI Executive Summary Exhibit III APAI Cost Proposal Exhibit iV, CIP Detml Sheets Exhibit V Ordinance Exhtb~t VI Professional Services Agreement w~th APAI Exhibit VII Pubhc Utilities Board Meeting Minutes COOPER CREEK LIFT STATION AND I' ' PECAN CREEK INTERCEPTOR, ,,,,, , EXPANSION , .... --I- I~ EXtSTtNG COOPER I iCREEK LIFT STATION PROPOSED t2" GRAVll~ ~IN'~"-~ ~ PRO~ED 14~ ~' ~'~ FOR~ ~IN AND ~ .~r~ ~ ~" ~ INTERCEPTOR ICITY OF DENTON II~ EXHiBiT i I WATER,UTILITYll , ], 4 EXECUTIVE SUMMARY Background Cooper Creek Basin ~s one of three major drainage bas~ns ~n the C~ty of Denton Th~s basin drams the area north of University Dnve/ US 380 to the Cooper Creek Dft Station (CCLS) Wastewater Is then pumped from Cooper Creek Dft Station to the Pecan Creek Interceptor where rt flows to the Pecan Creek Water Reclamation Plant (WRP) for treatment Because Cooper Creek L~ft Station was built In 1966 and is reaching capacity and because of new development In the Cooper Creek drainage system, Alan PlummerAssoc~ates, Inc (APAI) was retained by the C~ty to provide an evaluabon of the hft station and associated downstream wastewater collection system and to make appropriate recommendations Purpose Th~s report presents an evaluabon of five feasible options to prowde add~bonal capacity to the Cooper Creek System Options for both 6- and 12-mflhon gallons per day (MGD) flow rates are considered The seven options presented ~n th~s report are Option A - Construct a new 12-MGD Idt station on the ex~st~ng CCLS s~te and abandon the ex~st~ng hft station, route the force ma~n along Mayhdl Road, Optmn B - Construct a new 6-MGD lift station within a 1 5 mdhon gallon (MG) tank on the existing CCLS s~te and reserve the ex,sting hft station for emergency flows, route the force ma~n along Mayhdl Road, Optmn C -Provide additional capacity at the CCLS s~te by renovating the existing structure and upgrading pumps and equipment, Option D - Abandon the CCLS and construct a gravity sewer to the Pecan Creek Basin, Optmn E - Expand the ex~st~ng I~ft station at the Lake V~ew Ranch s~te to accept some or all of the Cooper Creek System flows, 5 Opt]on F - Construct a new 12-MGD lift station on the existing CCLS s~te and abandon the existing hft station, route force ma~n along Loop 288, and Optmn G ~ Construct a new 6-MGD hft station w~thm a 1 5 m~lhon gallon (MG) tank on the exist~ng CCLS site and abandon the ex~stlng hft stabon, route force ma~n along - Loop 288 - Procedure The improvements recommended m th~s report are based on the cost of the ~mprovements, the service hfe of the proposed faclhbes, and the need to move utlht~es due to planned road improvements Prehmlnary opinions of probable cost for each option are --A-- T --0o-n~ruct a n-~-~l~-Irff--~a~i~-~-~n~-~F~R~-fbT~-m-~Fh-~ $-6,003,000 ' ~- B ~-~-struct ~ n-~"~'6~(~[3-~i~:-~tat~on w~th a 1 5-mg we~etl ! C-6 ~ ~ehab~htate the e~st~ng ]1~ Sta~on to ~;~~ge ~ $8~0~,000 , C-12 , Rehabdi~te ~e e~s~ng li~ stabon to 12~M~ ~ D 'T~~R~8 t~Pe~ Creek i $~,~¢¢ ' ; - - E I -E~and the La~ ~Sh"~ff ~FS~ ...... ~ $7,794,000 F-~~nst~ct a new 12-MGD lift s~on ~d Loop 28~ ma~764,000 ~ G ' Cons~uct a ~ li~ sta~on ~d Loop 2~ force main i $7,¢~ A service hfe of 50 years is desired for any improvements or rehabdltat~ons made to the lift station and force main Planned road ~mprovements to Loop 288 will require the relocation of the ex,sting force ma~n and interceptor Recommendation APAI recommends that a new 12-MGD lift stat]on be constructed at the Cooper Creek Lift Station site (Option A), that the force ma~n and grawty hne be replaced w~th larger Imes routed along Mayhdl Road, and that the Pecan Creek interceptor be ~ncreased ~n s~ze to handle the 2020 flows Although this recommendation (option A), does not have the lowest Compensation Work Sheet cOOpER CREEK LIFT STATION / FORCE MAIN / INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS ENGINEERING SERVICES Bamc Services 1) Cooper Creek Lift Station Opinion of Construction Cost = $1,570,000~ Engineering Fee = 7 2% of construction cost (Curve A) Fee = $1,570,000 x 0 072 = $113,040 2) Cooper Creek Force Main / Interceptor and Pecan Creek Interceptor Cooper Creek Force/Main and Interceptor Opinion of Construction Cost 24-inch Force Main 4,500 LF x $112/LF = $505,000" 24-Inch Interceptor' 3,000 LF x $159/LF = $475,000"~ Pecan Creek Interceptor - Phase 1 Opinion of Construction Cost.v 42-Inch Interceptor 180 LF x $292/LF = $ 55,000 30-Inch Interceptor 2,437 LF x $190/LF = $460,000 33-inch Interceptor 2,186 LF x $1971LF = $430,000 24-inch Interceptor 2,517 LF x $146/LF = $365,000 Total Opinion of Construction Cost = $2,290,000 Engineering Fee = 5 7% of construction cost (Curve B) Fee = $2,290,000 x 0 057 = $ 130,530 EXHIBIT Ili7 3) Loop 288 Interceptor Opinion of Construction Costv 12-inch Interceptor 7,000 LF x $103/LF = $625,000 Engineering Fee = 8 4% (Curve A) Fee = $625,000 x 0 084 [] $ 52,500 4) Pecan Creek Interceptor- Phase II Opln,on of Construction Costv. 33-inch Interceptor 4,177 LF x $215/LF [] $895,000 24-Inch interceptor 5,785 LF x $159/LF = $915,000 18-inch Interceptor 1,034 LF x $139/LF = $155,000 Total 33", 24" = $1,810,000 Total 18" [] $ 155,000 Total Amount [] $1,965,000 Engineering Fee [] 5 7% (33", 24") (Curve B) x 0 85 Engineering Fee [] 6 9% (18") (Curve A) x 0 85 Fee [] $1,810,000 x 0 057 x 0 85 + $155,000 x 0 069 x 0 85 = $96,800 5) Total Basic Services Engineering Fee $113,040.+ $130,530 + $52,500 + $96,785 = ~392~870 Basic Services % Construction Cost = $392,870 / $6,450,000 =61% 8 Special Services A) Topographic Surveys 32,800 LF @ $2 00/LF x I 10 (mark-up) = $72~160 B) Easement Descriptions 35 easements @ $900/easement x 1 15 (mark-up) = $36,225 C) TV Inspections 20,000 LF @ $2/LF x 1 10 (mark-up) + $2,500 evaluation time = $46.500 D) Additional Project Meetings 12 meetings @ (90 miles @ 0 35/mile + 6 hrs/meet;ng @ $120/hr + $25 expenses/meeting) = ~9,318 E) Easement Site Visits 6 site visits @ (90 miles (~ 0.35/mile + 6 hrs/meet~ng @ $120/hr + $25 expenses/meeting) = ~4,659 F) Wetlands Permit Application $10.000 G) Alternate P,pe Size Evaluation $20.000 9 H) Construction Staking 22,000 LF x $1 00/LF x 1 10 (mark-up) = ~;24~200 I) Prelim,nary and Final Plat $5,500 J) Geotechnlcal Services $17,500 x 1 10 (mark-up) = $19~250 TOTAL SPECIAL SERVICES (Items A-J) $72,160 + $36,225 + $46,500 + $9,318 + $4,659 + $10,000 + $20,000 + $24,200 + $5,500 + $19,250 = $247.812 TOTAL AMOUNT (Basic Services + Special Services) $392,870 + $247,8t2 = ~640~682 Total Engineering % Construction Cost = $640,682 / $6,450,000 = 9,9% 4 10 ' Op~mon of Constructmn Cost from Cooper Creek Lafl; Stataon Prehrmnary Engineering Report (CCLSPER) including one year ofmflatmn at 5% and 15% project contmgencaes (The CCLSPER total project cost included a 15% contingency ) "Umt Cost based on CCLSPER w~th one year inflation, l~ghly developed construction area factor (as ~ncluded m the Wastewater Master Plan), and15% contmgencles (The CCLSPER total project cost included a 15% contingency ) $74/LF x 1 05 x 1 25 x 1 15 = $112/LF "~ Adjusted Wastewater Master Plan (WWMP) unit cost w~th high development, two years inflation, and 15% contingency (The WWMP included prows~ons for ~nflaUon, development lype, and contingencies ) $100/LF x 1 103 x 1 25 x 1 15 = $159/LF ,v Adjusted WWMP umt cost w~th moderate development, two years inflation, and 15% contingency Umt cost ($/LF) x 1 103 x 1 15 x 1 15 = umt cost x 1 459 v Length from the CCLSPER and adjusted WWMP umt cost wth hagh development, two years inflation, and 15% contmgancy $65/LF x 1 103 x 1 25 x 1 15 = $104/LF w Adjusted WWMP umt cost wath bagh development, two years mflatmn, and 15% contingency Unit cost ($/LF) x 1 103 x 1 25 x 1 15 -- umt cost x 1 586 EXHIBIT A CITY DENTON, TEXAS COOPER CREEK LIFT STATION / FORCE MAIN / INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS Exhibit A to the Agreement between Alan Plummer Associates, Inc (the "ENGINEER"), and the C~ty of Denton (the "OWNER"), for a PROJECT generally descnbed as cOOpER CREEK LIFT STATION / FORCE MAIN / INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS The ENGINEER agrees to furnish the OWNER the following specific services 5 11 Bas,c Engineering Services Consult with OWNER (1) to rewew the scope of work, (2) to verify the OWNER's requirements for the project, and (3) to rewew available data Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist the OWNER ,n connection with any such services Prepare a flow chart showing key project milestones The flow chart will be updated periodically and sent to the OWNER Attend three (3) design progress meet,ngs for each construction project ~n the City of Denton at a location designation by the OWNER Progress review meetings will be held In the City's office as described In Basic Services These meetings will be for at the 30% and 50% complete stage, and at the 90% complete stage (plan and profile review) Attending meetings with municipal councils and/or Public Utility Board except as ,ncluded in the Basic Services or Special Services will be an Additional Service Force Main / Interceptor Route Selection Evaluation After written authorization from the OWNER ,dent~fying the specific components to be included In the project, the ENGINEER shall provide professional services phase as follows 1. Identify the proposed route for the force main / interceptor approximately 7,500 linear-feet generally following Mayhill Road from the Cooper Creek Lift Station at Audra Lane to Pecan Creek, approximately 18,500 linear-feet of the proposed Pecan Creek Interceptors from the Pecan Creek Wastewater Treatment Plant to approximately 5,500 linear-feet west of Loop 288 to manhole PHA 1024 (as labeled in the 2001 Wastewater Master Plan by Applied Geographic Technologies, Inc), and an Interceptor along Loop 288 from Pecan Creek north approximately 7,000 linear-feet The OWNER will provide digital information for existing city-approved developments 2. Information from the Denton County Tax Appraisal office and City provided Ownership Maps will be used to determine the number of properties and ownership of property along potential pipeline routes Engineer will coordinate the pipeline routing with proposed roadways and other existing right-of-ways and/or easements where practical 3. Evaluations of the condition of the ex,sting Pecan Creek Interceptors and determining the need / or desirability to modify the currently recommended sizes of any of these proposed interceptors or force main will be a Special Service 12 4. Make recommendation of horizontal route ahgnment of force ma,n and Interceptors Revisions to the route selection made after approval by the OWNER will be made as an Additional Serv,ce. 5 Meetings with landowners concerning the proposed p~pellnes and alignments will be considered an Additional Services 6 Meetings with regulatory and other governmental agencies and utilities such as the Corps of Eng,neers, Denton County, Texas Department of Transportation, Texas Utilities, etc beyond those specifically Included In the Bas,c or Spec,al Services will be an Additional Service F Detailed Design After written authorlzat,on from the OWNER ,dent,fying the specific components to be Included In the project, the ENGINEER shall provide prefesslonal services phase as follows for three separate construction preJects' (1) Cooper Creek Lift Station, (2) Cooper Creek Force Main / Intbrceptor and Pecan Creek Interceptor - Phase I, (3) the Loop 288 Interceptor relocation, and (4) Pecan Creek Interceptor - Phase II, as follows 1 Prepare detailed plans, specifications, contract documents 2 Review easement agreement special conditions with respect to the Impact on design and construction of the pipelines Two (2) specific site visits to review proposed special condition agreements are Included, As part of Basic Services, the ENGINEER shall recommend a final vertical alignment for approval by OWNER taking Into account design requirements 3 Revisions of pipeline alignments or size due to easement negotiations or other OWNER modifications will be considered an Additional Service 4 Provide bidder's proposal forms (project quantities) for the Improvements to be constructed 5 Prepare Technical Specifications and Bid Documents 6 Preparation of separate bid documents for preselection of pumps, pipe materials and/or valves for the construction project(s) will be an Additional Service 7 Furnish the OWNER five (5) sets of copies of plans, spemficatlons, and bid proposals marked "Preliminary" for revmw and approval by the OWNER for each construction project The progress meeting with the City Is to be held at approximately 90 percent complete milestone of Detailed Design Upon receipt of OWNER'S review comments from the 90% complete progress meeting, the ENGINEER will proceed with 7 13 preparing, sealing, and submitting two (2) final sets of reproduc,ble drawings to the OWNER one full-s,ze and one half-size 8, Furnish the OWNER, when requested the engineenng data necessary for OWNER's submittal of appl,cations for routine perm,ts required by local, state and federal authorities Preparation of detailed applications and supporting documents for government grants or loans, storm water permits, tree permits, or environmental and/or archeologicai surveys will be provided as Additional Services, If required 9, Submit plans, spec,flcations, and contract documents to the applicable federal and state agency(s) for approval, where required 10 Furnish such information necessary to governmental and utility companies whose facilities may be affected or services may be requ,red for the project Four (4) four-hour meetings w,th various utdity companies, TXDOT, Denton County, etc are Included 11 The projects to be designed shall generally be as described as Option A In the Cooper Creek Lift Station Prel,mlnary Eng,neer,ng Report dated April 2001 prepared by Alan Plummer Associates, Inc, plus the recommended improvements to the Pecan Creek interceptor west of Mayhlll road as described in Alternative A1 of the 2001 City of Denton Wastewater Master Plan by Applied Geograph,c Technologies, Inc and shall consist of the following items a Project 1 A new 12-mgd Cooper Creek Lift Station w,th approximately 35,000 gallons of effective wet-well storage The pump station will be a cast-In-place concrete structure with a separate motor control / electrical budding and provisions to connect a potable standby electrical generator The lift station will be located on City of Denton property near the ex,sting Cooper Creek Lift Station b Project 2 Approximately 4,500 linear-feet of 24-Inch diameter force main and approximately 3,000 linear-feet of 24-Inch diameter Interceptor along Mayhlll Road from the Cooper Creek Lift Station at Audra Road to the Pecan Creek Interceptor (manhole PGBl100 as Identified In the 2001 Wastewater Master Plan) The Cooper Creek force main / Interceptor Is expected to be located in private easements adjacent to the Mayhdl Road right-of-way Des,gn of one (1) bore at McKInney Street ,s included Approximately 180 linear-feet of 42-Inch Interceptor, 2,437 linear- feet of 30-Inch interceptor, 2,186 linear-feet of 33-Inch Interceptor, and 2,517 linear-feet of 24.Inch ~nterceptor generally following Pecan Creek northwest from the Pecan Creek Wastewater Treatment Plant to Mayhlll Road (manholes POC 1292 and PGC 1294 - Alternative A1 as described In the 2001 Wastewater Master 14 Plan) An approximately 750 I,near-foot section north of manhole PGB 1082 Is not Included in the recommended Master Plan capital ,mprovements Des,gn of this section w,II be an Additional Service New easements are expected to be required parallel to the existing Pecan Creek Interceptor easements c Project 3 Approx,mately 7, 000 linear feet of 12-tach grav;ty interceptor along Loop 288 from Pecan Creek north toward Audra Lane This line will replace the exist,ng grav,ty ,nterceptor in the Loop 288 right-of-way that Is to be relocated due to the widening of Loop 288 This interceptor w,II be located in the right-of-way for the new Loop 288, Des,gn of one (1) bore at McK~nney Street ~s included d ProJect 4 Approxlmately 4,177 hnear-feet of 33-inch Interceptor, approx,mately 5,785 linear-feet of 24-,nch Interceptor, and approximately 1,034 I,near-feet of 184nch d,ameter interceptor west along Pecan Creek from Mayh,II Road (manholes PGC 1202 and PGC 1294) to manhole PHA 1026 (approx,mately 5,500 linear- feet west of Loop 288) An approximately 700 linear-foot section between manholes PHA 1012 and PHA 1018 ,s not included In the recommended Master Plan capital improvements Design of this section will be an Additional Serv,ce New easements are expected to be required parallel to the existing Pecan Creek Interceptor easements Des,gn of two (2) bores are included Mayhlll Road and Loop 288 12 Assist the City in conducting a pm-bid conference w,th potent,al bidders 13 Assist the OWNER in securing bids, issu,ng notice to b,dders and notifying construction news publications The notice to bidders w,II be furnished to the OWNER for publication in the local news med,a The OWNER shall pay the cost of publications The OWNER will reproduce and distribute bidding documents 14 Assist the OWNER In the tabulation and analysis of the b,ds rece,ved and furnish recommendations on the award of contracts or the appropriate actions to be taken by the OWNER G Construction Administration Services, General Representation for Projects 1, 2, and 3 (Project 4 will not be bid and construction adm,mstration services will be an Additional Service ) 1 Assist the City's Resident Project Representative In conducting a pre- construction conference with the Contractor, and ,n reviewing construction schedules prepared by the Contractor 9 15 2 Make two visits to the site for each pipeline project and four visits to the site for the lift station project (as distinguished from the continuous services of the Resident Project Representative) to observe the progress and the quality of work The ENGINEER shall become familiar with the progress and quality of work completed and will determine In general If the work Is In accordance with the contract documents In addition, on the basis of on-site observations, the ENGINEER shall keep the OWNER Informed of the progress and quality of work, and shall exercise reasonable care and due diligence ~n discovering and promptly reporting to the OWNER any defects or deflmencles m the work of CONTRACTOR or any subcontractor The OWNER's approval, acceptance, use of, or payment for all or any part or the ENGINEER's services hereunder or the PROJECT ~tself shall in no way alter the ENGINEER's obligations or the OWNER's rights hereunder 3 Consult and advise the OWNER during construction and make recommendations to the OWNER regarding materials and workmanship 4 Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill test of material and equipment and other data pursuant to the General Conditions of the Construction Contract 5 Monitor the work of tearing laboratories and inspection bureau required for the testing or Inspection of materials, factory testing, etc, for the project, but the cost of such laboratory tests or inspection shall be paid by the OWNER 6 Interpret the Intent of the Plans and Specifications for the OWNER and Contractor Investigations, analyses, and studies requested by the Contractor and approved by the OWNER, for substitutions of equipment and/or materials or deviations from the Plans and Specifications and the review of more than 100 submittals -- 40 for Project 1, and 30 each for Projects 2 and 3 -- (shop drawings, requests for Information, Contractor's modification requests, proposed contract modifications, field orders, change orders, etc) will be considered an Additional Service (Note Such studies, reviews, or evaluations conducted by the ENGINEER, If determined to be required due to Incompleteness of ENGINEER prepared Plans and Specifications will be done without additional compensation Any defective designs, Plans or Specifications furnished by the ENGINEER shall be promptly corrected by the ENGINEER at no cost to the OWNER) Monthly and final pay requests are not considered a submittal 7. Review and comment on monthly and final estimates for payment to Contractor, pursuant to the General Conditions of the Construction Contract 8. Accompany the Resident Project Representative in conducting, a final Inspection of the PROJECT for conformance with the design concept of I0 16 the PROJECT and general compliance with the contract documents, and review and comment on the Certificate of Completion and the recommendation for final payment to the Contractor Revise the construction drawings in accordance with the information furmshed by construction Contractor and the Res,dent Project Representative reflecting changes In the PROJECT made during construction One set of reproducible prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER In addit,on, an electronic file of the Record Drawings shall be furnished to the OWNER Special Services Spec,al Services are those services known to be required for completion of the project that the OWNER agrees are to be furmshed by the ENGINEER or by a subconsultant that cannot be defined sufficiently at thts time to estabhsh the maximum compensation The services are not included m the scope of work of Basic Services or the amount of compensation for Basic Services The Special Services for this assignment are described as follows A Topographic Surveys Not to exceed 32,800 linear feet for the pipehnes and two acres for the lift station Survey will include tree survey and Identification of all trees S-Inch diameter larger B Making necessary property, boundary, and right-of-way surveys, and preparing easement documents descriptions for up to 35 parcels Easements will be procured and acquired by the City Revisions to easements will be as an Additional Service TV Inspections of the existing Pecan Creek interceptors to determine the condition of the existing lines (a maximum of 20,000 LF) D Additional meetings Attending up to twelve (12) addit,onal 4-hour meetings beyond those specifically included in the Basic Serv,ces Additional meetings will Include appearing before the City Counc,I and/or the Public Utility Board, TxDOT, Denton County, and attending additional construction site visits. E Additional Easement Site Visits and P,peline Alignment Evaluations Making up to slx (6) additional site visits to review proposed easement special condition agreements beyond those specifically ~ncluded In the Basic Services F Conduct one (1) field Investigation required to delineate jurisdictional wetlands and/or waters of the United States for proposed pipeline routes 11 17 and prepare report documenting delineation of routes and identification of applicable Section 404 permit option If the extent of the unavoidable Impacts require Individual Section 404 permit, then additional services will be required for the preparation of permit application alternatives analysis, and development of mitigation plan Evaluate and make recommendations on alternabve pipeline s~zes based on the pipeline conditions as determined by the results of the TV Inspections, the ultimate proJected flows ~n each interceptor segment (as provided by the OWNER) versus the projected 2020 design flows, and the opinion of cost to increase or decrease the pipeline razes Provide construction staking for approximately 22,000 hnear-feet of pipeline and for the lift station Construction staking shall consist of establishing the horizontal ahgnment and vertical depth of the pipeline at 1,000-foot intervals and at each PI and PT as well as on each side of each road crossing For the lift station a horizontal control point and benchmark will be established Prepare and submit a preliminary and final plat for the lift station site Attendance at two (2) Planning and Zoning Commission meetings are included Attending additional P&Z or City Council meetings will be an additional service Provide geotechnlcal services consisting of up to three (3) 80-foot deep borings at the lift station site and up to ten (10) auger-type borings along the force main/interceptor routes Access to the boring sites will be provided by the OWNER Additional Services Additional Services to be performed by the ENGINEER, if authorized by the OWNER, which are not included In the above-described Basic Engineering Services or Special Services, may include, but are not limited to the following No budget allowance Is Included In this contract for Additional Services A Preparing applications and supporting documents for government grants, loans, or planning advances and prowdlng data for detailed applications B Field layouts or the furnishing of construction line and grade surveys C Revisions and changes required by OWNER for easement acqumitlon and/or other reasons to the pipeline alignments or sizes, after approval of the final alignment 12 18 D Preparing Env,ronmental, Archeologlcal Surveys, Impact Assessments, or Statement, Storm Water Discharge Permits or SWPPP, and 404 Perm,t Applications except as specifically ,ncluded In the Basic or Special Services Design or Construction Admlmstrat,on for Corps 404 Perm,t Mitigation Plan Preparation of mitigation plan annual reports document,ng surv,vabillty for five years after construction E Appearing before regulatory agenc,es or courts as an expert witness in any litigation with third parties other than condemnat,on proceedings arising from the development or construction of the project, ,nclud,ng the preparat,on of engineering data and reports for ass,stance to the OWNER F Investigations Involving detailed cons,derat,on of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appra,sals, evaluations, assessment schedules, and material audits or ~nventorles required for certification of force account construchon performed by the OWNER G Providing additional topographic surveys beyond the hmits set forth ,n Special Services H Provide shop, mill, field or laboratory ,nspection of materials and equipment I Furnishing the services of an on-site representat,ve during construct,on J Assisting the OWNER in claims disputes w,th Contractor(s) K Performing investigations, studies and analyses of substitutions of equipment and/or mater, als or dev,ations from the Plans and Specifications L Assisting OWNER or Contractor in the defense or prosecution of litigation In connection w,th or In addition to those services contemplated by this Agreement Such services, If any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and In addition to this Agreement M Sampling, testing or analysis beyond that specifically ,ncluded in Bas,c Services N Attending meetings and developing data and ,nformat,on required for zoning and/or plat approvals of construction sites, except as included In Basic Services O Attending additional meetings as requested by OWNER P Providing additional copies of Plans and Spec,flcations 13 19 Q Providing the services of land agents to assist ~n securing easements R Provide expert witness testimony as required for condemnation hearings, including the preparation of engmeenng data and reports S Preparation of an apphcat;on for a Sand, Gravel, and Mad Permit and processing of the permit apphcabon(s) T Preparabon of a B;olog~cal Assessment, ~f requested by TPWD or USFWS U Participation ~n Pubhc Heanngs V Prepare an Environmental Assessment (EA) that provides the information required by TNRCC, Corps, and other Agencies X Design of larger diameter force mains and/or interceptors than included m either the Bas~s or Special Serv,ces Y Any additional services, which may be required by the OWNER for completion of the project that are not included in the Basic Services or Special Services EXHIBIT B CITY DENTON, TEXAS COOPER CREEK LIFT STATION / FORCE MAIN / INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS Attachment B to the Agreement between Alan Plummer Associates, Inc (the "ENGINEER"), and C~ty of Denton (the "OWNER"), for a PROJECT generally described as COOPER CREEK LIFT STATION/FORCE MAIN/ INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS COMPENSATION Compensation by the OWNER to the ENGINEER wdl be as follows A Basic Services - Items A through G 14 2 o For Basic Services enumerated in Exhibit A, Items A through G, for the lump sum of Three Hundred Ninety-two Thousand Eight Hundred and Seventy Dollars ($392,870) The lump sum ~s based on rece~wng authonzabon to proceed w~th~n s~x months If the PROJECT bm~ng ~s delayed more than s~x months (e~ther at the start or during the course of the project) for causes beyond the ENGINEER's control, the ENGINEER reserves the nght to request renegobabon of those porbons of the lump sum affected by the t~me change B Special Services Items A through J For Special Services enumerated in Exhibit A, ~tems A through M, the budget amount shall be Two Hundred and Forty-Seven Thousand Eight Hundred and Twelve Dollars ($247,812) as follows A Topographic and Tree Surveys -- $ 72,160 (32,800 LF) B Easement Descnpbons -- $ 36,225 (35 easements) C TV Inspections -- $ 46,500 (20,000 LF of interceptors) D Additional Project Meetings -- $ 9,318 (12 meebngs) E Additional Easement Site V~s~ts -- $ 4,659 (6 s~te ws~ts) F Wetlands Dehneat~on Permit Apphcabon -- $10,000 (1 apphcatlon) - Lump Sum G Alternate P~pe S~ze Evaluations -- $ 20,000 -- Lump Sum H Construction Staking -- $ 24,200 (22,000 LF and 1 s~te) I L~ft Stabon Prehm~nary and F~nal Plat-- $ 5,800 (1 site) J Geotechmcal Services -- $ 19,250 (3 bores, 15 auger) Except as noted compensation shall be on an hourly bas~s ~n accordance w~th Hourly Fee Schedule 2002, specified m Exhibit B-1 C Additional Services - Items A through Y Additional Services, which may be required by the OWNER, shall be based on the actual hours and costs ~n accordance with Exhibit B-1 No budget allowance has been made for additional services No add~bonal services work w~tl be undertaken w~thout specific written authorizabon from the OWNER 15 21 Capital Improvements Project Project Tttle Cooper Creek Lift Statton Account 625-082 0471 Act~vtty/FERC 0000 ProJect Type GraPh ProJect Scope Multi-Year Prolect Group Asstgnmetlt 3 - ~,ffstaflon tmpmvemenm Descnptzon Renovabon of the hff station serving Cooper Creek Sam~ry Sewer System Basra To lncrease pumping c~pac~ty and prevent sewage backup and overflow into Cooper Creek and surrounding basra Dunng rain events the lift station is unable to pump all ~hs flow oomlng t~ the wet wel~ which causes sewage to overflow the manholes Fundtng Ut&ty Bonds F~scal Year Description Comment Date Oblect Code Amount 2002 Construction 5/1/02 9118 I $1,470,000 O0 I 2002 nspectmn 5/1/02 8562 I $30 ooo oo [ Utzlzty ~onds Total 1___~$1,~5._00_ O~Op_O_O J ?roj.ct TotalI $1 500 OOO OO ] Comments Th~s ~s a multi-year prolect begtnmng *n 1998 FY 2001 Design $300,000 FY 2002 Construction $1 500,000 page 5 of $2 IFednesday, September26, 2001 EXHIBIT IV 2 3 Capital Improvements Project Prolect T~tle Pecan Creek Interceptor Upgrade Phase 2 Account 625 082- 0471 Actzvtty/FERC oooo - ProJect Type erowth ProJect Scope Mulb Year Project Groc~p ..~s$'lgl~mg~t 4 - Collection System Upgrade Dexcrtptzon Upgrade sanitary sewer collecUon system 6 300 L F of 24" samtary sewer man 2 500 k F of 18" samtary sewer mom Purpose To reduce system ovenlows and improve Fundtng Utzlztv Bonds Fiscal Year Descnpbon Comment Date Object Code Amount 2002 ILand Acquisition I 10/1/01 8566 $380,000 O0 2002 IDeslsn I 10/1/01 8560 $108 000 O0 2002 ISurveymg I 10/1/01 8563 $90,000 O0 2003 Ilnspectlon I 10/1/02 8563 $36 000 O0 2003 IConstructlon I 10/1/02 9138 $1,975 000 O0 Unhty Bonck Total __~. $~2~ 589 000 00_1 ProJect Total L $2 589 000 O0 ] Comments Ig'ednesday, September 26, 2001 Page 31 of 82 2 4 Capital Improvements Project Project T[tte Pecan Creek Interceptor Phase 1 ACCOUIt$ 625 - 082 - 0471 Act*v~y/FERC oooo £roject Type ~rowth ProJect Scope. Multi Year Project Group Asstgnment 4- Collect:Ion System Upgrade Descrtptton Upgrade sanitar~ sewer collection system 523 L F - 42" sewer main 2,200 L F 30" sewer main 2,000 L F 24" sewer mare -Pur~3ose To reduce system ovedlows and ~mprove capacity Fun&ng Utzhty Bond~ F~scai Year Description Comment Date Oblect Code Amount 2002 [Inspectmn lO/t/O1 8562 $2I 000 O0 2002 IConstructlon t0/1/01 9138 $1,167 000 O0 Uttltty Bonds Total $1 188 000 O0 Total [ $1 188 000 O0 ] Project Comments l~edne~day, September 26, 2001 Page $0 of 82 25 Capital Improvements Project Project T~tle Loop 288 WIden,rig From Hwy 380 to 135E .