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HomeMy WebLinkAboutJuly 17, 2012 Agenda AGENDA CITY OF DENTON CITY COUNCIL July 17, 2012 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, July 17, 2012 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card shoul returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agen 3. Receive a report, hold a discussion, and provide staff with direction regarding projects recommended by the Citizens Bond Advisory Committee and bond pro for the upcoming November 2012 bond election. 4. Receive a report, hold a discussion, and give staff direction regarding amending the Denton Development Code by adding Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by ame requirements for fraternity or sorority houses, boarding houses, Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution Center/Warehouse (General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Family, Dormi Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family D Family Detached Dwelling, Single-Family Attached Dwelling, Dwell Efficiency Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. The Planning and Zoning Commission recommends approval (6-0). 5. Receive a report, hold a discussion and give staff direction with regard to possible route and scoping adjustments to the Bonnie Brae Road Widening and Improvements project. 6. Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for approximately 700 acres of land located north of Airport Road in the Citys industrially zoned area. 7. Receive a report, hold a discussion and give staff direction regarding adoption of an ordinance of the city of Denton, Texas, revising the fats, oils, and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to Utilities, and hereby repealing Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article XII  Liquid Waste, Divisions 1, 2, 3, and 4. City of Denton City Council Agenda July 17, 2012 Page 2 Following the completion of the Work Session, the City Council w Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. CLOSED MEETING 1.Closed Meeting: A.Deliberations regarding Certain Public Power Utilities: Competitive Matters  Under Texas Government Code Section 551.086. 1.Receive a report from Denton Municipal Electric staff regarding certain public power competitive and financial matters related to the Re Proposals No. 4859 issued by the City soliciting proposals for a generated energy facility or facilities for the City of Denton, Texas; and a presentation on solar-generation facilities; discuss, deliberate and provide staff with direction regarding such matters. B. Consultation with Attorneys  Under Texas Government Code Section 551.071; Deliberations regarding Real Property  Under Texas Government Code Section 551.072. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the potential purchase of a 2.0 acre tract, more or less, located in the Hiram Sisco Survey, Abstract No. 1184, Denton, County, Texas, and located generally at the corner of McKinney S and Oakland Street, City of Denton, Texas. Consultation with the Citys attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the Citys attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the Citys legal position in any administrative proceeding or potential litigation. 2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located (1) in the A. Tompkins Survey, Abstract No. 1246, located generally in the 1800 block of South Bonnie Brae Street 2100 block of South Bonnie Brae Street; and (2) in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, located generally in the 3100 Block of Roselawn Street, all property interests within the City of Denton, Texas. Consultation with the Citys attorneys regarding legal issues associated with the potential acquisition of the real property interests described above where a public discussion of these legal matters would conflict with the duty of the Citys attorneys to the City of Denton and the City Council under the Texas Disciplinary Rules of Professional City of Denton City Council Agenda July 17, 2012 Page 3 Conduct of the State Bar of Texas, or would jeopardize the Citys legal position in any administrative proceeding or potential litigation. C. Consultation with Attorneys  Under Texas Government Code Section 551.071. 1. Consult with the Citys attorneys with regard to Item 5 A. on the City Councils Agenda for July 17, 2012 as it concerns legal issues a with that item. 2. Consult with the Citys attorneys regarding the present status of pending litigation styled Linda Marie Casias Roth, et al v. City of Denton, Texas, rd Cause No. 2012-60839-393, now pending before the 393 Judicial District Court of Denton County, Texas; and discuss, deliberate and provide the Citys attorneys with direction and any recommendations regardin legal matter. A public discussion of this legal matter would con the duty of the Citys Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 3. Consultation with Attorney for advice regarding the negotiation and execution of a First Amendment to the Meet and Confer Agreement between the City of Denton and Denton Police Officers Association with a term of October 1, 2009 through September 30, 2014 that addresse wages, hours and conditions of employment with uniformed officers of the Denton Police Department; consultation with Attorney for advice regarding meet and confer matters between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291. D. Deliberation Regarding Economic Development Negotiations  Under Texas Government Code Section 551.087; Consultation with Attorneys  Under Texas Government Code Section 551.071. 1.Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for approximately 700 acres of land located north of Airport Road in the Citys industrially zoned area; discuss or deliberate regarding commercial or financial information that the City of Denton body has received from a business prospect that the City of Denton body seeks to have locate, stay, or expand in or near the territory of the City of Denton and with which the City of Denton is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect; where a public discussion of these legal matters would conflict with the duty of the Citys attorneys to the City Council under the Texas Rules of Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN CO WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SU ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCO THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE PU City of Denton City Council Agenda July 17, 2012 Page 4 EXCEPTION). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INT MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING A OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE C MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEE ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag Honor the Texas Flag  I pledge allegiance to thee, Texas, one state under God, one and indivisible. 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.Fred Douglass/Fred Moore Days 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Megan Storie regarding Denton  beyond the coal. 2. Hatice Salih regarding lawsuits, certificates of obligation, indebtedness. 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval th the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance wit The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A  K). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A  K below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda July 17, 2012 Page 5 A.Consider adoption of an ordinance authorizing the City Manager, or his designee, to submit a letter to the Texas Comptroller pursuant to the requirements of Section 2206.101 of the Texas Government Code by informing the C that the City of Denton is authorized by the state to exercise the power of eminent domain and further stating each provision of law that grants the domain authority; and providing an effective date. B.Consider approval of the minutes of: June 5, 2012 June 19, 2012 June 25, 2012 July 2, 2012 C.Consider approval of a resolution reappointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers ag representing the City of Denton, Texas; and declaring an effective date. D.Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc, for Engineering Services relating to the North-South Water Line Phases II and III project; and providing for an effective date (File 4978 and Nichols, Inc. in the amount of $435,701). The Public Utiliti recommends approval (6-0). E.Consider adoption of an ordinance accepting bids and awarding a public works contract for the construction of the FM 2499 Utility Relocation project; providing for the expenditure of funds therefor; and providing an effectiv awarded to SMB Enterprises, Inc. in the amount of $192,989). The Public Utilities Board recommends approval (6-0). F.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a First Amendment of Contract of Sale, by and between the City of Denton (City) and Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar Summers Fa Living Trust (Sellers), amending a Contract of Sale (herein so called) contemplating the sale and purchase of fee simple to an approximate 0.1413 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, known as Lot 23, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the north line of Paisley Street, west of Pace Drive (the Property); and providing an effective date. G.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the execution of a Contract of Sale, by and between the City of Denton, Texas, as Buyer, and Dewitt S. Davenport, as Seller (herein so called), regarding the sale and purchase of fee simple to an approximate 0.2159 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, Known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, City of Denton City Council Agenda July 17, 2012 Page 6 Texas, located generally along the North Line of Paisley Street, West of Pace Drive (the Property Interests), for the purchase price of One Hundred and Seventeen Thousand Dollars and No Cents ($117,000.00), and other consideration, as prescribed in the Contract of Sale (the Contract), as attached hereto and made a part hereof as Exhibit A; authorizing the expenditure of funds therefore; authorizing relocation expenditures; and providing an effective date. H.Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to the Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association and providing an effective date. I.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 1.52 acre tract; (ii) a utility and slope easement, encumbering a 0.13 acre tract; (iii) a drainage easement, encumbering a 0.67 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.14 acre tract, all tracts located in the A.N.B. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit A, attached to the ordinance and made a part thereof, located generally in the 2100 block of South Bonnie Brae Street (the Property Interests), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Milton B. Clearman and wife, Anita A. Clearman to purchase the Property Interests for the purchase price of Two Hundred Twenty 00 Three Thousand Nine Hundred Six Dollars and No Cents ($223,906.), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit B; authorizing the expenditure of funds therefor; and providing an effective date. J.Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.08 acre tract; (ii) a utility slope easement, encumbering a 0.03 acre tract; (iii) a slope easement, encumberi tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.01 acre tract, all tracts located in the A. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit A, attached to the ordinance and made a part thereof, located generally in the 1900 block of South Bonnie Brae Street (the Property Interests), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Oren R. Thomas and Ruth A. Thomas, to purchase the Property Interests for the purchase price of Twenty Thousand Six Dollars and 00 No Cents ($20,006.), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit B; authorizing the expenditure of funds therefor; and providing an effective date. K.Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to Utilities, and hereby repealing Sectio 191 of the Denton Code of Ordinances; and hereby adopting Article XII  Liquid City of Denton City Council Agenda July 17, 2012 Page 7 Waste, Divisions 1, 2, 3 and 4; providing for the purpose and policy of the ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in Section 26-153 of this chapter; providing for other definitions; providing for installations of grease traps for new facilities and existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing for manifest requirements for persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the Assistant City Manager of Utilities may seek any and all enforcement remedies necessary to ensure continued compliance; providing a savings clause; providing a misdemeanor penalty not to exceed $2,000 per day for violations of this ordinance; providing a civil penalty not to e day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the City; and providing date. The Public Utilities Board recommends approval (5-0). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance providing for an initial zo classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) to approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z11-0025) The Planning This item was postponed and Zoning Commission recommends approval (5-1). from the June 5, 2012 City Council meeting. B.Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation subject to a restrictive overlay on approximately 3.3 acres. The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z11-0026) The Planning This item was postponed and Zoning Commission recommends approval (7-0). from the May 15, 2012 City Council meeting. C.Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing a primary and alternate member as an official voting representative to the Regional Transportation Council (RTC) of the North Central Texas Council of Governments; and providing an effective date. D.Consider nominations/appointments to the City's Economic Development Partnership Board. City of Denton City Council Agenda July 17, 2012 Page 8 6.PUBLIC HEARINGS A.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the Denton Development Code by Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the parking requirements for fraternity or sorority houses, boarding houses, and dormitories in Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution Center/Warehouse (General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Family, Dormitory, Accessory Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family Dwelling, Single-Family Detached Dwelling, Single-Family Attached Dwelling, Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and Fraternity House in Subchapter 35.23; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (6-0). B.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending an overlay district and approving an amendment to the Quail Creek Special Sign District for 7.1-acres of land within a larger 35.5 acre District located at the southeastern corner of Brinker Road and Quail Creek Boulevard and is also known as Lots 1R and 2, Block A of the Signature Senior Living Addition, within the City of Denton, Denton Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (SD11-0006, Signature Senior Living) The Planning and Zoning Commission recommends approval (7-0). 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City of Denton City Council Agenda July 17, 2012 Page 9 B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2012 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARYSOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and provide staff with direction regarding projects recommended by the Citizens Bond Advisory Committee and bond proposition options for the upcoming November 2012 bond election. BACKGROUND Over the last several years, the quality of the streets in the City of Denton has deteriorated. As a result, the Citizens Bond Advisory Committee is proposing a $20.4 million bond program that is primarily focused on improving street infrastructure. The program assumes no tax rate increase, and it is expected that voters would be requested to approve the program in the November 6, 2012, election. On April 3, 2012, the City Council formally created the Citizens Bond Advisory Committee to provide recommendations on projects to be financed with General Obligation bonds. Additionally, the City Council appointed twenty-one (21) members of the public to serve on the Committee, and Mr. Tim Crouch and Mr. Marty Rivers were appointed as Co-Chairpersons of the Committee. The Committee met on April 23, May 7, May 21, June 4, and June 11 to discuss the condition of existing streets in the community. In addition, the Committee also conducted a tour of various streets on May 26. On June 6, the Committee presented their preliminary project recommendations to the Planning and Zoning Commission, as required by City Charter. The Committee focused their attention on streets which have an Overall Condition Index (OCI) value of 40 or less (on a 100 point scale). Streets with this value are considered to be poor streets, and as such, the Committee expressed an interest in focusing on the worst streets in the community. The Committee also initiated a public information campaign in May. The purpose of this campaign was to request bond project recommendations from citizens. As a result of this campaign, the Committee received a number of recommendations from the public, and each citizen proposal was discussed specifically by the Committee to determine whether it should be recommended in the upcoming bond package. Most notably, Scripture Street from Ector to Agenda Information Sheet July 17, 2012 Page 2 Malone was added to the list of recommended projects due to the feedback received from the public. Public Art In 2006, the City Council approved a Public Art Policy which staThe City of Denton shall  include a base of 2% for the arts from all future Capital Improvement Programs, with the option and flexibility to increase to a 4% maximum, based on needs and economic conditions. According to the definition contained in this policy, Public Art encompasses the broadest definition of visual art including all artistic disciplines. Under this policy, $400,000 to $800,000 of the proposed $20 million bond program for street reconstruction would need to be reserved for public art funding. Since a single issue bond program for street infrastructure had not been anticipated when this policy was drafted, the City Council also asked the Citizens Bond Advisory Committee to provide a recommendation on whether the policy should be applied in the upcoming bond program. On May 7, the Citizens Bond Advisory Committee formally recommended to the City Council that public art be included in the upcoming bond program, and on May 15, the City Council directed staff to include 2% ($400,000) of the upcoming bond program for public art. Further, the City Council asked the Public Art Committee to provide project recommendations. To this end, the Public Art Committee met on May 24 and May 30 to consider their recommendations. On June 1, the Public Art Committee formally v public art be included for the Interstate 35 (I-35) Corridor in the upcoming bond program. It is anticipated that artistic designs will be constructed in the concrete retaining walls which accompany the expansion of I-35. Exhibit 1 is a memorandum from Emerson Vorel, Director of Parks and Recreation, which describes the intersections that are expected to be funded by the Texas Department of Transportation and the City of Denton. Citizens Bond Advisory Committee Recommendations After reviewing detailed street information, citizen recommendations, recommendations from the Public Art Committee, and other information, the Citizens Bond Advisory Committee voted on June 11 to formally recommend projects to the City Council for consideration. As part of this recommendation, the Committee voted in favor of the Public Art Committee recommendations. Further, the Committee recommended that both the public art and street project recommendations be presented to voters for consideration as one ballot and bond proposition. On June 19, the recommendations of the Citizens Bond Advisory Committee were presented to the City Council for consideration. Exhibit 2 provides a detailed summary of the street segments that are recommended for reconstruction, and Exhibit 3 is a copy of the PowerPoint presentation which was presented to the City Council by the Citizens Bond Advisory Committee on June 19. Agenda Information Sheet July 17, 2012 Page 3 Bond Proposition and Ballot Language Options On August 14, the City Council will be asked to approve an ordinance calling for a bond program election on November 6, 2012. In anticipation of this date, the following three bond proposition and ballot options have been prepared for consideration: Option 1: The bond proposition language in this option states that the b be used for street improvement projects and public art related to street improvements. For this option, there are two ballot language alternates presented for consideration. Alternate 1 includes language which states that the bond proceeds will be used for street improvements, and alternate 2 indicates that the bond proceeds will be used for street improvements and related public art improvements. Option 2: The bond proposition language in this option states that the b be used for street improvements. While public art projects are not specifically mentioned in the bond proposition, a new section of the bond ordinance could be used under this option to indicate that funds would be provided for public art improvements related to street improvements. The ballot language under this option is identical to alternate 1 presented under option 1. Option 3: Under this option, separate bond proposition and ballot langua for street improvement and public art projects. Additionally, under this option, the public art improvements are not restricted to street improvements. The bond proposition language will be included in official notices regarding the bond election such as the bond ordinance, newspaper announcements, and other official literature provided by the City. The ballot language will be included in the voting booths for the election. Since a bond ordinance will be presented on August 14 for consideration, staff requests City Council direction on the options presented above. Exhibit 4 is a summary of the bond proposition and ballot langua prepared, and Exhibit 5 provides a draft of the bond ordinances for each of the respective options shown in Exhibit 4. Summary The purpose of this item is to provide an opportunity for the City Council to discuss the Citizens Bond Advisory Committee recommendations in more detail. Additionally, this item is intended to provide an opportunity to discuss the bond proposition and ballot options described above. Exhibit 6 is a PowerPoint presentation which will be used to facilitate a discussion of the above information with the City Council. Mr. Greg Schaecher, bond counsel with McCall, Parkhurst, and Horton, LLP, will also be in attendance at the City Council meeting to assist in answering questions from the City Council. Agenda Information Sheet July 17, 2012 Page 4 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) At the January 31, 2012, Annual Planning Session, staff briefed the City Council on the proposed 2012 Bond Election priorities and schedule. On February 6, 2012, the City Council discussed the proposed bond election and indicated a preference for a twenty-one (21) member Citizen Bond Advisory Committee (3 appointments for each City Council member). On February 21, 2012, the City Council discussed the proposed bond election, calendar of events, and Citizens Bond Advisory Committee appointment process. On March 6, 2012, the City Council appointed members of the public to the Citizen Bond Advisory Committee for the proposed 2012 Bond Election. On April 3, 2012, the City Council formally approved the creation of a Citizens Bond Advisory Committee and appointed additional members of the public to serve on the Committee. On April 23, 2012, the Citizens Bond Advisory Committee met to discuss developing recommendations for the upcoming bond program. On May 7, 2012, the Citizens Bond Advisory Committee met to discuss developing recommendations for the upcoming bond program. The Committee also recommended that public art be included in the upcoming bond program. On May 15, 2012, the City Council indicated that 2% of the upcoming bond program should be devoted to public art. On May 21, 2012, the Citizens Bond Advisory Committee met to discuss developing recommendations for the upcoming bond program. On May 24, 2012, the Public Art Committee discussed the upcoming bond program and potential projects. On May 26, 2012, the Citizens Bond Advisory Committee conducted a tour of various streets in City. On May 30, 2012, the Public Art Committee discussed the upcoming bond program and potential projects. On June 1, 2012, the Public Art Committee recommended that public art in the I-35 Corridor be included in the upcoming bond program. Agenda Information Sheet July 17, 2012 Page 5 On June 4, 2012, the Citizens Bond Advisory Committee met to discuss developing recommendations for the upcoming bond program. On June 6, 2012, the Citizens Bond Advisory Committee discussed their preliminary recommendations with the Planning and Zoning Commission to receive their feedback. On June 11, 2012, the Citizens Bond Advisory Committee formally recommendations to the City Council for consideration. On June 19, 2012, the Citizens Bond Advisory Committee presented their recommendations to the City Council for consideration. EXHIBITS Exhibit 1: Memorandum from Emerson Vorel which describes public art funding Exhibit 2: Summary of Streets Recommended for Upcoming Bond Program Exhibit 3: PowerPoint presentation which was presented to the City Council by the Citizens Bond Advisory Committee on June 19 Exhibit 4: Summary of the bond proposition and ballot language o Exhibit 5: Draft of the bond ordinances for each of the respective options shown in Exhibit 4 Exhibit 6: PowerPoint Presentation Respectfully submitted: Bryan Langley CFO and Director of Strategic Services EXHIBIT 1 EXHIBIT 1a CITY OF DENTON, TEXAS PARKS & RECREATION DEPARTMENT 601 E. HICKORY, SUITE B, DENTON, TX 76201•(940)349-PARK• FAX (940)349-8384 • parksnrec@cityofdenton.com MEMORANDUM Date: July 12, 2012 To: Bryan Langley, CFO and Director of Strategic Services From: Emerson Vorel, Director Subject: I-35 Corridor Enhancements Baseline Aesthetics Treatments The following intersections will have (considered as integral to all of the project corridor design) and will be funded by the Texas Department of Transportation (TxDOT) as part of the construction of the corridor through Denton: State School Road/Mayhill Road Hwy. 77 FM2181/Teasley Lane/Dallas Drive. McCormick Street North Texas Blvd. West Oak St. Accent Aesthetic Treatments The intersections below will have (which consist of graphic display enhancements designated to specific primary intersection abutments and are considered as integral to all of the project corridor design) and will be funded by TxDOT with the construction of the corridor through Denton: Post Oak Drive/Lakeview Blvd. Lillian Miller Parkway/Loop 288 Hwy 377/Fort Worth Drive North Texas Boulevard Bonnie Brae Street Enhanced The City Council has also identified the University Boulevard/Hwy. 380 intersection as an Aesthetics Treatment intersection (above and beyond those listed above and are to be considered as an added option to the project corridor design and will require spe participation by the City of Denton.) The funding for the enhanced improvements will be provided by the proposed $400,000 public art bond issuance. The Public Art Committee has also discussed the possibility of designating the McCormick Street intersection for an enhanced aesthetics treatment with the same bond funds. At this time, the exact design and cost for the baseline and  such, it is possible that the City Council and/or Public Art Committee may wish to enhance these intersections beyond the standard improvements planned by TxDOT. As discussed previously with the City Council, enhanced panel designs in the concrete retaining walls will cost between $40,000 to $50,000 for intersections that are designated, and the majority of these enhancements are expec be funded by the City of Denton. EXHIBIT 1b EXHIBIT 1c EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 July 2, 2012 OPTION 1 PROPOSITION LANGUAGE: PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $20,400,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of is within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: constructing, reconstructing, restructuring and extending streets, roadways, bridges, overpasses, pedestrianways, sidewalks, landscaping, streetscapes, collectors, storm drains, signalization, signage, other traffic and signal controls, street lighting and median improvements; acquiring, constructing and installing public art related to and being part of some or all of the foregoing; the acquisition of land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? OPTION 1 BALLOT LANGUAGE: Alternative #1: PROPOSITION NO. 1 FOR ___ ) THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR STREET IMPROVEMENTS AGAINST ___ ) Alternative #2: PROPOSITION NO. 1 FOR ___ ) THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR STREET IMPROVEMENTS AND RELATED PUBLIC ART IMPROVEMENTS AGAINST ___ ) July 2, 2012 OPTION 2 PROPOSITION LANGUAGE: PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $20,400,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of is within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: constructing, reconstructing, restructuring and extending streets, roadways, bridges, overpasses, pedestrianways, sidewalks, landscaping, streetscapes, collectors, storm drains, signalization, signage, other traffic and signal controls, street lighting and median improvements; the acquisition of land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? OPTION 2 BALLOT LANGUAGE: PROPOSITION NO. 1 FOR ___ ) THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR STREET IMPROVEMENTS AGAINST ___ ) OPTION 2 ADDITIONAL PROVISION IN ORDINANCE CALLING BOND ELECTION: In respect to the proposition submitted to the voters, it shall be a part of the contract with the voters that should the proposition be approved at said election, the City Council may determine to expend up to $400,000 of the aggregate proceeds of the public securities authorized and sold for projects approved by the voters as described in such proposition for public art specifically related to any project described in such proposition, consistent with Resolution No. ________ approved by the City Council on ___________, 2006, and to the ex July 2, 2012 OPTION 3 PROPOSITION LANGUAGE: PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to is one or more series or issues, in the aggregate principal amount securities of each such series or issue, respectively, to mature years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuan the discretion of the City Council, for the purpose of the acqui improvements for public purposes in said City, to-wit: constructing, reconstructing, restructuring and extending streets, roadways, bridges, overpasses, pedestrianways streetscapes, collectors, storm drains, signalization, signage, other traffic and signal controls, street lighting and median improvements; the acquisition of land for th related to the foregoing; and shall said City Council be authori and collected annual ad valorem taxes in an amount sufficient to public securities and provide a sinking fund to pay said public PROPOSITION NO. 2 Shall the City Council of the City of Denton be authorized to is one or more series or issues, in the aggregate principal amount of $400,000, with the public securities of each such series or issue, respectively, to mature serially w their date, and to be sold at such prices and bear interest at s rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of prope public purposes in said City, to-wit: acquiring, constructing and installing public art; and shall said City Council be authorized to levy and cause to be assessed and an amount sufficient to pay the annual interest on said public s pay said public securities at maturity? OPTION 3 BALLOT LANGUAGE: PROPOSITION NO. 1 FOR ___ ) THE ISSUANCE OF $20,000,000 OF PUBLIC SECURITIES FOR CONSTRUCTION OF STREET IMPROVEMENTS AGAINST ___ ) PROPOSITION NO. 2 FOR ___ ) THE ISSUANCE OF $400,000 OF PUBLIC SECURITIES FOR PUBLIC ART IMPROVEMENTS AGAINST ___ ) EXHIBIT 5 EXHIBIT 5a (Option 1) ORDINANCE NO. 2012-___ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, C ELECTION TO BE HELD WITHIN SAID CITY ON THE QUESTION OF THE ISSU VALOREM TAX SUPPORTED PUBLIC SECURITIES; MAKING PROVISION FOR TH CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDEN THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council (the City Council) of the City of D finds and determines that an election should forthwith be called and held in the City for the purpose of submitting a proposition for the issuance of ad valorem tax supported public securities for the purposes herein set forth; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body of the City shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, the City Council finds that the date at which said election shall be held is at least seventy-eight (78) days after the date this ordinance is adopted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The statements contained in the preamble to this ordinance are hereby adopted as findings of fact and as a part of the operative provisions hereo SECTION 2. An election shall be held between the hours of 7:00 A.M. and 7 November 6, 2012 in the City, for the purpose of submitting to the voters of the City a ballot proposition that authorizes the issuance of public securities supported by ad valorem taxes, at the polling designated by the Denton County Elections Administrator (the Elections Administrator) in accordance with the provisions of a joint election agreement and contract for election services with the Elections Administrator (the Contract), which the City Manager or Assistant City Manager is hereby authorized to execute in the name of said City. The locations of such polling places are set forth in Exhibit A attached hereto. Exhibit A shall be modified to include additional or different election day polling places designated by the Elections Administrator and to conform to the SECTION 3. That all the election officers designated by the Elections Ad appointed and confirmed to hold said election at said polling pl SECTION 4. That, as determined by the Elections Administrator, the presiding judges shall appoint not less than two nor more than five qualified election clerks to serve and assist in conducting said election; providing that if the presiding judge actually se judge shall be one of such clerks. SECTION 5. That early voting shall be conducted by personal appearance at the locations, dates and times set forth in Exhibit B attached hereto and during the period early voting is required or permitted by law, being October 22, 2012 through November 2, 2012. Exhibit B shall be modified to include additional or different early voting locations designated by the Elections Administrator and to conform to the Contract. Applications for ballot by mail must be received no later than the close of business on October 30, 2012. Applications for early voting by mail must be submitted to the following address: Frank Phillips Elections Administrator 401 W. Hickory, Suite 125 Denton, Texas 76201-9026 SECTION 6. That an early ballot board is hereby created to process early voting results, and the individual designated by the Elections Administrator is hereby appointed the presiding judge of said board. The presiding judge shall appoint at least two other mem SECTION 7. The method of voting in said election shall be by ballots that conform to the requirements of the Texas Election Code. An electronic voting system, using optically scanned ballots meeting the requirements of Chapter 124 of the Texas Election Code, may be used for the election. Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Texas Election Code. SECTION 8. All resident, qualified electors of said City shall be entitled to vote at said election. SECTION 9. A substantial copy of this ordinance shall serve as proper notice of the Election, which notice shall be given by posting substantial copies of this ordinance in both English and Spanish on the bulletin board at the City Hall of the City used for the posting of notices of meetings of the City Council of the City and at three (3) other public places within the City not later than the twenty-first (21st) day prior to the date upon which the Election is to be held; and substantial copies of this ordinance in both English and Spanish shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not less than seventeen (17) days nor more than thirty (30) days prior to the date of th SECTION 10. The City Secretary, City of Denton, is hereby responsible for submissions to the U.S. Department of Justice for preclearance of said election under the Federal Voting Rights Act. SECTION 11. At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $20,400,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: constructing, reconstructing, restructuring and extending streets, roadways, bridges, overpasses, pedestrianways, sidewalks, landscaping, streetscapes, collectors, storm drains, signalization, signage, controls, street lighting and median improvements; acquiring, constructing and installing public art related to and being part of some or all of the foregoing; the acquisition of land for the foregoing; and improvements related to the foregoing; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public s sinking fund to pay said public securities at maturity? Page 2 SECTION 12. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote FOR o PROPOSITION, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITION to be expressed substantially as follows: PROPOSITION NO. 1 [Alternative 1] FOR ) THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR STREET IMPROVEMENTS AGAINST ) [Alternative 2] FOR ) THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR STREET IMPROVEMENTS AND RELATED PUBLIC ART IMPROVEMENTS AGAINST ) SECTION 13. In accordance with Article 9, Sec. 9.02(c)(1) of the City Charter, it is hereby found and determined that the probable period of usefulness of the proposed improvements covered by the aforesaid PROPOSITION is ___ years. SECTION 14. Article 9, Sec. 9.02(c)(6) of the City Charter contains the f requires this election ordinance to distinctly specify: A determination of the net debt of the City after issuance of t thereby authorized, together with a declaration that the bonds t authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $__________ and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. SECTION 15. That in all respects said election shall be conducted in accordance with the Texas Election Code. The City Secretary is authorized to prepare the official ballot for the election and perform every act required by the City Charter, the laws of the State of Texas and all other applicable law holding elections. SECTION 16. This ordinance hereby incorporates the provisions extent of any conflict between this ordinance and the Contract, the provisions of the Contract shall control. The City Manager and Assistant City Manager are each hereby authorized to correct, modify or change the information in the attached Exhibits based upon the final locations, dates and times agreed Page 3 upon by the Elections Administrator and the City as well as incorporate additional or different voting locations as designated by the Elections Administrator. SECTION 17. It is hereby officially found and determined that the meeting ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Texas Government Code. SECTION 18. This ordinance shall become effective immediately upon its passage and approval. [EXECUTION PAGE FOLLOWS] Page 4 PASSED, APPROVED AND EFFECTIVE this the ___ day of August, 2012. _________________________________ MAYOR, CITY OF DENTON ATTEST: ____________________________________ CITY SECRETARY, CITY OF DENTON APPROVED AS TO LEGAL FORM: _________________________________ CITY ATTORNEY _________________________________ BOND ATTORNEYS Page 5 EXHBIT A ELECTION DAY POLLING PLACES EXHIBIT B EARLY VOTING SITES AND HOURS EXHIBIT 5b (Option 2) ORDINANCE NO. 2012-___ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, C ELECTION TO BE HELD WITHIN SAID CITY ON THE QUESTION OF THE ISSU VALOREM TAX SUPPORTED PUBLIC SECURITIES; MAKING PROVISION FOR TH CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDEN THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council (the City Council) of the City of D finds and determines that an election should forthwith be called and held in the City for the purpose of submitting a proposition for the issuance of ad valorem tax supported public securities for the purposes herein set forth; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body of the City shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, the City Council finds that the date at which said election shall be held is at least seventy-eight (78) days after the date this ordinance is adopted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The statements contained in the preamble to this ordinance are hereby adopted as findings of fact and as a part of the operative provisions hereo SECTION 2. An election shall be held between the hours of 7:00 A.M. and 7 November 6, 2012 in the City, for the purpose of submitting to the voters of the City a ballot proposition that authorizes the issuance of public securities supported by ad valorem taxes, at the polling designated by the Denton County Elections Administrator (the Elections Administrator) in accordance with the provisions of a joint election agreement and contract for election services with the Elections Administrator (the Contract), which the City Manager or Assistant City Manager is hereby authorized to execute in the name of said City. The locations of such polling places are set forth in Exhibit A attached hereto. Exhibit A shall be modified to include additional or different election day polling places designated by the Elections Administrator and to conform to the SECTION 3. That all the election officers designated by the Elections Ad appointed and confirmed to hold said election at said polling pl SECTION 4. That, as determined by the Elections Administrator, the presiding judges shall appoint not less than two nor more than five qualified election clerks to serve and assist in conducting said election; providing that if the presiding judge actually se judge shall be one of such clerks. SECTION 5. That early voting shall be conducted by personal appearance at the locations, dates and times set forth in Exhibit B attached hereto and during the period early voting is required or permitted by law, being October 22, 2012 through November 2, 2012. Exhibit B shall be modified to include additional or different early voting locations designated by the Elections Administrator and to conform to the Contract. Applications for ballot by mail must be received no later than the close of business on October 30, 2012. Applications for early voting by mail must be submitted to the following address: Frank Phillips Elections Administrator 401 W. Hickory, Suite 125 Denton, Texas 76201-9026 SECTION 6. That an early ballot board is hereby created to process early voting results, and the individual designated by the Elections Administrator is hereby appointed the presiding judge of said board. The presiding judge shall appoint at least two other mem SECTION 7. The method of voting in said election shall be by ballots that conform to the requirements of the Texas Election Code. An electronic voting system, using optically scanned ballots meeting the requirements of Chapter 124 of the Texas Election Code, may be used for the election. Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Texas Election Code. SECTION 8. All resident, qualified electors of said City shall be entitled to vote at said election. SECTION 9. A substantial copy of this ordinance shall serve as proper notice of the Election, which notice shall be given by posting substantial copies of this ordinance in both English and Spanish on the bulletin board at the City Hall of the City used for the posting of notices of meetings of the City Council of the City and at three (3) other public places within the City not later than the twenty-first (21st) day prior to the date upon which the Election is to be held; and substantial copies of this ordinance in both English and Spanish shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not less than seventeen (17) days nor more than thirty (30) days prior to the date of th SECTION 10. The City Secretary, City of Denton, is hereby responsible for submissions to the U.S. Department of Justice for preclearance of said election under the Federal Voting Rights Act. SECTION 11. At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $20,400,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: constructing, reconstructing, restructuring and extending streets, roadways, bridges, overpasses, pedestrianways, sidewalks, landscaping, streetscapes, collectors, storm drains, signalization, signage, controls, street lighting and median improvements; the acquisition of land for the foregoing; and improvements related to the foregoing; and shall authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? Page 2 SECTION 12. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote FOR o PROPOSITION, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITION to be expressed substantially as follows: PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR STREET IMPROVEMENTS AGAINST ) SECTION 13. In respect to the proposition submitted to the voters, it shall be a part of the contract with the voters that should the proposition be approved at said election, the City Council may determine to expend up to $400,000 of the aggregate proceeds of the public securities authorized and sold for projects approved by the voters as described in such proposition for public art specifically related to any project described in such proposition, consistent with Resolution No. ________ approved by the City Council on ___________, 2006, and to the extent permitted by law. SECTION 14. In accordance with Article 9, Sec. 9.02(c)(1) of the City Charter, it is hereby found and determined that the probable period of usefulness of the proposed improvements covered by the aforesaid PROPOSITION is ___ years. SECTION 15. Article 9, Sec. 9.02(c)(6) of the City Charter contains the f requires this election ordinance to distinctly specify: A determination of the net debt of the City after issuance of t thereby authorized, together with a declaration that the bonds t authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $__________ and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. SECTION 16. That in all respects said election shall be conducted in accordance with the Texas Election Code. The City Secretary is authorized to prepare the official ballot for the election and perform every act required by the City Charter, the laws of the State of Texas and all other applicable law holding elections. SECTION 17. This ordinance hereby incorporates the provisions extent of any conflict between this ordinance and the Contract, the provisions of the Contract shall control. The City Manager and Assistant City Manager are each hereby authorized to correct, modify or change the information in the attached Exhibits based upon the final locations, dates and times agreed upon by the Elections Administrator and the City as well as incorporate additional or different voting locations as designated by the Elections Administrator. SECTION 18. It is hereby officially found and determined that the meeting ordinance is passed was open to the public as required and that public notice of the time, place, and Page 3 purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Texas Government Code. SECTION 19. This ordinance shall become effective immediately upon its passage and approval. [EXECUTION PAGE FOLLOWS] Page 4 PASSED, APPROVED AND EFFECTIVE this the ___ day of August, 2012. _________________________________ MAYOR, CITY OF DENTON ATTEST: ____________________________________ CITY SECRETARY, CITY OF DENTON APPROVED AS TO LEGAL FORM: _________________________________ CITY ATTORNEY _________________________________ BOND ATTORNEYS Page 5 EXHBIT A ELECTION DAY POLLING PLACES EXHIBIT B EARLY VOTING SITES AND HOURS EXHIBIT 5c (Option 3) ORDINANCE NO. 2012-___ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, C ELECTION TO BE HELD WITHIN SAID CITY ON THE QUESTION OF THE ISSU VALOREM TAX SUPPORTED PUBLIC SECURITIES; MAKING PROVISION FOR TH CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDEN THERETO; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council (the City Council) of the City of D finds and determines that an election should forthwith be called and held in the City for the purpose of submitting certain propositions for the issuance of ad valorem tax supported public securities for the purposes herein set forth; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body of the City shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, the City Council finds that the date at which said election shall be held is at least seventy-eight (78) days after the date this ordinance is adopted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The statements contained in the preamble to this ordinance are hereby adopted as findings of fact and as a part of the operative provisions hereo SECTION 2. An election shall be held between the hours of 7:00 A.M. and 7 November 6, 2012 in the City, for the purpose of submitting to the voters of the City ballot propositions that authorize the issuance of public securities supported by ad valorem taxes, at the polling places designated by the Denton County Elections Administrator (the Elections Administrator) in accordance with the provisions of a joint election agreement and contract for election services with the Elections Administrator (the Contract), which the City Manager or Assistant City Manager is hereby authorized to execute in the name of said City. The locations of such polling places are set forth in Exhibit A attached hereto. Exhibit A shall be modified to include additional or different election day polling places designated by the Elections Administrator and to conform to the SECTION 3. That all the election officers designated by the Elections Ad appointed and confirmed to hold said election at said polling pl SECTION 4. That, as determined by the Elections Administrator, the presiding judges shall appoint not less than two nor more than five qualified election clerks to serve and assist in conducting said election; providing that if the presiding judge actually se judge shall be one of such clerks. SECTION 5. That early voting shall be conducted by personal appearance at the locations, dates and times set forth in Exhibit B attached hereto and during the period early voting is required or permitted by law, being October 22, 2012 through November 2, 2012. Exhibit B shall be modified to include additional or different early voting locations designated by the Elections Administrator and to conform to the Contract. Applications for ballot by mail must be received no later than the close of business on October 30, 2012. Applications for early voting by mail must be submitted to the following address: Frank Phillips Elections Administrator 401 W. Hickory, Suite 125 Denton, Texas 76201-9026 SECTION 6. That an early ballot board is hereby created to process early voting results, and the individual designated by the Elections Administrator is hereby appointed the presiding judge of said board. The presiding judge shall appoint at least two other mem SECTION 7. The method of voting in said election shall be by ballots that conform to the requirements of the Texas Election Code. An electronic voting system, using optically scanned ballots meeting the requirements of Chapter 124 of the Texas Election Code, may be used for the election. Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Texas Election Code. SECTION 8. All resident, qualified electors of said City shall be entitled to vote at said election. SECTION 9. A substantial copy of this ordinance shall serve as proper notice of the Election, which notice shall be given by posting substantial copies of this ordinance in both English and Spanish on the bulletin board at the City Hall of the City used for the posting of notices of meetings of the City Council of the City and at three (3) other public places within the City not later than the twenty-first (21st) day prior to the date upon which the Election is to be held; and substantial copies of this ordinance in both English and Spanish shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not less than seventeen (17) days nor more than thirty (30) days prior to the date of th SECTION 10. The City Secretary, City of Denton, is hereby responsible for submissions to the U.S. Department of Justice for preclearance of said election under the Federal Voting Rights Act. SECTION 11. At said election the following PROPOSITIONS shall be submitte with law: PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $20,000,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: constructing, reconstructing, restructuring and extending streets, roadways, bridges, overpasses, pedestrianways, sidewalks, landscaping, streetscapes, collectors, storm drains, signalization, signage, controls, street lighting and median improvements; the acquisition of land for the foregoing; and improvements related to the foregoing; and shall authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity? Page 2 PROPOSITION NO. 2 Shall the City Council of the City of Denton be authorized to issue public securities of said City, in one or more series or issues, in the aggregate principal amount of $400,000, with the public securities of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: acquiring, constructing and installing public art; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay said public securities at maturity SECTION 12. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote FOR o PROPOSITIONS, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as foll PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $20,000,000 OF PUBLIC SECURITIES FOR CONSTRUCTION OF STREET IMPROVEMENTS AGAINST ) PROPOSITION NO. 2 FOR ) THE ISSUANCE OF $400,000 OF PUBLIC SECURITIES FOR PUBLIC ART IMPROVEMENTS AGAINST ) SECTION 13. In accordance with Article 9, Sec. 9.02(c)(1) of the City Charter, it is hereby found and determined that the probable period of usefulness of the proposed improvements covered by the aforesaid PROPOSITIONS is ___ years. SECTION 14. Article 9, Sec. 9.02(c)(6) of the City Charter contains the f requires this election ordinance to distinctly specify: A determination of the net debt of the City after issuance of t thereby authorized, together with a declaration that the bonds t authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $__________ and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. Page 3 SECTION 15. That in all respects said election shall be conducted in accordance with the Texas Election Code. The City Secretary is authorized to prepare the official ballot for the election and perform every act required by the City Charter, the laws of the State of Texas and all other applicable law holding elections. SECTION 16. This ordinance hereby incorporates the provisions extent of any conflict between this ordinance and the Contract, the provisions of the Contract shall control. The City Manager and Assistant City Manager are each hereby authorized to correct, modify or change the information in the attached Exhibits based upon the final locations, dates and times agreed upon by the Elections Administrator and the City as well as incorporate additional or different voting locations as designated by the Elections Administrator. SECTION 17. It is hereby officially found and determined that the meeting ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Texas Government Code. SECTION 18. This ordinance shall become effective immediately upon its passage and approval. [EXECUTION PAGE FOLLOWS] Page 4 PASSED, APPROVED AND EFFECTIVE this the ___ day of August, 2012. _________________________________ MAYOR, CITY OF DENTON ATTEST: ____________________________________ CITY SECRETARY, CITY OF DENTON APPROVED AS TO LEGAL FORM: _________________________________ CITY ATTORNEY _________________________________ BOND ATTORNEYS Page 5 EXHBIT A ELECTION DAY POLLING PLACES EXHIBIT B EARLY VOTING SITES AND HOURS EXHIBIT 6 AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Planning & Development ACM: Fred Greene SUBJECT  DCA11-0006 Subchapter 35.5 and 35.23 Receive a report, hold a discussion, and give staff direction regardingamending the Denton Development Code by adding Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the parking requirements for fraternity or sorority houses, boarding houses, and dormitories in Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution Center/Warehouse (General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Fa Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family D Detached Dwelling, Single-Family Attached Dwelling, Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. The Planning and Zoning Commission recommends approval 6-0. BACKGROUND Subchapter 35.5 of the Denton Development Code (DDC)  Zoning Districts and Limitations, provides a list of land uses by zoning districts. While the DDC currently provides definitions f fraternity or sorority house, and dormitory, these uses are not included on the list of land us 35.5, and are therefore not allowed within any zoning district. Additionally, the DDC does not currently provide a definition for Conference/Convention Center, Distribution Center/Warehouse (General) or Warehouse (Retail), nor are these uses currently allowed. PROPOSAL Staff is recommending making provision for the aforementioned uses in subchapter 35.5 of the DDC and adding definitions for the uses in subchapter 35.23 of the DDC, as indicated in Exhibit A of the Draft Ordinance. Fraternity or Sorority House, and Dormitory  although currently defined by the DDC, they are not listed in the land use section of the code. Conference/Convention Center,Distribution Center/Warehouse, General, and Warehouse, Retail  are new uses that will be defined by the DDC and placed in the land use section of the code. Agenda Information Sheet July 17, 2012 Page 2 On January 25, 2012, staff presented the subject Code amendment to the Planning and Zoning Commission (P&Z) during a work session. At the work session, the P&Z directed staff to make the following revisions: Provide clarification for the definition of Warehouse (Retail). The definition of Warehouse (Retail) was modified to provide clarity regarding the allowable range of merchandise to be kept within the use. Address fraternity or sorority house and dormitory. Staff revised the definition of Warehouse (Retail). On March 14, 2012, staff presented these revisions to the P&Z and received further direction to conduct further research regarding the following items: Foster Homes; Minimum residential lot size requirement; and Bulk storage of materials that are flammable or explosive. On March 28, 2012, staff presented responses to the P&Zs questions and revised the recommendations accordingly. On June 20, 2012, staff presented to the City Council during a work session and received comments/recommended changes. Respons comments and recommended changes are incorporated in this staff report,report; see Exhibit A of the Draft Ordinance. Please note that language added are shown in blue and language deleted are shown in red. PRIOR ACTION/REVIEW January 25, 2012 Planning and Zoning Commission Work Session March 14, 2012 Planning and Zoning Commission Work Session March 28, 2012 Planning and Zoning Commission Work Session April 11, 2012 Planning and Zoning Commission Public Hearing June 20, 2012 City Council Work Session OPTIONS 1.Direct staff to continue with the proposed Code Amendment as sub 2.Recommend changes to the proposed Code Amendment. RECOMMENDATION approval The Planning and Zoning Commission recommends 6-0 of the proposed Code amendments. approval Staff recommends of the proposed Code amendments. Agenda Information Sheet July 17, 2012 Page 3 EXHIBITS 1.Marked-up Draft Ordinance 2.Family Definitions 3.Conference/Convention Center Definitions 4.Warehouse Definitions 5.Distribution Center Definitions 6.Parking Requirements for Boarding House, Fraternity or Sorority House, and Dormitory 7.April 11, 2012 - Planning and Zoning Commission Meeting Minutes 8.Clean Version of the Draft Ordinance 9.City Council Comments/Questions Prepared by: Ron Menguita, AICP Development Review Liaison Respectfully submitted: Brian Lockley, AICP, CPM Development Review Committee Administrator Exhibit 1 Marked-up Draft Ordinance ORDINANCE 2012-XXX AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AMENDING THE DENTON DEVELOPMENT CODE BY ADDING FRATERNITY OR SORORITY HOUSE, DORMITORY, CONFERENCE/CONVENTION CENTER, DISTRIBUTION CENTER/WAREHOUSE (GENERAL) AND WAREHOUSE (RETAIL) AS LAND USES I SUBCHAPTER 35.5, BY REMOVING DISTRIBUTION CENTER AND WAREHOUSE STORAGE AND DISTRIBUTION AS LAND USES IN SUBCHAPTER 35.5, BY REMOVING LANGUAGE REGARDING MINIMUM RESIDENTIAL LOT SIZE AND ADDING LANGUAGE REGARDING MAXIMUM PERSONS OCCUPYING A DWELLING IN SUBCHAPTER 35.12, BY AMENDING THE PARKING REQUIREMENTS FOR FRATERNITY OR SORORITY HOUSES, BOARDING HOUSES, AND DORMITORIES IN SUBCHAPTER 35.14, BY ADDING DEFINITIONS FOR CONFERENCE/CONVENTION CENTER, DISTRIBUTION CENTER/WAREHOUSE (GENERAL), WAREHOUSE (RETAIL), FRATERNITY, AND SORORITY IN SUBCHAPTER 35.23, AND BY REVISING THE EXISTING DEFINITIONS OF FAMILY, DORMITORY, ACCESSORY DWELLING, DUPLEX, MANUFACTURED HOME, MOBILE HOME, MULTI-FAMILY DWELLING, SINGLE-FAMILY DETACHED DWELLING, SINGLE-FAMILY ATTACHED DWELLING, DWELLING/DWELLING UNIT, EFFICIENCY DWELLING UNIT, AND FRATERNITY OR SORORITY HOUSE IN SUBCHAPTER 35.23; AND PROVIDING FOR A PENALTY THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code (the Development Code) and WHEREAS, after providing notice and after conducting a public hearing as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapters 35.5 and 35.23 of the Denton Development Code. WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this are incorporated herein by reference as true. SECTION 2. Subchapters 35.5 and 35.23 are amended to reflect the changes outlined in Exhibit A; all provisions not changed herein to remain as written. SECTION 3. 