HomeMy WebLinkAboutDecember 9, 2008 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
December 9, 2008
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 9, 2008 at 4:00 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:
1. Requests for clarification of agenda items listed on the agenda for December 9, 2008.
2. Receive a report, hold a discussion, and give staff direction regarding projects to be
included in Denton's 111th Congress, 1st Session Congressional Priority Project requests,
and the 2009 State Legislative Program of the City of Denton, for the 81st Texas
Legis ature.
3. Receive a report, hold a discussion and give staff direction to evaluate continued
collection of fees for engineering review of development projects by staff development
review engineers; for those development review tasks that were performed by Freese &
Nichols, Inc. prior to the approval of the new contract on November 4, 2008.
4. Receive a briefing, hold a discussion and give staff direction regarding proposed
amendments applicable to the Rayzor Ranch Overlay District on approximately 410 acres
of land, generally located on both sides of West University Drive / U.S. Highway 380,
and being generally located between IH-3 5 and Bonnie Brae Street. The briefing will
focus on the subject of Trade Dress as it applies to this Overlay District. (Z06-0029 and
Z06-0030, Rayzor~ Ranch)
5. Receive a briefing, hold a discussion and give staff direction on the proposed
amendments to Subchapter 18 "Land Disturbing Activities" of the Denton Development
Code (DDC}. The Planning and Zoning Commission recommends approval (7-0}.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting
agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorneys -Under Texas Government Code Section 551.071.
1. Receive legal advice and information from the City's attorneys pertaining
to Ash Grove Texas, L.P. v. City of Dallas, City of Forth ~Vo~th, City of
Arlington, City of Plano, Dallas County Schools, and Tar~~ant County,
Case 3:08-CV-02114-0, and matters related thereto, wherein litigation
against the City of Denton is contemplated and threatened. Discuss,
deliberate, and provide the City's attorneys with direction and any
recommendations regarding such legal matters. A public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas.
City of Denton City Council Agenda
December 9, 2008
Page 2
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS
GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR
VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF
THE TEXAS GOVERNMENT CODE (THE `PUBLIC POWER EXCEPTION'}. THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX. GOVT. CODE, §551.001, ET SE . (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, December 9, 2008 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:
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. Presentation of Life Saving Award to Officer Jared Stevenson.
3. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity
to raise
questions regarding these items prior to consideration. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - R}. 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 - R 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.
A. Consider approval of a resolution of the City of Denton, Texas, adopting the City
of Denton's 111th Congress, 1st Session Congressional Priority Projects;
providing a repealer; and providing an effective date.
City of Denton City Council Agenda
December 9, 2008
Page 3
B. Consider approval of a resolution of the City of Denton, Texas, adopting the City
of Denton's 2009 State Legislative Program for the 81St Texas Legislature;
providing a repealer; and providing an effective date.
C. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Tomas Rivera Elementary
School for the purpose of assisting with school supplies; providing for the
expenditure of funds; and providing for an effective date. ($500)
D. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Denton Festival Foundation
for Supplemental Funding for the Arts and Jazz Committee for the 2009 Denton
Arts and Jazz Festival; providing for the expenditure of funds therefor; and
providing for an effective date. ($1,850)
E. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Historical Park Foundation
for the purpose of installing a steel door in the welcome Center in the Historical
Park; providing for the expenditure of funds; and providing for an effective date.
($1,100)
F. Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Denton Police Officers
Association the purpose contributing to their non-profit charitable organization
called "Shop with A Cop" which helps needy children shop for things they need
and want for Christmas; providing for the expenditure of funds; and providing for
an effective date. ($700)
G. Consider adoption of an ordinance approving an Interlocal Cooperation
Agreement (ICA) in the amount of $750,000.00 between the City of Denton and
Denton County for the construction of intersection improvements and the
installation of a traffic signal at the intersection of FM 2181 and Old Alton Road
within the municipal limits of the City and Denton County Commissioner
Precinct #1, authorizing the City Manager or his designee to execute said
Agreement on behalf of the City of Denton; and declaring an effective date.
H. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board
Cooperative Purchasing Network, Texas Multiple Award Schedule (TXMAS)
Program as awarded by the State of Texas Building and Procurement Commission
and US Communities Purchasing Alliance for the acquisition of new and
refurbished furniture for the City of Denton South Branch Library by way of an
Interlocal Agreement with the City of Denton; and providing an effective date
(File 4157-Interlocal Agreement for the purchase of furniture for the South
Branch Library in the amount of $ 282,005.60).
City of Denton City Council Agenda
December 9, 2008
Page 4
I. Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a purchase order through the Buy Board
Cooperative Purchasing Network for the acquisition of a Bomb Squad Response
Truck for the City of Denton Fire Department by way of an interlocal agreement
with the City of Denton; and providing an effective date (File 4219-Bomb Squad
Response Truck for City of Denton Fire Department awarded to Grande Truck
Center in the amount of $162,640).
J. Consider adoption of an ordinance amending ordinance 2008-091 approved on
May 6, 2008, so as to execute a purchase order through the Buy Board
Cooperative Purchasing Network for the acquisition of a Peterbilt 320 chassis
with tandem axles by way of an interlocal agreement with the City of Denton; and
providing an effective date (File 4220-Side Load Refuse Truck Chassis for Solid
waste Department awarded to Rush Truck Centers of Texas LP in the amount of
$129,300). The Public Utilities Board will consider this item on December 8,
2008.
K. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of pedestrian path on Teasley Lane/FM
2181; providing for the expenditure of funds therefor; and providing an effective
date (Bid 3966-Teasley Lane/FM 2181 Pedestrian VVay awarded to Lands
Construction in the amount of $226,988).
L. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of landscape and sidewalk
improvements for the Unicorn Lake project; providing for the expenditure of
funds therefor; and providing an effective date (Bid 4177-Unicorn Lake
Landscape and Pedestrian Improvements Project awarded to Calvert Paving
Corporation in the amount of $654,538).
M. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of software
and services for the deployment of an electronic citation package from Brazos
Technology Corporation, Inc., which is available from only one source in
accordance with the pertinent provisions of Chapter 252 of the Texas Local
Government Code exempting such purchases from the requirements of
competitive bidding; and providing an effective date (File 4084-Purchase of
Electronic Citation Package for Police Department in the amount of $127,500).
N. Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the repair of a Caterpillar
Model D7T Dozer for the City of Denton Landfill from Holt CAT, which is
available from only one source in accordance with the pertinent provisions of
Chapter 252 of the Texas Local Government Code exempting such purchases
from the requirements of competitive bidding; and providing an effective date
(File 4221-Dozer Repair for City of Denton Solid Waste Department in the
amount of $92,705.82). The Public Utilities Board will consider this item on
December 8, 2008.
City of Denton City Council Agenda
December 9, 2008
Page 5
Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement with the firm of Ponder Veterinary Hospital to
provide sterilization and rabies vaccination services for the City of Denton
Animal Services Center; authorizing the collection of funds therefor as reflected
in the fee ordinance; and providing an effective date.
P. Consider a request for an exception to the Noise Ordinance for the purpose of
amplified sound for a Christmas celebration program held on the Downtown
Courthouse lawn. The event will be on Saturday, December 20, 2008, from 1:00
p.m. until 5:00 p.m. The exception is specifically requested for an increase of
decibels for amplified sound from 65 to 70 decibels.
Q. Consider adoption of an ordinance of the City of Denton, Texas, correcting, Hunt
pro tunc, an inadvertent mistake in ordinance No. 2008-134, specifically its
amendment of Subchapter 35.15.10.6 of the Denton Development Code.
R. Consider approval of the minutes of November 4, 2008.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance granting approval of
the use of a portion of the North Lakes Park for the purpose of water line improvement in accordance with Chapter 26 of the Texas Parks and wildlife
Code; providing for an easement; and providing an effective date. The Parks,
Recreation and Beautification Board recommends approval (7-0).
B. Hold the second of two public hearings to consider, under the annexation
procedures for areas exempted from the municipal annexation plan, the voluntary
annexation and service plan for approximately 868.29 acres, located in the City's
Extraterritorial Jurisdiction (ETJ), Division 1. The proposed annexation is in
multiple ownerships, and consists of two distinct areas, as presented in Exhibit 1.
The first area (annexation area # 1) is approximately 24.94 acres in size and is
generally located between the City's current northern city limits and Lake Ray
Roberts, south of FM 2153. The second area (annexation area #2) is
approximately 843.3 5 acres and is generally located east of FM 2164 and north of
Shepard Road. (A08-0001, JNC P~ope~tles Annexation)
C. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapters 5 and 23 of the Denton Development
Code; revising the definitions of Elementary, Middle and High School; Defining
Charter School; Deleting a definition for School, Public or Private; Permitting
Elementary, Middle and High Schools within the Community Mixed Use General
(CM-G) and Community Mixed Use Employment (CM-E) zoning districts; and
providing for a penalty in the maximum amount of $2,000.00 for violations,
thereof, severability and an effective date. ~DCA08-0007) The Planning and
Zoning Commission recommends approval (6-0).
City of Denton City Council Agenda
December 9, 2008
Page 6
D. Hold a public hearing and consider the adoption of an ordinance of the City of
Denton, Texas regarding amendments to the Rayzor Ranch Special Purpose Sign
District encompassing approximately 410 acres of land located generally on both
sides of U.S. Highway 380 (West University Drive), between Interstate Highway
35 and Bonnie Brae Street; providing a severability clause; providing a penalty in
the maximum amount of $2,000.00 for violations thereof; and providing a
severability clause and an effective date. (SD07-0001) The Planning and Zoning
Commission recommends approval (7-0).
E. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding amendments to Subchapter 18 "Land Disturbing
Activities" of the Denton Development Code (DDC); providing for a penalty in
the maximum amount of $2,000.00 for violations thereof, severability and an
effective date. (DCA06-0010) The Planning and Zoning Commission
recommends approval (7-0).
F. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, regarding amendments to Subchapters 6, 12 and 13 of the Denton
Development Code. The amendments included are to clarify standards and
regulations regarding SUP revocation, yard measurements, accessory buildings
and structures general regulations, expansion applicability, preservation and mitigation requirements for infill lots, light and glare performance requirements,
and site development requirements for residential buildings; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability
and an effective date. (DCA08-0002) The Planning and Zoning Commission
recommends approval (6-0).
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution authorizing the giving of a preference to goods
and services of a vendor that demonstrates that the vendor meets or exceeds any
state or federal environmental standards, including voluntary standards, relating to
air quality or requiring that a vendor demonstrate that the vendor meets or
exceeds any state or federal environmental standards, including voluntary
standards, relating to air quality if otherwise meeting the requirements of TEX.
LOC. GOVT CODE Section 271.907; and providing for an effective date.
B. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Chris Wall regarding proposal for Denton Skate Park.
B. Heidi Marshall-Greene regarding Alliance for Children & Families
of Denton County.
C. Bob Clifton regarding the interactive spatial relationship between
the citizens of Denton and the Denton ISD; the irrelevancy of the
municipal airport; the subtle influence of economic development;
the lack of animal services; the overreach of Code Enforcement
and its logical removal to the Police Department; community
City of Denton City Council Agenda
December 9, 2008
Page 7
development in relation to the economic development agenda;
outsourced engineering; ineffectual customer service online;
diversion of funds from Charter Cable's payments to the general
fund instead of to DTV Broadcasting, emasculation of the city's Boards and Committees; Dyno Products being sold in unauthorized
zoning areas; environmental quality issues without actual
confrontation with polluters; the junking of the Development
Code; the probable restructuring of building inspections; laughable
garbage collection; a dearth of health and safety programs;
inconsequential and bloated libraries with overpaid librarians;
crazy-quilted neighborhood services; the waste of taxpayer money
spent on an annual Citizen Update; the illegal subsidization of the
Chamber of Commerce; dissolution of internal audit; outrageous
expenditures in the Parks & Recreation Department; the tampering
with the City Charter along with useless and unenforceable Code
of Ordinances; incompetent planning for the city; the out of control
property taxes; the necessity for the abolition of the City Auditor's
office; inferior public transportation controlled by the two
universities and DCTA; the archaic Development Code in
coordination with the comprehensive plan; non-serious recycling policies; the City Council; street bond money disappearing;
utilities stroking the general fund; fire department hiring policies;
oversight (or lack of) in purchasing; the City Manager's office;
erratic historic preservation; a self supporting municipal court;
reorganization of the Police Department. Conversely, the intensely
and closely-monitored integer of the above.
C. 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.
D. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
E. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton,
Texas, on the day of , 2008 at o'clock (a.m.) (p.m.}
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE
WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE
INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMM11.1NICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A
SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
This page left blank intentionally.
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager `=J
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding projects to be included in
Denton's 111th Congress, 1st Session Congressional Priority Project requests.
BACKGROUND:
Since fiscal year 2003, Denton has submitted congressional priority project requests to our
legislators for projects that qualify for special consideration, treatment or funding based on the
needs of the community and the appropriateness for federal consideration. Many of Denton's
initial requests were for transportation projects because of the delay in the reauthorization of
TEA-21 and the need for improved roadways to handle Denton's growing population. Denton
requested funding assistance so that projects could be expedited to meet growing vehicular
traffic.
Since our first submission, Denton has received in excess of $12 million in earmarked federal
funds. Congressional earmarks are becoming increasingly difficult to obtain due to growing number of requests, increased media scrutiny and a reduction of funding.
Because of increasing
controversy and the growing number of requests, increased information and detail must be
provided to congressional representatives with submitted project requests. Most Federal
agencies require that the recipients of congressionally earmarked funds submit a proposal and
that the proposal be approved by the agency before the funds will be released. Generally,
successfully earmarked projects receive between $100,000 and $1 million over a period of one to
three years.
In preparation for compiling Denton's 111th Congress, 1st Session congressional priorities, staff
reviewed our project funding needs, as well as the FY 2009 congressional priority project
requests. The Airport Advisory Board and the Mobility Committee recommended approval of
the Airport Safety and Security Enhancements project. The Downtown Denton Development
Improvements cost estimates increased from the FY 2009 to more adequately reflect materials
and construction costs. The Regional Public Safety Training Facility requests remain the same as
approved by City Council for FY 2009. See attached for more information.
RECOMMENDATIONS:
The recommendation from boards, committees and staff is that Council approves the three
recommended projects as our 111th Congress, 1st Session Congressional Priority Project
requests.
1 llth Congress,1st Session Congressional Priority Projects
December 9, 2008 Page 2
Airport Safety and Security Enhancements $990,000
Downtown Development Improvements $1,965,000
Public Safety Training Facility/Technology $4,100,000
PRIOR ACTION/REVIEW:
The Airport Advisory Board and the Mobility Committee have reviewed the Airport Safety and
Security Enhancements request.
Respectfully submitted:
r rr~ Y f r~ ,,+I 1 1 y,~'~
1 ~i I I i
John Cabrales Jr.
Public Information/Intergovernmental Relations
officer
Attachment: 111th Congress, 1st Session Congressional Priorities
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full~ requests car~tinied suu~~art farthis priarit~ ~raject. lads an in~~artant rate
in the regianal ecanar~~, serving as a general aviatsan hih liar Narth Texas. ~s a
resift substantial capital investments by the ~it~ of ~entan and Tx~tT ~viat~ian,
the ~entan ~irlaart has increased the nimber ~ r~rivate devela~ments an the fieldo
These develaments have in turn increased the ai~~~field e~n~la~ment base mare
than 4a percent and the devela~rner~t dace is ~rajected to cantinie to gra~v.
The C~entan ~irpart is re~iestir~ ~a,a0a in discretianar~ tundin~ far security
enhar~cen~ents. These irr~~arave~~nents incline securit~° ~~encin~ and cantralled access
paints to increase airpart secirit~r and uvildlife central. This pra~ect is recani~ed in
the cirrent ~irpart Master Plan. F~~,~ persannel have identified the lacy of secirity
fer~cin~ as a ~veakness that needs to be addressed. The ir~stallatian a~ the secirity
fencing gill turther~acilitate the cirrent ~r~a~th trend an the facility as mare and mare
carparate aircraft aperatars mill anly itili~e secured facilities.
~b.
hh~ ~e~~fi~n ~ir~~r~ his ~ppr~~i~~d~~i~° 4Q a~~d ir~rft ~n~ ~x~~ri~~°~~e n~ar~
~ C~~,QO►~ ~~a~r~fii~n~ r year ~~ith ~ i~r~e r~~~ur~t ~~r~~r~~e jet and ~
in~r~~~~ in sir r~rr~~ ~~~ivi~y. ~h~ ~ir~~r~ ~fitr~~t~ ir~r~t ~~~r~ti~n~ fr~r~ ~~I ~~r
the v~~rlc~ c~u~ ~ its r~1~j~r rn~int~~nG~ ~a~iGti~ well ~ its I~~~~i~n ~r~~ ~on~
~~ni~n~~. Thy ~~~iti~r~ o~~kh~ n~~vl~ ~~ined rir~r~ t~i~ ir~~r~~~e~ tl°~~
~f~~y r~r~ c~p~~i~y~ ~ir~rt fr~r ~ir~r~r~ user.
r~r~~le~e~ ~reje~t~ ever the pit year ~ airper~ ir~~lude:
e~~letie~ ~~e~ern~~in~l and ~rnir~i~tratiar~ uil~ir~~.
• Cen~~letien a~~ nevi ~ar~llel ~iy~~i~l°~ c~r~ serge ~n en~er~e~~~~
lan~ir~~ surface s~eul the rur~~va~ ~~eser~ er unus~~~ie.
Future ~Ba~~r~e~ raje~~s at air~ert in~~ude:
® The ex~ensien af~ rur~~ay fo ~~,~~0
The design ar~~ ~es~s~ru~fien ~ ~e~r ~a~iuva~ frer~ the run~a~ to
seut~easf side of tl~e air~erfi ~e in~~~reve c~e~eie~~r~er~t e~~erfunities.
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I~'~~t~~~~~r1~~ v~~u~~ ~f ~'~~tc~ry ~5't. ~t E3ell A~~.
Hi w r
The Hickory Street Corridor Project will link Downtown Denton's historic square (listed on
the National Register of Historic Places) to the future Denton County transportation
Authority (DCTA) rail station and the Multimodal Transit Facility to the east and to the
University of North Texas (UNT) to the west. This connectivity is critical as we work to
improve mobility to and through our Downtown Square.
The imminent arrival (2010) of the commuter train is expected to spur mixed use develop-
ment inthe area. City staff is currently working with adeveloper on amulti-million dollar project that will include housing, retail and a parking structure. This project will
be adja-
cent to the transit facility. New residents in this area will need a walkable route to the
Downtown Square. Denton has already completed a $1 million streetscape project on
the face of the square. The "outer square" streets have been funded with city ($2.8
million) and federal ($900,000) dollars. Cedar Street (Phase One, to the East of the
square} was completed in July 2008; plans for Walnut Street (Phase Two, to the south)
are underway and should be completed by 2010.
The improvements to Hickory Street
and its sidewalks are a key component
in Denton's Master Plan that currently xi~~
lacks fundin .The ro~ect will also ~ g p J ~~µ~w
include streetscape, bike lanes and a ~~~k 2
narrowing the street to slow traffic, ~ `
making it safer for pedestrians. The ~m` ~ ~ ° .r'.w'~'" . M H. ~ ,
Hickory Street Project is needed to ~ ~ ~ ~
promote access for the additional ~ ,.tt ~ ~ ,w,
pedestrian and bicycle traffic generated ~
by the transit project, as well as the ~~t~~t~~ pit ~r Il~1~tt~~~~~~1 Tr~r~sit F~c~tity~
more than 20,000 university Students (UNT and Texas Uvomans' University who commute to Denton
each day.
The Hickory Street Corridor will fulfill the City's goal of making this area more "green," by encouraging
people to park their vehicles and walk or bike to their destination in Denton's core and encourage new
projects and businesses that fit with sustainable development.
In 2007, the City selected a site for the $3.1 million Downtown Denton Multimodal Transit facility that will
complement the proposed DCTA commuter rail station off of E. Hickory Street and Railroad Street. The Hickory Street Corridor will be the critical link from the station to historic
downtown and to the universities.
The City greatly appreciates the federal funding the delegation obtained for this important project.
f . r
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Ar°~isf renderir~~g ~f
~~a~~~~i~>►l~ in~,~ra~~er~~nts
t~ i ti~;,~k~~~~` ~i~~~t.
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~ M,
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i ~ N rr lr~~~ra~ln lease cn~act:
L~~wn~c~wn Devel~prnn~
Linda Ratliff
Director of Economic Development x+~ ' ~ Ea~i~a~~r~~
1 ~ E. McKinney St.
vie~~ Denton, T~ 7001 .n
f~i~i~~~~~ 040-40m7774 ~~f6 A~~. Linda. Ratliff cit ofdenton.com
~y
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IU i Dili
The pity of ~eeltan appreciates the F~' ~aa funding pravided far this pra,~ect, and is requesting
~~.1 rnillian in discretianary funding tartechnalagy uses assaciated with the planned can-
structian of ~ state-of-tha~-art jai~lt ~aliaa end fire ragian~l ~uhlia ft training ~faility. l~ha
new facility prese~lts the pity of C~entan an appartunity to became leader in setting higher
star~darc~s far quality emergency service training, which adds to hameland security pre-.
pared~less and inlpraved carnn~unity safety. ~~~he pity expects to exceed bath the academic
and technical rec~uirer~~ents far emergency respa~lders as well as respanders Pram the
entire regiarl. partnerships with area ralleges, as well as ether area public safety agencies,
are already being develaped.
In Naveellber ~aa4~, the pity purchased all -errs site far the building of this regianal train-
ing facility at a rest of ~.a~ rnillian. In July aa5, the pity hired Kirkpatrick architectural
tudia far ~~a,aa to wark an the master plan far the facility. several meetings have been
held witr~ stakellalders afthe training renter, such as Narth central Texas allege ~I°~T~~,
to establish their needs and criteria tarthis reianal facility.
In July ~aai, the ~~ity Cauncil appraved alnlast X12.6 rnillian far the canstructian at this
regianal training facility that will include: a twa-scary residence bur~1 building, autdaar class raarr~, high rise burn building, an l~rba~1 earrll and Rescue structural
callapse area, a
trench rescue sifie, a canfined space rescue site, a , ~a ~
16-lane sheeting range and a sheet hawse. The ~ ~ ~„~G,>>, a
s facility will else include a 2a 6aa square feat ~ ~ , ~ r~ ,
~ 4 ~a h ! classraam~administratian building treat will allaw ~ ~ ~ ~ ~ ~ ~ ~
public safety persannel frarn araund the regian to ~ ~ ~~'y ~ ~ ~ ~ ' s~, . ~~y
\ ~ o meet and exceed a~lgaing day-ta-day training rag- ~ _ ~,~~~z r , ~,1 ~ ~ ,
uirenlents frarn basic academies to advanced pre- ~
grams thraugh our partnership with N1-~. This }
regianal training will else irr~prave mutual aid and
inter-~urisd~ctianal relat~anshEps. fur hope is to
span the regianal public safety training facility
san°~etime in early 2a1 f. w,,
-
~
it ?1 _ i
~ - _ i r ~ qJf ~ ~ - f _ _ r= P
- ~ t ~S~"~(~~~"1 I,_._ . ~..o _ _ - 1 i 1 L ~r 1 fl '1 .o- 4 _ f ~ L, ~ - l~
05. ~ t ~ Imo`"" ~ ~ w . _
zinc- ~ ~ . d', M~'' 'y£~ i9~,~~L' ~,Y ~ ~ ~ i f a S~ r.n t~ fir; ~a,, ~ .r ~ I ~ ~
i
J- h - , gin, M , - l a. ~7, IIM l r L, T i ; * , c _ ~ ~ I 1 1
p r ✓ ;e E kr. ~~J _ r
- ~ ~ _ . . . , - _ ~ a l42 y ~ i a r ~ e ~ " Y ~.,a, i
' ti ~ ~ ~ _ r 'S~ f
r } }u: ty y , ~ d r, ~ E x. ' F u ~ ~ I j I
~ ~ ~ 46 ~ a r II F.. _ 6111 i
. ~4 ,°''y" h,',dE "cam ~ E I ~'i h. ~r~,,,,IS I. r. , i ~ V4 ~ 4 ~ i ,W`
i ~II~ _..._..R._F ~ ..N„~. f ` , c
L ~ r. _ _ v.~
s _I
The $4.1 million discretionar fundin ; ~ _ ~ ~ ~ y g ~r d. , a
request will be used to fund the advan- ~ ~ ~ ; , _ ~ ' ! i ~ ~ i , ;i ced technical needs of this regional ~ ` ~ _ ~
f7+ h~1M public safety training facility. Specific ' ~ ~ ~ ~ I~: ~ ~Q ~ ~
i _ ~ ~ t ~ ~ ~ , ~ ~ ti; I technology requests include $3.5 ~ ~ - - - Fi ~ ~
. ~t II m i I I i n f n h f F r n ~ , ~ ~ ~ ~ ~ ~ ~ ' o to u dt eUseo ocea d
p' xm 6 . Driving simulators and $600,000 to s' ~ti
fund administrative/classroom _t~t, ~.r~4 ~
y ,K multimedia technology.
E :N. hl,,
~f i
~'rr.~,~o`~ec~ side ~I~r1 fc~r ,~~c~~~~~6~df ~u~fi~~ ~"~~e~y ~r~1i~~~~~~
Fir ~e ~nf~rrnat~ phase cn~c:
P~~~c safety
Fred Greene
assistant pity Manager
X15 C. Mcl~inney fit.
Denton, T ~O~1
040-X40-54
Fred.reene~cityofdent0~°~.com
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2009
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Receive a report, hold a discussion and give staff direction regarding the 2009 State Legislative
Program of the City of Denton, for the 81 St Texas Legislature.
BACKGROUND:
The 81St Regular Session of the Texas Legislature begins in January 2009. As we prepare for that
session we need to compile our key legislative issues for our 2009 State Legislative Program. In
the past, our program has consisted of issues anticipated to be considered by the Texas
Legislature that primarily relate to state initiatives that impact city finances, regional
transportation, utility issues, and public safety issues.
The attached 2009 State Legislative Program (Exhibit "A"} includes The City of Denton's key
legislative issues, as identified by council and staff. The Mayor and staff have also been working
with the Texas Municipal League (TML) task forces, the TML Big City Lobbyist group and other cities to identify possible legislative issues of interest to
Denton. The adoption of this
program allows city representatives to work with state legislators on supporting and opposing
legislation that that will accomplish our goals. It also gives city representatives the ability to
react quickly to proposed legislation and authority to enter testimony, on these issues, on behalf
of the City.
RECOMMENDATION
Adopt the 2009 State Legislative Program
PRIOR ACTION/REVIEW (Council, Boards, Commission):
None
FISCAL INFORMATION:
None.
Respectfully submitted:
f rf ~ ~~~I i , ~ _ 4 f
~ k I, ~.I I ' :~1
John Cabrales
Public InformationlIntergovernmental Relations
Officer
Attachment: Exhibit "A" - 2009 State Legislative Program
ADA/EOE/ADEA www.ctyofetor~.c® (TDD 800-735-2989)
Exhibit "A"
City of Denton
2009 State Legislative Program
State of Texas
81S` Legislative Session
As approved by the Denton City Council
on December 9, 2008
TABLE OF CONTENTS
City of Denton Mayor and Council Contact Information 2
City Manager, City Attorney and City Staff Contact Information 3
2009 State Legislative Program Adopting Resolution 4
Revenue and Taxation 5
Land Use and Resource 10
Utilities 11
Transportation 13
Public Safety 14
General Government 16
City of Denton 2007 State Legislative Program October 3, 2006
Page 1
v
City of Denton City Council Members
Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201
The City Hall Phone number for Council - 940-349-7717
Mayor
Mark Burroughs Cell: 940-390-9702
. . office: 940- 382-4357
Mayor Pro Tem- At Large Place 5
Pete Kamp Home: 940-566-5557
Cell: 940-3 90-913 7 . .
Council Member -District 1
Charlye Heggins Home: 940-566-3479
I . , `i Cell: 940-391-2339
Council Member -District 2
Rudy Moreno Home: 940-565-8301
. , ~ . Cell: 940-368-6228
Council Member -District 3
Jack Thomson Home: 940-3 82-5176
. Cell: 940-43 5-1943
Council Member -District 4
Chris Watts Cell: 940-391-4422
.
Council Member - At Large Place 6
Joe Mulroy Home: 940-382-3396
. . . ,
City of Denton 2007 State Legislative Program October 3, 2006
Page 2
v
City Manager, City Attorney and City Staff
The Denton City Council and staff are glad to provide information, research issues
and testify on the City of Denton legislative issues.
Municipal Offices:
940-349-8200
City of Denton
215 E. McKinney
Denton, Texas 76201
,
George Campbell Anita Burgess
City Manager City Attorney
940-349-8306 940-349-8336
® . .
Howard Martin Jon Fortune
Assistant City Manager Assistant City Manager
940-349-8232 940-349-8535
® t ~ t~ t . . ~t t .
Fred Greene John Cabrales Jr.
Assistant City Manager Intergovernmental Relations Officer
940-349-8232 940-349-8509 ,A
. . . .
Lindsey Baker
Assistant to the City Manager
940-349-8234
.
City of Denton 2009 State Legislative Program December 9, 2008
Page 3
v
RESOLUTION N0.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF
DENTON' S 2009 STATE LEGISLATIVE PROGRAM FOR THE 81sT TEXAS
LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 81 st Texas Legislature will commence in January 2009; and
WHEREAS, appraisal caps, revenue caps, general government, and many legislative
issues affecting local government will be considered; and
WHEREAS, the City of Denton desires to adopt its legislative program for the 81st Texas
Legislature, attached as Exhibit "A";NOW, THERFORE,
THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES:
SECTION 1. That the City of Denton's 2009 Legislative Program for the 81st Texas
Legislature is adopted as set forth in Exhibit "A," incorporated herein and made a part of this
resolution for all purposes.
SECTION 2. That the Mayor and City Council, City Manager and the City Attorney, or
their designees shall communicate the items included in the state legislative program to members of the Texas Legislature.
SECTION 3. The City Manager, or his designee, is directed to draft appropriate
legislation, seek a sponsor, and actively pursue passage of such legislation by providing
testimony from the Mayor and City council and City Staff and through other appropriate means.
PASSED AND APPROVED this the 9th day of December 2008.
MARK BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
City of Denton 2009 State Legislative Program December 9, 2008
Page 4
v
Denton's Le islative Priorities
The City of Denton has adopted the following legislative issues as priority
issues for the $lst Texas Le islative Session. The Ci Council of the Ci of g tY tY
Denton has met in workshops, participated in legislative seminars and has
received information from city staff and various groups within the community
to set these priorities.
Revenue and Taxation
• Denton's Highest Legislative Priority: Continue to urge the
legislature not to adopt any legislation, which would negatively affect
City revenues and economic development efforts.
o Oppose legislation that would mandate a reduction in the
current 10% cap on annual appraisal growth.
o Oppose legislation that would impose a revenue cap of any
type, including a reduced rollback rate, mandatory tax rate
ratification elections, lowered rollback petition requirements,
or exclusion of the new property adjustment in effective rate
and rollback rate calculations.
o Oppose legislation that imposes a property tax freeze that can
be implemented by any mechanism other than council action.
~ Oppose legislation that would substantially modify the current
procedures of appraisal arbitration in a way that would substantially
harm taxing entities or appraisers.
~ Oppose legislation that would erode the concept that appraisals must
reflect the true market value of property.
~ Oppose legislation that would impose new mandatory homestead
exemptions or exemption increases.
~ Oppose legislation that would require that the adoption of a new
sales tax for property tax relief shall result in a lower property tax
rollback rate for the adopting city.
~ Support legislation that would require mandatory disclosure of real
estate sales prices.
City of Denton 2009 State Legislative Program December 9, 2008
Page 5
v
• Oppose legislation that would impose destination-based sales tax
sourcing.
• Support legislation that would authorize the State of Texas to opt
into the Sales Tax Streamlined Project.
• Oppose any legislation that would enact any detrimental
amendments to the provisions of Senate Bill 5 or erode the provisions
of Senate Bill 5 79t" Le islature, Second Called Session .
( g )
• Oppose any legislation that would impose a sales tax holiday for
textbooks.
• Support legislation that would allow municipalities to audit a
taxpayer's records for sales tax compliance, and ensures the equal
tax treatment of taxpayers, regardless of their sales method.
• Support legislation that would significantly increase the threshold
requirements for determining whether a warehouse, storage yard, or
manufacturing plant can be considered a place of business of the
retailer for sales tax sourcing.
• Support legislation that would require the Comptroller of Public
Accounts to notify the affected municipalities and afford each the
opportunity to hear and dispute the facts in accordance with
established procedures prior to any reallocation of sales tax revenue.
• Support legislation that would require the Comptroller of Public
Accounts to only make the reallocation of sales tax prospectively
when the net impact is between multiple municipalities.
• Support legislation that would permit alocal-option municipal court
fee on convictions in Municipal court to be used to offset fuel costs.
• Support legislation that would clarify that only value lost to a
senior/disabled tax freeze should be excluded from effective
property tax rate calculations.
• Support legislation that would enact the following changes to Section
255.003 of the Texas Election Code (the statute prohibiting the use of
public funds for political advertising):
a. provide a clarification in the statute, or by Texas Ethics
Commission rulemaking, of the meaning of "advocate" for
City of Denton 2009 State Legislative Program December 9, 2008
Page 6
v
purposes of the statutory prohibition, including (if possible)
illustrative examples of legal and illegal content;
b. provide that a member of a municipal governing body
does not violate the statute if that person's only action was
to vote to spend public funds in a way that complies with
the law at the time of the vote;
c. provide that a civil penalty imposed under the statute bars
criminal prosecution for the same conduct;
d. provide that a violation of the statute by an individual
requires a culpable mental state by the actor (e.g., knowing,
intentional, or reckless action);
e. provide that an individual cannot be punished for
violating the statute based solely on the conduct of a third
party;
f. require that the Texas Ethics Commission make a
preliminary, formal finding that a complaint is not frivolous
before a complaint may proceed, and require the Texas
Ethics Commission to give its reasons for such a finding;
g. provide that it is an affirmative defense to civil or criminal
prosecution under the statute that the accused acted in
reasonable reliance on a court order or a written
interpretation of the statute contained in an opinion of a
court of record, the attorney general, the Texas Ethics
Commission, or the attorney for the political subdivision for
which the accused serves.
• Support legislation that would convert the sales tax reallocation
process from a ministerial process into a more formalized
administrative process that would, at a minimum, require prior
notice to all affected parties and impose a time limit of three years on
the right of a claimant to request a refund.
• Support legislation that would permit alocal-option municipal court
fee on convictions in municipal court to be used to offset fuel costs.
• Support legislation that would extend the authority of property-
taxingentities to engage in property tax abatements.
• Support legislation that would allow acouncil-option city homestead
exemption of up to 30 percent.
• Support legislation that would create a new council-option city sales
tax for property tax relief that may exceed the two-percent local cap.
City of Denton 2009 State Legislative Program December 9, 2008
Page 7
v
• Support legislation that would significantly increase the three-sale
requirement under current law for determining whether a
warehouse constitutes a place of business for sales tax sourcing.
• Support legislation that would apply hotel occupancy taxes to RV
parks, except for stays of longer than 30 days.
• Support legislation that would increase future local parks funding.
• Support legislation that would adopt the parks study called for by
H.B. 12 (2007), thus binding future legislatures to full local parks
funding.
• Support legislation that would require the General Land Office
(GLO) to do the following: (a) inform any affected city of the GLO's
intent to purchase or develop land within the city or its ETJ; (b) seek
permission from affected cities for any proposed project to develop
land owned by the GLO; and (c) adhere to the affected cities'
development regulations when developing land owned by the GLO.
• Support legislation that would simplify the effective tax rate
calculation for notice purposes only, provided the legislation would
have no effect on the underlying effective tax rate and rollback tax
rate calculations themselves, nor upon the hold harmless exemptions
to those rates.
• Support legislation that would modify the Super Freeport property
tax exemption statute to match the related constitutional
amendment.
• Support legislation that would remove the four-year sunset for
future street maintenance sales tax elections.
• Support legislation that would provide that hotel taxes are due on the
final cost of the hotel room to the guest.
• Support legislation that would permit, but not require, pooled
collateral for public deposits, provided the legislation contains the
following features: (1) a requirement that banks provide 102-
percent collateralization; (2) accurate reporting and tracking of
collateral amounts; and (3) a requirement that pledged securities be
City of Denton 2009 State Legislative Program December 9, 2008
Page 8
v
held by the comptroller or other third party designated by the
comptroller.
• Oppose legislation that would impose new property tax exemptions
that substantially erode the tax base.
• Oppose legislation that would impose a property tax freeze that can
be implemented by any mechanism other than council action.
• Oppose legislation that would remove the authority of a city to
collect its own property taxes.
• Oppose legislation that would automatically defer property taxes for
seniors.
• Oppose legislation that would expand to other groups the availability
of property tax deferrals.
• Oppose legislation that would permit another entity to impose a
property tax on city-owned property.
• Oppose legislation that would extend the "Prop 2" pollution control
property tax exemption to processes, facilities, or end products.
• Oppose legislation that would enact any sales tax exemption that
would substantially erode the sales tax base.
• Oppose legislation that would lengthen or broaden the scope of the
current sales tax holiday.
• Oppose legislation that would allow other local governments or
districts not under the control of the city to reduce existing city sales
taxes through the enactment of new sales taxes.
• Oppose legislation that would limit the use of city economic
development incentives based on ancillary social or economic goals.
• Oppose legislation that would expand election requirements for
issuance of any city debt.
• Oppose legislation that would require a city to give special
preference to local depository banks or to public funds investments
that would benefit the local economy.
City of Denton 2009 State Legislative Program December 9, 2008
Page 9
v
• Oppose legislation that would cut state appropriations for future
local parks grant funding.
• Oppose legislation that would create earmarks of local parks grant
funds.
• Oppose legislation that would require mailed notice of tax rates.
• Oppose legislation that would prevent a city from applying hotel
occupancy taxes on the final cost of the hotel room to the guest, or
prohibit a city from suing any entity necessary to collect such hotel
occupancy taxes.
• Oppose legislation that would require municipalities to participate in
a pooled collateral program for municipal funds.
Land Use and Resources
• Support legislation that would amend Chapter 245 of the Texas
Local Government Code to clarify vested rights language in the
following manner:
a. Narrow the definitions of "permit" and "project" in
245.001.
b. Delete the terms "plan for development" in sections
245.002(a)(2) and 245.002(a-1), and "property
classification" from 245.004(2).
c. Provide that any plan for development that initiated a
project following the 2005 amendments, but prior to the
2009 amendments, can be terminated if a consistent permit
application has not been filed (and approved} within 2 years
of the effective date of the 2009 amendments.
d. Provide that section 43.002 is the exclusive vehicle for
vesting property rights in advance of annexation.
• Support legislation that would address the failure of utility
companies to relocate their facilities in a timely manner as required
by current law.
• Oppose legislation that would erode city annexation authority.
City of Denton 2009 State Legislative Program December 9, 2008
Page 10
v
• Oppose legislation that would erode city authority in the
extraterritorial jurisdiction over special districts.
• Support legislation that would provide municipalities the authority
to regulate and enforce zoning, building codes, and property
maintenance codes within extraterritorial jurisdictions (ETJ).
• Oppose legislation that would allow voters in the ETJ to vote on
whether any proposed ordinance or ordinance amendment shall
apply in the ETJ.
• Oppose legislation that would reduce a municipal authority and
discretion to approve the creation of a special district within a city's
incorporated area or ETJ, including the expansion of a district's
boundaries or powers.
• Oppose legislation that will reduce or eliminate development fees,
exactions or building permits.
• Oppose legislation that will restrict cities' ability to adopt or amend
zoning regulations, or vest or otherwise create a property right in a
zoning classification.
Vt111t1eS
• Oppose legislation that would extend the electric subsidy to state
four-year state university, upper-level institution, Texas State
Technical College or college, by municipal owned utilities.
• Oppose legislation that exempts any further exemptions to the
drainage fee.
• Oppose any legislation that would limit or prohibit a city's ability to
make and sell compost/mulch products, inside and outside of the city
limits.
• Oppose legislation that subjects Texas cities to greenhouse gas or
carbon taxes where those cities utilize landfill generated methane to
provide electrical power to its citizens.
• Support legislation that will preserve Congestion Revenue Rights
(PCRRs) assigned to municipal utilities in exchange for supporting
the nodal market construct.
City of Denton 2009 State Legislative Program December 9, 2008
Page 11
v
• Oppose any legislation that will increase ERGOT Fees
• Support legislation that will require a utility rate study that
compares the statewide utility rate, including electric, water, and
natural gas, to other Sunbelt states to ensure Texas maintains our
status as a premier location for future or expanding business
ventures.
• Support legislation that allows municipal utilities to participate in
Competitive Renewable Energy Zone (CREZ) transmission
construction effort without fear of losing or jeopardizing their tax-
free status.
• Support legislation that requires market participants and Retail
Electric Providers (REPS) to be properly capitalized before they are
allowed to participate in the ERGOT market.
• Support legislation that requires more stringent credit requirements
for the startup of Retail Electric Providers (REPS}.
• Support legislation that preserves the Self Regulation of Municipal
Electric Utilities.
• Support legislation that protects the ability of governmental entities
to maintain confidentiality of certain critical documents and
activities.
• Oppose legislation that requires municipal electric utilities to pay
uplifted charges for those ERGOT REPS that declare bankruptcy or
for any other ERGOT short pay charges.
• Support legislation that adds wind resources to the transmission grid
in a staged manner that will ensure the most cost-effective build-out
of transmission facilities, maintain grid reliability and avoid the
potential for future stranded investment of transmission facilities.
• Support legislation that takes a cautious and measured approach to
any potential carbon or green house gas regulation such that the
state of Texas does not inadvertently implement standards more
rigorous than federal requirements.
City of Denton 2009 State Legislative Program December 9, 2008
Page 12
v
• Support legislation that phases in the concept of time-of- use pricing
in conjunction with advanced metering technology where
appropriate.
• Support legislation that clarifies that the 20% discount on electric
service to universities ended September 1, 2007 based on the express
terms of Section 63 of Senate Bill 7 (76th Legislature, 1999).
Transportation
• Support legislation that would mandate the Texas Department of
Transportation and the Texas Transportation Commission to allow
that locally collected toll revenues to remain in the region where they
were collected, and be administered by the region using policies
established in the region.
• Support legislation that authorizes Transportation Management
Areas within Texas to form Transportation Districts for the purpose
of calling elections for voters to determine if they want to increase
fees and taxes to fund a regional rail system and surface projects that
will reduce regional congestion.
• Support legislation that allows for greater flexibility by cities to fund
local transportation projects; amend or otherwise modify the Tax
Code to help cities fund transportation projects; and provide
municipalities additional funding options and resources to address
transportation needs that the state and federal governments are
unable to address.
• Support legislation that would fund options for the highway
infrastructure in Texas such as incremental transit sales tax less than
1/2 cent, cone-percent gasoline sales tax, a 1.75-percent motor vehicle
sales tax, additional vehicle registration fees, a local option gas tax, a
vehicle motor tax, a new resident impact fee, or a transportation
property tax.
• Support legislation that would exempt cities and counties from the
state requirement to pay TxDOT's project administrative costs when
cities and counties are providing the funding for state highway
projects included in TxDOT's Unified Transportation Program.
• Support legislation that would expand the provisions of TxDOT's
Pass Through Toll Program that allow a county to design and
construct a highway improvement on the state's highway system to
City of Denton 2009 State Legislative Program December 9, 2008
Page 13
v
apply to both cities and counties when the city or county is providing
the funding for any project included in TxDOT's Unified
Transportation Program, provided that the reimbursement
provisions of the Pass Through Toll Program would not apply to this
expansion of the program.
• Support legislation that would exempt from the two-percent cap on
local sales tax any local sales tax committed to transportation
projects, provided such tax permits each affected city to approve the
enactment of the tax within its jurisdiction.
• Support legislation that would constitutionally protect all revenues in
Fund 6 and discontinue the diversion of transportation revenues to
non-transportation purposes, and appropriate all revenues from
highway user fees and taxes to fund transportation.
• Support legislation that would index the motor fuels tax to reduce
the decline in purchase power of transportation funding.
• Oppose legislation that would create a Regional Mobility Authority
in the four county area of North Central Texas including Dallas,
Denton, Collin and Tarrant Counties for the purpose of
administering funds received through revenue sharing agreements.
Public Safety
• Oppose legislation that further restricts a city's ability to implement
a photographic red light enforcement system to use cameras at
traffic lights and impose a civil penalty for running the light.
• Support legislation that expands the grandfathering clause of newly
classified civil service positions to municipalities that do not meet the
population requirement outlined in current legislation.
• Support legislation that permits local regulations to prohibit the
ownership, possession, harboring, maintenance, transportation, or
sales of specific breeds of dogs within a local municipality and/or
support the repeal of legislation which prohibits breed-specific
regulations by home rule municipalities and local municipalities.
• Support legislation that would require 100 percent reimbursement of
costs incurred by cities for services provided during emergency
evacuation and shelter operations resulting from an emergency
City of Denton 2009 State Legislative Program December 9, 2008
Page 14
v
evacuation ordered by the governor or the governor's Division of
Emergency Management.
• Support legislation that would amend Article 102.01111(x)(1) of the
Texas Code of Criminal Procedure to provide that a defendant
convicted of a felony or a misdemeanor shall pay a fee of $15.00
rather than the current fee of $5.00 for the services of a peace officer
in issuing a written notice to appear in court following violation of a
traffic law, municipal ordinance, or penal law of the state, or making
an arrest without a warrant.
• Support legislation that would provide consistency and uniformity in
the compliance deadlines and fees for compliance dismissals of class
'C' misdemeanors.
• Support legislation that would amend Article 27.14(b) of the Code of
Criminal Procedure by eliminating the need to send a certified letter
if a plea is received through the mail with no payment and to use
regular mail in its place.
• Support legislation that would amend Article 43.05(b) and 45.045(x)
of the Code of Criminal Procedure to allow a defendant arrested on
capias pro fine to be brought immediately or the next day before the
court or a magistrate at the jail.
• Support legislation that would make the impoundment of a vehicle
optional upon a defendant's conviction of a second "no vehicle
liability" charge and that impoundment may be ordered by justice
courts of the sheriff and by municipal courts of the chief law
enforcement officer of the municipality.
• Support legislation that would allow judges to suspend adult driver's
licenses for failure to appear or for non-compliance with judicial
orders on class 'c' misdemeanor cases filed in municipal and justice
of the peace courts.
• Support legislation that would amend Article 103.0031(1) of the Code
of Criminal Procedure to allow courts with a contract with a
collections vendor to refer cases that were filed prior to June 1$,
2003, and to add the prescribed collection fee in order to increase
compliance with judicial orders and enhance safe communities.
City of Denton 2009 State Legislative Program December 9, 2008
Page 15
v
General Government
~ Support legislation that would exempt cities from any federal
collective bargaining legislation that may become law in the future.
~ Support legislation that would enact the Community Building Code
Administration Grant Act of 2007 or similar legislation if filed in
Congress in 2009.
~ Support legislation amending Section 11.1$25 of the Tax Code by
adding that community housing development organizations
(CHDOs) must receive an exemption from taxation from any
affected municipality prior to receiving a tax exempt status from the
local property appraisal district.
~ Support legislation that directly benefits UNT and/or TWU, if such
proposals do not adversely affect the city's interest.
~ Support legislation that directly benefits Denton ISD, if such
proposals do not adversely affect the city's interest.
City of Denton 2009 State Legislative Program December 9, 2008
Page 16
v
This page left blank intentionally.
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: City Manager-Administration
ACM: Howard Martin, Assistant City Manager 349-8232
SUBJECT
Receive a report and hold a discussion, and give staff direction to evaluate continued collection
of fees for engineering review of development projects by staff development review engineers;
for those development review tasks that were performed by Freese & Nichols, Inc. prior to the
approval of the new contract on November 4, 2008.
BACKGROUND
The City Council approved a new contract with the consulting firm Freese & Nichols, Inc. on
November 4, 2008 for engineering review of development projects. The following development
review engineering services were included in the 2008 contract:
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. ~ I ~E i~~..~1 ~ IE i. I ~~x~1 II ,~;~6~ ~I ''i~ ~ ~111~~ ~ ~ o'°~ 1'. ii.p;~I ~~,I j ~ Ise Y Nl:d~' fl- ~';~i,
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i II ~°„,,b ~ r Ir:"z~ ' I'I I:~ E I'~ . , ~ ,i .I ~ ~ i') ' ! .~I E a IS` 11~°. 1J~9-' a ip`,.,~1 ^ ,il a II
Prior to staff engaging the consultant in fee negotiations, the City Council had approved a new
Senior Engineer position for development review in the FY09 budget. In addition, the existing
Development Review Administrator position that was occupied by an engineer was converted to
a Senior Engineer position. This resulted in two Senior Engineer positions that were available
and dedicated to engineering review of development projects. In light of availability of this
engineering capability inhouse, scope negotiations with Freese & Nichols were conducted to
bring some of the engineering tasks inhouse for development review. The tasks that were deleted
from the Freese & Nichols contract, and the associated engineering fees charged to the applicants
are listed below. The tasks that were deleted except for the building permit site plan review do
not require detailed review of final plans. However, these tasks do require a greater degree of
review and input from city staff from water, wastewater, drainage and traffic operations. So
taking away these tasks from the Freese & Nichols contract provides the best value for the use of
the staff Development Review Engineer's time. The Freese & Nichols fees in column 2 below
are from the year 2005 contract.