~tccount 625- 082 0471 ,~ Acttvtty/FERC oeec- ProJect Type New (Mobile Equipment) ProJect Scope MuIU-Year Project Group Asszgnment 15 - State Highway Reiocaaons Descrtptxon Replace and relocate ex,sang sewer maine on Loop 288 due to State Highway expansion of the Loop Loop 288 w~demng from Hwy 380 to 135E -Purpose State w~ll not allow Denton to have utilities under the length of the H~ghway Fundtng Utthty Bonds Fmcal Year Descrlpbon Comment Date Object Code Amount 2003 Easement Acqms~tlon I 10/1/02 8566 $535 000 O0 2003 DesignI 10/1/02 8560 $94,000 O0 2003 Sumeymg 10/1702 8563 $78 000 O0 2004 Inspectmn 3.0/1/03 8562 $39 000 O0 2004 Conetructmn 10/1/03 91t4 $592 500 O0 2004 Constructloo t0/1/03 9138 I $592,500 O0 ..................... Utzl~ty Bonds TotalI $1 931,000 O0 J~rojectTotal[ $I 931 00000 ] Comments · 'ednesday, Se4Jtembe~' 26, 2001 ?age 23 of 82 26 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE FINAL DESIGN OF COOPER CREEK LIFT STATION, FORCE MAIN AND PECAN CREEK INTERCEPTOR SEWER PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Council deems that it is in the pubhc ~nterest to engage Alan Plummer Assocaates, Inca Corporation, of Fort Worth, Texas ("APAI"), to provide professional engmeenng services pertmmng to final design of Cooper Creek Laft Station, force maan, and Pecan Creek Interceptor sewer project, and WHEREAS, the City staff has reported to the City Council that there is a substantlal need for the above-referenced professional englneenng services, and that hrmted C~ty staff cannot adequately perform the spec~ahzed services and tasks w~th its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a C~ty may not select a provider of professional services on the bas~s of competitive bids, but must select the provtder on the basis of demonstrated competence, knowledge, and quahficat~ons, and for a fmr and reasonable price, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Professmnal Services Agreement w~th APAl a Corporanon, of Fort Worth, Texas, for professional engineering services pertmnmg to the final design of Cooper Creek Lift Station, force mmn and Pecan Creek Interceptor sewer project, ~n substantially the form of the Professional Services Agreement attached hereto and ~ncorporated herewith by reference SECTION 2 That the award of th~s Agreement by the C~ty ~s on the bas~s of the demonstrated competence, knowledge, and quahficat~ons of Al'Al and the demonstrated ability of APAl to perform the services needed by the C~ty for a fair and reasonable price SECTION 3 That the expenditure of funds as provided ~n the attached Professional Services Agreement is horeby authorized SECTION 4 That fins or~hnance shall become effective immediately upon its passage and approval PASSED AND APPROVED fins the day of _, 2002 EXHIBIT V EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES RELATED TO THE FINAL DESIGN OF COOPER CREEK LIFT STATION, FORCE MAIN AND THE PECAN CREEK INTERCEPTOR SEWER PROJECT THIS AGREEMENT ~s made and entered into as of the __ day of , 2002, by and between the City of Denton, Texas, a Texas MUmclpal Corporation, w~th tts pnnmpal offices at 215 East McKanney Street, Denton, Texas 76201 (hereinafter "OWNER"), and Alan Plummer Associates, Inc, a Corporation, wtth ~ts corporate offices at 7524 Mos~er V~ew Court, State 200, Fort Worth, Texas 76118 (hereinafter "CONSULTANT"), the pames acting herein by and through their respective duly-authonzed representatives and officers W1TNESSETH, that ~n conslderat~on of the mutual pmmmes, covenants, agreements here~n contmned, and m cons~derataon of the premises, the part~es hereto do mutually AGREE as follows AR TTCI,F, I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts w~th CONSULTANT, as an ~ndependent contractor, and the CONSULTANT hereby agrees to perform the serwces here~n ~n connectmn w~th the Project as stated ~n the Amcles to follow, w~th dahgence and ~n accordance w~th the professmnal standards customarily obtained for such serrates m the State of Texas The professmnal servmes set forth here~n are m connection with the followmg described project (the "Projecf') Pmwd~ng profesmonal engineering services pertmmng to the fmal design of the Cooper Creek Lffi Station, force mmn and the Pecan Creek Interceptor Sewer ProJect ARTTCI ,F, II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic Services m a professmnal manner A To perform those services as are set forth m the Scope of Services consisting of s~xteen (16) total pages, ~ncludmg Exinb~t "A" (Services), Exhibit "B" (Compensatmn), and Exhibit "C" (Compensation Work Sheet), winch Extub~ts are attached hereto, and the same are incorporated herewith by reference B If there m any conflmt that arises between the terms of flus Agreement and any or all of the Exhiints referenced m II A hercmabove, then the terms and condmons of ttus Agreement shal1 control over the terms and condmons of the attached Exlub~t(s) EXHIBIT VI 29 Page 1 of 10 ARTICLE III ADDITIONAL SERVICES Any Additional Servmes to be performed by CONSULTANT, if authorized by the OWNER, which are not ~ncluded as Basle Servmes ~n the above-described Scope of Services, set forth in Article II above, shall be later agreed-upon by OWNER and CONSULTANT, who shall determine, ~n wntmg, the scope of such Additional Sermces, the mount of compensation for such Addltmnal Services, and other essential terms pertmmng to the prows~on of such Addmonal Servmes by the CONSULTANT ARTICLE IV PERIOD OF SERVICE Tbas Agreement shall become effective upon executmn by the OWNER and the CONSULTANT and upon the ~ssuance of a not,ce to proceed by the OWNER, and shall mmmn ~n force and effect for the period that may reasonably be required for the completion of the ProJect, including Addatlonal Servmes, ~f any, and any reqmred extensions approved by the OWNER Th~s Agreement may be sooner terminated m accordance w~th the prowsmns hereof T~me ~s of the essence ~n the performance and completion of this Agreement CONSULTANT shall make all reasonable efforts to complete the servmes set forth here~n as expedat~ously as possible and to meet the schedule(s) reasonably estabhshed by the OWNER, acting through its Ctty Manager, ~ts Assistant C~ty Manager for Uttht~es, or bas designee ARTICLE V COMPENSATION A COMPENSATION TERMS 1. "Subcontract Expense" ~s defined as those expenses, ~f any, ~ncttrred by CONSULTANT m the employment of others ~n outside firms, for services ~n the area of professional engineering, or related servmes Any subcontractor or sub-consultant balhng reasonably ~ncurred by the CONSULTANT in furtherance and connection w~th the ProJect shall be invoiced to OWNER 2 "Direct Non-Labor Expense" ~s defined as that expense, based upon actual cost, for any out-of-pocket expense reasonably incurred by the CONSULTANT ~n the performance of tbas Agreement for long d~stance telephone charges, telecopy charges, messenger servmes, pnntmg and reproduction expenses, out-of-pocket expenses for purchased computer t~me, prudently ~ncurred travel expenses related to the work on the ProJect, and s~m~lar ~nmdental expenses incurred ~n connection w~th the Project B BILLING AND PAYMENT For and ~n consideration of the professional servmes to be performed by CONSULTANT hereto, OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of the Basle Servmes tasks set forth m the Scope of Servmes as shown m Artmle II above, as follows 3O Page 2 of 10 1 CONSULTANT shall perform its work on this ProJect in accordance with the provisions of those tasks winch are described and as set forth m the "Services" defined ~n Exlublt "A" attached hereto and mcorporated herewith by reference CONSULTANT shall bill on a once-monthly basis ~n accordance with the provision of the hourly blllmg rates, on a lump-sum basis as apphcable, and as otherwise provided in Exfub~ts "B" (Compensation) and "C" (Compensation Work Sheet) For and in consideration of the professional serwces to be performed by CONSULTANT herem, the OWNER agrees to pay, ~n accordance with Exhibits "B" and "C" hereto, winch are incorporated herewith by reference, a total fee, including reimbursement for direct non-labor expenses and for its subcontractor expenses, an mount not to exceed $640,682 2 Part~al payments to the CONSULTANT shall be made monthly in accordance with the statements reflecting the actual completion of the Basle Services, rendered to an approved by the OWNER through its C~ty Manager, or ~ts Assistant C~ty Manager for Utlht~es, or ins designee However, under no clmumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may vathhold the final ten (10%) percent of the above not-to-exceed amount until satlsfactmy completion of the ProJect by the CONSULTANT 3 Notinng contained m this Artmle shall require the OWNER to pay for any work that is not submitted m comphance with the terms of tlus Agreement OWNER shall not be reqmred to make any payments to CONSULTANT at any time when CONSULTANT is in default under tins Agreement 4 It is spemfically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to th~s Agreement winch would reqmre addtuonal payments by the OWNER for any charge, expense or reimbursement above the not-to-exceed amount as stated heremabove, w~thout first having obtained the prior written authorization of the OWNER CONSULTANT shall not proceed to perform any services to be later provided for under Article HI "Adthtlonal Services" wuthout first obtatmng pnor written authonzat~on from the OWNER C ADDITIONAL SERVICES For Additional Services authonzed in wntmg by the OWNER m Article IH heremabove, CONSULTANT shall be pad based on a to-be-agreed- upon Schedule of Charges Payments for Additional Services shall be due and payable upon submission by the CONSULTANT, and shall be prod ~n accordance with Amcle V B heremabove Statements for Basic Services and any Additional Services shall be submitted to OWNER no more frequently than once monthly D PAYMENT If the OWNER falls to make payments due the CONSULTANT for services and expenses within forty-five (45) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from and after the said forty-fifth (45th) day, and m addt'aon, thereafter, the CONSULTANT may, after g~wng ten (10) days written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for all amounts then due and owmg, and not disputed by OWNER, for services, expenses and charges Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth here~n, if the OWNER reasonably Page 3 of 10 determines that the CONSULTANT's work is not submitted in accordance with the terms of this Agreement, or is unsatisfactory, m accordance with Article V B of this Agreement, and OWNER has promptly notified CONSULTANT of that fact ~n writing ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exemlse reasonable care and due diligence m dlscovenng and promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT or any of its subcontractors or sub-consultants ARTICLE VII OWNERSHIP OF DOCUMENTS Ail documents prepared or furmshed by the CONSULTANT pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of tins Agreement The CONSULTANT is entttled to retain coptes of all such documents The documents prepared and fmmshed by the CONSULTANT are intended only to be applicable to this project and OWNER% use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the ~nformatlon or materials developed pursuant to tins agreement, CONSULTANT ts released from any and all liability relating to their use in that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide serrates to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or almm any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall lndemmfy and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and agmnst any and all habthty, claims, demands, damages, losses and expenses, ~ncluthng but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees tn the execution, operation, or performance of tins Agreement Notinng in tins Agreement shall be construed to create a llablhty to any person who ts not a party to tins Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any alalm, cause of action or htlgat~on filed by anyone not a party to tins Agreement, including the defense of governmental lmmumty, which defenses are hereby expressly reserved 32 Page 4 of 10 ARTICLE X INSURANCE Dunng the performance of the Serwces under tlus Agreement, CONSULTANT shall malntmn the following ~nsurance with an insurance company hcensed to do business in the State of Texas by the State Insurance Board or any successor agency, that has a rating w~th A M Best Rate Carriers of at least an "A-" or above A Comprehensive General Lmb~llty Insurance w~th boddy injury hm~ts of not less than $1,000,000 for each occurrence and not less than $1,000,000 ~n the aggregate, and wtth property damage hmlts of not less than $100,000 for each occurrence and not less than $100,000 m the aggregate B Automobile Lmb~hty Insurance wtth bodily injury lxm~ts of not less than $500,000 for each person and not less than $500,000 for each accident and w~th property damage hm~ts for not less than $100,000 for each accident C Worker's Compensation Insurance m accordance w~th statutory reqmrements, and Employer's Lmbfl~ty Insurance w~th hrmts of not less than $100,000 for each acmdent D Professional Lmbd~ty Insurance or appropriate Errors & Omissions Insurance w~th hrmts of not less than $1,000,000 annual aggregate E CONSULTANT shall furmsh insurance certxficates or insurance pohcles at the OWNER's request to evidence such coverages The ~nsurance pohc~es shall name the OWNER as an add~tlonal ~nsured on all such pohmes to the extent that ~s legally possible, and shall contmn a provtmon that such ~nsurance shall not be cancelled or modffied without tlurty (30) days prior written notme to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, dehver copies of any such substatute pohc~es, furmshmg at least the same pohcy hm~ts and coverage, to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The partaes will make efforts to settle any d~sputes arising under ttus Agreement by submitting the dispute to arb~trataon or other means of alternate d~spute resolution such as medlatmn However, no arbitration or other form of alternate d~spute resolution arising out of, or relating to tins Agreement ~nvolvlng one party's d~sagreement may include the other party to the d~sagreement wathout the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwxthstand~ng any other provision of tlus Agreement, either party may ternunate tins Agreement by providing tturty (30) days advance written nonce to the other party B Tins Agreement may alternatively be terrmnated m whole or ~n part ~n the event of e~ther party substantially falhng to fulfill ~ts obligations under th~s Agreement No such term~natton 33 Page 5 of 10 wall be effected unless the other party is given (1) written notice (dehvered by certified mml, return mcelpt requested) of ~ntent to terminate and setting forth the reasons spemfymg the nonperformance or other reason(s), and not less than tl~rty (30) calendar days to cure the fmlure, and (2) an oppormmty for consultation with the terminating party prior to termination C If the Agreement ~s terminated prior to completion of the servmes to be provided hereunder, CONSULTANT shall immediately cease all servmes upon receipt of the written notice of termmatton from OWNER, and shall render a final ball for servmes to the OWNER w~thm tweaty (20) days a~er the date of termination The OWNER shall pay CONSULTANT for all scrvmes properly rendered and satisfactorily performed, and for reimbursable expenses prior to nottce of tenmnat~on bemg received by CONSULTANT, m accordance w~th Article V of ttus Agreement Should the OWNER subsequently contract w~th a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate m providing ~nformat~on to the OWNER and to the new consultant If applicable, OWNER shall allow CONSULTANT a reasonable tn'ne to transition and to mm over the ProJect to a new consultant CONSULTANT shall turn over all documents prepared or funushed by CONSULTANT pursuant to tlus Agreement to the OWNER on or before the date of termination, but may mamtmn copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and hablhty of the CONSULTANT, ~ts officers, employees, or agents, for the accuracy and competency of their work performed pursuant to ttus Agreement, nor shall such approval by the OWNER be deemed as an assumption of such respons~bthty by the OWNER for any defect in the work prepared by the CONSULTANT, its pnnmpals, officers, employees, and agents ARTICLE X1V NOTICES All r~otmes, commumcat~ons, and reports reqmred or perrmtted under ttus Agreement shall be personally delivered to, or telecop~ed to, or totaled to the respective parties by depositing same ~n the Umted States mml at the addresses shown below, postage prepmd, certified mml, return receipt requested, ,unless otherwise sp¢cffied hereto To CONSULTANT To OWNER Alan Plummer Assocmtes, Inc C~ty of Denton, Texas A Lee Head, I]I, P E C~ty Manager 7524 Mosier View Court, Suite 200 215 East McKmney Street Fort Wortll, Texas 76118 Denton, Texas 76201 Fax (817 589-0072 Fax (940) 349-8596 All notices under tlus Agreement shall be effective upon their actual receipt by the party to whom such notice ~s g~ven, or three (3) days a~er mmhng of the notme, wluchever event shall first 34 Page 6 of 10 OCCUT ARTICLE XV ENTIRE AGREEMENT Tins Agreement consisting of ten (10) pages and three (3) Exinints constitutes the complete and final expression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, d~scussmns, communications, understand, ngs, and agreements winch may have been made m connectton with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any provision of tins Agreement ~s found or deemed by a court of competent jurisdiction to be lnvahd or unenforceable, ~t shall be considered severable l}om the remmnder of tins Agreement, and shall not cause the remainder to be mvahd or unenforceable In such event, the parhes shall reform tins Agreement, to the extent reasonably possible, to replace such stricken provision w~th a valid and enforceable provision winch comes as close as possible to expressing the original intentions of the part, es respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances apphcable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services reqmred hereunder, CONSULTANT shall not d~scnmmate against any person on the bas~s of race, color, rehg~on, sex, national ongm or ancestry, age, or physical hand~cap ARTICLE XIX PERSONNEL A CONSULTANT represents that ~t has or wall secure at ~ts own expense all personnel reqmred to perform all the serv,ces reqmred under tins Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall immediately inform the OWNER in wntmg of any conflict of interest or potential confhct of interest that CONSULTANT may dmcover, or winch may arise dunng the term of tins Agreement B OWNER reqmres that CONSULTANT carefully safeguard any documents, data, and ~nformat~on prowded by OWNER to CONSULTANT ~nmdent to tfus engagement 35 Page 7 of 10 C All services reqmred hereunder will be performed by CONSULTANT or under ~ts d~rect superv~mon All personnel engaged m performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under applicable state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any ~nterest m this Agreement (whether by assignment, novation or otherwise) w~thout the prior written consent of the OWNER CONSULTANT shall promptly notify OWNER, ~n writing, of any change of its name as well as of any material change in ~ts corporate structure, its location, and/or in ~ts operations ARTICLE XXI MODIFICATION No wmver or mochficatlon of this Agreement or of any covenant, condat~on, hmltat~on herein contatned shall be vahd unless m wntung and duly executed by the party to be charged therewith No evidence of any wmver or mochficatlon shall be offered or received in ewdence m any proceeding arising between the part~es hereto out of or affecting this Agreement, or the rights or obhgatIons of the parties hereunder, unless such waiver or modification ~s in wnt~ng, duty executed The parties further agree that the provisions of this Article will not be wmved unless as herein set forth ARTICLE XXII MISCELLANEOUS A The followung exhibits are attached to, ~ncorporated herewith by reference, and are made a part of this Agreement for all purposes pertinent Exlublt "A" Services Exlub~t "B" Compensation Exhibit "C" Compensation Work Sheet C CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactaons relating to this Agreement CONSULTANT agrees that OWNER shall have access dunng normal working hours to all necessary CONSULTANT facflmes and shall be prowded adequate and appropriate working space in order to conduct examinations or audits in comphance with this Artmle OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits C Venue of any stat or cause of aclaon under this Agreement shall lie exclusively ~n Denton County, Texas Th~s Agreement shall be governed by and construed m accordance with the laws of the State of Texas 36 Page 8 of 10 D CONSULTANT shall commence, carry on, and complete ~ts work on the Project w~th all apphcable thspatch, and m a sound, econommal, efficient manner, and un accordance wuth the provmuons hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are appropnate to ensure that the work ~nvolved ~s properly coordinated w~th related work betng camed on by the OWNER E For purposes of thus Agreement, the partues agree that the ProJect Pnnclpal shall be A Lee Head, 1II, P E, Pnnmpal The key person who wall perform most of the work w~ll unclude Clete Martm, ProJect Manager Tlus Agreement has been entered into w~th the understanthng, expectation, and the OWNER's rehance, that the above-stated employees of CONSULTANT shall perform and supervuse all or a s~gmficant pomon of the work on the ProJect Any proposed changes regardtng the change of the ProJect Manager or other key personnel, requested by CONSULTANT, respectung one or more of the above-stated employees, shall be subject to the approval of OWNER, wtuch approval the OWNER shall not unreasonably withhold Notlung herein shall limit CONSULTANT from using other quahfied and competent members of ~ts finn to perform the other ~nc~dental servmes reqmred here~n, under ~ts supervision or control F The OWNER shall assist and fully cooperate wuth CONSULTANT by placung at the CONSULTANT's dusposal all avmlable unformatuon pertinent to the ProJect, uncludung prevuous reports, any other data relative to the ProJect and arranging for the access to, and make all provusmns for the CONSULTANT to enter in or upon, pubhc and private property as reqmred for the CONSULTANT to perform professional servmes under thas Agreement OWNER and CONSULTANT agree that CONSULTANT us entitled to rely upon background tnformat~on furmshed to ~t by OWNER w~thout the need for further tnqmry or mvesUgat~on unto such ~nformataon G The captions of tins Agreement are for mformatuonal purposes only and shall not in any way affect the substantuve terms or conrht~ons oftlus Agreement 1N WITNESS WHEREOF, the C~ty of Denton, Texas has executed ttus Agreement tn four (4) original counterparts, by and through ~ts duly authorized Cuty Manager, and CONSULTANT has executed flus Agreement by and through xts duly authorized undersigned officer, on tlus the . day of ., 2002 "CITY" CITY OF DENTON, TEXAS A Mummpal Corporatuon By M~chael A Conduff, Cuty Manager 37 Page 9 of 10 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By "CONSULTANT" ALAN PLUMMER ASSOCIATES, INC A Corporation ATTEST By ~ j~ t~ecretary S \Our DocumeI~ls\Contmcts\02~Alan Plurrtrner Asso¢lat~s-CooperCreek Final PSA doc Page 10ofl0 EXHIBIT A CITY DENTON, TEXAS COOPER CREEK LIFT STATION / FORCE MAIN / INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS Exhibit A to the Agreement between Alan Plummer Associates, Inc (the "ENGINEER"), and the C~ty of Denton (the "OWNER"), for a PROJECT generally described as COOPER CREEK LIFT STATION / FORCE MAIN / INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS The ENGINEER agrees to furnish the OWNER the following specific services Bas,c Engilleering Serv,ces A Consult w~th OWNER (1) to review the scope of work, (2) to verify the OWNER's requirements for the project, and (3) to rewew available data B Adwse OWNER as to the necessity of OWNER's prowd~ng or obtaining data or services from others, and assist the OWNER m connecbon w~th any such services C Prepare a flow chad showing key project milestones The flow chart w~ll be updated periodically and sent to the OWNER D Attend three (3) design progress meetings for each construcbon project ~n the C~ty of Denton at a location designation by the OWNER Progress review meebngs w~ll be held m the C~ty's office as descnbed ~n Basic Services These meetings w~ll be for at the 30% and 50% complete stage, and at the 90% complete stage (plan and profile rewew) Attending meetings w~th municipal councils and/or Pubhc Ut~hty Board except as ~ncluded m the Basic Sen/ices or Special Sen/~ces w~ll be an Add~bonal Service E Force Main / Interceptor Route Selecbon Evaluation After written authorization from the OWNER ~denbfy~ng the specific components to be ~ncluded ~n the project, the ENGINEER shall prowde professional services phase as follows 1 Identify the proposed route for the force ma~n / ~nterceptor approximately 7,500 linear-feet generally following Mayh~ll Road from the Cooper Creek L~ft Station at Audra Lane to Pecan Creek, approximately 18,500 hnear-feet of the proposed Pecan Creek ~nterceptors from the Pecan Creek Wastewater Treatment Plant to approximately 5,500 hnear-feet west of Loop 288 to manhole PHA 1024 (as labeled C \w~ndows\TEM~Denton CCLS - EXHIBIT A doc A-1 3 9 ~n the 2001 Wastewater Master Plan by Apphed Geographic Technologies, Inc ), and an interceptor along Loop 288 from Pecan Creek north approximately 7,000 hnear- feet The OWNER w~ll prowde d~g~tal ~nformabon for ex~stmg c~ty-approved developments 2 Information from the Denton County Tax Appraisal office and City provided Ownership Maps will be used to determine the number of properties and ownership of property along potenbal p~pehne routes Engineer w~ll coordinate the plpehne routing w~th proposed roadways and other existing right-of-ways and/or easements where practical 3 Evaluations of the condition of the ex~sbng Pecan Creek ~nterceptors and determining the need / or deslrab~hty to modify the currently recommended s~zes of any of these proposed ~nterceptors or force main w~ll be a Special Service 4 Make recommendabon of horizontal route ahgnment of force ma~n and interceptors Rewslons to the route select,on made after approval by the OWNER w~ll be made as an Additional Service 5 Meetings w~th landowners concerning the proposed p~pehnes and ahgnments will be considered an Additional Services 6 Meetings w~th regulatory and other governmental agencies and ut~hbes such as the Corps of Engineers, Denton County, Texas Department of Transportation, Texas Ut~ht~es, etc beyond those specifically ~ncluded ~n the Basic or Special Services w~ll be an Additional Service F Detailed Design After wntten authonzabon from the OWNER ~dent~fy~ng the specific components to be ~ncluded ~n the project, the ENGINEER shall prowde professional services phase as follows for three separate construction projects (1) Cooper Creek L~ft Stabon, (2) Cooper Creek Force Ma~n / Interceptor and Pecan Creek Interceptor - Phase I, (3) the Loop 288 Interceptor relocabon, and (4) Pecan Creek Interceptor- Phase II, as follows 1 Prepare detailed plans, specifications, contract documents 2 Rewew easement agreement special conditions w~th respect to the ~mpact on design and construction of the p~pehnes Two (2) specific site ws~ts to rewew proposed special condition agreements are included As part of Basic Services, the ENGINEER shall recommend a final vertical ahgnment for approval by OWNER taking into account design requirements 3 Revis~ons of plpehne ahgnments or s~ze due to easement negobabons or other OWNER modifications w~ll be considered an Additional Service C \w~ndows\TEMP~Denton CCLS - EXHIBIT A doc A-2 4 0 4 Prowde b~dder's proposal forms (project quantities) for the improvements to be constructed 5 Prepare Technical Specifications and S~d Documents 6 Preparation of separate b~d documents for preselect~on of pumps, pipe matenals and/or valves for the construction project(s) w~ll be an Additional Service 7 Furnish the OWNER five (5) sets of copies of plans, specifications, and b~d proposals marked "Prehmlnary" for review and approval by the OWNER for each construcbon project The progress meeting with the C~ty ~s to be held at approximately 90 percent complete m~lestone of Detailed Design Upon receipt of OWNER'S review comments from the 90% complete progress meebng, the ENGINEER will proceed w~th prepanng, sealing, and submitting two (2) final sets of reproducible drawings to the OWNER one full-size and one half-s~ze 8 Furnish the OWNER, when requested the eng~neenng data necessary for OWNER's submittal of apphcat~ons for routine permits required by local, state and federal authorities Preparation of detailed applications and supporting documents for government grants or loans, storm water permits, tree permits, or enwronmental and/or archeolog~cal surveys will be provided as Addlbonal Services, ~f required 9 Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required 10 Furnish such mformat~on necessary to governmental and uhhty compames whose faclhfles may be affected or services may be required for the project Four (4) four- hour meetings w~th various ubllty compames, TXDOT, Denton County, etc are ~ncluded 11 The projects to be designed shall generally be as described as Option A ~n the Cooper Creek L~ft Station Preliminary Eng~neenng Report dated April 2001 prepared by Alan Plummer Associates, Inc, plus the recommended ~mprovements to the Pecan Creek interceptor west of Mayhlll road as descnbed ~n Alternabve A1 of the 2001 C~ty of Denton Wastewater Master Plan by Applied Geographic Technologies, Inc and shall consist of the following ~tems a Project 1 A new 12-mgd Cooper Creek L~ft Stabon w~th approximately 35,000 gallons of effecbve wet-well storage The pump station w~ll be a cast-in-place concrete structure with a separate motor control /electncal building and prows~ons to connect a potable standby electrical generator The hft stabon w~ll be located on C~ty of Denton property near the ex~st~ng Cooper Creek Lift Station b ProJect 2 Approximately 4,500 hnear-feet of 24-tach d~ameter force ma~n and approximately 3,000 hnear-feet of 24-~nch diameter ~ntercaptor along Mayh~lt Road from the Cooper Creek L~ft Station at Audra Road to the Pecan Creek Interceptor (manhole PGB1100 as ident~fled ~n the 2001 Wastewater Master C \wmdows\TEMP\Denton CCLS - EXHIBIT A doc A-3 4 1 Plan) The Cooper Creek force ma~n / ~nterceptor ~s expected to be located ~n private easements adjacent to the Mayh~ll Road right-of-way Design of one (1) bore at McK~nney Street ~s Included Approximately 180 hnear-feet of 42-~nch ~nterceptor, 2,437 hnear-feet of 30-~nch ~nterceptor, 2,186 hnear-feet of 33-tach ~nterceptor, and 2,517 hnear-feet of 24- ~nch interceptor generally following Pecan Creek northwest from the Pecan Creek Wastewater Treatment Plant to Mayh~ll Road (manholes PGC 1292 and PGC 1294 - Alternative A1 as descnbed ~n the 2001 Wastewater Master Plan) An approximately 750 hnear-foot secbon north of manhole PGB 1082 ~s not ~ncluded in the recommended Master Plan capital ~mprovements Design of th~s secbon w~ll be an Add~bonal Service New easements are expected to be required parallel to the exlsbng Pecan Creek ~nterceptor easements c Project 3 Approximately 7, 000 hnear feet of 12-~nch gravity ~nterceptor along Loop 288 from Pecan Creek north toward Audra Lane Th~s line w~ll replace the ex~st~ng grawty ~nterceptor m the Loop 288 right-of-way that ~s to be relocated due to the widening of Loop 288 Th~s interceptor w~ll be located ~n the nght-of-way for the new Loop 288 Design of one (1) bore at McK~nney Street is included d Project 4 Approximately 4,177 hnear-feet of 33-~nch interceptor, approximately 5,785 hnear-feet of 24-inch ~nterceptor, and approximately 1,034 hnear-feet of 18-~nch d~ameter interceptor west along Pecan Creek from Mayh~ll Road (manholes PGC 1202 and PGC 1294) to manhole PHA 1026 (apprex~mately 5,500 hnear-feet west of Loop 288) An approximately 700 hnear-foot secbon between manholes PHA 1012 and PHA 1018 ~s not included ~n the recommended Master Plan capital ~mprovements Design of th~s section w~ll be an Add~bonal Service New easements are expected to be required parallel to the ex~stmg Pecan Creek ~nterceptor easements Design of two (2) bores are included Mayh~ll Road and Loop 288 12 Assist the C~ty ~n conducting a pre-b~d conference w~th potential b~dders 13 Assist the OWNER ~n secunng b~ds, issuing not~ce to b~dders and nobfymg construcbon news pubhcet~ons The not~ce to bidders w~ll be furnished to the OWNER for pubhcat~on ~n the local news med~a The OWNER shall pay the cost of publ~cabons The OWNER will reproduce and d~stnbute b~ddmg documents 14 Assist the OWNER ~n the tabulation and analys~s of the b~ds received and furmsh recommendations on the award of contracts or the appropriate acbons to be taken by the OWNER C \w~ndows\TEMP\Denton CCLS - EXHIBIT A doc A-4 4 2 G Construction Administration Services, General Representation for ProJects 1, 2, and 3 (ProJect 4 will not be b~d and construcbon administration services w~ll be an Additional Service ) 1 Assist the C~ty's Resident Project Representative ~n conducting a pre-construction conference w~th the Contractor, and ~n rewew~ng construcbon schedules prepared by the Contractor 2 Make two ws~ts to the s~te for each p~pel~ne project and four v~s~ts to the s~te for the I~ft station project (as d~st~ngulshed from the conbnuous serwces of the Resident Project Representative) to observe the progress and the quality of work The ENGINEER shall become familiar w~th the progress and quality of work completed and w~ll determine ~n general ~f the work ~s ~n accordance w~th the contract documents In add~bon, on the bas~s of on-s~te observations, the ENGINEER shall keep the OWNER informed of the progress and quality of work, and shall exercise reasonable care and due d~l~gence ~n d~scovenng and promptly reporting to the OWNER any defects or deficiencies m the work of CONTRACTOR or any subcontractor The OWNER's approval, acceptance, use of, or payment for all or any part or the ENGINEER's services hereunder or the PROJECT ~tself shall ~n no way alter the ENGINEER's obl~gabons or the OWNER's nghts hereunder 3 Consult and advise the OWNER dunng construction and make recommendabons to the OWNER regarding materials and workmanship 4 Rewew samples, catalog data, schedules, shop drawings, laboratory, shop and m~ll test of matenal and equipment and other data pursuant to the General Cond~bons of the Construcbon Contract 5 Momtor the work of testing laboratories and ~nspect~on bureau reequ~red for the teshng or Inspection of materials, factory testing, etc, for the project, but the cost of such laboratory tests or ~nspecbon shall be pa~d by the OWNER 6 Interpret the Intent of the Plans and Specifications for the OWNER and Contractor Investigations, analyses, and studies requested by the Contractor and approved by the OWNER, for substitutions of equipment and/or matenals or dewabons from the Plans and Specifications and the rewew of more than 100 submittals -- 40 for Project 1, and 30 each for Projects 2 and 3 -- (shop drawings, requests for ~nformatlon, Contractor's modification requests, proposed contract modifications, field orders, change orders, etc ) w~ll be considered an Additional Service (Note Such studies, rewews, or evaluations conducted by the ENGINEER, if determined to be required due to incompleteness of ENGINEER prepared Plans and Specifications will be done w~thout addlbonal compensation Any defective designs, Plans or Specifications furmshed by the ENGINEER shall be promptly corrected by the ENGINEER at no cost to the OWNER ) Monthly and final pay requests are not considered a submittal 7 Review and comment on monthly and final estimates for payment to Contractor, pursuant to the General Conditions of the