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 of this ordinance is violated shall constitute a separate and distinct offense. 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. 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 __________________, ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_____________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:_____________________________ Exhibit A Staff recommends that Section 35.23.2 of the DDC be amended to r of Family with: Family: Any number of persons related by blood, adoption, or marriage. Staff recommends that Section 35.23.2 of the DDC be amended to add the following definitions: Conference/Convention Centers: A facility with a capacity of greater than 1,000 seats used for conferences, conventions, seminars, or similar function Distribution Center/Warehouse, General: A facility where goods or products that are manufactured or assembled off-site are received and stored in bulk, and are then distributed to customers. Warehouse, Retail : A Distribution Center/Warehouse exceeding 25,000 square feet of gross floor area, and devoting up to thirty percent (30%) of the gross floor area for display and retail sale of merchandise. Staff recommends that Subchapter 35.5 of the DDC be amended to read as follows: - - . . - - -. - - - - - - .- .- - - - - Wholesale Storage • and Distribution N N N N N N N N N N N N N N N N N N N N L(34) P P Distribution Center N N N N N N N N N N N N N N N N N N N N P SUP P Distribution Center/Warehouse, N N N N N N N N N N N N N N N N N N N N L(34) P P General Retail Sales and N N N N N N N L(15) L(17) N L(15) L(17) P P L(14) L(17) L(17) L(13) P P L(18) L(18) L(18) Service Warehouse, Retail N N N N N N N N N N N N N N N N N L(13) L(13) L(34) L(34) SUP SUP L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005- 224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(6) = Permitted only on 2"d story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi- Public Halls, Clubs and Lodges. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. Staff recommends that Subchapter 35.5 of the DDC be amended to remove Distribution Center and Warehouse Storage and Distribution from the list of land uses in the Industrial Land Use Categories. Staff recommends that Section 35.7.5.3.C.4 of the DDC be amended to read as follows: 4. Fraternity or sorority houses and boarding and lodging houses. One (1) space for each bedroom Staff recommends that Section 35.12.6 of the DDC be amended to read as follows: 35.12.6 Minimum Residential Lot SizeMaximum Persons Occupying a Dwelling. Minimum Residential Lot Size Each residential unit, whether attached or detached, must be built on a lot that is at least 2 times the square footage of the unit constructed on the lot. The lot must be at least 1.5 times the footprint of the unit constructed on t No single dwelling unit shall have more than four (4) unrelated persons residing therein, nor shall any ÑfamilyÒ have, additionally, more than four (4) unrelated persons residing with such family. Hotels, Motels, Bed and Breakfast establishments, Boarding Houses, Fraternity or Sorority Houses, and Dormitories are excepted from this requirement. Additionally, any organization or institutional gr federal or state funding for the care of individuals is excepted from this requirement. Staff recommends that Section 35.13.13.2 of the DDC be amended to read as follows: 35.13.13.2 Multiple Unit Residential Dwellings and Multi Family Developments Staff recommends that Section 35.13.13.2.A.1.b of the DDC be amended to read as follows: Within the front façade (front adjoining a public or private right-of-way where the entrance/address is any multi-family development and multiple unit residential dwellings, except for structures that are part of a non- residential and mixed use building in a Pedestrian Oriented District, windows or doors (excluding garage doors) shall comprise at least 25% of the wall area. All other facades that face a public or private street or right-of-way (excluding alleys) this minimum percentage of wall area for windows and doors may be reduced to 10%, o provide one window or door per sleeping area (as defined by the Building Code), whichever method provides for the greater coverage of windows and doors. Shutters, trims, or false windows shall not count toward the minimum requirement. Staff recommends that Section 35.14.4.A.3 of the DDC be amended to read as follows: 3.Clubs, Fraternity and or sorority houses, rooming and boarding houses, and dormitories. One (1) space for each bedroom. Two (2) spaces for each three (3) guest rooms; in dormitories, one hundred (100) square feet shall be equivalent to a guest room. Staff recommends that Section 35.14.4.C.1 and 2 of the DDC be amended to read as follows: 1.Industrial uses, except Distributions Centers/Warehouse warehousing. One (1) space per seven hundred (700) square feet of gross floor area or for each two (2) employees on the largest shift, whichever is less. 2.Distributions Centers/Warehouse Warehousing. One (1) space per one thousand (1,000) square feet of gross floor area or for each two (2) employees, whichever is less. Staff recommends that Section 35.22.2 of the DDC be amended to read as follows: Residence. A home, abode, or place where an individual is actually living at a specific point in time. A structure or part of a structure containing dwelling units or rooming units, including single-family or two-family houses, multi- houses, elderly living facilities, apartments, fraternity or sorority houses, or family dwellings, boarding or rooming dormitories. Staff recommends that Section 35.23.2 of the DDC be amended to read as follows: A use where goods are received and/or stored for delivery to the Distribution Center: remote locations. Dormitory: A dwelling unit structure occupied or designed to be occupied by at least fifty (50) students or residents of a boarding school, college, university, or similar institution, with sleeping accommodations, common gathering rooms, and may include group cooking and dining facilities designed to service the entire residency of the dorm or dormitory complex. A structure or portion which is designed or used exclusively for residential purposes, including single- Dwelling: family, two-family, attached dwellings, multifamily dwellings, rooming and boardinghouses, fraternities, sororities, dormitories, manufactured homes, and modular dwellings, but not including hotels or motels. Dwelling, Accessory: A detached or attached residential unit structure, other than a manufactured home, that contains a dwelling that is subordinate to a primary single-family detached dwelling designed for and occupied by one family only. The structure shall be accessory dwelling shall be on the same lot as the primary to a single-family Ò), and shall conform to the standards outlined in this dwelling (see definition of ÑDwelling, Single-Family Detached calculated in net or gross density calculations for a lot, Chapter. Accessory dwellings shall not be included in the parcel or development. Dwelling, Duplex: A structure that contains two (2) attached dwellings that are separated by a fire-rated wall. detached residential structure containing two dwelling units, designed for occupancy by not more than two families living independent of each other. Dwelling, HUD-Code Manufactured Home: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) four hundred (400) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g). Dwelling, Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320)four hundred (400) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. Dwelling, Multi-Family: A structure or portion designed for that contains three (3) or more dwellings and any ancillary uses. units or for occupancy by members of a fraternity or sorority, or by three or more boarders or roomers. Dwelling, Multiple Unit Residential: A structure designed for three or more dwelling units. This includes, but is not limited to, triplexes, fourplexes, and multi-family units. Dwelling, Single-Family Detached: An independent structure that is used for the purpose of one (1) dwelling only. A detached residential unit other than a manufactured home, hotel or motel, designed for and occupied by one family only. Dwelling, Single-Family Attached (aka Townhomes): A single-family dwelling that is a part of a singleA structure containing at least three (3), but not more than eight (8) attached dwellings, and complies with the following: such dwellings, and each dwelling: 1.Is one or more stories in height; 2.Has an outside individual front and rear entrance access on the ground floor of each dwelling; Is separated from the other dwellings in the structure by fire-rated common walls; 3.Each dwelling shall be Has an individual meter for each utilities; 4.Each dwelling shall be serviced by 5.Each dwelling shall Has have direct access to a public street or alley; and 6.Has frontage on a public street; 7.Each dwelling shall be located on Occupies its own individual platted lot and each lot must have frontage on a public or private street. Dwelling/Dwelling Unit: A single unit providing structure or portion thereof that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, . cooking, and sanitation accommodations Dwelling Unit, Efficiency (aka Studio Unit): A dwelling unit that has only one (1) combined living and sleeping room, but may also have separate kitchen and sanitary facilities within the same unit. Also known as a studio apartment. Fraternity: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requir Sorority: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requir Fraternity or Sorority House: A dwelling unit in which members of a fraternity or sorority assemble or reside. The structure in which a student or professional organization formed chiefly to pursue common interests, be it cultural, religious, entertainment or social, and which has reguituals, and formal membership requirements is housed. These structures also may provide housing to its members. The storage and distribution of goods and merchandise produced or Wholesale Storage and Distribution: manufactured off-premises for later shipment to retail or wholesale distributors. EXHIBIT 8 April 11, 2012 Planning& Zoning CommissionMinutes B.Hold a public hearing and consider making a recommendation to City Council regarding amending the Denton Development Code by adding Boarding House, Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the parking requirements for fraternity or sorority houses, boarding houses, and dormitories in Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Boarding House,Family, Dormitory, Accessory Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family Dwelling, Single-Family Dwelling, Single-Family Attached, Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. (DCA11-0006, Subchapter 35.5 and 35.23, Ron Menguita) Menguita stated there have been three previous Work Sessions to discuss boarding houses and what staff proposes. Menguita provided a brief background and stated these are defined in the Denton Development Code (DDC); however, they do not have a use in the DDC. In addition, staff is proposing to add the following items to be placed in the land use section of the DDC: Conference/Convention Center, Distribution Center/Warehouse, Warehouse General and Retail. Menguita stated staff is proposing amending the DDC by adding the following land uses to Subchapter 35.5: Boarding House, Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail). The last two are just rewording the naming, and the first four are new uses to be added to the Subchapter 35.5. Menguita stated staff is also proposing to amend the DDC by revising the following existing definitions: Boarding House, and Family; in addition, staff will be adding the following definitions: Conference/Convention Center, Distribution Center/Warehouse, Warehouse General and Retail. Menguita provided the definition for Boarding House as: A single-family detached dwelling (other than a bed and breakfast establishment) in which rooms are rented individually, and where all occupants therein are permitted access to a common area for cooking and eating. Menguita provided the zoning districts that this would be allowed in or permitted in, along with the zoning districts that have limitations. The following zoning districts are permitted: Neighborhood Residential Mixed Use-12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU), and the Downtown Residential-1 (DR-1) zoning district are allowed with a Special Use Permit (SUP), and the Limitation 12 (L12). The Limitation 12 states Boarding Houses shall have no more than six (6) bedrooms. The following zoning districts are permitted by right: Downtown Residential- 2, Downtown Commercial Neighborhood, and Downtown Commercial General. Menguita provided the definition for Distribution Center/Warehouse, General:A facility where goods or products that are manufactured or assembled off-site are received and stored in bulk, and are then distributed to customers.Menguita provided the zoning districts this use would not be allowed in, the following districts the use would be allowed: Employment Center Industrial (EC-I) with the Limitation 34, which states it is permitted with no more than 150,000 gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. This use is also allowed in the Industrial Center Employment (IC-E) and the Industrial Center General (IC-G). Menguita also provided the definition for Warehouse, Retail: A Distribution Center/ Warehouse exceeding 25,000 square feet of gross floor area, and devoting up to thirty percent (30%) of the gross floor area for display and retail sale of merchandise. This use is allowed in the following zoning districts with the following limitations: Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) are both allowed with the Limitation 13, which states the uses are limited to no more than 55,000 square feet of gross floor area per lot. This use is also allowed in the EC-I and EC-C zoning districts with the Limitation 34, which states it is permitted with no more than 150,000 gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. Menguita stated staff is proposing to add the following definition to the DDC: Conference/Convention Centers: A facility designed to be used for conferences, conventions, seminars, sports and entertainment functions. The definition for Family that staff is proposing is: Any number of persons related by blood, adoption, or marriage. Menguita provided the recommended amendments to the Subchapter 35.12.6 for the Maximum Persons Occupying a Dwelling. That section should be amended to read as follows: No single dwelling unit shall have more than more than four (4) unrelated persons residing with such family. Hotels, Motels, Bed and Breakfast establishments, Boarding Houses, Fraternity or Sorority Houses, and Dormitories are excepted from this requirement. Additionally, any organization or institutional group that receives federal or state funding for the care of individuals is excepted from this requirement. Menguita stated that staff recommends that Subchapter 35.14.4.A.3 of the DDC be amended to read as follows: Fraternity or Sorority houses, Boarding houses, and dormitories require one (1) parking space for each bedroom. Menguita stated the following definitions: Distribution Center, Dwelling, Multiple-unit Residential, and Wholesale Storage and Distribution will be deleted from the DDC for the reasoning that staff is proposing new definitions. Menguita stated at the last Work Session staff was directed to update the definitions Fraternity, and Sorority to remove the wording that directs these definitions towards a college use definition. Those definitions are now as follows:Fraternity: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requirements. Memberships are limited exclusively to male members of the said organization. Sorority: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requirements. Memberships are limited exclusively to female members of the said organization. Menguita stated staff recommends approval to all of the items discussed for additions or amendments to the DDC. Bentley questioned the terminology used in the definition Dwelling Duplex, Bentley questioned if those units can stand alone or if the three of the structures have to be connected. Menguita stated after reviewing what Commissioner Bentley mentioned he could propose moving the term separate and the definition should be clearer at that point. Menguita stated the intent is to have three or more units in a development. Cunningham stated the terminology for Duplex could be changed to Multi-Family; the same language could be used to keep this consistent. Cunningham stated this is something that staff will review and revisit. Alfred Sanchez, 2520 Yellowstone Place, Denton Sanchez stated his concerns are in regards to the Boarding Houses; Sanchez stated a majority of the people that reside in Boarding Houses have a lower income. Sanchez stated he believes the downtown area is more expensive for these people to afford this type of living. Some of the people that reside in these are homeless but are getting back on their feet and have started working again, and many of them do not have cars. Sanchez stated the downtown areas are very congested, and to place some of these residents in those areas would be a bigger impact on those areas. Prudence Sanchez, 2520 Yellowstone Place, Denton Prudence Sanchez stated they also have concerns about the number of bedrooms allowed, unrelated person, and would like to know how many people are allowed per bedroom. Prudence Sanchez also questioned the common areas, laundry, and toiletries. Menguita stated there were discussions in the previous Work Sessions in regards to this use being allowed by a Special Use Permit or by right. Menguita stated staff reviewed the impact that Boarding Houses would have on these residential neighborhoods. The parking requirements would be per bedroom, if there are six (6) bedrooms there would be six (6) parking spaces required. This number was determined from research developed within other municipalities. There is no maximum number of persons allowed in Boarding Houses; Menguita stated we do not have a ratio per the number allowed in each bedroom. That would be determined by the International Building Code and the International Fire Code. Prudence Sanchez stated those that are interested in purchasing property for a Boarding House would have a hard time affording the properties in the downtown areas. Chairman Thomas stated he understands the citizens concerns, but these recommendations were determined after the number of Work Sessions that were held to leave Boarding Houses in commercial use areas. Prudence Sanchez stated this is not theoretical, it is a commercial use; however code allows it, but they do not allow for transportation. Rick Baria 5138 Edwards Road, Denton Baria questioned if the definition for single-family has been addressed or changed, Menguita stated there has been no changes to that definition. Chairman Thomas closed the Public Hearing. Cunningham stated the term dwelling duplex would be changed to dwelling multi-family, which is a structure containing three (3) or more that are separated by a fire rated wall. Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this item. Motion approved (6-0). Exhibit 9 City Council Comments/Questions /šÒ“-zŒa;’,;©vÒ;­·zš“‰/š’’;“·w;­¦š“­; BurroughsWhatisSubchapter35.5specificSubchapter35.5iswherethe for?zoningdistrictsandlimitations arelocated.Subchapter35.5is usedtodetermineifaproposed useispermittedinaspecific zoningdistrictbyright,not permitted,permittedwithan SUP,orpermittedwitha limitation. BurroughsHowweretheseexistingusesExistingFraternityorSorority putiniftheyarenotlistedinHousesandDormitorieswere Subchapter35.5?putinpriortotheCodeupdate in2002.Theyaregrandfathered ineitherasalegalnon conforminguseorasaSpecial Exception. BurroughsWhatispurposeofthisCodeThepurposeofthisCode amendment,tobringintheseamendmentistolistcertainland usesintoconformance?usesinthelandusesection,to providedefinitionsforusesnot currentlydefined,andtorevise existingdefinitionstoprovide clarity. BurroughsWheredidtheseTherecommendationswere recommendationscomefrom?recommendedbyvarious sourcesincluding,butnot limitedto,PlanningandZoning Commission,developers,andthe generalpublic. BurroughsIfthereareotherusesthatareOtherusesthatneedtobein notinSubchapter35.5,howcanSubchapter35.5shouldbe someonebringforwardotherbroughtforwardtothePlanning uses(e.g.institutionaluses).Department.ThePlanning Departmenthasalistof uses/codeamendmentsthatare currentlybeingreviewedand researched. BurroughsIsthereazoningcategoryforonNo,dormitorieslocatedon campusdormitories?campusarenotsubjecttothe requirementsoftheDDC. GregoryDoesthisdefinitionofdormitoryAspartofthisCodeamendment, workfortherecentstudentareviseddefinitionofmulti housingdevelopments?familyisproposed.Ifthe proposedusemeetsthe definitionofmultifamilythen regulationspertainingtomulti familywillapply.Ifnot, dormitorymaybeapossibleuse. RodenDowehaveanydormitoriesNonethatstaffisawareof. currentlyinthecitythatarenot runbytheuniversities? RodenIfuniversitiesowntheNo,ifthedormitoryisoff dormitoriesoutsidecampus,willcampusbutisstillownedand theybeboundtoanyzoning?operatedbytheuniversitythe subjectuseisnotsubjecttothe requirementsoftheDDC. RodenHastherebeenanyinterestinNonethatstaffisawareof.The dormitoriesoutsidecampus?inclusionofdormitoriesinthis Codeamendmentbeganwith thediscussionofBoarding Houses. EngelbrechtIfwehaveFraternityorSororityAdefinitionofFraternityand HousesweshouldhaveaSororityisproposedaspartof definitionofFraternityandforthisCodeamendment. Sorority. EngelbrechtWhathappenswhenyoutakeaIftheproposeduseisahotelor hoteloranapartmentcomplexanapartmentcomplexandthe andlabelitadormitory?universitycallsitadormitory,it willbetreatedasahoteloran apartmentcomplex.The regulationswillbeapplicable basedonhowthestructureis . designed KingDidyouresearchanyfraternitiesNo,staffonlyresearched thatarenotaffiliatedwiththelocationsoffraternityorsorority universities?houses. KingDoothercollegesuseoneProvidedinExhibit6arethe parkingspaceperonebedroom?parkingrequirementsfromcities withintheMetroplex(Dallas, FortWorth,McKinney,Frisco, Plano,andLewisville). BurroughsInthedefinitionofInclusive.Itisshouldbenoted Conference/ConventionCentersthatnotallfunctionslistedinthe isthelistexclusiveorinclusive?definitionarerequiredtomeet thedefinitionofa Conference/ConventionCenter. w;7;Ez“z·zš“ÞzŒŒ,;©;Ýz­;7·š ©;7­EšŒŒšÞ­t Conference/ConventionCenters: Afacilityexceeding7,500square feetofgrossfloorareausedfor conferences,conventions, seminars,sports,or entertainmentfunctions. Theminimum7,500squarefeet wascalculatedbymultiplying 500(seats)withtheBuilding /š7;x­minimumfifteen(15) squarefeetpereachseat requirement. BurroughsClarifytheintentoftheInordertoclarifytheintentof definition.Itistoobroad.thedefinitionaminimumsquare footagehasbeenaddedtothe definition. EngelbrechtDoesthedefinitionofYes,thedefinitionof Conference/ConventionCentersConference/ConventionCenters coverexhibithalls?coversexhibithalls. EngelbrechtDowehaveadefinitionforYes,CommunityCentersis CommunityCenters?definedintheCode.Theland useiscoveredunderCommunity Services. EngelbrechtDoyouhaveasensewhereourMostofthe-z·äx­Distribution DistributionCentersandCentersandWarehousesare Warehousesarelocatednow?locatedwestofI35,nexttothe airportwhereitiszonedICEand ICG.Thecityalsohave DistributionCentersand WarehouseslocatedalongShady edECI. Oakswhereitiszon GregoryWarehouse,RetailthesquareNo,25,000squarefeet. requiresover30,000square feet,correct? GregoryCanyougivemeanexampleofaAnexampleofaWarehouse, Warehouse,Retail?RetailisBungalowFurnitureoff ofLoop288. KingWhywouldaWarehouse,RetailInthehigherintense,industrial notbeallowedinanICEorICzoningdistricts,staffdidnot G?wantthesemidsizeWarehouses tooccupylargerindustrialzoned propertieswhereDistribution Centers/Warehousecould potentiallylocate. BurroughsConsiderallowingWarehouse,{·EEÞzŒŒ’;“7/š7; RetailinanICEorICGwithan’;“7’;“··šŒŒšÞ SUP.‘©;wšÒ­;rw;·zŒz““L/9 “7L/DÞz·w“{…tu GregoryDowehaveanythingthatallowsNotasacombineduse. manufacturingandretail?However,bothmanufacturing andretailarepermittedas separateusesinnumerous zoningdistricts.Thepossibility ofacombinedusewillbe researchedbystaffandplaced on­·EEx­listforfutureCode. GregoryItsoundslikewearegoinginMixedusedevelopmentsto twodifferentdirections.Ononeincludearetail,office,and sidewewantmixeduse,yetresidentialcomponent.Itisnot whatIamhearingisyouwanttooftenthatamixeduse separateuses.developmentincludes manufacturing. BurroughsBringbackasimilarusethatwz­ÞzŒŒ,;¦Œ-;7š“­·EEx­Œz­· combinesmanufacturingand Eš©EÒ·Ò©;/š7;’;“7’;“·­u retail. EngelbrechtHowarethetwoexamplesThetwoexamplesdistributeto warehouses?retailers. EngelbrechtDowehaveadifferentparkingParkingwillbecalculatedusing requirementforWarehouse,bothusesseparately. Retailuse? EngelbrechtIencouragethePlanningwz­ÞzŒŒ,;¦Œ-;7š“­·EEx­Œz­· Departmenttoinvestigate{©;·zŒEš©EÒ·Ò©;/š7;’;“7’;“·­u ·©Ò-‰­u|Wheredotheylocate, etc.? KingCanyoubroadenthedefinitionCouncilmemberEngelbrecht ofFamilytoincludeafamilywithexplainedthatthegenesisofthe twounmarriedadultswithfourprovisionlimitingthenumber childreneach?Makesurethatunrelatedpersonsoccupyinga thisprovisionisresearchedandhouseholdtofourwasto pactofmultiple itdoesnotexcludecertainaddresstheim collegestudentslivingina families. singlefamilyhouse. ÞšÒ“’©©z;77Ҍ·­Þz·wEšÒ© -wzŒ7©;“;-wޚҌ7,; -š“­z7;©;7·ÞšÒ“©;Œ·;7 ¦;©­š“­š--Ò¦äz“m7Þ;ŒŒz“mu wz­z­­­Ò’z“m·w·;-w-wzŒ7 z­©;Œ·;7,ä,Œšš7š©7š¦·zš“ ·šš“;šE·w;7Ҍ·­u {·EEx­¦©š¦š­;77;Ez“z·zš“šE C’zŒär·šm;·w;©Þz·w·w; Œz’z··zš“š“·w;“Ò’,;©šE ғ©;Œ·;7z“7zÝz7ÒŒ­rz­Ý;©ä ­z’zŒ©·š·w;7;Ez“z·zš““7 Œz’z··zš“Ò¦w;Œ7,ä·w;…u{u “7b;ޗš©‰{Ò¦©;’;/šÒ©·­u w;…{{Ò¦©;’;/šÒ©·x­ 7;Ez“z·zš“šEC’zŒäz­­ EšŒŒšÞ­t {š“;ormorepersonsrelatedby blood,adoption,ormarriage, livingandcookingtogetherasa singlehousekeepingunit, exclusiveofhousehold servants.Anumberofpersons butnotexceedingtwo(2)living andcookingtogetherasasingle housekeepingunitthoughnot relatedbyblood,adoption,or marriageshallbedeemedto constituteaE’zŒäu| GregoryAddHousingCoopstothelistofwz­ÞzŒŒ,;¦Œ-;7­·EEx­Œz­·Eš© landusestoaddinSubchapter EÒ·Ò©;/š7;’;“7’;“·­u 35.5. BurroughsWillanyoftheproposedCode No,whatwearetryingtodois amendmentscauseanyofthefindsolutionsforpotentialuses existingusestobecomelegalandalsotoaddressnon nonconforming?Areweputtingconformingusesthatwe burdenonexistingusesorcurrentlyhave. addingpermittingorinspection requirements? BurroughsThedefinitionoffraternitywill{·EEÞzŒŒ©;’šÝ;·w;Œ­· notworkforacoedfraternities,­;“·;“-;E©š’·w;7;Ez“z·zš“šE theCouncilrecommendsthat E©·;©“z·äu thelastsentenceberemoved. KampRegardingSorority,whyisthe{·EEÞzŒŒ©;’šÝ;·w;Œ­· lastsentencethere.­;“·;“-;E©š’·w;7;Ez“z·zš“šE ­š©š©z·äu RodenBoardingHouseisalreadyYes,butitisnotlistedasaland definedintheCode,correct?useinSubchapter35.5. RodenWhathavewesolvedregardingStafffeltthatduetothenature theissueofproperlylocatingoftheBoardingHouseissue,it BoardingHousesthatwasraisedwasbestthatwemoveforward earlier?withthesemorepressingitems first.BoardingHouseisstillin ourradar. AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Receive a report, hold a discussion and make a recommendation with regard to possible route and scoping adjustments to the Bonnie Brae Road Widening and Improvementsproject. BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. In August 2008 the Bonnie Brae project was selected for funding with Regional Toll Revenue (RTR) funds. The approved project extents for the improvements to Bonnie Brae Road spanned from U.S. Highway 377 on the south end to IH35E on the north end. The State approved the Citys contract for Bonnie Brae in September 2009, paving the wa for execution of an Advanced Funding Agreement (AFA) between TxDOT and the City for the receipt and use of funds for the development and construction of the project. After approval of the AFA at City Council in February 2010, the agreement was sent on to the State for execution. A fully executed AFA was received by the City in March 2010. Shortly thereafter, staff proceeded with the solicitation of qualifications from various consulting firms and evaluated submi City Council approved a contract with Graham Associates for the design of the Bonnie Brae Road Widening and Improvements project on October 19, 2010. The total estimated costs included in the AFA for the Bonnie Brae project was $57,689,189.00, with 80% of this amount ($46,151,351.00) coming from RTR funding and 20% ($11,537,838.00) from local match. Denton County Precinct No. 4 has agreed to provide $2,000,000.00 of the local match, with the remaining $9,537,838.00 being provided by the City of Denton. The funding breakdown per source by fiscal year is as follows: Page 1 of 5 The consultant and City staff have been moving forward with the design activities, including contacting property owners, property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to approximately 60% completion between Vintage Boulevard and IH35E. City staff and the consultant conducted an initial public meeting at the Central Fire Station on November 17, 2010. Staff invited affected property owners from U.S. Highway 377 north to IH35E, as well as representatives of the University of North Texas (UNT) and the Denia neighborhood association. The purpose of the meeting was to introduce the attendees to the project team and to go over the scope of the project, especially the routing alternatives between Willowwood Street and Vintage Boulevard. On December 14, 2010, staff presented the feedback received from the public meeting held to the Mobility Committee and sought affirmation of the Green option, which veers south and east of the existing ROW for Bonnie Brae just to the south of the Kansas City Southern (KCS) railroad tracks, crossing Roselawn Drive with a perpendicular alignment. This option had the distinct advantage of not directly impacting any structures and potentially opening up several properties for development purposes. It was projected to be the least costly of the three alternatives analyzed (projected at approximately $41.0 million) and potentially the least problematic from a permitting standpoint (crosses only one channel of Hickory Creek, impacting fewer trees and less floodplain than the other options considered). In this Mobility Committee meeting it was related that staff had explored the potential costs for the addition of the expansion of Vintage Boulevard improvements to the Bonnie Brae project. Currently, two lanes of the eventual six-lane divided section have been built. It is projected at that time that construction costs for the remainder of the roadway would be on the order of approximately $6.7 million dollars (originally projected total project cost of $7.5 million) which does not include additional right-of-way costs. Denton County Precinct No. 4 approved the sale of a total of $3.75 million in bonds for their share in the Vintage Boulevard project (spread over two phases, east and west of Bonnie Brae Road). The difference between the AFA construction budget for Bonnie Brae improvements (approximately $48.7 million) and the projected costs for the Green option (approximately $41.0 million) is currently thought to sufficient enough to cover the Citys original projected share of the Vintage Boulevard expansion ($3.75 million). It was discussed in the December 14, 2010 Mobility Committee meeting that in the future (after additional field studies, property negotiations and designs are completed), if it became apparent that the project cannot afford to fund both the section of Bonnie Brae Road south of Vintage Boulevard and the expansion of Vintage Boulevard, the project scope could be further adjusted to ensure project affordability by first eliminating the expansion of Bonnie Brae Road south of Vintage Boulevard before eliminating the expansion of Vintage Boulevard. The improvement of Vintage Boulevard to full primary arterial capacity was considered by staff to be of superior overall capacity and connectivity value than the expansion of Bonnie Brae Road south of Vintage Boulevard. Staff received affirmation from the Mobility Committee on December 14, 2010 of the Green option as well as the possible inclusion of Vintage Boulevard into the overall project scope and possible removal of the expansion of Bonnie Brae Road south of Vintage if the project could not support both the initial scope and the inclusion of Vintage Boulevard. The most current opinion of probable construction cost for the section of Bonnie Brae from IH35E to Vintage Boulevard is approximately $38,000,000 (includes costs for engineering, ROW acquisition, utilities and roadway construction). The difference between this amount and the total overall funding Page 2 of 5 for the Bonnie Brae project ($57,689,189.00) is a total of $19,689,189.00. In looking at the comparison of the construction of the remainder of Vintage Boulevard versus Bonnie Brae south of Vintage, the following components must be considered: 1.The most current opinion of probable construction cost for Vintage Boulevard from IH35W to U.S. Highway 377 is approximately $8,700,860. The total amount previously estimated for this work was $7,500,000, with $3,750,000 to be provided by Denton County as part of their TRIP 08 bond program. The Citys share of Vintage Boulevard would be the difference between the current estimate and the previous estimate minus the County contribution, or a total of approximately $5,000,000. 2.Raw construction costs (without contingencies) for Bonnie Brae from Vintage Boulevard south to U.S. Hwy. 377 were previously estimated at the conceptual design stage at approximately $11,500,000. Including contingencies of approximately 20%, ROW costs and possible utility relocations could easily result in this cost exceeding $15.0 to $17.0 million dollars. 3.The design of Bonnie Brae Road to a 100-year storm capacity to be consistent with the Citys code between Willowwood and IH35E across the University of North Texas (UNT) campus would require the installation of additional culverts under the Kansas City Southern railroad. The total additional costs of these culverts are not known at this time, but it is thought to be as much as $1.0 to $2.0 million dollars. The roadway can be built constructed under the railroad; however, the roadways drainage culverts and inlets will not operate at full 100-year capacity (meaning that street flooding will be possible during a 100-year storm event) if they are not. In addition, these additional culverts will drastically improve drainage conditions on the UNT campus by removing several structures from the 100-year floodplain. It is believed that the costs of these improvements can be covered with interest earned on deposited project funds (must have State approval first) and possibly through other project savings, so design of the culvert system will proceed. From this information, it is clear that the affordability of the section south of Vintage Boulevard along with the remaining improvements to Vintage Boulevard could easily eclipse the remaining available funding for the overall project. Denton County has expressed a strong stance against the removal of the pavement that they placed in the section of Bonnie Brae that they maintained between Vintage Boulevard and U.S. Hwy. 377. Subtracting the $5,000,000 in City funding needed to pay for the construction of Vintage Boulevard from the $19,689,189.00 left in overall project funding leaves a differential of $14,689,189.00. Staff looked at options for utilizing this differential funding north of IH35E to possibly improve that section of Bonnie Brae Road: 1.The City has funding in the amount of approximately $3.0 million dollars remaining from the last street maintenance bond fund to utilize in the reconstruction of existing Bonnie Brae from Scripture to U.S. Hwy. 380 (University Drive). This section of the roadway is in need of rehabilitation. Graham Associates has projected that the reconstruction of this length of Bonnie Brae to the full secondary arterial section would cost approximately $6.7 million dollars. The differential between available funding and needed funding for this portion of roadway is approximately $3.7 million dollars. Almost all of the ROW needed to construct this section of the roadway is already available. 2.Graham Associates projected the total cost to expand Bonnie Brae between IH35E and Scripture to a full secondary arterial capacity to be approximately $20.5 million dollars, $11.0 million dollars of which was estimated to account for ROW acquisition co Page 3 of 5 These amounts put the total preliminary opinion of probable construction cost to widen Bonnie Brae from IH35E north to University Drive at approximately $27.2 million dollars. With the $3.0 million dollars available from Street funds, the total shortfall is approximately $24.2 million dollars, which far exceeds the $14,689,189.00 available. However, the differential cost to widen Bonnie Brae between Scripture and University Drive ($3.7 million dollars) and for ROW between IH35E and Scripture ($11.0 million dollars) totals up to $14.7 million dollars. This amoun amount of $14,689.189.00. It is staffs opinion that the funding remaining in the Bonnie Brae Road project should be employed to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening Bonnie Brae Road from IH35E to just north of Scripture. The construction of the widened section of Bonnie Brae Road from IH35E to just north of Scripture road (currently projected at approximately $9.5 million dollars) can be accomplished by future debt issuance. I seek approval from the State for the use of interest earnings on deposited funds for the installation of the culverts under the KCS railroad. OPTIONS 1.Approve staffs recommendation for the use of the funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission (RTC) and TxDOT will be required for the use of these funds in this manner. Assuming these approvals are obtained, staff would then seek formal approval of the relevant advanced funding agreement modifications through City Council. This process takes on the order of six months to achieve with the deadline for the TIP modification being due in July 2012. 2.Decline to approve staffs recommendation for the use of the funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. RECOMMENDATION Staff recommends the use of the funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Staff will seek formal approval to modify the funding as such through the RTC and TxDOT. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Mobility Committee  December 14, 2010. Mobility Committee  June 12, 2012. FISCAL INFORMATION All of the RTR funding for the project ($46,151,351.00) has been received. The City has allocated the first two fiscal years of its share of project funding from existing bond funds and is scheduled to issue debt for the remaining amount ($8,046,040.22) in FY 2013-2014. The County has yet to execute and Page 4 of 5 return ICAs for all three years of the project, but their transportation consultant has assured staff that they stand ready and willing to do so as soon as the City presents them with the funding request. BID INFORMATION Not applicable . EXHIBITS 1.Power Point Presentation 2.Mobility Committee Agenda Information Sheet and backup from June 12, 2012. 3.Minutes from Mobility Committee Meeting on June 12, 2012. Respectfully submitted, Frank G. Payne, P.E. City Engineer Page 5 of 5 �} -� : � � �� � ` 3 OQ�CI�IaD �� i'�5:�(L � �l �[��� [� �6�C�� ?x ''(�1X'�� � � ����� ���� ������ ,� ' a � ,yy ' iC ���y, o s ` s ' '� _ �.1 �l�?"u�A�l `�.;� -1�I �J e7L��ai3 . � �i:i����� � 5'.1�.+-sxM�: ��.Y���' T� f �,{5}.., `r �S. ,;��,p,�,. i � . '4 �Rk .�(�• � • � r �'•v. (-}l�, ��; ;� . �/ � � ��� .�� l` ~ 4c �"' � _� 1�4w,.. ,A _ � N'.-,'t{� _ ' � . . ; ,�- .. � ■ r rw � �.�+ � Y� ` �. `t� . I �' +' ` r� q � Yf�� •;�e S ��'� �� v:l � �^.�►` 1� - ,ya�+ --- ° �� n� „� ::,, �y y �'� : �' r -'� T:�~` , � � � . � ,, �� � ` � x 'r � � �, ` '?�.' . -.a]a- � .k :� � � r��r�. �r .���"�4��r ���J�+N��p�' I�.�.'4��� ..� __av' . "�'+.:! � �.�` iY,s.� � �w �.:1�' '�t'!.t � � - #��� I� �� � .. � �� J, ��,Fi � i�;., ,y,� +r�.�'. �� ry���} � �•"'#'6�?�, �z�� ���� '�� � �0 , %�;r I � 8 � ���:� �` -,, r e_-i. i�l��! 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'� � , . � � i , ti.` 1 � � , �' � � A� , r � � �n x ��� � �'� a�� �. _ �8i:'�"�' : '� EXHIBIT2 MOBILITY COMMITTEE AGENDA ITEM #3 AGENDA INFORMATION SHEET AGENDA DATE: June 12, 2012 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion and make a recommendation with regard to possible route and scoping adjustments to the Bonnie Brae Road Widening and Improvementsproject. BACKGROUND The City of Denton applied for regional toll revenue (RTR) funding from S.H. 121 tolling proceeds for several major transportation projects in August 2007. In August 2008 the Bonnie Brae project was selected for funding with Regional Toll Revenue (RTR) funds. The approved project extents for the improvements to Bonnie Brae Road spanned from U.S. Highway 377 on in September 2009, paving the way for execution of an Advanced Funding Agreement (AFA) between TxDOT and the City for the receipt and use of funds for the development and construction of the project. After approval of the AFA at City Council in February 2010, the agreement was sent on to the State for execution. A fully executed AFA was received by the City in March 2010. Shortly thereafter, staff proceeded with the solicitation of qualifications from various consulting firms and evaluated submittals for the design of the project. The City Council approved a contract with Graham Associates for the design of the Bonnie Brae Road Widening and Improvements project on October 19, 2010. The total estimated costs included in the AFA for the Bonnie Brae project was $57,689,189.00, with 80% of this amount ($46,151,351.00) coming from RTR funding and 20% ($11,537,838.00) from local match. Denton County Precinct No. 4 has agreed to provide $2,000,000.00 of the local match, with the remaining $9,537,838.00 being provided by the City of Denton. The funding breakdown per source by fiscal year is as follows: AIS Mobility Committee Agenda Item #3 June 12, 2012 Page 2 of 5 The consultant and City staff have been moving forward with the design activities, including contacting property owners, property acquisitions, hydraulic modeling, environmental permitting, and detailed design through to approximately 60% completion between Vintage Boulevard and IH35E. City staff and the consultant conducted an initial public meeting at the Central Fire Station on November 17, 2010. Staff invited affected property owners from U.S. Highway 377 north to IH35E, as well as representatives of the University of North Texas (UNT) and the Denia neighborhood association. The purpose of the meeting was to introduce the attendees to the project team and to go over the scope of the project, especially the routing alternatives between Willowwood Street and Vintage Boulevard. On December 14, 2010, staff presented the feedback received from the public meeting held to the Mobility Committee and sought veers south and east of the existing ROW for Bonnie Brae just to the south of the Kansas City Southern (KCS) railroad tracks, crossing Roselawn Drive with a perpendicular alignment. This option had the distinct advantage of not directly impacting any structures and potentially opening up several properties for development purposes. It was projected to be the least costly of the three alternatives analyzed (projected at approximately $41.0 million) and potentially the least problematic from a permitting standpoint (crosses only one channel of Hickory Creek, impacting fewer trees and less floodplain than the other options considered). In this Mobility Committee meeting it was related that staff had explored the potential costs for the addition of the expansion of Vintage Boulevard improvements to the Bonnie Brae project. Currently, two lanes of the eventual six-lane divided section have been built. It is projected at that time that construction costs for the remainder of the roadway would be on the order of approximately $6.7 million dollars (originally projected total project cost of $7.5 million) which does not include additional right-of-way costs. Denton County Precinct No. 4 approved the sale of a total of $3.75 million in bonds for their share in the Vintage Boulevard project (spread over two phases, east and west of Bonnie Brae Road). The difference between the AFA construction budget for Bonnie Brae improvements (approximately (approximately $41.0 million) is currently thought to be suffic Vintage Boulevard expansion ($3.75 million). It was discussed in the December 14, 2010 Mobility Committee meeting that in the future (after additional field studies, property negotiations and designs are completed), if it became apparent that the project cannot afford to fund both the section of Bonnie Brae Road south of Vintage Boulevard and the expansion of Vintage Boulevard, the project scope could be further adjusted to ensure project affordability by first eliminating the expansion of Bonnie Brae Road south of Vintage Boulevard before eliminating the expansion of Vintage Boulevard. The improvement of Vintage Boulevard to full primary arterial capacity was considered by staff to be of superior overall capacity and connectivity value than the expansion of Bonnie Brae Road south of Vintage Boulevard. option as well as the possible inclusion of Vintage Boulevard into the overall project scope and AIS Mobility Committee Agenda Item #3 June 12, 2012 Page 3 of 5 possible removal of the expansion of Bonnie Brae Road south of Vintage if the project could not support both the initial scope and the inclusion of Vintage Boulevard. The most current opinion of probable construction cost for the section of Bonnie Brae from IH35E to Vintage Boulevard is approximately $38,000,000 (includes costs for engineering, ROW acquisition, utilities and roadway construction). The difference between this amount and the total overall funding for the Bonnie Brae project ($57,689,189.00) is a total of $19,689,189.00. In looking at the comparison of the construction of the remainder of Vintage Boulevard versus Bonnie Brae south of Vintage, the following components must be considered: 1.The most current opinion of probable construction cost for Vintage Boulevard from IH35W to U.S. Highway 377 is approximately $8,700,860. The total amount previously estimated for this work was $7,500,000, with $3,750,000 to be provided by Denton County as part o would be the difference between the current estimate and the previous estimate minus the County contribution, or a total of approximately $5,000,000. 2.Raw construction costs (without contingencies) for Bonnie Brae from Vintage Boulevard south to U.S. Hwy. 377 were previously estimated at the conceptual design stage at approximately $11,500,000. Including contingencies of approximately 20%, ROW costs and possible utility relocations could easily result in this cost exceeding $15.0 to $17.0 million dollars. 3.The design of Bonnie Brae Road to a 100-year storm capacity to be consistent with the (UNT) campus would require the installation of additional culverts under the Kansas City Southern railroad. The total additional costs of these culverts are not known at this time, but it is thought to be as much as $1.0 to $2.0 million dollars. The roadway can be built witho drainage culverts and inlets will not operate at full 100-year capacity (meaning that street flooding will be possible during a 100-year storm event) if they are not. In addition, these additional culverts will drastically improve drainage conditions on the UNT campus by removing several structures from the 100-year floodplain. From this information, it is clear that the affordability of the section south of Vintage Boulevard along with the remaining improvements to Vintage Boulevard could easily eclipse the remaining available funding for the overall project. Denton County has expressed a strong stance against the removal of the pavement that they placed in the section of Bonnie Brae that they maintained between Vintage Boulevard and U.S. Hwy. 377. Subtracting the $5,000,000 in City funding needed to pay for the construction of Vintage Boulevard from the $19,689,189.00 left in overall project funding leaves a differential of $14,689,189.00. If an additional $2.0 million is reserved for possible drainage improvements to the culverts under the KCS railroad at UNT, the total remaining is $12,689,189.00. Staff looked at options for utilizing this differential funding north of IH35E to possibly improve that section of Bonnie Brae Road: AIS Mobility Committee Agenda Item #3 June 12, 2012 Page 4 of 5 1.The City has funding in the amount of approximately $3.0 million dollars remaining from the last street maintenance bond fund to utilize in the reconstruction of existing Bonnie Brae from Scripture to U.S. Hwy. 380 (University Drive). This section of the roadway is in need of rehabilitation. Graham Associates has projected that the reconstruction of this length of Bonnie Brae to the full secondary arterial section would cost approximately $6.7 million dollars. The differential between available funding and needed funding for this portion of roadway is approximately $3.7 million dollars. Almost all of the ROW needed to construct this section of the roadway is already available. 2.Graham Associates projected the total cost to expand Bonnie Brae between IH35E and Scripture to a full secondary arterial capacity to be approximately $20.5 million dollars, $11.0 million dollars of which was estimated to account for ROW acquisition costs. These amounts put the total preliminary opinion of probable construction cost to widen Bonnie Brae from IH35E north to University Drive at approximately $27.2 million dollars. With the $3.0 million dollars available from Street funds, the total shortfall is approximately $24.2 million dollars, which far exceeds the $12,689,189.00 available. However, the differential cost to widen Bonnie Brae between Scripture and University Drive ($3.7 million dollars) and for ROW between IH35E and Scripture ($11.0 million dollars) totals up to $14.7 million dollars. If alternative funding for the culverts at the KCS railroad can be sought, this amount is almost exactly equal to the remaining amount of $14,689.189.00. project should be employed to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. The construction of the widened section of Bonnie Brae Road from IH35E to just north of Scripture road (currently projected at approximately $9.5 million dollars) can be accomplished by future debt issuance. It is also staf installation of the culverts under the KCS railroad inasmuch as these improvements will drastically reduce the occurrence of flooding on the UNT campus south of IH35E. OPTIONS 1.s recommendation for the use of the funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Approval of the Regional Transportation Commission (RTC) and TxDOT will be required for the use of these funds in this manner. Assuming these approvals are obtained, staff would then seek formal approval of the relevant advanced funding agreement modifications through City Council. This process takes on the order of six months to achieve with the deadline for the TIP modification being due in July 2012. 2.Decline to afrecommendation for the use of the funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. AIS Mobility Committee Agenda Item #3 June 12, 2012 Page 5 of 5 RECOMMENDATION Staff recommends the use of the funding remaining in the Bonnie Brae Road project to offset City funding for the widening of Vintage Boulevard, for the widening of Bonnie Brae Road from just north of Scripture to U.S. Hwy. 380 and for the acquisition of ROW for the future widening of Bonnie Brae Road from IH35E to just north of Scripture. Staff will seek formal approval to modify the funding as such through City Council, the RTC and TxDOT. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Mobility Committee December 14, 2010. FISCAL INFORMATION All of the RTR funding for the project ($46,151,351.00) has been received. The City has allocated the first two fiscal years of its share of project funding from existing bond funds and is scheduled to issue debt for the remaining amount ($8,046,040.22) in FY 2013-2014. The County has yet to execute and return ICAs for all three years of the project, but their transportation consultant has assured staff that they stand ready and willing to do so as soon as the City presents them with the funding request. BID INFORMATION Not applicable DATE SCHEDULED FOR COUNCIL APPROVAL July 17, 2012 EXHIBITS 1.Mobility Committee Agenda Information Sheet and backup from December 14, 2010. 2.Minutes from Mobility Committee Meeting on December 14, 2010. Respectfully submitted, Frank G. Payne, P.E. City Engineer THIS PAGE INTENTIONALLY LEFT BLANK CITY COUNCIL MOBILITY COMMITTEE AGENDA ITEM #2 AGENDA INFORMATION SHEET AGENDA DATE: December 14, 2010 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities 349-8232 ________________________________________________________________ SUBJECT Receive a report, hold a discussion and make a recommendation with regard to possible route and scoping adjustments to the Bonnie Brae Road Widening and Improvementsproject. BACKGROUND The City Council approved a contract with Graham Associates for the design of the Bonnie Brae Road Widening and Improvements project on October 19, 2010. The consultant has been moving forward with the initial design activities, including contacting property owners, surveying and analysis of various alignment alternatives, largely centered on the stretch of Bonnie Brae Road between Willowwood Street and Vintage Boulevard (refer to attached Exhibit 1). City staff and the consultant conducted an initial public meeting at the Central Fire Station at 6:00 pm on November 17, 2010. Staff invited affected property owners from U.S. Highway 377 north to IH35E, as well as representatives of the University of North Texas (UNT) and the Denia neighborhood association (refer to attached Exhibit 2). The purpose of the meeting was to introduce the attendees to the project team and to go over the scope of the project, especially the alternative routes shown between Willowwood Street and Vintage Boulevard. The three alternative routes presented at the public meeting included: 1.Alignment Option Red  This alignment veers to the south and w ROW for Bonnie Brae just to the south of the Willowwood Street intersection. This option has the advantages of not directly impacting any structures and potentially opening up somewhat isolated property tracts. However, it is the most costly option (projected at approximately $49.5 million, which is in excess of the AFA const approximately $48.7 million) and potentially the most difficult option for which to obtain permitting (may actually result in a year or more of additional 2.Alignment Option Blue  This alignment follows the existing ROW alignment more closely than the other two alignments, which does take advantage of the existing ROW footprint. However, it is the most disruptive to existing homes and the most problematic from a construction staging perspective with regard to background traffic. Its projected construction cost of approximately $45.6 million is slightly less than the AFA construction budget. 3.Alignment Option Green  This alignment veers south and east of the existing ROW for Bonnie Brae just to the south of the Kansas City Southern (KCS) railroad tracks, Mobility Committee Agenda Item #2 December 14, 2010 Page 2 of 3 crossing Roselawn Drive with a perpendicular alignment. This option has the advantage of not directly impacting any structures and potentially opening up several properties for development purposes. It is the least costly of the three alternatives analyzed (projected at approximately $41.0 million) and potentially the least problematic from a permitting standpoint (crosses only one channel of Hickory Creek and impacts fewer trees and less floodplain than the other options). The atmosphere at the public meeting was generally congenial. Overall, the feedback received supported the Green alignment over the other two alternatives analyzed. Utility and CIP Engineering staff and the consultant believe that Alignment Option Green offers the least potential cost and the least potential difficulty from a permitting standpoint. Staff has explored the potential costs for the addition of the e improvements to the Bonnie Brae project. Currently, two lanes of the eventual six-lane divided section have been built. It is projected that construction costs for the remainder of the roadway would be on the order of approximately $6.7 million dollars (originally project total project cost of $7.5 million) which does not include additional right-of-way costs. Denton County Precinct No. 4 approved the sale of a total of $3.75 million in bonds for their share in the Vintage Boulevard project (spread over two phases, east and west of Bonnie Brae Road). The difference between the AFA construction budget for Bonnie Brae improvements million) and the projected costs for the Green option (approximately $41.0 million) is currently thought to be sufficient enough to cover the Citys original projected share of the Vintage Boulevard expansion ($3.75 million). In the event that in the future (after additional field studies, property negotiations and design are completed), if it becomes apparent that the project cannot afford to fund both the section of Bonnie Brae Road south of Vintage Boulevard and the expansion of Vintage Boulevard, it is recommended that the project scope be further adjusted to ensure project affordability by first eliminating the expansion of Bonnie Brae Road south of Vintage Boulevard before eliminating the expansion of Vintage Boulevard. The improvement of Vintage Boulevard to full primary arterial capacity is considered by staff to be of superior overall capacity and connectivity value than the expansion of Bonnie Brae Road south of Vintage Boulevard. Obviously, being able to afford all of the improvements is the preferred ultimate outcome OPTIONS 1.Affirm staffs selection of the Green option for Bonnie Brae Road between Vintage Boulevard and Willowwood Street and include the expansion of Vintage Boulevard into the overall project scope. Approval of the Regional Transportation Commission and TxDOT will be required for the inclusion of Vintage Boulevard. Assuming these approvals are obtained, staff would then seek approval for the addition of Vintage Boulevard through City Council. 2.Decline to affirm staffs selection of the Green option for Bonnie Brae Road between Vintage Boulevard and Willowwood Street and the inclusion of the expansion of Vintage Boulevard into the overall project scope. Mobility Committee Agenda Item #2 December 14, 2010 Page 3 of 3 RECOMMENDATION Staff recommends the affirmation of the Green option for Bonnie Brae Road between Vintage Boulevard and Willowwood Street and the inclusion of the expansion of Vintage Boulevard into the overall project scope. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Not applicable. FISCAL INFORMATION Not applicable . BID INFORMATION Not applicable . DATE SCHEDULED FOR COUNCIL APPROVAL Not applicable at this time. EXHIBITS 1.Schematic Location Map 2.Graham Associates Presentation for Public Meeting Respectfully submitted, Frank G. Payne, P.E. 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T� rb 1 i N,r � Po.�: � -- + l � � ��ALIGNMENTOPTIONS � FHOPOSEDBRIOGE ` OISPIP.CEOBULONt._-. '` •� �X �• `Y' . �t.'� . t}���t�t� �,I�•; LEGEND '.. •t' .r ._. �•�4Jt�y � � , FaoaasEOSONwEeaaESraeer exisriHCCReeKS � . 4 -'. ; ^ •' "" � � � � . '� ��'�,i �`` �- BONNIE BRAE STREET FIOOW�/nv � a ��' � �� �� _ + l7 y �i FROMU.S HIGHWAY3]] F � J' �IF 1 I' TO NTERS'ATEMGHWqY35E (OPTONGREENNEBFAES _____ FLOOWLAIN / ' � � t �j4 M1 `�. � L . .� ��� C TY OF OE TO TEXAS (OPTONBLUE) Eean[siREEi . I"—. __ -�� .. . ' - '�b°I��,4: ,�—IG h AS...t..��N Oa')SE� PONN E PRAE StREET EAs (OPTONRED) - � , . r � L•� ' iIF � DENTO THIS PAGE INTENTIONALLY LEFT BLANK DRAFT MINUTES 1 City Council Mobility Committee 2 Tuesday, December 14, 2010 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Chair of the Mobility Committee thereafter convened into a meeting on Tuesday, 6 December 14, 2010 at 2:15 p.m. in the City Council work session room, 215 E. McKinney 7 Street, Denton, Texas. 