Engineering Review of Tasks Deleted From F&N F&N F&N Proposed
2008 Contract 2005 2008 Fees
Fees Fees
Variances $250 $616 X250
Replats without public improvements $500 $585 X500
Alternative Development Plans (includes Alternative $500 $928 X500
Landscape Plans)
General Development Plan $500 $590 X500
Planned Development District: Detailed Site Plan $500 $590 X500
Comprehensive Plan Amendment $500 $590 X500
Building Permit Site Plan Review $1,300 $1,691 X1,300
Clearing/Grading Permit Review $350 $630 X350
Engineering Preliminary Plat and Final Plat review $500 $590 X500
for one and two lot residential subdivision
Total Annual Fees (based on past 3 year average) $211,899 X156,000
Using the current salaries, overhead, and the actual manhours used, the Freese & Nichols fees for
the same tasks if included in the 2008 contract are shown in column 3 above. Staff is proposing
to maintain the same fee structure that was used to compensate Freese & Nichols under the 2005
contract as shown in column 4 above.
Staff is proposing to bring this item for approval to the City Council at their January 5, 2009
meeting for the proposed fees deleted from the Freese & Nichols 2008 contract.
OPTIONS
1. Continue to charge the engineering review fees to compensate in-house engineering time
2. Discontinue engineering fees for tasks deleted from Freese & Nichols 2008 contract
RECOMMENDATION
At the January 5, 2008 City Council Meeting, staff will be recommending approval of the
proposed fees deleted from the Freese and Nichols 2008 contract.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
None
EXHIBIT
1. In-house Engineering Task
Respectfully submitted,
r /
F/tT f fF / ~ _ f' % d
f f
Jim Coulter
Director of Water/Wastewater Utilities
Prepared by
P. S. Arora, P.E.
DRC Engineering Administrator
Assistant Director Wastewater
IN-HOUSE ENGINEERING TASK
For the City Council's information, in addition to the tasks deleted from the 2008 Freese &
Nichols contract, in-house engineers were reviewing the following tasks for which city has never
charged separate engineering fees to the applicants. The fees for these tasks for the engineering
effort are currently not segregated from the Planning Department fees. Engineering fees are
shown as a reference, if these tasks were included in the Freese & Nichols 2008 contract:
Engineering Task F&N 2008 Rates
TxDot Coo~dlnatlon ~Vleeting $694
Amending Final Plat $610
Conveyance Plat $590
Gas Well Plat $706
Pre-Application $600
Plat Extension $630
Vacating Plat $504
Request for Abandonment $504
RAW Use Agreement $606
Specific Use Permit $716
TxDot Permit $716
Zoning $716
Zoning Board of Adjustment $590
Total Annual Cost (based on X221,751
past 3 year average}
Staff is currently not recommending implementation of any additional engineering fees for the
tasks in the second table.
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Planning Department
ACM: Fred Greene
SUBJECT Z06-0029 and Z06-0030 ~Rayzo~ Ranch)
Receive a briefing, hold a discussion and give staff direction regarding proposed
amendments applicable to the Rayzor Ranch Overlay District on approximately 410 acres
of land, generally located on both sides of West University Drive / U. S. Highway 3 80,
and being generally located between IH-3 5 and Bonnie Brae Street. The briefing will
focus on the subj ect of Trade Dress as it applies to this Overlay District.
BACKGROUND
Applicant: Allegiance Development Dallas, TX
The entire subject property encompasses approximately 410 acres of land located
generally on the north and south sides of U.S. Highway 380 (West University Drive),
between Interstate Highway 3 5 and Bonnie Brae Street (See Exhibit 1).
The parcel north of U.S. 380 contains approximately 153 acres (Northern Tract) and is
currently undeveloped. The applicant proposes to construct a combination of retail and
single family residential uses. The parcel south of U.S. 380 contains approximately 257
acres (Southern Tract) and is undeveloped. The applicant is proposing to develop a
combination of retail (pad sites and an outdoor mall), residential (single family and
multifamily), two hotels, offices, museums and park uses (See Exhibit 2).
On November 4, 2008, the City Council approved additional amendments to the
development standards and exhibits of the Rayzor Ranch Overlay District summarized as
follows:
1. Removed all references to required drainage improvements within North Lakes Park,
including payment of a $250,000 park improvement fee.
2. Allowed modifications of the tree mitigation requirements that did not impact the
overall tree mitigation and landscaping percentages.
1
3. Created a new Subarea with separate architectural standards that will reflects a recent
push to develop more hospital and medical related uses on the Southern Tract south
of the proposed Panhandle Drive along Scripture Street.
4. Allowed architectural accent and accent colors on buildings that are consistent with a
"Signature Trade Dress" for a specific user as long as the element is part of the user's
National Trade Dress and the overall building architecture still meets the Rayzor
Ranch standards.
5. Updated the transportation requirements to reflect current construction planning.
The purpose of the December 9, 2008 Work Session is to update the City Council on the
progress of the Trade Dress issue that was discussed at the November 4, 2008 public
hearing. On that night, the applicant requested and Council approved criteria to allow
architectural accent and accent colors on buildings that are consistent with a "Signature
Trade Dress" for a specific user as long as the element is part of the user's National Trade
Dress and the overall building architecture still meets the Rayzor Ranch standards.
Examples of trade dress are attached in Exhibit 3. Trade Dress in the context includes
colors, sign areas or other features on a building that are unique to a company's image or
brand.
The Trade Dress Criteria approved by Council on November 4, 2008 is as follows:
National Trade Dress Criteria for Approval
• In Rayzor Ranch, the term "Trade Dress" will include tenant identification
signage, materials, entry treatments and architectural features, if it is part of a
national identity for the tenant. Trade Dress will include the tenant's logo and
identifying colors and these colors do not have to match the architectural color
palette for Rayzor Ranch.
• Trade Dress elements cannot extend beyond the facade of the building.
• Trade Dress cannot exceed 25% of the total area of the facade for each tenant.
• Wall signage must be incorporated into the Trade Dress and cannot exceed 20%
of the total area of the facade.
• If the building is a corner building, or a freestanding building, then the tenant is
allowed to have Trade Dress on all facades.
The applicant had also requested consideration of the following procedures for approval
of Trade Dress in Rayzor Ranch. Staff has taken the position that procedures within the
Denton Development Code cannot be amended through the overlay District process and
require amendments to the DDC itself. The requested approval procedures are listed
below; they were not approved by the Council on November 4.
2
Applicant's Draft Approval Procedures
• A facade plan is submitted to the City of Denton Planning Department that just
shows the proposed facades of the bullding~s). This drawing well be reviewed to
ensure consistency with the Rayzor Ranch Architectural Guidelines and, if
consistent, will be approved by the Planning Department.
• Tenant submits plans, including Trade Dress, to the Rayzor Ranch Architectural
Control Committee for review and approval. A letter from the Rayzor Ranch
Architectural Control Committee must accompany all Trade Dress Applications
submitted to the City of Denton Planning Department.
• The Trade Dress Plan must be submitted to the City of Denton Planning
Department, with the approval letter from the Rayzor Ranch Architectural Control
Committee. The Trade Dress Plan must be based on the approved facade plan and
the Trade Dress must be shown on the plan, to scale and with accurate colors
shown.
• If the proposed Trade Dress does not exceed 25% of the facade area and if the
signage does not exceed 20% of the facade area, and if it does not pierce the
budding envelope, the Director of Planning, or his designee, can approve the Trade
Dress administratively.
• If the Trade Dress does not comply with the requirements, or if the Director of
Planning wishes not to approve the Trade Dress, the request well be forwarded to
the Planning and Zoning Commission for review and approval.
• If the Director of Planning denies the Trade Dress apphcatlon submitted by the
applicant, the applicant can appeal the Director's decision to the Planning and
Zoning Commission.
• All decisions by the Director of Planning must be made within 10 working days of
submittal, or the application is deemed approved.
The applicant also submitted the following exhibits with this language:
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Discussion at the November 4, 2008 City Council meeting also included clarification of
what Trade Dress includes and if the trade dress be removed if the tenant changes. The
applicant explained that the facades are uniform and the tenants have to fit into a
regulated set of architectural standards that include brick, materials and design. The
tenant must fit within apre-defined framework that will allow for changing of tenant and
tread dress without impacting the base facade.
The applicant discussed the essential aspects of Trade Dress in terms of its necessity for
obtaining tenants. They stated that the timing was essential in order to get tenants under
contract in the next four months, which may include up to 5 junior anchor stores that
contain between 10,000 and 56,000 square feet. The applicant emphasized that a tenant
like Staples must have its signature red file background behind its sign.
Staff suggested that the Trade Dress issue could be folded into the Special Sign District
since many Trade Dress issues seemed to already be addressed within Subchapter 15
(Signs} of the DDC. Staff requested more time to review and establish more detailed
criteria that would help to ensure maintenance of the aesthetic and architectural standards
already established within the Rayzor Ranch Overlay District. Staff was not comfortable
with percentages of the facade being allocated for Trade Dress as proposed by the
applicant. The applicant has since provided the elevations attached as Exhibit 4 that give
examples of typical Trade Dress percentages.
The City Council approved the criteria listed above with the understanding that they
would be brought back in approximately 30 days (by December 9, 2008} to try to clean
them up and make more permanent resolutions. At the time of this writing, staff is still
working with the applicant to complete acceptable criteria and we anticipate bringing this
item back up for action at the first Council meeting in January, 2009. In the meantime
4
the established criteria of November 4, 2008 will control. Staff is planning to utilize the
Work Session to brief the Council on the status of negotiations with the applicant.
EXHIBITS
1. Aerial Overview of Entire Subject Property
2. Master Site Plan
3. Signature Trade Dress Elevations
4. Trade Dress Percentages
Prepared by:
-
Chuck Russell, AICP
Planner Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Planning Director
5
EXHIBIT 1
Aerial Overview of Entire Subject Property
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EXHIBIT 2
Master Site Plan
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EXHIBIT 3
Signature Trade Dress Elevations
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9
EXHIBIT 4
Trade Dress Percentages (Highlighted in Green)
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12
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT DCA06-0010 (Subchapter 18 Amendments)
Receive a briefing, hold a discussion and give staff direction on the proposed amendments to
Subchapter 18 "Land Disturbing Activities" of the Denton Development Code (DDC). The
Planning and Zoning Commission recommended approval of the proposed amendments (7-0).
BACKGROUND
0n December 2, 2008, City Council received a briefing and held a discussion regarding the
proposed amendment to Subchapter 18. During this work session City Council provided staff
with comments. To address the City Council's comments, a follow up work session is scheduled
to give staff the opportunity to present proposed changes. A Subchapter 18 revised draft with
staff's proposed changes is presented in Exhibit 1.
PRIOR ACTION/REVIEW
April 14, 2006 Planning and Zoning Work Session
August 3, 2006 Denton Development Code Meeting
November 2, 2006 Denton Development Code Meeting
September 26, 2007 Planning and Zoning Commission Work Session
August 27, 2008 Planning and Zoning Commission Work Session
September 10, 2008 Planning and Zoning Commission Public Hearing
September 24, 2008 Planning and Zoning Commission Work Session
October 8, 2008 Planning and Zoning Commission Work Session
October 22, 2008 Planning and Zoning Commission Public Hearing
December 2, 2008 City Council Work Session
OPTIONS
1. Direct staff to proceed with the proposed amendments
2. Direct staff to proceed with the proposed amendments with changes
3. Direct staff to take another direction
EXHIBITS
1. Subchapter 18 Revised Draft
Prepared by: Respectfully submitted:
Ron Menguita, AICP Mark Cunningham, AICP
Planning Supervisor Director of Planning and Development
EXHIBIT 1
Subchapter 18 .
Development Code
Subchapter 18 -Land Disturbin Activities g
Sections:
35.18.1 Purpose.
35.18.2 ~~pproval and Permit Requixed. 35.18.3 Exemptions.
35.18.4 ~~pplications.
35.18.5 Standards.
35.18.6 Remedies of the City.
35.18. ~ Purpose.
1~. Preserve and enhance the City of Denton's natural character by preventing untimely and indiscriminate
removal or destruction of trees, understory, and ground cover;
B. Protect and preserve the ecological functions of environmentally sensitive areas (ESNs) by regulating land
disturbances and removal of vegetation within the ES1-~s;
C. Protect the city from sediment that finds its way into streets, storm sewers, ditches and streams, which
may result in additional taxes for city maintenance costs, increased flooding, impaired water quality, and
damage to property;
D. Promote soil conservation by minimizing land disturbances, thereby reducing sedimentation, air, and
surface water pollution; and
E. Comply with State and Federal stone water regulations.
35.18.2 Approval and Permit Required.
No person, corporation, or other legal entity shall engage in stockpiling, grubbing, or land clearing and grading
without the required approvals and permits. l~ctivities shall be limited to the area and scope identified on the plans submitted with the approved permit, and shall comply with
State and Federal storm water regulations. There are
three types of permits covered by this subsection:
1~. Clearing and Grading Permit requires:
1. Development Review Committee review of construction plan and site plan;
2. l~pproval by the Planning and Zoning Commission of a final plat, for those projects which will
ultimately be required to plat (see Subchapter 16);
a. Upon submission of all site information deemed necessary for approval, the City's Drainage
Engineer may issue a land disturbance permit on unplatted parcels to improve drainage and
promote compliance with Federal, State and City standards relating to flood prevention and erosion control.
3. Tree Removal Permit, if applicable; and
4. 1~ pre-construction conference with Engineering for clearing and grading activities on public right-of-
ways or public easements.
B. Grubbing Permit requires:
1. Tree Removal Permit, if applicable.
C. Stockpiling and Excavation Permit requires:
1. Tree Removal Permit, if applicable.
18-1
Subchapter 18 .
Development Code
35.18.3 Exemptions.
The following shall be exempt from the provisions of this Subchapter:
1~. Grading and clearing in emergency situations involving immediate danger to life and property or
substantial fire hazards.
B. ~~ny site disturbing activity where the total volume of material disturbed, stored, disposed of or used as fill
does not exceed 25 cubic yards for residential projects or 50 cubic yards for non-residential projects, and
the area to be disturbed in either case does not exceed 2,000 square feet. Notwithstanding this exemption, the site disturbance activity shall not result in the obstruction of
any water courses, nor shall be located in
a floodplain or any other environmentally sensitive area. This exemption shall not constitute a waiver or
variance from any applicable state or federal regulations.
C. Soil disturbing activities, excluding tree removal, that are associated with normal agricultural crop
operations.
D. Stockpiling and handling of earth material associated with commercial quarry and landfill operations
licensed under the State.
E. Projects with an approved Building Permit.
35.18.4 Applications.
Permit applications and requirements, processing of applications, and conditions of issuance are as follows:
1~. ~~n application along with the required fee shall be submitted in accordance with the ~~pplication Criteria
Manual.
B. ~~ny permit granted under this Subchapter shall expire one year from the date of issuance. Upon a
showing of ongoing construction activity, the permit may be extended by the building official for one
monthperiod and for an additional fee.
C. Reviewed plans shall not be amended without authorization of the Building Official. The Building Official
may suspend or revoke a permit because of incorrect information supplied, or for any violation of the provisions of this Subchapter.
35.18.5 Standards.
The design criteria for erosion and sediment control shall comply with the design standards contained in the Site
Design Criteria Manual. Permitees shall also comply with the following general regulations and standards:
A. General Regulations.
1. The activity will not create or contribute to landslides, accelerated soil creep, or settlement;
2. The activity will not create or contribute to flooding, erosion, or increased turbidity, siltation or other
forms of pollution in a watercourse;
3. Operations shall be consistent with anticipated build-out schedules, and shall be conducted so as to
expose the smallest practical area of soil to erosion for the least possible time;
4. The property owner shall be responsible for all cleanup operations incidental to the disturbance of the
surface of the property within 6 months of the operation completion date, including removal of temporary erosion and sediment controls if final stabilization has been obtained,
and removal of all
trash or other materials not suitable for fill;
18-2
Subchapter 18 .
Development Code
5. No soil, rock, mud or other construction debris shall be allowed to be deposited on or in the streets, alleys, utility facilities, right-of--ways, easements, or drainage
facilities owned or required by the City of
Denton;
6. The site operator or owner shall provide a copy of the signed Notice of Intent from the Texas Commission on Environmental Quality (TCEQ) for all sites that are larger
than 5 acres or are less
than 5 acres and part of a larger common plan of development that exceeds 5 acres, and shall develop
and maintain a Storm Water Pollution Prevention Plan (SWPPP) for the site in accordance with
TCEQ regulations;
7. The site operator or owner shall provide a copy of the signed Construction Site Notice for all sites
less than 5 acres and not part of a larger common plan of development exceeding 5 acres, and shall
develop and maintain a Storm Water Pollution Prevention Plan (SWPPP) for the site in accordance with TCEQ regulations;
8. The site owner or operator is responsible for routinely inspecting erosion and sediment controls at the site as specified in the SWPPP. The City may also inspect erosion
and sediment controls located at a
site for compliance. If a responsible party fails to implement, inspect, and maintain controls as
specified in the site's approved SWPPP, the City shall provide such party with written notice of non-
compliance. The responsible party shall have no less than forty-eight (48) hours to correct the
violation, which may be extended for inclement weather or other factors at the discretion of the City of Denton inspector.
9. When construction or land disturbing activities are conducted as a part of aNon-Residential or Multi- Family construction project, temporary erosion and sediment controls
shall be installed prior to land
disturbing activities as specified in the approved SWPPP. Permanent erosion and sediment controls
that are specified in the SWPPP shall be installed and maintained prior to the occupancy of any non-
residential or multi-family structure. Phased occupancy will only be allowed when there are no
outstanding erosion or sediment control violations for the project for which the request is made.
10. When construction or land disturbing activities are conducted as part of a Residential Subdivision
project, temporary erosion and sediment controls shall be installed, as specified in the approved
SWPPP. Permanent erosion and sediment controls that are specified in the SWPPP shall be installed and maintained prior to final acceptance of a subdivision.
i. The developer for such subdivision shall continue to maintain all temporary erosion and sediment control devices until permanent erosion and sediment control has been established
on all lots within the subdivision for which a building permit has not been issued, and
ii. If a developer sells one or more lots in a subdivision to a purchaser, the developer may
extend permit coverage to the purchaser under the developers Notice of Intent (NOI). If
this occurs, the developer remains the responsible party for the entire subdivision including
the purchased lot(s) and remains liable for violation of this subchapter. 1~ copy of the
developers NOI and a letter from the developer stating that coverage under the NOI has been extended to the purchaser shall be provided to the City as a condition of Building
permit issuance for the lot(s), and
iii. If a developer sells one or more lots in a subdivision to a purchaser, the developer may
choose to not extend permit coverage to the purchaser under the developers NOI. If this
occurs, the developer remains the responsible party for only those lots for which the
developer retains day-to-day operational control. The purchaser then becomes the
responsible party for the lot(s) purchased, and is liable for violation of this subchapter. 1 copy of the developers Notice of Change (NOC) or Notice of Termination
(NOT), in
addition to the purchaser's NOI and SWPPP shall be provided to the City as a condition of
Building permit issuance for the lot(s), and
iv. If a purchaser sells one or more lots prior to final occupancy, the current owner of the lot(s)
becomes the responsible party. 1~ copy of owner's NOI and SWPPP shall be provided to
the City as a condition of Building permit issuance for the lot(s).
18-3
Subchapter 18 .
Development Code
11. Upon establishing permanent ground cover or other approved permanent erosion and sediment control, all temporary erosion and sediment control devices shall be removed
by the responsible party,
as identified on the SWPPP. Failure to comply with this provision is considered a violation of this
subchapter.
B. Standards for Establishing Temporary Stabilization Measures
It shall be the responsibility of the Director of Water/Wastewater to ensure that temporary stabilization measures are appropriately established in all areas of the site where
soil disturbances have occurred and
where construction activities have temporarily ceased for more than 21 calendar days. Temporary
stabilization may include seeding, geotextiles, mulches, and similar measures as approved by the City, and
that are designed to reduce or eliminate erosion until permanent stabilization can be achieved or until
further construction activity takes place.
35.18.6 Remedies of the City.
1~. The City may deny the approval of any clearing and grading permit, building permit, site development
plan, and any other City approval necessary to commence or continue construction or to assume
occupancy, on the grounds that site erosion or sediment controls are determined not to reduce the
discharge or sediment, silt, earth, soil, and other materials associated with land disturbances to the
maximum extent practicable.
B. If a permittee (or its officers, employees, agents, contractors, subcontractors, or representatives) fail to
comply with any requirements of this subchapter (including any requirement incorporated by reference), a representative from the City shall give notice to the permittee specifying
the nature and extent of the
alleged failure, the extent of efforts required to cure the failure, the established cure period, and the
potential impacts on the health, safety, or welfare of the community. The cure period will be established
by the City representative, and will generally not be less than 48 hours unless the alleged failure represents
a risk of destruction of property or injury to persons. The cure period may be extended for inclement weather or other factors at the discretion of the City representative.
C. If the permittee does not cure the alleged failure within the time frame specified by the City representative,
the City may:
1. Notify the TCEQ and request that the TCEQ take appropriate action; and
2. Issue a Stop Work Order and may enforce the penalty provisions of Subsection 35.1.10.4 of the
Denton Development Code against the permittee or site operator, or both.
E. Should the permittee fail in any respect to fulfill the requirements of this article, the City may go on to the
property in question and perform such work as may be necessary to fulfill such requirements, including
but not limited to leveling ground, establishing temporary stabilization, constructing erosion controls, and removing all soil, rock, debris and other materials not suitable for
fill at the permittee's expense. The City
shall bill the permittee for the expenses incurred. If the permittee fails to pay the City for such expenses
within 30 days of being billed for same, the City shall have the right to place a lien on the property for all
amounts expended by the City, plus interest at the current lawful rate.
F. The remedies provided by this Section are in addition to any other remedies described in this
Development Code. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other
action against the violator, including civil enforcement remedies.
18-4
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager `^=~J;~`___
SUBJECT:
Consider approval of a resolution of the City of Denton, Texas, adopting the City of Denton's
111th Congress, 1st Session Congressional Priority Projects; and providing an effective date.
BACKGROUND:
Since fiscal year 2003, Denton has submitted Congressional priority project requests to our
legislators for projects that qualify for special consideration, treatment or funding based on the
needs of the community and the appropriateness for federal consideration. Many of Denton's
initial requests were for transportation projects because of the delay in the reauthorization of
TEA-21 and the need for improved roadways to handle Denton's growing population. Denton
requested funding assistance so that projects could be expedited to meet growing vehicular
traffic.
Since our first submission, Denton has received in excess of $12 million in earmarked federal
funds. Congressional earmarks are becoming increasingly difficult to obtain due to growing
number of requests, increased media scrutiny and a reduction of funding. Because of increasing
controversy and the growing number of requests, increased information and detail must be
provided to Congressional representatives with submitted project requests. Most Federal
agencies require that the recipients of congressionally earmarked funds submit a proposal and
that the proposal be approved by the agency before the funds will be released. Generally,
successfully earmarked projects receive between $100,000 and $1 million over a period of one to
three years.
In preparation for compiling Denton's 111th Congress, 1st Session congressional priorities, staff reviewed our project funding needs, as well as the FY 2009 congressional
priority project
requests. The Airport Advisory Board and the Mobility Committee recommended approval of
the Airport Safety and Security Enhancements project. The Downtown Denton Development
Improvements cost estimates increased from the FY 2009 to more adequately reflect materials
and construction costs. The Regional Public Safety Training Facility requests remain the same as
approved by City Council for FY 2009. See attached for more information.
RECOMMENDATIONS:
The recommendation from boards, committees and staff is that Council approves the three
recommended projects as our 111th Congress, 1st Session Congressional Priority Project
requests.
1 llth Congress,1st Session Congressional Priority Projects
December 9, 2008 Page 2
Airport Safety and Security Enhancements $990,000
Downtown Development Improvements $1,965,000
Public Safety Training Facility/Technology $4,100,000
PRIOR ACTION/REVIEW:
The Airport Advisory Board and the Mobility Committee have reviewed the Airport Safety and
Security Enhancements request. City Council Work Session December 9, 2008.
Respectfully submitted:
r rr~ Y f r~ ,,+I 1 1 y,~'~
1 ~i I I i
John Cabrales Jr.
Public Information/Intergovernmental Relations
officer
Attachment: 111th Congress, 1st Session Congressional Priorities
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The C~entan ~irpart is re~iestir~ ~a,a0a in discretianar~ tundin~ far security
enhar~cen~ents. These irr~~arave~~nents incline securit~° ~~encin~ and cantralled access
paints to increase airpart secirit~r and uvildlife central. This pra~ect is recani~ed in
the cirrent ~irpart Master Plan. F~~,~ persannel have identified the lacy of secirity
fer~cin~ as a ~veakness that needs to be addressed. The ir~stallatian a~ the secirity
fencing gill turther~acilitate the cirrent ~r~a~th trend an the facility as mare and mare
carparate aircraft aperatars mill anly itili~e secured facilities.
~b.
hh~ ~e~~fi~n ~ir~~r~ his ~ppr~~i~~d~~i~° 4Q a~~d ir~rft ~n~ ~x~~ri~~°~~e n~ar~
~ C~~,QO►~ ~~a~r~fii~n~ r year ~~ith ~ i~r~e r~~~ur~t ~~r~~r~~e jet and ~
in~r~~~~ in sir r~rr~~ ~~~ivi~y. ~h~ ~ir~~r~ ~fitr~~t~ ir~r~t ~~~r~ti~n~ fr~r~ ~~I ~~r
the v~~rlc~ c~u~ ~ its r~1~j~r rn~int~~nG~ ~a~iGti~ well ~ its I~~~~i~n ~r~~ ~on~
~~ni~n~~. Thy ~~~iti~r~ o~~kh~ n~~vl~ ~~ined rir~r~ t~i~ ir~~r~~~e~ tl°~~
~f~~y r~r~ c~p~~i~y~ ~ir~rt fr~r ~ir~r~r~ user.
r~r~~le~e~ ~reje~t~ ever the pit year ~ airper~ ir~~lude:
e~~letie~ ~~e~ern~~in~l and ~rnir~i~tratiar~ uil~ir~~.
• Cen~~letien a~~ nevi ~ar~llel ~iy~~i~l°~ c~r~ serge ~n en~er~e~~~~
lan~ir~~ surface s~eul the rur~~va~ ~~eser~ er unus~~~ie.
Future ~Ba~~r~e~ raje~~s at air~ert in~~ude:
® The ex~ensien af~ rur~~ay fo ~~,~~0
The design ar~~ ~es~s~ru~fien ~ ~e~r ~a~iuva~ frer~ the run~a~ to
seut~easf side of tl~e air~erfi ~e in~~~reve c~e~eie~~r~er~t e~~erfunities.
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I~'~~t~~~~~r1~~ v~~u~~ ~f ~'~~tc~ry ~5't. ~t E3ell A~~.
Hi w r
The Hickory Street Corridor Project will link Downtown Denton's historic square (listed on
the National Register of Historic Places) to the future Denton County transportation
Authority (DCTA) rail station and the Multimodal Transit Facility to the east and to the
University of North Texas (UNT) to the west. This connectivity is critical as we work to
improve mobility to and through our Downtown Square.
The imminent arrival (2010) of the commuter train is expected to spur mixed use develop-
ment inthe area. City staff is currently working with adeveloper on amulti-million dollar project that will include housing, retail and a parking structure. This project will
be adja-
cent to the transit facility. New residents in this area will need a walkable route to the
Downtown Square. Denton has already completed a $1 million streetscape project on
the face of the square. The "outer square" streets have been funded with city ($2.8
million) and federal ($900,000) dollars. Cedar Street (Phase One, to the East of the
square} was completed in July 2008; plans for Walnut Street (Phase Two, to the south)
are underway and should be completed by 2010.
The improvements to Hickory Street
and its sidewalks are a key component
in Denton's Master Plan that currently xi~~
lacks fundin .The ro~ect will also ~ g p J ~~µ~w
include streetscape, bike lanes and a ~~~k 2
narrowing the street to slow traffic, ~ `
making it safer for pedestrians. The ~m` ~ ~ ° .r'.w'~'" . M H. ~ ,
Hickory Street Project is needed to ~ ~ ~ ~
promote access for the additional ~ ,.tt ~ ~ ,w,
pedestrian and bicycle traffic generated ~
by the transit project, as well as the ~~t~~t~~ pit ~r Il~1~tt~~~~~~1 Tr~r~sit F~c~tity~
more than 20,000 university Students (UNT and Texas Uvomans' University who commute to Denton
each day.
The Hickory Street Corridor will fulfill the City's goal of making this area more "green," by encouraging
people to park their vehicles and walk or bike to their destination in Denton's core and encourage new
projects and businesses that fit with sustainable development.
In 2007, the City selected a site for the $3.1 million Downtown Denton Multimodal Transit facility that will
complement the proposed DCTA commuter rail station off of E. Hickory Street and Railroad Street. The Hickory Street Corridor will be the critical link from the station to historic
downtown and to the universities.
The City greatly appreciates the federal funding the delegation obtained for this important project.
f . r
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Ar°~isf renderir~~g ~f
~~a~~~~i~>►l~ in~,~ra~~er~~nts
t~ i ti~;,~k~~~~` ~i~~~t.
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~ M,
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i ~ N rr lr~~~ra~ln lease cn~act:
L~~wn~c~wn Devel~prnn~
Linda Ratliff
Director of Economic Development x+~ ' ~ Ea~i~a~~r~~
1 ~ E. McKinney St.
vie~~ Denton, T~ 7001 .n
f~i~i~~~~~ 040-40m7774 ~~f6 A~~. Linda. Ratliff cit ofdenton.com
~y
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IU i Dili
The pity of ~eeltan appreciates the F~' ~aa funding pravided far this pra,~ect, and is requesting
~~.1 rnillian in discretianary funding tartechnalagy uses assaciated with the planned can-
structian of ~ state-of-tha~-art jai~lt ~aliaa end fire ragian~l ~uhlia ft training ~faility. l~ha
new facility prese~lts the pity of C~entan an appartunity to became leader in setting higher
star~darc~s far quality emergency service training, which adds to hameland security pre-.
pared~less and inlpraved carnn~unity safety. ~~~he pity expects to exceed bath the academic
and technical rec~uirer~~ents far emergency respa~lders as well as respanders Pram the
entire regiarl. partnerships with area ralleges, as well as ether area public safety agencies,
are already being develaped.
In Naveellber ~aa4~, the pity purchased all -errs site far the building of this regianal train-
ing facility at a rest of ~.a~ rnillian. In July aa5, the pity hired Kirkpatrick architectural
tudia far ~~a,aa to wark an the master plan far the facility. several meetings have been
held witr~ stakellalders afthe training renter, such as Narth central Texas allege ~I°~T~~,
to establish their needs and criteria tarthis reianal facility.
In July ~aai, the ~~ity Cauncil appraved alnlast X12.6 rnillian far the canstructian at this
regianal training facility that will include: a twa-scary residence bur~1 building, autdaar class raarr~, high rise burn building, an l~rba~1 earrll and Rescue structural
callapse area, a
trench rescue sifie, a canfined space rescue site, a , ~a ~
16-lane sheeting range and a sheet hawse. The ~ ~ ~„~G,>>, a
s facility will else include a 2a 6aa square feat ~ ~ , ~ r~ ,
~ 4 ~a h ! classraam~administratian building treat will allaw ~ ~ ~ ~ ~ ~ ~ ~
public safety persannel frarn araund the regian to ~ ~ ~~'y ~ ~ ~ ~ ' s~, . ~~y
\ ~ o meet and exceed a~lgaing day-ta-day training rag- ~ _ ~,~~~z r , ~,1 ~ ~ ,
uirenlents frarn basic academies to advanced pre- ~
grams thraugh our partnership with N1-~. This }
regianal training will else irr~prave mutual aid and
inter-~urisd~ctianal relat~anshEps. fur hope is to
span the regianal public safety training facility
san°~etime in early 2a1 f. w,,
-
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it ?1 _ i
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- ~ t ~S~"~(~~~"1 I,_._ . ~..o _ _ - 1 i 1 L ~r 1 fl '1 .o- 4 _ f ~ L, ~ - l~
05. ~ t ~ Imo`"" ~ ~ w . _
zinc- ~ ~ . d', M~'' 'y£~ i9~,~~L' ~,Y ~ ~ ~ i f a S~ r.n t~ fir; ~a,, ~ .r ~ I ~ ~
i
J- h - , gin, M , - l a. ~7, IIM l r L, T i ; * , c _ ~ ~ I 1 1
p r ✓ ;e E kr. ~~J _ r
- ~ ~ _ . . . , - _ ~ a l42 y ~ i a r ~ e ~ " Y ~.,a, i
' ti ~ ~ ~ _ r 'S~ f
r } }u: ty y , ~ d r, ~ E x. ' F u ~ ~ I j I
~ ~ ~ 46 ~ a r II F.. _ 6111 i
. ~4 ,°''y" h,',dE "cam ~ E I ~'i h. ~r~,,,,IS I. r. , i ~ V4 ~ 4 ~ i ,W`
i ~II~ _..._..R._F ~ ..N„~. f ` , c
L ~ r. _ _ v.~
s _I
The $4.1 million discretionar fundin ; ~ _ ~ ~ ~ y g ~r d. , a
request will be used to fund the advan- ~ ~ ~ ; , _ ~ ' ! i ~ ~ i , ;i ced technical needs of this regional ~ ` ~ _ ~
f7+ h~1M public safety training facility. Specific ' ~ ~ ~ ~ I~: ~ ~Q ~ ~
i _ ~ ~ t ~ ~ ~ , ~ ~ ti; I technology requests include $3.5 ~ ~ - - - Fi ~ ~
. ~t II m i I I i n f n h f F r n ~ , ~ ~ ~ ~ ~ ~ ~ ' o to u dt eUseo ocea d
p' xm 6 . Driving simulators and $600,000 to s' ~ti
fund administrative/classroom _t~t, ~.r~4 ~
y ,K multimedia technology.
E :N. hl,,
~f i
~'rr.~,~o`~ec~ side ~I~r1 fc~r ,~~c~~~~~6~df ~u~fi~~ ~"~~e~y ~r~1i~~~~~~
Fir ~e ~nf~rrnat~ phase cn~c:
P~~~c safety
Fred Greene
assistant pity Manager
X15 C. Mcl~inney fit.
Denton, T ~O~1
040-X40-54
Fred.reene~cityofdent0~°~.com
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider approval of a resolution of the City of Denton, Texas, adopting the City of Denton's
2009 State Legislative Program for the 81St Texas Legislature; and providing an effective date.
BACKGROUND:
The 81St Regular Session of the Texas Legislature begins in January 2009. As we prepare for that
session, the City Council has met in work sessions, participated in legislative seminars and
received input from city staff on our legislative issues. The attached 2009 State Legislative
Program (Exhibit "A"} contains our legislative issues that relate to state initiatives that impact
city finances, development and land use, right-of ways, regional transportation, utility and public
sa ety issues.
The Mayor and staff have also been working with the Texas Municipal League (TML) task
forces, the TML Big City Lobbyist group and other cities to identify possible legislative issues of interest to Denton. The adoption of this program allows city representatives
to work with state
legislators on supporting and opposing legislation that that will accomplish our goals. It also
gives city representatives the ability to react quickly to proposed legislation and authority to
enter testimony, on these issues, on behalf of the City.
OPTIONS
The City Council may adopt the resolution and the City of Denton 2009 State Legislative
Program, or direct staff to make changes and then adopt the legislative program as amended.
RECOMMENDATION
Adopt the 2009 State Legislative Program.
PRIOR ACTION/REVIEW (Council, Boards, Commission):
December 9, 2009, City Council Work Session
FISCAL INFORMATION:
None.
Respectfully submitted:
' ~ ' 1 yr i 14, f 1 ' I a i `,~^r
li
John Cabrales Jr.
Public Information Officer
Attachment: Exhibit "A" - 2009 State Legislative Program
ADA/EOE/ADEA .c toy®co (TDD 800-735-2989)
A. EOLI~TION OF THE CITY OF DENTON, TE~,A., ADOPTING THE CITY OF
DENTON' 2~~9 STATE LE~ILATIVE PROGRAM FOR THE S 1sT TE~,A
LEGISLATURE; ~ PROVYDIN~ AN EFFETTE DATE.
AREAS, the S 1 ~ Texas Legislature mill conunence ~n January ~~a; and .
WHEREAS, appraisal caps, revenue caps, general government, and many legislative
issues affecting local gaverntnent mill be considered; and .
V~HEREAS, the C1ty of Denton desires to adopt lts leglslat~ve program for the S 1 ~ Texas
Legislature, attached as Exhibit "A"; NO~V, THERFORE,
THE O~NIL OF THE CITE OF DENTON HERBY RESOLVES:
SECTION 1. That the pity of Denton's 2a~~ Legislative Program far e ~ 1 Texas
Legislature is adopted as set forth in Exhibit "A," incorporated herein and made a part of this
resolution far ail purposes.
SECTION 2. That the Mayor and pity council, qty Manager and the pity Attorney, or
theix designees shall conunicate the items included in the state legislative program to members
of the Texas Legislature.
SECTION The pity Manager, or his designee, is directed to draft appropriate
legislation, seek sponsor, and actively pursue passage of such legislation by providing
testimony from the lVlayor and pity council and pity Staff and through other appropriate means.
PASSED AND APPROVED this the 9~ day of December ~a08.
MARK A. BURRO~JGHS, MAYOR
ATTEST:
JENNIFER ~VALTERS, CITY SECRETARY
BY:
APPROVED AS TD LECrAL FORM: .
ANITA BIJ~RGESS, CITY ATTORNEY
BY:
i
Exhibit "A"
City of Denton
2009 State Legislative Program
State of Texas
81S` Legislative Session
As approved by the Denton City Council
on December 9, 2008
TABLE OF CONTENTS
City of Denton Mayor and Council Contact Information 2
City Manager, City Attorney and City Staff Contact Information 3
2009 State Legislative Program Adopting Resolution 4
Revenue and Taxation 5
Land Use and Resource 10
Utilities 11
Transportation 13
Public Safety 14
General Government 16
City of Denton 2007 State Legislative Program October 3, 2006
Page 1
v
City of Denton City Council Members
Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201
The City Hall Phone number for Council - 940-349-7717
Mayor
Mark Burroughs Cell: 940-390-9702
. . office: 940- 382-4357
Mayor Pro Tem- At Large Place 5
Pete Kamp Home: 940-566-5557
Cell: 940-3 90-913 7 . .
Council Member -District 1
Charlye Heggins Home: 940-566-3479
I . , `i Cell: 940-391-2339
Council Member -District 2
Rudy Moreno Home: 940-565-8301
. , ~ . Cell: 940-368-6228
Council Member -District 3
Jack Thomson Home: 940-3 82-5176
. Cell: 940-43 5-1943
Council Member -District 4
Chris Watts Cell: 940-391-4422
.
Council Member - At Large Place 6
Joe Mulroy Home: 940-382-3396
. . . ,
City of Denton 2007 State Legislative Program October 3, 2006
Page 2
v
City Manager, City Attorney and City Staff
The Denton City Council and staff are glad to provide information, research issues
and testify on the City of Denton legislative issues.
Municipal Offices:
940-349-8200
City of Denton
215 E. McKinney
Denton, Texas 76201
,
George Campbell Anita Burgess
City Manager City Attorney
940-349-8306 940-349-8336
® . .
Howard Martin Jon Fortune
Assistant City Manager Assistant City Manager
940-349-8232 940-349-8535
® t ~ t~ t . . ~t t .
Fred Greene John Cabrales Jr.
Assistant City Manager Intergovernmental Relations Officer
940-349-8232 940-349-8509 ,A
. . . .
Lindsey Baker
Assistant to the City Manager
940-349-8234
.
City of Denton 2009 State Legislative Program December 9, 2008
Page 3
v
RESOLUTION N0.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF
DENTON' S 2009 STATE LEGISLATIVE PROGRAM FOR THE 81sT TEXAS
LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 81 st Texas Legislature will commence in January 2009; and
WHEREAS, appraisal caps, revenue caps, general government, and many legislative
issues affecting local government will be considered; and
WHEREAS, the City of Denton desires to adopt its legislative program for the 81st Texas
Legislature, attached as Exhibit "A";NOW, THERFORE,
THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES:
SECTION 1. That the City of Denton's 2009 Legislative Program for the 81st Texas
Legislature is adopted as set forth in Exhibit "A," incorporated herein and made a part of this
resolution for all purposes.
SECTION 2. That the Mayor and City Council, City Manager and the City Attorney, or
their designees shall communicate the items included in the state legislative program to members of the Texas Legislature.
SECTION 3. The City Manager, or his designee, is directed to draft appropriate
legislation, seek a sponsor, and actively pursue passage of such legislation by providing
testimony from the Mayor and City council and City Staff and through other appropriate means.
PASSED AND APPROVED this the 9th day of December 2008.
MARK BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
City of Denton 2009 State Legislative Program December 9, 2008
Page 4
v
Denton's Le islative Priorities
The City of Denton has adopted the following legislative issues as priority
issues for the $lst Texas Le islative Session. The Ci Council of the Ci of g tY tY
Denton has met in workshops, participated in legislative seminars and has
received information from city staff and various groups within the community
to set these priorities.
Revenue and Taxation
• Denton's Highest Legislative Priority: Continue to urge the
legislature not to adopt any legislation, which would negatively affect
City revenues and economic development efforts.
o Oppose legislation that would mandate a reduction in the
current 10% cap on annual appraisal growth.
o Oppose legislation that would impose a revenue cap of any
type, including a reduced rollback rate, mandatory tax rate
ratification elections, lowered rollback petition requirements,
or exclusion of the new property adjustment in effective rate
and rollback rate calculations.
o Oppose legislation that imposes a property tax freeze that can
be implemented by any mechanism other than council action.
~ Oppose legislation that would substantially modify the current
procedures of appraisal arbitration in a way that would substantially
harm taxing entities or appraisers.
~ Oppose legislation that would erode the concept that appraisals must
reflect the true market value of property.
~ Oppose legislation that would impose new mandatory homestead
exemptions or exemption increases.
~ Oppose legislation that would require that the adoption of a new
sales tax for property tax relief shall result in a lower property tax
rollback rate for the adopting city.
~ Support legislation that would require mandatory disclosure of real
estate sales prices.
City of Denton 2009 State Legislative Program December 9, 2008
Page 5
v
• Oppose legislation that would impose destination-based sales tax
sourcing.
• Support legislation that would authorize the State of Texas to opt
into the Sales Tax Streamlined Project.
• Oppose any legislation that would enact any detrimental
amendments to the provisions of Senate Bill 5 or erode the provisions
of Senate Bill 5 79t" Le islature, Second Called Session .
( g )
• Oppose any legislation that would impose a sales tax holiday for
textbooks.
• Support legislation that would allow municipalities to audit a
taxpayer's records for sales tax compliance, and ensures the equal
tax treatment of taxpayers, regardless of their sales method.
• Support legislation that would significantly increase the threshold
requirements for determining whether a warehouse, storage yard, or
manufacturing plant can be considered a place of business of the
retailer for sales tax sourcing.
• Support legislation that would require the Comptroller of Public
Accounts to notify the affected municipalities and afford each the
opportunity to hear and dispute the facts in accordance with
established procedures prior to any reallocation of sales tax revenue.
• Support legislation that would require the Comptroller of Public
Accounts to only make the reallocation of sales tax prospectively
when the net impact is between multiple municipalities.
• Support legislation that would permit alocal-option municipal court
fee on convictions in Municipal court to be used to offset fuel costs.
• Support legislation that would clarify that only value lost to a
senior/disabled tax freeze should be excluded from effective
property tax rate calculations.
• Support legislation that would enact the following changes to Section
255.003 of the Texas Election Code (the statute prohibiting the use of
public funds for political advertising):
a. provide a clarification in the statute, or by Texas Ethics
Commission rulemaking, of the meaning of "advocate" for
City of Denton 2009 State Legislative Program December 9, 2008
Page 6
v
purposes of the statutory prohibition, including (if possible)
illustrative examples of legal and illegal content;
b. provide that a member of a municipal governing body
does not violate the statute if that person's only action was
to vote to spend public funds in a way that complies with
the law at the time of the vote;
c. provide that a civil penalty imposed under the statute bars
criminal prosecution for the same conduct;
d. provide that a violation of the statute by an individual
requires a culpable mental state by the actor (e.g., knowing,
intentional, or reckless action);
e. provide that an individual cannot be punished for
violating the statute based solely on the conduct of a third
party;
f. require that the Texas Ethics Commission make a
preliminary, formal finding that a complaint is not frivolous
before a complaint may proceed, and require the Texas
Ethics Commission to give its reasons for such a finding;
g. provide that it is an affirmative defense to civil or criminal
prosecution under the statute that the accused acted in
reasonable reliance on a court order or a written
interpretation of the statute contained in an opinion of a
court of record, the attorney general, the Texas Ethics
Commission, or the attorney for the political subdivision for
which the accused serves.
• Support legislation that would convert the sales tax reallocation
process from a ministerial process into a more formalized
administrative process that would, at a minimum, require prior
notice to all affected parties and impose a time limit of three years on
the right of a claimant to request a refund.
• Support legislation that would permit alocal-option municipal court
fee on convictions in municipal court to be used to offset fuel costs.
• Support legislation that would extend the authority of property-
taxingentities to engage in property tax abatements.
• Support legislation that would allow acouncil-option city homestead
exemption of up to 30 percent.
• Support legislation that would create a new council-option city sales
tax for property tax relief that may exceed the two-percent local cap.
City of Denton 2009 State Legislative Program December 9, 2008
Page 7
v
• Support legislation that would significantly increase the three-sale
requirement under current law for determining whether a
warehouse constitutes a place of business for sales tax sourcing.
• Support legislation that would apply hotel occupancy taxes to RV
parks, except for stays of longer than 30 days.
• Support legislation that would increase future local parks funding.
• Support legislation that would adopt the parks study called for by
H.B. 12 (2007), thus binding future legislatures to full local parks
funding.
• Support legislation that would require the General Land Office
(GLO) to do the following: (a) inform any affected city of the GLO's
intent to purchase or develop land within the city or its ETJ; (b) seek
permission from affected cities for any proposed project to develop
land owned by the GLO; and (c) adhere to the affected cities'
development regulations when developing land owned by the GLO.
• Support legislation that would simplify the effective tax rate
calculation for notice purposes only, provided the legislation would
have no effect on the underlying effective tax rate and rollback tax
rate calculations themselves, nor upon the hold harmless exemptions
to those rates.
• Support legislation that would modify the Super Freeport property
tax exemption statute to match the related constitutional
amendment.
• Support legislation that would remove the four-year sunset for
future street maintenance sales tax elections.
• Support legislation that would provide that hotel taxes are due on the
final cost of the hotel room to the guest.
• Support legislation that would permit, but not require, pooled
collateral for public deposits, provided the legislation contains the
following features: (1) a requirement that banks provide 102-
percent collateralization; (2) accurate reporting and tracking of
collateral amounts; and (3) a requirement that pledged securities be
City of Denton 2009 State Legislative Program December 9, 2008
Page 8
v
held by the comptroller or other third party designated by the
comptroller.
• Oppose legislation that would impose new property tax exemptions
that substantially erode the tax base.
• Oppose legislation that would impose a property tax freeze that can
be implemented by any mechanism other than council action.
• Oppose legislation that would remove the authority of a city to
collect its own property taxes.
• Oppose legislation that would automatically defer property taxes for
seniors.
• Oppose legislation that would expand to other groups the availability
of property tax deferrals.
• Oppose legislation that would permit another entity to impose a
property tax on city-owned property.
• Oppose legislation that would extend the "Prop 2" pollution control
property tax exemption to processes, facilities, or end products.
• Oppose legislation that would enact any sales tax exemption that
would substantially erode the sales tax base.
• Oppose legislation that would lengthen or broaden the scope of the
current sales tax holiday.
• Oppose legislation that would allow other local governments or
districts not under the control of the city to reduce existing city sales
taxes through the enactment of new sales taxes.
• Oppose legislation that would limit the use of city economic
development incentives based on ancillary social or economic goals.
• Oppose legislation that would expand election requirements for
issuance of any city debt.
• Oppose legislation that would require a city to give special
preference to local depository banks or to public funds investments
that would benefit the local economy.
City of Denton 2009 State Legislative Program December 9, 2008
Page 9
v
• Oppose legislation that would cut state appropriations for future
local parks grant funding.
• Oppose legislation that would create earmarks of local parks grant
funds.
• Oppose legislation that would require mailed notice of tax rates.
• Oppose legislation that would prevent a city from applying hotel
occupancy taxes on the final cost of the hotel room to the guest, or
prohibit a city from suing any entity necessary to collect such hotel
occupancy taxes.
• Oppose legislation that would require municipalities to participate in
a pooled collateral program for municipal funds.
Land Use and Resources
• Support legislation that would amend Chapter 245 of the Texas
Local Government Code to clarify vested rights language in the
following manner:
a. Narrow the definitions of "permit" and "project" in
245.001.
b. Delete the terms "plan for development" in sections
245.002(a)(2) and 245.002(a-1), and "property
classification" from 245.004(2).
c. Provide that any plan for development that initiated a
project following the 2005 amendments, but prior to the
2009 amendments, can be terminated if a consistent permit
application has not been filed (and approved} within 2 years
of the effective date of the 2009 amendments.
d. Provide that section 43.002 is the exclusive vehicle for
vesting property rights in advance of annexation.
• Support legislation that would address the failure of utility
companies to relocate their facilities in a timely manner as required
by current law.
• Oppose legislation that would erode city annexation authority.
City of Denton 2009 State Legislative Program December 9, 2008
Page 10
v
• Oppose legislation that would erode city authority in the
extraterritorial jurisdiction over special districts.
• Support legislation that would provide municipalities the authority
to regulate and enforce zoning, building codes, and property
maintenance codes within extraterritorial jurisdictions (ETJ).
• Oppose legislation that would allow voters in the ETJ to vote on
whether any proposed ordinance or ordinance amendment shall
apply in the ETJ.
