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æØÊÉñÎÎÍøÅÉØÏÊÔÎÏÜÏÙðÈÏÔÚÔÍÜÑüÔËÍÎËÉÔÐÍËÎÇØÐØÏÉÊ éÕØðÜÄÎËËØÚÎÐÐØÏÙØÙÉÕÜÉÉÕØ ÐÔÑÑÔÎÏËØÌÈØÊÉ×ÎËÉÕØæØÊÉñÎÎÍøÅÉØÏÊÔÎÏÛØ ÛËÎÒØÏÙÎÆÏÔÏÉÎÉÕØÉÕËØØÚÎÐÍÎÏØÏÉÊÎ×ÍÑÜÏÊÊÍØÚÔ×ÔÚÜÉÔÎÏÊÜÏÙØÊÉÔÐÜÉØÊíêøËÔÖÕÉÎ× ÆÜÄÜÚÌÈÔÊÔÉÔÎÏÜÏÙÚÎÏÊÉËÈÚÉÔÎÏéÕÔÊÍËÎÓØÚÉÔÊÇÔÉÜÑÉÎùØÏÉÎÏ×ÎËÜÏÈÐÛØËÎ×ËØÜÊÎÏÊ øÑÔÐÔÏÜÉØÊÎ×ÉËÈÚÒÉËÜ××ÔÚÎÏèê ×ËÎÐÉÕØæØÊÉñÎÎÍÔÏÉØËÚÕÜÏÖØÉÎôõ ÜÏÙÙØÚËØÜÊÔÏÖÉÕØÚÎÏÖØÊÉÔÎÏÜÉÉÕØÔÏÉØËÚÕÜÏÖØÎ×èê ÜÏÙô íËÎÇÔÙØÊÜÛÄÍÜÊÊ×ÎËÉËÜ××ÔÚÎÏÉÕØÆØÊÉÊÔÙØÎ×ùØÏÉÎÏ×ÎËÉËÜ××ÔÚÍËÎÛÑØÐÊÎÏôõ îÍØÏÊÉÕØÆØÊÉÊÔÙØÎ×ùØÏÉÎÏðÈÏÔÚÔÍÜÑüÔËÍÎËÉ×ÎËÙØÇØÑÎÍÐØÏÉ íËÎÇÔÙØÊÍÈÛÑÔÚÊÜ×ØÉÄÜÚÚØÊÊÉÎÉÕØÆØÊÉÊÔÙØÎ×ùØÏÉÎÏ×ËÎÐÉÕØÏØÆ÷ÔËØêÉÜÉÔÎÏ PRIOR ACTION/REVIEW: Council reviewed and prioritized projects in January 2005. Respectfully submitted: Betty Williams Executive Administrator Attachments: Attachment 1: Congressional Funding Received Attachment 2: FY2006 Congressional Priorities Attachment 3: Proposed FY2007 Congressional Priorities CONGRESSIONAL PRIORITY PROJECTS FUNDS RECEIVED JANUARY 2006 2003 Airport Taxiway Realignment 2004 Airport Runway Realignment Downtown Redevelopment Infrastructure Perimeter sidewalks 2005 Downtown Multimodal Transportation Facilit Downtown Redevelopment Infrastructure Perimeter sidewalks 2006 Airport Southeast Taxiway Police Technology lli-35E Bridge @ Loop 288 & US 77 TOTAL FUNDS RECEIVED 1/25/2006 $2,000,000 $2,000,000 $700,000 $3,200,000 $200,000 $2,000,000 $150,000 $2,000,000 $12,250,000 Congressional Priorities FY 2006 _I ... CITY COUNCIL Mayor Euline Brock Mayor Pro Tem -II Perry McNei II _I Councilmember _I Raymond Redmon Councilmember - Pete Kamp Councilmember Jack Thomson Councilmember Joe Mulroy Councilmember Bob Montgomery CITY STAFF City Manager Michael A. Conduff Assistant City Manager Kathy L. DuBose Assistant City Manager Jon Fortune Assistant City Manager Howard Martin FY 2006 PROJECTS PAGE Top Priority: Denton West Loop 288 5 Denton Municipal Airport 6 Other Transportation Priorities: Denton IH35E Bridge @ Loop 288 and US 77 7 Denton IH35E Bridge @ State SchooljMayhill Road 8 Denton IH35E Bridge @ Post OakjLakeview Blvd. 9 Denton FM 1830 - US 377 to FM 407 10 Denton Pecan Creek Trail Loop 11 Other Priorities: Denton Radio Communications Interoperability 12 Denton Police Technology 13 Denton Library Community Outreach Program 15 Contact Information: Denton Contact Information 16 City of Denton, Texas-www.cityofdenton.com Project Summary Page 3 Top Priority Project - FY 2006 West Loop 288 Extension-IH35 to IH35W West Loop 288 from IH-35 to IH-35W Project Scope: To establish corridor alignment - construct a two- lane roadway. Description: 7.5 miles Ultimate six-lane controlled- access facility. Estimated Costs: Preliminary design and environmental assessment is underway: $760,000 Estimate for entire project: $35 million For two-lane roadway, PS&E, ROW acquisition, and construction: $15,000,000 Requested Amount: $15,000,000 City of Denton, Texas-www.cityofdenton.com Project Summary Page 5 Top Priority Project - FY 2006 Denton Municipal Airport (DTO) City of Denton, Texas-www.cityofdenton.com Project Summary Page 6 Priority Project - FY 2006 IH 35E Bridge to Loop 288 and US 77 Interstate 35E Bridge at Loop 288 and US 77 Project Scope: Widen existing four lane bridge to six-lane bridge. Description: Interstate 35E crosses over Loop 288. In order to provide an additional lane in each direction, the existing bridge will need to be reconstructed. Estimated Costs: Preliminary engineering=$87,500. Plans, Specifications and Estimates=$630,OOO. Right-of-way=$O (improvement in existing row). Construction =$6,282,500. Requested Amount: $7,000,000 Texas Department of Transportation, Denton County and the City of Denton are working to expand IH 35E to six lanes from the City's southern boundary to just north of Loop 288. Three bridges prohibit that widening. They are at Post OakjLakeview Blvd, Mayhill/State School Road and Loop 288. The City of Denton's request is for federal assistance for the replacement of these three bridges. City of Denton, Texas-www.cityofdenton.com Project Summary Page 7 Priority Project - FY 2006 IH 35E at State School/Mayhill Road Texas Department of Transportation, Denton County and the City of Denton are working to expand IH 35E to six lanes from the City's southern boundary to just north of Loop 288. Three bridges prohibit that widening. They are at Post OakjLakeview Blvd, Mayhill/State School Road and Loop 288. The City of Denton's request is for federal assistance for the replacement of these three bridges. Interstate 35E Bridge at State School and Mayhill Road Project Scope: Widen existing four-lane bridge to six-lane bridge. Description: Interstate 35E crosses over State School and Mayhill. In order to provide an additional lane in each direction, the existing bridge needs to be reconstructed. Estimated Costs: Preliminary engineering=$62,500. Plans, Specifications and Estimates=$450,OOO. Right-of-way=$O (improvement in existing row). Construction =$4,487,5000. Requested Amount: $5,000,000 City of Denton, Texas-www.cityofdenton.com Project Summary Page 8 Priority Project - FY 2006 IH 35E at Post Oak/Lakeview Blvd. Interstate 35E Bridge at Post Oak and Lakeveiw Blvd Project Scope: Widen existing two-lane bridge to four-lane bridge. Description: Both Post Oak to the south and Lakeview to the north have been constructed as four-lane divided urban arterials. These roadways connect US 380 to IH 35E and FM 2181. Additionally, to get an additional lane in each direction on IH 35E, it will be necessary to widen the bridge. Estimated Costs: Preliminary engineering=$45,OOO. Plans, Specifications and Estimates=$400,OOO. Right-of-way=$O (improvement in existing row). Construction =$3,55 5,000. Requested Amount: $4,000,000 Texas Department of Transportation, Denton County and the City of Denton are working to expand IH 35E to six lanes from the City's southern boundary to just north of Loop 288. Three bridges prohibit that widening. They are at Post OakjLakeview Blvd., Mayhill/State School Road and Loop 288. The City of Denton's request is for federal assistance for the replacement of these three bridges. City of Denton, Texas-www.cityofdenton.com Project Summary Page 9 Priority Project - FY 2006 FM 1830 - US 377 to FM 407 FM 1830 from US 377 to FM 407 Project Scope: Conduct preliminary engineering studies and advanced planning to widen the two-lane rural road to a four-lane divided urban cross- section. Description: 5.75 miles four-lane divided roadway Estimated Costs: Preliminary Engineering: $1,200,000 Estimate for entire project: $20,000,000 Requested Amount: $10,000,000 City of Denton, Texas-www.cityofdenton.com Project Summary Page 10 Priority Project - FY 2006 Pecan Creek Trail Loop City of Denton, Texas-www.cityofdenton.com Project Summary Page 11 Priority Project - FY 2006 Radio Communications Interoperability PROJECT SYNOPSIS: Major upgrade of 800Mhz Public Safety Radio System to include addition of a second antenna tower, simulcasting all transmissions and installation of ACU-1000 for AREA-WIDE Communications Interoperability to support the Homeland Security Service Delivery Response PROBLEM IDENTIFICATION: The current radio system utilized by Denton Public Safety is an eight-channel Motorola 800Mhz Trunking system that consists of major components that are some twelve to fifteen years old. Due to the recent rapid growth in Denton, demographic projections indicate calls for service will continue to rise. The primary issues, beyond that of aging equipment, are system coverage area "Dead Spots" and building penetration, both carrying equal weight relative to emergency communications and homeland security emergency service delivery. Additionally, the events of 9/11 have placed demands on the DPD and DFD that necessitate a system upgrade in support of the public safety mission. IDENTIFIED SOLUTION: Add a second radio tower site, install new repeaters at both sites and create a simulcasting repeater system thus eliminating almost all existing "Dead Spots" while providing comprehensive building penetrations for all emergency communications. Further enhancement of this system would include the addition of an ACU-1000 Interoperability System that will provide for all communication needs of the Denton Homeland Security Initiatives. PROJECT FUNDING REQUIREMENTS: Utilizing existing City of Denton property for the second antenna site, the projected costs for this project, $2,400,000. City of Denton, Texas-www.cityofdenton.com Project Summary Page 12 Priority Project - FY 2006 Police Technology PROJECT SYNOPSIS: The Denton Police Department has identified six initiatives contained within its Homeland Security Plan that are designed to increase public safety productivity and enhance service delivery through the addition of technology. Adding these tools will enable the City of Denton to be better prepared to respond in a proactive manner to address Homeland Security issues. Individual project descriptions are attached to this document. Project identification and cost projection for each component are: . Digital Video Closed-Circuit TV via Internet Protocol ($175,000) Utilize current digital CCTV technology and desktop software, which allows the placement of digital cameras in each workgroup area of each campus within the City. Monitoring of security will be provided at specific desktop monitoring points within each Department, and can be routed back to the Police Department via the wide area network, where instant notification and dispatch of public safety personnel will occur. This system will also act as an after-hours physical monitoring system of City facilities, managed by the Public Safety Dispatch Center. . Electronic Citation System ($72,000) Current technology available allows the capture of driver license information via a card swipe of the magnetic stripe on most licenses, or the barcode on all licenses. Placing handheld devices in patrol cars as well as motorcycles will enable officers to electronically read driver license information, rapidly input the violation code in the device and print the citation at the scene. All data is then securely transferred to the municipal court system, thus eliminating the manual data input while virtually eliminating errors. Productivity increases in both organizations exponentially. . Digital In-Car Video System ($195,000) Phase one employs Public-Private partnerships with local financial institutions, schools, government buildings and other security sensitive facilities, to provide short-range transmission of live video during a critical incident. As arriving officers come into transmission range, their Digital Video system automatically interacts with that of the chosen source and a complete threat assessment can be quickly made, which will facilitate the development of an appropriate tactical response. The second phase consist of upgrading current systems to the new digital video platform on patrol vehicles capable of interacting with these external sources. Leveraging the existing capabilities of the wireless mobile computers, patrol officers will be able to capture audio and video and store and/or relay this digital data. . Live Scan Digital Fingerprint System ($275,000) Installation of a digital fingerprint capture device permanently mounted in the Denton Jail. The conversion of existing local print records into digital information stored on a local server for comparison to local violators. Couple this with an interface to the Automated Fingerprint Identification System (AFIs) State of Texas identification system for automatic transmission and comparison of persons in custody. This will be complemented by the addition of a portable unit that will be deployed as part of a Child ID program locally. The final piece is to provide patrol officers with portable fingerprint capture devices that will wirelessly transmit print data to the Police Department for local comparison and identification. City of Denton, Texas-www.cityofdenton.com Project Summary Page 13 Priority Project - FY 2006 Police Technology (Continued) . Command/Mobile EOC Bus ($300,000) The City of Denton is currently converting a 40-foot bus into a mobile command center that will also be the mobile emergency operations center for the City. In addition, the mobile bus will respond with the Hazardous Material Team and/or Bomb/Explosive Devices Team regionally for communications and logistical support. The city will expend approximately $100,000 in 2004 for the initial conversion and equipping of this vehicle. The estimated additional cost is $300,000 to complete this command vehicle into a mobile EOC. . Upgrade and Relocation of the City EOC ($250,000) The City EOC is located at the Police Department in the room primarily used as that department's training center. The size of the EOC is not adequate for a City approaching 100,000 people and expected to double in population in the next ten to fifteen years. An interim relocation of the EOC to another city facility will provide a much more satisfactory EOC environment until the EOC is ultimately located in the Public Safety Training Facility in five years. The estimated relocation and upgrade costs are $250,000. TOTAL $1,367,000 City of Denton, Texas-www.cityofdenton.com Project Summary Page 14 Priority Project - FY 2006 Library - Community Outreach Program The proposed Community Outreach Project will have two major areas of focus. It will combine a bookmobile and a family literacy component that will enrich current Denton Public Library services. Bookmobile The proposed bookmobile will enable the Denton Public Library to provide library services to families and individuals who find it difficult or impossible to travel to one of the Denton Public Library locations Sites Sites will include: nursing centers, retirement facilities, mobile home parks, apartment complexes in high poverty areas, and rehabilitation centers Services Collections will include traditional library materials including books, videos and audio books Computer access will be available to search the library catalog and databases Family Literacy The Denton Public Library currently provides a variety of early literacy initiatives. The family literacy component will enhance and extend the capabilities of the library to make a significant impact on the lives of children and families. The proposed family literacy project will provide essential benefits to both children and adults, as follows: Children will: Acquire basic cognitive and linguistic skills Have greater parental involvement in literacy and school-related activities Have support for reading success Adults will: Gain increased literacy skills, life skills, job skills, parenting skills, and self-esteem Have an understanding of the roles of education and literacy Strengthen self-improvement and learning Partnerships The proposed Community Outreach Project will afford many partnerships with other community organizations. Possible collaborators will include publiC and private schools, agencies serving the elderly, juvenile detention and other correctional institutions, and agencies serving young children. Support from service organizations, the business community, and the university community will be sought. City of Denton, Texas-www.cityofdenton.com Project Summary Page 15 -t ... ... - CITY OF DENTON CONTACT INFORMATION Reaional & Local TransDortation Policies Euline Brock, Mayor 215 E. McKinney, Denton, TX 76201 940- 349-7717 eu line. brock@cityofdenton.com Pete Kamp, Council member 215 E. McKinney, Denton, TX 76201 940- 390-9485 pete. ka mp@cityofdenton.com Staff Leaislative Issues Betty Williams Director of Management & Public Information 215 E. McKinney, Denton, TX 76201 940- 349-8307 betty. wi II ia ms@cityofdenton.com AirDort Jon Fortune, Assistant City Manager 215 E. McKinney, Denton, TX 76201 940-349-8535 jon. fortu ne@cityofdenton.com Su rface Tra nSDortation I Roadwavs Jon Fortune, Assistant City Manager 215 E. McKinney, Denton, TX 76201 940-349-8535 jon. fortu ne@cityofdenton.com Community DeveloDment Barbara Ross Community Development Administrator 101 W. Locust st., ste 500 Denton, TX 76201 940- 349-7726 ba rba ra. ross@cityofdenton.com Parks & Recreation Janet Simpson Director of Parks & Recreation 321 E. McKinney Street Denton, TX 76201 940- 349-8274 janet.si mpson@cityofdenton.com Police Charles Wiley Police Chief 601 E. Hickory st. Denton, TX 76201 940- 349-7925 charles. wi les@cityofdenton.com Librarv Eva Poole Director of Library Services 3020 N. Locust st. Denton, TX 76209 940-349-8750 eva. poole@cityofdenton.com City of Denton, Texas-www.cityofdenton.com Project Summary Page 16 I DRAFT FY2007 I West Loop 288 Extension - IH-35 to IH-35W Requested Funds: $ 15,000,000 - )i!................ .....................~" West Loop 288 from IH-35 to IH-35W Project Scope: To establish corridor alignment - construct a 2-lane roadway. Description: 7.5 miles Ultimate 6-lane controlled- access facility. Estimated Costs: Preliminary design and environmental assessment is underway: $760,000 Estimate for entire project: $35,000,000 Partnerships: Denton County $2,500,000 Council of Government Request TXDOT Request For 2-lane roadway PS&E, ROW acquisition, and construction: $15,000,000 Requested Amount: Design $ 750,000 ROW Acquisition $ 4,250,000 Construction $10,000,000 Total Request $15,000,000 I Draft FY 2007 TRANSPORTATION APPROPRIATIONS REQUEST: Denton Municipal Airport (DTO) Denton Airport DTO plays an important role in the regional economy, serving as a general aviation hub for North Texas. The City of Denton and TxDOT, Aviation has made substantial capital investments in the Denton Airport in the past five years and as a result considerable private development is being realized on the field. This private development has increased the airfield employment base by more than 40 percent in the past three years. The Denton Airport is requesting $855,000 in discretionary funding for tower and security enhancements at the Denton Airport. These improvements include radar equipment to facilitate flight safety as well as security fencing and controlled access points to increase airport security. Both projects are major components to the Airport Master Plan, address key areas FAA personnel have identified as weaknesses, and will further facilitate the current growth trends at the facility. Implementation of radar services for the tower will also complete the final phase of the three-year Tower Project. I DRAFT FY 2007 TRANSPORTATION APPROPRIATIONS REQUEST Downtown Development Improvements I DRAFT FY2007 Denton Public Safety Training Facility (Technology) . $3 Million for fire simulation equipment and computerized firearms targeting systems . $1 Million for classroom virtual reality simulation . $500,000 for classroom and administrative technology AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: City Manager's Office CM/DCM/ACM: Howard Martin, Interim City Manager SUBJECT Consider an ordinance of the City of Denton Authorizing an agreement between the City of Denton, Texas and the Denton Historical Commission for entertainment for John B. Denton Day; providing for the expenditure of funds therefore; and providing an effective date. BACKGROUND Councilmember Jack Thomson has made a request for the expenditure of $250.00 to the Denton County Historical Commission for the John B. Denton 200th Birthday celebration. Per the contract, the funds are to be used for the public purpose of entertainment costs. Funds will be distributed with appropriate receipts upon the approval of the ordinance by the City Council. Respectfully submitted: Betty Williams Executive Administrator Prepared by: ~ ~-&shli Pamela Rambo-Estill Sr. Assistant to the City Manager S:\OUf Documents\Ordinances\06\Denton Historical Commission Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON. HISTORICAL COMMISSION FOR ENTERTAINMENT FOR JOHN B. DENTON DAY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and the Denton Historical Commiission. attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORPAINS: SECTION 1. The findings set forth in the preamble lof this ordinance are incorporated by reference into the body of this ordinance as iffully set forth he~ein. SECTION 2. The City Manager, or his designee, ds hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINEBROCK, MAYOR AITEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON HISTORICAL COMMISSION This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and The Denton Historical Commission, a Texas Non-Profit Corporation, hereinafter referred to as "Commission"; WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest as it will promote tourism and economic development within the City, among other things; NOW, TIIEREFORE, the parties hereto mutually agree as follows: 1 SCOPE OF SERVICES Commission shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by the Commission to provide entertainment for John B. Denton Day n. OBliGATIONS OF COMMISSION In consideration of the receipt of funds from City, Commission agrees to the following terms and conditions: A. Two Hundred Fifty Dollars ($250.00) shall be paid to Commission by City to be utilized for the purposes set forth in Article I. B. Commission will establish, operate, and maintain an account system fortbis program that will allow for a tracing of funds and a review of the financial status of the program. C. Commission will permit authorized officials of City to review its books at any time. D. Commission will reduce to writing all of its mles, regulations, and policies and tile a copy with the City along with any amendments, additions, or revisions whenever adopted. E. Commission will not enter into any contracts that would encwnber City funds for a period that would extend beyond the term of this Agreement. F. Commission will appoint a representative who will be available to meet with City officials when requested. G. Commission will submit to City copies of year -end audited financial statements. III. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: July 1, 2006 through September 30,2006, unless the contract is sooner terminRted under Section vn "Suspension or Tennination". N.PAYMENTS A. PAYMENTS TO COMMISSION. City shall pay to Commission the sum specified in Article n after the effective date of this Agreement. . B. EXCESS PAYMENT. Commission shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Commission; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. v. EVALUATION Commission agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Commission agrees to make available its financial records for review by City at City's discretion. In addition, Commission agrees to provide City the following data and reports, or copies thereof: A. All external or intem.a1 audits. Commission shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. c. An explanation of any major changes in program services. D. To comply with this section, Commission agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Commission's record system sbaJ.1 contain sufficient S:\Our~HiItorIcaICoaIdooioo~doc Page 2 of 7 documentation to provide in detail full support and justification for each expenditure. Commission agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the serVices provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve Commission of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Commission shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Commission understands and agrees that City's representatives shall be affordethccess to all meetings of its Board of Directors. Minutes of all meetings of Commission's governing body shall be available to City within ten (10) working days of approval. vn. TERMINATION The City may terminate this Agreement for cause if Commission violates any covenants, agreements, or guarantees of this Agreement, the Commission's insolvency or filing of bankruptcy, dissolution, or receivership, or the Commission's violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. vm. EOUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Commission shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Commission will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes ofi,nvestigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of Commission's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Commission may be barred from further contracts with City. . S:IOur~HiotoricoICoImioIioneo-.doc Page 3 of 7 IX. WARRANTIES Commission represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Commission on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Commission. C. No litigation or legal proceedings are presently pending or threatened against Commission. D. None of the provisions herein contravenes or is in conflict with the authority under which Commission is doing business or with the provisions of any existing indenture or agreement of Commission. E. Commission has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms .and conditions of this Agreement. F. None of the assets of Commission are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown.in the financial statements furnished by Commission to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is wderstood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amenc.bnent hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. S:\Ov~HiIlcr/coIConaiIIioa~doc Page 4 of 7 C. Commission shall notify City of any changes in personnel or governing board composition. XI. INDEMNIFICATION To the extent authorized by law, the Commission agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of orin connection with the performance by the Commission orthose services contemplated bytbis Agreement, including all such claims or causes of action based upon commo~ constitutional or statutory law, or based, in whole orin part, upon allegations of negligent or intentional acts ofCommissio~ its officers, employees, agents, subcontractors, licensees and invitees. xu. CONFLICT OF INTEREST A. Commission covenants that neither it nor any member of its governing bodypresent1y has any interest, direct or indirect, which would conflict in anymanner or degree with the performance of services required to be performed under this Agreement. Commission further covenants that in the performance of this Agreement, no person hav~g such interest shall be employed or appointed as a member of its governing body. B. Commission further covenants that no member of its governing body or its stafl: . subcontractors or employees shall possess any interest in or use hislherposition for a pwpose that is or gives the appearance of being motivated by desire for private gain for himself7herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects. his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. xm. NOTICE Any notice or other written instrument required. orpennitted to be delivered 1D1der the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsimile, addressed to Commission or City, as the case may be, at the following addresses: S:1Oar~Hlolorico1Caomriaio11~ Page 5 of 7 CITY COMMISSION City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 Tom Reedy Denton Historical Commission 101 West Hickory Denton, TX 76201 Fax No. 940.349.2851 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XN. MISCELLANEOUS A. Commission shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder;to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Commission hereunder, or any other act or failure of City to insist in anyone or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by City of any breach of covenant or default which may tb.enor subsequently be committed by Commission. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding. or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. S:1Our ~ HlotoricaI CoImliIoiml Coolnocl.cIoc Page 6 of 7 IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of . 2006. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: APPROVED AS TO LEGAL F EDWIN M. SNYD ITY ATTEST: BY: SECRETARY S:\Oar ~BiolorioolC<>mraio8ioa eo..ct.doc CITY OF DENTON, TEXAS BY: EULINE BROCK, MAYOR DENTON lDSTORICAL COMMISSION ~ To REEDY Page 7 of 7 AGENDA INFORMATION SHEET AGENDA DATE: February 7,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Scott Payne 349-7836 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of Emergency Medical Services Professional Liability Insurance coverage for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (Bid 3459-Annual Contract for Emergency Medical Services Professional Liability Insurance awarded to Higginbotham & Associates in the annual amount of $26,604.83). BID INFORMATION The City of Denton solicited bids to renew the Emergency Medical Services (EMS) Professional Liability Insurance Policy. The existing policy will expire on February 11, 2006. This insurance provides liability protection for the operation of the City's ambulance service and the activities of the City's Paramedics and Emergency Medical Technicians (EMT). The City's incumbent EMS Liability provider, Aspen Specialty, submitted a renewal quote. The renewal premium is $12.67 less than the expiring premium. The limits of coverage, as well as the terms and conditions of the renewal policy, are identical to the expiring coverage; $500,000 each occurrence and $500,000 aggregate with a $10,000 per occurrence self-insured retention. This type of insurance coverage is very specialized and is not a commonly offered product. Therefore, our Broker of Record, Don Aiken, with Higginbotham & Associates, searched the available insurance markets and approached eleven (11) standard insurance markets and four (4) insurance brokerage firms, (see Attachment 1 for a detailed list). Each represents approximately thirty (30) excess insurance companies. Aspen Specialty is the only company that submitted a bid. RECOMMENDA TION Award to Higginbotham & Associates in the annual amount of $26,604.83. PRINCIPAL PLACE OF BUSINESS Higginbotham & Associates has offices in Denton, Ft. Worth, Dallas and Weatherford. Don Aiken, the City's Agent of Record for this insurance product, works out of the office in Denton, Texas. Agenda Information Sheet February 7,2006 Page 2 ESTIMA TED SCHEDULE OF PROJECT This is a one-year insurance policy that provides coverage for the time period of February 11, 2006 through February 11, 2007. FISCAL INFORMATION Funding for this insurance coverage is provided for in the Risk Retention Fund budget for FY 05/06 and is paid for out of Account Number 860002.6709. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Insurance Company Contact List Attachment 2: Letter from Don Aiken Attachment 3: Renewal Proposal l-AIS-File 3459 Attachment 1 Insurance Company Contact List Standard Markets: . AIG . American First . CAN . Hartford . Mill ers . Old Republic . Programs Plus . Progressive . Safeco . Travelers . Zenith Brokerage Firms: . Bums & Wilcox . The Parks Group . Texas Specialty . US Risk Sample List ofInsurance Companies Represented bv Brokerage Firms: . AON Specialty . Aspen Specialty . Deep South . Evanston . Landmark . Old American County Mutual . Scottsdale . The Colony . Underwriters at Lloyds . US Specialty . Western Heritage Attachment 2 0.. ASS 0 C ATE 5 rp'l rn @ III n '\'/ ffJ rR1 !~< JLl .. '--;1;1 u'U. 'r~-w JAN 1 9 2006 .H IGGINBOTHAM YOUR SINGLE SOURCE FOR A SECURE FUTURE CITY Of DEr'r!'\Ji'~ RISK MANAGElviENT January 19,2006 City of Denton 601 E. Hickory, Suite A Denton, Texas 76205 Ref: City of Denton Ambulance Service Insurance Renewal Dear Mr. Payne, Please note that the following insurance companies were contacted to get an additional insurance quotation for the City of Denton Ambulance Service. The following Standard- Markets were contacted: AIG, America First; CAN~ Hartford, Millers, Old Republic, Programs Plus, Progressive, Safeco,. Travelers; and Zenith. All the Standard Markets declined to offer an insurance quotation for this type of risk. As a result of these declinations Higginbotham & Associates contacted the following brokerage houses for an Excess & Surplus insurance quotation: Burns & Wilcox, the Parks Group; Texas Specialty, and US Risk. Each of these brokerage houses represents approximately 30 different insurance companies. A partial list of insurance companies that were contacted by the brokerage houses, and are as follows; AON Specialty, Aspen Specialty, Deep South, Evanston, Landmark, Old American-County Mutual, Scottsdale, The Colony, Underwriters at Lloyds, US Specialty, and WestemHeritage. All the contacted Excess & Surplus Markets declined to quote, except Aspen Specialty. This company is the same company that carried the City of Denton Ambulance Service Insurance during the current policy period of February 11,2005 to February II, 2006. The renewal insurance coverage is the same as the expiring policy, and the policy premium is basically the same as last year. Jfyou have any questions regarding the insurance quotation, or the various markets that were contacted give me a call at your earliest convenience. Sincerely, ~&.4A J. Jtl..- Donald W. Aiken Account Executive 2921 Country Club Road, Suite 102 Denton,1X 76210 (BOO) 255-3875 500 West 13th Street 8115 Presion Road, Suite 575 fort Worth, TX 761 a2 DallllS, IX 75225 (800)728-2374 (800) 247.0712 wwww.higginbotham.nel 120 Polo Pinto Street Weatherlord, IX 76086 (800)721-7451 Attachment 3 . PROFESSIONAL LIABILITY Company: Aspen Specialty Insurance Company (Non-Admitted Carrier, Fees & Tax Apply) Rating: A-Vll Policy Period: 02/11/06 to 02111/07 Limits of Liabilitv: Self Insured Retention: $500,000 Each Occurrence/S500,OOO Aggregate $10,000 operation: Solely in the performance of Ambulance Services including EMT's and Paramedics Tenns & Notable Exclusions Include but are not Limited to Claims Made Form Retroactive date 2/11/03 Both Limit and Deductible include loss and expense combined Extended Discovery Period: 30 days if insured cancels or does not renew. Claims Extension Option: 12 Months for additional premium not to exceed 175% if exercised during 30 day Extended Period. Punitive Damage Exclusion (Included in Definitions of Damages) Physicians, Surgeons & Dentists Excluded Sexual Abuse Exclusion AIDS/HTL V Exclusion & Pollution Exclusion (Absolute) Included in form. Employment Practices Liability Exclusion Coverage Limitation Endorsement (Exclude all operations other than described above in The Insured's Operations) Absolute Pollution Exclusion Mold & Fungi Exclusion Terrorism Exclusion The insured has the option to buyback the Terrorism Exclusion for an Additional Premium of $1,862.00. ExpIOlllltiOIlS life in geoorol terms lII1ddc not change or re~ace the Ierms 1If conde at lIle palides. . . II . . II II III II II , II , Subiect to: . Original signed .and dated application Signed and dated Terrorism Disclosure Ponn Premium: $25,000.00 $ 350.00 $ 1.254.83 $26,604.83 Premium 25% minimum Earned Premium Policy Fee 100% Fully Earned State Tax/Stamping Fee Total Premium Explnnaliolls me in geneml terms nnd do nnt change or rep~ce the lerlllS Of cOIldifions of the policies. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF EMERGENCY MEDICAL SERVICES PROFESSIONAL LIABILITY INSURANCE COVERAGE FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3459-ANNUAL CONTRACT FOR EMERGENCY MEDICAL SERVICES PROFESSIONAL LIABILITY INSURANCE AWARDED TO HIGGINBOTHAM & ASSOCIATES IN THE ANNUAL AMOUNT OF $26,604.83). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3459 Higginbotham & Associates $26,604.83 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-BID 3459 '--1C~ AGENDA INFORMATION SHEET AGENDA DATE: February 7,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Janet Fitzgerald 349-8274 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding an annual contract for the purchase of a calcium hypochlorite feeder and tablets for the City of Denton Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3442-Annual Contract for Calcium Hypochlorite Feeder and Tablets for the City of Denton Aquatic Center awarded to Aqua-Rec, Inc. in the estimated annual amount of $29,300). BID INFORMATION This bid is for the installation of calcium hypochlorite feeders and tablets for the City of Denton Water Works Park and Natatorium. The calcium hypochlorite tablets are used to comply with Texas Department of Health Code requirements. RECOMMENDA TION Award to Aqua-Rec, Inc. in the estimated annual amount of $29,300. PRINCIPAL PLACE OF BUSINESS Aqua-Rec, Inc. Azle, TX ESTIMA TED SCHEDULE OF PROJECT This is an annual contract, which can be renewed for two additional one (1) year periods, contingent upon pricing, terms and conditions remaining the same. FISCAL INFORMATION This item will be funded from accounts 207001.6334 (Natatorium) and 207002.6334 (Water Works Park). Agenda Information Sheet February 7,2006 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation sheet l-AIS-3442 Bid: 3442 Date: 1/12/06 Attachment 1 Calcium Hypochlorite Feeder & Tablets for the City of Denton Aquatic Center Aqua-Rec., Leslie's Aquatic Pool Poolmart, Inc. Inc. Systems, Inc. Principle Place of Business: Azle, TX Phoenix, AZ Libuse, LA 100 # Calcium 1 180 Pail Hypoch lorite $160.00 NO BID $240.00 Tablets OR 50 # Calcium 1A 360 Pail Hypoch lorite $85.00 $87.50 $125.00 Tablets 2 1 Lot Annual Annual Rental of jYR $500.00 $6,074.40 $3,200.00 Feeder Systems The products and/or equipment bid meets or exceeds the bid specifications or complete description YES YES YES information has been enclosed and exceptions have been explained on an attached sheet. __YES NO Shipment 2 Days 3 Days 5 Days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF A CALCIUM HYPOCHLORITE FEEDER AND TABLETS FOR THE CITY OF DENTON PARKS DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3442-ANNUAL CONTRACT FOR CALCIUM HYPOCHLORITE FEEDER AND TABLETS FOR THE CITY OF DENTON AQUATIC CENTER AWARDED TO AQUA-REC, INC. IN THE ESTIMATED ANNUAL AMOUNT OF $29,300). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO VENDOR AMOUNT 3442 1,2 Aqua-Rec, Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY. ~ 3-0RD-BID 3442 Bid: 3442 Exhibit A Date: 1/12/06 Calcium Hypochlorite Feeder & Tablets for the City of Denton A uatic Center Principle Place of Business: 100 # Calcium 1 180 Pail Hypoch lorite Tablets OR 50 # Calcium 1A 360 Pail Hypoch lorite Tablets 2 1 Lot Annual Annual Rental of jYR Feeder Systems The products and/or equipment bid meets or exceeds the bid specifications or complete description information has been enclosed and exceptions have been explained on an attached sheet. __YES NO Shipment Aqua-Rec., Inc. Azle, TX $160.00 $85.00 $500.00 YES 2 Days AGENDA INFORMATION SHEET AGENDA DATE: February 7,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 ACM: Jon Fortune Ii SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a street sweeper for the City of Denton Drainage Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3453-Interlocal Agreement for Street Sweeper with H-GAC awarded to TYMCO International, LTD in the amount of$18l,640AO). (The Public Utilities Board recommends approval (6-0). FILE INFORMATION This item is for the purchase of a TYMCO model 500X Regenerative Air Street Sweeper for the City of Denton Drainage Division. The unit is a Motor Pool replacement and is powered with an EP A Tier II compliant 2006-diesel model engine. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its January 23,2006 meeting. RECOMMENDA TION Award to TYMCO International, LTD in the amount of$18l,640AO. PRINCIPAL PLACE OF BUSINESS TYMCO International, L TD Waco, TX ESTIMA TED SCHEDULE OF PROJECT Delivery can be made within 90-120 days of receipt of an order. FISCAL INFORMATION The acquisition of this unit will be funded from a combination of Motor Pool funds, Certificates of Obligation, and 2005-2006 departmental budget funds. Agenda Information Sheet February 7,2006 Page 2 Attachment 1: HGAC Contract Pricing Worksheet l-AIS-File 3453 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent ~ CONTRACT PRICING WORKSHEET Attachment 1 This Form must be prepared by Contractor, and provided to End User to attach to Purchase Order, with copy to H-GAG. The H-GAC fee shall be calculated and shown as a separate line item. Buying City of Denton, IX Contractor: TYMCO International, LTD. Agency: Contact Clark Rosendhal Kaye Morgan Person: Prepared By: Phone/Fax: Phone/Fax: 2540799-5546/254-799-2788 Location City, Denton, IX Contract No.: SW04-04 State: Date: 11-Jan-06 Product Code: Bill Product TYMCO ModelSOOX Regenerative Air Street Sweeper Description: A. Item Base Unit Price Per H-GAC Contract: A:I$ 111,985.00 B. Published Options (Itemize below and attach additional sheet(s) if necessary) Code Description Cost Code Description Cost 550005 Hi/Low Pressure Wash Down System $ 800.00 550823 Arrow Stick - LED $ 1,050.00 550045 High Output Water $ 825.00 550702 International 4200 Iruck-33,000 GVW $ 49,600.00 550024 Storage Box/Compartment (Additional) $ 525.00 w/Rear Axle Air Suspension w/Dual Steering 550082 Reverse Pick-Up Head Chains $ 400.00 Subtotal From Additional Sheet(s): Subtotal B: $ 53,200.00 C. Unpublished Options (Itemize below and attach additional sheet(s) if necessary) Code Description Cost Code Description Cost 550066 Air Purge $ 175.00 Subtotal From Additional Sheet(s): Subtotal C: $ 175.00 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total ofthe Base Unit Price plus Published Options (A+B). For this transaction, the percentage is: $ 0.00 D. Other Price Adjustments (E.G. Installation, Freight, Delivery, Etc.) Subtotal D: $ - E. Unit Cost ofItem Before Fee & Non-Equipment Charges (A+B+C+D) $ 165,360.00 Quantity Ordered X $ 1.00 Subtotal E: $ 165,360.00 F. H-GAC Fee Calculation (From Current Fee Tables) Subtotal F: $ 2,480.40 G. Non-Equipment Charges (Trade-In, Extended Warranty, etc.) Sweeper Extended Warranty - 60 month Major Component $ 10,500.00 Auxiliary Engine Extended Warranty - 60 month/SOOO hours $ 650.00 Truck Basic Vehicle, Drive Train, Engine, Transmission Extended Warranty - 60 month/lS0K Mile/S400 hours $ 2,650.00 Subtotal G: $ 13,800.00 H. Total Purchase Price (E+F+G): $ 181,640.40 (please Type, or Print Legibly) Estimated Delivery Date: 90-120 Days ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF A STREET SWEEPER FOR THE CITY OF DENTON DRAINAGE DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3453-INTERLOCAL AGREEMENT FOR STREET SWEEPER WITH H-GAC AWARDED TO TYMCO INTERNATIONAL, LTD IN THE AMOUNT OF $181,640.40). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3453 TYMCO International, L TD $181,640.40 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-ORD-File 3453 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 DRAFT MINUTES PUBLIC UTILITIES BOARD JANUARY 23,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, January 23,2006 at 9:10 a.m. in the Service Center Training Room, City of Denton Service Center, 90l-A Texas Street, Denton, Texas to consider the specific agenda items listed below under the Open Meeting section of this agenda. Present: Chair Newell, George Hopkins, John Baines, Phil Gallivan and Bob Bland EX OFFICIO MEMBER: Howard Martin, City Manager Absent: Bill Cheek Chair Newell called the meeting to order at 9:10 a.m. OPEN MEETING CONSENT AGENDA: The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item. 3) Consider recommending approval of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of a street sweeper for the City of Denton Drainage Department by way of an Interlocal Agreement with the City of Denton (File 3453-Interlocal Agreement for Street Sweeper with H-GAC; awarded to the TYMCO International, LTD in the amount of$18l,640AO). Board Member Phil Gallivan moved to approve Consent Agenda Item #3 with a second from Board Member John Baines. The motion was approved by a vote of 6-0. AGENDA INFORMATION SHEET AGENDA DATE: February 7,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance authorizing the financing of fleet vehicles and equipment for the various City utility departments through a lease purchase financing agreement; providing for the expenditure of funds therefore; and providing an effective date (File 3446- Third Party Lease Purchase of Utility Vehicles and Equipment, approximate finance charges of $204,184.70). (The Public Utilities Board recommends approval (6-0). LEASE/PURCHASE ORDER INFORMATION This third party lease purchase financing agreement is for the funding often refuse trucks, a self loading scraper, a service truck and five % ton 4 x 4 diesel pickup trucks for the City of Denton Solid Waste Department. A detailed list of the trucks and equipment and actual or estimated cost is attached as back up for your review. Several are listed on this agenda for individual consideration; others will be presented at a later date. The lease period will be for five years with 10 bi-annual payments of $256,918.47 including principal and interest. The trucks and other equipment will become the property of the City of Denton at the end of the lease period. Chapter 271 Subchapter A Section.005c of the Texas Local Government Code exempts the acquisition of third party lease purchase financing from the competitive bid process. However, staff did solicit competitive proposals with rates varying from 3.80%APR to the low of3.78% APR. Approval of this agreement is for funding only. Competitive bids or interlocal agreements for the purchase of the trucks will be presented to Council for final approval. This agreement is intended to make funds available for the future acquisitions. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its January 23,2006 meeting. RECOMMENDA TION Award to Chase Equipment Leasing Inc. (formerly Bank One) at an effective rate not to exceed 3.78% with an estimated cost of financing in the amount of $204,184.70. Agenda Information Sheet February 7,2006 Page 2 PRINCIPAL PLACE OF BUSINESS Chase Equipment Leasing Inc. Dallas, TX ESTIMATED SCHEDULING OF PROJECT Funds will be available upon Council approval and will be dispersed as equipment is received. The first payment is due February 2006 and every six months thereafter throughout the five-year agreement period. FISCAL INFORMATION The finance charges or interest in the approximate total amount of $204,184.70 will be paid as a portion of the semi-annual payments. The total amount of the lease is approximately $2,365,000 and will be paid from budgeted equipment acquisition funds from the Solid Waste department. Financed Amount Finance Charges Total Payback $2,365,000.00 Approx. $ 204,184.70 Approx. $2,569,184.70 Approx. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Equipment List Attachment 2: Proposal from Chase Equipment Leasing lAIS-File 3446 Attachment 1 Proposed EQuipment Listine Estimated Equipment Quant. Purchase Price Total % Ton 4 x 4 Diesel Pickup 5 each $ 25,000 $125,000 Automated Side Load Refuse 6 each $160,000 $960,000 Trucks Front Load Refuse Trucks 3 each $150,000 $450,000 Roll Off Container Truck 1 each $120,000 $120,000 Service Truck 1 each $140,000 $140,000 Caterpillar 623G Scraper 1 each $570,000 $570,000 Total Approximate Cost $2,365,000 Attachment 2 8111 Preston Road Dallas, Texas 75225 o CHASE January 11, 2006 Mr. Tom D. Shaw, C.P.M. Purchasing Agent City of Denton 901 B Texas Street Denton, TX 76201 RE: Tax-exempt Lease-Purchase Proposal Dear Mr. Shaw: Chase Equipment Leasing Inc. ("CEll"), and Bank One, collectively JP Morgan Chase & Co., for itself, its successors, and assigns, is pleased to submit this financing proposal to the City of Denton (the "Lessee"). This letter is a proposal only and is contingent upon the Lessee's compliance with the requirements of the Internal Revenue Code of 1986, as amended, and all applicable state laws related to Lessee's ability to enter into a tax-exempt lease-purchase financing for the intended purposes. The terms and provisions of this financing are subject to credit and business approval in accordance with JP Morgan Chase & Co's internal procedures, as well as certain conditions set forth below: TRANSACTION: Fixed-rate, fully amortizing, privately placed tax- exempt lease-purchase agreement ("Agreement") with $1.00 buyout at end of term. LESSEE: City of Denton, TX LESSOR: Chase Equipment Leasing Inc. ESTIMATED FINANCING AMOUNT: $2,365,000.00 BANK QUALIFIED: This proposal assumes that Lessee will not issue less than $10 million in tax-exempt obligations this calendar year and that the Lessee will designate this lease as a "non-qualified" tax-exempt obligation. USE OF PROCEEDS/TITLE: To finance the acquisition of trash haulers, front-end loaders, street maintenance equipment, the legal titles of which, if applicable, shall vest in the Lessee during the term of the Agreement. SECURITY: CEll shall obtain a lien on the financed equipment. The Agreement shall be subject to annual appropriation. City of Denton January 11, 2006 Page 2 EXPECTED FINANCING TERM: Five (5) Years PAYMENT MODE/FREQUENCY: Payments shall be made semiannually beginning February 2006. PROPOSED INTEREST RATE: 3.78% PROPOSED LEASE PAYMENTS: Ten (10) payments of $256,918.47 INTEREST RATE LOCK: The above proposed Interest Rate and Financing Payments are valid through and including February 5, 2006. If bid acceptance not occur on or before such date, the proposed interest rate and financing payments are subject to adjustment to reflect changes in market conditions. DOCUMENTATION: CEll or its counsel shall prepare Documentation. PROPOSAL EXPIRATION: This proposal will expire if bid acceptance does not occur by February 5, 2006. If acceptance has not occurred by this date, the Financing Rate and Payment Amounts will be adjusted according to market conditions. We appreciate your interest in Chase Equipment Leasing Inc. and look forward to your favorable response. Should you have any questions regarding this proposal or need additional information, please contact me at 614/213-9561 or via email atjohn_pelzer@bankone.com. Sincerely, Chase Equipment Leasing Inc. John Pelzer Leasing Inside Sales ORDINANCE NO. AN ORDINANCE AUTHORIZING THE FINANCING OF FLEET VEHICLES AND EQUIPMENT FOR THE VARIOUS CITY UTILITY DEPARTMENTS THROUGH A LEASE PURCHASE FINANCING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3446-THIRD PARTY LEASE PURCHASE OF UTILITY FLEET AND EQUIPMENT, APPROXIMATE FINANCE CHARGES OF $204,184.70). WHEREAS, In the 2005-2006 budget process the City Council authorized the purchase of ten refuse trucks, one service truck, five % ton 4 x 4 diesel pickup trucks and a scraper from the to be determined lowest responsible bidders pursuant to Chapter 252 of the Texas Local Government Code in the estimated principal sum of $2,365,000; and WHEREAS, Section 271.005 of the Local Government Code authorizes the City council, in its discretion, to contract for the financing of personal property; and WHEREAS, the City Council finds that the herein authorized financing of the budgeted equipment through a lease purchase agreement with Chase Equipment Leasing Inc. is appropriate and in the public interest; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be expended for the herein authorized lease purchase agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby authorizes a lease purchase agreement to finance the acquisition of ten refuse trucks, one service truck, five % ton 4 x 4 diesel pickup trucks and a scraper with Chase Equipment Leasing Inc., said agreement providing for a financed amount of $2,365,000 having ten bi-annual payments of approximately $256,918.47 with an effective rate of not to exceed 3.78% over 5 years. SECTION 2. The City Manager, or the Purchasing Agent as his designee, is authorized to enter into a lease purchase agreement on behalf of the City in accordance with the terms set forth in Section 1 and to expend the funds provided for in Section 1. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY ~~ 4-0RD-File 3446 Page 2 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT MINUTES PUBLIC UTILITIES BOARD JANUARY 23,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, January 23,2006 at 9:10 a.m. in the Service Center Training Room, City of Denton Service Center, 90l-A Texas Street, Denton, Texas to consider the specific agenda items listed below under the Open Meeting section of this agenda. Present: Chair Newell, George Hopkins, John Baines, Phil Gallivan and Bob Bland EX OFFICIO MEMBER: Howard Martin, City Manager Absent: Bill Cheek Chair Newell called the meeting to order at 9:10 a.m. OPEN MEETING CONSENT AGENDA: The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item. Items 1 and 2 were pulled from the Consent Agenda for individual considerations. Item 3 was considered as part of the Consent Agenda: 1) Consider recommending adoption of an Ordinance authorizing the financing of fleet vehicles and equipment for the various city utility departments through a lease purchase financing agreement (File 3446-Third Party Lease Purchase of Utility Vehicles and Equipment; approximate finance charges of $204,184.70). Board Member Dick Smith stated that 9 of the vehicles on Item #2 were replacements and asked if any of the vehicles on Item # 1 were replacements and, if so, how was the decision for replacement determined? Mike Ellis, Fleet Superintendent, stated that Item #1 was the actual financing of the vehicles, and that the replacements on Item #2 are part of an actual point system within the city's fleet management software that uses the mileage, age of the vehicle, and the maintenance cost to determine when the vehicle's useful life is up and, that replacement of vehicles is not based on the time the vehicle has been in service. Board Member Bland asked if Item #1 was bid? Ellis responded that it was. 1 2) Consider recommending approval of an Ordinance of the City of Denton authorizing the City 2 Manager or his designee to execute a purchase order with the Houston-Galveston Area 3 Council of Governments (H-GAC) for the acquisition of twelve (12) vehicles for various 4 utility departments by way of an Interlocal Agreement with the City of Denton (File 3454- 5 Interlocal Agreement for Fleet Utility Vehicles with H-GAC; awarded to Philpott Ford in the 6 amount of $273,300). 7 8 Smith moved to approve Items #1 & #2 with a second from Board Member Hopkins. The 9 motion was approved by a vote of 6-0. AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order with the Houston-Galveston Area Council of Governments (H-GAC) for the acquisition of twelve vehicles for various Utility departments and one vehicle for General Government by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 3454-Interlocal Agreement for Fleet Vehicles with H-GAC awarded to Philpott Ford in the amount of $293,969). (The Public Utilities Board recommends approval (6-0) for the 12 Utility vehicles). FILE INFORMATION This contract is for the acquisition of twelve Motor Pool vehicles approved for the Utility Divisions in the 2005-06 budget process. Nine of the vehicles are Motor Pool replacements and the other three vehicles are Fleet additions. The midsize SUV for the Fire Department is to partially fill the need of two new Fire Department Positions. A list and description of the vehicles is shown below. Cat# Description Quant. Price (Ea) Total Department 1 % Ton Ext. Cab 1 $26,077 $26,077 Water Eng Diesel, 4X4, LWB 2 % Ton Ext Cab, Diesel 1 $22,112 $22,112 Electric Sub 3 % Ton Crew Cab, Diesel 1 $29,570 $29,570 Solid Waste 4X4, SWB, (FA) 4 % Ton, Crew Cab, Diesel, 3 $26,575 $79,725 Solid Waste 5 % Ton Crew Cab, Diesel 1 $24,772 $24,772 Water Shed 6 ~ Ton Reg Cab, 4X4, (FA) 1 $17,893 $17,893 Waste Water 7 ~ Ton Ext Cab 3 $16,708 $50,124 (l)Elec. Eng (2)Eng 8 4 Door Small Sedan 1 $18,227 $18,227 Ben. Reuse V6, (FA) 9 Midsize SUV (FA) 1 $20,069 $20,069 Fire Recruit. Total 13 $288,569 Total H-GAC Fee $5,400 Total Expenditure $293,969 Agenda Information Sheet February 7, 2006 Page 2 FILE INFORMATION (CONTINUED) (F A) stands for fleet addition. All units are powered by gasoline or diesel engines with LEV ratings that meet or exceed EP A standards. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved the twelve Utility vehicles at its January 23,2006 meeting. RECOMMENDA TION Award to Philpott Ford in the amount of $293,969 as shown on the individual HGAC contract pricing sheets included as Attachment 1. PRINCIPAL PLACE OF BUSINESS Phil pott Ford Nederland, TX ESTIMA TED SCHEDULE OF PROJECT Delivery can be made within 60-90 days of receipt of an order. FISCAL INFORMATION The acquisition of these units will be funded from a combination of Motor Pool funds, Third Party Lease, and 2005-2006 departmental budget funds. Respectfully submitted: ~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachments 1-9: H-GAC Pricing Sheets l-AIS-File 3454 Attachment 1 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VEIO-03 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 27-Dec-05 Product Description: FORD F-250 EXTENDED-CAB PICKUP Item. 1 A. Bid Series: GBO A. Base Price: I $ 15,215.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price 44B 5-SPEED AUTOMATIC 05 MODEL $ 1,214.00 5AL V8 GAS INCL 572 AlC $ 697.00 VINYL SEAT INCL 99P DIESEL UPGRADE $ 4,170.00 RUBBER FLOOR INCL SLD 4X4 UPGRADE $ 4,891.00 AM.FM RADIO INCL FRONT TOW HOOKS INCL POWER STEERING INCL LIMITED SLIP AXLE-3.?3 ONLY [NCL ABSBRAKES INCL RH RECEIVER HITCH $ 175.00 SPARE TIRE AND WHEEL INCL EBC ELECTRIC BRAKE CONTROLLER $ 195.00 TRAILER TOW PACKAGE INCL TEKONSHA XP9030 OR FORD NOTE HD ELECTRIC & COOLING INCL FACTORY INTEGRATED NOTE YOU CHOOSE NOTE P2B PINTLE COMBO WITH 25/16" $ 195.00 BALL Total ofB. Published Options:1 $ 11,537.00 I c. Unpublished Options [Itemize each below, not to exceed 25%] $= -3.6 % Options Bid Price Options Bid Price X21G6D 4X4 LONG BED DISCOUNT $ (1,563.00) 63H 140 AMP ALTERNATOR $ 70.00 63B STABILIZER PACKAGE $ 110.00 I EXTRA KEY $ 5.00 SET OF SERVICE MANUALS $ 300.00 UNDER HOOD LIGHT $ 65.00 6- WAY LIGHT PLUG BUMPER MOUNTED $ 59.00 ESTIMATED DELIVERY IN 75-100 DAYS Total ofe. Unpublished Options. $ (954.00) D. Contract Price Adjustment: E. Delivery Charges: 300 miles @ $.93/mile $ 279.00 F. Total of A+B+C+D+E=F $ 26,077.00 G. Quantity Ordered xF= $ 26,077.00 H. H-GAC Administrative Fee [from Fee Schedule, Table AI $600.00 PER PURCHASE ORDER $ 600.00 I. Non-Equip Cbarges & Credits J. TOTAL PURCHASE PRICE INCLUDING H-GAC FEE $ 26,677.00 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H~GAC BID VElO-03 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 27-Dec-05 Product Description: 2006 FORD F250 REGULAR CAB Item 2 A. Bid Series: GBM A. Base Price: I $ 13,202.00 [ B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price 44B 5-SPEED AUTOMATIC $ 1,214.00 5.4L V8 GAS LEV INCL 572 AIC $ 697.00 VINYL SEATS INCL XCI LIMITED SLIP AXLE $ 289.00 RUBBER FLOOR INCL 99P DIESEL UPGRADE $ 4,170.00 AM-FM RADIO INCL 6.0L POWERSTROKE POWER STEERING INCL RH RECEIVER HITCH $ 175.00 ABS BRAKES INCL LTO SPECIAL TRANS GROUP $ 429.00 TRAILER TOW PACKAGE INCL REQUIRED WITH AUTOMATIC P2B PINTLE COMBO WIlli 2 5/16" BALL $ 195.00 EBC ELECTRIC BRAKE CONTROLLER $ 195.00 TEKONSHA XP9030 OR FORD FACTORY INTEGRATED YOU CHOOSE 903 POWER WINDOWS-LOCKS $ 660.00 Total of B. Published Options:1 $ 8,024.00 I c. Unpublished Options [Itemize each below, not to exceed 25%J $= 2.9 % Options Bid Price Options Bid Price 63H 140 AMP ALTERNATOR $ 68.00 COMPLETE SET OF MANUALS $ 300.00 63B STABILlZERPACKAGE $ 110.00 I EXTRA KEY $ 5.00 UNDERHOOD LIGHT $ 65.00 6-PIN TRAILER PLUG BUMPER MOUNTED $ 59.00 ESTIMATED DELIVERY IN 75-100 DAYS Total of C. Unpublished options:1 $ 607.00 I D. Contract Price Adjustment: H. H-GAC Administrative Fee [from Fee Schedule, Table A] $600.00 PER PURCHASE ORDER $ 279.00 I $ 22,112.00 [ $ 22,112.00 I $ 600.00 I $ 22,712.00 I E. Delivery Charges: 300 miles @ $.93/miIe F. Total of A + B + C + D + E = F G. Quantity Ordered xF= l. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING H-GAC FEE CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VEto-03 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 13-Jan-06 Product Description: A. Bid Series: 2006 FORD F250 CREWCAB- - Item 3 GBP A. Base Priced $ 16,396.00 I B. Published Options [Itemize each below) Code Options Bid Price Code Options Bid Price LTO SPECIAL TRANS GROUP $ 429.00 XCI X3L LIMITED SLIP AXLE $ 289.00 REQUIRED W/AUTOMATIC 101 4X4UPGRADE $ 2,995.00 572 NCANDHEAT $ 697.00 TCE ATTIRES INCL 44B AUTOMATIC $ 1,214.00 213 ELEClRlC SHIFT ON THE FLY INCL TRAILER TOW PACKAGE INCL 413 SKID PLATES INCL AM-FM RADIO INCL 52N TILT/CRUISE $ 316.00 FULL SPARE TIRE INCL 903 POWER GROUP $ 660.00 5.4L V8 GAS INCL WINDOWS-LOCKS-MIRRORS INCL RUBBER FLOOR INCL RH RECEIVER HITCH $ 175.00 99P DIESEL UPGRADE $ 4,170.00 P2B PINTLE COMBO WITH 2 511 6" $ 195.00 BALL Total of B. Published Options: I $ 11,140.00 I c. Unpublished Options [Itemize each below, not to exceed 25%) $"" 6.4 % Options Bid Price Options Bid Price 44TI56W21 HD MODEL $ (235.00) SET OF SERVICE MANUALS $ 300.00 FRONT TOW HOOKS INCL FOG LAMPS $ 140.00 CLOTH 40-20-40 SEATS $ 365.00 18L MOLDED BLACK STEPS $ 296.00 76R REVERSE SENSOR AID $ 196.00 63H 140 AMP ALTERNATOR $ 70.00 91 T TOW COMMAND SYSTEM $ 355.00 63B STABILIZER PACKAGE $ ] 10.00 ELECTRIC BRAKE CONTROLLER INCL 41H ENGINE BLOCK REA TER $ 29.00 FACTORY INTEGRATED INCL ] EXTRA KEY $ 5.00 POWER TRAILER TOW MIRRORS INCL UNDERHOOD LIGHT $ 65.00 6-PIN TRAlLER PLUG BUMPER MOUNTED $ 59.00 Total of C. Unpublished Options: I $ 1,755.00 I H. H-GAC Administrative Fee [from Fee Schedule, Table A) $600.00 PER PURCHASE ORDER 1 1$ 1$ 1$ 1$ I I $ 279.00 I 29,570.00 I 29,570.00 I 600.00 I D. Contract Price Adjustment: ESTIMATED DELIVERY IN 60-90 DAYS E. Delivery Charges: 300 miles @ $.93/mile F. Total of A + B + C + D + E "" F G. Quantity Ordered xF"" I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING H-GAC FEE 30,170.00 I CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VElO-03 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 13-Jan-06 Product Description: A. Bid Series: 2006 FORD F250 CREWCAB I~em 4 GBP A. Base Price: I $ 16,396.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price LTO SPECIAL TRANS GROUP $ 429.00 XCI X3L LIMITED SLIP AXLE $ 289.00 REQUIRED W/AUTOMATIC 101 572 AlC AND HEAT $ 697.00 TCE ATTIRES INCL 44B AUTOMATIC $ 1,214.00 213 ELECTRIC SHIFT ON THE FLY INCL TRAILER TOW PACKAGE INCL AM-FM RADIO INCL 52N TIL T/CRUlSE $ 316.00 FULL SPARE TIRE INCL 903 POWER GROUP $ 660.00 5.4L V8 GAS INCL WINDOWS-LOCKS-MIRRORS INCL RUBBER FLOOR INCL RH RECEIVER HITCH $ 175.00 99P DIESEL UPGRADE $ 4,170.00 P2B PINTLE COMBO WITH 2 5/16" $ 195.00 BALL Total of B. Published Options: I $ 8,145.00 I c. Unpublished Options [Itemize each below, not to exceed 25%,] $= 7.2 % Options Bid Price Options Bid Price 44Tl56W21 HD MODEL $ (235.00) SET OF SERVICE MANUALS $ 300.00 FRONT TOW HOOKS INCL FOG LAMPS $ 140.00 CLOTH 40-20-40 SEATS $ 365.00 18L MOLDED BLACK STEPS $ 296.00 76R REVERSE SENSOR AID $ 196.00 63H ]40 AMP ALTERNATOR $ 70.00 91 T TOW COMMAND SYSTEM $ 355.00 63B STABILIZER PACKAGE $ 110.00 ELECTRIC BRAKE CONTROLLER INCL 41H ENGINE BLOCK HEATER $ 29.00 FACTORY INTEGRATED INCL 1 EXTRA KEY $ 5.00 POWER TRAILER TOW MIRRORS INCL UNDERHOOD LIGHT $ 65.00 6-PIN TRAILER PLUG BUMPER MOUNTED $ 59.00 D. Total of C. Unpublished Options: I $ Contract Price Adjustment: ESTIMATED DELIVERY IN 60-90 DAYS I Delivery Charges: 300 miles @ $.93/mile I $ Total of A + B + C + D + E = F I $ Quantity Ordered 3 x F =1 $ H-GAC Administrative Fee ffrom Fee Schedule, Table A] $600.00 PER PURCHASE ORDER I $ Non-Equip Charges & Credits I TOTAL PURCHASE PRICE INCLUDING H-GAC FEE l $ 1,755.00 I 279.00 I 26,575.00 I 79,725.00 I 600.00 I E. F. G. H. I. J. 80,325.00 r CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VEtO-03 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 29-Nov-05 Product Description: 2006 FORD F250 CREWCAB Item 5 GBP A. Base Price: I $ A. Bid Series: B. Published Options [Itemize each below] 16,396.00 I Code Options Bid Price Code Options Bid Price LTO SPECIAL TRANS GROUP $ 429.00 ESC ELECTRIC BRAKE CONTROLLER $ 195.00 REQUIRED W/AUTOMATIC TEKONSHA XP9030 OR FORD NOTE 572 A/C AND HEAT $ 697.00 FACTORY INTEGRA TED NOTE 44B AUTOMATIC $ 1,214.00 YOU CHOOSE NOTE TRAILER TOW PACKAGE INCL AM-FM RADIO INCL FULL SPARE TIRE INCL 5.4L V8 GAS INCL RUBBER FLOOR INCL RH RECEIVER HITCH $ 175.00 99P DIESEL UPGRADE $ 4,170.00 P2B PINTLE COMBO WITH 2 sir 6" $ 195.00 BALL Options Bid Price Options Bid Price 44TI 56W20 2006 XL 4X2 HD MODEL $ 93.00 SET OF SERVICE MANUALS $ 300.00 LlMITED SLIP AXLE INCL SHORT BED WITH FRONT TOW HOOKS INCL CLOTH- VINYL KNIT BENCH SEAT INCL 63H 140 AMP AL TERNA TOR $ 70.00 63B STABILIZER PACKAGE $ 110.00 VINYL SPLIT BENCH SEAT $ 320.00 1 EXTRA KEY $ 5.00 UNDERHOOD LIGHT $ 65.00 6-PIN TRAILER PLUG BUMPER MOUNTED $ 59.00 Total of B. Published Options:1 $ C. Unpublished Options [Itemize each below, not to exceed 25%] $= 4.4 % Total ofC. Unpublished OPtions:1 $ D. Contract Price Adjustment: ESTIMATED DELIVERY IN 60-90 DAYS E. Delivery Charges: 300 miles @ $.93/mile F. Total of A + B + C + D + E = F G. Quantity Ordered xF= I-I. H-GAC Administrative Fee [from Fee Schedule, Table A] $600.00 PER PURCHASE ORDER l. Non-Equip Charges & Credits J. TOT AL PURCHASE PRICE INCLUDING H-GAC FEE 7,075.00 I 1,022.00 I I 1$ 1$ 1$ 1$ I 1$ 279.00 I 24,772.00 I 24,772.00 I 600.00 I 25,372.00 l CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VElO-03 End User: CITY OF DENTON Contact: MIKE ELLIS Product Description: Philpott Rep: ALAN WILEY Date: 27-Dec-05 2006 FORD FI50 R-CAB V8 LWB Item 6 A. Bid Series: GBG A. Base Price: I $ 12,244.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price 572 AIC INCL 4.6L V8 GAS INCL LTO SPECIAL TRANS GROUP $ 410.00 VINYL SEAT INCL REQUIRED WITH AUTOMATIC INCL RUBBER FLOOR INCL 44U 4-SPEED AUTOMATIC INCL AM-FM RADIO INCL 535 TRAILER TOW PACKAGE $ 287.00 ABS BRAKES INCL HD ELECTRIC-COOLING INCL FULL SPARE TIRE INCL TRANSMISSION COOLER INCL REAR BUMPER INCL RECEIVER HITCH INCL LONG BED INCL LEDH HOUR METER $ 97.00 52N TJLTICRUISE $ 287.00 FIS 4X4 UPGRADE $ 4,218.00 Total ofB. Published Options:1 $ 5,299.00 I c. Unpublished Options [Itemize each below, not to exceed 25%] $= 0.4 % Options Bid Price Options Bid Price 1 EXTRA. KEY $ 20.00 SET OF SERVICE MANUALS $ 300.00 UNDER HOOD LIGHT $ 65.00 CLOTH SPLIT BENCH SEAT INCL 85A PWR WINDOWS-LOCKS-MIRRORS $ 636.00 F14 4X4 DISCOUNT $ (950.00) Total of C. Unpublished Options:1 $ 71.00 I o. Contract Price Adjustment: DELIVERY IN 60-90 DAYS H. H-GAC Administrative Fee [from Fee Schedule, Table AI $600.00 PER PURCHASE ORDER I 1$ 1$ 1$ 1$ I t $ 279.00 I 17,893.00 I 17,893.00 I 600.00 I E. Delivery Charges: 300 miles @ $.93/mile F. Total of A+B+C+D+E=F G. Quantity Ordered xF= I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING H-GAC FEE 18,493.00 I CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VEI0-03 End User: CITY OF DENTON Contact: MIKE ELLIS Philpott Rep: ALAN WILEY Date: 27-Dec-05 A. Bid Series: 2006 FORD F150 EXT-CAB VB SWB c:lt~j7 GBJ Product Description: A. Base Price: I $ 14,178.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price 572 AIC INCL 4.6L V8 GAS INCL LTO SPECIAL TRANS GROUP $ 410.00 VINYL SEAT INCL REQUIRED WITH AUTOMATIC INCL RUBBER FLOOR INCL 44U 4-SPEED AUTOMATIC INCL AM-FM RADIO INCL 535 TRAILER TOW PACKAGE $ 287.00 ABS BRAKES INCL HD ELECTRIC-COOLING INCL FULL SPARE TIRE INCL TRANSMISSION COOLER INCL REAR BUMPER INCL RECEIVER HITCH INCL LONG BED INCL LEDH HOUR METER $ 97.00 52N TIL TICRUISE $ 287.00 Total of B. Published OPtions:1 $ 1,081.00 I c. Unpublished Options [Itemize each below, not to exceed 25%] $... 7.7 % Options Bid Price Options Bid Price I EXTRA KEY $ 20.00 SET OF SERVICE MANUALS BY 3 $ 100.00 UNDER HOOD LIGHT $ 65.00 CLOTH SPLIT BENCH SEAT INCL 85A PWR WINDOWS-LOCKS-MIRRORS $ 985.00 Total of C. Unpublished Options:1 $ 1,170.00 D. Contract Price Adjustment: DELIVERY IN 60-90 DAYS H. H-GAC Administrative Fee (from Fee Schedule, Table A] $600.00 PER PURCHASE ORDER I 1$ 1$ 1$ 1$ I I $ 279.00 300 E. Delivery Charges: miles @ $.93/mile F. Total of A + B + C + D + E ... F 16,708.00 G. Quantity Ordered 3 xF= 50,124.00 600.00 I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING H-GAC FEE 50,724.00 CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks H-GAC BID VEl 0-03 End User: CITY OF DENTON Contact: MIKE ELLIS ALAN WILEY Date: 27-Dec-05 Product Description: A. Bid Series: 2006 FORD ESCAPE 4-DOOR Item 8 FBA A. Base Price: I $ 16,913.00 I B. Published Options [Itemize each below] Code Options Bid Price Code Options Bid Price 2.3L IH4 STD 4- WHEEL ABS STD AIR CONDITIONING STD ROOF SIDE RAILS STD AUTOMATIC STD AM-FM CD STD Total of B. Published Options:] $ e. Unpublished Options [Itemize each below, not to exceed 25%] $'= 6.1 % Options Bid Price Options Bid Price 05 U02/66B XLS MODEL INCL FLOOR MATS INCL SPEED CONTROL INCL PERIMETER ALARM INCL 05 U03 31 OA XL T UPGRADE $ 715.00 V6 ENGINE REQUIRES XL T UPGRADE 3.0L V6 INCL POWER DRIVERS SEAT INCL PRIV ACY GLASS INCL I EXTRA KEY $ 20.00 COMPLETE SERVICE MANUALS $ 300.00 Total ofe. Unpublished Options $ 1,035.00 D. Contract Price Adjustment: ESTIMATED DELIVERY IN 60-90 DAYS E. Delivery Charges: 300 miles @ $.93/mile $ 279.00 F. Total of A + B + C + D + E = F $ 18,227.00 G. Quantity Ordered xF= $ 18,227.00 H. A-GAC Administrative Fee Ifrom Fee Schedule, Table A] $600.00 PER PURCHASE ORDER $ 600.00 I. Non-Equip Charges & Credits J. TOTAL PURCHASE PRICE INCLUDING H-GAC FEE $ ] 8,827.00 CUSTOMIZED PRODUCT PRICING S~Y BASED ON CONTRACT Cars and Light Trucks H-GAC BID VEI0~03 End User. CITY OF DENTON Contact: MlKE ElliS Product Description: Phllpott Rep: ALAN WILEY Date: 1O~Nov-05 2006 FORD EXPLORER 4-DOOR Item 9 ( A. Bid Series: BBB A. Base Price:! $ 18,981.00 I B. Published Options IItemize each below) Code Options Bid Price Code Options Bid Price 4.0L V5 GAS, AUTOMATIC lNCL POWER STEERING INCL ABSBRAKES lNCL CARPET lNCL CL01H BUCKETS FRONT lNCL FRONT AlC.AND HEAT INCL POWER WINDOWS.LOCKS INCL AM.FM CD INet Total of B. Published Options: I $ C. Unuubllshed Options [Itemize each below, Dot to exceed 25%] $= 4.3 % Ootions Bid Price Ootions Bid Price U625 XLS PACKAGE $ 489.00 NO 3RD ROW SEAT INCL CLOTH MIDDLE SEAT INCL POWER MIRRORS INCL TIL TfCRUISE rnCL TRACTION ASSIST INCL PRIVACY GLASS INCL . ' 1 EXTRA KEY $ 20.00 3 WIllTE IN" STOCK COMPLE1E SERVICE MANUALS $ 300.00 NEW ORDERrn 50-90 DAYS Total of C. Unpublished Options: I $ 809.00 I D. Contract Price Adjustment: I I E. Delivery Charges: 300 miles @ $.93fmile Is 279.00 I F. Total of A + :B + C + D + E = F 1$ 20,069,00 I G. Quantity Ordered xF= Is 20,069.00 I B. H-GAC Administrative Fee [from Fee Schedule, Table A] $600.00 PER PURCHASE ORDER I I. NOD.Equip Charges & Credits I J. TOTAL PURCHASE PRICE mCLUDING H~GAC FEE I $ 20,069.00 ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON- GAL VESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF TWELVE VEHICLES FOR VARIOUS UTILITY DEPARTMENTS AND ONE VEHICLE FOR GENERAL GOVERNMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 3454- INTERLOCAL AGREEMENT FOR FLEET VEHICLES WITH H-GAC AWARDED TO PHILPOTT FORD IN THE AMOUNT OF $293,969). (THE PUBLIC UTILITIES BOARD RECOMMENDS APPROVAL (6-0) FOR THE 12 UTILITY VEHICLES). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 3454 Phil pott Ford $293,969 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3454 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DRAFT MINUTES PUBLIC UTILITIES BOARD JANUARY 23,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, January 23,2006 at 9:10 a.m. in the Service Center Training Room, City of Denton Service Center, 90l-A Texas Street, Denton, Texas to consider the specific agenda items listed below under the Open Meeting section of this agenda. Present: Chair Newell, George Hopkins, John Baines, Phil Gallivan and Bob Bland EX OFFICIO MEMBER: Howard Martin, City Manager Absent: Bill Cheek Chair Newell called the meeting to order at 9:10 a.m. OPEN MEETING CONSENT AGENDA: The Public Utilities Board has received background information, staff s recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. Detailed information is attached to each Consent Agenda item. Items 1 and 2 were pulled from the Consent Agenda for individual considerations. Item 3 was considered as part of the Consent Agenda: 1) Consider recommending adoption of an Ordinance authorizing the financing of fleet vehicles and equipment for the various city utility departments through a lease purchase financing agreement (File 3446-Third Party Lease Purchase of Utility Vehicles and Equipment; approximate finance charges of $204,184.70). Board Member Dick Smith stated that 9 of the vehicles on Item #2 were replacements and asked if any of the vehicles on Item # 1 were replacements and, if so, how was the decision for replacement determined? Mike Ellis, Fleet Superintendent, stated that Item #1 was the actual financing of the vehicles, and that the replacements on Item #2 are part of an actual point system within the city's fleet management software that uses the mileage, age of the vehicle, and the maintenance cost to determine when the vehicle's useful life is up and, that replacement of vehicles is not based on the time the vehicle has been in service. Board Member Bland asked if Item #1 was bid? Ellis responded that it was. 1 2) Consider recommending approval of an Ordinance of the City of Denton authorizing the City 2 Manager or his designee to execute a purchase order with the Houston-Galveston Area 3 Council of Governments (H-GAC) for the acquisition of twelve (12) vehicles for various 4 utility departments by way of an Interlocal Agreement with the City of Denton (File 3454- 5 Interlocal Agreement for Fleet Utility Vehicles with H-GAC; awarded to Philpott Ford in the 6 amount of $273,300). 7 8 Smith moved to approve Items #1 & #2 with a second from Board Member Hopkins. The 9 motion was approved by a vote of 6-0. AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Charles Wiley 349-7925 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance accepting competItIve bids by way of an Interlocal Agreement with the City of Carrollton and awarding a contract for the purchase of police motorcycles; providing for the expenditure of funds therefor; and providing an effective date (File 3456-Interlocal Agreement for Police Motorcycles with the City of Carrollton, contract awarded to American Eagle Harley Davidson in the amount of $32,000. FILE INFORMATION This ordinance is for the acquisition of two police motorcycles via Interlocal Agreement with the City of Carrollton. The City of Carrollton received competitive bids and awarded a contract to American Eagle Harley Davidson for the purchase of police motorcycles on December 7, 2005. The two units for the City of Denton are motor pool replacements approved during the 2005-06 budget process. PRIOR ACTIONNIEW (COUNCIL, BOARDS, COMMISIONS) An Interlocal Agreement for Cooperative Purchasing was approved on October 3, 2000 (Ord. 2000-366) with the City of Carrollton allowing the City of Denton to participate in the City of Carrollton contracts for the supply of goods and services. RECOMMENDA TION Award to American Eagle Harley Davidson, in the amount of $16,000 each, for a total award of $32,000. The lower price offered by Renegade Harley Davidson did not include free towing or 24-hour repair service as specified in the bid. PRINCIPAL PLACE OF BUSINESS American Eagle Harley Davidson. Carrollton, TX Agenda Information Sheet February 7,2006 Page 2 ESTIMA TED SCHEDULE OF PROJECT Delivery is quoted to be six weeks after receipt of an order or approximately the second week of March 2006. FISCAL INFORMATION These units will be funded from Certificate of Obligation funds intended for Motor Pool acquisitions account 810004707.1355.30100. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet City of Carroll ton l-AIS-File 3456 Attachment 1 Harley Motorcycles Bid #05-072 2 POLICE MOTORCYCLE November 18, 2005 ITEM # QTY DESCRIPTION $15,550.00 $ 31,100.00 $16,000.00 $32,000.00 Place of Business: Renegade Harley Davidson, Alexandria, VA American Eagle Harley Davidson, Carrollton, TX ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF CARROLL TON AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE MOTORCYCLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3456-INTERLOCAL AGREEMENT FOR POLICE MOTORCYCLES WITH THE CITY OF CARROLL TON, CONTRACT AWARDED TO AMERICAN EAGLE HARLEY DAVIDSON IN THE AMOUNT OF $32,000). WHEREAS, pursuant to Ordinance 2000-366, the City of Carrollton, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedure of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the City of Carrollton Cooperative Purchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "File Numbers" listed hereon, and on file in the office of the Purchasing Agent are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 3456 American Eagle Harley Davidson $32,000 SECTION 2. By the acceptance and approval of the above numbered items set forth in File 3456, the City accepts the offer of the persons submitting the bids to the City of Carrollton for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with City of Carrollton (Bid 05-072), and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the City of Carrollton, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the City of Carrollton, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above numbered items set forth in the file numbers shown, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M SNYDER, CITY ATTORNEY BY --:e: &- 3-0RD- FILE 3456 AGENDA INFORMATION SHEET AGENDA DATE: February 7,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Ross Chadwick 349-8830 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas accepting competitive sealed proposals and awarding a best value four year contract for patient care reporting and emergency medical services (EMS) billing for the City of Denton Fire Department; authorizing the expenditure of funds therefor; and providing an effective date (RFP 3403-Emergency Medical Services (EMS) Billing awarded to Intermedix, Inc.). RFP INFORMATION The City received eight proposals for RFP #3403 outlining requirements for two components of Emergency Medical Services: Patient Care Reporting (PCR) field data entry, and EMS accounts receivable billing. Each component is extremely diverse in application but essential in integration of information to obtain quality control, demographic, and state required statistics and to assess billing for cost recovery of services provided. The proposals were reviewed by Laura Behrens, Management Assistant and Chief Randy Nickerson, Battalion Chief of Information Systems with input from DFD paramedics and Finance representatives. Each company was rated using the five criteria identified in the Request for Proposal as "Criteria for Proposal Acceptance": 1. Compliance with RFP request terms and conditions. (30 points) 2. Have the necessary experience, organization, and technical skill in the field of the ambulance billing services. (20 points) 3. Have a satisfactory record of performance in developing and implementing similar services. (20 points) 4. Provide a sample copy of the proposer's Patient Care Report. (10 points) 5. Rate Schedule (20 points) All submitted proposals were reviewed and scored based on the information provided. The top two scoring companies, Intermedix and Southwest General Services, were the only vendors that provided a web-based PCR system, which was a criteria listed in the RFP. Interviews were requested and scheduled with both vendors. Agenda Information Sheet February 7,2006 Page 2 RFP INFORMATION (CONTINUED) The companies were scored as follows: Company Score Intermedix 86 Southwest General Services 81 ARS 79 National Reimbursement 77 Ambulance Billing Services 74 Advanced Data Processing 72 EMS Billing Services 69 Accordis 64 Fire Department representatives along with Finance representatives interviewed both companies to obtain further information on issues and questions that had arisen from the proposals. Both companies provided requested information and were give the opportunity to demonstrate the proposed system of operation. A final review of all submitted proposals was conducted. New information obtained from interviewing Intermedix and Southwest General Services was considered in the review. All submittals were ranked based on the ability to provide the requested specifications of services. Fire Department and Finance personnel unanimously approved the final ranking of proposals. The final ranking is shown below: Company Rank Intermedix 1 Southwest General Services 2 ARS 3 National Reimbursement 4 Ambulance Billing Services 5 Advanced Data Processing 6 EMS Billing Services 7 Accordis 8 Agenda Information Sheet February 7,2006 Page 3 RECOMMENDA TION Award a professional service agreement to Intermedix, Inc. for the provision of a patient care reporting system and emergency medical service billing at a rate of 11 % of collections. PRINCIPAL PLACE OF BUSINESS Intermedix, Inc. Houston, TX ESTIMA TED SCHEDULE OF PROJECT This is a four-year agreement that automatically renews for additional one-year periods unless notice is given before the end of the initial term by either party that it does not wish to extend the relationship. FISCAL INFORMATION This is basically a self-funding agreement. The service provider is only paid based upon the success of their collection. The agreement has no budget expenditure impact. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: RFP Selection Process l-AIS-RFP 3403 Attachment 1 Exhibit 1 : RFP SELECTION PROCESS 1. Review each firm's submitted proposal. Rate each proposal according to criteria listed in RFP. Interview the top 2 or 3 companies based on scoring. 2. Invite the selected finalists to an interview to address issues and questions by the Denton Fire Department and Finance based on information provided in submitted proposals. Ask any questions that may be generated by a company's response to the questions/issues. 3. Re-evaluate ratings of interviewed companies based on information obtained in the interview. 4. Rank all submittals (with #1 being the most highly qualified) on ability to perform patient care reporting and emergency medical service billing. The final ranking will be approved by the Denton Fire Department and Finance. 6. Submit the proposed contract to the City Council for final approval. ORDINANCE. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A BEST VALUE FOUR YEAR CONTRACT FOR PATIENT CARE REPORTING AND EMERGENCY MEDICAL SERVICES (EMS) BILLING FOR THE CITY OF DENTON FIRE DEPARTMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 3403-EMERGENCY MEDICAL SERVICES (EMS) BILLING AWARDED TO INTERMEDIX, INC.). WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances based on the best value as determined by using the selection criteria set forth in the request for bids; and WHEREAS, the City's selection committee has reviewed and recommended that the herein described bids are the best value based on the selection criteria for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted; and WHEREAS, the City's Purchasing Agent has determined that the best value bid process provides the best value to the City for this procurement; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. The options in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the best value based on the selection criteria contained in the request for bids for such items: RFP NUMBER DESCRIPTION VENDOR AMOUNT 3403 EMS Billing Services Intermedix, Inc. Exhibit A SECTION 3. By the acceptance and approval of the above items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. The City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 1, which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. approval. This ordinance shall become effective immediately upon its passage and PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-RFP 3403 ~t% AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Fire/Building Inspections ACM: Jon Fortune II SUBJECT 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, 2003 Edition; providing for amendments thereto; reestablishing permit fees; providing for a penalty in the amount of $2,000 for violations thereof; providing for a severability clause repealing all ordinances in conflict therewith; and providing for an effective date. BACKGROUND The "International Codes" were introduced to provide a model code with national consistency. The International model codes consist of: International Residential Code; International Building Code; International Mechanical Code; International Fuel Gas Code; International Plumbing Code; International Fire Code. The International Codes are intended to provide regulations that safeguard public health and safety in all communities. Because the codes are designed to be national, local amendments are required to meet the needs of local jurisdictions. The North Texas Regional Council of Governments has participated in the development of local regional amendments. Several of these amendments are found in each of the codes that are proposed for adoption. In an effort to provide consistency, the 2000 International Codes were first adopted by the City of Denton in February of 2002. Prior to the adoption of the 2000 International Codes, the City of Denton, like most other cities in the Metroplex, had adopted the Uniform Codes. The "2003 International Codes" have since been introduced after a lengthy review process through the International Code Council, (ICC). Changes to the International Codes are brought about by new technology and events that have occurred throughout the nation. The majority of the changes are related to health and safety. Staffs from Building Inspections and the Fire Department have performed a comprehensive local review of these changes. City staff met with members of the building community in January and November of 2005. These meetings provided information to the building community about the proposed changes to International Codes and especially the proposed local amendments. These meetings also allowed the building community to provide input regarding the changes. In cooperation between the building community and the City of Denton, staff proposed to increase amendments to the energy efficiency of new residential and commercial buildings. Following these meetings the building community communicated support for the proposed adoption. Page 1 of2 The purpose of the International Codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. PRIOR ACTION/REVIEW The City Council received a report and discussed the International Fire Code on January 17, 2006 and gave Staff direction to bring back an ordinance for their consideration. The Construction Advisory and Appeals Board recommended approval of the proposals in July of 2005. The building community reviewed proposals and voiced their support. FISCAL INFORMATION There is no fiscal impact with the adoption of the proposed codes. Prepared by: A . I .:;'\ . . ~...._.- ~ :to ~ . -<-~-~~ ' Ross Chadwick Fire Department Attachment: Ordinance Page 2 of2 S:\Our Documents\Ordinances\06\International Fire Code 2003 Edition.doc 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, 2003 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE REPEALING ALL ORDINANCES IN CONFLICT lHEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That Article I of Chapter 29 of the Code of Ordinances is amended to read as follows: ARTICLE L GENERAL PROVISIONS Section 29-1. International Fire Code - Adopted. There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain Codes and Standards known as the International Fire Code, including Appendices A-G, published by the International Fire Code Institute and International Conference of Code Council, being particularly the 2003 editions thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 29-2 of this ordinance. A copy of said Fire Code is now filed in the office of the City Secretary, and is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Denton and within 5,000 feet thereof, where specified therein. Section 29-2. Amendments. The International Fire Code, as adopted in Section 29-1, is hereby amended as follows: A. By the amendment of the International Fire Code as follows: **Section 101.1 changes to read as follows: Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Denton, herein after referred to as "this code". **Section 101.2 add second paragraph to read as follows: The provisions of this code shall supplement any and all laws relating to fire safety and shall apply to all persons without restriction, unless specifically exempted. **Section 102.4; change to read as follows: S:\Our Documents\Ordinances\06\International Fire Code 2003 Edition.doc Section 102.4 Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable; and any alterations, additions, changes in use or changes in structures required by this code which are within the scope of this and other codes shall be made in accordance therewith. **Section 102.6; change to read as follows: Section 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions 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 Electrical Code shall mean the Electrical Code as adopted. **Section 103.1; add second paragraph to read as follows: Section 103.1. Under the chiePs direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires, 2. The suppression or extinguishments of dangerous or hazardous fires, 3. The storage, use and handling of hazardous materials, 4. The installation and maintenance of automatic, manual and other private fire alann systems and [lTe-extinguishing equipment, 5. The maintenance and regulation of fire escapes, 6. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, 7. The maintenance of means of egress, 8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, and 9. The investigation of the cause, origin and circumstances of explosions. For authority related to control and investigation of emergency scenes, see Section 104. **Section 103.1.2; add section to read as follows: Section 103.1.2 Department of Fire Prevention personnel and Police. The chief and members of the Department of Fire 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 is amended by adding a third paragraph to read as follows: All regulations provided in this Code are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, any city official or employee, or any member of the Building Code Advisory Board charged with the enforcement if this code, acting for the City in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any action required or permitted in the discharge of his duties. Any Page 2 S :\Our Documents\Ordinances\06\International Fire Code 2003 Edition.doc lawsuit brought against such official or employee because of such act performed by him in the enforcement of any provisions of this Code shall be represented by the City of Denton through its designated attorney until the final adjudication of the proceedings. **Section 104.10.2 add section to read as follows: Section 104.10.2 Hazardous Materials. The fire code official is authorized to investigate the cause, origin, and circumstances of any unauthorized releases of hazardous materials. **Section 104.10.3 add section to read as follows: Section 104.10.3 Explosives. The fire code official is authorized to investigate the cause, origin, and circumstances of explosions, explosives handling, manufacturing, and usage of explosive materials. **Section 105.6.48 add section to read as follows: Section 105.6.48 Gu and Oil WeDs. To operate gas and oil wells in the incorporated city limits of Denton, Texas. See Ordinance 2001-465 and 2001-466 **Section 109.3; change section to read as foRows: Section 109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor offense punishable by a fine of not more than $2000.00. Each day that a violation continues after due notice 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: Any person operating or maintaining 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 fail to take immediate action to abate a fire hazard when ordered or notified to do so by the code official or his duly authorized representative shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this Code is committed or continued. **Section 111.4; change section to read as follows: Section 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than two hundred ($200) dollars or more than two thousand ($2000) dollars. **Sections 202; change to read as follows: DEPARTMENT OF FIRE PREVENTION is the Office of the City Fire Marshal. FIRE CODE OFFICIAL is the Fire Chief, Fire Marshal or other designated authority charged by the applicable governing body with the duties of administration and enforcement of the code, or a duly authorized representative. Page 3 S:\Our Documents\Ordinances\06\Intemational Fire Code 2003 Edition.doc FIRE DEPARTMENT is the City of Denton Fire Department. mGH-RISE BUILDING is a building 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 leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. STANDBY PERSONNEL. Is qualified fire service persormel. approved by the Fire Chief. When utilized. the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. **Section 307.2; change to read as follows: Section 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices. prevention or control of disease or pests. or open burning a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law. or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Envirorunental Quality (TCEQ) guidelines and/or restrictions. 2. State. County or Local temporary or permanent bans on open burning. 3. Local written policies as established by the Code Official. *.Section 307.3; change to read as follows: Section 307.3 Location. The location for open burning shall not be less than 300 feet from any structure. and provisions shall be made to prevent the fire from spreading to within 300 feet of any structure. Exceptions: 1. Fires in approved containers that are not less than 15 feet from a structure. 2. The minimum required distance from a structure shall be 25 feet where the pile size is 3 feet or less in diameter and 2 feet or less in height. ..Section 307.3.1; change to read as follows: Section 307.3.1. Bonfires. A bonfire shall not be conducted within 300 feet of a structure or combustible material unless the bonfire is contained in a barbecue pit. Conditions which could cause a fire to spread within 300 feet of a structure shall be eliminated prior to ignition. .*Secti.on 307.3.2; change to read as follows: Section 307.3.2. Recreational Fires. Recreational fires shall be prohibited within the incorporated city limits of Denton. Texas. Page 4 S:\Our Documents\Ordinances\06IJntemational Fire Code 2003 Edition.doc ** Add Semon 307.3.3 to read as follows: Section 307.3.3 Trench Bums. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. **Section 307.4; change to read as follows: Section 307.4 Attendance. Open burning, trench burns, or bonfires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum of 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. **Section 308.3.1; change to read as follows: Section 308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3,048 nun) of combustible construction. Exceptions: 1. One- and two-family dwellings. **Semon 503.1.1; add the following sentence to the f'D'St paragraph: Except for single- or two-family residences, the path of measurement shall be along a minimum 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 Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. The fire marshal is 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 Fire 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. Existing Fire Lanes. Any fire lane that has been established prior to passage of the ordinance from which this article is derived and designated by the fire marshal or that has been established by a separate ordinance shall be a fire lane for all intents and purposes and shall be maintained as required by this code. **Section 503.1.5; add the following to read as follows: Section 503.1.5. Maintenance Generally. (a) The fire code official shall report any negligent surface conditions, markings, or signs to the owner or person in control of property upon which a fire lane exists and shall issue instructions for repair. (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 fail to maintain the surface of the fire lane in good condition, free of potholes and other non-approved obstructions. Page 5 S:\Our Documents\Ordinances\06\International Fire Code 2003 Edition.doc (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 fail to maintain any marking of the fire lane as required by this Code in a condition which 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 inner radius and 55 feet exterior radius or shall be approved 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 with the provisions of this article, the owner, builder, or developer shall submit a fire lane site plan measuring eight and one half (8-'li) inches by eleven (11) inches to the fire code official prior to issuance of a building permit. A copy of each approved fire lane site plan shall be kept on file with the fire department. (b) Construction of the building shall not begin until the fire lane site plan has been submitted and approved, and the fire lane has been completed and approved by the fire code official. ..Section 503.3; change to read as follows: Section 503.3 Marking. Where required by the fire code official, approved striping or, when allowed by fire code official, signs, or both, or other approved notices shall be provided for fITe apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping - Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or t1FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 20 feet intervals on the red border markings along both sides of the fire lanes. (2) Signs - shall read ''NO P ARKlNG FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") (1.98 m) above finished grade. Signs shall be spaced not more than fifty feet (50 feet) (l5.2m) apart. Signs may be installed on permanent buildings 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 in any manner, including parking, stopping, or standing any non- emergency vehicle, whether attended or unattended, in a fire lane. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. The operator of a premise shall maintain, free of obstruction, all fire lanes on his premises. No person may mark, post or otherwise identify a Page 6 S:\Our Docurnents\Ordinances\06\Intemational Fire Code 2003 Edition.doc non-fire lane private vehicular passageway as a fire lane or in such a manner as tends to create confusion as to whether the passageway is a fire lane. Any unauthorized vehicle on a fire lane is: (1) Subject to removal by the operator of the premises, with the expense of removal and storage to be borne by the register ofthe owner of the vehicle, (2) Subject to citation, as well as removal, by the fire marshal or a police officer, and (3) Prima facie evidence that the person in whose name the vehicle is registered is guilty of a violation of the parking provisions of this section. **Section 508.5.1; Delete exceptions 1 and 2: **Section 605.4.1; amend to read as follows: Section 605.4.1 Power Tap Design. Relocatable power taps shall be of the polarized or grounded type, equipped with overcurrent protection and shall be listed and not exceed 6 feet in length. **Section 605.4.3; amend to read as follows: Section 605.4.3 Installation. Relocatable power tap cords shall not extend through walls, ceilings, floors, under doors or floor coverings, or be subject to environmental or physical damage. The cord shall not exceed 6 feet (1.82 m) in 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 multi plug extension cords, shall serve only one appliance. **Section 605.5.4; amend to read as foHows: 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: Corridors protected by an approved automatic sprinkler 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 docrunented and certified by the manufacturer in an approved manner. **Section 903.1.2; change to read as follows: Section 903.1.2. Residential systems. Unless specifically allowed by this code or the International Building Code, residential sprinkler 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 of this code. In addition, residential sprinkler systems installed in accordance with NFP A 13R must include attic sprinkler protection to be recognized for the purposes of such trade-offs permitted by other requirements of this code. Sprinkler piping for multifamily developments shall separate from the domestic service and be dedicated for fire sprinkler service only. Page 7 S:\Our Documents\Ordinances\06\Intemational Fire Code 2003 Edition.doc **Section 903.2; ~hange to read as follows: Section 903.2. Required Installations of Automati~ Fire Extinguishing Systems. An automatic fire extinguishing system shall be installed and maintained in each occupancy as required by the provisions of Section 903. **Sections 903.2.1.1, 903.2.1.2, 903.2.1.3 and 903.2.1.4; ~hange to read as follows: Section 903.2.1.1 Group A-I. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-I occupancy Occupancies where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 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 sprinkler system shall be provided throughout a fue area containing a Group A-2 occupancy Occupancies where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 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 sprinkler 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. 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 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-4 occupancy Occupancies where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 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 903.2.7; ~hange to read as follows: Section 903.2.7 Group R-l. An automatic sprinkler system shall be provided throughout buildings with a Group R-I fire area. Sprinkler protection shall be provided throughout all combustible concealed and attic spaces. Page 8 S:\OUf Docwnents\Ordinances\06\International Fire Code 2003 Edition.doc **Section 903.2.8; change to read as follows: Section 903.2.8 Group R-2. An automatic sprinkler 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 stories in height, including basements; or 2. The building contains having more than 16 dwelling units; or 3. The building contains fraternities and sororities. Exception: A residential sprinkler system installed in accordance with Section 903.3.1.2 shall be permitted in buildings, or portions thereof, of Group R-2. ** Add Sections 903.2.8.2 and 903.2.8.3 to read as follows: 903.2.8.2 Bulk. storage of tires. Buildings and structures where the area for the storage of tires exceeds 10,000 cubic feet shall be equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. 903.2.8.3. Self-senice storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities greater than 7,500 square feet. **Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4 and 903.2.10.5 as follows: 903.2.10.3 BuDdings over 55 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, having an occupant load of30 or more that is located 55 feet or more above the lowest level of fIre department vehicle access. Section 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet, see Chapter 23 to determine if those provisions apply. Section 903.2.10.5 Spray Booths and Rooms. New spray booths and spraying rooms shall be protected by an approved automatic rue-extinguishing system. **Section 903.2.10.6; Add section to read as follows: Section 903.2.10.6; General. 1. An automatic sprinkler system shall be installed in all new buildings of noncombustible construction, (Type I & II) including Group R-3, which exceed three stories in height or which have more than ten thousand (10,000) square feet of floor area regardless of fIre area, area separation walls, or rue walls. 2. An automatic sprinkler system shall be installed in all new buildings of combustible construction, (type III, IV & V) including Group R-3, which exceed two stories in height or which have more than seven thousand fIve hundred (7,500) square feet of floor area regardless of fIre area, area separation walls, or fIre walls. 3. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the building, exceeds ten thousand (10,000) square feet of noncombustible construction (Type I & II) total floor area, and when the total square footage Page 9 S;\Our Documents\Ordinances\06\International Fire Code 2003 Edition.doc of all such additions exceeds by more than twenty-five (25) percent of the original floor area regardless of fire area, area separation walls, or fire walls. 4. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the building, exceeds seven thousand five hundred (7,500) square feet of combustible construction (Type III, IV & V) 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, area separation walls, or fire walls. 5. Automatic fire extinguishing systems shall be installed in Group U, Aircraft 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. NFP A 13 Sprinkler Systems. Where the provisions of this code require that a building or portion there of be equipped throughout with an automatic sprinkler system, sprinklers shall be installed throughout in accordance with N.F.P.A. 13, latest edition, except as provided in 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: Section 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such rooms are protected with an approved fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire resistance rating of not less than 2 hours. 4. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alann system and are separated from the remainder of the building by a wall with a fire resistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. "Section 903.3.1.2; change to read as follows: Section 903.3.1.2 NFP A 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R, latest edition. However, for the purposes of exceptions or reductions permitted by other requirements oftms code, see Section 903.1.2. "Section 903.3.5; change to read as follows: Page 10 S:\Our Documents\Ordinances\06\International fire Code 2003 Edition.doc Section 903.3.5 Water Supplies. Water supplies for automatic sprinkler 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 International 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 10 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 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 fonows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Section 904.11.5 amend to read as fonows: Section 904.11.5. Commercial Cooking Equipment. Portable fire extinguishers shall be provided within a 30 feet travel distance of commercial- type cooking equipment. Cooking equipment 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 NFP A 14, latest edition. "Section 905.3.1.1; add section to read as follows; Section 905.3.1.1 Building area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any portion of the building's interior area is more than 200 feet of travel, vertically or horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semiautomatic dry standpipes are allowed as provided for in NFPA 14. **Section 905.3.2; amend Exceptions 1 and 2 to read as fonows: 1. Open-air seating spaces with enclosed spaces. Page 11 S:\Our Documents\Ordinances\06\International Fire Code 2003 Edition.doc 2. Class I automatic dry and semiautomatic dry standpipes or manual wet standpipes are allowed in buildings where the highest floor surface used for human occupancy is 55 feet or less above the lowest level of fIre department vehicle access. .*Section 905.4, item #5; change to read as fonows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the highest landing of stairways with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. "Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alann upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fIre department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. .*Section 906.1; amend #1 to read as follows: Section 906.1 1. In Groups A,B,E,F,H,I,M,R-l,R-2,R-4,S, and U occupancies. ** Add Section 907.1.3 to read as follows: Section 907.1.3 Design Standards. All alann systems new or replacement serving 50 or more alann actuating devices shall be addressable fIre detection systems. Alann systems serving more than 75 smoke detectors or more than 200 total alann activating devices shall be analog intelligent or addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 25% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. **Section 907.2.1.1; amend section to read as follows: ..Section 907.2.1.1. System Initiation. In Group A Occupancies with an occupant load of one thousand or more, is amended to read as follows: Section 907.2.1.1. System initiation in Group A Occupancies with an occupancy load of three hundred (300) or more. Activation of the fire alann in Group A Occupancies with an occupancy load of three hundred (300) or more shall immediately initiate an approved prerecorded message announcement using an approved voice communication system in accordance with N.F.P.A. 72 that is audible above the ambient noise level of the occupancy. Page 12 s:\Our Documents\Ordinances\06\Intemational Fire Code 2003 Edition.doc Exception: When approved, the prerecorded announcement is allowed to be manually deactivated for a period oftime, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly approved station. **Section 907.2.3; change to read as fonows: Section 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100 feet (30.5 m) open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. "*Section 907.2.3; change exception #1 and add exception #2 to read as fonows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler 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. Buildings 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 with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with 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, sprinkler water-flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving 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 building's fire safety and evacuation plans required by Section 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 in existing Group R-2 apartment buildings with more than three stories. Exceptions: Page 13 S:\Our Documents\Ordinances\06\International Fire Code 2003 Edition.doc I. Where each living unit is separated from other contiguous living units by fire barriers have a fire resistance rating of not less than % hour, and where each living unit 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 sprinkler 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 actuating 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 utilizing Class "A" wiring for all initiating and indicating (NAC) circuits. Class "A" wiring shall be designed to comply with NFP A 72. ""Section 907.9.2; change to read as follows: Section 907.9.2 High-rise buildings. In buildings 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: I. Smoke detectors 2, Sprinkler water-flow devices 3. Manual fire alarm boxes 4. Other approved types of automatic fire detection devices or suppression systems. **Seetion 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 signal on distinct circuits. ""Section 1019.1.8; change to read as follows: Section 1019.1.8 Smokeproof enclosures. Each of the exits of a building that serves stories where the floor surface is located more than 55 feet above the lowest level of fire department vehicle access or more than 30 feet below the level of exit discharge serving such floor levels shall be a smoke proof enclosure or pressurized stairway in accordance with Section 909.20 of the International Building Code.. ""Section 1108.1; add section to read as follows: Section 1108.1. GeneraL Aircraft hangers and Airports, Heliports, and Helistops shall be in 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 is fully extended, will not reach within 10 feet (3,048 mm) of building openings. Page 14 S:\Our Documents\Ordinances\06\International Fire Code 2003 Edition.doc .*Section 3301.1.3; change to read as follows: Section 3301.1.3 Fireworks. Except as provided otherwise herein, no person shall posses, store, offer for sale, expose for sale, sale at retail manufacturer or use or explode any fireworks within the city limits or within five thousand (5,000 ft) (1,524 m) thereof Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as provided permitted in Section 3304 and 3308. 2. The use of fireworks for approved display as permitted in Section 3308. .*Section 3308.5.3; amend by the addition of the fonowing section: Marking of Shell. Each aerial shell shall have printed directly on its outer casing the following minimum warning lI8-inch high letters, which contrast to the background WARNING EXPLOSIVES CLASS "lAG or 1.3G" FIREWORK DO NOT HANDLE- CALL "911' **Section 3308.12; add new section as follows: Section 3308.12 Ignition. Aerial shells shall be ignited by lighting the tips of fuses by an electrical ignition source except when manual ignition is approved by. the Fire Marshal. Operators shall not place any part of their bodies over the throat of the mortar. "Section 3403.6; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. ..Section 3404.2.11.5; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. **Section 3406.3.9; add new section as follows: Section 3406.3.9 Permit required. An operational permit will be required prior to drilling and operating a gas well. Section 3803.2.1.5 add sentence to read as follows: Standby personnel shall be present during demonstrations. "Section 3804.2; add an exception #2 to read as follows: Exceptions: 1. In particular installations, this capacity limit shall be determined by the code official, after consideration of special features such as topographical conditions, nature of Page 15 S:\Our Documents\Ordinances\06IJntemational Fire Code 2003 Edition.doc occupancy, and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided, and capabilities 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. "Addition to Chapter 45 Referenced Standards Chapter 45, Referenced Standards. All reference standards from the National Fire Protection Association, Batterymarch Park, Quincy, 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- Fire Inspection and Permit Fees 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 Building Code are required to have such buildings, premises or portions thereof inspected annually by the Fire Marshal or his designated representative. Additionally, the Fire Marshal may initiate such inspections at such other times as he deems appropriate to satisfy 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 ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread, or which may constitutes a violation of this ordinance or any other law or standard affecting fIre safety. 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 Fire Marshal or his designee observes a violation of this chapter and performs a follow-up (re-inspection) inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within 30 days of being billed therefore as condition to continue lawful occupancy of the building or dwelling to be inspected. Said fee shall be based upon the amount of interior area of the building leased, occupied or used by the person. The fee shall be in the amount established, and from time to time amended, by ordinance of City Council, a copy that shall be kept on file with the City Secretary. Follow up inspection fees for common areas of such buildings or premises shall be charged to and paid by the owner in accordance with 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 provided for in Section 106 of the code adopted by this ordinance, originally adopted with the enactment of Ordinance Number 87-196 shall be as follows: Page 16 S:\Our Documents\Ordinances\06\Intemational Fire Code 2003 Edition.doc 1. Building Fire Safety Follow-Up (Re-inspection) Inspection Fees provided in Section 106: Interior Square FootaS!e I to 3,000 3,001 to 24.000 24,001 to 100,000 over 100,000 Fee $ 25.00 $ 50.00 $100.00 $100.00 If a second follow-up (re-inspection) is required because the violation has not been corrected, the following fees shall be charged: 1 to 3,000 3,001 to 24,000 24,001 to 100,000 over 100,000 $ 50.00 $100.00 $200.00 $200.00 2. The fee for an operational permit required under Section 105 of the Fire Code shall be $200.00 per permit. 3. The fee for a construction permit required under Section 105 of the Fire Code shall be $100.00. 4. The fee for a gas well permit and inspection for gas well development, including but not limited to drilling a gas well, above ground gas storage tanks, piping inspections, completion of gas well, revenue of a gas well and abandonment of a gas well is $200 per permit or $200 per inspection. 5. Per Section 901.6.1 of the Fire Code, a fee of$35.00 shall be assessed for each annual inspection of automatic extinguishing systems (Hood Suppression Systems) automatic fIre suppression systems, and automatic fIre alarm systems. 6. Per Section 105.6.10 of the Fire Code, a fee for a temporary sales or display booth in covered ma1ls shall be $35.00. 7. Per Section 105.7.12 of the Fire Code, a fee of $35.00 shall be assessed for a temporary tent permit. SECTION 3. Any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fIne not exceeding Two Thousand Dollars ($2,000.00). Each such person sha11 be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application there of to any person or circumstance is held invalid by any court Page 17 S:\Our Documents\Ordinances\06\Intemational Fire Code 2003 Edition.doc of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City COlUlcil of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 6. That this 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 published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of its passage. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRET AR Y BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY A TIO BY: Page 18 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Fire/Building Inspections ACM: Jon Fortune II SUBJECT Consider adoption of an ordinance of the City of Denton amending Section 28-27 of the Code of Ordinances to provide for the adoption of the 2003 International Building Code, 2003 International Residential Code for one and two family dwellings, 2003 International Fuel Gas Code, 2003 International Plumbing Code, and the 2003 International Mechanical Code all published by the International Code Council; regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; providing for the condemnation of buildings and structures unfit for human occupancy, providing for the regulation and governing of the construction, altering, movement, enlargement, replacement, repair, equipment location, removal and demolition of detached one and two family dwellings and multiple single family dwellings not more than three stories in height with separate means of egress; providing the regulation and governing of the design construction, quality of materials, erection, installation, alternation, repairs, location, relocation, replacement, addition to, use or maintenance of plumbing and mechanical systems in the City of Denton, Texas; providing for the regulation and governing of fuel gas systems and gas fired appliances; providing for the issuance of permits and collection of fees thereof; providing for amendments thereto; providing for a penalty for violation of a fine not to exceed $2,000; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. BACKGROUND The "International Codes" were introduced to provide a model code with national consistency. The International model codes consist of: International Residential Code; International Building Code; International Mechanical Code; International Fuel Gas Code; International Plumbing Code; International Fire Code. The International Codes are intended to provide regulations that safeguard public health and safety in all communities. Because the codes are designed to be national, local amendments are required to meet the needs of local jurisdictions. The North Texas Regional Council of Governments has participated in the development of local regional amendments. Several of these amendments are found in each of the codes that are proposed for adoption. In an effort to provide consistency, the 2000 International Codes were first adopted by the City of Denton in February of 2002. Prior to the adoption of the 2000 International Codes, the City of Denton, like most other cities in the Metroplex, had adopted the Uniform Codes. The "2003 Page 1 of2 International Codes" have since been introduced after a lengthy review process through the International Code Council, (ICC). Changes to the International Codes are brought about by new technology and events that have occurred throughout the nation. The majority of the changes are related to health and safety. Staffs from Building Inspections and the Fire Department have performed a comprehensive local review of these changes. City staff met with members of the building community in January and November of 2005. These meetings provided information to the building community about the proposed changes to International Codes and especially the proposed local amendments. These meetings also allowed the building community to provide input regarding the changes. In cooperation between the building community and the City of Denton, staff proposed to increase amendments to the energy efficiency of new residential and commercial buildings. Following these meetings the building community communicated support for the proposed adoption. The purpose of the International Codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. PRIOR ACTION/REVIEW The City Council received a report and discussed the 2003 International Building Codes on January 17, 2006 and gave Staff direction to bring back specific ordinances for their consideration. The Construction Advisory and Appeals Board recommended approval of the proposals in July of 2005. The building community reviewed proposals and voiced their support. FISCAL INFORMATION There is no fiscal impact with the adoption of the proposed codes. Prepared by: :to ~ ". ~ ~ Ross Chadwick Fire Department Attached Ordinances: International Building Code International Mechanical Code International Fuel Gas Code International Plumbing Code Page 2 of2 s:\Our Documents\Ordinances\06\Building Code Ordinance. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28- 27 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE 2003 INTERNATIONAL BUILDING CODE, 2003 INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO F AMIL Y DWELLINGS, 2003 INTERNATIONAL FUEL GAS CODE, 2003 INTERNATIONAL PLUMBING CODE, AND THE 2003 INTERNATIONAL MECHANICAL CODE ALL PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPANCY AND USE; PROVIDING FOR THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY, PROVIDING FOR THE REGULATION AND GOVERNING OF THE CONSTRUCTION, ALTERING, MOVEMENT, ENLARGEMENT, REPLACEMENT, REPAIR, EQUIPMENT LOCATION, REMOVAL AND DEMOLITION OF DETACHED ONE AND TWO FAMILY DWELLINGS AND MULTIPLE SINGLE FAMILY DWELLINGS NOT MORE THAN THREE STORIES IN HEIGIIT WITH SEPARATE MEANS OF EGRESS; PROVIDING THE REGULATION AND GOVERNING OF THE DESIGN CONSTRUCTION, QUALITY OF MATERIALS, ERECTION, INSTALLATION, ALTERATION, REPAIRS, LOCATION, RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF PLUMBING AND MECHANICAL SYSTEMS IN THE CITY OF DENTON, TEXAS; PROVIDING FOR THE REGULATION AND GOVERNING OF FUEL GAS SYSTEMS AND GAS FIRED APPLIANCES; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED $2,000.00; 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 Chapter 28, Section 28-27. of the Code of Ordinances of the City of Denton is hereby amended so that said section shall hereafter be and read as follows: Adoption of the building code. The International Building Code, 2003 Edition, as published by the International Code Council, a copy of which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the building code for other than I & 2 family dwellings for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28-28; That Chapter 28, Section 28-33 of the Code or Ordinances of the City of Denton is hereby added so that said section shall hereafter be and read as follows: Adoption of the residential code. The International Residential Code with Appendix G, 2003 edition as published by the International Code S:\Our Documents\Ordinances\06\Building Code Ordinance. doc Council, a copy which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the residential code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28~34. That Chapter 28, Section 28-123 of the Code or Ordinances of the City of Denton is hereby added so that said section shall hereafter be and read as follows: Adoption of the fuel gas code. The International Fuel Gas Code, 2003 edition as published by the International Code Council, a copy which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the fuel gas code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28-124. That Chapter 28, Section 28-144 of the Code or Ordinances of the City of Denton is hereby added so that said section shall hereafter be and read as follows: Adoption of the plumbing code. The International Plumbing Code, 2003 edition as published by the International Code Council, a copy which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the plumbing code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28-145. That Chapter 28, Section 28-251 of the Code or Ordinances of the City of Denton is hereby added so that said section shall hereafter be and read as follows: Adoption of the mechanical code. The International Mechanical Code, 2003 edition as published by the International Code Council, a copy which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the mechanical code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28-252. Section 28-28 is hereby amended to read as follows: Amendments to the 2003 International Building Code (1) Section 101.2, exception No.2 is amended to read 8$ follows: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall be permitted to comply with the International Existing Building Code with prior approval of the Building Official. Otherwise see chapter 34. (2) Section 101.4 Is amended to read 8$ follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extend of each such reference. 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 Electrical Code shall mean the Electrical Code as adopted. Section 103 Is amended by adding section 103.1.1 to read as follows: 103.1.1 Police power. The building official and members of the department of building safety shall have the powers of a police officer when performing their duties under this code. (3) Section 109.3.5 is deleted. Section 113.4 is amended to read 8$ follows: 2 S:\Our Docurnents\Ordinances\06\Building Code Ordinance. doc Section 113.4 Violation Penalties. Persons who shan violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the building official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor offense punishable by a fine ot not more than $2000.00. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 114.3 /s amended to read as follows: Section 114.3 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than two hundred ($200) dollars or more than two thousand ($2000) dollars. (4) Section 202 is amended by adding a new definition to read as follows: HIGH-RISE BUilDING. A building having any floor used for human occupancy located more than 55 feet (16764 mm) above the lowest Jevel otfire department vehicle access. (5) Section 302.1.1 is amended to read as follows: 302.1.1 Incidental use areas. Spaces which are incidental to the main occupancy shall be separated or protected, or both, in accordance with Table 302.1.1 Areas that are incidental to the main occupancy shall be classified in accordance with the main occupancy of the portion of the building in which the incidental use area is located. exception: Incidental use areas within and serving a dwelling unit are not required to comply with this section. (6) Section 302.2.1 Is amended to read as follows: 302.2.1 Assembly areas. Accessory assembly areas are not considered separate occupancies if the floor area is equal to or less than 750 square teet (69.7 m2). Assembly areas that are accessory to Group E occupancies are exempt from the separation requirements of Table 302.3.2 and are considered Group E occupancies only for the application ot Table 503. Accessory religious educational rooms and religious auditoriums with occupant loads of fess than 100 are not considered separate occupancies. (7) Table 302.3.2; the footnote reference in row R-3, R4, column U is amended to change, from "d" to "f' and add foot note "f'to read as follows: f. See Section 406.1.4. (8) Section 303.1 first paragraph Is amended to read as follows: 303.1 Assembly Group A. {1st four sentences to remain unchanged}. Assembly areas which are accessory to Group E occupancies are exempt from the separation requirements of Table 302.3.2 and are considered Group E occupancies only for the application of Table 503. {Last sentence to remain unchanged) (9) Section 304.1/s amended to add the fo/lowlng to the list of occupancies: Fire stations Police stations with detention facilities for 5 or less (10) Section 403.1 Is amended by changing the first paragraph and exception 3 to read as follows: 3 s:\Our Documents\Ordinances\06\Building Code Ordinance.doc 403.1 Applicability. The provisions of this section shall apply to buildings having any occupied floors located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access. 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. (11) Section 403.2 Is amended by deleting exception #2. (12) Section 404.1.1 Is amended by changing the definition of" Atrium" as follows: ATRIUM. An opening connecting three or more stories . . . {Balance remains unchanged} (13) Section 406.1.41. amended to add Item #4 to read as follows: 4. A separation is not required between a Group R-2 and U carport provided that the carport is entirely open on aU sides and that the distance between the two is at least 10 feet (3048 mm). (14) Section 406.6.1 Is amended to add a second paragraph to read as follows: This occupancy shall include garages involved in servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such non-major repair. . When the repair garage is only involved in such minor repair, it need not comply with Section 406.6.2. (15) Section 506.2.2 is amended to add a sentence to read as follows: In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway from the street or approved fire lane must be provided. (See International Fire Code Section 503.1.1 for hose lay measurement pathway requirements.) (16) Table 602; amend footnote b by the addition of the following sentence: b. Group R-3 and Group U when used as accessory to Group R-3, as applicable in 101.2 shalf not be required to have a fire-resistance rating where fire separation distance is 3 feet or more. Group R-2 and Group U carport, as applicable in 406.1.4, exception 4 shall be required to have a fire-resistance rating where fire separation distance is 10 feet or less. (17) Section 705.11 Is amended by changing the exception to read as follows: Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer openings of. . . {remainder of exception unchanged}. (18) Section 707.2 Is amended by Changing exception number 7 as follows: 7.4 Is separated from floor openings... (remainder of exception unchanged) (19) Section 716.5.2 Is amended by adding exception #4 to read as follows: 4. In the duct penetration of the separation between the private garage and its residence when constructed in accordance with Section 406.1.4, exception #2. (20) Section 901.3 Is amended by changing Building Official to read Fire Marshal or his representative. (21) Section 901.5 is amended by changing Building Official to read Fire Marshal or his representative. (22) Section 901.6.3 is amended by changing Building Official to read Fire Marshal or his representative. 4 s:\Our Documents\Ordinances\06\Building Code Ordinance.doc (23) Sections 902-908 & Section 910 shall conform to the requirements of the 2003 International Fire Code as amended. (24) Section 1008.1.3.4 is amended by adding criteria #7 as follows: 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. (25) Section 1016.1 /s amended by adding an exception #5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke-detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke-detection system shall be connected to the building's fire alarm system where such a system is provided. (26) Section 1019.1.8 is amended to read as follows: 1019.1.8 Smokeproof enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves stories where any floor surface is located more than 55 feet (16 764 mm) above the lowest level of fire. . . {remainder of section unchanged}. (27) Section 1101.2 is amended to add an exception to read as follows: Exception: Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. (28) Section 1109.2.1 is amended to read as follows: 1109.2.1 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible unisex toilet room shall be provided where an aggregate of six or more male or female water closets is provided. In buildings of mixed occupancy, only those water closets . {remainder of section unchanged}. (29) Section 1210.2, exception #2/s amended to read as follows: 2. Toilet rooms that are not accessible to the public and which have not more than one water closet; provided that walls around urinals comply with the minimum surrounding material specified by Section 419.3 of the International Plumbing Code. (30) Section 1403.3 Is amended to read as follows: 1403.3 Vapor retarder. In all framed walls, floors and roof/ceilings comprising elements of the building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as to not trap moisture. Vapor retarders shall be tested in accordance with ASTM E 96. (delete all exceptions) (31) Table 1505.1 is amended by replacing footnotes band c with the following: b. All individual replacement shingles or shakes shall be in compliance with the rating required by this table. c. Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq.ft. of projected roof area. When exceeding 120 sq.ft of projected roof area, buildings of U occupancies may use non-rated non-combustible roof coverings. (32) Section 1505.7;s deleted. (33) Section 2308 Is amended by adding Section 2308.2.3 to read as follows: 5 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc 2308.2.3 Application to engineered design. When accepted by the Building Official, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that: 1. The resulting design will comply with the requirements specified in Chapter 16; 2. The load limitations of various elements of this section are not exceeded; and 3. The portions of this section which will apply are identified by an engineer in the construction documents. (34) Section 2901.1 is amended by adding a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. (35) Sect/on 2902.1 and 2902.1.1 are amended to read as follows and by adding sub sections: 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 2902.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 2902.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 2902.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the code official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3. 2902.2 finish material. Finish materials shall comply with Section 1210. Amendments to the 2003 International Residential Code (1) Section R102.41s amended to read as follows: R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 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 made to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. Exception: Where enforcement. . . {remainder of exception unchanged.}. . .. (2) Section R10S.2. item #1/s amended to read as follows: 6 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc 1. One-story detached accessory structures, provided the floor area does not exceed 120 square feet (11.15 m2). (3) Section R109.1.3 is amended to read as follows: R109.1.3 Floodplain Inspections. For construction permitted in areas prone to flooding as established by Table R301.2(1), upon. . . {bulk of section unchanged} . . . construction, the building official may require submission. . . {remainder of section unchanged}. (4) Section R110 (R110.1 through R110.4) Is deleted. (5) Sections R112.2.1 & R1112.2.2 are deleted. (6) Section R202 Is amended to change the definition of -Townhouse- to read as follows: TOWNHOUSE. A single-family dwelling unit constructed in a group of attached units separated by property lines in which each unit extends from foundation to roof and with open space on at least two sides. (7) Section R202 Is amended to add a definition of "Naturally durable wood" as follows: NATURALLY DURABLE WOOD. The heartwood of the following species with the exception that an occasional piece with comer sapwood is permitted if 90 percent or more of the width of each side on which it occurs is heartwood. Decay resistant. Redwood, cedars, black locust and black walnut. Tennite resistant. Redwood and Eastern red cedar. 7 S:\Our Documents\Ordinances\06\BuiIding Code Ordinance. doc (8) Table R301.2(1) is amended by filling In as follows: GROUND SNOW LOAD Sib! WIND SPEED (mph) SEISMIC DESIGN CATEGOR 90 A Weatherin a Moderate WINTER ICE SHIELD UNDER- FLOOD AIR FREEZING MEAN ANNUAL DESIGN TEMpfe LA YMENT HAZARDS!:lg INDEXti TEMpl<ij REQUIREDih 220F No local code 690F 64.9OF For SI: 1 pound per square foot = 0.0479 kN/m.02, 1 mile per hour = 1.609 km/h. a. No revisions. b. No revisions. c. No revisions. d. No further revisions. e. No further revisions. f. No further revisions. g. No further revisions. h. No further revisions. i. No further revisions. j. No further revisions. (9) Figure R301.2(7) Is deleted and renumber figures as needed. (10) Section R302.1/s amended by adding a second exception as follows: Exceptions: 1. Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line. 2. Open metal carport structures may be constructed within zero (0) feet of the property line without fire-resistive or opening protection when the location of such is approved as required by other adopted ordinances. (11) Section R303.3, exception Is amended to read as follows: Exception: The glazed areas shall not be required where artificial light and a mechanical ventilation system, complying with one of the following, are provided. 1. The minimum ventilation rates shall be 50 cfm (23.6 Us) for intermittent ventilation or 20 cfm (9.4 Us) for continuous ventilation. Ventilation air from the space shall be exhausted directly to the outside. 2. Bathrooms that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. (12) Section R303.8 Is amended to read as follows: R303.8 RequinKI heating. Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 6SoF (20oC) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design temperature. {Remainder of section unchanged} 8 S;\Our Documents\Ordinances\06\Building Code Ordinance. doc (13) Section R311.2.2/s amended to read as follows: R311.2.2 Under stair protection. Enclosed accessible space under stairs shall have walls, under stair surface and any soffits protected on the enclosed side with 5/8-inch (15.8 mm) fire- rated gypsum board or one-hour fire-resistive construction. (14) Section R317.1 is amended by adding a second exception to read as follows: Exceptions: 1. {existing exception unchanged} 2. Two-famify dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. (15) Section R318 /s deleted. (16) Sections R319 and R320 are amended to read as follows: Revise Section R319.1 to read as follows: R319.1 Location required. Protection from decay shall be provided in the following locations by the use of naturally durable wood or wood that is pressure preservatively treated in accordance with AWPA C1, C2, C3, C4, C9, C15, C18, C22, C23, C24, C28, C31, C33, P1, P2, and P3, or 1. No revision. 2. No revision. 3. No revision. 4. No revision. 5. No revision. 6. No revision. 7. No revision. R319.1.1 Field treatment Field cut ends, notches and drilled holes of pressure preservatively treated wood shall be retreated in the field in accordance with AWPA M4. Renumber existing sections R319.1.1 (Ground contact) through R319.1.4 (Wood columns). Delete Section R320.1 and substitute the following: R320.1 Subterranean termite control. In areas favorable to termite damage as established by Table R 301.2 (1), methods of protection shall be by one of the following: Chemical soil treatment, pressure preservatively treated wood in accordance with the AWPA standards listed in Section R319.1, naturally termite-resistant wood or physical barriers (such as metal or plastic termite shields), or any combination of these methods. R 320.1.1 Pressure preservatively treated or naturally durable wood shall be provided as per HUD standards. Pressure perservatively treated wood shall be treated in accordance with the standards cited in R 319.1. R 320.1.1.1 Quality Mark. Lumber and plywood required to be pressure preservativery treated in accordance with R324.1 shall bear the quality mark of an approved inspection agency which maintains continuing supervision, testing, and inspection over the quality of the product and which has been approved by an accreditation body which complies with the requirements of the American Lumber Standards Committee treated wood program. 9 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc R320.1.1.2 Field treatment. Field cut ends, notches and drilled holes of pressure preservatively treated wood shall be retreated in the field in accordance with AWPA M4. Rev;se sections R320.2 through R320.4 as follows: R320.1.2 Pesticide treatment. The concentrations, rate of application and treatment methods of the termiticide shall be consistent with the termiticide label. Pesticide treatment shall be provided using methods approved by the Environmental Protection Agency and the Texas Structural Pest Control Board. R320.1.3 Physical Barriers. Physical barriers shall be installed as recognized by Texas Structural Pest Control Board. R320.2 Foam plastic protection. {Remainder of section unchanged.} (17) Section R323.1Is amended to read as follows: R323.1 General. Buildings and structures, when permitted to be constructed in flood hazard areas. . . {bulk of section unChanged} . . . shall be designed and constructed as required in accordance with the provisions contained in this section or by other local proviSions as applicable. (18) Section R602.10.5 is amended by adding the following exception and figure: Exception: Vertical wall segments in the first of one- or first of two-story buildings next to garage openings shan be permitted to have a 6:1 height-to-width ratio (with height being measured from top of header to sill plate) when constructed in accordance with the following provisions. Each panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10 feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch- minimum-thickness (9.5 mm) wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with Figure R602.10.5(2). The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with Figure R602.10.5(2). The header shall extend between the inside faces of the first full-length outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than six feet (1829 mm) and not more than 18 feet (5486 mm) in length. A strap with an uplift capacity of not less than 1000 pounds (454 kg) shall fasten the header to the side of the inner studs opposite the sheathing. Two anchor bolts shall be installed in accordance with Section R403.1.6, and plate washers shall be a minimum of 2 inches by 2 inches by 3/16 inch (51 mm by 51 mm by 4.88 mm) thick and shall be used on each bolt. This exception is only permitted in Seismic Design Categories A-C. 10 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc Figure R602.10.5(2) GARAGE DOOR BRACED WALL PANEL FOR USE WITH CONTINUOUSLY SHEATHED WALLS 10 E:>;.~NiOFiiEADER MAX. HEIGHT 10 (19) Section R703.7.4.1Is amended by adding a second paragraph to read as follows: For 3X square feet (0.302 m2) of wall area, the following dimensions shall be adhered to: 1. When ties are placed on studs 16 in (407 mm) O.C., they shall be spaced no further apart than 29 in (737 mm) vertically starting approximately 15 in (381 mm) from the foundation. 2. When ties are placed on studs 24 in (610 mm) o.c., they shall be spaced no further apart than 19 in (483 mm) vertically starting approximately 10 in (254 mm) from the foundation. (20) Section 902 is amended by adding Section R902.3 to read as follows: R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual replacement shingles or shakes shall be a minimum Class C. Exception: Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq.ft. of projected roof area. When exceeding 120 sq.ft. of projected roof area, buildings of U occupancies may use non-rated non- combustible coverings. (21) Section R907.1Is amended by adding a sentence to read as follows: All individual replacement shingles or shakes shall comply with Section R902.3. (22) Chapter 11 shall confonn to the requirements of the 2003 International Energy Conservation Code as amended. 11 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc (23) Section M1305.1.3Is amended to read as follows: M1305.1.3 Appliances in attics. Attics containing appliances reqUIring access shall be provided . . . {bulk of paragraph unchanged} . . . from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5 not less than 30 inches (762 mm) wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm) wide sharr be present along alf sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. (24) Section M1305.1.3.1 is amended by adding a sentence to read as follows: Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage. (25) Section M1305.1.4.1 is amended to read as follows: M1305.1A.1 Ground clearance. Appliances supported from the ground shall be level and firmly supported on a concrete slab or other approved material extending above the adjoining ground a minimum of 3 inches (76 mm). Appliances suspended from the floor shall have a clearance of not Jess than 6 inches (152 mm) above the ground. (26) Section M1305.1.4.3Is amended by adding a sentence to read as follows: Low voltage wiring of 50 Volts or less shalf be installed in a manner to prevent physical damage. (27) Section M1307.3.1Is deleted. (28) Section M1501.2 is deleted and replaced with the following: M1501.2 Exhaust duct size. The minimum diameter of the exhaust duct shalf be as recommended by the manufacturer, shall be at Jeast the diameter of the appliance outlet and shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not be reduced along its developed length nor at the point of termination. (29) Section M1501.3 is amended to read as follows: M1501.3 Length limitation. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the waif or roof termination with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90- degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. The maximum length of the exhaust duct does not include the transition duct. {The Exception is unchanged} (30) Section M2005.2Is amended to read as follows: M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Gode and equipped with an approved self-closing device. Direct-vent water heaters are not required to be installed within an enclosure. 12 S:\Our Docurnents\Ordinances\06\Building Code Ordinance. doc (31) Section G2408.31s deleted. (32) Section GU12.5 is amended by adding a second paragraph to read as follows: Both ends of each section of medium pressure gas piping shaH identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: 'WARNING 1/2 to 5 psi gas pressure Do Not Remove" (33) Section G2413.3 ;s amended by adding an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2". (34) Section G2415.6 is amended to read as follows: G241S.6 (404.6) Piping in solid floors. Piping in solid floors shall be laid in channels in the floor and covered in a manner what will allow access to the piping with a minimum amount of damage to the building. Where such piping is subject to exposure to excessive moisture or corrosive substances, the piping shall be protected in an approved manner. As an alternative to installation in channels, the piping shall be installed in accordance with Section G2415.11 (35) Section G2415.9 is amended to read as follows: G241S.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (458 mm) below grade. (36) Section GUtS.9.t ;s deleted. (37) Section G2417.1 is amended to read as follows: G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall be inspected and pressure tested to determine that the materials, design, fabrication, and installation practices comply with the requirements of this code. The permit holder shall make the applicable tests prescribed in Sections 2417.1.1 through 2417.7.4 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the piping system is ready for testing. The equipment, material, power and labor necessary for the inspections and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. (38) Section GUt7.4 Is amended to read as follows: G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. For tests requiring a pressure of 3 psig, mechanical gauges shall utilize a dial with a minimum diameter of three and one half inches (3 %"), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, mechanical gauges shall utilize a dial with a minimum diameter of three and one-half inches (3 %"), a set hand, a minimum of 2/1 0 pound incrementation and a pressure range not to exceed 20 psi. (39) Section G2417.4.1Is amended to read as follows: G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column 13 S:\Our Docurnents\Ordinances\06\Building Code Ordinance.doc pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. (40) Section G2417.4.2 Is amended to read as follows: G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. (41) Section G2420 /s amended by adding Section G2420.1.4 to read as fo/lows: G2420.1.4 Valves In CSST Installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the varve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. (42) Section G2421.1Is amended by adding a second paragraph and exception to read as follows: Access to regulators shalf comply with the requirements for access to appliances as specified in Section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. (43) Sect/on G2439.5 Is amended by adding a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. (44) Section G2439.5.1/s amended to read as follows: G2439.5.1 (614.6.1) Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. {Exception is unchanged} (45) Section G2445.2 is amended to read as follows: G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in International Fuel Gas Code Section 108.7. (46) Section G2448.1.1Is amended to read as follows: G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this code. 14 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc (47) Sect/on P2S03.5.1; Item 1 Is amended by adding a second paragraph to read as follows: Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shalf be subjected to the test at the point where it is clamped to the drain. (48) Sect/on P2S03.7.2 is amended to read as follows: P2S03.7.2 Testing. Reduced pressure principle. . . {bulk of section unchanged} . . . at the time of installation, immediately after repairs or relocation and at regular intervals as required by applicable state or local provisions. (49) Section P2603.2.1/s amended to read as follows: P2603.2.1 Protection against physical damage. In concealed locations... {bulk of section unchanged}...Protective shield plates shall be a minimum of .062-inch-thick (1.6 mm) steel and shall cover the area of the pipe where the member is notched or bored. (50) Section P2603.6.1 is deleted and replaced with the following: P2603.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. (51) Section P2709.1Is amended by adding an except/on to read as follows: Exception: Showers designed to comply with ICC/ANSI A 117.1. (52) Section P2801.6 by adding an exception to read as follows: Exception: Elevation of the ignition source is not required for water heaters that are listed as flammable vapor resistant and for installation without elevation. (53) Sect/on P2902.4.3 is amended to read as follows: P2902.4.3 Lawn Irrigation Systems. The potable water supply system to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure type vacuum breaker, or a reduced pressure principle backflow preventer . . . {remainder of section unchanged}. (54) In Table P2904.4.1 & P2904.5; "Polybutylene (PB) plastic pipe and tubing. is deleted. (55) Sections P2904.5.1 and P2904.14 are amended by deleting the reference to "PS" plastic pipe. (56) Section P3005.2.6 Is amended to read as follows: P300S.2.6 Upper terminal. Each horizontal drain shall be provided with a cleanout at its upper terminal Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524 mm) in length unless such line is serving sinks or urinals. (57) Section P3103.1/s amended to read as follows: P3103.1 Roof extension. All open vent pipes which extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof, except that . . . {remainder of section unchanged}. (58) Section P3105.21s amended to read as follows: P3105.2 Fixture drains. The total faU in a fixture drain due to pipe slope shall not exceed one pipe diameter, nor shall the vent pipe connection to a fixture drain, except for water closets, be below the weir of the trap (59) Sect/on 3105.3 and Figure P3105.3 are deleted. 15 s:\Our Documents\Ordinances\06\Building Code Ordinance.doc (60) Section P3111 is deleted. (61) Section P3112.21s deleted and replaced with the following: P3112.2Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drain board height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye-branch immediately below the floor and extending to the nearest partition and then through the roof to the open air or may be connected to other vents at a point not less than six (6) inches (152 mm) above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be maintained. The return bend used under the drainboard shall be a one (1) piece fitting or an assembly of a forty-five (45) degree (0.79 radius), a ninety (90) degree (1.6 radius) and a forty- five (45) degree (0.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent. (62) Chapters 33 through 42 are deleted. Replace with the electrical code as adopted. END Amendments to the 2003 International Fuel Gas Code (1) Section 102.2 Is amended by adding an exception to read as follows: Exception: Existing dwelling units shall comply with Section 621.2. (2) Section 102.8 Is amended to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions 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 Electrical Code shall mean the Electrical Code as adopted. (3) Section 304.10 Is amended to read as follows: 304.10 Louvers and grilles. The required size of openings...(bulk of paragraph unchanged}...to provide the free area specified. Where the design and free area are not known; it shall be assumed that wood louvers will have 25-percent free area and metal louvers and grilles will have 50-percent free area. (Remainder of section unChanged.) (4) Section 304.11 is amended by changing Exception 8 to read as follows: 304. 11 Combustion air ducts. (Bulk of section unchanged.) 8. Combustion air Intake openings 10CBted on the exterior of a building shall have the lowest side of such openings located not less than 12 Inches (305 mm) vertically from the adjoining grade level or the manufacturers recommendation; whichever is more stringent (5) Sect/on 305.5 Is deleted. 16 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc (6) Section 305.7 is amended to read as follows: 305.7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending a minimum of 3 inches (76 mm) above adjoining grade or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. (7) Section 306.3 /s amended to read as follows: 306.3 Appliances in attics. Attics containing appHances requiring access shall be provided. . . {bulk of paragraph unchanged} . . . from the opening to the equipment. The passageway shall have continuous unobstructed solid flooring not less than 30 inches (762 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the equipment. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 4. A permanent stair. 5. A pull down stair. 6. An access door from an upper floor level. exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. (Delete Exception #2.) (8) Section 306.5 /s amended to read as follows: 306.5 Equipment and appliances on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access. Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliance's level service space. Such access shall. . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. (9) Section 306 is amended by adding Section 306.5.1.1 to read as follows: 306.5.1.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. (10) Section 306 is amended by adding Section 306.7 to read as follows: 306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. 306.7.1. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. (11) Section 401.5 Is amended by adding a second paragraph to read as follows: Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: 17 .. S:\Our Documents\Ordinances\06\Building Code Ordinance.doc 'WARNING 1/2 to 5 psi gas pressure Do Not Remove" (12) Section 402.3 Is amended by adding an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2". (13) Sect/on 404.6 is amended to read as follows: 404.6 Piping in solid floors. Piping in solid floors shall be laid in channels in the floor and covered in a manner that will allow access to the piping with a minimum amount of damage to the building. Where such piping is subject to exposure to excessive moisture or corrosive substances, the piping shalf be protected in an approved manner. As an alternative to installation in channels, the piping shall be installed in accordance with Section 404.11 (14) Section 404.9 Is amended to read as follows: 404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (458 mm) below grade. (15) Section 406.4 Is amended to read as follows: 406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made. For tests requiring a pressure of 3 psig, mechanical gauges shall utilize a dial with a minimum diameter of three and one half inches (3 W'), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, mechanical gauges shaH utilize a dial with a minimum diameter of three and one-half inches (3 X"), a set hand, a minimum of 2/10 pound incrementation and a pressure range not to exceed 20 psi. (16) Section 406.4.1 Is amended to read as follows: 406.4.1 Test pressure. The test pressure to be used shalf be not less than 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or Slope gauge. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure. (11) Section 406.4.2 Is amended to read as follows: 406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water colUmn pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes. (Delete remainder of section.) (18) Section 409 is amended by adding Section 409.1.4 to read as follows: 409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. 18 . S:\Our Documents\Ordinances\06IBuilding Code Ordinance.doc (19) Section 410.1 is amended by adding a second paragraph and exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in Section 306. ExcepUon: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. (20) Section 614.6 Is amended by adding a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. (21) Section 614.6.1 Is amended to read as follows: 614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airilow. {Exception is unchanged} (22) Section 621.2 Is amended to read as follows: 621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in Section 108.7. (23) Section 624.1.1 is amended to read as follows: 624.1.1 InstallaUon requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with the International Plumbing Code. END Amendments to the 2003 International Plumbing Code (1) Table of Contents is amended by changing the reference to. Chapter 7. Section 714; change to read as follows: Section 714 Engineered Drainage Design. . . .. . . . . . . . . . . . . . .62 (2) Section 101.2 Is amended by changing exceptions 1 and 2 to read as follows: 101.2 Scope (Paragraph unchanged) Exceptions: 1. Detached one and two. family dwellings . . . (unchanged) . . . International Residential Code as adopted. 2. Plumbing systems in existing buildings . . . (unchanged) . . . IntemaUonal Existing Building Code or the provisions for existing buildings in the International Building Code as adopted. (3) Section 102.8 is amended to read as follows: 19 S:\Our Documents\Ordinances\06\BuiJding Code Ordinance.doc 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. Where the differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. 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 Electrical Code shall mean the Electrical Code as adopted. (4) Sections 106.6.2 and 106.6.3 are amended to read as follows: 106.6.2 Fee schedule. The fees for all plumbing work shall be as adopted by resolution of the governing body of the jurisdiction. 106.6.3 Fee Refunds. The code official shall establish a policy for authorizing the refunding of fees. (Delete balance of section) (5) Section 109 is deleted and replaced with the following: SECTION 109 MEANS OF APPEAL 109.1 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals established by ordinance. The board shall be governed by the enabling ordinance. (6) Section 305.6.1/s amended to read as follows: 305.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade. (7) Section 305.9 is amended to read as follows: 305.9 Protection of components of plumbing system. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they would be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner. (8) Section 310.4 is deleted. (9) Sections 312.9.1 and 312.9.2 are amended to read as follows: 312.9.1 Inspections. Annual inspections shall be made of aU backflow prevention assemblies and air gaps to determine whether they are operable. In the absence of local provisions, the owner is responsible to ensure that testing is performed. 312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double check- valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, hose connection backflow preventers, and spill-proof vacuum breakers shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with applicable local provisions. In the absence of local provisions, the owner is responsible to ensure that testing is done in accordance with one of the following standards: {fist of standards unchanged} (10) Section 314.2.1/s amended by changing the second sentence to read as follows: 314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. 20 . s:\Our Documents\Ordinances\06\BuiIding Code Ordinance.doc (11) Section 314.2.2 is amended to read as follows: 314.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shalf be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC or PVC pipe or tubing. All components shall be selected for the pressure temperature rating of the installation. {Remainder unchanged} (12) Section 401.1 is amended by adding a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of the Building Code. Should any conflicts arise between the two chapters, the Code Official shall determine which provision applies. (13) Sect/on 4lJ3.1 ;s amended to read as follows: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 403.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shaff be determined in accordance with the International Building Code. (14) Section 403 ;s amended by adding Section 4lJ3.1.2 to read as follows: 403.1.2 Finish material. Finish materials shall comply with Section 1209 of the International Building Code. (15) Section 405.6 is deleted. (16) Section 409.2 is amended to read as follows: 409.2 Water connectJon. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with Section 608. (17) Section 410.1 Is amended to read as follows: 410.1 Approval. Drinking fountains shaff conform to ASME A112.19.1M, ASME A112.19.2M or ASME A112.19.9M, and water coolers shall conform to AR11010. Drinking fountains and water coolers shall conform to NSF 61, Section 9. Exception: A drinking fountain need not be provided in a drinking or dining establishment. (18) Section 412.4 Is amended to read as follows: 412.4 Required location. Floor drains shall be installed in the following areas. 1. In public coin-operated laundries and in the central washing facilities of multiple family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. 2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code official may accept floor sinks.) 21 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc (19) Section 413.4 /s amended to read as follows: 413.4 Water supply required. All food waste grinders shall be provided with a supply of cold water. The water supply shall be protected against backflow by an air gap or with the installation of a backflow preventer in accordance with Section 608. (20) Section 411.5 is amended to read as follows: 417.5 Shower floons or receptors. Floor surfaces shall be constructed of impervious, noncorrosive, nonabsorbent and waterproof materials. Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of 9 inches (229 mm), measured from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch (559 mm) door. Exception: Showers designed to comply with ICC/ANSI A 117.1. (21) Section 411.5.2 /s amended to read as follows: 417.5.2 Shower lining. Floors under shower compartments, except where prefabricated receptors have been provided, shall be lined and made water tight utilizing material complying with Sections 417.5.2.1 through 417.5.2.4. Such liners shall turn up on all sides at least 2 3 inches (76 mm) above the finished threshold level and shall extend outward over the threshold and fastened to the outside of the threshold jamb. Liners shall be recessed and fastened to an approved backing. . . {remainder of section unchanged} . . . . (22) Section 411 Is amended by adding Sect/on 417.7 to read as follows: 417.7 Test for shower receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. (23) Section 419.3 Is amended to read as follows: 419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material. (24) Section 502.3 /s amended to read as follows: 502.3 Water heatens installed in attics. Attics containing a water heater shall be provided . . . {bulk of paragraph unchanged} . . . side of the water heater. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the water heater. (25) Section 502 is amended by adding Section 502.5 to read as follows: 502.5 Water heatens above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. 502.5.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 502.3.1. (26) Section 504.6.1 is amended to read as follows: 504.6.1 Discharge. The relief valve shall discharge through full size piping to a safe place of disposal such as a floor drain, outside the building, or an indirect waste receptor. The discharge pipe shall not have any trapped sections. When the drain pipe run is exposed, in an area outside of the room where the water heater is located, in a manner that would make it subject to damage, the drain shall have a visible air gap or air gap fitting located in the same room as the water heater. The outlet end of the discharge pipe shall not be threaded and such discharge pipe shall 22 S;\Our Documents\Ordinances\06\Building Code Ordinance.doc not have a valve or tee installed. Relief valve piping shall be piped independent of other equipment drains or relief valve discharge piping to the disposal point. Such pipe shall be installed in a manner that does not cause personal injury to occupants in the immediate area or structural damage to the building. The discharge pipe shall not discharge into the pan required in Section 504.7. When discharging outside the building, the point of discharge shall be with the end of the pipe not more than two (2) feet (610 mm) nor less than six (6) inches (152 mm) above the ground or the floor level of the area receiving the discharge and pointing downward. (27) Section 604 is amended by adding Sect/on 604.4.1 to read as folJows: 604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence. (28) In Tables 605.3 and 605.4 references to "Polybutylene (PB) plastic pipe and tubing" are deleted. (29) Section 606.1 Is amended by deleting Items tU and #5. (30) Section 606.2 Is amended by changing Items #1 and 2 to read as follows: 1. On the fixture supply to each plumbing fixture. Exception: Tub and shower valves. 2. On the water supply pipe to each sillcock when subject to freezing. (31) Section 608.1 is amended to read as follows: 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from non potable liquids, solids or gases being introduced into the potable water supply through cross-connections or any other piping connections to the system. Backflow preventer applications shall conform to applicable local regulations, Table 608.1, and as specifically stated in Sections 608.2 through 608.16.9. (32) Sect/on 608.16.5/s amended to read as fo/lows: 608.16.5 Connections to lawn Irrigation Systems. The potable water supply system to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure type vacuum breaker, or a reduced pressure principle backflow preventer . . . {remainder of section unchanged}. (33) Section 608.17 is amended to read as follows: 608.17 Protection of individual water supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with applicable local regulations. In the absence of other local regulations, installation shall be in accordance with Sections 608.17.1 through 608.17.8. (34) Sect/on 712/s amended by adding Section 712.5 to read as follows: 712.5 Dual Pump System. AU sumps shall be automatically discharged and, when in any "public use" occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. For storm drainage sumps and pumping systems, see Section 1113. (35) Sections 714, 714.1 818 amended to read as follows: SECTION 714 ENGINEERED DRAINAGE DESIGN 23 S:\Our Documents\Ordinances\06\Building Code Ordinance. doc 714.1 Design of drainage system. The sizing, design and layout of the drainage system shall be permitted to be designed by approved design methods. (36) Sect/on 802.41s amended by adding a sentence to read as follows: No standpipe shall be installed below the ground. (37) Section 904.1 is amended to read as follows: 904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches (152 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. (38) Section 912.1 Is amended to read as follows: 912.1 Type of fIXture. A combination drain and vent system shall not serve fixtures other than floor drains, standpipes, and indirect waste receptors. Combination drain and vent systems shall not receive the discharge from a food waste grinder or clinical sink. (39) Section 912.2 is amended to read as follows: 912.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection between the fixture drain of a standpipe, and the horizontal combination drain and vent pipe. The maximum vertical distance shall be 8 feet (2438 mm). (40) Section 1002.10 is deleted. (41) Sect/on 1003.1: is amended to read as follows: Minimum construction standards for food service establishments are required when: 1. A new building is constructed and occupied; 2. Prior to the issuance of a certificate of occupancy for an existing building which has not been previously used as a food service establishment within the last six (6) months. 3. A change to a more restrictive class of food preparation occurs. Heavy Food Preparation: shall mean any area in which foods are prepared utilizing a grill, griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation equipment; or any area subject to flooding type of wet cleaning procedures due to the cutting or processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited to: cafeterias, fast food restaurant, full service restaurants, pizza preparation, and donut preparation. Meat and fish markets, (et cetera). A minimum 750-gallon grease interceptor is required for heavy food preparation establishments with seating capacity for 50 or more. A minimum 250-gallon grease interceptor is required for heavy food preparation establishments with a seating capacity for less than 50. Light Food Preparation: shall mean any area in which foods are prepared exclusive of the use of fryers, grills or similar equipment. Light food preparation is usually limited to the preparation of hot dogs, sandwiches, salads or other similar foods and fountain-type cold drinks. Light food preparation includes, but is not limited to, sandwich shops, limited menu concession stands (et cetera). A minimum 250-gallon grease interceptor is required for light food preparation establishments with seating capacity for 50 or more. A minimum 40-pound grease trap is required for light food preparation establishments with a seating capacity for less than 50. No Food Preparation: shall mean any area in which foods are provided pre~wrapped, from an approved source, with microwave oven type heating being the maximum handling involved. No food preparation is limited to pre-packaged sandwiches or similar foods, candies and containerized beverages. A grease interceptor is not required for no food preparation establishments. 24 . S:\Our Documents\Ordinances\06\Building Code Ordinance.doc (42) Section 1101.8 is amended to read as follows: 1101.8 Cleanouts required. Cleanouts shall be installed in the building storm drainage system... {remainder of section unchanged}... (43) Section 1106.1 is amended to read as follows: 1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6) inches per hour rainfall rate. (44) Section 1107.3 Is amended to read as follows: 1107.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shan be sized in accordance with Section 1106. Scuppers shall be sized to prevent the depth of ponding water. . . {remainder of section unchanged} . . . . (45) Section 1202.1 is amended by deleting Exception 2. END Amendments to the 2003 International Mechanical Code (1) Section 102.8 is amended to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions 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 fCC Electrical Code shall mean the Electrical Code as adopted. (2) Section 302.3 is amended to read as follows: 302.3 Cutting, notching and boring in wood framing. When permitted by the International Building Code, the cutting, notching and boring of wood framing members shall comply with Sections 302.3.1 through 302.3.4. (3) Section 304.6 is deleted. (4) Section 304.9 Is amended to read as follows: 304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending above adjoining grade a minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. (5) Section 306.3 is amended to read as follows: 306.3 Appliances In attics. Attics containing appliances requiring access shall be provided. . . {bulk of paragraph unchanged} . . . from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 30 inches (762 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following: 25 S:\Our Documents\Ordinances\06\Building Code Ordinance.doc 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. (6) Sect/on 306.5 /s amended to read as follows: 306.5 Equipment and appliances on roofs or elevated structures. Where equipment and appliances requiring access are installed on roofs or elevated structures at an aggregate height exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of access. Permanent exterior ladders providing roof access need not extend closer than 8 feet (2438 mm) to the finish grade or floor level below and shall extend to the equipment and appliance's level service space. Such access shall. . . {bulk of section to read the same}. . . on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope). A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code. (7) Section 306 is amended by adding Section 306.6.1 to read as follows: 306.8.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to the working platform at the appliance. (B)Sectlon 306 is amended by adding Section 306.7 to read as fa/lows: 306.7 Water heaters above ground or floor. When the mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building. 306.7.1 Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with Section 306.3.1. (9) Section 307.2.1 is amended by changing the second sentence to read as follows: 307.2.1 Condensate disposal. Condensate from all coofing coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance. (10) Section 307.2.2 is amended to read as follows: 307.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ASS, epvc or pve pipe or tubing. All components shall be selected for the pressure temperature, and exposure rating of the installation. {Remainder unchanged} (11) Section 307.2.3 Is amended by adding item #4 to read as follows: 4. Discharge, as noted, shall be to a conspicuous point of disposal to alert occupants in the event of a stoppage of the drain. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance. (12) Section 401.5/s amended by adding a second exception to read as follows: Exceptions: 1. {existing exception unchanged} 2. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. (13) Section 403.2ls amended by adding an exception to read as follows: 26 s:\Our Documents\Ordinances\06\Building Code Ordinance.doc Exception: Where the design professional demonstrates that an engineered ventilation system is designed in accordance with ASHRAE 62, the minimum required rate of outdoor air shalf be permitted to be as specified in such engineered system design. (14) Section 403.2.1 is amended by adding an item tU to read as follows: 4. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. (15) Table 403.3, footnote g Is changed to read as follows: g. Transfer air permitted in accordance with Section 403.2.2. Toilet rooms within private dwellings that Contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical re-circulating fan or similar device designed to remove odors from the air. (16) Section 501.2 Is amended to add a third exception to read as follows: Exceptions: 1. {existing exception unchanged} 2. {existing exception unchanged} 3. Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present. (17) Section 504.6 Is amended to add a sentence to read as follows: The size of duct shall not be reduced along its developed length nor at the point of termination. (18) Section 504.6.1'. amended to read as follows: 504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends. When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow. The maximum length of the exhaust duct does not include the transition duct. {Exception is unchanged} (19) Sect/on 506.3.10;s amended to read as follows: 506.3.10 Grease duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling, wall or floor shall be enclosed ...{bulk of paragraph unchanged}... through the use of weather- protected openings. Clearance from the duct to the interior surface of enclosures of combustible construction shall be not less than 18 inches (457 mm). Clearance from the duct to the interior surface of enclosures of noncombustible construction or gypsum wallboard attached to noncombustible structures shall be not less than 3 inches (76 mm) or more than 12 inches (305 mm). The duct enclosure shall serve a single grease exhaust duct system and shall not contain any other ducts, piping, wiring or systems. Delete second exception. (20) Sect/on 607.2.2 is amended to read as follows: 607.2.2 Hazardous exhaust ducts. Hazardous exhaust duct systems shall extend directly to the exterior of the building and shall not extend into or through ducts and plenums. Penetration of structural elements shall conform to this section and the International Building Code except that fire dampers are not required at penetration of fire~resistance-rated assemblies. (21) Section 607.5.1 ;s amended to read as follows: 607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire waifs in accordance with Section 705.11 of the International Building Code shall be protected with approved fire dampers installed in accordance with their listing. Hazardous exhaust ducts shall not penetrate fire walls. 27 S :\Our Documents\Ordinances\06\Building Code Ordinance. doc END SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provision or applications, and to this end the provision of this ordinance are severable. SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed, and all other provisions of the ordinances of the City or Denton, not in conflict with the provision of this ordinance, shall remain in full force and effect. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fmed a sum not to exceed two thousand dollars ($2,000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offence. SECTION 5. This ordinance shall become effective fourteen (14) days form the date of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR AITEST: JENNIFER W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 28 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Fire/Building Inspections ACM: Jon Fortune II SUBJECT Consider adoption of an ordinance amending Article III of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, ("Electrical Code") by repealing the 1999 National Electric Code with certain amendments and providing for the adoption of the 2005 National Electric Code with certain deletions and amendments; providing for a penalty in the amount of $2,000 for violations thereof; and providing for an effective date. BACKGROUND The "International Codes" were introduced to provide a model code with national consistency. The International model codes consist of: International Residential Code; International Building Code; International Mechanical Code; International Fuel Gas Code; International Plumbing Code; International Fire Code. The International Codes are intended to provide regulations that safeguard public health and safety in all communities. The National Electric Code is also considered one of these model codes. Because the codes are designed to be national, local amendments are required to meet the needs of local jurisdictions. The North Texas Regional Council of Governments has participated in the development of local regional amendments. Several of these amendments are found in each of the codes that are proposed for adoption. In an effort to provide consistency, the 2000 International Codes were first adopted by the City of Denton in February of 2002. Prior to the adoption of the 2000 International Codes, the City of Denton, like most other cities in the Metroplex, had adopted the Uniform Codes. The "2003 International Codes" have since been introduced after a lengthy review process through the International Code Council, (ICC). Changes to the International Codes are brought about by new technology and events that have occurred throughout the nation. The majority of the changes are related to health and safety. Staffs from Building Inspections and the Fire Department have performed a comprehensive local review of these changes. City staff met with members of the building community in January and November of 2005. These meetings provided information to the building community about the proposed changes to National Electric Code and especially the proposed local amendments. These meetings also allowed the building community to provide input regarding the changes. In cooperation between the building community and the City of Denton, staff proposed to increase amendments to the Page 1 of2 energy efficiency of new residential and commercial buildings. Following these meetings the building community communicated support for the proposed adoption. PRIOR ACTION/REVIEW The City Council received a report and discussed the National Electric Code on January 17,2006 and gave Staff direction to bring back an ordinance for their consideration. The Construction Advisory and Appeals Board recommended approval of the proposal in July of 2005. The building community reviewed proposals and voiced their support. FISCAL INFORMATION There is no fiscal impact with the adoption of the proposed codes. Prepared by: A . , .:;'Ii; . . ~...._.- ~ :to ~ . -<-~-~~ ' Ross Chadwick Fire Department Attachment: Proposed Ordinance adopting 2005 National Electric Code Page 2 of2 S:\Our Documents\Ordinances\06\Electric Code. doc ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ("ELECTRICAL CODE") BY REPEALING THE 1999 NATIONAL ELECTRICAL CODE WITH CERTAIN AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 2005 NATIONAL ELECTRICAL CODE WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 28-61 of Article III of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: See. 28-61. Adoption of electrical code. The 2005 National Electrical Code as published by the National Fire Protection Association, a copy of which shall be filed with the office of the City Secretary and available for public inspection, is hereby adopted and designated as the electrical code of the city, the same as though that edition of such code were copied at length herein, subject to deletions and amendments enumerated in Section 28-62. SECTION 2. That Section 28-62 of Article III of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows. See. 28-62. Deletions and Amendments The National Electrical Code adopted by Section 28-61 is amended as follows: Amendments to the 2005 National Electrical Code (1) **Section 230.71(A) addan exception. 230.71 Maximum Number of Disconnects. (A) General. The service disconnecting means for each service permitted by 230.2, or for each set of service-entrance conductors permitted by 230.40, Exception Nos. 1, 3, 4, or 5, shall consist of not more than six switches or sets of circuit breakers, mounted in a single enclosure, in a group of separate enclosures, or in or on a switchboard. There shalf be no more than six sets of disconnects per service grouped in anyone location. For the purpose...{text unchanged}...shall not be considered a service disconnecting means. Exception: Multi-occupant Buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. (2) **Section 300.11 add an exception. s:\Our Documents\Ordinances\06\Electric Code. doc 300.11 Securing and Supporting. (A) Secured In Place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely fastened in place. Support wires that do not provide secure support shall not be permitted as the sole support. Support wires and associated fittings that provide secure support and that are installed in addition to the ceiling grid support wires shall be permitted as the sole support. Where independent support wires are used, they shall be secured at both ends. Cables and raceways shall not be supported by ceiling grids. Exception: Ceiling grid suppolt wires may be used for structural suppolts when the associated wiring is located in that area, not more than two raceways or cables suppolted per wire, with a maximum nominal metric designation 16 (trade size WJ. (3) "Section 310.15(8)(6) change to read as follows: 310.15 Ampacltles for Conductors Rated 0-2000 Volts. (B) Tables. (6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(8)(6), shall be...{text unchanged}...provided the requirements of 215.2, 220.61, and 230.42 are met. This Section shall not be used in conjunction with 220.82. (4) **Section SOO.B(A)(1) change to read as follows: SOO.8 Equipment. (A) Approval for Class and Properties. (1) Equipment shall be identified...{text unchanged}...the maximum surface temperatures specified in 503.1. FPN: Luminaries (lighting fixtures) and other heat-producing apparatus... {text unchanged}...see Exception NO.3 to 500.8(8). END SECTION 3. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end provisions of this ordinance are severable. SECTION 4. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton~ not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 5. That any person violating any provision of this ordinance shall, upon conviction, be fmed a stun not to exceed two thousand dollars ($2000.00). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Page 2 of3 S :\Our Documents\Ordinances\06\Electric Code. doc SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2006. EULINE BROCK, MAYOR A ITEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: . EDWIN M. SNYDER, CITY ATTORNEY BY: Page 3 of3 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Fire/Building Inspections ACM: Jon Fortune II SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending Section 28-27 of the Code of Ordinances to provide for the adoption of the 2003 International Energy Code, all published by the International Code Council; providing for amendments thereto; providing for a penalty for violation of a fine not to exceed $500.00; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. BACKGROUND The "International Codes" were introduced to provide a model code with national consistency. The International model codes consist of: International Residential Code; International Building Code; International Mechanical Code; International Fuel Gas Code; International Plumbing Code; International Fire Code and International Energy Conservation Code. The International Codes are intended to provide regulations that safeguard public health and safety in all communities. Because the codes are designed to be national, local amendments are required to meet the needs of local jurisdictions. The North Texas Regional Council of Governments has participated in the development of local regional amendments. Several of these amendments are found in each of the codes that are proposed for adoption. In an effort to provide consistency, the 2000 International Codes were first adopted by the City of Denton in February of 2002. Prior to the adoption of the 2000 International Codes, the City of Denton, like most other cities in the Metroplex, had adopted the Uniform Codes. The "2003 International Codes" have since been introduced after a lengthy review process through the International Code Council, (ICC). Changes to the International Codes are brought about by new technology and events that have occurred throughout the nation. The majority of the changes are related to health and safety. Staffs from Building Inspections and the Fire Department have performed a comprehensive local review of these changes. In addition, Staff has had several meetings with the Committee on the Environment regarding possible code changes to increase energy efficiency in new buildings. Following these meetings the Committee supported the proposed changes. City staff met with members of the building community in January and November of 2005. These meetings provided information to the building community about the proposed changes to International Codes and especially the proposed local amendments. These meetings also allowed Page 1 of2 the building community to provide input regarding the changes. In cooperation between the building community and the City of Denton, staff proposed to increase amendments to the energy efficiency of new residential and commercial buildings. Following these meetings the building community communicated support for the proposed adoption. The purpose of the International Codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. PRIOR ACTION/REVIEW The City Council received a report and discussed the 2003 International Energy Conservation Code on January 17, 2006 and gave Staff direction to bring back an ordinance for their consideration. The Construction Advisory and Appeals Board recommended approval of the proposals in July of 2005. The Energy Code was brought before the Committee on the Environment in August and October of 2005. The Committee on the Environment recommended approval. The building community reviewed proposals and voiced their support. FISCAL INFORMATION There is no fiscal impact with the adoption of the proposed codes. Prepared by: A . I .:;'\ . . ~...._.- ~ :to ~ . -<-~-~~ ' Ross Chadwick Fire Department Attachments: Ordinance adopting the 2003 International Energy Conservation Code Page 2 of2 S:\Our Docurnents\Ordinances\06\Energy Code Ordinance 2003.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28- 27 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE, ALL PUBLISHED BY THE INTERNAIONAL CODE COUNCIL; PROVIDING FOR AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED $500.00; 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 Chapter 28, Section 28-253 of the Code or Ordinances of the City of Denton is hereby added so that said section shall hereafter be and read as follows: Adoption of the energy conservation code. The International Energy Conservation Code, 2003 edition as published by the International Code Council, a copy which shall be filed in the Office of the City Secretary and available for public inspection, is hereby adopted and designated as the energy conservation code for the city, the same as though the edition of such code were copied at length herein subject to the deletions and amendments enumerated in section 28-254. Section 28-28 is hereby amended to read as follows: Amendments to the 2003 International Energy Conservation Code (1) Section 101.4.1; add a second paragraph as follows: Regardless of compliance with other sections of this code, all residential construction must show compliance with this code by submitting a report from a recognized energy code compliance program equal to the Department of Energy RES-check compliance program. Compliance as determined by RES-check shall be a minimum of 10% above the 2003 IECC. (2) Add the following section: 101.4.1.3 Alternative compliance. A building certified by a national, state, or loca! accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. (3) Section 302.1; Replace blank Table 302.1 Exterior Design Conditions with the following: VALUE 17 100 78 2407 2603 5B 1 S:\Our Documents\Ordinances\06\Energy Code Ordinance 2003.doc a. These values are from ASHRAE Handbook of Fundamentals for DaUaslFt. Worth International Airport 99.6% Winter DB, 0.4% Summer DB, and 0.4% Summer WB; and from Local Climatological Data for Dallas-Ft. Worth published by the National Climatic Data Center, National Oceanic and Atmospheric Administration. These values are for the purpose of providing a uniform basis of requirements for North Central Texas. This will not preclude licensed professionals from submitting design analyses based on site measurements or published data more specific to the building site. Adjustments shall be permitted to reflect local climates which differ from the tabulated values, or local weather experience determined by the code official. (4) Add the following section: Section 303 City of Denton Minimum Requirements for Residential Compliance 1. Glazing R-value 1.66 2. Attic Insulation R-value 38 3. Cathedral Ceiling with no attic R-value 19 4. Walllnsulation R-value 13 5. Floor Insulation R-value 19 6. Basement Wall R-value 7 7. Slab Perimeter R-value 0 8. Crawlspace Wall R-value 13 9. SEER Rating SEER -13 10. Pass the RES-check Compliance Report by a minimum of 10% U-factor 0.600 U-factor 0.026 U-factor 0.052 U-factor 0.077 U-factor 0.052 U-factor 0.142 U-factor 0.000 U-factor 0.077 (5) Section 502.1.1; delete exception #2 and substitute the following: 2. Buildings located in Climate Zones 5b. (6) Section 502.1.5; add the following exceptions: Exceptions: 1. Any glazing facing within 45 degrees of true north; 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. 