8 9 Present: Mayor Mark Burroughs Chair Pete Kamp 10 11 Absent: Council Member Dalton Gregory (excused) 12 13 Also Present: Mark Nelson, Director of Transportation; Howard Martin, ACM Utilities; Fred 14 Greene, ACM; Bryan Langley, CFO and Director of Strategic Services; Jim Coulter, Director 15 Water Utilities; P.S. Arora, Division Manager; Frank Payne, City Engineer; Noreen 16 Housewright, Engineer; Bob Tickner, Parks Planning Administrator; Bryan Langley, Director of 17 Finance; Linda Ratliff, Director of Economic Development; John Polster, ITS; Jeff Williams, 18 Graham Associates Inc.; Jim Wagnon, Graham Associates Inc.; Kevin St. Jacques, Freeze and 19 Nichols; Kim Mankin, Administrative Supervisor. 20 21 OPEN MEETING 22 23 1)Consider approval of the Mobility Committee of the Denton City Council meeting minutes of 24 October 12, 2010. 25 26 Minutes approved as circulated. 27 28 2)Receive a report, hold a discussion and make a recommendation with regard to possible route 29 and scoping adjustments to the Bonnie Brae Road Widening and Improvements project. 30 31 Frank Payne, City Engineer, stated that on October 19, 2010, City Council approved a contract 32 for Graham Associates for the Bonnie Brae Road Widening and Improvements project. This 33 project is moving forward with initial contacting of property owners. Some survey work 34 centered on the stretch between Bonnie Brae and Willowwood and Vintage Blvd. A public 35 meeting was conducted at Central Fire on November 17, 2010, property owners that were 36 affected by the project between Hwy 377 and I.H.35 E. Payne then introduced Jeff Williams 37 from Graham Associates for the PowerPoint Presentation that was given at that public meeting. 38 The project limits are 4.2 miles from I.H. 35E South to US 377. Phasing of the project is 39 anticipated. The initial Phase I will be from I.H. 35E to Vintage Blvd., and then from Vintage 40 Blvd. south to US 377, which could encompass more phases to move the project along. The 41 project scope will be to determine the best alignment and design a 4-lane divided roadway and 42 elevate the roadway and associated bridges above the 100-year flood plain. Graham Associates, 43 Inc. has been working with the City Staff to analyze three possible alignments. What is called 44 45 existing traffic flow during construction. This route also greatly reduces utility relocations and 46 Draft Minutes of the Mobility Committee Meeting December 14, 2010 Page 2 of 3 provides access to large undeveloped parcels of land. This route is the longest overall roadway 1 length and bridge crossing resulting in the most expensive construction cost. It also impacts an 2 extensive amount of bottomland hardwoods and Waters of the U.S. It has higher mitigation 3 4 the U.S. by following the existing alignment. There would be extensive amount of utility 5 relocations resulting in higher construction costs. This route would impact traffic flow during 6 construction the most. The blue route would have the most impact to existing homes, most 7 expensive right-of-way acquisitions. This would be a longer construction period in order to 8 9 avoid existing homes and also reduces impact to existing traffic flow. There would be less 10 impact to bottomland hardwoods and Waters of the U.S. resulting in shorter, less expensive 11 permitting process. This route is the shorter roadway and bridge crossing resulting in less 12 construction cost and minimizes utility relocations and also opens up undeveloped parcels of 13 land. The green route graded out higher than the red and blue routes based on overall cost, less 14 traffic impacts during construction, less impact to existing homes, permitting more favorable, 15 utility relocations reduced, and permitting and construction time is less. The green route was the 16 most favored in the public meeting. The next steps: field surveying has already started, 17 determine alignment by the end of the year, and begin working on right-of-way acquisition 18 beginning next year March or April time frame, and design and preparing construction plans will 19 take next year. Construction will begin between the end of 2011 to the beginning of 2012. 20 Payne stated that the atmosphere at the public meeting was congenial. The public meeting came 21 22 between $8 and $9 million. Burroughs asked what was the most significant down side to the 23 green route 24 25 approve the sale of bonds for participation in Vintage Blvd. One thing that has been a concern is 26 the affordability of this project particularly on the south end. The most logical first step is the 27 bridges between Willowwood and the Meadows, it is out where there would be nothing else 28 interrupted. le 29 inclusion of Vintage Blvd. Graham Associates have set up a project website that will be up 30 within the next few weeks. Chair Kamp stated that the Mobility Committee recognizes that the 31 32 33 3)Receive a report, hold a discussion and provide direction on the proposed Hickory Street 34 enhancements between Railroad Avenue and Bell Avenue to include but not be limited to 35 parking, lane configuration and sidewalks. 36 37 Mark Nelson, Director of Transportation, presented this item. This is actually an update on 38 phase 2 of the Downtown Denton Transit Center. The transit center is located east of the DCTA 39 rail line. Phase 2 was implementing some pedestrian access from the transit center to Bell Ave. 40 In relation to this, the recently approved Downtown Denton Implementation Plan (DTIP) 41 addresses sidewalks, streetscapes and downtown street networks directed at creating a 42 pedestrian-oriented, multi-functional and safe environment in the Downtown area. To that end, 43 the DTIP outlines development and implementation of certain design elements to be included in 44 45 Draft Minutes of the Mobility Committee Meeting December 14, 2010 Page 3 of 3 private street furniture, awnings, bus/emergency bulb, pedestrian lighting street lighting, and 1 street landscaping and shared travel lanes. Additionally, the DTIP specifically recommends 2 street side parking, either parallel or angled, be added along Hickory Street. We are on a tight 3 schedule. Construction is expected to begin in the late March, April timeframe. Burroughs 4 asked by the time June gets here and the transit station is completed, what would we anticipate 5 will be completed as far as any additional improvements. Nelson responded that he expects the 6 signalization and the crosswalks taken care of and some enhancement of the sidewalk. Payne 7 interjected that the DTIP recommendations for downtown are to have some bicycle 8 accommodations. Before staff puts paint to pavement they want to make sure they are not doing 9 something that has to be changed so they are working closely with the DTIP to make sure all is 10 coordinated. 11 12 4)ACM Report: 13 a)Texas Transportation Forum 14 b)Denton County Precinct 4 Task Force Meeting 15 c)Bicycle Plan Update 16 17 5)Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the 18 Mobility Committee of the Denton City Council or the public with specific factual 19 information or recitation of policy, or accept a proposal to place the matter on the agenda for 20 an upcoming meeting. 21 22 Update I-35 in January 23 Update the future of TxDOT 24 Update Mayhill 25 26 The meeting was adjourned by consensus at 3:00 p.m. 27 EXHIBIT3 MOBILITY COMMITTEE AGENDA ITEM #1 1 2 DRAFT MINUTES 3 4City Council Mobility Committee 5Tuesday, June 12, 2012 6 7After determining that a quorum of the Mobility Committee of the Denton City Council was 8present, the Committee convened into a meeting on Tuesday, June 12, 2012, at 1:35 p.m. in the 9City Council Work Session Room, 215 E. McKinney Street, Denton, Texas. 10 Present: 11Mayor Pro Tem, Pete Kamp, Committee Chair, Mayor Mark Burroughs, and 12Council Member Dalton Gregory. 13 Also Present: 14George Campbell, City Manager;Howard Martin, Assistant City Manager 15Utilities; Mark Nelson, Director of Transportation; Jim Coulter, Director Water 16Utilities; Emerson Vorel, General Manager Parks, Frank Payne, City Engineer; 17John Polster, Innovative Transportation Solutions (ITS); Nancy Cline P.E., Texas 18Department of Transportation (TxDOT); and Kim Mankin, Administrative 19Supervisor. 20 OPEN MEETING 21 22 3) 23Receive a report, hold a discussion and make a recommendation with regard to possible route . 24and scoping adjustments to the Bonnie Brae Road Widening and Improvements project 25 26Frank Payne, City Engineer, made the presentation. Payne stated that Bonnie Brae has been 27discussed a number of times and now has come down to actually needing to do something. 28Payne showed a layout of the roadway from US 377 to I-35E. Funding amount by fiscal year 29was discussed, $46.1 million of the funds are from the State, $9.5 million are City and $2 million 30are from Denton County Precinct 4 with a total project cost of $57.6 million. 31 32AFA includes roughly $48.7 million for construction of the entire project and $57.7 million 33overall. 34 35Most current cost estimate for improvements from Vintage to IH35E - $38 million. ROW costs, 36construction through UNT and other factors for project are expected to exceed preliminary 37estimated amounts. Not all resultant costs are known to date. Costs from Vintage south to US 38377 could easily eclipse $15 million or more. Residents south of Vintage oppose roadway 39widening. DENCO PCT. 4 Commissioner Andy Eads opposed removal of existing road 40improved by County between Vintage and US 377. 41 42The Mobility Committee endorsed the current route at the December 14, 2010 meeting. Also 43discussed was possible inclusion of Vintage Boulevard into the project with possible removal of 44the expansion of Bonnie Brae south of Vintage if project could not support initial scope and 45inclusion of Vintage Boulevard. The most current estimate for construction costs on Vintage 46from IH-35 W to US 377 is approximately $8.7 million. Denton County projected the cost for Mobility Committee Meeting Draft Minutes June 12, 2012 Page 2 of 5 1the same stretch of Vintage at $7.5 million with half provided by the City and half by Denton 2County Precinct 2. City share in overall project costs for Vintage expansion is equal to total 3costs minus Denton County contribution or approximately $5 million. 4 5Key factors affecting construction of the roadway through UNT is the hydraulic constraints of 6the railroad bridge, this causes flooding on the campus. The only way to get adequate capacity 7to achieve 100 year design on the roadway is to pay $1-2 million to improve the bridge. This 8directly benefits UNT Eagle Point Campus. The difference between $57.7 million overall 9budget and $38 million projected overall costs between IH-35E and Vintage is approximately 10 11improvements at UNT leaves approximately $12.7 million. 12 13Staff looked at the possibility of improving Bonnie Brae north of IH-35E to US 380 with the 14remaining funds (extents fit the goal of RTR projects from a TxDOT roadway to a TxDOT 15roadway). Preliminary opinion of probable costs for widening Bonnie Brae over this stretch is 16approximately $27.2 M. The $27.2 M needed far exceeds the $12.7 M that is available. 17 18Payne then showed a map of the Bonnie Brae Street and stated that there is approximately $3 M 19available in the street funds for Bonnie Brae reconstruction. The total costs for Bonnie Brae 20from I-35E to University, minus the construction costs from I-35E to just north of Scripture ($9.5 21M) is approximately $17.7 M. Minus the $3 M from streets, this means that there is 22approximately $14.7 M remaining to rebuild a portion of Bonnie Brae (North of Scripture to US 23380) and purchase all needed ROW in anticipation of future bond project for construction 24between Scripture and I-35E. If alternative funding can be found for culverts needed under the 25Kansas City Southern railroad at UNT campus, projected need of $14.7 M is almost exactly 26equal to remainder in project funding. 27 28The Options: 291.To affirm to staff the recommendation to use remaining funds to offset city funding on 30Vintage widening, to widen Bonnie Brae from US 380 to just north of Scripture and to 31purchase all ROW needed for widening between I-35E and just north of Scripture. 322. 33 34Staff recommends Option 1. 35 36Payne stated that assuming that this is passed, the time frame is fairly tight. The next step would 37be to be on the City Council agenda and approval on July 17, 2012. Transportation Improvement 38Plan (TIP) modification request to TIP team through ITS by July 27, 2012. Surface 39Transportation Technical Committee (STTC) Action September 28, 2012. Regional 40Transportation Council Action October 11, 2012. Project modification to TxDOT October 4123, 2012. Anticipated Federal Funding approval late December 2012 to early January 2013 42 43Emerson Vorel, General Manager Parks, stated that he is concerned. Parks owns a 200 acre 44piece of property on the south end of Bonnie Brae. Now the funds that were going to rebuild 45Bonnie Brae are being redirected to other projects with a higher priority. When the time comes 46to develop that property, Parks will be told that they need to fund a portion of Bonnie Brae. Mobility Committee Meeting Draft Minutes June 12, 2012 Page 3 of 5 1Vorel thinks that if these funds are being redirected there needs to be a memorandum in the file 2saying that street reconstruction would be a City project not a Parks project. 3 4 5 6of the configuration of the Parks property. 7 8Gregory asked to see that property on the map. Payne clarified that it has access to US 377, 9Vorel agreed. Kamp stated that is a legitimate request and Kamp stated that staff probably needs 10to talk to Anita Burgess, City Attorney, about how that can be accomplished. Gregory stated that 11there are a lot of moving parts. Gregory states he is good with not constructing Bonnie Brae 12south but redirecting money to widen Vintage. Gregory gets stuck with hoping that money 13comes from somewhere to take care of the flooding and not doing the culverts under the railroad. 14Payne stated that it is the intent to go to UNT and request funding participation because it will 15greatly relieve the flooding from the UNT campus. Kamp asked if it was $2 million. Payne 16answered $1-2 million. Gregory asked if UNT pays a drainage fee. Kamp answered they do not 17have to pay. Burroughs asked if this needs to be pressed because of the mutual benefit. The side 18benefits need to be identified. Payne stated that to keep in mind there have been programmed in 19significant cost to improve the signals and to do contra flow traffic routing. That would greatly 20improve traffic control on that side of the interstate during games. If we were to pull out all of 21that money out of the job, we would have to pay redesign, but the project could be funded and 22the culverts. Burroughs asked if that was pulled out whether it would have a negative impact on 23the traffic flow. Payne answered he believed it would. He believes that the roadways capacity 24will be superior to what they have now. Traffic control issues will never be solved by the 25capacity of Bonnie Brae, however the ability to switch from two lanes in and two lanes out to 26five lanes in and five lanes out would help but you still have to get traffic somewhere after you 27get them out. Burroughs stated that it would probably be best discussed before Council actually 28gives formal direction. A joint meeting with UNT with an item of what is going to be done long 29term about traffic flow. There could be several options laid out including this item. Payne stated 30that staff has talked to some of the personnel about the need to have a comprehensive traffic 31analysis on the campus south of I-35 looking at the growth. They are going through a new 32master plan update currently, we do not have any idea what that looks like but hitting timelines 33of facilities and when things are brought on line versus infrastructure. Payne thinks they have a 34lot going so the response was somewhat neutral. Burroughs thinks it will be neutral for a while 35because they do have a lot going on. The key is to be able to bypass the uncertainty of their own 36staff as to what direction they will have. To bypass would be for leadership to prioritize. If staff 37can get that, then maybe we can bypass neutrality on a lower level with some direction. If we 38are able to go through those mobility components during the projected five years to give a 39direction or a flow that the City is looking at. Imbedded in that is an immediate issue. Payne 40stated that staff has provided UNT a cost for a consultant to do the study that Burroughs is 41speaking about. Staff can build the roadway where it is right now without their help. Without 42the improvements it will not operate at the level that Payne believes with the amount of money 43being spent. Burroughs stated that is where the alternatives come in. 44 45Kamp stated that she agrees and understands the scope of the project. Kamp stated that there are 46some unanswered questions as far as funding. Burroughs can help immensely in that area. Mobility Committee Meeting Draft Minutes June 12, 2012 Page 4 of 5 1Kamp also stated that the funding clarification needs to be resolved before it goes to Council. 2Burroughs stated that we could say we are trying to get a margin of safety with commitments. 3We may not need the help but we want intent. Payne talked about why the timeline has been 4selected the way it has. It is something that has been coming along and has built momentum. 5The other CIP project that is driving this process is the construction of the large water line from 6McKenna Park all the way to Roselawn. Council will have a contract with the work from I-35 to 7Roselawn in the next few weeks. That will be in with the Bonnie Brae project. The problem is 8between I-35E and McKenna Park is the worse stretch to put in a water line. The conflicts are 9incredibly high. If you are going through and clear the ROW the options are suddenly a lot 10better and a lot cheaper. Gregory stated that the way this is being set up, there is a section of 11Bonnie Brae that is not addressed between Scripture and I-35. Gregory asked if this includes the 12ROW for this section, Payne answered it does. Gregory likes that staff will negotiate with UNT. 13 14the north project and not getting the water off the road. In 2007 when we had the flood there 15were only one or two roads in the City of Denton that you could go north and south. Gregory 16 17he road would fully 18flood. Our criteria states that one lane would be clear in each direction and the water would not 19be contained in the inlets. In this case it will back up around the inlets and it will flood a little 20more than a lane. It would not drain the water as effectively as it should. Water would be on the 21 22 23Polster asked if any of the numbers include accounting for any of the interest earnings. Payne 24stated that interest is being earned on $114 million of State funds and we have to have 25permission to use them. Polster stated that if it is a $2 million swing the interest earnings could 26be used for a cost overrun. They have been saying yes to this in the past. Payne stated that we 27do not want to submit any environmental modeling for our permits that indicate a different scope 28than the RTR scope without a commitment to that scope. We are ready to go on permitting on a 29lot of the roadway north of Vintage; our consultant is a little concerned that if we apply for that 30 31asking for today is permission to reprogram money from the State, we will not hear a confirmed 32response for six months, before that, staff will know for sure and our design will be further along 33to best know what the costs are and we will know if $11 or $2 million is needed. Gregory added 34that in the northern part between Scripture and Hwy 380, are we going from the current ROW to 35what ROW (width). Payne stated that the City already has the entire ROW except up at the 36corner by the shopping center. Rayzor Ranch has donated the ROW. 37cost participation from Rayzor Ranch but should see a few hundred thousand assuming they 38come through with the platting on the time frame. 39 40type of 41arterial. Payne agreed and stated 42 43Gregory reiterated he is concerned about the water on that road. He will vote for the TIP 44modification now, but hopes staff can find another way to pay for the flooding problem (ensure 45the 100-year design capacity of the road). Gregory may end up in Council voting against it. 46Payne assured Gregory that he would prefer from a design perspective to have the hydraulic Mobility Committee Meeting Draft Minutes June 12, 2012 Page 5 of 5 1capacity at the railroad rather than the signals. I 2UNT for cost participation in the railroad drainage issue, but if the signals have to be pulled they 3will be pulled. Kamp stated that she believes it is close enough that it can be worked out. 4 5The motion is to recommend to Council by Burroughs and seconded by Gregory. Vote 3-0 6 7With no further business to address, the Committee adjourned at 3:05 p.m. AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Economic Development Department ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the creation of a Tax Increment Reinvestment Zone for approximately 700 acres of land located north of Airport Road in the Citys industrially zoned area. BACKGROUND Rayzor Investments, property owners of approximately 700 acres of industrially zone land north of Airport Road requested the City consider forming a Tax Increment Reinvestment Zone (TIRZ) to help fund needed infrastructure. A TIRZ is a district in which public improvements are funded by the incremental increase in property tax revenues resulting from development. A base year is established, usually the year the TIRZ is formed, and participating taxing entities contribute a percentage of the amount of property tax revenue above the base year to the TIRZ fund. The City currently has a TIRZ for the Downtown area. The property owners indicated they would fund approximately $10 million in improvements and request the City provide a percentage of the new property tax generated within the TIRZ to reimburse their investment. The Economic Development th Partnership Board discussed this proposal several times, and at their June 5 meeting reviewed a business plan outlining several details of the proposal. The business plan is attached for your review. The plan provides information on: Existing conditions of infrastructure The purpose of a TIRZ How tax abatement agreements would impact a TIRZ Infrastructure costs projections Property tax revenue analysis TIRZ reimbursement assumptions TIRZ valuation and revenue projections TIRZ terms and conditions ESTIMATED SCHEDULE OF PROJECT If the City Council directs staff to move forward, a TIRZ could be formed by December 2012, setting 2012 as the base year for the TIRZ. Agenda Information Sheet Westpark TIRZ July 17, 2012 Page 2 PRIOR ACTION/REVI EW The Economic Development Partnership Board discussed the TIRZ at February 7, March 9, May 1, June 5 and July 10, 2012 meetings. recommendation by the Board is pending additional information. FISCAL INFORMATION Based on the pro-forma developed for the business plan, it is estimated that a 40% TIRZ, with participation of the City and Denton County, would generate approximately $13.8 million for infrastructure costs over a 20 year period. The City would retain 60%, or $14.8 million over that same period. The property owner has requested a 45% TIRZ participation. EXHIBITS Westpark Industrial Park Business Park TIRZ Proposal Respectfully submitted: _______________________________ Linda Ratliff, Director Economic Development Department - 2 - WESTPARK INDUSTRIAL PARK TAX INCREMENT REINVESTMENT ZONE (TIRZ) PROPOSAL Economic Development Department City of Denton July 17, 2012 BUSINESS OPPORTUNITY The WestPark Business Park is the largest industrially zoned property within the City of Denton. There are approximately 650 acres available for development and only a limited number of smaller industrial tracts (20-30 acres) in the area. The City of Denton has been approached by the current property owner (the Rayzor family) with a proposal to invest approximately $10 million in needed public infrastructure so that the property can be developed. The property owner has requested an opportunity to recoup their investment through the establishment of a Tax Increment Reinvestment Zone (TIRZ). The improvement of this property will make it more marketable for industrial users. Without site ready property, individual businesses will be required to add costly infrastructure improvements in order to locate here. In discussing the infrastructure needs with previous industrial prospects, the cost of needed infrastructure outweighs any incentive the City has to offer. EXISTING CONDITIONS WestPark has four existing city streets (see map below): Jim Christal (red), which runs east/west WestParkRoads through the park Oak Street (orange), which connects Jim Christal to I-35 Western Boulevard (blue), which runs north/south. Precision Drive (yellow), which connects to Airport Road, just east of Peterbilt. Jim Christal and Western Blvd. are not built to current Mobility Plan requirements. In addition, Jim Christal and Western Blvd. currently do not have water or wastewater services. Of the 650 acres, only one 27 acre tract has sufficient infrastructure to support a business location. However, this one site will be required (by Code) to extend the utilities along the frontage of the site, and depending upon the traffic impact of the project, may be required to build one or more lanes of Western Blvd. TAX INCREMENT REINVESTMENT ZONE (TIRZ) What is a TIRZ? A TIRZ is a defined area where public infrastructure improvements are deemed necessary to promote development. The costs of the improvements to the area are repaid by the contribution of future tax revenues. Specifically, each taxing entity may choose to dedicate all, a portion or none of the tax revenue that is attributable to the increase in property values. The additional tax revenue that is received from the affected properties is referred to as the tax increment. A TIRZ Board is appointed by the City Council to administer TIRZ funds and projects. The board membership must include representation of other participating taxing entities. CHP Sites. The proposed WestPark TIRZ would include an additional layer of consideration as it pertains to the potential location of a Combined Heat & Power (CHP) facility. The City of Denton wishes to recruit high energy customers of electric, gas, steam and chilled water commodities to the industrial park. Certain tracts within the proposed TIRZ boundaries have been identified as preferred CHP customer sites. These sites will be reserved for CHP customers for a period of 36 months, and a percentage of the revenues generated by these sites will be allocated to the TIRZ Fund if (a) occupied by CHP customers or (b) occupied by non-CHP companies that the City Council has approved for TIRZ funding. At the end of the 36-month term, the City and property owner will assess the interest and activity in the CHP identified tracts. The City and the property owner may negotiate the size and location or even the elimination of the conditions set on CHP land at that time. The actual location of the CHP facility will be determined when the first CHP user is identified. The location of the facility may contribute to changes in the selection of CHP tracts. Tax Abatements in the TIRZ. TIRZ legislation allows taxing entities (other than school districts) to both offer a tax abatement to the property owners in the zone and to participate in TIRZ contributions. Any agreement to abate taxes on real property within a TIRZ must be approved by the board of directors of the zone and by the governing body of each taxing unit that agrees to deposit any of its tax increment into the tax increment fund. If a taxing entity enters into a tax abatement agreement, the taxes that are abated will not be considered in calculating the tax increment of the abating entity or that entity’s deposit into the tax increment fund. Example: The City commits to participating in a TIRZ at 40% of the incremental tax revenue. Company ABC will locate only if given a 50% tax abatement for 5 years. The company’s annual property tax valuation is $50 million. Scenario – no tax abatement City’s property tax City’s 60% TIRZ 40% revenue on $50 M $344,875 $206,925 $137,950 Scenario – with 50% tax abatement City’s property tax Business tax abatement City’s 60% after TIRZ 40% after revenue on $50 M 50% abatement abatement $344,875 $172,438 $103,462 $68,975 In the abatement scenario, the business pays property taxes on 50% of the value, saving them revenue of the $172,438 in taxes. Their payment of $172,438 is captured in the annual totalTIRZ, of which 40% would be allocated to the TIRZ Fund and 60% would be allocated to the City’s General Fund. Once the tax abatement agreement expires, the full amount of property tax revenue would be included in the 60%/40% calculations. INFRASTRUCTURE COSTS PROJECTIONS The property owners provided the following estimates for road, water, wastewater and drainage improvements to be completed in two phases (Table 1). In our last discussion with the property owners, they indicated they may combine both Phase I and II as one project, excluding the improvements to Precision Drive. Table 1: INFRASTRUCTURE COST PROJECTIONS PHASE I Jim Christal and Oak Street paving, drainage, water, wastewater from I- $4,831.104 35 to Western Blvd. Western Blvd. water, sewer, drainage $1,145,257 TOTAL PHASE I $5,976,361 PHASE II Western Blvd paving from Jim Christal to Airport Road $2,126,906 Precision Drive paving, drainage, water and wastewater from Oak $2,638,109 Street to Airport Road. TOTAL PHASE II $4,765,015 TOTAL PROJECT $10,741,376 PROPERTY TAX REVENUE ANALYSIS The property owner provided the tax revenue analysis in Table 2 below, which represents valuation at full build-out. The property owner estimates it will take 25 years to reach build-out. In a May 2012 conversation, we were informed the increase in land valuation was not included in the analysis. Staff researched current land assessed and market valuations and learned that the property has a current market value of $7,065,057. However, due to the Ag exemption, the 2011 assessed value is $157,070. Although the property owner indicated the value of the land could increase as much as $1 per square foot, staff elected to capture one-half of that amount to remain conservative in our projections. Table 2: PROPERTY TAX REVENUE ANALYSIS AT BUILD-OUT Acres to EstimatedEstimatedEstimatedCity Tax CountyTotal DevelopBldg SF Value/SFValueRevenueRevenueRevenue Industrial 236.18 4,115,200 $30.00 $123,456,010 $850,612 $338,269 $1,188,881 Rail- 180.72 3,148,865 $30.00 94,465,958 650,870 258,837 909,707 Served Mixed Use 219.49 2,390,246 $100.00 239,024,610 1,646,880 654,927 2,301,807 Land 636.39 $0.50 $13,860,574 95,603 38,443 134,046 TOTALS636.399,654,312$470,807,152$3,243,965$1,290,475$4,534,440 TIRZ REIMBURSEMENT ASSUMPTIONS: Revenues from residential and multi-family development will not be included in the TIRZ. TIRZ valuation and revenue projections assume that only 30% of the above “Mixed Use” valuation and revenues will be derived from non-residential development. Total estimated valuation for “Mixed Use” is $239,024,610 at build-out. Revenue projections are based on 30% of this value, or $71,707,383. Assume 25-year build-out with 1/25 of Estimated Value added each year. th Assume 20-year TIRZ. Assume Business Personal Property (BPP) equals 40% of Estimated Value. Assume 2% growth in valuation each year. Assume Denton County participation in TIRZ. TIRZ VALUATION AND REVENUE PROJECTIONS Table 3: TIRZ VALUATION AND REVENUE PROJECTIONS ImprovementBPPLandTotalCityCountyAnnualCumulative Year ValuationValuationValuationValuationRevenueRevenueTIRZTIRZ 1 $11,585,173 $4,634,069 554,423 $16,773,665 $69,418 $27,914 $64,888 $64,888 5 47,035,803 18,814,321 2,772,115 85,165,867 352,459 141,728 329,458 985,864 10 106,120,187 42,448,075 5,544,230 170,656,118 706,260 283,996 660,171 3,625,293 15 165,204,570 66,081,828 8,316,345 256,146,370 1,060,062 426,264 990,884 7,918,286 20 $224,288,953 $89,715,581 $11,088,460 $325,092,994 $1,345,397 $541,001 $1,257,599 $13,800,846 The property owner proposes the County participate in the TIRZ. The TIRZ Valuation and Revenue Projections table (above) assumes City and County participation at 40%. Total City TIRZ contribution is estimated at $9.84 million and County TIRZ contribution is estimated at $3.36 million. Cumulative net revenue to the City is estimated at $14.76 million and cumulative net revenue to the County is estimated at $5.94 million. REIMBURSEMENT TERM The property owner’s proposal included the following reimbursement scenario: 1.Each year, the property owner would receive a payment from the TIRZ Fund equal to 40% of the incremental revenue, less any TIRZ administrative expenses incurred. (Based on the TIRZ Valuation and Revenues Projections above, the TIRZ revenue would reach $10 million in year 17.) 2.At such time that the annual revenue from the TIRZ exceeds an amount sufficient to retire TIRZ bond debt, the property owner requests the City sell TIRZ bonds to reimburse the property owner. In this way, the property owner would receive the full reimbursement sooner than by simply receiving the annual revenue throughout the term of the TIRZ. To sell bonds in the amount of $10 million, an annual revenue stream of approximately $1 million is needed. Assuming the above projections are accurate, revenues exceeding $1 million will be generated in year 16, at which time the annual TIRZ reimbursement payments will have totaled approximately $9 million. It would be possible to issue bonds in amounts less than $10 million in earlier years of the TIRZ. For example, in year 12, the TIRZ will have collected $5 million. Based on the current projections, annual TIRZ revenue in year 12 would equal $792,456. It may be possible to issue $5 million in bonds to reimburse the property owner at that time. Timing, interest rates and debt payment terms would have to be considered if bonds are sold. Bonds cannot be sold for terms that exceed the useful life of the improvements. KEY THRESHOLDS AND CONDITIONS OF THE TIRZ 1. In order to establish a base year for the TIRZ, the zone should be created by December Base Year. 31, 2012. 2. The TIRZ revenue will be collected on incremental increases above the 2012 20 Year TIRZ. valuation in years 2013 through 2032 (20 years). 3. Annual payments from the TIRZ Fund will be paid to the property owner, Reimbursement Initiated. once the minimum improvements have been completed. 4. are defined as Phase I and Phase II improvements, excluding Precision Minimum Improvements Drive items. 5. The City intends to construct a CHP facility to assist in the Combined Heat & Power (CHP). attraction of large industrial customers. Specific tracts within the property have been identified as suitable and desirable for CHP customers. These tracts will be reserved for CHP customers for a period of 36 months, after the completion of the Minimum Improvements. The CHP tracts total approximately 275 acres. At the end of the 36-month term, the City and property owner will assess the interest and activity in the CHP identified tracts. The City and property owner may negotiate the size and location or even the elimination of the conditions set on CHP land at that time. The actual location of the CHP facility will be determined when the first CHP user is identified. The location of the facility may contribute to changes in the selection of CHP tracts. Property tax revenue resulting from businesses located in the CHP tracts may CHP Tract Conditions: be included in the TIRZ if: a.The business is a CHP customer, or b.The City Council determines that the benefit of the location of the business outweighs the need to reserve the land for future CHP users. INCENTIVES FOR BUSINESSES LOCATING AT WESTPARK Participation in a TIRZ will impact the City’s ability to provide tax abatements to companies that may locate within the boundaries of the TIRZ. As explained on page three of this report, TIRZ law allows the participating taxing entities to offer tax abatements, with conditions. The TIRZ Board, City Council, and County Commissioners (if participating) must all approve abatement requests. It is staff’s recommendation that the property owner be included in this approval process, as an abatement would result in less revenue being allocated to the TIRZ Fund. It is recommended that a condition of the TIRZ require that all stakeholders – City, County and property owner – must agree that an abatement is necessary in order to close the sale of land and construct the project. Staff recommends that abatements be limited to no more than 50% within the TIRZ. CONCLUSION The WestPark TIRZ Proposal establishes perimeters, thresholds of improvements, terms and conditions for the City, County, and property owner. Should the estimated development schedule be accelerated, the TIRZ could end in less than 20 years. If the County declines to participate, the City may want to consider establishing a 30-year TIRZ, or encourage the property owners to ensure that a more aggressive development schedule is implemented in order for them to receive full reimbursement. AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Utility Administration UTILITIES ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Receive a report, hold a discussion and give staff direction regarding adoption of an ordinance of the city of Denton, Texas, revising the fats, oils, and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to Utilit Sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting Article XII  Liquid Waste, Divisions 1, 2, 3, and 4. BACKGROUND Fats, oils, and grease (FOG) are a major contributor to Sanitary Sewer Overflows (SSOs) during the dry weather conditions and thus contribute to preventive maintenance costs for the City of Denton. Over the last four years, 24% of SSOs that occurred within the City from 2007 through 2010 were caused by grease blockages. Additionally, numerous grease chokes require maintenance to clear in order to prevent a SSO from occurring. Implementing a FOG Control Program serves to reduce both the number of SSOs within the service area and the annual preventive maintenance costs due to FOG. The main focus of a Fats Oils and Grease (FOG) Control Program is to prevent the pollutants from entering the sanitary sewer thereby reducing the need to employ costly reactive approaches. In order to achieve the desired results, a FOG Control Program should be comprehensive in nature. This means controlling commercial sources, such as food service establishments (FSEs), car washes, auto repair shops, but also tracking all disposals by liquid waste hauling companies, and incorporating outreach for citizens and commercial facilities. At this time, Dentons Code of Ordinances contains very few requirements for the control of FOG discharges, and the provisions are distributed throughout the Code. For this reason, several Departments within the City of Denton oversee one or more component(s) identified as an integral part of controlling FOG discharges to the sanitary sewer. We propose to consolidate the majority of local requirements for generators and transporters into Chapter 26. Specifically, it is recommended to repeal Sec. 26-190 that includes the requirements for grease trap installation and maintenance, and Sec. 26-191 that includes the requirements for transport and disposal of grease laden wastes, into Article XII of Chapter 26. In addition the Article XII establishes the responsibilities of the generator and transporter, and provides for enforcement actions in case of a violation of the ordinance by the generator or transporter. The City of Denton currently tracks grease trap maintenance at food facilities on a volunteer basis. Information is gathered from both waste haulers and restaurants when they agree to do so. The current Code of Ordinances, Sec. 26-190 requires treatment units for all wastewater containing FOG, and that the treatment units are properly maintained. There is no definition for properly maintained; therefore, the current program only allows for enforcement of maintenance requirements after a facility has caused interference in the collection system. There is currently no requirement for frequency of trap maintenance, and only about 50% of traps are being pumped once per year according to voluntary reporting. After researching several municipal FOG control programs and looking over literature, the industry consensus accepts use of what is known as the 25% rule. This allows that a trap or interceptor works efficiently to control grease discharges to the sanitary sewer until the effluent side of the trap contains 25% or more solids of the wetted height of the trap. If a trap contains more than 25% solids in the effluent chamber, efficiency is grea increased FOG discharges to the sewer. Staff presented to the PUB the draft proposed changes to the Fats, Oils and Grease (FOG) provisions on January 9, 2012. Based on the discussions with staff, the PUB recommended that staff first present the proposed changes to a focus group comprising of restaurant, car wash, and auto repair shop owners. Then conduct the proposed public meeting with all grease trap and grit trap owners. Gather all of the comments received from the focus group and the public meeting and bring it back to PUB for further discussion. As such, a small focus group meeting and two public meetings were organized. The focus group meeting was held on February 16, 2012, and the two public meetings were conducted on March 22, 2012, one at 9 a.m. and one at 2 p.m. Announcements for the focus group were made through direct contact by phone and hand-delivered letters. The two subsequent public meetings were advertised in several ways, including an announcement slide that was prepared and distributed to DTV, DCTV and El Matador; a news item posted to the citys websi sent to notice subscribers; posts made to both facebook and twitter; a robocall sent to grease and grit trap owners; and a direct-mail postcard delivered to grease and grit trap owners. Six businesses attended the focus group meeting in February, and a total of 15 businesses attended one of the two public meetings held in March. The majority of questions and concerns focused on the sizing and installation requirements related to the Building Code. Staff explained that this Ordinance does not affect those items, but that Industrial Pretreatment Program staff will work closely with Building Inspections as part of the proactive program. A few additional questions were posed regarding how staff will conduct education, administration, and enforcement, and the answers provided by City staff appeared to adequately resolve these questions. The main concern raised during the public meetings that required further attention and a modification to the draft Ordinance involved the provisions for grit trap maintenance frequency. A sampling study that was conducted at car washes by City staff concentrations of solids and metals being discharged into the sanitary sewer collection system. Car wash owners expressed that during the past several years, the chemicals used at car washes have changed substantially, and that the volume of water used varies greatly by season and weather. Additionally, car wash owners were not aware of any incidents where car wash discharges caused blockages in the sanitary sewer system. Thus, a request was made to revisit the maintenance frequency for car washes. In response, the Industrial Pretreatment Program conducted a sampling study at nine local car washes. The sampling results did show substantial improvement in the quality of the wastewater over the 2007 study. Using the sampling data, information about operations at the car washes and the grit trap performance, the draft Ordinance was revised to include an on demand pumping frequency for grit traps when businesses employ best management practices to ensure compliance with all local discharge requirements. This revision was communicated to the concerned parties, and they were all in agreement with the changes. These comments and the amended FOG ordinance were then presented 2012, and the PUB recommended approval of the FOF ordinance. A summary of the modified proposed provisions to Article XII of Chapter 26 are as follows: For Liquid Waste Generators: Must meet all Pretreatment Standards and Requirements in Chapter 26, Article V 200 mg/L oil and grease o 5.0 to 12.5 pH o No interference or pass through o Requirement to service grease traps on a specified schedule At a minimum of once every 90 days o Increased frequency as necessary to meet all discharge requirements o Includes a waiver provision to decrease pumping frequency to 180 days o Requirement to service grit traps by one of two options Once every 180 days; o Or as necessary to meet all discharge requirements as long as the stated best o management practices are conducted Application of the 25% rule At any time the percent solids in the effluent side of a treatment unit cannot o exceed 25% of the wetted height. Record keeping Manifests must be obtained each time a trap is serviced o Manifests must be kept on site for a minimum of three years o Right of entry for inspections Sec. 26-161 o Grease disposal practices Grease must be removed by a licensed and permitted hauler and di o accordance with all state requirements Traps must be completely evacuated o Washwater disposal practices Must contain, collect, and dispose of washwater by approved means o Protect the storm sewer system o Use approved methods for treatment o Accurately measure the volume diposed o Prohibition of using additives in lieu of treatment/maintenance unless authorized in writing Enforcement actions to remedy noncompliance For Liquid Waste Transporters: Requirement to obtain a permit for each vehicle Usage of City of Dentons manifest Reporting requirements for each serviced trap Five part manifest established through septic hauler program o One part will be returned to Pollution Control Abatement Officer o Prohibition of disposing of liquid waste at unauthorized locations Will allow for future disposal of grease wastes at PCWRP Enforcement actions to remedy noncompliance Staff values the suggestions and input received during the various meetings with business owners and believes that the draft Ordinance, as presented, reflects the concerns of the affected business community, as well as the best approach to reduce sanitary sewer overflows and public health concerns caused by FOG. RECOMMENDATION Staff recommends approval of the recommendation to adopt the updates to the FOG ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) January 9, 2012: Staff presented the draft proposed changes to the FOG program provisions to the PUB for discussion. June 11, 2012: PUB recommended approval of the amended FOG ordinance to the City Council FISCAL INFORMATION No additional fiscal impacts beyond the funding established for current fiscal year operations are anticipated. BID INFORMATION None EXHIBITS 1.FOG Ordinance 2.Power Point Presentation 3.Comments received from Grease & Grit Trap owners & Staff Responses 4.PUB Minutes Respectfully submitted: Assistant Director Wastewater Prepared by: Heather Goins Pretreatment Program Manager EXHIBIT1 ORDINANCE NO. 2012-________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REVISING THE FATS, OILS AND GREASE CONTROL PROVISIONS CONTAINED IN CHAPTER 26 OF THE DENTON CODE OF ORDINANCES, RELATING TO UTILITIES, AND HEREBY REPEALING SECTIONS 26-190 AND 26-191 OF THE DENTON CODE OF ORDINANCES; AND HEREBY ADOPTING ARTICLE XII  LIQUID WASTE, DIVISIONS 1, 2, 3 AND 4; PROVIDING FOR THE PURPOSE AND POLICY OF THE ORDINANCE; PROVIDING FOR THE APPLICABILITY AND PROHIBITIONS OF THE ORDINANCE; PROVIDING F DEFINITIONS PROMULGATED IN SECTION 26-153 OF THIS CHAPTER; PROVIDING FOR OTHER DEFINITIONS; PROVIDING FOR INSTALLATIONS OF GREASE TRAPS FOR NEW FACILITIES AND EXISTING FACILITIES; PROVIDING FOR RESPONSIBILITIES OF PERSONS SUBJECT TO THE ORDINANCE; PROVIDING THE REQUIREMENT OF A PERMIT; PROVIDING FOR MANIFEST REQUIREMENTS FOR PERSONS WHO GENERATE, COLLECT, AND TRANSPORT GREASE INTERCEPTOR AND GRIT TRAP/OIL WASTE; PROVIDING FOR RESPONSIBILITIES FOR EACH GREASE INTERCEPTOR OR GRIT-TRAP/OIL SEPARATOR THAT IS PUMPED; PROVIDING FOR ABATEMENT OF VIOLATIONS; PROVIDING THAT THE ASSISTANT CITY MANAGER OF UTILITIES MAY SEEK ANY AND ALL ENFORCEMENT REMEDIES NECESSARY TO ENSURE CONTINUED COMPLIANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A MISDEMEANOR PENALTY NOT TO EXCEED $2,000 PER DAY FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A CIVIL PENALTY NOT TO EXCEED $5,000 PER DAY FOR VIOLATIONS OF THI ORDINANCE, TOGETHER WITH OTHER DESIGNATED LEGAL AND EQUITABLE REMEDIES THAT ARE AVAILABLE TO THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore recently enacted Ordinance No. 2011-103 on st the 21 day of June, 2011 relating to the discharge of wastewater to the publicly-owned treatment works as prescribed in Article V of Chapter 26 of the Denton Code of Ordinances; and the City Council, by this ordinance, is revising the Fats, Oil and Grease control provisions which are included in the Denton Code of Ordinances to create a Fats, Oil and Grease (FOG) Control Program, and WHEREAS, the main focus of a FOG Control Program is to prevent the pollutants from entering the sanitary sewer thereby reducing the need to employ costly reactive approaches; said program is designed to control commercial sources, such as food service establishments, track all disposals by liquid waste hauling companies, and conduct outreach for citizens and commercial facilities; and WHEREAS, this ordinance provides for the 25% rule which is the industry consensus; said 25% rule states that a trap or interceptor works efficiently to control grease discharges to the sanitary sewer until the effluent side of the trap contains 25% or more solids of the wetted height of the trap; if a trap contains more than 25% solids in the effluent chamber, efficiency is greatly decreased, thus allowing for increased FOG discharges into the sewer; and Page 1 of 16 WHEREAS, the Public Utilities Board of the City of Denton, Texas has considered this proposed ordinance at an open meeting on the 11th day of June, 2012 and recommended approval of the ordinance by a vote of five members for approval, and none against; and WHEREAS, the Staff has previously conducted a public meeting on this proposed ordinance on the 22nd day of March, 2012 to obtain the input of residents and to answer any questions or concerns about said proposed ordinance, after notice was duly posted for the same; and WHEREAS, the City Council of the City of Denton finds the proposed amendments to Article XII. of Chapter 26, of the Code of Ordinances to be in the best interest of the residents of the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 26-190 Wastewater discharges requiring traps and Section 26- 191, Wastewater discharge from transport trucks of Division 3, Use of Public Sewers, Article V, Indirect Discharge Into Sanitary Wastewater System, Chapter 26 Utilities, of the Code of Ordinances, City of Denton, Texas, are hereby repealed. SECTION 2. Article XII, entitled Liquid Waste of Chapter 26, Utilities, of the Denton Code of Ordinances, is hereby enacted by the Denton City Council, which provisions provide for the following: Article XII. LIQUID WASTE DIVISION I. GENERALLY 26-304 Purpose and Policy. 1)This ordinance sets forth uniform requirements for liquid waste generators and liquid waste transporters operating in the City of Denton and enables the cit applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) 2)The objectives of this Article are: a)To aid in the prevention of sanitary sewer overflows resulting from blockages and obstructions due to the accumulation of fats, oils, and greases from commercial and industrial facilities, b)To promote the proper maintenance of grease interceptors and grit traps; and, c)To ensure the proper handling, disposal, transport and tracking of trap waste and other liquid waste. Page 2 of 16 26-305. Applicability and Prohibitions. 1)This ordinance shall apply to all Users of the Publicly Owned Treatment Works (POTW), as defined in Section 26-153 of this Chapter. 2)Grease traps or grease interceptors shall not be required for residential users. 3)Facilities generating fats, oils, or grease as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate grease traps as required in Section 26-307 of this Chapter. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels, motels, schools, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption. 4)It shall be unlawful for a user to intentionally or unintentiona petroleum oil, non-biodegradable cutting oil, mineral oil, or any fats, oils, or grease of animal or vegetable origin into the POTW in concentrations greater than those promulgated in Article V, Chapter 26, of the City of Denton Code of Ordinances. 5)It shall be unlawful to discharge trucked or hauled pollutants, except as deemed suitable and at discharge points designated by the Assistant City Manager  Utilities. 6)It shall be unlawful for a person to create a public nuisance. 26-306. Definitions. 1)The definitions promulgated in Section 26-153 of this Chapter are hereto applicable. Approved - 2) means accepted as satisfactory under the terms of this article and given formal and official sanction by the City of Denton. Assistant City Manager - Utilities - means the chief executive officer of the utility department of the City of Denton or his/her authorized deputy, agent or representative. Car Wash  means establishments primarily engaged in cleaning, washing, and automotive vehicles, such as passenger cars, trucks, vans, and trailers and are categorized by North American Industry Classification System number 811192 and by Standard Industrial Classification number 7542. Chemical Oxygen Demand (COD) - means the value of the test for Chemical Oxygen Demand, as analyzed in accordance with 40 CFR §136.3. Director - means the Director of Water Utilities of the City of Denton, which may include a person appointed by the Director of Water Utilities or his autho representative. Disposal  The discharge, deposit, release, injection, dumping, spilling, leaking, or placing of any liquid waste into or on any land or water so that such waste or any constituent thereof Page 3 of 16 may enter the environment, be emitted into the air or discharged to any sewers or waters, including ground waters. Disposal Site  A permitted site or part of a site at which liquid waste is processed, treated, and/or intentionally placed into or on any land and at which the closure. Disposer  A person who receives, stores, retains, processes, or disposes of liquid waste. Fat, Oil, and Grease (FOG) - means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as grease or greases. Food Service Facility - means every food preparation and food service establishment including, but not limited to bakeries, bars, butcher shops, cafes, clubhouses, delicatessens, ice cream parlors, hospitals, hotels, restaurants, schools, or similar places where meat, poultry, seafood, dairy products, or fried foods are prepared, served, or offered for sale, but shall not apply to any single-family residence or dwelling not used for the commercial preparation and sale of food items. Generator - means any person who causes, creates, generates, or otherwise produces liquid waste, or a person who for any reason has a liquid waste removed from his property by a transporter of liquid waste. Grease Interceptor (or Grease Trap) - means a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. Grease Interceptor Waste - means any organic, inorganic, greasy or fatty liquid, semi- liquid, and/or solid wastes collected by and removed from a grease trap. Grit Trap/Oil Separatoror Grit Trap) ( means a watertight receptacle designed and constructed to intercept and prevent the passage of petroleum based oil, grease wastes and solids into the sanitary sewer system to which the receptacle is directly or indirectly connected. Grit Trap Waste - means oil and grease waste, inorganic solids generated by a commercial facility that are collected by and removed from a grit trap. Liquid Waste  means water-borne solids and liquids containing dissolved or suspended waste material including but not limited to septage and wastes from grease traps and grit traps. Page 4 of 16 Hazardous Waste  means any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics may: a.Have any of the following characteristics; toxic, corrosive, and irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness; b.Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the administrator, U.S. Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by the: Resource Conservation and Recovery Act of 1976 and may be amended in the future. Manifest  means the written multi-part documentation required to be in the transporter enabling disposal of hauled grit trap waste, grease trap waste, and septage at a permitted or registered disposal site. Manifest System - means a system consisting of a five-part trip ticket used to do generation, transportation and disposal of liquid waste. Person - means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. Public Nuisance - means the discharge or exposure of grease, sewage or other organic waste in such a way as to be a potential instrument or medium in disease transmission to a person or between persons. Septage  means liquid waste and sludge containing sufficient liquid content, which is removed from a portable toilet, chemical toilet, septic tank, or cesspool. Septage does not include non-domestic wastes from commercial or industrial facilities. TCEQ  means the Texas Commission on Environmental Quality, and its predecessor and successor agencies. Transporter  any person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30 Texas Administrative Code, Chapter 312, Subchapter G, Section 312.42. Trip Ticket  means the shipping document originated and signed by the transporter that contains the information required by the approving authority. Washwater  means the water-borne solids, liquids, gaseous substances or other residue and debris resulting from a washing or cleaning process. Washwater shall not be discharged to the storm sewer, and may require pretreatment before being discharged to the sanitary sewer. Page 5 of 16 Washwater operation  means any cleaning process generally conducted outdoors, such as washing vehicles, equipment, structures, or paved surfaces for maintenance, safety, aesthetic or stormwater pollution prevention purposes, and which generates washwater. Examples would include cleaning of petroleum products from parking lots or service station drives, mobile washing operations or equipment/vehicle washing, which does not drain to a grit trap. DIVISION 2. LIQUID WASTE GENERATORS 26-307. Installations. 1)New Facilities. a)Food processing facilities or food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate and maintain a grease trap in accordance with locally adopted plumbing codes or other applicable ordinances. Grease traps shall be installed and inspected prior to issuance of a certificate of occupancy. b)Facilities which perform washing, cleaning, or servicing of automobiles, trucks, buses, or similar equipment which are newly proposed or constructed with floor drains in areas of operation, shall be required to design, install, operate and maintain a grit trap/oil separator in accordance with locally adopted plumbing codes or other applicable ordinances and guidelines as required by the Assistant City Manager  Utilities. Grit traps/oil separators shall be installed and inspected prior to issuance of certificate of occupancy. 2)Existing Facilities. a)Existing grease traps or grit traps/oil separators must be opera accordance with the manufacturers recommendations and in accordance with these standards referenced herein, unless specified in writing and approved by the POTW. Other commercial users may be required by the Assistant City Manager - Utilities to install an approved grease trap, grit trap/oil separator when the concentration of oil, grease waste or suspended solids is greater than concentrations promulgated in Article V, Chapter 26 of the City of Denton Code of Ordinances or when discharges may cause blockages in the wastewater collection system. b)Existing food processing or food service facilities that change in ownership, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist or where there is an inadequately sized grease interceptor, shall be required to design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes, or other applicable ordinances. Grease interceptors shall be installed and inspected prior to the issuance of a certificate of occupancy and a health permit. Page 6 of 16 c)Existing facilities which perform washing, cleaning, or servicing of automobiles, trucks, buses, or similar equipment with floor drains in the areas of operation that change in ownership, or are expanded or renovated to include floor drains in areas of operation shall be required to design, install, operate and maintain a grit trap/oil separator in accordance with locally adopted plumbing codes, or other applicable ordinances. Grit traps/oil separators shall be installed and inspected prior to the issuance of a certificate of occupancy. 