• Oppose legislation that would reduce a municipal authority and
discretion to approve the creation of a special district within a city's
incorporated area or ETJ, including the expansion of a district's
boundaries or powers.
• Oppose legislation that will reduce or eliminate development fees,
exactions or building permits.
• Oppose legislation that will restrict cities' ability to adopt or amend
zoning regulations, or vest or otherwise create a property right in a
zoning classification.
Vt111t1eS
• Oppose legislation that would extend the electric subsidy to state
four-year state university, upper-level institution, Texas State
Technical College or college, by municipal owned utilities.
• Oppose legislation that exempts any further exemptions to the
drainage fee.
• Oppose any legislation that would limit or prohibit a city's ability to
make and sell compost/mulch products, inside and outside of the city
limits.
• Oppose legislation that subjects Texas cities to greenhouse gas or
carbon taxes where those cities utilize landfill generated methane to
provide electrical power to its citizens.
• Support legislation that will preserve Congestion Revenue Rights
(PCRRs) assigned to municipal utilities in exchange for supporting
the nodal market construct.
City of Denton 2009 State Legislative Program December 9, 2008
Page 11
v
• Oppose any legislation that will increase ERGOT Fees
• Support legislation that will require a utility rate study that
compares the statewide utility rate, including electric, water, and
natural gas, to other Sunbelt states to ensure Texas maintains our
status as a premier location for future or expanding business
ventures.
• Support legislation that allows municipal utilities to participate in
Competitive Renewable Energy Zone (CREZ) transmission
construction effort without fear of losing or jeopardizing their tax-
free status.
• Support legislation that requires market participants and Retail
Electric Providers (REPS) to be properly capitalized before they are
allowed to participate in the ERGOT market.
• Support legislation that requires more stringent credit requirements
for the startup of Retail Electric Providers (REPS}.
• Support legislation that preserves the Self Regulation of Municipal
Electric Utilities.
• Support legislation that protects the ability of governmental entities
to maintain confidentiality of certain critical documents and
activities.
• Oppose legislation that requires municipal electric utilities to pay
uplifted charges for those ERGOT REPS that declare bankruptcy or
for any other ERGOT short pay charges.
• Support legislation that adds wind resources to the transmission grid
in a staged manner that will ensure the most cost-effective build-out
of transmission facilities, maintain grid reliability and avoid the
potential for future stranded investment of transmission facilities.
• Support legislation that takes a cautious and measured approach to
any potential carbon or green house gas regulation such that the
state of Texas does not inadvertently implement standards more
rigorous than federal requirements.
City of Denton 2009 State Legislative Program December 9, 2008
Page 12
v
• Support legislation that phases in the concept of time-of- use pricing
in conjunction with advanced metering technology where
appropriate.
• Support legislation that clarifies that the 20% discount on electric
service to universities ended September 1, 2007 based on the express
terms of Section 63 of Senate Bill 7 (76th Legislature, 1999).
Transportation
• Support legislation that would mandate the Texas Department of
Transportation and the Texas Transportation Commission to allow
that locally collected toll revenues to remain in the region where they
were collected, and be administered by the region using policies
established in the region.
• Support legislation that authorizes Transportation Management
Areas within Texas to form Transportation Districts for the purpose
of calling elections for voters to determine if they want to increase
fees and taxes to fund a regional rail system and surface projects that
will reduce regional congestion.
• Support legislation that allows for greater flexibility by cities to fund
local transportation projects; amend or otherwise modify the Tax
Code to help cities fund transportation projects; and provide
municipalities additional funding options and resources to address
transportation needs that the state and federal governments are
unable to address.
• Support legislation that would fund options for the highway
infrastructure in Texas such as incremental transit sales tax less than
1/2 cent, cone-percent gasoline sales tax, a 1.75-percent motor vehicle
sales tax, additional vehicle registration fees, a local option gas tax, a
vehicle motor tax, a new resident impact fee, or a transportation
property tax.
• Support legislation that would exempt cities and counties from the
state requirement to pay TxDOT's project administrative costs when
cities and counties are providing the funding for state highway
projects included in TxDOT's Unified Transportation Program.
• Support legislation that would expand the provisions of TxDOT's
Pass Through Toll Program that allow a county to design and
construct a highway improvement on the state's highway system to
City of Denton 2009 State Legislative Program December 9, 2008
Page 13
v
apply to both cities and counties when the city or county is providing
the funding for any project included in TxDOT's Unified
Transportation Program, provided that the reimbursement
provisions of the Pass Through Toll Program would not apply to this
expansion of the program.
• Support legislation that would exempt from the two-percent cap on
local sales tax any local sales tax committed to transportation
projects, provided such tax permits each affected city to approve the
enactment of the tax within its jurisdiction.
• Support legislation that would constitutionally protect all revenues in
Fund 6 and discontinue the diversion of transportation revenues to
non-transportation purposes, and appropriate all revenues from
highway user fees and taxes to fund transportation.
• Support legislation that would index the motor fuels tax to reduce
the decline in purchase power of transportation funding.
• Oppose legislation that would create a Regional Mobility Authority
in the four county area of North Central Texas including Dallas,
Denton, Collin and Tarrant Counties for the purpose of
administering funds received through revenue sharing agreements.
Public Safety
• Oppose legislation that further restricts a city's ability to implement
a photographic red light enforcement system to use cameras at
traffic lights and impose a civil penalty for running the light.
• Support legislation that expands the grandfathering clause of newly
classified civil service positions to municipalities that do not meet the
population requirement outlined in current legislation.
• Support legislation that permits local regulations to prohibit the
ownership, possession, harboring, maintenance, transportation, or
sales of specific breeds of dogs within a local municipality and/or
support the repeal of legislation which prohibits breed-specific
regulations by home rule municipalities and local municipalities.
• Support legislation that would require 100 percent reimbursement of
costs incurred by cities for services provided during emergency
evacuation and shelter operations resulting from an emergency
City of Denton 2009 State Legislative Program December 9, 2008
Page 14
v
evacuation ordered by the governor or the governor's Division of
Emergency Management.
• Support legislation that would amend Article 102.01111(x)(1) of the
Texas Code of Criminal Procedure to provide that a defendant
convicted of a felony or a misdemeanor shall pay a fee of $15.00
rather than the current fee of $5.00 for the services of a peace officer
in issuing a written notice to appear in court following violation of a
traffic law, municipal ordinance, or penal law of the state, or making
an arrest without a warrant.
• Support legislation that would provide consistency and uniformity in
the compliance deadlines and fees for compliance dismissals of class
'C' misdemeanors.
• Support legislation that would amend Article 27.14(b) of the Code of
Criminal Procedure by eliminating the need to send a certified letter
if a plea is received through the mail with no payment and to use
regular mail in its place.
• Support legislation that would amend Article 43.05(b) and 45.045(x)
of the Code of Criminal Procedure to allow a defendant arrested on
capias pro fine to be brought immediately or the next day before the
court or a magistrate at the jail.
• Support legislation that would make the impoundment of a vehicle
optional upon a defendant's conviction of a second "no vehicle
liability" charge and that impoundment may be ordered by justice
courts of the sheriff and by municipal courts of the chief law
enforcement officer of the municipality.
• Support legislation that would allow judges to suspend adult driver's
licenses for failure to appear or for non-compliance with judicial
orders on class 'c' misdemeanor cases filed in municipal and justice
of the peace courts.
• Support legislation that would amend Article 103.0031(1) of the Code
of Criminal Procedure to allow courts with a contract with a
collections vendor to refer cases that were filed prior to June 1$,
2003, and to add the prescribed collection fee in order to increase
compliance with judicial orders and enhance safe communities.
City of Denton 2009 State Legislative Program December 9, 2008
Page 15
v
General Government
~ Support legislation that would exempt cities from any federal
collective bargaining legislation that may become law in the future.
~ Support legislation that would enact the Community Building Code
Administration Grant Act of 2007 or similar legislation if filed in
Congress in 2009.
~ Support legislation amending Section 11.1$25 of the Tax Code by
adding that community housing development organizations
(CHDOs) must receive an exemption from taxation from any
affected municipality prior to receiving a tax exempt status from the
local property appraisal district.
~ Support legislation that directly benefits UNT and/or TWU, if such
proposals do not adversely affect the city's interest.
~ Support legislation that directly benefits Denton ISD, if such
proposals do not adversely affect the city's interest.
City of Denton 2009 State Legislative Program December 9, 2008
Page 16
v
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AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Tomas Rivera Elementary School for the purpose of assisting with
school supplies; providing for the expenditure of funds therefore; and providing for an effective
date.
BACKGROUND:
This agreement allows for the total expenditure of $500 (Mayor Pro Tem Pete Kamp, $100; Council
Member Charlye Heggins, $100;Council Member Rudy Moreno, $100; Council Member Chris Watts,
$100 and Council Member Joe Mulroy, $100) from Council Contingency Funds. Key provisions of
the agreement include:
■ Funds shall be used by the school to assist with school supplies.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from respective Council contingency fund accounts.
Respectfully submitted: rc~..A .
r~#~
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
s:lour documentslnrdinancesl~$lserv agr-tomes rivera.doc
AN ORDINANCE OF THE CITY OF DENTON AUTHOR A~ AREE~~T BET SEEN
THE CITE QF DENTON, TEAS AND THE TOA RIVERA ELEN~[ENTARY SCHOOL F
THE PURPOSE OF AISTIN WITH SI~OQL SUPPLIES; PR.OVI~ING FOR THE EXPENDITURE OF FUNDS; A~TD PROVIDING FOR EFFETIE DATE.
AREAS, the City ounci~ of the pity of Denton hereby finds that the Pro axn and the
i ~ green~ent between the tty and Tomas R~~rera E~e~nentary School attached hereto and made a art P
hereof by reference the "Agreement"} serve a ~.unicipa~ and pubic ose and xs in, the ub~i p e
interest; THEREFORE,
THE ~OLINIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set Earth 1n the preamble ofth~ Ordinance are lnco Drat rp ed by
reference into the body of` this Ord~.ance as if fully set forth herein.
SEOTIOI~ Z, The pity IVlanager, or his designee, is hereby authorized to execute the
Agreement and to cant' out the duties and responsibilities of the ~i under the Public Service
Agreement,lncluding the e~pendlture of funds as ~rov~ded 1n the Public A eerrient,
SEOTION This Ordinance shall become effective immediate) u on its assa a and
y ~ ~ g approval.
PASSED AND APPROVED this the day of 2ooS.
~VIARI~ A. BURROUHS, MAJOR
ATTEST.
JENII~IIFER SALTERS, CITY SERETAR~
F~Y:
APPROVED AS TO LECrAL FORS;
ANITA BURIES S, CITY A.TTOR~TEY
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This Agreement is hereby entered into by and between the pity ofI]enton, Texas, a Home Rule
Municipal corporation,hereinafter referred to as t'i,', and the Tomas Rivera Elementary School,
Texas Non-Profit arporation, herinaer referred to as'School";
AREAS, pity has determined that the proposal far services merits assistance and can
provide needed services to citizens of pity and has provided funds in its budget for the purpose of
paying for contractual services; and
AREAS, this Agreement serves valid municipal aad public purpose and is in the public
interest;
N~, TI~REF~RE, the parties hereto mutually agree as follows:
I, S~PE OF SERIF
School shall in a sa~sfactvey and proper manner perform the fallo.~vin tasks, for which the
monies provided by pity may ~e used;
The funds being provided shall be used by the school to assist with school supplies.
II, ~BLIATI~NS S~H~~L
In consideration ofthe receipt offends tom pity,School agrees to the following terms and
conditions:
A. Five Hundred Dollars and no11 ~~~O,~o~ shall be paid to School by City to be
utilized. for the purposes set forth in Article
B. School v~ill maintain adequate records to establish that the City funds are used for the
purposes authorized by this Agreement.
Scheel ill permit authorized officials of pity to review its beaks at anytime.
D. Upon request, School v~ill provide to pity its By Laws and any of its rules and
regulations that may be relevant to this Agreement.
E, School v~ill not enter into any contracts that would encumber pity funds for a period
that v~ould extend beyond the term of this Agreement.
Lm
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F. Schaal will appoint representative who will be available to meet with City officials
when requested,
school will su~brnit to City copies ofyear-end audited financial statements..
III. TTN~E ~F PF1I"~R11~A~CE
The services funded by City shall be undertaken and completed by Schaal within the
following time frame:
The term of this Agreement shall commence on the effective date and terminate on
epte~nber Z~~9, unless the contract is sooner terminated under section Ii "'suspension ar
Ter~ninatian'f.
Iv. PANT
A. PAI~N~I~TS T~ C~Q~L. City shad pay to chaol the sum specified in Article II after
the effective date of this Agreement.
B. ExC~s s PA~~~vT. Schaal shall refund to City within tern ~ l working days of City"s
request, any sum of money which has been paid by City and which City at any tune thereafter
determines:
l ~ has resulted in a~rerpyment to chaol; or
has not been spent strictly in accordance with the terms afthis Agreement; or
3} is not supported by adequate documentation to fly jus~fy the expenditure.
V. EALUAT~~N
school agrees to participate in an implementation and maintenance system whereby the
services can be continuously monitored. shoal agrees to make available its financial recdrds far
resew by City at City"s discretion. In additlan, School agrees to provide City the following data and
reports, or Coples thereof: .
A. All externa% or internal audits. school shad submit a copy ofthe annual independent
audit to City within ten ~ 1 a} days of receipt.
B. All external ar internal evaluation reports.
C. An explanation of any mayor changes ~ program services.
D. To comply with this section, school agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the stags of funds received and the _ services
Page ~
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{ S:IOEi~' ~~C€l1~].~S~COt1C~5~~$~S~IV 8~'-tDI!'~.S 1`1V~I~.~~C
performed under this Agreement. School's retard system shall contain sufficient documentation to
provide in detail fu11 support and justification far each expenditure. Schaal agrees to retain all
books, retards, dacuents, reports, and written a~ccaunting procedures pertaining to the services
provided and expenditure of funds under this Agreement far five yearns.
E. Nothing in the above subsections shall be construed to relieve School of responsibility
far retaining accurate and current records that clearly reflect the level and benefit of services
provided under this Agreement.
VI. 1]1RECT~R' ~TII~S
wring the term of this Agreement, School shall deliver to City copies of all notices of
meetings of its Board of Directors, setting Earth the time and place thereof wherein this prom is a
part ofthe sub j ect matter of the meeting. such notice shall be delivered to pity in tell manner to
give adequate native, and shall include an agency and a brief description of the matters to be
distued. School understands and agrees that City's representatives sha11 beaffordedaccess toall
meetings of lts Board of Directors.
Minutes of all meetings of Schaal's governing body shall be available to City within ten ~ ~ a~
working days of approval.
v~. TE~NATIDN
The Cif may terminate this Agreement for cause if School violates any covenants,
agreements, or guarantees of this Agreement, the School's insolvency ar filing of banl~uptcy,
dissolution, or receivership, or the School's v~olatian of any law ar regulation to which It rs hound
under the terms of this Agreement. The City ir~.ay terminate this Agreement far other reasons not
specifically enumerated in this paragraph.
v~I. E~~AL DPPD~TUNITY ~ COMPLIANCE wITI.LAw
A. School shall comply with all applicable equal employment opportunity and
af~xmative action laws or regulations.
B. School mill furnish all infarrnatian and reports requested by City, and will permit
access to its books, records, and accounts far purposes ofinvestigation to ascertain compliance with
local, State and Federal rules and regulations.
C. ~n the event of chaol~s non-complz,ante with the nan~discrimination requirements,
the Agreement may be canceled, terminated, or suspended in whale or in part, and Schaal maybe
barred from further contracts with City.
I TES
School represents and warrants that;
Page 3
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1 s:1Qi,1~ doc~~tlle~tSlCO~~'dcts14815ety age'*tomas nvera.doC
DENI~T,~'IAT~~N
Ta the extent authorized by law, the Schaal agrees to indea~r~ify, hold harrr~less, and defend the
CITY, its a~"icers, agents, and en~playees fira and against any and all claims ar suits far injuries,
damage, lass, or liability of whatever bind or character, arising nut afar in connection with the
performance by the Schaal or those services cnnten~plated b~this Agreement, including all such claims
ar causes of action based upon cona~nan, constitutional ar statutory law, or based, in whole ar in part,
upon allegations of negligent or intentional acts of Schaal, its afhcers, employees, agents,
subcontractors, licensees and invitees.
III. ~NFLIT IlIITERES'T
A, School covenants that nether it nor any rnernber of its govertung body presently has
any interest, direct ar indirect, which would conflict in any ~nar~ner or degree with e perfnrrnance of
services required to be perfarn~ed under this Agreement. School fi~ther covenants that ~n the
performance afthis Agreement, no person having such interest shall be em to ed ar a ointed as a P Y PP
member of its governing body.
B. Schaal further covenants that no member of Its governing bady ar 1ts staff,
subcontractors ar en~playees shall possess any interest in ar use hislher position far a purpose that is
ar gives the appearance of being motivated by desire far private gain for hnnselflherelf~ or others;
particularly thane with which helshe has family, business, or other ties.
Na officer,member, ar employee of pity and no member of its governing bady who
exercises any f~nctian ar respansibili~.es in the review ar approval afthe undertal~ing or carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest ar the interest in any corporation, partnership, or association in which he has direct
ar indirect interest.
III. N~TIE
Any native or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received ar not, when
deposited in the Hnited States mail, postage prepaid, registered ar certified, return receipt requested,
ar via hand-delivery ar fasbnile, addressed. to School ar pity, as the case maybe, at the following
addresses:
IT~Y S HOWL
pity of Denton, Texas Robert on~alez, Principal
Attn: pity Manager Tamar Rivera Elementary School
~ 1 ~ E, Mcl~inney 7a 1 Newton
Denton, T~ 7~a1 Denton, T 7~aS-234
Fay Na, 94~.~49.~5~~ Fay No. 4a,~9.4927
Page 5
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dither party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt rcquested.
ors LLANE~~S
A. School shall not transfer, pledge or otherwise assign this Agreement or any interest
therein, ar any claim arising thereunder to any party or parties, bank, t~ru.st company or other financial
institution withau~ the prior written approval of pity.
B. Ifany provision ofthis Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall ren~aln in full force and effect and continue to canforrn to the original
intent ofboth parties hereto.
fin. no event shall any payment to School hereunder, ar any other act or failure ofity
to insist in any one or mare instances upon the terms and conditions ofthis Agreement constitute or
be construed in any way to be a waiver by pity of any breach of covenant or default which may then
or subsequently be committed by School. Neither shall such payment, act, or omission in any
manner impair or prejudice any right, power, privilege, or remedy available to pity to enforce its
rights hereunder, which rights, powers, pr~v~leges, or remedies axe always specifically preserved, No
representative ar agent of pity may waive the effect of this provision..
D, This Agreement, together wzth referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other connnitn~ent occurring during the term of this Agreement or subsequent
thereto, have any legal farce or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment ofthis Agreement.
This Agreement shall be interpreted in accordance with the laws ofthe State ofTexas
and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction
sitting in Denton bounty, Teas,
Ilv WITNESS w~R~~~`, the parties do hereby affi"ix their signatures and enter iota this
Agreement as of the ~ day of ,
~ ~J ~ l1 ~ 9
ATTEST.
JENNIFER AI.,TE~S, CITY SEETAR~
EY:
Faye ~
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AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and Denton Festival Foundation for Supplemental Funding for the Arts
and Jazz Committee for the 2009 Denton Arts and Jazz Festival; providing for the expenditure of
funds therefore; and providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $1,850 (Mayor Mark Burroughs, $250; Mayor
Pro Tem Pete Kamp, $500; Council Member Charlye Heggins, $200;Council Member Jack Thomson,
$500; Council Member Chris Watts, $100 and Council Member Joe Mulroy, $300} from Council
Contingency Funds. Key provisions of the agreement include:
■ Funds shall be used by the Denton Festival Foundation to provide financial assistance for
funding of entertainment during the Arts and Jazz Festival.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from respective Council contingency fund accounts.
Respectfully submitted: ~m,~
~~y
Y 6 F;. , ~
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
. s;lour docume~tslor~inances1081serv agr-arks ja~z.~~
ORDn~ANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORI~~ ,AN AGREEMENT BET~TEE N
THE C1T~Y OF DENTON, TEAS AND THE DENTON FESTIVAL FOUNDATION F
SUPPLEMENTAL FUNDINCx FOR THE ARTS AND JAS COMMYTTEE FOR THE ~
DENTON ARTS AND JA~~ FEST'AL; PROVIDING FOR THE EENDITURE OF FUND S
THEREFOR; AND PROVIDYNCr FOR AN EFFECTS DATE.
WHEREAS, the Denton Festival Foundation the "Organization" rovides for the annual
Denton Arts and Jazz Festival lnclu~ding the 2~0~~ Festival the "Program" ;and
~UHEREA, the City Council of the City of Denton hereby finds that the Pro a~n and the
agreement between the City and the Organization attached hereto and nude a art hereof b
ii reference the Agree~,ent } serve a m~uniclpal and public p ose includin the romotian
g p of tos and economic development and the Agreement 1s 1n the u~lic interest NOS
p ~ , Tr IEREFORE,
THE COUNCIL OF THE CITY OF DENTON H~EREB~ ORDAINS;
SECTION 1 ~ The findings set forth in the preamble of this Ordinance are into orated b
reference into the body of this Ordinance as if fully set Earth herein.
SECTION 2. The City Manager, or his designee, is hereb authorized to exeoute th
y e Agreement and to carry out the duties and responsibilities ofthe Ci under the een~ent includin
' ~ g the expenditure of funds as provided ~n the Agreement.
SECTION ~ . This Ordinance shall became effective Ynlmedratel ~ on its assn. a and Y A P ~
approval.
PASSED AND APPROVED this the da of ~ Boas.
~ ~URROUGH, MAJOR
ATTEST.
JE~TNIF`ER ~"L~ALTERS, CITY SECRETARY
Y.
APPROVED AS TO LEGAL FORM.
ANITA EUR.GES S, CITY ATTORNEY
~ i ~
1 j
&~~Qt[P dOCI~I~tI~<`~1trdGtB~~ETV 8~i' 81't$ ~ Jazz.doC
SERVICE AGREEMENT
BETWEEN THE CITY ~F DENTfJN, TEAS AND THE
DENTON FESTIVAL FOUNDATIQN
This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rine
Municipal Corporation, hereina~er referred ta, as "City", and the Denton Festival Foundation, a
Texas Non-Frotit Corporation, hereinafter referred to as `~oundatian";
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the ptxrpase of
paying far contractual services; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public
rnterest;
NOW, THEREFORE, the parties hereto mutually agree as follows:
sC~pE aF sERV~CEs
Foundation shall in a satisfactory and proper manner perform the fallowing tasks, for which
the monies provided by City may be used:
The funds being provided shall be used by the Foundation to provide frnaracial assistance for
funding of entertainment during the Arts and Jazz Festival.
II. t~BLIGATIGNS OF FOUNDATION
In consideration of the receipt of funds from City, Foundation agrees to the following terms and conditions:
A. One Thousand, Eight Hundred Fifty Dollars and not t44 ~~1,85U.40j shaft be paid to
Foundation by City to be utilized for the purposes set forth in Article L
B. Foundation will maintain adequate records to establish that the City funds are used for the
purposes authorized by this Agreement.
C. Foundation will permit authorized officials of City to review its books at any tune.
D. t]pon request, Foundation will provide to City its By Laws and any of its rules and
regulations that may be relevant to this Agreement.
E. Foundation will not enter into any contracts that would encumber City funds fnr a period
that would extend beyond the term of this Agreement,
scour documer~tsl~contr~cts107lserv a~rarts & jazz.doc
F. Foundation will appoint a representative who will be available to meet with City a~cials
when requested. .
G. Foundation will submit to City copies of yearend audited financial statements.
IlI. TIME OF PE~`ORMANCE
The services fund~l by City shall be undertaken and completed by Organization within the
following thne frame:
The term of this Agreement shalt commence on the effective date and terminate upon the
completion of the 2008 Festival, unless the contract is sooner terminated under Section VII
,Suspension or Termination".
N. PAYMENTS
A. PAYMENTS T~ FOUNDATIQN. City shall pay to Foundation the sum specked in Article II
after the effective date of this Agreement.
B. ExCESS PAYMEr~'. Foundation shall refuad to City within ten ~l D} working days of City's
request, any sun of money which has been paid by City and which City at ~y tune thereafter
de#ermines:
1) has resulted in overpayment to Foundation; or
2} has not been spent strictly in accordance with the terms of this Agreement; ar
3} is not supported by adequate documentation to fully justify the expenditure.
V. EVALUATION
Foundation agrees to participate in an implementation aid maintenance system whereby the
services can be continuously monitored. Foundation agrees to mare available its financial records
for review by City at City's discretion. In addition, Foundation agrees to provide City the following
data and reports, or copies thereof:
A. All external or internal audits. Foundation shall submit a copy of the aunnual independent
audit to City within ten ~ 10} days of receipt.
B. All external or in#ernal Evaluation reports.
C. An explanation of any major changes in program services.
D. To comply with this section, Foundation agrees to n~ahatain records that will provide
accurate, current, separate, and complete disclosure of the status of funds received and the services
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performed under this Agreement. Foundation's record system shall contain sufficient documentation
to provide in detail full support and justification for each expenditure. Foundation agrees to retain all
books, records, documents, reports, and written accounting procedures pe~.~taining to the services
provided and expenditure of funds under this Agreement for five years.
E. Nothing in the above subsections shall be construed to relieve Foundation ofrespans~ibility
for retaining accurate and current records that clearly reflect the level and benefit of services
provided tinder this Agreement.
Vl. DIRECTGRS' MEETINGS
During the term of this Agreement, Foundation shall deliver to City copies of all notices of
meetings of its Board of Directors, setting forth the time and place thereafwherein this pmg~m is a
part of the subj ect matter of the meeting. Such notice shall be delivered to Cifiy in a timely maser to
give adequate notice, and sha11 include an agenda and a brief description of the matters to be
discussed. Foundation understands and agrees that City's representatives shall be afforded access to
all meetings of its Board of Directors.
Minutes of all meetings of Foundation's governing body shall be available to City within ten
~ 1 working days of approval.
VII. TER~IATION
The City may terminate this Agreement for cause if Foundation violates any covenants,
agreements, or guarantees of this Agreement, the Foundation's insolvency or filing of bankruptcy,
dissolution, ar receivership, or the Foundation's violation of any law or regulation to which it is
bound under the terms of this Agreement. The City may terminate this Agreement far other reasons not specifically enumerated in this paragraph.
'VIII. EQUAL ~PPOR AND C~N1pLIANCE WITH LAWS
A. Foundation shall comply with all applicable equal employment opparlunity and
affirmative action laws or regulations.
B. Foundation will furnish all information and reports requested by City, and will perinit
access to its books, records, and accounts far purposes of investigation to ascertain compliance with
local, State and Federal rules and regulations.
C. In the event of Foundation's ran-compliance with the nanMdiscrlminatian requirements,
the Agreement may be canceled, terminated, or suspended in whale or in part, and Foundation may
be barred from further contracts with City.
I~. VVAAF.I~.~NTI ~S
Foundation represents and warrants that:
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A. All information, reports and data heretofore or hereafter requested by City and
fished to City, are complete and accurate a,s of the date shown on the informatjon, data, or report,
and, since that date, have not undergone any significant change without written notice to City.
E. Any supporting fuaancial statements heretofore requested by City and furnish to
City, are complete, accurate and fairly reflect the f~narlcial conditions of Foundation an the date
shown an said report, and the results of the operation for the period covered by the report, and that
since said data, there has been na material change, adverse ar otherwise, in the ~nanci.al condition of
Foundation.
C. Na litigation or legal proceedings are presently pending or threatened against
Foundation.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Foundation is doing business ar with the provisions of any existing indenture ar agreement of
Foundation.
E. Foundation has the power to enter into this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of Foundation are subject to any lien ar encumbrance of any
character, except far current taxes not delinquent, except as shown in the financial statements
furnished by Foundation to City.
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each rcquest for payment.
X. GANGES AMENDMENTS
A. Any alterations, additions, ar deletions to the terms of this Agreement shall be by
written amendment executed by bath parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B, It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such
modifications ate to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement an the effective daze specified by the law ar
regulation.
C. Foundation shall ratify City of any changes in personnel or governing board
composition.
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x~. n~EMN~~cAT~aN
To the extent authorized by law, the Foundation agrees to indemnify, hold hazxnless, and Mend
the CrTY, its o~ce~rs, agents, and ~nplayees from and against any and all claims or suits faruyuries,
damage, lass, or liability of whatever kind or character, arising out of or in conmectian with the
performance by the Foundation or those services contemplated by this Agreement, i~Iucting all such
clau~ns or causes of action based upon common, constitutional or stat~itory law, or based, in whole or in
part, upon allegations of negligent or intenional acts of Foundation, its officers, employees, agents,
subcontractors, licensees and invitees.
CQNFI~iCT DF INTEitEST
A. Foundation covenants that neither it nor any member of its governing body presently has
any interest, direct or indirect, which would conflict in any manner or degree with the p~fortnance of
services required tv be performed under this Agreement. Foundation further covenants that in the
performance ofthis Agreement, na person having such interest shall be employed or appointed a,s a
member of its governing body.
B. Foundation further covenants that no member. of its governing body or its staff,
subcontractors or employees shall possess any interest in or use hislher position for a purpose that is
or gives the appearance of being motivated by desire for private gain for himselflhhersehf, or others;
particularly those with which helshe has family, business, or other ties.
C. No o~cer, member, or employee of City and no member of its governing body who
exercises any function ar responsibilities in the review or approval of the undentalaing or carrying out
of this Agreement shall participate in any decision relating to the Agirroement which affects his
personal interest or the interest in any corporation, partnership, or association in which he has direct
ar indirect interest.
KIII. N~}TICE
Any notice or other written instrument required or permitted to be delivered ceder the teens of
this Agreement shall be deemed to have been delivered, whether actually received ar not, when
deposited in the United States mafl, postage prepaid, registered or certified, return receipt requested,
or via hand-delivery or facsimile, addressed to Foundation ar City, as the case may be, at the
following addresses:
CITY F~UNDATI~N
City of Denton, Texas Denton Festival Foundation
Attn: City Manager Carol Short
215 E, McKinney Festival Coordinator
Denton, TX 7G201 P.~. Box Z ~ 44
Fax No. ~40.34~.$59I Denton, Texas 7GZ02-2104
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Either party may change its mailing address by sending notice of change of address to the atb~r
at the above address by certified mail, return receipt requested.
XI~T. MISCELL~ANE~US
A. Foundation shall nat transfer, pledge or otherwise assign this Anent or any
interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other
f nancial institution without the prior written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the
remaining provisions shall remain in full force and effect and continue to conform to the original
intent of both parties hereto.
C, In no event shall any payment to Foundation hereunder, or any other act or failure of
City to insist in any one or more instances upon the terms and conditions of this Agreement consti-
tute or be construed in any way to be a waiver by City of any breach of covenant or default which
may then or subsequently be committed by Foundation. Neither shall such payment, act, or omission
in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce
its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved.
No representative or agent of City may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the porkies hereto, and any prior agreement, assertion, statement;
understanding, or other commitment occumng during the term of this Agreanen#, or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement sha11 be interpreted in accordance with the laws of the Stare of Texas and
venue of any litigation concerning this Agreement shall be in a court ofcompetent jurisdiction sittting
in Denton County, Texas.
IN WITNESS wHERE~F, the parties do hereby ai~ix their signatures and enter into this
Agreement as of the ~ day of , Z~08.
MARK A. BURRQUQHS, MAYOR
ATTEST:
JENNIFER wALTERS, CITY SECRETARY'
BY:
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APPROVED AS TO LEGAL FARM:
ANTTA BURGESS, CITY ATTQRNEY
BY: ~
F4U~lDAT~O~
BY:
CARL SHIRT
FESfiIVAL COORDINATOR
ATTEST:
BY:
sECRExARY
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AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Historical Park Foundation for the purpose of installing a steel
door in the Welcome Center in the Historical Park; providing for the expenditure of funds; and
providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $1,100 (Mayor Mark Burroughs, $157; Mayor
Pro Tem Pete Kamp, $156; Council Member Charlye Heggns, $157;Council Member Rudy Moreno,
$156; Council Member Jack Thomson, $157; Council Member Chris Watts, $157 and Council Member
Joe Mulroy, $160} from Council Contingency Funds. Key provisions of the agreement include:
■ Funds shall be used by the Historical Park Foundation to install a steel security door in
the Welcome Center in the Historical Park.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from respective Council contingency fund accounts.
Respectfully submitted: ~m,~
~~y Y
6
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
s:lour d~cumen~lordinanc~sl~S~erv agr-historical par~C foundation.doc
ORDNANCE NO.
AN ORDNANCE OF THE CITY OF DENTON AUTHORI~IlIICJ AN AR~EMENT BETWEEN
THE CFfY OF DENTON, TEAS AND THE H~TORI~AL PARK F~NDATION FOR THE
PURPOSE OF INTALLINC~ A STEEL SEC~TY DOOR 1N THE WELCOME CENTER
THE HISTORICAL PARK; PROIDIl~~ FOR THE EEND~TURE OF FUND; AND PROIDIN FOR AN EFFECTIVE DATE,
WHEREAS, the City ouncll of the City of Denton hereby finds that the Program and the
,Agreement between the pity and the Historical Parr Foundation attached hereto acid made a part
hereof by reference the "Agreement"} serve a municipal and public purpose and in the public
Interest; NO~V, THEREFORE,
THE COUNCIL, OF THE CITY OF DENTON HEREBY ORDAIN:
SECTION The findings set forth in the preamble ofthis Ordinance are incorporated by
reference into the body of this Ordinance as If fully set forth herein,
SECTION Z. The City 1Vlanager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and reponsibllitles of the pity under the Public Ser~rice
Agreement, including the expenditure of funds as prodded in the Public Agreement.
SECTION This Ordinance shall become effective inediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,ZOOS.
MARK A. BURROUHS, MAYOR
ATTEST; .
JENNIFER SALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA B~TROESS~ CITY ATTORNEY
4
s.la~r doc~nentslcantra~cts1~81~erv agr-~ist~rical park fa~ntFnn.doc
~i~~~~~ ~ ~
This Agreement is hereby entered into by and between the City of Denton, Teas, a Hon~.e yule
lVfun.~cipai Corporation, hereinafter referred to as ~'City", and the I~storical Park Foundation, Texas
Non-Profit Corporation, hereinaer referred to as "Foundation";
HE~EA, 1ty has determined that the proposal for services meats assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose of
paying for contractual services; and
AREA, this Agreement series a valid aunicipal and public purpose and is in the public interest;
N~, TI~IEREFORE, the parties hereto mutually agree as follav~:
I, CAPE ~F ERVICE
Foundation shall satisfactory and proper manner perform the folla~ving tasks, far which
the monies provided by City may be used:
The funds being provided shall be used by the Foundation to install a steel security door in
the elcon~e Center in the Historical Park,
II. ~~LI~AT~~N QF F~UNDATI~N
In consideration ofthe receipt of funds firarrr City, Foundation agrees to the following terms
and conditions:
A. one Thousand, one Hundred Dollars and no~I a~ 1, ~ ~4.a~} shall be paid to
Foundation by City to be utilized far the purposes set forth in Article I.
B. Foundation mill maintain adequate records to establish that the Ci funds are used far
the purposes authorized by this Agreement,
Foundation ill permit uthared officials of City to reviev~ its books at any tune.
D. span request, Foundation mill provide to City its By Laws and any of its rotes and
regulations that may be relevant tv this Agreement,
F~. Foundation will not enter into any contracts that outd encumber City funds for a
period that would extend beyond the term of this Agreement.
i
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F, Foundation mill appoint a representative mho ill be available to meet with i
officials v~hen requested,
, Foundation will submit to pity copies of year-end audited f ~nnci~ ~taten~ents.
III. TIME ~F PE~F~RA~~E
The services funded by pity shall be undertaken and completed ~y Foundation within the
following tine frame;
The term of this Agreement shall commence on the effective date and terminate u on the
. ~ ~nstalla~.on of a steel security char m the Welcome tenter, unless the contract is sooner terminated
under section VII "Suspension or Termination",
ITT, PA~ENT~
A. PAYII~ENTS ro FOLIN~A"1~N. pity shall pay to Foundation the sum specified in Article
II aver the effective date ofthis Agreement.
B. E~l;s PA~~~'. Foundation shall refund to i within ten 1 ~ workin da s of tY ~ ~ g Y
pity's request, any sum ofmoney which has been paid by pity and which pity at~any time thereafter
determa.ne• . .
l } has resulted in overpayment to Foundation; or
has not been spent strictl in accordance with the terms ofthis A een~ent• or
~ is not supported by adequate documentation to fuily~ustify the expenditure.
EVAL~A.T~~N
Foundation agrees to participate in an implementation and maintenance system Thereby the
services can be continuously monitored. Foundation agrees to male available its financial records
for review by pity at pity's discretion. In addition, Foundation agrees to provide pity the foliowin . g
data and reports, or copses thereof;
A. All external or internal. audits, Foundation shall submit a copy of the annual
independent audit to pity within ten ~ 1 a~ days of receipt,
B. All external or internal evaluation reports,
An explanation of any maj or changes in program services,
D. To comply wry this section, Foundation agrees to maintain records that mill provide
accurate, current separate, and complete disclosure of tl~e status of funds received and the services
Page
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A. All information, reports and data heretofore or hereafter requested b ~i and
. ~ tY fur~ushed to qty, are complete and accurate as ofthe date shown on the information, data or re art
p and, since that date, have not undergone any significant change without written notice to ~i .
Any supporting financial statements heretofore requested by pity and furnished to
pity, are complete, accurate and fairly reflect the financial conditions of Foundation an the date
shown on saki report, and the results of the operation far the period covered b there ort and that
Y P since said data, there has been no mateal change, adverse or otherwise, in the financial condition of
Foundation,
. No litigation or legal proceedings are presently pending or threatened against Foundation.
D, None of the prov~slons herein con~avenes or 1s m conflict with the author ty under which Founda~.on is doing business or with the provisions of any existing nadenture
or enaent of
Foundation.
Foundation has the power to enter into this Agreement and accept payments
hereunder, and has tai~en all necessary action to authorize such acceptance under the terms and
conditions of s Agreement.
F. None of the assets of Foundation are subs ect to any lien or encumbrance of any
character, except far current taxes not delinquent, except as shown in the financial statements
fi~rnl.shed by Foundation to pity,
Each ofthese representations and warranties shall be continuing and. shall. be deemed to have
been repeated. by the submission of each request far payment.
. ~I~ANE AND AENDNT
A, Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both paies, except when the terms of this Agre~inent expressl Y
provide that another method shall be used,
B. It is understood and agreed by the parries hereto that changes in the Mate, Federal or
local laws or regulations pursuant hereto nay occur during the term of this Agreement. An such
modifications are to be utoma~.cally incorporated into this Agreement withaut written amendment
hereto, and. shall become a part of the Agreement on the effective date s ecified b the law or . p
regulation,
Foundation shall notify pity of any changes in personnel or governing board
composition,
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. INDE~IFICATID~
To the extent authorised by law, the Foundation agrees to rode , hold harmless and defend.
the CITY, its ocers, agents and employees from and against an and alI claims ur suits for in'uries
. ~ J damage, Ions, or l~ab~llty of whatever kind or character, arisin out of or in connection with the
performance by the Foundation or those services contemplated by this A semen includin all such
~ g clams or causes ofactlon based upon common, constitutio~.al or tatuto law, or based inwhole or
part, upon allegations of negligent or mtent~onl acts of Foundation, its officers, em to ees eats
. p subcontractors, licensees anal ~nv~tees.
. C~NFFICT DF INT~1T
A. Foundation covenants that neither it nor any member of its overnin bod resentl
g Yp y has any interest, direct or indirect, which would conflict any manner or de ee with the
performance of services required to be performed under this Agreement. Foundation further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of its governing body.
B. Foundation further covenants that no amen~ber of its governing bod or its staff
y subcontractors or employees shall possess any interest in or use h~slher postt~on for a ose that is
i pm`P or gives the appearance of bung ~mot~vated by des~xe for private gain for h~mselflherself, or others
particularly those with which helshe has family, business, or other tips.
C. No of facer, me~.ber, or emmpooyee of City and no member of its governin bod who • . g Y
exercises any function or respons~b~l~t~es m the review or approval ofthe undertaking or c ' out . , , ~g
of this Agreement shall part~c~pate m any decision relating to the A een~ent which affects his . ~
personal interest or the interest ~n any corporation, partnerslupa or association in which he has direct
or indirect interest.
. ~~]TfCE
Any noflce ar other written instrument required ar permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actuall received ar not when . Y
deposited m the C~n~ted Mates mall, postage prepaid, registered or certiflied, return recei tie nested . P ~
or via hand-delivery or facs~nule, addressed to Foundation or City, a the case ma be, at the . y
following addresses:
CrTY F~UNDATf~N
City of Denton, Teas Georgia Caraway, President
Attn: City Manager ~ ~ west ~lckory tCeet
~ 15 c~inlaey Denton, T~ 7~D I
Denton, TX 720 l 40.~4.~5~0
Fax No. 4~.3~9.8591 Fax No. 94~.34~.25 I
Page 5
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Either party may change its malting address by sending notice of than a of address to the
other at the above address by cert~f~ed n~a~l, return receipt requested
N~~LLAN~DU~
A. Foundation shad not transfer, pledge or otherwise assign this eement or an
interest therein, or any clams, ar~s~ng thereunder to any party or parties, bank, trust corn an or other
. p y financial ~nstitu~on w1thout the prior written approval of City,
ifany prov'~sian ofthis ,Agreement is held to be invalid, illegal, or unenforceable the
remaining provisions shall remain in full force and effect and continue to conform to the on final
g intent ofbath parties hereto,
no event shall any payment to Foundation hereunder, or any other act or failure of .
pity to insist in any one or mare instances upon. the tennis and conditions ofthis A eement cansti-
tote ar be construed in any way to be a waiver by pity of any breach of covenant or default which
inay then or subsequently be committed by Foundation. Neither shall such pa ent, act, or omission
. ~ ~ ~ i ; many manner ~mpa~r or prey ud~ce any right, power, privilege, or remedy available to pity to enforce
its rights hereunder, which rights, powers, privileges, or remedies are alv~a s s ecif~call reserved.
y p Yp No representative or agent of pity inay wive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
enure agreement between the parties hereto, and and prior agreement, asserkion, statement
understanding, or other commitment occurring during the term of this ~ eement or subse cent
thereto, have any legal force or effect whatsoever, unless properly executed in writin and if g~
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws ofthe State ofTexas
and venue ofany litigation concerning this Agreement shall be in a court ofcom etent 'urisdiction p J
sung in Denton bounty, Texas.
Il~ FITNESS wHER~F, the parties da hereby affix theix signatures and enter into this
Agreement as of the day of _ ~ , , .
ATI~ A. BU~UFI, MAYOR
ATTEST:
.TENDER wAI1TER, ~iTY ~E~ETARY
EY4
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APpR~~ ~ T~ ~A~ FOR:
~I'A ~UR~ TTY A'~'T~RN~~
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~ ~f
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~~r~~:
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AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Denton Police Officers Association for the purpose contributing to
their non-profit charitable organization called "Shop with a Cop" which helps needy children
shop for things they need and want for Christmas; providing for the expenditure of funds; and
providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $700 (Mayor Mark Burroughs, $100; Mayor Pro
Tem Pete Kamp, $100; Council Member Charlye Heggins, $200; Council Member Rudy Moreno, $100;
Council Member Jack Thomson, $100; and Council Member Chris Watts, $100) from Council
Contingency Funds. Key provisions of the agreement include:
■ Funds shall be used by the Denton Police Officers Association for their "Shop with a
Cop" program to accompany needy children and help them shop for gifts that they need
or want for Christmas.
■ In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Funding for the contract will come from respective Council contingency fund accounts.
Respectfully submitted: m,.__~r .
.r ~n
~.-..m- ~
George C. Campbell
City Manager
Prepared by: Linda Holley
Executive Assistant
s:lour docume~t~lar~inances1481seFV agr-d~oa ~rd.doc
~RDINANE N~~
N ORDINANCE ~F THE CITY DF DENTON A~JTH~RI~~1Cx AN AREE~ENT BETWEEN
THE Of~'Y OF I~ENT~N, TEA AND THE DENTIN P~~~OE OFF~OER ASSOCIATION
FAR THE P~CJkP~SE ONTRIB~JTIN~ T~ THEIR NON-PROFIT ~HARITABf,E
~RANI~TIN BALLED "SHOP KITH A COP" ~IICH I~LPS NEEDY ~HnDREN SHIP
FAR THIS THEY NEED AND CANT FAR CHRISTMAS; PR~VIDINC FAR THE
E~'ENDITURE OF FUND; ,AND PRO~IDYN~ FAR AN EFFECTIVE DATE.
~VHEREA.S, the City Council of the City of Denton hereby finds that the Program and the
Agreement between the pity a~ad the Denton Police off cers Association ~DP~A} ~vho are
sponsoring a special program called "Shop kith A Cap" attached hereto and made a part hereafby
reference the "Agreement"} serve a municipal and public purpose and is in the public interest;
NOS, THEREFORE,
THE C~NCIL OF THE CITY OF DENTIN HEREBY ORDAIN:
SECTION The findings set forth in the preamble ofthis ordinance are incorporated by
reference into the body of this Ordinance if fully set forth herein.
SECTION 2. The City ~Vlanager, or hrs designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the Cfty under the Public Service
Agreement, including the expenditure of funds as provided in the Public A~reen~ent.
SECT7~N This Ordinance mall became effective immediately upon its passage and
approval.
PASSED AND APPRO~VEI~ this the day of , 208.
A, BLTRROUH, l1~AYOR
ATTEST:
JENNIFER ~U.AETERS, CITY SEORETARY
LF 1 4
APPROVED AS TO LEGAL F~R1VI:
ANITA BURGESS, CITY ATTORNEY
B~',
Lm
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s:laur dvc~tslcant~c1s1081shop with a cop ag.doc
SERVICE AGREEMENT
BETWEEN THE CITY OF DENTON, TExAS AND THE
DENTQN FULICE aFF'ICERS ASSOCIATII~N
This Agreement is hereby entered into by and between the City of Denton, Texas, a Haine Ruse
Municipal Corporation, hereinafter referred to as "City", and the Denton Police O~cers Association
~DPQA}, a Texas non~proftt organization, who are sponsoring a special pragradm cabled "Shop kith
A Cop" which is anon-profit charitable organization, hereina~er referred to as " lion";
WHEREAS, City has determined that the proposal for services merits assistance and can
provide needed services to citizens of City and has provided funds in its budget for the purpose of
paying for contractual services; and
S, this Agreement serves a valid municipal and public purpose and is in the public ~
interest
NOW, THEREFORE, the parties hereto mutually agree as follows:
I. SCOPE OF SERVICES
Organizatxan shall in a satisfactory and proper manner perfarrn the following tasks, for which
the monies provided by City may be used:
The funds being provided sha11 be used by the organization to accomp~y needy children and
help them shop for gigs that they need and want far Christmas.
E. OBLIGATIONS OF oRGANT~ATION
In consideration of doe receipt of funds from City, Organization agroes tQ the following terms
and conditions:
A. Seven Hundred Dollars and naf 144 ~$744} shall be paid to Org~anizatian by City to be
utilized for the purposes set forth in Article I.
B. Organization will maintain adequate records to establish that the City funds are used
for the purposes authorized by this Agreement.
C. Organization will permit authorized officials of City to review its books at anythne.
n. Upon r~uest, Organization will provide to City its By Laws and any of its rules and
regulations that may be relevant to this Agreement.
E. Organization will not enter into any contracts that would encumber City funds for a
period that would extend beyond the term of this Agreement.
F. ~ Organization wail appoint a representative who will be available to meet with City
officials when requested.
s:~aur ~acurr~tslcpntractsl~Slshop with a cop agr.doc
i I
TIlt~E OF PERFORMANCE
'The services funded by City shall be undertaken and completed by Organization within the
following time frame:
The term. of this Agreement shall commence on the effective date and terminate upon the
completion of the "Shop with A Cop" program, unless the contract is sooner terminated under
Section Vu'Suspension ar Ter~ninatian".
PAXNiENTS
A. PAYMENTS TO ORGANYZATTON. City shall pay to Organiza~ian the sum specified in
Article II after the effective date of this Agreement.
B. EXCESS PAYMENT. Organization shall refund to Citywithin ten ~l D} wotiang days of
City's request, any sum of money which has been paid by City and which City at any time thereafter
determines:
1 } has resulted in overpayment to Organization; or
2) has not been spent strictly i,n accordance with the terms of this Agreerneat; or
3) is not supported by adequate documentation to fully justify the expenditure.
V. E~AIaUATION
Organization agrees to participate in an implementation arxl ce system whereby the
services can be continuously monitored. Organ~ation agrees to make available its financial records
far review by City at City's discrefion.
In addi#ion, Organization agrees to provide City the following data and reports, or copies
thereof:
A. tion~s record system shall contain sufficient documentation to provide in
detail full support and justification for each expenditure. Organization agrees to retain all books,
records, documents, reports, and written accounting procedures pertaining to the services provided
and expenditure of funds under this Agreement for frve years.
B. Nothing in the above subsections shall be construed to relieve Organization of
responsibility far retaining accurate and current records that clearly reflect the level and benefit of
services provided under this Agreement.
vI. TERMIlVATION
The City may terminate this Agreement for cause if Organization violates any covenauats,
agreements, or guarantees of thi s Agreement, the Organization's insolvency or filing of bankruptcy,
dissolution, or receivership, ar the Organization's violation of any law or regulation to which it i.s
Page 2
s:bur docum~tslcantr~ts1081shap with a cop agr.d~c
bound under the terms afthis Agreement. The City may terminate this Agreement for other reasons E
not specifiically enumerated in this paragraph. ~ ~
VII. EQ~~JAL OPPORTC3NI''Y AND ~OMFLIANCE wITH LAwS
A, Organization shall comply with all applicable equal employment opportunity and
a#~nmative action laws or regulations.