3. Any fenestration with permanently attached screens where the screens have a rated shading coefficient of .6 or less. (7) Section 502.2; Replace blank Table 502.2 Heating & Cooling Criteria with the following: Table 502.28.9 HEATING AND COOLING CRITERIA Element Mode Detached One-Family Detached Two-Famlly Dwellings Dwellings Uo Uo Walls Heating or cooling 0.077 0.077 Roof/ceiling Heating or cooling 0.026 0.026 Floors over unheated Heating or cooling 0.052 0.052 spaces Heated slab on grade Heating R-value = 6 R-value - 6 Unheated slab on Heating R-value = 0 R.value - 0 Qrade Basement wall Heating or cooling U-factor = 0.142 U-factor = 0.142 Crawl space wall Heating or cooling U-factor = 0.077 U-factor = 0.077 **De/ete Note -a- and replace with the following: a. The above values have been determined for the City of Denton. 2 S:\Our Documents\Ordinances\06\Energy Code Ordinance 2003.doc tiAdd Note "g": g. These requirements apply only to the boundaries of conditioned space. Air conditioning equipment and ductwork is recommended, but not required, to be located within the conditioned space in North Central Texas zones. -Delete Figures 502.2(1-6} (8) Section 502.2; Add note to Fig 502.2(7): All counties within the North Central Texas Council of Governments region are designated as within the area of very heavy termite infestation probability for purpose of uniform interpretation of this requirement. (9) Section 502.2.2; add a second paragraph as follows: A building demonstrating envelope compliance at least 10% better than code may utilize R6 duct insulation in both supply and return air ducts in lieu of the insulation required by Table 503.3.3.3. (10) Section S02.2.4; Delete prescriptive Tables 502.2.4(1-9) and substitute the following: -Replace Tables 502.2.4 (1-6) with: Table 502.2A(1) Prescriptive Building Envelope RequIrements, Detached One-Family Dwellings, Based on Window Area as a Percent of Gross Exterior Wall Area 1:.:% Maximum Minimum IGI8:ZJng .. Glazing Ceiling Cathedral Exterior Floor Basement Slab Crawl ~ - U-factor R-value Ceiling wall R-value wall perimeter space ... with no R-value R-value R-value wall .' attic and de R-value 0.60 R-38 R-19 R-13 R-19 R-7 R-O R-13 i<, 0.60 R-38 R-19 R-13 R-19 R-7 R-O R-13 :~~5% 0.60 R-38 R-19 R-13 R-19 R-7 R-O R-13 ..' f<1.8%" 0.52 R-38 R-19 R-13 R-19 R-7 R-O R-13 f<20% 0.50 R-38 R-19 R-13 R-19 R-7 R-O R-13 k25%. 0.46 R-38 R-19 R-16 R-19 R-7 R-O R-13 . See Section 101.4.1 . All HVAC Equipment Must Meet a Minimum of SEER 13 (11) Replace Tables 502.2.4 (7-9) with: Table 502.2.4(2) Prescriptive Building Envelope Requirements, Detached Two-Famlly Dwellings, Based on Window Area as a Percent of Gross Exterior Wall Area Maximum Minimum Glazing Ceiling Cathedral exterior Floor Basement Slab Crawl U-factor R-vafue Ceiling wall R-value wall perimeter space with no R-value R-value R-value wall attic and de R-value 0.55 R-38 R-19 R-13 R-19 R-7 R-O R-13 0.55 R-38 R-19 R-13 R-19 R-7 R-O R-13 0.47 R-38 R-19 R-13 R-19 R-7 R-O R-13 . See Section 101.4.1 . All HVAC Equipment Must Meet a Minimum of SEER 13 3 S:\Our Documents\Ordinances\06\Energy Code Ordinance 2003.doc (12) Table 503.3.3.1 MINIMUM PIPE INSULA TION. Amend footnote "a" to read as follows: a. For piping lengths in excess of five (5) feet exposed to outdoor air, increase the insulation thickness by 0.5 inch. (13) Table 503.3.3.3; add footnote "e" as follows: e. See Section 502.2.2 (14) Section 503.3.3.4.3; change fltst sentence to read as follows: 503.3.3.4.3 Sealing required. All joints, longitudinal and transverse seams, and connections in ductwork, shall be made substantially airtight by means of welds, gaskets, mastics (adhesives), mastic-plus-embedded-fabric systems or tapes or other approved closure systems. {Remainder to remain unchanged} (15) Section 602.1.6; delete last sentence of exception. (16) Section 602.2 Maximum solar heat gain coefficient for fenestration products. Add the following exceptions: Exceptions: 1. Any glazing facing within 45 degrees of true north; 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.3 or greater. 3. Any fenestration with attached screens where the screens have a rated shading coefficient of .6 or less. (17) Section 802.2; Replace blank tables 802.2 (1-4) with the completed tables provided on the following four pages. Delete tables 802.2 (5-37). 4 S:\Our Documents\Ordinances\06\Energy Code Ordinance 2003.doc TABLE 802.2(1} BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA 10 PERCENT OR LESS OF ABOVE-GRADE WALL AREA ELEMENT CONDITlONNALUE Skylights (U-factor) 1 Slab or below-grade wall (R-value) R-O Windows and glass doors SHGC U-factor PF < 0.25 Any Any 0.25 < PF < 0.50 Anv Any PF > 0.50 Any Any Roof assemblies (R-value) Insulation between Continuous insulation framing All-wood joist/truss R-19 R-16 Metal joist/truss R-25 R-17 Concrete slab or deck NA R-16 Metal purlin with thermal block R-25 R-17 Metal purlin without thermal block X R-17 Floors over outdoor air or Insulation between Continuous insulation unconditioned space (R-value) framing All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 Above-grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-Q R-O eMU, > 8 in., with integral insulation R-value cavity NA R-O R-O R-value continuous R-O R-O R-O Other masonry walls R-value cavity NA R-O R-O R-value continuous R-Q R-O R-O 5 S:\Our Documents\Ordinances\06\Energy Code Ordinance 2003.doc TABLE 802.2(2) BUilDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 10 PERCENT BUT NOT GREATER THAN 25 PERCENT OF ABOVE-GRADE WAll AREA ELEMENT CONDITIONNAlUE S~lights (U-factor) 1 Slab or below.grade wall (R-value) R-O Windows and glass doors SHGC U-factor PF < 0.25 0.6 Any 0.25 < PF < 0.50 0.7 Any PF > 0.50 Any Any Roof assemblies (R-value) Insulation between Continuous Insulation framing All-wood joist/truss R-25 R-19 Metal joist/truss R-25 R-20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purlin without thermal block X R-20 Floors over outdoor air or Insulation between Continuous insulation unconditioned space (R-value) framing All-wood joist/truss R-11 R-6 Metal joist/truss R-11 R-6 Concrete slab or deck NA R-6 Above-grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-O R-O CMU, > 8 in., with integral insulation R-value cavity NA R-11 R-11 R-value continuous R-5 R-O R-O Other masonry walls R-value cavity NA R-11 R-11 R-value continuous R-5 R-O R-O 6 S:\Our Documents\Ordinances\06\Energy Code Ordinance 200J.doc TABLE 802.2(3) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 25 PERCENT BUT NOT GREATER THAN 40 PERCENT OF ABOVE--GRADE WALL AREA ELEMENT CONDITIONNALUE Skylights (U-factor) 1 Slab or below.grade wall (R-value) R-O Windows and glass doors SHGC U-factor PF < 0.25 0.4 0.7 0.25 < PF < 0.50 0.5 0.7 PF > 0.50 0.6 0.7 Roof assemblies (R-value) Insulation between Continuous insulation framing All-wood joisVtruss R-25 R-19 Metar joisVtruss R-25 R.20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purlin without thermal block X R-20 Floors over outdoor air or Insulation between Continuous Insulation unconditioned space (R-value) framing All-wood joist/truss R-11 R-6 Metal joisVtruss R-11 R-6 Concrete slab or deck NA R-6 Above-grade walls (R-value) No framing Metal framing Wood framing Framed R-value cavity NA R-11 R-11 R-value continuous NA R-O R-O eMU, > 8 in., with integral insulation R-value cavity NA R-11 R-11 R-value continuous R-5 R-O R-O Other masonrv walls R-vaJue cavity NA R-11 R-11 R-value continuous R-5 R-O R-O 7 S:\Our Documents\Ordinances\06\Energy Code Ordinance 2003.doc TABLE 802.2(4) BUILDING ENVELOPE REQUIREMENTS WINDOW AND GLAZED DOOR AREA OVER 40 PERCENT BUT NOT GREATER THAN 50 PERCENT OF ABOVE..GRADE WALL AREA ELEMENT CONDITIONNALUE SkYlights (U-factor) 1 Slab or below-arade wall (R-value) R-O Windows and glass doors SHGC U-factor PF < 0.25 0.4 0.7 0.25 < PF < 0.50 0.5 0.7 PF> 0.50 0.6 0.7 Roof assemblies (R-value) Insulation between Continuous insulation framing All-wood joisVtruss R-25 R-19 Metal joisVtruss R-25 R-20 Concrete slab or deck NA R-19 Metal purlin with thermal block R-30 R-20 Metal purfin without thermal block R-38 R-20 Floors over outdoor air or Insulation between Continuous insulation unconditioned space (R-value) framina All-wood joisVtruss R-11 R-6 Metal joisVtruss R-11 R-6 Concrete slab or deck NA R-6 Above-arade walls (R-value) No framinG Metal framinG Wood framina Framed R-value cavity NA R-13 R-11 R-value continuous NA R-3 R-O CMU, > 8 in., with intearal insulation R-value cavity NA,NA R-11 R-11 R-vafue continuous R-5 R-O R-O Other masonry walls R-value cavity NA R-11 R-11 R-value continuous R-5 R-O R-O (18) Add footnote lit" to SHGC column heading in Tables 802.2 (2), 802.2 (3) and 802.2 (4) to read as follows: f. Minimum SHGC requirements do not apply to glazing as follows: 1. Any glazing facing within 45 degrees of true north. 2. Any glazing facing within 45 degrees of true south which is shaded along its full width by a permanent overhang with a projection factor of 0.30 or greater. 3. Any glazing with permanent attached screens where the screens have a rated shading coefficient of 0.60 or less. (19) Sect/on 805.2.1 Interior Ughting Controls; add a third sentence to read: Large spaces shall have a separate switch or control for each 2500 square feet of floor area. (20) Delete Figures 902.1 (1-43, 45-51). (21) Chapter 10; Replace referenced standard as follows: ASHRAE 90.1-2001 Energy Standard for Buildings Except Low-RIse Residential Buildings 8 S:\Our Documents\Ordinances\06\Energy Code Ordinance 2003 .doc ASHRAElIES - 99 Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings -1999 Edition Chapter 10 - Referenced Standards: Under the heading ASHRAE and IESNA, change the Standard Reference Number from 90.1-2001 to 90.1-1999. END SECTION 2. That if any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provision or applications, and to this end the provision of this ordinance are severable. SECTION 3. That all provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed, and all other provisions of the ordinances of the City or Denton, not in conflict with the provision of this ordinance, shall remain in full force and effect. SECTION 4. That any person violating any provision of this ordinance shall, upon conviction, be fIned a sum not to exceed two thousand dollars ($2,000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offence. SECTION 5. That this ordinance shall become effective fourteen (14) days form the date of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 9 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Consider adoption of an ordinance approving an interlocal cooperation agreement between the City of Denton, Texas and the County of Denton, Texas for the rental of voting machines and equipment and the purchase of voting supplies. BACKGROUND The City of Denton has contracted with Denton County for a number of years to rent voting equipment, purchase supplies and tabulate results. Section 61.012 of the Texas Election Code states that after January 1, 2006 each polling place must provide at least one voting station that complies with the federal Help American Vote Act provision to allow voters with physical disabilities to cast a secret ballot. In addition to the usual optical scan voting machine which a majority of the voters will use, each polling location will have a direct record electronic voting machine that will comply with the HA V A requirement. Respectfully submitted: Jennifer Walters City Secretary S;\Our Docmnems\Ordinlm~DD Cowuy Voting Equip Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE COUNTY OF DENTON, TEXAS FOR RENTAL OF VOTING MACHINES AND EQUIPMENT, AND THE PURCHASE OF SUPPLIES FOR THE MAY 13,2006 ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, herein referred to as City, and the County of Denton, Texas, herein referred to as County, are both local governments with the authority and power to contract; and WHEREAS, the County is agreeable to renting the election equipment and selling election supplies to the City for the May 13, 2006 Election; and WHEREAS, the County of Denton and the City of Denton mutually desire to be subject to the provisions of the Interlocal Cooperation Act, V.T.C.A., Governmental Code Section 791.002 and contract pursuant thereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Mayor, or in her absence the Mayor Pro Tern, is hereby authorized to execute an agreement between the City of Denton and the County of Denton providing for the rental of election equipment and purchase of supplies, a copy of such agreement being attached hereto and incorporated by reference herein. SECTION 2. The City Manager or his designee is hereby authorized to make the expenditures and take the actions set forth in the attached agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 1 S:\OUT Docllll1C!1ts\Ordinances\06\Demon County Voting Equip Ontdoc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 .- &IIl"~'~~~~JM~ I . . . . . . I Ii .Ii C-: . ~ . I ~ .. . I I . ):. - * . . . . . .. . . . . . . . . . . . . .. . . I I. . . . . . . ... . .. - .. I . " I . I ~~ ~ I ~ . . I ~, -... . . . . .- ~ =- ==- ~ II . . . . -.J . . r . I . I AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 13, 2006, and, if a runoff election is required, on June 17, 2006, for the purpose of electing Council 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 and appointing election officials, providing for bilingual notice of the election, ordering that an electronic voting system be used, making additional provisions for the conduct thereof, providing an open meetings clause, and providing for an effective date. BACKGROUND Approval of this ordinance would formally call the May 13, 2006 City Council election. The ordinance contains all of the provisions necessary to fulfill the requirements of the Texas Election Code, including election judges and alternate election judges. Respectfully submitted: Jennifer Walters City Secretary ~ .-: , S:\Our Documents\Ordinances\06\Election Ordinance. doc ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN TIlE CITY OF DENTON, TEXAS, ON MAY 13, 2006, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 17, 2006, 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. A municipal election is ordered to be held in the City of Denton, Texas, on Saturday, May 13, 2006, such date being a uniform election date as defined in Tex. Elec. Code 941.001, as amended (the "Code"), for the purpose of electing Councilmembers for Places 5 and 6 and electing a Mayor to Place 7. fu the event a runoff is required, the runoff election shall be held on Saturday, June 17,2006. SECTION 2. The polling places, which shall be open from 7:00 a.m. to 7:00 p.m, shall be as follows: L Voters residing in District No. I shall vote at: MARTIN LUTHER KING, JR. RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2. Voters residing in District No.2 shall vote at: NORTH BRANCH LIBRARY 3020 NORTH LOCUST DENTON, TEXAS 3. Voters residing in District No.3 shall vote at: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4. Voters residing in District No.4 shall vote at: DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS S:\Our Documents\Ordinances\06\Election Ordinance. doc SECTION 3. The election officials for the election and the runoff, if any, shall be as follows: 1. For the Central Counting Station: Connie Bell, Presiding Judge; Don Alexander, Manager; and Randie Geistman, Tabulation Supervisor. 2. For District No.1: Ruby Cole, Presiding Judge and Betty Kimble, Alternate Judge. 3. For District No.2: Doris Chipman, Presiding Judge and Mary Jo Pickens, Alternate Judge. 4. For District No.3: Meri Baskin, Presiding Judge and Dorothy Alderdice, Alternate Judge. 5. For District No.4: Stanley Sawyer, Presiding Judge and Shirley Sawyer, Alternate Judge. 6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. 7. Connie Bell shall be Presiding Judge for the Early Ballot Board. The presiding judge of the Central Counting Station and of each district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by State law. SECTION 4. Early voting shall be conducted for the election, and the runoff election if necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open between the hours of8:00 a.m. and 5:00 p.m. Monday through Friday, May 1, 2006 through May 5, 2006 and between the hours of 7:00 a.m. and 7:00 p.m., May 8 and 9, 2006. In addition, early voting shall be held on Saturday, May 6,2006, between the hours of 10:00 a.m. and 2:00 p.m., at the same location as weekday early voting. SECTION 5. The Mayor is hereby directed to provide notice of the election, and the runoff election if necessary, in accordance with Sections 4.002 and 4.003 of Texas Election Code and as required by other applicable provisions of the law, the notice to be printed in the Spanish language and the English language. SECTION 6. An electronic voting system using optically scanned ballots, meeting the requirements of Chapter 124 of the Code, shall be used for said election. Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Code. In addition, each polling location will be equipped with a voting station that complies with Section 61.012 of the Code. SECTION 7. The City Secretary is authorized to prepare the official ballot for the election and perform every act required by the City Charter and laws of the State of Texas for holding elections. Page 2 .. S:\Our Documents\Ordinances\06\Election Ordinance.doc SECTION 8. The election officers named above shall make returns for the election in the manner required by law. The ballots that are properly marked in conformance with the provisions of the Texas Election Code for votes cast both during the period of early voting and on the date of the election shall be counted in the manner required by law. SECTION 9. The manner of holding such election and all questions pertaining thereto shall be governed by the election laws of the State of Texas. SECTION 10. Substantial copies of the Notice of Election in both English and Spanish shall serve as proper notice of the election and said notice shall be: (a) published at least once in a newspaper of general circulation published within the City, not less than the thirtieth day or later than the tenth day before the election; (b) posted, not later than the twenty-first day before the election day, at a public place in each election district that is in the jurisdiction of the city; (c) posted, not later than the twenty-first day before election day a copy of the notice, which must include 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 applicable law. SECTION 11. The City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with provisions ofthe Texas open meetings law, Tex. Gov't Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION 12. This ordinance shall become effective immediately upon its passage and approval. PRESENTED, PASSED AND APPROVED on the day of 2006, 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 City of Denton, Texas. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. SNYDER, CITY ATTORNEY /J 9Md-11! Page 3 BY: AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Tax ACM: Jon Fortune II SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason Tax Year Amount 2. Justin Industries DCAD Supplemental Change court 2005 $ 9,063.64 4. Matthew Lawler 2004 6. 2005 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. FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $32,863.74. Respectfully submitted: &' . 1.\ ~ . , . ~.~: - Diana G. Ortiz Chief Financial Officer CITY OF DENTON CITY COUNCIL January 3, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 3, 2006 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: Mayor Pro Tem McNeill 1. The Council received a report, held a discussion, and gave staff direction regarding construction of a new Denton Municipal Electric Administration and Engineering facility in an amount not to exceed $450,000. Jim Coulter, Director of Water and Wastewater, presented the details of the proposal. An Administration and Engineering Facility would be built to consolidate the Engineering Group for Water, Wastewater, Streets, and Drainage Operations. Combining the Engineering divisions with operations staff would increase overall departmental efficiency. The proposed facility would be located adjacent to the Spencer Operations Center. The Public Utilities Board had recommended approval. Council discussion included: . The Spencer Operations Center was owned by DME but was not located in the city limits - Coulter replied that the proposed facility would meet city standards like any other commercial building. Sharon Mays indicated that the property would be annexed into the city and would meet city standards. . The cost per square footage seemed very low - Mays replied that current city employees would do some of the work such as electrical and painting. . Would there be green components to the building - Mays replied correct, that the building would be energy efficient. Consensus of Council was to proceed as proposed. 2. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for January 3, 2006. Consensus of the Council was to pull Item A from consideration in order to hold a work session discussion on the City's organizational chart characteristics. Following the completion of the Work Session, the City Council convened in a Closed Meeting to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, City of Denton City Council Minutes January 3, 2006 Page 2 under annexation case no. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. Regular Meeting of the City of Denton City Council on Tuesday, January 3, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMA TIONS/PRESENTA TIONS A. Proclamations/Awards Mayor Brock presented a proclamation for Immaculate Conception Catholic School Day. 3. CONSENT AGENDA Mayor Brock indicated that Item A had been pulled from consideration. Heggins motioned, Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. THIS ITEM WAS NOT CONSIDERED - a resolution revising Administrative policy 403.07 "Debt Service Management" and providing for an effective date. B. 2006-001 - An ordinance approving an Extension of Personal and Professional Services Consulting Contract between the City of Denton and Herbert L. Prouty, LLP; authorizing the expenditure of funds; and providing an effective date. C. 2006-002 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of aquatic chemicals for the Parks Department; providing for the expenditure of funds therefor; and providing an effective date (Bid 3425 - Annual Contract for Purchase of Aquatic Chemicals awarded to the lowest responsive bidder for each item in the annual estimated amount of $70,000). D. 2006-003 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Southwest Booster Pump Station facility for City of Denton City Council Minutes January 3, 2006 Page 3 the City of Denton Water/Wastewater Utilities Division; providing for the expenditure of funds therefor; and providing an effective date (Bid 3410 - Southwest Pump Station and Ground Storage Tank awarded to Red River Construction Co. in the amount of $4,703,000). The Public Utilities Board recommended approval (7-0). E. 2006-004 - An ordinance accepting competitive bids and awarding a public works contract for the construction of the Unicorn Lake-Denton State School brick screening wall; providing for the expenditure of funds therefor; and providing an effective date (Bid 3422 - Unicorn Lake-Denton State School Brick Screening Wall Improvement Project awarded to Calvert Paving Corp. in the amount of $98,000). F. Approved the minutes of: December 5, 2005 December 6, 2005 December 13, 2005 G. 2006-005 - An ordinance of the City of Denton, Texas providing for the amendment and correction of the Schedule of Miscellaneous Fees, Deposits, Billings and Procedures for Administrative Services to City Customers and Taxpayers contained in Ordinance No. 2005-254 regarding delinquent service charges only; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommended approval (7-0). H. 2006-006 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement for Architectural or Engineering Services by and between the City of Denton, Texas and Birkhoff, Hendricks & Conway, L.L.P. for engineering services associated with the repainting and rehabilitation of the high school elevated storage tank in the amount of $99,610; providing for the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (7 -0). I. 2006-007 - An ordinance of the City Council of the City of Denton, Texas amending Chapter 2, Article IV, Division 2 "City Owned Real Property" of the Code of Ordinances of the City of Denton, Texas; providing a severability clause; and providing an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance regarding the rezoning of approximately 0.713 acres from a Neighborhood Residential Mixed Use (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district. The subject property was located at the northwest corner of Westway and Anna intersection. The Planning and Zoning Commission recommended approval (6-1). (Z05-0027, Point Bank) City of Denton City Council Minutes January 3, 2006 Page 4 Kelly Carpenter, Director of Planning and Development, stated that Point Bank was proposing to remodel the two lots they purchased and rezone them to a Neighborhood Residential Mixed use with an overlay district. The overlay would limit the uses to professional offices and services. A proposed site plan had been submitted but was not to be considered at this meeting. Council discussed the reasoning for the change in zoning and the loss of part of the landscaping requirements. Carpenter replied that the change in zoning would allow an increase in lot coverage from 60% to 80%. The Mayor opened the public hearing. David Fuller, Point Bank, spoke in favor of the proposal. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-008 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 2.63 ACRES, GENERALLY LOCATED 150 FEET EAST OF CARROLL BLVD. AND NORTHWEST OF THE INTERSECTION OF WESTW A Y STREET AND ANNA STREET LEGALLY DESCRIBED AS LOTS 4, 5, 6, & 7 IN THE T. N. SKILES SUBDIVISION, IN THE CITY OF DENTON, DENTON COUNTY TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05- 0027). Mulroy motioned, Thomson seconded to adopt the ordinance with the overlay district restricting uses to professional services and office uses only as proposed by the Planning and Zoning Commission with the additional conditions of a height restriction of 25 feet, maximum lot coverage of 75% and the floor area of the building footprint not to exceed 2,600 feet. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an Alternative Development Plan for a proposed laundry on approximately 0.40 acres. The subject property was generally located at the northeast corner of McKinney Street and Wood Street intersection and in a Neighborhood Residential Mixed Use (NRMU) zoning district. The Planning and Zoning Commission recommended approval (7-0). (ADP04-0007, Klement Laundry) Kelly Carpenter, Director of Planning and Development, stated that the Council had already approved three variances and one rezoning of a portion of the property. The applicant was proposing to deviate from the site design standards concerning parking areas located in front of City of Denton City Council Minutes January 3, 2006 Page 5 the building. Proposed mitigation included supplying additional landscaped area and supplying additional tree canopy. A three-foot high decorative wrought iron fence would be built for right- of-way screening. The additional landscape area and tree canopy would meet the intent of the regulations of the Development Code by supplying a streetscape along McKinney Street. The Mayor opened the public hearing. Larry Reichhart, representing the petitioner, spoke in favor The Mayor closed the public hearing The following ordinance was considered: NO. 2006-009 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APPROXIMATELY 0.40 ACRES OF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND WOOD STREET INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THE PURPOSE OF ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP04-0007) Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance rezoning approximately 20 acres of land, from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed-Use (NRMU) zoning district with an overlay district and located approximately 2600 feet south of Brush Creek Road and east of Fort Worth Drive. The Planning and Zoning Commission recommended approval (7-0). (Z05-0029, Argyle United Methodist Church) Kelly Carpenter, Director of Planning and Development, stated that the request was to rezone approximately 20 acres from NR-2 to NRMU zoning district with an overlay district with a restriction for a church use only. The applicant proposed at least 60% lot coverage and 65 foot structure height. NRMU zoning would allow 80% lot coverage and structure up to 65 feet high. The overlay district was included as NRMU allowed for some commercial uses and the overlay would restrict the use to a church only. The Mayor opened the public hearing. Kelly Gomez, KRG Civil Engineering, spoke in favor of the proposal. The Mayor closed the public hearing. City of Denton City Council Minutes January 3, 2006 Page 6 The following ordinance was considered: NO. 2006-010 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT ONLY ALLOWING CHURCH FACILITIES FOR APPROXIMATELY 20 ACRES OF LAND LOCATED APPROXIMATELY 2600 FEET SOUTH OF BRUSH CREEK ROAD TO THE EAST OF FORT WORTH DRIVE AND LEGALLY DESCRIBED AS TRACTS 3,4,5, 2A, 3A, 4A, 5A, 5B, 6 AND PORTION OF TRACT 1 OF THE WM. HUDSON SURVEY AND A PORTION OF TRACT 2C OF THE HAGOOD SURVEY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS ; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0029) Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending portions of Section 35.13.7 of the Denton Development Code, defining professionals qualified to submit tree inventories; providing for a penalty clause with a maximum amount of $2,000.00 for violations thereof; and providing an effective date. The Planning and Zoning Commission recommended approval (7-0). The City Council Tree Subcommittee recommended approval. (DCA 05-000 7, Tree Preservation Ordinance 35.13.7) Kelly Carpenter, Director of Planning and Development, stated the Code currently allowed certain professionals to submit tree inventories for the purpose of the tree preservation ordinance. The amendment proposed to add registered land surveyors to the list of qualified professionals qualified to submit tree inventories as 8 hours of additional training had been added the requirements for certification of land surveyors. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SECTION 35.13.7. OF THE DENTON DEVELOPMENT CODE, DEFINING City of Denton City Council Minutes January 3, 2006 Page 7 PROFESSIONALS QUALIFIED TO SUBMIT TREE INVENTORIES; PROVIDING FOR A PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05- 0007) Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance authorizing the Mayor to approve a first amendment to that certain Economic Development Program Grant Agreement with Teasley Partners, Ltd. to extend the dates of substantial completion of the improvements covered by the grant agreement from December 31, 2005 to December 31, 2006; and providing an effective date. The Economic Development Partnership Board recommended approval (4-0). Linda Ratliff, Director of Economic Development, stated that Teasley Partners had a Chapter 380 agreement with the City. Due to delays with construction of the Holiday Inn and the withdrawal of the theatre project, additional time was required to complete the improvements in accordance with the Base Agreement. A twelve month extension was proposed in order to complete the project. The following ordinance was considered: NO. 2006-012 AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE A FIRST AMENDMENT TO THAT CERTAIN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH TEASLEY PARTNERS, LTD. TO EXTEND THE DATES OF SUBSTANTIAL COMPLETION OF THE IMPROVEMENTS COVERED BY THE GRANT AGREEMENT FROM DECEMBER 31,2005 TO DECEMBER 31, 2006; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas providing for the City's adoption of the Clean Fleet Vehicle Model Ordinance proposed by the Regional Transportation Council which is the Regional Transportation Policy body associated with the North Central Texas Council of Governments; providing for an effective date. The Environmental Committee and the Mobility Committee recommended approval. Mark Nelson, Chief Transportation Officer, stated that the Regional Transportation Council's strategy was to recommend and encourage local governmental entities to adopt a clean fleet vehicle model ordinance. It was the RTC's recommendation that all future vehicle funds for City of Denton City Council Minutes January 3, 2006 Page 8 government entities would be reserved for only those entities that adopted and complied with the model ordinance. The Council's Committee on the Environment had recommended approval of the ordinance as well as the Council's Mobility Committee. The following ordinance was considered: NO. 2006-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE CITY'S ADOPTION OF THE CLEAN FLEET VEHICLE MODEL ORDINANCE PROPOSED BY THE REGIONAL TRANSPORTATION COUNCIL WHICH IS THE REGIONAL TRANSPORTATION POLICY BODY ASSOCIATED WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; PROVIDING FOR AN EFFECTIVE DATE. Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. B. Gerald DeMarsh regarding the Police Department. Mr. DeMarsh stated that he had a damage suit against the City of Denton involving the Municipal Judge. The Municipal Judge did not allow him to represent himself in a court of law. He had a lawsuit in the U.S. Supreme Court stemming from a ticket he received from not wearing a seat belt. C. Carolyn Phillips regarding community development and elderly black homeowners. Ms. Phillips was not present at the meeting. D. New Business The following items of New Business were suggested for future agendas: 1. Mayor Brock requested a written report regarding cities that impounded autos with no insurance. 2. Council Member Montgomery requested information on water conservation during the drought. City of Denton City Council Minutes January 3, 2006 Page 9 3. Council Member Heggins requested information on a smoking ban in public eating places. 4. Mayor Brock suggested some type of information be sent out regarding the danger of throwing cigarette butts from cars. E. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. F. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. G. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:36 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 10,2006 After determining that a quorum was present, the City Council convened in a 2nd Tuesday Session on Tuesday, January 10, 2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a briefing, held a discussion and gave staff direction on the status of multiple family development and Single-Family/Multi-Family ratios in general. Kelly Carpenter, Director of Planning and Development, presented discussion points for the Council to consider: . Aggressive code enforcement . Rental housing inspection . Aggressive substandard housing removal (well beyond what was currently funded by CDBG) . Open space dedication requirement . Trail dedication requirement . Road impact fee . Minimum lot size requirement . Market analysis requirement for housing proposals . Support and lobby for fair share distribution of subsidized housing throughout the county . Amend the mixed use zoning outside of downtown/university and planned communities . Restrict low-income housing tax credit projects to the rehabilitation of existing older (10 years+) rental housing or demolition and reconstruction of older rental housing similar to Renaissance Courts-DHA Carpenter reviewed the number of multi-family dwellings. A goal of the Denton Plan was to accommodate 27,000 single-family homes and 18,000 multi-family units by the year 2020 to bring the ratio of single to multi -family housing from 51:49 in 1998 to 58:42 in 2020. However, already in 2006 there were over 17,000 multi-family housing units. Council discussion- . The ratio of single family to multi-family units needed to be reviewed and not considered set figures. . It was now known where students reside in the City and it was different than first thought. . The 60-40% ratio was incorrect-it was too much multi-family. . The ratio needed to be changed in the Comprehensive Plan, which would correct the Development Plan. . Consider a ratio that would stop the growth of multi-family. City of Denton City Council Minutes January 10,2006 Page 2 . There needed to be some discretion in the multi-family growth as a first come/first serve basis might not allow some projects needed, especially in downtown area. . Consider allowing some increases in multi-family but do in sectors of the city. . Consider a SUP process for multi-family developments. . There were changes in the state statutes that affected multi-family development - restrictions on changing the code at this time. . If the Comprehensive Plan were changed, use the SUP process as a measuring stick for multi-family development. . Support would be needed from the School District, the existing multi-family community, and neighborhood groups for this type of restriction. . There needed some amount of flexibility to allow certain projects in certain areas. . The age of the current multi-family buildings was surprising. . Multi-family housing was not needed for students-many students were not living on campus and did not need multi-family housing. . A 70-30 ratio on a 1.8 density would allow an increase of 4,000-5,000 multi-family units. . Consider changing the Comprehensive Plan ratio and combine it with criteria standards for multi-family development. . Build a model with the ratio and preferred locations for multi-family development such as downtown and transit areas. . Multi-family development was driving the educational level of the city. Ray Braswell, Superintendent of Schools, stated that this was long standing issue and one that both the City and DISD needed to address. Rick Woolfolk, DISD Board Member, stated that there was also a need to consider multi-family developments for senior citizens with no students to impact the school district. 2. The Council received a briefing, held a discussion and gave staff direction on a process and review criteria for multi-family tax credit projects. Kelly Carpenter, Director of Planning and Development, presented information on a process and criteria for review of multi-family tax credit projects. The proposed process would include an implementation plan, change in definition, approval process, information be to submitted and a review of criteria and standards. The change in definition would include the statement that these projects shall include a demolition, replacement and/or rehabilitation component. New construction without commensurate demolition would not be allowed. The number of units to be demolished, number of replacement units to be constructed, and the number of units to be rehabilitated would be included in the application. In reviewing the criteria and standards, the applicants would have to demonstrate compliance with the applicable sub chapters of the Denton Development Code, must identify the site design features proposed to enhance the project over and above the minimum requirements in the Denton Development Code by list and by drawing and the application must meet the intent of the Denton Plan. Consensus of the Council was to have staff prepare a hard copy of the information and look at how the criteria went along with that information and possible trade-offs. City of Denton City Council Minutes January 10,2006 Page 3 3. The Council received a report, held a discussion and gave staff direction regarding the applicability of Chapter 176 of the Local Government Code to various public officials and City vendors. Herb Prouty, Consulting Attorney, stated that the last session of the Texas Legislature passed H.B. 914, which had been codified as Chapter 176 of the Local Government Code. Chapter 176 was applicable to certain local governmental officials, city contractors and vendors. He reviewed the details of the legislation that required the disclosure of conflict of interest questionnaires and conflict disclosure statements. Council discussion- . The Conflict of Interest Statement was filed with the City Secretary. Those statements would have to be posted on the City's website for public access. The City Secretary would also maintain a list of all public officials subject to the Act. . The provision for disclosure of contributions to campaign funds did not apply to Denton as the County had not met the population requirements. . Failure to disclose resulted in a Class C misdemeanor. The forms must be signed under penalty of perj ury. Following the completion of the 2nd Tuesday Session, the City Council convened in a Closed Meeting at 5:40 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Received legal advice from the City Attorney or his staff concerning legal issues and the legal interpretation of Chapter 176 of the Local Government Code and how it applies to certain City officials and City vendors and contractors where to discuss such matters in public would violate the City Attorney's responsibilities under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State City of Denton City Council Minutes January 10,2006 Page 4 Bar of Texas or would jeopardize the City's legal position III any administrative proceedings or potential litigation. B. Personnel Matters - Under Section 551.074 of the Texas Government Code. 1. Deliberated the evaluation and duties of the Interim City Manager. The Council returned to Open Session at 7:09 p.m. and adjourned with no further business to consider. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES January 17, 2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, January 17,2006 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Brock; Mayor Pro Tem McNeill; Council Members Heggins, Kamp, Montgomery, Mulroy, and Thomson. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction on amending the Development Review Fee schedule. Kelly Carpenter, Director of Planning and Development, presented information regarding a series of amendments to the fee schedule for development review. The changes included: . A flat notification fee when applicants applied - currently the fee for legal ads, postage and posting of signs was paid after the fact. At times, those fees did not get paid. The average cost of these fees was $220, which will be the recommended flat fee. . Completeness review - a $50 fee would be charged for each new submittal. This fee would be charged only if the application were incomplete. A complete application would not be charged. . Engineering plat review for one and two lot residential subdivision would be charged $500 as opposed to full rate. . With planning submittals, the cost of reviewing a resubmittal was included in the initial fee. For second and subsequent resubmittals there would be an additional fee of $500 per submittal. . Development plat, replat, vacating plat, minor plat, conveyance plat and amending plats would be charged $250 for initial and one resubmittal engineering and planning review. For the second resubmittal, there would be an additional fee of $250 per resubmittal. . All fees must be paid by close of business on the Thursday preceding the Planning and Zoning Commission meeting at which the item would be considered; by 10:00 a.m. on the Wednesday preceding the City Council meeting at which the item will be considered or by the close of business on the Monday one week before the Zoning Board of Adjustment meeting at which the item would be considered. The exception would be the fee for engineering inspection, which would be paid in full prior to the recordation of the plat. Council discussion included: . Items not paid would be pulled prior to Planning and Zoning or Council. . These suggestions were coordinated with the development community. . What happened to the fees - Carpenter indicated that the fees went into the general fund. . Track what the Planning Department collected from these fees in order to evaluate the relevance of the fees. Consensus of the Council was to proceed as proposed. City of Denton City Council Minutes January 17, 2006 Page 2 2. The Council received a briefing, held a discussion and gave staff direction regarding Subchapter 13, Site Design Standards of the Development Code related to tree preservation requirements associated with gas well development, gas pipeline installation, and fiber optic line installation. (DCA05-0010) Kelly Carpenter, Director of Planning and Development, stated that this was a response to an equity issue. The Council Committee on the Environment was concerned with the fairness of allowing the gas line developers to not have to pursue any tree mitigation leaving the surface rights owners to be responsible for all the tree mitigation at a later time. The amendment would require 25% mitigation using exclusively the tree fund for every tree removed from the pad site, transmission and/or fiber optic line easement. The Tree Committee, Council Committee on the Environment, and the Planning and Zoning Commission recommended this proposal. Council discussion- . Why were public utilities not included in the ordinance - Carpenter replied that the intention was to not apply the regulations to cross county transmission lines. . The current ordinance exempted public utilities so this amendment would not address public utilities. . Consider applying the amendments to cross country transmission lines-work on definitions of transmission lines that would not interfere with daily business. Consensus of the Council was to further examine the definitions of transmission lines and the difference between infrastructure lines and master plan. Also revise the definition of public utility. 3. The Council received a report, held a discussion and gave staff direction regarding updating the International Building Codes, International Fire Code, National Electric Code, and Energy Conservation Code. Ross Chadwick, Fire Chief, stated every three years updated codes were adopted. The International Codes were being considered as opposed to the Uniform Building Codes as these were introduced to provide a model code with national consistency. Local amendments were required to meet the needs of local jurisdictions. Council discussion included: . Had there been participation from the development community, architects, engineers, etc. regarding these codes - Chadwick replied that staff had met with members of the building community in January and November of 2005. There was no negative response to the proposed documents. . The effort to be energy conscious was appreciated. . Inspection fees for tents - Rick Jones, Fire Marshal, replied that the Code considered square footage and distinguished between tents and canopies. Most of these structures were canopies and did not fall in the category for the fee. City of Denton City Council Minutes January 17, 2006 Page 3 . Why were kiosks in the mall inspected - Jones replied that they were inspected for electrical connections at the sites. A permit with accompanying fee was issued for those inspections. . Track these fees to determine if they meet the needs for inspections. Consensus of the Council was to proceed with adoption of the codes as presented. 4. The Council received a briefing, held a discussion, and gave staff direction regarding Code Enforcement issues. Lancine Bentley, Park Program Area Manager, presented an update on code enforcement issues. In October staff presented recommended regulations in ordinance format regarding yard parking, on-street parking of R V s, boats and campers, limiting used car sales on non-business private properties and fence maintenance. The fence ordinance specified that fences must be maintained in good repair and allowed for removal of fences except in circumstances in which the fence was required pursuant to other regulations. Bentley reviewed the matrix of code enforcement issues. Completed categories included grass and weed, trash and debris, junk vehicles, and graffiti. Completed categories in the area of Administrative Resources included streamlining of the process and improved efficiency in abating violations, the adoption of a Code Ranger Program, the creation of a Livability Court and provided a probation option for first-time offences. Areas pending Council direction included an increase in administrative fees for placement of property liens, limitation of garage sale signage, requirement for garage sale permit, the creation of mowing/litter/right-of-way crews; placement of trash/recycling containers during non- collection days, and rental inspection program for substandard structures. Council discussion included: . A concern of neighborhood groups was enforcement and in particular, enforcement issues on the owner of the property as opposed to renters. . There was a need to have a good educational process for Code Rangers and good training. . Focus on one area until have compliance such as junked vehicles. . Locate the occupant of a premise in order to help get compliance. . Shorten the time between a citation and appearance in court - a code enforcement docket had been created for that purpose. . Municipal Court will still dismiss a citation for compliance but will prosecute for non- compliance. . Cost recovery/cases in compliance - There was no cost recovery for dismissed cases - look at compensation for inspector and court time. . There will be a change in the process of citations - new forms were being made so that the citation was clearer. . There was a difference between parking a car for sale in front of an owner's home and parking a car for sale in a right-of-way. City of Denton City Council Minutes January 17, 2006 Page 4 . A residential homeowner could have a vehicle for sale in front of his home-change wording to allow for one car in front of home. Maintaining parking surface - delete that section. Consensus of Council was to look again at the language of the proposed ordinance so that it was not too broad. The section on maintaining the parking surface should be deleted. Wording should be added to allow a residential homeowner to have one vehicle for sale parked in front of his home. The amendments should be brought back for Council consideration. 5. The Council received a report, held a discussion and gave staff direction on possible amendments to requirements for parking in front of buildings and to criteria for Alternative Development Plans (ADP's). Kelly Carpenter, Director of Planning and Development, stated that Council had asked staff to have quarterly forums with possible amendments to the Denton Development Code. One major issue was parking in front of buildings. Currently almost all zoning uses were required to have parking in the back of the building. The proposal was to exempt the following areas from the requirement to park behind buildings: the proposal meets the definition of infill; all land within 100 feet of the University Drive corridor; all land within 100 feet on either side of I35W, I35E and Loop 288; the RCR-l, RCR-2, RCC-N and RCC-D zoned properties north and south ofI35E in the area surrounding the Golden Triangle Mall; all land within 100 feet of the US Highway 77 between Locust Street and 13 5. Council discussion- . The Alternative Development Plan process followed a different procedure than a zoning amendment procedure. It was suggested to take the ADP out of that section of the Code. . There needed to be design features for a walkable community and parking on the street did not always do that. . Alternate procedures provide a relief valve for development. Carpenter continued with guidance measures for ADP' s. Acceptable mitigation measures might include landscaping that was above the minimum required; berms, rock features and decorative walls, monuments or trellises; additional trees; canopy above the minimum parking tree canopy; or pedestrian connectivity provided to the Rails to Trails. Council discussion- . There were areas of criteria that had to be addressed in the ADP - a developer then could address the ADP in whatever fashion needed such as a landscape enhancement and developer decide the type of landscape enhancement he wanted to use. . Identify for Council certain criteria for parking in front of buildings that would not be opti onal. . Place these criteria in a manual, rather than in the Code. . There needed to be a discussion on how to implement some of the criteria for certain areas of the city, including infill developments. City of Denton City Council Minutes January 17, 2006 Page 5 6. There were no requests for clarification of consent agenda items listed on the consent agenda for the regular meeting of January 17,2006. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 6:02 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Council considered the following in Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071 1. Consultation with the City's attorneys regarding legal issues, including defense of pending litigation filed by JNC Denton Partners, LLC, associated with annexation of real property in the City's northern ETJ, under annexation case no. A05-0002, along with other legal issues related to the annexation, including zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues implicated by alternative proposals advanced by individuals owning property within the proposed annexation area. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas or would jeopardize the City's legal position in any administrative proceedings or potential litigation. The Council convened back into open session at 6:24 p.m. Regular Meeting of the City of Denton City Council on Tuesday, January 17, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMA TIONS/PRESENTA TIONS A. Proclamations/Awards Mayor Brock presented a proclamation for Denton Family Unity Week. B. January Yard-of-the-Month Awards Mayor Brock presented Yard-of-the-Month awards to: Bob and Dede Benton Darrell Reid City of Denton City Council Minutes January 17, 2006 Page 6 3. CONSENT AGENDA Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. A. 2006-014 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement with GILA Corporation, D.B.A. Municipal Services Bureau, for professional services relating to the collection of municipal court fines in accordance with the Code of Criminal Procedure; providing for retroactive effect; and providing an effective date. B. Approved tax refunds for the following property taxes: Name Reason Tax Amount Year 2. Dan McBride Overpayment 2004 $ 834.75 C. 2006-015 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a contract for professional legal services with Terry Morgan & Associates, P.C., for professional legal services relating to issues and anticipated and pending litigation surrounding the annexation in the northern part of the city of Denton; authorizing the expenditure of funds not exceeding fifty thousand dollars ($50,000) therefor; and providing an effective date. D. 2006-016 - An ordinance accepting competitive bids and awarding a two-year contract for the purchase of decorative Streetlight fixtures for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 3433 - Two- Year Contract for Decorative Streetlight Fixtures awarded to the lowest responsible bidder for each item, Hadco Lighting in the annual estimated amount of $89,250). The Public Utilities Board recommended approval (5-0). E. 2006-017 - An ordinance awarding a contract for the purchase of CrewManager Software for Denton Municipal Electric as awarded by the State of Texas Building and Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog Program; providing for the expenditure of funds therefor; and providing an effective date (File 3436 - Purchase of CrewManager Software awarded to Unique Business Systems in the amount of $95,000). The Public Utilities Board recommended approval (6-0). F. 2006-018 - An ordinance accepting competitive bids and awarding a contract for purchase of Ready Mix Concrete and Portland Cement for various City Departments; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3438 - Ready Mix Concrete and Portland Cement awarded City of Denton City Council Minutes January 17, 2006 Page 7 to lowest responsible bidder for each section III the estimated amount of $1,000,000). G. 2006-019 - An ordinance of the City of Denton, Texas, amending Ordinance No. 2005-014 prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; providing a savings clause; providing a severability clause; and declaring an effective date. H. 2006-020 - An ordinance approving an assignment of a leasehold interest in a commercial operator airport lease at Denton Municipal Airport from Triangle Aviation Inc., to Charles N. Davis, III, located at 4560 John Carrell Road at the Denton Municipal Airport and authorizing the City Manager to execute an amendment extending the term of the lease; and providing an effective date. The Airport Advisory Board recommended approval (7-0). I. 2006-021 - An ordinance approving an assignment of a leasehold interest in a pad site at Denton Municipal Airport from US Flight Academy to US Aviation Group, LLC located at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommended approval (7-0). 1. R2006-00l - A resolution of the City Council of the City of Denton, Texas authorizing the filing of a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program - local implementation project; delegating and authorizing Shirlene Sitton, Recycling Manager of the City to act on behalf of the City in those matters related to the application for grant; authorizing Howard Martin, Interim City Manager, or his designate, to act on behalf of the City in all other matters that are related to the project application, pledging that if funding for this project is received the City of Denton, Texas will comply with all project requirements of the North Central Texas Council of Governments, the Texas Commission on Environmental Quality, and the State of Texas; providing for an effective date. The Public Utilities Board recommended approval (6-0). K. 2006-022 - An ordinance approving an agreement between the City of Denton and Rayzor Investments, Ltd. for the abandonment of a certain Public Utility Easement Recorded in Volume 504, Page 456 of the Real Property Records of Denton County, Texas and being in the Asa Hickman Survey, Abstract No. 521. The Public Utilities Board recommended approval (5-0). L. 2006-023 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R. 1. Covington Consulting, LLC for consulting services relating to Task Order No. 06-A; providing for services before the Public Utilities Commission of Texas, including, without limitation, compliance issues, protection of Denton Municipal Electric's interests and the interests of its ratepayers, implementation of the Nodal market design, issues related to monitoring the new market, market power issues, resource adequacy in the Nodal market, and other issues affecting DME's conduct of its business; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0). City of Denton City Council Minutes January 17, 2006 Page 8 M. 2006-024 - An ordinance of the City Council of the city of Denton, Texas authorizing the City Manager to execute a professional services agreement with R. 1. Covington Consulting, LLC for consulting services relating to Task Order No. 06-B; providing for monitoring activities before the Electric Reliability Council of Texas, related to transition to a Nodal Market Design in the Texas electric market; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (6-0) N. 2006-025 - An ordinance approving necessary amendments to Article V of Chapter 26 and the adoption of Article IX entitled "On-Site Sewage Facilities (OSSFs)" Division 1, Sections 26-260 through 26-270, in order to comply with the changes adopted by Texas Commission on Environmental Quality (TCEQ). O. R2006-002 - A resolution of the City Council of the City of Denton, Texas, authorizing the Mayor, as representative of the City, to issue a letter designating the Geriatric Services Workgroup, as "Local Council" for the purposes of geriatric services planning; and providing an effective date. P. R2006-003 - A resolution adopting an amendment to the Ethics Policy for Elected and Appointed Officials for the City of Denton, Texas; and providing an effective date. Q. 2006-026 - Approved a Surface Site Easement Agreement granting such easement to NGG Gathering Company, LLC, which easement is located in an approximate 245 acre tract ofland owned by the City of Denton and located in the G. Walker Survey, Abstract No. 1330, consisting of a 4.378 acre, and a 0.344 acre parcel of land; and providing an effective date thereof. The Public Utilities Board recommended approval (5-0). R. 2006-027 - Approved an Underground Pipeline Easement Agreement granting such easement to NGG Gathering Company, LLC, which easement is located in an approximate 85 acre tract of land owned by the City of Denton and located in the G. Walker Survey, Abstract No. 1330, and also a part of the called 245.00 acre tract owned by the City of Denton located in the G. Walker Survey, Abstract No. 1330, consisting of an approximate 2.14 acre parcel ofland, and 0.407 and 0.623 acre parcels out of the Municipal Utility Addition owned by the City of Denton situated in the Mary Austin Survey, Abstract Number 4, filed of record in Cabinet "G", Page "346" Plat Records, Denton County, Texas; and providing an effective date thereof. The Public Utilities Board recommended approval (5-0). 4. PUBLIC HEARINGS A. The Council held a public hearing regarding amendments to Subchapter 13, Site Design Standards of the Denton Development Code, related to tree preservation requirements associated with gas well development, gas pipeline installation, and fiber optic line installation. (DCA 05-0010) Mayor Brock stated that no action would be taken on this item. The public hearing would be postponed to a later date. City of Denton City Council Minutes January 17, 2006 Page 9 B. The Council held a public hearing and considered adoption of an ordinance amending the Development Review Fee schedule. Kelly Carpenter, Director of Planning and Development, stated that the ordinance contained minor housekeeping changes to the Development Review Fee schedule as noted during the Work Session. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 2005-237, BY ADOPTING A NEW PLANNING AND DEVELOPMENT REVIEW FEE SCHEDULE, AS AUTHORIZED BY THE DENTON DEVELOPMENT CODE; PROVIDING FOR A REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Montgomery seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute on behalf of the City of Denton an amendment to the Airport Project Participation Agreement with the Texas Department of Transportation relating to certain improvements at the Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend funds as provided for in said agreement and to execute documents on behalf of the City of Denton in order to implement the project; and providing an effective date. The Airport Advisory Board recommended approval (7-0). Mark Nelson, Chief Transportation Officer, stated that this was another 90-10 grant application through the Texas Department of Transportation. This was an amendment to a current project. Engineering costs indicated that the project would be more expensive than originally thought. The Airport Advisory Board recommended approval. Gas well revenues would be used to assist with the over runs on the project. Council requested a refresher memo on the use of gas well revenues. The following ordinance was considered: City of Denton City Council Minutes January 17, 2006 Page 10 NO. 2006-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AMENDMENT TO THE AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO CERTAIN IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID AGREEMENT AND TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF DENTON IN ORDER TO IMPLEMENT THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. McNeill motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McNeill "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor Brock "aye". Motion carried unanimously. B. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: A. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth discussed three issues. (1) The City After School program charged him for the day the children went to Eureka Park after it was known that there were dangerous chemicals at the park and he did not want his children to go. (2) The tape showing the Council's rules of order for citizen reports was offensive to citizens who wanted to speak to the council. (3) There were no black firefighters in the City of Denton. B. Gerald DeMarsh regarding the Police Department. Mr. DeMarsh was not present at the meeting. C. Bob Clifton regarding city business. Mr. Clifton indicated concern about the Council's response to the new requirements for financial disclosure as stated in comments in a recent Denton Record-Chronicle article. He offered to chair a committee for the naming of a street for Martin Luther King, Jr. He felt it should be done. C. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member Kamp asked for a discussion on the City becoming a WIFI city. City of Denton City Council Minutes January 17, 2006 Page 11 D. Items from the City Manager 1. Notification of upcoming meetings and/or conferences 2. Clarification of items on the agenda Interim City Manager Martin did not have any items for Council. E. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. There was no official action on Closed Meeting Item(s) under Sections 551.071- 551.086 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:07 p.m. EULINE BROCK MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 CM: Utility Administration Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Consider adoption of an ordinance authorizing the City Manager to pay a third-party funded change order to the Texas Department of Transportation ("TxDOT") pursuant to the Local Transportation Project Advance Funding Agreement by and between the City of Denton, Texas and the Texas Department of Transportation; said change order being in the amount of $56,771.42, regarding the off-system bridge replacement proj ect located in the City of Denton, Texas at Frame Street on Pecan Creek, for the wastewater line relocation to be performed by the TxDOT contractor;. providing for the expenditure of funds therefor; providing an effective date. (The Public Utilities Board recommends approval 4-0.) BACKGROUND The City entered into a Local Transportation Project Advance Funding Agreement with TxDOT on January 20, 2004 for the replacement of the bridge located at Frame Street on Pecan Creek. Ordinance 2003-256 authorized the City's participation with TxDOT in the Off-System Bridge Replacement Program. Consistent with all other TxDOT projects of this nature, the Advance Funding Agreement established the following responsibilities for the parties to this Agreement: 1. TxDOT is responsible for the design and construction ofthe new bridge. 2. The City is responsible for the necessary right-of-way for project construction. 3. The City is responsible for the adjustment, removal, or relocation of all utilities in conflict with the reconstructed bridge. The existing bridge is approximately 23-feet wide and 35-feet long. The proposed bridge designed by TxDOT will be approximately 43-feet in width and length. The City has an existing l2-inch diameter sanitary sewer attached to the existing bridge structure and this sanitary sewer must be re-Iocated prior to demolishing the existing bridge structure. The City advised TxDOT on April 28, 2005 to delay their bid letting for this project to allow the City to complete the utility relocations. However, TxDOT advertised the Frame Street Bridge Project for bids in June 2005 and awarded the construction contract to Coppell Construction Company, Inc. located in Saint Jo, Texas in July 2005. On August 2, 2005, TxDOT notified Coppell Construction Company, Inc. that time and charges would be suspended until October 2005, to allow the City to fulfill their responsibilities to provide right-of-way and relocate the utilities. At the present time, Coppell has voluntarily agreed to extend this contract suspension to accommodate the City's schedule. The Utility and CIP Engineering division of Water Utilities completed construction plans and specifications for the City's 107 line-feet of sanitary sewer relocation in November 2005. The Utility and CIP Engineering division provided the construction plans and specifications to TxDOT's construction contractor for solicitation of a proposal. A bid was received on December 28, 2005, and was reviewed by Staff. Unit prices compared favorably with Staff estimates. Page 10f2 OPTIONS 1. Add project to TxDOT construction contract as a change-order paid for by City. 2. Construct as separate project. City advertises for bids, evaluates and awards contract and constructs the project. RECOMMENDA TION Staff recommends approval of the payment to TxDOT for wastewater line relocations by TxDOT's bridge construction contractor in the amount of $56,771.42 for construction of the project. Independent bidding and construction of the project by the City would potentially jeopardize the bridge project and would most certainly cause delays. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their January 9th, regular meeting. The Public Utilities Board recommends approval 4-0. FISCAL INFORMATION The Streets Division of the Utilities Department will fund this project through a Certificate of Obligation using Account Number 350160443. BID INFORMATION Not applicable. EXHIBITS 1. Ordinance 2. Agreement 3 PUB Minutes R~eSpe(;tfullY ~SUbll1itted: . . . . .. .. .."". ." . .. . .. . . . . .. . ... .. . ... .. . .. ..... .. .. .. . .. .... . . ... . . ... . . . . .. . - -.... .. ..... ..-. .. . . . . Jim Coulter, Director W ater/W astewater Utilities Prepared by ~~~~ Edward F. Witkowski, Jr., P.E. Senior Engineer Drainage Page 2 of2 ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO PAY A THIRD-PARTY FUNDED CHANGE ORDER TO THE TEXAS DEPARTMENT OF TRANSPORTATION ("TXDOT") PURSUANT TO THE LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION; SAID CHANGE ORDER BEING IN THE AMOUNT OF $56,771.42, REGARDING THE OFF-SYSTEM BRIDGE REPLACEMENT PROJECT LOCATED IN THE CITY OF DENTON, TEXAS AT FRAME STREET ON PECAN CREEK, FOR THE WASTEWATER LINE RELOCATION TO BE PERFORMED BY THE TXDOT CONTRACTOR;. PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE. WHEREAS, heretofore the City Council entered into a "Local Transportation Project Advance Funding Agreement" ("Advance Funding Agreement") with the Texas Department of Transportation ("TXDOT") for the replacement of the bridge located at Frame Street on Pecan Creek; said Agreement was approved by the City Council on January 20, 2004, in Ordinance No. 2003-256; and WHEREAS, consistent with all TXDOT projects of this nature, the Advance Funding Agreement established the rights and responsibilities for the parties to the Advance Funding Agreement; the City was assigned the responsibility for the adjustment, removal, and relocation of all utilities in conflict with the reconstructed bridge, which was the subject of the Advance Funding Agreement. Utility and CIP Engineering personnel completed construction plans and specifications for approximately 107 linear-feet of sanitary sewer relocation to be completed before the demolishing of the existing bridge structure; provided the construction plans and specifications to the construction contractor for TXDOT for solicitation of a proposal; and WHEREAS, thereafter a bid was received by said contractor on this wastewater line relocation on December 28, 2005; said bid was reviewed by staff, and the unit prices contained in the bid compared favorably with staff estimates; and WHEREAS, this project will be funded through a Certificate of Obligation issued by the City; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council directs that the City Manager, or his designee, is hereby authorized to pay the third-party funded change order of TXDOT, to TXDOT in the amount not to exceed $56,771.42 for the wastewater line relocation activity regarding the off-system bridge replacement project at Frame Street on Pecan Creek. SECTION 2. The Purchasing Department is empowered to prepare, execute and deliver any and all documents that are necessary and appropriate to process and facilitate the issuance of payment to TXDOT. 1 Exhibit 1 SECTION 3. The City Manager, or his designee is authorized to expend funds pursuant to this ordinance. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY rtll1MffD By: S :IOur DocumentslOrdinancesl061 TXDOT-Change Order-L TP AF -Off-System Bridge Repl.doc 2 ,,,. ~ -.(, , . ORISINAL County: CSJ: Proj ect: Road/S treet/Highway: 15 Digit NBI Structure No.: Local Designation No.: Feature Crossed: Denton ......-. 0918-46-167 .- BR( ) Frame Street .- 18061OB0326000l v' B03260-001 ./' Pecan Creek ../ STATE OF TEXAS ~ COUNTY OF TRAVIS ~ LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For Bride:e Replacement or Rehabilitation Off the State System THIS Local Project Advance Funding Agreement (the LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Denton, -acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LP AF A; and, WHEREAS, Title 23, United States Code Section 144 authorizes federal funds to assist the States in the replacement or rehabilitation of deficient bridges located on public highways, roads and streets, including those under the jurisdiction of local governments; and, WHEREAS, the Local Government owns a bridge or bridges located on a public road or street located at Frame Street on Pecan Cree~and said bridge(s) is included in the currently approved program of work for Off-State System Federal-Aid Bridge Replacement and Rehabilitation as authorized by Texas Transportation Commission Minute Order number 109335, dated Julv 2003; / and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance which is attached hereto and made a part hereof as Attachment A and which provides for development of the specific programmed replacement or rehabilitation project (the Project) identified in the location map shown as Attachment B; and, WHEREAS, Texas Administrative Code, Title 43, Section 15.52 (2-Waiver) provides for the Local Government to spend an equivalent amount of funds for structural improvements or other safety work on another bridge or bridges on the equivalent-match project(s) within its jurisdiction or the jurisdiction of a geographically adjacent or overlapping governmental unit; and, Exhibit 2 Bridge LP AF A Rev 10/02/03 Page 1 of 10 Bridge Division 1O-2002-LPAFA.1 j':: ---,-~, \' WHEREAS, Local Government and the County of Denton entered into an interlocal agreement hereto included in Attachment A, wherein the Local Government will provide equivalent match funds for eight (8) ofthe County of Denton's and four (4) of the Local Government's participation- waive off-state-system bridges. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LP AF A is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Remedies for defaults under this LP AF A shall be made as described in the Master Agreement, without exception. 5. Scope of Work The scope of work for this LP AF A is the replacement or rehabilitation of the bridge( s) identified in the recitals of this LP AF A. This replacement or rehabilitation shall be accomplished in the manner described in the plans, specifications and estimates developed in accordance with this LP AF A and which are incorporated herein by reference. 6. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of all necessary right of way and will not be reimbursed with federal or state funds for the required right of way. The Local Government authorizes the State, its consultant, contractor, or other designated representative to enter the site(s) of said bridge(s) and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. 7. Adjustment of Utilities The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. 8. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal- aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development ofthe Project governed by this Agreement. Bridge LP AF A Rev 10/02/03 Page 2 of 10 Bridge Division 10-2002-LPAFA.l ,> . " b. Cost participation in environmental assessment and remediation work shall be paid by the parties in the same ratio as construction costs and will be included in the construction costs identified in Attachment D, "Estimate of Direct Costs." c. The State is responsible for providing any public meetings or public hearings required for development ofthe environmental assessment. The Local Government does not need to provide certifications to the State concerning this matter. The State will not begin construction of the Project until identified environmental problems have been remediated, unless provided for otherwise. 9. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 10. Architectural and Engineering Services will be Provided by the State The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by state and federal law . The Local Government review shall not nnduly delay the development of the Project. II. Construction Responsibilities will be carried out by the State. as stated in the Master Agreement, without exception. 12. Project Maintenance will be undertaken as provided for in the Master Agreement. without exception. 13. Local Project Sources and Uses of Funds a. A Project Cost Estimate is provided in Attachment D. "Estimate of Direct Costs:' b. A source of funds estimate is also provided in Attachment D. Attachment D shows the estimated direct preliminary engineering, construction engineering. and construction costs for the Project in total and by the Local Government. c. The Local Government participation is based upon the State's estimate of the eligible work at the time this Agreement is executed and will not be adjusted during construction except as needed to include any Project cost item or portion of a cost item ineligible for state or federal participation. In addition to its share of estimated direct engineering and construction costs. the Local Government is responsible for the direct cost of any project cost item or portion of a cost item that is not eligible for federal participation under the Federal Highway Bridge Replacement and Rehabilitation Program. The Local Government is also responsible for any cost resulting from changes made at the request of the Local Government. d. After execution of this Agreement, but thirty (30) days prior to the performance of any work by the State. the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment D as the local contribution for preliminary engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering. Bridge LP AF A Rev 10/02/03 Page 3 of 10 Bridge Division 1O-2002-LPAFA.I Ie;:- .... , e. Forty-five (45) days prior to the date set for receipt ofthe construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs and any other costs owing. f. If at the completion or termination of the Project the State determines that additional funding is required by the Local Government, the State shall notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Upon completion ofthe Project, the State will perform an audit ofthe Project costs. Any funds due to the Local Government, the State. or the Federal Government will be promptly paid by the owing party. h. The State will not pay interest on any funds provided by the Local Government. 1. The Local Government funding participation responsibilities include Project direct costs only, except when the Project is terminated before completion at the request ofthe Local Government as addressed in the Termination provision ofthis Agreement. J. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC gIS.52, this Agreement will clearly state the amount of the fixed price or the incremental payment schedule. k. Under the provisions of Texas Transportation Code Section 222.053 certain counties qualify as Economically Disadvantaged Counties (EDC) in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. If applicable, in consideration of such EDC status that may be applicable for the Project, the required local match fund participation has been adjusted to NI A percent as authorized by Texas Transportation Commission Minute Order Number NI A dated NI A. 1. The State will not execute the contract for the construction of a Project until the required funding has been made available by the Local Government in accordance with this Agreement. m. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority ofthe state auditor, under the direction ofthe legislative audit committee, to conduct an audit or investigation in connection with those funds. . \ ~ 14. Performance by Local Government of Equivalent-Match Projects (EMP) in Return for Waiver of Local Match Participation Funding on Participation-Waived Projects (PWP) a. Applicability. If a request for waiver has been received and approved by the State's District Engineer, then the required ten percent matching fund participation or percent as adjusted for EDC consideration, as shown in Attachment D, "Estimate of Direct Costs", but excluding ineligible costs under the bridge program, is waived. This waiver is based on the commitment of the Local Government to spend an equivalent amount of funds for structural or safety improvement on "other" bridge structures and other conditions as specified in 43 T AC Section 15 .55( d). If a waiver has been granted, the Project shall be defined to be a Participation-Waived Project (PWP) and the work on the "other" bridge structures that will be improved by the Local Government shall be defined to be the Equivalent Match Project(s) (EMP). Attachment C to this Agreement shows a list ofEMP(s) under this Agreement. Bridge LP A.F A Rev 10/02/03 Page 4 of 10 . Bridge Division 10-2002- LP AF A.I o. l .; b. Project Cost Estimate for PWP. Attachment D to this Agreement shows the estimated direct preliminary engineering, construction engineering and construction costs for the PWP in total and local match fund participation being waived, or partially waived. c. Credit Against EMP Work. Any local match fund participation that has already been paid, or which the Local Government is agreeable to paying to the State, will be credited against EMP work to be performed by the Local Government. If applicable, this credit(s) will be reflected in Attachment D to this Agreement. d. Responsibilities of the Local Government on EMP(s) (1) The Local Government shall be responsible for all engineering and construction, and related costs thereto, and complying with all applicable state and federal environmental regulations and permitting requirements. (2) The structural or safety improvement work on the EMP(s) shall be performed subsequent to the final execution ofthis Agreement but within three (3) calendar years after the earliest contract award of the related PWP. (3) Written documentation, suitable for audit, ofthe structural or safety improvement work completed on the EMP(s) shall be kept on file by the Local Government for four (4) years after completion of work or claims, lawsuits, or audits related thereto, whichever is longer. A notice of completion of work on the EMP(s) shall be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP( s). (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three-year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request ofthe Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty-five (45) days prior to the date set for receipt of bids for construction ofthe PWP. 15. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: Texas Department of Transportation Attention: Dallas District Engineer 4777 East Highway 80 Mesquite, Texas 75150-6643 City of Denton Attention: City Manager 215 East McKinney Street Denton, Texas 76201 State: Bridge LP AF A Rev 10/02/03 Page 5 of 10 Bridge Division 1 0-2002-LP AF A.I "l' All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 16. Lobbying Certification. The parties to this LP AF A reaffinn that no federal funds were used to lobby for Project funds, but that if any lobbying occurred, it has been reported to the State, pursuant to the requirements of the Master Agreement. 17. Incorporation. The Master Agreement is incorporated into this agreement as if fully set forth herein. 18. Local Government Restrictions. In the case that the local government has an existing, future or proposed local ordinance commissioners court order, rule policy, or other directive that is more restrictive than the state or federal regulations that results in an increase cost to the State for the project, the local government is responsible for all increased costs associated with the ordinance, order, policy, directive, or change. 19. Signatory Warranty. The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf ofthe party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. ENT - CITY OF DENTON By: ~fiJ ."J7'J....J F 0 1t.,-tA.."..J ,:; Printed/Typed Name of Signatory /Jot./" I oS T'/'Irorr C- ( 7'-( /'Y) AA 4- ~ t:':L- Printed/Typed Title of Signatory Date: I -.:z. (/ - 0 r / THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: ~~.;;po><< ~ Date: 1-28-04-- Mary Lo Ralls, P.E. Director, Bridge Division Bridge LP AF A Rev 10/02/03 Page 6 ofl 0 Bridge Division 10-2002- LP AF A.1 -.. 't "1. BridgeAPWP Rev 10/02/03 ATTACHMENT A RESOLUTION OR ORDINANCE OF LOCAL GOVERNMENT Page 7 of 10 Bridge Division 3-2002-A.IA < i :{'. RESOLUTION STATE OF TEXAS ~ COUNTY OF DENTON ~ WHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the State) tor eplace 0 r rehabilitate structurally deficient and functionally 0 bsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway system; and WHEREAS, the City of Denton, hereinafter referred to as the City owns a bridge located at Copper Creek, on Mayhill Road, National Bridge Inventory (NBI) Structure Number 180610B05224001, Local Designation Number B05224-001; and WHEREAS, the City owns a bridge located at Pecan Creek, on Frame Street National Bridge Inventory (NBI) Structure Number 18061 OB03260001, Local Designation Number B03260-00l; and WHEREAS, the City of Denton, hereinafter referred to as the Local Government owns a bridge located at Hickory Creek, on Bonnie Brae Street, National Bridge Inventory (NBI) Structure Number 18061 OAA051 0002, Local Designation Number AA051 0-002; and WHEREAS, the City of Denton, hereinafter referred to as the Local Government owns a bridge located at Dry Fork Creek, on Bonnie Brae Road National Bridge Inventory (NBD Structure Number 18061 OAAOS 10001, Local Designation Number M051 0-00 1; and WHEREAS, a project to remedy each bridge is included in the currently approved program of projects as authorized by Texas Transportation Commission Minute Order 108653 dated September 2001 for Control-Section-Job (CSJ) Numbers 0918-46-041, 0918-46-167, and by Texas Transportation Commission Minute Order 109335 dated July 2003 for Control-Section-Job (CSJ) Numbers 0918-46-174,0918-46-177; and, WHEREAS, the usual fund participation ratio for projects on such program is 80 percent federal, 10 percent state and 10 percent City; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent City match fund participation requirement may be waived with agreement by the City to perform, or cause to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross- drainage structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and, WHEREAS, the Texas Administrative Code, Title 43, Section 15.52 (2-Waiver) provides for the Local Government to spend an equivalent amount of funds for structural improvements or other Page lof3 ',. safety work on another bridge or bridges on the equivalent-match projept(s) within its jurisdiction or the jurisdiction of a geographically adjacent or overlapping governmental unit; and, WHEREAS, the County of Denton, hereinafter referred to as the County owns eight (8) bridges located at (1) Pond Creek, on Huling Road, National Bridge Inventory (NBI) Structure Number 1 806 1 OAA020900l , Local Designation Number AA0209-001, (2) Clear Creek, on Sam Bass Road. National Bridge Inventory (NBI) Structure Number 180610AA0l52001, Local Designation Number AAOI52-001, (3) Carson Branch. on Pruett Road, National Bridge Inventory (NBI) Structure Number 180610AA0125001, Local Designation Number AAOI25-001, (4) Roark Branch Creek, on John Paine Road, National Bridge Inventory (NBI) Structure Number 180610AA052100l, Local Designation Number AA0521-001, (5) Behnke Branch, on Indian Trail Road, National Bridge Inventory (NBI) Structure Number 1806l0AA0130001, Local Designation Number AA0130-001, (6) South Hickory Creek. on Reik Road, National Bridge Inventory (NBI) Structure Number 18061 OAAO 19900 1. Local Designation Number AAO 199-00 1. (7) Pecan Creek. on Friendship Road. National Bridge Inventory (NBI) Structure Number l80610AA0262001. Local Designation Number AA0262-001, (8) Clear Creek, on Nicholson Road, National Bridge Inventory (NBI) Structure Number 180610AA0187001. Local Designation Number AA0187-001; and, WHEREAS, the City's estimated local match fund participation requirement on the approved federal four (4) off-state-system bridge projects is $136,995.00. hereinafter referred to as the "participation- waived" projects, such participation requirement the City proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work.; and, WHEREAS, the County's estimated local match fund participation requirement on the approved federal eight (8) off-state-system bridge proj ects is $311,210.00 , hereinafter referred to as the "participation-waived" projects, such participation requirement the County proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work.; and, WHEREAS, the County has requested that the City allows the County to participate in the City's participation-waived and equivalent-matched projects with the State by transferring excess credits from the equivalent-match project of the City to the County's eight (8) participation-waive bridge projects; and, WHEREAS, the City has determined that such participation with the County is in the best interest of the traveling public; and, WHEREAS, the City Council ofthe City of Denton has approved an inter-local agreement with the County, hereto attached and made part hereof as Exhibit A, to allow the use of excess credit from the City's equivalent match project to be applied towards the County's eight (8) off-state-system bridges and to allow for the performance of bridge replacement work by the State on the County's eight (8) off-state-system participation waived bridges. THEREFORE, BE IT RESOLVED that the County concurs with the City's offer to perform, or cause to be performed, the following equivalent-match project(s) in return for waiver of the local match fund participation requirement on the approved federal off-state system bridge program (participation-waived) project not yet awarded: Page 2 of3 >1. ON SCHOOL BUS ROUTE? DESCRIPTION OF STRUCTURAL IMPROVEMENT WORK ESTIMATED COST LOCATION (and NBI structure identification number, if applicable) Pecan Creek crossing at Mayhill Road (approximately Yes 1200 feet south of the intersection of McKinney Street-FM 426 and Mayhill Road in the City of Denton (a) Construct a 3-span $1,358,600 175-foot long and 51.08- foot wide pre-stressed concrete box beam bridge over Pecan Creek at Mayhill Road and (b) construct a box culvert for drainage improvements along Mayhill Road between McKinney Street-FM 426 and Morse Street in the City of Denton. BE IT FURTHER RESOLVED that in receiving this waiver the City acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include but are not restricted to the following: 1. The City must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other main-lane cross-drainage structure, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading iflocated on a school bus route. 3. In performing, or causing to be performed, the equivalent-match project(s), the City assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund participation waiver approval process has been completed. 5. The City will be allowed three years after the contract award of the participation-waived project to complete the structural improvement work on the equivalent-match project(s). 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed betw en the State and the City. Passed and approved on this the d{)~ , 200f ~fW ATTEST: IE ER W.ALTERS,~ SECRETARY I Page 3 of3 - '; ., ., . ORDINANCE NO. rJ,(}O.3- ;<,8 7 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 THE TEXAS DEPARTMENT OF TRANSPORTATION OFF SYSTEM-BRIDGE REPLACEMENT PROGRAM; 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 hi her absence the Mayor Pro Tern, is hereby authorized' to execute, on behalf of the City, an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the Texas Department of Transportation Off-System Bridge Replacement Program, a copy of which is attached hereto and incorporated by reference herein by reference (the "Interlocal Cooperation Agreement"). SECTION 2. Any expenditure of funds as set forth in the Interlocal Cooperation Agreement is hereby authorized. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the of/t- day of Or ,2003. C~ ~vL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By~t:/J~ AP OYE AS TO LEGAL FORM: HERBERT L. P Y, CITY ATTORNEY By: S:\OUf Documents\Ordinances\03\Interlocal Agrmt-OffBridge Replacements-Denton County. doc ",' . i S:\Our~3\BRIDGE-Tillot.DOC " ORDINANCE NO. d fJ03- c1Sf:; AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE CITY'S PARTICIPATION FOR ITSELF, AND ON BEHALF OF DENTON COUNTY UNDER AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND DENTON COUNTY, IN THE TEXAS DEPARTMENT OF TRANSPORTATION OFF-SYSTEM BRIDGE REPLACEMENT PROGRAM AS AUTHORIZED BY TEXAS ADMlNISTRATIVE CODE, TITLE 43, SECTION 15.55(D); AUTHORIZING THE CITY MANAGER OR IDS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY AND COUNTY ALL DOCUMENTS OR AGREEMENTS NECESSARY TO CARRY OUT THE PROGRAM; AND PROVIDING AN EFFECTWE DATE. \VHEREAS, the federal off-system bridge program is administered by the Texas Department of Transportation (the "State") to replace or rehabilitate structurally deficient and functionally obsolete (collectively referred to as deficient) bridges located on public roads and streets off the designated state highway systems (the "State Program"); and WHEREAS, the City of Denton and Denton County have entered into an Interlocal Agreement authorized by Ordinance No. 2003-237 (the "Interlocal Agreement") which identifies the City of Denton as the Local Government administrator with the State on behalf of the City and Denton County for the State Program with respect to the bridges identified in this ordinance; and WHEREAS, the City of Denton owns the following bridges: Owner Control National Bridge At At Stream Entity: Section Job Inventory (NBI) Roadway: Crossing: No. (CSJ): Number: City of Denton 0918-46~041 B05224-001 Maybill Road Cooper Creek City of Denton 0918-46-094 AA0510-003 Bonnie Brae Street Roark Branch City of Denton 0918-46-167 B03260-00 1 Frame Street Pecan Creek City of Denton 0918-46-949 AA0510-002 Bonnie Brae Street Hickory Creek City of Denton 0918-46-952 AA051O-001 Bonnie Brae Street Dry Fork Creek WHEREAS, Denton County owns the following bridges: Owner Control National Bridge At At Stream Entity: Section Job Inventory (NBI) Roadway: Crossing: No. (CSJ): Number: Denton County 0918-46-901 AA0152-002 Sam Bass Road Clear Creek Denton Cormty 0918-46-922 AA0521-00 1 J obn Paine Road Roark Branch Denton County 0918-46-951 AAO 187 -001 Nicholson Road Clear Creek Denton County 0918-46-933 AA0130-001 Indian Trail Road Behnke Branch Denton County 0918-46-950 AA0262-00 1 Friendship Road Pecan Creek Denton County 0918-46-102 AA0209-001 Huling Road Pond Creek Denton County 0918-46-909 AA0125-001 Pruett Road Carson Creek Denton County 0918-46-948 AA0199-001 Reik Road S. Hickory Creek ) . : ~i s,\[)mc noc...ad>\Oninmca\03\B1UDGJ!-T,.Dal.DDC WHEREAS, the projects to remedy the bridges listed above are included in the Interlocal Agreement and the currently approved program of projects as authorized by Texas Transportation Commission by specific Minute Orders; and WHEREAS, the usual fund participation ratio for projects on the State Program is 80 percent federal, 10 percent state and 10 percent Local Government; and WHEREAS, Texas Administrative Code, Title 43, Section 15.55(d) (43 TAC Section 15.55(d)) provides that under specified conditions the 10 percent Local Government match fund participation requirement may be waived with agreement by the Local Government to perform.., or caused to be performed, an equivalent dollar amount of structural improvement work on other deficient bridges or deficient mainlane cross- drainage structures within its jurisdiction, such a project of structural improvement work being referred to as an "equivalent-match project"; and WHEREAS, the State has estimated the local match fund participation requirement for the approved federal off-system bridge projects listed above at $448,700, hereinafter referred to as the ''participation-waived'' contract amount, such participation requirement the City of Denton for itself and on behalf of Denton County under the Interlocal Agreement proposes be waived and in return perform or cause to be performed equivalent-match project structural improvement work; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City of Denton acknowledges its obligation to conform with all conditions of 43 TAC Section 15.55(d); such conditions that include, but are not restricted to the following: 1. The Local Government must be currently in compliance with load posting and closure regulations as defined in National Bridge Inspection Standards under US Code of Federal Regulations, Title 23, Section 650.303. 