3)A generator shall install a sample port to allow access to sample the wastestream as close as possible to the connection with the city sanitary sewer main within the bounds of the facility property. The port shall be installed according to the specifications of the Assistant City Manager  Utilities. The port shall be installed and maintained at the users expense. The port shall be installed perpendicular to the effluent flow to allow visual observation and sampling. 4)Grease interceptors and grit traps/oil separators shall be insta certificate of occupancy. No person or persons shall allow the use of a single interceptor or trap by more than one business as defined by a certificate of occupancy without prior approval. 26-308. Responsibilities. 1)A generator of liquid waste shall have all liquid waste material picked up from his premis by a liquid waste transporter who holds a valid permit from the city, and the liquid waste shall be transported to an approved site for disposal. 2)Cleaning Schedule. a)Grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of that the discharge is in compliance with local wastewater discharge limits; and, to ensure that no visible grease is observed in the discharge. b)Grease interceptors shall be completely evacuated at a minimum of every ninety (90) days, or more frequently when: i)Twenty-five percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; ii)The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant established by the Assistant City Manager  Utilities; or, iii)If there is a history of noncompliance. 3)Grit traps/oil separators shall be completely evacuated based on one of the two following schedules: Page 7 of 16 a)At a minimum of every 180 days, or b)At a frequency determined by the owner/operator if all of the fo practices are employed: i)At a minimum of once per week, all facilities with a grit trap must routinely check and perform preventive maintenance as required on all connections, valves, hoses, chemical storage containers, drains, and other equipment necessary to prevent an accidental release or slug discharge of chemicals. ii)At a minimum of once per month, all facilities with a grit trap must routinely check the level of sediment in each grit trap in order to determine a maintenance schedule that will facilitate consistent compliance with all discharge limits and requirements. iii)All self-service and coin-operated car wash facilities must post an area that is clearly visible, directing customers not to dispose of oils or chemical wastes at the facility. iv)All facilities must document the best management practices, including routine checks, preventive maintenance and repair logs, and grit trap maintenance records for a minimum of three years. v)If at any time, the above practices are not being employed or the required documentation is not available for review, the owner/operator will be required to perform maintenance on the grit trap(s) immediately and once every 180 days thereafter. 4)Any person who owns or operates a grease interceptor may submit to the Assistant City Manager  Utilities a request in writing for an exception to the required pumping frequency of the grease interceptor. The Assistant City Manager  Utilities may grant an extension for required cleaning frequency on a case-by-case basis when: a)The grease interceptor owner/operator has demonstrated the specific interceptor will produce an effluent with no visible grease, and based on defensible analytical results, can demonstrate consistent compliance with established local discharge limits such as BOD, TSS, FOG, or other parameters as determined by the POTW; and, b)Less than 25 percent of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases. 5)In any event, a grease interceptor or grit trap/oil separator shall be fully evacuated, cleaned, and inspected at least once every one hundred eighty (180) days. The Assistant City Manager  Utilities may also require traps to be serviced on a single event basis or schedule basis if deemed necessary for proper operation of the grease interceptor or grit trap/oil separator. Page 8 of 16 6)In the event that the establishment ceases operation, the establishment is required to pump the interceptor or trap before abandoning the property. If the owner of the business fails to empty the interceptor or trap, it shall become the responsibility of the property owner. 7)A generator of liquid waste shall not have hazardous waste or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit. 8)A generator shall verify the accuracy of the trip ticket from the transporter and then legibly complete and sign the trip ticket, to certify the statements on picked up by the transporter. The generator shall keep a copy of all trip tickets for a period of three years at the site of generation, unless otherwise approved. The Assistant City Manager  Utilities may inspect and copy these records at any time. 9)A generator shall: a)Provide equipment and facilities of a type and capacity approved by the city; b)Locate the interceptor or trap in a manner that provides ready and easy accessibility for cleaning and inspection; and c)Maintain the trap in effective operating condition. d)Not install or utilize any system, process or pretreatment involving the use of enzymes, bacteria, or other additives, nor alter the design or function of the grease interceptor or grit trap/oil separator unless approved in writing by the Assistant City Manager - Utilities. e)Supervise proper cleaning and complete removal of the contents of the trap. 10)A generator shall maintain the grease interceptor or grit trap/oil separator and its surrounding areas in sanitary conditions, free of litter and odors. 11)A generator shall immediately report spills and accidents involving liquid waste to the Assistant City Manager  Utilities. 12)A generator shall clean up all spills and abate all unsanitary c have material used for abatement, such as absorbent materials, disposed of by approved means and in a timely manner. 13)A generator of washwater or other liquid waste shall: a)Contain, collect and dispose of liquid waste by approved means; b)Protect the storm sewer system and the environment from discharges of liquid waste or other contaminants; c)Use approved methods for on-site or mobile treatment of liquid waste; and, Page 9 of 16 d)Accurately measure, by approved means, the volume of liquid waste collected and disposed of by the transporter. 14)Rates for sampling and/or analysis. Should any sampling and/or analysis be required by City Staff pursuant to any provision in this ordinance provided for generators, then the published rate for Sampling/Analysis Charges that is contained in the annual City of Denton Wastewater Rate Ordinance, Schedule SEE (Equipment Services Facilities and Restaurants & Food Services Establishments Wastewater Service) is applicable and will be charged and shall be paid by the generator. DIVISION 3. LIQUID WASTE TRANSPORTERS 26-309. Permit Required. 1)Permit Required. All persons owning or operating a vacuum truck, cesspool pump truck, liquid waste transport truck or other vehicle shall not service any septic tank, seepage pit, grease interceptor, grit trap/oil separator, or cesspool without first having received a valid transport truck discharge (TTD) permit or as required in Section 24-69 of this Code, whichever is applicable. 2)Permit Fee. TTD permits shall be issued by the Assistant City Manager  Utilities upon proper application and payment of a fee established by the city council and on file in the office of the city secretary. All TTD permits shall be valid for one (1) year. 3)Unloading or discharge of waste or wastewater. It shall be unlawful for any person to unload or discharge waste or wastewater except in a manner and at a place as specified by the Assistant City Manager  Utilities. Before discharging under a TTD permit, the Assistant City Manager  Utilities may require the person holding such permit to furnish a sample of the contents of the material to be discharged as a prerequisite to discharging into the wastewater system. The Assistant City Manager  Utilities may refuse permission to discharge abnormal strength wastewater into the wastewater system. 4)Rates for discharge. Any person discharging waste under a TTD permit under the provisions of this section or under section 24-69 of this Code, will be charged and shall pay disposal fees based on the applicable published rate for disposal contained in the current City of Denton Wastewater Rate Ordinance in Schedule SCH (Schedule for Septage & Chemical Toilet Disposal at the Pecan Creek Water Reclamation Plant Septage Transfer Facility), or under the current City of Denton Solid Waste Rate Ordinance in Schedule SWP (Collection and Transportation Services Permit). 5)Rates for sampling and/or analysis. Should any sampling and/or analysis be required by City Staff for any service provided for in a TTD permit, then the published rate for Sampling/Analysis Charges that is contained in the annual City of Denton Wastewater Rate Ordinance, Schedule SEE (Equipment Services Facilities and Restaurants & Food Services Establishments Wastewater Service) is applicable and will be charged and shall be paid by the holder of the TTD permit. Page 10 of 16 26-310. Manifest Requirements. 1)Persons who generate, collect, and transport grease interceptor and grit trap/oil separator waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include: a)Name, address, telephone, and TCEQ registration number of transporter; b)Name, signature, address, and telephone of the person who generated the waste and the date collected; c)Type and amount(s) of waste collected or transported; d)Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste; e)Date and place where the waste was deposited; f)Identification (permit or site registration number, location, and operator) of the facility where the waste was deposited; g)Name and signature of the facility on-site representative acknowledging receipt of the waste; h)The volume of the waste received; i)A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported. 2)Transporters shall obtain manifests from the City of Denton. 3)Manifests shall be divided into five parts and records shall be maintained as follows. a)One part of the manifest shall have the generator and transporter information completed and is given to the generator at the time of waste pickup. b)The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest. One part of the manifest shall go to the receiving facility. One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste. One part of the manifest shall be returned by the transporter to the person who generated the wastes within fifteen (15) days after the waste is received at the disposal or processing facility. One part of the manifest shall go to the City of Denton Pollution Control Abatement Officer. Copies of manifests returned to the waste generator shall be retained for three years and be 4) readily available for review. Page 11 of 16 26-311. Responsibilities. 1)Each grease interceptor or grit trap/oil separator that is pumpe unless the trap volume is greater than the tank capacity on the vacuum truck in which case the transporter shall arrange for additional transportation capa evacuated within a twenty four (24) hour period, in accordance with 30 Texas Administrative Code, Chapter 312, Section 312.143. DIVISION 4. Abatement of Violations 26-312. Enforcement actions. 1)Notice of Violation. When the Assistant City Manager - Utilities finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Assistant City Manager - Utilities may serve upon that generator or transporter a written notice of violation. Within the timeframe specified in this notice, which is usually but not always ten days, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Assistant City Manager - Utilities. Submission of this plan in no way relieves the generator or transporter of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this sectio Assistant City Manager - Utilities to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. 2) Administrative Orders. a)Compliance Orders. When the Assistant City Manager - Utilities finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city manager - utilities may issue an order to the generator or transporter responsible for the discharge directing that the generator or transporter come into compliance within a specified time. If the generator or transporter does not come into compliance within the time provided, sewer service may be discontinued or a permit issued pursuant to this Chapter may be revoked. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the generator or transporter of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the generator or transporter. b)Cease and Desist Orders. When the Assistant City Manager - Utilities finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the generator's or transporters past Page 12 of 16 violations are likely to recur, the Assistant City Manager - Utilities may issue an order to the generator or transporter directing it to cease and desist all such violations and: i)Immediately comply with all requirements; and ii)Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. 3)Service of notice or order. Any notice or order issued under this article shall be in writing and served in person or by registered or certified mail on the generator or transporter of the liquid waste or other persons determined to be responsible for such violation. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the generator or transporter. 4)Appeals. Any person may appeal an order of the Assistant City Manager - Utilities by filing a written notice of appeal with the Assistant City Manager - Utilities on forms provided by the Utilities Administration Office. Such notice of appeal shall be service of the order. 5)Termination of service and revocation of permit. If no timely appeal is filed, the Assistant City Manager - Utilities may, if a violation is continuing or reoccurring or may reoccur, terminate wastewater service or revoke the permit of the person ordered to correct or abate such violation if such violation has not been corrected or abated within the time specified in such order. 6)Emergency suspension of service. a)Suspension. The Assistant City Manager - Utilities may, without prior notice, suspend water service, sanitary sewer service and/or storm sewer access discharging to the sanitary sewer or storm sewer when such suspension is necessary in the opinion of the Assistant City Manager - Utilities to stop an actual or threatened discharge which: i)Presents or may present imminent substantial danger to the envir provided by the health or welfare of persons; ii)Presents or may present imminent substantial danger to the POTW, storm sewer or waters of the state; or iii)Will cause pass through or interference of the POTW. b)Notice of suspension. As soon as is practicable after the suspension of service, the Assistant City Manager - Utilities shall notify the user or the person discharging to the wastewater or storm sewer of the suspension, and order such person to cease the discharge immediately. Page 13 of 16 c)Reinstating service. The Assistant City Manager - Utilities shall reinstate suspended services to the wastewater user or to the person discharging to the storm sewer: i)Upon proof by such person that the non-complying discharge has been eliminated; ii)Upon payment by such person of its outstanding water, sewer and stormwater utility charges; iii)Upon payment by such person of all costs incurred by the city in responding to the discharge or threatened discharge; and iv)Upon payment by such person of all costs incurred by the city in reconnecting service. d)Written statement. Within five (5) days of the day of suspension wastewater user or the person discharging to the storm sewer shall submit to the Assistant City Manager - Utilities a detailed written statement describing the cause of the discharge and the measures taken to prevent any future occurrence. 7)Right to hearing. A person whose service has been suspended under this section may apply to the department which suspended service for a hearing on the issue of the suspension. The hearing shall be conducted in accordance with subsection (9) of this section. 8)Other steps. If a person fails to comply with a notice or order issued under this section, the Assistant City Manager - Utilities shall take such steps as it deems necessary to prevent or minimize damage to the storm sewer, POTW or waters of the state, or to minimize danger to persons. Such steps may include immediate severance of a person's sanitary sewer connection. 9)Hearing and determination. a)An environmental appeals committee is hereby established and authorized to hear and decide appeals from any order issued by the Assistant City Manager - Utilities pursuant to this article. The committee shall be composed of three (3) members appointed by the city manager. No individual appointed to the committee shall be employed in the chain of command of the Assistant City Manager - Utilities. b)The committee may call and hold hearings, administer oaths, receive evidence at the hearing, and make findings of fact and decisions with respect to administering its powers in this chapter. c)Upon the hearing, the committee shall determine if there is substantial evidence to support the Assistant City Manager - Utilities determination and order. The decision of the committee shall be in writing and contain findings of fact. If the committee, determines that there is substantial evidence to support the determination and order of the Assistant City Manager - Utilities, the committee shall, in addition to its decision, issue an order: Page 14 of 16 i)Requiring discontinuance of such violation or condition; ii)Requiring compliance with any requirement to correct or prevent any condition or violation; or iii)Suspending or revoking any permit issued under this article. iv)In any decision and order issued by the committee, the order shall specify the time in which the compliance with the order must be taken. A copy of the decision and order shall be delivered to the appellant or person to whom the order is directed in person or sent to him by registered or certified mail. d)Should the appellant fail to comply with the order of the committee within the time specified therein, if any, the Assistant City Manager - Utilities, in addition to any other remedy provided for in this article, may terminate sewer service to the appellant. 26-313. Penalties. 1)A person who violates any provision of this article shall, upon conviction by the municipal court, be punished as provided in section 1-12 of the "General Provisions" chapter of this Code. 2)The city attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent jurisdiction. Such relief may include: a)An injunction to prevent a violation of this chapter; b)Recovery for damages to the POTW or storm sewer resulting from a violation of this chapter; c)Recovery for expenses incurred by the city in responding to a violation of this chapter; d)A daily civil fine of up to the maximum provided by Texas Local Government Code 54.017 (b) for a violation of sections 26-304 through 26-311; and all other damages, costs and remedies to which the city may be entitled. Page 15 of 16 SECTION 3. It is hereby declared to be the intention of the City Council of the City of Denton, Texas, that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portion despite any such invalidity. SECTION 4. Any person who shall violate any provision of this ordinance, or fails to comply therewith or with any requirements thereof, or a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a daily fine not to exceed two thousand dollars ($2,000) per day and subject to a daily civil penalty not to exceed the sum of five thousand dollars ($5,000) per day. Each such person shall 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 or adjudication of any such violations such person shall be punished within the limits above. SECTION 5. This ordinance shall become effective fourteen (14) days from its passage. 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 ____ day of ______________, 2012. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ___________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________ Page 16 of 16 �nnual ��unt o� �5�s Ss��ount Rainf�ll�In} Rair7fall ��S�D Caui7t 12� .............................................................................................................. ...... __.. . _ _......................................................... . _ _................................................................................................................................................. 60 *1�4]-year st�rm April �QQJ 1�� B� 6{1 4�] ............ . . . . ........... 5�] ........... 4 0 ........... 3fl 20 20 ...... .._. .. .. .._ .................. _. ..................... .................... .._.._ . ......... � _............. .. _. ....................... . ........................ � _. _.............. ......................, ......... i�] +� --�— T--� - , (i �001 �oo� �o�;� ��o� �oo� �oo� �oo� �ooa �n�� �oio A� n�r u a I�10 I u r�r� e of SSl'� s �S�Yolurr�e (�al� Fi�inf�ll (In} Rainfall ,� 55D Voluire 6fla��{1,�]t1U S�RiJfl�],iJ�O�] 4{1aU(](]p�]17!] ������a'��'� L V f1i��p'V V V 1'V flJl)�..V�LV V *1�-year storm Apri I 2�i {7 � 4�,. .. �r , � ��f_��- � ' L� ' � . � 2001 Z0�2 2��3 2�0� Z�05 2D06 20�7 2��8 ?0�9 E�ct��t�rdin�r� ��� �rolu�e i�p�rv�+�m�ri� 6l7 50 40 �� L� 10 � � 201�] count S�S�D �aunt k�y Caus�e ■ IJI ■�reasef Edackage Other - Pi�e �efect, Pativer �uta�e, C:antractar, etc 7� .................................................................................................................................................................... _ ..........................................................................................,...............,......_ _......................................................................................... 6 0 ................................................................. 5 0 ................................................................. � � ....................................................... 30 �0 10 0 �7 � �� ............................................................................................................................................................._..........._...,...,.............................................................................................. 2001 2f]10 /š’’;“·­w;-;zÝ;75Ò©z“mCš-Ò­D©šÒ¦a;;·z“m“7ÞštÒ,Œz-a;;·z“m­w;m©7z“mChD5©E· h©7z““-; Concernswereraisedregardingsizingandinstallationrequirements,includingtheuseofdevicesthat usenewtechnology. CitystaffexplainedthatsizingandinstallationrequirementsfallundertheBuildingInspections processandapprovalprocedures,although,IndustrialPretreatmentProgramstaffhasbeen coordinatingwithBuildingInspectionsandwillcontinuetoworkcloselywiththemduringthis process. Onequestionaddressedhow,when,andwhowilldeterminewhenaneworreplacementgreasetrap willberequired. Citystaffexplainedthatthiswillbedeterminedonacasebycasebasis.Staffwillfirstworkwith theowner/operatortoachievecompliancewiththeequipmentthatisinplace.Staffdoes expecttofindsomeexistingtreatmentunitsindisrepairasproactiveinspectionshaverecently beenimplemented,butthiswillmostlikelybeasmallnumberofunits. Oneownercommentedthathewasabletocoordinatewithconstructionbeingperformedbythecityin ordertominimizeinstallationcosts. Onetransporttruckhaulercommentedthattherequirementsfortransportersareverysimilartowhat severalothercitiesarealreadyimplementing. Duringoneofthepublicmeetings,onepersonaskedhowmanypeopleatthemeetingwererelatedto carwashoperations. Itwasdeterminedthat2ofthe7attendeeswerefromcarwashoperations. Therewasaconcernraisedfromthecarwashownersabouttheminimalimpactofcarwashgrittrap dischargesonthefats,oils,andgreaselevelsinthesewerandwhygrittrapsmaintenancerequirements wereequivalenttogreasetrapmaintenancerequirements. CitystaffstatedthatasamplingstudyconductedatcarwashesinDentonduring2007showed highconcentrationsofheavymetalsandsolids.Thesepollutantscanhaveanimpactonthe wastewatertreatmentplantandourbiosolidscompostingoperations. Theownersandoperatorsofcarwashesassertedthatthechemicalsandprocessesusedatcarwashes havechangedsubstantiallyoverthepastseveralyearsandrequestedthatcitystaffreevaluatethe dischargesfromcarwashes. Oneattendeeaskedabouttheageandsizeofthesewerlinesspecificallyintheolderlocations,suchas thesquareanddowntownareas. Citystaffrespondedthatsomesewerlinesmaybealmostonehundredyearsold,butmanyare fiftyyearsoldorless.Thecityimplementsanimprovementplantoconstantlyassessand evaluatetheneedforrehabilitationorreplacementofsewerlines. Anotherquestionwasconcernedwithwhatdepartmentstructuresfeesforliquidwastetransporters. SolidWasteDepartmentisresponsibleforpermittingandestablishingfeesfortransportersat thistime. Oneattendeeaskedabouthowthismayrelatetoautomechanicshops. Citystaffrepliedthatmanyhaveoil/waterseparatorsorgrittrapsonsitewhichwillbesubject totheproposedordinance,ifapproved,whichrequiresa180daypumpoutfrequency. Therewasaconcernraisedaboutpeoplethatchangetheirautomobileoilathomeandwhathappensif thatoilisspilledordumped. Citystaffexplainedthatishandledthroughthestormwaterdivision,CodeEnforcement,andin somecasestheFireMarshallOffice.Dumpingofthisnatureisillegal. Therewasaquestionabouthowaviolationwillbeaddressed. Staffrespondedthatownersandoperatorswillhave10workingdaystoresolvetheviolation, unlessthereisaspecificproblemthatmayneedadditionalattention,andmaybeissueda noticeofdeficiencyornoticeofviolation.Wewillbegoingslowthroughtheresolutionprocess andwillbeworkingwitheachcustomerastheprogramevolvesandgrows.Structuralproblems willbeworkedoutwithBuildingInspectionsandmayrequiremoretimeforresolution. Onerestaurantownerexpressedthathewashavingpersistentplumbingissuesuntilheincreasedhis greasetrapmaintenancefrequencytoonceevery60days.Theincreasedpumpingfrequencyresolved theplumbingproblems. ItwaspointedoutthatConsumerHealthisrequiringcopiesofmanifests,andthattheproposeddraft ordinancemaycausesomeredundancy. Citystaffrepliedthatthetransporters,nottrapownersandoperators,arenotrequiredto reportundertheprovisionsofthedraftordinance,andthattheywillworkwithConsumer Healthtoresolvetheissue. Onepersonaskediftherewasadefinitionofcarwashintheordinanceasseveralfacilitiesmayhave areaswheretherewerevehicles,butthatisnotthereprimarybusiness. Citystaffagreedthatwasanunintendedomissionandwillbecorrected. EXHIBIT4 MINUTES 1 PUBLIC UTILITIES BOARD 2 3 June 11, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, June 11, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Phil Gallivan (arrived at 9:35), Leonard Herring, 11 Barbara Russell, John Baines and Randy Robinson 12 13 Absent  Excused: Billy Cheek 14 15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 16 ITEMS FOR INDIVIDUAL CONSIDERATION: 17 18 19 3)Receive a report, hold a discussion and consider a recommendation of an approval of the 20 updated Ordinance revising the Fats, Oils and Grease (FOG) and related specialized waste 21 control provisions included in the City of Denton Code of Ordinances. 22 23 P.S. Arora, Wastewater Division Manager, made the introduction to the FOG presentation 24 speaking about the focus group and the public meetings. 25 Heather Goins, Pretreatment Program Manager, made the PowerPoint presentation. 26 Goins stated that staff presented to the PUB the draft proposed changes to the Fats, Oils and 27 Grease (FOG) provisions on January 9, 2012. This Board recommended meeting with the Focus 28 Group prior to the Public Meeting and then to bring back the comments from both meetings. 29 30 The focus group meeting was held on February 16, 2012. Businesses in attendance were Beth 31 Maries Old Fashioned Ice Cream, Wing Stop, Fremauxs Metropolitan Catering, Wendys Old 32 Fashioned Hamburgers, Sand Trap Services, and McDonalds. Staff presented the proposed 33 ordinance updates at that time. The questions and comments from the Focus Group mainly 34 focused on the sizing and installation requirements related to the Building Code. Staff explained 35 that the proposed Ordinance update does not affect those items. 36 37 The two public meetings were conducted on March 22, 2012, at 9 a.m. and at 2 p.m. in the Silver 38 Eagle Suite of the UNT University Union Building. Public meetings were advertised in several 39 ways, including an announcement slide that was prepared and distributed to DTV, DCTV and El 40 Matador; a news item posted to the citys website; an e-mail not 41 subscribers; posts were made to both facebook and twitter; a robocall sent to grease and grit trap 42 owners; and a direct-mail postcard delivered to grease and grit trap owners. The meetings drew 43 seven attendees in the morning and eight attendees in the afternoon that represented car washes, 44 restaurants, and auto repair facilities. The same information disseminated during the focus group 45 was presented by City staff. Questions were raised by the attendees regarding installation 46 requirements, the age of the Citys collection system, how businesses will be notified of the new 47 requirements, how compliance issues will be managed, and why car wash grit traps were Minutes of the Public Utilities Board Meeting June 11, 2012 Page 2 of 3 1 included in the ordinance. The answers provided by City staff appeared to resolve the attendees 2 concerns, except for the requirements for grit trap maintenance at car wash facilities. Car wash 3 owners requested to revisit the maintenance frequency for car washes. Staff agreed to do 4 sampling at the car washes. 5 6 Industrial Pretreatment Program conducted a sampling study at nine local car washes. The 7 sampling results did show substantial improvement in the quality 8 2007 sampling study. Using the sampling data, information about operations at the car washes 9 and the grit trap performance, the draft Ordinance was revised to include an on demand pumping 10 frequency for grit traps when businesses employ best management practices to ensure 11 compliance with all local discharge requirements. 12 13 Results from the public meeting were: acceptance of the grease trap maintenance requirements as 14 proposed, and revision of the proposed ordinance requirements for the grit trap maintenance. 15 Revision was communicated to the concerned parties, and they were all in agreement with the 16 changes. 17 18 Goins concluded by stating all Pretreatment Standards and Requirements must be met. 19 - 200 mg/L oil and grease limit 20 - 5.0 to 12.5 pH 21 - No interference or pass through 22 23 24 The requirements for grease traps are: 25 - a minimum of once every 90 days 26 - increased frequency as necessary to meet all discharge requirements 27 - waiver provision to decrease pumping frequency to 180 days 28 29 The requirements for grit traps are: 30 - once every 180 days; 31 - or as necessary to meet all discharge requirements as long as the stated best management 32 practices are conducted 33 34 Application of the 25% rule 35 - At any time the percent solids in the effluent side of a treatment unit cannot exceed 25% of the 36 wetted height 37 - Record keeping 38 - Manifests must be obtained each time a trap is serviced 39 - Manifests must be kept on site for a minimum of three years 40 41 Right of entry for inspections has been established in Sec. 26-161. 42 Grease disposal practices states that grease must be removed by 43 and disposed of in accordance with all state requirements. Traps must be completely evacuated. 44 45 Washwater disposal practices talks about containing, collecting, and disposing of washwater by 46 approved means. This is to protect the storm sewer system. Minutes of the Public Utilities Board Meeting June 11, 2012 Page 3 of 3 1 They are to use approved methods for treatment. Accurately measure the volume disposed of. 2 Prohibition of using additives in lieu of treatment/maintenance unless authorized in writing. 3 Enforcement actions to remedy noncompliance are also built in. 4 5 For Liquid Waste Transporters: 6 - Requirement to obtain a permit for each vehicle 7 - Usage of City of Dentons manifest 8 - Reporting requirements for each serviced trap 9 - Five part manifest established through septic hauler program 10 - One part will be returned to Pollution Control Abatement Offic 11 12 Prohibition of disposing of liquid waste at unauthorized locations reminds the truckers they 13 cannot open a manhole and dispose of the waste. 14 This will allow for future disposal of grease wastes at PCWRP. 15 There will be enforcement actions to remedy noncompliance for ha 16 17 Staff recommends approval by PUB of the recommendation to adopt the updates to the FOG 18 ordinance to the City Council. 19 20 Arora stated that this item will go to the City Council on July 17. Russell asked if those affected 21 by this had a chance to see the ordinance. Arora answered yes. 22 23 Baines asked if the car wash owners concerns were satisfied. Arora answered they were. 24 Herring asked if Arora felt like this was a better ordinance with the changes. Arora answered it 25 is. Discussions with the car wash owners and other business owners felt it was better as well. 26 Board Member Russell made the motion to approve Item 1, second by Board Member 27 Robinson. Vote 5-0 28 29 Smith stated that the next few items are budget related. If any Board Member has any 30 questions, today would be the day to ask them. 31 32 33 34 Adjournment 10:05am CITY OF DENTON CITY COUNCIL MINUTES June 5, 2012 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 5, 2012 at 3:00 p.m. in the Council Work Session R PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Member Roden ABSENT: None 1. Citizen Comments on Consent Agenda Items There were no comments from citizens. 2. Requests for clarification of agenda items listed on the agen There were no requests for clarification from Council Members. 3. Receive a report, hold a discussion, and give staff direction regarding the preliminary 2012-13 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. Bryan Langley, Chief Finance Officer, presented the preliminary 2012-13 budget, capital improvement program and five year financial forecast. Overview and Purpose  The overview and purpose of the presentation was to (1) review the adopted 2011-12 budget and long-term financial plan for the General Fund, (2) review the preliminary 2012-13 five year financial forecast for the General Fund, (3) discuss strategic considerations in the development of the upcoming budget, (4) review the preliminary GO debt service, utility fund budgets, and other key information and (5) outline next steps in the budget process. Langley reviewed the 2011-12 budget by fund with the General Fund the one most closely reviewed. He also reviewed the adopted 2011-12 General Fund Long Term Plan. It assumed a 3% increase in ad valorem taxes in 2013 and a 4% each year thereafter. It also included a one cent tax increase in 2014-15. Fund Balance Reserves  the beginning fund balance level was approximately $1.3 milli than previously forecasted in the 2011-12 budget. It was expected to remain above the target level over the planning horizon. The reserve target was revised in 2010-11 in response to conversations with bond rating agencies. The revised targets were approved as part of the 2010- 11 budget. General Fund Revenue Components, changes in Sales Tax Collections, Sales Tax Collection History, Sales Tax Projections, Appraised Values, and Appraised Value Distribution were reviewed. Appraised Values - in 2009, Council endorsed a plan to increase the over 65 property tax exemption in $5,000 increments. The goal was to achieve a $50,0 City of Denton City Council Minutes June 5, 2012 Page 2 14. Accordingly, a $5000 increase in the over 65 exemption level was anticipated in 2012-13. Preliminary Appraisal District information indicated most properties would have minimal or no increase in value for Denton County. Future appraised value growth estimates assumed a moderate economic recovery. Property tax rate - Denton's tax rate was comprised of two components; operations and maintenance which was deposited into the General Fund. GO Debt Service was deposited into the GO Debt Service Fund. There was no tax rate increase planned for 2012-13. Other key revenues - administrative cost transfers were expected to increase by approximately $1.2 million in 2012-13 due to a recent cost allocation plan study. It was designed to recover General Fund costs associated with services provided to other funds. The General Fund Franchise Fees were expected to decline by approximately $314,00 Interest income was expected to remain extremely low due to unusually low interest rates. General Fund Expenditures  Langley provided information on General Fund expenditure components. The largest component was for personal services. The General Fund budget by department was also reviewed. Prior Reductions  in 2009-10 approximately $1.2 million in reductions were incl adopted budget. The 2010-11 General Fund budget included approx reductions compared to initial forecasts. In 2011-12, the majority of the costs saving measures done in 2010-11 were retained. For 2012-13, the intent was to maintain most of the prior reductions made in 2010-11 and 2009-10. Vacancy Management Plan - the equivalent of 22 positions were not funded in 2010-11. T equivalent of 14 positions was not funded in 2011-12. While a specific group of vacant positions was initially targeted, the purpose of the plan was to manage to a total savings amount rather than a set of positions. The Vacancy Management Program would be continued in 2012-13 but the savings and number of positions had yet to be determined. Compensation  2010-11 did not include any merit increases for employees. 2011-12 included a 2% merit increase for employees. 2010, 2011, and 2012 budgets also included normal Step increases for Police/Fire Civil Service. For 2012-13 a 1% cost of living adjustment and a 3% merit increase for employees was planned. Staff also expected to begin paying the full actuarial rate to TMRS. General Fund Supplemental Packages - over $9.0 million in supplemental packages were submitted to the City Manager for consideration in the General Fund. Over the coming weeks, the City Management Team would review the requests and make funding recommendations. Only $1.0 million was expected to be allocated each year for supplemental packages in the five- year financial forecast. Summary of 2013 Assumption - Appraised Value Growth would be at 3%; Sales Tax Growth would be at 3%; compensation would be at 1% COLA and 3% merit; the Tax Rate would have no change and remain at $0.6897; future bond sales for the Gener $11.6 million. Compensation also included eligible Step increases for Police/Fire in the 2012-13 proposed budget. City of Denton City Council Minutes June 5, 2012 Page 3 Strategic Plan Review - Council approved the Strategic Plan in April 2011. The intent of the Strategic Plan was to (1) focus and enhance the budget process, administrative decision-making was based on a proactive approach, and (3) link the organizational direction to the city's established vision, mission and values. Supplemental packages would be evaluated and funded in the context of the approved Strategic Plan. Strategic Plan - Key Focus Areas  the five key focus areas included organizational excellence, public infrastructure, sustainable economic development & environmental stewardship, safe, livable, and family friendly community, partnerships and regional leadership. A review of the goals associated with the key focus areas was presented. Information on the preliminary 2012- 13 General Fund long term plan was also presented. Street Maintenance - street maintenance issues included (1) the OCI rating of streets in Denton had deteriorated over the past several years, and (2) the current level of street maintenance funding was insufficient to maintain the current OCI rating. Ap spent on maintenance activities but at least $10 million was needed on an annual basis to prevent further decline. Enhanced Capital Improvement Program was also required on an annual basis to maintain OCI rating. Street Improvement Fund - to address street maintenance issues, a standalone street improvement fund was created in 2011-12 to separately account for street maintenance activities. Funding for Street Maintenance activities was increased by transferring increases in the franchise fee revenue compared to 2010-11 and by transferring interest cost savings from the Utility Funds as a result of the issuance of COs instead of Utility System Revenue Bonds. Street impact fees may also be considered in the future as well. Including the funding noted, the total street improvement fund proposed budget would be approximately $7.8 million in 2012-13. It was also expected that voters would be asked to approve a $20 million street reconstruction bond package. GO Debt Service Fund- no tax rate increase was planned for General Obligation Debt Service Fund. Appraisal growth assumptions mirrored those in the General Fund. Staff was recommending issuing $7.5 million in Certificates of Obligation in 2012-13 to be used for vehicle replacements and facility improvements, the Animal Adoption Center and to complete the Public Safety Training Facility at City Hall East. A $20 mi Program was proposed for 2012-13 which would be sold over five years. $9.0 million in COs was also planned to be issued for the City's required match on B in 2013-14. Future size and timing of additional GO bond elections would be dependent on economic factors; however, a $50 - $60 million year five program may be possible in 2015-16. Other Major Funds  The Public Utilities Board was still in the process of reviewing the financial plans for all utility funds. When possible, capital projects were delayed to minimize rate increases. Major impacts on 2012-13 operating budget, CIP and five year financial forecasts included the replacement of a larger percentage of aging infrastructure with revenue and a significantly larger 5 year CIP program than anticipated in the last fiscal year. Proposed budgets were subject to the following risks that might affect financial performance: (1) inflation of materials, chemicals, and fuel, (2) aging infrastructure, (3) water supply, (4) reserve targets, and (5) debt coverage ratios. City of Denton City Council Minutes June 5, 2012 Page 4 The following strategies and objectives were developed to strengthen the financial integrity of each utility: (1) phase-in the replacement of aging infrastructure with current revenue funding and reduce reliance on debt financing (2) reach and maintain sufficient reserve fund; (3) maintain water and wastewater impact fee reserve balances at $1 million for each utility, (4) maintain water and wastewater development plan line reserve balances at $1 million per Council Resolution 91-008, (5) create a $1 million drainage reserve in wastewater fund and (6) maintain debt coverage ratio of 1.25 or better for each utility. Electric Fund - no base rate increase for electric utility customers was proposed for the 2012-13 budget. An accelerated CIP program would have a significant imp foreseeable future. 11.5 new FTEs were recommended. Major 2012-13 CIP projects were detailed and it was noted that the five year CIP debt issuance would approach $190 million. Water Fund  a 3.0 FTE increase was proposed. Originally a 9.5% rate increase for 2012-13 was contemplated with 5.0% and 8.0% rate increase options presented to the PUB to consider for 2012-13. Major 2012-13 CIP projects were detailed. Wastewater Fund- 3.0 new FTEs, 1.5 FTEs in Industrial Pretreatment, and 0.5 FTE Watershed Protection were proposed. A 12% rate increase for 2012-13 was originally contemplated. However, a 6.0% and 9.0% rate increase options were presented to the Public Utilities Board for consideration. Major 2012-13 CIP projects were reviewed. Solid Waste Fund - curbside recycling services were brought in-house in 2012 due to a net lower cost than private services. Eight new FTEs were proposed for 2012-13. Residential and commercial rate increases were proposed for 2012-13. Major 2012-13 CIP projects were reviewed. The overall monthly rate impact was reviewed which were based on preliminary estimates. The Public Utilities Board would provide rate recommendations in June. Tourism and Convention Fund  the Hotel Occupancy Tax Committee had discussed the preliminary budget process for HOT Funds. The intent was to minimize an increase in funding for the various organizations supported by HOT funds. The goal was to increase the fund balance and create a future capacity for CVB/Convention Center related costs and services. Langley concluded with a review of the next steps in the budget process. It was projected that th final budget approval would be at the September 11 Council meeting. Following the completion of the Work Session, the Council convened in a Closed Session to discuss the following: 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code, Section 551.071 1.Consult with and provide direction to City's attorneys regarding issues and strategies associated within the City limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory City of Denton City Council Minutes June 5, 2012 Page 5 limitations upon municipal regulatory authority, and extension of a moratorium on drilling and production, and statutory preemption of municipal regulatory authority. B.Consultation with Attorneys - Under Texas Government Code, Section 551.071. Deliberations Regarding Real Property - Under Texas Government Code, Section 551.072. 1.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located (1) in the A. Tompkins Survey, Abstract No. 1246 (located generally in the 1800 block of Bonnie Brae Street) and (2) in the James Edmonson Survey, Abstract No. 400, Denton County, Texas (located generally in the 3600 Block of Roselawn Street), all within the City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and 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 proceeding or potential litigation. 2.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P. Railroad Survey, Abstract No. 927, Denton County, Texas, and located generally along the west side of Mayhill Road, between Gayla Drive and the east-west segment of Bridges Street, within the City of Denton, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition of the real property described above where a public discussion of t matters would conflict with the duty of the City's attorneys to the City of Denton and 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 proceeding or potential litigation. Regular meeting of the Denton City Council on June 5, 2012 at 6:30 p.m. in the City Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. The pledges were lead by Boy Scout Troop 61. PROCLAMATIONS/PRESENTATIONS 2. A. Proclamations/Awards City of Denton City Council Minutes June 5, 2012 Page 6 1. Rail Safety Awareness Month Mayor Burroughs presented the proclamation for Rail Safety Awareness Month. 2. Denton Public Library Day Mayor Burroughs presented the proclamation for Denton Public Library Day. 3. National Community Health Improvement Week Mayor Burroughs presented the proclamation for National Community Health Improvement Week. 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Nell Yeldell regarding deeds to property and related personal issues. Ms. Yeldell spoke on a mistake with the block number for the deed of her property. She felt it was taking of her land because of the mistake. She indicated that her life had been threatened. She said her medical records were mixed up with another individual when she was in the hospital which was a danger to society and people needed to know about it 4. CONSENT AGENDA Council Member Roden requested that Item H be pulled for separate consideration. Council Member Gregory requested that Item E be pulled in order to highlight the item. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exce roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. Ordinance 2012-119 A. Consider adoption of an ordinance by the City of Denton, Texas, ("CITY") denying a rate increase requested by Atmos Energy Corporation on or about January 31, 2012; determining that the meeting complied with the Meetings Act; making other findings and provisions related to the subject; and providing an effective date. City of Denton City Council Minutes June 5, 2012 Page 7 Ordinance No. 2012-120 B. Consider adoption of an ordinance of the City of Denton, Texas authorizing and directing the City Manager or his designee to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation relating to construction of aircraft ramp at the Denton Airport; total cost $1,117,000 with the City of Denton portion $111,700; 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 recommends approval (4-0). Ordinance No. 2012-121 C. Consider adoption of an ordinance authorizing and directing the City Manager or his designee to execute on behalf of the City of Denton an assignment of a Leasehold Interest in an Airport Lease Agreement at Denton Airport from Windle & Windle Investments, Inc., to RWDW Aviation, Inc. for property located at 4633 Spartan Drive at Denton Airport; and providing an effective date. The Council Airport Committee recommends approval (3-0). Ordinance No. 2012-122 D. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2013 Budget of the Denton Central Appraisal District, and providing an effective date. Ordinance No. 2012-124 F. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Graham Associates, Inc. for Engineering Services relating to the Dry Fork Hickory Creek Tributary I Interceptor Project; and providing for an effective date (File 4963-awarded to Graham and Associates, Inc. in the amount of $220,525). The Public Utilities Board recommends approval (5-0). Ordinance No 2012-125 G. Consider adoption of an ordinance accepting competitive proposals and awarding a Three Year Contract for Tennis Instructor Services for the Cit Department; providing for the expenditure of funds therefor; and effective date (RFP 4898-Tennis Instructor for City of Denton awarded to Michael Christopher Brown and David Wayne Gray dba Gray Events Management LLC in a three year contract not to exceed amount of $750,000). Approved the Noise Exception listed below. I. Consider a request for an exception to the Noise Ordinance f performing live jazz music at the Sweet Y Café located at 511 Ro on Friday, Saturday, and Sunday, June 15 through June 17, 2012, 7:30 p.m. and concluding at 11:30 p.m. on Friday and Saturday and beginning at 6:00 p.m. until 11:30 p.m. on Sunday. This request is for an extension of hours from 10:00 p.m. to 11:30 for amplified sound and for amplified sound on a Sunday. The amplified sound will remain at the allowable 65 deci City of Denton City Council Minutes June 5, 2012 Page 8 recommends approval of the request of extending the hours of operation for amplified sound to 11:30 p.m. Resolution No. R2012-016 J. Consider approval of 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 - Loca Implementation Project, Recycling and Litter Reduction Equipment Project in the amount of $66,015; delegating and authorizing George C. Campbell, City Manager, or his designee, to act on behalf of the City in all other matters that are related to this project application, pledging that if funding for this project is received, the City of Denton 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; and providing for an effective date. Ordinance No. 2012-127 K. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 1.364 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1000 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a munici roadway; authorizing the City Manager or his designee to make an offer to J.G. Duncan and wife, Frances Duncan to purchase the Property Interes purchase price of Eighty Three Thousand Six Hundred Eighty Dollars and No Cents ($83,680.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-128 L. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.019 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1000 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a munici roadway; authorizing the City Manager or his designee to make an offer to Youvonne Matzinger and the Estate of Philip Hardy Matzinger, deceased to purchase the Property Interests for the purchase price of Two Thousand Four Hundred Eighteen Dollars and No Cents ($2,418.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-129 M. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.309 acre tract situated in the M.E.P. & P.R.R. Company City of Denton City Council Minutes June 5, 2012 Page 9 Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1100 block of South Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a munici roadway; authorizing the City Manager or his designee to make an offer to Walter Ronnie Kingston and wife, Margaret Ann Kingston to purchase the Property Interests for the purchase price of Eighty Five Thousand Dollars and No Cents ($85,000.00), and other consideration, as prescribed in the Contract Of Sale, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. Ordinance No. 2012-130 N. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.74 acre tract; (ii) a utility and slope easement encumbering a 0.13 acre tract; (iii) a slope easement encumbering a 0.01 acre tract; and (iv) a temporary construction, grading and access easement encumbering a 0.01 acre tract, all tracts located in the A. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 1800 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Eliza T. Shockley to purchase the Property Interests for the purchase price of One Hundred Sixty One Thousand Nine Hundred Seven Dollars and No Cents ($161,907.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-131 O. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 1.91 acre tract; (ii) a utility and slope easement encumbering 0.57 acres; and (iii) a drainage easement encumbering 0.02 acres, all tracts located in the James Edmonson Survey, Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally on Roselawn Drive, 600 feet east of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to the Chamberlain Trust to purchase the Property Interests for the purchase price of Sixty Six Thousand Five Hundred and Nineteen Dollars and No Cents ($66,519.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-132 P. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.11 acre tract; (ii) a slope easement encumbering 0.14 City of Denton City Council Minutes June 5, 2012 Page 10 acres; (iii) a drainage easement encumbering a 0.03 acre tract; and (iv) a temporary construction, grading and access easement encumbering a 0.01 acre tract, all tracts located in the James Edmonson Survey, Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, generally located on Roselawn Drive, 800 feet east of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to the Longhorn Council Boy Scout Foundation, Inc., a Texas corporation, to purchase the Property Interests for the purchase price of Five Thousand Nine Hundred and Fifty Five Dollars and No Cents ($5,955.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Resolution No. R2012-017 Q. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date. Approved the minutes listed below. R. Consider approval of the minutes of: May 1, 2012 May 7, 2012 May 8, 2012 Item E was considered. Ordinance No. 2012-123 E. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Bo Cooperative Purchasing Network for the acquisition of a McCloskey 733 Screener, for the City of Denton Beneficial Reuse Department; and providing an effective date (File 4940-Purchase of McCloskey 733 Screener awarded to McCourt & Sons Equipment, Inc. in the amount of $464,460). The Public Utilities Board recommends approval (5-0). Council Member Gregory stated that he had read the backup materials and felt they should be highlighted so more public would be aware of what was done with various materials. He suggested posting the information on the Citys website for the public. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. City of Denton City Council Minutes June 5, 2012 Page 11 Item H was considered. Ordinance No. 2012-126 H. Consider adoption of an ordinance amending Ordinance No. 2012-024 to extend for an additional 120 days the moratorium on the acceptance or p certain applications for permits to authorize oil and gas exploration and production activities and other mineral exploration and production activities (collectively, "mineral activities") within the corporate limits of the City of Denton, Texas; directing the city staff to complete a comprehensive review of the City's ordinance governing the mineral activities and procedures related thereto and to propose revisions thereto; providing for a method of repeal of this moratorium; providing a procedure for a variance from this morat providing a cumulative clause; providing a severability clause; effective date. th City Attorney Burgess stated that on February 7, Council enacted a moratorium on acceptance and processing for mineral exploration and production. The proposed ordinance would extend the moratorium with the same terms and conditions as the first one for an additional 120 days as was the term for the original ordinance. The extension acknowledged the ongoing work of the Task Force and the fact that information was being processed and would result in an additional ordinance. Staff was recommending approval. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider a nomination to the Public Art Committee. Council Member King nominated Chris Flemmons to the Public Art C Council Member King motioned, Council Member Engelbrecht seconded to approve the nomination. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. 6. PUBLIC HEARINGS Ordinance No. 2012-133 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) to allow two Drive- through Facilities (ATMs). The approximately 0.33 acre subject property, commonly known as Block 9 of the Old Towne Denton Addition is located north of Mulberry Street, west of Austin Street, south of Walnut Street, and east of City of Denton City Council Minutes June 5, 2012 Page 12 Locust Street; located within the Downtown Commercial General (DC-G) zoning district; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (6-0). (S11-0004, Wells Fargo Denton ATM) Mark Cunningham, Director of Planning and Development, stated that the request was from the Wells Fargo Bank to install two ATM machines on a lot that was currently undeveloped. The Planning and Zoning Commission and staff recommended approval with the condition that the ingress and egress driveways be located off Austin Street and the applicant would provide and maintain the landscaping as depicted on the landscaping plan. Council Member Roden asked how this proposal would fit in with the overall goals of the downtown area as it was one block away from the Square in terms of what to do with the site. Cunningham stated that parking would be added to the site in addition to the ATMs which would be open to the public. It would allow people to park in the area and then walk around the Square area. He felt it fit into the overall vision of the area. Council Member Roden asked how many cars were anticipated to use the site. He was looking for a walkable area whereas the ATM site would be inviting people to drive in and then leave again. He was not sure it was the best use of the property. Council Member Watts asked if the landscape plan with the site plan was being attached to this action or just the landscape plan. Cunningham stated that the site plan predicated the parking but this was a specific use permit for the ATMs only. Council Member Watts asked if the landscape on the site plan was part of the proposal. Cunningham stated that the landscaping and the ingress/egress conditions were part of the proposal. Council Member Engelbrecht asked how the proposal could be modified if benches were to be added to the plan. Cunningham stated that modifications such as adding benches would be handled at the administrative level as long as they did not impact the ingress/egress and landscaping. Mayor Pro Tem Kamp stated that the drive through ATM with only the Austin Street access would be very similar to what was at DATCU. It was anticipated that about 150 cars per day would be using the site. Council Member Roden stated that the TIF program had associated catalyst sites for redevelopment of the area and questioned if this wasn't one of those sites. City of Denton City Council Minutes June 5, 2012 Page 13 Cunningham stated that the TIF looked at the Wells Fargo building itself but the cost was prohibitive to bring it up to code. Council Member Roden thought that the green space was a catalyst site and questioned what was the long term planning for development in the area. Mayor Pro Tem Kamp stated that the proposal was going to be a site for public parking. The building was the actual catalyst site. Council Member Watts stated that the current motor facility would be demolished for a mixed use retail which was what was envisioned for conversion of the area. He felt the proposal was in keeping with the spirit of what was being encouraged to build in The Mayor opened the public hearing. John Schlueter, representing the applicant, spoke in favor. Council Member Gregory asked about the possibility of adding a bench to the location. Schlueter stated that it would not be an issue; just tell them how to do it. They had added bike racks in the area. Council Member Engelbrecht asked who set the criteria for bike racks. Schlueter stated that every new branch had bike racks. The number of racks was based on what would fit in the area. Council Member King felt that what was going to happen to the other site would be what was needed in the area. The Mayor closed the public hearing. Council Member Roden asked if timing was an issue for the proposal. Mayor Pro Tem Kamp stated that a decision on the ATMs was not holding up anything as the other location was already in demolition. Council Member Engelbrecht stated that Wells Fargo already owned the property and approval would facilitate the moving of the ATMs. Council Member Watts felt that the bank had the full assumption that they would be able move the ATMs without a problem and did not understand until after the transaction was completed that a specific use permit would be needed. Council Member Gregory felt that the trade off of two lanes from sixteen lanes would be an improvement in the downtown area. There was the potential for shade and seating in the area. He encouraged staff to help with the benches. He stated that th City of Denton City Council Minutes June 5, 2012 Page 14 Plan had angle in parking and asked about the possibility of doing angle in parking on the west side of the development along Locust Street. Cunningham stated that the DIP had different parking arrangements for the different roads. In this case, the plan showed parallel parking as the street was not wide enough for angle parking. Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. City Attorney Burgess asked if the motion was to include park benches where appropriate. That modification was acceptable with Kamp and King. Council Member King motioned, Mayor Pro Tem Kamp seconded adopt the ordinance and to include park benches where appropriate. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. Ordinance No. 2012-134 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit (SUP) to allow two Wind Energy Conversion Systems (WECS). The approximately 70.6 acre subject property, commonly known as Lot 3 of the Sorrells-McBride Acres Addition is located south of Roselawn Drive and west of the T&P Railroad right-of-way; located within a Neighborhood Residential 2 (NR-2) zoning district; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (6-0). (S11-0005, Wind Turbines- Roselawn) Mark Cunningham, Director of Planning and Development, presented the details of the item. The request was for a specific use permit to install two monopole Wind Energy conversion systems (WECS) that would be approximately 52 feet tall and located on a site that was within a NR-2 zoning district. WECS were permitted in the NR-2 zoning district with an approved specific use permit. The Planning and Zoning Commission recommended approval with the condition that the sound pressure levels would not exceed 50 db nor would they exceed a 72 hour ambient noise level measured from the property line closest to the device. Council Member Gregory asked about the 72 hour ambient noise lev Cunningham stated that over the period of time the noise levels would be taken and during that time it could not exceed that level. Council Member Gregory asked why a specific use permit was neede Cunningham indicated that use of the devices in the NR-2 zoning category required a specific use permit. The Mayor opened the public hearing. City of Denton City Council Minutes June 5, 2012 Page 15 Randy Sorrells, property owner, spoke in favor. Council Member Watts asked if the rate of capacity would provide electric usage for a home. Sorrells stated yes and that any excess power would be sold back to a provider. Council Member Roden questioned a letter in opposition from a neighbor who indicated the devised had a high pitched sound. Sorrells stated that sometimes when the turbines were being test sound but not regularly. The Mayor closed the public hearing. Council Member Roden noted that the devices would be used as a dealer for training purposes. He asked if the ordinance specified a use to putting up and taking down for dealer uses. Ron Menguita, Planner, stated that the backup had a copy of the ordinance which mainly addressed safety and the function of the turbine. It did not address the putting up and taking down of the unit. There only was a section on abandonment. Cunningham stated that the property was zoned NR-2 and whatever the site was used for would have to be consistent with that zoning. If the device was taken up and down for commercial purposes, it would be prohibited as it would be inconsistent with a NR-2 zoning district. Council Member Engelbrecht stated that the ordinance was addressed by the number of lots per acre assuming two lots per acre. However, here was a proposal t NR-2. He felt there was the same issue but not the same as a two acre lot. He suggested that be considered during the comprehensive plan rewrite. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. Ordinance No. 2012-135 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Community Mixed Use General (CM-G) zoning district classification and use designation, on 7.12 acres, located on the southeast corner of the intersection of F.M. 428/Sherman Road and Hartlee Field Road, 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. The Planning and Zoning Commission recommends approval (7-0). (Z12-0001, Pruett Property Rezoning) City of Denton City Council Minutes June 5, 2012 Page 16 Mark Cunningham, Director of Planning and Development, stated that the request was to rezone 7.12 acres from NR-4 to Community Mixed Use General. The applicant indicated that he was considering several uses for the property including moving his veterinarian business to the site, relocating his equipment rental business to the site or developing a small commercial center. The change in zoning would match the zoning from the south. He showed the differences between uses in the two zoning categories. The Planning and Zoning Commission and staff recommended approval. The Mayor opened the public hearing. Lee Allison, representing the property owner, spoke in favor. The Mayor closed the public hearing. Council Member Watts motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. Ordinance No. 2012-136 Hold a public hearing and consider adoption of an ordinance of the City of D. Denton, Texas, providing for the rezoning of approximately 9.67 acres of land from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification to a Neighborhood Residential Mixed Use (NRMU) zoning district and use classification; and the rezoning of approximately 10.20 acres from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU zoning district and use classification; located at the southwest corner of Mingo Road and Nottingham Drive; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (7- ). (Z11-0024, Magnolia Apartment Living) 0 Mark Cunningham, Director of Planning and Development, provided details on the proposal. He indicated that the applicant was considering constructing a 294-unit multi-family development on 19.87 acres proposed for rezoning. The property was currently undeveloped and not platted. The future land use of the property and a comparison of general regulations for the zoning were discussed. The Planning and Zoning Commission had recommended approval while staff recommended denial. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Pat Smith, 2300 E. University, Denton, 76209, spoke in support as a representative of the Denton Bible Church. The Church would like to rent some of the units for their missionaries. Council Member Roden stated that the area was not a walkable area and if approved what infrastructure would have to be in place from the City. City of Denton City Council Minutes June 5, 2012 Page 17 Smith stated that he would like to see sidewalks along Nottingham south to the railroad tracks and back south for walking and bike traffic. Sidewalks in the area would be wonderful. Nancy Carson, 2908 Oakshire, Denton, 76209 - spoke in opposition due to the close proximity of the railroad. She requested Council not vote on this item until they considered her concerns. Council Member Gregory stated that he lived in that area and also heard the trains. He questioned Ms. Carson on what kind of zoning would be appropriate. Carson stated that she could not decide due to the severe flooding and drainage problems. Council Member Gregory asked Ms. Carson if she was aware of work done by staff to start establishing quiet zones in the Downtown area and then in the ar intersections would be reconstructed so the trains would not have to blow the horn at all of the intersections. Caron stated that she had talked to Austin regarding the restrictions. The train itself was also very loud with a large number of cars. Council Member Roden stated that he also lived in the area and also heard the trains. He asked Ms. Carson if her concern for development along the railroad was restricted to this property or any property near a train line. Carson stated that it was any property next to a train. Lee Allison, representing the applicant, spoke in favor. Council Member Gregory stated that the proposed site plan had three sets of apartments that looked like they backed up to railroad. He questioned if there was going to be some kind of fence or sound barrier to keep children away from the tracks and/or to reduce the sound. Allison stated that safety barriers would be built. The buildings themselves would have sound elements in them in the form of thicker walls and sound materials. Council Member Gregory asked if the applicant would be willing to participate with the City in sharing the cost of reconstructing the intersection to allow a quite zone in that intersection. The intersection had to be reconstructed so the barrier arms were long enough and cars could not drive around them. Allison stated that the applicant would work with the city in getting the zone. Mayor Pro Tem Kamp asked about plans for the drainage situation. Allison stated that part of the area had been identified as an E be removed as it was manmade and the area would be reshaped and landscaped accordingly. A water feature at end of the stream was being planned with a detention area. City of Denton City Council Minutes June 5, 2012 Page 18 Terry Moore, Auguilar Properties, spoke in favor. He stated that a response to sharing the cost of reconstructing the intersection would depend on the cost of the intersection. Mayor Pro Tem Kamp asked about buffering around the railroad tracks. Moore stated that the exterior walls would have sound absorbing materials along with a fence on the back side. Mayor Pro Tem Kamp asked about a public park that was proposed. Moore stated that it would be a green space that was not fenced in. Mayor Pro Tem Kamp asked how much land would occupy the green space. Moore stated that there would be six to seven acres open to neighborhood trails in the area for walking. Council Member Roden questioned the target group of people to live there. Moore stated that they were not targeting students but rather young professionals. Council Member Roden asked Mr. Moore what made him think this area had viability to live due to the railroad tracks. Moore suggested looking at the other side of the issue. Some people did not want apartments over retail due to noise and odors from the retail. They were looking for families. Allison stated that there was a bowling alley nearby along with other apartment complexes. Some people did not want single family homes and did not want to walk to areas of the City. Council Member Gregory asked about the details of the fence. Allison stated that it would be a six-foot privacy per the requi All of the details were not known at this stage but would be fully addressed in detail at the specific use permit level. Council Member Watts questioned how many bedrooms would be included in the unit mix for the 294 units. Moore stated that there would be a mix of one, two and three bedroom units. Mayor Burroughs noted that none of the questions concerning number of units were relevant as that would be addressed during the specific use permit process. Zoning was the only issue considered at this meeting and not the number of units. Council Member Watts asked for a website that provided examples of similar developments by the applicant. City of Denton City Council Minutes June 5, 2012 Page 19 The Mayor closed the public hearing. Council Member Engelbrecht questioned why staff did not recommend approval. Cunningham stated that staff felt the proposal was inconsistent with the Neighborhood Center future land use. Uses in the Neighborhood Center should include support services. With this proposal, there were no supportive services to sustain the neighborhood. Mayor Burroughs stated that because NRMU or NRMU-12 did not indicate a percentage for services, it did not allow for an indication of what the mixture should be between residential and service. That effectively meant that staff would always have to suggest denial of any NRMU district even if it had 100% service. If a property owner said 100% service that was not what NRMU was so staff would have to recommend denial. There was a problem in the Code because the outcome was what the Code was trying to do but could not dictate service. It was an impossible situation because it could not be solved either way. His opinion was that denial was not correct. Council discussed the NRMU and NRMU-12 zoning category as opposed to the Neighborhood Center zoning category in terms of not having the correct tool to blend for a proper zoning destination. Council Member King stated that he liked the lower use for the property. Retail would not be proper on Mingo or Nottingham due to the accessibility. Residential made sense in the area. The Church had a tremendous foot print in the area and provided a sense for people to live there rather than retail. Council Member Watts stated that there was the specific use permit layer for the multi-family so limits could be placed through the specific use permit restrictions. There would be another opportunity to refine the proposal when it came before Council for the specific use permit. Living by a railroad was a marketing issue. If people didnt want to live next to a railroad they wouldnt. Council Member Engelbrecht stated that he appreciated the thought about the specific use permit and liked the general look and idea of the proposal. He did not feel the area was appropriate for the commercial/retail. Residential would be much less than commercial/retail traffic and the railroad was not conducive to retail traffic. He felt there was a need for sidewalks in the area more than retail/commercial. Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. E. Hold a public hearing and consider adoption of an ordinance providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) on approximately 33.1 acres of land and the rezoning of approximate land from a Neighborhood Residential 6 (NR-6) zoning district and use City of Denton City Council Minutes June 5, 2012 Page 20 classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; providing for a penalty in the maximum amount of $2.000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval (5- 1). (Z11-0025, McKinney/Mayhill Rezoning) Mark Cunningham, Director of Planning and Development, stated that Council held a public hearing on the proposal on April 17, 2012. At that time, Council approved the request with the condition to prohibit multifamily zoning. The proposal was reconsidered at the May 1, 2012 meeting as the applicant indicated miscommunication with his representative concerning the elimination of multi-family zoning. The proposal was postponed again from the May 1, 2012 meeting to this meeting to allow for further consideration. The Mayor opened the public hearing. Jimmy Wagner, 298 Carpenter Road, Denton, 76208 - spoke in oppo family zoning due to the increased traffic. Council Member Roden asked how Mr. Wagner knew of this rehearing Wagner indicated that he had received a letter and it was also in the newspaper. Council Member Watts questioned if there was a different way to handle the traffic, would he be in favor the multi-family. Wagner stated yes but currently traffic was so bad. He also had a concern regarding a flood zone on the property. Council Member Watts stated that Wagners objection was to multi-family or whatever might contribute more to traffic. Wagner stated that he was just tired of apartments in Denton. Larry Reichhart, representing the applicant, stated that at the last Council meeting he incorrectly agreed to limit multi-family and that was not the desire of the property owners. They would like to have the potential for multi-family with a specific use permit for a second look at traffic. In order to have mixed use development there was the need for potential multi-family. All neighborhood centers had NRMU but not all NRMU had to be a neighborhood center. They would like to bring back details with multi-family with a specific use permit. Sherry Graves, 4405 E. McKinney, Denton stated that traffic was horrible in the area and she was opposed due to the traffic. Celeste Poppy, 4397 E. McKinney, Denton, was opposed to the proposal. Mr. Reichhart was allowed a rebuttal. He stated that any development in the area would have to address the traffic. A specific use permit would deal with the access points for the traffic and would provide additional review. City of Denton City Council Minutes June 5, 2012 Page 21 Council Member Roden asked about a mixed use development. Reichhart stated that there were no concrete plans at this time. Council Member Roden asked about street issues. Reichhart stated that there would have to be some type of connectivity between the areas of the property to allow access on McKinney and Mayhill. Mayor Burroughs asked if the applicant anticipated when he might bring back the specific use permit. He questioned if the anticipation was to wait until aft was there a definitive project. Reichhart stated that the initial thought was to wait until the roadway was redone but the question was whether they would want to wait that long. The first preference was to wait until the roadway was improved; the second was to have an actual project. There was no specific time frame. Council Member Gregory stated that Council approved the zoning change to NRMU-12. The applicant was not asking to approve NRMU-12, but was asking to modify the approval as multi- family was not allowed. Reichhart stated that originally the zoning was NRMU-12 with a limitation of L4. The previous approval was to replace the L4 limitation with an N and they would like to remove the L4 and replace it with a specific use permit. Council Member Gregory stated that since Council had already made the zoning change and the request was to only change the designation, why not wait until a specific project was in place. Reichhart stated that was an option but there was a comfort level knowing that they had that zoning and would be easier to spend the funds for a specific use permit. Mayor Burroughs reminded Council that the prior action taken on the proposal was undone when the Council reconsidered the item. Council would have to reinstate what was done at the prior meeting. The zoning was currently back to the original zoning. City Attorney Burgess stated that Council would need to enact what was done at the last meeting or remove the limitation. Mayor Pro Tem Kamp stated that in connection with the neighborhood concerns, the proposal would have to come to Council with a specific use permit. Cunningham stated correct. Striking the L4 limitation would be opposed to this request for rezoning. Council Member Roden questioned if the Development Review Committee ever recommended denial of a proposal based on inadequate infrastructure related to streets. City of Denton City Council Minutes June 5, 2012 Page 22 PS Arora, Wastewater Division Manager, stated that there was a project currently under design for Mayhill Road with construction next year. The State had a project for McKinney but there was no date on it. The streets were looked at based on the designation of the Mobility Plan. These were arterial streets and it was hard to deny projects on arterial streets. The Mayor closed the public hearing Council Member Watts questioned if Council would have an opportunity at the time of a specific use permit application based on the presentation and the criteria in the presentation to deny a specific use permit. City Attorney Burgess stated that when considering a specific use permit, the use was permitted but Council could look at specifics and apply conditions and tai Council but the use was permitted under the zoning. Council Member Watts stated that at a specific use permit hearing, it could be crafted through Council input but not outright denied. City Attorney Burgess stated that it would be a permitted use under the zoning provisions and as a permitted use; there would be an application and attachment of conditions. Council Member Watts questioned if the Council could deny a specific use permit; could Council deny a specific use permit for multi-family. City Attorney Burgess stated that Council might want to consider that question in a different venue. Cunningham stated that Council may or may not approve the permit Council Member Watts asked if a condition of the specific use permit could be included to ask for traffic lanes to assist with the traffic. He questioned if that could be requested even though it was not required. Cunningham replied that it could be considered. Mayor Burroughs stated that Council might like to have future guidance on whether it could say no to a specific use permit with no reason or identify the lack of infrastructure as a reason to say no. He questioned if certain conditions might be suggested that an applicant was not in favor of and then the Council would deny. Council Member King stated that the Irwins had a long track record with projects in Denton. He felt they were not in a rush and would have the patience to wait on the State to make the roadway improvements. He understood the street did not make sense but that was a TxDOT problem. Mayor Pro Tem Kamp stated that McKinney was a state road and asked how many lanes were currently on the City's Mobility Plan for McKinney. Arora stated that it would be a six lane highway with a median. City of Denton City Council Minutes June 5, 2012 Page 23 Mayor Pro Tem Kamp stated that it was one of the City's priorities. Arora stated that the City had to move utilities to accommodate the change of the roadway. Council Member Gregory questioned if a specific use permit could be contingent on the applicant building an additional one or two lanes of road to accommodate the additional traffic. The developer was a known quantity, had not exploited the City and had brought value to the City. Council Member Engelbrecht suggested asking the DISD to get involved in a coalition to request TxDOT to get that piece of McKinney done. Mayor Pro Tem Kamp stated that was one of the reasons for inviting Michael Morris to the last joint DISD meeting. It all came down to funding and the City had to move utilities which was expensive. Council Member Gregory questioned if Council approved a NRMU-12 with multi-family only with a specific use permit, would it be possible that a condition for the specific use permit be to require a driveway from the NRMU-12 area along the south side of the CMG to connect directly to a widened Mayhill Road. If there were multi-family units in NRMU-12, then it would not be necessary to come out on McKinney and go out instead on Mayhill. Cunningham stated that a condition was allowed for ingress/egress. Council Member Gregory asked if that would that be far enough from Mayhill and McKinney to have a curb cut. Arora stated that it appeared that a curb cut could be done. Multi-family would require another point of ingress, probably on Mayhill. Mayor Burroughs questioned if a limitation could be imposed that there would be a right in/right out only until McKinney was expanded so that true access would be on Mayhill. Arora stated that such a restriction could be done. Council Member Roden felt that there was no urgency to consider this item and considering the fact that there were still questions regarding the use of a specific use permit, he would be in favo of postponing consideration until those questions were discussed. Council Member Roden motioned, Mayor Pro Tem Kamp seconded to postpone consideration th until July 17 to have discussion and feedback on the Councils authority regarding specific use permits. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. City of Denton City Council Minutes June 5, 2012 Page 24 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. There were no items suggested by Council. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further action, the meeting was adjourned at 10:01 pm. ____________________________________ MARK A BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 19, 2012 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 19, 2012 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: Council Member Watts 1. Citizen Comments on Consent Agenda Items There were no comment cards submitted by citizens. 2. Requests for clarification of agenda items listed on the agen Council Member Gregory questioned why there was no Public Utilities Board recommendation for Consent Agenda Item B. Tony Puente, Assistant Director of Finance, stated that typically items in the warehouse did not go through the process of the Public Utilities Board. Mayor Burroughs questions how the amounts for the insurance provision on the agreement were determined. Richard Casner, Deputy City Attorney, stated that the amounts and types went through the Risk Department and were standard when third parties occupied city property. 3. Receive a report, hold a discussion and give staff direction regarding project recommendations from the Citizens Bond Advisory Committee and th Committee for the November 2012 Bond Election. Tim Crouch, Co-Chair of the Citizens Bond Advisory Committee, stated that the Committee worked well together and accomplished much. He presented information on the Overview and Purpose of the Committee. He stated that to address deteriorating street conditions, a bond program was proposed by the Citizens Bond Advisory Committee (CBAC). The Committee met numerous times to discuss the condition of existing streets and potential recommendation. They also conducted a tour of city streets. The focus was to improve the worst streets in the comm rating of 40 or less. Preliminary recommendations were presented to the Planning and Zoning th Commission on June 6. The CBAC also initiated a public information campaign in May to solicit feedback from the community. A number of recommendations were received from the community and each recommendation was discussed specifically by the Committee to determine whether it should be recommended. Due to citizen feedback, Scripture Street from Ector to Malone was added to the list of proposed projects. Public Art Policy  Crouch reviewed the Public Art Policy which the Council put in place in 2006. The Committee was asked to provide a recommendation on whether the public art policy th should be implemented. On May 7, the CBAC voted to recommend that the Public Art Policy City of Denton City Council Minutes June 19, 2012 Page 2 th be applied to the upcoming bond program. On May 15, the Council recommended that 2% ($400,000) be included for public art in the upcoming bond program. The Council also asked the Public Art Committee to develop project recommendations. Marty Rivers, Co-Chair-Citizens Bond Advisory Committee, presented information concerning the 2012 bond election. The Committee was recommending a $20.4 million bond program for the November 2012 election which would primarily be used for street infrastructure. Approximately $4 million was expected to be sold each year over a five year period. $20 million was intended to be used only for reconstruction of existing street. $400,000 would be set aside for public art. The bond program assumed no tax rate increase. Approximately 990 street segments were identified to have an OCI rating of 40 or less. Approximately $96 million was needed to reconstruct streets with that OCI rating of 40 or less. The Committee identified preliminary recommendations for street segments. Public Art Projects - Margaret Chalfant, Public Art Committee (PAC), presented information on the types of art that were being considered. The PAC developed recommendations on the upcoming bond program. It recommended that public art be incorporated into the I-35 corridor project with the intent to incorporate artistic designs into con overpasses. Other elements might also be incorporated based on the final design of the I-35 roadway. The exact design elements would be determined by the P future. th Crouch presented the bond program calendar from July through November 6 which included a public education campaign, city council public hearing and the election date. Mayor Burroughs asked if the costs included in the streets had anything to do with lighting, etc. Rivers stated that there might be some money for curbs but basically it was strictly for streets. Council Member Roden requested further clarification on the funding of the I-35 enhancements and what the proposal was to fund those enhancements prior to the suggested use of bond fund money. Mayor Burroughs suggested looking into partnership opportunities to perhaps get more intersections with the amount of money that was available. 4.Receive a report, hold a discussion, and give staff direction regarding amending the Denton Development Code by adding Fraternity or Sorority House, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the parking requirements for fraternity or sorority houses, and dormitories in Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution Center/Warehouse (General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Family, Dormitory, Accessory Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family Dwelling, Single-Family Detached City of Denton City Council Minutes June 19, 2012 Page 3 Dwelling, Single-Family Attached Dwelling, Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. The Planning and Zoning Commission recommends approval (6-0). Ron Menguita, Development Review Liaison, presented the updates for the Code. Fraternity or sorority house and dormitory - although currently defined by the Denton Development Code (DDC), they were not listed in the land use section of the Code. Staff was asked by developers for locations for these type of uses but there was nowhere in the Code to direct them. Mayor Burroughs stated that these were listed elsewhere in the Code but not in Subchapter 35.5. He questioned the function of Subchapter 35.5. Menguita stated that Subchapter 35.5 defined the zoning districts where these uses were permitted. Mayor Burroughs asked how those uses were being handled if they were not currently in Subchapter 35.5. Menguita stated that they were grandfathered for the use. Mayor Burroughs asked if the motivation for these changes was that instead of being legal non- conforming uses, they would become confirming uses. Menguita stated correct for the future. These would be zoning districts for future uses. Mayor Burroughs asked where the recommendation originated. Menguita stated comments came from various sources such as Council, the Planning and Zoning Commission and represented a complied lists of uses identified so far. It was a compilation from various sources such as developers and the general public on where these uses would be identified. Mayor Burroughs asked when would be the time to ask about other unusual types of activities that were not on the list. Menguita stated that any time would be appropriate and staff would add it to the list they were still working on. Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail)  these were new uses that would be defined by the DDC and placed in the land use section of the Code. The proposal was to amend the DDC by adding the following land uses to Subchapter 35.5: Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail). The proposal would revise the existing definitions of fraternity and sorority house and dormitory. It would add definitions for City of Denton City Council Minutes June 19, 2012 Page 4 Conference/Convention Center. Distribution Center/Warehouse (General) and Warehouse (Retail). The definition for fraternity or sorority house and dormitory were reviewed as well as the zoning categories where they would be appropriate. Mayor Burroughs asked about the zoning for an on-campus dormitor Menguita stated that the City would not zone one on-campus. Council Member Gregory felt that with private dorms the new paradigm was have individual rooms that were individually rented bedrooms each with a separate contract. He questioned if the definition would work for apartments that really were student housing. Menguita stated that the definition of multi-family might work for that situation. Council Member Roden asked if there were any dormitories that were not run by a university in Denton. Menguita stated not to his knowledge. Council Member Roden questioned if a dormitory was not within the physical boundaries of the university but was owned by the university would it be subject to zoning regulations. Menguita stated it would not be subject to the regulations. Council Member Engelbrecht questioned why there was no mention of university in the definition of fraternity or sorority house. He felt it should have something affiliated with a national organization. Menguita stated that this was a definition of the actual use. Council Member Engelbrecht asked what happened if a university rented all or part of an apartment complex. Cunningham stated that it would have to follow the regulations. family development even though the university might call it a dormitory. The City did not have any jurisdiction over university property. Menguita continued that one of the Planning and Zoning Commissioners wanted to clarify the number of parking spaces for a fraternity, sorority, boarding house and dormitory. He indicated that for a fraternity, sorority boarding house and dormitory there would be one parking space for each bedroom. Conference/Convention Center  the definition was reviewed to be a facility designed to be used for conferences, conventions, seminars, sports and entertainment Mayor Burroughs felt that the definition might be too broad unless staff picked which one would be the best fit. City of Denton City Council Minutes June 19, 2012 Page 5 Council Member Gregory suggested adding wording that would indicate a number of people in attendance. Menguita stated that the and could be changed to or or else a reference to a minimum number of people in attendance could be added to the definition to further clarify it. He then reviewed the zoning district categories for conference/convention centers. Distribution Center/Warehouse (General) and Warehouse (Retail) - the definitions were presented for these facilities and the zoning categories. Warehouse (General) was a large facility that would house a large amount of products. The Warehouse (Retail) would be for a smaller facility that might devote up to 30% of the gross floor area for display and retail sale of merchandise. The zoning categories for these uses were reviewed. Council discussed warehouses that might add retail and what type of zoning would be available for those facilities. Menguita stated that a specific use permit might be considered to address those situations. Another situation would be manufacturing with retail. Section 35.23.2 dealt with definitions. That section included accessory dwelling, duplex, family, fraternity, manufactured home, mobile home, multi-family dwelling, single-family detached dwelling, dwelling/dwelling unit, efficiency dwelling unit and sorority. The Code needed a definition for family which was proposed to be any number of persons related by blood, adoption or marriage. The definition of maximum persons occupying a dwelling was discussed. Council discussed the definition of family and the varying situations that might constitute a family. They suggested staff consider some of the non-conventional situations for family when completing the definition. Menguita stated that there were other amended definitions for accessory dwellings, duplex dwelling, fraternity, HUD-code manufactured home; mobile home, multi-family and single- family detached, single-family attached. Council suggested striking male members from the definition of fraternity as some service fraternities had both male and female members. Mayor Burroughs asked if this proposal was creating any non-conforming uses that did not currently exist. Menguita replied it did not. The recommendation options were to direct staff to continue with the proposed code amendment as submitted or recommend changes to the proposed code amendment. Council Member Roden asked if use for boarding houses was already defined. Menguita stated yes but not in Subchapter 35. There was no zoning category for that. Council Member Roden asked what was solved for that. City of Denton City Council Minutes June 19, 2012 Page 6 Cunningham stated that boarding houses would come at a later date as staff wanted to get these done first. Boarding houses was still in the works and would be brought back later. Consensus of the Council was to bring the proposal back with comments and incorporate the changes as noted. Following the completion of the Work Session, the Council convened in a Closed Session to consider the following: 1. Closed Meeting: A.Consultation with Attorneys - Under Texas Government Code, Sec. 551.071. Deliberations Regarding Real Property - Under Texas Government Code, Sec. 551.072. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the M.E.P. & P. Railroad Survey, Abstract No. 927, Denton County, Texas, and located generally along the west side of Mayhill Road, within the 200 block and the 600 to 800 block range of North Mayhill Road, within the City of Denton, Texas. Consultat the City's attorneys regarding legal issues associated with the acquisition of the real property described above where a public discussion of these legal matters would conflict with the duty of the City' to the City of Denton and 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 proceeding or potential litigation. Regular meeting of the City of Denton City Council 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. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1. Parks and Recreation Month Mayor Burroughs presented the proclamation for Parks and Recreation Month. 3. CONSENT AGENDA Mayor Burroughs noted that Consent Agenda Item H would be pulled for separate consideration. City of Denton City Council Minutes June 19, 2012 Page 7 Council Member King motioned, Council Member Engelbrecht seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item H. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. Resolution No. R2012-018 A. Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. Ordinance No. 2012-137 B. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Neptune Water Meters from HD Supply Waterworks, LTD, Inc., which are available from only one source and in accordance with the pertinent provisions 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effect 4857-Purchase of Neptune Water Meters for the City of Denton in the five year estimated amount of $125,000). Ordinance No. 2012-138 C. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of BIOXIDE Products from Siemens Industry, Inc., which are available from only one source and in accordance with the pertinent provisions of Chapter 252.022 of the Texas Local Government Code such purchases are exempt from t requirements of competitive bidding; and providing an effective Purchase of BIOXIDE for Wastewater Department in the annual estimated amount of $95,000 with a not to exceed amount of $475,000 over a five year period). The Public Utilities Board recommends approval (5-0). Ordinance No. 2012-139 D. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 2.613 acre tract; (ii) a slope easement, encumbering a 0.270 acre tract; and (iii) a temporary construction grading and access easement, encumbering a 0.161 acre tract, all tracts situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally at the northwest corner of Mayhill Road and Russell Newman Boulevard (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Martino Realty Limited Partnership, a Texas limited partnership, to purchase the Property Interests for the purchase price of Two Hundred Ninety Seven Thousand One Hundred Dollars and No Cents ($297,140.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part Exhibit "B"; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date. City of Denton City Council Minutes June 19, 2012 Page 8 Ordinance No. 2012-140 E. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (i) fee simple to a 0.851 acre tract; and (ii) a slope easement, encumbering a 0.362 acre tract, all tracts located in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally at the southwest corner of Mayhill Road and Russell Newman Boulevard (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Martino Realty Limited Partnership, a Texas limited partnership, to purchase the Property Interests for the purchase price of One Thousand Three Hundred Twenty Three Dollars and No Cents ($105,323.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-141 F. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.360 acre tract situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance, located generally in the 200 block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a munici roadway; authorizing the City Manager or his designee to make an offer to Vonnie George to purchase the Property Interests for the purchase price of Thirty Eight Thousand One Hundred Thirty Five Dollars and No Cents ($38,135.00), and other consideration, as prescribed in the Purchase Agreement, as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. Ordinance No. 2012-142 Consider adoption of an ordinance authorizing the City Manager or his designee G. to execute on behalf of the City of Denton, Texas a Memorandum of Agreement ("MOA") contemplating a real estate conveyance from the City of Denton to the State of Texas, of a 2,174 square foot tract of real property, being a portion of the tract conveyed by deed to the City of Denton, recorded in Volume 2978, Page 909, Real Property Records, Denton County, Texas, and being a portion of Lot A, Block 1 of the R.N.W. Addition, an addition to Denton County, Texas, recorded in Cabinet H, Page 338, Plat Records, Denton County, Texas and generally located at 3228 Teasley Lane, Denton, Texas (the "Land"); authorizing execution of a deed without warranty (herein so called) conditionally effectuating such real estate conveyance; and providing an effective date. Approved the minutes listed below. I. Consider approval of the minutes of: May 15, 2012 May 22, 2012 June 4, 2012 City of Denton City Council Minutes June 19, 2012 Page 9 Item H was considered. Ordinance No. 2012-143 H. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a temporary license agreement (the "Agreement"), by a City of Denton, Texas and Atmos Energy Corporation, a Texas Corporation ("Atmos"), granting a license to Atmos to temporarily access certain City owned lands located in the Gideon Walker Survey, Abstract Number 1330, generally 2000 feet south of the 6000 block of East McKinney Street, City of Denton, Denton County, Texas, in connection with Atmos' Lake Dallas Natural Gas Storage Facility; and providing an effective date. City Manager Campbell stated that some of the backup information was not accessible on the Councils iPads and staff would now present that information. Paul Williamson, Real Estate and Capital Support Manager, displayed the location map for the proposal under consideration. Council Member Gregory stated that this item was before Council in January and asked where the other site was located. Williamson stated that it was not on the map shown. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Gregory, Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. Linda Ratliff, Director of Economic Development, stated that the Council annually appointed a nominating committee to elect the members of the Economic Development Partnership Board. Five members of the board had terms that would expire this year. Four were eligible for reappointment. Staff was asking Council to appoint a nominating committee consisting of two council members and one member from the Chamber Board. Mayor Burroughs noted that the past members of the nominating committee were Mayor Pro Tem Kamp, Council Member King and Hank Dickenson who represented the Chamber. He questioned if they were able to be on the nominating committee again. Ratliff stated that they were eligible to serve again on the nominating committee. Council Member Engelbrecht motioned, Council Member Roden seconded to appoint Mayor Pro Tem Kamp, Council Member King and Chamber Representative Hank Dickenson to the City of Denton City Council Minutes June 19, 2012 Page 10 nomination committee. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. 5.PUBLIC HEARINGS Ordinance No. 2012-144 A. Hold a public hearing and consider adoption of an ordinance granting approval of a sub-surface use of a portion of Nette Schultz Park and Avondale Park for the purpose of a sewer line easement in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a sewer e providing an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). Jim Mays, Park Superintendent, presented the details of the proposal. Water Utilities needed to relocate a sewer line easement through Avondale and Nettie Schultz Parks. State law required a public hearing to facilitate Chapter 26 of the Texas Parks and Wildlife Code. A small number of trees would be removed for the project but would be replaced. Mayor Burroughs questioned what would happen with the existing line. Rebecca Guthrie, Engineering, stated that the existing line would be abandoned in place with some manholes also replaced. The Mayor opened the public hearing. Charlotte Sanborn indicated that she was pleased that no homes would be affected by the project. The Mayor closed the public hearing Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Gregory, Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden  aye. Motion carried unanimously. 6. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Bob Clifton regarding a Convention Center/Hotel on UNT property. Bob Clifton, 300 Northridge, Denton, spoke on the history of the Hammons plan for a convention center and the O'Reilly Hospitality Management plans for a convention center. He stated that there were numerous hotel rooms available each night in Denton and more were not needed. He stated that the Council was not truthful regarding the proposal. City of Denton City Council Minutes June 19, 2012 Page 11 7. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter o upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide r items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Burroughs announced that Mayor Pro Tem Kamp had been elected chair of the Regional Transportation Authority. Mayor Pro Tem Kamp presented Council with pins from RTC for regional excellence. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 6:57 p.m. ____________________________________ MARK A BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 25, 2012 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, June 25, 2012 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden ABSENT: Mayor Pro Tem Kamp 1. Receive a report from staff and hold a discussion concerning Risk Level 5 of the Mosquito Surveillance and Response Plan of the City of Denton. City Manager Campbell stated that this was an issue which was important to the community concerning the Risk Level 5 of the Mosquito Surveillance and Response Plan. It required Council approval and staff would be presenting an update on the situation. Ken Banks, Director of Environmental Services and Sustainability, presented the status of the mosquito issue. The virus was transmitted to humans by mosquitoes that became infected after biting infected birds. The Citys monitoring approach included an extensive network of traps using an average of 16 traps per week. Trapping was conducted approximately weekly from the end of April through the first week in October. There was an approximate lag time of from the State on the trapped mosquitoes. He reviewed the testing locations for the West Nile positive mosquito traps. The trapping showed that in multiple weeks there was an increase in the st number of positive cases. On June 21 the City received notification from the Denton County Health Department of two human cases of West Nile virus in Denton. The locations were in close proximity to each other which resulted in placing Denton a for a Risk Level 5 public health alert was human outbreak confirmed and the trigger was multiple human cases within a short time frame or clustered huma The various types of mosquito control included (1) source reduction (controlled the eggs) which was considered the most effective (2) larvicides that eliminate juvenile mosquitoes (controlled larva and pupa) was considered effective and (3) adulticides (controlled the adults) through fogging or spraying of chemical pesticides and was considered the least effective. It was important to understand the biology of the mosquitoes. The eggs may be laid singly or in clusters and hatched in 2 to 3 days. The eggs hatched into larva that only live in water and mature in 4 to 10 days. The larva transform into the pupal stage. The city of Denton concentrated on using a larvacide that was highly specific to mosquitoes. It did not affect fish, frogs or other predatory insects that may feed on mosquito larvae. However, it had to be applied properly or it was not effective. Pupae spend most of their time at the surface of water and did not eat. This stage may last from 1 to 10 days and was controlled mainly through chemical or surface based measures. Adult males feed on nectar and plant juices while females must have a blood meal as source of protein before they can produce eggs. Adult female mosquitoes typically live for about a week to a month. City of Denton City Council Minutes June 25, 2012 Page 2 Flight distances were important in order to find the source of mosquito problems and choose the appropriate management strategies. Mosquito flight varied from 300 yards up to 40+ miles. Control for adult mosquitoes was accomplished through a pesticide application. The City had a state-of-the-art ultra-low volume fogger for this use. Denton already had a personal services agreement in place with a contractor to apply the pesticides if needed. The application of the pesticides would only be considered at Risk Level 5 and the policy indicated that use of the pesticides would be a council decision. Mayor Burroughs asked about the effects on people and animals with fogging. Banks stated that the material used was called Duet which was on the lower end of toxicity. These were designed to kill organisms and might impact non-targeted organisms. The toxicity to larger animals and wildlife was relatively small. The product i encouraged the mosquitoes to fly and provided better chances of contact with the pesticide. Council Member Roden questioned what type of company dispensed the pesticides. Banks stated that this group was a pesticide application company. Council Member Roden questioned if there were studies of from other cities that had some sort of tracking data regarding these measures and results. Banks stated it was very difficult to trace back where someone contacted the virus. The ability to determine whether it was influenced by the application of pesticides was limited. Council Member Roden asked if there were projections on what to expect in terms of a virus outbreak. Banks stated that right now it looked like a bad year based on what someone with that knowledge would say. This was the fastest he had seen a group of traps go from one to many being positive and the earliest seen cases in humans. Council discussed fogging in terms of what kind of coverage would be received, what happened when people had contact with the pesticide and the symptoms of the virus. Banks stated that the toxicity was very low to humans but there always was the concern with long term effects. Council Member Gregory suggested fliers on doors to encourage people to look for standing water that needed to be dumped out to reduce mosquito population. Council Member Roden questioned what would happen if a neighborhood did not want the spraying. Banks stated that it would not be possible to assess that situation and questioned how a consensus of the neighborhood would be achieved. City of Denton City Council Minutes June 25, 2012 Page 3 Council Member King suggested concentrating on the Fairgrounds and Good Samaritan to help with the removal of standing water. Council Member Engelbrecht felt that little pools of standing water made large problems and spraying was not going to solve that problem. He was in favor of an aggressive way to clean out those locations that might breed the mosquitoes. Kiersten Dieterle stated that a comprehensive communication campaign with residents was already in place. Council Member Engelbrecht felt fogging would take care of front yards but not much in back yards. He questioned if targeting an area and then looking at traps to see if the efforts were working was possible. Banks stated that there would be too many variables to do that. Council Member Engelbrecht felt that there should be a system to tell people how to take care of themselves and how to take care of standing water and suggested contacting neighborhood associations. Dieterle indicated that Public Communications already had that information for residents. Mayor Burroughs suggested a door hanger indicating a Level 5 alert. The information could include a phone number to call to provide additional information and indicate that there were two cases of the virus in the neighborhood. If the area residents wanted to be proactive to protect that area, they needed to look for standing water, etc. Council Member Gregory suggested to also offer that if an individual were unable to inspect a yard, to call and a volunteer or staff person would go out and do it. He stated that the information staff already had on the website was excellent and very useful. He felt every method available such as call, emails, utility bills, door hangers, etc Council Member Watts questioned if the purpose of this meeting was to determine whether or not to spray for the mosquitoes. Banks replied correct. City Manager Campbell stated that at this meeting there was a specific set of circumstances but if next week the same circumstances arose in another area with the Council authorize the spraying as in the plan and move to that other area. Council Member Gregory felt the plan was well thought out and was not opposed to the spraying but not do just the spaying. Council Member King stated that he had no problem with spraying. City of Denton City Council Minutes June 25, 2012 Page 4 Council Member Engelbrecht stated that the alert would remain at Level 5 but the spraying would only happen at certain triggers. Banks replied correct. Council Member Roden stated that he was not convinced that spraying would be effective. He questioned how to ensure that everyone got the message. Dieterle stated that a variety of media would be used such as the different social medias and going door to door with hangers. Mayor Burroughs stated that there was a need to be as aggressive as possible but that spraying would be another element to save lives and protect residents. Council Member Watts stated that he was comfortable with spraying and leaving to the expert staff on the number and locations of spraying. Informal staff reports could keep Council up to date on the process. Mayor Burroughs felt it would be best to be conservative with the utilization of spraying and to set it apart from the other mechanisms; limit the use of the pes Council Member Roden questioned how the boundary to spray would be determined. Banks stated that it would be a judgment call on how to best to determine the boundaries. Council Member King stated that statistical sampling could not be done on whether or not to spray. That was what the Council was elected to do. Council Member Watts suggested amending the resolution to include the provision on spraying when there were two human cases or three positive hits on one tr Council Member Roden suggested adding language to the resolution regarding the notification process. City Manager Campbell stated that the policy could always be amended as needed. Council Member Engelbrecht stated that he would like to have a definite pattern of reports to state where the traps were located, what was the outcome of the traps and the number of human cases. Council Member Gregory suggested informal staff reports on the sites and the variety of media used for getting the information to residents. Resolution No. R2012-019 2. Consider approval of a resolution authorizing control measures to be taken by the City of Denton concerning Risk Level 5 of the Mosquito Surveillance and City of Denton; and declaring an effective date. City of Denton City Council Minutes June 25, 2012 Page 5 City Attorney Burgess read the revised wording for the resolution which indicated that the ground based application of mosquito adulticides, as described in Risk Level 5 of the Mosquito Surveillance and Response Plan, to include also application in hot spots when three or more consecutive positive tests result from a single trap, is hereby authorized so long as the city of Denton shall be in Risk Level 5, for the mosquito season of 2012. The City Manager shall insure maximum dissemination of information to residents where application of mosquito adulticides shall occur, to include actual notice to residents to the maximum extent possible. Council Member King motioned, Council Member Watts seconded to approve the resolution as amended. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, and Mayor Burroughs  aye. Council Member Roden, nay. Motion carried with a 5-1 vote. ____________________________________ MARK A BURROUGHS MAYOR CITY OF DENTON, TEXAS ____________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES July 2, 2012 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, July 2, 2012 at 11:00 a.m. in the City Council Chambers at City Hall. PRESENT: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member Roden; Council Member Watts 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. Ordinance No. 2012-145 2. Consider adoption of an ordinance canvassing the returns and declaring the results of the Runoff Municipal Election held in the city of Denton on June 23, 2012 City Secretary Walters presented the final vote totals in each race. She indicated Pete Kamp received a majority of the votes cast in Place 5 and Mark Burroughs received a majority of the votes cast in Place 7. Council Member Engelbrecht motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs,  aye. Motion carried unanimously. 3. Oath of Office administered to newly elected Council Member. City Secretary Walters administered the Oath of Office to Pete Kamp, Place 5 and Mark Burroughs, Mayor-Place 7. 4. Election of Mayor Pro Tempore. Council Member Engelbrecht nominated Pete Kamp to continue as Mayor Pro Tempore. Council Member Engelbrecht motioned, Council Member Gregory seconded to approve the nomination. On roll call vote: Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs,  aye. Motion carried unanimously. With no further business, the meeting was adjourned at 11:23 a.m ____________________________________ ___________________________ MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Electric Administration UTILITIES ACM: Howard Martin, Utilities, 349-8232 ________________________________________________________________ SUBJECT Consider approval of a resolution re-appointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers agency, representing the City of Denton, Texas; and declaring an effective date. BACKGROUND Bill Cheek has served as one of the two Directors appointed by the City of Denton to the Texas Municipal Power Agency (TMPA) for the last two years. His term will expire July 18, 2012. After careful consideration, the Council has invited Bill Cheek to serve for an additional two- year term as a Director for the City of Denton on the TMPA Board. Mr. Cheek has accepted the invitation for re-appointment. The term for which he is re-appointed will commence effective July 18, 2012 and end on July 18, 2014. Pursuant to concurrent requires that a resolution be passed by each member city that su Director to the TMPA Board of Directors. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Bill Cheek was originally appointed to the TMPA Board in July 20 DATE SCHEDULED FOR COUNCIL APPROVAL July 17, 2012 EXHIBITS 1.Letter from TMPA concerning Bill Cheek 2.Resolution Respectfully submitted: Howard Martin Assistant City Manager for Utilities Prepared by: Phil Williams General Manager Denton Municipal Electric EXHIBIT1 EXHIBIT2 RESOLUTION NO. 2012_______ A RESOLUTION RE-APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY, REPRESENTING THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Bill Cheek, who serves as a member of the Board of Directors of the Texas Municipal Power Agency, a Joint Powers Agency, whose term of office at the Texas Municipal Power Agency will expire on July 18, 2012; a WHEREAS, the City Council of the City of Denton after due consideration has selected Bill Cheek, the Vice-Chair of the Denton Public Utilities Board, for re-appointment for another two-year term to the Texas Municipal Power Agency Board of Directors, both positions he has held with distinction; and WHEREAS, effective on July 18, 2012, the City Council hereby re-appoints Bill Cheek as a member of the Texas Municipal Power Agency Board of Directors; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Pursuant to the terms and provisions of concurrent Ordinance No. 75-22 of the City of Denton, Texas, Bill Cheek is hereby appointed to an additional two-year term of office as a Director representing the City of Denton, Texas on the Board of Directors of the Texas Municipal Power Agency, his term of office beginning on July 18, 2012 and ending on July 18, 2014. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ______ day of _____________, 2012. _________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ________________________________ AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8496 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional Services Agreement (PSA) with Freese and Nichols, Inc. for engineering services relating to the North-South Water Line Phases II and III project; and providing for an effective date (File 4978awarded to Freese and Nichols, Inc. in the amount of $435,701). The Public Utilities Board recommends approval (6-0). FILE INFORMATION The North-South Water Line project will eventually extend water from North Loop 288 all the way south to Roselawn Drive. Phase I of this project extended a 36-inch line from the 36-inch water line at north Loop 288 south and west, primarily along Riney Road, Windsor Street and Bonnie Brae Street, to Scripture Street adjacent to McKenna Park. Phase II of this project will extend a 36-inch pipeline from the 24-inch line along Roselawn Drive up to the Texas Department of Transportation facility at the intersection of northbound IH35E Service Road and Bonnie Brae Road, with the pipeline being within the Bonnie Brae Road Right of Way and constructed in conjunction with the roadway improvements. Phase III of this project will extend this same line from the end of Phase II up to connect in to the Phase I pipeline, with the final route of this section of line to be determined as a part of the design services of this project. Phase III will likely be bid out as a stand-alone project. In addition to the pipeline aspect of the project, a schematic layout of the future McKenna Park Pump Station layout is included in the project deliverables. Exhibit 1 shows the location of the phases of this project. The proposed engineering fee of $435,701 for the professional services on this project includes amounts for detailed design, survey (north of IH35E), geotechnical investigation, cathodic protection system recommendations, bid phase assistance and limited construction services support. Fee components calculated in support of this fee included $265,389 for basic services and $170,312 for special services (Phase III construction services, pump station layout, survey, geotechnical, and cathodic protection). Agenda Information Sheet July 17, 2012 Page 2 FILE INFORMATION(CONTINUED) The preliminary opinion of probable construction cost for the project is approximately $4.9 million dollars. Basic services represent approximately 5.37% of the projected construction cost. The total contract amount represents approximately 8.81% of the projected construction cost. Staff referenced two sources for comparison of fees based on a percentage of construction: The American Society of Civil Engineers (ASCE) Manual No. 45 and Consulting Engineers Council of Texas (CEC-T) curves of median compensation. From ASCE Manual No. 45, the design fee is projected at approximately 7% of the preliminary opinion of probable construction cost and total fee is projected at approximately 12%. From CEC-, the design fee is projected at approximately 5.3% of the preliminary opinion of probable construction cost. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 9, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Approve a Professional Services Agreement between the City of Denton and Freese and Nichols, Inc. in the amount of $435,701 for engineering services for the North-South Water Line Phases II and III project. Freese and Nichols, Inc. designed Phase I of the North-South Water Line and is therefore familiar with the work that has been done to date. Staff has determined that the amount of the contract is consistent with the level of effort required for a project of this nature. PRINCIPAL PLACE OF BUSINESS Freese and Nichols, Inc., Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT Freese and Nichols, Inc. will begin work on this project upon Council approval with the following timeline for Phases II and III: Complete design plans and specifications for Phase II within 150 calendar days of receipt of survey and geotechnical information Complete schematic pump station site plan and schematic alignment options analysis within 60 calendar days of Notice to Proceed Agenda Information Sheet July 17, 2012 Page 3 ESTIMATED SCHEDULE OF PROJECT(CONTINUED) Complete design plans and specifications for Phase III within 150 calendar days of the pipeline route selection by the City of Denton and completion of additional design survey in the field along the selected route FISCAL INFORMATION The services to be performed will be funded from Capital Improvement Program account 630282521.1360.21100. Requisition#108670 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Map of Project Area Exhibit 2: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 4978 Exhibit 1 Exhibit 2 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 July 9, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, July 9, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, John Baines, Phil Gallivan, Leonard Herring, 11 Barbara Russell, and Randy Robinson 12 13 Absent Excused: Billy Cheek 14 15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 16 17 OPEN MEETING: 18 19 ITEMS FOR INDIVIDUAL CONSIDERATION: 20 21 22 1)Consider a recommendation of an approval of a Professional Services Agreement for 23 Architect or Engineer between the City of Denton and Freese and Nichols, Inc. (FNI) in the 24 amount of $435,701 for Engineering Services associated with the North-South Water Line 25 Phases II and III project. 26 Leonard Herring pulled this item from the consent agenda. Herring asked how long the 27 City has been doing business with Freese and Nichols, and is the price in the normal range. 28 29 Frank Payne, City Engineer, answered that it is in the normal range. The City has been doing 30 business with Freese and Nichols for several decades. With this particular pipeline Freese and 31 Nichols did the corridor route analysis and the first phase design, this will complete the project. 32 That is how they were chosen for this project. The project costs were negotiated. Payne believes 33 it is a good representation. 34 Herring asked if we ever look at competing engineering firms 35 . Payne answered that the City 36 does use a number of different firms and solicits professional services according to the law in 37 various ways. It is legal to go direct to one firm and negotiate a price; it is also normal practice 38 to use a selection involving several different companies. In this case since we already had a 39 history of using them on this project staff went directly to Freese and Nichols and requested 40 pricings. 41 Board Member Herring motioned to approve item 1, second was by Board Member Baines. 42 Vote 6-0 approved. 43 44 45 Adjournment 11:10am ORDINANCE NO. _______________ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES RELATING TO THE NORTH-SOUTH WATER LINE PHASES II AND III PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE (FILE 4978AWARDED TO FREESE AND NICHOLS, INC. IN THE AMOUNT OF $435,701). WHEREAS, is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with Freese and Nichols, Inc. to provide professional engineering and related services for the North-South Phase II and Phase III project, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4978 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-4978 AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting bids and awarding a public works contract for the construction of the FM 2499 Utility Relocation project; providing for the expenditure of funds therefor; and providing an effective date (Bid 4957-awarded to SMB Enterprises, Inc. in the amount of $192,989). The Public Utilities Board recommends approval (6-0). BID INFORMATION The FM 2499 Utility Relocation Phase I project consists primarily of the relocation of approximately 400 feet of 10 inch sanitary sewer force main and 260 feet of encasement of an existing 10 inch sewer line and an existing 12 inch water line. The project is required due to the construction of the Texas Department of Transportation FM 2499 Phase V Roadway Project. Exhibit 1 shows the location of the project. Bids for the construction phase of this project were received on June 7, 2012. There were a total of three bidders with each bidder submitting pricing on a base bid with two pipe alternates; the first alternate was an 18 inch split steel casing with no pipe restraint while the second alternate was a 21 inch split steel casing with pipe restraint. The first alternate bids ranged from a low base bid plus pipe alternate of $192,989 to a high base bid plus pipe alternate of $429,884.75. The second alternate bids ranged from a low base bid plus pipe alternate of $202,509 to a high e construction cost for the project was between $180,000 and $220,000 for both pipe alternates. The bid summary is shown on Exhibit 2. Staff has determined that the additional benefit of the second alternate option does not justify the additional cost. Therefore, staff is recommending award of the contract to the low bidder, SMB Enterprises, Inc. for the first pipe alternate option. The low bidder for this project, SMB Enterprises, Inc., appears to meet all of the necessary requirements for qualification on this project and is also a local vendor. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 9, 2012, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet July 17, 2012 Page 2 RECOMMENDATION Staff recommends the award of Bid 4957 to SMB Enterprises, Inc. in the amount of $192,989.00. PRINCIPAL PLACE OF BUSINESS SMB Enterprises, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed in 90 calendar days from Notice to Proceed which should be November 2012. FISCAL INFORMATION This project will be funded from existing bond fund account 630074515.1360.40100 in the amount of $65,380 and account 640050539.1360.40100 in the amount of $127,609. Requisition# 108775 has been entered in the purchasing software system. EXHIBITS Exhibit 1: Project Location Map Exhibit 2: Bid Tabulation Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-RFP 4957 Exhibit 3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 July 9, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, July 9, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton Service 8 Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, John Baines, Phil Gallivan, Leonard Herring, 11 Barbara Russell, and Randy Robinson 12 13 Absent Excused: Billy Cheek 14 15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 16 OPEN MEETING: 17 18 CONSENT AGENDA: 19 20 21 Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his 22 designee, to implement each item in accordance with the staff recommendations. The Public 23 24 opportunity to raise questions regarding these items prior to consideration. 25 26 2) Consider a recommendation of an approval of Bid No. 4957 to SMB Enterprises, Inc. for the 27 construction of the FM 2499 Utility Relocation Phase I project, in an amount not to exceed 28 $192,989. 29 Board Member Russell motioned to approve item 2, second was by Board Member 30 Gallivan. Vote 6-0 approved. 31 32 33 34 Adjournment 11:10am ORDINANCE NO. _________ AN ORDINANCE ACCEPTING BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE FM 2499 UTILITY RELOCATION PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4957-AWARDED TO SMB ENTERPRISES, INC. IN THE AMOUNT OF $192,989). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4957 SMB Enterprises, Inc. $192,989 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4857 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2012. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-Bid 4957 AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, authorizing the execution of a First Amendment of Contract of Sale, by and between the City of Denton (City) and Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, William Edgar Summers Family Living Trust (Sellers), amending a Contract of Sale (herein so called) contemplating the sale and purchase of fee simple to an approximate 0.1413 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473 of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the North Line of Paisley Street, West of Pace Drive (the Property); and providing an effective date. BACKGROUND City Council approved an Ordinance on May 15, 2012 (2012-101) authorizing the City Manager, or his designee to make a formal offer to the Sellers to purchase the Property in the amount of $110,000.00. This tract is necessary to accommodate the construc improved electric transmission and distribution system as part of the 69kV Transmission Line Re-build project. The Owners accepted the offer and entered into a Contract of Sale with an effective date of June 6, 2012. The original Sellers were identified pursuant to a preliminary title commitment as Marilyn Kaye Newland and William Edgar Summers and Edna Auline Summers, Co-Tr Edgar Summers Family Living Trust. Marilyn Kaye Newland conveyed all of her interest in the property to William Edgar Summers and Edna Auline Summers, Co-Trustees of the William Edgar Summers Family Living Trust on May 10, 2012 by Special Warranty Deed recorded as document number 2012-49748. Staff is recommending the approval of an Ordinance authorizing the First Amendment of Contract of Sale to reflect the change in scheduled to close on July 20, 2012. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the project alignment previously recommended by the Public Utility Board, and approved by the City Council. May 7, 2012  The Public Utility Board recommends approval (6-0). City Council approval May 15, 2012 FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase 00 offer price of $110,000. plus closing costs as prescribed in the Agreement are to be funded through these funding sources, as well as any Relocation Assistance entitlements. BID INFORMATION Not applicable EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 PAISLEY Denton Municipal Electric Proposed Acquisition Summers Family Living Trust - .141 Acres LEGEND SITE PARCELS TM LINE TM LINE EASEMENT Denton Municipal Electric Proposed Acquisition Summers Family Living Trust - .141 Acres 10050100200 FEET 0 EXHIBIT2 AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, authorizing the execution of a Contract of Sale, by and between the City of Denton, Texas, as Buyer, and Dewitt S. Davenport, as Seller (herein so called), regarding the sale and purchase of fee simple to an approximate 0.2159 acre tract located in the M.E.P. & P. Railroad Survey, Abstract Number 1473, Known as Lot 24, Block A, of Bellaire Crossing, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas, located generally along the North Line of Paisley Street, West of Pace Drive (the Property Interests), for the purchase price of One Hundred and Seventeen Thousand Dollars and No Cents ($117,000.00), and other consideration, as prescribed in the Contract of Sale (the Contract), as attached hereto and made a part hereof as Exhibit A; authorizing the expenditure of funds therefore; authorizing relocation expenditures; and providing an effective date. BACKGROUND City Council approved an Ordinance on May 15, 2012 (2012-102) authorizing the City Manager, or his designee to make a formal offer to the Sellers to purchase the Property in the amount of $117,000.00. This tract is necessary to accommodate the construc improved electric transmission and distribution system as part of the 69kV Transmission Line Re-build project. Seller has requested some language changes to the contract along with an expedited closing schedule requesting that the closing occur on or before July 30, 2012, clarifying the marital status of the grantor in the deed language, as well as the extent of the mineral reservation, and expanded language regarding the exceptions to grantors warranty. Staff recommends approval of the contract terms as proposed. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This tract is within the project alignment previously recommended by the Public Utility Board, and approved by the City Council. May 7, 2012  The Public Utility Board recommends approval (6-0). City Council approval May 15, 2012 FISCAL INFORMATION The overall 69kV Transmission Line Rebuild project is being funded by issuing General Obligation Bonds which will be paid by Transmission Revenue received from all other electric utilities who are members of the Electric Reliability Council of Texas (ERCOT). The purchase 00 offer price of $110,000. plus closing costs as prescribed in the Agreement are to be funded through these funding sources, as well as any Relocation Assistance entitlements. BID INFORMATION Not applicable EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Phillip Williams General Manager Electric Administration Denton Municipal Electric Prepared by, Pamela England Real Estate Specialist EXHIBIT1 PAISLEY Denton Municipal Electric Proposed Acquisition Davenport - .216 Acres LEGEND SITE PARCELS TM LINE TM LINE EASEMENT Denton Municipal Electric Proposed Acquisition Davenport - .216 Acres 10050100200 FEET 0 EXHIBIT2 EXHIBIT B to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That DeWitt S. Davenport, M.D., a single man ( herein called Grantor), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City o Home Rule Municipal Corporation (herein called Grantee), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit A, attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the Property). Grantor, subject to the limitation of such reservation made her and reserves, for himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, his heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term minerals shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term minerals as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term surface of the Property shall include the area from the surface of the earth to a depth of five hundred feet (500) below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: All valid and subsisting easements or other matters affecting title to the Property recorded in the Official Public Records or Real Property Records of Denton County, Texas and all matters shown on the plat recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantees successors and assigns forever; and Grantor does hereby bind Grantor and Grantors successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantees successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. EXECUTED the _______ day of _______________, 2012 ______________________________________ DeWitt S. Davenport, M.D. ACKNOWLEDGMENT THE STATE OF ________ § COUNTY OF __________ § This instrument was acknowledged before me on ____________________, _______, 2012 by DeWitt S. Davenport, M.D. ______________________________ Notary Public, State of Texas My commission expires: _________ Upon Filing Return To: Send Tax Billing Statements To: The City of Denton-Engineering The City of Denton Attn: Paul Williamson Attn: Finance Department 901-A Texas Street 215 East McKinney Street Denton, TX 76209 Denton, Texas 76201 EXHIBIT A to Special Warranty Deed Legal Description Of Property Being Lot 24, Block A, of BELLAIRE CROSSING, in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet W, Page 667, Plat Records, Denton County, Texas. AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Police ACM: Jon Fortune ________________________________________________________________ SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas approving a First Amendment to the Meet and Confer Agreement between the City of Denton and the Denton Police Officers Association, and providing for an effective date. BACKGROUND: House bills 304 and 2892 granted certain municipalities the option to meet and confer with fire and/or police associations and became effective in September 2005. While the bills do not require cities to engage in a meet and confer process, it gives the legislative authority to voluntarily meet with labor associations and discuss issues of importance to both parties. Cities are not required to negotiate specific issues such as wages or other conditions for employment, but may do so if desired. In November 2005, the Denton Police Officers Association (DPOA) petitioned the City Council to act as the sole and exclusive bargaining agent for sworn, civil service employees of the Denton Police Department. Following formal recognition in 2005, the City entered into a three-year Meet and Confer Agreement (Agreement) with the DPOA that became effective on October 1, 2006. Negotiations for this first Agreement allowed for honest and open communication between management and labor that resulted in an improved labor/management relationship; a defined market based p improved hiring, promotion and disciplinary processes. The Agreement has provided for more flexibility outside of the statutory structure of current C In June 2009, the Denton Police Officers Association and management representatives of the City began meeting to negotiate a second Agreement which bec October 1, 2009. Since then, management has regularly met inform Management values the open and continued dialog with the DPOA and believes that labor and management are generally satisfied with the terms of the current Agreement. The current three-year Agreement will expire on September 30, 2012, and members of the City management team recently suggested to the DPOA that based on our mutual satisfaction of the current Agreement, that an extension for two additional years would benefit both parties. As such, a meet and confer meeting was held on July 5, 2012 for the purpose of the City presenting a formal offer to extend the curr Fiscal Years 2012-13 and 2013-14 with an option to terminate the consent prior to the commencement of Fiscal Year 2013-14. At the meeting, both management and DPOA tentatively agreed to the extension. The DPOA has presented the tentative extension to their membership and the outcome of the vote is expected on Friday, July 13. Staff will provide the City Council the results of the final vote once it has been received. The attached ordinance allows for the approval of the amendment to the current Meet and Confer Agreement extending it by two years though September 30, 2014 and includes updates to the articles of the current Agreement that have time sensitive references. No terms have been changed other than to provide for the extension of the Agreement. RECOMMENDATION: Staff recommends approval of the ordinance. FISCAL IMPACT: The proposed amendment does not impose any new fiscal impact. EXHIBITS: 1.Signed Proposal and Tentative Agreement to Implement First Amend 2.Ordinance 3.First Amendment to Meet and Confer Agreement 4.2009 Adopted Meet and Confer Agreement Respectfully Submitted, _______________________ Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 1.52 acre tract; (II) a utility and slope easement, encumbering a 0.13 acre tract; (iii) a drainage easement, encumbering a 0.67 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.14 acre tract, all tracts located in the A.N.B. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit A, attached hereto and made a part hereof, located generally in the 2100 block of South Bonnie Brae Street (the Property Interests), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Milton B. Clearman and wife, Anita A. Clearman (collectively the Owner) to purchase the property interests for the purchase price of Two Hundred Twenty 00 Three Thousand Nine Hundred Six Dollars and No Cents ($223,906.), and other consideration, as prescribed in the Purchase Agreement (the Agreement), as attached hereto and made a part hereof as Exhibit B; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Widening and Improvements project  Parcel 21 BACKGROUND In accord with the current Bonnie Brae Widening and Improvements undertaking the identification of the additional land rights nec construction and operation of the improved roadway. Integra Realty Resources has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. In respect to the tract owned by Mr. and Mrs. Clearman, the project requires the acquisition of several discrete tracts. A Fee Tract for street purposes, and several other distinct easement types to provide for drainage, utilities, and also to provide lateral support slope for the makeup of roadway itself. In addition, a Temporary Construction, Grading and Access Easement is required to provide work space for the road contractor to reconstruct the property owners driveway that is affected by changes to roadway elevation and alignment. Integra Realty Resources has provided a real estate appraisal report in regard to the Clearmans property tract and the land rights necessary for the Project. Their findings constitute the present offer to purchase. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified fee tract affecting property owned by Mr. and Mrs. Clearman. FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is bei combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase 00 offer price of 223,906. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager EXHIBIT 2 attachment to AIS AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 0.08 acre tract; (II) a utility and slope easement, encumbering a 0.03 acre tract; (iii) a slope easement, encumbering a 0.01 acre tract; and (iv) a temporary construction, grading and access easement, encumbering a 0.01 acre tract, all tracts located in the A. Tompkins Survey, Abstract Number 1246, City of Denton, Denton County, Texas, as more particularly described on Exhibit A, attached hereto and made a part hereof, located generally in the 1800 block of South Bonnie Brae Street (the Property Interests), for the Public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to Oren R. Thomas and Ruth A. Thomas (collectively the Owner), to purchase the Property Interests for the purchase price of Twenty Thousand Six 00 Dollars and No Cents ($20,006.), and other consideration, as prescribed in the Purchase Agreement (the Agreement), as attached hereto and made a part hereof as Exhibit B; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Widening and Improvements project  Parcel 18) BACKGROUND In accord with the current Bonnie Brae Widening and Improvements undertaking the identification of the additional land rights nec construction and operation of the improved roadway. Integra Realty Resources has been engaged to provide real estate appraisal services in regard to those identified tracts that will be directly impacted by the project. In respect to the tract owned by Oren Thomas and Ruth Thomas, the project requires the acquisition of several discrete tracts. A Fee Tract for street purposes, and several other distinct easement types to provide for drainage, utilities, and also to provide lateral support slope for the makeup of roadway itself. In addition, a Temporary Construction, Grading and Access Easement is required to provide work space for the road contractor to reconstruct the property owners driveway that is affected by changes to roadway elevation and alignment. Integra Realty Resources has provided a real estate appraisal report in regard to the property tract owned by Oren Thomas and Ruth Thomas and the land rights necessary for the Project. Their findings constitute the present offer to purchase. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action or review regarding the identified fee tract affecting property owned by Oren Thomas and Ruth Thomas. FISCAL INFORMATION The overall Bonnie Brae Widening and Improvements project is bei combination of Regional Toll Revenue (RTR) funds, Denton County Transportation Road Improvement Program (TRIP 08) funds and City of Denton local match funds. The purchase 00 offer price of $20,006. plus closing costs as prescribed in the Agreement are to be funded through a combination of these funding sources. BID INFORMATION Not applicable EXHIBITS 1.Location Map Respectfully submitted, 2.Ordinance Frank G. Payne, P.E. Prepared by, City Engineer Paul Williamson, Real Estate Manager EXHIBIT 2 attachment to AIS AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 ________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, revising the fats, oils and grease control provisions contained in Chapter 26 of the Denton Code of Ordinances, relating to utilities, and hereby repealing sections 26-190 and 26-191 of the Denton Code of Ordinances; and hereby adopting article xii  liquid waste, divisions 1, 2, 3 and 4; providing for the purpose and policy of the ordinance; providing for the applicability and prohibitions of the ordinance; providing for definitions promulgated in section 26-153 of this chapter; providing for other definitions; providing for installations of grease traps for new facilities and existing facilities; providing for responsibilities of persons subject to the ordinance; providing for the requirement of a permit; providing for manifest requirements for persons who generate, collect, and transport grease interceptor and grit trap/oil waste; providing for responsibilities for each grease interceptor or grit-trap/oil separator that is pumped; providing for abatement of violations; providing that the assistant City Manager of utilities may seek any and all enforcement remedies necessary to ensure continued compliance; providing a savings clause; providing a misdemeanor penalty not to exceed $2,000 per day for violations of this ordinance; providing a civil penalty not to exceed $5,000 per day for violations of this ordinance, together with other designated legal and equitable remedies that are available to the city; and providing for an effective date. The Public Utility Board recommends approval (5-0). BACKGROUND Fats, oils, and grease (FOG) are a major contributor to Sanitary Sewer Overflows (SSOs) during the dry weather conditions and thus contribute to preventive maintenance costs for the City of Denton. Over the last four years, 24% of SSOs that occurred within the City from 2007 through 2010 were caused by grease blockages. Additionally, numerous grease chokes require maintenance to clear in order to prevent a SSO from occurring. Implementing a FOG Control Program serves to reduce both the number of SSOs within the service area and the annual preventive maintenance costs due to FOG. The main focus of a Fats Oils and Grease (FOG) Control Program is to prevent the pollutants from entering the sanitary sewer thereby reducing the need to employ costly reactive approaches. In order to achieve the desired results, a FOG Control Program should be comprehensive in nature. This means controlling commercial sources, such as food service establishments (FSEs), car washes, auto repair shops, but also tracking all disposals by liquid waste hauling companies, and incorporating outreach for citizens and commercial facilities. At this time, Dentons Code of Ordinances contains very few requirements for the control of FOG discharges, and the provisions are distributed throughout the Code. For this reason, several Departments within the City of Denton oversee one or more component(s) identified as an integral part of controlling FOG discharges to the sanitary sewer. We propose to consolidate the majority of local requirements for generators and transporters into Chapter 26. Specifically, it is recommended to repeal Sec. 26-190 that includes the requirements for grease trap installation and maintenance, and Sec. 26-191 that includes the requirements for transport and disposal of grease laden wastes, into Article XII of Chapter 26. In addition the Article XII establishes the responsibilities of the generator and transporter, and provides for enforcement actions in case of a violation of the ordinance by the generator or transporter. The City of Denton currently tracks grease trap maintenance at food facilities on a volunteer basis. Information is gathered from both waste haulers and restaurants when they agree to do so. The current Code of Ordinances, Sec. 26-190 requires treatment units for all wastewater containing FOG, and that the treatment units are properly maintained. There is no definition for properly maintained; therefore, the current program only allows for enforcement of maintenance requirements after a facility has caused interference in the collection system. There is currently no requirement for frequency of trap maintenance, and only about 50% of traps are being pumped once per year according to voluntary reporting. After researching several municipal FOG control programs and looking over literature, the industry consensus accepts use of what is known as the 25% rule. This allows that a trap or interceptor works efficiently to control grease discharges to the sanitary sewer until the effluent side of the trap contains 25% or more solids of the wetted height of the trap. If a trap contains more than 25% solids in the effluent chamber, efficiency is grea increased FOG discharges to the sewer. Staff presented to the PUB the draft proposed changes to the Fats, Oils and Grease (FOG) provisions on January 9, 2012. Based on the discussions with staff, the PUB recommended that staff first present the proposed changes to a focus group comprising of restaurant, car wash, and auto repair shop owners. Then conduct the proposed public meeting with all grease trap and grit trap owners. Gather all of the comments received from the focus group and the public meeting and bring it back to PUB for further discussion. As such, a small focus group meeting and two public meetings were organized. The focus group meeting was held on February 16, 2012, and the two public meetings were conducted on March 22, 2012, one at 9 a.m. and one at 2 p.m. Announcements for the focus group were made through direct contact by phone and hand-delivered letters. The two subsequent public meetings were advertised in several ways, including an announcement slide that was prepared and distributed to DTV, DCTV and El Matador; a news item posted to the citys websi sent to notice subscribers; posts made to both facebook and twitter; a robocall sent to grease and grit trap owners; and a direct-mail postcard delivered to grease and grit trap owners. Six businesses attended the focus group meeting in February, and a total of 15 businesses attended one of the two public meetings held in March. The majority of questions and concerns focused on the sizing and installation requirements related to the Building Code. Staff explained that this Ordinance does not affect those items, but that Industrial Pretreatment Program staff will work closely with Building Inspections as part of the proactive program. A few additional questions were posed regarding how staff will conduct education, administration, and enforcement, and the answers provided by City staff appeared to adequately resolve these questions. The main concern raised during the public meetings that required further attention and a modification to the draft Ordinance involved the provisions for grit trap maintenance frequency. A sampling study that was conducted at car washes by City staff concentrations of solids and metals being discharged into the sanitary sewer collection system. Car wash owners expressed that during the past several years, the chemicals used at car washes have changed substantially, and that the volume of water used varies greatly by season and weather. Additionally, car wash owners were not aware of any incidents where car wash discharges caused blockages in the sanitary sewer system. Thus, a request was made to revisit the maintenance frequency for car washes. In response, the Industrial Pretreatment Program conducted a sampling study at nine local car washes. The sampling results did show substantial improvement in the quality of the wastewater over the 2007 study. Using the sampling data, information about operations at the car washes and the grit trap performance, the draft Ordinance was revised to include an on demand pumping frequency for grit traps when businesses employ best management practices to ensure compliance with all local discharge requirements. This revision was communicated to the concerned parties, and they were all in agreement with the changes. These comments and the amended FOG ordinance were then presented 2012, and the PUB recommended approval of the FOF ordinance. A summary of the modified proposed provisions to Article XII of Chapter 26 are as follows: For Liquid Waste Generators: Must meet all Pretreatment Standards and Requirements in Chapter 26, Article V 200 mg/L oil and grease o 5.0 to 12.5 pH o No interference or pass through o Requirement to service grease traps on a specified schedule At a minimum of once every 90 days o Increased frequency as necessary to meet all discharge requirements o Includes a waiver provision to decrease pumping frequency to 180 days o Requirement to service grit traps by one of two options Once every 180 days; o Or as necessary to meet all discharge requirements as long as the stated best o management practices are conducted Application of the 25% rule At any time the percent solids in the effluent side of a treatment unit cannot o exceed 25% of the wetted height. Record keeping Manifests must be obtained each time a trap is serviced o Manifests must be kept on site for a minimum of three years o Right of entry for inspections Sec. 26-161 o Grease disposal practices Grease must be removed by a licensed and permitted hauler and di o accordance with all state requirements Traps must be completely evacuated o Washwater disposal practices Must contain, collect, and dispose of washwater by approved means o Protect the storm sewer system o Use approved methods for treatment o Accurately measure the volume diposed o Prohibition of using additives in lieu of treatment/maintenance unless authorized in writing Enforcement actions to remedy noncompliance For Liquid Waste Transporters: Requirement to obtain a permit for each vehicle Usage of City of Dentons manifest Reporting requirements for each serviced trap Five part manifest established through septic hauler program o One part will be returned to Pollution Control Abatement Officer o Prohibition of disposing of liquid waste at unauthorized locations Will allow for future disposal of grease wastes at PCWRP Enforcement actions to remedy noncompliance Staff values the suggestions and input received during the various meetings with business owners and believes that the draft Ordinance, as presented, reflects the concerns of the affected business community, as well as the best approach to reduce sanitary sewer overflows and public health concerns caused by FOG. RECOMMENDATION Staff recommends approval of the recommendation to adopt the updates to the FOG ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) January 9, 2012: Staff presented the draft proposed changes to the FOG program provisions to the PUB for discussion. June 11, 2012: PUB recommended approval of the amended FOG ordinance to the City Council (5-0) FISCAL INFORMATION No additional fiscal impacts beyond the funding established for current fiscal year operations are anticipated. BID INFORMATION None EXHIBITS 1.FOG Ordinance 2.Comments received from Grease & Grit Trap owners & Staff Responses 3.PUB Minutes Respectfully submitted: Assistant Director Wastewater Prepared by: Heather Goins Pretreatment Program Manager EXHIBIT1 ORDINANCE NO. 2012-________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REVISING THE FATS, OILS AND GREASE CONTROL PROVISIONS CONTAINED IN CHAPTER 26 OF THE DENTON CODE OF ORDINANCES, RELATING TO UTILITIES, AND HEREBY REPEALING SECTIONS 26-190 AND 26-191 OF THE DENTON CODE OF ORDINANCES; AND HEREBY ADOPTING ARTICLE XII  LIQUID WASTE, DIVISIONS 1, 2, 3 AND 4; PROVIDING FOR THE PURPOSE AND POLICY OF THE ORDINANCE; PROVIDING FOR THE APPLICABILITY AND PROHIBITIONS OF THE ORDINANCE; PROVIDING F DEFINITIONS PROMULGATED IN SECTION 26-153 OF THIS CHAPTER; PROVIDING FOR OTHER DEFINITIONS; PROVIDING FOR INSTALLATIONS OF GREASE TRAPS FOR NEW FACILITIES AND EXISTING FACILITIES; PROVIDING FOR RESPONSIBILITIES OF PERSONS SUBJECT TO THE ORDINANCE; PROVIDING THE REQUIREMENT OF A PERMIT; PROVIDING FOR MANIFEST REQUIREMENTS FOR PERSONS WHO GENERATE, COLLECT, AND TRANSPORT GREASE INTERCEPTOR AND GRIT TRAP/OIL WASTE; PROVIDING FOR RESPONSIBILITIES FOR EACH GREASE INTERCEPTOR OR GRIT-TRAP/OIL SEPARATOR THAT IS PUMPED; PROVIDING FOR ABATEMENT OF VIOLATIONS; PROVIDING THAT THE ASSISTANT CITY MANAGER OF UTILITIES MAY SEEK ANY AND ALL ENFORCEMENT REMEDIES NECESSARY TO ENSURE CONTINUED COMPLIANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A MISDEMEANOR PENALTY NOT TO EXCEED $2,000 PER DAY FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A CIVIL PENALTY NOT TO EXCEED $5,000 PER DAY FOR VIOLATIONS OF THI ORDINANCE, TOGETHER WITH OTHER DESIGNATED LEGAL AND EQUITABLE REMEDIES THAT ARE AVAILABLE TO THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore recently enacted Ordinance No. 2011-103 on st the 21 day of June, 2011 relating to the discharge of wastewater to the publicly-owned treatment works as prescribed in Article V of Chapter 26 of the Denton Code of Ordinances; and the City Council, by this ordinance, is revising the Fats, Oil and Grease control provisions which are included in the Denton Code of Ordinances to create a Fats, Oil and Grease (FOG) Control Program, and WHEREAS, the main focus of a FOG Control Program is to prevent the pollutants from entering the sanitary sewer thereby reducing the need to employ costly reactive approaches; said program is designed to control commercial sources, such as food service establishments, track all disposals by liquid waste hauling companies, and conduct outreach for citizens and commercial facilities; and WHEREAS, this ordinance provides for the 25% rule which is the industry consensus; said 25% rule states that a trap or interceptor works efficiently to control grease discharges to the sanitary sewer until the effluent side of the trap contains 25% or more solids of the wetted height of the trap; if a trap contains more than 25% solids in the effluent chamber, efficiency is greatly decreased, thus allowing for increased FOG discharges into the sewer; and Page 1 of 16 WHEREAS, the Public Utilities Board of the City of Denton, Texas has considered this proposed ordinance at an open meeting on the 11th day of June, 2012 and recommended approval of the ordinance by a vote of five members for approval, and none against; and WHEREAS, the Staff has previously conducted a public meeting on this proposed ordinance on the 22nd day of March, 2012 to obtain the input of residents and to answer any questions or concerns about said proposed ordinance, after notice was duly posted for the same; and WHEREAS, the City Council of the City of Denton finds the proposed amendments to Article XII. of Chapter 26, of the Code of Ordinances to be in the best interest of the residents of the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 26-190 Wastewater discharges requiring traps and Section 26- 191, Wastewater discharge from transport trucks of Division 3, Use of Public Sewers, Article V, Indirect Discharge Into Sanitary Wastewater System, Chapter 26 Utilities, of the Code of Ordinances, City of Denton, Texas, are hereby repealed. SECTION 2. Article XII, entitled Liquid Waste of Chapter 26, Utilities, of the Denton Code of Ordinances, is hereby enacted by the Denton City Council, which provisions provide for the following: Article XII. LIQUID WASTE DIVISION I. GENERALLY 26-304 Purpose and Policy. 1)This ordinance sets forth uniform requirements for liquid waste generators and liquid waste transporters operating in the City of Denton and enables the cit applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) 2)The objectives of this Article are: a)To aid in the prevention of sanitary sewer overflows resulting from blockages and obstructions due to the accumulation of fats, oils, and greases from commercial and industrial facilities, b)To promote the proper maintenance of grease interceptors and grit traps; and, c)To ensure the proper handling, disposal, transport and tracking of trap waste and other liquid waste. Page 2 of 16 26-305. Applicability and Prohibitions. 1)This ordinance shall apply to all Users of the Publicly Owned Treatment Works (POTW), as defined in Section 26-153 of this Chapter. 2)Grease traps or grease interceptors shall not be required for residential users. 3)Facilities generating fats, oils, or grease as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate grease traps as required in Section 26-307 of this Chapter. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels, motels, schools, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption. 4)It shall be unlawful for a user to intentionally or unintentiona petroleum oil, non-biodegradable cutting oil, mineral oil, or any fats, oils, or grease of animal or vegetable origin into the POTW in concentrations greater than those promulgated in Article V, Chapter 26, of the City of Denton Code of Ordinances. 5)It shall be unlawful to discharge trucked or hauled pollutants, except as deemed suitable and at discharge points designated by the Assistant City Manager  Utilities. 6)It shall be unlawful for a person to create a public nuisance. 26-306. Definitions. 1)The definitions promulgated in Section 26-153 of this Chapter are hereto applicable. Approved - 2) means accepted as satisfactory under the terms of this article and given formal and official sanction by the City of Denton. Assistant City Manager - Utilities - means the chief executive officer of the utility department of the City of Denton or his/her authorized deputy, agent or representative. Car Wash  means establishments primarily engaged in cleaning, washing, and automotive vehicles, such as passenger cars, trucks, vans, and trailers and are categorized by North American Industry Classification System number 811192 and by Standard Industrial Classification number 7542. Chemical Oxygen Demand (COD) - means the value of the test for Chemical Oxygen Demand, as analyzed in accordance with 40 CFR §136.3. Director - means the Director of Water Utilities of the City of Denton, which may include a person appointed by the Director of Water Utilities or his autho representative. Disposal  The discharge, deposit, release, injection, dumping, spilling, leaking, or placing of any liquid waste into or on any land or water so that such waste or any constituent thereof Page 3 of 16 may enter the environment, be emitted into the air or discharged to any sewers or waters, including ground waters. Disposal Site  A permitted site or part of a site at which liquid waste is processed, treated, and/or intentionally placed into or on any land and at which the closure. Disposer  A person who receives, stores, retains, processes, or disposes of liquid waste. Fat, Oil, and Grease (FOG) - means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as grease or greases. Food Service Facility - means every food preparation and food service establishment including, but not limited to bakeries, bars, butcher shops, cafes, clubhouses, delicatessens, ice cream parlors, hospitals, hotels, restaurants, schools, or similar places where meat, poultry, seafood, dairy products, or fried foods are prepared, served, or offered for sale, but shall not apply to any single-family residence or dwelling not used for the commercial preparation and sale of food items. Generator - means any person who causes, creates, generates, or otherwise produces liquid waste, or a person who for any reason has a liquid waste removed from his property by a transporter of liquid waste. Grease Interceptor (or Grease Trap) - means a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. Grease Interceptor Waste - means any organic, inorganic, greasy or fatty liquid, semi- liquid, and/or solid wastes collected by and removed from a grease trap. Grit Trap/Oil Separatoror Grit Trap) ( means a watertight receptacle designed and constructed to intercept and prevent the passage of petroleum based oil, grease wastes and solids into the sanitary sewer system to which the receptacle is directly or indirectly connected. Grit Trap Waste - means oil and grease waste, inorganic solids generated by a commercial facility that are collected by and removed from a grit trap. Liquid Waste  means water-borne solids and liquids containing dissolved or suspended waste material including but not limited to septage and wastes from grease traps and grit traps. Page 4 of 16 Hazardous Waste  means any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics may: a.Have any of the following characteristics; toxic, corrosive, and irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness; b.Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the administrator, U.S. Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by the: Resource Conservation and Recovery Act of 1976 and may be amended in the future. Manifest  means the written multi-part documentation required to be in the transporter enabling disposal of hauled grit trap waste, grease trap waste, and septage at a permitted or registered disposal site. Manifest System - means a system consisting of a five-part trip ticket used to do generation, transportation and disposal of liquid waste. Person - means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. Public Nuisance - means the discharge or exposure of grease, sewage or other organic waste in such a way as to be a potential instrument or medium in disease transmission to a person or between persons. Septage  means liquid waste and sludge containing sufficient liquid content, which is removed from a portable toilet, chemical toilet, septic tank, or cesspool. Septage does not include non-domestic wastes from commercial or industrial facilities. TCEQ  means the Texas Commission on Environmental Quality, and its predecessor and successor agencies. Transporter  any person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30 Texas Administrative Code, Chapter 312, Subchapter G, Section 312.42. Trip Ticket  means the shipping document originated and signed by the transporter that contains the information required by the approving authority. Washwater  means the water-borne solids, liquids, gaseous substances or other residue and debris resulting from a washing or cleaning process. Washwater shall not be discharged to the storm sewer, and may require pretreatment before being discharged to the sanitary sewer. Page 5 of 16 Washwater operation  means any cleaning process generally conducted outdoors, such as washing vehicles, equipment, structures, or paved surfaces for maintenance, safety, aesthetic or stormwater pollution prevention purposes, and which generates washwater. Examples would include cleaning of petroleum products from parking lots or service station drives, mobile washing operations or equipment/vehicle washing, which does not drain to a grit trap. DIVISION 2. LIQUID WASTE GENERATORS 26-307. Installations. 1)New Facilities. a)Food processing facilities or food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate and maintain a grease trap in accordance with locally adopted plumbing codes or other applicable ordinances. Grease traps shall be installed and inspected prior to issuance of a certificate of occupancy. b)Facilities which perform washing, cleaning, or servicing of automobiles, trucks, buses, or similar equipment which are newly proposed or constructed with floor drains in areas of operation, shall be required to design, install, operate and maintain a grit trap/oil separator in accordance with locally adopted plumbing codes or other applicable ordinances and guidelines as required by the Assistant City Manager  Utilities. Grit traps/oil separators shall be installed and inspected prior to issuance of certificate of occupancy. 2)Existing Facilities. a)Existing grease traps or grit traps/oil separators must be opera accordance with the manufacturers recommendations and in accordance with these standards referenced herein, unless specified in writing and approved by the POTW. Other commercial users may be required by the Assistant City Manager - Utilities to install an approved grease trap, grit trap/oil separator when the concentration of oil, grease waste or suspended solids is greater than concentrations promulgated in Article V, Chapter 26 of the City of Denton Code of Ordinances or when discharges may cause blockages in the wastewater collection system. b)Existing food processing or food service facilities that change in ownership, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist or where there is an inadequately sized grease interceptor, shall be required to design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes, or other applicable ordinances. Grease interceptors shall be installed and inspected prior to the issuance of a certificate of occupancy and a health permit. Page 6 of 16 c)Existing facilities which perform washing, cleaning, or servicing of automobiles, trucks, buses, or similar equipment with floor drains in the areas of operation that change in ownership, or are expanded or renovated to include floor drains in areas of operation shall be required to design, install, operate and maintain a grit trap/oil separator in accordance with locally adopted plumbing codes, or other applicable ordinances. Grit traps/oil separators shall be installed and inspected prior to the issuance of a certificate of occupancy. 3)A generator shall install a sample port to allow access to sample the wastestream as close as possible to the connection with the city sanitary sewer main within the bounds of the facility property. The port shall be installed according to the specifications of the Assistant City Manager  Utilities. The port shall be installed and maintained at the users expense. The port shall be installed perpendicular to the effluent flow to allow visual observation and sampling. 4)Grease interceptors and grit traps/oil separators shall be insta certificate of occupancy. No person or persons shall allow the use of a single interceptor or trap by more than one business as defined by a certificate of occupancy without prior approval. 26-308. Responsibilities. 1)A generator of liquid waste shall have all liquid waste material picked up from his premis by a liquid waste transporter who holds a valid permit from the city, and the liquid waste shall be transported to an approved site for disposal. 2)Cleaning Schedule. a)Grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of that the discharge is in compliance with local wastewater discharge limits; and, to ensure that no visible grease is observed in the discharge. b)Grease interceptors shall be completely evacuated at a minimum of every ninety (90) days, or more frequently when: i)Twenty-five percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases; ii)The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant established by the Assistant City Manager  Utilities; or, iii)If there is a history of noncompliance. 3)Grit traps/oil separators shall be completely evacuated based on one of the two following schedules: Page 7 of 16 a)At a minimum of every 180 days, or b)At a frequency determined by the owner/operator if all of the fo practices are employed: i)At a minimum of once per week, all facilities with a grit trap must routinely check and perform preventive maintenance as required on all connections, valves, hoses, chemical storage containers, drains, and other equipment necessary to prevent an accidental release or slug discharge of chemicals. ii)At a minimum of once per month, all facilities with a grit trap must routinely check the level of sediment in each grit trap in order to determine a maintenance schedule that will facilitate consistent compliance with all discharge limits and requirements. iii)All self-service and coin-operated car wash facilities must post an area that is clearly visible, directing customers not to dispose of oils or chemical wastes at the facility. iv)All facilities must document the best management practices, including routine checks, preventive maintenance and repair logs, and grit trap maintenance records for a minimum of three years. v)If at any time, the above practices are not being employed or the required documentation is not available for review, the owner/operator will be required to perform maintenance on the grit trap(s) immediately and once every 180 days thereafter. 4)Any person who owns or operates a grease interceptor may submit to the Assistant City Manager  Utilities a request in writing for an exception to the required pumping frequency of the grease interceptor. The Assistant City Manager  Utilities may grant an extension for required cleaning frequency on a case-by-case basis when: a)The grease interceptor owner/operator has demonstrated the specific interceptor will produce an effluent with no visible grease, and based on defensible analytical results, can demonstrate consistent compliance with established local discharge limits such as BOD, TSS, FOG, or other parameters as determined by the POTW; and, b)Less than 25 percent of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases. 5)In any event, a grease interceptor or grit trap/oil separator shall be fully evacuated, cleaned, and inspected at least once every one hundred eighty (180) days. The Assistant City Manager  Utilities may also require traps to be serviced on a single event basis or schedule basis if deemed necessary for proper operation of the grease interceptor or grit trap/oil separator. Page 8 of 16 6)In the event that the establishment ceases operation, the establishment is required to pump the interceptor or trap before abandoning the property. If the owner of the business fails to empty the interceptor or trap, it shall become the responsibility of the property owner. 7)A generator of liquid waste shall not have hazardous waste or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit. 8)A generator shall verify the accuracy of the trip ticket from the transporter and then legibly complete and sign the trip ticket, to certify the statements on picked up by the transporter. The generator shall keep a copy of all trip tickets for a period of three years at the site of generation, unless otherwise approved. The Assistant City Manager  Utilities may inspect and copy these records at any time. 9)A generator shall: a)Provide equipment and facilities of a type and capacity approved by the city; b)Locate the interceptor or trap in a manner that provides ready and easy accessibility for cleaning and inspection; and c)Maintain the trap in effective operating condition. d)Not install or utilize any system, process or pretreatment involving the use of enzymes, bacteria, or other additives, nor alter the design or function of the grease interceptor or grit trap/oil separator unless approved in writing by the Assistant City Manager - Utilities. e)Supervise proper cleaning and complete removal of the contents of the trap. 10)A generator shall maintain the grease interceptor or grit trap/oil separator and its surrounding areas in sanitary conditions, free of litter and odors. 11)A generator shall immediately report spills and accidents involving liquid waste to the Assistant City Manager  Utilities. 12)A generator shall clean up all spills and abate all unsanitary c have material used for abatement, such as absorbent materials, disposed of by approved means and in a timely manner. 13)A generator of washwater or other liquid waste shall: a)Contain, collect and dispose of liquid waste by approved means; b)Protect the storm sewer system and the environment from discharges of liquid waste or other contaminants; c)Use approved methods for on-site or mobile treatment of liquid waste; and, Page 9 of 16 d)Accurately measure, by approved means, the volume of liquid waste collected and disposed of by the transporter. 14)Rates for sampling and/or analysis. Should any sampling and/or analysis be required by City Staff pursuant to any provision in this ordinance provided for generators, then the published rate for Sampling/Analysis Charges that is contained in the annual City of Denton Wastewater Rate Ordinance, Schedule SEE (Equipment Services Facilities and Restaurants & Food Services Establishments Wastewater Service) is applicable and will be charged and shall be paid by the generator. DIVISION 3. LIQUID WASTE TRANSPORTERS 26-309. Permit Required. 1)Permit Required. All persons owning or operating a vacuum truck, cesspool pump truck, liquid waste transport truck or other vehicle shall not service any septic tank, seepage pit, grease interceptor, grit trap/oil separator, or cesspool without first having received a valid transport truck discharge (TTD) permit or as required in Section 24-69 of this Code, whichever is applicable. 2)Permit Fee. TTD permits shall be issued by the Assistant City Manager  Utilities upon proper application and payment of a fee established by the city council and on file in the office of the city secretary. All TTD permits shall be valid for one (1) year. 3)Unloading or discharge of waste or wastewater. It shall be unlawful for any person to unload or discharge waste or wastewater except in a manner and at a place as specified by the Assistant City Manager  Utilities. Before discharging under a TTD permit, the Assistant City Manager  Utilities may require the person holding such permit to furnish a sample of the contents of the material to be discharged as a prerequisite to discharging into the wastewater system. The Assistant City Manager  Utilities may refuse permission to discharge abnormal strength wastewater into the wastewater system. 