Construction Contract C \w~ndows\TEMP~Denton CCLS - EXHIBIT A doc A-5 4 3 8 Accompany the Resident ProJect Representative ~n conducting, a final ~nspect~on of the PROJECT for conformance w~th the design concept of the PROJECT and general compliance with the contract documents, and rewew and comment on the Certificate of Completion and the recommendation for final payment to the Contractor 9 Rewse the construction drawings ~n accordance w~th the ~nformat~on furnished by construction Contractor and the Resident Project Representative reflecbng changes ~n the PROJECT made dunng construcbon One set of reproducible pnnts of "Record Drawings" shall be prowded by the ENGINEER to the OWNER In addition, an electronic file of the Record Drawings shall be furnished to the OWNER C \w~ndows\TEMFADenton CCLS EXHIBIT A doc A-6 44 Special Services Special Services are those services known to be required for completion of the project that the OWNER agrees are to be furmshed by the ENGINEER or by a subconsultant that cannot be defined sufficiently at this t~me to estabhsh the maximum compensation The services are not included ~n the scope of work of Basic Servmes or the amount of compensation for Basic Services The Special Services for th~s assignment are described as follows A Topographic Surveys Not to exceed 32,800 hnear feet for the p~pehnes and two acres for the hft station Survey w~ll ~nclude tree survey and ~dent~ficabon of all trees 6-~nch d~ameter larger B Making necessary property, boundary, and right-of-way surveys, and prepanng easement documents descriptions for up to 35 parcels Easements w~ll be procured and acquired by the C~ty Rews~ons to easements w~ll be as an Add~bonal Service C TV Inspections of the exlsbng Pecan Creek interceptors to determine the condition of the ex~st~ng lines (a maximum of 20,000 LF) D Additional meebngs Attending up to twelve (12) add~bonal 4-hour meetings beyond those specifically included In the Basic Services Add~bonal meetings will ~nclude appeanng before the C~ty Council and/or the Pubhc Ut~hty Board, TxDOT, Denton County, and attending additional construction s~te v~s~ts E Additional Easement S~te V~s~ts and Pipehne Ahgnment Evaluations Making up to s~x (6) additional s~te v~s~ts to rewew proposed easement special cond~bon agreements beyond those specifically ~ncluded ~n the Basic Services F Conduct one (1) field ~nvestlgatlon required to dehneate junsd~cbonal wetlands and/or waters of the Un~ted States for proposed plpehne routes and prepare report documenbng dehneat~on of routes and ~dent~ficabon of apphcable Section 404 permit option If the extent of the unavoidable ~mpacts require ~nd~v~dual Section 404 permit, then add~bonal services w~ll be required for the preparation of permit apphcabon alternabves analys~s, and development of m~t~gabon plan G Evaluate and make recommendations on alternative p~pehne s~zes based on the p~pehne condibons as determined by the results of the TV mspecbons, the ulbmate projected flows in each ~nterceptor segment (as prowded by the OWNER) versus the projected 2020 design flows, and the op~nmn of cost to increase or decrease the p~pehne sizes H Prowde construction staking for approximately 22,000 hnear-feet of p~pehne and for the hft stabon Construction staking shall consist of estabhsh~ng the horizontal ahgnment and verhcal depth of the p~pehne at 1,000-foot ~ntervals and at each PI and PT as well as on each side of each road crossing For the hft station a horizontal control point and benchmark will be established C \w~ndows\TEMFADenton CCLS - EXHIBIT A doc A-7 4 5 Prepare and submit a prehm~nary and final plat for the hft station s~te Attendance at two (2) Planning and Zoning Commission meetings aro included Attending additional P&Z or City Council meebngs w~ll be an additional service J Provide geotechn~cal services consisting of up to three (3) 80-foot deep bonngs at the hft stabon s~te and up to ten (10) auger-type borings along the force mam/~nterceptor routes Access to the boring s~tes w~ll be prowded by the OWNER C\wlndows\TEMP\DentonCCLS EXHIBITAdoc A-8 4 6 Additional Services Additional Servmes to be performed by the ENGINEER, ~f authorized by the OWNER, which are not ~ncluded in the above-described Basic Engineering Servmes or Spec;al Services, may include, but are not hm;ted to the following No budget allowance ~s included m th~s contract for Additional Services A Prepanng apphcatlons and supporting documents for government grants, loans, or planning advances and prowd~ng data for detailed apphcat~ons B F~eld layouts or the furnishing of construcbon hne and grade surveys C Revisions and changes reequ~red by OWNER for easement acqu~s~bon and/or other reasons to the p~pehne ahgnments or s~zes, after approval of the final ahgnment D Prepanng Environmental, Amheologmal Surveys, Impact Assessments, or Statement, Storm Water D~scharge Permits or SWPPP, and 404 Permit Apphcat~ons except as specifically ~ncluded ~n the Basic or Special Services Design or Construcbon Administration for Corps 404 Permit Mitigation Plan Preparation of m~t~gat~on plan annual reports documenting surv~vab~hty for five years after construction E Appeanng before regulatory agencies or courts as an expert w~tness ~n any ht~gabon w~th third ,part~es other than condemnation proceedings arising from the development or construction of the project, ~ncludmg the preparation of engmeenng data and reports for assistance to the OWNER F Investigations ~nvolwng detailed cons~derabon of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or ~nventones reequ~md for cert~ficet~on of force account construcbon performed by the OWNER G Prowd~ng additional topographm surveys beyond the bruits set forth ~n Special Services H Provide shop, m~ll, field or laboratory ~nspect~on of materials and equipment Furnishing the services of an on-s~te representabve dunng construction J Assisting the OWNER ~n claims disputes w~th Contractor(s) K Performing ~nvestlgatlons, studies and analyses of substitutions of equipment and/or materials or deviations from the Plans and Specifications L Assisting OWNER or Contractor m the defense or prosecution of ht~gat~on m connection w~th or ~n add~tion to those services contemplated by th~s Agreement Such services, ~f any, shall be furnished by ENGINEER on a fee bas~s negobated by the respective part~es outside of and m addition to this Agreement C\w~ndows\TE~MP~DentonCCLS EXHIBITAdoc A-9 4 7 M Sampling, testing or analys~s beyond that specifically ~ncluded ~n Basic Services N Attending meetings and developing data and ~nformat~on required for zoning and/or plat approvals of construction s~tes, except as ~ncluded ~n Basic Servmes O Attending add~tional meetings as requested by OWNER P Prowd~ng additional cop~es of Plans and Specifications Q Providing the services of land agents to assist ~n secunng easements R Provide expert w~tness test~rnony as required for condemnation heanngs, ~nclud~ng the preparation of eng~neenng data and reports S Preparation of an apphcat~on for a Sand, Gravel, and Marl Permit and processing of the permit apphcat~on(s) T Preparation of a B~olog~cal Assessment, ~f requested by TPWD or USFWS U Participation m Pubhc Hearings V Prepare an Enwronmental Assessment (EA) that prowdes the ~nformat~on required by TNRCC, Corps, and other Agencies X Design of larger d~ameter force mains and/or ~nterceptors than included ~n e~ther the Bas~s or Special Servmes Y Any additional services, which may be required by the OWNER for completion of the proJect that are not ~ncluded ~n the Basic Services or Special Services C \wlndows\TEMF~Denton CCLS EXHIBIT A doc ~-1 0 4 8 EXHIBIT B CITY DENTON, TEXAS COOPER CREEK LIFT STATION / FORCE MAIN ! INTERCEPTORS ! PECAN CREEl( PHASE I & II INTERCEPTORS Attachment B to the Agreement between Alan Plummer Associates, Inc (the "ENGINEER"), and C~ty of Denton (the "OWNER"), for a PROJECT generally described as COOPER CREEK LIFT STATION / FORCE MAIN / INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS COMPENSATION Compensation by the OWNER to the ENGINEER will be as follows A Basic Services. Items A through G For Basic Services enumerated ~n Exhibit A, Items A through G, for the lump sum of Three Hundred Ninety-two Thousand Eight Hundred and Seventy Dollars ($392,870) The lump sum is based on rece~wng authorization to proceed w~thm s~x months If the PROJECT bm~ng ~s delayed more than s~x months (e~ther at the start or dunng the course of the project) for causes beyond the ENGINEER's control, the ENGINEER reserves the right to request renegot~atlon of those portions of the lump sum affected by the time change B Special Services Items A through J For Special Services enumerated ~n Exhibit A, ~tems A through M, the budget amount shall be Two Hundred and Forty-Seven Thousand E~ght Hundred and Twelve Dollars ($247,812) as follows A Topographic and Tree Surveys -- $ 72,160 (32,800 LF) B Easement Descnpbons -- $ 36,225 (35 easements) C TV Inspecbons -- $ 46,500 (20,000 LF of ~nteroeptors) D Additional Project Meetings-- $ 9,318 (12 meetings) E Additional Easement S~te V~s~ts -- $ 4,659 (6 s~te ws~ts) F Wetlands Delineation Permit Apphcabon -- $10,000 (1 ap¢cat~on)- Lump Sum G Alternate P~pe S~ze Evaluations -- $ 20,000 -- Lump Sum H Construction Staking -- $ 24,200 (22,000 LF and 1 s~te) I L~ft Station Prehm~nary and Final Plat-- $ 5,500 (1 s~te) J Geotechmcal Services -- $ 19,250 (3 bores, 15 auger) C \wlndows\TEMFADenton CCLS - EXHIBIT B doc B-1 49 Except as noted compensation shall be on an hourly bas~s ~n accordance with Hourly Fee Schedule 2002, specified ~n Exhibit B-1 C Additional Services - Items A through Y Additional Services, which may be mqu~red by the OWNER, shall be based on the actual hours and costs ~n accordance w~th Exhibit B-1 No budget allowance has been made for addit~onal services No additional services work w~ll be undertaken w~thout specific written authorization from the OWNER C ~wmdows\TEMP\Denton CCLS EXHIBIT B doc B-2 5 0 EXHIBIT B-I Alan Plummet Associates, Inc Engineer's Established Hourly Rates 2002 CATEGORY BILLING RATE / HOUR Pnnc~pal $160 00 Project Manager $129 00 Project Engineer/Scientist $109 00 Staff Engineer/Scientist $90 00 Technician $70 00 Word Processor $55 00 BiIhng Rates are adjusted annually A mulbpher of 1 15 w~ll be applied to all direct expenses A mulbpher of 1 10 will be apphed to all subconsultants Telecommunications charges w~ll be b~lled at $2 00 per d~rect labor hour 51 Compensation Work Sheet cOOpER CREEK LIFT STATION / FORCE MAIN / INTERCEPTORS / PECAN CREEK PHASE I & II INTERCEPTORS ENGINEERING SERVICES Basic Services 1) Cooper Creek Lift Stat,on Opinion of Construction Cost = $1,570,000~ Engineering Fee = 7 2% of construct,on cost (Curve A) Fee = $1,570,000 x 0 072 = $113,040 2) Cooper Creek Force Main / Interceptor and Pecan Creek Interceptor Cooper Creek Force/Main and Interceptor Opinion of Construction Cost 24-Inch Force Main 4,500 LF x $112/LF = $505,000;~ 24-,nch Interceptor 3,000 LF x $159/LF = $475,000"~ Pecan Creek Interceptor - Phase 1 Opinion of Construction Cost~v 42-Inch Interceptor 180 LF x $292/LF = $ 55,000 30.Inch Interceptor 2,437 LF x $190/LF = $460,000 33-Inch Interceptor 2,186 LF x $197/LF = $430,000 24-inch Interceptor 2,517 LF x $146/LF = $365,000 Total Opin,on of Construction Cost = $2,290,000 Engineering Fee = 5 7% of construction cost (Curve B) Fee = $2,290,000 x 0 057 [] $130,530 ! 52 3) Loop 288 Interceptor Opinion of Construction Cost' 12-Inch Interceptor 7,000 LF x $1031LF = $625,000 Engineering Fee = 8 4% (Curve A) Fee = $625,000 x 0 084 = $ 52,500 4) Pecan Creek Interceptor - Phase II Opinion of Construction Cost'~ 33-Inch Interceptor 4,177 LF x $215/LF = $895,000 24-inch ,nterceptor 5,785 LF x $159/LF = $915,000 18-inch Interceptor 1,034 LF x $139/LF = $155,000 Total 33", 24' [] $1,810,000 Total 18" = $ 155,000 Total Amount = $1,965,000 Engineering Fee [] 5.7% (33", 24") (Curve B) x 0 85 Engineering Fee = 6 6% (18") (Curve A) x 0 85 Fee [] $1,810,000 x 0 057 x 0 85 + $155,000 x 0 069 x 0 85 = $96,800 5) Total Basic Services Engineering Fee $I 13,040_+ $130,530 + $52,500 + $96,785 = $392,870 Basic Services % Construction Cost = $392,870 / $6,450,000 =61% 53 Special Services A) Topographic Surveys 32,800 LF @ $2 001LF x 1 10 (mark-up) = $72,160 B) Easement Descrlptmns 35 easements @ $900/easement x I 15 (mark-up) = $36,225 C) TV Inspections 20,000 LF @ $2/LF x 1 10 (mark-up) + $2,500 evaluation time = $46,500 D) Additional Project Meetings 12 meetings @ (90 miles @ 0.351mile + 6 hrs/meet,ng @ $120/hr + $25 expenses/meeting) = $9,318 E) Easement Site Vis,ts 6 site visits @ (90 miles (~ 0 35/mile + 6 hrs/meet,ng @ $120/hr + $25 expenses/meeting) [] $4,659 F) Wetlands Permit Application $10,000 G) Alternate Pipe Size Evaluation $2o,ooo 3 54 H) Construction Staking 22,000 LF x $1.00/LF x 1 10 (mark-up) [] $24,200 I) Preliminary and Final Plat $5,500 J) Geotechnlcal Services $17,500 x 1 10 (mark-up) = $19,250 TOTAL SPECIAL SERVICES (Items A-J) $72,160 + $36,225 + $46,500 + $9,318 + $4,659 + $10,000 + $20,000 + $24,200 + $5,500 + $19,250 [] $247,812 TOTAL AMOUNT (Basic Services + Spec,al Serv,ces) $392,870 + $247,812 = $640,682 Total Engineering % Construction Cost [] $640,682 / $6,450,000 = 9 9% 4 55 DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES · lanuary 7, 2002 9.00 A. M Afler determimng that a quorum of the Public UtlhtIes Board of the C~ty of Denton, Texas was present, the Public UtthtIes Board convened into an Open Meeting on Monday, January 7, 2002 at 9 00 a m in the Service Center TraImng Room, C~ty of Denton Serwce Center, 901-A Texas Street, Denton, Texas PRESENT: Dick Norton, George Hoplans, Charldean Newell, Dick Smith, Don White and Bill Cheek EX OFFICIO MEMBERS Mike Conduff, City Manager Howard Mart~n, ACM/Utthtles EXCUSED: Jim Wilson 9) Consider approval of the Professional Services Agreement with Alan Plummer Associates, Inc for final design services for the Cooper Creek Lift Station, force main, and Pecan Creek Interceptor Sewer for an amount not to exceed $640,682 P SArora, Assistant Director of Wastewater, presented flus item Arora explained that Alan Plummer Associates, lac was retained to provide professional engmeenng services to evaluate options for the capacity expansion of the Cooper Creek Lift Station Alan Plummet Associates, lac Evaluated seven options for capacity expansion Based on the evaluation of these options Alan Plummet Associates, Inc recommends construction of a new 12 million gallons per day (MGD) capacity pumping station to replace the eyastmg CCLS Arora reformed the Board that Cooper Creek Lift Station is an existing pumping facility In the Denton Wastewater Collection System providing service to the majority of the Cooper Creek Sewer Basra The current pumping capacity of CCLS is estimated at 3 6 MGD There has been substantial growth since 1960's when CCLS was constructed Tl~s has lead to inadequate pumping capacity dtmng wet weather conditions resulting at times in overflows In the collection system For the year 2020 conditions, to accommodate growth in the Cooper Creek Sewer Basra, the Wastewater Master Plan projects 12 MGD peak flow at CCLS Arora also reported that the existing CCLS does not meet OSHA reqmrements for worker safety and the property floods during storms of less than 10-year frequency TNRCC reqmrements state that a wastewater pumping station shall be accessible dunng a 25-year storm condition and the structure shall not be in a 100-year floodplain Due to these serious inadequacies, a new structure to house the pumps for the CCLS is proposed Arora explained that basic engineenng service fees for the project are estunated at $392,870, or 6 1% of the construction cost Fees for special services which include design and construction surveys, geoteehmcal investigation, closed e~reuit TV of sewer lines, easement documents, wetland report and preliminary and final plan preparation are estimated at $240,812 The total fee amounts Page I of 2 EXHIBIT VII s e to 9 93% of the estunated construction cost Cheek asked if the fee would be prod m a lump sum Arora indicated that it would not Cheek then asked what kind of hablhty the Englneenng firm has Arora answered by stating that their hablhty extends through the construction phase of the project Cheek moved to approve White seconded Motion was approved unanimously Page 2 of 2 § 7 AGENDA INFORMATION SHEET AGENDA DATE: February 5, 2002 DEPARTMENT: City Manager's Office CM M~ke Cunduff, C~ty Manager SUBJECT Consider adoption of an ordinance ordenng an elect~on to be held m the C~ty of Denton, Texas, on May 4, 2002, and if a runoff election ~s reqmred, on June 1, 2002, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the C~ty Council of the City of Denton, Texas, designating votmg places, appointing elect~on offimals, prowdmg for early voting, providing for bthngual not,ce of the elect~on, ordenng that an electromc voting system be used, making addlt~onal provls~ons for the conduct thereof, prowdlng an open meetings clause, and providing for an effective date BACKGROUND Approval of this ordinance would formally call the May 4, 2002 City Councd elect~on The ordinance eontmns all of the provisions necessary to fulfill the reqmrements of the Texas Election Code, including elect~on judges and alternate election judges (%~ctfully submitted fi r~ fe~V-~lt ~s ty Se6retary ORDINANCE NO AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 4, 2002, AND, · A RUNOFF ELECTION IS REQUIRED, ON JUNE 1, 2002, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, DESIGNATING VOTING PLACES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR EARLY VOTING, PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION, ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED, PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That a mumc~pal electaon ,s ordered to be held ,n the City of Denton, Texas, on Saturday, May 4, 2002, such date being aumform elect~on date as defined tn Tex Elec Code §41 001, as amended (the "Code"), for the purpose of electing Coun¢flmembers for Places 5 and 6 and electing a Mayor to Place 7 In the event a runoff is reqmred, the runoff electron shall be held on Saturday, June 1, 2002 SECTION 2 That the polhng places, winch shall be open from 7 00 a m to 7 00 p m, shall be as follows Voters residing m Dastnct No 1 shall vote at MARTIN LUTHER KING, JR RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2 Voters residing m D~stnct No 2 shall vote at FIRE STATION NO 4 2110 SHERMAN DRIVE DENTON, TEXAS 3 Voters rcsadmg m District No 3 shall vote at NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4 Voters residing m District No 4 shall vote at DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS Page 1 S \Our Doeuments\Ordtnances\02\Electlon Ordinance doc SECTION 3 That the election officials for the election and the runoff, if any, shall be as follows 1 For the Central Counting Station George Spuller, Presiding Judge, Don Alexander, Manager, and Randle Gemtman, Tabulation Supervisor 2 For District No 1 Ruby Cole, Preslchng Judge and Betty Kimble, Alternate Judge 3 For District No 2 Dons Chapman, Presiding Judge and Mary Mecay, Altemate Judge 4 For District No 3 Bill Wflhamson, Presiding Judge and Shen3' Darby, Alternate Judge 5 For District No 4 Jlmmle Colvllle, Presiding Judge and Mary Moms, Alternate Judge 6 Jenmfer Walters, City Secretary, shall conduct early votmg under the Texas Election Code 7 George Spuller shall be Presiding Judge for the Early Ballot Board The preslchng judge of the Central Counting Station and of each rhsmct are authonzed to appoint a sufficient number of clerks as necessary to assist them m the election, including bilingual assistants as required by law The rate of pay for election judges and clerks shall be the maximum amount pmwded for by State law SECTION 4 That early voting shall be conducted for the election, and the runoff election if necessary, by the Office of the City Secretary m the Mumclpal Bmldlng at 215 East Mclrdnney Street m the C~ty of Denton, Texas The polls for early voting by personal appearance shall be open between the hours of 8 00 a m and 5 00 p m Monday through Friday, commencing April 17, 2002, and endang on April 30, 2002 In adahtaon, early voting shall be held on Saturday, April 20, 2002, between the hours of 10 00 a m and 3 00 p m, at the same location as weekday early voting SECTION 5 That the Mayor is hereby directed to provide notice of the election, and the runoff electron if necessary, m accordance with Sections 4 002 and 4 003 of Texas Election Code and as reqmred by other applicable prowmons of the law, the notme to be prmted in the Spamsh language and the Enghsh language SECTION 6 That an electromc voting system using optically scanned ballots, meetang the requirements of Chapter 124 of the Code, shall be used for smd election Preparation of the necessary eqmpment and official ballots for the election shall conform to the requirements of the Code SECTION 7 That City Secretary is authorized to prepare the official ballot for the election and perform every act reqmred by the City Charter and laws of the State of Texas for holding elections SECTION 8 The election officers named above shall make returns for the election m the manner required by law The ballots that are properly marked in conformance w~th the provisions Page 2 S \Our Documents\Ordmanees\02\Eleet~on O~dmanee doe of the Texas Elect~on Code for votes cast both dunng the period of early votang and on the date of the election shall be counted m the manner reqmred by law SECTION 9 That the manner of holding such election and all questions pertmnlng thereto shall be governed by the election laws of the State of Texas SECTION 10 Substantial copies of tins ordinance m both English and Spamsh shall serve as proper notice of the election and smd notice shall be (a) published at least once ~n a newspaper of general circulation pubhshed w~ttun the City, not less than the tlumeth day or later than the tenth day before the elect~on, (b) posted, not later than the twenty-first day before the elect~on day, at a pubhc place in each elect~on district that is in the jtmsthctlon of the city, (c) posted, not later than the twenty-first day before election day a copy of the notice, which must ~nclude the location of each polling place, on the bulletin board used for posting notices of meetings of the City Council of the City, and (d) posted, as may otherwise be required by Tex Elec Code §4 003 and other apphcable law SECTION I 1 That the City Cotmml has found and determined that the meeting at wtuch th~s ordinance ~s considered ~s open to the public and that notice thereof was given m accordance with provtstons of the Texas open meetings law, Tex Gov't Code ch 551, as amended, and that a quorum of the City Council was present SECTION 12 That tbas orthnance shall become effective ~mmethately upon its passage and approval PRESENTED, PASSED AND APPROVED on the __ day of ., 2002, at a regular meeting of the City Council of the City of Denton, Texas, by a vote of __ ayes and nos at the regular meeting of the City Council of the C~ty of Denton, Texas EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 3 ~tmda Item ~/,~ - AGENDA INFORMATION SHEET AGENDA DATE. February 5, 2002 DEPARTMENT. Sohd Waste ACM Howard Martin, 349-8232 ~ SUBjeCT. A resolution of the City Council of the City of Denton, Texas, authorizing the City Manager, as Denton's authorized representative, to file a project application with the North Central Texas council of governments ("NCTCOG") for a regional solid waste program local project; authorizing the City Manager to act on behalf of the City of Denton in all matters related to the application, and pledging that if a project is received, the City of Denton will comply with the project requirements of the NCTCOG, the Texas Natural Resource Conservation Comnussion and the State of Texas (Municipal Litter Abatement and Waste Receptacles - $99,670.20); and providing an effective date BACKGROUND. Through the Texas Natural Resource Conservation Commission (TNRCC), the North Central Texas Council of Governments (NCTCOG) administers the solid waste grants program fi:om fees collected on solid waste disposal ProJect funds are designated for joint and local solid waste projects dunng the State fiscal year that began on September 1, 2001 The propose of thrs program IS to provide funding for ehglble local and regmnal mumcipal solid waste management projects ~n support of the goals and objectives set forth in the Regional Solid Waste Management Plan for North Central Texas, 1990-2010 Approximately $1 8 mllhon of project funding will be available for projects In FY2002 The City of Denton provides municipal solid waste collection services to numerous public locations, including city hall, city hall west, c~ty hall east, municipal service center, civic center, senior center, city parks, libraries, and many other public locations throughout Denton Many of these various public locations' waste receptacles are fifty-five gallon barrels All pubhc waste receptacles located at the various pubhc sites throughout Denton are emptied manually The proposed City of Denton project, funded through a NCTCOG grant, would enable the City of Denton to standardize exterior mumcipal waste receptacles throughout the City by purchasing covered (dome shaped) outdoor waste receptacles whmh could be serviced with semi-automated and automated eqmpment The placement of standardized waste receptacles throughout Denton would Improve public site wsual esthetics, increase Denton's citizen's awareness of the contmners, and Improve waste receptacle collection efficiencies by · Prowdmg the C~ty of Denton w~th easily recogmzable and standar&zed s~xty-gallon plastm waste receptacles, lmpnnted w~th permanent City of Denton custom graphics, at pt~bhc mumclpal locations · Reducing htter m City of Denton public locatmns through placement of waste receptacles at City of Denton pubhc locatmns · Enabhng the waste to be routinely and efficiently collected using semi-automated or automated eollect~on eqmpment The lmtml phase of the program w~ll convert Parks and Recreatmn contmners Th~s program wall be cost neutral or a cost savings to Sohd Waste and Parks and Recreation OPTIONS. 1 Submit a NCTCOG grant apphcat~on for project fun&ng 2 Do not subrmt a NCTCOG grant apphcatlon for project funding RECOMMENDATIONS' The staff recommends a NCTCOG grant apphcatlon be submitted for consideration for the fun&ng of Mumclpal Litter Abatement and Waste Receptacles in the City of Denton ESTIMATED SCItEDULE OF PROJECT. The NCTCOG schedule for FY 2002 Project Sohcltatlon, Review, and Selection is December 14, 2001 - NCTCOG requests for ProJects January 18, 2002 - ProJect apphcatmns due to NCTCOG February 22, 2002 -NCTCOG recommends top projects for funding February 28, 2002 -NCTCOG Executive Board approves project rankings February 28, 2002 through March 14, 2002 - TNRCC rewews the NCTCOG recommended project hst for project ehg~bfllty August 31, 2003 - Recommended projects must be completed by th~s date The City of Denton project dates are included w~tlun the attached proposal, Exhibit II Service of the waste receptacles will begin by January 2003, and be ongoing PRIOR ACTION/REVIEW (Council, Boards, Commission)' The Pubhc Utlht~es Board recommended approval for the sohd waste department to apply for a NCTCOG grant t~tled, Mummpal L~tter Abatement and Waste Receptacles, dunng their meeting of January 7, 2002 (6-0) 2 FISCAL INFORMATION: ProJect grant funding ~s proposed for $99,670 20 If a NCTCOG grant ~s awarded, the C~ty of Denton wlll complete the project Respectfully submitted ance emler D~rector of Sohd Waste Exhibit I Grant Resolution Exhibit II Grant Proposal Exhibit IH Pubhc Utdlt~es Board Meeting Mmutes RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ('~NCTCOG") FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT, AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF DENTON 1N ALL MATTERS RELATED TO THE APPLICATION, AND PLEDGING THAT 1F A PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE STATE OF TEXAS (MUNICIPAL LITTER ABATEMENT AND WASTE RECEPTACLES $99,670 20), AND PROVIDING AN EFFECTIVE DATE WHEREAS, the North Central Texas Council of Governments (hereafter "NCTCOG") is directed by the Texas Natural Resource Conservation Commission to administer solid waste project funds for implementation of the Council of Government's adopted regional solid waste management plan, and WHEREAS, the City of Denton in the State of Texas is qualified to apply for project funds under the Request for Projects, NOW, THEREFORE, NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION I That the City Manager of the City o£ Denton, Texas, is anthonzed to request project funding under the North Central Texas Council o£ Governments Request for ProJects of the Regional Solid Waste Local Project Funding Program for the Municipal Litter Abatement and Waste Receptacles Grant Apphcatlon, and to act on behalf of the City of Denton in all matters related to the project apphcatmn and any subsequent project contract, and project that may result SECTION 2 That if the project is funded, the City of Denton, Texas will comply with the project requirements of the NCTCOG, the Texas Natural Resource Conservation Commission, and the State of Texas SECTION 3 That the project funds and any proJect-funded equipment or facilities will be used only for the purposes for which they are intended under the project SECTION 4 That activities will comply with and support the adopted regmnal and local sohd waste management plans adopted for the geograplucal area in which the activities are performed EXHIBIT SECTION 5 That tins ~csolutlon shall become effective ~mmed:ately upon ~ts passage and approval PASSED AND APPROVED th~s the clay of ,2002 [ ULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CI FY ATTORNEY Ely ¢~v~ ~ ~ S \Our Documents\Rosolutlons\02\N( I COG Gl dllt }~.,-so[tl[IOl~ 0202 Sohd W ~tL doc The CITY OF DENTON, TEXAS Regional Sohd Waste Project Proposal submitted to the NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS MUNICIPAL LITTER ABATEMENT AND WASTE RECEPTACLES Prepared by Denton Mumc~pal Utlht~es Sohd Waste Department D~rector of Sohd Waste, A Vance Kemler "De&cated to Quahty Servzce" EXHIBIT hs Municipal Litter Abatement and Waste Receptacles A Cr~ter~afortheFY2OO2ProjectCyele This Cxty of Denton proposed project, Mnn~c~pal Lxtter Abatement and Waste Receptacles, meets the cntena estabhshed m the Regional Sohd Waste Management Plan for North Central Texas £or the FY 2002 project cycle The Project has been rewewed by the C~ty o£Denton staff and ~t has been determined that all project actxvmes are techmcally feasible, and can be eamly and satisfactorily completed wxthxn the project penod as set forth ~n the Request For Projects documentation prowded by the NCTCOG B Project Merit and Need a The C~ty &Denton experiences both high incidents and quantxt~es of dlegally dtnnped waste on pubhcly and privately owned prope~es A hxgher incidence occurs m areas that don't abut other c~t~es, but are rural in nature and do not recmve comprehenmve sohd waste services Waste ~s being transported urto our commumty bom outlying areas and being dlegally dumped or depomted on public and private property The ~ntent ofth~s project m to mxtmte a Iong term program to prowde standard~zed contmners m public areas which hmlt access to the contmner for dlegal dumping, to prowde additional contmners ~n pubhc areas to encourage htter abatement, and to provide large waste contmners for handhng the cleanup and d~sposal of dlegal du~pmtes m areas such as green spaces, trmls, vacant lots, nature areas, and parks The C~ty o£Denton's mumc~pal employees are the exclumve prowders of sohd waste dmposal and collection servxces to Denton's cmzens and bumnesses including numerous pubhc buddings, fac~ht~es, and undeveloped pubhc property, including C~ty Hall, Cxty Hall West, C~ty Hall East · Mumc~pal Serwce Center · C~vlc Center * Senior Center · City Parks · Green Spaces and Trmls · Libraries · Other Pubhcly Owned Properties Many of these pubhc locations where mummpal waste collect~on services are prowded are generally supphed w~th fifty-five gallon barrels, or various other types of metal, concrete, or wooden extenor waste contmners and receptacles Non-sohd waste personnel, operating under lndlwdual departmental estabhshed p~ckup frequenmes, manually empty most of these mummpal waste receptacles Sohd waste personnel service contmners which can be emptied w~th automated and semi-automated collection eqmpment The proposed C~ty of Denton project, partially funded through a NCTCOG grant, would enable the C~ty of Denton to ~mtlate a program to standardize on a few types of exterior mumc~pal sohd waste receptacles throughout the City by ~nmally purchasing roll-off containers and covered (dome shaped) outdoor waste receptacles wluch would be serviced at routine and scheduled intervals, and m the future adding other types and s~zes of contmners that would fit the service needs of different types of areas The placement of standard~zed waste receptacles in Denton would ~mprove the C~ty's overall wsual esthetics, increase D enton's mt~zen's awareness of the waste receptacles, and improve waste receptacle collection efficiencies by · Providing the C~ty of Denton w~th easily recognizable and standardized waste receptacles, ~mpnnted w~th permanent City of Denton custom graphics, at public locations · Reducing htter m City of Denton pubhc locations through the placement of an ~ncreased number of waste receptacles · Enabhng the waste to be efficiently collected using automated collection vehicles operated by C~ty of Denton sohd waste department personnel This project supports the major area of the North Central Texas Regional Solid Waste Management Plan, Stopping Illegal Dumping To support Stopping Illegal Dumping, Denton's mumclpal pubhc s~tes will be supphed w~th standardized waste receptacles in which to dispose of waste These highly v~s~ble and standard~zed containers w~th City of Denton markings wall be easily ~dent~fiable, enabling the user to more readily ~dentlfy them Increased placement and utilization ofrecogmzable and h~ghly v~s~ble waste receptacles at public facilities is expected to garner increased usage, resulting ~s less httenng and increased