B. Organization will famish all information and reports requested by City, and will
permit access to its books, records, and accounts far purpas~ of investigation to ascertain
compliance with local, State and Federal rules and regulations.
C. In the even# of Organizatianf s non-conapiiance with the non-discnminatian
requirements, the Agreement maybe canceled, terminated, ar suspended in whole or in past, and
Organization may be bared from further contracts with City.
VIII. ~ IES
Organization represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by City and
furnished to City, are complete and accurate as of the date shown on the information, data, or repork, and, since that date, have not undergone any significant change without
written notice to City.
B. Any supporting ~cial statements heretofore requested by City and furnished to
City, are complete, accurate and fairly reflect the financial conditions of Orgauzation on the date
shown on said report, and the results of the operation for the period covered by the report, and that
since said data, there has been no material change, adverse ar otherwise, in the financial condition of
Organization.
C. No litigation or legal proceedings are presently pending or threatened against .
Organization.
D. None of the provisions herein contravenes or is in conflict with the authority under
which Organization is doing business ar with the provisions of any existing indenture or agreement
of Organization.
E. Organization has the power to enter into this Agreement ~d accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement.
F. None of the assets of Organization are subject to any lien or encumbrance of any
character, except for current taxes not delinquent, except as shown in the financial statements
furnished by Organization to City.
Each of these representationsand warranties shall be continuing and shall be deemed to have
been repeated by the submission of each request for payment.
Page 3
s:bur documerytslcan~~;c~1~81shop wit~t a cap agr.doc
I~. CI~ANCrES AND AMENDMENTS ~
A.. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
It is understood and agreed by the parties hereto that changes in the State, Federal or
local laws or regulations pursuant hereto may occur during the term of this Agreement, Any such
modifications are to be automatically incorporated into this Agreement without written amendment
hereto, and shall become a part of the Agreement on the effective date specified by the law or
regulation.
C. Orgranizatian shall notify City of any changes in personnel ar governing board
composition.
X. ]NDEMNIFICATION
To the extent authorized bylaw, the Organi.zatian agrees to indemnify, hold harmless, and
defend the CITY, its officers, agents, and employees from and against any and all claims or suits far
injuries, damage, loss, or liability of whatever kind ar character, arising out of ar in connection with the
performance by the ' on ar those services contemplated by this Agreement, including all such
claims ar causes of action based upon common, constitutional yr sta#~tary law, or based, in whole or in
past, upon allegations of negligent or intentianal~acts of organization, its a~icers, employees, agents,
subcontractors, licensees and invitees.
XI. CONFf,ICT OF INTET~EST
A. Organization covenants that neitherit nor anymernber ofits governingbodypresently
has any interest, direct ar indirect, ,which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement. Organization further
covenants that in the performance of this Agreement, no person having such interest shall be
employed ar appointed as a member of its governing body.
B. Organization further covenants that na member of its governing body or its staff,
subcontractors ar employees shall possess any interest in or use hisiher position for a purpose that is
or gives the appearance of being motivated by desire for private gain for himselflherself, or others;
particularly Chase with which heJshe has family, business, or other ties.
C. No officer, rrienlber, or employee of City and no member of its governing body who
exercises any function ar responsibilities in the review or approval of the undertaking ar carrying out
of this Agreement shall participate in any decision relating to the Agreement which affects his
personal interest or the interest in any corporation, partnership, ar association an which he has direct
or indirect interest.
Fage 4
s:bur dacumentalca~tr~cts1~81sha~ with a cx~ agrcioc
x~. NoTrCE
Any notice or other written instrument required or per~rnitted to be delivered under the t~nms
of this Agreement shad be deemed to have been delivered, whether actually received ar not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
or via hand-delivery or faresimile, addressed to Organization or City, as the case may be, at the
following addresses:
CITY ORGANIZATION
City of Denton, Texas Troy Nivens
Attn: City Manager President, DPoA
2l5 E. McKinney P.O. l3ox 51143
Denton, 'T~ 7G201 ~ Denton, TX 7206 .
Pax No. 940.349.8591 940.349.?993
Either party may change its mailing address by sending native of change of address to the
other at the above address by certified mail, return receipt requested.
M~scEr~,ANEOUs
A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust
company or other
financial institution without the prior written approval of City.
B. If anyprovision ofthis Agreement is held to be invalid, illegal, or unenforceable, the
g provisions shall remain in full farce and effect and continue to conform to the original
intent of bath parties hereto.
C, In no event sha11 any payment to organization hereunder, or any other act or failure of
City to insist is any one or more instances upon the terms and conditions of this Agreemaat consti-
tute ar be construed in any way to be a waiver by City of any breach of cov~ant or default which
may then ar subsequently ~ committed by Organization. Neither shall such payment, act, or
onussian in any manner unpair or prejudice any right, power, privilege, or remedy available to City
to enforce its rights hereunder, which rights, powers, privileges, orremedies are always specifiically
preserved. No representative or agent of City may waive the effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment oGcurrfng during the term of this Ag~ecment or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State ofTexas and venue of any litigation concerning this Agreement shall be in a court of competent
jurisdiction
sitting ua Denton County, Texas.
Page 5
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S;~Otll" (~4Gtltlfp'i~S~1'Itr~Ct814$~S~IQ~ w~h a 00~} ~gl',~OG
ITT WITNESS '~I~REOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of , ~4~8.
i
MARK A. ELTRRQUGHS, MAYaR
ATTEST:
JENNIFER ~VALTERS, CITY SECRETARY
BY:
APPRaVED AS Ta LEGAL FARM:
ANITA BURGESS, CITY ATTaRNEY
BY:
I~ENTarr PaLICE aFF~cERs AssaCrAT~a~r
BY:
. TRaY S, PRESENT
ATTEST:
~ ~
B
SE TARY
Page 6
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Consider approval of an ordinance of the City of Denton, Texas approving an Interlocal
Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the
construction of improvements at the intersection of FM 2181 and Old Alton Road; and providing
an effective date.
BACKGROUND
The City of Denton, Denton County and the Texas Department of Transportation (TxDOT) have
been working together to improve the intersection of Old Alton Road and F.M. 2181 (Teasley
Lane) -refer to Exhibit 1. These improvements consist primarily of the addition of turn lanes
and a traffic signal at the intersection. There have been multiple accidents and complaints
associated with this intersection over the previous years, and the intent of this proj ect is to relieve
this situation to the extent possible.
TxD~T and the County have paid for and coordinated the design and permitting efforts
associated with this project. The City of Denton's role in the project is to provide all of the
signalization equipment and to carry the project through the City's bid process, award the job
and provide construction phase services including on-site representation. Denton County is
paying for the construction project (including the signal equipment} and the City's related
expenses associated with the project, including retaining the design engineering firm of Kimley-
Horn and Associates to provide bid and construction phase services, (a contract between the
design firm and the City will be brought to Council at a later date}.
The costs for this project have been preliminarily projected at $750,000.00. The attached ICA
has been set up such that Denton County will pay the City actual costs for the project. In other
words, the County will reimburse the City for actual costs incurred beyond the estimated amount,
or the City will reimburse the county for any amount if the final cost of the project is below the
estimated amount.
OPTIONS
1. Approve the Interlocal cooperation agreement with Denton County.
2. Rej ect the Interlocal cooperation agreement with Denton County.
RECOMMENDATION
Staff recommends approval of the ICA with Denton County in the amount of $750,000.00.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
Denton County has identified a total of $750,000.00 available for the City's use. Payment to the
City is due upon execution of the agreement.
BID INFORMATION
Not applicable.
EXHIBITS
1. Location Map.
2. Ordinance
3. Interlocal Cooperative Agreement.
Respectfully submitted,
~ ,
~ :F ~ ~
Frank G. Payne, P.E.
City Engineer
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ORDINANCE N~.
AN ~Rl]~NANCE DF TAE CITY ~F DENTIN, TEAS APPRD~~VC~ AN INTERL~CAL
C~OFERATI~N AGREEMENT BETWEEN THE CITY ~F DENTC~N, TEA AND
DENTIN C~NTY, TEA FAR THE C~NSTRUCTI~N DF ~MPR~EMENT AT THE
INTERECTIGN ~F FM 2181 ~ GLD AETGN READ; AND PRGD~NG AN
EFFECTIVE DATE.
THE C~UNC~L DF THE CITY ~F DENTIN HEREBY ~RDAIlV~ s
SECTrGN 1. The City Council hereby approves an Inte~r~ocal Cooperation Areeme~.t
between the City of Denton, Texas and the Denton County, Texas for the construction of
interectiar~ improvements and the installation of a traf~rc signal at the interjection of FM ~ 1 1
ar~d Gld Alton Road, substantially in accordance v~ith the ~nterlocal Cooperation Agreement
which is attached hereto and incorporated herein by reference the "Areerrient"~. The City
Manager, or his des~gnee,ls authorized to execute the Agreement on behalf of the City. The City .
Manager, or hip designee, is authorized to carry out the City's rights and duties under the
Areen~er~t.
SECTION The City Council #"inds that the Agreement mill benefit the City of Denton
~.nd is in the public interest.
SECT~DN This ordinance shall beco~.e effective im.na.ediately upon its passage and
approval.
PASSED AND APPROVED this day of 2o~S,
MARK BURROUHS, MAYDR
ATTEST. .
JENNIFER AFTER, CITY SECRETARY
APPROVED AS T~ FDRM.
ANITA B~R~~S, CITY A.TT~RNE
7 i
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BETWEEN
DENTON COUNTY, TEXAS, AND THE CITY OF DENTON, TEXAS
THIS AGREEMENT is made, entered into and executed by and between Denton
County, Texas, a political subdivision of the State of Texas, engaged in the administration of
county government and related services for the citizens of Denton County, Texas, hereinafter
"the County;" and the City of Denton, Texas, a corporate and political body duly organized and
existing under the laws of the State of Texas, engaged in the administration of municipal
government and related services for the citizens of the City of Denton, Texas, hereinafter "the
City." The County and the City are hereinafter collectively referred to as "the Parties."
WHEREAS, the County and the City mutually desire to enter into this Agreement
whereby the City agrees to perform construction of intersection improvements and the
installation of a traffic signal at the intersection of FM 2181 and old Alton Road within the
municipal limits of the City and Denton County Commissioner Precinct #1, hereinafter "the
Project;" and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code Chapter 791,
provides authorization for a local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act and the County and the
City herby mutually agree to be subj ect to the provisions of the Act; and; and
WHEREAS, the County and the City value the timely completion of the Project which
involves roads which are an integral part of the County's road system and the Parties are
undertaking the Proj ect to improve safe travel on an improved roadway; and
NOW, THEREFORE, this Agreement is hereby made and entered into by the County
and the City upon and for the mutual consideration stated herein:
WITNESSETH:
I.
Pursuant to Texas Government Code §791.011, the County and the City hereby enter
into this Agreement in order to perform certain governmental functions and services in the area
City ofDenton ICA - FM 2181 and Old Alton Road Intersection Improvements Page 1 of 8
of streets, roads and drainage. The purpose of this Agreement is to provide a governmental
function or service that each party is authorized to perform individually.
II.
The County and the City hereby agree that the scope of the Project shall be limited to
construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and Old Alton Road within the municipal limits of the City and Denton
County Commissioner Precinct #1 at an estimated project cost of SEVEN HUNDRED FIFTY
THOUSAND AND N0/100 DOLLARS ($750,000.00), hereinafter "the cost of the Project."
III.
The County agrees to contribute an estimated sum of SEVEN HUNDRED FIFTY
THOUSAND AND N0/100 DOLLARS ($750,000.00) toward satisfactory completion of the
Project. This exchange of in-kind services is deemed adequate consideration for the obligations
exchanged by the Parties herein.
IV.
The City agrees to secure a contract for the construction of the Project and to oversee any
necessary engineering which may be required for satisfactory completion of the Project. In
addition, the City will provide all project inspections and approve all payments, including
requested funding from the County, as construction invoices are received.
V.
Payment to the City is due upon execution of the contract. In the event of any change
order that would add additional costs to the Project, the City shall obtain prior approval from the
governing body of the County before any change order is authorized. In the absence of prior
consent from the governing body of the County, the City shall be responsible for all additional
costs related to change orders. In the event that additional work must be conducted in the
interest of preserving public health, safety or welfare, the City shall be authorized to proceed
with the work on a time and materials basis and shall immediately notify the County of its intent
to do same. In this instance, the County will grant formal approval of the necessary change order
upon presentation of written justification for same from the City.
VI.
Upon satisfactory completion of the Project, the County and the City shall prepare and
complete a full audit of the Project. Based on the results of the audit, the City will be made
City ofDenton ICA - FM 2181 and Old Alton Road Intersection Improvements Page 2 of 8
whole for any costs incurred by the City that are above the estimated cost of the Project, or the
City will reimburse the County for any sums below the estimated cost of the Project which are
not expended on the Project. A copy of the final audit reports prepared by the County and the
City shall be sent to Mr. John Polster, c/o Innovative Transportation Solutions, 2701 Valley
View Lane, Dallas, Texas 75234.
VII.
This Agreement may be terminated in whole or in part by the County or the City upon
thirty [30] days written notice to the other party setting forth a substantial failure by the
defaulting party to fulfill its obligations under this Agreement through no fault of the terminating
party. No such termination may be affected unless the defaulting party is given: (1) written
notice delivered via certified mail, return receipt requested, of intent to terminate, setting forth
the substantial failure to perform; and (2) not less than thirty [30] calendar days to cure the
failure; and (3) an opportunity for consultation with the terminating party prior to termination. In
the event of termination by the County, the County shall pay all approved invoices submitted up
to and including the date of termination.
VIII.
This Agreement represents the entire integrated agreement between the County and the
City and supersedes all prior negotiations, representations and/or agreements, either oral or
written. This Agreement may be amended only by written instrument signed by both of the
Parties. Notices shall be directed as follows:
For City: Honorable Mark Burroughs
Mayor of the City of Denton, Texas
215 E. McKinney Street
Denton, Texas 76201
Copy To: Mr. George C. Campbell, City Manager
City of Denton
215 E. McKinney Street
Denton, Texas 76201
For County: Honorable Mary Horn
Denton County Judge
110 west Hickory
Denton, Texas 76201
City ofDenton ICA - FM 2181 and Old Alton Road Intersection Improvements Page 3 of 8
Copy To: Denton County Criminal District Attorney's Office
C1V11 DiVISIOn
1450 East McKinney Street, Suite 3100
Denton, Texas 76209
IX.
The covenants, terms and conditions herein are to be construed under the laws of the
State of Texas and are performable by the Parties in Denton County, Texas. The Parties
mutually agree that venue for any obligation arising from this Agreement shall lie in Denton
County, Texas.
X.
The County agrees and understands that the County, its employees, servants, agents
and/or representatives shall at no time represent themselves to be employees, servants, agents
and/or representatives ofthe City.
XI.
The City agrees and understands that the City, its employees, servants, agents and/or
representatives shall at no time represent themselves to be employees, servants, agents and/or
representatives ofthe County.
XII.
The County agrees to accept full responsibility for the acts, negligence and/or omissions
of all County employees, agents, subcontractors and/or contract laborers and for all other persons
doing work under a contract or agreement with the County.
XIII.
The City agrees to accept full responsibility for the acts, negligence and/or omissions of
all City employees, agents, subcontractors and/or contract laborers and for all other persons
doing work under a contract or agreement with the City.
XIV.
This Agreement is not intended to extend the liability of the Parties beyond that provided
for by law. Neither the County nor the City waive, nor shall be deemed to have hereby waived,
any immunity or defense that would otherwise be available to it against claims made by third
parties.
City ofDenton ICA - FM 2181 and Old Alton Road Intersection Improvements Page 4 of 8
XV.
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the Parties hereto that the remaining portions shall remain valid and in full force and
effect to the fullest extent possible.
XVI.
The undersigned officers and/or agents of the Parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the Parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending said
authority have been duly passed and are now in full force and effect.
XVII.
This Agreement becomes effective when signed by the last party whose signing makes
the respective agreement fully executed and the term of this Agreement is for the life of the
Project beginning on the date of execution of this Agreement and continuing until the Project is
completed.
Executed in triplicate originals this day of , 2008.
DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS
110 west Hickory 215 E. McKinney
Denton, Texas 76201 Denton, Texas 76201
By: By:
Honorable Mary Horn Honorable Mark Burroughs
Denton County Judge Mayor of the City of Denton, Texas
Acting on behalf and by the authority of Acting on behalf and by the authority
The Commissioners Court of of the City of Denton,
Denton County, Texas Denton County, Texas
ATTEST: ATTEST:
By: By:
Denton County Clerk City Secretary
City ofDenton ICA - FM 2181 and Old Alton Road Intersection Improvements Page 5 of 8
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Assistant District Attorney City Attorney
COUNTY AUDITOR'S CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of Denton
County, Texas, under this Agreement.
Denton County Auditor
CITY CERTIFICATE
I hereby certify funds will be available to accomplish and pay the obligation of the City
of Denton, Texas, under this Agreement.
Director of Finance
City ofDenton ICA - FM 2181 and Old Alton Road Intersection Improvements Page 6 of 8
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
Denton County, Texas, acting by and through the Denton County Commissioners Court,
having been advised of the Project requiring the assignment of responsibility and obligation for
road construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and Old Alton Road, located in the City of Denton, Texas, and Denton
County Commissioner Precinct # 1, herein gives its specific written approval to the Project prior
to beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act,
Texas Government Code Chapter 791, and specifically Texas Government Code §791.014.
The description of the Project to be undertaken and its location are as follows: road
construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and old Alton Road, located within the corporate limits of the City of
Denton, Texas, and Denton County Commissioner Precinct # 1.
The local governments which requested the Project and with whom the agreement is by
and between are Denton County, Texas, and the City of Denton, Texas.
By vote on the date below, the Denton County Commissioners Court has approved the
project identified above and authorized execution of this document by the presiding officer of the
Denton County Commissioners Court.
Date:
By:
Presiding officer of the Denton
County Commissioners Court
City ofDenton ICA - FM 2181 and Old Alton Road Intersection Improvements Page '7 of 8
APPROVAL OF INTERLOCAL COOPERATION AGREEMENT
The City of Denton, Texas, acting by and through the Denton City Council, having been
advised of the Project requiring the assignment of responsibility and obligation for road
construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and Old Alton Road, located in the City of Denton, Texas, and Denton
County Commissioner Precinct #1, herein gives its specific written approval to the Project prior
to beginning the Project in satisfaction of the requirements of the Interlocal Cooperation Act,
Texas Government Code Chapter 791.
The description of the Project to be undertaken and its location are as follows: road
construction of intersection improvements and the installation of a traffic signal at the
intersection of FM 2181 and old Alton Road, located within the corporate limits of the City of
Denton, Texas, and Denton County Commissioner Precinct # 1.
The local governments which requested the project and with whom the agreement is by
and between are Denton County, Texas and the City of Denton, Texas.
By vote on the date below, the Denton City Council has approved the Project identified
above and authorized execution of this document by the presiding officer of the Denton City
Counci .
Date:
By:
Presiding Gf~cer of the City of Denton, Texas
City ofDenton ICA - FM 2181 and Old Alton Road Intersection Improvements Page 8 of 8
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Eva Poole 349-8750
;i .7 %~K'+ 4. ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative Purchasing Network,
Texas Multiple Award Schedule (TXMAS) Program as awarded by the State of Texas Building
and Procurement Commission and US Communities Purchasing Alliance for the acquisition of
new and refurbished furniture for the City of Denton South Branch Library by way of an
Interlocal Agreement with the City of Denton; and providing an effective date (File 4157-
Interlocal Agreement for the purchase of furniture for the South Branch Library in the amount of
$ 282,005.60).
FILE INFORMATION
This item is to provide furniture (new and refurbished), additional shelving, and moving services
for the Denton Public Library South Branch Expansion project. The interior design architect,
Booziotis and Company, has selected new furniture that will fit in with the South Branch's
current furniture collection. Some existing South Branch items will be sent back to the original
manufacturer and refurbished. Items will also be moved from the North Branch and the Emily
Fowler Central Libraries and refurbished to match the South Branch Library furniture.
Cultural Surroundings provided the original shelving from MJ Industries Steel Shelving when
the South Branch opened in December 1995. Using this vendor again, the additional shelving
will match in color and style so that the current shelving will not have to be replaced. Cultural
Surroundings is also able to provide the additional wood shelving components needed with the
additional shelving so that the style and color are the same. They will also be able to match the
additional pieces for the Circulation and Reference Desks.
Cultural Surroundings will also provide the library moving and relocation services so that the
South Branch may remain open to the public as long as feasible during the expansion project.
Agenda Information Sheet
December 9, 2008
Page 2
RECOMMENDATION
Approve the purchase of new and refurbished furniture, and moving and relocation services,
utilizing Interlocal Agreement contract pricing as awarded to the vendors listed below:
Vendor Amount
workplace Resource-DFVV $ 25,561.58
BKM-Total office of Texas $ 35,605.52
TUSA Office Solutions, Inc. $ 35,071.09
Cultural Surroundings $185,767.41
$282,005.60
A summary of the vendor pricing by type of Interlocal Agreement is included as Exhibit 1.
PRINCIPAL PLACE OF BUSINESS
workplace Resources - DFW BKM - Total office of Texas
Carrollton, TX Dallas, TX
TUSA Office Solutions Cultural Surroundings
Carrollton, TX Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
The estimated date for the furniture installation is September 1, 2009.
FISCAL INFORMATION
Funding for the furniture, shelving, and moving expenses will be paid for from South Branch
Library project account 100095458.1365.40100.
Respectfully submitted:
~
: e
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Exhibit 1: Itemized List of Furniture Pricing by Type of Contract
Exhibit 1
Workplace Resource - DFW
New furniture on TXMAS Contract $19,058.76
New Furniture on U.S. Communities Pricing $4,356.90
Freight and Installation $2,145.92
TOTAL-WORKPLACE RESOURCE $25,561.58
BKM -Total Office of Texas
New furniture on TXMAS Contract $8,606.69
Freight and Installation $1,003.94
$9,610.63
New furniture not on Contract $21,812.57
Freight and Installation $4,182.32
$25,994.89
TOTAL-BKM $35,605.52
TUSA Office Solutions, Inc.
New Furniture on TXMAS Contract $13,070.88
Freight and Installation $1,911.45
$14,982.33
New Furniture not on Contract $470.68
Freight and Installation $40.58
$511.26
New Furniture on US Communities Purchasing Alliance $12,807.27
Freight and Installation $2,272.26
$15,079.53
Refurbished/Reused Furniture on US Communities Purchasing Alliance $3,057.42
Freight and Installation $1,440.55
$4,497.97
TOTAL-TUSA $35,071.09
Cultural Surroundings
New Furniture on Buy Board Contract $948.48
Freight and Installation $136.50
$1,084.98
Refurbished/Reused on Buy Board Contract $14,021.07
Freight and Installation $10,560.00
$24,581.07
Refurbished/Reused Furniture not on Contract $21,126.72
New Shelving, End Panels, Canopy Tops, Graphics on Buy Board $92,618.40
Freight and Installation $17,790.24
$110,408.64
Phase 4 Move of Furniture and Shelving and Final Relocation of All $28,566.00
Furniture and Shelving and Collection Per Floor Plan
TOTAL-CULTURAL SURROUNDINGS $185,767.41
GRAND TOTAL: $282,005.60
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK, TEXAS MULTIPLE AWARD SCHEDULE
(TXMAS) PROGRAM AS AWARDED BY THE STATE OF TEXAS BUILDING AND
PROCUREMENT COMMISSION AND US COMMUNITIES PURCHASING ALLIANCE
FOR THE ACQUISITION OF NEW AND REFURBISHED FURNITURE FOR THE CITY OF
DENTON SOUTH BRANCH LIBRARY BY WAY OF AN INTERLOCAL AGREEMENT
WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4157-
INTERLOCAL AGREEMENT FOR THE PURCHASE OF FURNITURE FOR THE SOUTH
BRANCH LIBRARY IN THE AMOUNT OF $ 282,005.60).
WHEREAS, pursuant to Ordinance 2003-017, the US Communities Purchasing Alliance
has solicited, received, and tabulated competitive bids for the purchase of necessary materials,
equipment, supplies, or services in accordance with the procedures of state law on behalf of the
City of Denton; and
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and
Procurement Commission Texas Multiple Award Schedule (TXMAS} Program has solicited,
received and tabulated competitive bids for the purchase of necessary materials, equipment,
supplies or services in accordance with the procedures of state law on behalf of the City of
Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the US Communities Purchasing Alliance, Buy Board Cooperative Purchasing Network,
and Texas Multiple Award Schedule (TXMAS) programs at less cost than the City would expend
if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
Vendor Contract Amount
workplace Resource-DFVV TXMAS $ 21,204.68
workplace Resource-DFVV US Communities $ 4,356.90
BKM-Total Office of Texas TXMAS $ 9,610.63
BKM-Total Office of Texas No Contract $ 25,994.89
TUSA Office Solutions, Inc. TXMAS $ 14,982.33
TUSA Office Solutions, Inc. US Communities $ 19,577.50
TUSA Office Solutions, Inc. No Contract $ 511.26
Cultural Surroundings Buy Board $136,074.69
Cultural Surroundings No Contract $ 21,126.72
Cultural Surroundings Moving Services $ 28,566.00
$282,005.60
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the US
Communities, TXMAS or Buy Board for such items and agrees to purchase the materials,
equipment, supplies, or services in accordance with the terms, conditions, specifications,
standards, quantities and for the specified sums contained in the bid documents and related
documents filed with the above listed agencies, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
the City's ratification of bids awarded by US Communities, ,TXMAS or Buy Board, the City
Manager or his designated representative is hereby authorized to execute the written contract;
provided that the written contract is in accordance with the terms, conditions, specifications and
standards contained in the Proposal submitted to US Communities, TXMAS or Buy Board,
quantities and specified sums contained in the City's purchase orders, and related documents
herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
-
A
~
_
BY: 3-ORD-File 4157
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative Purchasing Network
for the acquisition of a Bomb Squad Response Truck for the City of Denton Fire Department by
way of an interlocal agreement with the City of Denton; and providing an effective date (File
4219-Bomb Squad Response Truck for City of Denton Fire Department awarded to Grande
Truck Center in the amount of $162,640}.
FILE INFORMATION
The Buy Board awarded contract #232-5 to Grande Truck Center for the purchase of a Mobile
Command Unit specifically outfitted to be used as a Bomb Squad Response Truck. The Mobile
Command vehicle is comprised of a Ford F750 chassis with an Allison Transmission and a
customized 16-foot body. The custom body is designed to provide an efficient emergency
response to a bomb incident. The design of the vehicle allows for ready access to robotic and
diagnostic equipment. The use of this robotic and diagnostic equipment increases the safety of
the responders as well as the public. Texas motor vehicle law requires that all new vehicles be
purchased through a licensed franchise Texas dealer. Both the chassis and body are on separate
Buy Board contracts (Exhibits 1 and 2} but will be ordered from the franchise dealer Grande
Truck Center.
This project was submitted to the State Administrative Agency for the 2007 Homeland Security
Grant Program by the Regional Emergency Preparedness Advisory Committee (REPAC). This
committee of the North Central Texas Council of Governments (NCTCOG} concluded this
project was needed as a regional asset in North Texas. The majority of the funding for this
proj ect has been approved through the 2007 Homeland Security Grant Program.
This transaction is for the acquisition of a Bomb Squad Response Truck and will be purchased
with funds provided from the 2007 State Homeland Security Grant ($155,000) and remaining
funds from a 2003 Certificate of Obligation used for Fire Equipment ($7,640). Maintenance and
operational expenses will be covered within the Fire Department's annual budget upon receipt.
RECOMMENDATION
Award the purchase of a Bomb Squad Response Truck, to Grande Truck Center, in the amount
of $162,640.
Agenda Information Sheet
December 9, 2008
Page 2
PRINCIPAL PLACE OF BUSINESS
Grande Truck Center
San Antonio, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the truck is estimated to be within 180 days of receipt of a purchase order.
FISCAL INFORMATION
This item (FD0982} will be funded from 810027444.1355.30100 in the amount of $155,000 and
810027452.1355.30100 in the amount of $7,640. Requisition #90861 has been entered in the
Purchasing software system.
EXHIBITS
Exhibit 1: Quote from Grande Truck Center for Truck Chassis
Exhibit 2: Quote from EH Concepts, LTD for Truck Body
Respectfully submitted:
~.4{
f 4 4..k 1
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4219
Exhibit ~
'~RNIEI~T PURF~~1~ ~~RAT~~ T~A~ L~~
lJ~f~AR~
PRODUCT PRICING BA~EC ON CONTRACT
customer: City ofi Denton
Product Descrip~ior~: llllobile Cor~mand
A: Base Pace in 81d{Proposal Number X37-05 $ 43,401.58
B: Published Qptions [lternize eaoh item below 20fl9 Ford F750 Includes rt driver Captain feat -
1941N B - ~ Passenger Bench Seat -
Ft Tovu Havks $ - Duel Stainless Mirror wl Conver Mirrors ~ -
~ OK Ft axle $ - 22.5~8.~5 Bteel vVheels -
2 ~ K Rear Axle $ - 1 ~ R22.5 H Hankoak Tires -
Air Brakes - Additional Battery Box $ Cimmir~s 1SB 240 Diesel Engine $ - Painted_ Black _ _ _
Allison 2500 H Transmission - Air Suspension -
BodyBuilder vUiring Harness $ - -
55 Cal Fuel Tank ~ ~ ~
Subtotal Qalumn ~ : $ - Subtotal Column 2: -
Published Options added to Base Prise ~ubtata! of "Col + "Col 2"~ -
C: Subtotal of A + B = 47,881.5
D: Body °lo
1G Ft END{Bomb Truck EH Conceits ~ 14,358,50
- ~ - - -
$ - ~
subtotal ~alu~nn ~ : 14,358.50 Subtotal Cvlumr~ -
Bod~ $ ~ ~ 4,358.x0
E: Contract Pride Ad~t~stment {If any, explain here} - -
F: Totaa of C + ~ ± E {Nat inci~din~ Bey Board Fee} = ~ 52,24D.00
Quantity Qrdered Units x F} ~ # o~ Units ~ ~ 152,24D,00
H: BUYBQARD Fee {From Fee Schedules, Table: ~ _ °l~ 400.00
Nan-Equipment Charges Credits {xe: ~xt.llVarranty, Trade-In, Cost o~ Faa#ory trips, etc.
subtotal of Non-Equipment Charges $ -
J: TOTAL PURCHASE PR4CE INCL[1DtNC {C + H +I~ ~ ~ 6,840.00
Grande Truck Center Rocky ~hoffstal!
PO Box 2D1210 PH 21 ~-BG6~7~ 12 San Antonio, Texas 78220 F~ 21 D-G56-7216
Grande Truck Canfide~tial ~1 ~ 2 Page ~
l
Exhibit 2
u ~t~
DATE Quate #
~ ~ ~ 11 ~24120g8 208-~
18975 Merbach Lane Building 2g0
San Ar~tor~io, Tx 7325
X210} X51-3334 * FAx X21 D} 6~ 1-334
BILL T~
randey~~yTr/duck +~enter
~.~r ~VJ►, i~~~ fan Antonio, Tx 7820
~escr~ptian Price Each Total
15' E~DIBamb Custor~ Bally -Buy Board Bid Proposal Number: 232-05 1 t4,358,5~ 1143~8.50T
Bally Specifications:
-16' Custom body -LED Clearance lights
-LED Signal fights
- Body solar: blank Ana Ingo ar art work} - 7.5 Kw Diesel generator
- 220 VAC, 5a AMP AC Power distribution system
- 22D VAC, 5D AMP bare power card ~ cab warning system
- ~2 VDC Power system w1 timer system - 2a 12 VDC Auxiliary batteries
- 6~ AMP Cot~verterlCharger
-12 VDC Smart Solenoid charging ysterr~ - Exterior scene lighting AC and DC
- lnterioer lighting AC and DC
-1 Roof tap air conditioner unit w~ feat
-Auxiliary heater - ~ Person sit dawn work station
- 2 Person stand up work station
-1 Entry door w~ push bar -1 aAluminum tall updoar
,1 ~ Refrigerator,l2p VAC ar~d 12 VDC
-Rear drop frame wl side entry for robot
Aluminum ramp for robot - Ur~derbody storage compartments
- Interior custom storage system
-Bomb suits storage - x~Ray unit ~"bread rr~aker"}storage
- Custom power charging station
-Custom day box ~r~agazirwe~
- Exterior red~blue LED emergency lights - Taw hitch receiver and brake controller wl 5 pin connector
ub~~taf
dales Tax ~~.~°lo~
Tit ~
Page 1
_ 1
~
DATA Qaate ~
~I1~ ~ ~ ~ ~ ~ ~ ~~~~zoa~ 2008-~
18975 Marbaal~ bane ~uiiding Boa
fan Antonia, Tx 7826
~~10} * r=Ax s5~-~~~
B1LL T~
Grande Truk Center P.~. Box 20~2~4
fan Antania, T~ 7820
Description price ~aah Total
- Rigid pintle hook wl air c~s~ian Mad flaps
- Ra~4t tl@ down System
r.I~J~~tj X114,358.50
~~eS Tax {a.0°lo} $a.aa
Toth ~ 14,3~8,5~
Page ~
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF A BOMB
SQUAD RESPONSE TRUCK FOR THE CITY OF DENTON FIRE DEPARTMENT BY WAY
OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING
AN EFFECTIVE DATE (FILE 4219-BOMB SQUAD RESPONSE TRUCK FOR CITY OF
DENTON FIRE DEPARTMENT AWARDED TO GRANDE TRUCK CENTER IN THE
AMOUNT OF $162,640).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
4219 Grande Truck Center $162,640
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.r --l . ~ ~,,A..
m..
BY:
3-ORD-File 4219
This page left blank intentionally.
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis 349-8424
ACM: Jon Fortune ~
SUBJECT
Consider adoption of an ordinance amending ordinance 2008-091 approved on May 6, 2008, so
as to execute a purchase order through the Buy Board Cooperative Purchasing Network for the
acquisition of a Peterbilt 320 chassis with tandem axles by way of an interlocal agreement with
the City of Denton; and providing an effective date (File 4220-Side Load Refuse Truck Chassis
for Solid waste Department awarded to Rush Truck Centers of Texas LP in the amount of
$129,300). The Public Utilities Board will consider this item on December 8, 2008.
FILE INFORMATION
A single axle truck chassis was approved for purchase by the City Council on May 6, 2008.
However, during the course of operations, it has been discovered that numerous breakdowns of
existing refuse trucks have occurred due to the trucks being overweight with only one axle.
Therefore the purchase order in the amount of $97,401.61 for a single axle Peterbilt 320 has been
vole.
The Buy Board Cooperative Purchasing Network awarded contract 281-07 to Rush Truck
Centers of Texas for the purchase of a Peterbilt 320 chassis, tandem axle truck. This request is to
approve a new purchase order in the amount of $129,300 for a tandem axle Peterbilt 320 chassis
off the Buy Board contract.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board will consider this item at its December 8, 2008 meeting.
RECOMMENDATION
Award the purchase of a Peterbilt of $129,300 to Rush Truck Centers of Texas LP.
PRINCIPAL PLACE OF BUSINESS
Rush Truck Centers of Texas LP
Houston, TX
Agenda Information Sheet
December 9, 2008
Page 2
ESTIMATED SCHEDULE OF PROJECT
Delivery of the truck is estimated to be within 180 days of receipt of the purchase order.
FISCAL INFORMATION
This item (SW0881}will be funded from account #660054591.1375.90000. Requisition# 90870
has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Quote from Rush Truck Centers
Respectfully submitted:
{
~,e
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4220
Exhibit 1
BuyBoard Rush Truck Center -Houston
T'he following details shall be provided with any BuyBoad purchase order (Fax Purchase Order to X800}111-S4S4
Prepared By: Charlie Pleuse
BuyBoard Vendor: Rush 'Truck Centers of Texas L.P. Vendor Phone: 713 495-630Q
[Address P.4, to:] 1020o N. Loo East Vendor Fax: 713 695-9620
Houston, Texas 77029 Vendor Toll Free {800) 580-7383
Date Prepared September 2I, 200$
Government Agency: DENTQN CITY QF Gov. Agency Denton, City of
[Ship to:] 9Q1 TEXAS STREET [Bill to:] 215 E. McKinn~ - -
DENTON, TEXAS 76209 Denton, Texas 7620I
Contacts Name: NIIKE ELLIS Gav. Age. Phone No: {940) 349-$424 G. A. Fax No: 940 349-8596
Product Description: Peterbilt 32Q CHASSIS
I; BuyBoard Contract #281-07 Price L st: # I Base Price S 90,994.00
II: Base Bid Options: (Itemize Below}
* Please See Attached List $ 46 286.4b ~ w i~~ $
Q ,d * ~ ~
WW r~~.{ ~i9, tL i~,. plc[ Y' y 3 ~ a! u N ~Y41 T ~ T T ' r ~
~ $ _ * $
* ~ _ * $ _
* $ _ ~ $ _
* ~ _ * ~ $
* ~ _ * $ _
* $ _ ~ $ _
Subtotal $ 46,86.46 ~ Subtotal $ -
III; Unpublished Options added to Con t Price {Subtotal of Co.1 & Co12)~ $ 46 286.46 N: Total IV +'VI ~ ~ 137,280.46
V: Non-Base Options {tt~mize bclaw) NON-B SE _ -0.06
vI: Non-Published options {Please see attached} EACH ~ {7,980.46}
VII: Unit Cost with Discount ~ 1x9,3oa.oo
. ~ " "I ~ 129,3oU.0(1 VIII: Quantity Ordered UrutS. l x E i
Ix: Trade-in or other Credit{s}
d $ -
x: TIITAL PURCHASE PRICE INCLUDING VIII + IX ~ ~2~,3ao.oo
CONTRACT 1411l~007 TO 913012010
Fax all Purchase Orders to BuyBoard at (boa) Zl:1-5454
September 9, 2na8
RUSH TRUCK CENTERS OPTIONS
DENTIN, CITY 4F
PUBLISHED ~PTIGNS;
PLEASE REFER TD THE SIX PAGES OF PETERBILT SPEGIFICATIGN;~
BID CHASSIS LIST ~0,?92.~►~
LESS CHASSIS LIST ~ ~1~,~740~►~.~~
t~PT14NS OFFERED TOTAL $ 4`~,718.~►0
.uv ~•_a ! .~`t a i ? ~ i ~ 0 a r~r' ~i i r` ~~I 0 q ~4•« i u « ~ •w rA s~•ry~ y{'~.: p n. Y ,v 4,. ~ •H 7 ~.w ° i~4. Y._
..o. M,J : ra ~ w 4~. •I I ~.w.tl ^ • 0 + s I ~P f a~ ~ e.J~ i~ i~ ^~J' ~J~ i... ~~s n~,i r uw-h;r~a-~~~anu.~- ~muw iwm~~ ~a~st~' u~revaYscr.~~~n.
NON-PUBLISHED CPTI4NS:
RUSH DISCOUNT $ X12,105.46}
CUMMINS WARRANTIES: $ -
V4CATIQNAL WARRANTY YEARI250,000 MILES $ 2,200.00 5 YEARI500,000 - TURBQS $ fi00.00
5 YEARI500,000 - I NJ ECT~ S $ 1,100.00
ALLISON 5 YEARIUNLIMITED MILEAGE WARRANTY $ 825.00
I~l~}NWPUB~_ISHED CPTIQN TOTAL $ (?,Q80.4fi~
~ N K~ Rush Truck Center, Crane i Qti~`~,,, a~ I~...,~~
~ ~ P4 Box 200105
~x~ry~y~; ~ 1~ ~,z ~p{~~ }5~ &k a say Ant~n~o rx 7s22o Retail Sales t3rder N 4 ~d1~. I.N' ^F. b3~ F ~ N V ~ ~ 1a. ~ ' r x~ 877-fifi 1-4511
. .r _
SAES QRQER pate 091221200$
~ u ~ s., ~ Denton, City of -
Caskomer's Narne ~ ? , ~ " . ~ ~ 901-8 Texas St D nton ~ TX 762o1~a3s e . _._m.._- _ r_~.__ W._..__._
_ ~
q., a o I' Street City State ~ Zip
- ~ 75-60D00514 940-349-7'100 940 3497302 . 5 _ SS# or Fed Id# Business Phvns Fax
~i;
.~....,.N_~,_~ _...~.,,~.~,~..w~._~..._.d...~...~_ Purchaser's Name i. I w .a! 'IR } f i
i To be delivered an or about 1013112048 w~.~.~ Street City State zip ~ ~ ~i
__w..,_._._~____._ W~_~..........~__._~..~M~x S5# or Fed Id# Business Phone Fax ,i
t i. 4 _ FuNilove, Jesse
' By Salesman ~ { . ..._..~r~ ____..w._. _ ~.....~.._W...~.._.....~, i Sk
Chassis and body painted Sines UUhite Effect: t_4814EB Denton `
Cummins Engine Vocational 7YR1250,000 Warranty Truck WII be Titled in County- i . c Cummins Turbo/injectors 5YR1500,000 Warranty I rt~Nlaouat`R tt~l=oRtut~Ttvrt
I ..._..~.v W..W. _ w...~.~,... Allison., Transmission 5YR~Unllrnlted Warranty Date of L►en
-._.__.~__..,W~~.~.~_ __..M_.~__.....,._v~._ ______.___.____W__._..__~.~.~.. -.~.~.w___._.___--._-- I Lien Ha4der
.._.~.~~.~w~. .__~w~._.._... u.~
_.~_._~...~.~...._..~.~..H.~.n.,.~~..~_~.._...____ _ E
Sales Price 124,325.00 , 4
Facto _ ____w.~.___~.~.~~~_.µ_~.......~__~....___.._~._._.~.~_..~. . ry Paid F.E.T. 0.00 _ _~~s___~.__ K ..__ti._w.~.~~_.~~. .~._~~.,..w.~.~....~.~.~~.___
T
F.E.T. Tire Credit ~ ~ 0.00 i . ~__.__r.._~._._-_..___._~...~...~.~.v~~.~....~_.~_~..M~-_ ~
Total Factory Paid F.E.T. 0.00 Draft Through ~ - _.w_ } Qptional Factory Extended Warranties 4,"725.00
_ ~ ....._®„_..~__.F~_ _~.Y..._.. Sub-Total 129,050.00
_ _ . _ _ _ __w.~...____. Dealer 'Paid E.E.T. * :R ~:~I~° ~...A_.~._...__...~.~.__
Local Taxes ~ ~ ~r:° ~R; r ~ ~ ;.~i;_ I . 0.00
License, Transfer, Titie, Registration Fee , . ~ 4~ , v` I a ~ .i E~^„I : a ~ ~ 0.00
Dealer's Inventory Tax ~ .;~~:a ~:i:~i ~~~l~.~l ~~~~,:I~ , a~~~~.~_ m~~; _ ~o~. ~~,1 ~I~,F~ ~ 0.00 .
Documentary Fee ~E::~mM ~ i 1 ; ~ .r. ~w~~ :~e..i 0.00
Total Cash Delivered Price ~ ~ ~ i ; ~~~1-~ ~ , o i~, p.00 _ 0 00
Total Down Payment 0.00 .c ~ i Y; Dn~aid Cash Balance Due on Delivery 129,300.OD *See Trade-in aetails on page 4 ~k
Customer, by the execution of this Order, offers to purchase the motor vehicle
described above upon the teirn~s and conditions contained herein. Customer A DOCUMENTARY FEE I5 NOTAN OFFICIfaL FEE.A DOCUMENTARY FEE IS NGT REQUIRED BY acknowledges that
Customer ha:. read the terms and conditions of this Order and
I.AW, BUT MAY BE CHARGED TO BUYER'S FOR HANDLING DOCUMENTS AND PERFORMING i SERVICES RELATING TO THE CLOSING t)F A SALE. has received a true copy of this t?rder. ;
This Order consists of this Page, as well as Pages 2 through 3, which are initialed
_ for identification, and only those i>ther documents, which are specifically identified and referenced in this Order,.
'SUBJECT TC~ ADJUSTMENT--FINAL F.E.T. MAY VARY. }
ANY F:E.T. VARIANCE RESPONSIBILITY C1F DEALER Customer's Signature pate
OFFER RECEIVED BY: ~
NOTICE: TWE FOLLOWING ARE IMPORTANT' PROVISIONS OF THIS ORDER S~~LES REPRESENTATIVE Date THIS ORDER GANCEL5 ANt) SUPERCEDES ANY PRIOR AGREEMENTS AND, AS OF THE DATE
HEREOF, COMPRISES THE COMPLETE AND EXCLUSINVE STATEMENT OF THE TERMS OF THE AGREEMENT 13ETWEI=N THE PARTlE5. x
OFFER ACCEPTED BY: ` ,,.w.~..... , I IFANYREPRESENTATIONS,SPECIF1CATlONSOROTHERAGREEMENTSARERELIEDUPONBY .~,~I°;~. ;~.:w~_I ,:~~~i'I~~,"..'M~'~.6:''-.1!"~'.` '~;~i
`
'CUSTOMER, THEY MUST BE IN WRITING AND SPECIFICALLY IDENTIFIED AND REFERENCED tN THIS ORDER; OTHERWISE, THEY WELL NOT BE BINDING ON OR ENFORCEABLE AGAINST i i,a
SELLER. ~ ~
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
_ ~ a v ~ ~ ~ - ~ ~ n.:".r lr r~~. ~arT ...a wf, u. w ~..v W. ~1.. . n v~~.., ~ n. . n .n r :
1"i'_ .V vuiiNAMAI'.11~b. ,yM... .y.v aUxkfr, r ~ r, I~ 1 `.t' i .JJ.Y..dna M0.YIm Rbq
RTC S-12t}llp6
Rush Truck Center Crane
.'M ~~6 , W PO Box 200105 s.kL
~~~.a ~ sanAntonio, Tx ~822o t~etal# Sales Order
8l7-fifi1-4511
1~ t ^'Citi4~f~ffiF•S!CSM.1M'+tl"3~ fl~"7.npglpN ♦ s. - ~ ~ ,+xe a:. J~ ...~..r..w...~+*«,.•., ww..... ._......._.,....,.a...«,.~..~.,..,,......yJw,.«-..-a........,..
..........,.'^+r-.-~-rn ...r.ti..r...r~.. ...............-~...r-~.~-..-...~...
ADDITlC3NAL TERMS AND CONDITIONS
DISCLAIMER OF CONSEQUENTIAL DAMAGES: In the event of any civil action by Purchaser againsli Dealer or Manufacturer, Custamer shall not be entitled to recover any consequential damages
as clef ned in the Uniform Commercial Cade, as enacted in the state where Dealer is located, including
but not limited to, loss of profits and down time.
WARNING: Air Leaf with tracking rod suspension, which has a ride height approximately 2.4 inches higher than that of the low air leaf suspension
is generally not suitable for high cubellaw frame height applications. Custamer should verify its height requirements and specify the low air leaf i i suspension when a lower
frame height is required.
ANY WARRANTIES ON THE PRODUCTS SOLD HEREBY ARE THOSE MADE BY MANUFA T ' O CURER. ANY PRINTED MANUFACTURER S
~ WARRANTY DELIVERED TO CUSTOMER WITH SAID PRODUCT(S) lS A CONTRACT SOLELY BETWEEN MANUFACTURER AND CUSTOMER AND IS NOT A PART OF THE SALE OR BARGAIN BETWEEN. CUSTOMER AND DEALER.
EXCEPT FOR ANY SUCH WARRANTY MADE BY
MANUFACTURER, SAID PRQDUCT(S) ARE SOLD ON AN "AS IS, WHERE IS" BASIS, IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTAABILITY OR FITNESS. FOR A PARTiiCULAR PURPQSE, EACH OF WHICH ARE EXPRESSLY DISCLAIMED.
If initialed, Customer has requested Dealer to have certain modifications performed on the Product, prior to its delivery to Customer using a third party
contractor to perform such modifications. Dealer has agreed to do so, and has included the cast of such modifications in its sales price far the Product,
conditioned upon the express understanding and agreement of Custamer that such modifications shrill be subject to .the terms and conditions of the M odifications Rider, which is
attached hereto and mcarporated harem far all purposes. i
PLACEMENT OF ANY CUSTOMER'S DEPOSIT 1NT0 DEALER'S ACCOUNT SHALL NOT MEAN THAT DEALER HAS ACCEPTED THIS ORDER. ~
~ THIS ORDER SHALL NQT BECOME BINDING UPON DEALER, UNTIL ACCEPTED BY DEALER'S AUTHORIZED REPRESENTATIVE. ALIST OF
l AUTHORIZED REPRESENTATIVES MAY BE OBTAINED, BY REQUEST SENT TO THE ADDRESS LISTED HEREIN.
~ 1. Parties tv Order; Definitions. As used in this Order, the terms; ~a) ''Dealer" shall mean the autha~rized Dealer to whom this Order is addressed and who shall become a
party hereto only by its acceptance hereof; (b) "Custamer" shall mean the party executing this Order as such an the face hereof; (c) ,
r~ "Manufacturer" shall mean the Corporation that manufactured the Product, it being understood by Customer and Dealer that Dealer is in no respect the agent
of Manufacturer, that Dealer and Customer are the sole parties to this Order and that reference to Manufacturer herein is far the purpose of explaining generally certain contractual
relationships existing between Dealer and Manufacturer with respect to the Product; (d) "Product" ar "Products" shall mean the new andlor
used vehicle ar vehicles ar other products, which are being purchased by Customer, as set forth in this Order.