4)Rates for discharge. Any person discharging waste under a TTD permit under the provisions of this section or under section 24-69 of this Code, will be charged and shall pay disposal fees based on the applicable published rate for disposal contained in the current City of Denton Wastewater Rate Ordinance in Schedule SCH (Schedule for Septage & Chemical Toilet Disposal at the Pecan Creek Water Reclamation Plant Septage Transfer Facility), or under the current City of Denton Solid Waste Rate Ordinance in Schedule SWP (Collection and Transportation Services Permit). 5)Rates for sampling and/or analysis. Should any sampling and/or analysis be required by City Staff for any service provided for in a TTD permit, then the published rate for Sampling/Analysis Charges that is contained in the annual City of Denton Wastewater Rate Ordinance, Schedule SEE (Equipment Services Facilities and Restaurants & Food Services Establishments Wastewater Service) is applicable and will be charged and shall be paid by the holder of the TTD permit. Page 10 of 16 26-310. Manifest Requirements. 1)Persons who generate, collect, and transport grease interceptor and grit trap/oil separator waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include: a)Name, address, telephone, and TCEQ registration number of transporter; b)Name, signature, address, and telephone of the person who generated the waste and the date collected; c)Type and amount(s) of waste collected or transported; d)Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste; e)Date and place where the waste was deposited; f)Identification (permit or site registration number, location, and operator) of the facility where the waste was deposited; g)Name and signature of the facility on-site representative acknowledging receipt of the waste; h)The volume of the waste received; i)A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported. 2)Transporters shall obtain manifests from the City of Denton. 3)Manifests shall be divided into five parts and records shall be maintained as follows. a)One part of the manifest shall have the generator and transporter information completed and is given to the generator at the time of waste pickup. b)The remaining four parts of the manifest shall have all required information completely filled out and signed by the appropriate party before distribution of the manifest. One part of the manifest shall go to the receiving facility. One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste. One part of the manifest shall be returned by the transporter to the person who generated the wastes within fifteen (15) days after the waste is received at the disposal or processing facility. One part of the manifest shall go to the City of Denton Pollution Control Abatement Officer. Copies of manifests returned to the waste generator shall be retained for three years and be 4) readily available for review. Page 11 of 16 26-311. Responsibilities. 1)Each grease interceptor or grit trap/oil separator that is pumpe unless the trap volume is greater than the tank capacity on the vacuum truck in which case the transporter shall arrange for additional transportation capa evacuated within a twenty four (24) hour period, in accordance with 30 Texas Administrative Code, Chapter 312, Section 312.143. DIVISION 4. Abatement of Violations 26-312. Enforcement actions. 1)Notice of Violation. When the Assistant City Manager - Utilities finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Assistant City Manager - Utilities may serve upon that generator or transporter a written notice of violation. Within the timeframe specified in this notice, which is usually but not always ten days, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Assistant City Manager - Utilities. Submission of this plan in no way relieves the generator or transporter of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this sectio Assistant City Manager - Utilities to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. 2) Administrative Orders. a)Compliance Orders. When the Assistant City Manager - Utilities finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city manager - utilities may issue an order to the generator or transporter responsible for the discharge directing that the generator or transporter come into compliance within a specified time. If the generator or transporter does not come into compliance within the time provided, sewer service may be discontinued or a permit issued pursuant to this Chapter may be revoked. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the generator or transporter of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the generator or transporter. b)Cease and Desist Orders. When the Assistant City Manager - Utilities finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the generator's or transporters past Page 12 of 16 violations are likely to recur, the Assistant City Manager - Utilities may issue an order to the generator or transporter directing it to cease and desist all such violations and: i)Immediately comply with all requirements; and ii)Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. 3)Service of notice or order. Any notice or order issued under this article shall be in writing and served in person or by registered or certified mail on the generator or transporter of the liquid waste or other persons determined to be responsible for such violation. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the generator or transporter. 4)Appeals. Any person may appeal an order of the Assistant City Manager - Utilities by filing a written notice of appeal with the Assistant City Manager - Utilities on forms provided by the Utilities Administration Office. Such notice of appeal shall be service of the order. 5)Termination of service and revocation of permit. If no timely appeal is filed, the Assistant City Manager - Utilities may, if a violation is continuing or reoccurring or may reoccur, terminate wastewater service or revoke the permit of the person ordered to correct or abate such violation if such violation has not been corrected or abated within the time specified in such order. 6)Emergency suspension of service. a)Suspension. The Assistant City Manager - Utilities may, without prior notice, suspend water service, sanitary sewer service and/or storm sewer access discharging to the sanitary sewer or storm sewer when such suspension is necessary in the opinion of the Assistant City Manager - Utilities to stop an actual or threatened discharge which: i)Presents or may present imminent substantial danger to the envir provided by the health or welfare of persons; ii)Presents or may present imminent substantial danger to the POTW, storm sewer or waters of the state; or iii)Will cause pass through or interference of the POTW. b)Notice of suspension. As soon as is practicable after the suspension of service, the Assistant City Manager - Utilities shall notify the user or the person discharging to the wastewater or storm sewer of the suspension, and order such person to cease the discharge immediately. Page 13 of 16 c)Reinstating service. The Assistant City Manager - Utilities shall reinstate suspended services to the wastewater user or to the person discharging to the storm sewer: i)Upon proof by such person that the non-complying discharge has been eliminated; ii)Upon payment by such person of its outstanding water, sewer and stormwater utility charges; iii)Upon payment by such person of all costs incurred by the city in responding to the discharge or threatened discharge; and iv)Upon payment by such person of all costs incurred by the city in reconnecting service. d)Written statement. Within five (5) days of the day of suspension wastewater user or the person discharging to the storm sewer shall submit to the Assistant City Manager - Utilities a detailed written statement describing the cause of the discharge and the measures taken to prevent any future occurrence. 7)Right to hearing. A person whose service has been suspended under this section may apply to the department which suspended service for a hearing on the issue of the suspension. The hearing shall be conducted in accordance with subsection (9) of this section. 8)Other steps. If a person fails to comply with a notice or order issued under this section, the Assistant City Manager - Utilities shall take such steps as it deems necessary to prevent or minimize damage to the storm sewer, POTW or waters of the state, or to minimize danger to persons. Such steps may include immediate severance of a person's sanitary sewer connection. 9)Hearing and determination. a)An environmental appeals committee is hereby established and authorized to hear and decide appeals from any order issued by the Assistant City Manager - Utilities pursuant to this article. The committee shall be composed of three (3) members appointed by the city manager. No individual appointed to the committee shall be employed in the chain of command of the Assistant City Manager - Utilities. b)The committee may call and hold hearings, administer oaths, receive evidence at the hearing, and make findings of fact and decisions with respect to administering its powers in this chapter. c)Upon the hearing, the committee shall determine if there is substantial evidence to support the Assistant City Manager - Utilities determination and order. The decision of the committee shall be in writing and contain findings of fact. If the committee, determines that there is substantial evidence to support the determination and order of the Assistant City Manager - Utilities, the committee shall, in addition to its decision, issue an order: Page 14 of 16 i)Requiring discontinuance of such violation or condition; ii)Requiring compliance with any requirement to correct or prevent any condition or violation; or iii)Suspending or revoking any permit issued under this article. iv)In any decision and order issued by the committee, the order shall specify the time in which the compliance with the order must be taken. A copy of the decision and order shall be delivered to the appellant or person to whom the order is directed in person or sent to him by registered or certified mail. d)Should the appellant fail to comply with the order of the committee within the time specified therein, if any, the Assistant City Manager - Utilities, in addition to any other remedy provided for in this article, may terminate sewer service to the appellant. 26-313. Penalties. 1)A person who violates any provision of this article shall, upon conviction by the municipal court, be punished as provided in section 1-12 of the "General Provisions" chapter of this Code. 2)The city attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent jurisdiction. Such relief may include: a)An injunction to prevent a violation of this chapter; b)Recovery for damages to the POTW or storm sewer resulting from a violation of this chapter; c)Recovery for expenses incurred by the city in responding to a violation of this chapter; d)A daily civil fine of up to the maximum provided by Texas Local Government Code 54.017 (b) for a violation of sections 26-304 through 26-311; and all other damages, costs and remedies to which the city may be entitled. Page 15 of 16 SECTION 3. It is hereby declared to be the intention of the City Council of the City of Denton, Texas, that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portion despite any such invalidity. SECTION 4. Any person who shall violate any provision of this ordinance, or fails to comply therewith or with any requirements thereof, or a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a daily fine not to exceed two thousand dollars ($2,000) per day and subject to a daily civil penalty not to exceed the sum of five thousand dollars ($5,000) per day. Each such person shall 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 or adjudication of any such violations such person shall be punished within the limits above. SECTION 5. This ordinance shall become effective fourteen (14) days from its passage. 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 ____ day of ______________, 2012. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ___________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________ Page 16 of 16 /š’’;“·­w;-;zÝ;75Ò©z“mCš-Ò­D©šÒ¦a;;·z“m“7ÞštÒ,Œz-a;;·z“m­w;m©7z“mChD5©E· h©7z““-; Concernswereraisedregardingsizingandinstallationrequirements,includingtheuseofdevicesthat usenewtechnology. CitystaffexplainedthatsizingandinstallationrequirementsfallundertheBuildingInspections processandapprovalprocedures,although,IndustrialPretreatmentProgramstaffhasbeen coordinatingwithBuildingInspectionsandwillcontinuetoworkcloselywiththemduringthis process. Onequestionaddressedhow,when,andwhowilldeterminewhenaneworreplacementgreasetrap willberequired. Citystaffexplainedthatthiswillbedeterminedonacasebycasebasis.Staffwillfirstworkwith theowner/operatortoachievecompliancewiththeequipmentthatisinplace.Staffdoes expecttofindsomeexistingtreatmentunitsindisrepairasproactiveinspectionshaverecently beenimplemented,butthiswillmostlikelybeasmallnumberofunits. Oneownercommentedthathewasabletocoordinatewithconstructionbeingperformedbythecityin ordertominimizeinstallationcosts. Onetransporttruckhaulercommentedthattherequirementsfortransportersareverysimilartowhat severalothercitiesarealreadyimplementing. Duringoneofthepublicmeetings,onepersonaskedhowmanypeopleatthemeetingwererelatedto carwashoperations. Itwasdeterminedthat2ofthe7attendeeswerefromcarwashoperations. Therewasaconcernraisedfromthecarwashownersabouttheminimalimpactofcarwashgrittrap dischargesonthefats,oils,andgreaselevelsinthesewerandwhygrittrapsmaintenancerequirements wereequivalenttogreasetrapmaintenancerequirements. CitystaffstatedthatasamplingstudyconductedatcarwashesinDentonduring2007showed highconcentrationsofheavymetalsandsolids.Thesepollutantscanhaveanimpactonthe wastewatertreatmentplantandourbiosolidscompostingoperations. Theownersandoperatorsofcarwashesassertedthatthechemicalsandprocessesusedatcarwashes havechangedsubstantiallyoverthepastseveralyearsandrequestedthatcitystaffreevaluatethe dischargesfromcarwashes. Oneattendeeaskedabouttheageandsizeofthesewerlinesspecificallyintheolderlocations,suchas thesquareanddowntownareas. Citystaffrespondedthatsomesewerlinesmaybealmostonehundredyearsold,butmanyare fiftyyearsoldorless.Thecityimplementsanimprovementplantoconstantlyassessand evaluatetheneedforrehabilitationorreplacementofsewerlines. Anotherquestionwasconcernedwithwhatdepartmentstructuresfeesforliquidwastetransporters. SolidWasteDepartmentisresponsibleforpermittingandestablishingfeesfortransportersat thistime. Oneattendeeaskedabouthowthismayrelatetoautomechanicshops. Citystaffrepliedthatmanyhaveoil/waterseparatorsorgrittrapsonsitewhichwillbesubject totheproposedordinance,ifapproved,whichrequiresa180daypumpoutfrequency. Therewasaconcernraisedaboutpeoplethatchangetheirautomobileoilathomeandwhathappensif thatoilisspilledordumped. Citystaffexplainedthatishandledthroughthestormwaterdivision,CodeEnforcement,andin somecasestheFireMarshallOffice.Dumpingofthisnatureisillegal. Therewasaquestionabouthowaviolationwillbeaddressed. Staffrespondedthatownersandoperatorswillhave10workingdaystoresolvetheviolation, unlessthereisaspecificproblemthatmayneedadditionalattention,andmaybeissueda noticeofdeficiencyornoticeofviolation.Wewillbegoingslowthroughtheresolutionprocess andwillbeworkingwitheachcustomerastheprogramevolvesandgrows.Structuralproblems willbeworkedoutwithBuildingInspectionsandmayrequiremoretimeforresolution. Onerestaurantownerexpressedthathewashavingpersistentplumbingissuesuntilheincreasedhis greasetrapmaintenancefrequencytoonceevery60days.Theincreasedpumpingfrequencyresolved theplumbingproblems. ItwaspointedoutthatConsumerHealthisrequiringcopiesofmanifests,andthattheproposeddraft ordinancemaycausesomeredundancy. Citystaffrepliedthatthetransporters,nottrapownersandoperators,arenotrequiredto reportundertheprovisionsofthedraftordinance,andthattheywillworkwithConsumer Healthtoresolvetheissue. Onepersonaskediftherewasadefinitionofcarwashintheordinanceasseveralfacilitiesmayhave areaswheretherewerevehicles,butthatisnotthereprimarybusiness. Citystaffagreedthatwasanunintendedomissionandwillbecorrected. EXHIBIT3 MINUTES 1 PUBLIC UTILITIES BOARD 2 3 June 11, 2012 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, June 11, 2012 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Phil Gallivan (arrived at 9:35), Leonard Herring, 11 Barbara Russell, John Baines and Randy Robinson 12 13 Absent  Excused: Billy Cheek 14 15 Ex Officio Members: George Campbell, City Manager; Howard Martin, ACM Utilities 16 ITEMS FOR INDIVIDUAL CONSIDERATION: 17 18 19 3)Receive a report, hold a discussion and consider a recommendation of an approval of the 20 updated Ordinance revising the Fats, Oils and Grease (FOG) and related specialized waste 21 control provisions included in the City of Denton Code of Ordinances. 22 23 P.S. Arora, Wastewater Division Manager, made the introduction to the FOG presentation 24 speaking about the focus group and the public meetings. 25 Heather Goins, Pretreatment Program Manager, made the PowerPoint presentation. 26 Goins stated that staff presented to the PUB the draft proposed changes to the Fats, Oils and 27 Grease (FOG) provisions on January 9, 2012. This Board recommended meeting with the Focus 28 Group prior to the Public Meeting and then to bring back the comments from both meetings. 29 30 The focus group meeting was held on February 16, 2012. Businesses in attendance were Beth 31 Maries Old Fashioned Ice Cream, Wing Stop, Fremauxs Metropolitan Catering, Wendys Old 32 Fashioned Hamburgers, Sand Trap Services, and McDonalds. Staff presented the proposed 33 ordinance updates at that time. The questions and comments from the Focus Group mainly 34 focused on the sizing and installation requirements related to the Building Code. Staff explained 35 that the proposed Ordinance update does not affect those items. 36 37 The two public meetings were conducted on March 22, 2012, at 9 a.m. and at 2 p.m. in the Silver 38 Eagle Suite of the UNT University Union Building. Public meetings were advertised in several 39 ways, including an announcement slide that was prepared and distributed to DTV, DCTV and El 40 Matador; a news item posted to the citys website; an e-mail not 41 subscribers; posts were made to both facebook and twitter; a robocall sent to grease and grit trap 42 owners; and a direct-mail postcard delivered to grease and grit trap owners. The meetings drew 43 seven attendees in the morning and eight attendees in the afternoon that represented car washes, 44 restaurants, and auto repair facilities. The same information disseminated during the focus group 45 was presented by City staff. Questions were raised by the attendees regarding installation 46 requirements, the age of the Citys collection system, how businesses will be notified of the new 47 requirements, how compliance issues will be managed, and why car wash grit traps were Minutes of the Public Utilities Board Meeting June 11, 2012 Page 2 of 3 1 included in the ordinance. The answers provided by City staff appeared to resolve the attendees 2 concerns, except for the requirements for grit trap maintenance at car wash facilities. Car wash 3 owners requested to revisit the maintenance frequency for car washes. Staff agreed to do 4 sampling at the car washes. 5 6 Industrial Pretreatment Program conducted a sampling study at nine local car washes. The 7 sampling results did show substantial improvement in the quality 8 2007 sampling study. Using the sampling data, information about operations at the car washes 9 and the grit trap performance, the draft Ordinance was revised to include an on demand pumping 10 frequency for grit traps when businesses employ best management practices to ensure 11 compliance with all local discharge requirements. 12 13 Results from the public meeting were: acceptance of the grease trap maintenance requirements as 14 proposed, and revision of the proposed ordinance requirements for the grit trap maintenance. 15 Revision was communicated to the concerned parties, and they were all in agreement with the 16 changes. 17 18 Goins concluded by stating all Pretreatment Standards and Requirements must be met. 19 - 200 mg/L oil and grease limit 20 - 5.0 to 12.5 pH 21 - No interference or pass through 22 23 24 The requirements for grease traps are: 25 - a minimum of once every 90 days 26 - increased frequency as necessary to meet all discharge requirements 27 - waiver provision to decrease pumping frequency to 180 days 28 29 The requirements for grit traps are: 30 - once every 180 days; 31 - or as necessary to meet all discharge requirements as long as the stated best management 32 practices are conducted 33 34 Application of the 25% rule 35 - At any time the percent solids in the effluent side of a treatment unit cannot exceed 25% of the 36 wetted height 37 - Record keeping 38 - Manifests must be obtained each time a trap is serviced 39 - Manifests must be kept on site for a minimum of three years 40 41 Right of entry for inspections has been established in Sec. 26-161. 42 Grease disposal practices states that grease must be removed by 43 and disposed of in accordance with all state requirements. Traps must be completely evacuated. 44 45 Washwater disposal practices talks about containing, collecting, and disposing of washwater by 46 approved means. This is to protect the storm sewer system. Minutes of the Public Utilities Board Meeting June 11, 2012 Page 3 of 3 1 They are to use approved methods for treatment. Accurately measure the volume disposed of. 2 Prohibition of using additives in lieu of treatment/maintenance unless authorized in writing. 3 Enforcement actions to remedy noncompliance are also built in. 4 5 For Liquid Waste Transporters: 6 - Requirement to obtain a permit for each vehicle 7 - Usage of City of Dentons manifest 8 - Reporting requirements for each serviced trap 9 - Five part manifest established through septic hauler program 10 - One part will be returned to Pollution Control Abatement Offic 11 12 Prohibition of disposing of liquid waste at unauthorized locations reminds the truckers they 13 cannot open a manhole and dispose of the waste. 14 This will allow for future disposal of grease wastes at PCWRP. 15 There will be enforcement actions to remedy noncompliance for ha 16 17 Staff recommends approval by PUB of the recommendation to adopt the updates to the FOG 18 ordinance to the City Council. 19 20 Arora stated that this item will go to the City Council on July 17. Russell asked if those affected 21 by this had a chance to see the ordinance. Arora answered yes. 22 23 Baines asked if the car wash owners concerns were satisfied. Arora answered they were. 24 Herring asked if Arora felt like this was a better ordinance with the changes. Arora answered it 25 is. Discussions with the car wash owners and other business owners felt it was better as well. 26 Board Member Russell made the motion to approve Item 1, second by Board Member 27 Robinson. Vote 5-0 28 29 Smith stated that the next few items are budget related. If any Board Member has any 30 questions, today would be the day to ask them. 31 32 33 34 Adjournment 10:05am AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - Z11-0025, McKinney/Mayhill Rezoning Consider adoption of an ordinance providing for an initial zoning district and use classification of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) to approximately 33.1 acres of land and the rezoning of approximately 3.7 acres of land from a Neighborhood Residential 6 (NR-6) zoning district and use classification to a NRMU-12 zoning district and use classification; located at the southeast corner of McKinney Street and Mayhill Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission (This item was continued from the June 5, 2012 City Council recommends approval (5-1). meeting). PROPOSAL The subject property includes an approximate total of 40 acres. Approximately 10.6 acres are comprised of three (3) zoning districts; Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use 12 (NRMU-12), and Neighborhood Residential 6 (NR-6). The remaining 28.1 acres are subject to the Rural District 5 (RD-5) zoning and use classification; however they are currently unzoned. The applicant, Larry Reichhart (Spring Brook Planning Group); is requesting the initial application of a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to approximately 23.8 acres, the initial application of CM-G to approximately 4.3 acres and the rezoning of 3.5 acres from Neighborhood Residential 6 (NR-6) to NRMU-12. The 3.8 acres located at the northwestern corner of the outlined area will retain its current CM-G zoning. The remaining 3.4 acres just east of the current CM-G zoning will also retain its current NRMU-12 zoning. The ultimate outcome of the applicants proposal will result in approximately 8.1 acres of CM-G and 31.9 acres of NRMU-12. The applicant has indicated a desire to construct various commercial uses including professional offices and residential uses including single-family attached and detached dwellings at this location; however, it is important to note that if the subject property is rezoned to CM-G and NRMU-12 as requested, the property may be developed in accordance with the full use classification and general regulations associated with the two proposed zoning districts. BACKGROUND Prior to the 2002 city-wide rezoning, the northern portion of the site was zoned Agriculture (A) and the southern portion of the site was located in the Extraterritorial Jurisdiction (ETJ). The southern portion is located in an area identified as DH-11 and was annexed into the City of Denton in 2010 by Ordinance number 2010-129. It is important to note that when property is Agenda Information Sheet July 17, 2012 Page 2 annexed into the City of Denton, the property is essentially un-zoned. However, uses, intensities of use, dimensions or lot sizes must be authorized by the RD-5 zoning district. The property is currently undeveloped and is not platted. Platting will be required prior to the issuance of building permits and certificates of occupancy. The applicant did not host a neighborhood meeting. However, the applicant did send notices to property owners within 200 feet of the site, explaining the proposal with his contact information and staffs contact information (See Exhibit 8). Staff received no correspondence from residents within 200 feet of the site regarding the notice. Staff sent twenty one (21) certified notices of the public hearing to property owners within two hundred (200) feet of the subject property and fifty eight (58) to residents and property owners within five hundred (500) feet of the property. As of this writing, staff has received two (2) notices in favor of the request from property owners within 200 feet of the site. PRIOR ACTION/ REVIEW (Council, Boards, Commissions) 1.February 8, 2012, Planning and Zoning Commission Public Hearing 2.April 17, 2012 City Council Public Hearing 3.June 5, 2012 City Council Public Hearing (Tabled) OPTIONS 1.Approve as submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION At the April 17, 2012 City Council public hearing, the City Council approved the request with the following condition: Multi-family is prohibited At its May 1, 2012 Regular Meeting, the City Council adopted a motion for reconsideration of the ordinance approved on April 17, 2012. This adopted motion had the effect of suspending its earlier approved ordinance and placed the item back in the same position it occupied before the th City Councils April 17 vote. APPROVAL The Planning and Zoning Commission recommends of Z11-0025 (5-1). The increased intensity from RD-5 and NR-6 and the extension of the existing CM-G and NRMU-12 zoning districts has been reviewed by staff and has been determined to be appropriate APPROVAL at this location. The Development Review Committee (DRC) recommends of Z11- 0025. Agenda Information Sheet July 17, 2012 Page 3 EXHIBITS 1. Staff Report 2. Site Location/Aerial Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Notification Map 7. Property Owner Responses to Notification 8. Applicant Letter of Intent 9. Applicant Notice 10. Planning & Zoning Commission Meeting Minutes (2.8.12) & City Council Meeting Minutes (4.17.12 & 6.5.12) 11. Site Photos 12. Ordinance Prepared by: Johnna M. Matthews Senior Planner Respectfully submitted: Mark A. Cunningham, AICP, CPM Planning and Development Director Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: February 8, 2012 TYPE: Rezoning CC Date: April 17, 2012 PROJECT #:Z11-0025 June 5, 2012 Project Number: Z11-0025, McKinney/Mayhill Rezoning Request: Apply an official zoning district of Community Mixed Use General (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU-12) to approximately 28 acres of land and rezone approximately 3.7 acres of land from Neighborhood Residential 6 to Neighborhood Residential Mixed Use 12 (NRMU-12). Applicant: Larry Reichhart, Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 Property Bci Real Estate Ventures, Lp Owner: 525 S. Carroll Blvd., Suite 100 Denton, TX 76201 Location: The property is located at the southeast corner of McKinney Street and Mayhill Road. Size: 40 acres +/- Existing Zoning Designation(s): Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential 6 (NR-6), Rural District 5 (RD-5) Proposed Zoning Designation(s): Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use 12 (NRMU-12) Future Land Use: Community Mixed Use Center and Neighborhood Center Case Planner: Johnna M. Matthews DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL of Z11-0025. Summary of Analysis The subject property is currently located within four (4) zoning districts. Along the frontage of McKinney Street is Community Mixed Use General (CM-G), Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential 6 (NR-6). The remainder is located within the Rural District 5 (RD-5) zoning district. The portion of land located within the RD-5 zoning district was annexed into the City of Denton in 2010 and was located within an area identified as DH-11. The applicant is proposing that the existing CM-G along the frontage of McKinney be extended directly south for a total of approximately 8 acres. The applicant is proposing that the remaining 31.9 acres be zoned NRMU-12. The proposed CM-G zoning district is one 1 of two (2) land use categories within the group, Community Mixed Use Centers. Land use categories (zoning districts) within the Community Mixed Use Centers group include the proposed CM-G and Community Mixed Use Employment (CME). The purpose of these land use categories is to provide the necessary shopping services, recreation, employment and institutional facilities that are required and supported by the surrounding community. The proposed NRMU-12 zoning district is 1 of seven (7) land use categories within the group, Neighborhood Residential. Land use categories within the Neighborhood Residential group include and in the following order of intensity, Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential Mixed Use (NRMU). The purpose of the 7 aforementioned land use categories is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns and design standards. The Future Land Use Designation for the 8 acres in which the applicant is proposing is to rezone to CMG is located within a Community Mixed Use Center Future Land Use Designation. The remaining 31.9 acres in which the applicant is proposing to rezone to NRMU-12 is located within a Neighborhood Center Future Land Use Designation. The proposed zoning districts are consistent with both Future Land Use Designations and a comprehensive plan amendment will not be required. A portion of the site is located within the 2 zoning districts in which the applicant is proposing. The table below highlights only the differences in uses and general regulations of the proposed CM-G and NRMU-12 and the existing zoning districts of RD-5 and NR-6. It is important to note that the property that is currently zoned RD-5 was annexed into the City in 2010. When property is annexed into the City of Denton, the property is essentially un-zoned. However, uses, intensities of use, dimensions or lot sizes must be authorized by the RD-5 zoning district. NRMU-12 CM-G RD-5 NR-6 Residential Land Use Categories (Existing/ (Existing/ (Existing) (Existing) Proposed) Proposed) Single Family Dwellings P P PN SUP Accessory Dwelling Units P L(1) N L(1) Dwellings Above Businesses N N PP Live/Work Units P L(16) PP Duplexes N P PN Group Homes SUP N SUPN Multi-Family Dwellings N N L(4) L(6) & L(4) Manufactured Housing Developments P SUP NN NRMU-12 CM-G RD-5 NR-6 Commercial Land Use Categories (Existing/ (Existing/ (Existing) (Existing) Proposed) Proposed) Home Occupation P P PN Sale of Products Grown on Site P N NN Hotels N N NP Motel N N NP Bed and Breakfast L(10) N L(10) P Retail Sales and Service N N L(15) P Movie Theaters N N NSUP Restaurant or Private Club N N NP Drive-through Facility N N NP Professional Services and Offices N N L(14) P Quick Vehicle Servicing N N NP Vehicle Repair N N NP Auto and RV sales N N NP Laundry Facilities N N PP Equestrian Facilities P N NN Outdoor Recreation P P SUPP Indoor Recreation N N NP Major Event Entertainment N N NSUP Commercial Parking Lot N N NP Administrative or Research Facilities SUP N NP Broadcasting of Production Studio SUP N NP NRMU-12 CM-G RD-5 NR-6 Industrial Land Use Categories (Existing/ (Existing/ (Existing) (Existing) Proposed) Proposed) Printing/Publishing N N NP Bakeries N N NP Feed Lots SUP N NN Wholesale Nurseries P N NN Kennels L(14) N NN Veterinary Clinics P N NP SUPSUP SUP Gas Wells L(27) L(27) L(27) L(27) NRMU-12 CM-G RD-5 NR-6 Institutional Land Use Categories (Existing/ (Existing/ (Existing) (Existing) Proposed) Proposed) Basic Utilities P L(25) L(25) SUP Community Service N N PP Semi-public, halls, Clubs, Lodges N SUP L(15) P Business/Trade School N N NP Adult or Child Day Care P SUP PP Kindergarten, Elementary School P SUP PP Middle School N N PP High School N N NP Colleges N N NP Elderly Housing N SUP L(13) N Medical Center N N NP Mortuaries N N NP WECS (Free-standing Monopole Support L(41) SUP SUPSUP Structure) WECS (Building-mounted) L(42) SUP SUPSUP P= Permitted, N=not permitted, SUP= Specific Use Permit Required in Section 35.5.8 Limitations L(1) = Accessory dwelling units are permitted, subject to the following additional criteria 1.The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements o 4.One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) nd L(6) = Permitted only on 2 story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(8) = Travelers accommodations, are permitted, provided that The business-owner or manager shall be required to reside on the property occupied by 1. the accommodation, or adjacent property. That each accommodation unit shall have 1 off-street parking space, and the owners shall 2. have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. That only one ground or wall sign, constructed of a non-plastic material, non-interior 3. illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any adjacent or nearby the travelers accommodation. That the number of accommodation units allowed shall be proportional to the permitted 4. density of the zone. Each travelers accommodation unit shall b the purpose of calculating the permitted number of travelers accommodations. All travelers accommodations shall be within 200 feet of a collector or arterial. Street 5. designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. Excluding the business-owners unit and the area of the structure it will occupy, there 6. must be at least 400 sq. ft. of gross interior floor space remai Travelers accommodations are limited to no more than 8 guest units. 7. L(10) = All restrictions of L(8), but limited to no more than 5 guest units L(13) = Uses are limited to no more than 55,000 square feet of gross L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multip with approval of a SUP. L(42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades elevation. If the WECS does not use blades, then height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. Findings of Fact 1.The request is to apply an official zoning district of Community Mixed Use General (CM- G) to approximately 4.3 acres; apply an official zoning district to approximately 23.8 acres from RD-5 to Neighborhood Residential Mixed Use 12 (NRMU-12); and rezone approximately 3.7 acres from Neighborhood Residential 6 (NR-6) to NRMU-12. The ultimate zoning in which the applicant is proposing for the entire 40-acre site would include approximately 8.1 acres of CM-G and 31.9 acres of NRMU-12. 2.Prior to the 2002 city-wide rezoning, the northern portion of the site was zoned Agriculture (A) and the southern portion of the site was located in the Extraterritorial Jurisdiction (ETJ). 3.The southern portion is located in an area identified as DH-11 and was annexed into the City of Denton in 2010 by Ordinance number 2010-129. 4.It is important to note that when property is annexed into the City of Denton, the property is essentially un-zoned. However, uses, intensities of use, dimensions or lot sizes must be authorized by the RD-5 zoning district. 5.The site is located within two (2) Future Land Use Categories; Community Mixed Use Center and Neighborhood Center. The proposed zoning districts are compatible with the future land use designations. That said, a comprehensive plan amendment is not required. 6.According to the Denton Plan, the focus of a community activity center (Community Mixed Use Center Future Land Use Designation) contains the shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate-density housing, and perhaps an elementary of middle school. It includes vertically integrated uses where different uses may occur on each floor of the building. 7.According to the Denton Plan, within the Neighborhood Center Future Land Use Designation, within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of ‘neighborhood centers.’ These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood “greens” and floodplain preservation. Civic uses such as fire stations, schools, libraries and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. 8.Adjacent zoning districts include Employment Center Industrial (EC-I) and Neighborhood Residential 2 (NR-2) to the north; Rural District 5 (RD-) to the south; Community Mixed Use Employment (CM-E) to the west and Neighborhood Residential 4 (NR-4), ETJ and Neighborhood Residential 3 (NR-3) to the east. 9.The surrounding area is developed with a mix of various uses. North of the site are existing single-family homes, a religious institution, and Ryan High School. West of the site are various commercial offices and warehouse uses. East of the site is property located within the City’s extraterritorial jurisdiction (ETJ) and a single family subdivision; and south of the site is undeveloped land owned by the City of Denton. 10.The Environmentally Sensitive Area (ESA) map shows undeveloped floodplain within the limits of the subject property. Development would be subject to compliance with Section 35.17.7 of the Denton Development Code (DDC). 11.The floodplain line is required to be delineated based on topographical survey data and the base flood elevation on the FEMA map. 12.A stream buffer ESA (outside of the floodplain) extends 50 feet from the center line of the existing channel located on the east side of the property. Uses within areas designated as stream buffers are regulated by Section 35.17.8 of the DDC. 13.Any areas meeting the definition of wetlands, as defined by the US Corps of Engineers (USACE) will be subject to USACE permitting, regulation and mitigation. Areas planned for development should be assessed to determine of any jurisdictional wetlands exist. 14.Coordination with the City of Denton CIP Engineering Department is required for this development regarding the widening of Mayhill Road. 15.Coordination with TxDot is required for this development regarding the widening of McKinney Street. 16.Based on the size of the development, a TIA will be required to determine all offsite improvements and/or signal cost participation requirements. 17.Per Section 35.13.13.7 of the COD Development Code, all non-residential development are required to provide container enclosures for both solid waste and recycling storage facilities. 18.Sewer is available from an existing gravity main along Pecan Creek. Connecting to this main would involve acquiring an offsite 16’- Public Utility Easement. There is not sufficient available capacity in the existing 8-inch gravity main along Mayhill Road to serve the entire site at the most intense use associated with the proposed zoning. 19.Per Section 35.21.2.A.1 of the DDC, the existing 8-inch gravity sewer main is required to be extended within a 16-foot PUE, to the east property line of the subject site, to facilitate future service to the two un-sewered properties just east of the subject property. 20.Water is available from the existing 8-inch main along Mayhill Road. It is also available from the existing 16-inch main along McKinney Street; however only main-line taps (as opposed to service taps) would be allowed off this main. 21.The new electric service will be per DME’s Electric Service Standard available at www.dmepower.com. 22.For any residential dwellings, a Park Dedication and Development fees must be paid. This is in two sections, the first at time of Platting and the second at time of obtaining a building permit. 23.The property is currently not platted. Preliminary and final platting is required prior to the issuance of building permits and Certificates of Occupancy. 24.Ryan High School would serve the area high school students. Ryan High School is currently over capacity by 6%. Staff is unable to determine how many students the development would yield as the applicant has not indicated the number of residential structures proposed. Development Review Committee IS CONSISTENT The Development Review Committee finds that the request with the general IS CONSISTENTIS CONSISTENT character of the area, with the Denton Plan, and with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z11-0025. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Employment Center Industrial Employment Center Industrial (ECI) Neighborhood Residential 2 (NR-2) (EC-I) Neighborhood Residential 2 (NR-2) (Single Family) (Warehouses) (Single-family, Religious, Ryan High School) West: Subject Property East: Community Mixed Use Employment Community Mixed Use General Extraterritorial Jurisdiction (ETJ) (CM-E) (CM-G), Neighborhood Residential Neighborhood Residential 4 (NR-4) (Offices and Warehouses) Mixed Use 12 (NRMU-12), (ETJ and Single Family) Neighborhood Residential 6 (NR-6), Rural District 5 (RD-5) (Undeveloped) Southwest: South: Southeast: Community Mixed Use Employment Rural District 5 Rural District 5 (RD-5) (CM-E); Employment Center (Undeveloped) Neighborhood Residential 3 (NR-3) Industrial (EC-I) (Undeveloped and Single Family) (Undeveloped) Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: The area within ¼ mile radius of the site is comprised of approximately 204 acres. Uses within a ¼ mile radius of the site include a range of uses from each land use category of the Denton Development Code. Specifically, within a ¼ mile radius, there are approximately 26 acres which are considered agricultural uses; 38 acres developed with single developed with multi-family uses; approximately 50 acres are developed with schools; approximately 7.25 acres are developed with mobile home parks; approximately 46 acres are developed with institutional uses including parks and community service institutions and the remaining 25 acres are undeveloped. Comprehensive Plan: The proposed rezoning request does not require a comprehensive plan amendment. The underlying future land use designation for the property is Community Mixed Use Center and Neighborhood Center. According to the Denton Plan, the focus of a community activity center (Community Mixed Use Center Future Land Use Designation) contains the shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high-to moderate-density housing, and perhaps an elementary of middle school. It includes vertically integrated uses where different uses may occur on each floor of the building. According to the Denton Plan, within the Neighborhood Center Future Land Use Designation, within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of neighborhood centers. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood greens and floodplain preservation. Civic uses such as fire stations, schools, libraries and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multist neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. Zoning Allocation: The site includes approximately 40 acres, of which 3.7 acres is currently zoned CM-G; 3.4 acres is zoned NRMU-12; 3.5 acres is zoned NR-6 and 29.4 acres is zoned RD-5. The proposed zoning at this location would include approximately 4.3 acres from RD-5 to CMG; 23.8 acres from RD-5 to NRMU-12 and 3.7 acres from NR-6 to NRMU-12. The rezoning case would obviously affect the zoning allocation of the RD-5, NR-6, NRMU-12 and CM-G zoning districts. Currently, there is approximately 425.84 acres of land within the city that is zoned RD-5. If the applicants proposal is approved, the RD-5 allocation within the city will decrease to 397.74 acres. The NR-6 allocation within the city will decrease from 1,318.19 acres to approximately 1,314.49 acres. The NRMU-12 zoning allocation will increase from 1,179.55 acres to 1,207.65 acres and the CM-G zoning allocation will increase from approximately 1,113.11 acres to 1,117.41 acres. Zoning Allocation Current Allocation Proposed Allocation Zoning District (acres) (acres) RD-5 425.84 397.74 (Existing) NR-6 1,318.19 1,314.49 (Existing) NRMU-12 1,179.55 1,207.65 (Existing and Proposed) CM-G 1,113.11 1,117.41 (Existing and Proposed) Nearest Elementary, Middle, and High School According to the Denton Independent School District (DISD), Ryan High School is the school that high school aged children would attend. The functional capacity for Ryan High School is approximately 2,000 students. The existing capacity is approximately 2,123 students. Ryan High School has exceeded its existing capacity by 6%. Any future residential developments will impact the schools for the area. Staff was unable to determine the projects estimated student generation, as the applicant has not indicated the number of residential structures proposed. DISD has indicated that the school will continue to be over capacity until another high school is constructed. Name of School Approximate Distance Existing % Capacity Projects Estimated Annual From Subject Property Student Generation Rivera Elementary 2.8 ± miles 65% TBD School Calhoun Middle 3.3 ± miles 85% TBD School Ryan High School.36 ± miles -6% TBD Name of School Approximate Distance Existing % Capacity Projects Estimated Annual From Subject Property Student Generation Source: Denton Independent School District Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station # 2 (3309 E. McKinney Street) 0.75 miles ± Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 40 ± acres Proposed Demand or No) Permitted Density 12 du/acre for NRMU-12 Yes Potable Water Consumption (GPM 731 Yes at peak hour) Wastewater Generation (GPM at 462 Yes peak hour) B. Available Capacity: The anticipated water demand for this development is approximate Water is currently available from the existing 8-inch main along Mayhill Road. Water is also available from the existing 16-inch main along McKinney Street. However, only main line taps (as opposed to service taps) would be allowed off the main along McKinney Street. Sewer is available from an existing gravity main along Pecan Creek. Connecting to the Pecan Creek main would involve acquiring an offsite 16-foot PUE. There is not sufficient available capacity in the existing 8-inch gravity main along Mayhill to serve the entire s associated with the proposed zoning. Additionally, this development would require an extension of the 8-inch gravity sewer main, within a dedicated 16-foot PUE, to the east property line of the subject site, to facilitate future service to the two un-sewered property. C. CIP Planned Improvements: The Water Master Plan calls for a new 12-inch main to be installed along Mayhill Road in this area between 2017 and 2032. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes Proposed Demand 40 ± acres or No) 12 units/AC for NRMU-12 Permitted Density Yes 16,000SF drive thru restaurants Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 40 ± acres Proposed Demand or No) for CM-G Average Annual 10,481 Yes Daily Trips (AADT) PM Peak Hour Trips 994 Yes B. Available Capacity: A TIA is required by this development upon platting to determine current available capacity of both roadways (McKinney Street and Mayhill Road) and to determin required to widen the roadways as part of this development if prior to City/TxDot project schedules. C. Roadway Conditions: McKinney Street is an asphalt roadway and is proposed to be widened by TxDot in the near future. Mayhill Road is a City-owned roadway that is classified as unimproved. D. CIP Planned Improvements: There is a planned CIP project for the widening of Mayhill Road. Environmental Conditions: The Environmentally Sensitive Area (ESA) map identifies undeveloped floodplain within the limits of the subject property. Development of the property is subject to Subchapter 35.17.7 of the Denton Development Code. Additionally, a stream buffer (outside the floodplain) extends 50 feet from the centerline of the existing channel located on the east side of the property. Uses within areas designated as stream buffers are regulated under Subchapter 35.17.8 of the DDC. No structures are allowed in areas designated as stream buffers. Electric: The electrical provider in the area is Denton Municipal Electric (DME). Exhibit 2 Site Location/Aerial Map Exhibit 3 Existing Zoning Map 3.8 acres 4.5 acres 3.6 acres 28.1 acres Exhibit 4 Proposed Zoning Map 8.1 acres 31.9 acres Exhibit 5 Future Land Use Map Exhibit 6 Notification Map Exhibit 7 Property Owner Responses to Notification Exhibit 8 Applicant Letter of Intent Exhibit 9 Applicant Notice Exhibit 10 Planning and Zoning Commission Minutes (2.8.12) City Council Minutes (4.17.12) City Council Minutes (6.5.12) Exhibit 12 Site Photos Photos taken on the north side of McKinney Street near Carpenter Road looking south at the site. Photo taken at the southeast corner of McKinney Street and Mayhill Road looking southwest at the site. Photo taken along the south side of McKinney Street looking east along McKinney Street. Interior of the site Interior of the site Exhibit 11 Ordinance ��CHIE�IT i3 i.��',A'�"1�� 'Ifi.�P 1 � �, ��'�� , /�', . �.', +� � y F, � ��. � y.f. � 1 � `� ��� .�e�'a 41 , �� ����$ y�� '�' g � r,��� �iiR Y� ' � . TF �� Fi�� �, � � r� I � ° � Fi � � I � ' I �� �� � !F' �-5 �'� � � Ii � I � I �: i�� ��`:�� , � ir `�*:. � '� � 'a'� � I! � . ���Q I � - �Y �� � '{�' y �T �y!� PL � �_ _ s ,� � � .! � g C� ' ' '1 "' �� N ; a y r�'4 �i' ° ! r - � � l�h � �, � � � � - � � �� � � ��� 4 . �k.,. � �� ` !�� J. � ..., ���� �*. p��� �� . _ . ' y� s �`�"" ��:� � f� � � ; , �,.—� Y ��t •�, _+"���� �� e � � �• r t� ' � , . L .F 4 � ti°r+4M-r�r_.�.• �91�'�,:.. . I .; � iey dYir k F , � � � . AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation subject to a restrictive overlay on approximately 3.3 acres. The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove within the City of Denton, Denton County, Texas: providing penalty in the maximum amount of $2000.00 for violations thereof severability and an effective date. (Z11-0026) The Planning and Zoning Commission recommends approval (7-0). This item was postponed from the May 15, 2012 City Council meeti BACKGROUND The applicant, GreatVine Ministries, proposes to rezone the subject property with the intent to rehabilitate the existing structures and allow for Assisted Living, a form of Elderly Housing per Subchapter 23 of the Denton Development Code (DDC). The current zoning district for the property is Neighborhood Residential 3 (NR-3), which does not permit Elderly Housing. The zoning district sought is Neighborhood Residential Mixed-Use 12 (NRMU-12) subject to a restrictive overlay. The subject property is unplatted and was originally developed between 1963-1965 as the Fairhaven nursing home. The subject facility operated as a nursing home from its opening in 1965 until use of the facility was discontinued in 2009 and the Department of Housing and Urban Development (HUD) foreclosed on the property. GreatVine Ministries purchased the property from HUD in May 2011. The zoning designation of the subject property at the time it was originally developed is unknown as the City has no zoning map of that time. However, City records indicate that in 1969, the property was zoned as both Multiple Family District Restricted (MF-1), and Single Family Dwelling District (SF-7). Neither of these zoning districts permitted nursing homes. Nonetheless, a Certificate of Occupancy (CO) was issued by the City in 1970 for the use of the structure as a nursing home. Based upon the issuance of this CO, and lacking any evidence to the contrary, staff is treating the nursing home as a nonconforming use. In February 2002, with adoption of the DDC, the property was rezoned NR-3 as part of a City- wide rezoning, which does not permit Elderly Housing or nursing homes. The nursing home use Agenda Information Sheet July 17, 2012 Page 2 on the subject property discontinued around June 19, 2009 after defaulting on loan payments to HUD, and HUD took action to relocate tenants. A foreclosure recommendation was sent internally by HUD on October 14, 2009 and notices were sent to the owner of the violations and default on December 17, 2009. DDC Section 35.11.5.1.A.1 states: Whenever a nonconforming use is discontinued for six (6) months nonconforming rights shall cease, and the use of the premises shall be in conformance with this Subchapter and all applicable codes of the City. The term discontinue shall mean that the property or structure is vacant and no attempt to market the property is observable on the property or from the exterior of any structure, or that the property or structure is vacant and City taxes owned on property are delinquent. The Board may grant a special exception to this provision only if the owner can show there was a clear intent not to abandon the use even through the use may have been discontinued for six (6) months. The nursing home was vacant for over six (6) months, and staff has no evidence of any attempts to observably market the property during the foreclosure proceedings. In May 2011, GreatVine Ministries purchased the subject property with the intent of operating an Assisted Living facility. The applicant has chosen to move forward with a rezoning of the accommodate the proposed Elderly Housing use. It is noteworthy to mention that the subject buildings on the property were designed by Arch Swank, who was an associate architect of ONeil Ford and Roland Laney. The subject property, 2400 N. Bell Avenue, and its structures do not have a local, state or national historic designation. At the public hearing on February 22, 2012, the P&Z approved a motion to postpone consideration of the rezoning request (6-0) to a date certain of March 14, 2012. After closing the public hearing and the motion, Commissioner Lyke suggested the applicant hold another neighborhood meeting, and prepare any overlay conditions and present those conditions at the March 14, 2012 P&Z meeting. The applicant chose not to hold a subsequent public meeting and did not provide staff with any overlay restrictions on behalf of their applicant. At their public hearing on March 14, 2012, the P&Z recommended approval of the rezoning request subject to a restrictive overlay, restricting uses. The restrictions on the proposed uses were further restricted by the City Council at their meeting on At the City Council meeting on April 17, 2012, the Council directed staff to further restrict the overlay district; to remove all uses that could potentially be permitted with an SUP within the proposed NRMU-12 zoning district and for staff to research the attributed architect of the Fairhaven structures. The restrictive overlay, as requested by Council, is provided below in chart format and the requested research is provided in Exhibit 11. Agenda Information Sheet July 17, 2012 Page 3 At the City Council meeting on May 15, 2012, the Council directed the applicant to meet with residents to reach common ground regarding the potential preservation of the Fairhaven Retirement Home as it exists today. The applicant has declined to hold another neighborhood meeting and has instead proffered two additional conditions of approval to address area resident concerns. The proposed conditions are as follows: 1.The exterior appearance of the structure shall not be altered, excepting maintenance (including window replacement), without City Council approval. 2.The height and exterior appearance of the structure shall not be altered, excepting maintenance (including window replacement), without City Council approval. Additionally, a letter of support to the City of Denton Planning and Zoning Commission was sent by the Denton County Historical Commission urging preservation of the Fairhaven Retirement Home is included as Exhibit 12. Agenda Information Sheet July 17, 2012 Page 4 NRMU- NR-3 Residential Land Use Categories 12 Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P SUP Accessory Dwelling Units L(1) N L(1) Attached Single Family Dwellings SUP PN Dwellings Above Businesses N PN Live/Work Units N PN Duplexes N PN Community Homes For the Disabled P P Group Homes N SUPN Multi-Family Dwellings N L(4)N Manufactured Housing Developments N N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Agenda Information Sheet July 17, 2012 Page 5 NRMU- NR-3 Commercial Land Use Categories 12 Home Occupation P P Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast N L(10)N Retail Sales and Service N L(15)N Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N Professional Services and Offices N L(14)N Quick Vehicle Servicing N N Vehicle Repair N N Auto and RV Sales N N Laundry Facilities N P N Equestrian Facilities N N Outdoor Recreation P SUP N Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N N Broadcasting of Production Studio N N Sexually Oriented Business N N Temporary Uses L(38) L(38) N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Agenda Information Sheet July 17, 2012 Page 6 NRMU- NR-3 Industrial Land Use Categories 12 Printing / Publishing N N Bakeries N N Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N N Incinerators, Transfer Stations SUP SUP Gas Wells L(27) L(27) N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Agenda Information Sheet July 17, 2012 Page 7 NRMU- NR-3 Institutional Land Use Categories 12 Basic Utilities L(25) L(25) Community Service N P N Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP L(15) N Business / Trade School N N Adult or Child Day Care SUP PN Kindergarten, Elementary School SUP PN Middle School N PN High School N N Colleges N N Hospital N N Elderly Housing N L(13) Medical Centers N N Cemeteries N N Mortuaries N N WECS (Free-standing Monopole Support SUPSUP N Structure) WECS (Building-mounted) SUP SUP N P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. Agenda Information Sheet July 17, 2012 Page 8 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements o 4.One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animal may be added at a rate of one per each acre over three. L (13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. Agenda Information Sheet July 17, 2012 Page 9 OPTIONS 1.Recommend approval as submitted. 