beautfficatlon throughout the community Automated collection of the waste on a routine basis will eliminate overflowing and unsightly containers (barrels), reduce the man-hours reqmred under the existing manual collection system, and increase collection and disposal efficiencies b The major noticeable ~mpact of thru project w~ll be Implemented and observed locally within Denton, but will be potentially observable on a regional basis as waste from adjacent rural areas m collected ~n these receptacles Denton's pubhc s~tes wall serve as an example for all City's and Commumt~es ~n the North Central Texas Regional Area m how to establish, control, and mmntaln clean and htter free public sites throughout their commumt~es Plentiful and easily identifiable waste receptacles, Much are emptied on an adequate collection schedule will promote and encourage the cleanliness and selfpohmng from users of these public areas City staff anticipates strong public acceptance and support of the utd~zatmn of esthetmally pleasing, standard~zed, and C~ty lmpnnted waste receptacles c Denton's mt~zens, across all ethnic, racial, and cultural groups will benefit from thru project The project is not d~versffied with whom ~t benefits ~n the commumty because it serves everyone who v~s~ts or wews Denton's numerous pubhc famht~es and properties The effected public properties, city bmldmgs, parks, hbranes, and other mtmm~pal famhtles are located throughout Denton in all areas of the community ProJect implementation will enable the community to be proud of the waste receptacles and cleanhness of their public areas d There are no pubhc/pnvate partnerstups ~nvolved with ttus project e. Tlus project prowdes for a s~gmficant upgrade of the current mummpal waste collectmn and disposal services ex~st~ng m Denton's affected pubhc areas It is planned to enhance htter abatement,: reduce illegal dumping, and provide waste receptacles in public locations throughout Denton This project will provide the major benefits listed in Section "a" above Barrels, and other non-umform outdoor waste receptacles will be replaced with City of Denton standardized contmners,, which will be regularly serviced by solid waste departmental personnel Tbas project has never previously been submitted to the NCTCOG for funding L The project has been judged by City stat'fas bemg easily accomplishable if funding is avanlable The planned public education effort, along with the recognizable City of Denton waste receptacles, is expected to significantly reduce httenng and illegal dumping in public areas, and reduce waste collection and disposal problems wluch currently exist Once implemented, tins project is planned to continue into future years The project will require the purchase of approximately 120 sixty-gallon litter contmners and two roll-offcontamers from a private vendor Once received, these contmners will be dehvered by City staff to the identified locations throughout Denton Non-standardized barrels and containers will be removed from the mumclpal sites as the program phases are completed A sufficient number of taew containers will be prowded at each site to accept litter and waste deposited in those areas dunng the collectaon interval time periods Collection of the waste will be performed using City personnel and equipment which mcludes a pamally grant funded waste collection vehicle Following collection, the waste will be transported to a recycler if feasible, or disposed of in the C~ty's landfill The majority of the sixty-gallon waste receptacles will be serviced using an automated collection vehicle, or a grant funded ALC Rover Lifter utilizing mobile carts This project is planned to utilize the Solid Waste Department's existing mummpal employees Servicing the waste receptacles will begin following their distribution, and dunng normal weekday work hours, 8 00 AM - 5 00 PM Weekend service may be prowded to support specific community aetlmtles Following acquisition of the capital equipment required, solid waste and other City personnel view the implementation of the project as easily accomplishable Waste collecuon services are planned for provision on an ongoing basis C [~'ork Program a Prior to the grant submittal, all necessary city department management personnel were contacted and informed of the project All departments revolved provlded unanimous support and desire that their public site barrels and/or contmners soon be replaced with standardized outdoor waste receptacles and scheduled for emptying by solid waste staff on routine collection and disposal intervals Personnel from the Solid Waste and the Parks & Recreation Departments will complete an inventory of all public sites to plan for implementation at other facilities in future phases of this long-range program These personnel will receive support from other affected City Departments as required, Commumcataon and coordination between the two mann depamuental groups and other City departments will occur as each of the public sites is evaluated for solid waste contannenzatlon and automated collection services Dunng the City-wide site review and evaluation, new public antes may become recogmzable and established, and/or mochficatlons to existing public sites and their recommended service levels may occur A sequence of major project planning steps is as follows 1 Solid Waste Staffmet wath Parks and Recreation personnel and other City personnel to explain and receave support of the project (Completed) 2 Solid Waste & Parks and Recreataon complete container anventory and municipal site research and contact other Caty departments as reqmred 3 Video Pubhc Service Announcements (PSAs) to be completed 4 Capital Items (Waste Receptacles, A_LC Rovers, Track, etc ) are ordered and receaved 5 Waste receptacles are dastnbuted, and PSAs begin on Denton's Channel 26 6 Schedules for the automated collectaon of new waste receptacles are lmtaated b A proposed tame schedule for each corresponchng planning event lasted above is as follows 1 January 2002 (Completed) 2 March 2002 -Apnl 2002 3 March 2002 -Apnl 2002 4 Capital items are Bad and ordered v~thln 120 days ofreceavlng grant funding approval and contract 5 Waste receptacles are distributed and the PSAs begin watinn 60 days of Denton receiving the capatal eqmpment, a e Waste Receptacles, ALC Rovers, Track, etc 6 Service of the waste receptacles begins by January 2003 and will be ongoing e Simultaneously wath the inventory of mumclpal sates, vadeo public service announcements (PSAs) will be developed and produced m house by the Pubhc Information Office to be shown on Channel 26 (the City of Denton's government cable stataon) The PSAs wall inghhght litter reductaon, the Caty's avadable and recogmzable waste receptacles, and citazen pride an the cleanhness,of our commumty and pubhc areas The PSAs will premaere dunng the week of contaaner dlstnbutaon and continue rtmmng on a daily mn-of-schedule basas for the first month of the project, after winch tame they wall be reduced to a lighter coverage schedule d. The project creates a cooperatave approach with other effected Caty of Denton Departments and commumty groups These departments w~ll receave attractave and standardized outdoor saxty-gallon waste receptacles, and colleetaon and d~sposal services for all waste deposated in these receptacles The Sohd Waste Department's proposed program umfies wltinn one department (Sohd Waste) the collectaon and disposal servaces provided from these numerous locataons, thereby samphfymg the entare pubhc waste collection and dasposal process for the City of Denton D Local Resources and Commttment a. The City of Denton has previously receaved the following NCTCOG grants Grant #00-04-G01 $84,400 Compost Program Equipment The grant was executed Aa extensaon was received on this project l0 Grant #01.04-Gl0 $104,983 Local Enforcement Program The grant was executed without problems Grant #01-04-G03 $56,185 Reuse Faclhty Denton requested that this grant be released due to issues with construction and the projected completion t~mehne b. The City of Denton staff involved m the project and their respective areas of responsibility are listed below SW = Solid Waste, P ~ Parks & Recreation, CMO = C~ty Manager's Office, KDB = Keep Denton Beautiful, O = Other Departments SW V Kemler ~ Planmng, Admlmstrat~on SW N Herod - Administrative SW S Lebsack - Planning, Admlmstratlon, Capital Asset Procurement P E Hodney - Planning, Admmlstratlon P E Vorel - Planning, Admlmstratlon, Contmner Inventory and Dmtnbutlon P R Petterson - Planmng, Admlmstratlon, Contmner Inventory and D~stnbut~on P C Stogsdlll - Planmng, Admlmstrataon, Container Inventory and D~stnbutlon SW B Sprabeary - Project Management, Contmner Inventory, Capital Asset Procurement, Contmner Distribution SW B Murray - ContmnerD~stnbutaon ,Collections SW M Fuentes - Contmner Dmtnbntlon, Collections SW R Moms - Contmner Distribution, Collections SW Driver - Contmner D~stnbutlon, Collections SW Dnver - Container Distribution, Collections SW D Dugger - Landfill Disposal CMO A Forsythe - Contmner Distribution, Collections KDB L Bentley - Plannmg, Container D~stnbutlon, Collections O Dept Rep - Container Distribution, Collections O Dept Rep - Container Distribution, Collections O Dept Rep - Container Dmtnbutlon, Collections There may be additional people Involved m the project that are not hsted which are also from other Cay of Denton departments We have reflected three contact personnel from other departments, but tins number could realistically be ten or greater These people wall be consulted concerning container quantities, container locations, collections, and any other related ~ssues All people listed above, and those selected as project representatives, are dedmated and conscientious City employees who plan to make the project a success c. The project is planned to be ongoing in the future Once contmners are dehvered, and PSA's are begun, the project will essentially be in a permanent status It ~s planned that the project be continued each fiscal year As the C~ty grows, the City wdl acqmre additional contmners as reqmred, and continue serv~mng the contamers d One of the Other Departmental Representatives listed ~n "b" above will be the C~ty's Keep Denton Beautiful ProJect Manager The C~ty of Denton is a member of SWANA, The Texas Recycling Coalition, the Metroplex Reeychng Coordinator's Roundtable, Keep Texas Beautiful, and Keep America Beautiful The City is actave tn Redbud Day, Make-A-Dtfference-Day, and Tnmty Raver Awareness Day Thc City was a major contributor to the planmng, funding, and operations of the Lake Ray Robert's Greenbelt Trml e Denton adopted a Sohd Waste Master Plan m 1995, whtch was updated m 1997 The master plan was developed m accordance w~th the State's Subchapter O gmdehnes f ProJect grant funding as proposed m the grant apphcatton prowdes fundtng for the following items · Waste Receptacle Capital Costs (80) $28,446 40 · ALC Rover Capital Costs (2) 25,568 00 · Mobile Cart Capital Costs (4) 10,480 80 · Broyhill Track Capital Costs (Grant Pomon) 33,000 00 · Landfill Costs (Grant Port~on) 2,175 00 Total NCTCOG Grant Fumhng $99,670 20 Ctty of Denton Sohd Waste Department fundtng for the mumc~pal htter abatement and waste receptacle project is proposed as follows · Waste Receptacle Capital Costs (40) $14,223 20 · Waste Receptacle Graptuc Charges 450 00 · Mobile Cart Capital Costs (4) 10,480 80 · Broyhill Track Capital Costs (City Portion) 59,635 00 · Automated Track Costs 124,000 00 · LiRers for Mobile Carts (2) 6,500 00 · 40 Cubm Yard Open Top Contmners (2) 6,160 00 · Advertas~ng Costs 5,000 00 · Admm~strattve Costs 7,280 00 · Landfill Costs (Ctty Port~on) 2,175 00 · Labor 12,000 00 Total C~ty of Denton Funding $247,904 00 Following NCTCOG project approval, and grant fundmg ava~lab~hty, the inventory work for each mumctpal site, site servme schedules, advertmtng work, and materials order reqmrements wtll be completed Within 60 days, the researched site tnformat~on (Quantity and Locatton of Waste Receptacles), and the recommended servmmg schedules per mute wall have been completed and documented g The $99,670 20 requested through the grant proposal ts a figure for a sohd waste grant proposal wluch ~s proposed to continue mdefimtely into the future If we project a mmtmum project term of 10 years, whmh ~s planned to be lndefimte, then this equates to approxtmately $10,000 per year The utlhzat~on of the containers and assomated eqmpment ~s proposed to last ten years, makang the annual grant funding costs orS10,000 per year reasonable The abtltty to prowde the C~ty of Denton wtth standardtzed waste receptacles and centralized collection servmes ts expected to more than adequately offset the costs mvolved tn promd~ng clean up 12 crews for the same pubhc areas It's anticipated that w~th automatic collections, collection t~me will be s~gmficantly reduced which will create additional cost sawngs The abthty to prowde attractive waste receptacles an areas where no waste receptacles have previously been placed will a~d m prowdmg a clean enwronment to these areas, and ~n ehm~nat~ng the need to prowde manpower for sporadic clean up costs which are often required h The Parks and Recreation Department and Keep Denton Beautiful have prowded letters of support DRAFT PUBLIC UTILITIES BOARD MEETING MINUTES January 7, 2002 9:00 A. M After determining that a quorum of the Pubhc Utlht~es Board of the City of Denton, Texas was present, the Pubhc Ut~htles Board convened ~nto an Open Meeting on Monday, January 7, 2002 at 9 00 am m the Service Center Trmmng Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas PRESENT: Dmk Norton, George Hoplons, Charldean Newell, D~ck Smith, Don White and Bill Cheek EX OFFICIO MEMBERS M~ke Conduff, C~ty Manager Howard Mart~n, ACM/Uttht~es EXCUSED: J~m W~lson 10) Receive reformation for a North Central Texas Council of Governments grant apphcat~on to fund mumcipal htter abatement and the placement of waste receptacles m C~ty of Denton public areas. Vance Kemler, D~rector of Sohd Waste, presented th~s report He explmned that through the Texas Natural Resource Conservatmn Commission (TNRCC), the North Central Texas Council of Governments (NCTCOG) administers the sohd waste grants program from fees collected on solid waste d~sposal Kemler reported that tlus program ~s to prowde funding for ehg~ble local and regmnal mumc~pal sohd waste management projects m support of the goals and obJect,yes set forth m the Regional Sohd Waste Management Plan for North Central Texas, 1990-2010 Approximately $1 8 mdhon of proJect funding w~ll be avmlable for projects m FY 2002 Kemler als0 explained that th~s project would enable the C~ty of Denton to standardize exterior mumc~pal waste receptacles throughout the C~ty by purchasing covered s~xty-gallon outdoor waste receptacles, which could be servmed w~th sem~-automated and automated eqmpment The receptacles would ~mprove public s~te aesthetms as well as ~mprowng waste collection efficiencies. Hopkins moved to approve. Smith seconded. Motion was approved unammously Page 1 of l EXHIBIT 4 AGENDA INFORMATION SHEET ate_ AGENDA DATE: February 5, 2002 DEPARTMENT' Human Resources ACM Kathy DuBose, Fiscal and Mumcipal Services ~ SUBJECT Consider an appointment by the City Manager of a new member to the C~wl Service Commission BACKGROUND C~vi1 Service Commissioner, V~ncent Ramos, resigned h~s term on the C~wl Serwce Commission effective June 27, 2001, therefore, ~n comphance w~th Chapter 143 006(b) of the Texas Local Government Code, the munIcipahty's chief executive (C~ty Manager) shall appmnt a member to serve a three-year term and appointment shall be confirmed by the govermng body RECOMMENDATION The C~ty Manager has elected to appoint VIck~ Hemngton, Workforce Trammg Admunstrator at North Cen~al Texas College, to the CIwl Service Commission PRIOR ACTION REVIEW There has been no prior action or review on this agenda ~tem FISCAL INFORMATION Th~s item has no fiscal impact Respectfully submitted (~rla J t~omlne D~rector of Human Resources AGENDA INFORMATION SHEET AGENDA DATE: February 5th, 2002 DEPARTMENT: Engineering ACM' David Hill, Development Services 349-8314 SUBJECT: Consider adoption of an ordinance approvmg an Interlocal Cooperative Agreement between the City of Denton and Denton County for completion of road improvements for Hickory Creek Road from FM 2181 to Rlverpass Drive, and declanng an effective date BACKGROUND: Denton County approved partml funding ($1,500,000) for the design and construction of Hickory Creek Road in the January 1999 Good Roads Program The City of Denton 1999 Bond Election included $750,000 toward the subject project as well Tcague, Nall& Perkins was hired to perform a route study and do cost estimates for Hickory Creek Road, between FM 2181 (Teasley) and FM 1830 (Country Club) The information was presented to City Council in a closed session on February 27, 2001, at which time the Council directed staffto begin design &the road from Teasley Lane to Pdverpass Drive (west side of Ryan Ranch Subdivision) Current City of Denton and Denton County funding ($2 25 milhon total) wall not be sufficient to widen the road all thc way over to FM 1830, due primarily to floodplain issues The City Council approved a contract with Teagnc, Nall& Perkins for the design of Hmkory Creek Road from Rlverpass Drive to Teasley Lane on April 17, 2001 To date, the consultant has completed the schematics, which were reviewed at a neighborhood meeting and has completed the prehmmary design The Final design is under way and is anticipated to be complete in February of 2002 with a March 2002 bid date The subject agreement commits Denton County's portion of the Hickory Creek Road funding to the City of Denton who is managing the project If the subject ordinance is approved, the Intcrlocal Cooperation Agreement will be forwarded to the Denton County Commissioners Court for subsequent approval RECOMENDATION Staff recommends adoption of the ordinance -1- PRIOR ACTION/REVIEW (Council. Boards. Commassions) N/A FISCAL INFORMATION Denton County's partlcapat~on aecor~hng to the agreement 1s not to exceed $1,500,000 The C~ty of Denton's portion wall be at least $750,000 The estimate for Design, ConstrucUon and Raght of Way acquasmon for Hackory Creek Road between Teasley Lane and Paverpass Drive ~s esttmated at $2 3 mflhon The expected $50,000 shortfall will be made up wath developer partaclpation funding currently and specifically held by the Cny for H~ckory Creek Road Under the terms of the agreement, the City of Denton is the lead agency for the project, and wall ~nvo~ee Denton County on a monthly bas~s as the work proceeds ATTACI, IMENTS 1 Location Map 2 Orrhnance 3 Interloeal Agreement 4 She Map (Exhibit A) Prepared by Dawd Salmon, Assistant D~rector Eng~neenng Department Respectfully submitted Charles F~edler, D~rector Enganeenng Department 2,, ~ ~, NOWLIN ¢ Hicko~ Creek Road o25o~oo ,,ooo Feet Illtlllll ATTACHMENT 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR ROAD IMPROVEMENTS TO HICKORY CREEK ROAD, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROViDiNG AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The Mayor, or ~n her absence the Mayor Pro Tem, ~s hereby authorized to execute, on behalf of the C~ty, an Interlocal Cooperatmn Agreement between the C~ty of Denton, Texas and Denton County, Texas for road ~mprovements to Hmkory Creek Road, substantially m accordance with the Interlocal Cooperanon Agreement whmh ~s attached hereto and ~ncorporated by reference hereto SECTION 2 The expenditure of funds as set forth ~n the Interlocal Cooperation Agreement ~s hereby authorized SECTION3 Th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thas the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Documents\Ordmanees\02\Interlocal Agrmt-Hlckory Creek Rd Denton County doc 4. ATTACHMENT 3 S \Our Dpcuments\Contracts\01\Denton County Road Improve H~ckory Creek doc THE STATE OF TEXAS ) ) COUNTY OF DENTON ) INTERLOCAL COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS TO HICKORY CREEK ROAD BETWEEN THE CITY OF DENTON AND DENTON COUNTYt TEXAS THIS AGREEMENT ts made and entered into by and between Denton County, Texas, a pohhcal subdlvlmon of the State of Texas, hereinafter referred to as "County" and the Ctty of DENTON, Texas, a corporate and pohtxcal body orgamzed and existing under the laws of the State of Texas, hereinafter referred to as 'City' Ttus Agreement ~s for purposes of the completion of certam road improvements to Hickory Creek Road, as descmbed on Exhtblt 'A," hereinafter referred to as the "Project" WHEREAS, County has provided funding for several road projects wlthm the linuts of the City through and as part of the January 1999 Better Safer Roads Bond Program, WHEREAS, City and County value the early completion of the Project whtch involves roads which are integral parts of the County's and City's road systems, and 1 City of Denton ICA 5. S \Our Docura~nts\Contracts\Ol\Denton County Road Improve ~hckory Creek doc WHEREAS, City and County mutually desire to be subject to the provisions of V TCA, Government Code, Chapter 791, the Interlocal Cooperation Act, and WHEREAS, City desires the part~clpatlon of County in the Project as authorized by V T C A, Transportation Code, Section 251 012, NOW, THEREFORE, it is mutually agreed by the parttes hereto as follows I The term of t!us Agreement shall commence upon executuon by all partues and shall ternunate upon completuon of the Project or upon ternunatmn of tbas Agreement under the provisions of Sec~on VIII II The ProJect is described as follows Improvements to Hickory Creek Road, as described on Exlublt "A" III Pursuant to V T C A, Government Code Sectton 791 011, the part~es hereto agree that the purpose of ttus Agreement is to ensure that certain governmental functuons and services m the area of streets, roads and drainage are performed The parties hereto further agree that each of them is authorized to perform the functions and services individually 2 City of Denton ICA 6. S \Our Documents\Contracts\0I\Denton County Road Improve H~ckory Creek doc IV As required by V T C A, Transportation Code Section 251 012 and as evidenced by the signature of the City's representative below, the governing body of City by the executton of and approval of this Agreement approves of the expenditure of County money to participate in or to fund an amount not to exceed ONE MILLION, FIVE HUNDRED THOUSAND AND 00/100 ($1,500,000 00), for the project V In performance of ttus Agreement, the CITY will be responsible for hlrmg the engineering firm for the ProJect Additionally, the CITY agrees that ail funds remaining after the procurement of eng2neerlng serwces will be cornrmtted to the constructton for the ProJect and procurement of Right of Way VI In performance of ttus Agreement, the City and as evidenced by the signature of the City's representative below, the governing body of City by the execution of and approval of t_bas Agreement approves of the expenditure of City money to par'acipate in or to fund an amount of at least SEVEN HUNDRED FIFTY THOUSAND AND 00/100 ($750,000 00) for the project VII As City proceeds in the completion of the Project, it shall subrmt invoices on a monthly basis for reimbursement ONE MILLION, FIVE HUNDRED THOUSAND AND 00/100 ($1,500,00000), unless otherwise authorized by the governing body of Denton County, to the Denton County Finance Department, and the County shalI reimburse City for ail expenditures City of Denton ICA 3 7. S \Our Documents\Contracts\01\Denton County Road Improve Hmkory Creek doc related to the Project within Thirty (30) days of receipt of these invoices Attached to this Contract ts a cer'ahcataon by the Assistant C~ty Manager of Finance that the City shall include the sum of at least SEVEN HUNDRED FIFTY THOUSAND AND 00/100 ($750,000 00), in its budget and that this amount shall be ~termzed, set aside and approved by the City Council to be expended for the Project VIII Ttus Agreement may be terrmnated in whole or in part by the County or City upon tl'urty (30) days' written notice to the other party settung forth a substantial failure by the defaulting party to fulfill its obhgahons under this agreement through no fault of the termmatung party No such terrmnataon may be affected unless the defaultang party is given (1) written notace delivered by certified ma~l, return receipt requested of intent to terminate settang forth the substantual failure to perform, and (2) not less than thirty (30) calendar days to cure the failure, and (3) an opportunity for consultatuon w~th the terrmnatmg party prmr to terrrunafton In the event of termlnatmn by the County, County shall reimburse City for all mvmces subrmtted up to and including the date of termmataon Notaces shall be dncected as follows For Caty Hon Euhne Brock The City of Denton Mayor 215 E McKmney Street Denton, Texas 76201 Copy To' Michael Conduff, City Manager City of Denton 215 E Mcghrmey Street Denton, Texas 76201 City of Denton ICA 4 8 S \Our Documents\Contvacls\OlkDenton County Road Improve Htckory Cre~k doc For County t-lon Scott Armey Denton County Judge 110 East Hickory Denton, Texas 76201 Copy to Dist-nct Attorney's Office/Civil Division 1450 East McKmney P O Box 2850 Denton, Texas 76201 IX The covenants, condltaons and terms hereof are to be construed under the laws of the State of Texas and are performable by ail parties in Denton County, Texas The part~es mutually agree that venue for any obhgatlon arising from this Agreement shall lle m Denton County, Texas X This writing is intended by the part~es as a final expression of their agreement and as a complete and exclusive statement of the terms of their agreement This Agreement can be modified or tern'unated accordmg to the provisions of Sectaon VIII only by writing signed by both of the part~es or their duly authorized agents XI This Agreement ~s not intended to extend the hablhty of the parhes beyond that provided by law Neither County nor City waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arming by third part~es C~ty of Denton ICA 5 9. S \Our Documents\Contracts\0BDenton County Road Improve Htckory Creek doc XI! In the event that any portaon of th~s Agreement shaI1 be found to be contrary to law, at is the intent of the parties hereto that the remmrung portmns shall remmn valid and m full force and effect to the extent possable XIII The undermgned offacers and/or agents of the part~es hereto are the properly authorized off~clals and have the necessary authoraty to execute flus Agreement on behalf of the part~es hereto and each party hereby certifies to the other that any and ali necessary resolutmns extending said authority have been duly passed and are now m full force and effect EXECUTED m duphcate originals COUNTY CITY Denton County, Texas The Ctty of DENTON, Texas 110 West H~ckory 215 E McKarmey Street Denton, Texas 76201 Denton, Texas 76201 By By Hon Scott Armey Hon Euhne Brock Denton County Judge The Mayor for the Caty of Demon Actang on behalf of and by Acting on behalf of and by authoraty of the Commasmoners authority of the Caty Council of Court of Denton County, Texas Denton, Texas Date Date C~ty of Denton ICA 10 6 S \Our Documents\Contracts\Ol\Denton CounW Road Improve H~ckory Creek (loc Attest Attest By By Cynttua Mitchell, County Clerk City Secretary Approved as to form Approved as to form By / Robert Schell Herbert L Prouty Assistant Dmtrlct Attorney City Attorney AUDITOR'S CERTIFICATE I hereby certify funds will be available in the amount of at least SEVEN HUNDRED FIFTY THOUSAND AND 00/100 ($750,000 00), will be comnutted to engineering and design and the remainder will be applied towards right-of-way acquimtmn, ut~hty relocatmn and constructuon, toward financing the ProJect to accomplish and pay the obhgat~on of C~ty of Denton, Texas under ttus Agreement Assistant Cl~ Manager of Fiscal & Mummpal Services 7 C~ty of Denton ICA 11 EXHIBIT A AGENDA INFORMATION SItEET AGENDA DATE: February 5, 2002 DEPARTMENT: Eeonomne Development CM/DCM/ACM Davnd I-Ifil, 349-8314 -'~ SUBJECT Consider adoptnon of an ordinance authorizing the City Manager to make applmatnon to the Texas Department of Housing and Commumty Affmrs Emergency Shelter Grant Program and take all other actnons necessary to obtmn a grant under the Emergency Shelter Grant Program, and provnthng for an effecUve date BACKGROUND Each year, the Texas Department of Housnng and Commumty Affmrs (TDHCA) prowdes a funding opportumty for the Emergency Shelter Grants Program (ESGP) through a statewtde competltwe process ESGP fundnng is provnded through the Umted States Department of Housing and Urban Development (HUD) and ns admnmstered ~n Texas by TDHCA The Denton County Homeless Coalmon has asked the City of Denton to serve as lead agency for the FY 2002-2003 Emergency Shelter Grant Program apphcatlon Five local agenenes intend to apply for ESGP funds The agencies that will be applying for funds through the City of Denton apphcat~on ~nclude the Denton Affordable Housing Corp0rat~on, Salvatnon Army, Friends of the Family, HOPE, Inc and HelpNET of the Grea~er Denton Area It ns also possnble that the Salvatnon Army, Lewlsvfile Corps will request funding under the C~ty of Denton apphcatmn The Cnty of Denton recenved ESGP funding last year nn the amount of $55,120 00 The Salvation Army, HOPE, Friends of the Family, and HelpNET collaborated on the succossful grant applncat~on The Cnty of Denton developed a Continuum of Care Plan that ~ncluded nnput from local agencies providing services to homeless households The Continuum of Care Plan is Denton's plan for mowng homeless households from homelessness to self-sufficnency The Continuum of Care Plan was approved by City Council m June 2000 as part of the 20001Consohdated Plan for Housing & Community Development Each of the agenmes that will request ESGP funds part~cnpated m the Continuum of Care planmng process Page 1 ESTIMATED SCHEDULE OF PROJECT The deadline for submission of the ESGP apphcatlon is February 20, 2002 If the grant application is funded by TDHCA, funding will begin on September 1, 2002 and continue through August 30, 2003 PRIOR ACTION/REVIEW (Council, Boards, Commissions) There was no prior review or actions from City Council or a City appointed Board or Commission However, the Denton County Homeless Coalition asked that the City of Denton be the lead agency for funding on behalf of the service providers FISCAL INFORMATION The City of Denton plans to request approximately $100,000 00 in flus year's ESGP applmat~on BID INFORMATION N/A ATTACHMENTS Ordinance Approving Apphcatlon to the Texas Department of Housing and Commumty Affmrs (TDHCA) for the Emergency Shelter Grant Program (ESGP) Respectfully submitted ~lc;dn;mlRa~l ;ffevelopment Dlrec~o?~ Prepared by Dan Leal Human Services Coordinator Page 2 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNTY AFFAIRS EMERGENCY SHELTER GRANT PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN A GRANT UNDER THE EMERGENCY SHELTER GRANT PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty of Denton, Texas, ~s concerned w~th the provm~on of servmes to residents who are homeless and w~th providing decent houmng, a statable hying enwronment, and asmstlng homeless households to acNeve self sufficiency, and WHEREAS, the C~ty of Denton, Texas, has a developed and adopted a continuum of care for homeless and potentially homeless households, and WHEREAS, the C~ty of Denton, Texas, w~shes to apply for and obtmn a grant through the Emergency Shelter Grant Program, as authorized by the Stewart B McKmney Homeless Asmstance Act of 1987 as amended (42 U S C Sec 11371 et seq ), and as admmmtered through the Umted States Department of Housmg and Urban Development, and WHEREAS, the Texas Legmlature has demgnated the Texas Department of Housmg and Commumty Affmrs as the adm~nlstenng agency for the Emergency Shelter Grant Program pursuant to Sec 2306 094, Texas Government Code, and WHEREAS, the C~ty of Denton, Texas, intends to sub-contract w~th local socml service agenmes to prowde servmes through the emergency shelter grant program, and WHEREAS, the Texas Department of Houmng and Commumty Affmrs reqmres an apphcat~on and appropriate eemfieat~ons and the C~ty Counml deems ~t m the pubhc mterest to authorize the C~ty Manager to make apphcatlon for tNs Grant, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Counml of the C~ty of Denton, Texas, anthonzes the C~ty Manager to mgn and submit to the Texas Department of Houmng and Commumty Affmrs and all appropriate officmls thereof, a grant apphcat~on, together w~th all necessary cemficatmns, grant agreements and other documents as well as appropriate resources for enmlement of funds under the Stewart B MeKarmey Homeless Asmstance Act of 1987, as amended and Emergency Shelter Grant Program pursuant to Sec 2306 094 of the Texas Government Code, and all other apphcable laws, as necessary to obtmn a grant under the Emergency Shelter Grant Program to prowde servtces to homeless remdents of Denton That the C~ty Manager ~s authorized to take all other actions necessary to obtmn and adm~mster th~s grant Page 3 SECTION 2 That the Commumty Development Administrator ts authorized, under the superv~mon of the C~ty Manager, to handle all fiscal and admtmstrat~ve matters relating to the apphcatmn and the admmmtrat~on of the Emergency Shelter Grant Program, ff ~t is funded and all other matters connected therewtth SECTION 3 That the C~ty Secretary ~s hereby authorized to furmsh tree, complete, and correct copies ofth~s ordinance to ali ~nterested pames SECTION 4 That thru ordtnance shall become effecttve ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thru the day of ,2002 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 4 Page 2 of 2 AGENDA INFORMATION SHEET ~ale ....~/~'~'-'~-'--~ AGENDA DATE: February 5, 2002 DEPARTMENT: Tax ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT Consider approval of a tax refund to DBC Investments Ltd in thc amount of $671 28 The 2001 property tax was prod twace BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500 00 The owners erroneously prod the 2001 property tax on October 29, 2001, and on December 20, 2001, resulting in a overpayment of $671 28 All documentation necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $671 28 EXHIBITS Application for Refund Respectfully submitted Diana G Ortiz Director of Fiscal Operations OFFICE CITY OF DENTON 76205 I'o apply for s tax refund~ the~!