2. The equivalent-match project work increases the load capacity of the existing bridge or other mainlane cross-drainage structure, or upgrades the structure to its original load capacity with a minimum upgrade to safely carry school bus loading if located on a school bus route. 3. In performing, or causmg to be performed, the equivalent-match project(s), the City of Denton assumes all responsibilities for engineering and construction, and complying with all applicable state and federal environmental regulations and permitting requirements for the structures being improved. 4. The work on the proposed equivalent-match project(s) has not begun and will not begin until the local match fund participation waiver approval process has been completed. Page 2 '. ,~ r' "..i s,'O.. DoeumenlS'OJlliD....oM3\8RlOOE-TxDal.DOC S. The City of Denton will be allowed three years after the contract award of the participation-waived projects to complete the structural improvement work on the equivalent-match project(s). 6. Should this waiver request be approved, an appropriate written agreement or amendment to a previously executed agreement will be executed between the State and the City of Denton. SECTION 2. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton and Denton County under the Interlocal Agreement all documents or Agreements necessary to carry out the State Program and participation waived proj ects and contract amounts. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /1fi d.yof ~ ,2003. ~~d- EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~AiwiJ li1u/ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 3 . I" . Cynthia White Precinct 1 Sandy Jacobs Precinct 2 Bobbie J. Mitchell Precinct 3 Jim Carter Precinct 4 Denton County Commissioners Court Judge Mary Horn August 12,2003 City of Denton City Manager 215 East McKinney Street Denton, Texas 76201 On Tuesday, August 12, 2003, Denton County Commissioners Court approved the Project and the Interlocal Cooperation Agreement between Denton County and the City of Denton for Off-System Bridge Replacement. Enclosed is an original agreement for your files. If you have any questions, contact Barbara Looper, Aide-to-the-Court, at 940-349-2830. Yours truly, '/L Mary Horn Denton County Judge Cc: Tom Keever, DAlCivil Division Kelly Zwinggi, Public Works Director Denton County Pre-Trial Facilitye 1406 Troy H. LaGrone Drive. Denton, Texas 76205 (940) 349-2830. Fax (940) 349-2831 . www.dentoncounty.com ," .. . t. . APPROV AL OF PROTECT UNDER INTERLOCAL COOPERATION AGREEMENT The COUNTY OF DENTON, acting by and through its County Conunissioners Court, having been advised of a project requiring construction of street and bridge improvements for Mayhill Road at Pecan Creek under an Interlocal Cooperation Agreement, herein gives its specific written approval of the project prior to beginning the project in satisfaction of the requirements of Texas Government Code 9791.014. The description of the type of project to be undertaken and its location are as follows: Construction of a 175-foot long concrete pre-cast bridge structure on Mayhill Road over Pecan Creek, and including box culvert and storm drain improvements along Mayhill Road between McKinney Street and Morse Street to remove the traveled roadway from the Pecan Creek floodplain and improve local drainage conditions (hereinafter called the "Project".) The local government which requested the project and with which the County of Denton has contracted is the City of Denton, Texas. By vote on this date, the Commissioners Court has approved the project identified above and authorized execution of this document by the presiding officer on behalf of Denton County, Texas. BY:~ Presiding Officer of the Denton County Commissioners Court Project Approval Page 1 Vi._' 1$/,;"'. . ... . .~ INTERLOCAL COOPERATION AGREEMENT FOR OFF-SYSTEM BRIDGE REPLACEMENTS This Agreement is entered into by and between the County of Denton, Texas, hereinafter called "County" and the City of Denton, Texas, hereinafter called "City". WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, such a consolidated effort in the construction and management of street and bridge improvements within the jurisdictions of the City and County, are in each party's best interest and that of the public and this Agreement will increase the effective and efficient functioning of each party and WHEREAS, the County and the City are local governments as defined in the Texas Government Code, Section 791.003(4), have the authority to enter into this Agreement, and have each entered into this Agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, the County and the City specify that each party paymg for the performance of said functions of government shall make those payments from current revenues available to the paying party; NOW THEREFORE, in consideration of the premises, and of the terms, provisions, and mutual promises herein contained which fairly compensate the performing party, it is mutually agreed as follows: 1. TERM AND EFFECTIVE DATE The term of this agreement shall commence as of the Effective Date and shall remain in full force and effect until all matters related to the Project and State Program have been completed. 2. PURPOSE The purpose of this Agreement is to establish the rights and responsibilities of the City and County for the construction of street and bridge improvements for Mayhill Road at Pecan Creek which bridge improvements are described as follows: Construction of a 175-foot long concrete precast bridge structure on Mayhin Road over Pecan Creek, and including box culvert and stonn drain improvements along Mayhill Road between McKinney Street and Morse Street to remove the traveled roadway from the Pecan Creek floodplain and improve local drainage conditions (hereinafter called the "Project"). The Project is located within the jurisdiction of the City and County. The Project qualifies as an Equivalent Match Project ("ErvIP") under the Texas Department of Transportation ("TxDot") Off-System Bridge Program as authorized by Sections 15.52 and 15.55 of the Texas Administrative Code (the "State Program"). 3. CITY RESPONSIDILITIES A. The City shall be the Program Manager on behalf of County and City for the State Program, and as such, provide such other services for the Project and Qualifying Projects as may be required by TxDot to comply with requirements of the State Program from time to time. B. The City shall construct or cause to be constructed all improvements associated with the Project. C. The City shall pay all costs of construction for the Project. The estimated cost of construction which qualifies under State Program is $1,358,000.00. D. The City shall provide assistance for the Project by making timely application for funds available to City and County under the State Program for qualified City and County projects. E. City shall promptly notify County of any notices or requirements that pertain to the County or require County to furnish information to comply with State Program. F. The City shall have sole authority and responsibility for management of City's qualifying projects under the State Program funded through this Agreement. Page 2 Denton Co Bridge Replace Final.doc ~' 1jI' ....z I G. City shall pay all costs excluded from the State Program, including utilities relocations, acquisition of right-of-way or easements, and any other costs, for projects located within the City. 4. COUNTY RESPONSIBILITIES A. The County shall furnish to City an information pertaining to County's "Qualifying Projects" that is required for City to make application for matching funds for County's Qualified Projects under the State Program. B. County shall furnish information pertaining to County's Qualifying projects to City in a timely manner when requested by City to comply with State Program requirements. C. The County shall provide technical and or administrative support services when requested to do so by City to comply with State Program requirements as may be required from time to time. D. The County shall have sole authority and responsibility for management of County's qualifying projects under the State program funded through this Agreement. E. County shall pay all costs excluded from the State Program, including utilities relocations, acquisition of right-of-way or easements, and any other costs, for projects located within the County. 5. THE STATE PROGRAM Under the State Program, the Texas Department of Transportation hereinafter called "TxDot" allows for a waiver of the normal 1 0% local participation for certain qualifying projects by offsetting dollar for dollar the monies spent by the local government for a EMP. The City currently has five projects ("City Qualifying Projects") that qualify under the State Program as follows: Page 3 Denton Co Bridge Replace Final.doc 1- . 4' . . Bridge Replacement-Mayhill Road at Cooper Creek 10-percent EMP Match: $239,182 $23,918 Estimated Cost: Bridge Replacement-Bonnie Brae Street at Roark Branch Hickory Creek Estimated Cost $190,674 IO-percent EMP Match: $19,067 Bridge Replacement-Frame Street at Pecan Creek 1 a-percent EMP Match: $224,630 $22,463 Estimated Cost Bridge Replacement- Bonnie Brae Street at Hickory Creek Estimated Cost 10-percent EMP Match: $418,662 $41,866 Bridge Replacement- Bonnie Brae Street at Dry Fork Hickory Creek Estimated Cost: I a-percent EMP Match: $292,541 $29,254 The County currently has the following projects that qualify under the State Program ("County Qualifying Projects"): Bridge Replacement- Sam Bass Road at Clear Creek Bridge Replacement-John Paine Road at Roark Branch Bridge Replacement-Nicholson Road at Clear Creek Bridge Replacement-Indian Trail Road at Behnke Branch Bridge Replacement-Friendship Road at Pecan Creek Bridge Replacement-Hilling Road at Pond Creek Bridge Replacement-Pruett Road at Carson Creek Bridge Replacement-Reik Road at South Hickory Creek Page 4 Denton Co Bridge Replace Final.doc ..- .. . "'-' The City and County agree that all actual costs for the Project which are currently estimated to be $1,358,000 will be first used to apply against the City's 10% EMP Match for the City's Qualifying Projects under the State Program. The remaining costs for the Project will be used by the County to apply against the County's 10% EMP Match for the County's Qualifying Projects. 6. INDEPENDENT CONTRACTOR RELATIONSHIP Nothing herein contained shall be construed as creating the relationship of employer and employee between the parties. 7. SEVERABILITY If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this agreement will not be affected, and in lieu of each provision which is found to be illegal, invalid, or unenforceable, there will be added as part of this agreement a provision as similar to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. 8. LIABILITY This Agreement is made for the express purPose of providing services, which both parties recognize to be a governmental function. Except as hereinafter provided neither party assumes any lability beyond that provided by law. This Agreement is not intended to create any cause of action for the benefit of third parties. 9. COMPLETE AGREEMENT. This Agreement supersedes any prior agreement between me parties hereto related to the Project and constitutes and expresses the whole agreement of the parties hereto. This Agreement shall be effective on its date of execution (the "Effective Date"). 10. AUTHORIZED OFFICIALS The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties Page 5 Denton Co Bridge Replace Final.doc 'f .....,. '.' hereto, and each party certifies to the other that any necessary resolutions or ordinances were passed by their respective governing bodies authorizing this Agreement. 11. NOTICES Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; or shall be sent by registered mail or certified mail; or shall be sent by U.S. Mail, return receipt request, postage prepaid; or by facsimile to: CITY: City Manager City of Denton 215 East McKinney Street Denton, Texas 76201 Fax No. 940.349.8596 COUNTY: Denton County Judge Denton County Courts Building 1450 E. McKinney Denton, Texas 762ti, Signed to be effective as of the a:: Clay of {}~;t ,2003 CITY OF DENTON, TEXAS Byc~hoL Euline Brock, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY l ATTORNEY BY: Page 6 Denton Co Bridge Replace Final.doc '"1=" , " . ~ r' , . BY: Mary Horn, Co ty Judge 3 cf,./2 -0 ATTEST: ~huJ ~tP~ APPROVED AS TO FORM: DISTRICT A TIORNEY BY:C~ Page 7 Denton Co Bridge Replace Final.doc , I . ~ ATTACHMENT B PROJECT LOCATION MAP BridgeAPWP Rev to/02/03 Page 8 of 10 Bridge Division 3-2002-A.1A - . ~ III MENT B ATTA~~CATION PROJECT MAP B "c1...e Division rot .. FA 1 ;)-2002-LPA . :.. . ,."" . County: Denton ~ CSJ: 0918-46-167/ Road/StreetlHighway: Frame Street / Feature Crossed: Pecan Creek ,.. 15 Digit NBI Structure No.: 180610B03260001 v Local Designation No.: B03260-001./ ATTACHMENT C (See Note**) LIST OF DISTRICT ENGINEER APPROVED EQUIVALENT MATCH PROJECT(S) (EMP) Location (and structure On School Historic Description of Structural Estimated Cost identification number, Bus Route? Bridge? or Safety Improvement if applicable) (YeslNo) (YeslNo) Work Pecan Creek crossing at (a) Construct a 3-span 175- Mayhin Road (approxi- foot long and 51.08-foot mately 1200 feet south of Yes No wide pre-stressed concrete $1,358,600,00 the intersection of box beam bridge over Pecan McKinney Street-FM 426 Creek at Mayhill Road and and Maybill Road in the (b) construct a box culvert City of Denton) for drainage improvements along Mayhill Road between McKinney Street-FM 426 and Morse Street in the City of Denton Total $1,358,600.00 EMP work credited to this PWP (See Note *) $22,550.00 Balance of EMP work available to associated PWP(s) $1,336,050.00*** Associated PWP(s) Control-Section-Job (CSn Amount to be Credited to Associated PWP (s) 0918-46-041 ~ Mayhill Road at Cooper Creek $43,254.00 0918-46-174 - Bonnie Brae Street at Hickorv Creek $41,855.00 0918-46-177 - Bonnie Brae Street at Dry Fork Creek $939,731.00 Note *: This total should typically equal the "Balance of Local Government Participation" that is waived as shown in Attachment D. Note**: This attachment not applicable for non-Participation-Waived Projects (PWP) Note***: Of this amount, $311.210.00 has been assigned for use by the County of Denton for eight (8) PWP bridge projects as described in Attachment A - Resolution of the Local Government Bridge LP AF A Rev to/02/03 Page 9 of 10 Bridge Division 1 0-2002-LP AF A.I ., -.:.. .. ~-..,..< County: CSJ: Road/Street/Highway: Feature Crossed: 15 Digit NBI Structure No.: Local Designation No.: -----. Denton 0918-46-167 Frame Street ~ Pecan Creek ,-- 18061OB03260001 ,/ B03260-001 V' ATTACHMENT D ESTIMATE OF DIRECT COSTS Local Government Participation Estimated Cost Preliminary Engineering (PE) (1) $50,000.00 v Ten (10) Percent or EDC Adjusted Percent of PE for Local Government Participation y (3) $5,000.00 Construction $150,000.00 '- Engineering and Contingency (E&C) $25,500.00 \. The Sum of Construction and E&C (2) $175,500.00 ~. Ten (10) Percent or EDC Adjusted Percent of the Sum of Construction and E&C for Local Government Participation (4) $17,550.00....- Amount of Advance Funds Paid by Local Government * (5) ( $0 ) Amount of Advance Funds to be Paid by Local Government * (6) ( $0 ) Balance of Local Government Participation which is to be Waived where the Proj eet is a PWP (3+4-5-6) $22,550.00 (/' Total Proj ect Direct Cost (1 +2) $225,500.00 ,/ * Credited Against Local Government Participation Amount If this Project is to be a PWP, Amount of EMP Work Being Credited to this PWP as Shown on Attachment C. ../ $22,550.00 Bridge LP AF A Rev 10/02/03 Page 10 of 10 Bridge Division 10- 2002- LP AF A.l MINUTES PUBLIC UTILITIES BOARD JANUARY 9,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton Service Center, 90l-A Texas Street, Denton, Texas. Present: Chair Newell, George Hopkins, Bill Cheek, John Baines, Phil Gallivan and Bob Bland (arrived at 9:48 a.m.) EX OFFICIO MEMBER: Howard Martin, City Manager Absent: Dick Smith Chair Newell called the meeting to order at 9:40 a.m. OPEN MEETING ITEMS FOR INDIVIDUAL CONSIDERATION: 6) Consider recommending approval of payment for wastewater line relocations by the Texas Department of Transportation's (TX DOT's) contractor in conjunction with the Off-System bridge replacement proj ect at Frame Street on Pecan Creek in the amount of $56,771.42. Chair Newell indicated this item was pulled to allow Board Member Bill Cheek to recuse himself for this item. Gallivan moved to approve item #6 with a second from Baines. The motion was approved by a vote of 4-0. Exhibit 3 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2005 CM: Utilities Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Consider adoption of an ordinance authorizing the abandonment of a 0.089 acre drainage easement tract recorded in Volume 4863, Page 1450 of the Real Property Records of Denton County, Texas and the abandonment of a 0.381 acre drainage easement tract, being a portion of the 7.39 acre public drainage and detention easement recorded in Volume 4863, Page 1455 of the Real Property Records of Denton County, Texas, both being situated in the A. Hill Survey, Abstract No. 623. (The Public Utilities Board recommends approval 6-0.) BACKGROUND Lone Oak Hospitality, Ltd. is the owner of an approximate 6.1 acre tract of land, slated for the construction of a Holiday Inn hotel facility, illustrated in the attached Location Map. The hotel project application was administered through the Development Review process and their final plat was approved and filed of record in the Fall of 2005. As part of the development process, the Applicant dedicated alternative drainage easements that precluded the necessity of the subject drainage easement abandonment tracts. The drainage easement tracts now proposed for abandonment were originally required to facilitate a drainage solution for the upland pad sites, along 1-35 E and Center Place Street, as they came on-line over the course of the last few years. During the Development Review process for the Holiday Inn hotel, an alternative drainage solution was approved by City staff with the understanding that the developer would petition for formal abandonment of the subject drainage easements. Staff performs an analysis on request for easement abandonments as follows: · Is the easement tract requested for abandonment considered "excess easement"? · Does the easement tract requested for abandonment have a continued public use? · Is it in the best interest of the general public to abandon the government's rights in the subj ect abandonment tract? · Would the granting of this request establish a precedent for easement abandonment for future requests? Staff findings on this analysis are as follows: 1. The partial easement abandonment tract requested fits the criteria of "excess easement." Excess easement is defined as: Property acquired or used by the City for easement subsequently declared excess (not needed for the Project, the continuation of operation and maintenance of public facilities, and/or no foreseeable utility application in the future). 2. An alternative drainage easement solution has been devised that will satisfy the needs of the City of Denton and the Developer. The Developer has conveyed, by plat, a 2.34 acre drainage easement and a 0.15 acre drainage easement, both to the City of Denton, for the express purpose of accommodation for the drainage therein, which easements eliminate the need for the abandoned easements. 3. The easement abandonment is in the public interest because the areas for the subject abandonment will no longer be needed by the public when alternative drainage facilities are installed; 4. This abandonment would not set precedent because the above three standards have been met. OPTIONS 1. Recommend that the City Council approve the Ordinance. 2. Not recommend that the City Council approve the Ordinance. 3. Table for future consideration. RECOMMENDA TION Recommend approval of the Ordinance. ESTIMA TED SCHEDULE Developer is currently mobilized and ready to proceed with the project. PRIOR ACTION/REVIEW (Council, Boards, Commissions) DRC Recommended Approval- August 2004. Public Utilities Board Approval- January 23,2006. FISCAL INFORMATION Not applicable BID INFORMATION Not applicable EXHIBITS 1. Location Map 2. Site Map 3. Ordinance 4. PUB Minutes Respectfully submitted, ~........~........ . ... . . . . . .. . . . . ... .. .. .. . Jimmy D. Coulter Director of W ater/W astewater Water Administration Prepared by: ~~.B~N€ Doreen E. Blackstone Right of Way Agent Real Estate and Capital Support Exhibit 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ABANDONrvfENT OF A 0.089 ACRE DRAINAGE EASEMENT TRACT RECORDED IN VOLUME 4863, PAGE 1450 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND THE ABANDONMENT OF A 0.381 ACRE DRAINAGE EASEMENT TRACT, BEING A PORTION OF THE 7.39 ACRE PUBLIC DRAINAGE AND DETENTION EASEMENT RECORDED IN VOLUME 4863, PAGE 1455 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, BOTH BEING SITUATED IN THE A. HILL SURVEY, ABSTRACT NO. 623. WHEREAS, the City of Denton has received a request from the underlying fee simple owner, Lone Oak Hospitality, Ltd., for the abandonment of a 0.089 acre drainage easement and for the abandonment of a 0.381 acre drainage easement both being particularly described and depicted in Exhibits "A" and "B" attached hereto and made a part hereof by reference (the "Abandoned Easements"); and, WHEREAS, the Lone Oak Hospitality, Ltd. has conveyed, by plat, a 2.34 acre draimige easement and a 0.15 acre drainage easement, both to the City of Denton, for the express purpose of accommodation for. the drainage therein, which easements eliminate the need for the Abandoned Easements; and, WHEREAS, staff has reviewed the requested abandonment of the Abandoned Easements and has recommended approval; and, WHEREAS, the City Council of the City of Denton, Texas hereby finds and determines that the Abandoned Easements are not needed for public drainage purposes and it is in the public interest to abandon the Abandoned Easements to the underlying fee owner, Lone Oak Hospitality, Ltd. ("Owner"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Abandoned Easements are hereby permanently vacated, abandoned, and extinguished as public drainage easements. Notwithstanding the forgoing, this abandonment ordinance does not affect any and all easement rights in other easements, whether conveyed by other instrument(s)or by plates), that cross and/or overlap the Abandoned Easements. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: Page 2 EULrnEBROCK, MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAFT MINUTES PUBLIC UTILITIES BOARD JANUARY 23,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, January 23,2006 at 9:10 a.m. in the Service Center Training Room, City of Denton Service Center, 90l-A Texas Street, Denton, Texas to consider the specific agenda items listed below under the Open Meeting section of this agenda. Present: Chair Newell, George Hopkins, John Baines, Phil Gallivan and Bob Bland EX OFFICIO MEMBER: Howard Martin, City Manager Absent: Bill Cheek Chair Newell called the meeting to order at 9:10 a.m. OPEN MEETING CONSENT AGENDA: 6) Consider recommending approval of an ordinance authorizing the abandonment of a 0.089 acre drainage easement tract recorded in Volume 4863, Page 1450 of the Real Property Records of Denton County, Texas and the partial abandonment ofa 0.381 acre drainage easement tract recorded in Volume 4863, Page 1455 of the Real Property Records of Denton County, Texas, both being situated in the A. Hill Survey, Abstract No. 623. Bland moved to approve with a second from Smith. The motion was approved by a vote of 6-0. Exhibit 4 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 CM: Electric Utility Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Consider adoption of an Ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with R. 1. Covington Consulting, LLC for consulting services relating to Task Order No. 06-C; providing for the review of city accounting systems used to support utility and solid waste functions; authorizing the expenditure of funds therefor; and providing an effective date. (The Public Utilities Board recommends approval 6-0.) BACKGROUND The City's accounting system is developed and maintained with the primary goal of fulfilling the City's duty of financial accountability to citizens. To accomplish this goal, the City complies with all legal financial reporting requirements provided by the Governmental Accounting Standards Board to help users effectively evaluate the City's operations. The accounting system is also intended to help City departments assess the level of services that can be provided by the City, which has produced a few challenges. Communications between the Accounting Department and the Utility and Solid Waste Departments can be impacted by the fact that accounting staff may not always understand the operational issues and analysis needs of the departments, and the Utility and Solid Waste personnel may not always understand accounting principles and mandated financial reporting requirements of the Accounting Department. While each department desires to meet the needs of the other, confusion over matters such as monthly reports and data interpretation can occur. As the City's utility and solid waste functions have grown in size and complexity, this lack of mutual understanding has become a greater source of frustration. The problems it creates have begun to limit the Utility and Solid Waste Department's ability to effectively perform their functions in areas such as forecasting, rate design, regulatory reporting, project management, and fixed asset management. These problems have become particularly acute for DME given the need to make transmission rate filings and operation reports with the Texas Public Utility Commission and its need to function in an increasingly complex deregulated wholesale power market. Conversely, the demands on the accounting staff for additional data, changes in data formats, and other miscellaneous utility needs have increased the workload for an accounting group which may not be properly staffed to provide that level of support to the utilities. The Accounting Department and the Utility and Solid Waste Department's are committed to making the improvements in each area that will eliminate potential problems, and these departments are partnering to fund an independent review of our operations. This will be a complex task, which must be approached in a thoughtful, and orderly manner. Although some problem areas, such as the quality of fixed asset records and project accounting systems and reporting, have already been identified, it is likely that neither the accounting nor utility and solid waste staffs are aware of all the problem areas that may exist or the depth of the problems in areas where problems are anticipated. What is needed at this initial stage of the effort is a "translator", who understands regulatory requirements, the operating principles of utility business functions, and the principles of accounting, both industry and governmental. This "translator" can identify and define the extent of potential problems and communicate to both operating and accounting staffs the steps needed to correct the problems. The proposed Task Order is designed to provide that "translation" function. The work outlined in this Task Order is expected to take four to five months, depending on the ability of the accounting and utility staffs to work with the consultants. This Task Order will provide the services of Rick Covington and Gerald Tucker to perform a review of the utility and solid waste accounting systems and records, with emphasis on the DME records, and work with the City accounting staff as well as utility and solid waste operational staffs to define problem areas and develop recommendations for a plan to correct those problems. Both Mr. Covington and Mr. Tucker are CPA's. Mr. Covington has a great deal of first hand knowledge about DME' s operations as well as problems that have been experienced by DME as it has attempted to use existing accounting records to comply with regulatory filing and reporting requirements. Mr. Tucker has extensive knowledge both as a utility controller for an electric utility and as a consultant in the area of utility accounting and regulatory filings. Detailed information on the backgrounds of both Mr. Covington and Mr. Tucker are available in the attached resumes. Other Task Orders that exist with R. 1. Covington Consulting, LLC are: . Task Order 03-B - Joint Power Agency Study: $25,000 with $17,108.37 unspent . Task Order 05-C - Request for Proposals for Power Purchase Agreement: $94,400 with $57,361.45 unspent Task Orders approved by PUB and waiting Council approval are: . Task Order 06-A - Regulatory Services: $100,000 . Task Order 06-B - Nodal Market Transition: $100,000 OPTIONS 1. Approve Task Order 06-C with R. 1. Covington Consulting, LLC as proposed. 2. Approve Task Order 06-C with R. 1. Covington Consulting, LLC with changes. 3. Do not approve Task Order 06-C with R. 1. Covington Consulting, LLC. RECOMMENDA TION Approve Task Order 06-C with R. 1. Covington Consulting, LLC as proposed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utilities Board at their January 23rd, 2006, regular meeting. The Public Utilities Board recommends approval 6-0. FISCAL INFORMATION The cost of Task Order 06-C is not to exceed $55,000. The cost of this work will be shared between DME and the Finance Department with DME paying $40,000 and the Finance Department paying $15,000. EXHIBITS 1. Ordinance 2. Agreement 3. R. 1. Covington Resume 4. Gerald Tucker Resume 5. PUB Minutes Respectfully submitted, iii~:!:li!.jll~!iii!i:i ~:~.~.. Sharon Mays Director of Electric Utilities &' . 1.\ ~ . . . ~.~: - Diana G. Ortiz Chief Finance Officer ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. J. COVINGTON CONSULTING, LLC FOR CONSULTING SERVICES RELATING TO TASK ORDER NO. 06-C; PROVIDING FOR THE REVIEW OF CITY ACCOUNTING SYSTEMS USED TO SUPPORT UTILITY AND SOLID WASTE FUNCTIONS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to continue to engage the firm of R. J. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide further professional consulting services to the City relating to Task Order No. 06-C; which includes, without limitation, review of the City accounting systems used to support utility and solid waste functions; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described specialized professional services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and WHEREAS, Covington has represented DME continuously and ably over the last nine (9) years, and has proven to be a valuable, reliable, affordable, and competent professional resource that has expertise in, and is well-acquainted with the electric operations as well as the financial and regulatory framework of Denton Municipal Electric ("DME). Covington and his staff are particularly familiar with the characteristics, operations, and accounting systems of DME: and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with R. J. Covington Consulting, LLC of Austin, Texas, for professional consulting services, relating to Task Order No. 06-C, to the City and to Denton Municipal Electric, in an amount of not to exceed $55,000; in substantially the form of the Professional Services Agreement that is attached hereto and incorporated herewith by reference as Exhibit iO'A.'" 1 Exhibit 1 SECTION 2: That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of Covington and the ability of Covington to perform the professional services needed by the City for a fair and reasonable pnce. SECTION 3: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 4: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER W ALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY:~~ S:\Our Documents\Ordinances\06\R J Covington Consulting LLC-DME-Ord Aprv TO 06-C 2006.doc 2 STATE OF TEXAS ~ ~ ~ COUNTY OF DENTON PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PERTAINING TO DENTON MUNICIPAL ELECTRIC TillS AGREEMENT is made and entered into on the day of , 2006, by and between the City of Denton, Texas, a Municipal Corporation, with its principal office at 215 East McKinney Street, Denton, Texas 76201 ("CITY"); and R. J. COVINGTON CONSULTING, LLC, a Texas Limited Liability Corporation, with its principal office at 11044 Research Boulevard, Suite A-325, Austin, Texas 78759, hereafter "COVINGTON"; acting herein by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants, promises and agreements herein contained, the CITY and COVINGTON do hereby AGREE as follows: A R TTC;LF T EMPLOYMENT OF CONSULTANT The CITY hereby contracts with COVINGTON, as an independent contractor, and COVINGTON hereby agrees to perform the services herein in connection with the Scope of Services as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. ARTTr:LF H SCOPE OF SERVICES A. COVINGTON shall provide to the CITY professional consulting services pertaining to the review of accounting systems used by the City, including data necessary for various regulatory proceedings, meeting internal conflicts and reporting needs, meeting utility and City-wide financial and accounting reporting requirements, coordination between utility record keeping and City accounting systems, and maintaining recognition of governmental accounting standards. COVINGTON agrees to perform those services and tasks more particularly and specifically described in Task Order No. 06-C attached hereto and incorporated herewith by reference. B. To consult with the City Manager, Assistant City ManagerlUtilities, the Director of Electric Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and all aspects of the services to be performed pursuant to this Agreement. ARTTr:LF HT PERIOD OF SERVICE This Agreement shall become effective on the date this Agreement is approved and upon the issuance of a notice to proceed by Denton Municipal Electric ("DME"). The termination date ofthis Agreement shall be upon the earliest to occur of the following events: completion of the work 1 Exhibit 2 : described herein and in the attached Task Order No. 06-C; or upon the depletion and exhaustion of the $55,000 not-to-exceed amount provided for herein; or upon fifteen (15) day's written notice to terminate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement. COVINGTON shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the CITY, acting through its Director of Electric Utilities. ARTICLE N COMPENSA TrON A. COMPENSATION TERMS: "Direct Non-Labor Expense" is defined as that expense for any assignment incurred hereunder by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense, overnight courier, photocopy expense, transportation, travel, communications, subsistence and lodging away from home and similar incidental expenses reasonably incurred in connection with that assignment. B. BILLING AND PAYMENT: 1. For and in consideration of the professional services to be performed by COVINGTON herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct non-labor expense, not to exceed $55,000 for those services described in Task Order No. 06- C. 2. The fee for the services described in this Agreement to be performed by COVINGTON are to be billed the rates as set forth in Exhibit "A" attached hereto and incoIporated herewith by reference. Billing shall be reported in minimum one-quarter (1/4) hour increments. 3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly statements rendered to the CITY through its Director of Electric Utilities. The fee bills as submitted, shall be allowed and approved by the Director of Electric Utilities. However, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. 4. Nothing contained in this Article shall require the CITY to pay for any work which is unsatisfactory as reasonably determined by the City Manager or the Director of Electric Utilities, or which is not submitted in compliance with the terms of this Agreement. The City shall not be required to make any payments to COVINGTON when COVINGTON is in default under this Agreement. 5. It is specifically understood and agreed that COVINGTON shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense or reimbursement above the maximum not-to-exceed fee as stated, without first having obtained written authorization from the CITY. 2 c. PAYMENT If the CITY fails to make payments due COVINGTON for services and expenses within forty (40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due COVINGTON will be increased by the rate of one percent (1 %) per month from the said forty (40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to the CITY, suspend services under this Agreement until COVINGTON has been paid in full all amounts due for services, expenses and charges provided. However, nothing herein shall require the CITY to pay the late charge of one percent (1%) set forth herein if the CITY reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such defect. ARTTCT F V OBSERVATION AND REVIEW OF THE WORK COVINGTON will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies in his work or the work of any subconsultants performed hereunder. A RTTCLR VI OWNERSHIP OF DOCUMENTS All documents, analyses and other data prepared by COVINGTON under this Agreement ("Work Products") are instruments of service and are and shall remain the property of CITY. COVINGTON shall have the right to make and retain copies and use all Work Products; provided, however, the use shall be limited to the intended use for which the services and Work Products are provided under this Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as property of COVTNGTON; provided that prior written approval is obtained from CITY, whose approval shall not be unreasonably withheld, and providing that copywriting will not restrict CITY'S right to retain or make copies ofthe Work Products for its information, reference and use on the Project or services under the Agreement. The Work Products shall not be changed or used for purposes other than those set forth in this Agreement without the prior written approval of COVINGTON. If CITY releases the Work Products to a third party without COVINGTON'S prior written consent, or changes or uses the Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and COVINGTON shall not be liable for any claims or damages resulting from or connected with the release or any third party's use ofthe Work Products. ARTICLE VII lliDEPENDENTCONTRACTOR COVINGTON shall provide services to the CITY as an independent contractor, not as an employee of the CITY. COVINGTON shall not have or claim any right arising from employee status. 3 ARTTrTJ<: VTTT INDEMNITY AGREEMENT COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorneis fees incurred by the CITY, and including without limitation, damages for bodily and personal injury, death and property damage, and damage for professional malpractice resulting from the negligent acts or omissions of COVINGTON or any subconsultants, in performance of this Agreement. COVINGTON'S liability under this Article VIII is expressly limited to the amOlmt of COVINGTON'S insurance coverage as set forth in Article IX. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the Services under this Agreement, COVINGTON shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an "A-" or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence, and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident; and with property damage limits of not less than $100,000 for each accident. C. Professional Liability Insurance with policy limits of not less than $1,000,000 annual aggregate. D. COVINGTON shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies to the extent legally possible, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of the change or cancellation, deliver substitute policies furnishing the same coverage to the CITY. 4 ARTTCT:F x ARBITRA nON AND AL TERNA TE DISPUTE RESOLUTION The parties agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTTCTEXT LIMITA nON OF LIABILITY To the extent permitted by law, the total liability of COVINGTON to CITY for any and all claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third-party claims, shall not exceed one million dollars ($1,000,000). ARTTCTcF XTT CONSEQUENTIAL DAMAGES In no event and under no circumstances shall COVINGTON be liable to CITY for any interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any consequential, indirect or special damages. ARTICT F, XTTT PROFESSIONAL STANDARDS COVINGTON will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same degree of similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. A RTTCT ,F, XIV TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days advance written notice of termination to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other party is given: (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifYing the nonperformance, and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If this Agreement is terminated prior to completion of the services to be provided hereunder, COVINGTON shall immediately cease all services and shall render a final bill for services to 5 the CITY within thirty (30) days after the date of termination. The CITY shall pay COVINGTON for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination in accordance with Article IV, Compensation. Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, COVINGTON shall cooperate in providing information. COVINGTON shall turn over all documents prepared or furnished by COVINGTON pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of COVINGTON, or any subconsultants of COVINGTON, for the accuracy and competency of their designs or other work product. ARTTl:LR XVI NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be sent to the parties at the following addresses: To COVINGTON: To CITY: R.J. Covington Consulting, LLC Attn: Richard J. Covington, President 11044 Research Blvd., Suite A-325 Austin, Texas 78759 City of Denton, Texas Attn: City Manager 215 East McKinney Street Denton, Texas 76201 and to City of Denton, Texas Attn: Director of Electric Utilities 90l-A Texas Street Denton, Texas 76205 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days after the date of mailing. ARTT(J,F. xvn ENTIRE AGREEMENT This Agreement consisting of nine (9) pages, and four (4) additional pages consisting of Task Order No. 06-C, 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 6 prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof ARTICLE XVTTI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention ofthe stricken provision. ARTICLE XIX COMPLIANCE WITH LAWS COVINGTON shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XX DISCRIMINATION PROHIBITED In performing the services required hereunder, COVINGTON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTTC:T,F XXI PERSONNEL A. COVINGTON represents that he has secured, or will secure at his own expense any additional personnel required to perform all the services required under this Agreement. Such personnel shall be sub consultants of COVINGTON, and shall not be employees or officers of, nor have any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by COVINGTON or under his supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. ARTTr:T ,F XXTT ASSIGNABILITY COVINGTON shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. 7 ARTICLE XXTTT MODIFICA nON No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in ~rriting and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived unless as herein set forth. ARTICLE XXIV MISCELLANEOUS A. COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of COVINGTON involving transactions relating to this Agreement. COVINGTON agrees that the CITY shall have access during normal working hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. The CITY shall give COVINGTON reasonable advance notice of any intended audits. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by, and construed in accordance with the laws of the State of Texas. C. COVINGTON shall commence, carry on, and complete the work required by this engagement with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof. In accomplishing the work, COVINGTON shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY. D. The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available information pertinent to the work required by this engagement, including previous reports, any other data relative to the project and arranging for the access to, and make all provisions for COVINGTON to enter in or upon, public and private property as required for COVINGTON to perform services under this Agreement. E. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be executed in four (4) original counterparts, by its duly authorized City Manager; and R.l Covington Consulting, LLC has executed this Agreement by its duly authorized officer on this the _ day of ,2006. II CITY" 8 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY CITY OF DENTON, TEXAS A Municipal Corporation By: Howard Martin, City Manager "COVINGTON" R. 1. COVINGTON CONSULTING, LLC A Texas Limited Liability Corporation By: S:IOur DocumentslContractslO6\RJ Covington Consulting LLC-PSA-Rvw Acctg Systems-TO 06-C DME.doc 9 Task Order No. 06--C Review Accounting Systems ATTACHMENT PROFESSIONAL SERVICES AGREEMENT BET\VEEN THE CITY OF DENTON, TEXAS AND R.J. COVINGTON CONSULTING, LLC TASK ORDER NO. 06-C Review Accounting Systems This Attachment is a Task Order contemplated by and appended to the Professional Services Agreement entered into by and between the City of Denton, Texas ("City") and R.J. Covington Consulting, LLC, ("RJC") as approved by the Denton City Council. The work provided for in this Task Order is for RJC to provide a review of the utility accounting systems used by the City to determine the appropriateness of those systems m: . Providing data necessary for various regulatory proceedings . Meeting internal controls and reporting needs . Meeting utility and City-wide financial and accounting reporting requirements . Coordination between utility record keeping and City accounting systems . Maintaining recognition of governmental accounting standards The accounting systems to be reviewed are those systems (chart of accounts, accounting entry systems, books and reporting) used to provide accounting data for the electric, water, wastewater, solid waste and drainage utility functions of the City. The focus of this review will be on Denton Municipal Electric (DME), however the review will include a high level survey of how identified issues may also affect the City's other utility systems. The services under this Task Order will be to evaluate the current accounting systems and related policies and procedures in order to identify the range of issues that will need to be addressed in order to insure that the systems are providing the appropriate level of information needed for operation of the utilities and for the City's financial and accounting reporting purposes. Future services under this Task Order will be identified following this review of the accounting systems and specific recommendations will be made to resolve the identified issues at a future time. The review will be conducted through interviews of DME staff, staff of the other City utility systems, and City accounting staff, in order to gain an understanding of the systems currently in use. These systems include the present work order recording systems, continuing property records (CPR), entry ofutiIity expenses and revenues to the general ledger (GL), capitalization and depreciation procedures, and other systems as identified. RJC will also review several years of accounting entries for DME in order to assist in the identification of specific items that should be included in follow-up reviews. 1 Task Order No. 06--C Review Accounting Systems Upon completion of the review, RJC will provide a briefing to DME staff and the appropriate City personnel describing the findings of the review. At that time, RJC will provide a new Task Order describing the follow-up tasks to be performed to address the identified deficiencies. As part of the follow-up task order, RJC will assist DME and City staff with the development of policies and procedures to implement the utility accounting system changes identified. These policies and procedures will act as a guide for City accountants with respect to the appropriate treatment of utility accounting issues in order to establish a resource for consistent application of utility accounting standards for the City. The majority of the work on this Task Order will be performed by Richard Covington and Gerald Tucker with assistance from other members of the RJC firm as required. Gerald Tucker will be the project manager. RJC also understands that the City will provide personnel, as time permits, to prepare accounting analysis as required. The estimated cost provided below assumes that a substantial portion of the detailed work of compiling accounting entries will be performed by City personnel. If City personnel are not available for this effort, the cost of the services will require adjustment. Mr. Covington and Mr. Tucker are both certified public accountants (CPA's) who are highly experienced utility consultants. RJC is not a public accounting firm, and the opinions expressed by RJC do not represent certified opinions of a public accounting firm for financial reporting purposes. The following scope of work is based on RJC's current understanding of the issues to be addressed. As the review progresses, this scope may be modified as directed by the Director of Electric Utilities. To the extent modifications are required, a revised budget will be provided. The list of work activities below are not necessarily sequential, and work may progress on several tasks at the same time, as appropriate. Scope of Services Task A - Interviews 1. RJC will conduct interviews of DME staff to identify problems and concerns they are currently aware of with present accounting processes. 2. Interviews with other utility department heads and appropriate staff members will be held to determine the status of their systems. 3. RJC will meet with the Assistant City Manager for utilities and staff of the City to discuss overall utility accounting issues. 4. RJC will conduct interviews of city accounting staff to discuss issues identified by utility staff and other accounting system issues as identified by city accounting staff. Task B - Review Accounting Systems 1. To gain a better understanding of the City's accounting systems and their use in developing utility books and records, RJC will review each accounting system (both accounting programs and spreadsheets), their purpose, and coordination of each to the overall City accounting systems. This will include a review of the Harris billing 2 Task Order No. 06--C Review Accounting Systems system and the J.D. Edwards financial reporting system as they relate to utility accounting issues identified as problem areas. 2. RJC will review the reports produced by each of the accounting systems, identify gaps if any in reporting needs, and evaluate the processes used for internal control to insure proper transfer of data between the programs and spreadsheets. 3. Particular emphasis will be on processes currently being used to produce utility accounting data used in regulatory proceedings and rate design. Task C - Review Accounting Policies and Procedures 1. RJC will review the current policies and procedures used for keeping the utility books, to include depreciation policies, fixed asset booking and maintenance of CPR, procedures for booking utility and non-utility revenues to utility systems, and other policies and procedures as identified. 2. RJC will conduct a complete review of the City's utility chart of accounts and their appropriateness for utility accounting (for example: the cross-over of costs between the City's natural accounts to utility FERC accounts). 3. RJC will assemble and review DME accounting transactions for several years of operations to assist in identifying potential problems. Task D - Develop Recommendations 1. RJC will meet with City personnel to discuss the preliminary findings, to correct errors in understanding, clarify concerns, and discuss a range of potential solutions. 2. Based on the review, RJC will develop a report addressing the findings, and making recommendations on ways to address deficiencies in the utility accounting process. 3. As part of this report, RJC will present a new draft Task Order with a list of additional tasks that can be completed to insure that the accounting systems provide adequate information to allow the utility systems to operate properly. This draft Task Order will be for discussion purposes and will not indicate acceptance by the City ofRJC to continue work beyond the scope of services provided for in this Task Order No. 06-C. Budget The estimated budget for this Task Order is an amount not to exceed $55,000. This budget is based on hourly rates for labor and expenses necessary to complete the task. This budget will not be exceeded without prior approval of the City of Denton. RJC will bill monthly with supporting documentation of activities performed and expenses made. The termination date of this Task Order shall be on the earliest to occur of the following events: the data of completion of the work described herein; or the exhaustion of the $55,000 amount; or upon fifteen (15) days written notice to terminate, issued by the Director of Electric Utilities, DME. The work being performed will be under the supervision of the Director of Electric Utilities and the city's Chief Finance Officer and may be modified at any time upon appropriate notice to RJC. 3 Task Order No. 06--C Review Accounting Systems EXECUTED in four (4) original counterparts by a duly authorized officer ofRJC and by a duly authorized officer of the City of Denton, Texas on this the day of ,2006. AUTHORIZED BY: ACCEPTED BY: "CITY" "RJC" CITY OF DENTON, TEXAS A Texas Municipal Corporation R.J. COVINGTON CONSULTING, LLC By: By: ;? fl. ~ R. J. ct!vington, esident Howard Martin City Manager Dated: Dated: 11;,/" I / ATTEST: APPROVED AS TO LEGAL FORM: JENNIFER WALTERS, CITY SECRETARY EDWINM. SNYDER, CITY ATTORNEY Dated: ny/lvtO-P~ ~ Dated: I /')..3/ 0 (p I I By: S:\Our Documents\Contracts\06\R J Covington Consulting - Task Order 06-C - Accounting.doc 4 RICHARD J. COVINGTON, CPA Richard Covington is a certified public accountant and economist with over 25 years in the utility industry. His broad background includes cost of service and rate design, economic, financial and rate analysis, forecasting, integrated resource planning, management audits, merger and acquisitions, and contract development. He has served as Manager of Rate departments for both natural gas and electric utilities. Mr. Covington has prepared numerous rate studies and filed testimony on natural gas and electric rate issues in Texas, Georgia and Rhode Island. As a consultant, he has been very active at the Public Utility Commission of Texas (PUe), the Electric Reliability Council of Texas (ERCOT) and the Texas Legislature in addressing electric restructuring issues. Mr. Covington has represented clients on a number of committees during the restructuring of the electric industry and the subsequent development of the ERCOT Protocols. He continues to be active in monitoring the on-going ERCOT committees and PUC projects that address evolving electric industry restructuring issues. R.J. Covington Consulting is the consultant for two of the largest retail aggregation groups in Texas, working with approximately 120 municipalities to serve their municipal retail loads. EDUCATION M.5. - Economic Research North Texas State University, Denton, Texas B.B.A. - Marketing (with Honors) University of Texas, Austin, Texas PROFESSIONAL HISTORY R. J. Covington Consulting, LLC President Resource Management International, Inc. Executive Consultant Newport Electric Corporation Director of Rates and Load Research Southern Union Gas Company Manager of Rates and Economic Analysis Gilbertf Commonwealth Management Consultant EXHIBIT 3 1 Richard 1. Covington, CPA Page 2 of7 REPRESENTATIVE PROJECT EXPERIENCE Cost of Service and Rate Design Directed preparation and filing of several transmission costs of service (TCOS) filings at the PUC for a municipal electric utility. Filed testimony and rebuttal testimony to defend TCOS filing. Worked with attorneys on preparation of cross-examination and preparation of briefs. Final order approved full requested amount. Have worked with clients to identify accounting and billing data issues and determine process to correct deficiencies for regulatory filings. Developed processes to provide reasonableness checks of data. Worked with client staff to evaluate accounting policies changes needed to address problems. As consulting project manager, directed and conducted allocated cost-of-service studies and rate design for gas and electric utilities. Activities included developing transportation and special industrial rates to prevent by-pass for natural gas companies, and developing interruptible, cogeneration standby, supplemental, and maintenance rates for electric utilities. As project manager, directed intervention on behalf of a Texas city in wholesale supplier rate filing. Intervention resulted in favorable changes to rate design provisions thereby minimizing financial impact of rate increases to the client. As Director of Rates and Load Research with the Newport Electric Corporation in Rhode Island, prepared the company's filings for fuel and purchased power cost adjustments and performed cost analyses for oil, gas, wood, coal, and nuclear generation. Represented the company before the Rhode Island Public Utility Commission in rate filings, reconciliations, and forecasts of fuel costs for upcoming periods. As expert witness, prepared testimony in numerous rate filings before jurisdictions throughout the United States. Representative expert testimony issues include: . Weather Normalization and Price Elasticity Adjustments Public Utility Regulatory Policies Act-Cogeneration and Independent Power Producers Contracts Purchased Power Adjustments Fuel Adjustments Oil Conservation Adjustments Electric Cost-of-Service and Rate Design Natural Gas Cost-of-Service and Rate Design Long Range Energy Plan Debt Service Coverage Unbundling Rate Filings Transmission Cost of Service Rate Filings . . . . . . . . . . Richard 1. Covington, CPA Page 3 of7 As project manager, represented Texas irrigation districts in its electric supplier's rate filing resulting in substantial savings to the irrigation districts. Presented expert testimony on issues of allocated cost-of-service and the proposed revenue distribution, and rate design issues. Gained approval for voltage discounts for the districts' large irrigation schedules and obtained a tariff adjustment to reflect a voltage discount. Established that the supplier had charged inaccurate fuel costs. Successfully defended against a rate structure change and negotiated a movement towards an equalized rate of return. Intervened in the rate case of an electric wholesale G&T for a Texas electric utility. Prepared and presented testimony before the Public Utility Commission of Texas in support of the utility's proposed adjustments to wholesaler's debt service coverage. Served as project manager and expert witness for a Texas municipality's intervention in a supplier's rate case proceeding. Managed a review of federal income tax and costing issues associated with a utility's contributions-in-aid of construction (CIAC) policies. Filed testimony and participated in negotiations leading to a reduction in CIAC charged to the city by the utility and improved policies for construction by the utility within the city. Lead intervention for group of cities in an investor owned electric utility's Business Separation Plan and Unbundling Cost of Service cases. Intervention targeted the unbundling of costs and its impact on the state wide transmission rates paid by the cities. Key issues included the evaluation of transmission projects for the projected test year and the allocation of costs between the transmission function and other business activities. Worked with public power agency in filing and defending its transmission cost of service. Filing included special considerations associated with legislation I developed and assisted in getting into law to assist the power agency in addressing stranded cost issues. Electric Restructuring Have participated in most rulemakings at the Public Utility Commission of Texas related to restructuring in the electric industry. Represented clients on numerous issues, reviewing proposed rules, filing comments, participating in workshops and evaluating the impact of proposed rules on clients. Have participated in various committees and task forces at ERCOT, representing clients and participating in the development of the new market structure, policies, guidelines and subsequent protocols. Served as Co-Chair of the Cost-Benefit Concept Group (CBCG) at ERCOT. The CBCG was charged with facilitating and coordinating a cost-benefit study by an independent consultant to evaluate the potential benefits of moving from the current zonal market design to a nodal market design in ERCOT. Led monthly stakeholder meetings for a year and presented updates to the ERCOT Texas Nodal Team meetings, the voting stakeholder body that oversaw the five concept groups working on the nodal market design. Richard 1. Covington, CPA Page 4 of7 Served as alternate for City representative on ERCOT Transmission Market Operation Subcommittee (TMOS) representing the Transmission Dependent Utilities (TDU's). Participated in the ERCOT committee which established the new governance for ERCOT to comply with Senate Bill 7. Have represented clients on the ERCOT Protocol Revision Subcommittee. Work with clients to analyze contested and litigated issues related to electric restructuring and prepare positions to represent client's interest in proceedings at the PUC and in court. Examples of issues include treatment of Reliability Must Run units, Pre-Assigned Transmission Congestions Rights, and ERCOT transmission charges that have been overturned as a result of court rulings. Serve as consultant for two electric aggregation groups in ERCOT, providing for the power to serve municipal loads for over 120 municipalities in the state. Developed and issued the Request For Power. Evaluated responses and negotiated with suppliers to serve over 1.3 million megawatthours a year of retail energy to aggregation project members. Work with aggregation projects and supplier to facilitate switch-overs of over 14,000 accounts at market opening to the new retail energy provider. Work with aggregation groups to address energy related issues, such as development of energy efficiency plans, meeting Senate Bill 5 mandates for energy conservation, billing issues, service related issues from Transmission Distribution Service Provider, and other issues that arise in new retail market. Work with client in developing strategy to develop aggregation company in ERCOT. Advise client on issues related to acquiring and serving load in the new ERCOT retail market. Power Supply As a team member, conducted power supply planning analyses as part of integrated resource planning activities for a Texas city in the Southwest Power Pool. The analyses included determining whether to invest in capital improvements to an existing generation plant or purchase additional capacity in order to meet peak demand requirements. Based on the analyses, recommended investing in the existing plant as the most cost-effective alternative. As project manager, directed and participated in power supply planning for a city in Texas. At direction of City Manager, evaluated power supply proposals from the present supplier and another interested party. Based on these evaluations, recommended further investigation to include other low-cost providers in the state in order to achieve the most competitive pricing. Identified other suppliers and evaluated proposals from several additional low cost suppliers. Negotiated new power supply agreement reducing city's power supply costs by over twenty-five percent. Richard 1. Covington, CPA Page 5 of7 As project manager, directed development and issuance of Request For Proposals for Power Supply. Identified parties to send RFP to and evaluated proposals. Selection of provider included an analysis of the power market environment in ERCOT to determine best term length for contract as to when best time for City to re-enter market would be. Worked with City and supplier in negotiating three year contract for power, achieving significant savings to City. Worked with City to evaluate options to give notice to terminate power supply contract. Had informal discussions with several potential suppliers to determine their ability to beat current costs of power. Evaluated current and projected short term market for power in ERCOT and made recommendation to extend contract another year. Have worked with numerous major U.S. energy providers and marketers on issues ranging from power supply Requests For Proposals (RFP's) to sale of generating assets. Have met with top management at most major power companies doing business in ERCOT. Developed power supply agreement to transition client from primarily a generator of electricity to primarily a wholesale purchaser of electricity. Negotiated power supply agreement to transition client through change in a way that took into account the changing restructured market in ERCOT and the changing availability of supply of power. In negotiating power supply agreements, have dealt extensively with related issues such as: provision of ancillary services under current ERCOT structure; provision of ancillary services and settlement issues under single control area to be implemented June 1, 2001; provision of transmission service, interconnect issues, losses; and other issues affecting power supply to a Transmission Distribution Service Provider (TDSP) in ERCOT. Have been project manager for developing, issuing and evaluating power supply RFP's for a number of clients interested in reducing power costs. Have evaluated costs under existing and proposed regulatory rules and assisted clients in identifying reliable low cost providers of electric power. Other Relevant Experience Have worked with various clients on transmission billing issues under PUC rules as they have evolved. Have assisted clients by auditing bills from suppliers to insure that charges for transmission service and losses are consistent with the current ERCOT matrices and PUC rules. Represented clients on transmission and ancillary service issues at ERCOT, including reliability must-run issues, congestion management rights, self-provision of ancillary services, ERCOT administrative fee, and other issues. Richard 1. Covington, CPA Page 6 of7 Have served as advisor to utility management on numerous issues, including: contract evaluations and negotiations, service territory issues, market restructuring, changing ERCOT and ruc rules, competitive position in changing market, rate structures, and decisions ranging from sell of generation assets to sell of utility system. Richard 1. Covington, CPA Page 7 of7 PROFESSIONAL MEMBERSHIPS National Association of Business Economists Texas Society Of Certified Public Accountants HONORS AND FELLOWSHIPS Omicron Delta Epsilon Honor Society Beta Gamma Sigma Honor Society Teaching Fellow in Micro- and Macro-Economics, North Texas State University SEMINARS CONDUCTED "Cost Allocation & Rate Design - Natural Gas," The University of Texas Regulatory Institute Fundamental Issues in Utility Rate-Making, 1990. "Adjusted Value Rate Base," Texas Gas Association, 1985. "Development of Standby Rates," New England Utility Rate Forum, 1988. "Cost Recovery," Texas Public Power Association's "The Electric Utility Business . From the Top, 1991." "Financial Statements," Texas Public Power Association's "The Electric Utility Business. From the Top, 1991." RESUME OF GERALD W. TUCKER Education BSBA, Accounting, University of Arkansas - 1968 Registration Certified Public Accountant Memberships American Institute of Certified Public Accountants Texas Society of Certified Public Accountants Institute of Management Accountants Jan. 1993 to Current Consultant providing assistance in accounting and financial matters for regulated utilities, management audit services for utility systems and cost damage quantification services. Served as arbitrator on dispute regarding utility accounting issue. Regulated utility services include supporting multi-jurisdictional utility systems that are members of holding company systems. Areas of support are: cost of service development; rate base development; lead/lag studies; affiliate transactions analysis and support; unbundling analysis and implementation for retail access; and, regulatory proceedings necessary to establish Regional Transmission Organizations. Prior Experience Vice President and CFO, The Nielsen-Wurster Group January 1990 to Dec. 1992 Duties included overall responsibility for accounting, personnel and financial areas of management consulting firm located in Princeton, NJ. Responsible also for management consulting in accounting and financial matters for regulated utilities and technical expertise in litigation support services on construction disputes. August 1986 - Jan. 1990 Controller of Central Power and Light Company (CPL), Corpus Christi, Texas. CPL was a member of the American Electric Power Company. System (AEP) (formerly Central and South West Corp. (CSW)) and served approximately 600,000 customers in a 44,000 square mile service territory in South Texas. CPL was part owner of the two-unit South Texas Project nuclear power plant. Responsible for all accounting functions including: tax, property, general and financial, budgets and payroll. Duties included reporting to the Securities and Exchange Commission, the Federal Energy Regulatory Commission (FERC) and primary responsibility for all rate filings in the retail and wholesale jurisdictions. The Controllers department included approximately 80 professional and clerical employees. EXHIBIT 4 Page 1 of2 July 1974 - 1986 Southwestern Electric Power Company (SWEPCO), Shreveport, LA. Duties at SWEPCO, also a member of the AEP System, were primarily related to regulatory accounting matters. At time of leaving SWEPCO, position was Manager of Accounting Services with responsibility for regulatory accounting, budgets, financial reporting and property accounting functions. Previous position was Supervisor of Regulatory Accounting with responsibility for all financial issues in rate filings before three state utility commissions and the FERC. During this five year period the regulatory accounting area was staffed and provided support for 15 rate filings. Other duties included negotiation of power contracts and the sale of power production facilities to other public and private utilities. 1968 - 1974 Worked as accountant in the budgeting and internal and external reporting department for SWEPCO from June 1968 to October 1971. From October 1971 to June 1974 worked as accountant for a bus manufacturing company and a dairy processing company, prior to rejoining SWEPCO in July 1974. Testimony Experience as witness in regulatory proceedings in Texas, Arkansas, Louisiana, Georgia, Oklahoma and FERC jurisdictions. Served as expert witness in various construction disputes. Page 2 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DRAFT MINUTES PUBLIC UTILITIES BOARD JANUARY 23,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, January 23,2006 at 9:10 a.m. in the Service Center Training Room, City of Denton Service Center, 90l-A Texas Street, Denton, Texas to consider the specific agenda items listed below under the Open Meeting section of this agenda. Present: Chair Newell, George Hopkins, John Baines, Phil Gallivan and Bob Bland EX OFFICIO MEMBER: Howard Martin, City Manager Absent: Bill Cheek Chair Newell called the meeting to order at 9:10 a.m. OPEN MEETING CONSENT AGENDA: 5) Consider approval of Task Order No. 06-C with RJ. Covington Consulting, LLC for review of City accounting systems used to support utility and solid waste functions. Hopkins moved to approve with a second from Gallivan. The motion was approved by a vote of 6-0. Exhibit 5 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 CM: Parks and Recreation Department Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 20 by creating Article V entitled "Fences;" providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND On January 17,2006, staff presented Article V "Fences" to be reviewed for possible inclusion in Chapter 20 (Nuisances) of the City of Denton Code of Ordinances. The main provisions of the ordinance specify that fences must be maintained in good repair and allow for the removal of fences except in circumstances in which the fence is required pursuant to other regulations. No modifications to Article V "Fences" were requested by the City Council during this work session. The Council directed that this item be placed on the February 7th City Council consent agenda. OPTIONS City Council may approve or deny the recommendation to adopt the amendments to Article V "F ences" for inclusion in Chapter 20 (Nuisances) of the City of Denton Code of Ordinances or request staff to submit an alternative not listed. RECOMMENDA TION Staff recommends adoption of Article V "F ences" for inclusion in Chapter 20 (Nuisances) of the City of Denton Code of Ordinances. PRIOR ACTION/REVIEW January 17,2006 City Council Work Session FISCAL INFORMATION No fiscal impact. EXHIBITS 1. Article V. Fences (Ordinance) Respectfully submitted: Janet Fitzgerald, Director 1 Prepared By: " w~. 'i, ,;.qA'~ ~"A~,^"--..A dj!, r.; "" "';: 7~.r~\~ ';iJ~ k.~~7;' \4 ;12\ (,ji, Lancine Bentley Program Area Manager 2 S: lOur Documents IOrdinances I06\F encesOrdinance3. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 20 BY CREATING ARTICLE V ENTITLED "FENCES"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Article V titled "Fences" of Chapter 20 of the Code of Ordinances of the City of Denton is hereby created and it shall read as follows: ARTICLE V. FENCES Sec. 20-171. Definitions. Designee means the city manager or his duly appointed representative. Owner means any person or entity shown as the property owner on the latest property tax assessment rolls or any person having or claiming to have any legal or equitable interest in the property, including any agent who is responsible for managing, leasing or operating the property and including any tenant. Sec. 20-171. Maintenance of fences. (a) The owner of any property shall replace broken, damaged, removed or missing parts of a fence within ten (10) days of, the day the owner received notice from the designee, with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. The designee may, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The designee shall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the designee a written scope and schedule detailing materials and estimated time period of the completed replacement for approval. No person shall use materials not specifically manufactured as fencing materials such as plywood, corrugated steel panels, or fiberglass panels as fencing materials. (b) An owner shall maintain all fences in sound structural condition. (c) All owners shall maintain fences, including those existing prior to the adoption of this chapter, at all times in a state of good repair, safe and secure condition with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed. EXHIBIT 1 S: lOur Documents IOrdinances I06\F encesOrdinance3. doc (d) A fence or wall on the property shall not preclude the property owner's responsibility to maintain and keep the area between the fence or wall and the back of the curb, the edge of the pavement, or any adjacent property line free and clear of debris and high weeds. (e) It is a defense to prosecution under subsection (a), if an owner completely removes a fence which was in disrepair, provided that the owner is not required to keep a fence pursuant to any other law or regulation. (See Section 20-174). Sec. 20-172. Abatement and notice procedures. The abatement and notice procedures provided for in Sections 20-131 through 20-134 shall apply to violations of this section and this article. Sec. 20-173. Proof requirements. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article. Sec. 20-174. Applicability of other laws regarding fences. Nothing in this article shall limit any other requirements regarding fencing, including but not limited to requirements established by the following: (a) Homeowner's Associations; (b) The Denton Development Code, including Chapter 13 ofthe Code; (c) Regulations relating to businesses where alcohol is sold; (d) Regulations regarding swimming pool fences; (e) Zoning requirements; and (f) Any other applicable local, state, or federal law regarding fencing requirements. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas here by declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the provISIOns, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision ofthis ordinance is violated shall constitute a separate offense. Page 20f3 S: lOur Documents IOrdinances I06\F encesOrdinance3. doc SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper ofthe City of Denton, Texas, within ten (10) days ofthe date of its passage. PASSED AND APPROVED this the _ day of ,2006. EULINE BROCK, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER CITY ATTORNEY BY: ~:__._. . "'-, "'(. .. ..- . .... - . ... -... -. - ..... ".. ...--- - .i.~ ;":"".-.r"' - =.;-.. . - -. Page 3 of3 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 CM: Parks and Recreation Department Howard Martin, 349-8232 .. DEPARTMENT: SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas amending the provisions of Chapter 20 by creating Article VI entitled "Certain Parking Regulations;" providing for a severability clause; providing for a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; and providing for an effective date. BACKGROUND On January 17,2006, staff presented Article VI. "Certain Parking Regulations" to be reviewed for possible inclusion in Chapter 20 (Nuisances) of the City of Denton Code of Ordinances. The main provisions of the ordinance specify that vehicles cannot be parked on unimproved surfaces, no on-street parking ofRV's, boats, trailers, and campers, and limits the number of used cars for sale on private property to one vehicle, other than at businesses involved in the sale of vehicles. The Council directed that the Article be modified by providing an affirmative defense for: . "No person shall park a vehicle upon any street in the city for the purpose of: (2) washing, greasing or repairing such vehicle, except repairs necessitated by an emergency" of Sec.20-l8l. The Council directed that the Article be modified to provide an option to residents to sell one vehicle either on their driveway or on the street in front of their property providing the sale vehicle meets all state and local laws regarding on-street parking. The Council directed that the Article be modified by deleting: . "It shall be unlawful for any person to fail to maintain all improved parking surfaces in good and safe condition, and free of any defects affecting the use, safety, appearance or drainage of the surface or of the adjoining property" of Sec. 20-184. The Council directed that this revised item be placed on the February 7th City Council consent agenda. OPTIONS City Council may approve or deny the recommendation to adopt Article VI "Certain Parking Regulations" for inclusion in Chapter 20 (Nuisances) of the City of Denton Code of Ordinances or request staff to submit an alternative not listed. RECOMMENDA TION Staff recommends adoption of Article VI "Certain Parking Regulations" for inclusion in Chapter 20 (Nuisances) of the City of Denton Code of Ordinances. 1 PRIOR ACTION/REVIEW January 17,2006 City Council Work Session FISCAL INFORMATION No fiscal impact. EXHIBITS 1. Article VI. "Certain Parking Regulations" (Ordinance) Respectfully submitted: Janet Fitzgerald, Director Prepared By: " w~. 'i, ,;.qA'~ ~"A~,^"--..A dj!, r.; "" "';: 7~.r~\~ ';iJ~ k,~~7;; \4 ;12\ (,ji, Lancine Bentley Program Area Manager 2 S: lOur Documents IOrdinances I06\RecreationalCommercialV ehicleParkingOrdinance2.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 20 BY CREATING ARTICLE VI ENTITLED "CERTAIN PARKING REGULATIONS"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Article VI titled "Certain Parking Regulations" of Chapter 20 of the Code of Ordinances ofthe City of Denton is hereby created and it shall read as follows: ARTICLE VI. CERTAIN PARKING REGULATIONS Sec. 20-180. Definitions. Improved surface means an area paved with concrete, asphalt or comparable surfacing, constructed to standards on file in the office of the Director of Engineering. All improved surfaces shall be constructed in compliance with any applicable standards set forth in the Denton Development Code and the City of Denton Transportation Criteria Manual. Motorcycle means a motor vehicle designed to propel itself with not more than three wheels in contact with the ground. The term does not include a tractor or any other self-propelled farm equipment. Motor vehicle for the purposes of this article shall only include passenger cars, pickup trucks and motorcycles. Passenger car means a self-propelled vehicle designed or used primarily for the transportation of persons upon streets and does not include truck-tractors, trailers, campers, recreational vehicles, travel trailers or farm tractors. Street means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel. Truck-tractor means a motor-driven vehicle designed and used primarily for drawing another vehicle and not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn. Vehicle means a device in or by which a person or property is or may be transported or drawn on a public highway, or on any waterway and shall include all motor vehicles, trailers, campers, camper shells, wheeled towing frames, recreational vehicles, truck-tractors, travel trailers, self- propelled farm equipment, motor-boats or boat trailers. For the purposes of this article, vehicles S: lOur Documents IOrdinances I06\RecreationalCommercialV ehicleParkingOrdinance2.doc shall not include non-motorized bicycles, skateboards, roller skates, or any other non-motorized toy vehicle. Sec. 20-181. Parking for certain purposes. No person shall park a vehicle upon any street in the city for the purpose of: (1) Displaying such vehicle for sale, unless this is allowed under Sec. 20-l82(a); (2) Washing, greasing or repairing such vehicle; (3) Advertising or soliciting business; or (4) Selling merchandise from such vehicle. It shall be an affirmative defense to prosecution under subsection (2) if the repair was necessitated by an emergency and if the repair was done or the vehicle was towed away within twenty hours ofthe time the vehicle broke down or ceased to operate properly on the roadway. Sec. 20-182 Vehicles for Sale. (a) No person may have or allow more than one used vehicle for sale on private property. Such vehicle may be parked on the driveway or may be parked on the roadway directly in front of the property provided that such parking on the roadway is legal and is in compliance with all applicable city ordinances and state laws regulating parking of vehicles including overnight parking restrictions. (b) No vehicle for sale may be on any right-of-way or easement nor may any vehicle for sale be within 100 feet of the right-of-way or easement except for vehicles for sale in compliance with subsection (a) of this Section. (c) Subsection (b) shall not apply if the vehicle for sale is parked on the improved portion of the residential property. (d) This section shall not apply to any new or used car dealerships provided that the car dealership is in compliance with all state laws and city ordinances. Sec. 20-183. Parking not to obstruct traffic. (a) No person shall park any motor vehicle upon a street or alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the movement of vehicular traffic. (b) No person shall park any vehicle upon the street in any manner as to obstruct the loading or unloading of any solid waste container. Page 2 of 4 S: lOur Documents IOrdinances I06\RecreationalCommercialV ehicleParkingOrdinance2.doc Sec. 20-184. Parking nuisances. (a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to park in violation of the following provisions: (1) It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer or any vehicle other than a motor vehicle on any public right-of-way in any residential zoned district. (2) It shall be unlawful for a person to park or store or allow another to park or store a vehicle in the front yard of any property upon any surface other than an improved surface. Any improved surfaces used or added for the purpose of parking vehicles on any front yard of any lot shall be in compliance with the Denton Development Code and any other applicable ordinances. (3) It shall be unlawful for any person to park or store or allow another to park or store a vehicle in the side yard or in the rear yard of any lot, upon any surface other than an improved surface unless such vehicle is concealed from view from all points along public streets and alleys by a solid, opaque fence or wall providing full screening from the ground to a minimum height of six feet. Any fencing must be in compliance with the Denton Development Code and all applicable ordinances and laws regarding fencing. (4) It shall be unlawful for any person to park or store or allow another to park or store a vehicle on any unimproved lot, easement, or right-of-way. (6) It shall be unlawful to use a vehicle for living or sleeping quarters, or for the storage of trash, debris or personal property not normally associated with the vehicle. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas here by declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the provISIOns, sections, subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200) per day. Each day that a provision ofthis ordinance is violated shall constitute a separate offense. Page 3 of 4 S: lOur Documents IOrdinances I06\RecreationalCommercialV ehicleParkingOrdinance2.doc SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper ofthe City of Denton, Texas, within ten (10) days ofthe date of its passage. PASSED AND APPROVED this the _ day of ,2006. EULINE BROCK, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER CITY ATTORNEY BY: Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 CM: Transportation Operations Howard Martin, City Manager" DEPARTMENT: SUBJECT Consider adoption of an ordinance approving assignments of a certain commercial airport operator's lease between JVC Real Estate, LLC and 4845 Lockheed Associates, Ltd and approving a subsequent assignment and sublease from 4845 Lockheed Associates, Ltd to JVC Hangars, LLC; approving a fractional interest concept which subdivides the JVC Real Estate, LLC lease into three separate units allowing a partial transfer, sublease and assignment of these units subject to compliance with city code requirements; delegating to the Airport Advisory Board the authority to approve assignments from JVC Hangars, LLC or any successor in interest of the fractional units; and providing an effective date. Airport Advisory Board recommends approval 4-2. BACKGROUND Dr. John Vann, JVC Real Estate has requested that the City of Denton consider the proposed assignment of the JVC Real Estate LLC commercial airport operator lease agreement to 4845 Lockheed Ltd. to facilitate a fractional interest hangar ownership concept. JVC Real Estate currently owns and operates a three-unit aircraft hangar totaling 10,800 square feet with each unit comprising approximately 3,600 square feet. This concept involves an additional assignment from 4845 Lockheed Ltd., the General Partnership, to JVC Hangars, LLC of three limited partnerships. JVC Hangars, LLC will initially own all three limited partnerships with the right to transfer these limited partnership interests. The three limited partnership interests will correspond to the three 3600 square foot hangar units. The General Partnership will continue to be the tenant under the master airport ground lease and, accordingly, will be responsible for the expenses of the tenant, including paying rent and insurance premiums and other required administrative expenses. The General Partnership will carry the insurance required under the master ground lease. Each limited partner will be responsible to the Partnership for paying its share of the master ground lease expenses and other expenses of the Partnership, including rent and insurance premiums. The General Partner will collect such expenses from each of the Partners and will cause the Partnership to pay all sums for which the Partnership is obligated under the master ground lease. The entire flow of the transaction from JVC Real Estate to the 4845 Lockheed Ltd Partnership to JVC Hangars, LLC to the final limited partners is shown on the diagram attached as Exhibit A. The ordinance also delegates to the Airport Advisory Board and Airport Management the right to approve any assignments and subleases from JVC Hangars to the three limited partnerships. The Airport Advisory Board and staff would have the right to approve the final transfer of the three hangar units. 1 Similar concepts have been embraced by at least three other area airports, Addison, Arlington and Collin County Regional. The concept allows aircraft owners and operators an opportunity for ownership in a hangar rather than the uncertainty of a lease agreement through a commercial hangar operator. Furthermore, this ownership has proven to instill a since of pride in the hangar owner which has resulted in higher property values through increased investment in the structures. This also results in the improved professional image of the airport as a whole as ownership serves as an incentive to maintain the premises and additional investment by the owner/operator in services located on his or her base airport. As a condition to the assignment, 4845 Lockheed Associates, Ltd has agreed to the standard Assignment language requiring a $500 transfer fee and has agreed to pay administrative costs associated with processing the assignment. ESTIMA TED SCHEDULE OF PROJECT The lease assignments, sublease and the amendment would become effective immediately, February 7, 2006 and continue through the term of the lease, September 20, 2034. 4845 Lockheed Associates, Ltd will have the opportunity to return to the Airport Advisory Board to seek assignments of the limited partnerships at a later date and on as needed basis. PRIOR ACTION/REVIEW The City Attorney has reviewed the lease assignment. The Airport Advisory Board recommends approval of the assignment, sublease and the fractional interest hangar concept 4-2 provided that the facility meets all applicable City Code requirements. FISCAL INFORMATION A $500 transfer fee will be required and an administrative fee for reasonable attorneys fees and staff time will also be due. No increase will be applied to the lease rate. EXHIBITS 1. Ordinance 2. Assignment to 4845 Lockheed, Ltd. 3. Assignment to JVC Hangars, LLC 4. Sublease Agreement 5. Exhibit A Respectfully submitted: -nf'aI' &AA- Mark Nelson Chief Transportation Officer 2 S:\Our Documents\Qrdinances\06\Assignment of pad site NC.4845.doc ORDINANCE NO. AN ORDINANCE APPROVING ASSIGNMENTS OF A CERTAIN COMMERCIAL AIRPORT OPERATOR'S LEASE BETWEEN NC REAL ESTATE, LLC AND 4845 LOCKHEED ASSOCIATES, LTD AND APPROVING A SUBSEQUENT ASSIGNMENT AND SUBLEASE FROM 4845 LOCKHEED ASSOCIATES, LTD TO NC HANGARS, LLC; APPROVING A FRACTIONAL INTEREST CONCEPT WHICH SUBDIVIDES THE NC REAL ESTATE, LLC LEASE INTO THREE SEPARATE UNITS ALLOWING A PARTIAL TRANSFER, SUBLEASE AND ASSIGNMENT OF THESE UNITS; DELEGATING TO THE AIRPORT ADVISORY BOARD THE AUTHORITY TO APPROVE ASSIGNMENTS FROM JVC HANGARS, LLC OR ANY SUCCESSOR IN INTEREST OF THE FRACTIONAL UNITS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, John Vann, President of NC Real Estate, LLC has proposed a "Fractional Interest Concept" C"Concept") whereby the hangar and office improvements erected on NC Real Estate, LLC's Commercial Operator's Lease ("Lease") at the Airport dated September 21, 2004 of .455 acres of land would be split into three separate units which could be subsequently assigned, conveyed or subleased under a partnership agreement; and WHEREAS, the Airport Advisory Board C"Airport Board"), at its meeting of January 27, 2006, recommended the City Council approve this Concept and the Assignment of the Lease from NC Real Estate, LLC to a partnership known as 4845 Lockheed Associates, Ltd. ("Partnership") and a subsequent assignment and sublease from the Partnership to NC Hangars, LLC, subject to the improvements meeting all applicable City Code requirements, including applicable fire suppression and/or area separation requirements; and WHEREAS, the Concept involves the ultimate transfer and sublease of the separate hangar/office units to limited partners of the Partnership provided that the Partnership and previous assignors remain fully liable and responsible for compliance with all the terms of the Lease in case of a default and the Partnership will remain primarily responsible for paying the rent and performing all the lessee's obligations under the Lease; and WHEREAS, the City Council deems it in the public interest to approve the Concept and the requested assignments and sublease and to delegate to the Airport Board the authority to approve the assignment transfer and sublease of the separate units under the Lease to the limited partners; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Council approves the Concept set forth above subject to the hangar/office improvements meeting all applicable City Code requirements, including applicable fire suppression andlor area separation requirements, the City Manager, or his designee, is hereby authorized to execute an Assignment of a leasehold interest in the Airport Lease Agreement Commercial Operator at the Denton Municipal Airport described above from NC Real Estate, LLC to 4845 Lockheed Associates, Ltd., in substantially the form of the Assignment Exhibit 1 , . s:\Our Documents\Ordinances\06\Assignment of pad site NC-4845.doc attached to and made a part of this Ordinance for all purposes, to evidence the City's consent to the Assignment. SECTION 3. After the Lease has been assigned to 4845 Lockheed Associates, Ltd., the City Manager, or his designee is hereby authorized to execute an Assignment of a leasehold interest in the Airport Lease Agreement Commercial Operator at the Denton Municipal Airport described above and a Sublease of that interest from 4845 Lockheed Associates, Ltd. to NC Hangars, LLC, in substantially the form of the Sublease and Assignment attached to and made a part of this Ordinance for all purposes, to evidence the City's consent to the Assignment. SECTION 4. The City Council hereby delegates the authority to the Airport Board to approve the assignments and subleases, and transfers of the separate hangar/office units under the Lease from NC Hangars, LLC to limited partners under the Concept provided that all previous assignors, including NC Real Estate, LLC, the 4845 Lockheed Associates, Ltd. Partnership and NC Hangars, LLC shall remain fully responsible for compliance with the Lease terms and conditions in the event of a default and the Partnership shall remain primarily responsible for performance of all the obligations of the Lease. This additional authority amends Chapter 3 of the City Code and shall give the Airport Board final authority in approving this and similar transactions. SECTION 5. Save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of Chapter 3 of the City Code shall remain in full force and effect. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER W ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of2 S;\Our Documents\Contracts\06\JVC-4845 Lockheed Assignment.doc LEASE ASSIGNMENT OF COMMERCIAL OPERATORS LEASE AT DENTON MUNICIPAL AIRPORT DATE: February -.J 2006 ASSIGNOR: NC Real Estate, LLC ASSIGNEE: 4845 Lockheed Associates, Ltd. LEASE: Date: Landlord: Tenant: Premises: September 21,2004 City of Denton, Texas Ne Real Estate. LLC Approximately.455 acres of land located at 4845 Lockheed Lane. Denton, Texas 76207 and more fully described in the Attachment A and B which is made a part of this Assignment for all purposes. Assignor assigns to Assignee Tenant's interest in the lease. A Assignee Agrees To: I. Assume Tenant's Obligations under the Lease. 2. Accept the premises in their present "as is" ~ndition. 3. Complete all obligations of purchase from Assignor pnor to this Assignment becoming effective. Landlord consents to this assignment. Landlord agrees to notify Assignor within 30 days of any Assignee default. . . B. Assignor agrees as a condition of Landlord's consent to this Assignment that: 1. Assignor will remain liable on the Lease should Assignee default on the Lease. 