2.Recommend approval subject to conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this rezoning request, subject to a restrictive overlay district (7-0). APPROVAL The Development Review Committee recommends of this rezoning request. PRIOR ACTION/REVIEW 1.City Council May 15, 2012 2.City Council April 17, 2012 3.Planning and Zoning Commission March 14, 2012 4.Planning and Zoning Commission February 22, 2012 Agenda Information Sheet July 17, 2012 Page 10 EXHIBITS 1.Staffs Report 2.Site/Location Map 3.Existing Site Plan 4.Existing Zoning Map 5.Proposed Zoning Map 6.Future Land Use Map 7.Notification Information 8.Site Photographs 9.Letter From Applicant 10.Notice of Public Hearing Responses 11.Requested Research 12.Letter from the Denton County Historical Commission, June 8, 201 13.Planning and Zoning Commission, February 22, 2012, Meeting Minutes 14.Planning and Zoning Commission, March 14, 2012, Meeting Minutes 15.Ordinance Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development EXHIBIT 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEEE STAFF REPORT P&Z Date: February 22, 2012 & Type: Rezoning March 14, 2012 CC Date: April 17, 2012, May 15, 2012 Project #: Z11-0026 & July 17, 2012 Project Number: Z11-0026 Request: Rezoning from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district on approximately 3.3 acres. Applicant: Spring Brook Planning Group Larry Reichhart 2405 Mustang Drive Grapevine, TX 76051 Property Owner: GreatVine Ministries 729 Grapevine Highway Hurst, TX 76054 Location: The property is located east of Bell Avenue, approximately 500 feet north of the northeast intersection of Sherman Drive and Bell Avenue and is approximately 185 feet south of Sunrise Cove. Size: 3.3 acres Zoning Designation: Neighborhood Residential 3 (NR-3) Future Land Use: Existing Land Use Case Planner: Erica Marohnic, AICP APPROVAL DRC The Development Review Committee recommends of Recommendation: this rezoning request. P&Z Recommendation APPROVAL The Planning and Zoning Commission recommends of this rezoning request, subject to a restrictive overlay district. Summary of Analysis: The subject property is currently developed with two one-story brick structures totaling approximately 29,317 sq. ft., a parking area adjacent to Bell Avenue, concrete walkways through the property and several wood decks. The property is also unplatted. GreatVine Ministries proposes to rezone the subject property with the intent to rehabilitate the existing structures for an Assisted Living Facility, a form of Elderly Housing. The requested NRMU-12 zoning district would permit Elderly Housing with an L (13) limitation: L (13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per square lot. The existing conditions of the property are in compliance with the L (13) limitation as well as the density, bulk, dimensional and setback requirements for NRMU-12 (Exhibit 3). The zoning district sought would allow the historical use for Elderly Housing to be reinstated and for rehabilitation and possible future expansion. The potential for other uses of the property would occur with rezoning to an NRMU-12 district including: attached single-family dwelling units, dwelling above businesses, live/work units, duplexes, a bed and breakfast, retail sales and services, professional service and offices, laundry facilities, semi-public halls, clubs and lodges, adult or child day cares, kindergarten or elementary schools or a middle school. The following uses would be permitted if a Specific Use Permit (SUP) were sought, group homes, multifamily dwellings and outdoor recreation. The proposed rezoning is compatible with the underlying future land use category and DDC. Future platting and construction may be anticipated with approval of the rezoning and rehabilitation of the site. The following is a comparison of permitted uses between the NR-3 and NRMU-12 zoning districts: NRMU- NR-3 Residential Land Use Categories 12 Agriculture P P Livestock L(7) L(7) Single Family Dwellings P P SUP Accessory Dwelling Units L(1) L(1) Attached Single Family Dwellings SUP P Dwellings Above Businesses N P Live/Work Units N P Duplexes N P Community Homes For the Disabled P P Group Homes N SUP Multi-Family Dwellings N L(4) Manufactured Housing Developments N N NRMU- NR-3 Commercial Land Use Categories 12 Home Occupation P P Sale of Products Grown on Site N N Hotels N N Motels N N Bed and Breakfast N L(10) Retail Sales and Service N L(15) Movie Theaters N N Restaurant or Private Club N N Drive-through Facility N N Professional Services and Offices N L(14) Quick Vehicle Servicing N N Vehicle Repair N N Auto and RV Sales N N Laundry Facilities N P Equestrian Facilities N N Outdoor Recreation P SUP Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities N N Broadcasting of Production Studio N N Sexually Oriented Business N N Temporary Uses L(38) L(38) NRMU- NR-3 Industrial Land Use Categories 12 Printing / Publishing N N Bakeries N N Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N N Incinerators, Transfer Stations SUP SUP Gas Wells L(27) L(27) NRMU- NR-3 Institutional Land Use Categories 12 Basic Utilities L(25) L(25) Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges SUP L(15) Business / Trade School N N Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N N Colleges N N Hospital N N Elderly Housing N L(13) Medical Centers N N Cemeteries N N Mortuaries N N WECS (Free-standing Monopole Support SUP SUP Structure) WECS (Building-mounted) SUP SUP The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L (1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must conform to the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential (13) L (4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. L (7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L (10) = All restrictions of L (8), but limited to no more than 5 guest units. L (13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L (14) = Uses are limited to no more than 10,000 square feet of gross floor area. L (15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L (27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (38) = Must meet the requirements of Section 35.12.9. 35.5.2.3 General Regulations. General regulations of the Residential Neighborhood land use zon The following limits apply to subdivision of 2 acres or less: NRMU- NR-3 General Regulations 12 Minimum lot area (square feet) 10,000 3,500 Minimum lot width 60 feet 30 feet Minimum lot depth 80 feet 80 feet 15 feet Minimum front yard setback 10 feet L(2) Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet Minimum rear yard 10 feet 10 feet The following limits apply to subdivision of more than 2 acres i NRMU- NR-3 General Regulations 12 Maximum density, dwelling units per acre 3.5 12 Minimum side yard for non-attached 6 feet 10 feet buildings The following limits apply to all buildings: NRMU- NR-3 General Regulations 12 Maximum lot coverage 50% 60% Minimum landscaped area 55% 40% Maximum building height 40 feet 40 feet Maximum WECS height 55 feet 55 feet 10 feet 15 feet plus 1 plus 1 foot for foot for each each Minimum yard when abutting a single- foot of foot of family use or district building building height height above above 20 feet 20 feet Center on Thursday, January 19, 2012. There were approximately nine persons in attendance including the case planner and the consultant included a presentation of the history of the property and why the applicant was seeking a rezoning. Issues asked and discussed by meeting attendees included maintenance of the property specific to the ditch between Fairhaven and the subdivision to the north, questions related to why TWU had not purchased the property for student housing, the appeal option for the applicant to the Zoning Board of Adjustment for a Special Exception, neighborhood protection, purview of the Historic Landmark Commission over the property/structures, Conservation Historic District for a Special Exception but not for a blanket rezoning and the possibility of the property redeveloping for multifamily student housing. A second neighborhood meeting was not held by the applicant after the February 22, 2012 P&Z hearing. Findings of Fact 1.The applicant is requesting to rezone approximately 3.3 acres from a Neighborhood residential 3 (NR-3) to a Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district. The subject property is located within the Existing Land Use future land use category. 2.The property is unplatted. There are two structures, the most western structure is approximately 14,927 sq. ft. and the second structure behind it is approximately 14,390 sq. ft. Each building is one story in height. The property has been historically utilized as a nursing home. 3.Prior to the adoption of the DDC in 2002, the subject site had a split zoning of Multiple Family District Restricted (MF-1) and Single Family Dwelling District (SF-7). 4.The purpose of the Existing Land Use Districts is defined by the Denton Plan as, Within established residential areas, new development 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. 5.Land Use categories within the Neighborhood/Residential districts include Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed-Use 12 (NRMU-12) and Neighborhood Residential Mixed-Use (NRMU). 6.Adequate public facilities shall be a criterion by which zoning is granted. 7.The subject site is not located within an Overlay, Historic or Conservation District. 8.There is one planned public improvement for sanitary sewer within the subject property boundaries The Capital Improvements Plan, currently in the design stage, involves the replacement of the existing gravity sewer that goes through the southern portion of this property. This existing pipe is 6-inches and the proposed pipe will be 8-inches. 9.There are no identified environmentally sensitive areas located on site. 10.Bell Avenue is classified as an improved perimeter street. 11.Additional right-of-way will be required to serve future development. 12.An existing 12-inch potable water main is along Bell Avenue and will continue to serve the property. 13.An existing 6-inch gravity sewer line is available along eastern property line and will continue to serve the property. 14.Anticipated water demand is approximately 46 gallons per minute (GPM). 15.Anticipated wastewater demand is approximately 29 GPM. 16.Anticipated storm water demand is approximately 23 cubic feet per second (CFS). 17.Anticipated transportation demand is approximately 277 trips per day. 18.Expansion of existing facilities will not be required for rehabilitation of the subject property. Off-site improvements and/or right-of-way dedication may be required if intensity of proposed future uses necessitates. Planning and Zoning Commission Recommendation APPROVAL The Planning and Zoning Commission recommends of this rezoning request, subject to a restrictive overlay district. APPROVAL The Development Review Committee recommends of this rezoning request. Development Review Committee Based upon the information provided by the applicant, staff analysis and a recent site visit, the IS Development Review Committee finds that with the recommended conditions the request CONSISTENT IS with the surrounding land uses and general character of the area, CONSISTENT IS CONSISTENT with the Denton Plan, and with the Denton Development Code. Based upon the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of this rezoning request. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Neighborhood Residential Mixed-Neighborhood Residential 4 (NR-4) Neighborhood Residential 3 (NR-3) Use 12 (NRMU-12) Sunrise Cove Addition Calvary United Pentecost Fox Fire Apartments (Single-family) (Religious) (Multifamily) West: Subject Property East: Neighborhood Residential 3 (NR-3) Neighborhood Residential 3 (NR-3) Neighborhood Residential Mixed- and Neighborhood Residential Former Fairhaven Use (NRMU) Mixed-Use 12 (NRMU-12) (formerly Elderly Housing) Undeveloped and former Piggly Gateway United Baptist Church and Wiggly Grocery Store Pinecrest Apartments (Vacant and Commercial) (Religious and Multifamily) Southwest: South: Southeast: Neighborhood Residential Mixed-Neighborhood Residential Mixed-Neighborhood Residential Mixed- Use 12 (NRMU-12) Use 12 (NRMU-12) Use (NRMU) Gardenview Garden Apartments Trinity Presbyterian Church Former Piggly Wiggly Grocery (Vacant and Multifamily ) (Religious) Store (Commercial) Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: The area within a ¼ mile radius of the property is comprised of approximately 149 acres. Within this ¼ mile radius of the property are a range of uses from each land use category of the DDC, such as commercial, government, religious, single-family, multifamily and undeveloped property. There are approximately 7.058 acres of commercial land; approximately 0.063 acres classified as government; approximately 10.743 acres classified as religious; approximately 5.621 acres classified as undeveloped, approximately 90.459 acres classified as single-family; and approximately 35.400 acres classified as multifamily. Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies The Denton Development Code states the purpose of the Existing Land Use/Infill Compatibility is to, 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, The historical and proposed use of the property and the existing and proposed zoning districts are consistent with the Goals, Objectives and Strategies of the Denton Plan. Zoning Allocation: The site includes approximately 3.3 acres zoned NR-3. The rezoning case would affect the zoning allocation of the NR-3 and NRMU-12 zoning districts within the City. Currently, there is approximately 3,806.768 acres of land within the city that is zoned NR- proposal is approved, the NR-3 allocation within the city will decrease to 3,803.468 acres. The NRMU-12 allocation within the city will increase from 1,179.547 acres to approximately 1,182.847 acres. Zoning Allocation Current Allocation Proposed Allocation Zoning District (acres) (acres) NR-3 3,806.768 3,803.468 (Existing and Proposed) NRMU-12 1,179.547 1,182.847 (Existing and Proposed) Nearest Elementary, Middle, and High School If future development of the site was not age restricted, according to the Denton Independent School District (DISD), Ginnings Elementary School, Strickland Middle School and Denton High School are the schools that school-aged children would attend. The functional capacity for Denton High School is unknown at this time. Name of School Approximate Distance From Subject Property Ginnings Elementary 1.5± miles School Strickland Middle 0.6 ± miles School Denton High School 1.6± miles Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station # 4 (2110 E. Sherman Drive) 1.48 miles ± Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 3.3 ± acres Proposed Demand or No) Permitted Density 12 du/acre for NRMU-12 Yes Potable Water Consumption (GPM 46 (peak hour) Yes at peak hour) Wastewater Generation (GPM at 29 (peak hour) Yes peak hour) B. Available Capacity: The anticipated water demand for this development is approximately 46 GPM at peak hour. Water is currently available from the existing 12-inch main along Bell Avenue. The existing 16- inch main along portion of the western property line is not available for service taps. Sewer is available from existing gravity 6- property line and a portion of the eastern property line. The existing water and sewer mains to serve this property have adequate capacity. C. Capital Improvements Projects (CIP) Planned Improvements: There is a CIP currently in the design stage involving the replacement of the existing gravity sewer that goes through the southern proportion of this site. The existing pipe size is 6-inches and the proposed pipe size is 8-inches. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 3.3 ± acres Proposed Demand or No) Permitted Density 12 units/AC for NRMU-12 Yes Average Annual 277 Yes Daily Trips (AADT) PM Peak Hour Trips 28 Yes B. Available Capacity: Bell Avenue has available capacity to accommodate the proposed rezoning. C. Roadway Conditions: Bell Avenue is classified as an improved perimeter street. D. CIP Planned Improvements: There are no planned CIP projects for Bell Avenue in this area. Environmental Conditions: Surface Water: There is no surface water on site. B. Environmentally Sensitive Areas: There are no environmentally sensitive areas on site. Wells (Public/Private): There are no wells, public or private on site. Any future development would be served by City potable water. Airports: Electric: The electrical provider in the area is Denton Municipal Electric (DME). Comments from other Departments: None. EXHIBIT 2 SITE/LOCATION MAP Subject Site EXHIBIT 3 EXISTING SITE PLAN EXHIBIT 4 EXISTING ZONING MAP NR-3 EXHIBIT 5 PROPOSED ZONING MAP NRMU-12 EXHIBIT 6 FUTURE LAND USE MAP Existing Land Use EXHIBIT 7 NOTIFICATION MAP Public Notification Date: February 12, 2012 19 62 In Opposition: 0 In Favor:1 (3.04%) Neutral:1 (3.80%) EXHIBIT 8 SITE PHOTOS East Towards Property Northeast Towards Property Southeast Towards Property East Towards Property Northeast Towards PropertySoutheast Towards Property EXHIBIT 9 LETTER FROM APPLICANT EXHIBIT 10 NOTICE OF PUBLIC HEARING RESPONSES EXHIBIT 13 PLANNING AND ZONING COMMISSION, FEBRUARY 22, 2012, MEETING MINUTES EXHIBIT 14 PLANNING AND ZONING COMMISSION, MARCH 14, 2012, MEETING MINUTES AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Transportation Operations ACM: Jon Fortune, 349-8535 SUBJECT Consider the approval of a resolution of the City Council of the City of Denton, Texas, appointing a primary and an alternate member as an official voting representative to the Regional Transportation Council (RTC) of the North Central Texas Council of Governments; and providing an effective date. BACKGROUND In 2008, the North Central Texas Council of Governments (NCTCOG) RTC approved a revision to its Bylaws and Operating Procedures to reflect changes in membership based on the NCTCOGs most recent population and employment figures. The revision included a provision to cluster the City of Denton with several Denton County municipalities with populations greater than 5,000 to meet a population threshold of approximately 208,000 per each RTC seat. The Cities of Denton, Corinth, Highland Village, Lake Dallas, Little Elm and Sanger share a seat on the RTC. The Bylaws and Operating Procedures state that the person representing a group of several cities (cluster cities) shall be selected by the mayors using a weighted vote of the maximum population or employment of the cities represented. This population and employment formula result in the City of Denton as the weighted majority entity for RTC representation. The representatives selected shall serve a two-year term beginning in June of even-numbered years and shall currently serve on the governing body they repre revision allows for each seat on the RTC to have an alternate member in addition to the primary member. The alternate member has voting capability and may represent the group should the primary member not be able to attend a particular meeting. Mayor Pro-Tem Kamp has served as the City of Denton representative on the RTC for more than eight years, serves as the 2012-2013 Chair of the RTC and has indicated a desire to continue serving on the RTC through 2014. Former Highland village Mayor Scott McDearmont, served as the Alternate from July 2010 through May 2012. Newly elected Mayor Patrick Davis, Highland Village, has contacted Mayor Burroughs requesting the opportunity to serve as the RTC alternate representing Denton urbanized area and the grouped cities. PRIOR ACTION/REVIEW: On June 22, 2012, Michael Morris, NCTCOG Director of Transportation sent letters to the mayors of each city grouped with Denton requesting designation of the primary and alternate for th the Denton urbanized area. Due to lack of action items for the July 10 Mobility Committee and the timely nature of the appointment, this item was placed on the Council agenda for consideration without a recommendation by the Mobility Committee. Agenda Information Sheet July 17, 2012 Page 2 RECOMMENDATION Approve the draft resolution appointing Mayor Pro Tem Kamp, Denton, as the primary member to the RTC and Mayor Patrick Davis, Highland Village, as the alternate member. SCHEDULE RTC representatives serve a two-year term beginning in June of even numbered years. The representatives designated at this time will serve until the end of May 2014. EXHIBITS 1.NCTCOG letter dated June 22, 2012. 2.Resolution Respectfully submitted: Mark Nelson, Transportation Director AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Economic Development ACM: Jon Fortune, Assistant City Manager SUBJECT Consider nominations/appointments to the City's Economic Development Partnership Board. BACKGROUND The City Council appointed a nominating committee at the June 19 recommending nominees for Economic Development Partnership Board membership. Nominating committee members are Mayor Pro Tem Pete Kamp, Council Member James King, and Chamber of Commerce Board member Hank Dickenson. Economic Development Partnership Board (EDPB) members serve two-year terms and may serve as many as three terms. The ordinance creating the Board provides that EDPB members must fall into specific categories when they are originally appointed to the Board (categories shown in table below). City Council members and Chamber of Commerce Board members may be reappointed to two additional consecutive terms even if they no longer serve on the City Council or Chamber Board. The current EDP Board is comprised of the following members: EDP Board Member Category Term Expires Marty Rivers, Chair Chamber of Commerce 2012 (Not Eligible) Virgil Strange, Vice-Chair Chamber of Commerce 2013 Mark Burroughs City Council 2012 (Eligible) Dalton Gregory City Council 2013 Denny Aldridge Top 20 Taxpayer 2013 Caleb ORear Top 20 Taxpayer 2012 (Eligible) Lane Rawlins University of North Texas 2012 (Eligible) Cleve Breedlove Aviation 2013 Carrell Ann Simmons At Large 2012 (Eligible) Marty Rivers has now served three two-year terms and is not eligible for reappointment this year. Mark Burroughs, Caleb ORear, Lane Rawlins and Carrell Ann Simmons terms have expired but are all eligible for reappointment. The nominating committee met and is prepared to present their slate of nominees to the City Council. The committee nominates: Mark Burroughs, City Council Caleb ORear, Top 20 Taxpayer Lane Rawlins, University of North Texas Carrell Ann Simmons, At-Large Greg Johnson, Chamber of Commerce Agenda Information Sheet Economic Development Partnership Board July 17, 2012 Page 2 Respectfully submitted: _______________________________ Linda Ratliff, Director Economic Development Department - 2 - AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Planning & Development ACM: Fred Greene SUBJECT  DCA11-0006 Subchapter 35.5 and 35.23 Hold a public hearing and consider adopting an ordinance of the City of Denton, Texas, regarding amending the Denton Development Code by adding Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the parkin or sorority houses, boarding houses, and dormitories in Subchapt for Conference/Convention Center, Distribution Center/Warehouse (General), Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Family, Dormitory, Accessory Dwelling, Duplex, Manufactured Home Family Dwelling, Single-Family Detached Dwelling, Single-Family Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and Fraternity Subchapter 35.23; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. The Planning and Zoning Commission recommends approval 6-0. BACKGROUND Subchapter 35.5 of the Denton Development Code (DDC)  Zoning Districts and Limitations, provides a list of land uses by zoning districts. While the DDC currently provides definitions f fraternity or sorority house, and dormitory, these uses are not included on the list of land us 35.5, and are therefore not allowed within any zoning district. Additionally, the DDC does not currently provide a definition for Conference/Convention Center, Distribution Center/Warehouse (General) or Warehouse (Retail), nor are these uses currently allowed. PROPOSAL Staff is recommending making provision for the aforementioned uses in subchapter 35.5 of the DDC and adding definitions for the uses in subchapter 35.23 of the DDC, as indicated in Exhibit A of the Draft Ordinance. Fraternity or Sorority House, and Dormitory  although currently defined by the DDC, they are not listed in the land use section of the code. Conference/Convention Center,Distribution Center/Warehouse, General, and Warehouse, Retail  are new uses that will be defined by the DDC and placed in the land use section of the code. Agenda Information Sheet July 17, 2012 Page 2 On January 25, 2012, staff presented the subject Code amendment to the Planning and Zoning Commission (P&Z) during a work session. At the work session, the P&Z directed staff to make the following revisions: Provide clarification for the definition of Warehouse (Retail). The definition of Warehouse (Retail) was modified to provide clarity regarding the allowable range of merchandise to be kept within the use. Address fraternity or sorority house and dormitory. Staff revised the definition of Warehouse (Retail). On March 14, 2012, staff presented these revisions to the P&Z and received further direction to conduct further research regarding the following items: Foster Homes; Minimum residential lot size requirement; and Bulk storage of materials that are flammable or explosive. On March 28, 2012, staff presented responses to the P&Zs questions and revised the recommendations accordingly. On June 20, 2012, staff presented to the City Council during a work session and received comments/recommended changes. Respons comments and recommended changes are incorporated in this staff report; see Exhibit A of the Draft Ordinance. Please note that language added are shown in blue and language deleted are shown in red. PRIOR ACTION/REVIEW January 25, 2012 Planning and Zoning Commission Work Session March 14, 2012 Planning and Zoning Commission Work Session March 28, 2012 Planning and Zoning Commission Work Session April 11, 2012 Planning and Zoning Commission Public Hearing June 20, 2012 City Council Work Session OPTIONS 1.Approve as submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. Agenda Information Sheet July 17, 2012 Page 3 RECOMMENDATION approval The Planning and Zoning Commission recommends 6-0 of the proposed Code amendments. approval Staff recommends of the proposed Code amendments. EXHIBITS 1.Marked-up Draft Ordinance 2.Family Definitions 3.Conference/Convention Center Definitions 4.Warehouse Definitions 5.Distribution Center Definitions 6.Parking Requirements for Boarding House, Fraternity or Sorority House, and Dormitory 7.April 11, 2012 - Planning and Zoning Commission Meeting Minutes 8.Draft Ordinance Prepared by: Ron Menguita, AICP Development Review Liaison Respectfully submitted: Brian Lockley, AICP, CPM Development Review Committee Administrator Exhibit 1 Marked-up Draft Ordinance ORDINANCE 2012-XXX AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AMENDING THE DENTON DEVELOPMENT CODE BY ADDING FRATERNITY OR SORORITY HOUSE, DORMITORY, CONFERENCE/CONVENTION CENTER, DISTRIBUTION CENTER/WAREHOUSE (GENERAL) AND WAREHOUSE (RETAIL) AS LAND USES I SUBCHAPTER 35.5, BY REMOVING DISTRIBUTION CENTER AND WAREHOUSE STORAGE AND DISTRIBUTION AS LAND USES IN SUBCHAPTER 35.5, BY REMOVING LANGUAGE REGARDING MINIMUM RESIDENTIAL LOT SIZE AND ADDING LANGUAGE REGARDING MAXIMUM PERSONS OCCUPYING A DWELLING IN SUBCHAPTER 35.12, BY AMENDING THE PARKING REQUIREMENTS FOR FRATERNITY OR SORORITY HOUSES, BOARDING HOUSES, AND DORMITORIES IN SUBCHAPTER 35.14, BY ADDING DEFINITIONS FOR CONFERENCE/CONVENTION CENTER, DISTRIBUTION CENTER/WAREHOUSE (GENERAL), WAREHOUSE (RETAIL), FRATERNITY, AND SORORITY IN SUBCHAPTER 35.23, AND BY REVISING THE EXISTING DEFINITIONS OF FAMILY, DORMITORY, ACCESSORY DWELLING, DUPLEX, MANUFACTURED HOME, MOBILE HOME, MULTI-FAMILY DWELLING, SINGLE-FAMILY DETACHED DWELLING, SINGLE-FAMILY ATTACHED DWELLING, DWELLING/DWELLING UNIT, EFFICIENCY DWELLING UNIT, AND FRATERNITY OR SORORITY HOUSE IN SUBCHAPTER 35.23; AND PROVIDING FOR A PENALTY THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code (the Development Code) and WHEREAS, after providing notice and after conducting a public hearing as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapters 35.5 and 35.23 of the Denton Development Code. WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the Comprehensive Plan and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this are incorporated herein by reference as true. SECTION 2. Subchapters 35.5 and 35.23 are amended to reflect the changes outlined in Exhibit A; all provisions not changed herein to remain as written. SECTION 3. 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 of this ordinance is violated shall constitute a separate and distinct offense. 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. 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 __________________, ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_____________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:_____________________________ Exhibit A Staff recommends that Section 35.23.2 of the DDC be amended to r of Family with: Family: Any number of persons related by blood, adoption, or marriage. Staff recommends that Section 35.23.2 of the DDC be amended to add the following definitions: Conference/Convention Centers: A facility with a capacity of greater than 1,000 seats used for conferences, conventions, seminars, or similar function Distribution Center/Warehouse, General: A facility where goods or products that are manufactured or assembled off-site are received and stored in bulk, and are then distributed to customers. Warehouse, Retail : A Distribution Center/Warehouse exceeding 25,000 square feet of gross floor area, and devoting up to thirty percent (30%) of the gross floor area for display and retail sale of merchandise. Staff recommends that Subchapter 35.5 of the DDC be amended to read as follows: - - . . - - -. - - - - - - .- .- - - - - Wholesale Storage • and Distribution N N N N N N N N N N N N N N N N N N N N L(34) P P Distribution Center N N N N N N N N N N N N N N N N N N N N P SUP P Distribution Center/Warehouse, N N N N N N N N N N N N N N N N N N N N L(34) P P General Retail Sales and N N N N N N N L(15) L(17) N L(15) L(17) P P L(14) L(17) L(17) L(13) P P L(18) L(18) L(18) Service Warehouse, Retail N N N N N N N N N N N N N N N N N L(13) L(13) L(34) L(34) SUP SUP L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005- 224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(5) = Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(6) = Permitted only on 2"d story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi- Public Halls, Clubs and Lodges. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(18) = Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(34) = Permitted with no more than 150,000 gross square feet and 8 truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. Staff recommends that Subchapter 35.5 of the DDC be amended to remove Distribution Center and Warehouse Storage and Distribution from the list of land uses in the Industrial Land Use Categories. Staff recommends that Section 35.7.5.3.C.4 of the DDC be amended to read as follows: 4. Fraternity or sorority houses and boarding and lodging houses. One (1) space for each bedroom Staff recommends that Section 35.12.6 of the DDC be amended to read as follows: 35.12.6 Minimum Residential Lot SizeMaximum Persons Occupying a Dwelling. Minimum Residential Lot Size Each residential unit, whether attached or detached, must be built on a lot that is at least 2 times the square footage of the unit constructed on the lot. The lot must be at least 1.5 times the footprint of the unit constructed on t No single dwelling unit shall have more than four (4) unrelated persons residing therein, nor shall any ÑfamilyÒ have, additionally, more than four (4) unrelated persons residing with such family. Hotels, Motels, Bed and Breakfast establishments, Boarding Houses, Fraternity or Sorority Houses, and Dormitories are excepted from this requirement. Additionally, any organization or institutional gr federal or state funding for the care of individuals is excepted from this requirement. Staff recommends that Section 35.13.13.2 of the DDC be amended to read as follows: 35.13.13.2 Multiple Unit Residential Dwellings and Multi Family Developments Staff recommends that Section 35.13.13.2.A.1.b of the DDC be amended to read as follows: Within the front façade (front adjoining a public or private right-of-way where the entrance/address is any multi-family development and multiple unit residential dwellings, except for structures that are part of a non- residential and mixed use building in a Pedestrian Oriented District, windows or doors (excluding garage doors) shall comprise at least 25% of the wall area. All other facades that face a public or private street or right-of-way (excluding alleys) this minimum percentage of wall area for windows and doors may be reduced to 10%, o provide one window or door per sleeping area (as defined by the Building Code), whichever method provides for the greater coverage of windows and doors. Shutters, trims, or false windows shall not count toward the minimum requirement. Staff recommends that Section 35.14.4.A.3 of the DDC be amended to read as follows: 3.Clubs, Fraternity and or sorority houses, rooming and boarding houses, and dormitories. One (1) space for each bedroom. Two (2) spaces for each three (3) guest rooms; in dormitories, one hundred (100) square feet shall be equivalent to a guest room. Staff recommends that Section 35.14.4.C.1 and 2 of the DDC be amended to read as follows: 1.Industrial uses, except Distributions Centers/Warehouse warehousing. One (1) space per seven hundred (700) square feet of gross floor area or for each two (2) employees on the largest shift, whichever is less. 2.Distributions Centers/Warehouse Warehousing. One (1) space per one thousand (1,000) square feet of gross floor area or for each two (2) employees, whichever is less. Staff recommends that Section 35.22.2 of the DDC be amended to read as follows: Residence. A home, abode, or place where an individual is actually living at a specific point in time. A structure or part of a structure containing dwelling units or rooming units, including single-family or two-family houses, multi- houses, elderly living facilities, apartments, fraternity or sorority houses, or family dwellings, boarding or rooming dormitories. Staff recommends that Section 35.23.2 of the DDC be amended to read as follows: A use where goods are received and/or stored for delivery to the Distribution Center: remote locations. Dormitory: A dwelling unit structure occupied or designed to be occupied by at least fifty (50) students or residents of a boarding school, college, university, or similar institution, with sleeping accommodations, common gathering rooms, and may include group cooking and dining facilities designed to service the entire residency of the dorm or dormitory complex. A structure or portion which is designed or used exclusively for residential purposes, including single- Dwelling: family, two-family, attached dwellings, multifamily dwellings, rooming and boardinghouses, fraternities, sororities, dormitories, manufactured homes, and modular dwellings, but not including hotels or motels. Dwelling, Accessory: A detached or attached residential unit structure, other than a manufactured home, that contains a dwelling that is subordinate to a primary single-family detached dwelling designed for and occupied by one family only. The structure shall be accessory dwelling shall be on the same lot as the primary to a single-family Ò), and shall conform to the standards outlined in this dwelling (see definition of ÑDwelling, Single-Family Detached calculated in net or gross density calculations for a lot, Chapter. Accessory dwellings shall not be included in the parcel or development. Dwelling, Duplex: A structure that contains two (2) attached dwellings that are separated by a fire-rated wall. detached residential structure containing two dwelling units, designed for occupancy by not more than two families living independent of each other. Dwelling, HUD-Code Manufactured Home: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) four hundred (400) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical term does not include a recreational vehicle as that term is defined by 24 C.F.R. Section 3282.8(g). Dwelling, Mobile Home: A structure that was constructed before June 15, 1976, transportable in one (1) or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320)four hundred (400) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems. Dwelling, Multi-Family: A structure or portion designed for that contains three (3) or more dwellings and any ancillary uses. units or for occupancy by members of a fraternity or sorority, or by three or more boarders or roomers. Dwelling, Multiple Unit Residential: A structure designed for three or more dwelling units. This includes, but is not limited to, triplexes, fourplexes, and multi-family units. Dwelling, Single-Family Detached: An independent structure that is used for the purpose of one (1) dwelling only. A detached residential unit other than a manufactured home, hotel or motel, designed for and occupied by one family only. Dwelling, Single-Family Attached (aka Townhomes): A single-family dwelling that is a part of a singleA structure containing at least three (3), but not more than eight (8) attached dwellings, and complies with the following: such dwellings, and each dwelling: 1.Is one or more stories in height; 2.Has an outside individual front and rear entrance access on the ground floor of each dwelling; Is separated from the other dwellings in the structure by fire-rated common walls; 3.Each dwelling shall be Has an individual meter for each utilities; 4.Each dwelling shall be serviced by 5.Each dwelling shall Has have direct access to a public street or alley; and 6.Has frontage on a public street; 7.Each dwelling shall be located on Occupies its own individual platted lot and each lot must have frontage on a public or private street. Dwelling/Dwelling Unit: A single unit providing structure or portion thereof that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, . cooking, and sanitation accommodations Dwelling Unit, Efficiency (aka Studio Unit): A dwelling unit that has only one (1) combined living and sleeping room, but may also have separate kitchen and sanitary facilities within the same unit. Also known as a studio apartment. Fraternity: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requir Sorority: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requir Fraternity or Sorority House: A dwelling unit in which members of a fraternity or sorority assemble or reside. The structure in which a student or professional organization formed chiefly to pursue common interests, be it cultural, religious, entertainment or social, and which has reguituals, and formal membership requirements is housed. These structures also may provide housing to its members. The storage and distribution of goods and merchandise produced or Wholesale Storage and Distribution: manufactured off-premises for later shipment to retail or wholesale distributors. EXHIBIT 8 April 11, 2012 Planning& Zoning CommissionMinutes B.Hold a public hearing and consider making a recommendation to City Council regarding amending the Denton Development Code by adding Boarding House, Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail) as land uses in Subchapter 35.5, by removing Distribution Center and Warehouse Storage and Distribution as land uses in Subchapter 35.5, by removing language regarding minimum residential lot size and adding language regarding maximum persons occupying a dwelling in Subchapter 35.12, by amending the parking requirements for fraternity or sorority houses, boarding houses, and dormitories in Subchapter 35.14, by adding definitions for Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail), Fraternity, and Sorority in Subchapter 35.23, and by revising the existing definitions of Boarding House,Family, Dormitory, Accessory Dwelling, Duplex, Manufactured Home, Mobile Home, Multi-Family Dwelling, Single-Family Dwelling, Single-Family Attached, Dwelling/Dwelling Unit, Efficiency Dwelling Unit, and Fraternity or Sorority House in Subchapter 35.23. (DCA11-0006, Subchapter 35.5 and 35.23, Ron Menguita) Menguita stated there have been three previous Work Sessions to discuss boarding houses and what staff proposes. Menguita provided a brief background and stated these are defined in the Denton Development Code (DDC); however, they do not have a use in the DDC. In addition, staff is proposing to add the following items to be placed in the land use section of the DDC: Conference/Convention Center, Distribution Center/Warehouse, Warehouse General and Retail. Menguita stated staff is proposing amending the DDC by adding the following land uses to Subchapter 35.5: Boarding House, Fraternity or Sorority House, Dormitory, Conference/Convention Center, Distribution Center/Warehouse (General) and Warehouse (Retail). The last two are just rewording the naming, and the first four are new uses to be added to the Subchapter 35.5. Menguita stated staff is also proposing to amend the DDC by revising the following existing definitions: Boarding House, and Family; in addition, staff will be adding the following definitions: Conference/Convention Center, Distribution Center/Warehouse, Warehouse General and Retail. Menguita provided the definition for Boarding House as: A single-family detached dwelling (other than a bed and breakfast establishment) in which rooms are rented individually, and where all occupants therein are permitted access to a common area for cooking and eating. Menguita provided the zoning districts that this would be allowed in or permitted in, along with the zoning districts that have limitations. The following zoning districts are permitted: Neighborhood Residential Mixed Use-12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU), and the Downtown Residential-1 (DR-1) zoning district are allowed with a Special Use Permit (SUP), and the Limitation 12 (L12). The Limitation 12 states Boarding Houses shall have no more than six (6) bedrooms. The following zoning districts are permitted by right: Downtown Residential- 2, Downtown Commercial Neighborhood, and Downtown Commercial General. Menguita provided the definition for Distribution Center/Warehouse, General:A facility where goods or products that are manufactured or assembled off-site are received and stored in bulk, and are then distributed to customers.Menguita provided the zoning districts this use would not be allowed in, the following districts the use would be allowed: Employment Center Industrial (EC-I) with the Limitation 34, which states it is permitted with no more than 150,000 gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. This use is also allowed in the Industrial Center Employment (IC-E) and the Industrial Center General (IC-G). Menguita also provided the definition for Warehouse, Retail: A Distribution Center/ Warehouse exceeding 25,000 square feet of gross floor area, and devoting up to thirty percent (30%) of the gross floor area for display and retail sale of merchandise. This use is allowed in the following zoning districts with the following limitations: Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) are both allowed with the Limitation 13, which states the uses are limited to no more than 55,000 square feet of gross floor area per lot. This use is also allowed in the EC-I and EC-C zoning districts with the Limitation 34, which states it is permitted with no more than 150,000 gross square feet and eight (8) truck docks. All docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. Menguita stated staff is proposing to add the following definition to the DDC: Conference/Convention Centers: A facility designed to be used for conferences, conventions, seminars, sports and entertainment functions. The definition for Family that staff is proposing is: Any number of persons related by blood, adoption, or marriage. Menguita provided the recommended amendments to the Subchapter 35.12.6 for the Maximum Persons Occupying a Dwelling. That section should be amended to read as follows: No single dwelling unit shall have more than more than four (4) unrelated persons residing with such family. Hotels, Motels, Bed and Breakfast establishments, Boarding Houses, Fraternity or Sorority Houses, and Dormitories are excepted from this requirement. Additionally, any organization or institutional group that receives federal or state funding for the care of individuals is excepted from this requirement. Menguita stated that staff recommends that Subchapter 35.14.4.A.3 of the DDC be amended to read as follows: Fraternity or Sorority houses, Boarding houses, and dormitories require one (1) parking space for each bedroom. Menguita stated the following definitions: Distribution Center, Dwelling, Multiple-unit Residential, and Wholesale Storage and Distribution will be deleted from the DDC for the reasoning that staff is proposing new definitions. Menguita stated at the last Work Session staff was directed to update the definitions Fraternity, and Sorority to remove the wording that directs these definitions towards a college use definition. Those definitions are now as follows:Fraternity: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requirements. Memberships are limited exclusively to male members of the said organization. Sorority: A local or national organization organized for the purpose of sharing social, cultural, scholarly, or religious interests, where involvement requires regular meetings and formal written membership requirements. Memberships are limited exclusively to female members of the said organization. Menguita stated staff recommends approval to all of the items discussed for additions or amendments to the DDC. Bentley questioned the terminology used in the definition Dwelling Duplex, Bentley questioned if those units can stand alone or if the three of the structures have to be connected. Menguita stated after reviewing what Commissioner Bentley mentioned he could propose moving the term separate and the definition should be clearer at that point. Menguita stated the intent is to have three or more units in a development. Cunningham stated the terminology for Duplex could be changed to Multi-Family; the same language could be used to keep this consistent. Cunningham stated this is something that staff will review and revisit. Alfred Sanchez, 2520 Yellowstone Place, Denton Sanchez stated his concerns are in regards to the Boarding Houses; Sanchez stated a majority of the people that reside in Boarding Houses have a lower income. Sanchez stated he believes the downtown area is more expensive for these people to afford this type of living. Some of the people that reside in these are homeless but are getting back on their feet and have started working again, and many of them do not have cars. Sanchez stated the downtown areas are very congested, and to place some of these residents in those areas would be a bigger impact on those areas. Prudence Sanchez, 2520 Yellowstone Place, Denton Prudence Sanchez stated they also have concerns about the number of bedrooms allowed, unrelated person, and would like to know how many people are allowed per bedroom. Prudence Sanchez also questioned the common areas, laundry, and toiletries. Menguita stated there were discussions in the previous Work Sessions in regards to this use being allowed by a Special Use Permit or by right. Menguita stated staff reviewed the impact that Boarding Houses would have on these residential neighborhoods. The parking requirements would be per bedroom, if there are six (6) bedrooms there would be six (6) parking spaces required. This number was determined from research developed within other municipalities. There is no maximum number of persons allowed in Boarding Houses; Menguita stated we do not have a ratio per the number allowed in each bedroom. That would be determined by the International Building Code and the International Fire Code. Prudence Sanchez stated those that are interested in purchasing property for a Boarding House would have a hard time affording the properties in the downtown areas. Chairman Thomas stated he understands the citizens concerns, but these recommendations were determined after the number of Work Sessions that were held to leave Boarding Houses in commercial use areas. Prudence Sanchez stated this is not theoretical, it is a commercial use; however code allows it, but they do not allow for transportation. Rick Baria 5138 Edwards Road, Denton Baria questioned if the definition for single-family has been addressed or changed, Menguita stated there has been no changes to that definition. Chairman Thomas closed the Public Hearing. Cunningham stated the term dwelling duplex would be changed to dwelling multi-family, which is a structure containing three (3) or more that are separated by a fire rated wall. Commissioner Brian Bentley motioned, Commissioner Thom Reece seconded to approve this item. Motion approved (6-0). AGENDA INFORMATION SHEET AGENDA DATE: July 17, 2012 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT Signature Senior Living (SD11-0006)  Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending an overlay district and approving an amendment to the Quail Creek Special Sign District for 7.1-acres of land within a larger 35.5 acre District located at the southeastern corner of Brinker Road and Quail Creek Boulevard and is also known as Lots 1R and 2, Block A of the Signature Senior Living Addition, within the City of Denton, Denton Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (SD11-0006,) The Planning and Zoning Commission recommends approval (7-0). PROPOSAL The applicant (Resource Commercial, Inc.) proposes to amend the approved Special Sign District to allow for an increase in size of a permitted sign at the southeast corner of Quail Creek Drive and Brinker Road from 6-feet to 12-feet (Sign B). A Sign A is currently constructed at this location and is permitted a maximum height of 6-feet. The current owner desires to construct a sign that will accommodate multiple tenants that is more visible from the intersection of the roadways serving the site. The Special Sign District must be amended to facilitate a larger sign. No other amendments are sought at this time. BACKGROUND The subject property was platted in 2009 as the Signature Senior Living Addition, and was replatted in 2011 to allow for an additional lot to be created out of the 7.1 acre site. Lot 1R has been developed with one 57,386 sq. ft. building utilized for assisted living and memory care. In 2003, a Special Sign District approved on 35.5 acres within the Brinker Road, Quail Creek Boulevard, Colorado Boulevard area which included the subject 7.1 acre lot. The zoning of the property has not changed since adoption of the Denton Development Code (DDC) in February 2002. The current owner desires to increase the size of a sign which is allowed near the sites most visible corner entrance off Quail Creek Boulevard and construct a multitenant sign to accommodate the occupant of the Sign A already present at the southeast corner of Quail Creek Boulevard and Brinker Road. The applicant declined to hold a neighborhood meeting. Nineteen (19) public notices were sent to property owners within 200 feet of the site (Exhibit 9). As of this writing, staff has received Agenda Information Sheet July 17, 2012 Page 2 no response to the Notice of Public Hearing from property owners within this boundary area. PRIOR ACTION/REVIEW 1.May 23, 2012, Planning and Zoning Commission. OPTIONS 1.Recommend approval as submitted. 2.Recommend approval subject to conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this amendment request (7- 0). APPROVAL The Development Review Committee recommends of this amendment request. EXHIBITS 1.Staffs Report 2.Site Location/Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Site Plan 6.Ordinance 2003-199 7.Letter from the Applicant 8.Site Photos 9.Notice of Public Hearing Responses 10.May 23, 2012 Planning and Zoning Commission Meeting Minutes 11.Proposed Ordinance Agenda Information Sheet July 17, 2012 Page 3 Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP, CPM Planning and Development Division Director Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: May 23, 2012 TYPE: Special Sign District Amendment CC Date: July 17, 2012 PROJECT #:SD11-0006 Project Number: SD11-0006 Request: Amendment to the Quail Creek Special Sign District (2003-199) on an approximately 7.1 acre site within a larger 35.5 acre Spec Sign District boundary Applicant: Resource Commercial, Inc. 5323 Spring Valley Road, St. 300 Dallas, TX 75254 Property Owner: Health Care Reit, Inc. 4500 Door Street Toledo, OH43615 Location: The property is located at the southeast corner of Brinker Road and Quail Creek Boulevard. Size: 7.1 acres within 35.5 acre Special Sign District boundary. Zoning Designation: Regional Center Commercial Neighborhood (RCC-N) Future Land Use: Regional Mixed-Use Centers Case Planner: Erica Marohnic, AICP DRC Recommendation: APPROVAL The Development Review Committee recommends of this amendment request. P&Z RecommendationAPPROVAL The Planning and Zoning Commission recommends : of this amendment request (7-0). Summary of Analysis: Special Signs Districts (SSD) are mentioned and permitted through established criteria found in Subchapter 15 of the DDC. The Planning and Zoning Commission is to make a recommendation to the City Council if it finds that five criteria are met and that the proposal is clearly superior to what would be permitted with the plan. Minimum requirements f stated as, The council may approve the creation of a sign district for any property which has more than three hundred (300) feet of continuous street frontage on one (1) public street if it finds the district: 1.Provides a comprehensive plan for signs that would be clearly superior to what would be allowed without the plan; 2.Would be compatible with surrounding properties. In considering whether a district and sign plan is compatible and clearly superior, the commission and council shall consider, but are not limited to considering the following: Scale 1.. The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. Color 2.. The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. Material 3.. The materials of the sign and how they relate to their surroundings. Shape 4.. The shape and design of the signs and how they relate to their surroundings. Landscaping 5.. The relationship of signs to landscaped features in and outside the district. Traffic Safety and Traffic Circulation 6.. The impact of the signs on the driver’s view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devises, and the time it takes a motorist to read the sign. Illumination 7.. The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. Integration 8.. How signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping traffic circulation and other development features on the district and nearby property. 3.Is not being used merely to avoid or gain a variance of the sign regulations; 4.Does not violate the spirit or intent of the sign regulations; and 5.Complies with the requirements of this for a special sign district. At the time the Quail Creek SSD was approved for this site, Sign A six-foot tall maximum monument sign was shown at the southeast corner off Quail Creek Boulevard and Brinker Road. Sign B a 20-foot height monument sign was shown along the sites Brinker Road street frontage. Quail Creek Boulevard did not exist at the time of the SSD approval. The current owner sought and received permit approval for one Sign A 6-foot tall monument sign at their main driveway entrance from Quail Creek Boulevard and another Sign A along their Brinker Road frontage. They applicant seeks to increase the height of the sign at the southeast corner of Quail Creek Boulevard and Brinker Road from 6-feet to 12-feet in height to accommodate a multitenant sign that will provide visibility for the Providence Apartments to the east of the site, the Willow Bend Assisted Living facility and the future developm Senior Living Addition. In summary, the applicant would be swapping the Sign B along the Brinker Road frontage and place it at the southwest corner of Quail Creek Boulevard and Brinker Road. In its place, the Sign A will remain along the Brinker Road frontage and adjacent to the sites main entrance from Quail Creek Boulevard. An important note, is that the existing Providence Apartments sign at the corner of Quail Creek Boulevard and Brinker Road is within the road right-of-way. This occurred due to required right-of-way dedication required of Signature Senior Living Addition (Willow Bend Assisted Living) at platting. The Providence Apartments sign pre-dates development of the assisted living and memory care facility. Development Review Committee Based upon the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that with the recommended conditions the IS CONSISTENT with the surrounding land uses and general character of the area with the IS CONSISTENT Denton Plan, and with the Denton Development Code. APPROVAL The Development Review Committee (DRC) recommends ofthis amendment request. APPROVAL The Planning and Zoning Commission recommends of this amendment request (7- 0). GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: RCC-D; Vacant and Undeveloped RCC-N; Biolife Plasma Services RCR-1; Providence Apartments West: Subject Property: East: RCC-D; Brinker Road right-of-way RCC-N; Assisted Living and RCR-1; Providence Apartments and Home Depot within Denton Memory Care (Lot 1R), Lot 2 is Towne Crossing undeveloped RCC-N; Southern Hills Medical Plaza Southwest: South: Southeast: RCC-D; Brinker Road right-of-way RCC-N; Railroad and Denton RCR-1; Providence Apartments and Railroad Regional Medical Center Medical Offices Source: City of Denton Geographical Information System and site visit by City staff Exhibit 2 Site Location/Aerial Map Subject Site Exhibit 3 Zoning Map Subject Site Exhibit 4 Future Land Use Map Subject Site � -: : __ i i w..�. �n — —-- �� ��a��_ �a f F �._ ,m�.�. �� f l W' 1 .� z� .,� �' m � � �4 � �� ;r ��� _ � �� � �� Exhibit 5 Site Plan o,a>G. � �I — -- ly� �� ! �� ,..p. ..,..,�,.e...�...a..�w....�..,.,�..�,..�v.�..a..��.., �e�.�w.�.� \ � u�. � � �� `ss��9j�\RF e�l r.��. �E - \� �� �,.� ,.xx �'���'Qib�� � �' �� ,.�..o , ro.M. , �,..�.� . �A ~ �\ \v \��--- mE.�..��,..���.d,m a�..2T��. m.,o.n5,o,m.�.�u,�. �,�.�.., L�,."�.,,. � � � pl1AVL ��EVC - ,�,' � .,,,... ��.....,.ns...,....� \�ao�. h DRNE �.. .�oe.. �.� �":` ti..��. ,oa.., .,�a �„m.,d�,«,s� Em,n.,�. .�.� ..d,,,,w � ay o�;�,..., � � ..� �A , �. �; �.,� �, �� � �� ���� ,. ��� �� � -r.� �ao�. ° n„ x „ <.��/,�' � ,;� �,;,� ��.�. � h�r �� '`s:% /�`�� � ,.,.,� � j{. / ,. �,, �.� � �E"` ,o � � � �" �� . o�;��o °.:o�;�;� � C ��., �� ��� :��:�-���� , : . �, � �4 � '� °�'�� - "�,��. — �4 ��\ /' \� ��,,, � ��' \ R�l� \ / �d. .��t � ��� .aa�� ������ _ � ; � �� � �� � � �w N ��\ . l � � �\. w—:�— E \ I Ss RA��, ' ��-.�-��� o�.�,�„��s��F.o�� � ._. _��.s �� � �i� c ,,.... ..��..�. r° �.���-�..,�am�,�a��.�.����.��.. � � e� <a�, ��..�,.. .�o..��.�...�..a.�». .�,�W��„ x i �w" ��, '� � � *�, { ' a�,,,a,� �.,�, �� w� � ���a 3i� I S'' �Ex��:.�� a���..��:�m�..a„ �� „�n.�n�� �` ��._ , _.w.�_.�.._ °! u� "� ``d,'.� lo a� ' �;' -� c,_,..��-ct�z._ ,, Y� �. �� ,����. ,m.�,�.�.����., �I m� ; ���� �.a�.��:�:�.�A.��.,��e��. �- - - � - "� °�°�^�� �•.�. '1 .� �LHU9SONWOpDaDRN� .�.� .,,�.�..��.,e,�. w -.. 7�;a .� . � a,�. .az"d d,..n Feb :.,� .^ FINAL RLAT �..�% � SIGNATURE SENIOR � _��M� �Q���U tu.r �IVINGA�OITION �` LOT 1 R AN� LOT 2, BLOCK A � BEING A REPLA7 UF LV 7 1. HLVCK A 31GNATURF SFNIf1R I IVINC' Af]I]ITInN ^a��� ` INSIHUMtNI N0.2070 t91,P.R.�.C.T. 7.702 AGRES �, wyiTE suRVEV, nssraacT rvo. iaaa C�rv oF oervYON. o£NTON couN7Y, 7EXA5 . , � w.,..�a cirv or oE�:roN PRO�ECr No. FR ia-oois . � ��i',� � .�_ _ Exhibit 6 Exhibit 7 Letter from the Applicant Exhibit 8 Site Photos Facing north from the Site towards the existing sign location along Brinker Road frontage Facing north from the Site towards the existing sign location along Brinker Road frontage Facing north from the Site towards the existing sign location at Quail Creek Boulevard and Brinker Road Facing northeast from Brinker Road toward Site and the existing sign location at Quail Creek Boulevard and Brinker Road Facing east from Brinker Road toward Site and the existing sign location along Quail Creek Boulevard and Willow Bend Assisted Living main entrance Exhibit 9 Notice of Public Hearing Responses Nineteen (19) public notices were sent to residents within 200 feet of the site. As of this writing, staff has received no response to the Notice of Public Hearing from property owners within this boundary area. Exhibit 10 May 23, 2012 Planning and Zoning Commission Meeting Minutes B. Hold a public hearing and consider making a recommendation to City Council regarding an amendment to the Quail Creek Special Sign District (2003-199) on approximately 7.1-acres site within a larger 35.5 acre Special Sign District boundary. The property is located at the southeastern corner of Brinker Road and Quail Creek Boulevard and is known as Lots 1R and 2, Block A of the Signature Senior Living Addition. (SD11-0006, Signature Senior Living - Sign, Erica Marohnic). Marohnic stated this is a request by Signature Senior Living to amend the Quail Creek sign district to approve two sign locations. The Quail Creek sign location was approved by City Council. The property is located at the southeastern corner of Brinker Road and Quail Creek Drive, and is known as Lots 1R and 2, Block A of the Signature Senior Living Addition. Marohnic provided the three sign types that are allowed in the Special Sign District. The applicant is proposing a Type B sign at the southeast corner of Quail Creek Drive and Brinker Road in lieu of the permissible Type A sign. The Type B sign is a 15 foot tall, maximum effective area of 160 square foot. Marohnic stated the Type A sign would be removed and replaced with the Type B sign. Marohnic stated staff recommends approval of this amendment request. There were 19 public notices mailed to residents within 200 feet of this site, at the time of this meeting no responses have been returned by those property owners. Taylor requested the location of the proposed sign. Jim Swartz, Resource Commercial, Inc. 2380 North O Dell Court, Grapevine, Texas Swartz stated they constructed the signs for Willow Bend Assisted Living during the summer of 2011, for this development. There is one on Brinker Road and another on Quail Creek Drive, the foundation for the sign is behind the right-of-way, in the proposed location. This would be a 12 foot sign, the smaller sign is on Brinker Road, and they will allow the sign type to change to a 6 foot and not a 12 foot sign. The aesthetics for the sign will match the two neighboring signs. There were no further questions from the application. Chairman T Hearing. Commissioner Brian Bentley motioned, Commissioner Jean Schaake seconded to approve this Public Hearing item. Motion approved (7-0). 5. FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. Chairman Thomas adjourned the meeting at 7:02 p.m. Exhibit 12 Proposed Ordinance