2. Changes by Manufac#urer; Effect on Order. Manufacturer has reserved the right to change the price to Dealer of new motor vehicles without notice,
In the event the price to Dealer of motor vehicles of the series and style ordered hereunder is changed by Mlanufacturer prior to delivery of the new motor vehicle ordered hereunder
to Custamer, Dealer reserves the right to change, the cash delivered price of such motor vehicle to Customer accordingly. If such
cash delivered price is increased by Dealer, Customer may, if dissatisfied there with, cancel this Order, in which event if a motor vehicle has been traded in as a part of the consideration
for such motor vehicle, such used motor vehicle shall be returned to Custamer upon payment of a reasonable charge for storage ~
lr and repairs (if any) ar, it such used motor vehicle has been previously sold by Dealer, the amount received therefor, less a selling commission of 15% and any
s expense incurred in staring, insuring, conditioning ar advertising said used motor vehicle far sale, shall be returned to Customer.
* 3. Reappraisal of Used Motor Vehicle. If the used motor vehicle which has been traded in as a part of the consideration for the motor vehicle ordered ! hereunder is not
to be delivered to Dealer until delivery to Customer of such motor vehicle, the used motor vehicle shall be reappraised at that time and such
reappraised value shall determine the allowance made for such used motor vehicle. If such reappraised value is lower than the original allowance therefor
shown on the front of this Order, Customer may, if dissatisfied therewith, cancel this Order, provided, however, that such right to cancel is exercised prior to the delivery of the
motor vehicle ordered hereunder to the Customer and surrender of the used motor vehicle to Dealer. 6
I 4. Delivery of Used Motor Vehicle by Customer; Custamer Warranty a# Title. Customer agrees to deliver to Dealer satisfactory evidence of title
to any used motor vehicle traded in as a part of the consideration far the motor vehicle ordered hereunder at the time of delivery of such used motor vehicle
s to Dealer. Customer warrants any such used motor vehicle to be his properly and free and clear of all liens ~~nd encumbrances except as otherwise noted herein.
F
i 5. Refusal of Acceptance of Motor Vehicle; Rights of Dealer. Unless this Order shall have been cancelled by Customer under and in accordance with
a the provisions of paragraph 2 or 3 above, Dealer shall have the right, upon failure ar refusal of Customer to accept delivery of any product ordered hereunder
and to comply with the terms of this Order, or upon the existence of circumstances, which provide Dealer with a reasonable basis for believing Customer intends to breach its obligations
under this Order, to exercise any and~or all of the following remedies: cancel this Order; retain any cash deposit made by Customer; in
the event a used motor vehicle has been traded in as a part of the consideration far the product ordered hereunder, sell such used motor vehicle and reimburse i
itself out of the proceeds of such sale far the expenses specified in Paragraph Z above and for such other expE~nses and losses as Dealer may incur or suffer as a result of such failure
or refusal by Custamer; and, take such other action and pursue such other remedies as are allowed by law. I
6. Changes in Design by Manufacturer. Manufacturer has reserved the right to change the design of any new motor vehicle, chassis, accessories I ~f
or parts thereof at any time without notice and without obligation to make the same or any similar change, in any motor vehicle, chassis, accessories or parts l
thereof previously purchased by or shipped to Dealer or being manufactured or sold in accordance with Dealer's Orders. Carrespandingly, in the event of any such change by Manufacturer,
Dealer shall have the right, but no obligation to Customer, to make the same or any similar change, in any motor vehicle, chassis, ~
accessories or parts thereof covered by this Order either before or subsequent to delivery thereof to Customer.
7. Delay yr Failure in Delivery; Limitation of Dealer Liability. Dealer shall not be liable far failure tv d~,liver or delay in delivering any product covered by this Order
where such failure or delay is due, in whole or in part, to any cause beyond the reasonable control or is without the gross negligence or intended i
misconduct of Dealer. ~ r
j 8. Liabili for taxes. The rice far the roduct s ecified an the face'af this Order includes reimbursement far Federal Excise taxes, but does not include tY p p p
sales taxes or occupational taxes based on sales volume, (Federal, State or Local) unless expressly so stated. Customer assumes and agrees to pay, unless j rohibited b law an such
sales or use of occupational taxes imposed an ar a I~cable to the transaction covered b this Order, re ardless of which a ma ~p y , y pp~ Y g pdY
Y~
have primary tax liability thereof.
Customer Initial ii..rY.®■wircriw~mn~rl~iriiui rni~r r;~lv.ra w~.~ , ..u~,. ,vr. Ma., r, „w~1NlR
RTC 5-120-7IOfi ~
ORDINANCE N0.
AN ORDINANCE AMENDING ORDINANCE 2008-091 APPROVED ON MAY 6, 2008, SO
AS TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE
PURCHASING NETWORK FOR THE ACQUISITION OF A PETERBILT 320 CHASSIS
WITH TANDEM AXLES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY
OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4220-SIDE LOAD REFUSE
TRUCK CHASSIS FOR SOLID WASTE DEPARTMENT AWARDED TO RUSH TRUCK
CENTERS OF TEXAS LP IN THE AMOUNT OF $129,300).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items shown in the "File Number" referenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
4220 Rush Truck Centers of Texas LP $129,300
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
_ . ~ ~ ~
_
BY:
3-ORD-File 4220
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Frank Payne 349-8946
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the construction of pedestrian path on Teasley Lane/FM 2181; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3966-Teasley Lane/FM 2181
Pedestrian VVay awarded to Lands Construction in the amount of $226,988).
BID INFORMATION
This bid is for the construction of a pedestrian path along Teasley Lane from Ryan Road to south
of Guyer High School. The project includes clearing of right of way, 2,600 tons of flex base,
770 square-yards of 4" fiber reinforced concrete sidewalk, 200 feet of fence, traffic control
devices and associated activities.
RECOMMENDATION
Award to Lands Construction in the amount of $226,988.
PRINCIPAL PLACE OF BUSINESS
Lands Construction
Denton, TX
STAFF COST ESTIMATE
The engineer's estimate for this project was $311,963.
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed within 60 work days from notice to proceed.
FISCAL INFORMATION
This project will be funded from account 350250453.1360.43565. Requisition 90984 has been
entered in the Purchasing software system.
Agenda Information Sheet
December 9, 2008
Page 2
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
:e
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 3966
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF PEDESTRIAN PATH ON TEASLEYLANE/FM
2181; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (BID 3966-TEASLEYLANE/FM 2181 PEDESTRIAN WAY AWARDED TO
LANDS CONSTRUCTION IN THE AMOUNT OF $226,988}.
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
3966 Lands Construction $226,988
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. 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
--l
t f~, r"
BY:
3-ORD-3966
This page left blank intentionally.
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Bob Tickner at 349-8275
ACM: Jon Fortune ~
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a public works
contract for the construction of landscape and sidewalk improvements for the Unicorn Lake
Project; providing for the expenditure of funds therefore; and providing an effective date (Bid
4177- Unicorn Lake Landscape and Pedestrian Improvements Project awarded to Calvert Paving
Corporation in the amount of $654,538}.
BID INFORMATION
The scope for this project includes the construction of one mile of 8' concrete paved trail along
Unicorn Lake Boulevard from State School Road at Briercliff Park to the Unicorn Lake Town
Center development, around Unicorn Lake, crossing the lake spillway on a 140' bow arch truss
bridge. Landscaping includes street trees along Unicorn Lake Blvd alongside Briercliff Park.
Trail lighting around the lake trail segment will provide for connectivity from Sundance Ranch,
Tuscan Hills and Unicorn Lake Town Center to the Briercliff Park at the State School Road area.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The City Council adopted ordinance #2005-354 on December 6, 2005, authorizing the City to
enter into a Local Project Advance Funding Agreement (LPAFA} with TXD~T for the purpose
of constructing pedestrian and landscaping improvements through the Unicorn Lake/Sundown
Ranch Project in the City of Denton. The project is a sustainable development grant using
Federal Highway Administration funds in an 80% federal and 20% local match.
The City of Denton Mobility Committee approved the grant submittal to the North Central Texas
Council of Governments on July 9, 2001.
RECOMMENDATION
Award Bid 4177 to the low bidder meeting specifications, Calvert Paving Corporation, in the
base bid amount of $369,538.00 plus Alternate Item #1, Irrigation Systems in the amount of
$45,000.00; Alternate Item #2, Landscape Trees in the amount of $75,000.00; and Alternate Item
#3, Electric System and Trail Lights in the amount of $165,000.00 for a total bid award of
$654,538.00.
Agenda Information Sheet
December 9, 2008
Page 2
PRINCIPAL PLACE OF BUSINESS
Calvert Paving Corporation
Denton, TX
STAFF COST ESTIMATE
The Engineer's opinion of Cost for the base bid was $639,606.00. The estimates for the
recommended alternates were: Alternate #1, $75,000.00; Alternate #2, $78,350.00; Alternate #3,
$207,504.00. The total estimated probable cost of the base bid and three alternates was
$1,000,460.00.
ESTIMATED SCHEDULE OF PROJECT
The project is expected to begin in late January 2009 with an estimated completion in 154
working days or approximately seven months.
FISCAL INFORMATION
The project will be funded by the City of Denton and reimbursed 80% from TXDOT. It is
projected the entire grant amount of $735,910.00 will be expended. The available amount for the
construction project is $669,678.00. The local share will be $133,935.60 -this be funded from
account 400097435.1360.40100. Requisition #91000 has been entered in the Purchasing
software system. Previously $13,246.3 8 has been transferred to TXDOT per the LPAFA
agreement for design and project oversight.
EXHIBITS
Exhibit 1: Bid Tabulation
Respectfully submitted:
{
e~-~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-Bid 4177
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF LANDSCAPE AND SIDEWALK
IMPROVEMENTS FOR THE UNICORN LAKE PROJECT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
4177-UNICORN LAKE LANDSCAPE AND PEDESTRIAN IMPROVEMENTS PROJECT
AWARDED TO CALVERT PAVING CORPORATION IN THE AMOUNT OF $654,538}.
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
4177 Calvert Paving Corporation $654,538
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. 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ,2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY r. Mr,,.,..-•----.~ a ✓
d
BY:
3-ORD-Bid 4177
This page left blank intentionally.
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Roy w. Minter, Jr. at 349-7925
t: ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of software and services for the deployment
of an electronic citation package from Brazos Technology Corporation, Inc., which is available
from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas
Local Government Code exempting such purchases from the requirements of competitive
bidding; and providing an effective date (File 4084-Purchase of Electronic Citation Package for
Police Department in the amount of $127,500).
FILE INFORMATION
The City of Denton Police Department has been looking for ways to improve the efficiency of
the citation writing process. This request is for the purchase and installation of an e-Citation
package for the City of Denton Police Department, and Municipal Court. The package includes
twenty four (24) Symbol MC 70 handhelds with electronic traffic and parking citation modules,
blue tooth printers, web-based access to online citation management portal from Brazos
Technology Corporation, Inc. An Automated Citation Importer (ACI) will also be purchased
from VisionAIR, at an additional amount of $12,665. with ACI, citation information can be
easily transferred into Police Records Management System (RMS).
Police officers will be able to utilize the advanced technology on the handheld to scan the
information on the driver's license and vehicle registration sticker into the ticket writer and issue
accurate citations. The device also allows officers to take the picture of the driver and/or record
the audio notes from the traffic stop which could be attached to the citation file. once the citation
is printed, the device also captures the driver's signature and has all the information ready to be
sent to the Court Infosol System.
The citation information will be uploaded to the Brazos Technology server and then imported to
the Court Infosol System and Police RMS. Citation data is electronically entered at the point of
activity, so Court personnel must no longer re-enter data from hand-written tickets. Citations are
printed singularly rather than in triplicate (or more), therefore reducing the amount of paper flow
between the Police Department and the Administrative Gfflce of the Courts. This technology
employs strong business rules that remove the need to manually transfer information from
written citation to electronic database, therefore reducing potential data entry errors and
improving the overall data integrity.
Agenda Information Sheet
December 9, 2008
Page 2
FILE INFORMATION (CONTINUED)
The Brazos Technology "BuildIT" platform allows users to modify all aspects of the electronic
citation through aweb-based interface that could be accessed through any computer with a
credential login. This unique platform provides the interface to update essential citation data,
without waiting on the vendor's customer service support to provide these updates.
This request also covers the twenty four (24} software licenses, customized reports and the first
year unlimited support from Brazos Technology. Brazos Technology Corporation Inc. is the
sole-source vendor of the e-Citation package with the "BuildIT"platform. Section 252.022 of the
Local Government Code provides that procurement of items that are only available from one
source, do not have to be competitively bid.
RECOMMENDATION
Approve the purchase of an electronic citation package from Brazos Technology Corporation,
Inc. in the amount of $127,500.
PRINCIPAL PLACE OF BUSINESS
Brazos Technology Corporation, Inc.
College Station, TX
ESTIMATED SCHEDULE OF PROJECT
The overall time frame for installation of the system which includes software training is
estimated to be 90 days from notice to proceed.
FISCAL INFORMATION
Funding for this item is budgeted in the FY 2008-09 Technology Services operating budget
account 830007438.1355.30100.
EXHIBITS
Exhibit 1: Proposal from Brazos Technology Corporation, Inc.
Exhibit 2: Sole Source Letter from Brazos Technology Corporation, Inc.
Agenda Information Sheet
December 9, 2008
Page 3
Respectfully submitted:
_
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4084
Exhibit 1
Brazos Technology Ver. 3.7
'I 'I lt~ ~iu~tEr~f'4~ . ~~~'~II ' jSl4`r ,
~ !v ~ 1Z Illu ~ ~"i;t~ ' ! nn~
~ ;ayi
e-Citation/Racial Profilin Ca tore g p
for Law enforcement
Pro osa
< < , ;
t,
Presented to:
City of
Denton
Submitted by:
R. Dale Cuthbertson
Brazos Technology Corporation
Proposal Date:
June 19, 2008
Proposal is valid for 30-days from the above-listed date.
BrazosTech Denton TLETS 3.7A Page 1 of 16
Brazos Technology ver. 3.7
Overview
It is our privilege to present the City of Denton with the benefits of implementing the electronic
hand-held ticket writers. We welcome this opportunity to engage with the City of Denton in a
successful endeavor, which will become the icon of the industry. Brazos Technology is
committed to leveraging technology to optimize the performance of law enforcement, and our
goal is to assure that your wants, needs and must haves are satisfied while performing above
and beyond your expectations of a vendor.
This proposal outlines the hardware, software and resources needed to implement Brazos
Technology's e-citation solution, with its inherent advantages, which will empower the
department to be technologically innovative as your needs evolve. It also provides budgetary
costs and outlines the next steps and assumptions in moving forward.
Thank you for your consideration. We encourage an interactive decision process, which will
allow us to answer your questions and provide clarity to ensure that you are confident in making
an informed decision.
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 2 of 16
Brazos Technology Ver. 3.7
Executive Summary
Today more and more Law Enforcement Agencies are looking for ways to improve the efficiency
of the citation-writing process. Through the use of advanced mobile technologies, the
capabilities in extending applications to mobile personnel are becoming more and more robust.
As Law Enforcement Agencies are beginning to extend applications to mobile devices, several
aspects of this solution are critical:
1) Ability to extend multiple different applications to each singular device
a) Allowing data to be "sent" from each application to each designated device
b) Allowing data to be "collected" at the point of activity and reach back to those
multiple data sources as well.
2) Ability for Law Enforcement Personnel to easily and quickly enter data (much of which can
be done through auto-population such as Drivers License swiping and VIN Tag scanning
into the mobile device.
3) Ability for Law Enforcement Personnel to easily read, enter and manipulate data via a
compact mobile device.
4) Ability to quickly dispose of (drop or throw) devices in case of emergency -without
damaging and routinely replacing each hand-held device.
5) Ability for the data to interface with the Municipal Court system.
This document outlines how Law Enforcement Agencies can leverage Brazos Technology's
Rapid Extension Framework (REFS and Symbol Hand-held Scanners to achieve these goals.
This technology is designed to afford each Law Enforcement Agency the following benefits,
including but not limited to:
~ _ _ _ _ ~ .®J . ~ _ ~ -Citation data is electronically entered at the point of
activity, so court personnel must no longer re-enter data from hand-written tickets and are
available for other tasks.
. __~_1°~~_._ _ ~ - nations are printed singularly rather than in triplicate or more ,
thereby reducing paper flow between Law Enforcement and the Administrative Office of
the Courts.
. ~ ' ~ ~ - J - -Minimize costly mistakes by enforcing business rules via
technology, reduce amount of hand written data, and remove the need to manually
transfer information from written citation to electronic database.
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 3 of 16
Brazos Technology Ver. 3.7
Brazos Technology Corporation e-Citation Solution Diagram
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1,~~~3' ~ tjtl-1~1e ~~r'.,3f e1-; r;~i 'ti'r jyl= e ~!~I~ :r=, 1411If r ,3111: Y r.,~-
t~1t 1:11.1! ~~i ~3 1 ~31i ~ 1 ~ tti~ T4T~ 7~'•~ T~3~ ~3ii1:~ r= ,3~,~T,T Gil I I I e I.1 ttrllc, e v, f f'i 11ii 1:~1'I i~:l 1:~~ 144?ti Iiirlil.~~, i 11i t~ir liii I}j~r I:~r=
~?1Gr. !_1~:It1i Iti~~ ~31'r ,~~,i I
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m° „ tip :~i~t i,.p1°ilitrl:~ 44T~111r_. i I f iii :r_~:1° 1F~ 44T~3~y11i' ~ ~t°~ 11ii i : ~ ~ - ~ 1 ■ ilf~r_'1i1:1e1°~~ i:,3t°;I .3t the Clt~ll::
e1°~~ ~~r:'.1.1111h':. I._:1t,3t1i11i
~ 1 Mr. ~ i ~ ~:If111t111_lt r:,31i 1ti~:1~_11:1r ,3~ 1-CI:1.111-Y'I:~ 111~~t11_11:t11~11~~ ~I:11- the i .fin ~ ~ i ~ ilf~rlil:lrl;
ilf~r.lil:lrl°~~ ~,1'='~i:3t~_11°r, ;itif~ i:,iti~_Ir_. I:lr_:~,1'=~Ti~l:~
- °g ; ,,,~:.~,.,-.A ~ '~I~~~ ti 11ii,3tl=1i t11e '~:Irl=1'L11= t r[~1_lit°elilellt' i Ifr_.,31=1i F'L~'.
F e ' ~ ~£}F~
~ ~
__i 1_ iii i,~ r ;7 r' __1 _ ~ ~ T_T ~ ~ I•._~L11_ 1.1 44T1t1i F-~TT1ii:~~. i1 i 5i 5~r} io'.I r''lh'. I Itllt
4 9~. nP,.
-f,'
?~i r1111_lr G4T1t11 iT r1r~,~, ,•Y'.f_:~t tl ~'~I111tC1
Y P + - , - _ ~~_~~3~!tlll rl:~ ~~_~1t~3t1! IIl~, 1.1~i1i 1,3[~~°I:~ ltlt! I t~lr ,3~I~i1-I i~lt-1,3tr ~'L.1
T ~ ~ i~ ~ r ~_i - ;31i1: I'.+I~_~rn~:1~:I. i._:~Il_11~ L:',3t~3i,3~,r~, i; 44?1t ir_Il_lt t ie 1i1~r[ tilt- ,3ti ~ ,
~ ltitet-tiie1:11~3t-;T ~~et?;r1-,i. ~ ~ ~ _ s _ mM O f~c et~~ s1m 1 lie e the handheld de~1e e ~ it7 their
cradles at the end of the ~hii~ and all eitation~ are
~ r~,~ «~r . dawnlaaded a~tan-iaticall~, v~rhile ~aiare ~~~-ade~ and
Ivlunici~al court ~1tid Palice I~e~artrtient chan~e~ da~rt~laad to the deices autotriaticall~ well.
Note: This is only a sample layout of communication between resources. This entire process is
GuSfOmizable depending upon , particular needs.
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 4 of 16
Brazos Technology Ver. 3.7
About Brazos Technology Corporation
Brazos Technology provides solutions and services designed to optimize the use of mobile technology
within an organization - with a strong focus on extending Law Enforcement applications and databases to
devices in the hands of Law Enforcement personnel.
Brazos Technology was formed in 2000 and is committed to providing rock-solid solutions that are
applicable and relevant to the unique needs of the men and women in law enforcement. We are based in
College Station, TX and are an approved CISV vendor with the state of Texas.
With more than 40 agencies actively using the Brazos Technology Ticket Writer, Brazos has been able to
establish a proven track record of combining a solid solution with superior implementation, training and
customer service.
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 5 of 16
Brazos Technology ver. 3.7
About Brazos Technology Corporation's Partner -Symbol Technologies, Inc.
Symbol Technologies, Inc., founded in 1975, is a global leader in secure mobile information
systems that integrate application-specific handheld computers with wireless networks for data,
voice and bar code data capture. Symbol products and services increase productivity and
reduce costs forthe world's leading retailers, logistics and transportation companies,
government agencies, manufacturers and providers of healthcare, hospitality and homeland
security.
Symbol's proven technology delivers efficiency. A unique combination of industry-leading
innovation and award-winning ergonomic design, with miniaturization, superior power
management and product ruggedization is the hallmark of Symbol's products.
Automated Citation Solutions -Symbol Technologies
Throughout the world, most law enforcement citations issued by police officers or officials for
traffic or other minor violations are handwritten. After issuance, the citations (also called tickets,
violation notices or infringement notices) are then manually entered into multiple databases
using akey-based system. These manual systems are prone to many data entry errors or
misinterpretation due to illegible writing.
Data entry error from these manual processes has far-reaching cost,
efficiency and accuracy implications at each level of government:
e
. Police services, departments and authorities: inaccurate records of
violations ~,aw ~ ~
~ 4. .Court and 'ustice services: reduced abilit to rosecute convict or 1
J Y p m collect revenue efficiently ~ ~
. Motorvehicle de artments: inabilit to ensure that motorists with ~F~..~t~ p y i
repeat violations remain off the road
. Transportation departments: inability to plan infrastructure y
improvements related to traffic signs, signals and congestion areas
Because of these inefficiencies and the resulting low productivity, the old manual key-based
data entry processes have a negative effect on the organization's ability to serve the public.
A proven solution is available to eliminate these inefficiencies: wireless handheld mobile
computing systems.
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 6 of 16
Brazos Technology ver. 3.7
Software
Remote Data Capture (RDC) -Designed to run on any Windows CE or Pocket PC mobile
device, RDC has been specifically designed for the unique constraints of a mobile device, to
include small screen size, lack of true keyboard for entry, and the availability of barcode
scanners and camera. RDC is completely flexible, allowing forthe enforcement of business
rules specific to your needs, to ensure speed and accuracy in performing mobile tasks and data
collection. RDC supports any number of tasks, allowing a single device to serve in many
capacities simultaneously. Brazos Technology refers to the combination of a mobile device and
the RDC application as "an RDC".
Brazos Technology's RDC has also been specifically tailored to work in an e-Citation
environment to meet the unique demands of each individual law enforcement agency- and with
little effort be able to meet the constant demands brought on by:
. Changes in local and national laws,
. Changes in business processes,
. Changes and upgrades of back-end systems connecting to the mobile devices,
. And changes and upgrades of the mobile devices themselves.
Training
Brazos Technology provides training on two levels - (1) the administration and operation for
overall management of the framework and configuration and (2) the mobile device user for the
daily tasks, which will be performed using the e-Citation platform. One or more persons should
be identified as the designated trainer(s~. Brazos Technology will equip the designated internal
trainers to perform training as needed.
Brazos Technology also offers a more comprehensive training program that entails having a
Brazos representative on-site during the rollout of the application. During the rollout phase, the
Brazos representative can `ride-along' with the officers to provide on the job training -which has proven to be the most beneficial way to ensure officer is up to speed in the most
efficient way
possible.
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 7 of 16
Brazos Technology Ver. 3.7
Hardware Symbol MC70 with 2D Barcode Scanner
M~,
~:w~ . lYi F P ~I
8 r. .5„
Yr` p
1
4~&/ „fi
~ ~ , ~ n ~r
;'v. ~ 4=
Rated fora 4-5 foot drop to concrete and water resistant means your officers will be using the most
rugged, reliable ticketwriter available! Using it in the rain is also no problem. It has a 624MHz processor,
128 MB of RAM, Microsoft Mobile 5.0 operating system, 802.11 connectivity, a Bluetooth radio, and
optional cellular capability. This device has abuilt-in 2D scanner which allows the Brazos Solution to
capture pictures, associate those pictures with the citation, and scan 2D barcodes.
For complete technical specifications, please go to the following URL:
http:l/www.sym bol . comlM C70!
ZEBRA RW420 Printer
N . ~Sa: r a .v ;i'
i~tfi°I'I~g1k~ ii ii~~
~ llt" A{, t,W.
Itl { S
i j ~'i
~~T r~
~ ~b s~
i~.,
Designed for the Road Warrior, the Zebra RW 420 is a mobile printer ideal for Law Enforcement
applications.lts convenient vehicle mounting and charging options, as well as its user-intuitive interfaces
and angled display allow for ease-of-use while on the go!
For complete technical specifications, please go to the following URL:
t . r/ / /i / t~ri ~ ilk I
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page $ of 16
Brazos Technology Ver. 3.7
Number of mobile devices: 24
Number of MDC's: 0
Description Price
Software and Services $36,850
Hardware -Printers $30,277
Printer Paper $340
Hardware -Devices (based on Symbol MC70) $60,033
TOTAL PROJECT PRICE $127,500
Leasing available through 7 Leasing, LLC Price
3 ANNUAL PAYMENTS (With first payment due in arrear) $47,611
Leasing information is for sample only. Call to confirm leasing rates/terms
36 MONTHLY PAYMENTS $3,873
**Additional terms and options are available.
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 9 of 16
Brazos Technology Ver. 3.7
Software and Services
Descri tion Unit t Extended p Pri Q Y Pri ce ce
Brazos RDC Software
, One (1}year maintenance/support
, Citations
, Warnings
Field Interviews $650 24 $15,600
, Parking Tickets
, Stand-alone Racial Profiling (when not captured via the other
methods)
Setup and Configuration of Solution
*One-time fee independent of number of devices
, Customized Screen and Print Layouts (from an existing layout)
, Creation of Web report that is exactly like defendant citation
Customization of Offenses (includes additional information)
Import of Officer Information
Im ort of Location Information if a licable $7,500 1 $7,500 p ( Pp )
Implementation of Bluetooth communication between mobile device
and printer
, Integration with court software
Installation of all software at customer site
Customization of additional reports
**Translation Services - $200 fee 1 language $200 0 $0
Training
, Two (2}days of officer/employee training
, One (1 } day of administrator training $2,500 1 $2,500
, Includes classroom and OJT training
, All documentation
* Travel and expenses are included
Additional trainin rovided at $1,250 er da $1,250 1 $1,250
TLETS Message Switch
Standard MDC Requests & Returns $10,000 1 $10,000
Annual License and Support -1 to 50 Users
* Additional Users be and 50 - increments of 50 $2,500 0 $0
Total for Software and Services: $36,850
CopyrightO 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 10 of 16
Brazos Technology Ver. 3.7
Hardware -Printers
Assumes all devices are not mounted in vehicles and that the wall charger is purchased.
Descri tion Unit t Extended p Pri Q Y Pri
ce ce
Zebra RW420 Bluetooth Printer
, One (1}year manufacturer's warranty
, Bluetooth Communications $731 24 $17,544
*To charge this printer you will need either the vehicle orwall mounted
chargers below
Motorcycle Chargerfor Printer (optional)
, 12VDC with pigtails to wire directly into a vehicle $95 3 $285
Wall Charger for Printer (optional)
, 110VAC plug to recharge the printer from a standard wall socket $65 0 $0
Vehicle Doc wlCharger for RW420 (optional)
Docking unit to secure printer in vehicle installations $250 0 $0
Additional Batteries for RW420 (optional) $78 21 $1,638
Zebra Charger Quad Li-Ion 4-Bay Battery Charger $345 6 $2,070
Extended Warranty for RW420 (optional)
, 4 years Bronze Support $380 23 $8,740
, 3 - 5 Day turnaround
Total for Printers: $30,277
Supplies
Descri tion Unit t Extended p Pri Q Y Pri ce ce
One case (36 rolls) of standard thermal paper $g5 4 $340
One case (36 rolls) of Poly thermal paper $250 0 $0
Total for Printer Paper: $340
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format} and information contained herein (collectively, "Material"}
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 11 of 16
Brazos Technology Ver. 3.7
Hardware - MC70
Descri tion Unit t Extended
p Pri Q Y Pri ce ce
7 I
I' t RECOMMENDED DEVICE EI,I' ~ ~v~,~~;~,
,f ~ t as?~~r~~;',
Symbol MC70 (2D Imager) ~
~ * Described above $1,710 24 $41,040
~~i * Includes AT&T Cellular Capability
r~
Magnetic Stripe Reader Attachment $175 24 $4,200
No Cellular Capability $208 0 $0
Cellular AT&T1Cingular Capability with GPS $70 24 $1,680
Cellular Sprint Capability $209 0 $0
Cellular Verizon Capability $278 0 $0
Single Cradle for MC70 (optional)
• Price includes all cables $175 0 $0
• Requires Microsoft ActiveSync and computer w/Internet connection
4-bay Cradle for MC70
*Highly recommended $525 6 $3,150
Price includes all cables
Extended Warranty for MC70 (optional)
. 3 years Bronze Support
. 3 - 5 Day turnaround $290 24 $6,960
. Comprehensive Coverage (no fault}
. *Can only be purchased with new device
Additional Extended Life Batteries for MC70 (optional) $g3 21 $1,743
• 2x Batteryw/door and handle strap
4 -Bay Battery Charger for Extended Life Batteries (optional) $210 6 $1,260
Auto Charger Cable (optional) $122 0 $0
• Auto Charger Cable for MC70 w/cigarette lighter adapter
4 -Port USB Hub if required for installation (optional) $gg 0 $0
Total for MC70: $60,033
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 12 of 16
Brazos Technology Ver. 3.7
Ongoing Software Fees
Annual Fees after the first year
Brazos Technology $200 J unit
e-Citation updates, license renewal
Brazos Technology e-mail Support
Std maintenance covers configuration changes and customized reports.
Interface to Court System $650
Interface to RMS System $650
*Any additional interfaces have an annual support cost of $650 ea.
TLETS Message Switch (installed), annual license and support (1-50 Users} $10,000
*additional user annual support = $2,500/50 user increment
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 13 of 16
Brazos Technology Ver. 3.7
Point of Contact
The City of Denton and the Denton Municipal Court will have one (1) point of contact for
implementation of software and subsequent maintenance needs. The point of contact with City
of Denton will be determined later.
Brazos Technology will schedule aKick-off Meeting with client to confirm configuration
information and schedule Implementation and Training.
Payment Terms
Brazos Technology Corporation will bill the City of Denton for hardware upon delivery. Standard
Net 30 terms apply.
Brazos Technology Corporation will bill the City of Denton forthe remaining balance upon
completion of installation and delivery of Phase I of this solution.
Standard Net 30 terms apply.
Mutual Responsibilities
The successful implementation of this project is contingent upon two primary factors:
Brazos Technology's dedication to support the City of Denton throughout the pre-
implementation and implementation phases, as well as throughout the lifecycle of the
software to timely respond to support needs and
2) For the Municipal Courts and the Police Department to work diligently with Brazos
Technology to identify and document its requirements and needs for this project (to be
documented during pre-implementation phase} - as well as to show the dedication of its
workforce to adopt such technology.
Rapid and Easy Extension of Other Applications
Because of Brazos Technology's unique methodology for extending applications to the mobile
paradigm, the following are just a few examples of applications that could easily be extended to
the mobile units literally within days of being requested by each agency (please request a quote
for this capability -not included in this quote)
Accident/Crash Reports
Seized Property and Evidence Tagging and Tracking
Replacement gear ordering by officers
Vehicle repair work-order submissions
Community outreach Programs Applications
Rotation Wrecker Management System
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 14 of 16
Brazos Technology Ver. 3.7
Assumptions
The following are assumptions on which the recommendations in this Proposal are based:
~ .All information sources required for the mobile device are accessible through the City of
Denton network or the Internet.
2. Brazos will utilize the standard Infosol interface for the Municipal Court System.
3. Real-time TLETs queries are not required at this time. (unless indicated on page 10~
4. An active internet connection is available at the location where the synchronization device
will be installed.
5. Brazos Technologies does not provide installation services for hardware to be "mounted"
into vehicles.
6. Any interface costs levied by Court or RMS system providers are separate and not
reflected in this proposal
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 15 of 16
Brazos Technology Ver. 3.7
Signature Approvals
Approval of this proposal document represents an agreement to accept the charges for the
activities as stated previously. Any revisions to this agreement will necessitate inclusion of
written amendments and prior written approval of all signing principals.
The authorized signatures below represent agreement with the proposal and represent
authorization to proceed with the work as defined.
Total project price $127,500
Agreed to and Accepted by:
City of Denton Brazos Technology Corporation
Signature Signature
Printed Name Printed Name
Title Title
Date Date
Copyright0 2008 Brazos Technology Corporation, Inc. All rights reserved.
All material (in whatever medium or format) and information contained herein (collectively, "Material")
is proprietary and confidential information of Brazos Technology Corporation.
BrazosTech Denton TLETS 3.7A Page 16 of 16
Exhibit 2
P.O. By~oyyx'/yip 0~~ ~
IIII }ti1~~.4~11ir~`~hV~ /~`y
c~ll~~~ LQ~~~~t ~ ~f L u~rww.braza~tech.com
dune ~ , ~0~~
Denton Polio ~epartr~ent
~0~ E. ~~cicory fit, te~ E
. Denton, T~ 1~~g5
To Uvhan~ It IUfay ~ancern:
This letter serves as ~ sale source document for products manufactured by Brazos Technology.
The Brazos Technology ~~iId1T platform is the only platfarn~ that ~Ilov4rs users to rnodify all aspects of their
. Electronic citation solution though a webWbased interface. This web based taolkit rr~ean that the pity does
not have to insfiall software in their environrr~er~t in orderto make any change to the citation solution which
dramaticaliy reduces the Dityrs cost overthe life of the project. The City can also use this tooikit to build other
mobile applications that are unrelated to electronic citations and further leverage the original hardware
investment.
To the best of our knowledge, no other vendor r~anutactures and distributes these ar similar items. Please let me know if you should need further details.
Sincerely,
Michael . II~IoAleer
President
~razas Technoiagy
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF SOFTWARE AND SERVICES FOR THE DEPLOYMENT OF AN
ELECTRONIC CITATION PACKAGE FROM BRAZOS TECHNOLOGY
CORPORATION, INC., WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE
TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM
THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (FILE 4084-PURCHASE OF ELECTRONIC CITATION
PACKAGE FOR POLICE DEPARTMENT IN THE AMOUNT OF $127,500).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4084 Brazos Technology Corporation, Inc. $127,500
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specie ed by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.r
m,. 'F..-~,,` ~
BY:
4-ORD-File 4084
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Mike Ellis 349-8424
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the repair of a Caterpillar Model D7T Dozer for the City
of Denton Landfill from Holt CAT, which is available from only one source in accordance with
the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such
purchases from the requirements of competitive bidding; and providing an effective date (File
4221-Dozer Repair for City of Denton Solid Waste Department in the amount of $92,705.82).
The Public Utilities Board will consider this item on December 8, 2008.
FILE INFORMATION
A D7 Caterpillar dozer was purchased for the Solid Waste Department in May 2003 at a cost of
$515,043. This unit (SW0324} has seen continuous service at the Landfill and has accumulated
approximately 9,250 hours of run time. Although preventative maintenance schedules have been
adhered to, extensive repairs to the undercarriage, final drive system and engine are currently
require .
Holt Caterpillar submitted an estimate in the amount of $92,705.82 for replacement of worn
undercarriage parts, rebearing and resealing of final drive components, and as a preventative
measure, a level II engine overhaul.
Current dollars necessary to replace this piece of equipment are estimated at $600,000. This has
been determined to be a sole source acquisition since Holt CAT is the only authorized Caterpillar
dealer for repairs of this magnitude and with the ability to extend the original manufacturer
warranty after repairs are completed. Section 252.022 of the Local Government Code provides
that procurement of items that are only available from one source do not have to be
competitively bid.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utilities Board will consider this item at its December 8, 2008 meeting.
RECOMMENDATION
Approve the repair costs of $92,705.82 to Holt CAT for unit# SW0324.
Agenda Information Sheet
December 9, 2008
Page 2
PRINCIPAL PLACE OF BUSINESS
Holt CAT
Irving, TX
ESTIMATED SCHEDULE OF PROJECT
The repair of the dozer can be completed within 90 days of receipt of the purchase order.
FISCAL INFORMATION
This item (SW0324} will be funded from account 660300.7844. Requisition 90973 has been
entered in the Purchasing software system.
EXHIBITS
Exhibit 1: Quote from Holt CAT
Respectfully submitted:
r`'~`---~ ~ - ~,e~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-File 4221
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ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
REPAIR OF A CATERPILLAR MODEL D7T DOZER FOR THE CITY OF DENTON
LANDFILL FROM HOLT CAT, WHICH IS AVAILABLE FROM ONLY ONE
SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER
252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH
PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND
PROVIDING AN EFFECTIVE DATE (FILE 4221-DOZER REPAIR FOR CITY OF
DENTON SOLID WASTE DEPARTMENT IN THE AMOUNT OF $92,705.82).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
described in the "File" listed hereon, and on file in the office of the Purchasing Agent,
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
4221 Holt CAT $92,705.82
SECTION 2. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specie ed by the Purchasing
Department.
SECTION 3. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
.r __,A.
F
BY:
3-ORD-File 4221
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008 Questions concerning this
acquisition may be directed
DEPARTMENT: Materials Management to Roy VV. Minter, Jr. 349-7925
i ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute a Professional
Services Agreement with the arm of Ponder Veterinary Hospital to provide sterilization and
rabies vaccination services for the City of Denton Animal Services Center; authorizing the
collection of funds therefor as reflected in the Fee ordinance; and providing an effective date.
RFP INFORMATION
0n February 22, 2005, Council directed staff to pursue aone-stop adoption program. In August
2005, the City released a Request for Proposal (RFP} seeking bids from qualified veterinarians to
provide sterilization and vaccination services for animals adopted out of the City animal shelter.
A contract was awarded to a Southridge Animal Hospital and was renewed for two additional
years. The contract was limited to a maximum of three total years before requiring a new bid. In
the past three years, the City Animal Shelter has adopted 1,950 animals to the public. The one
stop adoption process has been very successful. 0n September 9, 2008, the City released a new
RFP seeking bids from qualified veterinarians to provide sterilization and vaccination services
for animals adopted out of the City Animal Shelter.
The RFP established the following grading criteria to be used in evaluating the vendor proposals:
Professional Background and Qualifications of Key Personnel (10%)
Relative Prices for Services (25%}
Previous Experience in Sterilization Program Projects (10%}
References of Previous Clients (15%}
Capability to Perform All Aspects of Project (20%)
Familiarity and Proximity to Project Location (10%)
Description and Methodology to be used in Completing Work (10%)
After the RFP was released, the City received proposals from six local veterinarians:
1. Animal Hospital on Teasley Lane
2. DVMS Consult
3. Guardian Pet Hospital
4. Ponder Veterinary Hospital
5. Southridge Animal Hospital
6. Texas Coalition for Animal Protection (TECAP}
Agenda Information Sheet
December 9, 2008
Page 2
RFP INFORMATION (CONTINUED)
A selection committee was established to review the proposals and make a recommendation to
Council. The members of the committee were from the Legal Department, Police Department,
Animal Services, a Citizen Advisory Board member, and a Citizen Animal Shelter volunteer.
The selection committee was given all the proposals to review on September 29, 2008. The
committee met on October 7, 2008 and discussed the proposals and determined that three of the
bids were substantially better in terms of the grading criteria from the RFP. The top three bids
were:
1. Animal Hospital of Denton
2. Guardian Pet Hospital
3. Ponder Veterinary Hospital
Selected members of the committee toured the facilities of these hospitals on October 8, 2008.
The full committee held an oral interview of the veterinarians from these three hospitals on
October 17, 2008. The committee discussed the top three proposals, and each committee member
submitted a grade sheet for the top three hospitals. Exhibit 1 provides a complete grading
composite for these three hospitals. Exhibit 2 provides a comparison of their facilities and
services.
RECOMMENDATION
Award a contract for sterilization and vaccination services to Ponder Veterinary Hospital.
PRINCIPAL PLACE OF BUSINESS
Ponder Veterinary Hospital
Ponder, TX
ESTIMATED SCHEDULE OF PROJECT
This is a one-year agreement with the option to extend for two additional one-year periods with
all terms and conditions remaining the same.
FISCAL INFORMATION
This adoption program and contract with Ponder Veterinary Hospital will not have a direct fiscal
impact on the City. The cost of the services performed by Ponder Veterinary Hospital will be
passed onto the adopters at the time they select an animal for adoption.
Agenda Information Sheet
December 9, 2008
Page 3
EXHIBITS
Exhibit 1: Grading Composite
Exhibit 2: Comparison of Facilities
Respectfully submitted:
{
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
1-AIS-RFP 4156
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Exhibit 2
ANIMAL SERVICES VETERINARIAN C~MPARIS~N
Ponder
VET HOSPITAL Veterinar Animal Hospital Guardian Animal y Teasley Lane Hospital
Hospital
location
Ponder Denton Denton
Vet Staff 2 full time 1 full time 1 full time relief staff available
Techs 6 1 2
1 7 2
Office Staff
Yrs in business 33 20 19
Kennels Cat 18 14 sm 4 big with the dogs
Dog Sm 12 13 10
Dog Med 10 9 3
Dog Lg 12 7 2
ISO 2 & 1 parvo room 2 run 3 cages No
Quarantine 0 0 0
Over flow Yes outside barn No No
Daily Pick ups Yes Yes Yes
Hours of operation 51/2 days 51/2 days 4
After Care offered yes 1 wk ck free none in bid none in bid
yes vet on call refer to ER refer to ER
After hoursvet
Overnight stay or released same day Over night same day same day
Alt. all shots, testing package yes yes Yes
30,000 Numberof animalssterilized
yes Some Limited Has done High volume sterilizations
Early spay/neuter yes 11/2 pds yes yes
Appendix B
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH THE FIRM OF PONDER VETERINARY HOSPITAL TO
PROVIDE STERILIZATION AND RABIES VACCINATION SERVICES FOR THE CITY OF
DENTON ANIMAL SERVICES CENTER; AUTHORIZING THE COLLECTION OF FUNDS
THEREFOR AS REFLECTED IN THE FEE ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
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
associations applicable to the Provider's profession and such fees do not exceed the maximum
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 Ponder Veterinary Hospital, to provide vaccination, sterilization and related services
for the City of Denton Animal Services Program, 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 findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2008.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FARM:
ANITA BURGESS, CITY ATTORNEY r.
Mr,,.,..-•----.~ a ✓ d
,a
BY:
4-ORD-RFP 4156
This page left blank intentionally.
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the Noise ordinance for the purpose of amplified sound
for a Christmas celebration program held on the Downtown Courthouse lawn. The event will be
on Saturday, December 20, 2008, from 1:00 p.m. until 5:00 p.m. The exception is specifically
requested for an increase of decibels for amplified sound from 65 to 70 decibels.
BACKGROUND
Ms. Inersca Lockhart is coordinating this first time event on the Downtown Square. She plans to
have Christian music concerts, bounce houses, dance performances, art exhibits, food and fun.
She anticipates the live music being over the allowable 65 decibels.
PRIOR ACTION/REVIEW
None
FISCAL INFORMATION
None
EXHIBITS
1. Letter of Request
Respectfully submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
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AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT - DCA08-0004 (Subchapter 1 S Development Code Amendments)
Consider the adoption of an ordinance of the City of Denton, Texas, correcting, Hunt pro tunc,
an inadvertent mistake in Ordinance No. 2008-134, specifically its amendment of Subchapter
35.15.10.6 of the Denton Development Code.
BACKGROUND
On June 17, 2008, the City Council approved Ordinance No. 2008-134, which: amended
Subchapter 35.15.10.6 of the Denton Development Code, pertaining to the definition of
"premises" as it relates to signs; amended Subchapter 3 5.15.10.6 of the Denton Development
Code, pertaining to the relocation of signs; and created Subchapter 3 5.15.18.8 of the Denton
Development Code, pertaining to relocation, reduction and mitigation of legally nonconforming
and prohibited signs. In drafting the ordinance, specifically in Section 35.15.10.6, pertaining to
relocation of signs, the ordinance failed to conform to the information provided to City Council
at the meeting when the ordinance was adopted. The information provided to the City Council
was as follows:
"35.15.10.6 Relocation
Notwithstanding any other provision of this Subchapter, any sign which is a legally existing
nonconforming sign maybe relocated i if the
property upon which the sign is located is
acquired by any through the exercise of its power of eminent domain.
The ordinance approved on June 17, 2008 stated:
"35.15.10.6 Relocation Under Eminent Domain.
Notwithstanding any other provision of this Subchapter, any sign which is a legally existing
nonconforming sign maybe relocated ~ if the QR property upon which the sign is located is
acquired by any governmental
through the exercise of its power of eminent domain.
The attached ordinance corrects the previous draft in the sections noted.
OPTIONS
1. Adopt amended Ordinance as presented.
2. Direct staff to prepare maj or changes and return to Council.
3. Deny the amendments.
EXHIBITS
1. Draft Ordinance
RECOMMENDATION
Staff recommends approval of this item.
Prepared by:
Chuck Russell, AICP
Planning Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Planning Director
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ORDINA~CEl~O.
AN ORDINANCE OF THE I'I`Y OF D~~TO~, TEXAS, NUNS PRO TN, ORRET~1 A~
Il~ADVERTENT MISTAKE IN ORDINANCE NO. ~~08~134, ~FE~F~~ALLY ~T~
Al1~ENDMENT OF UBHAPTER ~~.I5.10. OF 'I'II DENTON DEVELOPIV~NT BODE; . .
PRODIN~x FOR A FENALT~ IN THE AMOUNT OF 2,aaa. as FAR VIOLATION
T~IEREOF; FROVfDfN FOR E~ERABIL~T~, A~INC AND UFERED~TRE; ]
PRO~IDI~V~ FOR AN EFFEGTI~E DATE.
wHEREA, on dune I7, 2~~5, ~ Ordinance X048-134 the pity ouneil approved an
an~end~nent to carious sections within Subchapter 3 l ~ of the Denton Development bode; and
HEREA, there was an inadvertent znistae in the draining of Ordinance TVa. 24a-1 4,
specif~eally in Section 5. I5.1 ~ pertaining to the relocation of signs, a the ordinance failed to .
conform to the information provided to pity council t the meeting when the ordinance was
approved; and
WHEREAS, the 1ty Council has the inherent power to retroactxve~y correct such rn~stakes to
reflect the truth of what was actually approved b~ the City Council when approving the ordinance;
and
WHEREAS, the City Council ~~nds that the action tal~en herein i in the public interest;
NOW, THEREFORE, .
THE COUNCIL OF THE QTY O~ DENTON HEREBY ORDAINS
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance ~o. 2~~8-1 ~~4, providing for the amendment of portions of
Subchapter 3, I5, l~. of the Denton Development Code is hereby arr~ended, to the limited extent
necessary, to correct an inadvertent rnistal~e, and shall instead read as follows:
X5.1 ~.1 a. Relocation Under Eminent Domain.
Notwithstanding y other provision of this Subchapter, any sign which is a legally existing .
nancon.forn~ing sign nay be relocated if the property upon which the sign is located i acquired bar .
any condemning authority through the exercise or threat of Its pager off` en~~nent don~.n.
A. Restrictions: The land upon which the sign is to b relocated shall;
1. Be within the same lot or tract as the original location; ar
If on a different lot or tract, establish a relocation site within 1 of the area
acquired by the condemning authority. if the relocation site is not already owned or
leased by the sign owner, it may be acgixed at the expense ofthe sign owner or the
condemning authority.
i
B. Such relocated sign shall be placed, insofar as possible, as to comply with alb e provisions
of this Subchapter.
This section does not preclude the option of voluntarily relocating billboards under
~ 3 5. ~ 5.18. S, provided that all candit~ons therein are satls~ied.
SECTION . All provisions of Ordina~.ce X008_ l4 and the Denton Development Cede not
specifically amended herein shall continue i~ force and effect; however, the provisions of this
ordinance shall govern and cor~tro~ over any conflicting provisions of Ordinance 2008- l ~4, to the
extent of any such co.~lict.
SECTION 4. Any person violating any provision ofthis ardinar~ce shall, upon convictionx be
fined a sum. not exceeding ~,D~O, 0~. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION This ordinance shai~ become effective fourteen ~ ~ 4}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 D~n~o~ ecor~-C'~ronic~e, a daily newspaper published in the City ofDenton,
Texas, within ten X10} days of the date of its passage and approval.
P.ASED AND APPROVED this the day of z 2008
. SARK A. BURROG~S, IVIAYOR
ATTEST: .
.~E1~TNIFER wALTERS, CITY SECRETARY .
BY:
APPROVED AS TO LEGAL FORS:
J0~ . ~NIG~T, IN.T ATTORNEY
B~
i
PAGE 2
i
CITY OF DENTON CITY COUNCIL MINUTES
November 4, 2008
After determining that a quorum was present, the City Council of the City of Denton, Texas
convened in a Work Session on Tuesday, November 4, 2008 at 3:00 p.m. in the Council Work
Session Room at City Hall.
PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno,
Mulroy, Thomson, and Watts.
ABSENT : None
1. Staff responded to requests for clarification of agenda items listed on the agenda for
November 4, 2008.