2. Assignor will payor will have the Assignee pay the Landlord a $500 transfer fee. 3. Assignor will payor will have the Assignee pay all the Landlord's administrative costs of handling and processing this assignment, including without limitation, all Landlord's reasonable attorneys fees and Landlord's staff time associated with this assignnient. . PREVIOUS ASSIGNMENTS: None C Real Estate LLC, John Vann, President, Assignor s:\Our Documents\Contracts\06VVC-4845 Lockheed Assignment-doc F 4845 Lockheed Associates, Ltd, Assignee . .,.c.I City ofDento~ Landlord Howard Martin, Interim City Manager Attest: J ennifer Walters, City Secretary By: Approved as to Legal Form: Edwin M. Snyder, City Attorney STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 10 day of. \M\~""'" . 20 o\.,q. by John Vann, President of JVC Real Estate, LLC. a State of Texas corporation, on behalf of said corporation. [SEAL] ~~.r!f.'?k BRANDT HEITZMAN n1~>:'(~ Notary Public, State of Texas a : :~ My Commission Expires ~1.~ Mav 12. 2008 ~D My Commission Expires S/I t../tJ I (or Notary Stamp) · I Page 2 of3 S:\Om Documents\COIItracts\06\JVC-484S Lockheed Assignment.doc STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the .~ day of J Mv..c-Lo..I, 200\0 ,by '30"'-...... (.\. \J C...J"'\" . of 4845 Lockheed Assoc"ates, Ltd. [SEAL] BRANDT HEITZMAN Notary Public. 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If: " ~ . t ~ If ~~~.~~~~~~~~~!~~~~w~~:~~~~~ Q"" o..~~... y,~1I- 111111& Z ~ l) W .....:j /' ~q;! . r~Jw'1 .., =-a:""""''''!1~ ;~:~:;H:...iUiiU~ It'....~..,;'t~~~ II: III ti~~~i"~~~ L.il :111 I -,.f;.lii,: .. w.. ,11 I ~~~;~r.:,~ It:: I I ..,. i I ~ I I I mHOUT ENBOSSED ~ BE .... ~ J.......~ +;':i g l~~t.~ I-J~ ~ 1Iu"l I..: ~ I". ~1.(. Ll.. I... ..1tN (l. 1l';) tt1."~1 O~fB:LL~:." ~, ('i (.. ... ,~.J... ';I.. ~ c.i ~\:<-" '~d" ~ 'I -". "....-.-. ~.-......~ . L s:\Qur Doeuments\Contracts\06\4845 T.ockheed.JVC Hangars Assignment.doc LEASE ASSIGNMENT OF COMMERCIAL OPERATORS LEASE AT DENTON MUNICIPAL AIRPORT DATE: February . 2006 ASSIGNOR: 4845 Lockheed Associates, Ltd. ASSIGNEE: JVC Hangars, LLC LEASE: Date: Landlord: Tenant: Premises: September 21, 2004 City of Denton, Texas 4845 Lockheed Associates, Ltd. Approximately .455 acres of land located at 4845 Lockheed Lane, Dento~ Texas 76207 and more fully described in the Attachment A and B which is made a part ofthis Assignment for all purposes. Assignor assigns to Assignee Tenant's :interest in the lease. A. Assignee Agrees To: 1. Assume Tenant's Obligations under the Lease but Assignor shall remain primarily responsible for the performance of the obligation of the Lease. 2. Accept the premises in their. present "as is" condition. 3. Complete all obligations of purchase froni Assignor prior to this Assignment becoming effective. Landlord consents to this assignment. Landlord agrees to notify Assignor within .30 days of any Assignee default and to notify Assignee in the event of Assignor's default. B. Assignor agrees as a condition of Landlord's consent to this Assignment that: 1. Assignor will remain liable on the Lease and, should Assignor default on the Lease, Assignee will remain liable for performing all obligations under the Lease. 2. Assignor will payor will have the Assignee pay the Landlord a $500 transfer fee. 3. Assignor will payor will have the Assignee pay all the Landlord's administrative costs of handling and processing this assignment, including without limitation, all Landlord's reasonable attorneys fees and Landlord's staff time associated with this assignment. PREVIOUS ASSIGNMENTS: None 5 Lockheed Associates, Ltd.; Assignor #II' (. S;\Our Documents\COIlIrads\06\484S Lockheed-JVC Hangars Assignment.doc C Hangars, LLC, Assignee ...... City ofDentoD.; Landlord Howard Martin, Interim City Manager Attest: Jennifer Walters, City Secretary By: Approved as to Legal Form: :mn M. Sn~. C~ttomey STATE OF TEXAS COUNTY OF DENTON -- This instrument was acknowledged before me on the --&tQ. day of Ja HU ~ . 20 ~ by 4845 Lockheed Associates, Ltd., a State of Texas corporation, on behalf of said corporation. ,,'1V~':;, BRAND HE .f..~~.. .$frO':'" T ITZMAN 'Hi' .~~ Notary Public, State of Texas \~f.' !{~ My Commission Expires ~r~~ ~ MaV l2, 2008 [SEAL] Page 2 of3 S;\Our Doc::wnents\Contracts\06\484S Lockheed-NC Hangars Assignment.doc STAlE OF TEXAS COUNTY OF DENTON Tbis instrument was acknowledged before me on the ~ day of y ctH ~ . 20 ~ by 3"0/,1" 1/ th'Ut . of John Vann, President of Ne Hang LLe. ~&J: N6tary Public, State of 'Ii . , My Commission Expires S// 2../1 ~ I { (or Notary Stamp) [SEAL] .."'....,~ ll~~~.'~~~\ BRAND~ HEITZMAN : : e Notary PubliC. State of Texas ~~. ~'~$ My Commission Expires -'" ~~ ..., '\' May 12, 2008 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _ day of , 20_, by Howard Martin, Interim City Manager on behalf the City of Dento~ Texas, a municipal corporation. [SEAL] Notary Public, State of Texas My Commission Expires (or Notary Stamp) Page 3 of3 , . 1 t r ~ 1 ,," ....../.i ~ .~.ot- >. Attac.htne.nt A ~Loc~~~d__ '; )~l;~;i['~::':':i:'~:~lf~"~'~/ ' '0', _\:...\. . ~ ':""';' .../f:! , . .;.~...".. . ~ '. ~.tr.~i~ -::f;:~:~';-> 1j/ .: + :~ -,. >..', '. I ""':.'" /.._,-.,......!,/.;y..:/:. n.~' ":"<'. ';"~~(::~~>-:/<. .../ .. .... , :/'.".:.~: ~:::/ ,;I;:i;:': _~. ':{"".~ .: . . .. .1 ... :.'C ,- ~ "-, . ....., "":?l ~ ,; -,/'....-: - . . ) "'I' ---t-w J_~'!._~..J I · r--.~._-~, ., .' i r.-....1 . Goo 1M - i . ~ c.'. :- L-.~. ./ ! .' / 11 r 4 . . ~-,----, . ~.l . . l""- -....0....... 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I . _ ~ ~ , " I 11: , ~ 4 . , " 'HI ~ , I l; II ~ . t . , .6<1;,. ~~rt.~~t!I:..:~I!t!~=:~~WIt~::"I:.~~f': CJ.'P -O....!i!IE "*'11.. ........W1 Z ~ L) W ,....:j ../ ;.: ~'l " Y ~~':!' J ... ~.r~':'t..J2'~ ~!::i!!;e!-.i:~jn~~ ie'..p'h if II: II[ ~ei~ I\ile\ ~r , 1'1 .~~,~~~~~~ ~l "II ...11':.11,;.:......,;)1.,.,. ,.. 1 ~~~.." &~,~ t l ~ : i I ..,.llctlt i I : III WITHOUT EIOO8BED ~ SJW. .... i: ..r"........,;;~~....~ +,"." 0 1.1.,..; 1",,~i:I ~ "'"",4/ la.: ::. I". . I,.~. I!'J I. ..fiE: G."-:'" 1/1....1 ~J:" f- ~ .~.VI ',......."".. . ./~~~ ,~ ~ to. "t '~;... ~ ~.,>. 1I...._c~. .._.._.,.:-- . SUB-LEASE 1. PARTIES 1.1 The parties to this Sub-Lease are: 1.1.1 4845 Lockheed Associates, Ltd., a Texas limited partnership whose address is 1424 Gables Court, PIano, Texas 75075 (Attn: John Vann) ("Lessor"), and 1.1.2 JVC Hangars, L.L.C., whose address for purposes hereof is 1424 Gables Court, PIano, Texas 75075 (Attn: John Vann) ("Lessee") 2. GROUND LEASE; PARTNERSHIP; PREMISES 2.1 Lessor is the Lessee under that certain Airport Lease Agreement-Commercial Operator (the rlGround Lease") dated effective as of September 21, 2004, by and between the City of Denton, Texas, as Lessor, and JVC Real Estate, LLC, as Lessee, as assigned to Lessor, leasing and demising the real property and improvements described in Exhibit A (the "Property") attached hereto and made a part hereof. This Sub-Lease is subject to the provisions of the Ground Lease as it exists or may from time to time be amended. 2.2 This Sub-Lease is executed in connection with Lessee's acquisition of the Class A Limited Partner partnership interest in Lessor. This Sub-Lease is also subject to the provisions of the 4845 Lockheed Associates, Ltd. partnership agreement (the ttPartnership Agreement") as it exists or may from time to time be amended. 2.3 The "Premises" means and consists of "Unit A" as defined and described in the Partnership Agreement and as shown on the plat attached hereto as Exhibit B. In the event of conflict between the unit description in the Partnership Agreement and in this Sub-Lease, Exhibit B shall control. The "Premisest' also includes the exclusive use of the two L 2 -.l parking spaces numbered A-I and A-2, inclusive, as shown on Exhibit B. -1- Exhibit 4 3. DEMISE; QUIET ENJOYMENT; SUITABILITY 3.1 Lessor hereby LEASES and DEMISES the Premises to Lessee for the remaining term of the Ground Lease (that is, through September 20,2034) and any renewals or extensions thereof (the "Sub-Lease Term"). TO HAVE AND TO HOLD the same unto Lessee, its successors and assigns for the Sub-Lease Term. And Lessor does hereby bind itself, its successors and assigns to WARRANT and DEFEND for the Sub-Lease Term the Premises unto Lessee, its successors and assigns against the claims of all persons claiming by, through or Wlder Lessor, but not otherwise, and subject, however, to the Ground Lease and Partnership Agreement. 3.2 Upon the condition that Lessee shall timely and fully keep and perform all its covenants and fulfill all conditions imposed thereunder, Lessee shall have and enjoy the peaceable and quiet possession ofthe Premises for the Sub-Lease Term, subject only to the Ground Lease, the Partnership Agreement, Lessor's right of entry provided in 9.2.4 hereof and the rights of Lessor's mortgagee, if any, under Article 10 hereof relating to subordination of this Sub- Lease to mortgages of the Property. This express covenant of quiet enjoyment is in lieu of and supercedes any implied covenant of quiet enjoyment. 3.3 Lessee acknowledges that it has inspected the Premises and has determined that the Premises are suitable for its intended use. Lessee further acknowledges that Lessor has made no representations or warranties concerning the suitability of the Premises or regarding the soundness, quality or condition of the Premises or any component thereof or of the Property. Lessor hereby disclaims any implied warranties regarding the Premises or the Property, including any implied warranties of suitability. -2- 4. RENT 4.1 Beginning February 7, 2006, Lessee shall pay as rent to Lessor at its offices on or before the first day of each month during the Sub-Lease Term an amount equal to 33.33% C'Lessee's Percentage@) of the monthly rent and any other recurring monthly charges due under the Ground Lease for that month Lessor will not charge a premium or a mark-up or profit on it's Master Lease from the City of Denton. 4.2 Lessee shall also pay to Lessor on request as additional expenses, Lessee's Percentage of (a) ad valorem taxes assessed against the Property; (b) any other rents, expenses or other charges payable by Lessor as Lessee under the GroundLease; ( c) any insurance (hazard or liability) maintained by Lessor with respect to the Property; (d) costs incurred and reserves created by Lessor for repair, restoration and maintenance of the Property; and (e) any other cost or expenses for which Lessee as a limited partner of the Lessor is obligated under the Partnership Agreement, including, not exclusively, administrative expenses. Lessor will not charge a premium or a mark up or profit on it's Master Lease from the City of Denton. 4.3 Lessor, at its option may require Lessee to pay each month along with Lessee's Percentage of the Ground Lease rent, an amount equal to one-twelfth (lIl2th) of the annual amount of the additional expenses for which Lessee is obligated under the preceding 4.2 as estimated by Lessor in good faith. If this option in exercised, the amounts paid by Lessee pursuant to the 4.3 shall be held by Lessor in a separate account (with any interest earned thereon accruing to Lessee as its interest may appear) and the account shall be charged from time to time as necessary to pay 4.2 expenses. If there are insufficient funds in the account standing to the credit of Lessee to pay any 4.2 expenses due or to come due, Lessee shall pay the deficit to Lessor on request. -3- 5. USE 5.1 Lessee shall use the Premises only as an aircraft hanger is ordinarily used, and for other aviation-related purposes as permitted by the Grollild Lease Lessor, and for no other purpose. 5.2 Lessee shall at all time strictly abide by all rules and regulations of the Grollild Lease lessor, and shall not act or fail to act, or suffer on permit to suffer any act or omission in violation of such rules or regulation or in such a manner as to cause Lessor to be in violation of or suffer any penalty or sanction rmder the Grormd Lease. 5.3 Lessee shall have, in common with the Lessees of Units Band C, the non-exclusive right to use the Property except for those portions set apart for the exclusive use of the Lessees of Units Band C respectively, subject, however, to such rules and regulations as Lessor may in its reasonable discretion establish from time to time, and provided that any such rules and regulations are nondiscriminatory and apply to all Lessees of the Property uniformly. 5.4 Any violation of the Ground Lease or the rules and regulations of the Grormd Lease caused or suffered by any employee, licensee or invitee of Lessee shall he deemed to be a violation by the Lessee, regardless of whether Lessee has or exercises any control over the person causing or suffering the violation. 6. IMPROVEMENTS 6.1 Lessee shall make no alterations or improvements to the structural components of Premises or to the Property without Lessor's prior written consent which may be given or withheld in Lessor's arbitrary discretion. Unattached, moveable trade fixtures shall not be considered as improvements, provided that they can be removed without injury either to the Premises or to the fixtures. HV AC equipment, communications antermae and any other device or equipment the installation of which requires penetration of the roof, foundation or exterior walls shall be -4~ deemed improvements which require Lessor's consent. 6.2 Upon termination of this Sub-Lease, all structural alterations or improvements shall remain on the Premises and become the property of Lessor unless Lessor requests their removal. If Lessor requests removal Lessee shall remove same within seven days and shall repair to Lessor's satisfaction any penetrations or damage to the Premises caused by the installation, maintenance or removal. 7. MAINTENANCE; REPAIRS 7.1 Lessor shall maintain the roof, foundation and exterior walls of the hanger building and all other portions of the Property other than those required to be maintained by any unit Lessee in good condition and working order. 7.2 Lessee shall maintain in good condition and working order the following: 7.2.1 aircraft ingress/egress door and all other exterior doors providing access to the Premises and all exterior windows (including glass replacement); 7.2.2 all lighting and electrical fixtures affixed to that part of the hanger building enclosing Lessee's unit; 7.2.3 any fixtures attached to or improvements contained in the Premises or installed by Lessee; 7.2.4 all HV AC equipment, plrunbing, conduits, pipes or wires providing service to the Premises to the extent that same are located in, above, below or adjacent to the Premises; 7.2.5 those portions of the Property set apart for Lessee's exclusive use; and 7.2.6 Lessee's portion of the interior demising walles). 7.3 In the event of fire or other casualty to the Property, Lessor will repair or replace those parts -5- of the Property which it is obligated to maintain and Lessee will repair or replace those parts which is obligated to maintain. There shall be no abatement of rent as a result of any fire or other casualty to the Property or Premises. Each party shall commence its work promptly and diligently prosecute same to completion. Lessor shall have and there is hereby created in its favor a security interest in any insurance proceeds which may become payable to Lessee as a result of any casualty to the Premises, to secure Lessor in Lessee's performance of its obligations to repair or replace. Lessor is appointed as Lessee's agent and attorney-in-fact to submit proofs of loss, adjust claims and to receive insurance proceeds. Any such proceeds shall be held by Lessor and applied to the cost of repair or restoration. 8. INSURANCE; SUBROGATION WAIVER; INDEMNITY 8.1 Lessor and Lessee shall each maintain all-risks insurance in amounts sufficient to provide 100% of replacement cost for those portions of the Property which each is respectively obligated to maintain and repair. Lessor's and Lessee's deductible shall not exceed $5,000, and each party and such parties as is required by Article XII of the Ground Lease, shall be named as an additional insured on the other's casualty loss and liability policies. Liability coverage shall be not less than the amount and type of coverage required under Article XII of the Ground Lease for the lessee thereunder. If Lessee, Lessor and Lessor's insurance carrier agree, in lieu of Lessee obtaining separate insurance for the casualty loss or liability protection, Lessee shall be named as an additional insured on Lessor's policy. In such event: 8.1.1 Lessee shall pay directly or reimburse Lessor for Lessee's percentage of the premiums on request; 8.1.2 Lessee shall pay in connection with any loss or claim Lessee's percentage or any deductible or retention; -6- 8.1.3 In the case of a casualty loss policy proceeds shall be allocated fIrst to the costs in excess of Lessorts portion of the deductible for repair or replacement of the portions ofthe Property which Lessor is obligated to maintain, and then to Lessee's repair or replacement cost in excess of Lessee's percentage ofthe deductible, with any surplus being allocated as provided in 8.1.2 with reference to deductible; 8.1.4 Lessee shall maintain separate casualty insurance for the Premises contents not covered by the joint policy and its own liability coverage for claims; and 8.1.5 Nothing in 8.1.1 - 8.1.4 shall affect the subrogation waiver in 8.2 or the claim waiver and indemnity provided in 8.3 not within the scope of coverage provided by the joint policy. 8.2 Lessor and Lessee on behalf of themselves and their respective insurance carriers each waive in favor of the other any claims for damages or reimbursement for or on account of any loss to the extent of insurance coverage required hereunder and also to the extent of any deductible and any excess or umbrella coverage. 8.3 LESSEE W AlVES ANY CLAIM NOW OR LATER ARISING AGAINST LESSOR, LESSOR'S GENERAL PARTNER, ANY MANAGER OR MEMBER OF THE GENERAL PARTNER AND ANY AGENT OR EMPLOYEE OF THEM FOR ANY LOSS OR DAMAGES, INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY LESSEE AS A RESULT OF ANY ACT OR OMISSION BY ANY THIRD PARTY (THE "WAIVED CLAIMS") AND AGREES TO INDEMNIFY LESSOR, LESSOR'S GENERAL PARTNER, ANY MANAGER OR MEMBER OF THE GENERAL PARTNER AND ANY AGENT OR EMPLOYEE OF ANY OTHER THEM FOR ANY LOSS, DAMAGE OR LIABILITY -7- (INCLUDING COSTS OF DEFENSE AND AMOUNTS PAID IN GOOD FAITH IN SETTLEMENT) INCURRED BY REASON OF ANY CLAIM MADE BY LESSEE, ANY MEMBER, PARTNER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, LICENSEE OR INVITEE OF LESSEE BASED IN WHOLE OR IN PART ON ANY OF THE WAIVED CLAIMS. 9. DEFAULT; REMEDIES 9.1 Lessor's Default; Remedies. 9.1.1 If Lessor shall fail to pay any rents or other amounts when due under the Ground Lease or if Lessor shall fail to perform any other covenant under the Ground Lease, Lessee may pay the amount due or perform Lessor's obligation. The amounts so expended by Lessee shall be paid to Lessee by Lessor on demand, and may be set- off by Lessee against any amounts next coming due Lessor under this Sub-Lease until the entire amount is reimbursed. 9.1.2 If Lessor shall default in the performance of any obligation under this Sub-Lease, Lessee shall have the right to perform Lessor's obligation. The amounts so expended by Lessee shall be reimbursable on demand, and may be set-off by Lessee against any amounts next coming due Lessor under this Sub-Lease until the entire amount is reimbursed. 9.1.3 The right to cure and to receive reimbursement shall be Lessee's sole remedies in the event of Lessor's breach. 9.2 Lessee's Default; Remedies. 9.2.1 If Lessee shall default in the payment of rent and such default shall continue for more than five (5) business days after Mitten notice to Lessee, or if Lessee shall -8- default in the payment of any other amolUlt owing to the Lessor hereunder and such default shall continue for more than ten (10) business days after written demand is made upon Lessee, then and in either event, Lessor may exclude Lessee and any sub-tenant or licensee from the Premises and may continue to so exclude Lessee (or its subtenant or licensee) from the Premises pursuant to and in accordance with the provisions of the Texas Property Code applicable in such cases to commercial tenancies. If Lessee shall fail to pay aU amOlUlts due and owing by 5:00 p.m. on the second business day following exclusion of Lessee from the Premises, then Lessor shall have the right, without further notice or demand, to terminate this Sub-Lease and to recover possession of the Premises through judicial process. 9.2.2 It Lessee shall fail to keep or perform any covenant or obligation imposed under Article 5 hereof Lessor shall have the right exercisable without notice or demand to cure the breach or default of Lessee's behalf. Any amounts so expended by Lessor shall become indebtedness due and owing on demand, and if not paid within the grace period under 9.2.1, Lessor shall have the rights and remedies provided in 9.2.1. If a breach of this Sub-Lease by Lessee in Lessorts judgment creates a risk of default under the Ground Lease then Lessor shall in addition to all other rights and remedies be entitled to immediate, ex parte injunctive relief and in any such proceeding, the existence of irreparable hann and the absence of adequate remedy at law shall be conclusively presumed. 9.2.3 Lessor may bring an action in debt to recover amOlUlts due and owing by Lessee at any time without prejudice to the rights and remedies provided in 9.2.1, such remedies being cumulative and exercisable concurrently or consecutively. -9. 9.2.4 Lessor shall have the right" without notice or demand to enter the Premises to inspect same or in the exercise of its rights and remedies under 9.2.1 or 9.2.2. In its exercise of rights under this 9.2.4 or under 9.2.1 Lessor (its general partner, any member of its general partner and any of its or their agents or employees) shall not be liable for trespass or conversion of either the Premises or personal property contained therein, and shall not be liable for incidental, consequential or penal damages for breach of this Sub-Lease or on account of any act or omission in the exercise of rights hereunder or provided by law. 10. MORTGAGES; ALIENA nON 10.1 By Lessor. Lessee agrees that this Sub-Lease is and shall remain subordinate to any existing or future mortgage of the Property by Lessor provided that Lessee and any mortgagee shall have entered into a non-disturbance and attornment agreement. The execution of such agreement is a condition precedent to the effectiveness of this Sub-Lease. 10.2 Bv Lessee. Lessee shall not transfer or encumber its interest in the Premises without Lessor's prior written consent which consent shall not be urneasonably withheld. Any absolute transfer shall be subject to the provisions of the Partnership Agreement imposing restrictions on transfer of partnership interests. Lessoes consent to an encumbrance shall not be unreasonably withheld. Lessor's consent may be conditioned upon receipt of a written undertaking from Lessee's mortgagee to provide Lessor with a copy of any notice of delinquency, default, intent to accelerate or acceleration of the mortgage debt. Lessor's consentto the mortgage includes its consent to foreclosure thereof in the event to Lessee's default. A mortgagee, trustee or receiver in possession of the Premises shall keep and perform all of Lessee 's obligations hereunder and shall be subject to all the provisions of this Sub-Lease. The mortgagee or other purchaser at -10- foreclosure shall take its interest subject to this Sub-Lease and shall upon acquisition of Lessee's interest keep and perform all of Lessee's obligations thereunder. If at the time of foreclosure Lessee is in default in the payment of any obligation hereunder, the mortgagee or other purchaser at foreclosure shall have until the last business day ofthe month in which the foreclosure occurs to cure such default. Any subsequent transfer of this Sub-Lease by Lessee's mortgagee or purchaser at foreclosure shall be subject to and on the same terms as the provisions of the Partnership Agreement relating to transfer of interests in Lessor. 10.3 Estoppel Letters. Lessor and Lessee shall on request by either or by any mortgagee or prospective mortgagee or interest-transferee or either, furnish an Estoppel letter confirming that the Ground Lease and this Sub-Lease is in force according to its terms (if that is in fact the case) and stating whether, to the current, actual knowledge of the party providing the letter, there exists any event of default or condition which with the passage of time, the giving of notice or both, would constitute an event of default on the part of the other party. If the letter is not provided within 10 days after receipt of a written request, then the requesting person may conclusively presume that the Ground Lease and this Sub-Lease are in effect according to their terms, that the Lessor or Lessee as the case may be is not in default and that no potential default exists. 11. NOTICES 11.1 All notices by or to a party shall be in writing and shall be deemed received when actually received if delivered by commercial courier, or in the case of mail, on the next delivery day after deposit of the notice in the custody of the U.S. Postal Service in a first-class, certified mail, return receipt requested, postage pre-paid envelope correctly addressed to the recipient at the addresses stated in 1.1 hereof or such other address as either may designate by Notice -11- in accordance herewith. -12- EXECUTED to be effective February 7, 2006. 4845 LOCKHEED ASSOCIATES, LTD., a Texas limited partnership By: LOCKHEED INVESTORS, L.L.C., a exas limited liability company, ral Partner JVC HANGARS, L.L.C., aT s limited liability company By: vann\denton county airport hangar\sublease-l.rtf ~~t';J1~ BRANDT HEITZMAN r:' .~ i Notary Public. State of Texas i J+. 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Exhibit 5 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Utilities CM: Howard Martin, 349-8232 .. SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a Real Estate Exchange and Purchase Agreement by the City of Denton, Texas with the Westpark Group, L.P. for the City's fee acquisition of 6.889 acres of land in Abstracts No. 1040 and 1285; for the fee acquisition of a 0.8163 acre tract ofland in Abstract No. 996; for the acquisition of a City access easement of 3.874 acres of land in Abstract No. 1040; for the acquisition of electric utility easements totaling 15.11 acres of land in Abstracts No. 996, 1040, and 1285; the acquisition of temporary construction easements totaling 11.001 acres of land in Abstracts No. 996, 1040, and 1285, for the acquisition of a street right-of-way donation deed for a .638 acre tract of land in Abstract No. 1040; the fee disposal by the City of Denton of tracts ofland totaling 3.245 acres in Abstract No. 996; in which real estate and purchase agreement wherein BC Rail Spur, L.P. grants to the City of Denton a non-exclusive rail spur usage right to use the existing railroad spur for the future consideration therein expressed, that is north of and adjacent to the 6.889 acre tract ofland situated in Abstracts No. 1040 and 1285; authorizing the expenditure of funds therefor; and providing an effective date (the denton west electric utility project). (The Public Utilities Board recommends approval 6-0.) BACKGROUND The approved CIP contains four major new projects for the western area of DME's service territory: two projects for construction of new transmission lines, one project for construction of a new transmission interchange (substation), and one project for construction of a new distribution substation as part of the interchange site. The purpose of these four projects is to enhance the reliability of DME' s power delivery network by providing a third power source into the west side of the existing 69kV transmission loop and by providing a new distribution substation centrally located in a growing industrial area. The proposed real estate transaction represents the final step in procurement of land and land rights necessary to complete the approved projects. The terms of the agreement provide the interchange/substation site, approximately two miles of power line easements, a substation access easement, necessary construction easements, disposes of a portion of the Armory tract and a small, unused street section (both west of the railroad track behind the Armory), accepts a drainage easement, and arranges for a small street dedication at the north end of Precision Drive. The details of the proposed transaction were presented to the City Council in Closed Session. OPTIONS 1. Approve the proposed ordinance 2. Not approve the proposed ordinance 3. Table for future consideration 1 RECOMMENDA TION Recommend adoption of the ordinance authorizing the contract with Westpark & BC Rail Spur. ESTIMA TED SCHEDULE Closing of this purchase to occur on or before 90 days from the Effective Date of the contract. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 23, 2006, the Public Utilities Board recommended approval in a straw vote of 6 to O. FISCAL INFORMATION Proposed purchase price of $298,724 to Westpark and $10 to BC Rail Spur, plus closing costs. BID INFORMATION Not applicable EXHIBITS 1. Ordinance Respectfully submitted, i!:!:i!]I[i,lIIi .................................................................. Sharon Mays Director of Electric Utilities Prepared by: ~~ :1:1: Chuck Sears Electric Engineering Administrator and , "'0: i" . . iifj ,~ \~//;Y.-& ..... rIJ~, ' it ~-~~~~;~c'~r!lf7tjlr~~-,~.r;.i~0~ '"-.:" '_I W r/jYF {e- j"- l'-!oC J ~~~' JW~ { '<C"... 'W"i"__: ~t.lI~ \...d1....'-~__ \.0-J~:'~'>~,":.~ ~:t"'h~'-"~ ~/i0~;>-~ f...--::.-"} ~ - Paul Williamson, Manager Real Estate and Capital Support 2 ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE EXCHANGE AND PURCHASE AGREEMENT BY THE CITY OF DENTON, TEXAS WITH THE WESTPARK GROUP, L.P. FOR THE CITY'S FEE ACQUISITION OF 6.889 ACRES OF LAND IN ABSTRACTS NO. 1040 AND 1285; FOR THE FEE ACQUISITION OF A 0.8163 ACRE TRACT OF LAND IN ABSTRACT NO. 996; FOR THE ACQUISITION OF A CITY ACCESS EASEMENT OF 3.874 ACRES OF LAND IN ABSTRACT NO. 1040; FOR THE ACQUISITION OF ELECTRIC UTILITY EASEMENTS TOTALING 15.11 ACRES OF LAND IN ABSTRACTS NO. 996,1040, AND 1285; THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS TOTALING 11.001 ACRES OF LAND IN ABSTRACTS NO. 996, 1040, AND 1285, FOR THE ACQUISITION OF A STREET RIGHT-OF-WAY DONATION DEED FOR A .638 ACRE TRACT OF LAND IN ABSTRACT NO. 1040; THE FEE DISPOSAL BY THE CITY OF DENTON OF TRACTS OF LAND TOTALING 3.245 ACRES IN ABSTRACT NO. 996; IN WHICH REAL ESTATE AND PURCHASE AGREEMENT WHEREIN BC RAIL SPUR, L.P. GRANTS TO THE CITY OF DENTON A NON-EXCLUSIVE RAIL SPUR USAGE RIGHT TO USE THE EXISTING RAILROAD SPUR FOR THE FUTURE CONSIDERATION THEREIN EXPRESSED, THAT IS NORTH OF AND ADJACENT TO THE 6.889 ACRE TRACT OF LAND SITUATED IN ABSTRACTS NO. 1040 AND 1285; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (THE DENTON WEST ELECTRIC UTILITY PROJECT). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute a "Real Estate Exchange and Purchase Agreement" with Westpark Group, L. P. and BC Rail Spur, L.P. in substantially the form of the agreement which is attached hereto and made part of the ordinance for all purposes regarding the Denton West Electric Utility Project. SECTION 2. The City Manager or his designee is hereby authorized to make the expenditures in the amount of the purchase price of $298,724 to Westpark Group, L.P. and $10.00 to BC Rail Spur, L.P., plus the applicable closing costs, all as stipulated in the Agreement attached hereto. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR Exhibit 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY JMl!MfjiJ By: S :IOur DocumentslOrdinancesl061 West Electric T Line & Substation Project- Westpark-A.doc 2 AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Legal Department SUBJECT: Consider a resolution of the City Council of the City of Denton, Texas, accepting the dedication of right-of-way for Lakeview Boulevard with the Final Plat of Villages of Carmel Phase III, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet W Pages 640 and 641 of the Plat Records of Denton County, Texas; and providing an effective date. BACKGROUND: On September 2, 2005 the record owner ofthe Villages of Carmel Phase III dedicated by final plat an approximate 135-foot wide street right-of-way for future Lakeview Blvd., which runs through the development. The plat was recorded on October 27, 2005. This resolution constitutes the formal acceptance of the City, which consummates the dedication. OPTIONS: The City Council may approve the resolution as proposed, decline to approve the resolution, or approve the resolution with modifications. RECOMMENDATION: Staff recommends approval. FISCAL INFORMATION: There should be no fiscal impact. S:\Our Documents\Miscellaneous\06\020706 AIS Lakeview Dedication.doc S:\OUf Documents\Resolutions\06\Acceptance of Lakeview Blvd. Dedication.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ACCEPTING THE DEDICATION OF RIGHT-OF-WAY FOR LAKEVIEW BOULEVARD WITH THE FINAL PLAT OF VILLAGES OF CARMEL PHASE III, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET W, PAGES 640 AND 641 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the record owner, Holigan Land Development, L TD has dedicated to the public's use forever that certain street right-of-way for Lakeview Boulevard, being an approximate 135 foot wide right-of-way, as shown on the Final Plat of Villages of Carmel Phase III, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet W. Pages 640 and 641 of the Plat Records of Denton County, Texas (the "Lakeview Blvd. Right-of- W ay Dedication")~ and WHEREAS, the City Council fmds that it is in the public interest to accept the Lakeview Blvd. Right-of-Way Dedication; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are true and correct and are incorporated into the body of this resolution by reference. SECTION 2. The City of Denton, Texas hereby accepts the Lakeview Blvd. Right-of- Way Dedication. This acceptance does not act as an acceptance of any public improvements that may be constructed or installed within the Lakeview Blvd. Right-of-Way Dedication area. Such public improvements will only be accepted by the City after the public improvements are completed, inspected by the City, and determined to be in compliance with City ordinances, regulations and approved plans and specifications. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: APPROVED AS TO EDWIN M. S ~I i L I. l !Iii ~ Il~' , I n,1 = 1i1 .14 1 !:H III Hn~; r iii iHi g ::.: ; 'Ill! ! I ~:-~-ai ;[. : · '~~; " " '.~~'v' ~;~~-",' , : " ~ ;; ~' '. \~\ \ ! .. .,. !~ .'!! /, ;''':: .:': -' · '1' · "_U~ ~ \~ \ .. 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DEPARTMENT: SUBJECT - ADP05-0008: (The Shops at Old North) Hold a public hearing and consider adopting an ordinance regarding an Alternative Development Plan for a proposed Retail and Office development on approximately 25 acres. The subject property is generally located on the Northwest comer of University Drive and Old North Road intersection. The property is located in a Neighborhood Residential Mixed Use (NRMU) zoning district and Commercial Mixed Use General (CM-G) zoning district. The purpose of the Alternative Development Plan is to deviate from the requirements of Subchapter 13 of the Development Code. The Planning and Zoning Commission recommends approval with conditions (7-0). (ADP05-0008, The Shops at Old North). BACKGROUND Applicant: Imperium Holdings, LP. Dallas, TX The City Council at its December 6, 2005 meeting remanded the Alternative Development Plan (ADP) to Planning and Zoning Commission specifically for applicant to address the partial nature of the ADP. The applicant submitted a request to deviate from the site design standards concerning parking areas located in front of the building. Applicant's ADP is to provide for two rows of parking in front the buildings along University Drive. An ADP can be approved by the City Council to vary the standards of Subchapter 13 of the Denton Development Code. The ADP can not vary the standards of other Sub chapters of the Code. Public notification information is provided in Attachment 4. As of this writing, staff received one written response in favor of the request from property owners within 200 feet of the subj ect property. Staff recommended denial of the requested Alternative Development Plan since the proposed landscaping along University Drive would provide screening, but would not result in the urban streetscape intended by the Denton Plan and Development Code. Planning and Zoning Commission at its meeting on November 9, 2005 recommended approval to the City Council regarding the Alternative Development Plan for two rows of parking between the buildings and the street with the following conditions: 1. Provide a three-foot high berm along University Drive frontage outside the eight- foot easement. 2. Provide three foot high hedge along University Drive frontage outside the eight- foot easement and planted in front of the berm. 3. Provide a 12.5 feet landscape area in addition to the required 10 feet wide landscape area planted with one large tree for every 40 linear feet. Staff supported the recommendation of the Planning and Zoning Commission to add a three-foot high berm. At Council, the discussion centered on the apparent incompleteness of the ADP and the Council's desire to consider an ADP that addressed all the site design issues. The Applicant submitted a Site plan on December 9, 2005. Staff reviewed the new site plan and continues to support allowing parking in front of the proposed buildings along University subject to the conditions the Planning and Zoning Commission previously recommended. However, staff recommends denial of the applicant's revised Alternative Development Plan that was received on December 9,2005 (see Attachment 7). Although the revised ADP specifically states that it is applicable to parking in front of buildings only, the site plan also includes several additional elements that are potentially not compliant with Subchapter 13 (landscaping, parking, circulation, etc.). OPTIONS 1. Approve. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDA TION Planning and Zoning Commission recommends approval to the City Council regarding the Alternative Development Plan for two rows of parking between the buildings and the street with the conditions set forth in the meeting on November 9, 2005, which are as follows: 1. Provide a three-foot high berm along University Drive frontage outside the eight- foot easement. 2 2. Provide three foot high hedge along University Drive frontage outside the eight- foot easement and planted in front of the berm. 3. Provide a 12.5 feet landscape area in addition to the required 10 feet wide landscape area planted with one large tree for every 40 linear feet. ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification Map 4. Site Photographs 5. Letter of Intent 6. Site Plan October 6, 2005 7. Site Plan December 9,2005 8. Planning and Zoning Commission Minutes, January 11,2006 9. Ordinance ~y Supriya Chewle Planner I Respectfully submitted: ~~ Kelly Carpenter, AICP Director of Planning and Development 3 ATTACHMENT 1 Staff Analysis Summary of Alternative Development Plan Request S 35.13.13.4.A.8 (Parking between Building and Street) states: Parking areas shall be located behind buildings or on one or both sides, except along the interstate where a minimum fifteen foot (15') additional landscape area will be required along parking areas in front of a building. The applicant presented to the Planning and Zoning Commission on November 9,2005 a request to deviate from the site design standards concerning parking areas located between the buildings and the street along University Drive. The intent of the code is to create a streetscape by locating the building along the street and locating parking to the side and rear of the building. The code (Section 35.13.l0.C.2) also requires all parking lots to be screened from the Right-of-Way. Any combination of the following screening methods could be used: a. A 3 feet high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. b. A minimum 10 feet wide landscape area planted with one large tree for every 40 linear feet. These requirements are in addition to the street tree requirements. However, street tree requirements do not apply for projects along TX Dot right-of-way. Staff held a pre-application meeting with the applicant on October 19, 2005. At that time staff informed the applicant about the following along with other comments: · The proposed parking between the building and the street would not be permitted. · Approval of an Alternative Development Plan (ADP) would be required in order to develop the site with parking located between the building and street. · Additional landscaping and hardscaping (fences, walls columns), along the frontage of University Drive should be considered to meet the intent of the code by creating a streetscape along University. Section 35.13.5 states that an applicant may propose an Alternative Development Plan, which meets or exceeds the design objectives of this Subchapter but does not meet the standards of this Subchapter. It further identifies the following Criteria for Approval of an ADP. The goals and objectives which must be met, and by which the proposal will be judged are: 1. Preserve Existing Neighborhoods. 2. Assure quality development that fits in with the character of Denton. 4 3. Focus new development to activity centers to curb strip development and urban sprawl. 4. Ensure that infrastructure is capable of accommodating development prior to the development occurring. In order to mitigate the placement of parking between the building and the street, applicant proposes a 12.5 feet wide landscaping area including hedges, along University Drive in addition to the required 10 feet wide landscaping area planted with one large tree every 40 linear feet to mitigate the location of the proposed parking. (Attachment 4). Applicant proposes this additional landscaping and hardscape in order to create a streetscape and lessen the appearance of parking along the roadway. The proposed hedge will provide screening, but does not present the urban streetscape intended by the Code. To satisfy the urban image the code requires a 3 feet high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. Staff relayed these same concerns to the applicant and requested the 3 feet high wall along University Drive on October 16th and 28th. Applicant asserts the mitigation they offer should be sufficient. The mitigation offered by the applicant are listed below in bold and the staff response follows: 1. A front landscape area totaling 22.5' in the front yard - the ordinance requires none The ordinance requires any combination of the following screening methods: 1. A 3 feet high wall made of any combination of wrought iron, masonry, stone or decorative concrete panels. 2. A minimum 10 feet wide landscape area planted with one large tree for every 40 linear feet. 2. Side yard of 20' - the ordinance requires none The adjacent zoning is NR-3 zoning district. Minimum yard when abutting a single-family use or district is 20 feet plus 1 foot for each foot of building height above 20 feet. In addition to the setback a buffer is required using either fencing, Vegetation or Berms. 3. A rear yard of 20' and INCREASES the buffer area between commercial and residential - the ordinance requires 10' The adjacent zoning is NR-3 zoning district. Minimum yard when abutting a single-family use or district is 20 feet plus 1 foot for each foot of building height above 20 feet. In addition to the setback a buffer is required using either fencing, vegetation or berms. 4. Class-A retail commitment through the use of Covenants, Conditions, and Restrictions (CC&R's) already presented to you. The restrictions within the CC&R are required by the Denton Development Code and therefore cannot be used for mitigation. 5 5. Class-A site plan through the use of architectural site features that include round-a-bouts, boulevards with landscaping, architectural features in the round-a-bouts, etc. The above mitigation does not satisfy the intent of the code, which is to create a streetscape. 6. Agreements to provide access to the adjoining neighbor to the north - ordinance requires none Two access points to the property to the north should be provided to allow for cross property access. 7. Agreements to extend utilities to the adjoining neighbor to the north - ordinance requires none The City is not requiring the developer to extend a water main along their frontage on the north side US 380. On the south side of US 380, a water main exist. Connection into this existing water main would require boring US 380. To prevent any additional bores across US 380 and the extension of a water main along the frontage of this development, the developer agreed to connect into 3 existing stub out on the north, west and east side of their property. Staff recommended to the Planning and Zoning Commission denial of the Alternative Development Plan request. The Planning and Zoning Commission recommended approval of the ADP to the City Council with conditions. The City Council in the meeting on December 6, 2005 remanded the ADP to the Planning and Zoning Commission for its incompleteness and requested an overall ADP. The applicant submitted an overall plan, which shows 21 lots with approximately 950 parking spaces, which exceeds the maximum number of parking spaces allowed for the type of uses provided. Staff cannot provide an exact number of parking spaces required due to incomplete information regarding the uses on the property. The site plan also include the following notes: 6 'General Notes: , This ADP submittal intended for review and of parking in front ofbuildinr,' fronting streets. Please see letter dated i. 0/20/05 regardmg contingencies and development agreements as part of this submittal. In addition to site and architectural featlln.:s that go beyond the minimum requirements, and in exchange for parking m front the CM-G brildings, the ADP includes a 22' buffer in the fl',)nt yard in lieu of the required 10', hedge, and a landscape berm behind the hedge. The will meet all requirements of Subchapter J 3 of the Denton Developrnent Code except for which this Alternative Developmenl Plan is sought. The as shown is a functional necessity for implementation of this proposed plan. rhe new TIA will submitted with the and final plats that are seperate from this submittal. Tree and mitigation in additional to a landscape plan will be addressed in the preliminary and final plat, to be submitted separately. :;. It is intended that each of the individlal end users will comply with all ordinances in the NRJVU and CM-G zoning as required of Dentr:n. 6. Any excess required above fIe minimum standards as defined in the ordinanc(~\vill be by separate submittal (if desired) the respective end user (yet undetermined). 7. Mutual Parking Agreements will be provided prior to obtaining building 8.. All utilities. fire etc. will be submitted with the plat submittal. All electrical easements and transformer locations for electrical service to each site will be requested by separate IIsers under separate submittal THIS SUBMITTAL ONLY PERTAINS TO THE ALTERNl\TIVE DEVELOPMENT PLAN FOR FRONT ARD PARKING IN FRONT OF BUILDINGS THAT IS SHOWN IN THE SHADED AREA ON THIS Ii.1'LAN, OWNER/APPLICANT DOES NOT ANY OTHER V A RlANCE, REVIEW OR APPROVAL OTHER, COMPONENT OF THIS CONCEPTl) AL SHE PLAN AS APART OF THIS APPLJCA Due to incomplete information staff could not determine lot coverage, open space and canopy coverage requirements for the lots as provided. The plan shows lots sharing parking spaces. A Mutual Parking Agreement will be required. Existing Condition of Property The subject property is vacant. Adiacent zoning and land uses. North: South: East: West: Neighborhood Residential 3 and 6 (NR-3 and NR-6) Neighborhood Residential Mixed Use (NRMU) Neighborhood Residential 3 (NR-3) & Employment Center Commercial (EC-C) Neighborhood Residential 3 (NR-3) 7 Comprehensive Plan Analysis The site is located in an "Existing N eighborhoods/Infill Compatibility" future land use area. New development in this district should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed. The Denton Plan defines compatibility as: "The characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony... Compatibility does not mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development" (p. 188). "The quality of development, particularly commercial development along the city's corridors, is a significant factor in the quality of neighborhoods, the urban environment, and the sustainability of structures. Adequate public facilities shall be a criterion by which zoning is granted" (p. 42) "Visual quality objectives and a healthy business climate should not be considered mutually exclusive. Urban design concepts should be incorporated into private development plans early into the review process. " (p.61) "Off-street parking requirements should reflect respect for environmental quality considerations. Parking location and associated landscaping should be carefully regulated to avoid unacceptable expanses of pavement. " (p. 66) 8 ATTACHMENT 2 locationl Zoning Map NORTH land Use Map 6 ATTACHMENT 3 Public Notification Map ~y y~ cl 1,-' A't'-:;::, f--:j{L t\J. W; IIY P" ~ ~ " ,<. I A0 ....",;b ",. ";2 J1N N ~ /%lJ ~ 'l>;~(K~:j.~ ~ ~"""'< III t ~ j ), :(j{!ljJJJ17' l[:J I! ~: ~WJ/ J ~ 1111111.11lfflr- """ ~ ~,:W[? ~~?~ n,'" :: ~ ~ ........--.. I..~. ~ j~(!}ef?~~~ ~f / =\1. == ~/~ A I' 'I- ~ ~'*'" ~ I I"%s. A^"Mb. . I~~ -"\ .L.-- - ~ / ,~ ~ I;\r .\1\ C R '--- "'V ~ ='=="1{. I 1;1 I .I r- nr I Ll"~SIU r-O r-z I 0100 -J, ~ .", . . .. I c.- U ELwP~ .;,.;; J;; ~ )}[ Y-"I;..- ... ~~~ / ...... ~ Scale: None Public Notification Date: October 30,2005 200' Legal Notices* sent via Certified Mail: 15 Number of responses to 200' Legal Notice: · In Opposition: 0 · In Favor: 1 · Neutral: 0 * A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 8 ATTACHMENT 4 Site Photographs Picture of the site from University Dr. Picture of the site from University Dr. University Dr. & Old North Rd. intersection Picture of the site from University Dr. Picture of the site from University Dr. Picture of the site from Old North Road 7 Aerial Photo 9 ATTACHMENT 5 Letter of Intent IMPERIUM H 0 L DIN G S, L. P. WWW.1 M PERI U M - HOL DIN GS. COM 63SOLBJ FREEWAY, SUITE 163 1802 CRESTHAVEN DRIVE DALLAS, TEXAS 75240 AUSTIN, TEXAS 1870+ 972.385.190? (plUXHl) 972.991.1192 (60;.:) 5l2.587.5679 (pbonc) 775..30.5.1800 (las) October 20, 2005 City Hall West 221 N. Elm Street Denton, TX 76201 Regarding: Shops at Old North ADP Submittal Dear Supria, Thank you very much for your continued efforts and interest in the Shops at Old North located at the northwest comer ofHwy 380 and Old North Road. Currently we have multiple contracts and letters of intent from national and local retailers for the multi-tenant retail and pad sites that we plan to construct. These tenants require parking in front of the building in order for there business' to have the success that they currently envision. We desperately need the support of the proposed ADP plan attached. With regards to the site design. the CC&R (attached) that is proposed for the overall master PIan. and will be enforced upon each purchaser and pad site, will make a unification of design elements that will create an added benefit to the site and to the city. Also, please see our proposed elevation and additionally the several site design features such as common driveways, rotmd-abouts, and architectural tower features that create an aesthetic benefit to the site. We believe this is a class "A" design that will tlPllUlnd higher than average rents and therefore will bring a beneficial class of tenant. The request that the City of Denton Planning has made asking for an increased landscape buffer we believe to not be possible. If required to increase the front landscape buffer there will not be enough depth for certain pad sites due to the amount of depth from the frontage road to the back of the CM-G zoning. At this point the zoning changes to NR-MU. Per request from Planning we have already agreed to provide the northern land owner with. two access points and stubs when none where required. With regards to the site Pian. we feel thal the indicated buffering along the frontage, side, and rear yards exceeds Ihe requirements put in place by the City of Denton. These buffers are a benefit to the overall site and should allow for our requested double row of parking in front of the buildings. Without our parking we feel that we will loose the interest of a good majority of our currently interested tenants and are wary of the overall success of this development Sincerelv. ~9...J1/~ Stephen Schattner CC: Mayor Brock Mike Conduff Pamela Rambo-Estill Kelly Linda Ratliff David Lightfoot Enclosures (2) IMPERIUM H 0 L DIN G S, L. P. WWW.IMPERIUM-HOLDINGS.COM 6J.50 IBJ FREEWAY, SUITE 163 1802 CRESIHA. VEN DRIVE DAlLAS, 1EXAS 75240 AUSTIN, 1EXAS 78104- 972.385.1907 (phone) 972..991.1192 (fax) 512.587.5679 (pbon.c:) 775.30S.18OO (faJ[) October 21, 2005 City of Denton City Hall West Attn: Supriya Chewle 221 N. Elm Street Denton, TX 76201 RE: Shops at Old North - ADP re-submlttal Dear Supriya: This submittal is intended to only address the issue of parking in front of the buildings. Additionally, will also be requesting the approval of the three monument signs as shown on the plan - please advise us if this needs to be addressed as a part of the ADP. Please see all notes on the proposed plan that have been added since out first ADP submittal. We will be submitting engineering drawings and a tree inventory analysis/mitigation with our preliminary plat. All other issues that were of the City's concerns in the preliminary review for the preliminary plat submittal and other comments in the ADP submittal will be addressed as part of the plat, which will resolve all comments. We will comply with all ordinances mandated by the City. Thanks again. Sincerely, ~9J~ Stephen Edward Schattner Enclosures: (1) PDF of the plan and (3) 24x36 copies ofthe ADP plan under separate enclosure 12 From: To: Date: SUbject: "Stephen Schattner" <SSchattner@imperium-holdings.com> <supriya.chewle@cityofdenton.com> 10/27120051:37:23 PM The Shops at Old North (US 380/0ld North) - ADP Supriya- Our last discussion involved the "mitigation" for approval of two rows parking in front of retail. As mentioned, we will only go as far as what was proposed on SP-07 (1.5" caliper trees spaced every 40' within the 2' landscape area between the 20' utility easement and the back. of curb for parking). Your request for trees spaced every 20' creates a hedge and blockade of visibility - this requirement would negate the ANY purpose of retail due to the fact you would never be able to see it, and thus leaving the City with empty boxes or a development that never occur. Our submittal offers MUCH MORE than the ordnance requires. We believe that this is, in fact, the mitigation necessary for approval, which is all of the following: 1. a front landscape area totaling 22' in the front yard - the ordnance requires none 2. side yard of 20' - the ordinance requires none 3. a rear yard of 20' and INCREASES the buffer area between commercial and residential - the ordinance requires 10' 4. class-A retail commibnent through the use of CC&R's already presented to you 5. class-A site plan through the use of architectural site features that include round-a-bouts, boulevards with landscaping, architectural features in the round-a-bouts, etc. 6. agreements to provide access to the adjoining neighbor to the north- ordinance requires none 7. agreements to extend utilities to the adjoining neighbor to the north - ordinance requires none 13 ATTACHMENT 6 - SITE PLAN (OCTOBER 6.2005) .'.' ;~ "\ ~ 1"''', '-, ~ , -- ~-- ~ ~ 0... 0 ~ (/J ~ <^, ~ ~ ~ 0 ~ i ~ ~ c (l) ~ ~ Q ~ z 0 ;;; ;:J 0 ~ '€ ~ 0 ~ z ~ u ~ . z - .." 0 ~ 0 ~ r\ C ) ro rfJ. - rfJ. U ~ 0 ,..q Z r../l iJ) ~ ,..q Q ~ .." - H ~ " 0 ~ ;S ~ ~ ~ ~ ~ > I"""'."C'""'=. - -::l 2 e"8 ~ o 0 ~ " ^' - ATTACHMENT 7- SITE PLAN (DECEMBER 9,2005) CondenseIt 1M I 2 3 4 5 6 7 8 9 IO II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 they're making and trying to tie to the plat. Once I they're willing to separate the two, and look at this 2 reasonably with us, we're probably willing to work with 3 them on that. That hasn't been the case. Thanks. 4 COMMISSIONER HOLT: Thank you. 5 MR SNYDER: I still reiterate I do not 6 have any comfort with delaying this beyond the 30 days and 7 think it's feasible to call a special called meeting on 8 the Open Meetings Law and expect this Commission to come 9 back in on a weekend to have a special called meeting. We 10 may not have a quorum. And if we don't reconvene within 11 that time period, then we run the risk of the plat being 12 deemed approved. I also want to point out that if in 13 fact, they knew about the meeting on - excuse me, they 14 waited until Tuesday to go to the Court of Appeals to get 15 permission to participate in this meeting. 'They could 16 have gone - they could have gone earlier on Monday. And ] 7 in any event, I just think it's too risky under these ]8 circumstances because we're going to end up having a plat ]9 -- it's unreasonable - talk about being unreasonable - 20 it's unreasonable for them to expect for the City to 2] approve a plat this large in this short of period of 22 time. 'They knew what the 30 -- they knew the 30-day rule 23 was in effect. They knew that we would have to act on it 24 or it would be deemed approved. It's unreasonable for 25 Page 27 MS. CARPENTER: The record needs to reflect that the Chair, the acting Chair was sitting in Virgil Strange's seat, so her vote is showing up under his name. (Brief recess taken.) COMMISSIONER STRANGE: The next item on our Agenda is our Public Hearing Section. For those of you who may not have been here before, the public does have an opportunity to speak during this session of our meeting. And if you do wish to speak, you will need to have filled out a yellow card and you can get a copy of those cards out in the foyer. The first item is Item No. SA which is amendment to the Detailed Plan for Country Lakes North. the section of property is located within a Planned Development 174 Zoning District and is generally located 1,200 feet north of Crawford Road betwren 1-35W and Fort Worth Drive. Ms. Chewle. MS. CHEWLE: GOod evening, Commissioners. This item was tabled on our last meeting held December ]4th, 2005. The applicant - after the meeting, the applicant was directed to come up with a different medication that was approval by staff and by the Commission. On January 3rd, 2006, applicant revised the proposal to amend the requirement that 33 percent of the garages be J -Swing or side entry and proposing the Page 28 following conditions in its place, front-facing attached or detached garages cannot exceed -- extend in front of the house, however, attached garages that do not face the stn:et may extend in front of the house. Additionally, all front facing garages should either be n:cessed 18 inches, have an architectural column of single car doors separated by a masonry column andJor garage doors shall be constructed with wood or simulated wood panels with wood or simulated wood trim. I believe in your backup you have -- with the applicant's letter you have pictures of the carriage-style garage door. With this I would like to state the staff recommendation. Staff recommends approval of the reques1ed detailed plan amendments for the Planned Development 174 subject to the following conditions. Each lot must be provided with one three-inch caliber tree in front of the house above the required landscaping per the Code and the Ordinance, at least 50 percent of the front facing lots shall be eight inches or more recessed. These two conditions were in the previous staff recommendations as well, but after the new mitigation staff got an opportunity to review the new mitigation list and come up with some more conditions that staff deemed were necessary for a quality development, and those are at least 50 percent of the front-facing houses shall have PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 25 - Page 28 1 2 3 4 5 6 7 8 9 10 II 12 13 ]4 15 16 17 18 19 20 21 22 23 24 25 Page 26 them to expect us to do that in that short of a time frame. They put themselves in this situation by their unwillingness to sign the waiver and their unwillingness to enter into the tolling agreement. And they've waited here at the last minute tonight at 6:30 before we came in here to approach me and ask me for this continuance. I just think it's too late to do that at this stage of the game. 1 2 3 4 5 6 7 8 MS. LINDELOW: May I respond? 9 COMMISSIONER HOLT: No. Mr. Roy. 10 COMMISSIONER ROY: It's a very complicated II case but I think I've heard enough to make a decision on 12 my part here. I think that the preponderance of issues 13 and major issues that have been brought up by staff -- I ]4 don't see those being resolvable in any short period. of 15 time. And I see no really reasonable position for us to 16 take tonight other than this, and I move disapproval of 17 this preliminary plat. 18 COMMISSIONER HOLT: IS there a second on 19 the motion? 20 COMMISSIONER WATKINS: second 21 COMMISSIONER HOLT: Okay. 1he motion 22 before you is to deny the preliminary plat application. 23 Any discussion? Please, vote. The motion passes. Let's 24 take a brief recess to call the Chair back into the room. 25 Page 29 Page 31 1 architectural column of single car doors separa1ed by 1 along the streetscape, create a variety in the housing 2 masonry column and at least 50 percent of the garage doors 2 elevations and because, I believe it might have been 3 shall be construc1ed with wood or simula1ed wood panels, 3 considered for inclusion in the Development Code, and I 4 wood or simulated wood trim. With that I'll take any 4 got that from the minutes, again, talking that there was 5 questions if you have any. 5 consideration that this -- 50 percent of the lots would be 6 COMMISSIONER SlRANGE: Any questions of 6 pnt like that in the Code. I can't verify that but I do 7 staff? Mr. Roy. 7 know, we did end up with a garage orientation condition in 8 COMMISSIONER ROY: Maybe this is going to 8 the Code. 9 have to be with the applicant, but this is the.- you've 9 And, again, I handed out a revision to the 10 got staff -- the one before this, the slide before that - 10 research I did. There is one other PO, King's Ridge that 11 this is the applicant's recommendation or proposal? 11 does have a garage orientation requirement on 17 of the 12 MS. CHEWLE: correct. 12 lots. Those lots happen to face -- across the street 13 COMMISSIONER ROY; And the next slide was 13 they're one-acre lots that are side loaded. They're 14 meant to be yours. 14 proposing 16,000 square foot lots and they did get a 15 MS. CHEWLE: That's correct. What the 15 garage orientation on that and I wanted to make sure you 16 applicant is proposing that it does not really give us a 16 had that information because last week we were saying 17 number of how many houses, so really, like, the first one 17 there wasn't any other po, it's a little different. It's 18 says recessed 18 inches and the second one -- the second 18 not the same requirement. And, again, no subdivision 19 and the third is either/or. 19 prior to the adoption of the Development Code has a garage 20 COMMISSIONER ROY: so does one and two go 20 orientation and we know the subdivision was approved after 21 together? 21 the Code, the garage will not extend in front of the 22 MS. CHEWLE: NO, two and three go together. 22 house. That's the only garage requirement and that it 23 COMMISSIONER ROY: only two and three go 23 won't take up more than 40 percent of the house. 24 together, okay, well. I'll wait for the applicant. Thank 24 One of our issues, I guess, with staff 25 you. 25 recommendations and we strongly oppose those Page 30 Page 32 1 COMMISSIONER STRANGE: AnY other questions 1 recommendations is that it goes back to the hard numbers. 2 of staff? Thank you very much. 2 And it's in our opinion dictating the market as opposed to 3 MS. CHEWLE: Thank you. 3 identifying the design objective. I think even the Denton 4 COMMISSIONER STRANGE: we want to open the 4 Plan calls for architectural diversity, creativity, it's 5 public hearing. Is the applicant here and do they wish to 5 on page 62, should be encouraged. The value of trees and 6 speak? 6 landscaping should be recognized as important features. 7 MR. REICH HART: Thank you. Larry Reichhart 7 And, again, the items that were shown -- we also are 8 with Spring Brook Planning Group, 2405 Mustang Drive in 8 recommending, you know, the window trim that we proposed 9 Grapevine. Thank you. And, again, we know the location, 9 last time, the landscaping that we had proposed last time 10 Country Lakes North. Also associated with this 10 and our building elevations have increased since the last 11 subdivision is Country Lakes West which is not included in 11 time we talked. 12 the garage orientation issue. We have our existing 12 My analogy, the only thing I can really 13 conditions that we're not proposing to change. We've been 13 think of is almost like the car industry where the Federal 14 through these at the last meeting. 14 Government says your entire fleet must maintain a certain 15 We know about the existing garage 15 miles per gallon. They don't tell them how to do it. 16 condition. I did supply the minutes from the night that 16 They don't say you're going to do blue cars or you're 17 this detailed plan was approved. And it's fairly clear 17 going to do little cars or you're going to do pickup 18 that this issue came up that night. And within the 18 trucks. Meet this objective. And it's up to the car 19 minutes, at that time the applicant opposed. Eventu.ally 19 industry to do that. 20 they did accept the condition. They did oppose but to get 20 With this issue, I think what I hear is 21 off center basically, they did accept that condition and 21 that the City is saying don't let the garage become the 22 after a number of years now, we're back and trying to 22 dominate element of the house. Create some variety in the 23 modify it because it isn't working. We believe that the 23 housing elevations and above all, build a high quality 24 reason for the garage condition is to ensure that the 24 subdivision. And we think our current proposal does that. 25 garage wouIdn't become the dominant architectural feature 25 And again, in the backup we provided information why the CondenseIt™ PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 29 - Page 32 CondenseIt 1M Page 33 Page 35 1 I-Swing garages aren't working. There's a I-Swing here 1 combinations. You'll get the brick column and you'll get 2 aod here and you can see the it pushes the house in the 2 the carriage-style garage. And, again, these garages are 3 back yard, back to the yard a little bit more and you get 3 sticking out in front of the house, but I think the 4 a little bit less back yard to utilize. And again, we 4 combination of the brick column and/or the carriage-style 5 don't think maneuverability on the narrow lots -- the 5 garage, really helps minimize the impact of that garage 6 garage is not being utilized, folks parking out in front, 6 and then some st:rootscapes in that subdivision. You can 7 some other examples that we showed last time, our 7 see a variety. Here's a couple that have it. Some down 8 amendment applies - anyone of these can apply to any 8 the street don't, and, again, these don't. Some do. But 9 house. What we're saying that if you have a front facing 9 it's variety, again, that we're looking to create. Give 10 deep -- or attached garage, it will either be recessed 18 10 the homeowners options that they can choose from and 11 inches as currently is required and we think that recess 11 again, some more streetscapes. 12 does help out a little bit, which is everybody seemed to 12 And, again, in addition to those, the ones 13 agree and -- above what is currently proposed. So they'll 13 we just talked about, the windows would be provided with 14 either be recessed 18 inches -- if they're not recessed 18 14 trim and that's current in the Code now, so we're trying 15 inches, it will be flush or some measurement between that 15 to bring it up to a higher standard. Front yard and side 16 zero and 18, the garage would either have the simulated 16 yard would be sodded, a minimum of 20 one-gallon shrubs, 17 wood trim, the carriage-style garage door or it would have 17 two three-inch trees for every house. And then the 18 the brick columns. So you'll get one of those three, each 18 minimum square footages is 14,000 square foot --1,400, 19 of those addresses that variety in providing different 19 sorry, 1,400 square feet and that's an increase from our 20 elements along the st:rootscape, and we will still be 20 last - last time we were at 1,200 and then 2,000 which is 21 building I-Swings. If someone wants a I-Swing, we will 21 an increase from the 1,800 we were proposing. We're 22 build a I-Swing, so it doesn't eliminate anything. It 22 sticking at the 2,200 that we had proposed on the larger 23 increases our pallet, if you will. 23 lots. 24 These are some photos that 1 took. I think 24 We think the whole package that we're 25 you've got some black and white copies in your backup and 25 proposing now provides the flexibility that we're looking Page 34 Page 36 1 I supplied a few examples of colored copies, existing 1 fOf. It still allows the construction of the J-Swing 2 subdivision that I noticed after I was looking at this 2 garages. It allows for garages to be recessed. It does 3 today, a lot of the garages are in front of the house, but 3 create - does not create the exacting numbers that when 4 -- that even helps more when you have the carriage-style 4 we get down to it, sorry, folks, you're going to have to 5 garage door minimizes that impact and dresses it up. 5 buy this house right now. This is the only house we can 6 Additionally, it provides opportunities for additional 6 build now. The market will dictate what it does. And for 7 trim and pop on the house. if you will. Now, you can 7 the City, we really think it does improve the quality of 8 match the garage door with the shutters or some different 8 already a good subdivision. 9 trim on the house. 9 It requires fronHacing garages that 10 Here's some other examples. And, again, 10 aren't recessed to receive one of two treatments, the 11 these aren't our houses. This was a subdivision that I 11 columns or the doors. It minimizes the impacts of the 12 drove out to. So these aren't -- just an idea of what the 12 garages, provides architectural elements for the treatment 13 garage door would look like is what we're trying to show 13 and, again, we have that existing requirement that no 14 here. And, again, I did some closeups so you could see 14 elevation be the same within 200 feet of a house. You 15 what the detail looks like on these. And, again, I take 15 compile all of that together, you're going to have the 16 pictures from the street. I don't go in someone's yard to 16 flexibility and the creativity and the variety along the 17 take the pictures. So I get as close up as I can with the 17 streetscape that you're going to need, that we're looking 18 camera I have. But it shows the detail, different design 18 for within the City of Denton. You know, we think the 19 details that you have, different colors that -- light, 19 J -Swings, if they're built, they meet the objectives. The 20 medium, dark to go with the different house styles. And, 20 18-inch recess meets our objectives. The brick columns, 21 again, these are houses that are in -- currently in our 21 the carriage-style, and the no-repeat elevations meet the 22 subdivision that have the brick colwnns to help break: up 22 requirements that the City's looking fOf, the 100 percent 23 that long two-car garage one big garage door. 23 masonry on the front, 80 percent on the entire building 24 And then it's very likely when the folks 24 that we have, two-car garages, providing minimum square 25 starting seeing the carriage-style houses, we'll get 25 footages, window trim and now the landscaping. All of PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 33 - Page 36 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 Page 37 that together, we believe will create a subdivision that is higher quality than most subdivisions that we have in the City. CondenseIt™ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 38 Page 39 your proposal is listed there as Item 1, 2 and then you skip over here to the -- MR. REICHHART: Three bullets. COMMISSIONER ROY: -- three bullets on page 4. MR REICHHART: And if you wish, I mean, I probably should have numbered them 3,4, and 5. COMMISSIONER ROY: And Item 1 -- I mean, Item 2 says all lots may have front-facing garage. That's clear. okay. They're front-facing. They cannot extend in front of the house. They could be flushed -- MR. REICHHART: Right. COMMISSIONER ROY: -- other than the J-Swings. of course. But then Item 2 -- these are all "either." so it could be recessed or-- MR. REICHHART: Trim. COMMISSIONER ROY; -- have a masonry column or constructed with wood. MR. REICHHART: correct. COMMISSIONER ROY: So these are -- there's no combination A, B and C here? MR. REICHHART: oh, someone could do A, B, and C -- COMMISSIONER ROY: But you're not proposing any combination of A, B. and C? Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. REICHHART: NO. This is the pallet when someone builds a house, pick a housing style that doesn't have an 18-inch recess. then the next step will be well, would you prefer the brick columns or the carriage-style house or both? I mean, it adds cost. Both of these add cost. I think the brick is a little bit less And with that, that is our proposaL Obviously, we'd like your vote on this. I'd be happy to answer any questions that you may have. COMMISSIONER STRANGE: Anyone have any questions of the applicant? Mr. Roy. MR. ROY: Yes. I'm trying to fmd in our backup, a swnmary of what you're proposing. I mean. I have -- I have that one slide that talks about -- one thing here that talks about the recessed 18 -- MR. REICHHART: If you look at - and I don't know what attachment it is and I can fmd it, my letter to the City -- MS. CARPENTER: Attachment 6. MS. CHEWLE: The new letter that the applicant submitted was supposed to be Attachment 7. COMMISSIONER ROY; Mine stops at Attachment 4, my package. I don't have anything beyond Attac1nnent 4 if I'm reading all of this right. MR. REICHHART: well, if we get to the overhead, I can put it right on the overhead. MS. CARPENTER: They're out of order, Mr. Roy. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER ROY: Maybe it's in a different place. UNIDENTIFIED SPEAKER; commissioner. there is an Attachment 7 -- his attachment 7 also has four attachments to Attachment 7. That's why when you look at the very end of your packet you'ro looking at attachment four. If you flip back, you will find his letter and it says Attachment 7 up above the top of bis letterhead. So keep flipping back and you'll fmd Attachment 7. COMMISSIONER ROY: ob, that's Attachment 7, than the carriage-style garage. But they'ro both fairly comparable in cost. So we're thinking that it meets the objective of providing that variety, not forcing the J -Swings, but if you do something other than the J -Swing, it's either going to be the recessed or get the other treatment. COMMISSIONER ROY: I thought I read somewhere where you committed to J -Swings, a certain percentage of J-Swings on the wider lots; is that-- MR. REICHHART: well, that was -- that was our last minute proposal at the last meeting. And in my letter, again, let me apologize for that, because I don't like doing that. But we were trying to come up with some alternatives and after we got together after the meeting, this is what we're looking at now. So I mean, that was two weeks ago we did identify I believe it was 25/30 percent on 10 that are 70 foot or wider, you know, we were going tt, ~ the J-Swings, but we think this ! PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 37 - Page 40 okay. MR. REICHHART: That is correct. My letter that I submitted had four attachments and if you start looking at those, you're looking at -- but on page 3 and 4 -- page 3, right in this area. all lots. the one and two addresses the garage_ And then at the top of Page 4 of my letter are the other requirements or the conditions that we're proposing on this subdivision. So I put the requirement -- I put a little sale job, if you will, of why it's a good requirement, and then the additional requirements. COMMISSIONER ROY: SO I'm on page 3 and 4 of your letter of January the 2nd? MR. REICHHART: That is correct. COMMISSIONER ROY: And you're saying-- Page 41 Page 43 1 combination and this pallet provides, again, still 1 further follow-up. I know there's a lot of discussion 2 provides that flexibility for the market and for the 2 here about carriage doors. I'm not seeing anything in the 3 consumer and provides the quality for the City. 3 proposal that's specific to carriage doors or that would 4 COMMISSIONER S1RANGE: Dr. Noble, I believe 4 require even one carriage door to be installed. You know, 5 you were next. 5 what this Item C says construction with wood or simulated 6 COMMISSIONER NOBLE: Thank YOu, Mr. 6 wood panels with wood or simulated wood trim, and just to 7 Chairman. Larry, I've just got a basic question about the 7 make sure that We understand here, you know, in terms of 8 wood trim garage doors. I guess most of the metal garage 8 preparing the oidinance if it goes forwar-d, in a way that 9 doors I'm familiar with are when they're retracted, how 9 carries forwar,d the intent of the applicant and the 10 are these garage doors, do they open from the bottom and 10 Commission here, I -- you know, when I bought my house it 11 kind of swing -- 11 had a stamp steel door that had wood grain on it. 12 MR. REICHHART: And basically what it is, 12 MR. REICHHART: ob, yeah. We're definitely 13 you're getting just a standard, as I understand it, 13 not talking about that. 14 aluminum door, and these are bolted to that door so they 14 LEGAL: But the way that this is written, 15 open the same way up in different panels. Just as they're 15 one might say that that's simulated wood. It also had 16 closed, you just don I t notice that as opposed. to kicking 16 wood around it which one could say would be wood trim. Is 17 Up or swinging out. I believe it's the same as the 17 there a way of wording this such that it carries forward 18 typical garage door. It will have three or four panels 18 your intent that it's something more than that -- that's 19 that just fold back up into the roof of the garage. 19 more than a steel door that has grain in it and more than 20 COMMISSIONER NOBLE: okay. Thank yOU. 20 wood around it. 21 MR. REICHHART: YOU're welcome. 21 MR. REICHHART: I think the easiest thing 22 COMMISSIONER S1RANGE: Legal. 22 to do would eithec add an exhibit to the ordinance with 23 LEGAL; I'Ve got a pretty good idea that 23 examples of what we're proposing and/or manufacturer's 24 I'm going to be looking at drafting this ordinance and SO 24 catalogs -- we'd be happy to add those as examples, you 25 insofar as I've got a couple of questions about this, I 25 know, as -- you know, typically referred to in Exhibit B Page 42 Page 44 1 hope that the Commission will indulge IlW. Larry, on this 1 or something like that. And we can add the photos and we 2 Page 3 of 4, where we've got this Item No.2, the way that 2 can add actua1-- as long as we're not limited to those 3 it's written, I think: that it may be causing some of Mr. 3 manufacturers, but just as examples, that would be fine. 4 Roy's confusion here. It certainly - because I don't 4 LEGAL: And then, you know, finally, Ijust 5 think: it's saying what you're iotending for it to say. 5 want to make sure I understand that, you know, the 6 I'm wondering if you could follow aloog with me on this 6 pe1"Centages -- you're proposing deletion of any of the 7 Item 2. If you scratch out the word either where it says 7 percentages with regard to I-Swings at all? 8 all front facing garage shall either be - if you just 8 MR. REICHHART: That is correct. 9 take that out to make it "shall be" and then you have A 9 LEGAL: okay. 10 recessed 18 inches and then add the words "and either" at 10 MR. REICHHART: And here is an example of 11 that point and then have Band/or C. Does that meet what 11 one, if we can get the overhead, just one of the brochures 12 you were trying to say? 12 we're looking at. We can flip through that and add this 13 MR. REICH HART: what we're trying to say is 13 to it. But different style doors, if you look at the 14 if a garage is recessed 18 inches, it doesn't have to 14 hinges, it identifies the hinges. And if you want windows 15 have the brick column or the wood dabr. Okay. If it's 15 in it - those are some examples, but glad to add some 16 oat recessed 18 inches, it will receive either a brick 16 over here. We'lllook for exacting -- I mean, the photos 17 column or a door, so-- 17 we will add. And I think: that identITres it more than 18 LEGAL: okay. So all of them will be 18 anything because if you get to the detail, specifically 19 recessed, but not all of them will be recessed 18 inches? 19 the details, you can see that we're not talking about that 20 MR. REICHHART: well, they'll be flushed or 20 wood-grained aluminum door, and that is not our intention 21 recessed. We -- you know, the opening statement says that 21 at all. 22 nothing will be in front, but they'll either be flushed or 22 And we can have those -- if this moves 23 recessed. If it's not recessed 18 inches it will receive 23 forward, we will have those prior to getting this to City 24 the brick columns or carriage-style door. 24 Council and put in a packet that everybody can see. 25 LEGAL: okay. Now, I guess as a little bit 25 COMMISSIONER STRANGE: staff had some CondenseIt 1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseItTM Page 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comments. 1 MS. CARPENTER: could I ask some questions, 2 Mr. Chainnan? 3 COMMISSIONER STRANGE: Absolutely. 4 MS. CARPENTER:. we've looked at this a lot 5 and I still am confused, I think, a little bit. On your 6 Page 3, Number 2, it says all fronHacing garages shall 7 either be -- I share Jerry's concerns. The way I read 8 this. All of the garages could be recessed 18 inches. 9 I'm going to come to an exception in a minute or all of 10 them could have the architectural control, a single car 11 door separated by a column or all of the garage doors 12 could be constructed with wood or simulated panel, so you 13 wouldn't get the distribution that you had spoken about in 14 your original application of September 22nd or your even 15 amended application of December 14th with this exception. 16 The Code does not allow the facades to be 17 the same within 200 feet of each other. So that's the 18 only guarantee that there would be variation; is that 19 correct? 20 MR REICHHART: That is correct. 21 MS. CARPENTER: okay. 22 COMMISSIONER SlRANGE: Mrs. Hott. 23 COMMISSIONER HOLT: I want to tell you I do 24 appreciate how you broke this down into using - having 25 Page 46 more diversity in the City housing and the flexibility of 1 the market, I understand, and I now, after seeing these 2 things, understand why the J -Swing does not work because 3 you won't have a back yard, a very small back yard which 4 that might work fine for a lot of people. 5 MR REICHHART: For some folks, it will. 6 COMMISSIONER HOLT: Yes. In the staff 7 recommendations, they had some other things .. I have not 8 heard anything, you-all not wanting to do those or wanting 9 to do those? 10 MR. REICHHART: Do not want to do those. 11 COMMISSIONER HOLT: Do not want to do 12 those? 13 MR REICHHART: And we're proposing for 14 landscaping that we would do two three-inch tn:es. And, 15 again, that's higher size-wise than what's required now in 16 the City and the 20 one-gallon shrubs. That's our fully 17 sodded front and side yards. I mean, that's what we'll 18 guarantee to do in every house. And instead of going back 19 and forth, what did the old Code say and this is on top of 20 the old Code. And in doing all of that we're trying to be 21 very concise, two trees, fully sodded, 20 shrubs, minimum 22 and that's the landscaping, landscape package. And as far 23 as the 50 percent again, getting a 50 percent of this and 24 a 50 percent of that and a 50 percent of this, it -- 25 Page 47 besides the market issue it gets very -- you have to track it. You have to implement it. You know, someone has to follow those numbers continually as opposed to looking at a set of plans and saying oh, this isn't recessed 18 inches, which door are you using? What are you doing? Oh, gone. And you don't have to track it to say, okay, now your next set -- and the way it also is written by staff, it doesn't necessarily give you the flexibility per street. You really want that, just a full pallet. The other thing is we have three different builders currently developing on the site now. You know, the chances of, you know, getting the same -- everybody wants the same. I mean, drive up and down most subdivisions, just the lll8Iket itself, some folks have kids, need four bedrooms. Some folks are empty nesters, they only want two bedrooms. You know, the variety of people buying houses is just going to dictate different styles that people want and the fact that we don't have -- you know, we can't have that same elevation within 200 feet and going back to any other subdivision that's being built right now, you know, no one is doing the brick columns. No one is -- you know, some of the larger lot subdivisions, you'll see some carriage-style houses, and, you know, stuff like that, but, you know, this will be a Page 48 unique subdivision just based on these elements that we're proposing and/or it will be recessed, you know, which is a - you know, the original condition said flush or recess, then it became 18 inches then it, you know - and, you know, that 18 inches does matter providing that shadow line, breaking up a house, so you don't have that monolithic wall and such like that. All of those little things help. COMMISSIONER HOLT: well, one thing I think it proves is that any subdivision can be improved upon no matter - and if you - if we go back and we work on them, you-a1l have proved that you can improve what you think is rea1Iy good. MR. REICHHART: And I agree that every subdivision can be improved. COMMISSIONER HOLT: The developers has to be open to doing this. MR REICHHART: But it is at a cost. COMMISSIONER HOLT: Yes, it is at a cost. MR. REICHHART: For folks buying these houses, it is at a cost. COMMrSSIONER HOLT: BUt I think for these - for a City, this is what's going to make it a very inviting City to come to versus one that's just like every other City. PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 45 - Page 48 Page 49 Page 51 1 MR REICH HART: And you hope it takes off 1 percent of any house. 2 for us that drives the market into other subdivisions, you 2 COMMISSIONER ROY: well, maybe -- I think 3 know, that folks will start driving around and seeing 3 this is a public lx:aring and I suspect we have someone who 4 this, and go, wow, this is nice. 4 wants to speak. 5 COMMISSIONER STRANGE: Mr. Roy. 5 MR. REICHHART: I know we do. 6 COMMISSIONER ROY: I like the - what 6 COMMISSIONER ROY: And if that's the case, 7 you've presented here in terms of the appearance. But it 7 you could be thinking about a way you could commit to that 8 comes back to what Kelly was saying earlier and. what you 8 and some statement you could make to us while we do the 9 agreed to -- you're not really agreeing to any of this in 9 public hearing - I think there may be others who want to 10 the sense that every one of them, if we go with what your 10 speak. or ask a few questions. 11 recommendation is, every garage out there could be 18 11 COMMISSIONER STRANGE: Dr. llibodeaux. 12 inches recessed and there would be no variation. There 12 COMMISSIONER THIBODEAUX: Yeah, I would 13 would be no columns. It could be none of these 13 like to hear from others and then I can come back to that 14 nicer-looking garage doors. I'm not saying you would do 14 question, because I, too, am concerned about the great 15 that, but that's what you're asking us to give you total 15 flexibility and the recommendation from staff and the lack 16 carte blanche to go and put the big white doors out there 16 of flexibility in the recommendation there and I was just 17 18 -- as long as you did 18 inches, you could build every 17 trying to look for a middle ground, but maybe in hearing 18 one of them the same way. And I think that's giving me a 18 some of the presentations then the ground will come forth. 19 little heartburn. If there was some way, you know, you've 19 COMMISSIONER STRANGE: Mr. Watkins. 20 got some of them you would commit to some number of these 20 COMMISSIONER WATKINS: Thank you, Mr. 21 -- I don't know about number. I understand your point. 21 Chairman. I guess I need to borrow a ruMS from my fellow 22 MR. REICHHART: Is the concern that one 22 Commissioner Mr. Roy, because I do somewhat have some 23 element would dominate the landscape basically? I mean, 23 heartburn too about it, but I'm really wondering if we're 24 whether it's the carriage-style garages, the brick or the 24 not talking about marketing here rather than -- we're 25 18, one element is going to dominate? 25 talking percentages, okay. In talking percentages, we're Page 50 Page 52 1 COMMISSIONER ROY: Right, right, right. 1 talking about percentages of people that have not bought 2 There needs to be some agreement, I think, some commi1ment 2 the houses, and we haven't sold the houses yet. So maybe 3 on variation and you're asking for a total carte blanche 3 we're into a tad of marketing rather than -- and wanting 4 with no commitment on -- you given us some ideas, you've 4 this particular addition to come to a certain percentage 5 shown US some examples -- 5 where it's got the garage door. Thank you, sir. 6 MR. REICHHART: Let me jump in here first 6 MR. REICHRART: And I just thought of 7 because -- and again, I don't want to keep harping this, 7 something as you were talking because it got me back to 8 but it is a bone of contention at least for me personally 8 the Development Code and why -- how that was formulated as 9 is that no other subdivision has to prove out what they're 9 opposed to -- I mean, you do this, this and this and you 10 going to do with their garages. No other subdivision has 10 get your approval. 11 to say, we're going to do brick -- and that's our cross to 11 I mean, architecturally houses and I don't 12 bear because of a PD. If we were to say something like, 12 have it right in front of me, but I think it's pick three 13 no one element by itself would be -- would occupy or 13 of five elements to build into your house and whether it's 14 comprise more than 50 percent of the houses, that any one 14 a porch, gables or, you know, a different number of things 15 style -- so you wouldn't get 50 -- you would get no more 15 that you could pick. All you have to have is three. And, 16 than -- if you get the subdivision, 50 percent would be 16 again, yeah, everybody could have the same one. Everybody 17 recessed. Fifty percent by itself would have the 17 - and if everybody had a porch, oh, that's tenible. You 18 elevation or the brick -- no more than -- so you're not 18 know, but every element by itself is a good element. You 19 going to get 80 percent recessed. You're not going to get 19 know, there isn't a bad one there that says, ob, man, if 20 52 percent carriage-style by itself because everybody 20 they all get built that way -- you know, if they're all 21 wants carriage-style. Now, we're going to have to put 21 recessed, it's still better than any other subdivision of 22 something in there, but now it's not a -- you know, we're 22 this size because they're -- if you drive through they're 23 dictating. Now, we have a little bit global issue instead 23 flush and they're big monolithic buildings on a lot of 24 of saying one item, what we'll say is maybe no more than 24 them. You know, but -- you know, once we get a couple of 25 -- no one item by itself would comprise more than 50 25 carriage-style houses, you know, garage doors ont there, I CondenseIt 1M PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 49 - Page 52 CondenseltlM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 53 just think. they're going to take off. It's so attractive 1 and, you know, one of the new developers is the one that 2 said, hey, we did this in another subdivision, why can't 3 we do it out here? Why don't we take a look at it because 4 once we started doing it, you know, boy, look at that. It 5 looks sharp so, you know, giving folks and the developer 6 and the builders a little, you know, leeway, is Dot 7 necessarily a bad thing if what they're choosing from is 8 wI good. 9 If I'm going to go out and buy a car and 10 I'm looking at, you know, a Cadillac, a Lincoln and a 11 Lexus, I can't go wrong, I'm looking at three good cars. 12 You know, now it's my choice of which one I'm going to 13 buy. So I mean, and that's what we're trying to propose 14 here is like here's some really good ideas. Well, let's 15 listen to folks. Maybe there's other ones. 16 COMMISSIONER STRANGE: Any other questions 17 of the applicant? Okay. We have no other cards at the 18 front. Is there any other person who wishes to speak in 19 favor of this item? Is there anyone who wishes to speak 20 in opposition? Then we will close the public hearing. 21 You didn't fill out a card? 22 MS. TENIENfE: Do you need me to do that? 23 COMMISSIONER STRANGE: NO, ma' am. If 24 you'll just come down here and give us your name and 25 Page 54 address. 1 MS. TENIENTE: Hi. My name is Kathy 2 Teniente and I live at 5112 Brookside in this 3 neighborhood. It's not really in opposition. I guess 4 it's more clarification or concerns that were raised when 5 they presented their new proposal. 6 I also like Mr. Roy had concerns that all 7 of the builders could just develop their homes and have 8 I8-inch recess, therefore, they're all the same or 9 something would be very consistent because before even 10 though no other neighborhood has that you have to have 11 this, this or this, when I moved into the neighborhood, it 12 did have that and so I'd like to maintain those same 13 guidelines that were there when I initially bought into 14 that neighborhood. I'm not saying that I need to stick 15 with the 33 percent, 33 percent, 33 percent, and I know 16 that there is variances in people's desires for their home 17 as far as how they want to have the outside looking. But 18 I am concerned that there is no control as to how much 19 percentage could be just all of them 18-inch recessed with 20 one big door. The other thing is we're talking about the 21 lot sizes, and I know this came up last time, I got a new 22 copy of the land layout for Phase 2, the majority of the 23 lots appear to be 50 percent, but I would like to know 24 what the breakdown is because I don't know of any lots 25 C' Page 55 that the tbn:e builders are building on that are 70 foot or wider. They're either 50 which is one builder or two builders share the 60-foot lots. And to me on the new phase, it looks like the majority of them are the small lots which was kind of disappointing to me because I know it's cheaper for the developer to do that, but that also limits the possibility of I-Swings because it's not going to fit on a 50-foot lot, so that already knocks down that percentage as welL So I kind of wonder about that. In addition, the facade being different at 200 feet, are they talking the house and the door or are they talking just the house or the door? Are they exclusive of each other? A little bit more clarification on that might be kind of nice. I just feel like there needs to be something to monitor a little bit more the fuedom available and I'm not trying to get into you have to buy this. You have to buy that. But right now it's kind of like here's a blank check, have fun and write. I guess I just -- since when I moved into this neighborhood, there were specific guidelines, I'd like to see a little bit more. But in addition, from the last meeting, I do want to thank the Committee for listening. I did look for the things in print regarding what I bad brought up Page 56 and unfortunately, nothing was given to me in print, so I was either lied to or duped or whatever you want to say, but I do appreciate being able to have the opportunity to come and present my concerns, so thank you for that. COMMISSIONER STRANGE: Thank you for your comments. Is there anyone else who wishes to speak either in favor of or in opposition to? Okay. We'll close the public hearing. Do we have a motion? Mr. Roy. COMMISSIONER ROY: I think the applicant, we asked him to make a recommendation on how we can get over this major area of concern, at least that I have and I think I've heard it from others, too. But if you could also tell us in the City of Denton, which we're talking about here, approximately how many of these lots have been buih on so far, I think built or under construction, and, I think., perhaps, one of our Commissioners had the impression we were just starting off this subdivision but I believe there's quite a few lots built out there already. MR. REICHHART: We did have that information as of October or -- of last year and we're looking for it because the City does track that. COMMISSIONER ROY: Approximately. MR. REICHHART: well. about 200. Phase I was about 300 lots and just talking real quick, we think PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 53 - Page 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 57 Page 59 I we have about 200 aln:ady in. If you took -- this is from I architectural control and/or no more than 50 percent 2 the Xerox and the P.D. and Country Lakes North is right 2 garage doors constructed of wood. 3 here. There are 649 lots that are the 5,500 square foot 3 MR. REICHHART: The only issue we have 4 minimums, 526 lots that are 7,000 square foot minimum and 4 about saying it just like that is what if you have a 5 then 9710ts that are 8,400. And that's a little 5 combination, the column and the door, and that column and 6 deceiving because if you look at a corner lot, you know, 6 door combination or recessed column or door, I bet we'll 7 the corner lots are bigger, but, you know, because of 7 see those., how does that fit into the mix and do I count 8 setbacks, it still acts as a, you know, 5,500 lot, which 8 that into the mix or if it's more than two elements it 9 is, you know, 50-foot minimum, 50-foot minimum and the 9 doesn't count towards the mix -- that's why we're trying 10 70-foot minimum. 