/er must comp eta the ~ ~ n; ~wr~e ha~n~ Step I DEC I~V LTD Pre~nt ~alling Address (number and street) Owners name ~2S S CAEEOLL BLVD C~y; ~n ~ ~ o~ce, state'; Z P code Ph~ne~(~ma ~ and numbe~) Step 2 L.gal deno~n (or aa~h ~py of the tax bill or tax re~ipt) Des~lb~ soUTRRiDGE O~8, BLO~ A, LOT 2 the prope~y ~dr~ or Iooat~n of ~pe~ Account number of pro~ ha~ of Taxing ~ear Date Amount Amount Unit From Which For Which Refund Of The Of ~ Tax Refund ~fund Is Required !s Requested Tax Pa~ent Ta~s Paid Requeaed top 3 CI~ of Denton , ,, 2001 10/29/2001 $ 671 28 31va the tax '. CI~ of De~on , 2001 12/20/2001 671 ~ $ 671 28 )ayment nformat[on 4 Taxpayers mason for refund ( aEa~h supposing documentation) OWNER PAID PROPER~ T~ ~ICE, RESULTING IN A REFUND OF ~671 ~, I *1 hereby ap~y for the refund of the abov~descnbed taxes and ce~i~ that [he Info~ation I have given on this Step 4 Sign the form re~ shell be subject to one of the following penalties 1 Impr~nmentofn mom~atthel0yeamnorlessthan2yeaman~oraflneofnotmomthan$5,000orboth sueh fine and imprisonment, 2 ~nflnement in jail for a term up to 1 year or a fine to exceed ~,000 or bo~ such Penal Code AGENDA INFORMATION SHEET AGENDA DATE: February 5, 2002 DEPARTMENT: Tax ACM' Kathy DuBose, F~scal and Mummpal Services SUBJECT Consider approval of a tax refund to James Beaver m the amount of $3,529 85 The homeowner erroneously prod the C~ty of Denton, Denton County, and Denton Independent School D~stnct tax to the City of Denton BACKGROUND Chapter 31 11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds ~n excess of $500 00 Payment was received ~n the amount of $4,470 97 on January 7, 2002 The amount due at the t~me of payment was $941 12 The homeowner erroneously sent payment for the C~ty of Denton, Denton County, and Denton Independent School D~smct tax, resulting ~n an overpayment of $3,529 85 All documentatxon necessary for refund is attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $3,529 85 EXItIBITS Apphcatlon for Refund Respectfully submitted Dmna G Ortlz D~rector of Fiscal Operations IC~lleCttng office name Collecting tax for (taxing units) CITY OF DENTON TAX~)FFICE CiTY OF DENTON II=~resont maltlng addre~ ~n~mber and street) 160~ E HICKORY SUITI~F ICity, town or post offl~ Mate, zIP ~O¢ln Phone (area code and IDENTON TX 762{}5 (940) 349.83t8 ITo apply for a tax refund, the,tex,n-~er mu= complete the follQwlng , ,, IStep 1 JAMEp BEAVER ............. Propsent Melllfig Address (number end street) IOwner'a name 3512 [~EL~0NT ............ Cib~, town or poet office, state, ZiP code ;~hone {a~ <~eda and number) land address DENTpN, TX 76210.8582 ........ fl'~iO ~"~ letup 2 Legal description (or attach copy of the tax bill or tax receipt) IDesoribe $OU~HRIDGE EST PHI, BLOCK 1, LOT 69 Ithe property Address or location of property ~704 ~ORFOLK Ac=cunt number of property / !,~qami 0fTa~lng year Date AmOunt amo_un.t . / Unit From Whldn For Which Refund Of The Of Of Tax i~e~une Refu~nd Is Required Is Requested Tax Payment Taxes Paid Requested IStep 3 1 Clt~ of Dellt~. 1 2001 01/07/2002 $ 4,470 e7 $ 3,629 86 IGIve ihs tax 2 CIIY of DentOn ,i Ipayment 3 ,, - -,, ,, , ..... / Taxpayer's reason for refund ( attach supporting documentation) HOMEOWNER ERRONE.OUSLY PAI~ CITY, COUNTY, & SCHOOL pROPERTY TAX TO THE CITY, RESULTING I. A REFUND OF ~ / ' ,i ~erebY apply,°r the mfund °, the ab°va"descrIbed taxes and certify that the Inf°rmatl°n ' have given °n thIs step 4 rolm !~ ~rqe ~nd ~orreet to the beet of rp}' know!ed~,e end belief * , : ~ uae ~ application mr mx remna ISign the form sign ~ -, ~ ~-- ] An'/person who makes a false entry upon the forsgolng record shall be aubjsct to one of the following penslllss 1 Imprisonment of not more that the ~ 0 years nor less lhan 2 years and/or · fine of not more thee $5,000 or both attoh fine end Imprisonment, 2 Confinement in Jell for a term up to I year or e fine to exceed $2,000 or bolh auch title and m deonment as set forth In 8_"O!Lnn 37 10 Penal Code 2 AGENDA INFORMATION SHEET ~* .... ~/,~t._ AGENDA DATE: February 5, 2002 DEPARTMENT Tax ACM. Kathy DuBose, F~scal and Mumclpal Services K~ SUBJECT Consider approval of a tax refund to James Beaver in the amount of $8,873 69 The homeowner erroneously paid the C~ty of Denton, Denton County, and Denton Independent School District tax to the City of Denton. BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing rant for refunds m excess of $500 00 Payment was received on January 3, 2002, in the amount of $11,239 59 The amount due at the time of payment was $2,365 90 The homeowner erroneously sent payment for the City of Denton, Denton County, and Denton Independent School District tax, resulting in an overpayment of $8,873 69 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $8,873 69 EXHIBITS Apphca~lon for Refund Respectfully submitted Diana G Ort~z D~rector of Fiscal Operations APPLICATION FOR TAXRI~FUND I Cnilaotlng office name , ' Co act ng tax for (taxing units) OlTY OF DENTO~N TAX OPFICE, CITY OF DENTON ~tesent mailing ac~dreeal~Uml~er and~ street) 1601 E HICKORY 8LIITE[ F ,, City, town or pOSt ciffiCe,~!~td, ZIP code Phone (area code and number) I~SN?ON TX 76~0~ , ,,,, ............ i(9481 To apply for a tax refund!, the taxoeyet must complete the f~llowing .... · uw~er_e P, lar~d~ Step 1 JAMEs BEAVER Pre~ent Mailing Address (number and street) Owner's name 3512 R~LMONT City, ~t0Wn Or post office, state, ZIP code Shone (et'es ~erld addre~ DENT N,'rX ?a 0.8sa2 .... Step 2 Legal description (or attach copy of the tax bill or tax receipt) Oos~be ESTAliE8 QF FORRESTRIDGE SEC II, BLOCK A LOT 61 the propo~ Address or lobation of property I A~ount number of property ~ Unit From Whloh For Whioh Refund Of The Of Of Tax Refund I : R~tfund la Required Is Requee~d Tax Payment Taxes Paid Requested 8tap 3 il CIt~ of Denton 2001 ,, , 01/03/2002 $ 11,239 59 $ 8,873 69 Ipayment 3 I Taxpayer's reason for ( attach supporting documentation) ClTY~ refund HOMEOWNER ERRONEOUSLY PAID 0OUl~ &,SCHOOL PROPERTY TAX TO THE CITY, RESULTING IN A REFUND OF $8,873 68 -- ! *1 hereby apply for the refund of the above-described taxes and certify that the information I have given on this IStap 4 form i~ t~e end ~orreet to the beat of m~, kn~l~edge end bel ef * ISign the form sign ~ /7.~/~ . ~ ~ ~ 4 ._ I Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties I I imprisonment of not mere that the t0 years nor leas than 2 years 8nd/or 8 fine of flor mere then $(5,000 or both I aueh fine and Imprisonment, 2 Confinement in Jail for e term up to 1 year or a fine to exceed $2,000 or both such I fine, and imprisonment as eat forth In Section 37 10, Penal Code 2 AGENDA INFORMATION SHEET AGENDA DATE: February 5, 2002 DEPARTMENT' Tax ACM Kathy DuBose, F~scal and Mumc~pal Services K~ SUBJECT Consider approval of a tax refund to Robert & Lmda Wflh~te m the amount of $589 31 The 2001 property tax was prod twice BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the goverumg body of the taxing umt for refunds ~n excess of $500 00 The homeowners were unaware that their mortgage company would pay the property taxes for 2001 Payments were received on December 24, 2001, and December 31, 2001, resulting ~n an overpayment of $589 31 All documentation necessary for refund ~s attached FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $589 31 EXHIBITS Appllcat~on for Refund Respectfully submitted D~ana G Ort~z D~rector of F~scal Operations APPLICATION FOR TA)( REFUND IC011e~tlng office name ' Collecting tax for (taxing units) lC TY OF DENTON TAX~ OFF, ICE CITY OF DENTON IS0f E HICKORY SUITE F, , , Icity; t~n bi ~st office,I ateto, ziP C~de phone (area code ahd number) IDENTON TX 76205 + ffi40) 34S.~$18 '1'; apply for a tax refUn~vC~et~.~m~, e ~ e~'er must complete the 18top 1 WIL~, rE, RO~ERT & LINDA I Pre'ant Mailing Address (number and s~reet) IOwne~'s name 1109, WINTER~E~K ,D~R I ci , town or Mi or, ce, State. coda late. 2 , Legal description (or attach copy of the tax bill or tax receipt) I IDescnbe BENT,CREEK EST PH I1~ BLOCK G~ LOT 14 Ithe property Address or Iocetfon of property I 1109 WINTERCREEK DR I Aceount number of property I R2044~3 I Unit From Which For Whirls Refund Of The Of Of Tax ~<muno I I~efund is Required Is Re~-'~.t"d Tax Payment Taxes Paid Requested IStep 3 it City of Denton ,, 2001 12/24/2001 $ 589 3,1 IGtve the tax ~ CIt~ of Denton 2001 12/3112001 $ 589 31 $ 589 31 payment :~ ~ , Information ~5 ' ..' ..... ................. TaXpayer's reason for refund ( attach supporting documentation) BOTH HOMEOWNER & MORTGAGE COMPAN~ / pAJDr~THE, 200~I~pROPERTYT~3(;~ ~=~m~IN~G~IN AI~EFUND OF $~8g31 ! *1 hereby apply for the refund of the above-described tsxes and certify that the information I have given on this JStep 4 fo~,]~,t~'ue ~d,cerreot tp~the bast of my know ed~]e and belief * , Ady person who makes a false entry upon the foregoing record shall be subject to one of the following penalties 1 Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both su=h fine and imprisonment, 2 Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and mprtsonment as set forth in Section 37 10, Penal Code 2 AGENDA IN~ORiVlATION SHEET AGENDA DATE: February 5, 2002 DEPARTMENT: Fire Department ACM: Jori Fortune, Public Safety and Transportation SUBJECT Consider and adopt an ordinance amending Chapter 29 of the Code of Ordinances of the City of Denton, Texas to provide for the adoption of the International F~re Code, 2000 Edition, providing for amendments thereto, re-estabhslung permit fees, providing for a penalty ~n the amount oF $2,000 for v~olations thereof, repealing fire lane Ordinance No 87-168, providing for a severabl~ty clause repealing all ordinances in conflict therewith, and providing for an effective date BACKGROUND The 2000 International Bmldlng, Mechamcal, Plumbing, and Res~dentml Codes have already been adopted by the C~ty Council However, the C~ty of Denton is still under the Umform Fire Code, 19,97 edmon Conflmts between the Umform Fire Code and the International Codes already adopted could lead to confusion ff the 2000 International Fire Code is not adopted The major d~fferance between codes ~s that the International Codes lean more toward a performance- based design than the prewous uniform codes The most notmeable change will be the format of the International Code Ftre Sprinklers Typically, the most controversml ~ssue when adopting a new fire code ~s the reqmrement for fire sprmkler~ The spnnkler reqmrements for the most part will remain the same w~th the adoption of the Internatmnal Fire Code However, m addition to the current reqmrements to sprinkler occupanexes of 10,000 square feet of non-combustible and 7,500 square feet of combustible construction, mm~ warehouses 7,500 square feet and larger will now reqmre a fully automatm fire suppression system Th~s lS because of the dangers ~nvolwng multiple storage tm~ts w~th httle separation and unknown types of storage Because they are not respected due to the privacy rights o~ the ~nd~vlduals rentmg them, these storage units represent a very high risk to the firefighters who respond to fires in them Therefore, we propose that mini storage warehouses over 7,5~0 square feet be reqmred to have fire spnnklers A fire suppression system is designed to contain or extinguish the fire It detects the fire from a temperatV, re rated fusible element that melts and allows water to flow through a predetermined orifice s~ze and flow rate A common myth about sprinklers ~s that all the heads open at once Th~s notitrue, only the head or heads being affected by the fire open and flow water While they do not replace firefighters Once a spnnkler head d~scharges and contains the fire, firefighters still must enter the bmlchng and fimsh the ext~ngmshment and shut off the suppression activities of the spnnkler system In residential structures and lodging facilities fire suppression systems are designed to g~ve a qmck response These qmck response systems wall detect a tim sooner and allow for the occupants' to escape the burning bmldmg qmcker and w~thout hfe threatening exposure to the fire and 1ts by products The Fire Department remmns cogmzant of the ~mpact that spnnklers can have on construction costs However, there are trade offs available w~thin the code(s) When you install a suppression system, other bmldmg requirements may be reduced or allowances made for building usage The installation of a suppression system may allow a larger braiding F~re spnnklers also slgmficantly save the owner on fire insurance costs The amendments to the 2000 International Fire Code recommended by the North Central Texas Regional Council of Governments reqmre ~nstalhng fire suppression system in residential structures 6,000 square feet or greater The Councd of Governments amends the IFC ~n several other areas making the reqmrements ~nvolvmg fire suppression systems more restrictive than the ones Staff proposes ~n the adoption of this code It ~s our goal to have a simple straightforward amendment that allows for a reasonable degree of fire safety Other Metroplex cities (Piano, Frisco, Allen, Addison) have adopted retrofit rules requmng all burl(brigs 5,000 square feet or greater to install suppression systems We feel that our amendments of 7,500 square feet (combustible) and 10,000 square feet (non-combustible) are reasonable and based on our fire fighting resources and capabdmes We feel confident that the F~re Department can adequately and safely combat fires ~n bmld~ngs of combustible construction less than 7,500 square feet and non-combustible occupancies less than 10,000 square feet Bmldlngs larger than those pose risks and dangers that we feel are not acceptable to the fire department and the commumty and should be spnnklered F~re suppression systems save hves and property In Denton, some of the bus~ness that have been saved by their fire suppression systems are V~ctor Eqmpment Company, Peterbmlt Offices, Tetra pack, TWU Gmnn Hall, LINT Kerr Hall, Safety Kleen Corp, Bally Ryan H~gh School, MLK R~creat~on Center, Golden Triangle Mall, Cooper Glen Apartments, Mozart Square Apartmetlts, Country Park Apartments, the Golden Triangle Mall on several occasions ~n several businesses and many others Each of these businesses is a wtal part of the C~ty's economy These businesses remain open and operating today because of their fire spnnklersl Statistics show that approximately 70% of the small businesses that experience devastating fires never re-open for business This causes a loss of income, employment and taxes to the City Some recent fires m non-spnnklered busznesses that have not re-opened are the Shell Station at Primrose! and Umvemty, Texas Pick-up, Arcadia's restaurant, and there are several others PRIOR ACTION/REVIEW (Council, Boards, Commissions) Staff met with the Chamber of Commerce Fire Spnnklcr Advisory Commattee to discuss the fire spnnkler requirements in the proposed adoption of the 2000 International Fare Code They were adwsed that the fire spnnkler reqturements were basically the same as our current ordinance There was no actaon taken by the Chamber FISCAL INFORMATION There is no fiscal ampaet from the adoption of this ordinance EXHIBITS Proposed Ordmance Respectfully submitted Ross Chadwick, Fire Chief S \Our Documents~Ordmances\02\lntematlonal F~re Code2 doe ORDINANCE NO AN ORDINANCE AMENDiNG CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE INTERNATIONAL FIRE CODE, 2000 EDITION, PROVIDiNG FOR AMENDMENTS THERETO, RE-ESTABLISHiNG PERMIT FEES, PROVIDiNG FOR A PENALTY iN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, REPEALING FIRE LANE ORDINANCE NO 8%168, PROVIDING FOR A SEVERABILITY CLAUSE REPEALiNG ALL ORDINANCES IN CONFLICT THEREWITH, AND PROVIDiNG FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Artmle I of Chapter 29 of the Code of Ordinances Is amended to read as follows ARTICLE I GENERAL PROVISIONS Section 29-1. International Fire Code - Adopted There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulattons govermng eondlO_ons hazardous to life and property from fire and exploston, that certain Codes and Standards known as the International Ftre Code, including Appenchces A-G, and the Uniform Fire Code Standards, pubhshed by the Imemattonal Fire Code Instttute and International Conference of Code Council, being partmularly the 2000 edmons thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 29-2 of this ordtnance A copy of smd Fire Code and Standards is now filed m the office of the City Secretary, and ts hereby adopted and tncorporated as fully as if set out at length hereto, and from the date on which this ordinance shall take effect, the provmtons thereof shall be controlling within the limits of the City of Denton and wlthm 5,000 feet thereof, where specffied therein SeeUon 29-2 Amendments The Intemattonal Fire Code, as adopted tn Section 29-1, ts hereby amended as follows A By the amendment of the Intemattonal Fire Code as follows **Section 101 1 changes to read as follows Section 101.1 Title. These regulattons shall be known as the Ftre Code of the Ctty of Denton, herein after referred to as "this code" **SeeUon 101 2 add second paragraph to read as follows The provlmons of this code shall supplement any and all laws relattng to fire safety and shall apply to all persons w~thout restriction, unless specifically exempted **Section 102.4; change to read as follows Section 102 4 Applicat~on of other codes. The design and construction of new structures shall comply w~th tins code, and other codes as appheable, and any alterations, add~tmns, changes m use or changes in structures reqmred by tins code which are within the scope of this and other codes shall be made m accordance therewith **Section. 102.6, change to read as follows Section 102.6 Referenced codes and standards The codes and standards referenced m this code shall be those that are listed m Chapter 45 and such codes, when specifically adopted, and standards shall be eonmdered part of the requirements of tins code to the prescribed extent of each such reference Where differences occur between the prowmons of tins code and the referenced standards, the promsmns of this code shall apply Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well Any reference to NFPA 70 or the ICC Electrtcal Code shall mean the Electrical Code as adopted **Section 103.1; add second paragraph to read as follows. Section 203.1. Under the cinef's d~rectmn, the fire department ~s authorized to enforce all ordinances of the junsdmtmn pertammg to 1 The prevention of fires, 2 The suppressmn or extmgmshments of dangerous or hazardous fires, 3 The storage, use and handhng of hazardous materials, 4 The mstallat~on and maintenance of automatic, manual and other private fire alarm systems and fire-extmgmsinng eqmpment, 5 The mmntenance and regulatton of fire escapes, 6 The mamtenance of fire protection and the ehmmat~on of fire hazards on land and m bmldmgs, structures and other property, ~ncludmg those under construction, 7 The mmntenance of means of egress, 8 The ~nvest~gat~on of the cause, ong~n and mmumstances of fire and unauthorized releases of hazardous materials, and 9 The investigation of the cause, ongm and mmumstances of explosions For authority related to control and investigation of emergency scenes, see Section 104 **Section 103.1.2; add section to rend as follows: Section 103.1.2 Department of F~re Prevention personnel and Pohce. The chief and members~ of the Department of F~re Prevention shall have the powers of a police officer when performing their duties under this code **Section 103.2; add section to read as follows. Section 103.4.2 Liability. The code m amended by adding a third paragraph to read as follows All regulations provided ~n tins Code are hereby declared to be governmental and for the benefit of the g~meral pubhc Any member of the C~ty Council, any mty official or employee, or any member of the Bmld~ng Code Advtsory Board charged w~th the enfomement ~f tins code, actmg for the City ~n the discharge of Ins duties, shall not thereby render Inmself personally lmble, and he is hereby reheved from all personal habdity for any damage that may occur to persons or Page 2 property as a result of any action required or permitted in the discharge of his duties Any lawsuit brought agmnst such official or employee because of such act performed by tum in the enforcement of any provisions of this Code shall be represented by the City of Denton through its designated attorney until the final adjudmatlon of the proceedings **Section 104.10; amend section to read as follows Section 104.10 Investigations The code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin, and c~mumstances of any fire, explosion or other hazardous condition Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law **Section 104.10.2 add section to read as follows. Section 104 10.2 Hazardous Materials. The code official ~s authorized to investigate the cause, origin, and mreumstances of any unanthonzed releases of hazardous materials **Section 104 10 3 add section to read as follows Section 104.10 3 Explosives. The code official is authorized to investigate the cause, origin, and camumstances of explosions, explosives handhng, manufactunng, and usage of explosive materials **Section 105.7.13 add section to read as follows Section 105.7.13 Gas and Oil Wells To operate gas and oil wells in the incorporated city hmlts of Denton, Texas See Ordinance 2001-465 and 2001-466 **Section 108.1, change section to read as follows Section 108.1. Appeals. The code is amended to read as follows In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals conslstmg of members who are qualified by experience and tralmng to pass on matters pertaining to this code and who are not employees of the junsdmtlon The code official shall be an ex officio member of smd board but shall have no vote on any matter before the board The board of appeals shall be appointed by the governing body and shall hold office at its pleasure The board shall adopt rules of procedure for conducting its business, and shall render all dec~sions and findings in writing to the appellant with a duplicate copy to the code official **Section 109 3; change section to read as follows Section 109.3 V~olat~on Penalties Persons who shall violate a provision of this code or shall fall to comply w~th any of the requirements thereof or who shall erect, install, alter, repmr or do work in molat~on of the approved construction documents or directive of the code official, or of a permit or certificate used under proms~ons of thru code, shall be guilty of a misdemeanor offense punishable by a fine of not mom than $2000 00 Each day that a vlolatmn contanues after due notme has been served shall be deemed a separate offense **Section 110 4; change section to read as follows Section 110 4. Abatement The code Is amended to read as follows Page 3 Any person operatmg or mmntmmng any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on the premises under their control or who shall fad to take lmmechate action to abate a fire hazard when ordered or notified to do so by the code officml or his duly authorized representative shall be gmlty of a separate offense for each and every day or portion thereof which any vlolatmn of any of the prowslons of th~s Code ~s committed or continued **Sections 202, change to read as follows DEPARTMENT OF FIRE PREVENTION ~s the Office of the C~ty Fire Marshal CODE OFFICIAL is the Fire Chief, Fire Marshal or other designated authority charged by the applicable govemmg body w~th the duties of admlmstrat~on and enfomement of the code, or a duly authorized representative FIRE DEPARTMENT ~s the Ctty of Denton Fire Department HIGH-RISE BUILDING ~s a bmldmg having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access JURISDICTION is the City of Denton, Texas SELF-SERVICE STORAGE FACILITY Is real property designed and used for the purpose of renting or leasmg individual storage spaces to customers for the purpose of stonng and remowng personal property on a self-servme basis STANDBY PERSONNEL. Is qualified fire service personnel, approved by the F~re Cluef When utilized, the number required shall be as d~rected by the Ftre Chief Charges for utilization shall be as normally calculated by the junsdlctlon **Section 307.2; change to read as follows Section 307 2 Permit required A permit shall be obtmned from the code official m accordance w~th Section 105 6 prior to kmdhng a fire for recogmzed sdvmultural or range or wildlife management practices, prevention or control of disease or pests, or open burmng a bonfire Application for such approval shall only be presented by and permits ~ssued to the owner of the land upon wluch the fire ~s to be kmdled Examples of state or local law, or regulations referenced elsewhere m th~s section may include but not be hmlted to the following 1 Texas Natural Resource Conservation Commission gmdehnes and/or restrictions 2 State, County or Local temporary or permanent bans on open bummg 3 Local written policies as estabbshed by the Code Official **Section 307 3; change to read as follows Section 307.3 Location. The locataon for open burning shall not be less than 300 feet (15,440 mm) from any structure, and provlsmns shall be made to prevent the fire from spreading to w~th~n 300 feet (15,440 mm) of any structure Exceptions' Page 4 1 Fires m approved contmners that are not less than 15 feet (4,572mm) from a structure 2 The mlmmum reqmred distance from a structure shall be 25 feet (7,620mm) where the pile size is 3 feet (914mm) or less ~n diameter and 2 feet (610 mm) or less ~n height **Section 307 3.1; change to read as follows Section 307.3.1. Bonfires. A bonfire shall not be conducted within 300 feet (15 440 mm) of a structure or combustible material unless the bonfire ~s contained ~n a barbecue p~t Conditions which could cause a fire to spread w~thln 25 feet (7,620mm) of a structure shall be ehmlnated prior to lgmtlon **Section 307 3 2; change to read as follows' Section 307.3 2. Recreational Fires. Recreational fires shall not be conducted within 300 feet of a structure or combustible material unless the fire is contained in a barbecue pit Concht~ons which could cause a fire to spread w~thm 25 feet (7,620mm) of a structure shall be ehmmated prior to ~gmt~on **Add Section 307.3.3 to read as follows: Section 307.3 3 Trench Burns. Trench bums shall be conducted m oar curtmn trenches and m accordance with Section 307 2 **Section 307 4; change to read as follows Section 307.4 Attendance. Open burning, trench bums, bonfires or recreational fires shall be constantly attended until the fire is extlngmshed A m~mmum of one portable fire extlngmsher complying with Section 906 with a mlmmum of 4-A rating or other approved on-rote fire extmgmshmg eqmpment, such as dirt, sand, water barrel, garden hose or water truck, shall be avoatable for immediate ut~hzatlon **Section 307 5; change to read as follows. Section 307.5 Open-flame cooking devices. Charcoal burners and other opan-fiame cookang dewces shall not be operated on combustible balcomes or within 10 feet (3,048 mm) of combustible construction Exceptions: 1 One- and two-famdy dwellings **Section 503 1.1; change to read as follows Section ~503.1.1 Braidings and Facilities. Approved fire apparatus access roads shall be prowded for every faclhty, bmldlng, or port~on of a bmldmg hereafter constructed or moved into w~thm the junsdmtlon The fire apparatus access mad shall comply w~th the requirements ofth~s section and shall extend to w~th~n 100 feet (30,488 mm) of all portmns of the facd~ty or any port~on of the exterior wall of the first story of the bmld~ng as measured by an approved route around the exterior of the bmld~ng or faclhty as measured by maximum hose d~stance or an approved route around exterior of the bmldmg Exception The code offimal ~s authorized to ~ncrease the d~menslon from 100 feet (30,488 mm) to not more than 150 feet (45,720mm) where Page 5 1 The building is equipped throughout with an approved automatic spnnkler system Installed In accordance with Section 903 3 1 1,903 3 1 2, or 903 3 1 3 2 Fire apparatus access roads cannot be installed due to location on property, topography, waterways, non-negotiable grades or other similar conditions, and an approved alternative means of fire protection as provided **Section 503 1 1, add the following sentanee to the first paragraph' Except for single- or two-family residences, the path of measurement shall be along a mmlmum of a ten feet (10') wide unobstructed pathway around the external walls of the structure **Section 503.1.2, change to read as follows Section 503 1.2 Additmnal Access. The code official ~s authorized to require more than one fire apparatus access road based on the potential for lmpmrment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access The fire marshal as hereby authorized and empowered to establish and designate fire lanes as he deem necessary for the proper ingress and egress of emergency vehicles Any fire lane designated by the Fare Marshal shall become effective as of the date he so designates **Section 503 1.4; add the following to read as follows Section 503.1.4. Ex,sting Fire Lanes. Any fire lane that has been established prior to passage of the ordinance from which tlus article is derived and designated by the fire marshal or that has been estabhshed by a separate orchnance shall be a tim lane for all intents and purposes and shall be mmntmned as required by this code **Section 503.1.5; add the following to read as follows Section 503.1.5. Maintenance Generally. (a) The code official shall report any negligent surface conditions, markings, or signs to the owner or person m control of property upon which a fire lane exists and shall issue instructions for repmr (b) It shall be unlawful for the owner or person in control of property upon which a fire lane has been designated or exists to fall to mmntmn the surface of the fire lane in good condition, free of potholes and other non-approved obstructions (c) It shall be unlawful for the owner or person in control of property on which a fire lane has been designated or exists to fml to malntmn any markang of the fire lane as required by this Code an a condition wbach is not clearly legible **Section 503 2 4., change to read as follows. Section 503 2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 35 feet (10 6 m) inner radius and 55 feet (16 7 m) exterior radius or shall be determined by the code official **Section 503 2 8, add section to read as follows Section 503.2 8 Fire Lane Site Plan. (a) When fire lanes are required in accordance w~th the provisions of this article, the owner, builder, or developer shall submit a fire lane sate plan measunng eight and one half (8-V2) Page 6 inches by eleven (11) inches to the code officml prior to issuance of a bmldlng permit A copy of each approved fire lane stte plan shall be kept on file with the fire department (b) Construction of the building shall not begtn unttl the fire lane site plan has been submitted and approved by the code official **Sect~on1503.3; change to read as follows' Section 503.3 Marking. Where required by the code offictal, approved striping or, when allowed by code offimal, signs, or both, or other approved notices shall be provtded for fire apparatus access roads to identify such roads or prohtbtt the obstructton thereof Stgns or nottces and stnpmg shall be mmntalned tn a clean and legible cond~tIon at all times and be replaced or repatred when necessary to provtde adequate vmtbthty (1) Striping - Fire apparatus access roads shall be marked by painted hnes of red traffic patnt stx ~nches (6") m wtdth to show the boundaries of the lane The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear m four tnch (4") wlute letters at 20 feet tntervals on the red border markmgs along both sides of the fire lanes (2) Signs - shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" h~gh Stgns shall be pmnted on a whtte background with letters and borders in red, nsllag not less than 2" lettenng Stgns shall be permanently affixed to a stationary post and the bottom of the s~gn shall be six feet, six inches (6'6") (1 98 m) above fimshed grade Signs shall be spaced not more than fifty feet (50 feet) (15 2m) apart Stgns may be installed on permanent bmldmgs or walls or as approved by the code official **Section, 503.4, change to read as follows Section 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed by persons tn any manner, mcludmg parking, stopping, or standing any non- emergency veluclc, whether attended or unattended, in a fire lane The munmum widths and clearances established in Section 503 2 1 and any area marked as a fire lane as described m Section 503 3 shall be mmntmned at all ttmes The operator of a premise shall mmntmn, free of obstrnctioi~, all fire lanes on tus premises No person may mark, post or otherwise identify a non-fire lane private vehicular passageway as a fire lane or tn such a manner as tends to create confusion,as to whether the passageway ts a fire lane Any unauthorized vehicle on a fire lane is (1) Subject to removal by the operator of the premmes, with the expense of removal and storage to be borne by the register of the owner of the vehtcle, (2) SubJect to citation, as well as removal, by the fire marshal or a police officer, and (3) Prima fame evtdance that the person tn whose name the vehicle ts regtstered is guilty ora m01anon of the parking provtslons of thru sectton **Section 508.5.1; Delete exceptions 1 and 2 **Section 605.4 1; amend to read as follows Section ([05.4.1 Power Tap Design. Relocatable power taps shall be of the polarized or grounded itype, equipped wtth overcurrent protectton and shall be hsted and not exceed 6 feet m length Page 7 **Section 605 4.3, amend to read as follows Section 605.4 3 Installation Relocatable power tap cords shall not extend through walls, ce~hngs, floors, under doors or floor covenngs, or be subJect to environmental or physical damage The cord shall not exceed 6 feet (1 82 m) m length **Section 605.5.1; amend to read as follows Section 605.5.1 Power Supply Extension cords shall be plugged directly into an approved receptacle, except for approved multlplug extension cords, shall serve only one appliance **Section 605 5.4, amend to read as follows Section 605.5.4 Grounding Extension cords shall be grounded ** Section 803.3 2 and Section 803.4.2; add an exception to read as follows Exception' Comdors protected by an approved automatic spnnkler system installed in accordance with Section 903 3 1 1 shall be limited to 50 percent of the wall area **Section 804.4, amend to read as follows' Section 804.4 Vegetation Decorative vegetation shall be flame resistant or flame retardant Such flame resistance or flame retardance shall be documented and certified by the manufacturer in an approved manner **Section 804.1.1; add a second exception to read as follows' Exceptions. 