Mayor Burroughs noted that Consent Agenda Item I was not awarded to the low bidder and that
there was no delivery schedule.
Chuck Sears, Engineering Division Manager, stated that the bid was awarded to the bidder which
met specie cations. The low bidder had no prior track record, the insulators were not the same
and some items on the bid list had been omitted. It was determined that this was not a
responsible bidder. They also had a longer delivery schedule.
2. Council received a report, held a discussion and gave staff direction regarding the
creation of a tax increment financing (TIF) district for Denton downtown redevelopment.
Mayor Burroughs asked about the presentation of the TIF to Commissioners Court.
City Manager Campbell stated that the presentation to Commissioners Court had to be made
prior to the City's public hearing. Unfortunately, the item did not get included on their agenda
and because it was not posted, staff could not make the presentation to the Court. His
recommendation would be to discuss the item, cancel the public hearing on the TIF and
reschedule it after it was properly advertised and presented to the Court.
Bryan Langley, Director of Finance, stated that he had modified the original financial projections
based on the revision of the boundaries of the proposed TIF. He now projected that the General
Fund ad valorem tax revenues would be reduced by an average of $122,325 from FY 2010 to FY
2013 if the proposed TIF were approved. In addition, he projected that ad valorem tax revenues
would be reduced by an average of $351,351 from FY 2014 to FY 2018 and $618,449 from FY
2019 to FY 2023. Both projections showed that the fund balance would decline as percentage of
expenditures during the next five years. As noted earlier, a plan would be needed to address the
target level whether the TIF was approved or not.
Council Member Mulroy stated that at the last meeting one of the final questions was a relook at
the ad valorem tax base or reduce the tax base. He questioned if other models were examined.
Langley stated that they had looked at the same model with the tax base. They also looked at
possible ways to get to the 12-15% rate such as increasing taxes, lowering expenses in the
General Fund, raising franchise fees, or adjusting various fees. If the TIF were approved the five
year forecast would have to be amended.
Council Member Mulroy questioned the City's recent experience with bond ratings.
City of Denton City Council Minutes
November 4, 2008
Page 2
Langley stated that the City had an upgrade in bond rating.
Council Member Mulroy stated that part of the rating agency's rationale for the upgrade centered
around the reserve fund balance being 15% or greater.
City Manager Campbell stated that the rating agencies were aware of the declining fund balance
over the next five years. They knew it would be going down.
Langley stated that the potential tax rate increase for just the TIF would be 0.2 cents beginning in
FY 2009-10. If there were no growth in the TIF district, there would be no loss of revenue. If
the TIF was successful in generating economic development in the downtown area, the exact
impact would be unknown. That information was not included due to the uncertainty of the
magnitude of the effects that would be achieved.
Council Member Mulroy asked for the differential in the tax rate in order to achieve the 15%
reserve fund balance.
Langley stated that the tax rate would have to be 7.2 cents. However, in 2013 expenditures and
income would be about the same so the rate would have to be reduced the next year so as to not
overcompensate.
Council Member Mulroy stated that the total potential tax rate would be 9 cents with the 2.5 cents already figured in for FY 2011.
Linda Ratliff, Director of Economic Development, reviewed the boundaries of the downtown
business districts including the proposed TIF. If approved, the TIF would not have any funds
until 2009. The amount of funds at that time would only be about $13,000. However, approval
of the TIF would mean that a plan with design standards was in place with a funding mechanism
ready to go when needed. The revised TIF boundary was shown with some residential area
removed and the public property eliminated from the equation. When the public property was
eliminated from the calculation, the percentage of residential properties exceeded 10% so a large
area of residential property previously included in the southwest area of the zone was eliminated.
The revised residential calculation, excluding pubic property and considering multi-family
properties with less than 5 living units was now 7.4%.
Criteria for the Downtown TIF showed that the area impaired or arrested the sound growth of the
municipality due to a substantial number of deteriorated or deteriorating structures, the
deterioration of site or other improvements, a predominance of defective or inadequate sidewalks
or street layout and/or conditions that endangered life or property by fire or other causes, such as
flooding, and other factors. Examples of structures eligible in the TIF were shown.
Council Member Watts asked if the floodplain issue was still in the acreage.
Ratliff indicated that the floodplain now only went through a tiny portion of the proposed
district.
City of Denton City Council Minutes
November 4, 2008
Page 3
Council Member Watts expressed concern whether the TIF was the right tool due to a timing
perspective. Expediency and the ability to move quickly were paramount. The projects were far
out due to a timing perspective for receiving funds unless the City loaned the TIF the money.
Ratliff stated that the City could sell bonds and then be reimbursed with TIF funds when they
became available.
Council Member Watts stated that would assume that the TIF would generate enough revenue to
pay back the general fund dollars.
Ratliff stated that another option was to have the developer pay for the project and then be
reimbursed through TIF funds.
Council Member Thomson stated that one advantage of the TIF was having the County also
participate.
Mayor Burroughs felt that creating a TIF created a tool for a developer to use to help with a
project and be reimbursed for the project.
Council discussed the limits of financing for the TIF and the setting of the funding cap.
Council Member Watts asked about the number of members on the board of directors.
Ratliff stated that according to the legislation, there could be as few as five and as many as
fifteen.
Council Member Watts stated that there could be 7 members, one selected by each council
member. He felt term limits also needed to be addressed.
Ratliff stated that the terms would be two year terms. one charge for the board would be to
complete bylaws.
Council Member Mulroy asked if the language of the ordinance supported the transit project.
City Attorney Burgess stated that when the final proposals were done, more specific language
could be included.
Council discussed the projects for the TIF, language for funding TIF projects, and apportionment
of funding in the TIF area versus out of the TIF area.
Council Member Mulroy felt that the short term did not immediately address some of the issues
needed. A total financial picture was lacking and he did not understand the full picture at this
point in time.
Council Member Moreno stated that the fund balance would decline with or without the TIF and
decisions would have to be made in upcoming years. He felt that the downtown area defined the
character of the community and any tool available should be used to keep it viable.
City of Denton City Council Minutes
November 4, 2008
Page 4
Mayor Pro Tem Kamp stated that this proposal was not rushed into. The Economic
Development Partnership Board, Chamber of Commerce and downtown business owners had
been involved in the proposal. No one was against this proposal as it would benefit this area.
The TIF was a flexible tool and the right tool to use to restructure downtown. She was in support
of the proposal.
Council Member Heggins stated that she had seen a TIF work in other cities and would like to
see the downtown area redeveloped in any means. Growth would be coming in this direction.
Mayor Burroughs stated that the paperwork needed to be exact; a long term investigation on how
to spur growth and investment in downtown area was needed. The infrastructure limitations,
demographics of Denton, and age of structures were challenges with few tools to directly help
with that. The TIF was the tool they needed to work with but the paperwork needed to be right.
Council Member Thomson stated that other communities such as Plano felt that a TIF had really
helped with the development of infrastructure. He was concerned for the immediate because of
the need to invest soon in the downtown.
Council Member Mulroy still felt that they were rushing and needed to think of unintended
consequences. There was a need for an immediate short term injection of funding. With the 2.5
cents already in the tax increase for the next years, adding the TIF would raise the tax rate to 9.5
cents.
Council Member Watts stated that he saw things happening in downtown but that the biggest
challenge was a plan that was based on what would like to be seen in the downtown and not on
hard core projects. He felt it was hard to commit to that type of plan as it was more fluid than he
would like when spending other people's money. He had a concern that what was going to be
expected with the TIF would not provide what was wanted, so additional funding would have to
be found. Committing other General Fund money to the TIF meant the General Fund would
have to bear that tax burden. He was not opposed to this type of tool to assist the downtown but
needed to make sure everything was in order.
City Manager Campbell stated that outside incentives took shoppers, etc. from the downtown
and failure to make the downtown a destination contributed to the decline of the downtown.
Council Member Mulroy felt it might be helpful to have broad brush scenarios with bullet points
of the current status and if a commitment was made to downtown, how to carve out a chunk for
the downtown. What were available companion tools that could be used to work with the TIF?
Mayor Burroughs stated that he was also uncomfortable with the indefinite nature of the
proposal. However, it was hard to give it a measure of certainty and still maintain flexibility.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 4:53 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
City of Denton City Council Minutes
November 4, 2008
Page 5
1. Closed Meeting:
A. Consultation with Attorneys -Under Texas Government Code Section 551.071.
1. Considered and discussed status, including potential settlement of
litigation styled City of Denton v. Biodiesel Industries, Inc. et. al., Cause
No. 4:08-cv-00173, currently pending in the US District Court, Eastern
District, Sherman Division.
2. Considered and discussed status, including potential settlement, of
litigation styled David Johnson v. City of Denton, Cause No. 4:07cv449,
currently pending in the U.S. District Court, Eastern District, Sherman
Division.
The Closed Session was adjourned at 5:25 p.m.
Regular Meeting of the City of Denton City Council on Tuesday, November 4, 2008 at 5:30 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. Salvation Army of Denton Red Kettle Campaign.
2. Texas Nurse Practitioner week
Mayor Pro Tem Kamp presented an award from the Texas Municipal League to the City for City
Spirit in connection with the City's Going Green pamphlet.
Mayor Burroughs presented proclamations for the Salvation Army of Denton Red Kettle
Campaign and for Texas Nurse Practitioner Week.
3. CONSENT AGENDA
A Speaker Card was submitted by Bob Clifton on Item 3B. Mr. Clifton felt that a dollar amount
was needed for the item indicating who the attorneys were and who paid for what.
Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying
ordinances and resolutions as presented. On roll vote, Heggins "aye", Kamp "aye", Moreno
"aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion
carried unanimously.
City of Denton City Council Minutes
November 4, 2008
Page 6
A. 2008-263 - An ordinance approving and authorizing the City Manager to execute
a further amendment to professional and personal services agreement by and
between the City of Denton, Texas and T. R. Edgar & Associates for consulting
services; providing for the expenditure of funds therefor; and providing an
effective date (previous approvals for the firm total $266,300 since inception of
engagement on August 1, 2006; therefor this further amendment ofnot-to-exceed
$30,000 would total $296,300 in the aggregate).
B. 2008-264 - An ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a grant agreement for one hundred eighty six thousand, eve
hundred and fifty-five dollars from the Texas Department of Housing and
Community Affairs Emergency Shelter Grant Program and take all other actions
necessary to implement the program; and providing for an effective date.
C. 2008-265 - An ordinance of the City of Denton, Texas, amending Ordinance No.
2006-293 prescribing the number of positions in each classification of Police
Officer; prescribing the number of positions in each classification of Fire Fighter;
providing a savings clause; providing a severability clause; and declaring an
effective date.
D. Approved a request for an exception to the Noise Ordinance for the purpose of playing amplified music and operating a public address system during Holiday
Lighting on the Square. The event is sponsored by Denton Holiday Festival
Association, Inc. and will be held on the Downtown Square. This request is for an
increase in sound to 75 decibels for amplified sound on Thursday, December 4,
2008, from 5:30 p.m. until 9:30 p.m.
E. 2008-266 - An ordinance of the City of Denton, Texas approving and authorizing
the City Manager to execute a proposed Compromise Settlement Agreement
("Agreement") between the City of Denton, Biodiesel Industries, Inc., and
Biodiesel Industries of Greater Dallas Fort worth LLC, regarding Civil Action
No. 4:08-CV-173 in the U.S. District Court for the Eastern District of Texas,
Sherman Division; and declaring an effective date.
F. 2008-267 - An ordinance accepting sealed proposals and awarding a contract for
development review services for the City of Denton; providing for the
expenditure of funds therefor and providing an effective date (RF SP 4106-
Engineering Development Review Services awarded to Freese and Nichols, Inc.
in an amount not to exceed $287,518).
G. 2008-268 - An ordinance of the City of Denton, Texas providing for, authorizing,
and approving the expenditure of funds for the purchase of the Thor Guard
Lightning Prediction System from Thor Guard Inc. which is available from only
one source in accordance with the pertinent provisions of Chapter 252 of the
Texas Local Government Code exempting such purchases from the requirements
of competitive bidding; and providing an effective date (File 4187-Purchase of
Lightning Prediction System Department in the amount of $70,930).
City of Denton City Council Minutes
November 4, 2008
Page 7
H. 2008-269 - An ordinance accepting competitive bids and awarding a contract for
the purchase of optical ground wire for Denton Municipal Electric; providing for
the expenditure of funds therefor; and providing an effective date (Bid 4168-
Purchase of Optical Ground Wire (OPGW) awarded to the lowest responsible
bidder meeting specification for each line item for a total award amount of
$103,320.10). The Public Utilities Board recommended approval (5-0).
I. 2008-270 - An ordinance accepting competitive bids and awarding a contract for
the purchase of transmission pole polymer insulators for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4172-Purchase of Transmission Pole Polymer Insulators
awarded to the lowest responsible bidder meeting specification, Stuart C. Irby, in
the amount of $162,494). The Public Utilities Board recommended approval (5-
0}.
J. 2008-271 - An ordinance accepting competitive bids and awarding a contract for
the purchase of transmission line materials for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date
(Bid 4175-Purchase of Transmission Line Materials awarded to the lowest
responsible bidder meeting specification for each line item for a total award
amount of $219,146.99}. The Public Utilities Board recommended approval (5-0).
K. 2008-272 - An ordinance accepting competitive bids and awarding a contract for
the purchase of materials for the RD Wells Interchange for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an
effective date (Bid 4185-Purchase of RD Wells Materials awarded to the lowest
responsible bidder meeting specification for each line item for a total amount of
$194,214.96. The Public Utilities Board recommended approval (5-0}.
L. Approved the minutes of:
October 6, 2008
October 7, 2008
M. 2008-273 - An ordinance accepting competitive bids and awarding an annual
contract for the purchase of overhead and underground distribution transformers
for Denton Municipal Electric; providing for the expenditure of funds therefor;
and providing an effective date (Bid 4161-Annual Contract for the Purchase of
Overhead and Underground Distribution Transformers awarded to the lowest
responsible bidder meeting specification for each line item, in the annual
estimated amount of $2,000,000).
N. R2008-037 - A resolution appointing members to the Board of Directors of the
North Texas Higher Education Authority; and declaring an effective date.
0. 2008-274 - An ordinance authorizing and approving a First Extension to the Master Lease Agreement entered into by and between the City of Denton, Texas
and the Denton County Transportation Authority for a period of one year for
tracts of land located within the City of Denton Landfill; providing for retroactive
City of Denton City Council Minutes
November 4, 2008
Page 8
approval thereof; and providing an effective date. The Public Utilities Board
recommended approval (5-0}.
P. 2008-275 - An ordinance approving an Interlocal Cooperation Agreement
between the City of Denton and Denton County for the division of maintenance of
certain roads; and declaring an effective date.
Q. 2008-276 - An ordinance awarding a contract under the Texas Multiple Award
Schedule (TXMAS} program for the purchase of a bucket truck with aerial device
as awarded by the State of Texas Building and Procurement Commission
(Contract TXMAS-3-23010}; providing for the expenditure of funds therefor; and
providing an effective date (File 4204-Bucket Truck with Aerial Device awarded
to Altec Industries, Inc. in the amount of $131,882).
R. Approved a request for an exception to the Noise Ordinance for the purpose of
Jack Bell Properties to pour a concrete foundation between the hours of 3:00 a.m.
and 7:00 a.m., for one undetermined day between November 6th and November
18th. This request is being submitted due to safety concerns surrounding large
equipment in the streets during peak traffic times, and the negative effect it would
have on the flow of day time traffic.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Tabled -Consider adoption of an ordinance regarding a development agreement
related to the deferment of perimeter road improvements. The approximately 2.6-
acre property is located at the southwest corner of West Collins Street and Locust
Street. The subject site is located within a Downtown Commercial General
(DC-G} zoning district. (Date tabled 8/19/08}
City Manager Campbell stated that this item needed to be removed from the table before it could
be considered.
Thomson motioned, watts seconded to remove the item from the table. On roll vote, Heggins
"aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
Mark Cunningham, Director of Planning and Development, stated that this agreement pertained
to the deferment of perimeter road improvements. The applicant wanted to construct a 6,900
square foot building in addition to the current building on site. The property had not been platted
and needed to be done before the issuance of a building permit. The applicant had entered into a
developer's agreement to defer the perimeter road improvements until such a time as the
property was subdivided into two or more lots or the floor area of the proposed office building
was expanded by 1,726 square feet or more. The Development Review Committee
recommended approval.
Council Member Watts questioned that any addition to the original structure would fall totally
outside the agreement.
City of Denton City Council Minutes
November 4, 2008
Page 9
Cunningham replied correct. If there were an expansion of the current structure, there would be
no platting. The agreement only related to the new structure or until the property was
subdivided.
Council Member Watts questioned why an increase to the original structure would not trigger the
infrastructure requirements.
Cunningham stated that an expansion to the existing building would not require platting if it did
not go onto another lot.
Council Member Watts stated that he would like some kind of overall expansion requirement on
the current structure as well.
Mayor Burroughs stated that it was after the Planning and Zoning Commission 3-2 vote that the
agreement came about. This was a compromise to work out the problems.
Cunningham replied correct and added that staff also recommended approval.
Council Member Watts asked if once the property were platted would there be restrictions on the
current structure as well.
Jerry Drake, Deputy City Attorney, stated that this agreement was a compromise on the expansion of the new facility. There was no objection to the agreement
applying to both
properties but the current agreement was written only to the expansion a new facility and the
existing structure would not be impacted.
Council Member Watts felt that he would like to include improvements in all structures.
Larry Reichhart, representing the petitioner, stated that they would have no objection to include
the entire site for total expansion.
The following ordinance was considered:
N0.2008-277
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN
TOMASA GARCIA AND THE CITY OF DENTON, TEXAS, ON APPROXIMATELY
2.587 ACRES OF LAND LEGALLY DESCRIBED AS LOT 1, BLOCK A OF THE
GARCIA ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
AND PROVIDING AN EFFECTIVE DATE.
Watts motioned, Kamp seconded to adopt the ordinance with an amendment that the 1,726
square feet of expansion be applied to all improvements including the existing structure. On roll
vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye",
and Mayor Burroughs "aye". Motion carried unanimously.
B. Tabled -The Council considered adoption of an ordinance of the City of Denton,
Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the south side of
City of Denton City Council Minutes
November 4, 2008
Page 10
Emerson Lane from its intersection with Woodhaven Lane to its intersection with Brookfield
Lane; providing a repealer clause; providing a savings clause; providing for a penalty not to
exceed $500 for violations of this ordinance; and providing for an effective date. The Traffic
Safety Commission recommends approval (9-0}. (Date tabled 8/19/08)
City Manager Campbell indicated that both Items B and C were ready to remove from the table.
Thomson motioned, Heggins seconded to remove both Item B and C from the table. On roll
vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye",
and Mayor Burroughs "aye". Motion carried unanimously.
Frank Payne, City Engineer, presented information on both Items B and C. He stated that
Council had requested staff to approach the DISD for a discussion on the concept of no parking.
The DISD indicated that it wanted to look at a comprehensive review of no parking at all of their
facilities. The Traffic Safety Commission voted to change its recommendation to a no stopping
and no standing zone, which was the most restrictive zone in the Code, for both the Emerson and
Parvin location. The time frame would be from 7:30 a.m. - 3:30 p.m. on school days. Staff
recommended approval as presented.
A Speaker Card was submitted by Alice Gore for Item C. She spoke in favor of the proposed
or mance.
Watts motioned to approve Items B and C.
Council Member Thomson asked to vote separately on the items.
The following ordinance was considered:
No. 2008-278
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING THE
STOPPING OR STANDING OF VEHICLES ON SCHOOL DAYS FROM 7:30 A.M.
TO 3:30 P.M. ON THE SOUTH SIDE OF EMERSON LANE FROM ITS
INTERSECTION WITH WOODHAVEN LANE TO ITS INTERSECTION WITH
BROOKFIELD LANE, PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Watts motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye".
Motion carried unanimously.
C. Tabled -The Council considered adoption of an ordinance of the City of Denton,
Texas prohibiting parking on school days from 7:30 a.m. to 3:30 p.m. on the north side of Parvin
Street from its intersection with Mercedes Road to its intersection with McCormick Street;
providing a repealer clause; providing a savings clause; providing for a penalty not to exceed
City of Denton City Council Minutes
November 4, 2008
Page 11
$500 for violations of this ordinance; and providing for an effective date. The Traffic Safety
Commission recommends approval (4-3). (Date tabled 8/19/08)
This item was discussed with Item B.
The following ordinance was considered:
N0.2008-279
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING THE
STOPPING OR STANDING OF VEHICLES ON SCHOOL DAYS FROM 7:30 A.M.
TO 3:30 P.M. ON THE NORTH SIDE OF PARVIN STREET FROM ITS
INTERSECTION WITH MERCEDES ROAD TO ITS INTERSECTION WITH
MCCORMICK STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THE ORDINANCE., AND PROVIDING FOR AN EFFECTIVE
DATE.
Mulroy motioned, Watts seconded to adopt the ordinance as presented. On roll vote, Heggins
"aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "nay", Watts "aye", and Mayor
Burroughs "aye". Motion carried with a 6-1 vote.
Mayor Burroughs left the meeting.
D. The Council considered adoption of an ordinance of the City of Denton, Texas,
authorizing the City Manager to execute a Professional Services Agreement with Sawko &
Burroughs, LLP, for professional services related to collection of delinquent taxes on behalf of
the City of Denton; and establishing an effective date.
Bryan Langley, Director of Finance, stated that the contract for delinquent tax collection services
with the firm of Sawko and Burroughs expired in June 2008. The firm agreed to continue the
contract on a month-to-month basis while the City conducted a formal process to select the
delinquent tax collection law firm. Four firms responded to the request for proposals. Each firm
was ranked by a panel of staff members with the firm of Sawko and Burroughs receiving the
ig est scores.
A Speaker Card was submitted by Bob Clifton who spoke against the awarding of the contract to
Sawko & Burroughs.
Council Member Heggins stated that she had listened to all concerns regarding this item and had
not spoken with any other council member or the Mayor regarding this issue. She had spoken
with Mr. Sawko about the contract with questions she needed answered. She did not see a
conflict of interest and would be in favor of the contract.
Council Member Watts stated that he had looked at all aspects of the contract and would not be
able to vote on the contract as presented.
City of Denton City Council Minutes
November 4, 2008
Page 12
Council Member Moreno stated that he had done an analysis of the issue and had looked at
several factors. This was a known firm and the City had experience with this firm. He didn't
believe there was a legal or real conflict of interest in this case. There would be no real or
irreparable harm to the City if Sawko & Burroughs continued with the contract.
Council Member Thomson stated that he relied on the City Attorney opinions regarding the
conflict of interest and the value of having the contract in Denton.
Council Member Mulroy stated that the difficulty was not the competence of the firm or keeping
the business in Denton. Awarding a financial contract to a peer group provided poor perception
in the community.
Mayor Pro Tem Kamp agreed that there was no conflict on interest in awarding the contract to
Sawko & Burroughs. The contract was not paid by the citizens of Denton but by the delinquent
taxpayers.
The following ordinance was considered:
N0.2008-280
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
SAWKO & BURROUGHS, LLP, FOR PROFESSIONAL SERVICES RELATED TO
COLLECTION OF DELINQUENT TAXES ON BEHALF OF THE CITY OF
DENTON; AND ESTABLISHING AN EFFECTIVE DATE.
Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye",
Kamp "aye", Moreno "aye", Mulroy "nay", Thomson "aye", and Watts "nay". Motion carried
wit a 4-2 vote.
Mayor Burroughs returned to the meeting.
E. The Council considered approval of a resolution nominating members to the
Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective
date.
Bryan Langley, Director of Finance, stated that the Denton Central Appraisal District was asking
for nominations to the Review Board.
The following resolution was considered:
NO.82008-038
A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW
BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING
AN EFFECTIVE DATE.
City of Denton City Council Minutes
November 4, 2008
Page 13
Watts motioned, Heggins seconded to re-nominate the three current eligible members. On roll
vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye",
and Mayor Burroughs "aye". Motion carried unanimously.
F. Appointment to the Denton Housing Authority by Mayor Burroughs.
Mayor Burroughs announced the reappointment of Bill Giese to the Denton Housing Authority.
G. The Council considered approval of a resolution of the City Council of the City of
Denton, Texas, appointing one member as the City's representative to the Tarrant Regional
Transportation Coalition (TRTC}; and providing for an effective date. The Mobility Committee
recommended approval (3-0}.
Mark Nelson, Transportation Director, stated that the Tarrant Regional Transportation Coalition
was anon-profit membership organization that advocated for transportation improvements in the
western half of the North Texas Metroplex. As the I35-West corridor continued to develop, the
City of Denton would become more and more involved with planning and development efforts
along this corridor. Membership in the Coalition would enhance Denton's role in regional
transportation decisions.
The following resolution was considered:
N0. R2008-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPOINTING ONE MEMBER AS THE CITY'S REPRESENTATIVE TO THE
TARRANT REGIONAL TRANSPORTATION COALITION (TRTC); AND
PROVIDING FOR AN EFFECTIVE DATE.
Kamp motioned, Thomson seconded to appoint Chris Watts as the representative to the
Coalition. On roll vote, Heggins "aye", Kamp "aye", Moreno "aye", Mulroy "aye", Thomson
"aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously.
H. Citizen Reports
1. Council reviewed the procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. Bob Clifton regarding Denton Municipal Electric, tax collecting
contracts, pending lawsuits against the city of Denton, outside attorney's fees,
city attorney's department's payroll, public funds spent for defense of public
officials, conflicts of interest; recall elections; TMPA and related matters; bond
issues; governmental waste; traffic flow and parking matters.
Mr. Clifton spoke regarding the purchase cards from DME, parking on Hickory and Carroll, the
TMPA lawsuit, outside attorney fees, and the contract for delinquent tax collection.
City of Denton City Council Minutes
November 4, 2008
Page 14
B. Jennifer Cole regarding the White Spot well site.
Ms. Cole stated that since the last time she spoke on this issue there now were new council
members and no gas well inspector. Chuck Russell had indicated that he was ready to release the
gas well site. The pad site for this well was 8-10 feet above the natural lay of the land and
caused flooding in their neighborhood. The State Water Code and Denton Development Code
regulations indicated that this was an illegal site as it was less than 500 feet to residences.
C. Renae Lorentz regarding the White Spot well site.
Ms. Lorentz spoke regarding flooding at her home since the development of the White Spot well
site. The pad site was built illegally and she requested Council not allow the approval of the
plan.
D. Gene Cole regarding the White Spot well site.
Mr. Cole stated that within 40 feet of his back door was the pad site standing 8 feet tall. Runoff
water was diverted from going between the homes and now goes into the creek and causes the
heavy flooding. He also requested that the plat not be approved.
E. Jana DeGrand regarding the White Spot well site.
Ms. DeGrand stated a hydrological study was promised to the area residents. That study would
show how the water was incorrectly diverted into their neighborhood. The first application to the
Railroad Commission had been revoked and the second application was under legal exam. The
City was ready to turn the plan over for signatures for approval of the site. She requested a delay
as they were meeting with Denton County and FEMA regarding the site.
F. Lana Shaw regarding the White Spot well site.
Ms. Shaw expressed concern regarding the White Spot well site. Her front door was about 300
feet from the drilling site. This was a unique area in that the homes and property were already in
a flood sensitive area. The drilling pad was 8-10 feet above surrounding properties. There was
only one way in and out of their subdivision which was across a bridge which now was being
flooded regularly due to increased runoff into the creek from the well site. She asked the City to
deny drilling permits on this site and return the property to prior elevations.
G. Laverne Wilkerson regarding the White Spot well site.
Ms. Wilkerson was not present.
I. 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.
• Council Member Watts requested a legal analysis, etc. on the White Spot Well.
• Mayor Burroughs requested information on the roadway entrance for this site.
City of Denton City Council Minutes
November 4, 2008
Page 15
• Mayor Pro Tem Kamp asked for information on an artist relocation program.
• Mayor Pro Tem Kamp asked for a staff driven task force to expand and develop further the
Farmers Market.
J. 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.
K. official Action on Closed Meeting Items} under Sections 551.071-551.086 of the
Texas open Meetings Act.
There was no official action on Closed Meeting items.
5. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for an expansion of a special exception (self service
storage}
onto an adjoining lot comprising 8.94 acres of land located on the south side of Collins Street
and the north side of Daugherty Street, approximately 150 feet east of Locust Street; providing
for a penalty in the maximum amount of $2,000 for violations thereof, severability and an
effective date. The Planning and Zoning Commission recommended approval (4-0).
Mark Cunningham, Director of Planning and Development, stated that the purpose of the request
was to expand a special exception onto an adjoining lot. The applicant was proposing to expand
the Daugherty Street facility onto the adjacent 9-acre tract which they owned. Details on the
location of the property and types of surrounding property zoning were presented. The Planning
and Zoning Commission recommended approval with the following conditions: (1) a 10 foot
vegetative buffer abutting the residential uses/lots to the east must be provided using existing or
proposed vegetation; (2} if a storage facility were constructed adjacent to a residential use/lot, the
minimum required setback would be 30 feet, plus 1 foot for each foot of building height above
30 feet; and (3} a minimum 6-foot high opaque fence constructed of masonry or wood with steel
posts and a decorative cap with the good side facing the residential use/lots would be installed
along the eastern property line. Staff s recommendation was that if a storage use were
constructed adjacent to a residential use/lot, a 30-foot vegetative buffer would be required along
the eastern boundary property line of the subj ect property.
Council Member Moreno asked about the special exception designation.
Cunningham stated that because the existing storage facility was a permitted use prior to the city-
wide rezoning in 2002, the use was automatically given a special exception designation.
Expansion of a Special Exception onto an adjoining lot required the approval of City Council
using the Zoning Amendment Procedure.
Council Member watts asked what limitations would be on the site if the expansion of the special exception was granted.
City of Denton City Council Minutes
November 4, 2008
Page 16
Cunningham stated that the expansion would be limited to the boundary as noted. If expansion
was needed beyond that boundary, the applicant would have to receive Council approval. The
property was subject to current building codes and the setbacks of the current zoning district.
Mayor Pro Tem Kamp questioned tree preservation with the expansion of the existing property.
Cunningham replied that they would be required to meet the tree code regulations.
The Mayor opened the public hearing.
Larry Reichhart, representing the property owners, spoke in favor. He questioned the 30 foot
buffer for a storage use as it did not produce noise, vibrations, etc. A 30 foot setback would be
better than a 30 foot buffer. Thirty feet took away too much property with no one seeing it as it
would be behind a fence. He preferred a setback rather than a buffer.
Council Member Heggins left the meeting.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-281
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
EXPANSION OF A SPECIAL EXCEPTION (SELF-SERVICE STORAGE) ONTO AN
ADJOINING LOT COMPRISING 8.94 ACRES OF LAND LOCATED ON THE
SOUTH SIDE OF COLLINS STREET AND THE NORTH SIDE OF DAUGHERTY
STREET, APPROXIMATELY 150 FEET EAST OF LOCUST STREET; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance with the conditions recommended by
the Planning and Zoning Commission. On ro11 vote, Kamp "aye", Moreno "aye", Mulroy "aye",
Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, approving a Specific Use Permit (SUP} to allow Heavy Manufacturing
use on approximately 9.11 acres of land, currently zoned Industrial Center General (IC-G), located on Treatment Plant Road east of Mayhill Road within the City of Denton
Solid waste
Facility and legally described as part of G. Walker Survey, Abstract No. 1330 in 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. The Planning and Zoning Commission
recommended approval of this Specific Use Permit request (4-0).
Mark Cunningham, Director of Planning and Development, indicated that this request was for a
Specific Use Permit to allow a heavy manufacturing (ethanol production} facility within the
Denton Solid Waste facility. Two office complexes and a series of ponds for the production of
the ethanol would be built. The Development Review Committee recommended approval. The
City of Denton City Council Minutes
November 4, 2008
Page 17
Planning and Zoning Commission recommended approval with the following conditions: (1) the
SUP would expire when Tetra Point ceased operation of the facility for more than three months;
cessation of operation shall be a permanent close down of offices and truck deliveries associated
with operation of the facility, (2) adequate screening in the form of a 15-foot landscape buffer or
a berm would be constructed along the western property boundary of Treatment Plant Road, (3)
the SUP would expire with approval of a master plan site plan for the entire solid waste site; the
solid waste master plan would contain conditions for the development or continued operation of
the SUP, (4) any modification to the site design or re-orientation of structures that impacted the
conditions of the SUP would be deemed a maj or modification and require approval by City Council, and (4) the hours of operation for truck delivery would be restricted
to 7:00 a.m. to 6:00
p.m. Monday through Friday and 11:00 a.m. to 5:00 p.m. on Saturdays and Sundays
Council Member Moreno asked about the function of the surface ponds.
Tim Geiger, Tetra Point, stated that the ponds were not intended for storm water retention but
would be designed to retain runoff water.
The Mayor opened the public hearing.
A Comment Card was submitted by Karen Dixon, Denton Chamber of Commerce, in support of
the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2008-282
AN ORDINANCE OF THE CITY OF DENTIN, TEXAS, APPROVING A SPECIFIC
USE PERMIT (SUP) TO ALLOW HEAVY MANUFACTURING USE ON
APPROXIMATELY 9.11 ACRES OF LAND, CURRENTLY ZONED INDUSTRIAL
CENTER GENERAL (IC-G), LOCATED ON TREATMENT PLANT ROAD EAST OF
MAYHILL READ WITHIN THE CITY OF DENTON SOLID WASTE FACILITY
AND LEGALLY DESCRIBED AS PART OF G. WALKER SURVEY, ABSTRACT
N0. 1330 IN THE CITY OF DENTON, DENTIN COUNTY, TEXAS; PROVIDING
FAR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FAR VIOLATIONS,
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
Mulroy motioned, Kamp seconded to adopt the ordinance with the conditions as recommended
by the Planning and Zoning Commission. On roll vote, Kamp "aye", Moreno "aye", Mulroy
"aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
regarding a Specific Use Permit (SUP) to allow amulti-family dwelling development on a
property currently zoned Neighborhood Residential Mixed Use (NRMU). The approximately
0.354 acre site is located north of University Drive between Locust Street and Bell Avenue and
is legally described as all that certain lot, tract or parcel of land situated in the N. H.
Meisenheimer Survey Abstract Number 811, in the City of Denton, Denton County, Texas, being
all that certain tract of land conveyed by deed from Eugene W. Hupp to George U. Liepa and
City of Denton City Council Minutes
November 4, 2008
Page 18
wife, Candice C. Liepa recorded in Volume 1305, Page 975, Real Property Records, Denton
County, Texas; 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 recommended
approval of this Specific Use Permit request (4-0}.
Mark Cunningham, Director of Planning and Development stated that this was a request for a specific use permit for amulti-family development located north of University Drive
between
Locust and Bell. This was another special exception case as the property was zoned MF-1 prior
to 2002 and the use was a legal permitted use. The applicant would like to demolish the existing
structure and build a six unit multi-family unit. Because the property owner was demolishing the
existing four-plex voluntarily, the Special Exception applicability was removed. A special use
permit was only issued if the required seven conditions were met and staff determined that those
conditions had been met. Both the Development Review Committee and the Planning and
Zoning Commission recommend approval.
Council Member Moreno asked how close this proposal was to the neighboring historic district
and were the residents there notified.
Cunningham stated that the standard 500 and 200 foot notices were mailed with no one
respon ing.
The Mayor opened the public hearing.
Steven Klir,1601 Lindsey, Denton -spoke in opposition.
The Mayor closed public hearing.
The following ordinance was considered:
N0.2008-283
AN ORDINANCE REGARDING A SPECIFIC USE PERMIT (SUP} TO ALLOW A
MULTI-FAMILY DWELLING DEVELOPMENT ON A PROPERTY CURRENTLY
ZONED NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU}. THE
APPROXIMATELY 0.354 ACRE SITE IS LOCATED NORTH OF UNIVERSITY
DRIVE BETWEEN LOCUST STREET AND BELL AVENUE AND IS LEGALLY
DESCRIBED AS ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND
SITUATED IN THE N. H. MEISENHEIMER SURVEY ABSTRACT NUMBER 811,
IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL THAT
CERTAIN TRACT OF LAND CONVEYED BY DEED FROM EUGENE W. HUPP TO
GEORGE U. LIEPA AND WIFE, CANDICE C. LIEPA RECORDED IN VOLUME
1305, PAGE 975, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
Kamp motioned, Thomson seconded to adopt the ordinance.
Council Member Mulroy asked if the motion included the recommendations by the Planning and Zoning Commission.
City of Denton City Council Minutes
November 4, 2008
Page 19
Mayor Pro Tem Kamp and Council Member Thomson responded correct, as presented and
recommended.
0n roll vote, Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, amending the development standards for the Rayzor Ranch Overlay
District by superseding the previously approved Rayzor Ranch Overlay District classification,
and amending by supersedure Chapter 35, Subchapter 7.13 of the City of Denton Code of
ordinances, "Denton Development Code", "Special Purpose and Overlay Districts"; providing
for severability; providing for a penalty in the maximum amount of $2,000.00 for violations
thereof, and providing an effective date. The Planning and Zoning Commission recommended
approval (7-0}.
Chuck Russell, Planning Supervisor, stated that this request was to amend the Rayzor Ranch
Overlay District and Special Sign District. He presented the current conceptual plan and
indicated that there were six amendment proposals. They included drainage, landscaping and
tree mitigation, medical related use Subarea transportation, pylon signs and signature trade
dress. Staff was in support of the revised Subarea 0 in order to accommodate the design
guidelines for Cook Children's Hospital. Staff was also in support of the first five proposed
amendments but was not in support of details being proposed by the applicant for the signature
trade dress. Staff would appreciate more time to work through the details of the signature trade
dress proposal and would prefer that this element be referred back to the Planning and Zoning
Commission.
Mayor Pro Tem Kamp asked for an explanation of the legal concerns regarding the trade dress
issue.
City Attorney Burgess stated that there were no arm standards presented and left very wide
discretion for Planning staff. She felt it might be preferable to have firm standards and to give
staff an opportunity to present that back to the Planning and Zoning Commission.
Mayor Burroughs asked if standards had been presented but staff had not had enough time to go
through them.
Russell stated that both criteria and guidelines had been presented but there seemed to be a gray
area between procedure and standards. Some of the items being proposed crossed the line into
the procedural area which was not in the scope of an overlay district. The proposal might have
pushed the envelope too far and staff needed to take hard look at the proposal.
Mayor Burroughs asked if the procedures presented were the ones that the Planning and Zoning Commission did not have at the time they made their recommendation or were they procedural
issues within the trade dress issue itself when that issue was being considered.
Russell replied that they were issues that came up during the trade dress discussion. Planning
and Zoning did see a concept of the ideas but it was the setting up of an approval process, pieces
being reviewed by different departments and staff determining whether or not to pass it onto the
Planning and Zoning Commission that staff was having difficulty.
City of Denton City Council Minutes
November 4, 2008
Page 20
Mayor Pro Tem Kamp asked for a time frame for this element.
Russell replied that the applicant would like to have this done as soon as possible.
Mayor Pro Tem Kamp asked if it were new information, would it have to go back to the
Commission.
City Attorney Burgess stated that there was an adequate posting so Council could look at the
standards tonight. Council could adopt standards with the understanding that staff would like
more time to review.
City Manager Campbell stated that the Planning and Zoning Commission had made the decision
to send the item to Council knowing it did not have enough information as it could have had but
felt it was sufficient to forward to Council.
Council Member Mulroy asked when staff received the most current information.
Charles Hodges, representing Rayzor Ranch, stated that since the Planning and Zoning
Commission meeting, they had followed through with the charge from the Commission which
was to develop the details in a form to present to City Council.
Mayor Pro Tem Kamp asked about the graphics regarding the trade dress issue.
Russell showed the applicant's draft regulations. Those regulations stated that the trade dress
included signage, materials, entry treatments and architectural features; included logo and colors
that do not have to match the Rayzor Ranch color palette; must fit within the approved facade;
elements could not extend beyond the facade unless approved by the Planning and Zoning
Commission; could not exceed 25% of the total area of the facade for each tenant; wall signage
must be incorporated into trade dress and not exceed 20% of the facade; and would be allowed
on all facades if the building was a corner or freestanding building. Approval procedures
included staff review of the draft facade plan with approval if it was consistent with the Rayzor
Ranch guidelines; a Rayzor Ranch Control Committee would review the draft facade and trade
dress plans; the draft facade and trade dress plan would be sent to staff and must be scaled and in
color; staff may approve the trade dress if it did not exceed 25% of the facade, signage did not
exceed 20% of the facade and neither pierced the building envelope; trade dress and facade plan
could be sent by staff to the Planning and Zoning Commission for review; the applicant could appeal a staff denial to the Planning and Zoning Commission; and staff would have
10 days to
complete the review from the time of the application.
Russell indicated that the Planning and Zoning Commission had recommended approval of the
requested amendments as conditioned. However, no standards were established, presented or
reviewed by the Development Review Committee, the Planning staff, the Commission or the
public prior to or at the time of the vote. Staff was in support of the first five amendments but
recommended to postpone the sixth.
Council Member Watts questioned the transportation issue. What happened if the right hand turn
lane from Highway 3 80 onto the I3 5 access road did not happen by 2009.
Russell indicated that the proposal from the applicant wanted the trigger to be the issuance of a
certificate of occupancy which staff was reluctant to do. A big box store could receive a
City of Denton City Council Minutes
November 4, 2008
Page 21
temporary certificate of occupancy to stock and then advertise a grand opening before all
conditions were completed. A date certain was preferred instead of holding up the issuance of a
certificate o occupancy.
Council Member Watts felt that there was no consequence in the language if the turning lane did not get done on time
Russell indicated that language could be added that no certificate of occupancy would be issued
unless the deadline for the turn lane had been met.
The Mayor opened the public hearing.
Charles Hodges, representing Rayzor Ranch, stated that this vote was critical. He had attended
two presentations at the Planning and Zoning Commission and had talked about the substance of
the issue. He felt it was the substance that was important with the details to be put in place later.
He felt that everyone on the Commission understood the substance of the national trade dress
challenge and the importance to maintain national signage. They had developed a good set of
elements for trade dress and were asking Council to look at and vote on the substance of the
concept. If an issue arose on the procedures that the proposed standards did not cover, the retail
store would have to go the Planning and Zoning Commission.
Mayor Pro Tem Kamp stated that the facadelelevations on the buildings were the same so the
trade dress must fit into the framework.
Hodges replied correct. It would have to ~t into the approved facade and could not extend
beyond the facade unless approved by the Planning and Zoning Commission.
Council Member Moreno stated that the architectural design standards would not be
compromised but that there was a need to proceed on the trade dress issue in order to get retailers
onboard with the project. The trade dress was essential for successful marketing process for the
retal ers.
Mayor Burroughs asked about a timing issue.
Hodges stated that he was trying to get deals done and Committee approval before February.
Council Member Watts asked when construction was anticipated.
Hodges replied that the bids for Wal-Mart and Sams were suppose to be for tomorrow.
Council Member Watts stated that he needed further clarification on what the dispute was
between staff, Legal and the developers.
Russell stated that there might be a solution to the problem by rolling the trade dress issue into
the sign ordinance. There were already sign regulations in the Code-Subchapter 15 that
addressed the trade dress issue. The item could then be brought back to Council at the next
hearing date for consideration. The procedure was the problem. As the language was currently
drafted by the applicant, it went into a procedural system that staff was not comfortable with.
City of Denton City Council Minutes
November 4, 2008
Page 22
Council Member Mulroy stated that it was not the concept of staying within the facade or
changes in color, it was the procedural process that was the problem.
Russell stated that the issue went beyond just the procedural aspects and went into maintaining
the architectural guidelines while accommodating national trade dress.
Council Member Mulroy stated that part of the justification for the tax incentive was the
elevations and architectural standards.
Mayor Burroughs asked what staff would like to see different than what had been presented.
Russell stated criteria in terms of what was and was not acceptable and to be sure standards
outside the Code were not being established rather than using an overlay district to set those
standards.
Mayor Burroughs stated that if this were more straight commercial zoning, Council would not
have the ability to regulate these elements of trade dress. If someone had a lot and built a
national retail store on it, Council would not have the ability to regulate the trade dress
components.
Russell replied correct.
Council Member Watts stated that Council was addressing this issue because of an attempt to
determine what level of integrity to maintain from the original architectural basis. Now Council
had to decide if those standards were going to be diluted in some way because of the economic
market place. Council needed to decide if economics had changed so much that the original
standards needed to be changed and if so, would they have to change what was originally
planned and what would that effect be on the original incentive agreement.
Jerry Drake, Deputy City Attorney, presented information from the Development Code relative
to establishing design standards. It was not about customizing procedures or allowing different
procedures if someone disagreed with the established procedures.
City Attorney Burgess stated that there were two ordinances in the backup materials. She
suggested that the Council consider the first ordinance dealing with the overlay district and bring
back to Council the second ordinance dealing with the sign ordinance which would address the tra e ress Issue.
Mayor Burroughs questioned if it were the sign ordinance where the trade dress issue was
located.
City Attorney Burgess stated that staff was suggesting that they could work with that ordinance
and address the trade dress issue.
Mayor Burroughs asked if that would delay approval of the sign ordinance.
Hodges stated that he had 150 days in the VVaI-Mart agreement to build the high rise pylon signs
and was already 35 days into that time frame. It would be a problem to delay consideration of
the sign ordinance provisions. Taking the issue into a sign ordinance issue would lose the
quality of the architecture. Addressing it in a special sign district did not do anything for the
City of Denton City Council Minutes
November 4, 2008
Page 23
quality. The proposal he presented provided a framework for the quality and forced the retailer
to fit within that framework. He asked if Council could consider the substance of the trade dress
with the condition that he would work with staff to develop the final procedures and bring them
back to Council.
City Attorney Burgess stated that two ordinances were included in the backup materials. The
item was posted as to the first ordinance but the second ordinance was not specifically posted.
She felt that it would be best to bring the sign ordinance back for the reasons addressed and also
for the reason of posting.
Mayor Burroughs questioned that the second ordinance was not properly identified in the
agenda.
City Attorney Burgess stated that the second ordinance was not identified in the posting. She felt
that a reasonable way to handle the issue would be to consider the first ordinance and bring the
second ordinance back at the next meeting.
Russell indicated that at one point in time last week, the two ordinances were to be combined
into one and with the last minute back and forth negotiations, they were divided into two
ordinances. He read the definition of a sign as detailed in the Sign Ordinance. He felt there was already code language which would address the issue.
Tom Goyette, 10901 Fieldstone, Denton, stated that there was a professional group addressing
the issue and the Council should proceed with the project. The next year was possibly a very
difficult year for the economy and Council needed to do what it could to get the project moving.
Jack McBride, 9905 Crestwood Drive, Denton, agreed with Mr. Goyette's statements.
The Mayor closed the public hearing.
Council Member Thomson motioned to approve the ordinance dealing with the overlay district.
That would be Exhibit 19 in the backup materials.
Council Member Mulroy stated that the ordinance did not include the trade dress issue. It only
included the other five issues.
Mayor Pro Tem Kamp seconded the motion. She was not in favor of delaying the trade dress
issue and asked what might be done on the trade dress issue at this meeting.
City Attorney Burgess stated that the concern was the posting under the Open Meetings Act and
acting on the second ordinance could be a problem. She was recommending that the Council not
act on the second ordinance.
Council Member Watts asked if the approval procedures, even though they were left out of the
ordinance, could be included in the ordinance, giving a time limit to work out the details. The
first ordinance would be amended to include the criteria with a specified time frame.
City Attorney Burgess indicated that Council could amend the ordinance and include language
suggested by the staff.
City of Denton City Council Minutes
November 4, 2008
Page 24
Thomson agreed with the friendly amendment to incorporate that language as presented. Kamp
agreed to the amendment with her second.
Russell and Drake suggested keeping the criteria to only the percentages.
Hodges expressed concern about not having the other criteria also approved.
Mulroy motioned, Kamp seconded to table this item until the completion of the next item to
allow staff and the petitioner to work out the language of the criteria. On roll vote, Kamp "aye",
Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye".
Motion carried unanimously.
E. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, providing for a Specific Use Permit to allow a basic utility on
approximately 2.5367 acres of land within a Neighborhood Residential 4 (NR-4) zoning district
classification and use designation, generally located on the north side of Roselawn Circle, 440
feet north of Roselawn Drive, and legally described as Lot 1, Block A of the Roselawn Elevated
Storage Tank Addition, in 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. The
Planning and Zoning Commission recommended approval of the Specific Use Permit request (7-
0)
Mark Cunningham, Director of Planning and Development, stated that this was a request for a
specific use permit for an elevated potable water storage tank. The Planning and Zoning
Commission recommended approval with four conditions. Those conditions included the SUP
would be limited to the elevated water storage tank within the 2.5367 acre parcel as described in
the application; no other structures, habitable or uninhabitable would be constructed or erected
on the site without amending the SUP; approval of the SUP would be for the applicant only, the
City of Denton, Water Utilities or their successors; the SUP would not expire until the elevated water tower was no longer needed and was no longer pertinent to the delivery of
efficient potable
water service within the City's Water Master Plan; the routine maintenance of the utility would
occur between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday.
Frank Payne, City Engineer, presented the details of the proposed water storage tank. He
reviewed the three sites originally proposed by the consultants and the results of the tree survey.
The tree preservation goals conformed to the most stringent levels set forth in the Code.
Council Member Mulroy indicated that a request had been received by the Denia neighborhood
to continue the public hearing to next meeting in order to allow for a neighborhood meeting on
the proposal.
The Mayor opened the public hearing.
Mulroy motioned, Kamp seconded to continue the public hearing to the Council's next meeting
to allow for a neighborhood meeting at the request of the Denia Neighborhood Association.
Mayor Burroughs indicated that if someone spoke at this meeting, he would be using his time to
speak at next public hearing.