10 to say one element by itself isn't going to -- once you 11 But the question was raised anyway what - 11 start making combinations, you know, you can have recessed 12 how many lots total do we have and what are the breakdown 12 and brick, you can have recessed and carriage, you can 13 in sizes. And that's another issue when you go to saying 13 have recessed, brick and carriage. Now, you're really 14 this lot size will have this and that lot size will have 14 getting into variety. IS this. When you get to a corner lot, you know, it's part 15 LEGAL: And rill not meaning to frustrate 16 of your, if your will, your 6,000 square feet village or 16 you here or anything like that or in any way inteIject by 17 your 7,000 square foot village and that's what you 17 thoughts into this, I'm just trying to understand here if 18 designed these blocks to be. You're going to have bigger 18 you had a situation, say, where -- say, 50 percent or less 19 lots in there. You're going to have lots on the outside 19 of the houses that you built are exclusively recessed 18 20 corner, pie-shaped lots that are bigger. Just because 20 inches with no other elements, you could have the 21 those are the minimums -- there are lots that are bigger, 21 remainder of the lots that are recessed 18 inches with 22 but that's the breakdown from the P.O., the approved P.D. 22 either Bore also. 23 of the lots. 23 MR. REICHHART: We can wordsmith as long as 24 The one thing we just jotted down quickly 24 we understand and, you know, the Commission understands 25 and we think it addresses the issue - pardon my 25 where we're heading, I mean, I think something like that Page 58 Page 60 1 handwriting, but it's that -- we would put this - I 1 would work. I want to see the word -- exactly how we 2 probably wrote it right on the same page, no I didn't. So 2 write it, but I think that exclusively is what we're 3 this would go right after all front-facing garages shall 3 trying to get to, that it wouldn't just exclusively be 4 be, you know, the recessed this or this and then no one 4 brick, you know, or recessed 18 inches. Now, if someone 5 element by itself will comprise more than 50 percent of 5 - well, you can recess it, well, hey, we're capped at 6 the houses. So you won't get a dominant feature out 6 recessing, you're going to have to do something else. 7 there. It forces a mix, but it doesn't force an exact 7 LEGAL: okay. And I understand. I'm not 8 number because we could end up with 33 percent all 49, 25, 8 trying to tie you down to specific words, but, you know, 9 25 -- 26, I guess it would be. But you could also get 9 in terms of the intention of this, if this Commission is 10 J -Swings, but no one element would be dominant. And I 10 to carry fOlWard a recommendation on this, you know, it 11 think that addresses the force of having other options. 11 seems to me that the recommendation needs to be fairly 12 261 building permits -- thank: you -- is in 12 clear about what's intended. And when you're saying that 13 the original staff report. And that was, again, I think 13 no one element by itself, that does open up the 14 at the end of October, the numbers, when I got it from 14 possibility of 50 percent could be of that nature and the 15 them -- when we fIrst started doing this, so over 200. 15 remaining 50 percent could have that in combination with 16 COMMISSIONER STRANGE: Legal. 16 something else, such that 100 percent of them could have 17 LEGAL: LaITy, just clarify you're not more 17 one of these question. 18 than 50 percent. Are you talking about what's the 18 MR. REICHHART: Yes. And that's where the 19 elements that are in Item No.2 on Page 3 of your -- 19 exclusive by itself, you know, the combinations, if I 20 MR. REICHHART: Yes, of those three 20 remember my math, there's nine different combinations. 21 elements. 21 COMMISSIONER STRANGE: staff. 22 LEGAL: so perhaps another way of saying 22 MS. CARPENTER: Thank: you, Mr. Chairman. I 23 it would be if you inserted no more than 50 percent in 23 think what we're being -- what the Commission is being 24 front of A, B, C -. if you just said no more than 50 24 asked to do here is to trade off 33 percent J-Swing 25 percent recessed 18 inches, no more than 50 percent have 25 garages, okay, which is in the PD for the proposal on CondenseIt 1M PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 57 - Page 60 CondenseIt 1M Page 61 Page 63 1 Pages 3 and 4. So I'm just trying to help us remember 1 MR. REICHHART: There are and I think this 2 what it is we're trying to do. They're asking to trade 2 will help. 3 off the 33 percent J-Swing for the proposals on Pages 3 3 COMMISSIONER STRANGE: okay. Thank you. 4 and 4. All right. And then secondly, if I could offer 4 Okay. Do we have a motion? 5 the wordsmithing, but only if it's clear that you're going 5 COMMISSIONER ROY: I'm looking at our 6 to go forward with this proposal then I could offer my 6 garage queen. 7 wordsmithing. Mr. Chainnan. 7 COMMISSIONER STRANGE: Mrs. Holt 8 COMMISSIONER STRANGE: Mr. Roy. 8 COMMISSIONER HOLT: I move that all 9 COMMISSIONER ROY: I want to clear on the 9 front-facing garages shall either be recessed 18 inches, 10 issue of what this would apply to. You have -- I don't 10 have an architectural control of single car door separated II know, I didn't see the nwnber -- I didn't total up the II by masonry column and/or garage doors shall be constructed 12 nwnber of how many lots you have in this -- 12 with wood or simulated wood panels with wood or simulated 13 MR. REICHHART: There's approximately 13 wood trim and no one element will comprise more than 50 14 another 1,000 lots to be built. 14 percent of these houses. 15 COMMISSIONER ROY: So are we talking about 15 COMMISSIONER WATKINS: second. 16 going forward-- 16 COMMISSIONER STRANGE: we have a motion by 17 MR. REIClffiART: Yes. 17 Ms. Holt and a second by Mr. Watkins. Do we have any 18 COMMISSIONER ROY: -- this 50 percent or 18 discussion? Mr. Roy. 19 are we talking about the whole 1,000 plus the 261 and 19 COMMISSIONER ROY: I believe the -- you 20 putting all of that together. 20 probably did not mean not to include the recommendations 21 MR. REICHHART: well, out of the 261 there 21 that are on Page 4 of the applicant's -- his offer for 22 are a few that are recessed. a few that are brick columns, 22 his, about the windows, trim, sodding, trees, all of those 23 I mean. I just as soon start from, you know, the next 23 issues that are outlined on Page 4, so I would offer a 24 building permit comes in, once the ordinance -- assuming 24 friendly amendment to include the applicant's offer of 25 we move forward and the ordinance is approved, let's just 25 those first three points on Page 4 of his letter of Page 62 Page 64 1 start right here and move forward, and what was built was 1 January the 2nd. 2 built and we will guarantee what will be built in the 2 COMMISSIONER HOLT: Do you want me to read 3 future, I mean, if you want to include the old ones, you 3 those. 4 know, that gives us a headstart, but I just as soon start 4 COMMISSIONER STRANGE: why don't you read 5 from Day 1. We don't own it -- it's not art of the- 5 those into your motion, if you don't mind. 6 exclusively was not included in this PD. 6 COMMISSIONER HOLT: okay. Also in the 7 COMMISSIONER ROY: BUt we don't know what's 7 motion is windows shall be provided with trim included but 8 bren built so far has been built per the PO because the 8 not limited to brick bands, shutters and/or stone options. 9 idea was, I think, you would check your PD requirements at 9 Each front and side yard will be fully sodded and each 10 the end, so we don't know where you are out there now. If 10 front yard will be landscaped with a minimwn of 20 11 you're supposed to do 33 percent J-Swings, you may have 10 11 one-gallon shrubs and two three-inch trees prior to the 12 percent J -Swings. 12 original conveyance of any house. The minimum square 13 MR. REICHHART: I'm sure the number is 13 footage of houses shall be 1,400 square feet on lots less 14 lower than that, but you're right, we could be at ten 14 than 7,000 square feet, maximum 649 lots; 2,000 square 15 percent now. I believe we're over on the recessed. It was 15 feet on lots 7,000 square feet to 8,400 square feet, 526 16 supposed to be 33. I know we're over on that. So that in 16 lots; and 2,200 square feet on lots 8,400 square feet and 17 combination with the flush and the J-Swings, you know, the 17 greater, at least 97 lots. 18 exacting numbers, I think it would make better sense just 18 COMMISSIONER ROY: One more point, if I 19 to start with new building permits instead of trying. to go 19 may, Mr. Chairman, I believe part of the application here 20 back and look at something and say, okay, where would this 20 is the abrogation -- what is the word of the J-Swing 21 fit because there's some that would not meet this 21 requirement and I believe part and parcel of their request 22 requirement that are flush that don't have the 1:rin1. you 22 is that all lots may have front-facing garages and Item 1 23 know, the doors or the columns. 23 on page 3. Did you intend to not support that or go along 24 COMMISSIONER.ROY: I think there's quite a 24 with that recommendation and continue the requirement for 25 few of them. 25 J -Swings or is Item 1 also part of your -- PLANNING AND ZONING MINUTES JANUARY 11~ 2006 Page 61 - Page 64 Page 65 Page 67 I COMMISSIONER HOLT: No. I'd like to have 1 somehow this gets out quickly to the people who are buying 2 the J-Swing option left in there, they could build. 2 and maybe some of those houses that are under construction 3 COMMISSIONER STRANGE: They can, but they 3 right now because I think once people see this, it's going 4 don't have to. 4 to catch on and I'd like to see it - maybe we've got some 5 COMMISSIONER ROY: so you're agreeing with 5 ideas for our Code changes some day. Thank you. 6 item 1, then that all front-facing garages -- a1llots may 6 COMMISSlONER STRANGE: okay. So we have a 7 have front-facing garages. 7 motion by Mrs. Holt and a second by Mr. Watkins and it is 8 COMMISSIONER HOLT: Yes. 8 agreed that staff and legal will continue to wordsmith 9 COMMISSIONER ROY: I offer as a friendly 9 before it goes to Council Any other discussion? If not, ID amendment as well the wording of Item 1 on Page 2 -- 10 are we ready to vote? All in favor of the motion or 11 excuse me, Page 3 of their letter of Januaty the 2nd. II against the motion, please vote. The motion passes 7-0. 12 COMMISSIONER STRANGE: JUst to be clear, 12 MR REICH HART: Thank you for your 13 why don't we read that into the record as well, Mrs. Holt. 13 patience. 14 COMMISSIONER HOLT: A1llots may have 14 COMMISSIONER STRANGE: our next public IS front-facing garages, front facing attached or detached 15 hearing is Item 5B, which is an Alternative Development 16 garages cannot extend in front of the house, however, 16 Plan for proposed retail and office development on 17 attached garages that do not face the street, typiCally 17 approximately 25 acres located on the northwest corner of 18 referred to as J-Swings, may extend in front of the 18 University Drive and Old North Road intersection. The 19 houses. 19 property is located in a neighborhood residential mixed 20 COMMISSIONER STRANGE: okay. Do you take 20 use zoning district and commercial mixed use general 21 those friendly amendments to your second. 21 zoning district. 22 COMMISSIONER WATKINS: I take those. 22 The purpose of the Alternative Development 23 COMMISSIONER STRANGE: Okay. So we have an 23 Plan is to deviate from the requirements of Subchapter 13 24 amended motion and now an amended second 24 of the Development Code and this item has been remanded 25 COMMISSIONER ROY: And just one 25 from the City Council Ms. Chew1e. Page 66 Page 68 1 clarification, my understanding is is that what we're 1 MS. CHEWLE: This item was presented to 2 expa:ting, what we're understanding is there may be some 2 Planning and Zoning Commission on November 9th, 2005. 3 review of this language, perhaps, by legal or staff before 3 Staff had recommended denial, but Planning and Zoning 4 it gets to Council if it can be improved; is that correct? 4 Commission made the reconnnendation to City Council to 5 LEGAL: Yes. Typically what happens is 5 approve this - the parking - the two rows of parking in 6 that Planning staff will rough out an ordinance and I will 6 front of the building with some conditions that there 7 review it and sign off of it, approval as to legal 7 would be a three-foot high berm, there would be a 8 sufficiency. It hasn't been mentioned in the motion, I 8 three-foot high hedge and that there would be a 12.5 feet 9 know that at one time that it was mentioned, the issue of 9 landscaped area in addition to the required ten feet. 10 what it means to have simulated wood panels or simulated 10 When this case was presented to the Council 11 wood trim. and I know at one point the applicant said 11 the Council's discussion centered around the apparent and 12 something about attaching some photographs to use as 12 completeness of the ADP and the Council's desire to 13 exemplars of that and I don't know whether the Commission 13 consider an ADP that addressed all of the site design 14 intends to include that in the motion as well or not. 14 issues. The applicant came back and submitted the -- 15 COMMISSIONER HOLT: I would like to, 15 submitted -- well, it's not a new site plan. This is 16 uh-huh. 16 really the site plan that the applicant submitted at fIrst 17 COMMISSIONER WATKINS: second. 17 whenever they made the application. 18 COMMISSIONER ROY: And I would just like to 18 The applicant at that time only wished to 19 comment then, I'm going to support this motion. I think 19 ask for parking in front of .. between the building and 20 that the idea for the columns just looking at them, if you 20 the street, there was other incomplete information on the 21 drive through the subdivision, the columns help a lot and 21 site plan, and, therefore, staff suggested that all of 22 these doors, these wood doors or simulated wood panels are 22 that be removed from the site plan just so it doesn't get 23 going to make a - can make a major improvement in the 23 approved the way it was on the site plan because the 24 subdivision and could make it one of the nicer looking 24 parking is in access. The staff could not calculate the ,25 subdivisions of homes in this price range. So I hope that 25 parking because the uses were not determined, so we had Condenselt 1M PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 65 - Page 68 S :\Our Documents\Ordinances\06\ADP05-0008.doc ATTACHMENT 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE DEVELOPMENT PLAN ON APROXlMATEL Y 25 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNNERSITY DRIVE AND OLD NORTH ROAD INTERSECTION, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, AND A COMMERCIAL MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR THE LIM:ITED PURPOSE OF ALLOWING PARKING BETWEEN THE STREET AND THE BUILDING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXTh1UM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (ADP05-0008) WHEREAS, ImperilU11 Holdings, LP has applied for an alternative development plan which is on file in the City's Planning Department, on approximately 25 acres of land, located in a Neighborhood Residential Mixed Use (NRMU) zoning district and a Commercial Mixed Use General (CM-G) zoning district, as more particularly described in Exhibit "A" attached hereto, and made a part hereof by reference (the "Property"); and WHEREAS, on November 09, 2005, the Planning and Zoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, on December 6, 2005, the Planning andZoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, on January 11, 2006, the Planning and Zoning Commission recommended approval with conditions of an Alternative Development Plan; and WHEREAS, the City Council finds that the Alternative Development Plan is consistent with The Denton Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein as true. SECTION 2. The Alternative Development Plan, consisting of two rows of parking between the building and the street as set forth in the site plan attached as Exhibit "B", is hereby approved, with the following conditions: 1. Provide a 3 feet high berm along University Drive frontage outside the 8 foot easement. 2. Provide 3 feet high hedge along University Drive frontage outside the 8 foot easement, and planted in front of the berm. 3. Provide a 12.5 foot landscape area, in addition to the required 10 foot wide landscape area, planted with one large tree for every 40 linear feet. (The landscape area will be 1 S:\OUT Documents\Ordinances\06\ADP05-0008.doc 22' to back of curb and 22.5' to front of curb). SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision ofthis ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of , 2006. 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A.om~oF7a.7~m:rTO.AV2....IJlON~FOuNOf'PR~... . .. .~fSOo1H..l...2+.. ..EAS1'.COHrlNUfNG.wm;A .NOR1li....Lltlt. .... .SWO...14;.22 AdREwC'ti 4 OISfANCE OF . .. ... ..2Mi;otrmm't1lEPlACE OF .smlHNltiIGANO toNTAaNC19.1.36.ACRESH:n:'Ut8k . .. ........... .... ......... ..... ........ .... ... . . ... .j:~I~:i:~~. ......~~;;a~<fo~=~~._: ..REYl!W .. PUJIPOSES . .gJ..IlEJl~m..fORAtf(. .r"""R~~~,Rqllri.,.dPtW...l!ijj4'~.~HO' ..$574....... 2 EXHIBIT ~ B \ ~! h 'ti ,j i I \ \1 7. .. ~ P\\ ; i ,\ \ ~ " ;rz j~~U: r !E!2d~ , ./ ''-'--~-~~. :::: I~ f---b Q~J:! ~~ o~ ~ 9;~ ,,:~ ; - . ~~ ~i~ ~I~ I~ ,. . I I ' I ~~, 3~~ -g ~ ~"5 ~.2 < ~ i- :i3 :;;: ~'!!.15 ,",.,g ~ :j ~i~~j ~H~ii ~~]'=~i ii g'; n E h ~f~ !~c:!~i ~ < ~ i ~ " :: '-. '" ~ n ~~ "' " - ~ ~ ~ ~~ .r. r-. :::!. ~~i~~ n;~t -= ~~~; ~2]8~. ~':.l 5 ~ ~ ~ ~ ~ ~ ~ ~~ :'Ix ~~_,r~; ~.;::~ ~ >. . ~ !.-..c__ ~.., t. ';.:.; ~~Hg . - ~ ~ < ~ ~ ~ ~ ~ ~ ~ U ~ U ,......., ~ "' = o ~ ~ (I) o ~ o Z ~ - o d r:/:1 ~ o ..!:1 r./'J (I) ...0 ~ 2~~7 im ~~~~ O~,c::<:- nu ~~ ~~ g~8~ ~~;~ ~ !:< ~~ 1 1h cH ~ ~ b 1f [ ~ .!! .. y;;. ~ ~ ~ i~!;r~ I " ~ ;5 ~ . ~ r-. 00 tJ Z ~ o ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ il ~ c 50 ~ I''':;: ~;;;. ~~~:::: ~:.': N..........._ ~l ~~~ ~~~j~~ ---;-..-. ~ ~ AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 CM: Planning and Development ~ Howard Martin, 349-8232 __ DEPARTMENT: SUBJECT Z05-0025 (Country Lakes North) Hold a public hearing and consider adopting an ordinance amending the Detailed Plan for Country Lakes North. The subject property is within a Planned Development (PD-174) zoning district and is generally located 1200 feet north of Crawford Road between 1-35 Wand Fort Worth Drive. The Planning and Zoning Commission recommends approval (7-0) (Z05-0025, Country Lakes Subdivision). BACKGROUND Applicant: Spring Brook Planning Group Grapevine, Texas The applicant requests approval of a Detail Plan Amendment for Planned Development 174 (PD- 174). The applicant proposes to amend the Detail Plan regarding the requirement that 33% of the garages be J-Swing or side entry. The proposed amendment would allow the developer of PD- 174 to construct 100% front facing garages in all future single-family development. The 33% J- Swing requirement is a part of a Council adopted ordinance for Planned Development 174. The subject Detail Plan for Country Lakes North encompasses approximately 400 acres located within Planned Development 174 (PD-174) and includes a total of 1272 single-family home lots. Country Lakes North has had 261 building permits issued, 222 of which have been for homes with front facing garages (39 homes with J-Swings). Of the 222 homes with front facing garages, 118 are recessed. On September 22, 2005 the applicant submitted a request to amend the requirement that 33% of the garages be J-swing or side entry. On December 14, 2005 in the Planning and Zoning Commission meeting, applicant proposed to amend the requirement that 33% of the garages be J- swing or side entry. The Planning Zoning Commission on December 14, 2005 tabled this item until January 11, 2006 for the applicant to propose an acceptable alternative as mitigation for the requested amendment to the Planned Development Detail Plan. On January 3, 2006 applicant revised the proposal to amend the requirement that 33% of the garages be J-swing or side entry and proposing the following conditions in its place: Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street (J -Swings) may extend in front of the house. Additionally, All front facing garages shall either be: a. Recessed 18", b. Have an architectural control of single car doors separated by a masonry column, and/or 1 c. Garage doors shall be constructed with wood or simulated wood panels with wood or simulated wood trim. Staff recommended approval of the requested Detail Plan amendment proposal submitted by applicant on January 3, 2006 for Planned Development 174 subject to the following conditions: 1. Each lot must be provided with one 3-inch caliper tree in the front of the house above the required landscaping per the Code and the Ordinance. 2. At least 50% of the front facing lots shall be 18" or more recessed. 3. At least 50% of the front facing houses shall have architectural control of single car doors separated by a masonry column, and 4. At least 50% of Garage doors shall be constructed with wood or simulated wood panels with wood or simulated wood trim. Public notification information is provided in Attachment 3. As of this wrItmg, staff has received 3 responses in opposition, 2 responses in favor and 3 responses neutral to the request from property owners within 200 feet of the subject site. OPTIONS 1. Approve. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table. RECOMMENDA TION The Planning and Zoning Commission considered an amendment to the garage orientation condition in Ordinance No. 2000-321, which reads; No more than 67% of the lots may have houses with attached, front facing garages. At least 50% of such attached, front facing garages shall be recessed a minimum of 18 inches from the front of the house. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. On January 11, 2006, the Commission recommended approval of the amendment to the garage orientation condition in Ordinance No. 2000-321 with following conditions: 1. All lots may have front facing garages. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street (typically referred to as J-swings) may extend in front of the house. 2. All front facing garages shall at least contain one of the following features, but no single feature can be used more than 50% on the lots: a. Recessed 18", 2 b. Have an architectural control of single car doors separated by a masonry column, and/or c. Garage doors shall be constructed with wood or simulated wood panels with wood or simulated wood trim (Carriage Style Garage Doors, refer to attached draft ordinance Exhibit B). 3. Windows shall be provided with trim, including but not limited to brick bands, shutters and/or stone options. 4. Each front and side yard will be fully sodded and each front yard shall be landscaped with a minimum of 20 one-gallon shrubs and 2 three-inch trees prior to the original conveyance of any house. 5. The minimum square footage of houses shall be: · 1,400 sq. ft. on lots less than 7,000 sq. ft. (max. 649 lots). · 2,000 sq. ft. on lots 7.000 sq. ft to 8,400 sq. ft. (526 lots) · 2,200 sq. ft. on lots 8,400 sq. ft. and greater (at least 97 lots) ATTACHMENTS 1. Staff Analysis 2. Maps 3. Public Notification Map 4. Site Photographs 5. Letter of Intent submitted September 22,2005 6. Letter ofIntent submitted December 14, 2005 7. Letter ofIntent submitted January 3, 2006 8. Planning and Zoning Commission Minutes, December 14, 2005 9. Planning and Zoning Commission Minutes, January 11,2006 10. Ordinance ~bY Respectfully submitted: Supriya Chewle, Planner I Kelly Carpenter, AICP Director of Planning and Development 3 ATTACHMENT 1 Staff Analysis Summary of Request The Detail Plan encompasses approximately 378.1 acres located within Planned Development 174 (PD-174) consisting a total of 1272 single-family homes. Ordinance No. 2000-321 - No more then 67% of the lots may have houses with attached, front facing garages. At least 50% of such attached, front facing garages shall be recessed a minimum of 18 inches from the front of the house. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. On September 22, 2005 the applicant submitted a request to amend the requirement that 33% of the garages be J-swing or side entry and proposing the following conditions in its place: Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street (I-Swings) may extend in front of the house. Additionally, a. On Lots less than 60' wide. 1. At least 33.5% of the lots with houses with attached, front facing garages shall be recessed a minimum of 18 inches from the front of the house. 11. At least 33% of front entry garages shall have an architectural control of single car doors separated by a masonry column. (Houses will still be built with two car garages) 111. Houses shall have a minimum square footage of 1,200 square feet. b. On Lots 60' wide to 69.99' wide. 1. At least 33.5% of the lots with houses with attached, front facing garages shall be recessed a minimum of 18 inches from the front of the house. 11. At least 33% of front entry garages shall have an architectural control of single car doors separated by a masonry column. 111. Houses shall have a minimum square footage of 1,800 square feet. c. On Lots 70' wide and wider. 1. At least 33.5% of the lots with houses with attached, front facing garages shall be recessed a minimum of 18 inches from the front of the house. 11. At least 33% of the houses shall be constructed with J-swing style garages. 111. Houses shall have a minimum square footage of 2,200 square feet. 4 Ordinance EXISTING REQUIREMENT Assuming Max. Build out Lots less than Lots between 60' Lots 70' wide or 59.99' wide and 69.99' wide wider Total Potential Lots 1272 649 526 97 Front Facing 67% +852 435 352 65 Recessed (At least 50%) :1:426 217 176 32 Flushed :1:426 218 176 33 J Swings :1:420 214 174 32 PROPOSED REQUIREMENT Assumin~ Max. Build out Lots less than Lots between 60' Lots 70' wide or 59.99' wide and 69.99' wide wider Total Potential Lots 649 526 97 Front Facing 67% 65 Front Facing 100% 649 526 Recessed (At least 50%) 32 Recessed (At least 33.5%) 217 176 Flushed 432 350 33 J Swings - - 32 The following table shows the comparison between the eXIstmg PD requirement and the amendments requested by the applicant with the application made on September 22,2005. Existing Proposed Applicability Applicability Lots less than Lots between Lots 70' wide PD Condition All Lots 59.99' wide 60' and 69.99' or wider wide Front Facing Garages 67% Up to 100% Up to 100% 67% Front Facing Garages extending beyond 0% 0% 0% 0% house Front Facing Garages recessed at least 18" 50% 33.5% 33.5% 33.5% J-swing or non-front facing garages 33% None None 33% Masonry columns separating single Not required 33% 33% Not required garage doors Minimum house size 900 sq. ft. 1,200 sq. ft. 1,800 sq. ft. 2,200 sq. ft. Front & side yard sodding Not required 100% 100% 100% 20 one gallon shrubs planted in front yard Not required 100% 100% 100% Window Trim Not required 100% 100% 100% The applicant is requesting that on lots less than 70 'wide, the requirement that no more than 67% of the total lots should be front facing be changed to allow up to 100 % front facing 5 garages. The applicant is also requesting that the requirement that at least 50% of the front facing garage be recessed by 18 inches be reduced to 33.5%. On December 14, 2005 in the Planning and Zoning Commission meeting, applicant proposed to amend the requirement that 33% of the garages be J-swing or side entry and proposing the following conditions in its place: Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street (I-Swings) may extend in front of the house. Additionally, On Lots less than 60' wide: a All lots may have front facing garages. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. · At least 2/3 of the lots with front facing garages shall have garages that are recessed at least 18 inches from the house or have an architectural control of single car doors separated by a masonry column. a Houses shall have a minimum square footage of 1,200sf On Lots 60' wide to 69.99' wide: a All lots may have front facing garages. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. · At least 2/3 of the lots with front facing garages shall have garages that are recessed at least 18 inches from the house or have an architectural control of single car doors separated by a masonry column. (Houses will still be built with two car garages) a Houses shall have a minimum square footage of 1,800sf On Lots 70' wide and wider: a No more than 2/3 of the lots shall have front facing attached or detached garages. Front facing garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. · Front facing garages shall have garages that are recessed at least 18 inches from the house or have an architectural control of single car doors separated by a masonry column. a At least 1/3 of the houses will be constructed with J-swing style garages. a Houses shall have a minimum square footage of 2,200sf On all residential Lots: Each front and side yard will be fully sodded and each front yard shall be landscaped with a minimum of 20 one-gallon shrubs and 2 three-inch trees prior to the original conveyance of any house. Windows shall be provided with trim, including but not limited to brick bands, shutters and/or stone options. 6 Planning Zoning Commission on December 14, 2005 tabled this item until January 11, 2006 for the applicant to propose an acceptable alternative as mitigation for the requested amendment to the Planned Development Detail Plan. On January 3, 2006 applicant revised the proposal to amend the requirement that 33% of the garages be J-swing or side entry and proposing the following conditions in its place: Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street (J -Swings) may extend in front of the house. Additionally, All front facing garages shall either be: a. Recessed 18", b. Have an architectural control of single car doors separated by a masonry column, and/or c. Garage doors shall be constructed with wood or simulated wood panels with wood or simulated wood trim. Existin2 Condition of Property Property History. February 20, 2002 - The subject property retained the Planned Development 174 (PD-174) zoning status and land use classification by Ordinance 99-205. The subject property is vacant. Adiacent zonin2: North: Planned Development 174 (PD-174) South: Planned Development 174 (PD-174) East: ETJ West: Planned Development 174 (PD-174) Development Review Analysis Per Section 35-181 of Chapter 35 of the Code of Ordinances, all planned development districts shall be developed, used, and maintained in compliance with the approved Concept Plan for the di stri ct. Planned Development 174 has been designed to allow the co-existence of residential, non- residential, outdoor recreation. The proposed amendment to the Detail Plan as submitted is compatible with The Denton Plan and surrounding land uses. 7 ATTACHMENT 2 Location/Zoning Map NORTH 6 ATTACHMENT 3 Public Notification Scale: None THE SUBJECT SITE DOES NOT INCLUDE COUNTRY LAKES WEST AS SHOWN IN THE NOTIFICATION MAP. Newspaper Notification Date: December 4, 2005 200' Legal Notices* sent via Certified Mail: 118 · In Opposition: 0 · In Favor: 0 · Neutral: 0 Percent of land within 200' in opposition: 0% *Properties in the ET J are not notified 7 ATTACHMENT 4 Public Notification Existing home with front garages Public Notification Existing home with front garages 8 4aI.~Sp-/rlIfg..../.../B.rook ~.. pl'Jnn,no group ATTACHMENT 5- LETTER OF INTENT September 17, 2005 Ms. Kelly Carpenter Director of Planning and Development City of Denton City Hall West 221 N Elm Denton, TX 76201 RE: Minor Amendment to Planned Development 174 (Country Lakes). Dear Ms. Carpenter: Planned Development 174 (PD-174 - Country Lakes) was originally approved on 15th 1999 (Ord, No. 99-205) and later amended on September 12, 2000(Ord. No 321). It is one of 19 PO's that continued as a special exception when the Df:mton Development Code was adopted in February 2002. We are requesting a minor amendment to the garage orientation condition in Ordm3r;(;e No, 2000-321 which reads; 3. No more than 67% of the lots may have houses with attached, front garages. At least 50% of such attached, front facing garages shall be recessed minimum of 18 inches from the front of the house. Front facing attached detached garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. We believe that this condition was placed on the development for two reasons. The reason was to ensure that the garage would not become the dominant architectura; feature along the streetscape. However, this issue is already covered in conditions of the PO, specifically Section V of Ordinance No. 99-205 which requires attached or detached garages cannot extend in front of the house. It goes on that they must be flush or recessed from the front fayade. The second reason for condition was to create variety in house elevations by forcing 33% of the garages built as "J-swlng.s.'~;:;side entry. It is this portion of the condition that we are seekinfj (\~;.~~d~YWo~~(\i(J-swing" style garages on lots less than 70' wide is . '1 fl \PIQblemat.!S.JI:~~fJl'~\in a relatively large portion of the front yard as driveway \ \ ~: <\,vetltcU1ar maneu~~~inb! Ii is extremely tight and difficult. Because of the tightness \ \ i \ \Jnan~I;J\(~r1nOOLlbislctittfa4t to get two cars into the garage and typically, one vehicle !s \ Ll uin tlre'dnveway, blt>cking, the front fayade (due to the configuration of the driveway). . ,~_'_' ~_,-...=._.__,~--~---~.,i (: f'" f~~\H:?~s,~~nJt$"+aJt,cN1qyality of the development are extremely important to c. ~'.~.~~<tev:elO.f)er%-and"'tmHae-rs of Country Lakes. To that end, we are proposing the follovnng conditions in place of the condition noted above; 2405 Mustang Drive I Grapevine, Texas 76051 I 469-955-8580 I 817-329-4453: PO 174 Minor Amenwr!oni September!?, ;;005 Page ()f 1. On Lots less than 60' wide. a. 1/3 of front entry garages shall have an architectural control of single car doors separated by a masonry column. (Houses will still be built with two car garages) b. Houses shall have a minimum square footage of 1,200sf 2. On Lots 60' wide to 69.99' wide. a. 1/3 of front entry garages shall have an architectural control of single car doors separated by a masonry column. b. Houses shall have a minimum square footage of 1,800sf 3. On Lots 70' wide and wider. a. 33% of the houses will be constructed with J-swing style garages. b. Houses shall have a minimum square footage of 2,200sf 4. Each front and side yard will be fully sodded and each front yard shall bE; landscaped with a minimum of 20 one gallon shrubs and 2 three inch trees prio: to the original conveyance of any house. 5. Windows shall be provided with trim, including but not limited to brick bands, shutters and/or stone options. It is our belief that these additional conditions provide the architectural variety that was originally sought, while at the same time providing the builders with additional flexibIlity in the design of the houses. The proposed conditions enhance the developer's dedication to a quality development by committing to landscaping, window trim and minimum house sizes that far exceeds the 900 square foot requirement In the Development Code. As mentioned above, the quality of the development is extremely important to the developers of Country Lakes. To ensure a high quality development they have incorporated a number of requirements in the PD and within the Covenants, Condittons & Restrictions for the Owners Association. Those requirements include: PD Requirements: . 80% of the surface area of all exterior walls excluding dormers, gables, porches, windows, doors, and bay windows provided that 100% masonry is required for the front side of residential structures. Masonry includes brick, stone, or stucco. . There shall be no repeat house elevations within 200 linear feet of each other on the same street, wlJ.jy..bJs measured from the nearest property line. ___!'-::IBtr~n;\~fqR ~ohn Payne shall at a minimum consist of masonry columns \ :;-.'...\ :!~~<f,:~iQught lf~\ \st 'i fencing. Please note that this requirement has been ..... :: ):!exe~e" i yvall is masonry. ".. \ f....\\\Ea~,h:)h~ureL~II\ r 2 car enclosed garage that cannot extend in front of the : '; j uhok1se .., \ \ ,.~' .' i j ,_.._..~---------' \ 'oRe ufre iants Conditions & Restrictions for Owners Association: '. ~L~~) ~~------~.__...~--.,_._..~~-"._-~ A.n::llltectural Control & Review including: PO 174 Minor Amenomem September 1 7, ;>006 Page 3 . The width of the front of the main structure shall be in harmony with other dwellings in the Neighborhood. . All dwellings shall have a roof of wood shingles, slate, tile or 20 year compositior singles with a weight of at least 240 pounds per 100 square feet and that have a weathered brown or gray look. . The roof pitch of the structure shall be 6 ft. to 12 ft. minimum. . Chimney flues on any exterior sides or front wall, or on a back wall of any structure located on a corner Unit shall be enclosed one hundred (100%) percent in brick or masonry except for the side of the chimney that faces the roof. . There shall be a completely enclosed garage with a minimum of two (2) automobile parking stalls of at least 8 feet x 18 feet for each single-family unit. . No wall, coping or fence shall extend nearer to any street than the front line of the dwelling. . No wire or woven fences are permitted on any portion of a unit that exposes it to view from the street or surrounding units. . Structure of a fence cannot be visible from any public right of way. . Fences adjacent to any greenbelt, stream, lake or other open area shall be constructed of iron metal or other non-wood material to maintain open views into the area. . No exterior combination of brick color, mortar color, and sand color shall be repeated within 200 lineal feet on the same street. . Any house built on a corner shall have exterior siding material, on the side(s) which is abutting a street that is comprised of One Hundred Percent (100%) briCK (excluding gables, windows and door(s). . Storage Sheds: Storage Shed will be allowed under the following guidelines: o An eight (8) high screen fence is required to screen the shed from adjacent lots. If a portion of the lot has a wrought iron fence on its boundary, then the 51';ed shall be screened by a planting of photinia or other similar plants. Plant must be a minimum of 5' in height and spaced a maximum of 36 inches on center o 10 foot maximum height. o The roof line shall be shingles, which match the color and type of the roof of the house. o The color of the siding of the shed shall match the color of the trim ot the house. o The storage shed must be on a concrete foundation. . Parking Requirements include: o Limited parking allowed other than in driveways & garages o Commercial vehicles, tractors, mobile homes, recreational vehicles, trailers, campers, camper trailers, boats and other water craft shall be parked ie e~~--\ Vehicles that are obviously inoperable or do not have i,::,;;;;.;~:~-;~~(~tfe~~\:.~~ra i \censes shall not be permitted on the "properties" except \ 1:f'-'" \ \c~~'<:Wft~ \g ~ges. , ",~::~".1Jnsi9htIY&..U~e ~nditions: ~\\ :, \\0 ,;~~~ ~rti~~hf ~ nit\outside of e~closed structures sh~1I b~ kept in a clean and ", L L'"'\ 'tidy condlt!.QnJit all t\mes. Nothing shall be done, maintained, stored, or I(ept 'L./-ot1tsiOi. I e~f.l fWt~~fi\\<l ~tr~cture.s on a ~nit which causes an unclean, unhealthy v\S~N';~:~~~:e.9Jlditief,-to eXist or IS obnOXIOUs to the senses. t, L../" PO 174 Minor Amendment September 17, 2005 Page 4 or 4 . Business Uses: o No business, trade, garage sales, moving sales, rummage sales, or Sim!!al activity may be conducted in or from any unit. In summary, we believe that the existing conditions as well as the new proposed conditions will result in a quality development that the City of Denton can be proud of Your time and attention to this request is appreciated and we look forward to your favorable consideration. Sincerely, Spring Brook Planning Group 7c;zl~~/ ,;/ Lawn;~ce C. Reichhart, ASLA, AICP c n'-'\" nPt'V'E~IT 0, _ t feLl.W; 1".1\ ""'-~"-~"""~~-'''-~''--'"'~~~~-'''''''''-''"-'''''''''~~'~-'~'...~._.-_.'j) ATTACHMENT 6 - LETTER OF INTENT Country Lakes North - PD Amendment (Dec. 14,2005) Replace Existing Condition: 3. No more than 67% of the lots may have houses with attached, front facing garages. At least 50% of such attached, front facing garages shall be recessed a minimum of 18 inches from the front of the house. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. With: On Lots less than 60' wide: a All lots may have front facing garages. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. · At least 2/3 of the lots with front facing garages shall have garages that are recessed at least 18 inches from the house or have an architectural control of single car doors separated by a masonry column. a Houses shall have a minimum square footage of 1,200sf On Lots 60' wide to 69.99' wide: a All lots may have front facing garages. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. · At least 2/3 of the lots with front facing garages shall have garages that are recessed at least 18 inches from the house or have an architectural control of single car doors separated by a masonry column. (Houses will still be built with two car garages) a Houses shall have a minimum square footage of 1,800sf On Lots 70' wide and wider: a No more than 2/3 of the lots shall have front facing attached or detached garages. Front facing garages cannot extend in front of the house. However, attached garages that do not face the street may extend in front of the house. · Front facing garages shall have garages that are recessed at least 18 inches from the house or have an architectural control of single car doors separated by a masonry column. a At least 1/3 of the houses will be constructed with J-swing style garages. a Houses shall have a minimum square footage of 2,200sf On all residential Lots: Each front and side yard will be fully sodded and each front yard shall be landscaped with a minimum of 20 one gallon shrubs and 2 three inch trees prior to the original conveyance of any house. Windows shall be provided with trim, including but not limited to brick bands, shutters and/or stone options. ATTACHMENT 7 - LETTER OF INTENT ~~~: E ~~~'II~~_JI ~I~:(_.L~~ :~; i;7, i~':' :;:~ ':t=:. :,:~. :=,~1-L~.) " ., . ~~Of!t _ . m. . "<__. . ~ .' .. . :.'~ .~ .\: '." kt~/. .,. - ":' .~.. ~y '~.' ': "\:.I~~ <, \.'"df);piIt _ t ~,',"'. If. - 'llji:' ~...: ndmte'< la;'" .":. .. rlW1m:'" '. ~::.~.. 'lmt : .. .....: .:~. .~. ". . ~ . " '. ;:: ':; ... ,:".' . ....~ . :. . <.... '. ' . . :.:. . ~ -. ,. .,". ~ 1tJDmm.WJto_~ . ',m Qg&~ ..... _~ ,.. ~L.... ... ...., ....., .11,_ ~:~m{_~) tU " .,1 This in essence requires at least 1/3 of the garages to be recessed 18" from the main structure, up to 1/3 of the garages to be flush, and at least 1/3 to be J-swing garages. This requirement was placed on the PD the night the ordinance was approved (Attachment 5 - garage discussion highlighted along the side of the minutes). Staff recommended a~proval without any conditions as did P&Z. The first City Council hearing (July 25t , 2000) was continued to September 5th 2000 to allow the applicant and the Argyle ISD time to work out some issues. The September 5th public hearing was opened, the school issue discussed and the public hearing closed identifying the need for the applicant and Argyle ISD to continue working towards a resolution. Upon a resolution (or an impasse) the ordinance would be placed on the next available consent agenda for approval. A resolution was brought forward at the September 12th, 2000 City Council meeting to address the school issues. It was at that meeting that the issue of garage orientation, as well as repeat elevations and fence details was raised by Council. A lengthy discussion pursued, at which time the applicant (Mr. Murphy, representing Wynne Jackson) identified his concern over the timing and possible consequences of such a condition. However, after a 5 minute recess to work with staff, the existing condition was recommended by staff and the applicant and approved by council. PO 174 Minor Amendment January 2, 2006 Page 2 of 4 The problem with this condition is 3 fold: 1. No other subdivision in the City of Denton is required to build J-swing garages. As a matter of fact, no other subdivision in Denton is required to recess garages. A comparison of the reaming "single-family PO's (Attachment 1) shows the requirements (either proposed by the developer or required by the city) that those PO's have to follow. As can be seen, this PO is the only one with a garage orientation requirement. That means that the other PO's can build garages flush, recessed or in front of the house, as many have. Additionally, the original condition in the Concept Plan only said that garages had to be recessed or flush with the main house. Country Lakes has two Detail Plans associated with it. Country Lakes West (other wise known as Willow Lakes West) and Country Lakes North. When Country Lakes West was approved (approximately 1 year prior to the approval of Country Lakes North) the original garage condition remained in effect. Only Country Lakes North is subject to the new garage orientation requirement. Subdivisions approved prior to the adoption of the Development Code (Feb. 02) did not, or do not have any architectural requirements and subdivisions approved after the adoption only require front facing garages to not extend in front of the house and that the garage door not that up more than 40% of the front elevation. Again - no J-swing requirement. 2. The condition as written is dictating a market. As of October 2yth, 39 permits for J-swing garages had been issued (approximately 15% of the total permits). Of those only a small minority was built for a specific homebuyer and the rest were built as spec houses in an effort to meet the requirement. The builders are finding that home buyers, prefer front facing garage style houses over the j- swings for a number of reasons: a. Less pavement in the front yard and the driveway is not "in front" of the house as it is with J-swing style houses. b. Ease of vehicular entry into the garage. c. More back yard - On a J-swing style house, the main portion of the house starts behind the garage, which is approximately 20' behind where a front facing garage starts. That 20' is typically extended into the rear yard, thus reducing usable yard space. The house sizes are basically the same, but the amount of open space is drastically reduced with J-swing style houses. Placing hard number conditions or percentages on any type of house style to be built (Ranch, 2 Story Colonial, J-swing...) creates a forced market regardless if home buyers want those styles or not. Conditions or architectural requirements should add value to the house, neighborhood and community, not require a specific style of house. J-swing garages do have a place in the market; however, the actual number of J-swings built should be determined by the market. The builders in Country Lakes North will build j-swing style houses if people want them, however, they do not want to have to build them. PO 174 Minor Amendment January 2, 2006 Page 3 of 4 3. Turning movements and lot widths. Attachment 2 identifies the typical turning movements for a passenger car. Utilizing those movements, it takes approximately 59 feet to turn a car (or mini-van, truck, SUV...) 900 and have the car wheels & bumper overhang going straiqht. That would be the optimum width to have prior to entering into a garage. However, if we assume that a car can be off-set just a bit prior to entering a garage, that width can be reduced between 10 and 12 feet. Therefore utilizing 5' side yard setbacks and a 20' wide garage, the minimum lot width needs to be at least 77 feet wide to easily accommodate vehicular entry into a J-swing garage. If entry into the required 2 car garage cannot be accommodated folks typically end up parking parallel to the garage in front of the house. In order to address the above mentioned concerns the developers (Wynne Jackson), representatives from the 3 existing builders (Goff Homes, Bowen Family Homes and Sandland Custom Homes) and myself got together to review our proposal and try to determine alternatives which would address everyone's concerns. To that end we are proposing the following condition as a replacement for the existing garage orientation requirement: 1. All lots may have front facing garages. Front facing attached or detached garages cannot extend in front of the house. However, attached garages that do not face the street (typically referred to as J-swings) may extend in front of the house. 2. All front facing garages shall either be: a. Recessed 18", b. Have an architectural control of single car doors separated by a masonry column, and/or c. Garage doors shall be constructed with wood or simulated wood panels with wood or simulated wood trim. This condition accomplishes a number of objectives: 1. It still allows for the construction of J-swing garages. 2. It still allows for garages to be recessed 18" (as currently required) 3. It requires front facing garages that are not recessed at least 18" to receive either brick columns (Attachment 3) or the wood trimmed doors (typically referred to as the Carriage House look, Attachment 4). 4. It minimizes the "impact" of garages by providing architectural alternatives for the treatment of garages. 5. Along with the existing condition that no house has the same elevation within 200' -creates variety along the streetscape. 6. It does not create exacting numbers for anyone type of house style, which provides flexibility to the builders and home buyers and will be easier for city staff to track and administer. PO 174 Minor Amendment January 2, 2006 Page 4 of 4 In addition to the above condition, the following conditions are also offered: . Windows shall be provided with trim, including but not limited to brick bands, shutters and/or stone options. . Each front and side yard will be fully sodded and each front yard shall be landscaped with a minimum of 20 one gallon shrubs and 2 three inch trees prior to the original conveyance of any house. . The minimum square footage of houses shall be · 1,400 sq. ft. on lots less than 7,000 sq. ft. (max. 649 lots). · 2,000 sq. ft. on lots 7.000 sq. ft to 8,400 sq. ft. (526 lots) · 2,200 sq. ft. on lots 8,400 sq. ft. and greater (at least 97 lots) An issue over minimum square footages was raised at the previous P&Z meeting. A resident of Country Lakes (Ms. Teniente ) stated that she had been told that the minimum building size was 1,900 sq. ft. We know of no legal requirement (PD and/or filed Declaration of Covenants, Conditions and Restrictions) for any minimum square footage requirements and as of today, have not found any documentation that identifies a minimum square footage requirement for PD 174. Additionally, Ms. Teniente has been contacted and was told of our findings and revised proposal. She recalls two different sale representatives telling her that the minimum square footage was 1,900 sq. ft. Although she has not located documentation supporting her position (as of the writing of this letter), she will continue to look for it. She also indicated that she liked the idea of the wood doors and would be present at the January 11 th meeting. Please note that the proposed 1,400 sq. ft is an increase from the previous 1,200 sq. ft. offered and the 2,000 sq. ft. now proposed is an increase from the previous 1,800 sq. ft. offered. To summarize, we believe that what is currently being offered exceeds the intent of the existing garage orientation condition, maintains an extremely high level of assurances for the city and the residences of Country Lakes, is easier to implement and track while providing flexibility for the builders and future home buyers. If you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, e: offi Ol .2 0)- ~ ~ ~ ~ ~ ~ ~ .. .. .<:: '" ~~ z z z z z z '" Ol Z :J U (.?;: u:::~ 0 e: 1Q.2 ~ ~ <( <( ~ ~ <( ~ Ol- a." 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'. ~ ", "\ -.i,\. ~llJO~\ I ~ "' 800'1 \ . . ~", . ilt II \ \ tl : II \\ . ,I. . .,., : It I" h . 11 -I, :: I' J l' , f J I , H , I , f ,. . ; I, ~ I' 1" = 10':!: Attachment 4 Examples of architectural control columns All photographs taken at Country Lakes subdivision in Denton, TX Attachment 4 Examples of "Carriage Style" Garage Doors All photographs taken on December 29,2005 at Fountain Lake subdivision in Euless, TX 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C()ndenseIt un . Page like this would be a way to clean it up at its inception. And then at some point by some miracle the Attorney era! comes back with the decision that indicates ne visiting their own home is. indeed a touris then uld be able to include it then at that poi MS. KRISTOFERSON: so are you su then that w annex the residential? MS. EASLEY: I don't think wean. RAN: why can't e? MS. BMS : Because' s the Commissioners Cotut the district, not us. on't accept that as a friendly amendment for a ber of reasons. One, I don't think technically we c do it this point just severing it off outside of wh the Commis . ners Cotut has established as a undary. But als ecause I don't think e City of Denton is an of the State Texas. The Attorney of Texas s the.one charged with. the authori define the slative intent that exists behind it. I don bel' e that the 99 homes will be included. I thi will come back and say they're not. That's his ca .[ It's not our call. That's n'ot our job. And if that CDD will not function without that 99 homes included in it, then it's probably best that it be put to rest as a COD. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 10 11 12 your acceptance Jt. 13 MA R BROCK: can we do on the 14 recording? yother discussion? All in 15 motion ade by Mr. Burroughs and second Mr . Young 16 plea raise your right hand. All opposea? So ill yote 17 -2. 18 (DURRANCE AND COCHRAN VOTED IN OPPOSITI 19 MR. COCHRAN: Be sure and spell those names 20 IIigfit. I 21 MAYOR BROCK: Next on our Agenda .. we will 22 be skipping Item No.3 because that was the alternative 23 that we had in case we re:jected the agreement that we just 24 approved. So we will move onto Agenda Item No.4.: which 25 -r ~ 22 23 24 25 CITY COUNCIL MEETING SEPTEMBER .12,2000 Page 55 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is to consider adoption of an ordinance providing for.a detailed plan. MS. B1!ASLEY: I think we need to wait until that group moves out and the next group moves in. MAYOR BROCK: Agenda Item No.4, consider adoption of an ordinance providing for a detailed plan for a Planned Development,. PJ)')74, zoning district. This is a 378.1 acre property generally located south of Johnson Lane between John Payne Road and Fort Worth Drive. A single-family subdivision with open spaces is proposed. The Planning and Zoning Commission recommends approval by a vote of 4-1 and this is Zoning Case Z-99-1 00, Country Lakes North. MR. REICHHART: Thank you, Mayor, Council members. r .believe this item was continued from your last meeting in order to give the school district, Argyle School District and the developer time to work out some issues related to the school sites associated with the concept plan. I believe that was the only items of contention. MS. KRJSTOFERSON: No, no. Well, at this moment in time. MR. REICHHART: In your backup, the staff had recOImnended that Note 22 be amended but, just as of thi.s evening, you've been handed out a page with four. Page additions on it, if you will, that have been proposed by the developer and accepted by the Argyle School District. And they're both members representing the developer and the school district here to address these issues. But what we are proposing now is that Note No. 24 be deleted and then that these additional conditions be added to the detailed plan. And the developer has agreed to that and the school district has also agreed to these conditions. With that, I could answer any questions. MS. KRISTOFERSON: Mr. Murphy asked that _ question last week, were there any additional questions, and we digressed and got distracted with the school issue and, indeed, one of the questions I had wanted to ask is this isa detailed plan approval and we had absolutely not one specific detail of what the homes themselves would look like because they were based on the concept plan. So you've provided us and all of us with the concept plan, delineations of what the homes look like, and I have some additional things I'm concerned about on that. One, we found that on the elevations, you have suggested on other developments, and it's a good suggestion, that the elevations be varied so that they are not similar, no two can be alike, no three can be alike, and that, indeed, they're varied. I believe I've seen you make very six so that the elevations are different. Can Page 53 - Page 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . Condenselt .... Page 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 w~ not see those? 1 MR. REICHHART: we have don~ that in the 2 past that no two similar elevations be side by side. 3 MS. KRISTOFERSON: And so these must vary 4 every six so that w~'re assured that there's going to be 5 som~ variation in the house plans here. 6 We've seen no specifics on fencing. I 7 assume there's going to be fences in tIlls area and I think 8 we've worked very hard to not see wood fences everywhere 9 we go. And I apologize if the detail is on that. I saw 10 no detailing to that case. As far as the masonry, I see 11 80 percent, so that's good. 12 The other issue I had a question on was the 13 limits of clearing and grading. I know we've now found 14 that if we are not specific in those limits of clearing 15 and grading that they may have an intention of leaving all 16 trees, that they look clear cut and graded to me as an 17 observer, this is beautiful land. And I think it would be 18 nice that we impose limits of clearing and grading 19 specific to whatever is not in the footprint of these 20 homes. And especially when I saw that GIS picture where 21 those trees are, I know they're trying to preserve them 22 but we should do additional. 23 MR. REICHHART: The majority of the trees 24 are in Argyle and along the floodplains which is being 25 Page 58 left as op~n space. And th~ grading, the detailed grading 1 that is needed to determine whilt trees will be able to be 2 retained because of road elevations and setting finish 3 floor elevations and utilities won't be done until the 4 final platting stage. 5 MS. KRISTOFERSON: well, the topography on 6 that lake made it appear that there's significant 7 topography issues. And just the limits of clearing and 8 grading, you've said it yourself, our landscape ordinance 9 does nothing to preserve trees. It would be nice if we 10 could try and do that. 11 I've also drew some other -- in fact, just 12 today, we're having some difficulties in our easements. 13 You know, there's an easement and we're trying to get 14 everything in these easements to serve everybody and it's 15 kind of working out that not everybody is cooperating with 16 the City of Denton to make sure that it's the most 17 sufficient way to fill an easement. So we're winding up 18 trenching trees we don't have to trench. Any of you that 19 have driven Crawford have seen that's a beautiful stand of 20 trees along there, so I'd like us to condition that the 21 City of Denton must work with the developer on these 22 easements to make sure that they are filled sufficiently 23 rather than everybody just going in and piecemeal putting 24 their stuff. 25 CITY COUNCIL MEETING SEPTEMBER 12,2000 Page 59 MR. REICHHART: If I can address that one. The trouble is when you're working with the telephone companies, electric companies, if it's not Denton Electric and different telephone companies, if they don't cooperate at the pre-construction meeting -- we do have a pre-construction meeting where we include all th~ utilities. But if they don't decid~ to follow a common trenching along the streets, I mean, there is little, if anything, that w~ can do to prevent that. MS. KRISTOFERSON: I think one of the things we'v~ been remiss in, as a City, is we have, perhaps, not dedicated enough effort to try to make sure that all the parties come together as many times as they need it. And I'm just saying, Larry, we're learning the hard way in some other areas that it could be done better. And this is one where it probably, it's big enough that we should be able to make that happen. MR. RElCHHART: The trouble we have is that when We invite the other utilities to come to the pre-construction meeting, they don't show up. Do we stop construction. until they do show up and then they have the hammer -- MS. KRISTOFERSON: The developer does have a lot of latitude to make a lot of those things happen in a timely fashion. Page 60 MR. REICHHART: Not as much as you would like to think. MS. KRISTOFERSON: okay. You're putting roadblocks in my way. MR. REICHHART: No. I'd love to be able to do that and have everybody agree to a common utility for telephone, electric, and cable TV because that's very common to do that. And when we can, they do work that out. But I'm saying there are conditions that don't allow that to happen. And by putting a condition on the zoning that neither the City nor the developer has any control over is very difficult for us to enforce. MR. PROUTY: I think another thing that we're looking at is similar to what we did with the electric franchise that now is under dispute. We enacted a right-of-way ordinance for electric that covered all of those matters. And one of the things that happened in the last Legislative Session is, under House Bill 1777, telecommunication companies can elect to go under that bill and can elect to cancel the franchise. And what a lot of cities are doing is they're enacting telephone, cable TV right-of-way ordinances to cover those considerations and other considerations. And what I think we need to do to address that overall problem is to work with the planning staff Page 57 - Page 60 ~ Page 61 Page 63 1 and bring to you, at some time in the future, an ordinance 1 MR. REICHHART: certainly. The items set 2 to cover the other utility franchisees on that issue and a 2 forth below are conditioned upon the Argyle Independent 3 number of other issues so we have better control of our 3 School District dedicating an approximate 0.38 acre site 4 right-of-way. 4 along the eastern boundary of the IS-acre school site I 5 MS. KRISTOFERSON: This makes a difference 5 descdbed in paragraph 3 below to the City of Denton as I 6 visually and, I mean, we're trying to build a beautiful 6 part of Phase I final plat for Country Lakes North. 7 development and if you see some of the others that have 7 Number one, if the Argyle Independent 8 not gone that way, you'll see why we're suggesting it. 8 School District or its successors has not acquired the " And then the last is the garage 9 school site, Lot 1, Block 00, within two years after the ./ 10 orientations. Why you have flush to recess, I think, 10 date the school district received written notice from the 11 obviously, we've made every effort to make sure that as II owner of the school site that 600 building permits have 12 few garages are facing the front as possible and I don't 12 been issued within the Country Lakes development, 13 notice a statistic in here as far as a percentage of what 13 including those portions of the development within the 14 will be flush, what will be recessed, and what can be 14 City of Denton and the City of Argyle, the school site may 15 possibly side-swing where we don't have to see them at 15 be developed in compliance with the approved zoning for 16 all. 16 the property. This provision should substitute Note 24 on 17 So especially the fencing, the elevation 17 page 2 of the detailed plan. 18 variation, and the garage orientations, the limits of 18 The City of Denton shall use its best 10 clearing and grading. 19 efforts to notify the Argyle Independent School District '" 20 MR. REICHHART: Those details that you were 20 or its successors by and through its superintendent of any 21 looking at came directly from the concept plan. 21 proposed change, amendment, modification, revision, or 22 MS. KRISTOFERSON: correct, but we didn't 22 abandonment of any portion of this detailed plan. 23 have them prior to tonight on request. 23 The Phase I final plat for Country Lake 24 MS. BEASLEY: There is a Note 19, screening 24 North within the City of Denton shall include, one, the 25 walls will be constructed within the landscaping easement 25 IS-acre school site, Lot 49, Block B, in the Country Lakes Page 62 Page ;_..... I along John Payne Road, but that1s just along John Payne 1 West preliminary plat; two, a I aD-foot dght-of-way !---- 2 Road. 2 through and across Lot 41 and across part of Lot 40 within 3 MS. KRISTOFERSON: But what are they 3 the eastern boundary of the 100-foot dght-of-way being 4 comprised of? Is it masonry? -4 the common boundary of Lots 41 and 42 of Block B of the 5 MS. BEASLEY: It says walls will be in 5 same preliminary plat; and, three, all public streets, 6 conformance with the current City of Denton landscape 6 water and waste water servicing the IS-acre school site. 7 ordinance requirements and will be included on landscape 7 Number four, no more than 20 single-family 8 plans. So maybe they're green walls. I don't know. 8 residential. dwelling building permits shall be issued 9 You'll have to ask the developer that. 9 unless and until all public streets, storm dtainage, water 10 MS. KRISTOFERSON: And that's one of the 10 and waste water included within the Phase I final plat for 11 things I'd like to get specified. 11 Country Lakes North are completed and accepted by the City 12 MR. REICHHART: We can specify that. 12 of Denton. 13 MS. KRISTOFERSON: whether they could be, 13 The one other note that we're going -- 14 you know, masonry pillars with wrought iron. I think 14 we're going to revise a note. that's on the detailed plan 15 everybody is tired of seeing wood fences. 15 that the 10-acre school site, the five-acre open 16 MS. BEASLEY: well, we don't have a public 16 . spaooschool site to the north of that, and then the 17 hearing or anything on this, right? 17 pdvate amenity center, prior to any development, those 18 MAYOR BROCK: well, this is an item for 18 three sites have to come back in for a detailed plan. 19 individual consideration so we can have someone to speak 19 There is a note that says that on the detailed plan. Both 20 to the Council. 20 the developer and the Argyle School District just wants it 21 MR. PROU1Y: The only thing that I would 21 tweaked a little bit and we've agreed to do that. The 22 suggest, Mayor, is that before Council takes its vote, 22 developer has agreed to just change that a little bit. 23 just for the record, that although it is relatively long, 23 MS. BEASLEY: Tell me that again, that 24 that you probably need to read these new conditions to be 24 before they come, those two open -- 25 added to the detailed plan into the record. 25 MR. REICHHART: Those three sites, the CondenseIt 1M CITY COUNCIL MEETING SEPTEMBER 12,2000 Page 61 - Page 64 Page 65 Page 67 1 school site, the park site associated with that, and the 1 says, in parenthesis, not a part of this detailed plan. 2 amenity center all need detailed plans prior to any 2 And the new language would say that no portion of these 3 development. 3 sites shall be developed until a detailed plan is approved 4 MS. BEASLEY: Prior to any housing -- 4 for these sites, not development on the entire detailed 5 MR. REICHHART: Any development. S plan. 6 MS. BEASLEY: All right. 6 MAYOR BROCK: would someone from the school 7 MAYOR BROCK: They all need detailed plans? 7 district like to come and discuss this first issue of 8 MR. REICHHART: correct. 8 acquiring school sites? Sir, would you give us your name 9 MS. KRISTOFERSON: My question on No. I is 9 and address. IO when is the fair market value determined for the property? IO MR. HARRIS: sure. My name is Jim Harris. 11 Is it at the time of their 600 building permits? Is it 11 I'm an attorney with the law fum of Thompson and Knight 12 now? Is it -- I think that's a matter of clarification. 12 in Dallas. I'm here tonight on behalf of the Argyle 13 What has been decided? I mean, if the district is in a 13 Independent School District. Our understanding, and you 14 position to make an offer and purchase it now, can the 14 may want to get confumation from the developer about 15 fair market value not be established now? I'd like to 15 this, is that the intention of the first condition was 16 have a date certain on here. 16 that we could buy at any time we want. It's just there 17 MR. SNYDER: I think that the intent of 17 has to be - that we're looking for an end date and the 18 this provision was just to give a time certain. 18 end date is tWo years after we receive written notice that 19 MS. KRISTOFERSON: There isn't a time 19 600 building permits have been issued. 20 certain. 20 So the period is from now until two years 21 MR. SNYDER: Well, there is. It gives a 21 after we receive that notice. At any time within that 22 time limit when they have to -- the school district has to 22 period, we could seek to acquire that particular site. I 23 exercise its option to acquire the property. 23 believe the developer shares that view. You may want to 24 MS. KRISTOFERSON: But what if they want to 24 seek confumation from him on that. i 25 acqUire it now? 25 MR. COCHRAN: The kicking point is notice Page 66 Page 68 1 !'1R. SNYDER: They can. 1 not the completion of the sites; is that right? 2 MS. KRISTOFERSON: It doesn't say that. 2 MR. HARRIS: That's correct. In other 3 MR. SNYDER: It just says that -- it says 3 words, if they fail to notify us for two years, then we 4 that they have two years after the 600 building permits 4 get that time plus the two years from when we receive the 5 are issued, to get notified of that, in which to exercise 5 notice. Any other questions? 6 their option. That's all this is intended to do. It's so 6 MAYOR BROCK: Are there any other questions 7 they can then -- the representative of the school district 7 for Mr. Harris? You had a question for someone else? 8 can get up here and address this themselves but this is 8 MR. BURROUGHS: I would like the developer 9 what they agreed to. 9 to state their understanding. 10 MS. KRISTOFERSON: okay. If they've agreed 10 MR MURPHY: GOod evening. Frank Murphy, 11 to it, that's fine. But if they want to buy it now, 11 600 North Pearl, Dallas, Texas. Basically, again, I 12 there's nothing here that says they can buy it now. 12 restate my own words, the contemplated fair market value. 13 MR. HILL: well, it says within. That 13 Fair market value will be a separate agreement between us 14 means from here until that period of time. 14 and the Independent School District not involving the 15 MR. SNYDER: Yeah, from here until that 15 City. The City is not a party to establish market value 16 time. In other words, they could do it tomorrow if they 16 on property that does not affect the City itself. This is 17 wanted to. 17 an independent agreement between us and the school '., MR. BURROUGHS: That's a agreement between 18 district, not the City. 18 19 them. 19 We do have an agreement in place with the 20 MS. KRISTOFERSON: well, I would like to 20 school district in principle which will be proceeded to be 21 hear from the opposition. 21 papered and agreed to that will provide for a fair market 22 MR. SNYDER: And may I address that one 22 value and the right of the school district to exercise 23 last point that Mr. Reichhart made about the notation on 23 that as set forth in here. But the actual establishment 24 the site -- on the detailed plan. I think what the intent 24 of the fair market value is not an issue with the City. 25 is is that the note would replace the current note that ,25 It cannot intercede between private negotiations to try to CondenseItun CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 65 - Page 68 CondenseleM Page 69 Appreciate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 force the establishinent of fair market value. your time. MR. PROUTY: well, let me ask you a question and I probably need to ask the same thing of the school district. You've heard this. You've seen this. And I assume you've worked this out. It's been read into the record. Are you in agreement with these additional changes to the detailed plan? MR. MURPHY: Yes, sir. We worked those in conjunction with the school district and Council earlier this evening. MR. PROUTY: And someone from the school district, are you also in agreement with this? MR. HARRIS: Yes, sir. We have reviewed this and the language that's presented to you has been agreed by both sides. MAYOR BROCK: Thank you. Are there any other questions or discussions by Council? Or is there a motion? CITY COUNCIL MEETING SEPTEMBER 12,2000 MR. YOUNG: I'd like to make a motion for approval as submitted with the changes. MAYOR BROCK: To Z-99-l OO? MR. YOUNG: Yes, ma'am. MAYOR BROCK: Is there a second? going to die for a lack of a second? Is this 1 2 3 4 5 6 7 Page 70 MS. KRISTOFERSON: uh-hul}. Well, none of 1 these were addressed and they're fairly significant. I 2 mean, we're talking 1,300 homes. They could all basically 3 look alike. I think it's a fair statement to make them -- 4 to ask them to perform to the level that we've asked 5 others to perform which is to differentiate their plans, 6 elevation variations of every six. I think we've seen 7 that a couple of times. The garage orientation, we're 8 looking for 50 percent. In some areas, I don't think we 9 can probably achieve that with the size lots that we're' 10 looking here, but I would let someone submit that. And 11 the fencing, I think that is what makes a subdivision 12 stand out, because if it's all wood and it's falling down 13 after two years, that's not what we want to see. I think 14 those that have been successful have had stone pilasters 15 with wrought iron, at least, the stone pilasters and some 16 variation. 17 MS. BEASLEY: well, why don't you make a 18 motion? 19 MS. KRISTOFERSON: well, no. I don't want 20 to make a motion to ~pprove this. I will vote for it if 21 there is this in it. A variation of every six, fencing 22 with stone pilasters and wrought iron, and garage 23 ?rientations of no less than 33 percent "flush, 33 percent 24 recessed, and 33 percent side-swing. Well, you have the 25 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 71 garages here to -- must be flush or recessed from the front facade so the 33 percent flush, 33 percent recessed, and 33 percent side-swing, which are definitely attainable on the larger lots. The fencing to be stone pilasters [ with wrought iron and the elevation variations of ever;: six within the subdivision. \ MR. BURROUGHS: would fencing be defined as fencing that faces public rights-of-way? MS. KRISTOFERSON: public rights.of-way. And I think -- MR. BURROUGHS: Roadways? MS. KRISTOFERSON: Yes, there's a major roadway here. MR. REICHHART: John Payne. MS. KRISTOFERSON: John Payne. . MR. DURRANCE: Can we describe those as columns? MS. KRISTOFERSON: columns, sorry. MR. BURROUGHS: I would make that motion with these things. MR. REICHHART: The developer has some information that he could bring a light on some of these issues, if that would help you. MR. BURROUGHS: Right. And it's for discussion purposes. Page MS. KRISTOFERSON: And I'll second. MR. MURPHY: First off on the fencing -- well, let me before I get into that, we've been before Council three times now, been in front of staff considerably. We've asked every time to tell us, specifically last week, please tell us if there are. any additional items bit are an issue before this board, before Council, other than the school district. There's not a response at all last week. Prior to that, 45 days ago, we asked the same thing. You raised the connectivity to the east and west. We've complied with that. Prior to that, we complied with everything staff brought forth. We're before you again having gone out and worked with the school district to provide exactly what you asked us and the only thing you asked us last week. We find ourself again in front of you with proposed changes to the detailed plan that we have not heard or seen or been addressed before this very moment. In fact, some of what we are hearing tonight we believe to be a modification to the PD ordinance that you previously negotiated and approved with our predecessors, Huffines. MR. BURROUGHS: such as? MR: MURPHY: such as the garages, the limitations of the 33 percent requirement. Was that not a negotiated item specifically with the Huffines in the Page 69 - Page 72 . CondenseIt u-. Pa~73 P~e75 zoning case and the lawsuit, the annexation process? We 1 be made part of the motion to approve the detailed plan. 2 have confmnation from you on staff it was. 2 We have architect restrictions. If it would appease the 3 MS. KRISTOFERSON: well, and I didn't 3 Council tonight, we'll make those architect restrictions 4 change the words flush to recess. 4 about the elevations part of the detailed plan tonight. 5 MR. MURPHY: But you're making a 5 Again, I'll restate that. If you care to, our 6 requirement that 33 percent of the lots be of each of 6 restrictions provide for no repeat elevations on the same 7 those types of requirements. 7 street within 200 lineal feet of the nearest lot line of a 8 MS. K:RISTOFERSON: It's a condition to be 8 lot, of a house on the nearest 200 lineal feet. 9 done rather than an intent -- and, Mr. Murphy, since I 9 MR. COCHRAN: so your objections are just 10 made the suggestions, in fairness, you asked it last week 10 philosophical to the point rather than practical? 11 and then we spent a significant amount of time on the 11 MR. MURPHY: To the elevations, r do object 12 school issue and we didn't return to this. But it's been 12 those -- to the requirement that we bave one-third on the 13 of concern both times that we've seen no specifics on how 13 specific types of garages placed on every lot. r do 14 the homes within your subdivision will look, and it is 14 object to that very strongly. 15 absolutely part of the detailed plan for that to be 15 As far as the fencing goes, again, we've 16 provided and it's been a consistent, consistent provision 16 been apprised just effective tonight that we are to 17 of Council throughout. 17 provide a fence elevation for the detailed plan. We were 18 MR. MURPHY: IS that contained within the 18 not aware of that until just tonight. The elevation we 19 PD requirement that we provide elevation restrictions for 19 provide for, we'll be doing something other than wood 20 these? 20 along Jobn Payne Road. We'll be happy to put that as part 21 MS. KRISTOFERSON: Absolutely. 21 of the detailed plan tonight. The exact deSign, we don't 22 MR. MURPHY: staff? 22 know yet. At a minimum, we'll be doing iron !encing with 23 MS. KRISTOFERSON: In a detailed plan, -23 stone columns. But to provide for it to be adjacent to . 24 you're exempt from interim ordinances. Absolutely. 24 every public right-of-way, no. Because they're basically 25 MR. REICHHART: The elevations are not, per 25 -- every bouse, every side of a house that abuts a public 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 74 se, a requin:ment of a detailed plan but the ordinance -- I the strict -- an elevation is not a requirement in our 2 ordinance fora detailed plan. But there is a condition, 3 if you will, that would allow to ask for architectural 4 elevations as part of a detailed plan, being above and 5 beyond, you know, a unique design is a reason to approve a 6 detailed plan and to be able to look at that unique design 7 is applicable. 8 MS. KRISTOFERSON: Then maybe I've 9 misstated this. My only thing is the plans that you plan 10 to use, Mr. Murphy, is to say that you don't use House A 11 next to or across from House A so that it looks like House 12 A times three. It's to say that you're going to at least 13 have four or five home variations and r would hope that 14 your subdivision bas planned that. 15 MR. MURPHY: we have deed restrictions that 16 we file of record, major CCR restrictions that, in fact, 17 govern those items. Our standards that we utilize in our 18 CCR's is that no repeat elevation may be without - be 19 allowed within 200 lineal feet of the nearest lot line 20 with an existing home on the same street. 21 MS. KRISTOFERSON: you've deed restricted 22 it more stringently than we've requested it. 23 MR. MURPHY: But what I'm objecting to is 24 the fact that these items are being brought before us to 25 CITY COUNCIL MEETING SEPTEMBER 12, 2000 Page 76 street is going to have something other than wood. You don't have that standard in any development. No city that I'm aware of in the metroplex has that standard. But any fence that faces or abuts John Payne Road, we're happy to do that. MS. KRISTOFERSON: And that was the main street r was concerned with. MR. MURPHY: Again, you're echoing standards that we already have. MS. KRISTOFERSON: Then you're to be commended.because those are not standards that we have seen in our community thus far. MR. MURPHY: I understand. MS. KRISTOFERSON: So it should not be a problem for it to be conditioned so that we can be assured that that will take place. MR. MURPHY: Again, I'll be happy to go on record with the detailed plan tonight to provide for no wood fences to be on property abutting the John Payne Road. And at a minimum, we'll provide stone columns with iron fencing in lieu of wood. But, again, the garages are an issue with us. Previously, the discussion came up with regards to easements, specifically what we call dry utilities; i.e., telephone, electric, cable, franchise Page 73 - Page 76 CondenseIt 1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 77 folks both now and future coming into the development. We 1 have absolutely no control over what they do. As long as 2 there's a public right-of-way, the:Y have absolute 3 authority to go into public right-of-way. We can't 4 control timing. We can't control where they're going to 5 go. We can't force them to come to meetings, as your 6 staff has stated. It's beyond our control. They're a 7 public entity which we have no leverage for. 8 As far as trees; we have previously 9 provided in the concept plan approved as part of the 10 zoning a major lake system. That lake and any trees 11 within that area will be cleared. We'll have to put that 12 lake in as part of the clamor to remove the property 13 portions of it from the floodplain on the school district 14 for effect. Those lakes have to go in. So any trees 15 within that quadrant where those lakes are going to go 16 have to be removed. We work to save trees. We know the 17 effect of trees on home values. But there are instances 18 that we have to remove trees. We'll do the best that we 19 can to save the trees. There are very few on this 20 northern property but we'll work to save them. 21 Again, fencing, we're fine with the 22 requirement for a minimum iron fence with stone columns on 23. John Payne. Elevations, no repeat elevation within 200 24 lineal feet of the nearest lot line on the same street. 25 Page 78 . ::-. But, again, we object strongly to the g\lrage elevations. 2 MR. BURROUGHS: I'd like to amend my motion 3 to encompass those two items in replacement of the three. 4 I have a question. S MS. BEASLEY: Yeah, I have a question for 6 them, too. 7 MR. BURROUGHS: About the garages, do you 8 have any perimeters relative -- you've heard the concern. 9 It's just the repeat, repeat, repeat, the same. Is there 10 anything that you can provide that would not be harmful to 11 your approach, yet encompass the concern? 12 MR. MURPHY: we have alternate designs for 13 garages that we select with the various builders to put 14 into development. What we'll select for this development, 1 S we do not know just yet. For example, what we do in some 16 developments and, again, it's subject to change, any 17 garage door that faces the street must be single-car 18 garage doors separated by masonry columns. So we break 19 that up. In lieu of th~t, sometimes we'll do swings. 20 Sometimes we do J's. Sometimes we do reverse swings. 21 You move the garage to the middle of the house and you 22 come in from the back side and have your garage on the 23 other side. Sometimes we'll have recessed garages like 24 you provided for in here. Our expectation and intention 25 is the same thing. We don't like in your face garage II / ~~ CITY COUNCIL MEETING SEPTEMBER 12,2000 Page 79 IIrI doors facing the street anymore than you do. ~ MS. KRISTOFERSON: so you shouldn't mind a condition so that we can achieve that? MR. MURPHY: well, at the detailed plan we I do, unfortunately, because we have not gone through tlj process to select the builders and who will be going inl and work out the architectural designs with them. So, basically, this would tie our hands very strongly with the builders that we'd be bringing into the development. MS. KRISTOFERSON: Mr. MUrphy, I see it in every other city. I'm sorry, your argun1ent does not have merit. If you can go to every other city and see it in every other town, you may just have to diversify your builders a little bit. But it can be.done. And for the longevity of it, I don't think it's an unreasonable request. MR. MURPHY: Again, we're not prepared to agree to one-third of garages as you stated, one~third of each type of product. That's a severe limitation on development. MR. BURROUGHS: I'm sorry, Roni. MS. BEASLEY; That's basically my question so that I s fine. MR. BURROUGHS: Would it be possible to put limitations that's more general, meaning something along 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I Page; this line that no more than 50 percent of the garages l-~- shall be of the same orientation? MR. MURPHY: Again, our understanding was that this was a negotiated item with our predecessors as part of the zoning process. We relied upon that zoning and we, again, request that it be -- the zoning negotiation that occurred be honored at this time. MR. YOUNG: Yes, I just want to second Mark's motion. MAYOR BROCK: It's been seconded. MR:YOUNG: oh, it's been seconded. Okay. MR. DURRANCE: Do we need to, considering our lack of materials which were received, go into Executive Session? MR. COCHRAN: Let me just ask you a question, if I can, and that is ~- MAYOR BROCK: NO, let's get an answer to Neil's question. MR. DURRANCE: Yeah. First and foremost, let's take one thing at a time. MR.PROU1Y: This is -- you know, if you want to talk about the legal effects of this with your attorney, if you require this condition, and if you turn it down I think that you probably should. . But that's YOUl" decision to make. If the majority of you wants to go into 1# Page 77 - Page 80 I' I I I CondenseIt UVL Page 81 1 2 3 4. 5 . Executive Session, we can. MAYOR BROCK: DO you want to make a motion that we go into Executive Session, Neil? MR. DURRANCE: Not at this time. MAYOR BROCK: okay. MR. COCHRAN: Ijust wanted to ask you a question hen;. And you can see our reluctance to be comfortable with this with there being some areas in which we're not -- we can't really see exactly what you have in mind. Now, you've deinonstrated and represented that you're going to build a quality subdivision which all of these answers are going to be taken care of. You've answered very well the question of the fencing and of the other one, whatever it was. MR. MURPHY: The elevations. MR. COCHRAN: Thank you very much. The question is is that is there some point as far as the garage orientation goes that you are willing to committo because you've already verbally said that you're planning to do that. So I understand you don't want to maybe pin - put yourself in a corner, but what I think would be -- move us forward here is if there's some point between the numbers that we've been talking about here and nothing that you would be willing to accept just as a way of moving us forward here a little bit. Page 83 1 the front building line facing the street sball be of 2 double-car garage doors, or maybe something other than 3 architectutecontrol garage; i.e., masonry columns, 4 separating garage doors, staggered shadow box effect, 5 MS. BEASLEY: we need our attorney to help 6 I us with the language. 7 MR. DURRANCE: It sounds like we're not 8 ready at all to take a vote on this. We'll still in 9 negotiations. Let me propose a couple of things. I don't 10 like open negotiations like this. I think it makes us all 11 look bad and I don't think it looks like we're prepared in 12 any way, shape, or form. And I don't like doing things 13 rushed at the last minute, you know, scribbling down 14 thi~gs on a piece of paper and say run a line here and 15 there just probably isn't going to get it. It's probably 16 not going to let us all feel' comfortable we're doing the 17 right thing. And I don't know if that means we're not 18 ready to go forward with this thing or not but I really 19 think we've got some questions here. We've got some 20 additional conditions. And, frankly, I'd like to look at 21 them. I don't like making snap judgments based on, you 22 know, renditions of what we think mayor may not work. 23 And I think he's raised some good points about, you know, 24 do we talk about percentages or do we talk about design or 25 what are we talking about here. 7 8 9 10 11 12 13 14 15 16 17 ]8 ]9 20 2] 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 ]4 15 16 17 18 19 20 21 22 23 24 25 Page 82 ~R. MURPHY: I understand the question. 1 Let me give you a little bit more background. I was kind 2 of short earlier. I apologize for that. When you get 3 into the statement, no more than "X" percentage of garage 4 doors may face the street, well, what if it's recessed at 5 the very back of the lot? A detached garage in the very 6 back of the lot is still going to face the front. To get 7 a porte cache, is the second garage door in.the back, a 8 very attractive feature, facing the front of the street? 9 Yes, it is. . If you recess it and stagger it with 10 architectural controls, is it still facing the street? 11 Yes, it is. 12 MR. COCHRAN: All good points. 13 MR. MU~HY: So when you get into the 14 definition of what is a garage door facing the street, the 15 limitation of that, you really start narrowing the scope 16 of what the architectural features a builder can bring 17 into the development. And that's what I'm objecting to. 18 MR. COCHRAN: well, it looks to me that we 19 could draft some language that would meet both of our 20 interests. 21 MR. MURPHY: As a possible solution, let me 22 put forth, any garage at the front of a house that faces 23 the street, no more than 33 percerit of those may -- no 24 more than 33 percent of the homes with garages located at 25 Page 84 MS. BEASLEY: well, I disagree because I think we've held this detailed plan now for over a month, for good reason, and I was very supportive of doing that. We're not going to meet next week. Our next meeting will be the end of September. And I don't think that these are -- these are issues that we've hammered out with hundreds of developments in a short period of time. And that's why we're maybe so tough on youbeeause we've done this a lot lately. MS. KRISTOFERSON: And we've been betrayed. more than one time. MS. BEASLEY: Yeah. We've been betrayed a lot lately, too. MR. COCHRAN: That's the issue right there. MS. BEASLEY: So I'm not for postponing this. I think we can -- this last condition on theŠgarages, we can work something out. MS. KRISTOFERSON: DO you have some language you'd recommend? MR. COCHRAN: They weren't listening. Would you restate it so that our attorney could hear it? MR. MURPHY: Again, I'll be very brief and reiterate them. But the thought was is the restriction on the number of garage doors.facing the street. If they're recessed in the back of the lot or they're recessed from Page 81 - Page 84 CITY COUNCIL MEETING SEPTEMBER 12, 2000 " 6 7 8 9 10 II 12 13 14 15 lo6 17 18 19 20 21 22 23 24 25 IT 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Condenselt1M Page 85 the house building line, then you've effective shadowed I them, per se. So the thought was no more than 33 percent 2 of the lots may have garage doors on the building line 3 facing the street that do not -- that are not separated by 4 masonry columns. 5 MS. KRISTOFERSON: No, that's not reaching 6 the intent that I'm looking for. And I don't know what 7 that -- you know, when you drive in and it's -- no, it's 8 side-swing, it's J. Those are the tenns we've used. It's 9 to extend the visual elevation and not have garage doors 10 sitting there. 11 . MR. MURPHY: we have an awful lot of homes 12 13 14 15 16 17 18 19 20 21 22 23 24 25 also -- MR. DURRANCE: I'd like to make a motion to go into meet in Executive Session at this time. MR. PROUTY: I think you should because I think there's some things we need to talk to you about. MAYOR BROCK: IS there a second? MS. BEASLEY: second. MAYOR BROCK: All in favor of going into Executive Session at this time, please raise your hand. We will convene to Executive Session at 10:18 p.m. (CONVENED IN EXECUTIVE SESSION) MAYOR BROCK: And the Denton City Council is now going back into regular open session and we are Page 86 I 2 3 4 MS. BEASLEY: Actually,that it not be too consistent. We want some variety. MR. BURROUGHS: Right. Consistent with the vision. Inconsistent-- MR. MURPHY: I understand the concern of the question. In relooking at the memorandum handed out by staff, please note the asterisk, garages, attached or detached. The next statement is key, cannot extend in front of a house. Basically, that provision has eliminated our usage of a garage feature we like which is swing garages. You completed eliminated our usage of a CITY COUNCIL MEETING SEPTEMBER 12,2000 Page 87 key feature to avoid having garage doors face the street. You've eliminated ittbrough the zoning process. By doing this, you're going to force them to be flush with the house or they're going to be recessed. If you're going to i' make them flush with the house, what do I have, what I options do I have? You've cut my options so far down, I'm going to be forced to have everything standard which is exactly what you're trying to avoid having. You've cut my options down significantly by eliminating swing garages. So I'm hamstrung already starting out. MS. BEASLEY: can we at this point change that feature? MR. COCHRAN: I think you'd like us to. MR. MURPHY: It's part of the zoning process. We are not in favor of continuing this process to allow the PO to be reopened and will not consent to reopening the PO for a change of zoning. MS. KRISTOFERSON: It's a detailed plan. It changes neither the building -- what are those terms? It doesn't change the density. It doesn't change the percentages of the -- MR. MURPHY: I'm saying that the question that we have is it legally possible to change this requirement which was written into the zoning ordinance without reopening the zoning ordinance again? Can you pageJ......--.. change a detailed plan? We don't know. That's a leg ,_;H interpretation. MR. BURROUGHS: And we make it less restrictive. MR. BURROUGHS:. Yeah, isn't that true that we can make it less restrictive? MS. BEASLEY: And that's less restrictive. MAYOR BROCK: without publishing for a public hearing? MR. BURROUGHS: At the detailed plan level? MR. PROUTY: usually, you can make it -. I don't know that you can make it less restrictive. I think usually what we rule is you can make it more restrictive without going back through the notice procedure, because then you'd have to renotify all the other property owners. MR. MURPHY: So you can see my dilenuna. MR. HILL: From our standpoint, I guess th~ question and I think it's a legal question, is whether or not changing that condition constitutes a change to the concept plan which really is not being discussed tonight. What we're really looking at is a detailed plan. And anj we --or is there a possibility that what is being brought I to Council's attention in tenus of changing that concept' plan condition would have to be done by amending the , concept plan or if it can be changed in the detailed plan. . Page 85 - Page 88 r !