1 ~rees located in areas protected by an approved automatic spnnkler system installed in accordance with Section 903 3 1 1 or 903 3 1 2 shall not be prohibited in Groups A,E,M,R-1 and R-2 2 Trees shall not be probablted inside private dwelling units of Group R-20ecupanmes **Section 901 7, change to read as follows Section 901.7 Systems out of service Where a required fire protection system is out of service or in the event of an excessive number of accidental activations, the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated or an approved fire watch standby personnel shall be provided for all occupants lei~ unprotected by the shut down until the fire protection system has been returned to service Where utlhzed, fire watches standby personnel shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires **Section 902.1, add definition of "Fire Area" to read as follows. FIRE AREA The aggregate floor area enclosed and bounded by fire walls, fire bamers, exterior walls or fire-resistance-rated horizontal assemblies of a building **Section 902.1, under "Standpipe, Types of" defimt~on, amend "Manual dry" by adding a sentence to read as follows The system must be supervised as specified in Section 905 2 Page 8 **Section 903 2; add section to read as follows. Section 903 2. Reqmred Installations of Automatic Fire Extinguishing Systems An automatic fire extmguislung system shall be installed and maintained in each occupancy as required by the provisions of Section 903 **Section 903 3.1.1.; amend to read as follows Section 903.3.1.1 Fire Extinguishing Systems shall comply with N F P A Standard 13, latest edition **Section 903.1 2; change to read as follows. Section 903.1 2 Residential systems. Unless specifically allowed by this code or the InternatlonaI Butldlng Code, residential spnnkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements ofth~s code In addition, residential spnnkler systems installed in accordance with NFPA 13R must include attic spnnlder protection to be recogmzed for the purposes of such trade-offs permitted by other requirements of this code Spnnkler piping for multifamily developments shall separate from the domestic service and be dechcated for fire spnnkler service only **Sections 903 2 1.1,903 2.1.2, 903.2.1.3 and 903.2 1 4, change to read as follows. Section 903 2.1 1 Group A-1. An automatic spnnkler system shall be provided throughout a fire area eonta~mng a Group A-1 occupancy Occupancies where one of the following conditions exists 1 The fire area exceeds 10,000 square feet (929 m^2) 2 The fire area has an occupant load of 300 or more 3 The fire area IS located on a floor other than the level of exit discharge 4 The fire area contains a multi theater complex Section 903.2 1.2 Group A-2 An automatic spnnkler system shall be provided throughout a fire area contmnIng a Group A-2 occupancy Occupancies where one of the following conditions exists 1 The fire area exceeds 5,000 square feet (464 5 m^2) 2 The fire area has an occupant load of 300 or more 3 The fire area is located on a floor other than the level of exit discharge Section 903.2 1 3 Group A-3 An automatic spnnkler system shall be provided throughout a fire area containing a Group A-3 occupancy Occupancies where one of the following conditions exists 1 The fire area exceeds 10,000 square feet (929 m^2) 2 The fire area has an occupant load of 300 or more 3 The fire area is located on a floor other than the level of exit discharge Page 9 Section 903.2.1.4 Group A-4. An automatic spnnkler system shall be provided throughout a fire area contalmng a Group A-4 occupancy Occupancies where one of the following conditions exists 1 The fire area exceeds 10,000 square feet (929 m^2) 2 The fire area has an occupant load of 300 or more 3 The fire area is located on a floor other than the level ofemt discharge **Section 903.2.7; change to read as follows' Section 903.2 7 Group R-1 An automatic spnnkler system shall be provided throughout buildings with a Group R-1 fire area Spnnkler protection shall be provided throughout all combustible concealed and attm spaces **Section 903.2.8; change to read as follows Section 903 2 8 Group R-2 An automatic spnnkler system shall be provided throughout all buildings with a Group R-2 fire area where any of the following conditions apply 1 The R-2 is located more than two stones in height, including basements, or 2 The bmlchng contmns having more than 16 dwelling units, or 3 The bmlchng contmns fraternities and sororities Exception: A residential spnnkler system installed in accordance with Section 903 3 1 2 shall be permitted in bmlchngs, or portions thereof, of Group R-2 **Add Sections 903 2 10.2 and 903.2 10.3 to read as follows 903 2.10.2 Bulk storage of tires Buildings and structures where the area for the storage of tires exceeds 10,000 cubic feet (283 m"3) shall be equipped throughout with an automatic fire spnnkler System in accordance with Section 903 3 1 1 903 2 10.3. Self-service storage facility. An automatic spnnkler system shall be installed throughout all self-servme storage facilities greater than 7,500 square feet (696 8 m^2) **Section 903.2.12; amend 903 2.12.3 and add 903 2.12 4 and 903.2 12 5 as follows. 903 2.12.3 Buildings over 55 feet in height An automatic spnnkler system shall be installed throughout bmlchngs with a floor level, other than penthouses in compliance with Section 1509 of the International Brai&ag Code, having an occupant load of 30 or more that is located 55 feet (16,764 mm) or more above the lowest level of fire department vehicle access Section 903.2.12 4 High-Pried Combustible Storage For any building with a clear height exceeding 12 feet (4,572 mm), see Chapter 23 to determine if those provisions apply Section 903.2.12 5 Spray Booths and Rooms New spray booths and spraying rooms shall be protected by an approved automatic fire-extmgmshlng system **Section 903.2.12.6, Add section to read as follows' Section 903.2.12 6; General. Page 10 1 An automatic spnnkler system shall be installed in all new bmldlngs of noncombustible construction, (Type I & II) which exceed three stones in height or which have more than ten thousand (10,000) square feet (929 m^2) of floor area regardless of fire area or area separation walls 2 An automatic spnnkler system shall be installed in all new buildings of combustible construction, (type III, IV & V) whmh exceed two stones in height or which have more than seven thousand five hundred (7,500) square feet (696 8 m^2) of floor area regardless of fire area or area separation walls 3 The owner(s) of any building shall be required to ~nstall an automatic spnnkler system at such ttme as the owner(s) constructs an addition or enlargement to the bmldmg if the total square footage of such addition, when combined with the total square footage of all prewous additions and enlargements to the bmldIng, exceeds ten thousand (10,000) square feet (929 m^2) of the total floor area, and when the total square footage of all such additions exceeds by more than twenty-five (25) percent of the original floor area regardless of fire area or area separation walls 4 Automatm fire extinguishing systems shall be installed ~n Group U, Atrcrafl hangars in accordance with N F P A Standard 409, latest edition **Section 903.3.1.1, amend to read as follows: Section 903.3.1 1 NFPA 13 Sprinkler Systems. Where the provisions of tins code reqmre that a building or portion there of be equipped throughout w~th an automatic spnnkler system, spnnkler$ shall be installed throughout m accordance with N F P A 13, latest etht~on, except as provided m Sections 903 3 1 1 1,903 3 1 2 and 903 3 1 3 **Section 903.3.1.1.1, change to read as follows Seetaon 903.3.1.1.1 Exempt locations. When approved by the code official, automatic spnnklers shall not be reqmred m the following rooms or areas where such rooms are protected w~th an approved, fire detection system m accordance with Section 907 2 that will respond to wmble or lnvimble particles of combustion Spnnklers shall not be omitted fi.om any room merely because it is damp, of fire-resistance-rated construction or contains electrical equipment 1 Any room where the apphcation of water, or flame and water, constitutes a serious life or fire hazard 2 Any room or space where sprinklers are conmdered undesirable because of the nature of the contents, when approved by the code official 3 Generator and transformer rooms, under the direct control of a public ut~hty, separated from the remainder of the building by walls and floor/celhng or roof/celhng assemblies having a fire resistance rating of not less than 2 hours 4 Spaces or areas in telecommunications buildings used exclusively for telecommunications eqmpment, assocmted electrical power dmtnbution eqmpment, batteries and standby engines, provided those spaces or areas are eqmpped throughout with an automatic fire alarm system and are separated from the remmnder of the building by a wall with a fire resistance rating of not less than 1 hour and a floor/cethng assembly with a fire-remstance rating of not less than 2 hours **Seetaon 903 3.1.2, change to read as follows' Page 11 Section 903.3 1 2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stones in height, automatic spnnkler systems shall be installed throughout in accordance with NFPA 13R, latest edition However, for the purposes of exceptions or reductions permitted by other requirements of this code, see Section 903 1 2 **Section 903 3 5, change to read as follows Section 903.3.5 Water Supplies Water supplies for automatic spnnkler systems shall comply with this section and the standards referenced in Section 903 3 1 and the City of Denton Water Utility Standards The potable water supply shall be protected against backflow in accordance with the requirements of this section and the Internattonal Plumbing Code Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards, however, every fire protection system shall be designed with a 5 psi safety factor **Section 903 3 5.1 2, delete this section. Section 903.7; change to read as follows' Section 903 3 7 Fire department connections The location of the fire department connection shall be within 50 feet (15 2 m) of the fire lane and unobstructed The location shall be approved by the code official **Section 903.4; add a second paragraph after the exceptions to read as follows Spnnkler and standpipe system water-flow detectors shall be provided for each floor tap to the spnnkler system and shall cause an alarm upon detection of water flow for more than 45 seconds All control valves in the spnnkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampenng **Section 904 11 5 amend to read as follows. Section 904.11.5 Commercial Cooking Equipment Portable tim extinguishers shall be provided within a 30 feet (9,144 mm) travel distance of commercial- type cooking equipment Cooking eqmpment involving vegetable or animal oils and fats may be protected by a Class K rated portable extinguisher **Section 905 2; change to read as follows Section 905 2 Installation standards. Standpipe system shall be installed in accordance with this section and NFPA 14, latest edition **Section 905.3.2; delete exceptions gl and 2 **Section 905 3 3, amend Exceptions 1 and 2 to read as follows 1 Open-air seating spaces with enclosed spaces Page 12 2 Class I automatic dry and sem~automatm dry standpipes or manual wet standpipes are allowed in bmld~ngs where the highest floor surface used for human occupancy is 55 feet (16,764 mm) or less above the lowest level of fire department vehmle access **Section 905 4, item #5, change to read as follows 5 Where the roof has a slope less than four umts vertical m 12 umts horizontal (33 3-percent slope), each standpipe shall be prowded w~th a two-way hose connection located either on the roof or at the h~ghest landing of stairways with stmr access to the roof An additional hose connection shall be prowded at the top of the most hydrauhcally remote standpipe for testing purposes **Section 906.1; amend #1 to read as follows. Section 906.1 I In Groups A,B,E,F,H,I,M,R-1,R-2,R-4,S, and U occupancies **Section 907 2.1.1, amend section to read as follows: **Section 907 2.1.1. System Initiation. In Group A Occupancies w~th an occupant load of one thousand or more, ~s amended to mad as follows Section 907 2.1.1. System lmtmflon in Group A Occupancies w~th an occupancy load of three hundred (300) or more. Activation of the fire alarm m Group A Occupancies w~th an occupancy load of three hundred (300) or more shall ~mmed~ately m~tlate an approved prerecorded message announcement using an approved vmce commumcatlon system ~n accordance with N F P A 72 that ~s audible above the ambient noise level of the occupancy Exception: When approved, the prerecorded announcement ~s allowed to be manually deactivated for a penod oft~me, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly approved station **Section 905.9; add a second paragraph after the exceptions to read as follows Spnnkler and standpipe system water-flow detectors shall be prowded for each floor tap to the spnnkler system and shall cause an alarm upon detection of water flow for more than 45 seconds All control valves m the spnnkler and standpipe systems except for fire department hose connectmn valves shall be electrically supervised to inmate a superwsory mgnal at the central station upon tampenng **Add Section 907.1 3 to read as follows Section 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detect~on systems Alarm systems serving more than 751smoke detectors or more than 200 total alarm activating dewces shall be analog mtelhgent or addressable fire detection systems Page 13 Exception' Existing systems need not comply unless the total building remodel or expansion lmt~ated after the effective date of th~s code, as adopted, exceeds 25% of the bmkhng When cumulative bulldmg remodel or expansmn exceeds 50% of the building must comply wlthm 18 months of permit application **Section 907 2.3; change to read as follows Section 907.2.3 Group E A manual fire alarm system shall be installed in Group E educational occupancies When automatm spnnkler systems or smoke detectors are installed, such systems or detectors shall be connected to the bmldlng fire alarm system An approved smoke detection system shall be mstalled ~n Group E day care occupancies Unless separated by a mImmum of 100 feet (30 5 m) open space, all braidings, whether portable buildings or the man buIldmg, will be considered one building for alarm occupant load consideration and lntercotmectlon of alarm systems **Section 907 2 3; change exception #1 and add exception #2 to read as follows' 1 Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic spnnkler system 2 Residential In-Home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms (For care of more than five children 2 1/2 or less years of age, see Section 907 2 6 ) **Section 907.2.12; change to read as follows. 907 2 12 High-rise buildings. Bmldmgs having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall be provided w~th an automatm fire alarm system and an emergency voice/alarm commumcatlons system in accordance w~th Section 907 2 12 2 **Section 907.2.12, Delete exceptions #1-5. **Section 907.2.12.2, change the beginning paragraph to read as follows 907 2.12 2. Emergency voice/alarm communication system The operation of any automatic fire detector, spnnkler water-flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions glwng approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor, the floor above, and the floor below in accordance with the bullding's fire safety and evacuation plans required by Sectmn 404 **Section 907.3.1.1; Delete exception #1 **Section 907.3.1.8, amend to read as follows Section 907.3 1 8 Group R-2, A fire alarm system shall be installed ~n ex~st~ng Group R-2 apartment buildings with more than three stones Exceptions: Page 14 1 Where each living unit IS separated from other contiguous hvmg umts by fire barners have a fire resistance rating of not less than ~/4 hour, and where each living umt has either its own independent exit or its own independent stairway or ramp discharging at grade 2 A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic spnnkler system installed in accordance with Section 903 3 1 1 or 903 3 1 2 and having a local alarm to notify all occupants **Section 907 4; add a second paragraph to read as follows. Manual alarm actuatmg devices shall be an approved double action type **Section 907 4.1; Delete exception ** Add Section 907 6.1 to read as follows: Section 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-inchcatlng device will not interfere with the normal operation of any other such devices **Section 907.9.2; change to read as follows: Section 907.9.2 High-rise buildings. In bmldmgs that have floors located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access that are occupied for human occupancy, a separate zone by floor shall be provided for all of the following types of alarm- initiating,devices where provided 1 Smoke detectors 2 Spnnkler water-flow devices 3 Manual fire alarm boxes 4 Other approved types of antomatlc fire detection devices or suppression systems **Section 913.4; add a second paragraph to read as follows. The fire-pump system shall also be supervised for "loss of power", "phase reversal" and "pump running" conditions by supervisory s~gnal on distract circuits **Section 1005.2.1; change to read as follows Seetmn 1005.2.1 Minimum number of exits Every floor area shall be prowded with the minimum number of approved independent exits as required by Table 1005 2 1 based on the occupan~ load, except as modified in Section 1004 2 1 or 1005 2 2 For the purposes of this chapter, occupied roofs shall be provided with exits as required for floors The require number of exists from any story, basement or mdlvldual space shall be maintained until arrival at grade or the pubhc way **Section 1005 3 2.5; change to read as follows' Section 1005 3.2 5 Smokeproof enclosures In buildings required to comply with the high-rise provis~ons of the International Buddtng Code or the provisions for underground buildings in the Internattonal Bud&rig Code, each of the exits of a building that serves stones where the floor surface is located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access or more than 30 feet (9,144 mm) below the level of exit discharge serving such Page 15 floor levels shall be a smoke proof enclosure or pressurized stmrway m accordance wtth the International Bml&ng Code **Section 1108.1; add section to read as follows Section 1108.1 General Atrcraft hangers and Atrports, Hehports, and Hehstops shall be m accordance with N F P A Standard 409, latest edition **Section 2203.1, change #4 to read as follows. #4 Such that a nozzle, when the hose ts fully extended, w~ll not reach within 10 feet (3,048 mm) ofbmldmg openings **Section 3301 1 3; change to read as follows. Section 3301.1 3 Fireworks Except as prowded otherwtse herein, no person shall posses, store, offer for sale, expose for sale, sale at retail manufacturer or use or explode any fireworks w~ttun the city hm~ts or wlthm five thousand (5,000 ft) (1,524 m) thereof Exceptions 1 Only when approved for fireworks dmplays, storage and handhng of fireworks as provided permitted m Sectmn 3304 and 3308 2 The use of fireworks for approved display as permitted tn Section 3308 **Section 3308.5.3, amend by the addition of the following section Marking of Shell Each aerial shell shall have printed d~rectly on tts outer casing the following minimum warmng 1/8-mch lugh letters, which contrast to the background WARNING EXPLOSIVES CLASS "C" FIREWORK DO NOT HANDLE- CALL "91 l' **Section 3308 12; add new section as follows. Section 3308.12 Ignition Aerial shells shall be tgmted by hghtmg thc tips of fuses by an electrical lgnmon source except when manual lgmtlon ts approved by the Ftre Marshal Operators shall not place any part of their bodies over the throat of the mortar **Section 3402; add new defimtlons to read as follows FUEL LIMIT SWITCH ts a mechanism, located on a tank vehicle, whmh hmlts the quantity of product d~spensed at one time MOBILE FUELING ts the operation of dlspens~ng hqmd fuels from tank vehmles into the fuel tanks of motor vehicles Mobtle Fuehng may also be known by the terms Mobile Fleet Fueling, Wet Fueling, and Wet Hosing **Section 3403.6, add a sentence to read as follows An approved method of secondary eontmnment shall be provided for underground tank and piping systems Page 16 **Section 3404.2 11.5; add a sentence to read as follows An approved method of secondary containment shall be prowded for underground tank and piping systems **Section 3404.2.11.5.2; change to read as follows. 3404.2 11.5.2 Leak detection Underground storage tank systems shall be provided w~th an approved method of leak detect,on from any component of the system that ~s design and installed m accordance with NFPA 30 **Amend Section 3406.5.4 1 to read as follows' 3406 5 4.1 Dispensing From Tank Vehicles and Tank Cars/Mobile Refueling Dispensing from tank vehicles and tank cars/mobile refueling into the fuel tanks of motor vehicles shall be prohlb~ted unless allowed by and conducted m accordance with Sections 3406 5 4 1 through 3406 5 4 4 Section 3803.2 1 5 add sentence to read as follows Standby personnel shall be present dunng demonstrations **Section 3804.2, add an exceptaon #2 to read as follows Exceptions 1 In particular installations, flus capacity limit shall be determined by the code official, after consideration of special features such as topographical condmons, nature of occupancy, and proximity to btuldmgs, capacity of proposed contoaners, degree of fire protection to be provided, and capablhtles of the local fire department 2 Except as permitted in 307 5 and 3804 3 2, LP-gas containers are not permitted in residential areas **Add Section 3804.3.2 to read as follows. Section 3804.3.2 Spas and Pool Heaters. Where natural gas service is not av0alable, LP-Gas containers are allowed to be used to supply spa and pool heaters Such contmners shall not exceed 250-gallon water capacity See Table 3804 3 for location of containers **Addition to Chapter 45 Referenced Standards Chapter~45, Referenced Standards Ail reference standards from the National Fire Protection Assoc~atton, Batterymarch Park, Qtuncy, MA, will be referenced in the fire code from their latest published edition for compliance within the Fire Code Create the following Sections Section 106.1.1. Frequency of Inspection All owners of, occupants of, tenants of, leases of or persons making use of any building or premises, or portions thereof, when used as nonresidential group occupancies, including hotels, lodging houses and congregate residences, as defined by the Bufldmg Code are required to have such buildings, premises or portions thereof tnspected annually by the Fire Marshal or his designated representative Additionally, the Fire Marshal Page 17 may ~mtlate such inspections at such other times as he deems appropriate to satlsfy the purposes of this ordinance, and may additionally inspect all other premises as may be necessary, including such other potential hazards or appliances as the Fire Marshal may designate, for the purpose of ascertaimng and causing to be corrected any condition which would reasonably tend to cause a fire or contnbute to its spread, or whmh may constitutes a vlolatmn of tlus ordinance or any other law or standard affecting fire safety Section 106- F~re Inspection and Permit Fees Section 106.2.1 1 Inspection Fees Each inspection performed pursuant to Section 105 of this code, as amended, shall be performed free of charge If the F~re Marshal or his designee observes a wolatlon of th~s chapter and performs a follow-up (reqnspectlon) ~nspectlun to determine whether a violation or wolatlons observed dunng the previous ~nspect~on have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee w~th~n 30 days of being billed therefore as condition to continue lawful occupancy of the bmld~ng or dwelhng to be inspected Smd fee shall be based upon the amount of ~ntenor area of the bmldmg leased, occupied or used by the person The fee shall be in the amount estabhshed, and from time to time amended, by ordmance of C~ty Council, a copy that shall be kept on file with the C~ty Secretary Follow up inspection fees for common areas of such bmldmgs or premises shall be charged to and ptud by the owner in accordance w~th the area inspected Section 106 2 1.2. Permit and Permit Fees Any permit required by Section 105 and 106 of the Code, as amended herein, shall be issued only upon payment of a permit fee in an amount established, and as from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary SECTION 2 That the fees prowded for in Sectmn 106 of the code adopted by this ordinance, originally adopted with the enactment of Ordinance Number 87-196 shall be as follows 1 Bmldmg Fire Safety Follow-Up (Re-inspection) Inspection Fees provided in Section 106 Interior Square Footage Fee 1 to 3,000 $15 00 3,001 to 6,000 $25 00 6,001 to 12,000 $35 00 12,001 to 18,000 $45 00 I8,001 to 24,000 $55 00 24,001 to 100,000 $65 00 over 100,000 $100 00 If a second follow-up (re-inspection) is reqmred because the violation has not been corrected, the following fees shall be charged Page 18 ! to 3,000 $30 O0 3,001 to 6,000 $50 O0 6,001 to 12,000 $70 O0 12,001 to 18,000 $90 O0 18,001 to 24,000 $110 O0 24,001 to 100,000 $130 O0 over 100,000 $200 O0 2 The fee for an operational permit reqmred under Section 105 of the F~re Code shall be $200 00 per permit 3 The fee for a construction permit reqmmd under Sectmn 105 of the F~re Code shall be $100 O0 4 The fee for a gas well penmt and inspection for gas well development, including but not limited to dnlhng a gas well, above ground gas storage tanks, p~pmg mspectmns, completion of gas well, revenue of a gas well and abandonment of a gas well ~s $200 per permit or $200 per ~nspeet~on 5 Per Section 901 6 1 of the F~re Code, a fee of $25 00 shall be assessed for each annual inspection of automatic extmgmshmg systems (Hood Suppressmn Systems) automatm fire suppression systems, and automatic fire alarm systems 6 Per Sectaon 105 6 10 of the Flm Code, a fee for a temporary sales or &splay booth xn covered malls shall be $25 00 7 Per Section 105 7 12 of the Flm Code, a fee of $25 00 shall be assessed for a temporary tent permit SECTION 3 That F~re Lane Ordinance No 87-168 ~s hereby repealed SECTION 4 Any person who wolates a provision of thru ordinance shall be guilty of a m~sdemeanor pumshable by a fine not excee&ng Two Thousand Dollars ($2,000 00) Each such person shall be deemed gmlty of a separate offense for each and every day or porhon thereof dunng which any v~olatlon of th~s ordinance ~s committed, or continued, and upon conmct~on of any such wolatlons such person shall be punished wath~n the hmlts above SECTION 5 If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or apphcatlon them of to any person or c~rcumstance ~s held ~nvahd by any court of competent junsdmtlon, such holding shall not affect the vahdlty of the remaining porhons of this ordinance, and C~ty Council of the C~ty of Denton, Texas hereby declares it would have enacted such remmmng portions despite any such ~nvalld~ty SECTION 6 That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or ~mpa~r any act done or right vested or accrued or any Page 19 proceeding, suit or prosecution had or commenced ~n any cause before such repeal shall take effect, but every such act done, or right vested or accrued, or proceedings, stat or prosecution had or commenced shall remaan m full force and effect to all ~ntents or purposes as ~f such ordinance or part thereof so repealed shall remmn m force SECTION 7 That th~s ordinance shall become effective fourteen (14) days from the date of this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pubhshed twice m the Denton Record Chromcle, the official newspaper of the C~ty of Denton, Texas, wlthan ten (10) days or,ts passage PASSED AND APPROVED this the day of ,2002 EULENE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 20 AGENDA INFORMATION SHEET ~,t,~ . ~/~O.a~ - AGENDA DATE: Febm~ 5, 2002 DEPARTMENT: Engmeenng CM/DCM/ACM. Dave Hall, 349-8314 SUBJECT Consider approval of a resolution approving a Rtght-of-Way Use Agreement between the Caty of Denton, Texas and George C Goen, .Ir, and deelanng an e££ectlve date BACKGROUND Staffhas been working wath Mr Goen m negotaataons for a Raght-of-Way Use Agreement regarding a non-conforming brick sidewalk located an the right-of-way along the frontage of his resadence at 2900 Permsylvanla Street, otherwise known as Block 1, Lot 5, Southmont Subd~msaon Mr Goen's final certificate of occupancy is pending due to an atypmal sidewalk installation The subject brick stdewalk does not meet current Caty code or specifications The site plan that was submatted for a bmldmg permat mdacated a concrete sidewalk was to be installed, at the owner's discretion in th~s ~nstance The subject brick s~dewalk was anstalled wathan Caty of Denton right-of-way without review and/or approval Mr Goen has agreed to the R~ght-of-Way Use Agreement, which will hold the mty harmless of any habthty msues related to the brick s~dewalk, and the Agreement contains a restnctave covenant that wall run w~th the land in consideration of any future sale of the property The property owner has agreed to the upkeep and mmntenance of the brick s~dewalk OPTIONS 1 Approve the Raght-of-Way Agreement 2 Denial, or 3 Table for future consideration RECOMMENDATION Staff recommends approval of the Real Estate Agreement ESTIMATED PROJECT SCHEDULE Complete PRIOR ACTION/REVIEW None FISCAL INFORMATION ATTACHNIENTS ~ Draft Resolution ~ R~ght of Way Agreement >' Exhibit A - Plat >' Exhibit B - Site Plan > Location Map Prepared by Real Estate Specialist Charles Fledler, Director Englneenng Department RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS, § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § The C~ty of Denton, hereinafter referred to as "CITY" does consent and agree to permit George C Goen Jr, hereafter referred as "APPLICANT", the right to the non-exclusive use of a portmn of nght-of-way dedtcated to the C~ty whmh ~s more partmularly described ~n Exhibit "A" attached hereto and made a part hereof by reference (the "Pdght-of-Way Area") for the purpose of constructing and malntmmng a s~dewalk as shown on Exhibit "B" (the "Stdewalk'), upon the following cond~ttons 1 The APPLICANT, hts successors or assigns shall matntmn and keep ~n stghtly condltmn all of the Pdght-of-Way Area and the S~dewalk and the CITY shall not become responsible for such mmntenance at any t~me ~n the future 2 The APPLICANT shall and does hereby agree to ~ndemmfy and hold harmless CITY from any and all damages, loss or habd~ty of any kind whatsoever by reason of ~njury to property or third person occasioned by ~ts use of the rtght-of-xxay or act of omission, neglect or wrongdoing of APPLICANT, h~s officers, agents, empl%ees, ~nv~tees or other persons, xwth regard to the S~dewalk and the APPLICANT shall, at h~s own cost and expense, defend and protect the CITY agatnst any and all such clmms and demands 3 The APPLICANT shall purchase and mmntmn Homeowner General L~abd~ty Insurance narmng the CITY as an "addtt~onal ~nsured" for damages arising from the constructton and mmntenance of the S~dewalk w~th a hm~t of not less than $250,000 00 for each person and $500,000 00 for each stngle occurrence for bodily ~njury or death and $100,000 00 for each stngle occurrence for injury to or destructlon of property 4 The APPLICANT shall arrange for all acttwttes and improvements ~n the right-of-way to be d~scontlnued and/or removed, at the d~rectton of the CITY, wtth~n thirty (30) days of nottficatlon by CITY, that the C~ty Counml has d~rected the use of the right-of-way by the APPLICANT be dtsconttnued The costs assocmted wtth the d~scontlnmng of such activities, and the removal of such improvements, as well as property adjacent to the right-of-way necessitated by such discontinuation of the right-of-way use, shall be borne by the APPLICANT Page 1 of 1 3 5 The APPLICANT, his successors or assagns shall not seek compensation from CITY for loss of the value of the ~mprovements made hereunder when such ~mprovements are required to be removed by APPLICANT 6 Th~s Agreement shall be binding upon and inure to the benefit of the APPLICANT and the CITY, and their successors and asstgns The covenants contmned heretn are restrictive covenants that touch and mn w~th the land described as Lot 5, Block 1 of the Southmont Addxt~on, an addmon to the C~ty of Denton, Texas, according to the plat thereof recorded in of Plat Records of Denton County, Texas (the "Property"), and shall be b~nd~ng on all parties and all persons clalmmg under them, and any future owners of the Property for a period of fifty years from the date this agreement IN TESTIMONY WHEREOF, APPLICANT executes this Rxght-of-Way Use Agreement on this day of ,2002 CITY OF DENTON, TEXAS APPLICANT By By Mtchael A Conduff Name George C Goen Jr C~ty Manager 4 Page 2 of 2 ACKNOWLEDGEMENTS STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the __ day of ,2002 by M~chael A Conduff, C~ty Manager of the C~ty of Denton, Texas, on behalf of sa~d city Notary Pubhc, m and for the State of Texas My Commission expires STATE OF TEXAS ) COUNTY OF DENTON ) Th~s instrument was acknowledged before me on the __ day of ., 2002 by George C Goen Jr Notary Public, m and for the State of Texas My Comm~sston expires 5. Page 3 of 3 LOT ~. BLOCK ! SOUTH~ONT ADDITION 7. AGENDA DATE: February 5, 2002 DEPARTMENT: General Government CM/DCM/ACM: Betty Williams, Director of Management & Public Information Mike Conduff, City Manager SUBJECT. Hold