Phil Baker, representing the owner of the property, spoke in favor of the proposal.
City of Denton City Council Minutes
November 4, 2008
Page 25
On ro11 vote to continue the public hearing, Kamp "aye", Moreno "aye", Mulroy "aye", Thomson
"aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Council returned to Item D.
Russell presented the details of the proposed language which dealt with criteria and did not deal
wit proce ures.
It was noted that the original motion was to approve the ordinance as written which did not
include trade dress. The friendly amendment was to include the proposed trade dress criteria
with the overlay district. The more permanent criteria and procedures would be brought back by
December 9th. Both Thomson and Kamp approved the friendly amendment.
The following ordinance was considered:
N0.2008-284
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT
BY SUPERSEDING THE PREVIOUSLY APPROVED RAYZOR RANCH OVERLAY
DISTRICT CLASSIFICATION, AND AMENDING BY SUPERSEDURE CHAPTER
35, SUBCHAPTER 7.13 OF THE CITY OF DENTON CODE OF ORDINANCES,
"DENTON DEVELOPMENT CODE", "SPECIAL PURPOSE AND OVERLAY
DISTRICTS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND
PROVIDING AN EFFECTIVE DATE.
On roll vote, Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously.
F. The Council held a public hearing and considered adoption of an ordinance of the
City of Denton, Texas, amending a Detailed Plan to allow for two Gas Well Parks within the
Planned Development 173 (PD 173} zoning district, the first being approximately 4.848 acres in
size, northwest of Michelle Way and Glenbrook Street, and the second being approximately
4.987 acres in size, located east of Michelle Way and Pavilion Court; 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 recommended approval of this Detailed Plan request (7-0}.
Mark Cunningham, Director of Planning and Development, stated that this was a request for two
gas well parks located within the Robson Ranch Planned Development. One of the sites had a
planned road that would be constructed. He reviewed the history of the gas well parks in Robson
Ranch. On October 21st staff received an email from a resident indicating opposition to the
proposal. The Development Review Committee recommended approval as did the Planning and
Zoning Commission with conditions.
The Mayor opened the public hearing.
Martin Garza, representing the owner of the property, spoke in favor of the proposal with two
clarifications of the conditions by the Commission. The restriction on truck activity would be for
City of Denton City Council Minutes
November 4, 2008
Page 26
heavy trucks or oversized trucks, not pickup trucks. He also clarified that the hours of operation
would not include emergencies.
Mayor Burroughs asked if the description of trucks for the condition could be trucks over two
axels.
Garza agreed with that description.
Elma Walker, 9805 Grandview Drive, Denton, 76207, spoke in opposition.
Gary Raymond, 9604 Pinewood Drive, Denton, 76207, questioned how the trucks would get in
and out of Robson as it was suppose to be a gated community.
Bruce Walker, 9805 Grandview Drive, Denton, 76207, spoke in opposition.
The Mayor closed the public hearing.
Council Member Mulroy asked about the regulations for required distance between the well head
and existing residential homes.
Cunningham replied it was 200 feet.
Council Member Mulroy asked if in the future a house was built next a well head what would the
minimum spacing requirement.
Cunningham stated that if a house came after the well, the setback would be reduced.
Mayor Burroughs asked about requirements for notifying future property owners about the
proposed gas wells. Did the City have a role in that?
Cunningham stated the city did not have a role. This was a gated private community and
according to the developers, when a home was purchased, the notice was in the deed and was
brought to the buyer's attention.
The following ordinance was considered:
N0.2008-285
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A DETAILED
PLAN TO ALLOW FOR TWO GAS WELL PARKS WITHIN THE PLANNED
DEVELOPMENT 173 (PD 173) ZONING DISTRICT, THE FIRST BEING
APPROXIMATELY 4.848 ACRES IN SIZE, NORTHWEST OF MICHELLE WAY
AND GLENBROOK STREET, AND THE SECOND BEING APPROXIMATELY
4.987 ACRES IN SIZE, LOCATED EAST OF MICHELLE WAY AND PAVILION
COURT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS, THEREOF, SEVERABILITY AND AN EFFECTIVE
DATE.
Kamp motioned to adopt the ordinance.
City of Denton City Council Minutes
November 4, 2008
Page 27
Council Member Watts asked if the detailed plan expired according to the statutes, then would
the current codes apply or would the prior regulations remain in effect.
Cunningham stated that it would be subj ect to the Code.
Thomson seconded the motion to approve with the conditions listed by the Planning and Zoning
Commission with the clarification of the trucks over 2 axels and the emergency hours. 0n roll
vote, Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor
Burroughs "aye". Motion carried unanimously.
G. The Council continued a public hearing for a zoning change from a Agriculture
(A}, Industrial Center General (IC-G}, Neighborhood Residential 2 (NR-2), Regional Center
Residential 1 (RCR-1 Community Mixed Use Employment (CM-E), and Planned Development
13 8 (PD-13 8} zoning districts to the Inspiration Master Planned Community (MPC) zoning
district classification and use designation; the area for zoning change encompasses 3,331 acres of
land located on both sides of I-35W between Robson Ranch Road and Vintage Boulevard and is
legally described as certain tracts of land in the E. Pizono Survey, Abstract Number 1269, G.
Pettingale Survey, Abstract Number 1041, J. Taft Survey, Abstract Number 1269, G. West
Survey, Abstract Number 1393, B.B.B. & C. Railroad Company Survey, Abstract Number 158,
S. Pritchett Survey, Abstract Number 1021 and the McCutchin Lands known as Pilot Knob
Ranch in 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 (MPC07-0001,
Inspiration}. The Planning and Zoning Commission recommended approval (7-0).
Brian Lockley, Planning Department Manager, stated that there were outstanding issues
remaining on this project. On June 17th, Council directed the applicant to work with the Robson
Ranch developer to develop plans for a buffer between the proposed Inspiration MPC and the
existing Robson Ranch community. 0n July 15th the applicant was directed to submit documents
to address Subchapter 35.7.12.6.E Findings, of the Denton Development Code. The applicant
met with representatives of Robson Ranch and the following items were proposed by the
applicant. These meetings were held between the two parties without the presence of city staff.
As a follow-up staff attempted to set up a meeting between the two parties but was unsuccessful.
The buffer as proposed by the applicant would be the construction of an 8' high board on board
wood fence using steel posts with masonry columns approximately 34 foot on center to be
maintained by the Inspiration H~A. The fence was not required to be constructed in
Environmentally Sensitive Areas. There would also be created a minimum twenty-eight foot
wide open space buffer to be maintained by the Inspiration H~A. Other buffer proposals included single-family lots adjacent to the new 28 foot wide buffer would
be a minimum of 62
feet wide and 100 feet deep, at least 25% of the single-family houses constructed adjacent to the
new 28 foot wide buffer would be single-story. The remaining 75% of the houses could be either
single-story or two story. The applicant felt that these conditions had been agreed to with the
Robson Ranch residents. There were also eight other items along the buffer that were not
resolved that dealt primarily with grading, Robson Ranch residents wanted a masonry fence with
construction of the fence prior to the start of construction of homes, height restriction on any
lighting in the buffer, and extending the fence along the length of the detention pond to the north.
The second issue that Council directed the applicant to demonstrate was the Finding E of the
Code. That Finding indicated that the development was ~ scally sound as demonstrated in the
Cost Impact Analysis, and was consistent with adopted policies, infrastructure plans and
applicable Capital Improvement Programs and that the Development Plan set forth the phasing
and the plan for paying for the infrastructure and responsibilities for payment. The Fiscal Impact
City of Denton City Council Minutes
November 4, 2008
Page 28
Analysis was submitted by the applicant and upon review by the Finance Department was
determined that the analysis met the requirements of the Finding. All anticipated on-site costs
would be covered by the developer or the revenues generated by the proposed development. The
developer would also be responsible for certain off site improvements. Infrastructure needs such
as streets, internal water and sewer lines, and storm drainage would be the responsibility of the project as required by relevant city codes and ordinances and to be determined
at the time of
platting. Financing would be provided by equity and debt secured by the project and may
include private equity, internal funding sources, financing provided by banks or other lending
institutions and private financing. The proposed MPC met the requirements stated in Subchapter
35.7.12.6. The Planning and Zoning Commission recommended approved with conditions that
were agreed to by the applicant and were included in the ordinance.
The Mayor opened the public hearing-
The following individuals spoke during the public hearing:
Larry Reichhart, representing the applicant, asked for a clarification of the requirement to
save trees and construct the buffer fence before the start of construction. A detailed look had not
been done at the area and there might be the necessity to do drainage work which would prohibit
the construction of the buffer fence before the start of construction.
J. B. Spalding, 9405 Grandview Drive, Denton, 76207 -opposed
Arlene Simpson, 9920 Crestridge Drive, Denton, 76207 -opposed
Larry Turner, 10905 Fieldstone Street, Denton, 76207 -opposed
Martha Wood, 9304 Perimeter Street, Denton, 76207 -opposed
Peter Day, 9109 Perimeter Street, Denton, 76207 -opposed
Elma Walker, 9805 Grandview Drive, Denton, 76207 -opposed
Dick Welday,11812Clemson Drive, Denton, 76207 -opposed
Jack McBride, 9905 Crestridge Drive, Denton, 76207 -opposed
Dan Lamb, 9600 Colbert Cove, Denton, 76207 -opposed Suzanne Cote, 9113 Grandview Drive, Denton, 76207 -opposed
Tom Bryan, 9604 Grandview Drive, Denton, 76207 -opposed
Ray Wazny, 9117 Perimeter Street, Denton, 76207 -opposed
Richard Monahan, 10108 Countryside Drive, Denton, 76207 -opposed
Susan Solometo,10100 Soriano Street, Denton, 76207 -opposed
Kathleen Wazny, 9117 Perimeter Street, Denton, 76207 -opposed
Gary Pniewski, 9900 Crestridge Drive, Denton, 76207 -opposed
Kris Tarczon,11712Rosemont Court, Denton, 76207 -opposed
Betty and Jim Erickson, 9113 Perimeter, Denton, 76207 -opposed
Frank Ruggiero, 10208 Soriano Street, 76207 -opposed
Bruce Walker, 9805 Grandview Drive, Denton, 76207 -opposed
Fred Balda, representing the petitioner, was allowed a five minute rebuttal. He stated that the
developer was fortunate to have a large piece of property under one ownership. They were going
to develop a first class development. Tax payer dollars were not going to develop this project.
The developer would fund the off site infrastructures pursuant to the current agreements.
Eddy Eckert, Goodwin Marshall Engineering, stated that his firm had provided the water, sewer,
storm drainage and transportation analysis and the cost estimates with the studies, particularly in
Phase I, as directed by staff. The focus had been on Phase I and not on the entire project. Not all
City of Denton City Council Minutes
November 4, 2008
Page 29
of the final answers were available as there were different stages of the development such as the
zoning stage, the plat stage and construction plan stage. They had provided that off site water
lines would be needed, off site roadways would be needed and off site sewer would be necessary
and they had developed estimated costs for those. The developer was required to pay for those.
Until all of the final details were worked out, final costs could not be determined.
Council Member Watts questioned who was going to develop the property.
Balda stated that right now it was Hillwood but that might change. This was a guideline and a
zoning for whoever might develop the property.
Council Member Watts stated that Mr. Eckert had indicated that documents had been submitted
for cost analysis. If those existed, why did Council not have them in the backup materials.
Lockley stated that the Development Review Engineer had indicated that he did not recall seeing
any cost estimates.
Council Member Watts felt that this was a critical point. The primary concern seemed to be the
infrastructure and the maj or components.
Balda stated that regardless of the size of the figure, the developer was going to have to figure
out how to pay it. Did it really matter what was the figure because at the end of the day, the
developer had to pay it.
City Manager Campbell stated that the Council had asked the developer to provide additional
information but did not expect precise cost estimates for something that was not certain when it
would be developed. They had been talking about a water line estimate and options with the
understanding that the developer would get as close to the estimates as possible. The primary
objective was to have the developer understand and commit to the Council that it was their
responsibility to provide that infrastructure at whatever point in the future they determined they
wanted to start Phase I or whatever Phase. Staff understood that Council was asking for a
commitment that the developer would pay for the costs even if precise costs could not be
determined at this exact point. It was his opinion that this had been done.
Eckert stated that the cost estimates were not included in the reports but were done as a separate
spread sheet. The commitments were inside the reports.
Mayor Burroughs stated that there was no time requirement to start the project so cost estimates
would be very difficult to estimate at this time. It was important, however, that when the project
started, the burdens of the cost would not shift to the city.
City Manager Campbell felt that when this issue was sent back for further information, the intent
was to get the commitment from the developer recognizing that the developer would not be able
to identify precise costs. An estimate was needed so that the developers would know what kind
of commitment they would be making but the intent was to have an understanding that whatever
the cost was going to be, the developer could not come back to the City to provide the
in rastructure.
City of Denton City Council Minutes
November 4, 2008
Page 3 0
Mayor Burroughs asked if a home could be built without the infrastructure being created to
support the home.
Eckert replied that to build one home on the property, some infrastructure would be necessary.
Mayor Burroughs asked who would pay for that infrastructure.
Eckert replied the developer was committed to pay for it.
Mayor Burroughs asked if any of the infrastructure to be extended out to the first home built
there had to be paid for by the city.
Eckert replied no.
Mayor Burroughs asked if there was a particular time deadline when the first home had to be
built at this stage.
Balda stated no.
Mayor Burroughs stated that as this was a zoning issue, it could be built a year from now, five years from now, ten years from now. So estimating costs was very difficult to do
as when the
construction actually started, the costs could be very different. But the burden of those costs
would not shift to the city.
City Manager Campbell stated that it would not shift. The point that they had been making with
the developer was to give the City the assurance that when they were ready to plat and to
develop, they would have to demonstrate to the City that they would have adequate facilities
with infrastructure but could not come back to the city.
Mayor Burroughs stated that if the developer failed and only had partial infrastructure
completed, there would not be a home on the property so the city would not have to complete the
in rastructure .
Mayor Pro Tem Kamp asked about the buffer, fence, NR-3 zoning and single story homes.
Balda stated that they had agreed with the buffer at 28 feet and the one story homes. There was still a difference of opinion on the type of fence. They had suggested a board
on board wood
fence with steel posts with 30 feet masonry columns on center and would be maintained with the
Inspiration H~A. If there was a concern about the longevity of the fence, other materials such as
vinyl or hardy board could be used. Having the entire fence of brick seemed like a waste of
money.
Reichhart stated that regarding the NR-3 zoning, lot sizes were proposed which equated to a
density, which were the same size as the Robson lots. They would guarantee that the lot sizes
would be similar to Robson. Going to RN-3 did not guarantee lot sizes.
Council Member Mulroy questioned who would be developing the property.
Balda stated that he hoped Hillwood would be the developer but could not guarantee it.
City of Denton City Council Minutes
November 4, 2008
Page 31
Council Member Watts asked who was the applicant.
Richhart stated that Springbrook Planning Group was the applicant for Hillwood, the land owner.
Council Member Mulroy requested an explanation of what would happen transportation-wise on the overpass at Robson Ranch Road in terms of limitations of the overpass and a time
frame for
development.
PS Arora, Development Review Engineer, stated that the numbers generated for the traffic were
preliminary at this time. The Traffic Impact Analysis would be required when the development
went into the platting phase. The TIA would be a more determining study to determine the level
of service requirement for streets and intersections. That study would then provide the guidance
to go to the County or to go to TxDDT and present the findings to determine at that time, what
improvement would be necessary. Information had been provided for the MPC application
which was considered adequate for the MPC level study. once the platting process was started,
more definite figures would be needed.
Council Member Mulroy asked if it were a commitment to rework the overpass to the ultimate
buildout to six lanes.
Arora replied that if there were a need to develop the underpass, that would be part of the study
because offsite improvements that were part of the development would be part of the TIA.
Council Member Mulroy felt that the burden for the long term planning had not been completed.
The buffer was still not settled and there were infrastructure questions. He felt that he had not
received satisfactory answers for the infrastructure questions.
Mayor Burroughs stated that the problem with the overpass was that it was a TxD~T road and it
would be difficult to get a definitive answer regarding cost and when the improvements would be
made. How could the City require a commitment to definitive dollar amounts for a TxDDT road
and a commitment to an expansion that no one had control over.
City Manager Campbell stated that when the detailed analysis and TIA were done, there would
be a better feel for what might be required. Until those were done, no one would have a
definitive answer.
Mayor Burroughs stated that the infrastructure requirements were done during the plating
process and the consideration at this meeting was for zoning. The MCP requirements included
areas that were not normally seen until the platting process.
Council Member Mulroy felt that in order to get the Master Planned Community zoning, a larger
overview and reassurance was needed rather than what was just going to be platted in the near
future.
Mayor Burroughs stated that when Robson Ranch was proposed, it did not meet city codes in
numerous areas. If that had been relied on for some kind of criteria, there would be no Robson
Ranch today. It was also way outside the city. However, he felt it was a gamble worth taking
because of the qualitative elements in the development. He felt the MPC was created to give
more controls to the city to enact a vision and to allow a developer to be more creative in trying
to establish a vision. He was not sure how to get certainty out of future costs when the
City of Denton City Council Minutes
November 4, 2008
Page 32
development did not have to be developed on a particular time schedule. It could be 30 years
before a home was built but the city was requiring right now a definitive layout of costs and a
commitment on how to pay for those costs.
Council Member Watts stated that when a developer went to platting, all the infrastructure requirements had to be in place or a plat would not be approved. He questioned
if a TIA could
delay the platting process. He also asked if the developer would consider moving the start of the
development more to the north to help resolve the transportation issue.
Balda stated that from a developer point of view, Robson Ranch Road was the road to start with.
The bottle neck at Robson and I35 was a regional issue that hopefully TxDOT would address.
But to put that burden on this development was not necessarily fair. This was a regional issue
that needed to be addressed fairly over the entire city and not just this development.
Council Member Watts stated that even if Inspiration was not developed, there would still be an
issue of the underpass that Robson Ranch would have to address as it became built out. He
agreed that it might not be the sole responsibility of the Inspiration developers but how would
something be crafted that would help Inspiration, Robson Ranch and the city with the issue.
Balda stated that if the TIA indicated that the underpass was not sufficient for the amount of traffic, then maybe the development would need to start in the north. The
first step was to start
at Robson Ranch Road.
Mayor Burroughs stated that if the TIA indicated that the underpass was insufficient to support
traffic in whatever phase was being built, whether that was from Inspiration, Robson Ranch or
Country Lakes, what would happen at that point. Could construction begin at that point, could a
plat be approved?
Arora stated that the TIA was part of the final plat approval process. If the underpass
improvement was required by the TIA, how it was funded and where the money would come
from would be determined at that time by the developer.
Mayor Burroughs indicated that the developer could have all of the funding and TxD~T could
still not agree to the project.
Council Member Mulroy asked if the TIA indicated that the overpass was sufficient but TxDOT indicated it was not in support of the project, what would happen at that point.
Balda indicated that if there was an issue at that point, then the solution needed to be applied
evenly across the board to all of the developments in the area.
Council Member Watts asked if the same standard would apply to Robson Ranch. Would they
have to do a traffic impact analysis?
Cunningham stated that when a development came in to plat, if they could not demonstrate that
they could build the infrastructure, then no plat would be approved. Inspiration would have
MPC zoning but would not be able to plat and no building permit would be issued.
City of Denton City Council Minutes
November 4, 2008
Page 3 3
Kathleen Wazny stated that the Robson Ranch community wanted the buffer along the entire
boundary and not just behind the current homes on Perimeter Street. The phasing was the key to
the entire project.
The Mayor closed the public hearing.
Mayor Burroughs asked for a clarification of the buffer issue.
Reichhart stated that currently the buffer was just along the existing lots on Perimeter Street.
The open space and three lots past the open space had no buffer. Robson Ranch had indicated
that they did not plan a buffer on any more of their lots. The proposed buffer mirrored the
existing buffer from Robson.
Council Member Moreno asked if the application was denied what would it take to get it
approved in the future.
Lockley stated that if it were denied at this meeting, there would have to be a substantial change
to it before it could come back to Council.
Council Member Mulroy stated that his main problem was that they were trying to approve zoning for this large acreage with one obvious bottleneck being the underpass.
He felt the long
view was needed early in the process.
Mayor Burroughs stated that if the development was blocked by an insufficient TIA, the
developer would have to change the phasing either go in a different direction or make a smaller
phase. The development could be done piece meal which the MPC was trying to avoid.
Council Member Mulroy requested confirmation that the development could not go through until
the requirements shown by the TIA were fulfilled with no exception.
Arora stated that if the infrastructure was not supported by the TIA, then the development could
not be built.
Council Member Thomson asked if there was a secondary access proposed for Robson Ranch.
Arora indicated he did not believe so.
Council Member watts requested an answer from the developer regarding the phasing of the
project.
Balda stated that if the TIA required them to not start at Robson Ranch Road, then they would
have no choice but to change phasing. He did not feel starting the project in the north was a
good idea and requested the opportunity to end that out with the TIA.
Council Member Watts questioned doing the traffic impact analysis now to determine the
threshold analysis.
Balda stated that there was the possibility that the first phase might not start for several years and
other situations might arise to change the traffic such as another development or TxD~T
City of Denton City Council Minutes
November 4, 2008
Page 34
changes. The request this evening was for zoning and would doing the TIA at this point change
the request for zoning. He felt it would not. It might change his phasing but not the zoning.
Reichhart stated that all of the background information would change depending on the time of
development. Doing the TIA at this point would only provide a picture of what would have to be done if the development were to start right now.
Council Member Thomson felt that the TIA would be the stopping point to make sure the traffic
infrastructure was in place.
Thomson motioned, Kamp seconded to remove the item from the table. On roll vote, Kamp
"aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and Mayor Burroughs "aye".
Motion carried unanimously.
Thomson motioned, Kamp seconded to adopt the ordinance with the conditions as recommended
by the Planning and Zoning Commission plus a 28 foot buffer along the abutting property line
with current homes; a fence made of hardy board or masonry along the abutting property line but
not in the environmentally sensitive areas to be built upon plat approval of each subdivision
abutting this area; 100% single story homes along the abutting line with the existing Robson
Ranch homes; and lot sizes of 62x100 along the buffer area.
Council Member Watts wanted to make sure that the TIA requirement was a current practice and
was not something that was being created for this development. He wanted to make sure that it
would not fall through the cracks and did not need to be included in the motion.
Council Member Mulroy stated that the current practice as presented could be relieved by a
variance and he wanted assurance that staff would not support a variance.
Arora stated that the TIA was part of the Denton Development Code. This development had a
substantially high number of trips and would be required to do a TIA. They would have to do a
TIA as part of the platting process.
The following ordinance was considered:
N0.2008-286
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FOR A ZONING CHANGE
FROM A AGRICULTURE (A}, INDUSTRIAL CENTER GENERAL (IC-G},
NEIGHBORHOOD RESIDENTIAL 2 (NR-2}, REGIONAL CENTER RESIDENTIAL 1
(RCR-1), COMMUNITY MIXED USE EMPLOYMENT (CM-E), AND PLANNED DEVELOPMENT 13 8 (PD-13 8) ZONING DISTRICTS TO THE INSPIRATION
MASTER PLANNED COMMUNITY (MPC} ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION; THE AREA FOR ZONING CHANGE ENCOMPASSES
3,331 ACRES OF LAND LOCATED ON BOTH SIDES OF I-35W BETWEEN
ROBSON RANCH ROAD AND VINTAGE BOULEVARD AND IS LEGALLY
DESCRIBED AS CERTAIN TRACTS OF LAND IN THE E. PIZONO SURVEY,
ABSTRACT NUMBER 1269, G. PETTINGALE SURVEY, ABSTRACT NUMBER
1041, J. TAFT SURVEY, ABSTRACT NUMBER 1269, G. WEST SURVEY,
ABSTRACT NUMBER 1393, B.B.B. & C. RAILROAD COMPANY SURVEY,
City of Denton City Council Minutes
November 4, 2008
Page 3 5
ABSTRACT NUMBER 158, S. PRITCHETT SURVEY, ABSTRACT NUMBER 1021
AND THE MCCUTCHIN LANDS KNOWN AS PILOT KNOB RANCH IN 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 (MPC07-0001, INSPIRATION}.
On roll vote, Kamp "aye", Moreno "aye", Mulroy "aye", Thomson "aye", Watts "aye", and
Mayor Burroughs "aye". Motion carried unanimously.
H. Hold a public hearing and consider adoption of an ordinance designating and
describing the boundaries of a Tax Increment Financing Reinvestment Zone for the Downtown
District of Denton, Texas; establishing the duration of the zone; establishing a Tax Increment
Fund; establishing a Board of Directors for the Tax Increment Financing Reinvestment Zone;
making certain findings and other matters related thereto; and providing an effective date.
This item was not considered.
With no further business, the meeting was adjourned at 2:31 a.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Parks and Recreation Department
ACM: Fred Greene
SUBJECT
Hold a public hearing and consider adoption of an ordinance granting approval of the use of a
portion of the North Lakes Park for the purpose of water line improvement in accordance with
Chapter 26 of the Texas Parks and wildlife Code; providing for an easement; and providing an
effective date. (Parks, Recreation and Beautification Board recommend approval with a vote of
7-0.}
BACKGROUND
Denton Municipal Water Utilities has requested the use of park land in order to locate a 42"
water transmission line across the north and southwestern boundaries of North Lakes Park, south
of Riney Road and east of Bonnie Brae Street. The request is fora 30-foot wide easement
agreement through portions of the Park.
State law as defined in Chapter 26, Protection of Public Parks and Rec~eatlonal Lands, of the
Texas Parks and wildlife Code requires that:
(a) a municipality of this state may not approve any p~og~am or' project that r~equi~es the
use o~ taking of any public land designated and used p~lo~ to the a~r~angement of the
p~og~am o~ project as a park unless the municipality, acting though its duly
authorized governing body or' officer', determines that:
(1) there is no feasible and prudent alternative to the use or taking of such land;
and
(2) the program or project includes all reasonable planning to minlmlze harm
to the land, as a park, resulting from the use or taking.
(b) A finding maybe made only after notice and a hearing as required by this chapter. "
If the proposed water line easement is allowed, a value must be placed on the 4.623 acres of land
and charged to Denton Municipal Water Utilities Department. In addition, land disturbed in the
Park will be returned to its original condition.
Denton Parks and Recreation Department and the City of Denton staff have reviewed all other
possible alternatives. These alternatives included:
• Select a route through the city that would by-pass the Park area. A routing study was
conducted. It determined many circuitous directions and multiple property ownership that
make the proposed routes to be unreasonable.
• Select a route that would use other areas of North Lakes Park. This routing may cause
negative impacts to the Park, disruption of flood storage areas and trees.
• Permit the proposed routing of a water transmission line easement across the Park's north
and southwest property lines. After review of this option, it appears to be the most prudent
and effective way to construct a water line through this part of the city.
North Lakes Park Water Line Easement
December 9, 2008
Page 2
OPTIONS
Because alternatives to the requested easement are not feasible, the best option is to approve the
use as presented along the north and southwestern property lines of the North Lakes Park or
require the Denton Municipal Water Utilities to begin obtaining easements around the Park and
through adjacent property owners.
RECOMMENDATION
After reviewing all other alternatives for the water line easement agreements, staff recommends
approval of the use of North Lakes Park for this project. The Texas Parks and Wildlife
Department and the National Park Service who have previously provided grants at the Park have
concurred with the proposal. There will be no major impact on current Park operations or
programs. The Denton Parks and Recreation Department confirms that the City of Denton has
investigated all other alternatives and has used reasonable planning to minimize harm to the land.
ESTIMATED SCHEDULE OF PROJECT
Construction is planned to start spring of 2009.
PRIOR ACTION/REVIEW
The Parks, Recreation and Beautification Board recommended approval 7-0 on August 4, 2008.
FISCAL INFORMATION
Compensation related to the market value of this easement will be paid by the City of Denton
Water Utilities in the amount of $91,730.
BID INFORMATION
Not applicable
EXHIBITS
1. Map
2. Texas Parks and Wildlife Letter
3. Parks, Recreation and Beautification Board Minutes of August 4, 2008 4. ordinance
Respectfully Submitted:
y ~
Emerson Vorel, Director
Parks and Recreation Department
Prepared by: ~ ~ ~
Bob Tickner, Superintendent, Park Planning
Parks and Recreation Department
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Life's better outside.''°'
October 21, 2005 Commissioners -
Peter M. Halt Chairman
San Antonia
T. Dan Friedkin vice-Chairman Mr. Robert K. Tickner
Houston
Mark E.B;vins Superintendent of Park Planning Amari~o 601 E Hickory St., Ste B
Robert Brawn Penton TIC 76205
EI Paso
~aiph H. Duggins Part Worth fie. Denton North Lakes Park
Antonia Paican, M.D. Pro ect Numbers 45-00141, 20-00401 and 45-00454
Ria Grande City
Karen J. Hixan son Antonia Dear Mr. Tickner.
Margaret Martin
Boerne
John D. Parker Thank you for your request to use a portion of the referenced project for Lufkin a water line easement. Your proposal is accepted, and the City may
Lee M. Bass proceed with the installation of the waterline. Please let us know when
Chairman~Emeritus Fort Worth the work is complete.
carter P. Smith INe appreciate your ratification prior to commencing an the work. Feel Executive Director free to contact me if you have any questions.
Sincerely,
p ~4~ 9~ ~5~~; P~ A ~ ~ Ifs r~~"~
i r. af.r
Tim Hogsett, CPRP
Director
Recreation Grants Branch -
TH:re
4200 SMITH SCHOOL ROAD .
AUSTIN, TExAS 78744-321
512,389.4800 www.tpwd.state.tx.us
1 DRAFT
2
3 Parks, Recreation and Beautification Board
4 Minute s
5 August 4, 2008
6 Civic Center Conference Room
7
8 Members present: Carol Brantley, Allyson Coe, Dale Conway, Reggie Heard, Jo Kuhn, Ross Richardson, 9 and Jennifer Wages
10 Members absent: None
11 Staff present: Emerson Vorel, Amanda Green, Mary Aukerman, Janie McLeod and Paul Williamson, Real
12 Estate.
13
14 Chairperson Jo Kuhn called the meeting to order at 6:00 p.m.
15
16 AWARDS AND RECOGNITIONS:
17 Tomara Rock, Recreation Coordinator at MLK, was introduced to the board as the recipient of the Jack
18 Ashworth Jr. and Sr. Endowed Scholarship award from TRAPS. She showed the actual award to the 19 Board members who congratulated her on her accomplishment.
20
21 APPROVAL OF MINUTES OF June 2, 2008 MEETING: Chairperson Kuhn asked for any amendments
22 to the minutes; there being none, the minutes were approved as written.
23
24 ACTION ITEMS:
25 a) Consider a Request from the Denton Black Chamber of Commerce to Sell Alcoholic Beverages at
26 the 1 Annual Blues Festival -Janie McLeod presented a request from the Denton Black Chamber
27 of Commerce to sell alcoholic beverages at their annual Blues Festival. She stated that they are again
28 using to use Quakertown Park as their venue instead of the Fair Grounds, as they have better 29 participation.
30
31 MOTION: Jo asked that a motion be made to approve the request from the Denton Black Chamber
32 of Commerce to sell alcoholic beverages at the 10th Annual Blues Festival; Allyson made the motion,
33 Reggie seconded the motion and the motion passed with a vote of 7-0.
34
3 5 b) Proposed 42" Water Line Easement at North Lakes Park -Paul Williamson explained that, since
3 6 this was presented at the last meeting, a portion of the line had been moved to the west and off of park
37 property and will now have much less impact on the athletic fields but should grant a road easement
3 8 to the park property from US77. Emerson explained that we are still waiting for approval from Texas
39 Parks and Wildlife and the National Park Service and the granting of this easement will be contingent 40 upon receiving those approvals. Paul pointed out that this is just
phase one of a proposed pipeline to
41 provide potable water from Lake Ray Roberts to the new communities being developed in the
42 southwest part of Denton and is important for the City of Denton as a whole.
43
44 MOTION: Jo asked that a motion to consider approval of the proposed 42" water line easement at
45 North Lakes Park contingent on the project meeting all the requirements of the Texas Parks and
46 Wildlife Chapter 26 code; Jennifer made the motion and Allyson seconded the motion, which was
47 passed with a vote of 7-0.
48
49 DISCUSSION ITEMS: 50 a) None.
51
June 2008
1 DIRECTOR'S REPORT
2 PROJECT STATUS REPORT -Citywide Parkland Acquisition -Emerson reported that the 196 acre
3 tract of land is set to close sometime in September. Emerson stated that he was very excited to acquire this
4 parcel of land for the city as he sees it housing athletic fields as well as amega-recreation center in the
5 future.
6
7 Senior Center Renovation and Expansion Project -There was a small fire in the kiln closet at the center
8 on Monday, but the damage was confined to that area, which includes water damage from the sprinklers,
9 but they worked to keep the fire contained. There a drainage issue with this project as it lays in a flood 10 plain. It will take extra time to resolve the issues because
of the need for FEMA to amend the map flood
11 line. The consultants are already preparing a Letter of Map Amendment to submit to FEMA.
12
13 Director's items not in the packet:
14 Water Works Park -The Park had a record breaking attendance of 3,000 on one day. Jo asked if we
15 were having record attendance this year with the unusually hot weather, but Emerson explained that
16 when the weather gets too hot, people do not want to be out in it for any reason, even attending the
17 pools, but he did say that early reports show good attendance this year.
18
19 Emerson stated that no cases of cryptosporidium have been reported in the City's pools, although 10
20 cases have been reported in Denton County. Emerson pointed out that the Natatorium has the UV 21 system that kills the parasite immediately and that they hyper-chlorinated
the pools at the Water Park
22 on Friday night and at Civic Center pool on Saturday night. The problem with this process is that the
23 next incident could happen with the first child in the pool and the parasite could be reintroduced at that
24 time. The parasite does not thrive in the chlorinated water but is reintroduced with each contaminating
25 incident. We will continue to keep up practices that minimize the possibility of an incident in the City
26 of Denton pools.
27
2 8 KEEP DENTON BEA UTIFUL
29 Director's Report - No discussion.
30
31 PUBLICART COMMITTEE MEETING MINUTES
32 Emerson pointed out that, since the Public Art Committee is asub-committee of the Parks, Recreation and 33 Beautification Board, their meeting minutes will be included in future
Park Board meeting packets.
34
3 5 ITEMS FOR UPCOMING MEETINGS:
3 6 Emerson pointed out that Carole may not be able to continue on the Board. Carole said that she will have
3 7 confirmation this week as to whether or not she will remain on the Board.
38
39 With no further business on the agenda, Jo asked for a motion to adjourn; Ross made the motion to
40 adjourn, Carole seconded the motion and the meeting was adjourned at 6:26 p.m.
June 2008
s:lour dacumentslardinancesl~$Ichap ~6 ar~inance north lakes park v~a~er ~.rtili~ easern~nts 12-9-08.doc
~~DINANCE N~.
AN ~~DINANC~ ~~.ANT~N~ APP~~AL ~F THE LASE ~F P~~TIN ~F N~RT~I
LASES PACK F~ THE PU~PDE DF wATE~ LINE IPR~~EIV~ENT IN
ACC~DANCE w~TH CHAPTER ~ CF THE TEAS PARKS AND WILDLIFE CDD~;
PkD~IDINC~ FAR AN EASEMENT; AND PR~~~DINC~ AN EFF~CTNE DATE.
wI~REAS, Section .ool of the Texas Parks of wildlife Code p~ov~des that public
land designated and used as a park .y be used for anon-park purpose if the City Council finds
after notice and hearing that there i not feasible and prudent alternative to the use of suoh land
for the proposed project and the proposed project includes all reasonable planning to n~inirnize
harm to the parr resulting from such use; and
WHEREAS, the City of Denton desires to improve water utility service to the Cif of
Denton extendiu. a major water transmission line across a 4.~2 acre section through Noah
Lakes Park; and
wHEAS, the Crty of Denton deslres to provrde a water lrne easement since alternative
options would not be feasible and pradent; and
WHEREAS, the City provided notice rn the Denton Record Chronicle on November 1 S, .
Z5, and December 2o4S of a Public Hearing to be held on December in the Council
Chambers to consider the alternatives to the use of City Park far the water utilities project; and
wHER~AS, the City Council on December ~oDS received testimony at a public
hearing on the issues of no fea~~ble and prude~.t alternative to the use of the property far the
proposed project and that the project includes all reasonable planning to min.i~ni~e harm to the
North Lakes Park resulting from the water utility ~mpro~ernents; and
wHER~AS, the City Council finds that the project does not fall within the purview of
Section 25~.ool ofthe Texas Local Crovernmen.t Code; and
wHER~A, the City Council finds that there is no feasible and prudent alternative to the
use of the park land and that the subj ect water utilities prof ect includes all reasonable planning to
m1n1m1~e Kann to the park as a result of the p~ro~ ect; NDw, TI~E~.EFD~,
TIDE C~ICIL DF THE CITY DF DENTIN HE~.EBY ORDAINS:
S~CTI~N l . The water utility improvements proposed by the City of Denton Municipal
water t111t1es the "Project"~ shall be constructed and maintained below the surface of the park
property described and depicted in Attachment 1, Public water Lire Dedication Easement,
which is attached hereto and made a part hereof for all purposes, and that the surface of the parr
after Installation of the water utility xmproveme~.ts be constructed in a manner so that the park
Lm
S:10ar ~acnmea~tsl0rdina<iCes1Q&lp►ap 26 Ordinance Nark Lakes Park Wata Utility Easements t2-g-~$.doe
i
s
land may still be used by its patrons after cornpletion of the Project in the carne manner it a
used prior to the Pro j pct.
ET~D~ 2. A water line ease~.ent, substantially in the form referenced herein a
Attachrnent 1, shall be signed by the xty tanager or his designee and approved by the pity
Attorney allowing the use of the park property for the Project as referenced above with
appropriate provisions to insure the improve.ents are constructed in accordance with pity
Subdivision Rules and Regulations; protects the patrons using the park from injury and damage
both during and after construction of the Project; compensates far the reasonable rriarket value of
the use herein granted and generally protect the health, safety and general welfare of the pity.
SETI~N During construction of the fro j ect, ten~porar~ use of such addit~ona.l park
land necessary to stage the construction of the in~proven~ents nay be approved by the Director
Parks and Recreation Department. PIowever, at the completion of the construction ctiv~t~es for
the Pro~eot such additional park land shall be restored to the condition to which it existed prior to
the beginning Of such Construction aCt1V'ltlesr
ETI~~ 4. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the pity.
E~TI~N 5, The findings contained in the preamble of this ordinance are incorporated into the body ofthis ordinance.
ET7~N Thrs ordnance sha11 become effective immediately upon its passage and
approval.
PAED A~TD APPROVED this the ! day of , ~0~~8.
ARC A. BURR~~JH , NiAY~R
ATTEST:
~E~NIFER wAETERS, CITY ERETARY
By1 .
APPROVED AS T~ LEGAL FARM:
AN~TA B~1RC~ES, f`T~' ATT~R~`~
By:
Page 2 of ~
~t~~~i~~~~~ i ti
i d'
FNTIALIT~' ~ ~ #J ~ 3 # ~i.1 4/ ~~F~D
~~~i.I ~ THE 3 ~~~~~V i i.
AIRY TR[JIVIE~T THAT TRAFER AN INTEREST ~ READ PR~PET~ ~EFRE
IT I~ FILED F~~ RECORD I~1 THE PBI~I RE~RD; YOUR ~~IA EST
DRI~TER~ LI1SE
~ ~1~w AI.~I~ BEN Y THESE PREN"1,;
~~ITY ~F DENT`l~ ~
That the ITS DF DENT, TEA, a murcipa~ corporat~an the "pity"~, for and in
consideration of the sum of TES D~LLAR.S ADD ~ ~E~T ~ l0.aa~ and other goad and
valuable consideration tha receipt and sufl`iciency of which is hereby acknowlged, hereby
dediea~tes to a ublie's use an easement for water line urility facilities, slung with the l~
custom uses attendant thereto, over, under through, across and along ail those tracts or
arcels of land described in Exhibit Exhibit and Exhibit and illustrated in Exhibit
"B" exhibit "D", E~chibit "F~', and Exhibit all attached hereto and made apart hereof by
reference for all purpose,
This easement is far the purpose of constructing, using and maintaining water line facilities in
accordance with the a raved plans and specifications for the contemplated Forth-South 4~" pp
water Main Pro'ect, which will best sere the public while at the same time, protecting the
irate ri of the existing pity park land, The uses authorized by this easement are subordinate to
the ity~s use of doe easement area as park land,
Persons res onsible for the constructive of in~prove~nnts within this easeme~rt shall comply with P
the following terms;
~ . e air, modify, or reconstruct the water line utility facilities {and custorna~y uses P
attendant thereto authorized above to comply with all applicable pity ordinances, rules and regulations.
2, Re air and restore an ire raverr~ents in the easement area, lawfully placed therein by the p y p
pity, its agents, employees or independent cont~ractars or by others pursuant to an
easement, a reen~ent, or license granted by City damaged by the negligence ~f such
ersons or their agents, employees, ar independent contra~ctars working in the easement p
area with such ersons ~ approval, in constructing and maintaining water line utility p
facilities.
The easement area is City park land, Aber all work is performed the surface of the
easement area shall be restored so that such park land may be used by patrons ofthe park
in the same manner it was used prior to the work being performed.
i
1 r~
'1 4
0
Yn addition to the rant of the eanent easement herein, 0-foot wide temporary work space ~ ~
easement is hereb anted Motherly of and easterly ~ of the respective easements tracts described
and depicted herein,
This easement will terminate if the easement area is used other than in compliance with the
design as reflected in Forth-youth dater fain Fro~ect plans.
This esernent is authorized by the City Council of the City of Denton, Texas, pursuant to
ordinance No, ~4DS~ which was adopted after the pity complied with the provisions
of Chapter of the Texas larks and Wildlife Code, ~ .
~~EC~JTED this the day of , 2UO~.
C~T~ DIJNT~N, TEA
~org~ ~ CaI~]pb~l~
ity Il~ar~ager
Tl~~ TAT ~F TEA ~
C~~JNT' C~ DENTIN ~
This instrument is acknov~Iedged before me, on this the _ _ day of ~0~8,
b DBE , CAMPBELL, City l~lanaer of the City of Denton, Texas, a municipal Y
co oration, known to me to be the person whose name is subsct~be~ to the foregoing instrument
and acknowled ed to me that the same was the act afthe said City of Denton, Teas, a municipal
co oration that he was dui authorized to perform the same by the City Co~no~i of the Ctty of Y ,
Denton and that he executed the same as the act of paid City for the purposes and cons~derat~on
therein expressed, and in the capacity therein stated,
Notary public, State of Te~cas
Approved as to legal form; ~ .
John iVI, Knight, interim City Attorney
4
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- LC~II D~SR~PTI~N .
PER~NAI~ENT WATER ~.II~E EA~~MEN"~
BEING acres of land latated in the N. H~ M~1ENh~~~MER SUI~~IEY, Abstract No. ~1 Denton, Dentar~ Coon#y, Texas, and beir}g a portion of the
tracts of land conveyed to the City of Denton, by the deeds retarded to Volume ~ .
g~, Page ~~7, lialurr~e Page Volume Page , l~alume 87~. Page 34'l, and Volur~e fi~7, Pegs of the Deed Records of Denton County,
Texas. Said ~.06~ acres of land being more part'roularly dest~bed by metes end
bounds a follows:
BE1NNIlMI~ at a paint being l#ed S 4D° 1~1 4~.aa beet from a iron
rod found at the Nar#hwest aorner of the City of Penton Tract, retarded in
Volume SOB, Page and tl~ mast Northerly Northeast tamer of City of Denton Tray, retarded in Volume Page 21~` of the Deed Re~rds of
Denton County, ~`ex2~s; .
THENCE 8B° 4~' ~8p E 28.3 feet, #o a point;
THENCE along the forth boundary line of said Ci~r of Derr#on Tracts,
recorded in Volume Tg4, Page ZfiS, Volume Page 34~ and Vo~~me
89~, Page ~1 of the Deed Retards of Denton County, Texas, as follows:
~ . N 6~° 31' 43" E ~ .94 fee#, tv a 8~ iron rod found the
Southeast earner of a tract of hand conveyed to Samuel J. lll~arina
and r~tfe, Morothy Q. Marina, by the deed fecorded irr Volume ~ 48~, Page ~~4 of the Deed Records of Denton County, Texas;
N 6~° 45TM E SaD.~ feet, to a ~!S" iron rod found;
3. 89° 35' ~ ~ ~ 1 ~8. ~4 feet, to a paint;
THENCE S 3~ ° 08' ~ W X4.9 feet, to a point:
THENCE running along a line 3B feet South of and parallel to the North
boundary line of aforesaid City ~ Denton ~`racts, as follows.
1. N 89° 39' ~ l~l ~ 034. ~0 feet, to a point,
2. 55° ~1' 4~,4D feet, to a porn#,
# r~
THENCE N 8B° 4g' 41~" iIV B3B.13 feet, to 8 paint lying Nn the West boundary line of City of Denton TrattF recorded in Volume figl, Page 2~ 7 ~
of the Deed Records of Denton County, Texas;
THENCE N DD° ~8' E D,a0 feet, aivng the V~esf b~rndary line of said City of Denton tract, to a point;
THENCE ~8° ~0~ 4~" E 549.E feet, to the P~tNT OF BEGINNING, containing ~,46~ acres ~~9,8a4 square feet} of land.
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UR~l~Y, ~Ibtra~t Na, D~~n, ~en~~r~ a~nt~, Te~a# and Ong a po~ian
of the tr~Gt of land conveyed #o the City o~ Benton, by the deed recorded In
~ol~e 89~', Pale 8~ of the Deed records of Denton County, Texas. Said ~0 foot wide strip al' lend being more particularly des~bed bar metes end baund~ ~s
tollo~rs:
B~G1NhlIN~ at a point lying ~ ~9° 37~ ~ ~8.~~ feet dram a ~ iron rod
fond at the southeast corner qt Lai ~locl~ No~fhL+a~Ces i/r~es Station
~d~l~I~n, t~ I Q'~ D~r~ton, ent0~ County, Te~caS, ~cCO~dln~ ~0 the
ptat recorded in Cabinet GF Pale 33~ of the fiat record a# Dena ~ou~ty~ Texas;
THENCE ~ ~U° 18' 1~~ E 31 feet, to a faint lying E~ the South boundary line of a tray 4f land designated as Tract lil sn the deed to
ayxar l~~res#~nents, Ltd,, recorded in ~lolume X93, Page 5~? of the
Deed l~ecord~ ol~ Denton County, Te~a~~
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said l~ay~or tnvestrnents Tract to a paint;
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being more partic~i~rl~ described by metes and bo~,nds a follow:
BGiNNING at a point in the Sau#h boundary line of said pity Benton Tract,
recn~ed in 1lalurne Eage ~8, lying N fi4° 4B' ~ ~8,~3 feet ftom
an "~C" cut in cante #aund in tr'~e Vest ri~ht~u~-way line of Bonnie Brea
Btreet, at the Bauthwest corner ~ said City Canton Tract; .
THEN N Qua ~5' ~0" ~ feet, to a poin#;
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THEE ~ ~~H ~ ~0 ~ point;
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THENCE N 3fi' ~0" E ~ ~fi~~ ~ ~ feet, to a pain;
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the Geed ~ec~rds of Benton County, Texas; .
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AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT - A08-0001(JNC Properties Annexation}
Hold the second of two public hearings to consider, under the annexation procedures for areas
exempted from the municipal annexation plan, the voluntary annexation and service plan for
approximately 868.29 acres, located in the City's Extraterritorial Jurisdiction (ETJ}, Division 1.
The proposed annexation is in multiple ownerships, and consists of two distinct areas, as
presented in Exhibit 1. The first area (annexation area # 1 } is approximately 24.94 acres in size
and is generally located between the City's current northern city limits and Lake Ray Roberts,
south of FM 2153. The second area (annexation area #2} is approximately 843.35 acres and is
generally located east of FM 2164 and north of Shepard Road.
BACKGROUND
Applicants: JNC Partners Denton, LLC, White Cake Denton, L.P., and John Lau
An annexation proceeding is being considered by the City of Denton for approximately 868.29
acres consisting of two distinct areas, as presented in Exhibit 1. The first area (annexation area
# 1) is approximately 24.94 acres in size and is generally located between the City's current
northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area
#2) is approximately 843.3 5 acres and is generally located east of FM 2164 and north of Shepard
Road. The purpose of the proposed annexation is to annex the properties to eventually develop
them along with the other JNC properties to the east as a Master Planned Community.
The following items summarize the important actions taken:
• 0n December 2, 2008, City Council held the first of two public hearings.
• The subject property proposed for annexation is located within City of Denton's Extra-
territorial Jurisdiction (ETJ} and is not zoned.
• The Comprehensive Plan identifies this area to be within a Rural Areas land use
designation.
• The annexation is scheduled for completion on February 17, 2009, see Exhibit 5.
In accordance with the City's annexation policy plan, approved in June 1993, the City will
"assess on a case by case basis the annexations of areas in the ETJ when significant
developments are proposed." Annexation should be considered when a property is located
within the designated urbanizing area; is expected to accommodate urban growth in the next
twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of
way. The subject site is located in Demon's ETJ Division 1. As such, development is subject to
only the City's subdivision regulations and not zoning regulations. The subject property is not
within a platted lot; any subdivision or recon~ guration of the subject property will be subject to
the City's subdivision regulations. Incorporation of this site into the City would not require
additional properties.
Public notification information is provided in Exhibit 4. As of this writing, staff has received
three responses from property owners within 200 feet of the subject site. one property owner is
neutral to the proposed annexation and the other is in favor and the third is in opposition.
OPTIONS
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Discontinue annexation.