- (;ond~se1t .... Page 89 I don't know the answer but I think that's one of the 1 technical questions. 2 MR. PROUTY: I think your ordinance gives 3 you a lot of leeway with regard to 'conditioning things at 4 the detailed plan stage. I think the real concern I would 5 have if you make it, that particular item, if you make it 6 less restrictive than the original concept plan, then the 7 question is do you need to go back and notify all the 8 property owners within 200 feet. Procedure, I think that 9 the conservative thing to do in that case is we go back to 10 notify the property owners. If you made it a little bit 11 more restrictive and the developer agreed to it, I don't 12 think you'd have to go hack through that process because 13 then you're not negatively impacting people within 200 14 feet. 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BURROUGHS: Then I have a question. Is it more restrictive if we put in the language that you cannot extend from the house -- see, the concern I know that was there when that was putin is that if it's forward-facing and it's not -- MR. COCHRAN: If we just put front-facing garages, attached or detached, cannot extend in front of the house. MR. BURROUGHS: Front-facing garage? Oh, you mean place that language. CITY COUNCIL MEETING SEPTEMBER 12,2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 90 MR. REICHHART: Tbat was the intent. 1 MR. COCHRAN: But if we specify that -- and 2 I don't think that's making it either less restrictive or 3 more restrictive. It's just clarifying it. Front-facing 4 garages, attacbed or detached, cannot extend in front of 5 the bouse. 6 MR. SNYDER: I want to point out two things 7 bere. I know this is subject to the' argument either way. 8 But the way our zoning ordinance is set up, we have a 9 two-step process of the concept plan, whicb is approved by 10 the initial zoning ordinance, and then the detailed plan, 11 which is approved by another zoning ordinance. So our 12 procedure is rather peculiar to what other cities may do. 13 This is not a site plan approval, per se. This is 14 actually an ordinance that's being adopted. We went 15 through the public bearing. We went to P&Z. Notices were 16 given to the adjacent property owners just like any other 17 zoning case so they all had an opportunity to be bere 18 today. and voice any objections to any changes and any 19 conditions that might have been in the original concept 20 plan approval. So there's at least an argument that can 21 be made that because of the way our detailed plan process . 22 is set up, that you could tweak a condition that's -- or 23 revise a condition that was in the original concept plan. 24 I will admit that there's an argument the 25 Page 91 other way, too, but there is an argument that can be made that this is a zoning case. It's just not administerial site plan approval process. It's a zoning case. So I'll refer you to Section 35-155, conditions imposed, and this is in our zoning ordinance and this deals with detailed plan approval. And it does say, the Commission or City Council may impose conditions concerning location, use, arrangement, construction, or development of the district in order to ensure the appropriate use of the district and to protect surrounding properties. We've used this provision before to place other conditions. The difference here is that we had a specific condition in the concept plan that addressed this specific issue and we are modifying it. So I think my point is there is room to argue that this is a zoning case. We've gone to P&z. There's been a public hearing. The adjacent property own~ have been given not!ce. And,.~erefore, in ~s i detmled plan you could revlse a condItion that was m the i concept plan approval. MS. BEASLEY: For every meeting that I've stood by, it is the third part of the zoning process. It's not -- I mean, it is the zoning. MR. BURROUGHS: Then my question would be of the developer. What you're saying is you too thought Page 92 that - as categorical, that it was really !he forward-facing garages that - I mean, from a hamstrung standpoint, we don't want you to be hamstrung. We want the opposite. MR. MURPHY: We believe that swing-entry garages are about a part of our development specifically in developments that do not have alleys. We use them everywhere. We use architectural controls. We use setbacks, non-flush, flush, various things. But in reading the ordinance, it was our understanding that we could not have swings. We would like to have swings but we do not want to be in a position that somebody is going to come back to us down the road and say, you're not in compliance with zoning. You have to rezone your property and open back up to incorporate this. That's our concern. MR. COCHRAN: And that's a fair one and your point is really well taken on that. And I appreciate you bringing it to our attention. And let me just ask a rbetorical question here and you don't have to commit to it or anything but just if we were to add some language to clarify that that would permit the swing-entry garages and specify about the front-facing garages extending out to maybe a percentage of the ones that are fronHacing, 33 percent I think you suggested as a nwnber, would that be something that would be -- that you could live with? Page 89 - Page 92 CondenseIt 1M Page 93 P~e95 MR. MURPHY: The issue that comes to mind 1 playing the devil's advocate because I've got to look at 2 if the provision to allow swing entries is overturned in 2 that position.. What in the event that if that happened, 3 subsequent Councils or subsequent action through citizens, 3 would then the existing homes be deemed to be a 4 would then the limitation about the 33 percent be still in 4 non-conforming use? 5 effect? So would we have further limited ourself even 5 MR.PROU1Y: NO. 6 further by that? . 6 MR. MURPHY: okay. 7 MS. KRISTOFERSON: It's 50 percent in our. 7 MS. BEASLEY: so who's going to challenge 8 pevelopment Code. 8 this anyway? 9 MR. COCHRAN: well,. I would like to make 9 MR. MURPHY: I don't know. I've got to 10 sure that that doesn't happen and surely we can -- because 10 look at that downside though. 11 we're not trying to trick you here or anything like that. 11 MR. PROUTY: I think it would help if we 12 And what we're -- and the reason why we're going to so 12 would put a severability clause in the ordinance to cover 13 much trouble on this is because we're trying to make sure 13 -. that would help cover your concern. 14 that we don't get tricked, too. And that's basically what .14 MR. MURPHY: If I might then move to the 15 this is all about, painful as it may be for all of us. 15 next step, if I could ask the Council, what was your 16 But there are some subdivisions out there that we all 16 discussion or thoughts about the architectural controlled 17 voted for in good conscience .that we're real sorry about 17 separated single-car garage doors separated by masonry 18 at this point because we looked at what actually happened 18 columns that face the street? And, in fact, can we 19 from our good intentions down here and we ended up with 19 further that, we actually stagger one of those car garage 20 something that will, at a certain point in the future, 20 doors at least a minimum of 12 to 18 inches from the other 21 become a blithe on the community. And we just don't want 21 ones to again provide further architectural and shadow box 22 to get stung again is what it boils down to. So that's 22 effect. . 23 why we're going to so much trouble. It may be a miserable 23 MR. COCHRAN: I didn't quite understand 24 experience for you, I'll grant you that, but it's not that 24 what you meant before. Now, you've painted a better 25 much fun for us either.' Let me tell you. 25 picture of it here. So that's the idea? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 94 MR. MURPHY: r understand. ; 1 MR. COCHRAN: BUt I believe we can come to 2 some sort of an agreement here that would give you the 3 ability, the right to have swing-entry garages but would 4 not -- because what we're trying to prevent is a wall of 5 front-entry garages, quite frankly. That's the whole 6 intention and that's what the 30 percent.. 33 percent is 7 what we're trying to avoid so you'll have a mix in there. 8 MAYOR BROCK: I think our attorneys might 9 have some suggestions. 10 MR. PROU1Y: one thing that I would suggest 11 here, I don't see it in the ordinance but I think it may 12 be a slight risk, but it's stilI out there. But if for 13 some reason someone challenged this, provided we can corne 14 up with some language that you agree with, and they were 15 successful on this one particular point, what would help 16 is if we put in a severability clause in this ordinance 17 stating that, you know, if that provision was found 18 invalid or any of these conditions were found invalid, 19 that it would not affect the remainder of the ordinance. 20 That way you would -- you know, the Council needs to know 21 this, too, if it was successfully challenged, then you'd 22 fall back on what was in the original concept plan. 23 MR. MURPHY: r understand. And please take 24 my comments as not being anti- or inflammatory, I'm just 25 CITY COUNCIL MEETING SEPTEMBER 12,2000 Page MR. MURPHY: These are features that we find very common in upper end developments nowadays. We . find them anywhere you have lakes, golf courses, creeks, trees. We have a lot of developments like that. We have places where homeowners in our surveys have indicated they had more desirable usage for the back yards than the front yards. If we put a swing garage on it, which we do, that forces the house, the majority of the time, an additional 20 feet back into the lot. So that removes 20 foot of usable back yard and places hin the front. We do it because we like the architectural effect. But most homeowners would like to have the back yard be the largest portion of their usable lot. So we're -- that's one of the reasons we're not fond of high percentage requirement for swing entries. But, again, the best thing we've corne to in all of our years is a true architecture controlled garage door because we're just like you, we hate the in your face garage doors. You can go look at our developments throughout the State, Houston, here in Dallas, Rockwall, very high architectural standards, Rowlett, Eastern Hills, a 40Q-acre development we're proposing the same fea.ture. MR. COCHRAN: can you explain it a little bit? I think I have an idea of the type of you're talking about. Can you give us some more details? Condenselt .... Page 97 Page 99 MR. MURPHY: If your garage door faces the 1 item. 2 street -- or if! can. recall the specific.1angilage, I 2 MAYOR BROCK: And including the 3 think, if a garage door faces the s1reet,single-car 3. severability clause. 4 garage doors must be used and each car door must be 4 MS. BEASLEY: I would offer a friendly 5 separated by masonry columns with at least one of those . 5 amendment to the motion that -- because in your original 6 garage doors recessed from the other two by a minimum of . 6 motion you had the 33 percent-- 7 12 to 18 inches. 7 MS. KRlSTOFERSON: That's mine. S MR. COCHRAN: Suppose you have mama's car 8 MS. BEASLEY: But he made the motion. Is 9 and papa's car, right? 9 that what you had in there? 10 MR. MURPHY: The problem we get into with 10 MR. BURROUGHS: That was the original 11 that strict interpretation is that people have suburbans 11 motion. There was a friendly amendment to agree to the 12 and some wider vehicles and they have trouble negotiating 12 ones that were acceptable. It does not have the garage 13 the columns. So what we de is we provide the ability to 13 element in it. 14 have a certain percentage of lots or homes not have that 14 MR. COCHRAN: The current motion does not. 15 specific architecture requirement; therefore, gives those 15 MR. BURROUGHS: That's correct. It has 16 people that have those larger vehicles the ability to have 16 everything else. 17 a lot and a house like that. 17 MS. BEASLEY: Okay. Well, then, could I 18 MAYOR BROCK: Neil. 18 make a friendly amendment that we put front-facing 19 MR. DURRANCE: ljust had a quick question. 19 garages, attached or detached, cannot extend in front of 20 What's being proposed is a 20-foot rear yard anyway. If 20 the house. So that just takes away the front. Isn't that 21 you swing the garage around to the rear and use 20 feet 21 what you were saying, Mike, to do? 22 for the garage, does the garage go to the property line? 22 MR. COCHRAN: uh-huh.. Well, that's to 23 MR. MURPHY: Typically not. What we do on 23 allow for swing and other things that would extend. 24 J drive, you'll actually-- sometimes work the side of the 24 MS. BEASLEY: That allows for the swing 25 house where the garage is so you have less depth on that 25 garages. 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 98 side of the pat~,per se. And then you bring it up and 1 you extend the game room or the family room on the other 2 side of the house. Typically, we'll come in and we'll set 3 pads with a pad width, the minimum pad width, the minimum 4 pad depth. And from that we'll start working with the 5 builders to design the types of garages that we want in 6 there, whether they're detached, attached, swings, 1's, 7 architecture controls, or some other things that some of 8 the builders would like to put in place. 9 But a 20-foot rear yard, we deal with that 10' a lot of places and we bave J's that work nicely on 11 20-foot rear yards. You don't maximize your -- you just 12 don't maximize the whole side of that pad on that side in 13 particular where you have the garage at. 14 MS. BEASLEY: what's the motion that we 15 have on the floor? 16 MR. BURROUGHS: The motion at this moment 17 is for adoption with the two modifications that have been 18 agreed upon and stated by the developer. There are two 19 conditions. 20 MS. KRISTOFERSON: Regarding fencing and 21 elevation variations. 22 MR. BURROUGHS: Right. And I guess did I 23 -- I guess there's also included the conditions by the 24 school district. And we're still discussing the third 25 CITY COUNCIL MEETING SEPTEMBER 12,2000 MR. PROUTY: could we, if it Ipoks like that's where you're going, what we might want to do to follow that concept up is maybe take a five-minute break to let us and the planning staff get with the developer's attorney and see if we can work out some language to come back with you on. MAYOR BROCK: could we go onto the next item? Could we suspend this and go to the next item? MR PROUTY: why don't we let them work on that and see if they can come back. MAYOR BROCK: what is the official procedures in our procedures? Before we vote on that- while we're still working on that motion, we will go onto -- a five-minute break. We will reconvene at 11 :00 pm. (BREAK TAKEN) MAYOR BROCK: we are reconvened and are again considering Agenda Item No.4 which deals with zoning case 2-99-100. . MR. MURPHY: Again, Council, I appreciate your patience with us tonight to work through this. We have worked with staff and Council to come up with hopefully what will be a solution that's acceptable. It does contain, though, a qualification. And the qualification is, basically, that the modification to the language to clarify that garages that extend in front of Page 100 Page 97 - Page 100 CondenseItTM I' I } , Page 101 Page 103 -. the homes are allowed if they do not face the street. If 1 MR. MURPHY: One clarification, if I could, 2 that is legally upholdable in the opinion of our joint -- 2 after advice from counsel. Again, we need to make it 3 between our counsel and your counsel, then we're prepared 3 stated very clearly that this clause is subject to the 4 to put some restrictions on the garages. If after this 4 joint confmnation of City's counsel and our counsel ~ 5 meeting that interpretation is not legally bindable in the 5 it is legally enforCeable and is not subject to somebod. 6 joint opinkm, then any restrictions on the garages other 6 coming back to us and, basically, overturning the zonLe. 7 than what's in the zoning case need to be stricken from 7 or reopening the zoning or things of that nature. 8 the detailed plan. That's our proposal. 8 MS. KRISTOFERSON: We've already put that 9 As far as the restrictions go, what we have 9 in there. 10 provided for with Mr. Reichhart, and I'll let him briefly 10 MR. MURPHY: I just want to restate that 11 state those and we'll see how this goes. 11 that's a condition. Again, it takes both parties to agree 12 MR. REICHHART: what we've said is that 33 12 to that. 13 percent of attached garages in front of the house shall 13 MR. COCHRAN: SO in the morning if your 14 not face the street. That allows for the swing garages, 14 counsel decides he doesn't like the idea, then he goes 15 that 33 percent of all the houses would have swing garages 15 back to square one. 16 or something. And the other condition would be 16 MR. MURPHY: Our counsel will be meeting 17 fronHacing attached or detached garages cannot extend in 17 with the City's counsel to work through the legal 18 front of the house. 50 percent of said garages shall be 18 ramifications of it. If they can both come to the joint 19 recessed a minimum of 18 inches from the house. 19 conclusion that it is legally affected, then we're fine. 20 MS. KRISTOFERSON: could you read that 20 MR. COCHRAN: Okay, jointly. Okay. Got 21 again? 21 it. 22 MR REICHHART: The whole thing? Front- 22 MAYOR BROCK: Any more discussion of the 23 facing attached or detached garages cannot extend in front 23 motion? All in favor please raise your right hand. 24 of the house. 50 percent of said garages shall be 24 Opposed. Motion passes. 25 recessed a minimum of 18 inches from the house. 25 MR. YOUNG: I'd like to make a motion to I Page l02 Page 1\:::~: 1 MR. MURPHY: That's at least 50 percent. 1 adjourn. ; 2 MR. REICH HART: At least 50 percent. 2 MR. BURROUGHS: Thank heaven. ... 3 MS. BEASLEY: 1 make that a friendly 3 MAYOR BROCK: very well accepted. We're 4 amendment to your motion, Mike. 4 adjourned. 5 MR. BURROUGHS: Yes, I would. And with the 5 (END OF PROCEEDINGS) 6 stipulation that the entire clause is severable if it is 6 7 -- if any portion thereof is set aside by ruling of a 7 8 court. Is that the essence of what you were saying about 8 I 9 severability? 9 10 MS. BEASLEY: 1 said I would make that a 10 11 friendly amendment and he accepted it. 11 12 MR. BURROUGHS: EXcept that I'm adding the 12 13 part about the severability. In other words, these 13 14 modifications about garages are to be -- stand alone. And 14 15 if any portion of it is overturned by a court, the entire 15 16 modification to garages is set aside, severable. 16 17 MAYOR BROCK: And who seconded your motion 17 18 originally? 18 19 MR. BURROUGHS: sandy. 19 20 MS. KRISTOFERSON: 1 did. 20 21 MAYOR BROCK: So do you accept that 21 22 modification? 22 'J/ 23 MS. KRlSTOFERSON: Yes. 23 24 MR. COCHRAN: Gentlemen, would you like for 24 25 us to vote on this? 25 CITY COUNCIL MEETING SEPTEMBER 12,2000 Page 101 - Page 104 ATTACHMENT 8 - P&Z MINUTES (DEC 14,2005) Page 33 Page 35 1 COMMISSIONER STRANGE: okay. 1 They also want to put a restriction that 2 MS. CHEWLE: The site is generally located 2 the houses with the lot sizes that are 60 feet wide shall 3 between 1-35 and Fort Worth Drive right here. The parcels 3 have a minimum square footage of 1,400 square feet. On 4 in yellow are the ones that will be affec1ed by the 4 lots that are between 60 feet wide and 70 feet wide, 5 amendment This was the notification map that was sent 5 again, it's the same requirements as 60 feet wide lots. 6 out. At first whenever the application was made it was 6 On lots that are 70 feet wide and wider, 7 for both Country Lakes North and Country Lakes West But 7 they will have at least 33.5 percent of the lots with 8 Country Lakes West was not a part of the ordinance that 8 houses with attached front-facing garages and will be 9 has set the requirement which they're asking to defer from 9 recessed by 18 inches and will have to be -- and those 10 today. So we took out the Country Lakes West part and 10 houses will have to have a square footage of 2,200. Staff 11 it's only for Country Lakes North. 11 recommends approval of the request with the following 12 This is the opposition map. There was two 12 conditions. That at least 50 percent of the front facing 13 oppositions from within 200 foot, which is this one and 13 garages be recessed a minimwn of 18 inches from the front 14 this one. We have three letters, three owners who are 14 of the house and each lot must be provided with a one IS neutral to the request and two in favor and 1 gave you 15 three-inch caliber tree in front of the house above the 16 copies of those. Okay. 16 required landscaping per the Code in the ordinance. 17 The applicant is Spring Brook Planning 17 This was the application that was submitted 18 Group, Grapevine, Texas. The applicant is requesting to 18 to us. The applicant came up with a different proposal 19 -- an approval for an amendment of the Detail Plan for 19 this afternoon which says - well, they want to change it 20 Planned Development 174. The applicant proposes to amend 20 to at least two-thirds -- they want to go up to 100 21 the detail pIan regarding the requirement that states 32 21 percent front-facing garages with two-thirds of those 22 percent of the garages should be J -swings or side-entry 22 front-facing garages would have -- would be recessed or 23 garages. 23 will have a column. So in effect, if you look at this, 24 This requirement was adopted by Council and 24 this is the Proposal 1 with the staff recommendation. The 25 Country Lakes North Phase 1 has 261 -- let me go back and 25 first bar shows that -- the first scenario shows that the Page 34 Page 36 1 read what the ordinance reads. The ordinance says that no 1 blue would be 50 percent which is recessed. 2 more that 67 percent of the lots may have houses with 2 So if you -- the Proposal 1 would have 3 attached fronHacing garages. At least 50 percent 3 1:l1rre scenarios, three different ways that it could happen 4 of such attached facing garages shall be recessed a 4 in the future. So the light blue would be 50 percent 5 minimwn of 18 inches from the front of the house. 5 recessed. And the purple would be 50 percent flush. It 6 Front facing attached or detached garages 6 could happen that they could put all of the 33 percent 7 cannot extend in front of the houses - house, however, 7 with the column within the recessed garages. 8 attached garages that do not face the street may extend in 8 The second scenario would be 50 percent 9 front of the house. Okay. 9 recessed and 50 percent flushed, but could put the 33 10 The applicant is requesting to amend the 10 percent with the column in the flush garages. 11 n:quirement which is not more than 67 percent of the 11 And the third scenario would be 50 percent 12 houses can have front-facing garages. The applicant is 12 recessed plus the 33 percent with the column and the 13 providing the following, requesting the following changes. 13 remaining would be flush without the column. Well, with 14 There's three different lot sizes in Country Lakes North. 14 the proposal that came today, what they will do is, the 67 15 One is 60 feet wide -- there are lots which 15 percent will be either with the recessed or with the 16 are 60 feet wide and then there are lots which are between 16 column, and the 33 percent will be without -- will be 17 60 feet to 70 feet and then there are lots which are wider 17 flush without a column. 18 than 70 feet. On the lots that are 60 feet wide, the 18 So I'll let the applicant explain the 19 applicant is proposing to have at least 33.5 percent of 19 proposal to more -- because it just came in the afternoon 20 the lots with front-facing garages shall have -- shall be 20 and this is how much we got from. it. So if there's change 21 recessed with a nrinimum of 18 inches. He also says -- the 21 in that, 1'1l1et the applicant explain that. So that's 22 applicant also says that they would provide at least 33 22 it. Do you have any questions? 23 percent of the front-entry garages with an architectural 23 COMMISSIONER STRANGE: I'm asking for a 24 column of a single car separated by a masonry column which 24 point of clarification just for a second. 25 would be, li1re, the first picture. 25 (Discussion off the record.) PLANNING AND ZONING MINUTES DECEMBER 14~ 200S Page 33 - Page 36 CondenseIt 1M Page 37 Page 39 1 COMMISSIONER STRANGE: Can we see what the 1 percent of the surfaces, exlerior walls - we have brick 2 notice was for this? 2 requirements which is not typical in most subdivisions in 3 MS. CHEWLE: Excuse me? 3 Denton now. 4 COMMISSIONER STRANGE: Can we see a copy of 4 No repeat elevations, that's similar to 5 the notice? 5 what the Code has, the screen wall on John Payne Road 6 MS. CHEWLE: sure. 6 being brick and that each house has a two-car garage, 7 COMMISSIONER STRANGE: what was posted as 7 that's something you don't see and it is not typically 8 the notice. The reason I'm stopping this in concern is we 8 n:quin::d in both subdivisions. Here is the exact garage 9 have a proposal that we had access to and what we've had 9 condition that's written in the PO detail plan. And 10 presented to US to look at. And now we've got another 10 quickly, the translation is that all of the houses, or the 11 proposal that I'm not -- I'm curious as to whether that 11 front-facing houses can't go beyond the front of the 12 has been posted to the public and whether we're 12 house. And that's similar to what we have in the 13 considering something that is beyond the notice that was 13 Development Code right now. It simply says the house 14 sent out. Okay. I think the opinion from Council is that 14 cannot be - or the garage cannot be extended in front of 15 we can consider either Proposal 1 or Proposal 2. I just 15 the house. 16 wanted to make sure before we got too far into proposals, 16 That is similar to what we're doing. We 17 Proposal 2, that the public had been adequately posted as 17 also have a condition that, you know, a third of the 18 to what was going to be discussed and that we're not 18 houses be recessed 18 inches, which is not standard in 19 bringing something forward that the public had not been 19 most subdivisions. And then 33 percent be non-facing or 20 notified of. 20 J-Swings. And that 33 percent non-facing, the I-Swing one 21 You can now resume your presentation. 21 is the one that's really causing us the issues right now. 22 MS. CHEWLE: well, actually, I was done, 22 And a -- excuse me. I really think, 23 but I want to say something else. The applicant is also 23 stretching my memory when this was approved, the reason 24 -- with the Proposal 1 , the applicant is also providing 21 24 for the broad orientation was the one similar to what our 25 gallon shrubs planted in the front yard, which are not 25 condition is now so the garage doesn't become a dominant Page 38 Page 40 1 currently required and they're going to do it with all of 1 feature on the house and then it creates some variety in 2 the lots. They're also going to provide window trims 2 the housing elevations. Our issues with the J -Swings 3 which are not required now. And also there's going to be 3 right now on a 50-foot lot and a 60-foot lot is that if 4 front and side yard sodding which is not required now, and 4 you drive out there and look. people aren't utilizing them 5 masonry columns, which are not required now. 5 - being able to utilize the garage because there's not 6 COMMISSIONER STRANGE: AnY questions of 6 enough maneuverability to be able to swing and pull into 7 staff? Okay. We'll open the public hearing. Is the 7 the garage. And what you see is people pulling straight 8 applicant here and do they wish to speak? 8 into the driveway, and basically parking in front of the 9 MR. REICHHART: Yes. Thank you- Larry 9 garnge. 10 Reichhart, Spring Brook Planning Group, 2405 Mustang Drive 10 Marketing-wise, folks, quite honestly, 11 and quite honestly, our reasoning, and I'll get into it, 11 aren't -- the J-Swing style house on the sma1Ier lots 12 for changing the amendment, what we think we're proposing 12 isn't taken off, and I believe this is really the reason 13 is easier to follow and easier to implement, but I'll go 13 for it is because there just isn't enough room on the lot 14 through the presentation and hopefully, it will become a 14 to handle that. 15 little bit clearer. 15 Our proposed amendment now from what we 16 COMMISSIONER STRANGE: we've asked once, 16 originally said, what we'd like to do is we have -- 17 but I'll ask again. Would you like to have some help? We 17 anytime -- I believe anytime you put exact numbers on a 18 have people sitting there that can do that 18 PO, 33 percent shall be blue, 33 percent shall be red and 19 MR. REICHHART: ob, no. I'll be fine. 19 the other third has to be yellow. When you get down to 20 Thank you. Thank you for your patience. And we are 20 the final few lots or anything, you're dictating the 21 looking at an amendment to Country Lakes Subdivision. 21 market:, and that's one of the problems with the conditions 22 It's PD 114. It was originally approved in 1999 so it was 22 33 percent shall be this, 33 percent sball be that is that 23 approved prior to the adoption of the Devefotnpent Code 23 we're dictating what the market is going to drive out 24 and one of the remaining POs still in effect. Some of the 24 there, and what we'd like to do is take another look at 25 other existing conditions that we have in our PO is 80 25 how we're going to do this. PLANNING AND ZONING MINUTES DECEMBER. 14,2005 Page 37 - Page 40 Page 41 Page 43 1 We agree that all of the houses could be 1 Code was adopted at that time, but we've dropped now to 2 front facing or this is what we're proposing, all of the 2 two-inch trees. So at the time it was three. But we'll 3 houses on the 50 or - 50 and 60 foot lots basically up to 3 do two three-inch trees, and when the Landscape Code, the 4 the 70 foots, houses could face the street, or the garages 4 previous Landscape Code, the property owner could write 5 could face the street, excuse me. However, just like the 5 out of that, if they didn't want the trees, they just 6 existing Code, we'll say no house will extend in front of 6 signed a letter and said I'm not having any trees. We're 7 the - or no garage will extend in front of the house. 7 doing two trees per front yard. 8 And instead of saying a third will be this and a third 8 And 1hen we're going to take the next step 9 will be that, what we'd like to do is say at least two- 9 forward and say every window will have trim, or the front 10 thirds of the front-facing garages will either have the 10 windows will have trim. And, again, that's something new 11 pillars or they'll be recessed 18 inches. 11 in the Development Code that wasn't at the time. So in 12 So what we're saying is two-thirds of our 12 essence, we're trying to build-in as much as what 13 houses will be treated differently than every other 13 everybody else is doing now and we're even doing more with 14 subdivision in Denton right now. Right now it's flush or 14 saying two-thirds would be recessed and/or pillars. 15 recessed with the house. All it says is it can't extend 15 By saying -- the way we had it originally, 16 in front of the house. And what we're trying to say is 16 a third would be recessed, a third would be pillars, what 17 that we'll take two-thirds of our houses and either recess 17 happens if you have a recessed garage with pillars? Which 18 them 18 inches or put the architectural column to split 18 one do you count it towards? And we just think. it's going 19 the two-car garage. We're also saying on lots that are 50 19 to be easier to implement by saying no garage will be in 20 to 60 foot wide basically that we'll have a minimum 1,200 20 front of the house and two-thirds of the garages will 21 square foot house. Lots 60 to 70 -- yeah, 66.99 feet will 21 eit:her be recessed or have the pillars. 22 have 1,800 square foot. And, again, in the Code all 22 The proposed amendment, again, here's some 23 you're required to have is 900 square feet. What Wynn 23 pictures. We've a1re.ady staI1fxl doing some of the 24 Jackson pride themselves in is building a community. And 24 garages, breaking up the two-car garages with some of the 25 as soon as you drive into that community, you sex:: that 25 pillars. It does provide, you know, the architectural Page 42 Page 44 1 with that entry treatment, the ponds, the fountains, the 1 Iclief, which I think we were looking for. Here's a 2 real nice white fence -- I hope everybody's gone out there 2 couple of other examples. Here's some standard -- you 3 to sex;: it, you know, the brick columns, they have started 3 know, here's the two-car garage that's being built out 4 a very nice community out there and it's a quality 4 there now, and some other ones. And, you know, by 5 development with what they're doing. 5 painting the different trim colors, the garage is not an 6 And in the backup I provided even the 6 ovc;rly dor>1;nant element on these houses. But, again, 7 additional deed restrictions they have on every property 7 we're n::quired to have two-car garages. 8 that cover the, you know, the landscaping, the roof pitch, 8 In your backup, you have a copy of these 9 the roof material, fencing, brick color, no repeat brick 9 restrictions and covenants, again, which go to creating 10 color, storage sheds, screening of heights and all of 10 that community in a neighborhood, when you get the 11 that. H landscaping and when you fllSt move in, it looks lived in. 12 So they have already developed and are 12 And, again, as I stated in the garage orientation., I think 13 continuing to develop a quality development. We're 13 our proposed amendment does break up the large garage door 14 looking for some flexibility and so the I-Swing garage is 14 and I think it creates variety in the housing styles, 15 trying to provide another alternative. And then on the 15 again, within the non-repeat elevation within 200 feet, 16 lots that are greater than 70 feet wide, we're saying the 16 you know, and, you know, a third will have pillars, a 17 same two-thirds, SO we'll either have, you know, recessed 17 third will be recessed and some might be flushed. It will 18 the brick columns. But we'll go out and say at least a 18 break up the architectural along that streetscape, and, 19 third of those, which we can now have more than a third 19 again, I have a handout -- Frank, if you could hand that 20 -- will be the I-Swing garages, and those houses will be a 20 out of exactly what I stated today, how that condition we 21 minimum of 2,200 square feet. 21 would like to sex:: it revised. 22 And then for every house in the subdivision 22 We don't think the intent has changed any. 23 from now on, the front yard will be fully sodded. We'll 23 It's just how you're going to add up the numbers, and 24 provide those 2l-gallon shrubs, what we're going to say is 24 quite honestly, if you look at the garage orientation 25 two three-inch trees. And, again, even at the time the 25 issue, going from J-S"wings to these other issues, adding CondenseItrM PLANNING AND ZONING MINUTES DECEMBER 14,2005 Page 41 - Page 44 CondenseIt 1M Page 45 Page 47 1 the landscaping and the minimum lot sm:s and such, or 1 The swings on the lai-ger homes are great 2 building size, we still think this subdivision is doing 2 and fme because you've got a wider house to work with. 3 more architecturally and site design-wise than almost any 3 If you put a Swing Garage on a 40-foot wide house, you've 4 subdivision and def"mite1y any new subdivision coming on 4 got - you've encompassed at least half your house by that 5 line now. But going to hard-fast numbers, it's an issue 5 garage swing. So, again, part of the rationale is exactly 6 of trying to dictate that market and that accounting 6 what Larry's taJking about, the market is not perceptive 7 practice at the end, and saying, all right, we've got five 7 to it plus we, as a seller, do not like the architectural 8 lots left, you know, two have to be I-Swings. And if you 8 style theme that it puts in our community. We believe it 9 don't want a J -Swing, then too bad. I think it just 9 de-values our community instead of increasing the value. 10 provides that flexibility. And with that, I'd be happy to 10 So we pride ourself, as Larry mentioned earlier, about 11 answer any questions, I'm assuming there would be some. 11 building a high-quality community, putting a lot of 12 COMMISSIONER STRANGE: what's the side yard 12 architectural products into it We personally see every 13 requirement there? 13 plan, every brick color, trim color, and other things that 14 MR. REICHHART: Five and then it might be 14 go into our community because we value the long-term 15 six foot on the 70s. But it's a minimum five foot 15 integrity of the community, not just a short-term home by 16 COMMISSIONER STRANGE: ADd part of your 16 home sale. So any questions, I'd be glad -- 17 reason for moving away from there, you say you can't 17 COMMISSIONER STRANGE: you've got a line of 18 construct these J-Swing garages? 18 questions here. Dr. Noble. 19 MR. REICHHART: well, as you saw in some of 19 COMMISSIONER NOBLE: Thank you, Mr. 20 the photos, we have constructed I-Swing garages, but, you 20 Chairman. What size is the majority of the lots proposed? 21 know, what -- the comments we're getting back are, I mean, 21 Do you have an idea? 22 just from driving through the subdivision, you see that 22 MR. REICHHART: They range from, you know, 23 folks can't utilize them with two cars and be able to 23 between the 50 and 60, 60 to 70s and 70s. I believe 24 swing both cars into the garage because of the width of 24 there's a breakdown -- let me grab that. 25 the lot unless you pave the entire lot and there's still, 25 MS. CARPENTER: It's on page 3 of your Page 46 Page 48 1 front landscaping that we'd like to provide and such. 1 staff report. 2 And marketing we're finding, as folks drive 2 MR. REICHHART: The exact numbers is in the 3 through the subdivisions and see those style houses, it's 3 backup. So there's, you know, about 650 -- between 60 and 4 not the dominant -- you know, quite honestly, folks are 4 - or 50 to 60 foot, 526 from 60 to 70 and then 97 wider 5 looking at other options, and we're trying to design other 5 than that. And if you really look at the design, it 6 options besides the J-Swings. 6 depends on how you add on corner lots and, you know, stuff 7 If it's possible, Frank Murphy from Wynn 7 like that There are more 70s than -- these are the 8 Jackson is here, vice-president of Wynn Jackson, and he'd 8 minimum requirements. I mean, there's no doubt it impacts 9 be able to shed some light on some of the marketing issues 9 the majority of the subdivision. But, again, you know, we 10 if you'd like to -- 10 do believe that the architectural columns and recessing 11 COMMISSIONER STRANGE: That's fine. 11 two-thirds, you know, that combination, again, is above 12 MR. MURPHY: Thank you, Cha.irman. staff, 12 and beyond what any other subdivision is doing and still 13 and Commissioners, Frank Murphy, Senior Officer of Wynn 13 creates that, you know, relief and variety. And they look 14 Jackson, Inc., 600 North Pearl, Dallas, Texas. The 14 good 15 question you asked is a very important one. Have we been 15 COMMISSIONER NOBLE: SO if I'm reading this 16 able to build J-Swings? Yes, we have. But what we're 16 right, the lots that are 70 or -- 70 wide or wider, 32 of 17 fmding is that building a J-Swing on a 50 or 60-foot lot, 17 those - well, there's a total of 97 lots, right? 32,33 18 that becomes the domim.mt feature. It sticks out in front 18 of them would be -- will recess at least 50 percent, 19 of the house. It precludes the visual line sight of the 19 right? 20 front of the houses which everybooy wants to see. So it's 20 MR. REICHHART: of the 70s? And again, 21 resulted in a perception visibility-wise that we don't 21 it's either going to be recessed or -- and/or the columns. 22 like in our communities. We like the house itself to be 22 So, and, again, there won't be an exact number. The only 23 the visible feature, the dominant feature, not the 23 exact number we have is the number of J-Swings we would 24 garages. That's why we do not double car garage doors. 24 have on the 70-foot lots, because we're saying at least 33 25 That's why we like the architectural controlled fronts. 25 and a half percent would be J-Swings. Everything else is PLANNING AND ZONING MINUTES DECEMBER 14, 2005 Page 45 - Page 48 CondenseIt 1M Page 49 Page 51 1 going to say, there's some flexibility in that statement 1 requirement because the front of the house is sticking out 2 of how you say -- well, at least two-thirds. So, I mean, 2 a little bit. And, again, the one in the upper right is 3 it is an exact number. But by saying two-thirds will be 3 flush on this picture. 4 either/or gives us that variety. 4 COMMISSIONER HOLT: where's the door? 5 MS. CARPENTE.R; ADd the table label 5 MR. REICHHART: Excuse me? 6 proposed requirement on page 3 of the staff report 6 COMMISSIONER HOLT: Where's the door? 7 addresses itself to proposal number one not to the 7 MR. REICHHART: And quite honestly, that 8 proposal he's raising tonight, because we didn't have 8 elevation right there will no longer be built and the 9 benefit of that when we wrote the staff report. 9 door's around the other side of the house. Our minimum 10 COMMISSIONER NOBLE: Thank you. 10 requirements will eliminate that elevation. That's one 11 MR. REICH HART: And quite honestly, we were 11 elevation.. I probably shouldn't put it in, but that's 12 talking today and looking at how this would be implemented 12 one elevation that we're not crazy about out there. 13 and that's how we came - it is just today we came up with 13 Our rninirnllrn lots or our minimum building 14 this. And I hate to do it, but we still -- we really do 14 size that we're proposing will eliminate that elevation 15 think it's a much better worded condition and much easier 15 because the -- exactly that reason the door is on the 16 to implement. 16 other side of the garage, and you have to basically around 17 COMMISSIONER STRANGE: MrS. Holt. 17 the whole front of the house to get into it. 18 COMMISSIONER HOLT: Yes. If I -- I'm 18 COMMISSIONER HOLT: well, are there others 19 reading off of the staff analysis proposed requirement, 19 that are -- I mean, since you're eliminating that one, but 20 and it says flushed, front-facing 100 percent flushed, 432 20 are there others that do that that the garage doors stick 21 and 350. 21 out so far in the front that the door you have to walk 22 MR. REICHHART: what page is that? 22 back to the front door? 23 COMMISSIONER HOLT: That's on Page 3. 23 MR. REICHHART: well, there are some that 24 MR. REICHHART: okay. 24 are .. that if you see the front one, how the front entry 25 COMMISSIONER HOLT: AttaChment 1. 25 is recessed, there are similar ones like that and they Page 50 Page 52 1 MR. REICHHART: potentially, without those 1 have bigger arches in front of them. and such. And, again, 2 few J-Swings that we're taIking about guaranteeing, 2 wi1h the new codes, entries are supposed to be recessed. 3 potentially, the lots could all be front facing. The 3 COMMISSIONER HOLT: But garages are 4 garages could all be front facing. Now, I've got to 4 supposed to be recessed. 5 imagine there will be someone that still would want a 5 MR. REICHHART; No. The garages are 6 J-Swing, but I mean, we're not going to guarantee that. 6 supposed to be flush. 7 But just like -- and, again. I hate to -- I don't want to 7 COMMISSIONER HOLT: well, flush, but not -- 8 keep bringing this up, but with every other subdivision in 8 MR. REICHHART: Not sticking out in front. 9 Denton, they all could be front-facing. It's what the 9 COMMISSIONER HOLT: -- not sticking out in 10 market will dictate on the elevations. And, again, we 10 the front 11 have three builders and they have, you know, eight to ten 11 MR. REICHHART: well, and, again, this 12 different elevations or floor plans with different 12 house would fit in any 01he:r subdivision because the other 13 elevations. So there still is a lot of variety on the 13 side of this sticks out a little bit farther than the 14 type of houses that will be built. 14 house. 15 COMMISSIONER HOLT: on these pictures-- 15 COMMISSIONER HOLT: well, Larry, we go back 16 MR. REICHHART; uh-huh. 16 a long way. You know how I feel about garages. Not good. 17 COMMISSIONER HOLT: -- these are all-- is 17 Why do they have to be sticking out like that at all, 18 this flush? 18 period? To me, that degrades the whole neighborhood. 19 MR. REICHHART: some of are flush. Some 19 And, I mean, this sounds like a wonderful neighborhood. 20 are recessed. I think I have some -- some of those 20 MR. REICHHART: well, I wish everybody had 21 existing pictures too. Because of the overhangs, the one 21 gotten out there because it is. 22 in the bottom comer, I mean, that is considered recessed 22 COMMISSIONER HOLT: I mean, I'm sure it is, 23 a little bit because of the front of the house is sticking 23 but you can go all over town and see 1hose garage doors on 24 out. It wouldn't -- I don't believe that would meet the 24 the front and I thought that's why through the Development 25 l8~inch requirement, hut it does meet a recessed 25 Code that we worked on for years, we've been trying to get PLANNING AND ZONING MINUTES DECEMBER 14,2005 Page 49 - Page 52 CondenseIt 1M Page 53 Page 55 1 away from that. 1 and all you could see is concrete. 2 MR REICHHART: At the same time, the 2 MR REICHHART: on a I-Swing or a -- 3 column will help break up the garage and recessing them a 3 COMMISSIONER ROY: I-swing. 4 little bit will help -- the 18 inches will help break up 4 MR REICHHART: That's correct. 5 the garage. And, again, you've got to nmember this 5 COMMISSIONER ROY: n didn't look nice. 6 subdivision was designed prior to the adoption of the 6 MR. REICHHART: we don't disagree with 7 Code. It doesn't have alleyways. They're not rear entry. 7 that. It is a lot more concrete. And, again, on a wider 8 We have to have two-car garages. Two-car garage -- I 8 lot, you can curve that in and do more landscaping and 9 mean, physically inside, it's taking up 22, 24 feet of 9 make it fit into the lot a lot better and create even a 10 that 50 foot wide lot. There isn't much room left to do 10 little courtyard between the garage and the -. and the 11 anything other than what we're doing out there. And, 11 front entry. But as you get narrower and narrower, it 12 again, the landscaping, two trees per the front yard, the 12 becomes all concrete in front of your house. And that's 13 window trim now, and all of those little elements help 13 what we're trying to get away from. 14 minimize the impact of that garage. 14 COMMISSIONER STRANGE: Dr. Th1bodeaux, you 15 COMMISSIONER HOLT: well. I think that 15 were up. 16 since it is a PD and it goes a long ways back, that's - 16 COMMISSIONER THIBODEAUX: I was going to 17 you have probably done the best you could do with garages 17 ask Larry to go back through the elevations and I think 18 sticking out on the fronts of houses, which is basically 18 he's done that. If you could just -- the I-Swings on -- I 19 what it is. 19 don't know if I ever saw the 18-inch. 20 MR. REICHHART: I would argue that because 20 MR. REICHHART: I'm not sure if I really 21 I think, you know, pictures don't do it justice. If you 21 took pictures of anything that was 18 inches because I was 22 drive out there, it is more than just houses - or the 22 focusing on columns. And then I vve.nt out today just -- it 23 garages that is the dominant element. Again, I was out 23 was asked, quite honestly, what's it look like if it 24 there again today, and, yeah, if you go out looking just 24 doesn't have columns, and that's why I took these last 25 at garages, you will see garages, but there's much more 25 series of pictures of the houses without columns. Page 54 Page 56 1 than that with the stn:etscape alone. 1 COMMISSIONER THIBODEAUX: And those are 2 COMMISSIONER HOLT: Thank you. 2 existing homes -- 3 COMMISSIONER STRANGE: Mr. Roy. 3 MR. REICHHART: These are all existing 4 COMMISSIONER ROY: well, I did go out and 4 homes out at Country Lakes. 5 look at it. And I'm having a little problem with the fact 5 COMMISSlONER TIllBODEAUX: But the 33 -- 6 that the developer, I understood came before us and said, 6 those existing homes that you're showing all of the slide 7 you know, he doesn't like to put in J-Swing garages or 7 now are illustrations of what only 33 percent could look 8 such, but quite frankly, that's what was agreed. I mean, 8 like? 9 what's the logic of coming in now and saying -- 9 MR. REICHHART: Yes, I mean, you know, of 10 MR REICHHART: Because coming in now we 10 the flush garages, correct. 11 have, you know, five to six years of experience of 11 MR MURPHY: r.arry, can you go back to the 12 building them and it's not wOIking. That's what's coming 12 one that had the two swings on it for just a second? 13 in now is that -- 13 Right there. If you look on the bottom left, this is part 14 COMMISSIONER ROY: It's a marketing issue 14 of the things that we don't like in a small house. 15 rather than -- 15 There's restrictions on our subdivision, also. We're 16 MR REICHHART: I mean, after you build a 16 trying to discourage people from parking routinely on the 17 few of them and you see the impact, and if you talk about 17 streets. We encourage people to park in the driveways or 18 garages sticking out, the J -Swing garage sticks out more 18 in the garages. Why? Because we like the cleaner look of 19 than the typical house. When you're driving down the 19 the streets themselves. 20 street, depending on which way you're driving, you see 20 Again, traffic, transportation, frre 21 more of that garage than if it's just facing the street. 21 emergency, all of those go into factor, but we like it 22 But the cars, I mean, physically can't get in those 22 because of the esthetics of the connnunity are cleaner by 23 garages. 23 people not parking on them on a regular basis. This is 24 COMMlSSIONER ROY: well, I went to one and 24 what happens when you put a small lot on -- a small house. 25 it was on a cul-de-sac and it must have been a 50-foot lot 25 40-foot wide with a garage J to the front, people will PLANNING AND ZONING MINUTES DECEMBER 14~ 2005 Page 53 - Page 56 Cond.enseIt 1M Page 57 Page 59 1 park in front of the front door so what you see is garage. 1 very many J-Swings. My builder was the only one who 2 cars, garage, cars. Let's compare if you were front 2 offered it. I just did not care for any of the plans that 3 entry, and I don't know which direction to go here, down 3 had a J-Swing. Now, we have Gramhart who has the 70-foot 4 there -- view to a front entry, what you will have is cars 4 wide lots, which there's only a total of 97 and they only 5 parked in front of the garage doors, but not parked in 5 have a few undeveloped spaces left which is a very small 6 front of the house. So you see part of a house continuing 6 percentage of all the homes in the neighborhood according 7 as you drive down the street as compared to seeing cars in 7 to the numbers that were provided. So while we're saying 8 driveways. In small lots, people don't park in the 8 33 percent minimwn will be having a J -Swing or an 9 streets. They park in the driveways. You don't have a 9 opportunity for a J -Swing, that's maybe what one-tenth of 10 view of the house. Okay. That's another architectural 10 the entire population within there. 11 reason that we do not like -- I'm sorry. That's another 11 The numbers kind of seem a little funny to 12 -- one of the reasons we do not like to encourage I-Swings 12 me because from what I understood, there was, what, 526 60 13 and small lots, because, again, it screens the view of the 13 to 70 foot lots; 550 6O-foot lots, and only 97 of the 14 house where your dominant feature becomes the garage. 14 70-foot lots. So while it looks good that they're willing 15 COMMISSIONER STRANGE: Thank you. Any 15 to offur a third of those with that J -Swing, it's really 16 other questions of the applicant? Thank you very much.. 16 insignificant if you consider the entire numbers. Am I 17 MR. REICHHART: Thank you. 17 out? 18 COMMISSIONER STRANGE: we have no cards. 18 COMMISSIONER STRANGE: YOU have one more 19 Is there anyone else who wishes to speak. on this issue? 19 minute. 20 Yes, ma'am. 20 MS. TENIENTE: A couple of other things 21 MS. TENlENTE: My name is Kathy Teniente, 21 that I think are maybe changes. You can continue to 22 and I do live in Country Lakes. I was not prepared to 22 compare us to other neighborhoods. You can't compare the 23 speak. I didn't know what this was about, but I received 23 other neighborhoods when I built -- before I built, I did 24 my certified letter today and I'm glad I'm came. With all 24 my homework and found out that the minimum square footage 25 due respect to everything that they have said, frrst of 25 of the home would be 1,900 square feet. Now, they're Page 58 Page 60 1 all, if you look at these photos on J-Swings, they're 1 proposing to have ],200 and 1,800. That seems like a huge 2 shooting them at the angle where you look at the garage 2 jump and a change in my valne of my property when I 3 door and not from the front of the house. 3 bought. I am 2,422 square feet and I'm going to lose a 4 When you look at the front of the house, 4 lot of money if I choose to resell and I don't like that 5 the side of the garage door is bricked. There's window 5 being changed. When, I built I was told 67 percent of the 6 trea1ments. It looks like a home. And if you look at the 6 homes would have a I-Swing lot to change the appearances 7 forward facing photos, they shoot them from the front of 7 of the home. And now that's trying to be changed. Had I 8 the house, so it was kind of funny how the angle fit what 8 known that any of these changes would be occurring I could 9 they wanted to show. 9 have looked at a different place. So I am definitely 10 The other thing is they keep saying you 10 opposed to the blanket change. I think the 5Hoot lots, 11 park in front of the house with a J -Swing, well, they may 11 yes, shouldn't have a J-Swing, but I still think this 12 have driven through once in a blue moon, but I live there 12 needs to be worked on further. 13 and I drive through daily, and there are front-facing 13 COMMISSIONER STRANGE: Thank you for your 14 including my neighbor and J-Swing that park in the garage 14 comments. 15 and in the driveway because I know a lot of garages have 15 MS, TENIENTE: Thank: you. Is there 16 storage in their garage and so the cars are still in the 16 anything I can answer? 17 driveway even though they're front facing and you see the 17 COMMISSIONER STRANGE: DOeS anyone have any 18 house. 18 questions? 19 With the way that they did the homes on the 19 MS. TENIENTE; okay. 20 side -- on the J -Swing garages, it is a beautiful 20 COMMISSIONER STRANGE: Thank: you very much. 21 archi1f:cture there. Now, there is a lot of cement and I 21 Anyone else who wishes to speak? Would the applicant like 22 do agree that lots 50 to 60 wide are too narrow to fit a 22 to clarify the issues raised by the last speaker? 23 J -Swing. I do agree with that. But I have a 65~foot lot 23 MR MURPHY: A couple of quick items. In 24 and I could fit a I-Swing. I have a 55 wide home and it 24 reference to the number of lots, the 97 existing lots, 25 could have fit. But when I first built, there were not 25 those are the City of Argyle. That's referring to the PLANNING AND ZONING MINUTES DECEMBER 14~ 2005 Page 57 - Page 60 CondenseIt 1M Page 61 Page 63 1 number of lots that have currently been developed. 1 out, in the Argyle, they are the -- the larger lots are in 2 The majority of the larger lots in Country 2 that southern section. It does not impact those lots at 3 Lakes, City of Denton have not been developed, so they're 3 all. 4 not included in the 97 calculation. What we're waiting on 4 COMMISSIONER STRANGE: Do you have 5 is we're waiting to develop out the portion of the City of 5 covenants and restrictions filed on this subdivision? 6 Argyle fITSt which is the highest price. Then we'll bring 6 MR REICHHART: Yes. Deed restrictions, 7 on the lake front lots and watef feature lots which have 7 did you say? 8 that larger square footage and the larger acreage or 8 COMMISSIONER STRANGE: covenants and 9 larger size lots. So they're yet to come in a phase. 9 restrictions flied? 10 They have not yet been built. 10 MRREICHHART: Yes, yes, sir. 11 The -- in reference to the minimum square 11 COMMISSIONER STRANGE: But that did not 12 footage out there, there is no legal requirement that we 12 include any minimum square footage of home? 13 build 1,900 square foot homes or even 1,200 square foot 13 MR REICHHART: No. And in my original 14 homes as Larry has also referenced. We have discussions ]4 1etter I -- I mean, almost verbatim wrote down what all 15 with the builders continually about what square footage of 15 the architectural issues were on any of the covenants. 16 the homes do we want to encourage them to build out there. 16 And like I said earlier, it was the sheds, the 17 Legally, there's no requirement. What we're trying to do 17 landscaping, parking, roof pitch, roof material, all of 18 is say it's up to the minimum legal requirements so the 18 those other elements, architectural control. ]9 builders have to build to that no matter what happens. 19 COMMISSIONER STRANGE: okay. Ms. 20 We continually work with them on 20 Carpentef. 2] architectural plans. The one he mentioned earlier, we do 21 MS. CARPENTER: Mr. Reichhart, of the 222 22 not like that. And that was designed basically to 22 permits that have been issued for front-facing garages, 23 accommOOate the zoning request, but don't like it. 23 what is the average square footage of those units? I 24 Again, the square footage, we work with 24 mean, are you building above the 1,200 that you're 25 them to have higher square footages than what's legally 25 proposing as your minimum now or are you building closer Page 62 Page 64 1 required. The proposal tonight formally sets a legal 1 to 900 or are you building close to 2,200. I mean, that's 2 minimum than what's currently in place. And I'm not too 2 a matter of record. We could find it in the building 3 sure if there was any other specific questions you've 3 permits, but I didn't think about that until now, so I 4 raised that I recall. 4 don't know what it is. 5 MR. REICHHART; JUst so you realize this -- 5 MR MURPHY: we're currently building above 6 I mean, what Mr. Murphy said, there are two sections, one 6 ] ,200. 7 in Argyle, one in Denton. This does not impact - 7 MS. CARPENTER: SO you're building above 8 obviously, we can't impact the Argyle section in Denton, 8 1,2oo? 9 you know, from the Denton. 9 MR. REICHHART: with an exception of a few 10 COMMISSIONER ROY: oid you show that on the 10 of those lots, and again, that one house that we've all 11 map, Larry? 11 agreed we didn't, you know, like the architecture. That 12 MR. REICHHART: I don't think I have. Let 12 one's below 1,200. And one of the reasons to identify the 13 me -. 13 1,200 is to have a decent size house but to eliminate some ]4 COMMISSIONER STRANGE: would you clarify 14 of the houses that the developers are trying to bring in. ]5 for me your comment there that there is no restrictions to 15 We do have architectural control over the houses, but-- 16 minimum square footage. ]6 and, again, because we don't have a minimum lot size, we 17 MR. REICHHART: None. Well, besides the 17 couldn't say no to that. 18 900 square foot that the City n:quires. But there are 18 MS. CARPENTER: SO with one exception 19 none in the deed restrictions in any of the Concept Plan 19 they're all at least 1,200 square feet for the 60-foot 20 or the Detailed Plan that was approved for this PD. 20 wide lots? We didn't examine the building permits and see 21 COMMISSIONER ROY: HOW about on that 21 what the average square footage was, did we? 22 brochure right there? 22 MS. CHEWLE: NO. 23 MR REICHHART: you're welcome to look at 23 MS. CARPENTER: Thank you., Mr. Chairman. 24 it, but there are - I do not believe there are any 24 COMMISSIONER STRANGE: Mr. Roy. 25 references to square footages. And, again, we pointed 25 COMMISSIONER ROY: I'm trying to understand PLANNING AND ZONING MINUTES DECEMBER 14,2005 Page 61 - Page 64 Page 65 Page 67 ] how many of these lnts have actually been built on this. ] minute. Let me rephrase it then. 2 In the ordinance there's controls over ] ,272 lnts. And do 2 MR. REICHHART: okay. 3 you happen to know of the 50, and the 70 larger lnts, 3 COMMISSIONER HOLT: could you build them in 4 roughly how many of those have been built on? 4 1he larger lnts? 5 MS. CARPENTER: Mr. Roy, if you'll refer to 5 MR. REICHIlART: All J -Swings? 6 Page 1 of your staff report. 26] lnts in Phase I have been 6 COMMISSIONER HOLT: NO, not all, but the 7 approved, and 222 permits have been issUf:d. I don't know 7 percentage that you had promised to build J-Swings, could 8 if it's more than that, but that's - 8 you build them in the -- 9 MR. REICHHART: I mean, that was the latest 9 MR. REICHHART: oh, you mean -- 10 we had when I -- 10 COMMISSIONER HOLT: In the 60, 70 lots, 60 ]] MS. CARPENTER: when we brought 1he staff ]] and 70 inch lots, I mean, foot lots? ]2 report. ]2 MR. REICHIlART: We still believe we'll have 13 MR. REICHHART: Yeah. ]3 the same issues on the 60-foot lots. And then the number 14 COMMISSIONER ROY: I wasn't sure if that ]4 of 70-foot lnts wouldn't get us to that number. I mean, 15 what was still what we were talking about. Is that all in ]5 if we were going to say, you know, assume, you know, ] ,200 16 PD-174? 16 lnts total and a third of those were going to be J-Swings, 17 MR. REICHHART: Yes, and if you - if I can 17 we can't make up that number on the 60s and 70s. And, ]8 get the slide, the Powerpoint, it will give you a little ]8 again, having a bard number is very hard to market. If ]9 bit better idea. I mean, take a look at this area right ]9 folks don't want to purchase a J-Swing, some will, some 20 in here, and again, the houses that are not shaded are 20 won't, you know it will limit our market, marketability, 21 built. Some of the yellow ones, they're houses under 21 too. 22 construction now, but they're not - they haven't closed 22 COMMISSIONER HOLT: Thank you. 23 on them. 23 COMMISSIONERSlRANGE: Mr. Roy. 24 COMMISSIONER ROY: we're talking about all 24 COMMISSIONER ROY: I have a question for 25 of that yellow area? 25 staff. I don't recall any developer coming in and asking Page 66 Page 68 I MR. REICHHART: we're talking about the ] this kind of thing before on an approved PD. I remember 2 remainder of the subdivision, yes, sir. 2 one case where somebody came in and said. you know, we 3 COMMISSIONER ROY: And I guess that line at 3 agn:ed on an eight-foot masonry wall, but now it's too 4 the bottom, that pink line is Argyle. 4 expensive and now we want to put a six-foot wooden fence 5 MR. REICHHART: aelnw the pink line is 5 up and we didn't agree. But I -- somebody would come in 6 Argyle, correct. 6 and say change the number of garages and facings and such, 7 COMMISSIONER SlRANGE: SO the real effect, 7 I'm looking for some precedent here. 8 the change that's being made is not so much on what you 8 MS. CHEWLE: I believe Country Lakes North 9 see today. That's less than 20 percent of what's getting 9 is the one subdivision that has that written with the 10 ready to happen. So the changes you're asking to impact 10 ordinance. None of the other have that with the 11 on is going to affect 80 percent or better of the 11 ordinance. Whenever the P.D. - whenever the detailed 12 subdivision? 12 plan was approved, this was approved with the detailed 13 MR. REICHHART: Yes, sir. And again, what 13 plan. None of the other planned amendments have that. ]4 we're really looking at is impacting a third of that ]4 COMMISSIONER ROY: SO you're saying that ]5 number because it's basically a third are required ]5 none of the other PD.' s that we approved and are ]6 currently to be J -Swings. And we're looking to flip that, ]6 currently under development had this much detail -- 17 combine it with the recessed and the columns. And the ]7 MS. CHEWLE: correct. 18 minimum lnt sizes and the additional landscaping and the 18 COMMISSIONER ROY: -- associated with them? 19 window trim to add additional quality. to the development. 19 MR. REICHHART: NO other P.D. is required 20 COMMISSIONER SlRANGB: MS. Holt. 20 to build any J-Swings. There isn't a subdivision required 21 COMMISSIONER HOLT: could you offer the 2] to build I-Swings of the P.D.'s is what she's saying. 22 J -Swings just in the larger lots in the -- 22 This is the only one. 23 MR. REICHHART: oh, we'll offer J-Swings 23 COMMISSIONER ROY: But you agreed to it. 24 still if sonwone wants to develop it. I mean -- 24 MR. REICHHART: well, it wasn't -- 25 COMMISSIONER HOLT: well, now, wait a 25 COMMISSIONER ROY: And I'm trying to fmd a CondenseIt 1M PLANNING AND ZONING MINUTES DECEMBER 14, 200S Page 65 - Page 68 ConclenseIt™ Page 69 Page 71 1 goOO. reason to -- I mean, you've presented some reasons. 1 the builders we work with are indicating to us that the 2 MR. REICHHART: And look back at the time 2 architectural recessing of a garage door of that nature 3 this P .D. was approved in 1999, we were just s1mting to 3 has an impact on their plans and the configuration, the 4 develop the Code, all right. The Comprehensive Plan was 4 footprint of the house. They're fmding that it puts a 5 approved and we were starting to develop the Code. In my 5 cramp into more of the product as far as being able to get 6 history of it, at one time we were considering requiring 6 the configuration of the rooms to work out right. That's 7 J-Swings in the Code. And there was discussion about 7 what I've been told by the builders. I don't know the 8 that, and when this development came forward, it was a 8 specifics behind them, but it's given them quite a bit of 9 recommendation, quite honestly, from City Council that 9 problems when it comes to the floor plans and how they can 10 we're trying to change. City Council approved this PO 10 properly fit the rooms together. 11 conditional that we build J-Swing garages. All right. We 11 Eighteen inches to me doesn't make that 12 tried to build J-Swing garages. It's not working. We're 12 much difference, but., apparently, to them, it's making 13 having issues wilh it. It's not that we won't ever build 13 some pretty good difference to them. So I don't know 14 another J-Swing. But dictating to this subdivision that 14 anything else other than that, sir. 15 it has to have a third of their lots wilh J-Swings when no 15 COMMISSIONER STRANGE: you're not 16 other J-Swings when no other subdivision in the City of 16 eliminating the 18-inch recess, though? 17 Denton is required to do that. That's where we're having 17 MR MURPHY: NO, we're not. We have 18 trouble. And that's why we're trying to come up with 18 builders who have developed plans specifically for that, 19 other alternatives to mitigate the J -Swing, the brick 19 but other ones saying that, well, they're having more 20 column. You don't see -- you know, a lot of subdivisions 20 problems with it. So we're looking for a mixture of those 21 doing that. We're trying to do that to minimize that 21 type of products. Again, we don't like the standard 22 garage. So I mean, that's where -- you've got to go back 22 product used throughout the entire subdivision. We want a 23 to 1999. It was a totally different council and the way 23 variety of products, so we welcome the recessing. We 24 they looked at subdivisions, if you look at the history of 24 welcome the J-Swing to the extent we can put them in, and 25 this subdivision, it started with the Huffines with a 25 we also welcome the front-facing garages. But to have all Page 70 Page 72 1 threat to sue the City over a water easement. They were 1 of one, it doesn't mesh well for the community. We like 2 trying to form a water district. The City went out and 2 the variety as you can see with the restrictions on repeat 3 annexed the property. There was litigation underway 3 elevations, repeat brick colors and so forth of that 4 because they were going to start that water district. And 4 nature. 5 there were a series of negotiations, but it wasn't the --I 5 COMMISSIONER STRANGE: Ms. Carpenter. 6 mean, after this developer got involved with it, it had a 6 MS. CARPENTER: I do have a question for 7 history to begin with. 7 eithec of you gentlemen. In the proposal 2 that you 8 But, yes, it was a condition of approvaL 8 brought in this afternoon. Does it require brick columns 9 There is no doubt about it. But it's also a condition of 9 at any point or are all of those going away? I don't 10 approvaL If you look back a lot of times of even the 10 think it requin.:s brick - 11 color of brick which used to be picked, and the amount of 11 MR. REICHHART: oh, no, no. It doesn't 12 detail into a detailed plan was -- I mean, that's why we 12 require the brick column. And it doesn't require 13 went to the Development Code. Let's set standards that 13 recessing. It's a combination you'll have, you know, 14 everybody has to adhere to. And, again, the only 14 two-thirds recessed or brick column, so -- 15 subdivision you have to build I-Swing garages. And, 15 MS. CARPENTER: There could be zero brick 16 again, after four, five, six years, of trying to develop 16 column the way it's written. 17 those, we're having issues with it. 17 MR. REICHHART: There could be zero brick 18 COMMISSIONER STRANGE: Dr. Noble. 18 column, but as you've seen from the photos, we're already 19 COMMISSIONER NOBLE: 1bank you, Mr. 19 doing brick column. 20 Chainnan. I just want to know what's the problem with a 20 MS. CARPENTER: But it couId be zero. 21 front-facing garage with an IS-inch recess? I mean, 21 MR REICHHART: BUt it could be zero. And 22 what's the big deal? I'm not getting that -- it seems 22 if it's zero brick column then it's two-thirds recessed. 23 like that's a huge problem.. What's the problem with it? 23 COMMISSIONER ROY: BUt it can't be zero 24 MR. MURPHY: I will try and address that. 24 because you've built -- 25 I'm not a architectural expert. I home build myself, but 25 MR. REICHHART: we've already built them. PLANNING AND ZONING MINUTES DECEMBER 14,2005 Page 69 - Page 72 Conclcnselt 1M Page 73 Page 75 1 COMMISSIONER ROY: -- 200 of these houses 1 basically wmp those further into here and possibly bring 2 out of the 1,200. 2 some of them on over into here. But the exact minimwn 3 MR REICHHART: Right. But the issue is 3 nwnber of homes or maximwn nwnber of homes by product 4 and I think. what you're -- 4 size. I should believe -- staff should have that in the 5 MS. CARPENTER: Going forward. 5 zorung summary. 6 MR REICHHART: -- going forward because 6 MR REICHHART: The only requirement in the 7 we're saying it's going to either be recessed or brick 7 PD are minimum nwnbers of 70s and minimwn nwnbers of 60s 8 columns, we can't stand here and say, you know, it's going 8 and the rest can be 50s, I mean, in essence. 9 to be, you know, 50/50 recessed, 50/50 brick column, and. 9 COMMISSIONER STRANGE: I understand what 10 again, hitting that exact number, if it's recessed with a 10 you're saying, but that was the reason for my question. 11 brick column, where do you count it? Count where you need 11 If the bulk of what you're proposing in the undeveloped 12 it, but we're trying -- two-thirds of the houses will be 12 area are 50-foot lots, then typically a J -Swing is not 13 different than any current subdivision in the City is what 13 going to work no matter how you do it. If they're 60-foot 14 we're saying because it will be recessed or it will have 14 lots, then it works fine. If they're 56 feet lots, it 15 brick columns. 15 works fine. It seems to me somebody developing this would 16 COMMISSIONER STRANGE: How many lots do you 16 know how many lots they're going to have and what width. 17 have that are less than 56 feet in width? 17 I'm just looking for what the impact of this is. 18 MR REICHIJART: LesS than 56? 18 MR MURPHY: If I can tell you on the site 19 COMMISSIONER STRANGE: Yes. 19 plan right here, the light yellow are 50's. The brown or 20 MR. REICHHART: I don't have that exact 20 darker yellow are 60s. The greens are 60s. And the 21 number. 21 tmquoise or aqua are 50s. 22 COMMISSIONER STRANGE: Five percent, ten 22 COMMISSIONER STRANGE: so what you point 23 percent? 23 out are about -- I'd say half of what you've pointed out 24 MR REICHHART: There's a large number -- I 24 are 50-foot lots. 25 don't know a large number, but a number of houses that are 25 MR. REICHHART: Approximately half of the Page 74 Page 76 1 at -- right at 50 foot. And I don't have that exact 1 subdivision is SO-foot lots. 2 nwnber. 2 COMMISSIONER STRANGE: Okay. 3 COMMISSIONER STRANGE: At 50 foot? I'm 3 MS. CARPENTER: Your proposal one had 649 4 doing some math of my own having built one or two houses, 4 lots less than 60 feet? 5 56 feet based on my calculations is about the minimwn 5 MR REICHHART: Yes. I mean, that's per 6 width you could have and have a I-Swing garage that will 6 the ordinance. And it's a about -- a little over 1,200 7 function. So you don't know how many lots you have that 7 lots, SO that's about half -- 50 percent of the lots are 8 are below 56 feet. 8 50-foot wide lots. 9 MR MURPHY: when you say 56 foot width, 9 COMMISSIONER STRANGE: well, it seems to me 10 are you referring to the width of a house or the width of 10 the whole argument we're getting here, I-Swings, not a 11 a lot? 11 J-Swing. If you're below 56 feet, as a builder, it's a 12 COMMISSIONER STRANGE: A lot. 12 pretty tough deal to make that work. Obviously, that's 13 MR. MURPHY:. correct me if I'm wrong, I3 why you're here. So I'm just curious. 14 staff, but I believe the zoning provides for a minimwn - 14 MR. REICHHART: That's exactly why we're 15 a maximwn nwnber of homes to be -- lots to be 50 foot, 15 here. 16 then 60 foot, then 70 foot. The conIJgU1'Btion, what I can 16 COMMISSIONER STRANGE: HOW big is the 17 point you to here if you can go back to the aerial, by ]7 problem? Is it half of the problem or is it all of the 18 chance, this area here for the most part is concepted out ]8 problem? Because what you pointed out to me -- 19 for 50 foot lots. 19 MR. REICHHART: n's at least half of the 20 This section over here is for the most part 20 problem. 21 is concepted for 60s. This section down here is for the 21 COMMISSIONER STRANGE: -- is half the 22 most part concepted for 50s and 60s combined. The section 22 problem. 23 over in here is concepted mainly for the 70-foot products. 23 MR REICHHART: At least. 24 If the 70 foots are what's selling based upon what we're 24 COMMISSIONER STRANGE: That's all I'm 25 seeing in Argyle continuing, then we're going to look to 25 trying to fmd, how big a problem is this? And we're not PLANNING AND ZONING MINUTES DECEMBER. 14,2005 Page 73 - Page 76 CondenseIt 1M Page 77 Page 79 1 getting away from the 18-inch recess? I landscaping. We're - I mean, two three-inch trees is 2 MR. REICH HART: NO. And we're not - 2 what we're providing on each residential lot. 3 COMMISSIONER STRANGE: Maybe we are. 3 COMMISSIONER STRANGE: okay. 4 MR. REICHHART: And again - well, maybe we 4 MR. REICHHART: so if you want to -- if you 5 are, yes. 5 want the hard numbers, we'll stick to that. We think 6 COMMISSIONER STRANGE: we could be getting 6 having some flexI1>ility is much better, will provide a 7 away from that but you'll have a brick co1wnn. 7 better element. But we'll go back to it. 8 MR. REICHHART: That is correct. And the 8 COMMISSIONER STRANGE: AnY other questions 9 other thing that we're not getting away from are the other 9 of the applicant? Thank you very much. I only had one 10 requirements, you know, the 80 percent brick on the house. 10 other question. Ma'am, can you tell me where you got the 11 And, again, new Code doesn't require any brick. Two-car 11 1,900 square foot minimum? 12 garages, we're not getting away from that So all of the 12 MS. TENIENTE: I have checked 1:hra: 13 other conditions that were part of this, we're not getting 13 different builders. Like I say, if I have something in 14 away from, which still creates a high-quality development. 14 print .- 15 COMMISSIONER STRANGE: And I understand. 15 COMMISSIONER STRANGE: would you mind 16 The only problem I've kind of got is it taking away the 16 stepping back up to the podium? 17 three categories, you're down to just really now two 17 MS. TENIENTE: I have checked three 18 categories. You've got J-Swings on the 70 foot or wider 18 different builders. And I asked extensive questions 19 and then the rest of 1hem could all just end up being 19 because this is my third home to build, so I'm not going 20 flush garages with a colwnn. You're not allowing for any 20 in blind, and I really think I have something in print of 2] differentiation. 21 the original one of these. It doesn't have the rest of 22 MR. REICHHART: POtentially that could 22 those homes on there, because mine just had the fIrst 23 happen. 23 section on. If I have it in print, would that make a 24 COMMISSIONER STRANGE: well, and if the 24 difference? 25 applicant says that the builders don't like the 18-inch 25 COMMISSIONER STRANGE: NO, I'm just Page 78 Page 80 ] recess and I understand why they don't like it, then - 1 curious. 2 MR. REICHHART: But there are houses that 2 MS. TENIENTE: BeCause maybe I'm being 3 do have it and there are houses that have six inches and 3 extremely naive and showing my ignorance and thinking that 4 there's houses that have - 4 what I'm told is actually the truth in how they present 5 COMMISSIONER STRANGE: Probably the reason 5 it, and now all of a sudden they can change everything 6 to have it now is because that was part of the Code. If 6 including square footage percentage. 7 you take that away, not many people are going to go to the 7 COMMISSIONER STRANGE: well, the reason I 8 effort of designing that 18-inch n:cess in there. That's 8 asked you back, it does make a difference to me, if you 9 a problem. So more than likely what will happen that will 9 were told or if you had something in writing that says 10 disappear. You're going to end up with all colwnns and 10 1,900 square feet .. Il flush garages. 11 MS. TENlENTE: I was told. ]2 COMMISSIONER THIBODEAUX: I can't see how 12 COMMISSIONER STRANGE: And we're looking to 13 18 inches make a difference. 13 put something in a standard that says 1,200 square feet. 14 MR. RElCHHART: we do believe it will make ]4 MS. TENIENTE: BeCause I would have never 15 it more complicated in the long run. but wc'll stick with, 15 buih in that neighborhood because I had several 16 you know, a third .. at least a third will be recessed. 16 neighborhoods I was looking at and I sold two homes, so I ]7 COMMISSIONER STRANGE: okay. 17 do look at resaIe value and with the 2,422 square foot ]8 MR. REICHHART: And at least a third will 18 home that I put $30,000.00 in upgrades, I'm not going to 19 have brick colwnn. 19 build where there's a 1,200 square foot home that costs 20 COMMISSIONER STRANGE: so you're back to 20 $50,000.00 less than me. 21 your first proposal. 21 COMMISSIONER STRANGE: But you don't know 22 MR. REICHHART: If that .. I mean, we do 22 that you have that in writing. 23 believe this one's easier to implement. But we'll go back 23 MS. TENIENTE: I can look. I have all of 24 to the first proposal. We do disagree with the 50 percent 24 my original papers. I don't have 1hem with me, but I was 25 requirement as recommended by staff and the additional 25 told. I'm not pulling that out of the air. PLANNING AND ZONING MINUTES DECEMBER 14,2005 Page 77 - Page 80 Page 81 Page 83 1 COMMISSIONER STRANGE: okay. 1 would - that would go both ways, I suppose. But it's 2 MS. TENIENTE: mst like I was told the 67 2 just the nature of the beast that as part of the detail 3 percent of I-Swings. 3 plan amendment that if it's recommended by the Planning 4 COMMISSIONER STRANGE: Thank. you. I 4 and Zoning Commission and if it's approved by the City 5 appreciate that. Okay. ..:nx: public hearing is closed. 5 Council that the detail plan could be amended. I don't 6 Any discussion or do we have motions? Mr. Roy. 6 know if I've answered your question or not. 7 COMMISSIONER ROY: I would like to hear one 7 COMMISSIONER ROY: ob, you've answered it, 8 more time that if we were to make changes in a PO like 8 but it doesn't make me any more comfortable. 9 this that this is not going to open a flood gate for other 9 COMMISSIONER STRANGE: Mrs. Holt. 10 developers. Would you just make sure I understand that 10 COMMISSIONER HOLT: I would like to 11 correctly. 11 recommend denial. I believe out of the 649 lots they have 12 COMMISSIONER STRANGE: Ms. Carpenter. 12 that are less than 60 feet and they only have to be 56 13 MS. CARPENTER: FOr the purposes of this 13 feet to have a I -Swing, I think a third of those could 14 hearing I did not go back and review the conditions on all 14 probably be found. So I recommend denial. 15 16 existing pO's. So from personal knowledge, I cannot 15 COMMISSIONER STRANGE: We have a motion. 16 answer that question. All I can tell you is what Mr. 16 Do we have a second? Mr. Roy. 17 Chewle said, and that was to her knowledge, and she's the 17 COMMISSIONER ROY: I'm trying to think of 18 one who works on pos the most, that this project has more 18 another way out of this as opposed to straight denial 19 conditions and more details in it than the other 15 19 because I believe that those 50-foot lots, the I -Swing is 20 remaining do, but I cannot address that from personal 20 not going to work. It doesn't look good. And I'm just 21 knowledge. I didn't do that research for this hearing. 21 trying to see if there was some other approach. Maybe we 22 COMMISSIONER ROY: well, I accept that 22 give up the I -Swing requirements on the 50-foot lots, but 23 explanation that this one has more details and perhaps was 23 I guess the applicant has aheady agreed to go back to the 24 the only one that we approved that had the -- such details 24 18-inch recession -- recess for the original requirement. 25 as the number of garages orientation. But all of these 25 I think that's a good point. But if you've looked at Page 82 Page 84 1 PDs have a lot of details and things that we have agreed I those lots, the 50-foot lots, it doesn't -- all you see is 2 on and required them to do. And, again, I don't recall 2 concrete., and it really doesn't look good. So is there 3 ever going back and making changes to this. Perhaps, 3 some way we could move forward and eliminate the 4 these changes to some degree are justified. I'm not 4 requirement for the I -Swings on the 50-foot lots and, 5 totally convinced, but, perhaps, they are. But I think we 5 perhaps, accomplish what we're looking for in the variety? 6 have to worry about, or concern ourselves about a 6 COMMISSIONER STRANGE: I'm thinking the 7 precedent setting here. 7 same thing except I'm not real clear how that they have 8 MS. CARPENTER: It would be probably - it 8 gotten themselves to the state that they have because the 9 would be some amount of work to go back and do what I'm 9 original ordinance written says that they could have up to 10 going to say because most of this I don't think is in our 10 649100 less than 59.99. It doesn't say 50-foot lots. 11 permit tracking system. Some -- we could identify the 11 It just says less than 59.99. It appears to me anybody 12 types of conditions that are in the 16 PD'S and what kinds 12 that was going to start developing these lots knowing they 13 of amendments have been made. 100t could be done and 13 had 30 percent requirement or 32 percent requirement or 33 14 those data could be provided to you. 14 percent requirement, of these lots had to be I -Swing, 15 COMMISSIONER ROY: well. perhaps, kgal 15 didn't take me about a minute to do some math to know that 16 could comment. Am I overly worried about this or what is 16 you've got to have a 56-foot lot for that to work. So it 17 your thoughts? 17 appears to me somebody who's developed a concept of 18 LEGAL: well, I guess I'm -- I would be a 18 maximizing their lot counts, getting the 50-foot lots, and 19 little bit less concerned to a certain extent by virtue of 19 now realize they can't make them work and they're looking 20 the fact that the PD in Denton really is kind of a dying 20 for a solution. And the solution to come back, that it's 21 breed. We don't have that many PDs in town, however, it's 21 a problem. we've got when I'm not so sure it's our problem.. 22 just the nature of the beast that a detailed plan can be 22 The problem. is they want more lots and now 23 amended. That's not to say that the amendment has to be 23 they can't make it work. So they're asking us to fJgll1'e 24 unilateral or only benefit one side of the equation or 24 out how to make it work for them. And it won't work. 25 anything like that. I mean, there could be changes that 25 People will not buy that house. But that doesn't mean it CondenseIt 1M PLANNING AND ZONING MINUTES DECEMBER 14,2005 Page 81 - Page 84 Page 85 Page 87 1 couldn't work. if the lot was 56 foot. This is not going 1 to offset that by some other considerations as well. 2 to work if the lot is 50 foot. So if you take six feet 2 COMMISSIONER ROY: I realize we could do 3 for every nine lots you develop, you use a lot. And you 3 that. We have done that in the past. But rather than 4 take that -- you take that across the whole thing, that's 4 work the problem. for the developer which is kind of what 5 a considerable number of lots of what they have less to 5 that would be doing, I'm not sure we have total consensus 6 develop. And that's the issue as I see it. 6 as to what -- what we would like to have. I would say 7 COMMISSIONER ROY: BUt, sir, the -- 50 7 offer the developer a chance to come back with a different 8 feet, I mean, the lot that I looked at, the couple of 8 proposal based on the comments that we have had here 9 them, I mean, maybe, I don't know what they were. I'm 9 tonight. And if they don't want to do it, fine, then we 10 going to guess they were 50-foot lots. They were very 10 can go ahead and take action. So I propose that we 11 small. I'm not sure visually whether it's 50 or 56 is 11 consider that, Mr. Chairman. 12 going to make much difference. Maybe if you get 60, 65, 12 COMMISSIONER STRANGE: well, we actually 13 it might. You might have some grass area. So I'm not 13 have a motion with no second, which means we really don't 14 sure whether it makes that much difference, whether it's 14 have anything to discuss or vote upon, so I will ask the 15 59.9 or 56 or 50. 15 applicant if they would like to table it and reconsider 16 I wonder if an approach would be to .- 16 their position. 17 after the applicant has heard these discussions, our 17 MR REICH HART: Yes. 18 concerns, and our apparent unwillingness to go with the 18 COMMISSIONER STRANGE: okay. Do we have a 19 approach that they've laid out here, that if they would 19 date certain that we can reschedule this? 20 like to reconsider and bring us back something that's 20 MS. CARPENTER: pardon me, Mr. Chairman. 21 closer to the PD but resolves, you know, the 50-foot 21 January 11th; is that the right date is the first meeting 22 problem., I would be willing to spend my time to review it 22 in January, then it would be the 25th. 23 further, if they are. 23 COMMISSIONER STRANGE: January 25th. Is 24 LEGAL: I just thought maybe I should bring 24 that satisfactory to you? 25 up one additional point here that we had a discussion 25 MR MURPHY: The sooner the better. Page 86 Page 88 1 earlier about the scope of the notice and the zoning 1 COMMISSIONER STRANGE: The sooner the 2 request and whether it was detailed enough or sufficiently 2 better. That's the "soonerist" it's going to get. 3 broad to cover the second proposal. One other thought 3 MS. CARPENTER: IS the 11th the correct 4 came to my mind is that it may be - that it's broad 4 date? The first meeting in January, but I'm pretty sure 5 enough that I don't think that the Commission has to 5 it's the 11th. The fIrst meeting in January. 6 constrain itself to the proposals that are advanced by the 6 COMMISSIONER STRANGE: Are we going to do 7 applicant that once the application for rezoning is 7 it January the 11 th or January 25th? 8 brought forward that there may be other issues that are 8 MS. CARPENTER: The 11th, what she's 9 fair game as well as far as recommendations are concerned. 9 clarifying is that it might not be the 11th, so if you 10 If the number of 50-foot lots is part of 10 make the motion the fITSt meeting in January then we cover 11 what the Commission perceives to be a problem, perhaps one 11 it. 12 of the things to be considered might be an increase in the 12 COMMISSIONERSTRANOE: okay. All right. 13 number of larger lots as part of the PD process that in 13 Then do we have a motion? I guess we'd need a motion. 14 order to mitigate the affect of decreasing the number of 14 COMMISSIONER ROY: Yes. I move that we 15 J -Swing lots or altering the conf.JgUnltion that perhaps 15 table this item to a date certain of the frrst meeting in 16 the recommendation might be offset somewhat by increasing 16 January. 17 the number of 70-foot lots or .- or 60-foot lots and 17 COMMISSIONER STRANOE: 00 we have a second? 18 decreasing corrclative the number of 50-foot lots. 18 COMMISSIONER THIBODEAUX: second. 19 It's just food for thought. There may be 19 COMMISSIONER STRANGE: We have a motion by 20 other things that may be addressed as well. I know the 20 Mr. Roy, a second by Dr. Thibodeaux. Please, vote. And 21 homeowner said something about a minimum lot size. I 21 that motion passes 7.{). 22 don't know, you know, where that's going with it Maybe 22 Next item is Item G, which is amendment to 23 some of these other issues might help mitigate or offset 23 the Development Code relating to in-fill development 24 some of these other impacts, and insofar as the - as the 24 regulations. Ms. Carpenter. 25 request for zoning is somewhat broad, it may be possible 25 MS. CARPENTER: Mr. Chairman, this item is CondenseItIM PLANNING AND ZONING MINUTES DECEMBER. 14,2005 Page 85 - Page 88 Page 65 Page 67 I COMMISSIONER HOLT: No. I'd like to have 1 somehow this gets out quickly to the people who are buying 2 the J-Swing option left in there, they could build. 2 and maybe some of those houses that are under construction 3 COMMISSIONER STRANGE: They can, but they 3 right now because I think once people see this, it's going 4 don't have to. 4 to catch on and I'd like to see it - maybe we've got some 5 COMMISSIONER ROY: so you're agreeing with 5 ideas for our Code changes some day. Thank you. 6 item 1, then that all front-facing garages -- a1llots may 6 COMMISSlONER STRANGE: okay. So we have a 7 have front-facing garages. 7 motion by Mrs. Holt and a second by Mr. Watkins and it is 8 COMMISSIONER HOLT: Yes. 8 agreed that staff and legal will continue to wordsmith 9 COMMISSIONER ROY: I offer as a friendly 9 before it goes to Council Any other discussion? If not, ID amendment as well the wording of Item 1 on Page 2 -- 10 are we ready to vote? All in favor of the motion or 11 excuse me, Page 3 of their letter of Januaty the 2nd. II against the motion, please vote. The motion passes 7-0. 12 COMMISSIONER STRANGE: JUst to be clear, 12 MR REICH HART: Thank you for your 13 why don't we read that into the record as well, Mrs. Holt. 13 patience. 14 COMMISSIONER HOLT: A1llots may have 14 COMMISSIONER STRANGE: our next public IS front-facing garages, front facing attached or detached 15 hearing is Item 5B, which is an Alternative Development 16 garages cannot extend in front of the house, however, 16 Plan for proposed retail and office development on 17 attached garages that do not face the street, typiCally 17 approximately 25 acres located on the northwest corner of 18 referred to as J-Swings, may extend in front of the 18 University Drive and Old North Road intersection. The 19 houses. 19 property is located in a neighborhood residential mixed 20 COMMISSIONER STRANGE: okay. Do you take 20 use zoning district and commercial mixed use general 21 those friendly amendments to your second. 21 zoning district. 22 COMMISSIONER WATKINS: I take those. 22 The purpose of the Alternative Development 23 COMMISSIONER STRANGE: Okay. So we have an 23 Plan is to deviate from the requirements of Subchapter 13 24 amended motion and now an amended second 24 of the Development Code and this item has been remanded 25 COMMISSIONER ROY: And just one 25 from the City Council Ms. Chew1e. Page 66 Page 68 1 clarification, my understanding is is that what we're 1 MS. CHEWLE: This item was presented to 2 expa:ting, what we're understanding is there may be some 2 Planning and Zoning Commission on November 9th, 2005. 3 review of this language, perhaps, by legal or staff before 3 Staff had recommended denial, but Planning and Zoning 4 it gets to Council if it can be improved; is that correct? 4 Commission made the reconnnendation to City Council to 5 LEGAL: Yes. Typically what happens is 5 approve this - the parking - the two rows of parking in 6 that Planning staff will rough out an ordinance and I will 6 front of the building with some conditions that there 7 review it and sign off of it, approval as to legal 7 would be a three-foot high berm, there would be a 8 sufficiency. It hasn't been mentioned in the motion, I 8 three-foot high hedge and that there would be a 12.5 feet 9 know that at one time that it was mentioned, the issue of 9 landscaped area in addition to the required ten feet. 10 what it means to have simulated wood panels or simulated 10 When this case was presented to the Council 11 wood trim. and I know at one point the applicant said 11 the Council's discussion centered around the apparent and 12 something about attaching some photographs to use as 12 completeness of the ADP and the Council's desire to 13 exemplars of that and I don't know whether the Commission 13 consider an ADP that addressed all of the site design 14 intends to include that in the motion as well or not. 14 issues. The applicant came back and submitted the -- 15 COMMISSIONER HOLT: I would like to, 15 submitted -- well, it's not a new site plan. This is 16 uh-huh. 16 really the site plan that the applicant submitted at fIrst 17 COMMISSIONER WATKINS: second. 17 whenever they made the application. 18 COMMISSIONER ROY: And I would just like to 18 The applicant at that time only wished to 19 comment then, I'm going to support this motion. I think 19 ask for parking in front of .. between the building and 20 that the idea for the columns just looking at them, if you 20 the street, there was other incomplete information on the 21 drive through the subdivision, the columns help a lot and 21 site plan, and, therefore, staff suggested that all of 22 these doors, these wood doors or simulated wood panels are 22 that be removed from the site plan just so it doesn't get 23 going to make a - can make a major improvement in the 23 approved the way it was on the site plan because the 24 subdivision and could make it one of the nicer looking 24 parking is in access. The staff could not calculate the ,25 subdivisions of homes in this price range. So I hope that 25 parking because the uses were not determined, so we had Condenselt 1M PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 65 - Page 68 Condenselt 1M Page 69 Page 71 1 all the -- we relayed all these comments to the applicant. 1 will not support it. and the applicant insisted that - 2 but the applicant said that their only issue was parking 2 his request is only parking in front of the street. And 3 in front of the street so we did not approve a site plan 3 if he puts a note on there, would that be satisfactory and 4 showing trees on it which really could be below our 4 staff really was not in a position to -- we told them that 5 current Code, so really that is the reason, whenever you 5 probably the note would not be enough, but Council wants 6 saw frrst this is the site plan you saw, because staff 6 to see a complete site plan, so we will let you bring what 7 wanted to be sure that we were not in a position where we 7 you want to bring to Council. 8 approved something that was -- that did not moot our new 8 COMMISSIONER ROY: what is the impact of 9 Code. 9 our denying this in terms of -- 10 When it went to Council Council - Council 10 COMMISSIONER STRANGE: staff. 11 wanted to see a site plan which was complete. This is 11 MS. CARPENfER: This follows the zoning 12 what -- they said that the - that they did not want to 12 amendment procedure so let me look at exactly what it 13 set a precedent of partialated P's. The Council also 13 says. Go ahead, Supriya. 14 wanted Planning and Zoning Commission to know that they 14 MS. CHEWLE: If you deny it today, when it 15 are in support of the development and the decision you 15 goes to Council it has to be passed by a super majority. 16 made in the November 11, 2005 -I'm probably -- the date 16 COMMISSIONER ROY: But what would be going 17 I'm not sure, but it was November 9th or 11 th, 2005, but 17 to Council if we approve this -- this is the same that we 18 they want to see a complete site plan. 18 sent them already and they sent it back to us. 19 The applicant has submitted a site plan 19 MS. CARPENTER: EXactly. 