a public heanng to afford the public appropriate notice and participation for the purpose of ldenhfylng the future cable related community needs and interests, and rewewmg the performance of Charter CommumcaQons under the franchise with the City dunng the current franchise term BACKGROUND: Our Current Cable Television Franchise Agreement w~th Charter Commumcatlons (Charter) expires on November 15, 2003 The current 15-year franchise was initially granted to Sammons Communications in November 1988 The franchise was transferred to Marcus Cable Associates ~n November 1995, and transferred again to Charter Communications in March 1999 The cable television franchise is regulated by the Denton Cable Television Ordinance 88-182 (Chapter 8 of the Code of Ordinances), the agreements signed by all three cable operators over the years, and by the Federal Cable Act The procedures to follow for the renewal of a cable television franchise are found in Section 8-57 of the Denton Cable Television Ordinance and in the United States Cable Act There are two processes ,that can be followed, formal and informal, m negotiating a franchise renewal The formal process has protections for both the Cny and the cable operator The informal process allows for more flexibility and is the way most franchises are renewed Both processes can occur concurrently Charter has submitted to the City the required written notice requesting the commencement of the renewal process Th~s requires the City to begin the future cable-related community needs assessmedt, conduct a review of Charter's past performance, and make a determination of Charter's financial, legal and technical capabilities to meet our future needs Page 1 of 5 Cable Television Franchise Renewal Dunng this franchme renewal, the C~ty has an enormous opportunity to make certain gains that can advance the quality of hfe in this commumty These gains have been obtaxned in many commumt~es w~thout s~gmfieantly increasing rates to subscribers Among other things, our new franchise agreement can require Charter to do the following · Enhance ~ts pubhc commumeatmns ~nfrastructure · Upgrade ~ts cable system · Improve the quality of cable service and customer servme · Contribute to the faefimes and equipment of local programming · Ensure that construction of the cable system proceeds ~n an orderly fashion · Implement a subscriber fee that can be used for support of Pubhc, Education, or Government access channels The first stage of th~s renewal process requires the C~ty to conduct one or more proceedings ~n order to assess and ~dentffy the future cable-related commumty needs and interests of the commumty, and to review the performance of Charter during the current franchise term The ascertmnment of the community needs can be aeeomphshed through a variety of tools, ~ncludlng pubhc heanngs, surveys, focus groups, interviews, and reports and audits of the Charter's past performance In order to conduct a thorough determmatmn of future cable-related commumty needs, a Cable Task Force has been created Various stakeholders such as the Umverslty of North Texas, Texas Women's Umverslty, Denton Independent School D~stnct, Denton County and others are part of the task force Tomght, the task force seeks input from the commumty through the use of a public hem-lng and attached questlonnmre One pubhc hearing was already held on Thursday, January 17, 6 00 p m, m the Counml Chamber Attached ~s a table of the results of the questlonnmres submitted from that meeting Both of the pubhc heanngs have been pubhc~zed m the Denton Record Chromcle, Denton Telewsmn (Channel 26), Pubhe Access Channel 25, and the C~ty websate There will also continue to be an on-going campmgn to sollmt input from the commumty through the use of all of these medmms For planmng purposes, the most hkely scenario m that the City and Charter will undertake good- froth negotlataons using the informal renewal process Based on that assumption, I have developed a proposed schedule that should allow us t~me to complete the needs assessment phase, revise our cable regulatory ordinance, write a new proposal, and conclude negoUatmns by Aug 2003 The proposed schedule prowdes sufficient time to undertake and complete all renewal-related servxces while leaving us adequate time to complete any formal renewal proceedings before the franchme expires, should informal negotiations prove unsuccessful Dec 2001 Contract w~th professionals to assist the City ~n the renewal process Jan 2002 Hold pubhc hearing and form the cable task force Feb -June 2002 Carry out performance review and cable related needs assessment, Form city staffcomm~ttee to determine City needs, Seek input from pubhc Page 2 of 5 Cable Television Franchise Renewal July-Sept 2002 Develop new fi'anch~se agreement and cable ordinance, Develop a strategy to conduct renewal negotiations, Submit proposal to Charter Oct 2002.May 2003 Conduct renewal negotiations w~th Charter June-July 2003 Hold public heanng on proposed cable ordinance and franchise agreement Aug 2003 C~ty approves cable ordinance and proposed franchise agreement PRIOR ACTION/REVIEW (Council~ Boards~ Comm~ssmn) Councd Work Session, December 1, 2001 Public Heanng, January 17, 2002 FISCAL INFORMATION. Currently Charter pays the C~ty a quarterly 5% franchise fee on all gross revenues B~tty Wd~lams D~rector of Management and Pubhc Information Prepared by Attachments Cable Franchise Renewal Questionnaire Table of questionnaire results Page 3 of 5 Cable Telewslon Franchise Renewal CITY OF DENTON~ TEXAS CABLE FRANCHISE RENEWAL QUESTIONAIRE Do you subscribe to any of the following Charter Communications cable television services at your home? (check all that apply) Basic Cable Only Premium Movie Channels Extended Basic Cable Intemet Service Digital Cable Do you subscribe to another provider of cable services? Yes ' No (If yes, what is the name of the company) What services would you like to see Charter provide which it currently does not~ How satisfied or dissatisfied are you with Charter in the following areas* (4 = Very Satisfied, 3 = Satisfied, 2 = Dissatisfied, 1 = Very Dissatisfied) a Picture quality b The number of cable channels c Ease of resolving billing issues d Helpfulness of Customer Service Representatives e Ablhty to reach a Charter representative by telephone f Ability,to meet with a representative at Charter's office (205 Industrial) g Installation and repair service h Rehabthty of cable service i Satisfaction with digital services j Public Access (channel 25) programming k Truth m advertising of products 1 Ability to resolve cable issues with Charter Please provide your comments regarding current cable service in Denton and how it might be improved in the future (e.g., ability to connect to cable, number of channels, access to local programming, quality of pictures, reliability of service, customer service, etc ) Page 4 of 5 Cable Telews~on Franchise Renewal What types of programming would like to see on local cable access channels (e.g, school activities, local sports coverage, informational programs about the services and activities of local organizations, area arts, history and culture, etc ) Would the orgamzation(s) or institution(s) with which you are involved be interested in' Having programs about their servmes and aetlwtzes appear on a local cable TV channel9 Learning how to make programs for presentation on cable TV channels, using eqmpment provided wxthout charge9 Using wdeo eonferencmg? Other Please describe any changes in, or additions to, what Charter does which you believe would be helpful9 Thank you for provldang us w~th th~s valuable ~nformatlon We will use your comments as we ~dent~fy and prioritize the future cable-related commumty needs, and review the performance of Charter Commumcat~ons under the fi'anch~se with the City dunng the current franchise term (Optional) Name Address Phone Return thru form to John Cabrales Public Information Officer City of Denton 215 E. McKanney Street Denton, TX 76201 940-349-8509 office 940-349-7444 fax iohn cabrales~cityofdenton corn Page 5 of 5 AGENDA INFORMATION SHEET AGENDA DATE: February 5, 2002 DEPARTMENT: Planmng & Development CM/I)CM/ACM. Dave Hill, 349-8314 ~ SUBJECT Consider adoption of an ordinance approwng the Denton Development Code, a comprehensive rewrite of the C~ty of Denton's development regulations ~n accordance w~th The Denton Plan, 1999-2020, and pursuant to Ordinance No 2001-135, as amended, prowd~ng for a cumulative clause, prowd~ng a severabday clause, prov~dmg a savings clause, prowdmg for a penalty ~n the maximum amount of $2,000 00 for wolatlons thereof, and prowdmg for an effecuve date of February 20, 2002 BACKGROUND Attached ~s'a final draft of the Denton Development Code, reflecting all text changes and map rews~ons as d~rected by City Cotmcd through January 28, 2002 Formal Councd vote on the Development Code ~s scheduled for the February 5, 2002 meeting All apphcable state and local regulations and the provisions of Ordinance 2001-135 (whmh ~ncluded the join City Cotmml and Planning and Zoning Commission pubhc hearing) have been met At the completion of the last work session held on January 28, 2002 only one outstanding ~ssue remained, the mapping of Bell Avenue Based upon the additional meetings that staff held with the concerned property owners, no changes have been made to the zomng map Since the January 28, 2002 work session, an additional pohcy ~ssue has been rinsed related to building matermls Specffically, the desire to add heavy gauge, corrugated metal to the hst of approved bmld~ng materials has been rinsed Staff ~s seeking d~rectlon on th~s ~ssue prior to formal vote on the Code If~mPlemented by Council, staff would suggest a change to Sectton 35 12 13 4 B 2 as follows 2 Fronts and street s~des of bmld~ngs visible from the pubhc right of way shall be non- reflective and shall be of wood, masonry, stone, decorative block, stucco, architectural metal panels, or HDO board (Suggested new wording underhned) In addition,, a defimtaon for "architectural metal panels" should be inserted ~n Section 35 2 Architectural Metal Panels. A m~mmum 22 gauge, colored metal panel w~th concealed fasteners OPTIONS 1 Approve as drafted 2 D~rect staff to address additional pohcy ~ssues RECOMMENDATION N/A ESTIMATED PROJECT SCHEDULE If the new regulations are adopted at the February 5, 2002 meeting, they w~ll become effective on February 20, 2002 A fee schedule related to the new code is also on the agenda for adoption PRIOR ACtION/REVIEW To date, over 130 official meetings have been held to discuss the Development Code FISCAL INFORMATION The draft Development Code is ~ntended to set the regulatory framework for implementation of the comprehensive plan (the Denton Plan) The impact of thc Interim Residential and Nonresidential Development Regulatmns has, ~n the op~mon of staff, retarded tax base growth for the last year, partmularly with respect to nonres~dentml development The draft Code ~s Intended to reduce the rezomng rewew cases heard by the Planmng & Zoning Comm~ssmn and City Couucll, and will also chmlnate almost all s~tc plan rewew acttwt~es conducted by thc Council These obJect,yes should make the development rewew process more prcdmtablc and consistent, and should shorten the review process considerably for most projects The fiscal ~mpact of the draft Code, ant~mpated to regulate development for the next 20 to 25 years, will be very s~gnlficant If development proposals are consistent w~th the Denton Plan, the ~mpact on dcvalopers should be positive due to decreased review time and project adm~mstrat~on costs The draft Code will also have positive effects on thc community's cconomm health and quality of hfe, both of whmh are ~mportant considerations contained in the Denton Plan The abd~ty to protect enwronmantally sensitive areas, especially floodplains, will have a very positive ~mpact on drmnage and water quahty costs prod by property owners The creation of land use zoning classiftcations that are consistent to Denton Plan recommendations wall allow better coordination of transportatmn and uttht~es infrastructure systems, and other services, such as police, fire, emergency medical services, libraries, parks, and schools ATTACHMENTS 1 Development Code and Zoning Map 2 Draft Ordinance Respectfully submitted Douglas S Powell, AICP Director of Planmng and Development 2 ORDINANCE NO AN ORDINANCE APPROVING AND ADOPTING THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S ZONING AND DEVELOPMENT REGULATIONS IN ACCORDANCE WITH THE DENTON PLAN, 1999- 2020, AND PURSUANT TO ORDINANCE NO 2001-135, AS AMENDED, PROVIDING AN OPEN MEETINGS CLAUSE, PROVIDING A CUMULATIVE CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE OF FEBRUARY 20, 2002 WHEREAS, the Denton C~ty Council pursuant to Its home rule powers and Section 213 of the Texas Local Government Code, has adopted a new comprehensive plan, the Denton Plan 1999- 2020, and WHEREAS, the Denton Plan, 1999-2020, contains pohc~es, goals and strategies related to industrial, commercial and resldenUal land use, growth management, housing and open space provisions, and WHEREAS, pursuant to its authonty under federal and state law, the C~ty intends to comprehensively amend its Code of Ordinances, including tnter aha Its zomng and subdivision regulations, In order to implement such polices, goals and strategies, and WHEREAS, the City Council has previously appmnted a City of Denton Code Comnnttee to undergo the process of recommending comprehensive development regulauons that are consistent with the pohc~es set forth ~n the Denton Plan 1999-2020, and WHEREAS, the Denton C~ty Charter and the Code of the City of Denton, Texas do not set forth a procedure for the City of Denton for the adopUon of comprehensive development regulaUons to implement a new comprehensive plan, and WHEREAS, the City has adverUsed, posted and prowded nouces ofpubhc heanngs on the proposed comprehensive development regulauons, the Denton Development Code Including wrnten noUces, m the owners of property within the C~ty of Denton according to the tax rolls of the Denton County Appraisal Dlsmct, and WHEREAS, during the pubhc meetings and pubhc hearings, the Planmng and Zomng Commission and the C~ty Council have received pubhc comment on the Denton Development Code, and WHEREAS, pursuant to Ordinance 2001-135, as amended, a final joint public heanng of the Planning and Zoning Commission and the City Council concerning the adoption ofth~s ordanance was held, and Page 1 WHEREAS, after the final joint public hearing, the Planning and Zoning Commission submitted its report with its recommendation and suggested changes to the City Council on the Denton Development Code, and WHEREAS, after receiving the Planning and Zoning report on the Denton Development Code, the City Council made changes m the Denton Development Code warranted by law or m the public interest, and WHEREAS, the City Council of the Caty of Denton desires to adopt the Denton Development Code, attached as "Exhibit A", the comprehensive rewrite of the City of Denton's development regulations NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I The findings contained m the preamble of this ordinance are incorporated herein as if fully set forth within the body of this ordinance SECTION 2 The provisions of the Denton Development Code, attached as "Extnblt A" are incorporated as development regulations and standards as permanent revisions to the City's Code of Ordinances of the City of Denton, Texas that implement the policies, goals and strategies contmned in the adopted Comprehensive Plan concermng industrial, commercial, and residential land use, growth management, housing and provision of open space These development regulataons shall supersede conflicting provlmons of the Code of Ordanances of the City of Denton, Texas, including in particular and without limitation Chapter 34, Subdlvlsaons, and Chapter 35, Zoning SECTION 3 It is hereby officially found and deterrmned that the meeting at which this Ordinance was passed was open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by law SECTION 4 That this ordinance shall be cumulative of all other ordinances of the City of Denton and shall not repeal any of the provls~ons of said ordinances except in those instances where provisions of those ordinances are m direct conflict with the provisions of this ordinance SECTION 5 That ff any secUon, subsection, paragraph, sentence, clause, phrase, or word m this ordinance, or the application thereof to any person or under any circumstances is held mvalld by any court of competent junsdlcUon, such holding shall not affect the validity of the remmnmg 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 invalidity SECTION 6 That save and except as amended hereby, all the provlslons, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remam m full force and effect Page 2 SECTION 7 That any person vlolaung any provision of this ordinance shall, upon convlcUon, be fined a sum not to exceed two thousand dollars ($2000 00) Each day that a provision of this Ordinance is wolated shall constitute a separate and distinct offense SECTION 8 That th~s ordinance shall become effective on February 20, 2002 from the date of its passage, and the City Secretary is hereby d~rected to cause the caption of this ordinance to be pubhshed twice m the Denton Record Chronicle, the officml newspaper of the C~ty of Denton, Texas, wxthm ten (10) days of the date of its passage PASSED AND APPROVED this the day of ,2002 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERB PROUTY, CITY ATTORNEY BY ~r~ /.ex- Page 3 ~oer~da Item AGENDA INFO~ATION SHEET )ate___~/~ AGENDA DATE: February 5, 2002 DEPARTM,ENT: Planning & Development L CM/DCM/ACM: Dave Hill, 349~8314 '~ SUBJECT Consxder adoption of an ordinance amending the schedule of fees commned xn Ordinance 2000-098 by adopting a new schedule of fees as authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the Cxty of Denton, Texas, for fihng apphcatlons for rewew, approval, grant or issuance of,plats, plans, licenses, certificates, variances or designat~ons required by the subdlwsxon rules and regulations and zoning regulatxons of the Code of Ordinances, prowd~ng for repeal of all ordinances m conflict herewith, providing a severabflxty clause, providing a sawng clause, prowd~ng for pubhcatxon, and prowdmg an effective date BACKGROUND The adoptxon of the Development Code wall necessitate creatxng two new fees, s~te plan rewew, and special exceptxon amendmem The proposed s~te plan review fee ~s based on the square footage of an addition or new building being proposed The special excepuon fee, as proposed, will offset antxc~pated staff time for notfficatxon reqmrements, neighborhood meetxngs and analysis of the request All of the fees are outlined ~n the Development Rewew Fee Schedule (Attachment 1) The proposed addxtlons to,the fee schedule (attached to the draft ordxnance) are ldemffied in bold pnnt, wxth deletmns noted by strikethrough text In addition to the fees mentioned above, additional amendments to the fee schedule are proposed Those mclude crediting the Pre-desxgn Conference fee to future apphcatlons, xncluding the fees for a Comprehensive Plan Amendment and mcreasxng the fees associated wxth a zomng verification requests to $25 and IZomng Board of Appeals varxances to $250 (which is the same as currently charged for subdxws~omvanance apphcatlons) Finally, an alternatwe s~te plan fee xs proposed to be the same as the existmg~zomng change fee, as the required process and affect is the same as a zoning change OPTIONS 1 Approve as drafted 2 Revise Fee Schedule RECOMMENDATION Staff recommends approval of the fee schedule as proposed ESTIMATED PROJECT SCHEDULE The fee schedule, if approved, will become effective along wxth the Development Code on February 20, 2002 PRIOR ACTION/REVIEW Development review fees were rewewed extensxvely by C~ty Council in fall 1999 A new fee schedule was approved by Council xn October 1999, and xs the basis for the attached fee schedule Dunng the 1 review, staff acknowledged that approximately 30% cost recovery results from the collection of the fees The primary focus in the fee schedule review m 1999 was a comparison with the fees charged by other comparable crees in the North Texas Metroplex FISCAL INFORMATION The proposed fees w~ll not totally cover staff t~me assocmted with the review and processing of the different apphcat~ons However, staff beheves that they are approprmte based upon the ex~st~ng fee schedule and amount of staff t~me typically reqmred to fac~htate each apphcatlon ATTACHMENTS 1 Draft Ordinance (w~th Fee Schedule as Exhibit A) Respectfully submitted Douglas S Powell, AICP D~rector of Planmng and Development 2 S \Our Documents\Ordmances\02~Amended Development Fee Schedule doc ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, tEXAS AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 2000-098 BY ADOPTING A NEW SCHEDULE OF FEES AS AUTHORIZED BY THE DENTON DEVELOPMENT CODE FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR 1LEVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES, SPECIAL EXCEPTIONS OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES, PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVEKABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance 2000-098 is hereby amended by the adoption of the Development Review Fee Schedule set forth m Exhibit "A", attached hereto and made a part hereof for all purposes, and anthonzed to be imposed for the fihng of apphcatlons, review, approval, grant or issuance of plats, plans, permits, hcenses, certificates, variances or designations required by the Subdivision Rules and Regulations and Zoning Regulations set forth in the Denton Development Code SECTION 2 That th~s ordinance shall repeal every prior ordinance m conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of the ordinance not m chrect conflict herewith, this ordinance shall be and m hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby SECTION 3 That if any provlslon of this ordinance or application thereof to any person or Clrcurastance is held lnvahd by any court, such holdmg shall not affect the Vallthty of the remaining portions of tins ordinance, and the City Council of the City of Denton, Texas, hereby declares that it would have enacted the remaining portions despite any such invalidity SECTION 4 That th~s ordinance shall become effective immediately after its passage and approval, and the City Secretary ~s hereby directed to cause the caption of this ordinance to be pubhshed twice in the Denton Record Chronicle, a daffy newspaper published m the C~ty of Demon, Texas within ten (10) days of the date or,ts passage PASSED AND APPROVED tlus the day of _, 2002 EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY EXHIBIT A DEVELOPMENT REVIEW FEE SCHEDULE # Type of Application Fee 1 Pre-design Conference (Mandatory unless waved by DRC Chairman) $250 (l~ ~tot-crechted toward other fees) SF & 2F $200 + $6 / lot 2 Preliminary or Final Conveyance or Development Plat Gas Wells $200 + $6 / lot All Others $200 + $10 / acre Restdenual <10 lots $200 + $6/lot 3 Preliminary or Final Plat Res~denual >10 lots $300 + $10/lot Nonresxdentlal $300 + $15 / acre 4 Amending F~nal or Amending Prehmlnary Plat / Replat $250 5 Minor Plats $300 + $6 / acre 6 Extension of Time for Plat $100 7 Vacation of Plat $250 8 General Development Plan $100 + $13/acre 9 Variance to Subdivision Regulations $250 per vanance 10 Annexation Petition $750 $65 11 H~storlc Landmark Designation 0- 5 acres $1,$00 5 +- 25 acres $2,000 12 Comprehenstve Plan Amendment 25 +- 50 acres $3,000 50 + acres $4,000 + $10 / acre $1,500 + $65 / acre 12 Specific Use Permit $250 + addmonal $100 ffprocessed 14 Minor Amendment to Specific Use Permit admmlstranvely 15 Extension of Time for Specific Use Permit $250 $0 03 per square foot of proposed building 16 Site Plan Review (including landscaping and arclutect~ral review) w~th a $50 Minimum and not to exceed $1,500 0- 5 acres $850 5 + 25 acres $1 250 17 £tra!g.':t Zoning Change and Alternative Site Plan 25 + 50 acres $2 000 50 + acres $2000 + $10 / acre 18 Special Exception $ 500 19 p!~nn~fl Development District Detailed Site Plan $l,000 + $25 / acre 20 Planned Development D~strict Detailed Site Plan Minor $$250 + addmonal $100 if processed Amendment admm~stranvely $250 21 Planned Development D~str~ct Detailed Site Plan Time Extenston $~0 25 per stte 22 Zoning Verification Letter 23 Raght-of-Way or Easement Abandonment $150 per lot 24 Board of Ad,]ustment $1505250 per variance Current Postal Rate for Cerufied Marl + $ 055 - 25 Public Hearing Legal Notice for Property Owners within 200 feet each 26 Public Hearing Courtesy Nonce for Residents within 500 feet Current Postal Rate for First Class Ma~ - each 27 Public Hearing Sign - 2'X3' for road frontages of 45 or less mph $65 each 28 Public Hearing Sign - 3'X4' for road frontages of 45+ mph $100 each AnnexaUon - $350 29 Publication Fees Zoning - $70 0- 5 acres $1,500 5 +- 25 acres $2,000 30 Zoning Plan (related to Interim Ordinance) 25 +- 50 acres $3,000 50 + acres $4,000 + $10 / acre 31 Pro,lect Plan (related to Interim Ord!nance) $1,000 + $25 / acre 32 Design Plan (related to Interim Ordinance) $1,000 + $25 / acre NOTE The fees for ~tems #:3g~-2gx40;-aad-~ #'s 25, 26, 27 and 28 wdl be co ys m a~ ~gs and sign postings Fadure to pay fees will result m removal from scheduled agenda AGENDA INFORMATION SHEET AGENDA DATE' February 5, 2002 DEPARTMENT. City Manager's Office CM. Mike Conduff, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions BACKGROUND The following is a hst of current Board/Commission vacancies/nominations Mary Alice Moreno has resigned from the Community Development Advisory Committee This is a nomination for the entire counml based on the revisions made to the nomination process Attached is a hst of the current members If you require any further mformat~on, please let me know Respectfully submitted ~m~ ~ uz~Y UP DENTON, 940 383 2445, JAN-22-02 t0 50AM, PAaE 2/2 Community Development Dlvismn Econo~uc Development Department lO0 W O~ State 208 Denton, Texas 76201 ~ Mary Alice Moreno 3608 Marianne Circle Denton, Texas 76201 Dear Barbara Ross, I regret to inform you lhat as of today's dine, I resign as member o/'the Community Development Advisory Committee My rash for you is that all your efforts ~n some wa), be rowarde~L Sincerely, Mary Ahce Moreno HANDOUT TO COUNCIL 2/4/02 TO: Doug Powell/Larry Reichhart SUBJECT: Request Zoning Change Reference Melvin Haisler and J B I-busier, Jr meeting with Larry Remhhart on 1 February 2002 L Block 1 We want to go on record of requesting a zoning change for Block one, a 54 acre tract shown on the accompanying map We want to propose that the entire 54 acre tract be zoned "CM-O" This property is on the intersection of two of Denton's major thoroughfares (Loop 285/FM2164) and we flunk should be used for retail and general business purposes TI,ns intersection has controlled access to Loop 288 w~th North Locust passing underneath the Loop, Both of these roads carry a high density of traffic at all hours of the day and night It is does not make logical sense to utilize flus land for residential use and then put in unattractive sound bamer walls to make living tolerable for the residents We think it is more sensible to utilize this land for retail and business, because the roads and accessibility for good traffic flow are already in place We feel like "CM_G" is the best use for this parcel of this land at flus time H. Blocks 2 & $ Blocks 2 and 3 are tracts of land just North of Loop 288 and along FM2164 These tracts are presently shown on the zomng map as '~'R-4" and "NCR-6" We want to propose that these tracts be zoned "EC-C" FM 2164 North of Loop 288 is a h~eed and h~c dens~t_y--m-~aJ°~ vnth heavy truck traffic These tracts are not suitable f6r residential ~nt because of numerous undesirable feamras The old abandoned Missile Base, a Mobde Homes Park, the cellular transmission tower, the high-pressure high volume (8 in ) gas line, and high voltage transmission power hne A proposed thoroughfare connecting I-3 $ and FM 428 would also make fi,as tract more suitable or "EC-C" zomng Respectfully Submitted J B,I-I~sler, Sr /j/B Haisler, Jr Mary A/nn McCutcheon Mel~m Hmsler Cl~y of Denton hiip//www demonmaps com/sonp~s/esnmap pt Y"0&MapScale' 1000&Label-&ume=32129 67 NCR 4 NCR 4 ~ttp I/www dentonmapa ~m DIaC~IMER This data has ~n ~mpll~ for ~ C~ H of Dean Vadous offic~l and u~fficlal CIW of ~ur~ ~m u~ to g~ ~ C~ of ~on M I ~215 East Mc~nney Denton info~tion Eva~ effoA ~s made to ~D~n, T~s 7~1 ensure ~e accuracy of this d~, h~er, no guam~ · gNen or Impli~ ~'~ ~02 as ~ ~e accuracy of aaid d~ 2/4/02 9 O4 AM 1 ofl HANDOUT TO COUNCIL EVVECVlVE MAUCU IS, 2001 CITY OF FRISCO - BUILDING DEPARTMENT CONTRACTORS * RESIDENTIAL * GUIDELINE Department Office Location 6859 Main Street, Frisco, TX 75034 Main: (972) 335-5580 Fax: (972) 335-5579 Inspection L~ne: (972) 335-5586 Donme Mayfield Chief Building Official Ext 152 Steve Comngton Assistant Bmld~ng Official Ext 153 Umberto Allon Commercial Plan Reviewer Ext 154 Jim Cottone Plan Reviewer Ext 102 Sharon Elhott Code Enforcement Officer Ext 188 Nancy Jenlans Permit Teehmclan Ext 195 Charles I~rk Resldenaal Plan Reviewer Ext 185 Juhe Stallcup Registered Samtanan Ext 155 Momca Snuth Health Inspector/Code Officer Ext 155 JeffBlake Senior Building Inspector Ext 187 Bryan Ausenbaugh Bmldlng Inspector Ext 188 Phil Blakely Building Inspector Ext 190 Ty Chapman Bufldmg Inspector Ext 188 Robert Munro BmldmgInspector Ext 186 Travls Prothro Building Inspector Ext 189 Lee Swain Building Inspector Ext 189 Robert Vlgneault Building Inspector Ext 190 Tom Wheeler Building Inspector Ext 186 Chris Wintson Bmldmg Inspector Ext 187 INSPECTION CALL-IN TIMES CALL BEFORE 7 30AM FOR MORNING INSPECTIONS CALL BEFORE I2.30PM FOR AFYERNOON INSPEC1 IONS IF THERE IS ANY TECHNICAL DIFI~ICULTY OR YOU HEAR A BUSY SIGNAl,, PLEASL FRY AGAIN LATER. THANK YOU CONTENTS I DESIGN & DOCUMENTATION REQUIREMENTS pg 2 2 RESIDENTIAL MASONRY CONSTRUCTION pg 3 3 CONTRACTOR REGISTRATION pg 4 4 PERMIT APPLICATION pg 6 5 PLAN SUBMISSION PACKAGE pg 7 6 CODE COMPLIANCE pg 8 7 2000 INT'L ENERGY CONSERVATION CODE COMPLIANCE pg 8 8 CITY OF FRISCO PLAN REVIEW PROCESS pg 9 9 BUILDING SITE ORGANIZATION pg 10 10 BUILDING LOT EROSION & DEBRIS CONTAINMENT PLAN pg 11 1l FIELD INSPECTION pg 12 12 FENCES pg 19 13 LAWN IRRIGATION SYSTEMS pg 20 14 REINSPECTION (AKA "RED TAG") PROCEDURES pg 21 15 SUMMARY pg 22 Design & Documentaaon Reqmrements for Residential Structural Foundations Engineers Letter with each foundation Design Shall Include A Reference to the builders' name and plat number B Reference to the soils report number, date of report, and soils engineer name C Subject propen3, address, Lot and Block, Sub-division and Phase D Site soils design criteria including Qa, PI, and PVR E Acknowledgement that the structural engineer has been retained by the builder to perform pre-pour foundation mspectaon(s) prior to the builders request for c~ty lnspecOon F Current apphcable code compliance including 1997 UBC Engineers Design Drawing A Foundatmn Design must be site specific to the lot and Block indicated on the engineers' letter B Reqmrmnents if any for soils pr~treatment prior to form work or excavation must be clearly re&cared on the design drawing C All hold harmless notes regarding option to mtara the engineer for inspection must be removed D Demgn engineer lnspecUon required Engmeers Foundation Inspection And Subsequent Letter Of Acceptance A On the engmeers day of inspection the work if acceptable shall be tagged Indicating it, prior to city inspection B Wittun (5) five working days after inspection and acceptance written confirmatten must be mmled to both the builder and the City et lmsco Building Inspection Department Attn CinefBldg Inspector C The letter shall reference the subject property, date and t~me of the inspection along with the name of the mspector D On specific pads with a PVR of 4 1/2" or greater where the builder has elected to pour a structural slab on grade all records of soils pre-treatment must be indicated along with documentation and lnspectaon reports of soft pre-wettang and (or) any other means of stabfllzataon Form Survey A The form sur~y shall be made available on-site to the City of Frisco Building Inspector at the time of foundatmn mspectmn and shall include setback information, top of form elevatmn, and all easements Rough Grading' After placement of concrete & removal of forms, lots shall be rough graded to prowde positive drainage away from foundatmn & shall be maintained throughout the eonstmctmn process 6 Final Grade Survey A The budder shall prowde to the c~ty, a final survey prior to C O The final survey shall ~ndaeate final grades w~th posative drainage away fi.om the foundation B The Surveyor shall xdent~fy the property and be cop~ed to the budder, future homeowner, and C~ty Bullthng Inspection Department Attn Chaef Bmldlng Inspector 7 Homeowners Foundation Maintenance Acknowledgement Letter A The bmlder shall furmsh to the city a copy of the foundataon maratenance letter B The homeowner's szgnature and date shall acknowledge receipt of th~s letter II. Residential Masonry Construction Exterior masonry constmcUon matarials shall be defined as clay fired brick, natural and manufactured stone, gramte, marble, amlutectural concrete block and stucco Detached garages and any accessory bmld~ng greater than 160 sq ft shall be constructed using the same facade as the mare bmldmg materials Alt homes w~ll be constructed using 100% masonry at thc exterior facade Exception areas w~ll be hm~ted to masonry supported by wood/steel fi.amrag, window box-outs, and bay w~ndows which do not extend down to the foundation, roof dormers, garage door headers at rear entry garages, columns, and clunmeys that are not part of an exterior wall, or other archatactural features approved by the bmldang officml AIl single story homes shall be 100% masonry All two-story homes shall be 100% masonry Ceraentat~ons fiberboard matanals or an approved Engineer treated wood product may be accepted as a non-masonry subst~tuta up to 50% of the total area at the second level Exterior vemcal walls for two story homes from the foundation to the roof soffit shall be masonry Non-Masonry facade materials to be used in the areas as prewously noted shall consist ol materials that are thmens~onally stable, not prone to extensave moasture absorption, rot or premature fmlure due to deferred m~untenance Cementat~ous l~ther s~drag and trim products along wtth treated/angmeered wood s~thng and mm product materials havang s~mdar warrant~ and hfe expectancy w~ll be reqmred in the non-masonry areas Wood ~s acceptable for non- structural arctutectural feature areas ~f approved by the Bualdmg Officml Plans submatted for a bmldmg penmt should clearly ~dent~fy all faoade and mm materials I~a~lure to ~denUfy these mate~als wall result an plan rejection and plan re-submittal III. Contractor Registration Any contractors, who are required by state law or local ordinance to be licensed, must register with the City of Frisco before being issued pernuts or before performing any work A master license m the specific trade is required to register as a contractor Licensed Journeyman working for the registered contractor shall be listed on the contractor registration All work shall be supervised by a licensed journeyman, who must be wlthm 5 rmnutes of any job under his supervlmon A licensed residential Wlreman may superwse one helper or apprentice, however, a contractor with two or more residential wlreman crews operating in a sub-division must have a licensed journeyman m the sub-division wltlun 5 nnnutes of each job Any work discovered being performed without the required hcensed personnel should be conspicuously ldentffied to prevent reuse and shall be removed Multiple violations of hcensure reqmrements may result In suspension of the contractor's Registration, including the right to obtain permits to work in this city A subcontractor is defined as an elecmman, plumber, HVAC (mechanical), irrigator, backflow tester, sign contractor, and/or trash hauler General Contractor/Bnllder Registrant/Re Roof Contractor~dPool Contractors A valid state of Texas drivers' license or photo ~denOficanon card 2General Contractor RegnstraOon Apphcat~on filled out completely 3There is no registration fee at this t~me Electrlcgi Registrant 1 A valid "master license" is required at the time of registration (Journeyman licenses are not acceptable ) 2 A vahd state of Texas drivers' license or photo identification card 3 A valid cemficate of hablhty insurance (or bond) 4 All journeymen performing work must be reg~tered and possess a current journeyman's hcense Copies of hcenses must be provided 5 A list of additional persons authorized to s~gn apphcat~ons and pick up approved permits for your company, and 6 Fifty ($50 00) dollars registration fee Plumbing, Reentrant 1 A valid "plumbing master license" is required at the t~me of registration (Journeyman licenses are not acceptable ) 2A vahd state of Texas drivers' license or photo ldent~ficanon card 3A valid cemficate of liability insurance (or bond) 4 All journeymen perfonmng work must be registered and possess a current journeyman's hcense Copies of hcenses must be provided 5 A list of additional persons authorized to s~gn apphcat~ons and pick up approved permits for your company, and 6 Fifty ($50 00) dollars reglstratmn fee Mechanical Registrant I A valid 'hnecharncal license" is reqmred at the time of registration 2 A valid state of Texas drivers' license or photo ldentfficatlon card 3 A valid certfficate of hablhty insurance (or bond) 4 A list of addltaanal persons authorized to sign applications and pick up approved pernuts for your company, and 5 Fifty ($50 00) dollars regtstratlon fee 4 Irrigator Registrant 1 A vahd TNRCC hcense ts reqmred at the ttme of registration 2 A vahd state of Texas dnvers' hcense or photo ~dentfficat~on card 3 A vahd cemficate of babthty insurance (or bond) 4 A hst of addtttonal persons authonzed to stgn apphcattons and pink up approved permits for your company, and 5 F~fty ($50 00) dollars regtstrat~on fee Trash Hauler Registrant A vahd state of Texas drivers hcense for each trash hauler operating a vehmle tn the Ctty Of Frisco 2 A vahd cemficate of habfl~ty insurance (or bond) 3 A bst of addtt~onal persons authorized to s~gn apphcat~ons and pink up approved permtts for your company, and 4 Fffiy ($50 00) dollars reg~stratmn fee 5 S~gned contractor regtstrataon apphcatton verifying that disposal of debris/trash w~ll be transported to a north Texas mummpal water dtsmct landfill Sign Contractor Registrant A vahd state of Texas drivers' hcense 2 A vahd cemficate of habthty insurance (or bond) 3 A hst of addtt~onal persons authorized to s~gn apphcatmns and pink up approved permtts for your company, and 4 Ftfoy ($50 00) dollars reg~stmtaon fee Bnckflow Tester Registrants A vahd state of Texas drivers' bcense 2 A vahd TNRCC hcense tssued from the state of Texas 3 A vahd cemficate of habdtty insurance (or bond) 4 No fee for regtstmt~on at thts t~me IV. PERMIT APPLICATION A residentml permit apphcat~on consists of four (4) forms, winch must be completely filled out, dated and signed by the builder and his/her registered MEP sub-contractors These forms are the "eleetncal perrmf', "mechanical penmt', "plumbing permit", and "appbcatton for building penmt" forms These are available in the lobby at Development Services 2 All lnfonuation lncluthng names, addresses, and phone numbers of applicant, owner, & contractors must be legibly completed Contractors Registmt~on Number must be mcluded 3 Detailed and accurate descnptmn is required for the address (ST, DR, LN, CT, AVE, ETC ) and legal descnptmn mcludmg Lot, Block, complete subdivision name (PH l, 2, 3, ETC ) 4 All lnformatton concermng building description and materials must be accurately and completely shown AC ares = total air condmoned space as ldenufied and required on the drawings Total area = AC space, plus garage(s), porch(es) and patio(s) No of stones = 1 or 2 No ofdwelbng units = I (sff) 2 (dplx) Estima~ed value = land improvement cost 5 Type of foundation = post tension, rebar, pier & beam, etc Exterior walls = 100% masonry as defined Roofing = composition, metal, Ule, etc Fireplace = metal or masonry 6 Homes with a combined AC and garage area of 6,000 sq ft or more will require an Automanc Fire Protection Spnnlder System The design and mstallation approved, pernntted and respected by the City of Frisco Fire Marshal NOTE Whenever any work for which a perrmt is required has been commenced without first obtmmng a permit, a special mvestugatlon shall be made before a penmt may be issued for such work An investigation fee, m addltmn to the perrmt fee shall be collected whether or not a penmt is then or subsequently issued The mvestxgsUon fee shall be equal to the amount of the permit fee required by the code The rmmmum mvest~gaUon fee shall be the same, as the minimum fee set forth in Table I-A of the 1997 Uniform Bmldmg Code V. PLAN SUBMISSION PACKAGE Along with the permit apphcat~on forms, the following documents are reqmred m the quantity and det0al as specified Plot Plan two (2) 8 1/2" x I 1" required containing lot d~mens~ons, plan footpnnt, set- backs (all 4), complete address, lot & block, subdIwslon & phase, easement locations, Engmeer's name & Builder's name, fimsh pad elevations & fimsh floor elevattons, drive- way, sidewalk & fence location(s), lot area, slab area, and coverage percentage 2 Foundatmn Design, Drawing & Engineer's Letter one (1) copy ff each 3 Drawing Submission two (2) complete sets A Scale 1/8" or ~,4" on sheets between 1 l'x 17" to 24'x36" B Area summary on first drawing in the set corresponding to the area on the penmt appheat~on is required C Floor plans, elevations, framing, roof plan, electrical, and "to be built" options must be clearly shown and detailed Options shown, but not "red lined" as not being built for this particular permit will be interpreted by the plan reviewer as being part of the permit appheatmn Single sheet stbm~ttal ~s unacceptable HVAC and plumbing design drawings are recommended, as ~s the placement locanon of the water heater(s) and gas hnes Note to avoid loss of permit apphcataon documents, staple the perrmt, plot plan(s), and the engineer's letter together Roll same within drawing submittal D Elevation drawings must clearly state that the house meets the one hundred (100%) percent masonry reqmrement m brick, stone, stucco or any combmatmn thereof See Residential Masonry Construction on pg 3 for more reformation VI. CODE COMPLIANCE Resldentml construction must adhere to the following 2000 International Energy Conservation Code, 1999 National Electx~cal Code, w~th local amendments 1997 Umform Bufidmg Code, w~th local amendments 1997 Umform F~re Code, w~th local amendments 1997 Umform Mechamcal Code, w~th local amendments 1997 Umform Plumbing Code, w~th local amendments Adopted C~ty of Frisco Zomng, Subd~ws~on and Building Ordinances The focus of plan review and building inspection ~s quahty residential construction You, as a builder must reqmre your designer, engineer(s), and subcontractors to draw, specify, and build homes that reflect the code reqmramants and other regulations hsted above Your best effort, along with ours, will actueve the goals of hfe safety, energy efficiency, and quahty home conslx~lC~lOn VII, 2000 INTERNATIONAL ENERGY CONSERVATION CODE COMPLIANCE All residential construction must comply w~th the following s~mphfied energy reqmremen~s These are the m~mmum reqmrements Attic Insulation - Blown --R30 2 Exterior Sloped Ceiling Blanket -- R22 3 Floor Insulation - ~ e above the garage Blanket -- R22 4 Exterior Wall Insulatxon -- RI3 5 Enwronmental A~r Duct m Uncontht~oned Spaces = R6 6 Exterior Windows -- U 65 (Amended from U-- 60) Each window assembly ~s reqmred to d~splay at the nme of insulation a eertlficatlon-ratang label indicating that The Nanonal Fenestmtmn Rating Council has tested the assembly The label shall not be removed untal after the msulanon ~nspecnon W~ndow assembhes which do not bear a cert~ficaUon rating label will be red tagged and removed from the mulhon opening 8 VIII. CITY OF FRISCO PLAN REVIEW PROCESS All budders are reqmred to log m each of their penmt apphcat~on packages at the t~me of subm~ssmn at the Development Servmes Customer Servme Lobby The log m date and date on the permit must be the same 2 Plans are reviewed m the order as received The oldest being the next m the rewew process 3 Our goal m plan remew ~s for a two (2) week turn-a-round t~me frame for complete and accurately prepared subnuttal packages Incomplete submissions (sometinng ~s n~ss]ng I e, Engineer's Letter, apphcat~on not signed, etc ) Reqmre a call to the bmlder and at least one (1) week delay m processing the permit Check and ensure the submittal is complete 4 In the plan remew process there are a number of errors and onuss~ons that slow our productlwty, and, thus, increase the tun. a-round t~me for your permit The most common are as follows A An mcomple{e and/or unsigned permit apphcatmn B Mlssmg reqmred docum~ats C M~ssmg sq i~ summary on cover sheet of the drawings D Not ~dentffymg tempered glass where required E Not prowdmg operable sash where reqmred F Not prowdmg a tmmmum clear garage parkang area of 18'0" w~de x 20'0" depth for two (2) parl~ng spaces as measured from wall to wall m both d~rectmns Note C~ty Parl~ng Orthnance and The Umform Plumbing Code proinbtt the hot water and ~ts elevated base from being w~tinn the parking area Tins ~s not to say that the water heater cannot be m the garage, but only that tt cannot be w~tinn the 18'0" w~dth x 20'0" depth parkdng envelope G Incorrectly showmg the area of larger homes just under the 6,000 sq ft (AC area plus garage(s)) to avoid the fire spnr~kler system reqmrement 9 IX. BUILDING SITE ORGANIZATION C~ty of Frisco ordinances 89-04-02 (erosion control) and 90-04-05 (trash & rubbish) address key ~ssues as to how each broider and any subcontractors are to maintain the bmldmg site throughout the construction process Paramount to both ordmances are the streets, alleys, as well as adjecont property(les) (whether vacant, under construction, or occupaed) being kept free of all construction debris 2 On-s~te portable saturation faolhtaes must be prowded at the t~me of ~mt~al construction act~wty The portable samtat~on fac~lmes must be serviced, as needed One faclhty per five bmldmg s~tes ~s reqmred 3 T-pole installation, prior to slab forming, w~th ground fault protection at the service outlets 4 Site ~dent~flcat~on s~gnage radxcat~ng property address, as well as lot and block must be Vlsxble from the street not alley 5 Trash bras on s~te pr~or to franung, shall be emptaed and replaced as needed during 6 Avmlable bmlder superws~on on-s~te during bmlder requested progress mepect~ons 7 Required bmldang lot erosion control and mbbash containment as per sketch on the following page Must be continuously maintained throughout construction process Inspector may reqmre additional erosion control 8 On-s~te working hours are Monday - Friday, 7 00 a m t~ll 10 00 p m per the No,se Ordinance Saturday working hours are 8 00 a m t~ll 7 00 p m 9 The water meter box must be set to grade and exposed before the water department w~ll install the water meter For water meter reformation, please call the water department (~ (972) 335-5520 It cannot be on s~dewalks or driveways 10 Streets must be kept clean from mud, trash and/or other debris at all t~mes Stop work orders w~ll be enforced ~f the bmlders are m wolat~on of the trash, rubbish, and erosion control 10 I EROSION & DEBRIS CONTAINMENT PLAN I BUILDING LOT ~'X-- PAVED STREET BACK ~ ~ ,, I CURB LINE ~. I ;ILT FENCE TO BE ON OR ABOUT THE STREET'S AND ALLEY'S RIGHT OF WAY LINES AS REQUIRED CONSTRUCTION SITE I WINDSCREEN TO BE ON THE INSIDE OF BOTH SIDE I PROPERTY LINES THE I BUILDING INSPECTOR MAY I REQUIRE ADDITIONAL EROSION CONTROL AND/OR TRASH CONTAINMENT MEASURES IF NECESSARY ~ PAVED ALLEY ~ LEGEND I "1 CUR,EX OR EQUAL GROU.D COVER 4' HIGH WINDSCREEN FENCE --'""----- 2' HIGH SILT FENCE (WHERE REQ'D BY SLOPE CONDITIONS) NOTE AREAS COVERED WITH CURLEX MUST BE CLEAR OF OBSTRUCTION AND CONSTRUCTION MATERIALS AT ALL TIMES AND CONSTANTLY MAINTAINED IN GOOD CLEAR ORDER FOR THE ENTIRE DURATION OF CONSTRUCTION ON THE LOT X. FIELD INSPECTION The follovang required inspections are completed m the following order T-Pole 2 Plumbang Rough, Water Tap, Sower Tap 3 Foundataon 4 Sewer Camera Inspectaon 5 Flatwork (Should be poured at, er Camera Inspecnon as complete & passed) 6 2~d~ Inspectaon includes Framang, Plumbing Top Out, Electrical Rough, Mechamcal Rough, Fareplace / Masonry 7 Insulalaon 8 Drywall 9 Electrical - Gas Meter Release 10 Building Final - Cemficate Of Occupancy (C O ) Inspections must be called m when ready Inspection vall be made vathm twenty-four (24) hours of receipt of telephone call At the current t~me, Building inspections are bemg made vat}un 4 hours of being called m See Below All inspections demed and assued "red tegs" (aka not acceptable tags) must pay the assessed remspect~on fee of tturty ($30 00) dollars before re- calling the m-inspection Due to the inspection workload, we cannot accommodate scheduled appointment t~mes To call m an inspection, please call (972) 335-5586 Requests made before 7 30am wall be respected m the mormng Requests made before 12 30pm vall be respected dunng the afternoon Should you receave a "busy s~gnal" or any other techmcal dafficulty, please try again If you hear the phone lane nngmg continuously, inspections are currently being removed from the recorder and you vail need to try agmn later When calhng m an mspectton, please ensure that you provade the following mformat~on and please speak clearly & slowly Please gave the nformat~on m the order hsted below W~th the new software system, an ancorrect permat number wall result m the inspection being rejected and not completed Bmld~ng Perrmt Number 2 Type of Inspection 3 Physmal Address of Property to be mspeeted 4Bmlder's Name 5Subdawmon 6 Person Calling an the Inspection Request NOTE The "Inspection Request Line' ~s NOT a message center to reach an ~nspector or to cancel an mspectaon If you would hke to cancel an mspecUon, please call a Customer Servace Representative at 972 335 5580, Ext 105 or 106 To contact a Bmldang Inspector, call one of the Customer Servaee Representataves or the telephone extansaon of the Building Inspector to leave a message T-Pgle l Address and permat posted 2 Heaght - meter base must be 4' -6' above grade 3 Ground-fanlt protected - All 20 & 30 amp mrcmts 4 Pole must be braced 5 Panel grounded 6 Plugs and breakers an rmn proof enclosure 12 Plurobin~ Rough Permit posting 2 Proper fittings used m system 3 S~ze vents and traps 4 Water test (5' head of water at last stack) 5 S~ze water sermce (3/4" mxmmum, copper is required) 6 Hose b~bs ~nstalled to check pressure on water hne Alternate A~r test of 50 psi 7 Copper hnes not allowed to touch Copper must be sleeved, taped or painted where exposed to concrete Use proper color sleeves (Red = Hot, Blue = Cold) 8 Valves and box 18" rmmmum from foundatmn 9 All budding sewers (yard hnes) will be 4" nummum w~th a 4" double or 3-way clean out installed 18" from the foundation Exceptionally long bmldlng sewers will have addmonal clean outs installed every one hundred (100') feet Tums m sewers will be made with 1/8 or 1/16 bends only No nmety (90°) degree fimngs m sewer or budding dram 11 Water and sewer hnes must be m separate trenches or ~n a common trench with water hne placed on a sohd shelf 12" above sewer hne 12 Poly gas hnes will be rmmmum 18" deep with 18 gauge, yellow tracer w~re Steel p~pe and jomts will be protected wxth approved wrapping and Amest of 15 psi 13 Underground p~pmg must be bedded m sand 14 All hot water hnes shall be insulated 15 C~ty water meter will not be located m driveways, driveway approaches or mty sxdewalks 16 Each bmldmg sewer will be mspeeted by wdeo camera This mspecUon shall be performed by the C~ty of Frisco and will be scheduled ~mmethately aider Foundation InspecUon Fees for th~s mspecUon will be assessed and paid at ~ssuance of the plumbing permit Th~s mspeeUon must be passed before a 2~ds mspecUon will be made Flatwork should not be placed before Camera Inspection is approved Foundation Finish Floor - form survey w~th the finish floor elevaUon must bc at the job site before mspectaon Ewdence of Design Engmeer's Inspectmn is required Form Removal - must comply w~th the 1997 Umform Building Code (UBC) Permit posUng and property pms Check reqmred front, s~de and rear set backs 2 Post tension or other engineered plans to be on job site at Ume of mspectlon There will no dewat~on from these plans Ewdenee of Engineer's Inspectmn and pre-pour approval 3 Concrete depth four (4") ~nch rmmmum 4 Beam w~dth and depth will comply w~th Engineers Design Drawing table 18-1-D of the 1997 UBC or approved plans 5 Check bnck ledge - one hundred (100%) pement on the first floor 6 Chmrs under reinforcing steel 7 Exposed copper sleeved (taped or wrapped) 8 Forms will be adequately braced 9 Blockouts for tubs and showers m place 10 Rough Grading must be done after concrete placement & removal o~ forms Sewer Camera Inspection Occurs after the slab ~s poured & released, but before sldewalks can be poured 13 2 A "red tag" or "green tag" is msued at the time of the anspectton by the mty camera crew 3 If a "red tag" m msued, the location(s) and defimency0es) wall be noted on the backside of the tag(s) 4 Correct,ye work by the contractor should follow as soon as possible 5 Re-inspection should result ~n a "green tag" issued by the mty camera crew 6 Camera lnspectaon must pass before a 2~as inspection will be made Flatwork -- S~dewalks wall be four (4') feet w~de and located wathm the right of way two (2') feet from the property lme one-quarter (lA") tach per foot slope from property hne to curb 2 Expansaon jmnts where abutlmg exastang concrete and every twenty (20') feet 3 Reinforce wlth #3 reinforcing steel at eighteen (18") tach on center, each way 4 S~dewalk marking for control joints five (5') foot center 5 Drive approaches must be five (5") anches depth and reinforced w~th number (#3) three rebar doweled rote exlstrag concrete on mghteen (l g') tach centers placed on compacted subgrade 6 There must be a mammum five (5') foot turning radius 7 Meters, plumbing boxes, electrical boxes, etc Will not be located m driveway(s), drive approaches, or ~n the C~ty of Fnsco's sidewalk(s) 8 Hand,cap ramps must conform to the Americans with DmaNhtaes Act (ADA) standards 9 Gas meters must be a man of three feet (3') off drive-way slab edge 2~a' lnspecUons 1 Framing A All bottom plates on masonry or concrete foundatmns wall be pressure treated Plates will be secured w~th approved, three (3") tach metal pans at intervals m comphanco wlth the UBC, seclaou 2320 11 3 standards (or by not less than Va" diameter bolts) B Wand bracing must conform to section 2326 11 3 of the UBC Nmhng per schedule C Check lumber grade Jmst and rat~er spans per tables D Valleys, haps and ridges must be no less than two (2") inches ~n nominal thickness and not less m depth than the cut end of the rafter E Purlins must be the same s~ze as the rafter wath struts four (4') feeton center Struts over eight (8') feet m length must be braced Rafter taes must be four (4') feet on center F Jmsts over four (4') feet m length that terminate, other than on a beanng wall, must be pressure blocked or jmst hangers must be used G Furr downs, chimney(s), cethngs et different heights, and vertacal wall spaces over ten (10') feet must be fire blocked H There must be one (1) hour fire remstant construction under stairs and walls between garages and hwng areas Mmamum one and three-e~ghths (1 3/8") roches ttuck, sohd core door from garage to hvmg area that as self closing [ Stmrs must comply wath sectaon 1003 3 3 of the UBC J Metal fireplaces must be installed accordmg to factory spemficataons An outside supply mr for combustion ~s required K There must be a eontanuous vapor bamer at the brick ledge behrad sheathang L There must be a block around the flue to prevent lnsulatmn accumulataon around metal chmmey(s) 14 M Buck t~es must be m place N Masonry on wood must have a signed, sealed "engineer drawing" or detail O Pull down struts that provide access/egress to attic HVAC equipment and (or) hot water heater(s) must have a 300 pound per tread load capacity Plumbing Top Out A All vents must extend through roof (a minimum of six (6") inches) w~th flashings pmperly installed B Size traps, trap arms and vents Check for the proper use of fittings The combined cross-sect~onal area of vents through the roof will be equal to (or > greater than) the eross-sec~onal area of the building sewer C No horizontal vents below left.two (42") inches above floor D Nail guards must be used where pipes penetrate walls and plates E All water pipes m exterior walls or within 12" of an exterior wall must be insulated All hot water lines must be ~nsulated All copper lines must be braced or strapped in walls G All water heaters must be In an approved drip pan with dra~n Water heaters located in the garage must be placed on a platform eighteen (I 8") roches above the floor Pop-off'valve lines will not d~scharge onto any porch, patio, sidewalk or garage Pop-offhnes must be rigid copper or CPVC plastm H Mlmmum one (1") inch clearance from combustables on gas-fired appliance vents (Must be double-walled vents ) I A water test will be conducted in upstars residences dunng the plumbing top out mspectmn J Clean outs must be installed above arm tie-ms K Approved shower pans must be installed and water tested L Test gas lines at no less than fit~een (< 15) PS1 60 PSI for med pressure lines M No gas lines m the return or combustton air N Mimmum of one-hundred (100) square inches combustion air divided between top and bottom in enclosures for gas fired appliances Electrical Rough A Minimum 12-2 with ground copper conductor B No aluminum or copper clad aluminum conductors are penmtted C Check panel for s~ze, bonding strap, and bond~ng bushing D Panel must be grounded to cold water piping and to a supplemental ground rod E Check for required receptacles Maximum twelve (12') feet floor space between plugs Receptacle required in walls exceeding two (2') feet in length F Two (2) separate 20 amp circuits to the totchen with no appliances permitted on those circuits, except a refrigerator GFCI required on all katchen, bath, laundry and garage receptacles G Laundry clI~Utt cannot leave utility room H GFCI required m all exterior receptacles I All romex stapled wItlUn eight (8") inches of non-metallic boxes or twelve (12") of metallic boxes J All romex extending through masonry must be sleeved K All romex m return air wast be sleeved L A sermce disconnecting means must be installed outside of the building or structure on all occupancies, except those classified as group "R" division 3 15 (single-family dwellings) A sermce disconnecting means for single family dwellings must be located m the garage M Smoke detectors in dwelling units must be located ~n each sleeping room and at a point centrally located m each corridor or ama glvang access m each sleeping area A smoke detector wall be installed in hallways and adjacent rooms where the bedroom cethng height exceeds twenty-four (24") mcbes m height above the hallway ceiling heaght and be interconnected Required smoke detectors must receive their primary power from the building wrong and wall be equipped with a battery back up The smoke detector will emit an audible signal when the batteries are low in power NProtect panel from pmnt & drywall overspmy dunng constmctton 4 Mechanical Rough A Metal ducts must be serowed (mlmmum three (3) screws) and taped B Flex duet yell be properly supported and turns made in a manner that will not restrict airflow Use approved splice connectors C Condensate drams must be t~ed rote a wet trap D Attac coils must have a secondary condensate drain pan with 3A drmn to exterior and must discharge over a window E The elect'ac wrong m return air plenums must be in metalhc conduit, with termination an metal boxes F Bath exhaust fans must extend to the outsade Metallic duct required in concealed spaces G The dryer vent metal ducts maxanum length is twenty-five (25) feet w~th only two (2), mnety (90) degree bends Two-foot (2') shall be deducted for each addmonal mnety (90) degree bend H Insulataon for a/c ducts must meet energy code requirements with the minimum being R-6 in unconahtloned spaces 5 Fireplaces (masonry) A There must be a mlmmum two (2") anch clearance from combustibles B There must be a mlmmum eight (8") inch thickness of masonry back up walls C There must be a mammum of one-quarter (~A") inch joints between firebrick D There must be an operable two or more positron damper in place E There must be a clamp on the damper of all fuel burning umts Verify Compliance with the energy code in walls, ceilings, ductwurk, and windows See pg 8 Dtwwall Check for one (1) hour fire resistive constmcUon in garages and usable space under stairways Type "x" 5/8" gypsum wall board taped and sealed 2 Check for water-resistant gypboard an wet areas 3 Check nailing as per table 25-G m the 1997 UBC Electrical Final I Check panels for breakers and size and ensure that breakers are labeled accordingly 2 Condurt and dascnnnect for air eondmoner compressor(s) A/C dasconnects must be labeled to coincide wath panel 3 Connecttons an meter base 16 4 Cold water and ground rod clamps nmst be t~ght Label panel legend to md~cate locaUon of cold water ground 5 Ail receptacles, sw~tchas, fixtures and apphances completed 0nclud~ng covers) 6 Check plug for spa motor under bathtub for GFCI protection 7 No more than 42 breakers per panel Plumbm~ lhnal Gas systems - all fixtures must be connected w~th approved valves and flexible connectors Unused opemngs must have valves & plugs 2 Check for traps and connections at all fixtures 3 A~r gap fi~ngs at the d~shwasher dr*un 4 The maximum flow rates of plumbing fixtures and fimngs most comply voth the following 5 Lavato~ and sink faucets or faucet aerators 60 PSI, 2 5 gallons per nnnute 6 Shower heads 80 PSI, 2 5 gallons per nnnute 7 Flush valve unnals, 1 0 gallon per flush 8 Toilets 1 6 gallons per flush and/or 9 Flush valve tuflets, 2 0 gallons per flush 10 Gas lotchan apphances must have ensfly accessible shut-off valves Utili~ releases Ut~bty meters will be released to the appropriate uuhty company0es) w~th~n twenty-four (24) hours of an acceptable respect:on Please do not call the budding mspectors until adequate tame has been allowed for the release flus mformaUon Also, th~s t~meframe should allow adequate t~me for the uUhty company(les) to enter a release rote their computer sys~m Gmdelines for early ~as releases Furnace umts complete mcluthng vent through roof with cap and collar, approved gas valve and connection 2 Amc start or ladder prowdmg access to attac umts w~th a rmmmum 300 pound capacity 3 A Catwalk to umt w~th 24" tmmmum w~dth and 30" clear area m from of umts, no further than 20' from umt 4 CombusUon mr as per code 5 Functional thermostat 6 OutsMe compressors need not be installed 7 Electrical connection to furnace must be approved 8 Breaker for furnace must be installed m panel, covered, and labeled Budding final / C.O. Water meter and valve boxes must be set to grade and cleaned out so connections and valves are wsthle 2 No broken walks or approaches pemutted 3 Final grade, positive drainage, swale location and erosxon control 4 Smoke detector must be operational and locations of each must be m comphance 5 A~c access must have a catwalk to furnaces and/or water heaters 6 Reqmred exit hardware 7 There must be weather stripping on all exterior doors 8 All wradows must be completely free of breaks end/or cracks 17 9 Air condltaoner compressor must be operational and mounted on a level concrete eqmpment pad 10 There must be proper combuslaon tar entenng mechamcaI closets that contmn gas fire apphanoes 11 Window screens must be mstalled 12 House numbers of contrasting color must be at front and/or rear of property 13 Sadewalks, alleyways and streets must be clean and free of all debris 0nclud~ng mud, rocks, construction material, otc ) AdJoining lots must also be clear of trash 14 Blown an insulation must be m place and at the proper depth for the r-value reqmmments 15 Check ground md connection Ground rod must be protected w~th dart cover or ng~d plastm over connection pomt 16 Gfi's must be operational at all installation locations 17 Reqmmd landscaping must be mstalled 18 All "red tags" must be ptad m full before a cemficate of occupancy w~ll be ~ssued 19 F~nal Survey and homeowner mgned Foundataon Maintenance Letter on file 18 XI. FENCES All fences m the City of Frisco reqmre a permit before construction begins Please submit a plot plan mdmatmg the placement of the fence All bmldmg penmts for new res~dentml constmctmn Include the permit fee for the fence 2 Fences can be erected only on (or wthm) the property line of the residence of ownerstup 3 Fences (regardless of design or material) cannot exceed e~ght (8') feet m vertical heaght from grade 4 Retauung walls over tharty-sLx (36") roches m heaght must have a perrmt as well as an engmeerod design If a retmmng wall is utdlzed and a pernnt is issued, the height of the fence cannot exceed e~ght (8') feet from the grade created by the rotalmng wall 5 Masomy fences will reqmre an engineered design approved by the City of Frisco bmldmg department before construction can begin 6 Fence posts must be of treated wood or metal 7 Electric fences are not perrmtted 8 Any po~on of the fence and/or its gate(s) will not interfere w~th the drainage swale between lots 9 If m doubt regarding the acceptability of a fencing material or design, contact the bmldmg inspection department 10 Fences that enclose pools and/or spas must meet specffic design reqmrements mcludmg gates as outhned m the pool/spa gmdehne avmlable under separate cover in the development servmes lobby for interested mqumes 19 XIL LAWN IRRIGATION SYSTEMS Ensure building penmt is displayed on new con~truction until ce~ficate of occupancy is ~ssued 2 Check "tie in" to water supply 3 Check the double cheek valve Double check valve must be tested upon mstallat~on 4 Check the electncal connection at the master control 5 Copy of backflow device test must be on file at the building inspection department 6 Imgation system designs should minimize mn-off onto streets, alleys and adjacent propemes 7 It is recommended that homeowners be g~ven written ~nstruction on watenng frequency and resource conservation 8 A permit ~s ~ssued for each meter or Backflow Protection Device installed on property location 20 XIII. REINSPECTION (AKA "RED TAG") PROCEDURES Dunng builder requested progress Inspections, defic~ency0es) will receive a not acceptable (aka "red tag") md~catang wbach ~tems are ~n need of attention and maintenance Some mspeetmns may reqmre that more than one (1) red ~ag be ~ssued It is the builders responsibility to correct the tagged ~tems and request a re-mspectaon REINSPECTIONS MAY NOT BE REQUESTED ON THE SAME DAY AS THE INITIAL INSPECTION Since inspections are assigned to bmlthng respecters on a rotataon schedule, ~t ~s unhkely that the same mspeetor who ~ssued a red tag will conduct the remspeet~on Sometames dunng the remspect~on new and/or additional deficiencies may be d~scovered It ~s the builders respons~bflaty to remedy problems and take apprcpnate measures to avoid repetatave n~stakes Bmlders will be hmated to no more than ten (10) outstanding red tags at any one t~me regardless of the number of homes under eonstmctmn or the number of subd~ws~on~ an whach they are budding 2! XlV. SUMMARY Th~s guldehne has been prepared to not only assist the builder and h~s/her field superwsors, but also the designer Broiders are encouraged to share the content of th~s guideline w~th their admlmstrat~ve staff, architects, engineers, subcontractors, and mater~al suppliers Periodically, the C~ty Of Frisco intends to update this gmdehne to reflect bmldmg codo changes, newly adopted ordinances, and any other lnt'ormat~on pertinent to residential construction All builders currently bmld~ng resldent~a! structures within the C~ty O~' Fr~seo w~ll be responsible for obtaining the most current publications available Please ask the customer services representative at the development services lobby for the most current edition 22