20 which shows 21 lots with approximately 950 parking spaces 20 COMMISSIONER STRANGE: well, I thought the 21 which exceeds the maximum number of parking spaces. 21 only thing that we approved before - the -- my 22 The plan shows lot sharing parking spaces. A mutual 22 recollection was that the ADP we approved before related 23 agreement will be required. With this, I would like to 23 only to parking in front of the building. 24 say that staff still supports the parking in front of the 24 MS. CHEWLE: That's correct. But according 25 building -- between the building and the street, but if 25 to Council in the past whenever there was an ADP, the ADP Page 70 Page 72 1 this is the site plan that will be approved, staff is not I showed a complete picture of how the development was going 2 in support of this -- support of this site plan being 2 to look. 3 approved the way it has been presented. Staff suggests 3 COMMISSIONER STRANGE: why weren't we 4 that if this -- this -- if you look at the site plan, the 4 presented with that when we made our decision last time? 5 site plan has notes on it that says that it is only for 5 MS. CHEWLE: EXCUse me. I'm sorry. 6 parking in front of the -- parking in front and it's not 6 COMMISSIONER STRANGE: why were we not 7 for parking spaces. The tenants will come back and apply 7 presented that when we made our decision? We were only 8 for other ADP'S which -- which pertain to parking spaces 8 presented the one item. If there were more items to be 9 and trees and all of that other -- all of the other ADP'S 9 considered, why were we not presented that at the time? 10 at a later date. So if we go ahead and approve this we 10 MS. CHEWLE: l' n let Kelly answer that. 11 are kind of in conflict of what the notes are, so -- and 11 MS. CARPENTER: I'd like to answer that. 12 that is why staff cannot support approval of these 12 COMMISSIONER STRANGE: okay. The ADP 13 additional items and if this is the site plan that's going 13 description in Chapter 13 of the Code does not include the 14 to be considered, staff is in opposition. If you have any 14 language that says there must be a site plan. It doesn't 15 questions, I'll take them. IS say it must be a whole site plan. It doesn't even really 16 COMMISSIONER STRANGE: Thank: you. Mr. Roy. 16 intimate that a whole -- that a site plan has to be there, 17 COMMISSIONER ROY: Did you explain to the 17 but it's been treated in the past -- applicants have 18 applicant what was going to happen? 18 submitted site plans, but it doesn't tell you it must be a 19 MS. CHEWLE: Yes, the applicant has always 19 site plan or it must be a whole site plan. And so we -- I 20 been kept informed about how the staff felt about this 20 guess, went out on a policy limb when working with this 21 development and what was required. We had told the 21 applicant and said only submit part -- the part of the 22 applicant -- we had a very long conversation with the 22 site plan that is approvable because the rest of it 23 applicant telling them -- telling the applicant that staff 23 doesn't moot any1hing that's in the Code, and he doesn't 24 cannot support all of these other things, and if this is 24 want to ask for waivers from those, so that's why you only 25 the site plan that's going to be presented, then staff 25 saw a partial one, hut when it got to Council, Council PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 69 - Page 72 Conden.seIt TM Page 73 Page 75 1 felt very strongly that not only was a site plan required, 1 their preference was to see a whole site plan. So there 2 but the whole site plan was required, so what applicant 2 is a whole site plan but the notes -- 3 has done is supplied you with the whole site plan and then 3 LEGAL: l'11 have to admit, I'm confused as 4 by note taken everything off the site plan except the 4 well because - I am so sorry. It does appear to me that 5 parking in front of the building, the landscaping and the 5 -- that this note indicates the intention that it be 6 three-foot berm. All right. So the picture's there, 6 limited to the issue of the parking alone. And insofar as 7 okay, but by note everything else has come back off, and 7 I was not involved in the Council discussion, I honestly 8 it's still a site plan for two rows of parking in front of 8 don't know what was intended by the whole site plan, but 9 the building with the landscaping and the berm. 9 it does appear to me that with the presence of this note, 10 COMMISSIONER STRANGE: BUt the Code -- the 10 that it's limited to the issue of the parking alone. 11 Code itself it does not require -- what you're saying is 11 COMMISSIONER STRANGE: Mr. Watkins. 12 the Code itself does not require that. 12 COMMISSIONER WATKINS: Thank you, Mr. 13 MS. CARPENTER: Does not require a whole I3 Chairman, if I recall correctly, this site plan was like 14 site plan? 14 the church across the street. Council said they would 15 COMMISSIONER STRANGE: vh-hub. 15 like to see what it looked like set down in its place. We 16 MS. CARPENTER: I don't think it says that 16 had the parking in front, and I thought we were on the 17 but I believe that the Council's clear intention was that 17 right track. But it doesn't look like the developer wants 18 a whole site plan be provided. That's why they remanded 18 to work with us if they come back with the whole picture 19 it back here so that you would consider a whole site plan 19 and then start putting notes taking things off. I 20 and what got in front of the Council was a whole site 20 personally have a problem sending that back to the Council 21 plan. 21 because I don't think they want it. I don't think we 22 COMMISSIONER SlRANGE: well, I guess I have 22 really want it either even though I would love to have the 23 a little bit of a problem with that if -- if it's not 23 development. Thank you. sir. 24 required by the Code. 24 COMMISSIONER STRANGE: Thank you. Any 25 MS. CARPENTER: I'm looking for the 25 other questions of staff? Page 74 Page 76 1 requirements in -- I MS. aIEWLE: can I say something? The 2 COMMISSIONER ROY: while you're doing that, 2 problem with this development is the applicant is not sure 3 could legal comment on the note issue. Doesn't the note 3 about the buyers. They're not sure about the lot sizes. 4 meet the requirement? 4 They're not sure about how many lots -- maybe there won't 5 LEGAL: To tell you the truth, I don't 5 be 2] lots. Maybe there will be less. And the problem 6 know. I can't read the notes on this and I don't think 6 with approving - I mean, we could ask the applicant to 7 that I've got a legible copy of it. 7 work with us and come up with the exact number of parking 8 MS. CARPENTER: Mr. Chairman, the 8 spaces, give us all of that, but in the future if 9 requirements for Alternative Development Plan at 3513.5 9 something changes, the applicant will have to keep coming 10 sayan applicant may propose an Alternative Development 10 back to make amendments to that ADP if their plan changes 11 Plan which meets or exceeds the design objectives of this 11 in the future and that is the reason why we were trying to 12 Subchapter but does not meet the standards of the ]2 accommodate the applicant in the first place to do -- just 13 Subchapter. The Alternative Development PIan provides the 13 do the parking in front of the building, but the Council 14 option to address the design criteria through a flexible 14 has guided us in a different direction and that's why you ]5 discretionary process reviewed by the Council utilizing 15 - secondly, I think the Council wanted to see the whole ]6 the zoning amendment process procedures. And then it 16 site plan back, but I think they wanted to give you guys a 17 gives the criteria for approval, that it preserves 17 chance to review it once before it goes to them, so you 18 existing neighborhoods, assures quality development that 18 have, say, in what happens with this. 19 fits in with the character of Denton, focuses new ]9 COMMISSIONER STRANGE: well, let me ask a 20 development activity to activity centers to curb strip 20 question just along those lines. I thought what we were 21 development and sprawl and ensure that infrastructure is 2] doing was, if you will, a pre-planning process which was 22 compatible, is capable of serving the development. And I 22 to allow the developer to know that as he went forward, he 23 don't think there's a definition of an Alternative 23 could have parking in front of the buildings with the 24 Development Plan. 24 criteria that we set out with the berms and the 25 So -- but the Council made it clear that 25 landscaping. Before he can go forward with any PLANNING AND ZONING MINUTES JANUARY 11~ 2006 Page 73 - Page 76 Page 77 Page 79 1 development, he still bas to come back in with a plan. 1 Council wants. I mean, obviously, it would be great if 2 MS. CHEWLE: Yes, that's correct. 2 this thing could be gone from a conceptual plan to some 3 COMMISSIONER STRANGE: so I mean, the 3 site plan right now, but I think that's asking too much of 4 Council still has the opportunity to see it - this just 4 a development this big. I don't see anything for us to do 5 assisted them in their planning effort. 5 but to tzy to move the development along and I thought we 6 MS. amwLE: I think one of the Council 6 did that when we gave them this fIrst s1ep. And I don't 7 member's concerns was that they did not want to see 7 know what to do with that. Is there applicant here to 8 piecemeal ADP's in the future and they did not want to set 8 talk tonight? 9 a precedent for those kind of ADP'S. 9 MS. CHEWLE.: Yes. 10 COMMISSIONER STRANGE: . well, how is this a 10 COMMISSIONER ROY: okay. 11 piecemeal ADP u the only thing we approved is parking in 11 COMMISSIONER STRANGE.: staff you had one 12 front of the building. 12 comment. 13 MS. CHEWLE: well, because in the future 13 MS. CARPEN1'ER:. pardon me, Mr. Chairman. I 14 the applicant could come back and say now I want ADP from 14 just wanted to say that, I mean, the Planning Commission 15 the parking. Now, I want ADP from the tree regulations so 15 could find that the site plan is complete because the 16 that's what I think the Council member meant by 16 entire drawing is there of the entire site. So you could 17 piecemeaIing it. 17 find that a complete drawing is there and you could also 18 COMMISSIONER STRANGE.: well, I think I 18 frod that with the notes going forward, it still meets the 19 could agree to that. I would assume that if we've made - 19 intention of what YOIrr last decision was that you were 20 that if we've made our decision that this is going to 20 supporting the two rows of parking in front of the 21 cover the items that we have at this time, but, again, as 21 building, the landscaping and the little berm and not take 22 you go forward in the planning, there could be other 22 a position contrary to what you did last time. 23 things. I don't know -- you need to have some criteria to 23 COMMISSIONER STRANGE.: Any other questions 24 start with. Either that or you have to wait until he gets 24 of staff! Okay. We'll close the public hearing and is 25 the whole thing developed before he'll even know what he 25 the applicant here and do they wish to speak. Page 78 Page 80 1 can do. You need it have some guideline to know the 1 MR. SCHATINER: I don't wish to speak, but 2 direction that you're starting I guess is all I'm saying, 2 I'll be more than happy to answer questions. 3 and that's what we gave them. 3 COMMISSIONER STRANGE: Anyone have any 4 MS. CHEWLE: That's correct and we 4 questions of the applicant? Mrs. Holt. 5 completely agree with you. We did exactly what we at this 5 COMMISSIONER HOLT: Yes. Is this the 6 position at this time with the provided information could 6 closest thing to a site plan that you have? 7 do, but since we were guided in a different directiou, 7 MR. SCHATrNER: That's correct. 8 we're back here trying to work something out. 8 COMMISSIONER HOLT: Okay. How many of 9 COMMISSIONER STRANGE: okay. Mr. Roy. 9 these places are -- do you have occupants for? 10 COMMISSIONER ROY: n seems clear to me 10 MR. SCHA TINER: FOW' of those. One of them 11 that this is a very large site, lots of buildings and I'm 11 is currently waiting on a franchisee. 12 sure that the developer has -- hasn't sold more than two 12 COMMISSIONER HOLT: So this is what you 13 or three of these things. I don't know how many he's 13 hope to build at some point, build this out at some point, 14 sold, but I can just see there's different companies 14 you're not going to go ahead and build this and wait? 15 involved and it's a conceptual plan is what it says on the 15 MR. SCHATrNER: There's no way that 16 drawing and this is the concept of what this thing is 16 anybody can get a loan to do that. 17 going to look like, but it -- I would guess it's years 17 COMMISSIONER HOLT: Thank you. 18 before it fills up. And as our chairman said. I thought 18 COMMISSIONER ROY: Excuse me. Go ahead. 19 we were starting off with a first s1ep here, something 19 COMMISSIONER STRANGE: Dr. Thibodeaux. 20 that would allow him to go out to retail establishments 20 COMMISSIONER TIllBODEAUX: I'd like to hear 21 and say, yes, I can get parking in front. Here's what I 21 your thoughts on the opinions that were expressed, were 22 have to do and there's probably going to be lots of other 22 they accurate in terms of not being being able to do more 23 things that we have to address on this site this big with 23 with this at this stage because it really had not been 24 as many different companies and types of establishments. 24 sold or leased or whatever? 25 So I am a little bit confused as to what 25 MR. SCHATINER: That'S an. accurate CondenseIt 1M PLANNING AND ZONING MINUTES JANUARY 11~ 2006 Page 77 - Page 80 Page 81 Page 83 1 statement. We don't have any ambitions at this point to 1 some idea - this document that's before you this 2 even guesstimate how many lots. What we're trying to do 2 presentation for the site plan, I believe is more 3 is convey as closely as possible based on our experience 3 supplemental than anything else. 4 of the other three billion dollars' worth of developments 4 COMMISSIONER ROY: And do you need - I 5 we've done as to what we think: will most likely happen. 5 mean, you were - obviously were in here asking for 6 This is a multi .year plan. And SO what we're trying to 6 parking in front of the building. I mean, is this 7 convey is information as closely as possible so that you 7 something that you need resolved before you can go further 8 the P & Z and the City Council can make accurate 8 or what's with - where do you stand in this plan? 9 decisions. 9 MR. SCHATTNER: Right now -- retail does 10 COMMISSIONER TIllBODEAUX: Thank you. 10 not work. and we have indicated this to everyone that we've 11 COMMISSIONER STRANGE: Any other questions 11 been working with in staff to the p & Z Board and to 12 of the applicant? 12 Council, retail does not work. without two rows of parking 13 COMMISSIONER ROY: well, I'd like to ask 13 in the front. The underwriters who look and evaluate 14 the applicant if he knows what City Council is looking 14 retail, they want to see sufficient accessibility to each 15 for. I haven't understood it myself. What did you think: 15 individual retail use. It may work for a Sonic where they 16 they were asking you to do. 16 only have one row of parking in the front. It does not 17 MR. SCRA TINER: The original concept that 17 work for multi-tenant retail. 18 we submitted was what you see in front of you with the 18 In addition to that, the other retailers 19 exception of the notes that we were going to provide a 19 who we are currently working with and have contracts for, 20 berm and the landscape hedge, I believe, that was on the 20 they want to see two rows of parking in the front. If 21 front that we discussed last time that we were present. 21 this is not resolved, they will not buy the site. And 22 We've added those notes on this plan. That's the only 22 that's what we're trying to do. We're trying to take care 23 change that we've made from that last meeting where we 23 of all of the entitlement work up front so that we can 24 presented this concept plan until today. We originally 24 create liquidity in this asset. 25 wanted to present the Concept Plan that you see before 25 COMMISSIONER ROY: okay. Do you think this Page 82 Page 84 1 you. The infonnation we received from staff indicated I was conveyed effectively to Council? 2 according to the ordinance, the way that the ADP is 2 MR. SCHATTNER: Absolutely. 3 written, that they only show we, as the developer only 3 COMMISSIONER ROY: Thank you. 4 show the rows of parking in the front. We do not show the 4 COMMISSIONER STRANGE: Mrs. Holt. 5 other issues pertaining to who knows what. Again, I don't 5 COMMISSIONER HOLT: Yes. Looking at this 6 want to guesstimate because we're selling sites to 6 site plan, so you are requesting, I'm looking at the 7 ultimate end users who will come in and design a facility, 7 center in front of Lot 6. It says retail and restaurant. S a building, an enterprise according to the covenants, 8 Those two lines of parking right in front -. is that what 9 conditions, and restrictions that we've set in place for 9 you're considering two rows of parking? 10 this development. 10 MR. SCHATTNER: Yes. 11 So I believe the concern from City Council 11 COMMISSIONER HOLT: okay. And then so down 12 was what is going .. what is this going to look like? 12 here, down to the left where it says two little 13 What is the -- the overall design intent? And so I think 13 restaurants and then something on the end, they're not two 14 the disconnect here is the infonnation which needs to be 14 rows down there? So it's just in front of this retail 15 conveyed to the City by the developer and what information 15 here and down toward Old North Road. That's a requirement 16 needs to be present if it is only pertaining to the 16 or I shouldn't say requirement but just a prototypical 17 parking in the front of the building. There needs to be a 17 desJgn by those users. It has nothing to do in terms of 18 note and that is specifically what we've indicated in our 18 our request, but the two sites that are in the end are two 19 presentation is that we do not want to even begin to 19 of the sites. Actually, one of them's already been 20 discuss estimate, guesstimate as to the other issues that 20 negotiated for Sonic. The pad site next to that is also a 21 may or may not be present relative to each individual 21 restaurant use, we're waiting for the franchisee for. 22 users. That's not our intent. Our intent is not to 22 But the site has already been approved and 23 exceed parking. It's not to deal with landscape issues on 23 that is a prototypical design. I believe that's the site 24 the interior, building materials, et cetera. 24 I think that we --that you're looking on the far west 25 So I think what Council was looking for is 25 side of the site. So we're waiting on the franchisee for CondenseIt 1M PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 81 - Page 84 CondenseIt 1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 85 that site next door to that. And again, those are just 1 prototypical. It has nothing to do with -- in terms of 2 our request. 3 COMMISSIONER HOLT: Thank yon. 4 COMMISSIONER STRANGE: Any other questions 5 of the applicant? Okay. Thank. you very much. 6 MR. SCHATTNER: Thank you. 7 COMMISSIONER STRANGE: Mr. Roy. 8 COMMISSIONER ROY: I would go back to legal 9 now and if we were to approve this partial ADP because the 10 Concept Plan includes a note which ClarifIeS the intent of 11 it to be very limited. Does the note stand up and say 12 that the rest of this -- not approving the rest of the 13 site plan. We're only approving the issue before us 14 tonight? 15 LEGAL: I don't think that you would want 16 to couch it in terms of approving a partial ADP. The Code 17 -- the Code, Denton Development Code doesn't speak in 18 terms of a partial ADP. It's the ADP stands or falls on 19 its own merits, however, if I'm understanding your 20 question correctly, I do think this note effectively limit 21 the applicability of this exhibit to the issue of the 22 parking. So if this Commission were to make a 23 recommendation for approval of the ADP to Council, the net 24 effect would be that you're recommending that the ADP be 25 Page 86 granted on the basis of the parking if that answers your 1 question. 2 COMMISSIONER ROY: It does, thank you. 3 COMMISSIONER STRANGE: Mr. Watkins. 4 COMMISSIONER WATKINS: Thank you, Mr. 5 Chairman. Would it be possible to continue this? It 6 would appear that we're between a rock and a hard place. 7 The Council sent it back. I certainly like the 8 development. I wouldn't want to cost them more money. Is 9 there some way that perhaps we could continue it? 10 COMMISSIONER STRANGE: My own opinion, of 11 course, I'll refer to legal, but I don't know what we 12 would gain by continuing it. It appears to me that we are 13 where we are because in the Development Code which was 14 historically here before the Code was passed obviously, 15 the requirement that you can't have parking in the front. 16 So if it weren't for that one thing in the Code, this 17 applicant would be like predecessors here many, many 18 times, they wouldn't have to worry about this. TIley would 19 have that as a known, and then they would come forward 20 with their plan as they're ready to go forward. 21 It appears to me what he's tried to do is 22 clarifY on this site that he is going to be able to have 23 an ADP to the Code as it relates to parking in front of 24 the building. And he has to have that before he can 25 Page 87 effectively go forward and mark in his tract. So I don't see anything wrong with what we've done. COMMISSIONER WATKINS: I think the Council gave him -- did they not indicate that they were not against parking in front of the building? MR. SCHATTNER: That is correct. COMMISSIONER WATKINS: They did not approve it, but they did not tell him or indicate to him or his company that they he could not have the parking in front. TIley just wanted a complete ADP. COMMISSIONER STRANGE: well, we have a complete ADP as it relates to parking in front of the building. And so in my opinion we have met the criteria of the Code. It doesn't say there's a site plan. We're simply giving this applicant the opportunity to move forward with his plan and to move forward with his development based on the ADP that he submitted. which is relating to parking and this landscaping in the front. So Mr. Roy. COMMISSIONER ROY: well, I think that we don't want to get into a situation where we approve something, send it up there., they can send it back. We approve it again. They send it back. I don't think it's good for the applicant for the development for this kind of ~tivity going on and along the lines of Commissioner Page 88 Watkins, I wonder if we can somehow maybe have a - continue this -- we have a separate meeting, maybe a conple of Commissioners with staff or something and try to understand what Council is saying. We could act on it tonight, but if we - if we approve it and send it up there and they deny it, the loss of time is even more. If we continue it to our next meeting, say, then the loss of time likely is only a couple of weeks. But just somehow there's a communications problem. COMMISSIONER STRANGE: Let's just ask staff. Let's just ask staff. What do you think two weeks would buy us? MS. CARPENTER: I don't think it buys us anything. I think that - staff is very carefully looking at ADP'S right now. And I think that staff will in the near future propose to the Planning Commission and the Council that a complete ADP includes the site plan, but it also includes the list of things from which the applicant chooses or proposes to deviate and how they're going to mitigate from those deviations. And that goes on the site plan document, and I think that you can get to the point where you can fmd that this document does that. I think what the Council really wanted to see was the whole picture and even though the notes negate the whole picture, that's what they wanted to see and they PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 85 - Page 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseIt 1M Page 89 Page 91 I made it clear that it was -- that they supported the two 1 caqories would be required on a project by project basis 2 rows in front of the building and so did the staff and so 2 to establish what the space requirements for storage would 3 did the Planning Commission. So I drink maybe, you know, 3 be. And for those developments where the initial occupant 4 it might be better if we couId all sit down with the 4 will generate less waste and recycab1es than industry 5 Council and hash out what we mean by ADP'S, but I don't 5 nonns, the initial development - or development site plan 6 think it's the right thing to do to hold up this guy while 6 must provide adequate space for expansion of enclosures to 7 we have that internal discussion. 7 accommodate additional container storage based on industry 8 COMMISSIONER STRANGE: well, any other 8 standard generation rates. 9 discussion? Do we have a motion? Mr. Roy. 9 Property owners shall design and construct 10 COMMISSIONER ROY; I may n=i some help 10 their enclosures and access to enclosures to meet or 11 from legaI on this wording, but I'm going to recommend 11 comply with the requirements of Chapter 469 of the Texas 12 approval of the requested Alternative Development Plan as 12 Government Code and the Texas Assessability Standards. 13 it relates to parking and landscaping as previously 13 With that, I would take any questions concerning the 14 proposed and agreed to by this Commission. 14 current design criteria and its updates. 15 LEGAL; I think that would work fIne. I 15 COMMISSIONER SlRANGE: Any questions of 16 see no problem with your motion as stated. 16 staff. This is a public hearing so I'll open the public 17 COMMISSIONER SlRANGE: We have a motion. Do 17 hearing. Is there anyone who wishes to speak for or 18 we have a second? 18 against? Mr. Reichhart. You had a card that said you did 19 COMMISSIONER HOLT; second. 19 not wish to speak, which I could not believe. 20 COMMISSIONER SlRANGE: We have a motion by 20 MR. REICHHART: ob, did I mark that? How 21 Mr. Roy and a second by Mrs. Holt. Any discussion? If 21 foolish of me. 22 none, please vote. Motion passes 7-0. 22 COMMISSIONER SlRANOE: That's what I 23 Okay. The next public hearing is going to 23 thought, too, when I saw that. Okay. You can speak. 24 be Item No. 5C, which is an amendment to the Denton 24 MR. REICHHART; And I'm in favor and 25 Development Code for solid waste design standards in 25 opposed to certain portions. I n:ally think the Page 90 Page 92 1 Subchapter 13. Mr. Kemler. 1 regulations are needed. Too often solid waste is the last 2 MR. KEMLER: Good evening. I'm Vance 2 thing considered on a site and it n:ally needs to be 3 Kemler, Director of Solid Waste for the City of Denton. 3 incorporated in the entire site design, however, there are 4 And before you you have an Agenda item that would update 4 a few portions of the regulations that give me some 5 the existing solid waste - or the Solid Waste Amendments 5 heartburn. The new regulations kick in if you rezone a 6 to the Denton County. 6 piece of property. So 1 could have an existing structure 7 As background the Denton Development Code 7 and intend to change the use and maybe have to rezone the 8 requires new construction and certain other projects such 8 property. Automatically now I have to update the trash 9 as redevelopment and major remodeling to locate waste 9 enclosures. 10 storage containers, dumpsters, behind the front building 10 If I replat a piece of property - and my 11 line in order to provide clear general guidance to 11 property is platted, I want to maybe expand in the future 12 developers on the City's requirements from municipal solid 12 and I just combine two pieces of property, no development, 13 waste and recyclables storage enclosures. The City staff 13 no nothing, the regulations kick in. I do agree that they 14 has prepared a draft update to the site criteria manual. 14 should kick in when you're due something, if you're 15 The draft of the amendments to the site 15 ChllTlging something on your structure, if you're expanding 16 design standards were presented to attendees of the 16 or doing something, but at the same time the applicability 17 developer's luncheon on November 9th, 2005 and the revised 17 table -- typically, the way it was written is that the new 18 - and revised based on the input from attendees and 18 expansion had to conform. up to a certain point and when 19 others in the community. 19 you went over 50 percent the entire site needed to 20 The draft document was further revised 20 conform, so, you know, taking a look at those numbers, I 21 following the P & Z Commission Work Session conunents on 21 think would be important, too. Going into - if you had a 22 December 9th of 2005 and an overview of those changes 22 500 square foot office, you have to have one enclosure, 23 include a clarification of the storage space requirements 23 you know, which is about 200 square feet, 10 by 20, 24 to accommodate solid waste storage units. We further 24 something like that, I don't have the fIgures in front of 25 clarified that those projects other than the listed 25 me. But I think. in in-fill areas or there's got to be PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 89 - Page 92 S:\Our Documents\Ordinances\06\Z05-0025.doc ATTACHMENT 10 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2000-321 TO AMEND THE DETAILED PLAN FOR THE PLANNED DEVELOPMENT 174 (PD-174) ZONING DISTRICT AND LAND USE CLASSIFICA nON, THE SUBJECT PROPERTY BEING LOCATED AT THE SOUTHEAST CORNER OF JOHNSON LANE AND JOHN PAINE ROAD WEST OF FORT WORTH DRIVE; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0025) WHEREAS, on June 15, 1999, by Ordinance 99-205, the City Council approved a change in zoning for 396.7 acres ofland to Planned Development 174 (PD-174) zoning district, as more particularly described therein; and WHEREAS, on September 12, 2000, by Ordinance 2000-321 the City Council approved a Detailed Plan for 378.1 acres of land to Planned Development 174 (PD-17 4) zoning district, as more particularly described therein; and WHEREAS, on January 11, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the requested amendment to the detailed p Ian; and WHEREAS, the City Council finds that the amendment to the detail plan is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance 2000-321, providing approval of the Detail Plan containing 378.1 acres within the Concept Plan for Planned development 174 (PD-174) zoning district classification and use designation, is amended by the approval of this amendment to the following condition: No more than 67% ofthe.lots may have houses with attached,frontfacing garages. At least 50% of such attached, front facing garages shall be recessed a minimum of 18 inches from the front of the house. Front facing attached or detached garages cannot extend infront of the house. However, attached garages that do not face the street may extend in front of the house. The amendment is applied only to the Detail Plan for approximately 310 acres attached hereto as Exhibit "A" and incorporated herein by reference, subject to the following conditions which shall be noted on the Detailed Plan: 1. All lots may have front facing garages. Front facing attached or detached garages cannot extend in front ofthe house. However, attached garages that do not face the street (typically referred to as J -swings) may extend in front of the house. 2. All front facing garages shall at least contain one of the following features, but no single feature can be used on more than 50% on the lots: a. Recessed 18", b. Have architectural control of single car doors separated by a masonry column, and/or c. Garage doors shall be constructed with wood or simulated wood panels with wood or simulated wood trim (Carriage Style Garage Doors, refer to attached Exhibit B). 3. Windows shall be provided with trim, including but not limited to brick bands, shutters and/or stone options. 4. Each front and side yard will be fully sodded and each front yard shall be landscaped with a minimum of 20 one-gallon shrubs and 2 three-inch trees prior to the original conveyance of any house. 5. The minimum square footage of houses shall be: · 1,400 sq. ft. on lots less than 7,000 sq. ft. (max. 649 lots). · 2,000 sq. ft. on lots 7.000 sq. ft to 8,400 sq. ft. (526 lots) · 2,200 sq. ft. on lots 8,400 sq. ft. and greater (at least 97 lots) SECTION 2. The provisions of this ordinance, as they apply to the amendments herein approved, shall govern and control over any conflicting provisions of Ordinance 2000-321, but all the provisions of Ordinance 2000-321 as they apply to the regulations of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 3. A copy of this ordinance shall be attached to Ordinance 2000-321 showingthe amendment herein approved. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision ofthis ordinance is violated shall constitute a separate and distinct offense. Page 2 of3 SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNXDE:lt;ClTV A TTO _" . u.~",>... ~~~~+" Page 3 of3 AGENDA INFORMATION SHEET AGENDA DATE: February 7,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Tom Shaw 349-7133 ACM: Jon Fortune Ii SUBJECT Consider adoption of an Ordinance accepting competItIve bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the North Central Texas Council of Governments under Section 271.102 of the Local Government Code, for operational improvements at signalized intersections; providing for the expenditure of funds therefor; and providing an effective date (File 3452-Interlocal Agreement for Low Cost Signal Improvement Program/Thoroughfare Assessment with the North Central Texas Council of Governments in the amount of $162,000). FILE INFORMATION This Interlocal Agreement is intended to allow the City of Denton to participate in the Low Cost Signal Improvement Program/Thoroughfare Assessment Program Phase 3.2 through the North Central Texas Council of Governments (NCTCOG). The program participation will affect the timing of approximately 30 off-system State roadway locations and approximately 26 on-system State roadway locations (Attachment 1). The total cost for this project is $302,000. The City will fund the 30 off-system locations in the amount of $162,000. Funding for the additional 26 on-system locations will be provided by NCTCOG and the Texas Department of Transportation. RECOMMENDA TION Approval of an Interlocal Agreement with the North Central Texas Council of Governments in the amount of $162,000. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Mobility Committee received a staff report on this item at its December 16, 2005 meeting. 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C\l c <2 I~ -g .c I'll Ig :S2 e '8 UJ e Q) ~ ~ I~ "8 Ig U,l c c :.c g "0 <f) 9 8 "E ~ .... I~ ell "0 Qi c Qi ~ ell oj!! .!;; (I;l 0 <C s: Cl) :z 0 ::a :J s: ~ ~ III :E :z -c .s;:; s: ~ D !II a: .....I <( al al () W a.. <( () Ql E III Z >- ~ .c .21 J: I U) .... 0 "ar :li: 1Il E III Z ii; Iii; ~ Iii; Iii; ij; IS; ~ c c t: (I;l 0 .... c: c: c c c c C III (I;l III lD III (I) Cl) c c c c C C c E E E ~ .{j 0 ,9: 9 "9 s:: S2 S2 s:: s:: 52 52 .... .... .... c CD CD CD (I;l I.~ III (I;l (I;l (;I (;I (;I (;I (;I o. 0 .c ..c ..c Cii Qi Iii Iii Qi Qi lii .c h UJ III UJ ::a :::2: :z ::iE. ::iE ::iE :::2: (f) (f) (f) 0 al !II al [Q al al (f) en ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, FOR OPERATIONAL IMPROVEMENTS AT SIGNALIZED INTERSECTIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3452-INTERLOCAL AGREEMENT FOR LOW COST SIGNAL IMPROVEMENT PROGRAM/THOROUGHF ARE ASSESSMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $162,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to purchase operational improvements at signalized intersections in the amount of $162,000 from the North Central Texas Council of Governments in accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the agreement attached hereto, for the purchase of various goods and services. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3452 INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF DENTON for IMPLEMENTATION OFTHE THOROUGHFARE ASSESSMENT PROGRAM WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials, is the regional transportation policy body associated with NCTCOG and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, it is the goal of the RTC to offer a transportation system that is accessible, integrated, efficient, and provides for a diverse and flexible set of transportation options; and, WHEREAS, on October 9, 2003, the RTC approved funding for implementation of Phase 3 of the Thoroughfare Assessment Program in the Dallas-Fort Worth Metropolitan Area for the implementation of low-cost operational improvements at signalized intersections; and, WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides authority for the North Central Texas Council of Governments, and the City of Denton to enter into this agreement for the provision of governmental functions and services of mutual interest. . NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Parties 1.1 This Interlocal Agreement, hereinafter referred to as the "Agreement", is made and . entered into by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG", and the City of Denton, hereinafter referred to as the "City". NCTCOG and the City may each be referred to as a "Party", and may be collectively referred to as "Parties" to this agreement. 1.2 NCTCOG shall serve as the Contract Manager and Procurement A~ministrator for the Project. . 2. Purpose 2.1 This Agreement defines the terms and conditions for the disbursement of Congestion Mitigation and Air Quality Improvement Program (CMAQ) and Surface Transportation Program-Metropolitan Mobility (STP-MM) funds and associated state and local Interlocal Cooperation Agreement NCTCOG and City of Denton Page 1 matching funds collected by NCTCOG for the implementation of traffic flow improvements. 2.2 Improvements under this Agreement, implemented through the Thoroughfare Assessment Program as authorized by the Regional Transportation Council, shall be employed at signalized intersections in the City of Denton. 2.3 Improvements shall be made to approximately 30 off-system locations and approximately 26 on-system locations under this Agreement. 3. Duties 3.1 NCTCOG shall be responsible for project monitoring; Geographical Information Systems (GIS) database integration; air quality benefit calculations and documentation. 3.2 NCTCOG's engineering consultant(s) will provide signal-timing improvements at the intersection locations identified in Attachment A. 3.3 The consultant(s) will be responsible for the following: field data collection; development, implementation, and fine-tuning of new coordinated signal timing plans; verification of work implemented at each location; and any and all required documentation of "Before" and "After" conditions. 3.4 The City wilt work with NCTCOG's engineering consultant(s) to identify relevant signal timing elements/requirements at and related to the project intersections; review the developed new signal timing plans; approve all timing plans prior to implementation; and 'assist with fine tuning. 4. Funding 4.1 The total project cost estimate for this Agreement is $302,400. 4.2 Attachment A includes a project cost estimate summary. 4.3 CMAQ and/or STP-MM programs will fund 80 percent of the project cost for on- systems locations. 4.4 Under a separate agreement between the Texas Department of Transportation (TxDOT) and NCTCOG, TxDOT will provide the 20 percent local match required for the 26 intersections located on the state highway system. 4.5 The City shall provide total funding equivalent to the cost of signal retiming at the otf- system locations. The City shall provide a warrant check payable to the North Central Texas Council of Governments in the amount of $162,000. 4.6 NCTCOG will request reimbursement from TxDOT for 80 percent of the project cost for the off-system locations. Funding provided by the City will pay for the required 20 percent local match. The remaining funding provided by the City will support NCTCOG Air Quality implementation programs. Interlocal Cooperation Agreement NCTCOG and City of Denton Page 2 4.7 The City shall remit additional payments to NCTCOG in the event that the actual cost of implementation of the Thoroughfare Assessment Program is greater than the estimated cost identified in this Agreement. 4.8 Upon completion of the project, any excess funds for off-system locations shall be reimbursed by NCTCOG to the City. 5. Term 5.1 This agreement shall take effect on the date executed by the Parties and shall remain in effect until it is terminated. 5.2 Either Party may terminate this Agreement by giving 30 days written notice to the other Party. The Parties may terminate this Agreement by mutual written concurrence. 5.3 This Agreement shall automatically terminate upon completion of the project. 6. Modification, Waiver and Severability 6.1 This Agreement and any exhibits, which may be attached, constitute the entire agreement among the Parties. No waiver or modification of this Agreement shall be valid unless in writing and signed by both Parties. Failure of the Parties to enforce or insist upon cempliance .....ith any of the terms and conditions of this Agreement shall not constitute a waiver or relinquishment of any such terms and conditions. 6.2 In the event that anyone or more or the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6.3 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. 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"C e Q) ~ ..l<: I~ "8 Ig <Il C C :c: 8 8 "C ~ 9 .~ "E (i) ..... ~ "C C (a "ffi <ll 0 c( :s: (I) eel ~ :s: a; ~ a; ~ <ll 0: .S "C ..E: $: $: 0 OJ a: ::E ...J ::E <( OJ co 0 w :c ::E <( 0 III E m z >- ~ .J:. Cl :E 1 ... .- U) ... 0 "iii' :s CD E m Z lI.l .[; I~ ~ I~ I~ 1[; 1[; ..l<: C C t: ca 0 .... c c c c c C C <<l ca to ell Q) Q) al C C C C C C c E E E ~ I] (J S2 S2 S2 S2 ~ ~ ~ ~ ... ... c 9 1"9 "5 (I) (l) IJ~ to I2i to 0 t.) t.) 0 t.) t.) t.) J: J: .s::. [ij a; a; a; CD a; 16 J: W w, :E ::E ::E ::E ::E ::E ::E (/) (/) (/) 0 m OJ co co co co en en AGENDA INFORMATION SHEET AGENDA DATE: February 7, 2006 DEPARTMENT: Utilities CM: Howard Martin, 349-8232 .. SUBJECT Consider approval of a Resolution authorizing the Mayor to provide a letter of support of the Plug-In Partners National Campaign. BACKGROUND Austin Energy is spearheading a grassroots effort to demonstrate to automakers that a market exists for plug-in electric vehicles. Plug-in hybrid vehicles combine hybrid technology with added battery capacity to achieve a greater all-electric operating range. Plugging into an ordinary home or business outlet will recharge the vehicle. When traveling long distances, vehicles will operate on gasoline or other fuel (i.e. biodiesel). The Plug-In Partners National campaign is currently being promoted throughout the state and has received a letter of support from the Cities of Austin, Fort Worth and Arlington and anticipates support from the City of Dallas. The campaign asks supporters to endorse the concept of plug-in hybrids and pledge to evaluate their use in municipal fleets as they become available to the market. OPTIONS 1. No action 2. Provide letter of support 3. Gather more information RECOMMENDA TIONS Provide letter of support from the Mayor for the campaign. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Presented to the City Council Committee on the Environment January 10,2006. Committee requested a resolution be brought forward to City Council for consideration. EXHIBITS 1. Denton Letter of Support 2. Resolution 3. COE Minutes Respectfully submitted: j(~~ Katherine Barnett Special Projects Coordinator MA YORS LETTER HEAD January 4, 2006 Daryl Slusher Plug-In Partners Campaign Austin Energy 721 Barton Springs Road Austin, TX 78704 Dear Mr. Slusher, The City of Denton firmly established its commitment to alternatively fueled vehicles through our partnership with Biodiesel Industries of Greater Dallas Fort Worth. This partnership resulted in the nation's first biodiesel plant that is powered by landfill generated methane gas. The City of Denton currently uses the biodiesel generated by this plant in over 70 vehicles and pieces of heavy equipment. In addition to our use of biodiesel, the City has integrated 3 hybrid vehicles in our fleet. The City of Denton continually reviews fleet purchases to further the use ofbiodiesel, and alternatively fueled vehicles. When plug-in hybrid vehicles become commercially available, the City of Denton will evaluate their integration into our fleet. The City of Denton is committed to supporting clear air initiatives and looks forward to joining Austin, Fort Worth and other cities nationwide in support of the Plug in Partners campaign. Sincerely, Euline Brock "Dedicated ta Quality Service" www.cityafdentan.cam Exhibit 1 RESOLUTION NO. R2006- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO ISSUE LETTERS EXPRESSING SUPPORT TO THE APPROPRIATE OFFICIALS FOR THE "PLUG-IN PARTNERS NATIONAL CAMPAIGN;" AUTHORIZING THE CITY MANAGER TO EVALUATE THE USE OF PLUG-IN HYBRID VEHICLES WITH RESPECT TO THE CITY FLEET ONCE SUCH VEHICLES BECOME COMMERCIALL Y AVAILABLE; AND EXPRESSING THE CITY'S CONTINUOUS COMMITTMENT TO POSITIVELY INFLUENCING AIR QUALITY THROUGH THE SUPPORT OF LOCAL, STATE AND FEDERAL POLICIES THAT PROMOTE FLEXIBLE PLUG-IN VEHICLES AND OTHER SIMILAR TRANSPORTATION ALTERNATIVES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas wishes to continue its commitment to evaluating the use of alternatively fueled vehicles; and WHEREAS, the transportation sector will ultimately move away from the use of petroleum, which creates an opportunity to transition to more sustainable and less polluting alternatives; and WHEREAS, there is a great opportunity for electrifying the transportation sector through the use of electric vehicles, plug-in hybrid vehicles, and other similar transportation alternatives; and WHEREAS, there may be substantial economic and environmental benefits for the community from the use of these transportation alternatives; and WHEREAS, the technology exists today to build flexible-fuel plug-in hybrid electric automobiles, the use of which could reduce oil imports and positively influence air quality; and WHEREAS, the City of Denton wishes to join the Cities of Austin, Texas; Fort Worth, Texas; and other cities in urging automakers to mass produce plug-in hybrid vehicles for the substantial economical, environmental and strategic reasons outlined above; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the Mayor of the City of Denton, Texas is hereby authorized by the City Council to write letters of support to the appropriate officials in support of the "Plug-in Partners National Campaign;" and the City Secretary is hereby authorized to mail said letters of support to the appropriate officials. Exhibit 2 SECTION 2. That the City Manager is hereby directed to evaluate the use of plug-in hybrid vehicles within the City fleet, when these vehicles become commercially available. SECTION 3. That the City of Denton will continue its commitment to positively influencing air quality through the support of local, state and federal policies that promote flexible-fuel plug-in hybrid vehicles and similar transportation alternatives SECTION 4. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY muAffD By: S:IOur DocumentslResolutionsl06lPlug-In Partners National Campaign-Resolution-2006.doc 1 DRAFT MINUTES 2 CITY COUNCIL COMMITTEE ON THE ENVIRONMENT 3 January 10,2006 4 5 6 After determining that a quorum of the Environment Committee of the City of Denton, Texas 7 was present, the Environment Committee convened into an Open Meeting on Tuesday, January 8 10,2006 at 2:37 p.m. in the City Council Work Session Room, City of Denton City Hall, 215 E. 9 McKinney Street, Denton, Texas. 10 11 PRESENT: Mayor Euline Brock 12 Mayor Pro Tem Perry McNeill 13 Chair Joe Mulroy 14 Council Members Pete Kamp and Jack Thomson 15 16 ABSENT: Council Member Charyle Heggins 17 18 Ex Officio Members: 19 City Manager Howard Martin 20 Jim Coulter, Director of Water /Wastewater Utilities 21 Kenneth Banks, Manager, Division of Environmental Quality 22 Katherine Barnett, Utilities Special Project Coordinator 23 24 Also Present: Janet Simpson, Director of Parks & Recreation 25 26 ITEMS FOR INDIVIDUAL CONSIDERATION: 27 28 1) Receive a report, hold a discussion and give staff direction regarding Plug-in Partners 29 National Campaign. 30 31 Katherine Barnett presented this item. Austin Energy, sponsor of the Plug-in Partners National 32 Campaign, is requesting a letter of support from the City of Denton. 33 34 Mayor Brock requested that the City's letter contain language similar to the second paragraph of 35 the City of Fort Worth's letter. 36 37 Action Item: 38 Barnett will draft a resolution to present to the City Council for a formal endorsement. 39 Exhibit 3 AGENDA INFORMATION SHEET AGENDA DATE: February 7,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Vance Kemler 349-8044 ACM: Jon Fortune II. SUBJECT Consider adoption of an Ordinance approving a job order construction contract through an Interlocal Agreement which the City of Denton, Texas has with Denton County, Texas, with Jamail Construction Company for the design-build construction of a Household Hazardous Waste Building Processing Center at the Denton Landfill; providing for the expenditure of funds therefor; providing an effective date (File 3465; not-to-exceed $572,793). (The Public Utilities Board recommends approval (6-0). FILE INFORMATION For a complete description of this item, please see attached Public Utilities Board Agenda Information Sheet. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its January 23,2006 meeting. RECOMMENDA TION Award to Jamail Construction Company in the not-to-exceed amount of $572,793. PRINCIPAL PLACE OF BUSINESS Jamail Construction Company Grand Prairie, TX ESTIMA TED SCHEDULE OF PROJECT The construction of the facility is scheduled to begin upon approval by the City Council, and is projected to be complete within ninety days from the Council approval date. Agenda Information Sheet February 7,2006 Page 2 FISCAL INFORMATION This item will be funded from the following account numbers: 660511583-$ 25,000 660511584-$ 35,000 660511587-$160,000 660511588-$352,800 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: January 23,2006 PUB Agenda Information Sheet Attachment 2: HHW Site Plan Attachment 3: HHW Facility Building Layout l-AIS-File 3465 Attachment 1 PUB AGENDA ITEM # 9 PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGENDA DATE: January 23,2006 DEPARTMENT: Solid Waste CITY MANAGER: Howard Martin, Utilities 349-8232 .. SUBJECT Consider approval for the design/build of the residential Household Hazardous Waste (HHW) Facility by J amail Construction Company of Grand Prairie, Texas for the construction of a HHW facility at the City's landfill in the amount of $572,793. BACKGROUND During the FY 2006 budgeting process the Public Utilities Board and the City Council approved the implementation of a residential Household Hazardous Waste program, and the construction of a HHW facility to provide the program services. Operational costs for the implementation of the program were budgeted in the Recycling Division budget. Capital costs for construction of the HHW facility are included within the Department's CIP. For city capital projects of this nature, the City of Denton's Facilities Management Department and Purchasing Department have developed a procurement of services package which reduces the cost for the development of the project. The design, cost projections, and general contractor management for this project will be provided by the City's selected service provider for general construction projects of this nature, Jamail Construction Company, Houston, Texas. Solid Waste Department staff has met with the City's design build contractor, Jamail Construction Company, on several occasions. Staff has discussed the HHW facility project utilizing the design/build process. Jamail Construction has prepared a preliminary design, and has submitted the design, management, and the estimated construction costs for the HHW facility, through construction completion, i.e. to provide a 'turn-key' job. Staff has had follow-up meetings with Jamail Construction personnel to further define the needs of the facility, discuss construction requirements, and to continue discussion of the preliminary cost estimates. A projected 'turn-key' design and construction cost control budget of $572,793 has been established for the project. Approximately $260,000 of the project cost is a combination of site work, concrete parking and drive area, asphalt road access to the building, and landscaping. OPTIONS The Public Utilities Board may approve or disapprove the design/build project for the construction of the City's residential HHW facility, located at the City's landfill, by Jamail Construction Company. RECOMMENDA TION The Solid Waste staff recommends approval of the design/build process for the construction of the HHW facility by Jamail Construction Company. Attachment 1 PUB AIS for HHW January 23,2006 Page 2 of2 PRIOR REVIEW The PUB discussed this project during the FY 2006 budget process. At their meeting of January 9,2006, the PUB recommended the Solid Waste Department apply for North Central Texas Council of Governments (NCTCOG) grant funding to obtain equipment for use in the HHW facility, and for personnel training in various HHW areas. FISCAL INFORMATION The construction of the facility is scheduled to begin upon approval by the City Council, and is projected to be complete within ninety days from the Council approval date. The Jamail Construction Company design/build control budget for the HHW facility is a not to exceed cost of $572,793. EXHIBITS 1. Location Map 2. HHW Facility Site Plan, Sheet Al.O 3. HHW Facility Building Layout, Sheet A2.0 4. HHW Facility Design / Build Control Budget Respectfully submitted: a7/)~ A. Vance Kemler Director of Solid Waste Attachment 2 ;:... Sign ~ Card Reader Reader Asphalt Paving en ;:; 131' 101' 00 '" C'J 30' EXIsting Fence Asphalt R Paving I j 8 j I Concrete Pavmg Concrcte~Asphalt 0 ~ Paving Paving ;::; 20' 60' 51' Concrete Paving o C'J 34'-4" 24' 721_811 581-4" 131' J amail Construction Site Plan E9z A 1.0 228 McCarty, Bldg. #1724, Houston, Texas. 77029 Scale - 1,11 = 201 713.842.1565...Fax 713.674.0814 www.iamailconstruction.com Horne Chemical Collection and Processing Center EXHIBIT I C") - c Q) E ..c <..> co - ~ o o ~ 0/ o o -e " u '" @ \.EY o "'.!:l a;~ b<fl " o U if:> o ..{ff;)., V o A~ ~o/ '" ?o" .~ o \o~ ]:~ -e lU...... Q) ::J ::::; Cl ill U JS~es \b A. \it) '" Iii "'" 0 .::; P:: '1j "' q; B "' 'U>v ]!! ~ '" ... Q) '.- '€ -a) ..... ;:2.e:J (:; :3 ~;2 Q) " '" o u C:l ro '" " '" '" ..c: '" - '" 0.0 ,...::r: P..<fl >::r: "'P.. Q) ~ B ~ ~ ~ o @ @ @ Q) u ...... ::ti o Q) I-< o ..... r:JJ .!:l Si u '" l'L V /10 I I I 1-<1 01 :-91 1-<1 51 UI I " I I I I 1 1 I I I J --~ : @ ~I @ s o o @ @ ~c: o t:f:! q; D o . N ~ ~ 9.8 C\i ;:... " ~ ~I () ~ Co 0.0 ~~.~ Q) ~ ~ ~ ]~ " iii " .~ '" :a u '" u .~ ..c: U E o ::r: E o u " 'B " g)~ ~] ~'g !:: x '" o ~.~ :.P .8 ~ u ~ ;:i o;'!: I-< ::r: l'5 t)fE~ t::;~ o ""';; U ~~ ~ -t~ C\i '" U) ~ ld a i=1 :::;; '" ~~~ ORDINANCE NO. AN ORDINANCE APPROVING A JOB ORDER CONSTRUCTION CONTRACT THROUGH AN INTERLOCAL AGREEMENT WHICH THE CITY OF DENTON, TEXAS HAS WITH DENTON COUNTY, TEXAS, WITH JAMAIL CONSTRUCTION COMP ANY FOR THE DESIGN-BUILD CONSTRUCTION OF A HOUSEHOLD HAZARDOUS WASTE BUILDING PROCESSING CENTER AT THE DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING AN EFFECTIVE DATE (FILE 3465; NOT-TO-EXCEED $572,793). WHEREAS, pursuant to Court Order 03-0586, Denton County, Texas has solicited, received and evaluated competitive sealed proposals for building construction and remodeling services in accordance with the procedure of state law on behalf of the City of Denton pursuant to an Interlocal Agreement between the City and the County dated October 20, 1998 (the "Interlocal Agreement"); and WHEREAS, Jamail Construction Company was selected as the offeror providing the best value based on the selection criteria contained in the request for competitive sealed proposals; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that a construction contract be awarded under the Interlocal Agreement to Jamail Construction Company for the design and building of a Household Hazardous Waste Building Processing Center; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the proposed expenditures; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. In accordance with the Interlocal Agreement the City Council approves the design-build contract with Jamail Construction Company for the construction of a Household Hazardous Waste Building Processing Center at the Denton Landfill for a not to exceed amount of $572,793 as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Budget"). SECTION 3. By the acceptance of the Budget, the City accepts the prices submitted by Jamail Construction Company to Denton County contained in the competitive sealed proposal documents and related documents filed with Denton County, which prices are set forth in the Budget. SECTION 4. The City Council hereby authorizes the City Manager, or his designee to enter into an agreement with Jamail Construction Company consistent with this approval and is hereby authorized to make the expenditures provided for herein, and to make such change orders (not to exceed $25,000) he may later deem advisable. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2006. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: --:e~ Page 2 R:IFebruary 2006 AgendaslFebruary 7, 20061BackuplFile 3465-Household Hazardous Waste FacilityI5-0RD-File 3465.DOC Exhibit A CITY OF DENTON HOME CHEMICAL COLLECTION and PROCESSING CENTER ROUGH ORDER OF MAGNITUDE ~Item ~ Pricel T otall Notes Road, Parking, Site Work 1 Civil, Survey and site plans 1 Isum 49,000.00 $49,000 1 Testing, permitting 1 Isum 4,200.00 $4,200 2 General Conditions 12 wk 3,000.00 $36,000 2 Sitework 5000 sf 1.00 $5,000 3 Asphalt and striping 11640 sf 10.00 $116,400 l' thick, High strength 3 Concrete Driveway and Parking 8000 sf 5.00 $40,000 6" thick, striping 11 Landscape 1 Isum 10,000.00 $10,000 Subtotal $260,600 Building 3 Concrete Slab 3600 sf 7.00 $25,200 3 Foundation Grade Beams 32 cy 175.00 $5,600 4 Split Face and smooth CMU Block 3451 sf 9.50 $32,785 6 Wood Composition Joists 800 If 3.00 $2,400 6 Wood Deck & Subfloor 1200 sf 2.00 $2,400 6 Millwork 10 If 150.00 $1,500 7 Insulation 1283 sf 1.50 $1,925 8 Doors & Hardware 5 doors 1,250.00 $6,250 8 Storefront Windows and Doors 450 sf 80.00 $36,000 9 Ceiling Tile 1100 sf 3.50 $3,850 9 Paint CMU and sIr 3653 sf 2.00 $7,306 9 2 part Epoxy paint, floors 2330 sf 3.00 $6,990 9 Gyp Ceiling 256 sf 5.50 $1,408 9 Rubber Base 840 If 2.00 $1,680 9 Terrazzo 1200 sf 20.00 $24,000 10 Restroom Accessories 5 ea 200.00 $1,000 10 Card Access for Entry doors 6 ea 1,200.00 $7,200 13 Metal gate, ladder 1 Isum 18,000.00 $18,000 13 Bollards 10 each 400.00 $4,000 13 Metal Building 1 Isum 48,000.00 $48,000 15 HVAC wI Ductwork 5 ton 2,000.00 $10,000 15 Plumbing Fixtures 4 ea 1,250.00 $5,000 15 Plumbing Rough In Supply & Drain 300 If 65.00 $19,500 Plumbing to 60' Outside of Building 16 4" Conduits electric service 150 If 80.00 $12,000 Conduit to existing transformer 150' 16 Oscillating Wall Fans 3 ea 600.00 $1,800 16 Light Fixtures Exterior 6 ea 450.00 $2,700 16 Light Fixtures Interior 25 ea 300.00 $7,500 Sodium and flourescents 16 Main Power Distribution 1 Isum 7,000.00 $7,000 16 Receptacles 20 ea 250.00 $5,000 16 Switches 10 ea 300.00 $3,000 16 Water Heater 1 ea 1,200.00 $1,200 Subtotal $312,193 Grand Total: $572,793 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 DRAFT MINUTES PUBLIC UTILITIES BOARD JANUARY 23,2006 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Chair of the Public Utilities Board convened into an Open Meeting on Monday, January 23,2006 at 9:10 a.m. in the Service Center Training Room, City of Denton Service Center, 90l-A Texas Street, Denton, Texas to consider the specific agenda items listed below under the Open Meeting section of this agenda. Present: Chair Newell, George Hopkins, John Baines, Phil Gallivan and Bob Bland EX OFFICIO MEMBER: Howard Martin, City Manager Absent: Bill Cheek Chair Newell called the meeting to order at 9:10 a.m. OPEN MEETING 5) Consider approval for the design/build of the residential Household Hazardous Waste (HHW) Facility by Jamail Construction Company of Grand Prairie, Texas for the construction of a HHW facility at the City's landfill in the amount of $572,793. Kemler presented this item and stated that the cost of this project also included design, surveying and testing, concrete parking, and drive areas. Bland moved to approve with a second by Gallivan. The motion was approved 6-0. Page 65 Page 67 I COMMISSIONER HOLT: No. I'd like to have 1 somehow this gets out quickly to the people who are buying 2 the J-Swing option left in there, they could build. 2 and maybe some of those houses that are under construction 3 COMMISSIONER STRANGE: They can, but they 3 right now because I think once people see this, it's going 4 don't have to. 4 to catch on and I'd like to see it - maybe we've got some 5 COMMISSIONER ROY: so you're agreeing with 5 ideas for our Code changes some day. Thank you. 6 item 1, then that all front-facing garages -- a1llots may 6 COMMISSlONER STRANGE: okay. So we have a 7 have front-facing garages. 7 motion by Mrs. Holt and a second by Mr. Watkins and it is 8 COMMISSIONER HOLT: Yes. 8 agreed that staff and legal will continue to wordsmith 9 COMMISSIONER ROY: I offer as a friendly 9 before it goes to Council Any other discussion? If not, ID amendment as well the wording of Item 1 on Page 2 -- 10 are we ready to vote? All in favor of the motion or 11 excuse me, Page 3 of their letter of Januaty the 2nd. II against the motion, please vote. The motion passes 7-0. 12 COMMISSIONER STRANGE: JUst to be clear, 12 MR REICH HART: Thank you for your 13 why don't we read that into the record as well, Mrs. Holt. 13 patience. 14 COMMISSIONER HOLT: A1llots may have 14 COMMISSIONER STRANGE: our next public IS front-facing garages, front facing attached or detached 15 hearing is Item 5B, which is an Alternative Development 16 garages cannot extend in front of the house, however, 16 Plan for proposed retail and office development on 17 attached garages that do not face the street, typiCally 17 approximately 25 acres located on the northwest corner of 18 referred to as J-Swings, may extend in front of the 18 University Drive and Old North Road intersection. The 19 houses. 19 property is located in a neighborhood residential mixed 20 COMMISSIONER STRANGE: okay. Do you take 20 use zoning district and commercial mixed use general 21 those friendly amendments to your second. 21 zoning district. 22 COMMISSIONER WATKINS: I take those. 22 The purpose of the Alternative Development 23 COMMISSIONER STRANGE: Okay. So we have an 23 Plan is to deviate from the requirements of Subchapter 13 24 amended motion and now an amended second 24 of the Development Code and this item has been remanded 25 COMMISSIONER ROY: And just one 25 from the City Council Ms. Chew1e. Page 66 Page 68 1 clarification, my understanding is is that what we're 1 MS. CHEWLE: This item was presented to 2 expa:ting, what we're understanding is there may be some 2 Planning and Zoning Commission on November 9th, 2005. 3 review of this language, perhaps, by legal or staff before 3 Staff had recommended denial, but Planning and Zoning 4 it gets to Council if it can be improved; is that correct? 4 Commission made the reconnnendation to City Council to 5 LEGAL: Yes. Typically what happens is 5 approve this - the parking - the two rows of parking in 6 that Planning staff will rough out an ordinance and I will 6 front of the building with some conditions that there 7 review it and sign off of it, approval as to legal 7 would be a three-foot high berm, there would be a 8 sufficiency. It hasn't been mentioned in the motion, I 8 three-foot high hedge and that there would be a 12.5 feet 9 know that at one time that it was mentioned, the issue of 9 landscaped area in addition to the required ten feet. 10 what it means to have simulated wood panels or simulated 10 When this case was presented to the Council 11 wood trim. and I know at one point the applicant said 11 the Council's discussion centered around the apparent and 12 something about attaching some photographs to use as 12 completeness of the ADP and the Council's desire to 13 exemplars of that and I don't know whether the Commission 13 consider an ADP that addressed all of the site design 14 intends to include that in the motion as well or not. 14 issues. The applicant came back and submitted the -- 15 COMMISSIONER HOLT: I would like to, 15 submitted -- well, it's not a new site plan. This is 16 uh-huh. 16 really the site plan that the applicant submitted at fIrst 17 COMMISSIONER WATKINS: second. 17 whenever they made the application. 18 COMMISSIONER ROY: And I would just like to 18 The applicant at that time only wished to 19 comment then, I'm going to support this motion. I think 19 ask for parking in front of .. between the building and 20 that the idea for the columns just looking at them, if you 20 the street, there was other incomplete information on the 21 drive through the subdivision, the columns help a lot and 21 site plan, and, therefore, staff suggested that all of 22 these doors, these wood doors or simulated wood panels are 22 that be removed from the site plan just so it doesn't get 23 going to make a - can make a major improvement in the 23 approved the way it was on the site plan because the 24 subdivision and could make it one of the nicer looking 24 parking is in access. The staff could not calculate the ,25 subdivisions of homes in this price range. So I hope that 25 parking because the uses were not determined, so we had Condenselt 1M PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 65 - Page 68 Condenselt 1M Page 69 Page 71 1 all the -- we relayed all these comments to the applicant. 1 will not support it. and the applicant insisted that - 2 but the applicant said that their only issue was parking 2 his request is only parking in front of the street. And 3 in front of the street so we did not approve a site plan 3 if he puts a note on there, would that be satisfactory and 4 showing trees on it which really could be below our 4 staff really was not in a position to -- we told them that 5 current Code, so really that is the reason, whenever you 5 probably the note would not be enough, but Council wants 6 saw frrst this is the site plan you saw, because staff 6 to see a complete site plan, so we will let you bring what 7 wanted to be sure that we were not in a position where we 7 you want to bring to Council. 8 approved something that was -- that did not moot our new 8 COMMISSIONER ROY: what is the impact of 9 Code. 9 our denying this in terms of -- 10 When it went to Council Council - Council 10 COMMISSIONER STRANGE: staff. 11 wanted to see a site plan which was complete. This is 11 MS. CARPENfER: This follows the zoning 12 what -- they said that the - that they did not want to 12 amendment procedure so let me look at exactly what it 13 set a precedent of partialated P's. The Council also 13 says. Go ahead, Supriya. 14 wanted Planning and Zoning Commission to know that they 14 MS. CHEWLE: If you deny it today, when it 15 are in support of the development and the decision you 15 goes to Council it has to be passed by a super majority. 16 made in the November 11, 2005 -I'm probably -- the date 16 COMMISSIONER ROY: But what would be going 17 I'm not sure, but it was November 9th or 11 th, 2005, but 17 to Council if we approve this -- this is the same that we 18 they want to see a complete site plan. 18 sent them already and they sent it back to us. 19 The applicant has submitted a site plan 19 MS. CARPENTER: EXactly. 20 which shows 21 lots with approximately 950 parking spaces 20 COMMISSIONER STRANGE: well, I thought the 21 which exceeds the maximum number of parking spaces. 21 only thing that we approved before - the -- my 22 The plan shows lot sharing parking spaces. A mutual 22 recollection was that the ADP we approved before related 23 agreement will be required. With this, I would like to 23 only to parking in front of the building. 24 say that staff still supports the parking in front of the 24 MS. CHEWLE: That's correct. But according 25 building -- between the building and the street, but if 25 to Council in the past whenever there was an ADP, the ADP Page 70 Page 72 1 this is the site plan that will be approved, staff is not I showed a complete picture of how the development was going 2 in support of this -- support of this site plan being 2 to look. 3 approved the way it has been presented. Staff suggests 3 COMMISSIONER STRANGE: why weren't we 4 that if this -- this -- if you look at the site plan, the 4 presented with that when we made our decision last time? 5 site plan has notes on it that says that it is only for 5 MS. CHEWLE: EXCUse me. I'm sorry. 6 parking in front of the -- parking in front and it's not 6 COMMISSIONER STRANGE: why were we not 7 for parking spaces. The tenants will come back and apply 7 presented that when we made our decision? We were only 8 for other ADP'S which -- which pertain to parking spaces 8 presented the one item. If there were more items to be 9 and trees and all of that other -- all of the other ADP'S 9 considered, why were we not presented that at the time? 10 at a later date. So if we go ahead and approve this we 10 MS. CHEWLE: l' n let Kelly answer that. 11 are kind of in conflict of what the notes are, so -- and 11 MS. CARPENTER: I'd like to answer that. 12 that is why staff cannot support approval of these 12 COMMISSIONER STRANGE: okay. The ADP 13 additional items and if this is the site plan that's going 13 description in Chapter 13 of the Code does not include the 14 to be considered, staff is in opposition. If you have any 14 language that says there must be a site plan. It doesn't 15 questions, I'll take them. IS say it must be a whole site plan. It doesn't even really 16 COMMISSIONER STRANGE: Thank: you. Mr. Roy. 16 intimate that a whole -- that a site plan has to be there, 17 COMMISSIONER ROY: Did you explain to the 17 but it's been treated in the past -- applicants have 18 applicant what was going to happen? 18 submitted site plans, but it doesn't tell you it must be a 19 MS. CHEWLE: Yes, the applicant has always 19 site plan or it must be a whole site plan. And so we -- I 20 been kept informed about how the staff felt about this 20 guess, went out on a policy limb when working with this 21 development and what was required. We had told the 21 applicant and said only submit part -- the part of the 22 applicant -- we had a very long conversation with the 22 site plan that is approvable because the rest of it 23 applicant telling them -- telling the applicant that staff 23 doesn't moot any1hing that's in the Code, and he doesn't 24 cannot support all of these other things, and if this is 24 want to ask for waivers from those, so that's why you only 25 the site plan that's going to be presented, then staff 25 saw a partial one, hut when it got to Council, Council PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 69 - Page 72 Conden.seIt TM Page 73 Page 75 1 felt very strongly that not only was a site plan required, 1 their preference was to see a whole site plan. So there 2 but the whole site plan was required, so what applicant 2 is a whole site plan but the notes -- 3 has done is supplied you with the whole site plan and then 3 LEGAL: l'11 have to admit, I'm confused as 4 by note taken everything off the site plan except the 4 well because - I am so sorry. It does appear to me that 5 parking in front of the building, the landscaping and the 5 -- that this note indicates the intention that it be 6 three-foot berm. All right. So the picture's there, 6 limited to the issue of the parking alone. And insofar as 7 okay, but by note everything else has come back off, and 7 I was not involved in the Council discussion, I honestly 8 it's still a site plan for two rows of parking in front of 8 don't know what was intended by the whole site plan, but 9 the building with the landscaping and the berm. 9 it does appear to me that with the presence of this note, 10 COMMISSIONER STRANGE: BUt the Code -- the 10 that it's limited to the issue of the parking alone. 11 Code itself it does not require -- what you're saying is 11 COMMISSIONER STRANGE: Mr. Watkins. 12 the Code itself does not require that. 12 COMMISSIONER WATKINS: Thank you, Mr. 13 MS. CARPENTER: Does not require a whole I3 Chairman, if I recall correctly, this site plan was like 14 site plan? 14 the church across the street. Council said they would 15 COMMISSIONER STRANGE: vh-hub. 15 like to see what it looked like set down in its place. We 16 MS. CARPENTER: I don't think it says that 16 had the parking in front, and I thought we were on the 17 but I believe that the Council's clear intention was that 17 right track. But it doesn't look like the developer wants 18 a whole site plan be provided. That's why they remanded 18 to work with us if they come back with the whole picture 19 it back here so that you would consider a whole site plan 19 and then start putting notes taking things off. I 20 and what got in front of the Council was a whole site 20 personally have a problem sending that back to the Council 21 plan. 21 because I don't think they want it. I don't think we 22 COMMISSIONER SlRANGE: well, I guess I have 22 really want it either even though I would love to have the 23 a little bit of a problem with that if -- if it's not 23 development. Thank you. sir. 24 required by the Code. 24 COMMISSIONER STRANGE: Thank you. Any 25 MS. CARPENTER: I'm looking for the 25 other questions of staff? Page 74 Page 76 1 requirements in -- I MS. aIEWLE: can I say something? The 2 COMMISSIONER ROY: while you're doing that, 2 problem with this development is the applicant is not sure 3 could legal comment on the note issue. Doesn't the note 3 about the buyers. They're not sure about the lot sizes. 4 meet the requirement? 4 They're not sure about how many lots -- maybe there won't 5 LEGAL: To tell you the truth, I don't 5 be 2] lots. Maybe there will be less. And the problem 6 know. I can't read the notes on this and I don't think 6 with approving - I mean, we could ask the applicant to 7 that I've got a legible copy of it. 7 work with us and come up with the exact number of parking 8 MS. CARPENTER: Mr. Chairman, the 8 spaces, give us all of that, but in the future if 9 requirements for Alternative Development Plan at 3513.5 9 something changes, the applicant will have to keep coming 10 sayan applicant may propose an Alternative Development 10 back to make amendments to that ADP if their plan changes 11 Plan which meets or exceeds the design objectives of this 11 in the future and that is the reason why we were trying to 12 Subchapter but does not meet the standards of the ]2 accommodate the applicant in the first place to do -- just 13 Subchapter. The Alternative Development PIan provides the 13 do the parking in front of the building, but the Council 14 option to address the design criteria through a flexible 14 has guided us in a different direction and that's why you ]5 discretionary process reviewed by the Council utilizing 15 - secondly, I think the Council wanted to see the whole ]6 the zoning amendment process procedures. And then it 16 site plan back, but I think they wanted to give you guys a 17 gives the criteria for approval, that it preserves 17 chance to review it once before it goes to them, so you 18 existing neighborhoods, assures quality development that 18 have, say, in what happens with this. 19 fits in with the character of Denton, focuses new ]9 COMMISSIONER STRANGE: well, let me ask a 20 development activity to activity centers to curb strip 20 question just along those lines. I thought what we were 21 development and sprawl and ensure that infrastructure is 2] doing was, if you will, a pre-planning process which was 22 compatible, is capable of serving the development. And I 22 to allow the developer to know that as he went forward, he 23 don't think there's a definition of an Alternative 23 could have parking in front of the buildings with the 24 Development Plan. 24 criteria that we set out with the berms and the 25 So -- but the Council made it clear that 25 landscaping. Before he can go forward with any PLANNING AND ZONING MINUTES JANUARY 11~ 2006 Page 73 - Page 76 Page 77 Page 79 1 development, he still bas to come back in with a plan. 1 Council wants. I mean, obviously, it would be great if 2 MS. CHEWLE: Yes, that's correct. 2 this thing could be gone from a conceptual plan to some 3 COMMISSIONER STRANGE: so I mean, the 3 site plan right now, but I think that's asking too much of 4 Council still has the opportunity to see it - this just 4 a development this big. I don't see anything for us to do 5 assisted them in their planning effort. 5 but to tzy to move the development along and I thought we 6 MS. amwLE: I think one of the Council 6 did that when we gave them this fIrst s1ep. And I don't 7 member's concerns was that they did not want to see 7 know what to do with that. Is there applicant here to 8 piecemeal ADP's in the future and they did not want to set 8 talk tonight? 9 a precedent for those kind of ADP'S. 9 MS. CHEWLE.: Yes. 10 COMMISSIONER STRANGE: . well, how is this a 10 COMMISSIONER ROY: okay. 11 piecemeal ADP u the only thing we approved is parking in 11 COMMISSIONER STRANGE.: staff you had one 12 front of the building. 12 comment. 13 MS. CHEWLE: well, because in the future 13 MS. CARPEN1'ER:. pardon me, Mr. Chairman. I 14 the applicant could come back and say now I want ADP from 14 just wanted to say that, I mean, the Planning Commission 15 the parking. Now, I want ADP from the tree regulations so 15 could find that the site plan is complete because the 16 that's what I think the Council member meant by 16 entire drawing is there of the entire site. So you could 17 piecemeaIing it. 17 find that a complete drawing is there and you could also 18 COMMISSIONER STRANGE.: well, I think I 18 frod that with the notes going forward, it still meets the 19 could agree to that. I would assume that if we've made - 19 intention of what YOIrr last decision was that you were 20 that if we've made our decision that this is going to 20 supporting the two rows of parking in front of the 21 cover the items that we have at this time, but, again, as 21 building, the landscaping and the little berm and not take 22 you go forward in the planning, there could be other 22 a position contrary to what you did last time. 23 things. I don't know -- you need to have some criteria to 23 COMMISSIONER STRANGE.: Any other questions 24 start with. Either that or you have to wait until he gets 24 of staff! Okay. We'll close the public hearing and is 25 the whole thing developed before he'll even know what he 25 the applicant here and do they wish to speak. Page 78 Page 80 1 can do. You need it have some guideline to know the 1 MR. SCHATINER: I don't wish to speak, but 2 direction that you're starting I guess is all I'm saying, 2 I'll be more than happy to answer questions. 3 and that's what we gave them. 3 COMMISSIONER STRANGE: Anyone have any 4 MS. CHEWLE: That's correct and we 4 questions of the applicant? Mrs. Holt. 5 completely agree with you. We did exactly what we at this 5 COMMISSIONER HOLT: Yes. Is this the 6 position at this time with the provided information could 6 closest thing to a site plan that you have? 7 do, but since we were guided in a different directiou, 7 MR. SCHATrNER: That's correct. 8 we're back here trying to work something out. 8 COMMISSIONER HOLT: Okay. How many of 9 COMMISSIONER STRANGE: okay. Mr. Roy. 9 these places are -- do you have occupants for? 10 COMMISSIONER ROY: n seems clear to me 10 MR. SCHA TINER: FOW' of those. One of them 11 that this is a very large site, lots of buildings and I'm 11 is currently waiting on a franchisee. 12 sure that the developer has -- hasn't sold more than two 12 COMMISSIONER HOLT: So this is what you 13 or three of these things. I don't know how many he's 13 hope to build at some point, build this out at some point, 14 sold, but I can just see there's different companies 14 you're not going to go ahead and build this and wait? 15 involved and it's a conceptual plan is what it says on the 15 MR. SCHATrNER: There's no way that 16 drawing and this is the concept of what this thing is 16 anybody can get a loan to do that. 17 going to look like, but it -- I would guess it's years 17 COMMISSIONER HOLT: Thank you. 18 before it fills up. And as our chairman said. I thought 18 COMMISSIONER ROY: Excuse me. Go ahead. 19 we were starting off with a first s1ep here, something 19 COMMISSIONER STRANGE: Dr. Thibodeaux. 20 that would allow him to go out to retail establishments 20 COMMISSIONER TIllBODEAUX: I'd like to hear 21 and say, yes, I can get parking in front. Here's what I 21 your thoughts on the opinions that were expressed, were 22 have to do and there's probably going to be lots of other 22 they accurate in terms of not being being able to do more 23 things that we have to address on this site this big with 23 with this at this stage because it really had not been 24 as many different companies and types of establishments. 24 sold or leased or whatever? 25 So I am a little bit confused as to what 25 MR. SCHATINER: That'S an. accurate CondenseIt 1M PLANNING AND ZONING MINUTES JANUARY 11~ 2006 Page 77 - Page 80 Page 81 Page 83 1 statement. We don't have any ambitions at this point to 1 some idea - this document that's before you this 2 even guesstimate how many lots. What we're trying to do 2 presentation for the site plan, I believe is more 3 is convey as closely as possible based on our experience 3 supplemental than anything else. 4 of the other three billion dollars' worth of developments 4 COMMISSIONER ROY: And do you need - I 5 we've done as to what we think: will most likely happen. 5 mean, you were - obviously were in here asking for 6 This is a multi .year plan. And SO what we're trying to 6 parking in front of the building. I mean, is this 7 convey is information as closely as possible so that you 7 something that you need resolved before you can go further 8 the P & Z and the City Council can make accurate 8 or what's with - where do you stand in this plan? 9 decisions. 9 MR. SCHATTNER: Right now -- retail does 10 COMMISSIONER TIllBODEAUX: Thank you. 10 not work. and we have indicated this to everyone that we've 11 COMMISSIONER STRANGE: Any other questions 11 been working with in staff to the p & Z Board and to 12 of the applicant? 12 Council, retail does not work. without two rows of parking 13 COMMISSIONER ROY: well, I'd like to ask 13 in the front. The underwriters who look and evaluate 14 the applicant if he knows what City Council is looking 14 retail, they want to see sufficient accessibility to each 15 for. I haven't understood it myself. What did you think: 15 individual retail use. It may work for a Sonic where they 16 they were asking you to do. 16 only have one row of parking in the front. It does not 17 MR. SCRA TINER: The original concept that 17 work for multi-tenant retail. 18 we submitted was what you see in front of you with the 18 In addition to that, the other retailers 19 exception of the notes that we were going to provide a 19 who we are currently working with and have contracts for, 20 berm and the landscape hedge, I believe, that was on the 20 they want to see two rows of parking in the front. If 21 front that we discussed last time that we were present. 21 this is not resolved, they will not buy the site. And 22 We've added those notes on this plan. That's the only 22 that's what we're trying to do. We're trying to take care 23 change that we've made from that last meeting where we 23 of all of the entitlement work up front so that we can 24 presented this concept plan until today. We originally 24 create liquidity in this asset. 25 wanted to present the Concept Plan that you see before 25 COMMISSIONER ROY: okay. Do you think this Page 82 Page 84 1 you. The infonnation we received from staff indicated I was conveyed effectively to Council? 2 according to the ordinance, the way that the ADP is 2 MR. SCHATTNER: Absolutely. 3 written, that they only show we, as the developer only 3 COMMISSIONER ROY: Thank you. 4 show the rows of parking in the front. We do not show the 4 COMMISSIONER STRANGE: Mrs. Holt. 5 other issues pertaining to who knows what. Again, I don't 5 COMMISSIONER HOLT: Yes. Looking at this 6 want to guesstimate because we're selling sites to 6 site plan, so you are requesting, I'm looking at the 7 ultimate end users who will come in and design a facility, 7 center in front of Lot 6. It says retail and restaurant. S a building, an enterprise according to the covenants, 8 Those two lines of parking right in front -. is that what 9 conditions, and restrictions that we've set in place for 9 you're considering two rows of parking? 10 this development. 10 MR. SCHATTNER: Yes. 11 So I believe the concern from City Council 11 COMMISSIONER HOLT: okay. And then so down 12 was what is going .. what is this going to look like? 12 here, down to the left where it says two little 13 What is the -- the overall design intent? And so I think 13 restaurants and then something on the end, they're not two 14 the disconnect here is the infonnation which needs to be 14 rows down there? So it's just in front of this retail 15 conveyed to the City by the developer and what information 15 here and down toward Old North Road. That's a requirement 16 needs to be present if it is only pertaining to the 16 or I shouldn't say requirement but just a prototypical 17 parking in the front of the building. There needs to be a 17 desJgn by those users. It has nothing to do in terms of 18 note and that is specifically what we've indicated in our 18 our request, but the two sites that are in the end are two 19 presentation is that we do not want to even begin to 19 of the sites. Actually, one of them's already been 20 discuss estimate, guesstimate as to the other issues that 20 negotiated for Sonic. The pad site next to that is also a 21 may or may not be present relative to each individual 21 restaurant use, we're waiting for the franchisee for. 22 users. That's not our intent. Our intent is not to 22 But the site has already been approved and 23 exceed parking. It's not to deal with landscape issues on 23 that is a prototypical design. I believe that's the site 24 the interior, building materials, et cetera. 24 I think that we --that you're looking on the far west 25 So I think what Council was looking for is 25 side of the site. So we're waiting on the franchisee for CondenseIt 1M PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 81 - Page 84 CondenseIt 1M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 85 that site next door to that. And again, those are just 1 prototypical. It has nothing to do with -- in terms of 2 our request. 3 COMMISSIONER HOLT: Thank yon. 4 COMMISSIONER STRANGE: Any other questions 5 of the applicant? Okay. Thank. you very much. 6 MR. SCHATTNER: Thank you. 7 COMMISSIONER STRANGE: Mr. Roy. 8 COMMISSIONER ROY: I would go back to legal 9 now and if we were to approve this partial ADP because the 10 Concept Plan includes a note which ClarifIeS the intent of 11 it to be very limited. Does the note stand up and say 12 that the rest of this -- not approving the rest of the 13 site plan. We're only approving the issue before us 14 tonight? 15 LEGAL: I don't think that you would want 16 to couch it in terms of approving a partial ADP. The Code 17 -- the Code, Denton Development Code doesn't speak in 18 terms of a partial ADP. It's the ADP stands or falls on 19 its own merits, however, if I'm understanding your 20 question correctly, I do think this note effectively limit 21 the applicability of this exhibit to the issue of the 22 parking. So if this Commission were to make a 23 recommendation for approval of the ADP to Council, the net 24 effect would be that you're recommending that the ADP be 25 Page 86 granted on the basis of the parking if that answers your 1 question. 2 COMMISSIONER ROY: It does, thank you. 3 COMMISSIONER STRANGE: Mr. Watkins. 4 COMMISSIONER WATKINS: Thank you, Mr. 5 Chairman. Would it be possible to continue this? It 6 would appear that we're between a rock and a hard place. 7 The Council sent it back. I certainly like the 8 development. I wouldn't want to cost them more money. Is 9 there some way that perhaps we could continue it? 10 COMMISSIONER STRANGE: My own opinion, of 11 course, I'll refer to legal, but I don't know what we 12 would gain by continuing it. It appears to me that we are 13 where we are because in the Development Code which was 14 historically here before the Code was passed obviously, 15 the requirement that you can't have parking in the front. 16 So if it weren't for that one thing in the Code, this 17 applicant would be like predecessors here many, many 18 times, they wouldn't have to worry about this. TIley would 19 have that as a known, and then they would come forward 20 with their plan as they're ready to go forward. 21 It appears to me what he's tried to do is 22 clarifY on this site that he is going to be able to have 23 an ADP to the Code as it relates to parking in front of 24 the building. And he has to have that before he can 25 Page 87 effectively go forward and mark in his tract. So I don't see anything wrong with what we've done. COMMISSIONER WATKINS: I think the Council gave him -- did they not indicate that they were not against parking in front of the building? MR. SCHATTNER: That is correct. COMMISSIONER WATKINS: They did not approve it, but they did not tell him or indicate to him or his company that they he could not have the parking in front. TIley just wanted a complete ADP. COMMISSIONER STRANGE: well, we have a complete ADP as it relates to parking in front of the building. And so in my opinion we have met the criteria of the Code. It doesn't say there's a site plan. We're simply giving this applicant the opportunity to move forward with his plan and to move forward with his development based on the ADP that he submitted. which is relating to parking and this landscaping in the front. So Mr. Roy. COMMISSIONER ROY: well, I think that we don't want to get into a situation where we approve something, send it up there., they can send it back. We approve it again. They send it back. I don't think it's good for the applicant for the development for this kind of ~tivity going on and along the lines of Commissioner Page 88 Watkins, I wonder if we can somehow maybe have a - continue this -- we have a separate meeting, maybe a conple of Commissioners with staff or something and try to understand what Council is saying. We could act on it tonight, but if we - if we approve it and send it up there and they deny it, the loss of time is even more. If we continue it to our next meeting, say, then the loss of time likely is only a couple of weeks. But just somehow there's a communications problem. COMMISSIONER STRANGE: Let's just ask staff. Let's just ask staff. What do you think two weeks would buy us? MS. CARPENTER: I don't think it buys us anything. I think that - staff is very carefully looking at ADP'S right now. And I think that staff will in the near future propose to the Planning Commission and the Council that a complete ADP includes the site plan, but it also includes the list of things from which the applicant chooses or proposes to deviate and how they're going to mitigate from those deviations. And that goes on the site plan document, and I think that you can get to the point where you can fmd that this document does that. I think what the Council really wanted to see was the whole picture and even though the notes negate the whole picture, that's what they wanted to see and they PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 85 - Page 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CondenseIt 1M Page 89 Page 91 I made it clear that it was -- that they supported the two 1 caqories would be required on a project by project basis 2 rows in front of the building and so did the staff and so 2 to establish what the space requirements for storage would 3 did the Planning Commission. So I drink maybe, you know, 3 be. And for those developments where the initial occupant 4 it might be better if we couId all sit down with the 4 will generate less waste and recycab1es than industry 5 Council and hash out what we mean by ADP'S, but I don't 5 nonns, the initial development - or development site plan 6 think it's the right thing to do to hold up this guy while 6 must provide adequate space for expansion of enclosures to 7 we have that internal discussion. 7 accommodate additional container storage based on industry 8 COMMISSIONER STRANGE: well, any other 8 standard generation rates. 9 discussion? Do we have a motion? Mr. Roy. 9 Property owners shall design and construct 10 COMMISSIONER ROY; I may n=i some help 10 their enclosures and access to enclosures to meet or 11 from legaI on this wording, but I'm going to recommend 11 comply with the requirements of Chapter 469 of the Texas 12 approval of the requested Alternative Development Plan as 12 Government Code and the Texas Assessability Standards. 13 it relates to parking and landscaping as previously 13 With that, I would take any questions concerning the 14 proposed and agreed to by this Commission. 14 current design criteria and its updates. 15 LEGAL; I think that would work fIne. I 15 COMMISSIONER SlRANGE: Any questions of 16 see no problem with your motion as stated. 16 staff. This is a public hearing so I'll open the public 17 COMMISSIONER SlRANGE: We have a motion. Do 17 hearing. Is there anyone who wishes to speak for or 18 we have a second? 18 against? Mr. Reichhart. You had a card that said you did 19 COMMISSIONER HOLT; second. 19 not wish to speak, which I could not believe. 20 COMMISSIONER SlRANGE: We have a motion by 20 MR. REICHHART: ob, did I mark that? How 21 Mr. Roy and a second by Mrs. Holt. Any discussion? If 21 foolish of me. 22 none, please vote. Motion passes 7-0. 22 COMMISSIONER SlRANOE: That's what I 23 Okay. The next public hearing is going to 23 thought, too, when I saw that. Okay. You can speak. 24 be Item No. 5C, which is an amendment to the Denton 24 MR. REICHHART; And I'm in favor and 25 Development Code for solid waste design standards in 25 opposed to certain portions. I n:ally think the Page 90 Page 92 1 Subchapter 13. Mr. Kemler. 1 regulations are needed. Too often solid waste is the last 2 MR. KEMLER: Good evening. I'm Vance 2 thing considered on a site and it n:ally needs to be 3 Kemler, Director of Solid Waste for the City of Denton. 3 incorporated in the entire site design, however, there are 4 And before you you have an Agenda item that would update 4 a few portions of the regulations that give me some 5 the existing solid waste - or the Solid Waste Amendments 5 heartburn. The new regulations kick in if you rezone a 6 to the Denton County. 6 piece of property. So 1 could have an existing structure 7 As background the Denton Development Code 7 and intend to change the use and maybe have to rezone the 8 requires new construction and certain other projects such 8 property. Automatically now I have to update the trash 9 as redevelopment and major remodeling to locate waste 9 enclosures. 10 storage containers, dumpsters, behind the front building 10 If I replat a piece of property - and my 11 line in order to provide clear general guidance to 11 property is platted, I want to maybe expand in the future 12 developers on the City's requirements from municipal solid 12 and I just combine two pieces of property, no development, 13 waste and recyclables storage enclosures. The City staff 13 no nothing, the regulations kick in. I do agree that they 14 has prepared a draft update to the site criteria manual. 14 should kick in when you're due something, if you're 15 The draft of the amendments to the site 15 ChllTlging something on your structure, if you're expanding 16 design standards were presented to attendees of the 16 or doing something, but at the same time the applicability 17 developer's luncheon on November 9th, 2005 and the revised 17 table -- typically, the way it was written is that the new 18 - and revised based on the input from attendees and 18 expansion had to conform. up to a certain point and when 19 others in the community. 19 you went over 50 percent the entire site needed to 20 The draft document was further revised 20 conform, so, you know, taking a look at those numbers, I 21 following the P & Z Commission Work Session conunents on 21 think would be important, too. Going into - if you had a 22 December 9th of 2005 and an overview of those changes 22 500 square foot office, you have to have one enclosure, 23 include a clarification of the storage space requirements 23 you know, which is about 200 square feet, 10 by 20, 24 to accommodate solid waste storage units. We further 24 something like that, I don't have the fIgures in front of 25 clarified that those projects other than the listed 25 me. But I think. in in-fill areas or there's got to be PLANNING AND ZONING MINUTES JANUARY 11,2006 Page 89 - Page 92