RECOMMENDATION
Staff recommends that the public hearings proceed as scheduled, finding that the need to manage
and coordinate development in an orderly manner is a significant City objective that the City of
Denton will pursue.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
December 2, 2008 First City Council Public Hearing
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
EXHIBITS
1. Location Map
2. Future Land Use Map
3. Proposed Plan for Development
4. Notification Information
5. Annexation Summary Schedule
6. Service Plan
7. Service Area Analysis
8. Responses to public hearing notice
Prepared by: Respectfully submitted:
Ron Menguita, AICP Mark Cunningham, AICP
Planning Supervisor Director of Planning and Development
EXHIBIT 1
At~~-~~~1 Jul' Pr~~~r#i~ Lc~~~~tian
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EXHIBIT 2
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A~N~XATI~N
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EXHIBIT 3
PROPOSED PLAN FOR DEVELOPMENT
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EXHIBIT 4
~08~~C~0~ ~D~C ~r~~~rti l~~ti~ic~~~i~r~ ~~~~farr~~~ati~n
,4N~J~XAT~O~J ~ 1
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Public Notification Date: 11/17/08
~ F. 200' Legal Notices sent via Certified Mail: 62 ~
500' Courtesy Notices sent via Regular Mail: 78
Number of responses to 200' Legal Notice
■ In Opposition: 1
■ In Favor: 1
■ Neutral: 1
EXHIBIT 5
ANNEXATION SUMMARY SCHEDULE
A08-0001 JNC Properties Annexation
Tuesday,l2/2/08 City Council conducts first public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
❑ Annexation Study prepared and available for public review.
❑ Service Plan prepared and available for public review.
Tuesday,l2/09/08 City Council conducts second public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
wednesday,l2/10/08 Planning and Zoning Commission public hearings -make a
recommendation to City Council regarding the ro osed
annexation.
Tuesday,/ /06/09 City Council by afour-fifths vote institutes annexation proceedings
First reading of annexation ordinance.
• Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday,/ / 18/09 ordinance published
• The ordinance cannot be acted upon until at least 30 days after
publication.
Tuesday, 2/17/09 City Council by afour-fifths vote takes final action. Second
readin and adoption of the annexation ordinance.
~ Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings (adopts ordinance on 1st reading}. The
second reading of the ordinance could be held any time
between 2/17/09 and 4/06/09.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1st Reading of the
ordinance) more than 20 days after the second City Council public hearing but less than 40
days from the first City Council public hearing.
EXHIBIT 6
CITY OF DENTON SERVICE PLAN FOR
A08-0001 JNC Properties Annexation
I. AREA ANNEXED
The area to be annexed comprises approximately 868.29 acres of land adjacent to the City of
Denton, Texas, located in the northeastern area of the City's Extraterritorial Jurisdiction
(ETJ), Division 1. The proposed annexation is in multiple ownerships, and consists of two
distinct areas, as shown on the attached location map. The first area (annexation area # 1) is
approximately 24.94 acres in size and is generally located between the City's current
northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation
area #2) is approximately 843.3 5 acres and is generally located east of FM 2164 and north of
Shepard Road.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code, Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, as amended). Municipal facilities
and services to the annexed area described above will be provided or made available on
behalf of the City in accordance with the following plan. The City shall provide the annexed
tract the levels of service, infrastructure, and infrastructure maintenance that are comparable
to the levels of service, infrastructure, and infrastructure maintenance available in other parts
of the city with similar topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, Code Enforcement, and Animal Control
Police service, including patrolling, response to calls, and other routine functions,
will be provided to the property upon the effective date of the annexation using
existing personnel and equipment. Code enforcement and animal control services
will also be provided to the property upon the effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency medical
services will be provided to the property upon the effective date of the annexation.
The estimated emergency response time in this area is 10 minutes, which is
similar to responses for surrounding properties within the city limits. The City of
Denton will provide emergency medical services ("EMS").
D. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and accepted
by the City of Denton and/or Denton County, shall be maintained by the City of
Denton on the effective date of the annexation. Maintenance of street signs, street
lighting and traffic control devices will commence by the City of Denton on the
effective date of the annexation.
E. Parks and Recreation Facilities
There are few residents in the area to be annexed, and no parks are currently
located within the proposed annexation area. Denton neighborhood park facilities
are located within reasonably close distance of the proposed annexation area.
Residents of the proposed annexation area will be able to use existing City of
Denton park and recreation facilities and programs. As the land develops, the
City will evaluate the need for park and recreational facilities in accordance with
the 200o Parks and Recreation Master Plan and applicable city ordinances.
F. Library Services
Library services will be made available on the effective date of the annexation on
the same basis and at the same level as similar library facilities are maintained
throughout the city.
G. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available on the
effective date of the annexation on the same basis and at the same level as similar
facilities are maintained throughout the City. Both services are provided on a
"cost recovery" basis, and permit fees offset the costs of services delivered.
Incomplete construction must obtain building permits from the Building
Inspections Department of the City of Denton.
H. Planning and Development Services
Planning and development services will be made available on the effective date of
the annexation. The Planning and Development Department currently services
this property by way of administration of the Development Code, concerning
subdivision and land development regulations.
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial Solid Waste
service provider within Denton's city limits. The City ordinance requires Solid
waste services for all residences and commercial businesses located in the City.
The City of Denton Solid Waste Department is fully funded through the service
fees charged, and receives no funding from city tax revenues. Solid waste refuse
collection services will be provided to the newly annexed property immediately
upon the effective date of the annexation.
All residential homeowners and commercial businesses should telephone the City
of Denton Solid Waste Customer Service Department at 940-349-8787 to initiate
service.
Residential Solid waste Services
Each residential customer will be provided a 60-gallon wheeled, green refuse cart,
which will be serviced one time per week. Upon request, a smaller or larger refuse
cart can be provided. Residents are required to place their refuse cart(s) at the
curb prior to 7:00 a.m. on their collection day. Carts should be placed at the curb
for collection no earlier than 6:00 p.m. the evening prior to their collection day.
Carts are to be removed from the curb no later than 6:00 a.m. on the day
following their collection day. All refuse placed in the cart for collection must be
bagged to eliminate wind blown debris and littering. Refuse that is not placed in
the cart with the lid closed will not be collected. Additional carts may be provided
for an additional monthly charge.
Weekly yard waste service is provided.
Weekly curbside recycling services with each residential customer being provided
a 60 gallon wheeled blue recycling cart. Collection is provided by Allied Waste
Services.
Household Chemical Collection provided once per week upon request.
Each residential customer's refuse cart service, curbside-recycling service, yard
waste collection service, and household chemical collections will occur on the
same day each week. Please telephone Solid Waste Field Support operations,
940-349-8080 to obtain information or find out which day your refuse, yard
waste, recyclables, and household chemicals will be collected.
Commercial and Industrial Refuse and Recce Services
Each commercial and/or Industrial business will be provided with a commercial
container(s). They are available in a variety of sizes and frequencies of collection,
based on the waste materials types and volumes generated. All refuse placed in a
commercial refuse container for collection must be bagged to eliminate wind
blown debris and littering. Refuse that is not placed in the container with the lid
closed (front load containers only) will not be collected. All refuse placed outside
any container is subject to code enforcement regulations, including potential fines.
For placement of a commercial recycling container, please contact Solid Waste
Field Support operations, 940-349-8080, to have a recycling coordinator visit
your site to perform a recycling materials audit in order to determine the various
materials available for recycling at your site. All recyclables shall be placed in
recycling containers without being bagged.
Landfill Services
The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m. to 4:00
p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on Saturdays. For
information regarding landfill disposal charges or other services, call the Landfill
office at 940-349-8041.
B. VVater/WastewaterFacilhies
The annexation area is along the northeastern border of the City of Denton. The
annexation property is located within Denton's wastewater Certificate of
Convenience and Necessity (CCN}, which is a utility service area permit
authorizing a specified utility to be the retail service provider. The water CCN
holders for the annexation property include the City of Denton, Bolivar Water
Supply Corporation and Green Springs Water Supply Corporation.
Currently, the area to be annexed is provided water service by Bolivar Water
Supply Corporation, Greens Springs Water Supply Corporation or private water
wells. Wastewater service is currently provided by individual private onsite
wastewater systems (septic tanks and aerobic spray irrigation systems).
There is a 54-inch waterline along FM 2153 and FM 428 in immediate proximity
to the area to be annexed. Water service is available from this transmission
pipeline to provide both potable water and fire-flow at designated connection
points that were designed into the pipeline upon acquisition of the right to serve.
The City of Denton has plans to construct a new wastewater treatment plant in the
Clear Creek watershed to provide wastewater service to this portion of their
wastewater CCN. The City has obtained a wastewater discharge permit from the
TCEQ for this facility. Construction of this facility however is currently not
included in the 5-year capital improvement plan.
The City shall provide a level of water and wastewater service, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the city
with similar topography, land use, and population density based on current land
use.
The service plan shall be amended to provide for extension of water mains (upon
acquisition of the right to serve) from existing and planned facilities as
development occurs within the area in conformance with standard extension
regulations and rules, which require extension at the initial expense of the
property owners, subject to and consistent with the City's participation policies,
Tex. Loc. Gov't Code ch. 395, and the City's impact fee regulations.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective date of
the annexation. The City shall provide a level of drainage services, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the city
with topography, land use, and population density based on current land use. The
plan maybe amended, however, as development occurs.
D. Electrical Services
Denton Municipal Electric is not certified by the State to provide electric utility
service to the annexation area beyond Elm Bottom Circle should a request be
made by a property owner.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and general
administration will be made available on the effective date of the annexation. The
City shall provide a level of services, infrastructure, and infrastructure maintenance
that is comparable to the level of services, infrastructure, and infrastructure
maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities is
contemplated within the annexed area as a result of this annexation because the
annexed area on the date of annexation will have a level of full municipal services
equal to other areas within the City having similar characteristics of topography, land
use, and population density. Thus, no construction of public improvements is
contemplated as a result of this annexation that would begin within two and a half (2
1/2} years after the effective date of the annexation. The City shall consider
construction of other public improvements as the needs dictate on the same basis as
such public improvements are considered throughout the City for areas having similar
characteristics oftopography, land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different
characteristics of topography, land use, and population density are considered a
sufficient basis for providing different levels of service.
VIII. T_
This service plan shall be valid for a term of ten (10) years. Renewal of the service
plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing
that changed conditions or subsequent occurrences make this service plan unworkable
or obsolete. The City Council may amend the service plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code,
Section 43.056 (Vernon Supp. 2000}.
EXHIBIT 7
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
The Planning and Development Department has received a request for annexation of
approximately 868.29 acres of land adjacent to the City of Denton, Texas, located in the
northeastern area of the City's Extraterritorial Jurisdiction (ETJ), Division 1. The proposed
annexation is in multiple ownerships, and consists of two distinct areas, as shown on the
attached location map. The first area (annexation area #1 } is approximately 24.94 acres in
size and is generally located between the City's current northern city limits and Lake Ray
Roberts, south of FM 2153. The second area (annexation area #2) is approximately 843.35
acres and is generally located east of FM 2164 and north of Shepard Road.
Size: 868.29 acre
Location: Northeastern area of the City's ETJ
Proposed use: Residential and Retail Development
Proposed zoning: Multiple zoning districts
The purpose of the service area analysis is to determine how the city would provide services to
the area should it be annexed into the city. A service area analysis form is attached. Please
provide the requested information and any other pertinent information. To determine the city's
ability to provide services to the proposed area it is necessary to document:
• each department's existing capacity to provide an adequate level of service to the
proposed area;
• additional personnel and capital equipment/facilities necessary to provide an adequate
level of service to the proposed area; and
• cost of providing additional service.
Existing Conditions:
Proximity to existing arterial and collector roads. The first area approximately 24.94 acres is generally located between the City's current northern city
limits and Lake Ray Roberts, south
of FM 2153. The Mobility Plan designates FM 2153 as a Secondary Major Arterial. The
second area approximately 843.35 acres is generally located east of FM 2164 and north of
Shepard Road. The Mobility Plan designates FM 2164 as a Primary Major Arterial and
Shepard Road as a Secondary MajorArterial.
Future Land Uses. The proposed annexation areas are within the Rural Areas future land use
designations.
Existing land uses: The first area approximately 24.94 acres is developed with rural residential
developments. The second area approximately 843.35 acres is developed with some rural
residential developments with the majority of the area undeveloped/pasture land.
Prominent natural features: Environmental Sensitive Areas (FBAs), including floodplain and
stream buffers are located within the proposed annexation areas.
Proximity to other service providers: The annexation area is along the northeastern border of
the City of Denton. The annexation property is located within Denton's wastewater Certificate
of Convenience and Necessity (CCN}, which is a utility service area permit authorizing a
specified utility to be the retail service provider. The water CCN holders for the annexation
property include the City of Denton, Bolivar Water Supply Corporation and Green Springs
Water Supply Corporation.
Thank you for your consideration of this request. Please submit any other information that you
believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the
Planning and Development Department by ,and call 349-8328 if there are
any questions.
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SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
Fire
1. Fire and Emergency Medical Services can be provided to the area from fire station #4
(2110 E. Sherman) and fire station #5 (2230 W. Windsor.
2. Estimated response time. 7-10 minutes
3. Appropriate response time in the City. 5 minutes
4. Is a new fire station approved in the CIP that could serve this area? No If yes, what is
the CIP program year?
5. Will a new fire station be requested in upcoming CIP proposals to serve this area? Yes
If yes, when should this station be operational? 2014
6. Total estimated funding for equipment, employees and/or facilities needed to serve this
area strictly based on annexation and proposed development. To be determined.
7. Please comment on the cumulative impact of annexation and development.
At what population level would anotherfire station facility be required? NIA
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? No
Is there an accepted firefighter to population ratio that can be used for planning
purposes? No
Additional Comments:
Ross Chadwick, Fire Chief October 30, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
Parks and Recreation
1. What neighborhood park and recreational facilities are currently serving this area or are
capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. The closest Denton Parks properties to
the proposed annexation area are, Water Works Park and Natatorium Pool complex 4 miles to the south, and the Greenbelt Trail and Clear Creek Nature
Center approximately 4 mile to the east. The Lake Ray Roberts State Park areas
are to the north and east approximately 1 to 5 miles. Current residents will be
able to use existing City of Denton parks, facilities and programs.
2. What projects and/or equipment will be needed to adequately serve this area if annexed
and/or development based on the parks and recreation master plan or similar
standards?
The 2000 Denton Park and Recreation Master Plan does not extend to the general
area of the proposed annexation. Existing open space land at Clear Creek Nature
Center and the Greenbelt trail along with facilities of Lake Ray Roberts will
provide regional park needs. As neighborhood subdivision development occur
neighborhood parks and community parks with athletic facilities will be
necessary.
Neighborhood Parks: 2.5 per 1,000 population. (to be dedicated at time of
development)
5 acres minimum size.
cost per acre. (by developer)
Recreation Center: square feet per 1,000 population.
square feet minimum size.
cost per square foot.
Other facilities
Community Parks: 3 per 1,000 population.
30 acres minimum size.
cost per square foot.
3. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area?
None required for Parks at this time. However addition mowing for street right of
ways will be needed. Annual Cost for street right of way mowing is estimated at
$1,600.00 for the 5 miles or 14.6 acres of new right of way mowing areas to come
into the city.
cost per acre.
cost per square foot.
4. How many additional personnel would be needed to properly serve this area if annexed
and developed?
No additional personnel for Parks maintenance required at this time. However
additional resources will be required for road right of way mowing along, FM2153,
Shepard, Gribble Springs and Indian Wells and county roads in the area.
additional personnel per 1,000 population;
additional personnel per 1,000 square feet of facility; or
additional personnel per acre of park.
5. Service Standards:
Based on $41.00 per acre per mowing cycle.
Additional Comments:
Denton Parks and Recreation Department will attempt to coordinate placement of park
facilities proposed for development by the developer or use funds from the Park Land
Dedication requirements to purchase or expand existing parks within the service area of
this development
Bob Tickner, Superintendent of Park Planning October 31, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
Police
1. Estimated average response time for this area based on current department conditions:
Priority 12 minutes
Non-priority 20 minutes Average 15 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority 7 minutes
Non-priority 12 minutes
Average 10 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? Yes If yes, how many? 4 What type? Police Officers
4. Will additional equipment and funding be needed to serve this area? Yes If yes, what
type? 2 Equipped Police Vehicles
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? No If yes, when should the new facilities be
operational?
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required? 150,000
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? No
Is there an accepted officer to population ratio that can be used for planning purposes?
The national average for cities in our population range is 1.9 officers per 1000
population.
Additional Comments:
Animal Services will require an additional field officer and a vehicle to service this area
as proposed.
Roy Minter, Chief of Police October 31, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
LiLi-Y
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development.
Since the proposed annexation area is comprised of land adjacent to the City of
Denton located in the northeastern area of the City's Extraterritorial Jurisdiction,
it will not have a negative impact on library services.
3. At what population level would another libraryfacility be required? 131,738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes, The annual circulation per capita average for the legal service
area population served by the Denton Public Library is 7.47.
5. Is there an accepted employee to population ratio that can be used for planning
purposes? Yes, 1 full-time equivalent staff per 1,000 population and 1
professional librarian (M.L.S.~ per 8,000 population.
6. If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? Yes
7. If not, how many additional employees and what type of facilities and materials will be
needed to provide services? NIA
Additional Comments:
This annexation will not impactthe current level of library services.
Eva Poole, Director of Libraries October 30, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation? Yes
2. Is commercial solid waste service available to the proposed area for annexation? Yes
3. What is the estimated cost to provide this area with solid waste service?
The incremental cost to add the additional customers desiring service.
Equipment and Maintenance.
Personnel.
4. What is the typical revenue collected per:
Household. $15.50, $17.35, or $18.75 per refuse cart
$4.30 for residential recycling
Commercial Business Charges are based on the containersize and
frequency of service
5. Will additional equipment be needed to serve this area if annexed or developed?
No additional equipment is required.
Type of Equipment. NA
Cost of Equipment. NA
6. Will additional employees be needed to serve this area if annexed or developed?
No additional employees are required.
Type of Employees. NA
Number of Employees. NA
7. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? NIA
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning
purposes? No
Additional Comments:
Scott Lebsack, SW Administration Manager October 27, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
2. What type of lines and facilities would be required to serve this area?
3. Are any new lines or facilities proposed for construction to serve this area?
4. Are there any potential responsibilities if this area is annexed?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments:
CoServ Electric has in place on or near the referenced properties an adequate and
dependable source of electric power and energy capable of supplying electric service to
the proposed development locations. Service can be extended to the developed tracts
upon request according to our approved Tariffs.
Jim Shannon, Business Development Representative
CoServ Electric November 20, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
WaterlWastewater
1. What is the nearest City of Denton water line?
Size of water line. 54 inch Transmission Pipeline
Location of water line. West side of FM 2153 from FM428 to Burger Road
Distance from proposed annexation. Varies from 6,000 to 20,000 feet
2. What is the nearest City of Denton sewer line? See comments below regarding
sewer lines.
Size of sewer line.
Location of sewer line.
Distance from proposed annexation.
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines 54 inch 2017-2032 FM2153 and 2164
Sewer lines See comments below regarding sewer lines.
4. Are there any City of Denton lines included in the proposed annexation? No,
wastewater lines are included in the proposed annexation.
5. Please comment on the cumulative impact of annexation and development
At what population level would additional equipment be required? 6,250
Is there an accepted equipment to population ratio that can be used for planning
purposes? 6,250
Is there an accepted employee to population ratio that can be used for planning
purposes? 625
Additional Comments:
■ Texas Commission on Environmental Quality (TCEQ) has issued the permit to City of
Denton for construction of the Clear Creek Water Reclamation Plant (CCWRP) on City
owned property. This plant will provide wastewater treatment service for development in
the Clear Creek/Milam Creek/Gulp Branch sewersheds.
■ The proposed Craver Ranch development lies within the City of Denton Wastewater
CCN. All wastewater flows from this development shall be conveyed to the proposed
CCWRP.
■ The Craver Ranch Developer shall develop a wastewater master plan and determine
the quantity of wastewater flows to be generated from the development. The Developer
shall design and construct the sewer line sized to convey all wastewater flows from the
development in accordance with the wastewater master plan, to the CCWRP. The
sewer line extension shall be designed under current City subdivision and development
code and water/wastewater design criteria manual requirements. The analysis and
review of the wastewater master plan will be required during the general development
and the preliminary plat process.
■ The majortrunk sewers within the development and the off-site sewer line extension will
be subject to consideration for oversize participation agreements by the City in
accordance with current City subdivision and development code requirements.
Oversize participation agreements are subject, however, to approval by the Denton City
Council after receiving a recommendation from the City of Denton Public Utilities Board.
■ The Developer may elect to request apro-rata agreement from the City for any off-site
sewer improvements in accordance with current City subdivision and development code
requirements. Pro-rata agreements are subject to approval by the Denton City Council
after receiving a recommendation from the City of Denton Public Utilities Board.
■ Developer understands that the City charges impact fees for all new or expanded water
and sewer connections to the City waterlwastewater system. Developer's construction
of the off-site sewer line to convey wastewater flows from the development to the
CCUURP does not represent any credit against impact fees due the City. Impact fees
are assessed for all connections to the City water/wastewater system based on the rate
schedule that is in effect at the time of platting. Impact fees will be collected at the time
a building permit is obtained; or if a building permit is not required, it is collected at the
time an application is filed for a new connection to the City's water or wastewater
system .
P. S. Arora, Assistant Director Wastewater November 19, 2008
Tim Fisher, Assistant Director Water Utilities December 1, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
Engineering and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or upgrades?
Name and location Type of Improvement Approximate Cost
No CIP roadway improvements are scheduled, see comments below
2. Are any of these improvements presently scheduled to be done at state or federal
expense? NO If yes, please identify facility and anticipated date improvements will
begin.
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
City of Denton is not aware of any drainage improvements that have been
targeted for the annexation areas that would require city funding. However, any
drainage structures within the annexation areas and perimeter road in the area
may require improvements during future development if any drainage structure
does not handle a 100-year storm event.
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? NO If yes, what type of equipment orfacility?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? NIA
Is there an accepted equipment to population ratio that can be used for planning
purposes? NIA
Is there an accepted employee to population ratio that can be used for planning
purposes? NIA
Additional Comments:
A Traffic Impact Analysis (TIA~ will be required that assess the effects to the existing
roadways as well as those required of the Denton Mobility Plan. Additional roadways
may be required depending on the TIA's results.
The property owner should be aware that there is a proposed EMI Tollway for this area
that may align with a part of the southern boundary of the larger tact and should contact
the proper authority(ies) for more information.
Dale Hoelting October 31, 2008
Bud Vokoun December 1, 2008
Person to contact if there are questions Date
SERVICE AREA ANALYSIS
A08-0001- JNC Properties Annexation
Denton Independent School District
1. Education services are currently provided by: Denton Independent School District
2. If annexed, can anticipated service demands be met using existing materials, facilities
and personnel?
No -Current DISD facilities and staff levels will not service the student
population based on planned residentiallcommercial development of the 868.29
acres.
3. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
DISD studentyield per residential unit:
• Single family yield factor of 0.75 students per unit:
(0.40 =Elementary, 0.17 =Middle School, 0.18 =High School
• Non-subsidized Multi-family yield factor of 0.12:
(0.06 =Elementary, 0.03 =Middle School, 0.03 =High School
• Subsidized Multi-family yield factor of 0.53:
(0.30 =Elementary, 0.12 =Middle School, 0.11 =High School
4. Estimate additional funding needed strictly based on proposed annexation and
development.
Awaiting information from DISD. As soon as information is received, it will be
included in the Service Area Analysis.
5. Will projected school taxes from this development provide that additional funding?
To be determined.
6. Please comment on the cumulative impact of annexation and development.
DISD will need to pass additional school bond programs to finance construction
of new facilities.
7. At what population level would other school facilities be required for the City of Denton?
New facilities are designed to accommodate the following:
Elementary - 650 - 700 students
Middle School - 900 -1000 students
High School - 1800 -2000 students
8. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Elementary - 22 students per teacher
Middle School - 28 students per teacher
High School - 28 students per teacher
Rod Reeves, Facilities Coordinator December 1, 2008
Person to contact if there are questions Date
Responses to Public Hearing Notice
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The ~~un~il of the' ~i~r of aentvn wii~ hvid ~h~ ~~r~t of twa ~b~i~ hear~~g~ an T~r~~~~t~, Dee~ber i
~~QR~ er~~ the o~n~ pubii~ heari .oe ~uee~~y; ~m~ to ~:on~id~r, under the
~nr~e~cetion ~rodure~ ~ areas e~rer~pted from the rnunipei ~nnex~on p~, the v~lunry ennex~tivn ~r~~ ~C ~In fir p~cirn~t~~ I~t~~ in tf~~ pity's flx~a~err~v~~l
~ur~~~i~i~n ~~TJ~,.
~ivii~n ~ .The prvpo~ed annexation irr rn~itiple net end oni of v distin areas, The fiat
area ~annexa~ion aria. ~ ~ is appro~ci~atel~r a~t~s in sire and ~ ~enera~i~ io~ated het~n the ~ity'~
current ~ no~hern qty i~~it~ end ~a~ke Rai Robert~# ~outi~ of F ~1 The send ~r ~e~rnexi~n area
i appr~xirnate#y X43. acres a i rraily. located east of FM ~~fi~ and north Shepard d, as
shoes ~n the enclosed map. Eriosed for dour inf~r~nation is'the nrrexat~~n s~chedu~e, v~hich ~~t~s ~I~
required rn~ngs, a ~fsr~~i~~ ark ~vn~n~ or~~~s~ior~ wi~~ ~~~d a se~ar~~a ~ublr'c ~n ~h~ sane ~r~p~r, on V~n~~~le~, .r X09, . ~ ~~~n~~~~~
The ~t City ~out~i~ ~ubtt~ eeri~g ~~n Tue~~, ~be~ ~QO vv~Nl a~lrt a# f~~ p~~, the pity
ounci ~ha~nrs pity Ha~~ ipcted ~t 2~ M~r~r~e~r tit, ~~nr~t Tem. B~eue u on ~ .
property within #r~ro hundred feet ~ e proms annex~on area ~e oun~ii v~au.~d lie to
~ea~ hew you f! abut this anne~~tiyn_ ~e~x ar~d inv'ites` you to attend the puh~ic heann~s. ~u~lic ~rin~s a designed to provide o~pvn~t~es 'fir c~tt~en
in►~~vem~n~ and o~~~nent. In order fir your
j~~ ~~ir~~or~ to be taken i~t~ amount, please return the er~~osed form with your ~~ents prior to the date of
tha pu~li he~r~n~. This ~n no wad p~hi~it~ ~rvu ~o~ pending and part`ruipatin~ in the pu~li~ hea.r~n~.~
Y~au rn~y #ax ~ the numt ~l~cated at the tto~, rnail it tv the address belo~►~ yr drop it off in~pers~n:
Panning and .Deve~pm~n~ Departure ,
. ~ . ~ . Eim ~T, ~ent~n, Texas
►~~tn; i~~ ~n~gui#i ~r~e Mgr
I~r favor of guest lleutrai tv request ~ gypped to request
~~e~ ~
r'
' ,.r•
~gnature~ ~ .
Printed hive: ~ '
~~i~~n~ Addr~: ~ `
its, t~t~ zip:
~ e lVumb~ .
Physical ~Rddress of Property within feet: .
~1TY DL~TO~ TF4~ ~~r~r ~ • ~ • o.~:~~a~ • ~F~ ~44.349.T7~~
. .r;.:;::...... ~ - - -
A~8-0~~~ - JN Prvpe~tie Anrr~xt~~r~
The City Councii of the City of Denton gill hold the fist of tuvo public hearin vn Tuesda ~ece~mber
~ ~ ~8, and the second publ~ hearing ors Tuesday, December 9, 2~0~ to canider, under the
annexation procedures for areas exempted fram the municipal annexation plan, the voiunta annexation
and service Ian f r F p o approx~r~ately 8fi8.2 acres, located ~n the City Extraterr~toria! ~1ur~sd~ct~on ~ETJ},
Division ~ .The proposed annexation is in multiple ownerships, and consists of two distinct areas. The first
area {annexatian area #1 } is approximately 24.94 acres in size and i generally located between the Cit 's y current northern city limits and Lake Ray Roberts, south
of FM ~ 5. The second area annexation area
. is approximately 8~:~5 acres and is generally located east of ~M 2 ~ 0~ and earth of the a~rd Road as
shown in th . F p ' e enclosed map, Enclosed far your inforrnat~an ~s the annexation schedule, whNCh notes all the
required meetings. The ~Plann~rrg~ and ~ar~ir~ Cornrnisfor~ will gold a separate pu~bllc hearln , ors the
same p~rapertyr on VVedrteday, Jarr~ary ~~Dg, #a snider r~akirrg a r~carn~tendatfan ~a City
Cour~a~~ regardrrrg #~re prapoed ar~ne~ratiorr. .
~ ~ _ - ~ a . ~ ~ ~
Council Chambers of City Full located at E. Mcl~inney Btr~et, Denton, Texas. Because you own
property is vuithin tvvo hundred feet ~~aa'} of the proposed annexation area the City Council would like to
hear how you feel about this annexation re uest~ and invites you to attend the public hearin s. Public g hearings are designed to provide opportunities
for oiti~en involvement and comment, In order far our
y apinior~ to ~be taken rota account, please return the enclosed fora with your comments prior to the date of
the public hearing. This in no way prohibits you frarn attendin and artici atin in the ubl~ic hearin .
9 p p ~ p 9~ You may fax it to the number located at the battorn, mail it to the address below, or drop itoff in-person:
Planning and Development ~epartm~nt 22~ I~. Elm STS Denton, Texas 7G20~
Attn: Ron ~lenguita, Project ~lana~er
Piece clrc~e ore:
In favor of request Neutral to request ~ oed to re uet pp q
Cor~r~ent: .
• t ~ 7 4
~ ~ ~ ~
~ ~ ~b~
signature: p .
Printed lName: ~ ~ - ~
Mailing Address: ~ ~ ~
City, state dip: ~ ~
Telephone Number:
Physical Address of Properly within 200 feet:
CITY O~ D~~V~aI~, CITY HALL WEST • DENTIN, TEXAS 762D1 • 940,3~9.8~~~~ • F 4~.34.77~7
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT DCA08-0007 -School Facilities
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
amending Subchapters 5 and 23 of the Denton Development Code; revising the definitions of
Elementary, Middle and High School; Defining Charter School; Deleting a definition for School,
Public or Private; Permitting Elementary, Middle and High Schools within the Community
Mixed Use General (CM-G) and Community Mixed Use Employment (CM-E) zoning districts;
and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof,
severability and an effective date. (DCA08-0007) The Planning and Zoning Commission
recommends approval of the Development Code amendments (6-0).
BACKGROUND
On November 19, 2008, the Planning and Zoning Commission concluded a public hearing and
recommended approval of the proposed amendments to Subchapters 5 and 13 of the Denton
Development Code (DDC). The proposed revisions in Exhibits 1 and 2 are detailed in a strike-
through/underline format. Recommended text additions are shown as underlined and
recommended text deletions are shown with a strikethrough.
Revisions are needed to Subchapters 5 and 23 of the DDC to help distinguish between public,
private and charter schools. Currently, the DDC definitions for elementary, middle and high
schools only address private facilities. With adoption of the DDC in February 2002, public
schools were eliminated from the Use Tables (Subchapter 5) and definitions (Subchapter 23)
because the City does not have the legal authority to regulate a school district. School districts
are recognized as sovereign entities with governmental authority and the power of eminent
omaln.
Charter schools chartered directly from the state are not governmental entities and therefore
subject to a jurisdiction's zoning and land use regulations if the jurisdiction has regulations in
place. Subchapter 5 is written to list permitted uses, not prohibited use so by design no uses are
allowed within a given zoning classification except those specifically listed within the zoning
district's use table. With this approach, unanticipated uses cannot be accommodated with the
zoning district and then claim legal nonconforming status once a prohibition is established.
Within the DDC, where there is not a precise match to the permitted uses, the Director of
Planning and Development makes a determination of the closest use. Ordinarily, it is assumed a
private school would represent the closest match to charter schools in our list of uses, but with
each facility coming forward, with a different mission statement and educational component, the
facility could vary from applicant to applicant.
Similarly, the "Community Mixed Use Centers" land use designation of the Denton Plan allows
for school uses, however this designation's corresponding zoning districts, Community Mixed
Use General (CM-G} and Community Mixed Use Employment (CM-E}, within the Denton
Development Code does not permit schools by right or through a specific use permit.
Staff is pursuing a text amendment to the DDC definitions for schools, to apply those definitions
to public and charter schools as well as private, with an explanatory note to consult Texas case
law before attempting to apply zoning restrictions to public schools.
The following revisions are proposed:
1. Remove the definition of "Schools, Public or Private" from Subchapter 23.
2. Add proposed definition of "Charter School" to Subchapter 23.
3. Amend the definition of "High School" to include public, charter, and private schools to
Subchapter 23.
4. Amend the definition of "Middle School" to include public, charter, and private schools
to Subchapter 23.
5. Amend the definition of "Elementary School" to include public, charter, and private
schools to Subchapter 23.
6. Amend Subchapter 23 to include a footnote next to "Elementary School," "Middle
School" and "High School," linking to an Reference note at the end of each respective
page stating, "Note: Texas case law generally prohibits enforcement of zoning
restrictions upon the location of any school operated by a governmental authority with
the power of eminent domain (e.g., Denton Independent School District}."
7. Subchapter 5 use tables revised to permit "Elementary School," "Middle School" and
"High School" facilities within the Community Mixed Use General (CM-G) and
Community Mixed Use Employment (CM-E} zoning district.
PRIOR ACTION/REVIEW
November 5, 2008 Planning and Zoning Commission work Session
November 19, 2008 Planning and Zoning Commission Hearing
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the proposed amendments to
Subchapters 5 and 23 of the Denton Development Code (6-0}.
EXHIBITS
1. Description of Subchapters 5 and 23 Revisions
2. Final Copy of Subchapters 5 and 23 Revisions
3. Planning and Zoning Commission work Session Meeting Minutes, November 5, 2008
4. Ordinance
Prepared by:
Grp
Erica Marohnic, AICP
Senior Planner
Respectfully submitted:
Mark Cunningham, AICP, CPM
Director of Planning and Development
Subchapter 5 .
Development Code
Basic Utilities SUP SUP
Community Service P P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges P P
Business /Trade School P P
Adult or Child Day Care P N
Kindergarten, Elementary School P ~ P ~
Middle School P ~ P ~
High School P ~ P ~
Colleges P P
Hospital N N
Elderly Housing N N
Medical Centers P P
Cemeteries N N
Mortuaries P P
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) =Limited as defined in Section 35.5.8
5-22
Subchapter 23 .
Development Code
Charter School: school established b~~ a contract with the State Board of Education (SHOE) or the board of ttl~stees of an independent school district; licensed b~T the state
and meeting the state requlrenlents for pr1111ar~~,
secondar~~ or luUher education.
Child-Care Facility: facility licensed, certified, or registered by the State of Texas to provide assessment, care, training, education, custody, treatment, or supervision for
a child who is not related by blood, marriage, or adoption
to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for
profit or charges for the services it offers. The following are child-care facilities:
1~. "Child-care institution" means achild-care facility that provides care for more than 12 children for 24
hours a day, including facilities known as children's homes, halfway houses, residential treatment centers,
emergency shelters, and therapeutic camps.
B. "Foster group home" means achild-care facility that provides care for 7 to 12 children for 24 hours a day.
C. "Foster home" means achild-care facility that provides care for not more than six children for 24 hours a
day.
D. "Day-care center" means achild-care facility that provides care for more than 12 children under 14 years
of age for less than 24 hours a day.
E. "Group day-care home" means achild-care facility that provides care for 7 to 12 children under 14 years
of age for less than 24 hours a day.
F. "Family home" means a home that provides regular care in the caretaker's own residence for not more
than six children under 14 years of age, excluding children who are related to the caretaker, and that
provides care after school hours for not more than six additional elementary school children, but the total
number of children, including children who are related to the caretaker, does not exceed 12 at any given
time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker.
Church: 1~ structure owned and/or used by a religious organization or congregation and providing regular organized religious worship, religious training, or education of
it members; rectory or convent; meeting hall, offices
for administration of the institution; and, excluding buildings used exclusively for private education or school,
dormitories for students, recreation associated with a school, day care facilities, arenas or production studios. 1
house of worship may include the following accessory use in addition to the principal structure: dwelling units for
religious organization personnel located within an accessory structure(s).
City: The City of Denton, Denton County, Texas, and its extraterritorial jurisdiction.
City Council: The City Council of the City of Denton, Texas.
City Facility: 1~ public service or facility provided, owned and controlled by the City.
Clear Cutting: The removal of all of the trees or a significant majority of the trees within an area.
Clearing: l~n intentional act to cut down, remove all or a substantial part of, or damage a tree or other vegetation,
that will cause the tree or other vegetation to decline or die. Clearing includes, but is not limited to: chemical, physical, compaction, or grading damage to trees and vegetation.
Clearing and Grading, Limits of: The boundaries of that area of land identified in the clearing and grading plan, site plan or landscape plan subject to soil disturbance, clearing
of trees and other vegetation in conjunction with a
proposed development or land use.
Cluster Subdivision/Development: 1~ grouping of individual building lots or sites in close proximity, each of
which or the majority of which has less land than required for isolated individual lots, with the additional areas
being devoted to open space, conservation area, recreation space, parking spaces and access facilities, in addition to
required yards.
Clustering: The concentrating of units or floor area ratio in the buildable area(s).
23-5
Subchapter 23 .
Development Code
Elderly Housing, Congregate Care Facility: facility for long-term residence generally for persons 55 years of age or older, and which shall include, without limitation, common
dining, social and recreational features, special
safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and
handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate
wheelchairs, and the provision of social services for residents which shall include at least two of the following:
meals services, transportation, housekeeping, linen, and organized social activities.
Elderly Housing, Life Care Housing and Services: 1~ residential complex, which may contain multi-family
dwellings, attached dwellings, single-family dwelling and other types of dwellings and structures designed for and
principally occupied by senior citizens. Such facilities will include one of the following: a congregate meals program in a common dining area, assisted living housing,
nursing home facilities, congregate care facilities, or
medical facilities.
Elementary School: A niblic! private or charter school established for grades 1 through 5 but may also include a
kindergarten.
Endangered Species: 1~ species of animal or plant is considered to be endangered when its prospects for survival
and reproduction are in immediate jeopardy from one or more causes as defined in the Endangered Species l~ct.
Environment: The physical condition which exists within the area that will be affected by a proposed
development, including: land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic significance.
Environment, Natural: This environment is characterized by severe biophysical limitations, presence of some
unique or natural or cultural features intolerant of intensive human use, or its value is retained only in its natural
condition. 1Vlanagement objectives are oriented toward preserving unique features, restricting activities that may
degrade the actual or potential value of this environment, and severely restricting development in hazardous areas.
Environmental Scientists: Professionals, which are required for the environmental analysis and plan required by
this Chapter, with training or direct experience in areas such as: environmental planning, physical geography,
environmental geography or hydrology, ecology, botany, soil sciences, or natural resources.
Environmentally Sensitive Area: l~n area identified on the official map for Environmentally Sensitive l~reas that
contains Floodway, Developed Floodplain, Undeveloped Floodplain, Riparian Buffers, Water Related Habitat, or
Upland Habitat.
Environmentally Sensitive Areas Map: The official map that identifies areas identified as Environmentally
Sensitive 1-treas.
EPA: Environmental Protection 1-agency
Ephemeral Stream: Stream that has flowing water only during and shortly after precipitation events in a typical
year. These streams are located above the water table year round. Runoff from rainfall, not groundwater, is the
primary source of water for stream flow.
Equal Conveyance Principle: l~n area of the cross-section of a stream, in its existing condition, carrying a
percentage of the stream flow, will continue to carry the same percentage of the stream flow after filling of the flood
plain occurs, without any rise in the 100-year flood plain elevation.
Equestrian Facilities: 1~ structure or area for horseback riding activities including boarding, training, lessons, and
shows.
Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by
water, wind, ice, or gravity, caused either by natural or human created conditions.
1 Reference Note -Texas case law generally prohibits enforcement of zoning restrictions upon the location of any
school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School
District.)
23-11
Subchapter 23 .
Development Code
High School: 1~ _ ublic! private or charter school established for grades 9-12 or 10-12.
Horne Occupation: ~~n occupation commonly carried on within a dwelling by members of the family occupying
the dwelling. The use of the home as an occupation shall be incidental and subordinate to the use of the home as a
dwelling.
Homeowners Association: 1~ homeowners association is an organization formed for the maintenance and
operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development.
The association's principal source of
funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be
enforceable as a lien against the property.
Horticulture: The cultivation of row crops, a garden, or an orchard for noncommercial purposes.
Hospice: One main building, or portion, one zoning lot in which terminally ill persons live in order to receive
appropriate Medicare-certified hospice services.
Hospital: l~n establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical,
or surgical care and nursing service on a continuous basis; or a nursing home (see definition).
Hotel: facility offering transient lodging accommodations to the general public at a daily rate for a period of
time not to exceed thirty (30) days, and providing additional services, such as restaurants, meeting rooms, and
recreational facilities. Guest quarters are accessible through a main entrance and by hallways.
Hotel/Motel, Extended Stay: 1~ facility offering transient lodging rooms and/or suites to the general public,
including lodging quarters for corporations and businesses, intended to be used, or which are used, rented, or hired
out to be occupied or which are occupied for sleeping purposes for guests, may contain up to two bedrooms,
contain kitchen facilities for food preparation including, but not limited to, refrigerators, stoves, and ovens, and
which may also include living areas, and which are furnished to the public for periods of one week or more.
Hydrograph: 1~ graph showing stage, flow, velocity or other property of water versus time at a given point on a
stream or conduit.
Impact Fee: 1~ fee levied by the City pursuant to Chapter 395 of TX Local Govt. Code, as a total or partial
reimbursement for the total or partial cost of providing additional facilities or services needed as a result of new development.
Impairment, Physical or Mental:
1~. ~~ny physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more
of the following body systems; neurological; musculoskeletal; special sense organs; respiratory, including
speech organs; cardiovascular; reproductive; digestive; Benito-urinary; heroic and lymphatic; skin; and endocrine; or
B. ~~ny mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.
C. The term includes but is not limited to such diseases and conditions as orthopedic, visual, speech dementia, cerebral palsy, autism, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, drug addition (other than drug addition caused by illegal use
of a controlled substance).
Impervious: luny hard-surface, man-made area that does not readily absorb or retain water, including but not
limited to building slabs, building roofs, swimming pools, parking and driveway areas, sidewalks, paved recreation
1 Reference Note -Texas case law generally prohibits enforcement of zoning restrictions upon the location of any
school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School
District.)
23-16
Subchapter 23 .
Development Code
Manufactured Horne Subdivision, HUD-Code: 1~ tract of land that is subdivided and platted for individual ownership of HUD-Code manufactured homes.
Master Plan: Policies and plans adopted by the City Council as a guide to the systematic physical development of
the City.
Master Plan Development, Existing is defined as existing development that is the subject of platting,
infrastructure or development activity prior to the adoption of the new ordinance, and that incorporates mixed use development in a comprehensive integrated site plan instead of
on a lot-to-lot basis.
Mechanical Equipment: Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment,
solar collectors, parabolic antennas, disc antenna,
radio or TV receiving or transmitting antennas, and any power generating devices. The following equipment or
devices are exempt:
1~. Private, noncommercial radio and television antennas not exceeding a height of seventy (70) feet above
grade or thirty (30) feet above an existing structure, whichever height is greater. No part of such antenna
shall be within the yards required by this Chapter. structure permit shall be required for any antenna
mast, or tower over fifty (50) feet above grade or thirty (30) feet above an existing structure when the same is constructed on the roof of the structure.
B. Parabolic antennas under three (3) feet in diameter.
Medical Center: 1~ walk-in facility for medical, obstetrical, or surgical care limited to day use only.
Middle School:. _ ublic i private or charter school established for grades ~-8 or ~-9.
Minimum Structure Separation: required open space between any two structures on the same lot which are
used for nonresidential and multifamily residential purposes.
Minor Plat: 1~ subdivision resulting in four (4) or fewer lots, not requiring the creation of any new street or the
extension of municipal facilities and not generating an average daily vehicular traffic (1~DT) count of one thousand
(1,000) or more vehicles.
Mixed Use Development is defined as any single development that combines three or more mutually supporting
land uses on a single parcel or site or within a general development plan, overlay district or cohesive zoning plan.
Land uses may be mixed vertically (within the same physical structure), or horizontally connecting buildings
(physical and functional integration of project components, including uninterrupted pedestrian connections) on the same lot and/or under unified control. Multifamily as a single
use cannot exceed 40% of the acreage in an NRNIU-
12 or NRIVIU zoning district, 50% of the acreage in an RCR-1 or RCR2 zoning district, or 30% of the acreage in an
RCC-D or RCC-N zoning district.
Motel: 1~ structure or group of structures on the same lot containing individual guest units for rental to transients,
with separate exterior entrances, and consisting of individual sleeping quarters, detached or in connected rows, with
or without cooking facilities.
Native Vegetation: `'egetation comprised of plant species, other than noxious weeds, that are indigenous to the
Denton County and that reasonably could have been expected to naturally occur on the site.
Natural Resources: ~=~ir, land, water, and indigenous plant and animal life of an area.
Neighborhood: 1~ sub area of the City of Denton in which the residents (or non-residential uses) share a common
identity focused around a school, park, or community business center that are generally within walking distance of
the homes or businesses, architecture, or other features with boundaries that may include highways, railroads or
1 Reference Note -Texas case law generally prohibits enforcement of zoning restrictions upon the location of any
school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School
District.)
23-20
Subchapter 23 .
Development Code
D. The station must be located to the side or rear of the structure unless a usable satellite signal cannot be obtained; in which case, the property owner may request a variance
from the requirement through the
board of adjustments. Ground-mounted stations shall be no more than ten feet above the maximum
height requirement of the district in which they are located.
, _ ~ ~
' L, . ,
Scrap Metal Processor: One who, from a fixed location, utilizes machinery and equipment for processing and
manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting
purposes.
Screening: The establishment of an opaque fence or barrier for the purpose of obscuring from sight a use.
Section 404 Permit: 1~ permit required under federal Clean Water l~ct provisions.
Self-Service Storage: structure or portion used for dead storage, mainly of the excess personal property of an
individual or family, but also of small amounts of goods or merchandise for businesses or individuals.
Serni-Nude: 1~ state of dress in which clothing covers no more than the genitals, pubic region, and areola of the
female breast, as well as portions of the body covered by supporting straps or devices.
Serni-Public Halls, Club or Lodge: 1~ structure or facility owned or operated for special educational or
recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain.
Setback: The minimum distance between by which any building or structure must be separated from a street right-
of-way or lot line.
Sewer Connection, Manufactured Horne: Connection consisting of pipes, fittings and appurtenances from the
drain outlet of a HUD-Code 1Vlanufactured Home to the inlet of the corresponding sewer service riser pipe of the
sewage system serving the HUD-Code Manufactured Home Park.
Sewer Service Riser Pipe, Manufactured Horne: That portion of sewer service which extends vertically to the
ground elevation and terminates at a HUD-Code Manufactured Home space.
Sexually Oriented Business: l~n adult arcade, adult bookstore or adult video store, adult cabaret, adult motel,
adult motion picture theater, adult theater, escort agency, or nude model studio.
Shared Drive: 1~ common driveway or access shared by adjoining properties.
Shopping Center: 1~ group of commercial establishments planned, developed, and managed as a unit, related in
location, size and type of shops to the trade area that the unit serves, and providing on-site parking.
Side Yard: See "Yard, Side."
Site Plan Review: The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of: land use,
site design, landscape design, environmentally
sensitive areas protection, architecture, lighting, signs, clearing and grading, engineering design, health and safety,
other adopted standards and criteria of this Chapter, all other adopted codes and ordinances of the City.
Smoke: The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process.
Special Circumstances: With regard to utility extensions, only those areas where water or sewer is deemed necessary and the application of any general rule for extension
shall cause a burden and cost considerably greater
than what would be normally incurred due to the particular topography or unusual shape of the particular lot or
tract involved.
Specific Use Permit: 1~ use which is not automatically permitted by right, but which may be permitted within a
zoning district subject to meeting specific conditions contained in this Chapter.
23-26
Subchapter 5 .
Development Code
Basic Utilities SUP SUP
Community Service P P
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges P P
Business /Trade School P P
Adult or Child Day Care P N
Kindergarten, Elementary School P P
Middle School P P
High School P P
Colleges P P
Hospital N N
Elderly Housing N N
Medical Centers P P
Cemeteries N N
Mortuaries P P
P= Permitted, N=not permitted, SUP= Specific Use Permit
Required, L(X) =Limited as defined in Section 35.5.8
5-22
Subchapter 23 .
Development Code
Charter School: A school established by a contract with the State Board of Education (SBOE) or the board of trustees of an independent school district; licensed by the state and
meeting the state requirements for primary,
secondary or higher education.
Child-Care Facility: ~ facility licensed, certified, or registered by the State of Texas to provide assessment, care, training, education, custody, treatment, or supervision for
a child who is not related by blood, marriage, or adoption
to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for
profit or charges for the services it offers. The following are child-care facilities:
1-~. "Child-care institution" means achild-care facility that provides care for more than 12 children for 24
hours a day, including facilities known as children's homes, halfway houses, residential treatment centers,
emergency shelters, and therapeutic camps.
B. "Foster group home" means achild-care facility that provides care for 7 to 12 children for 24 hours a day.
C. "Foster home" means achild-care facility that provides care for not more than six children for 24 hours a
day.
D. "Day-care center" means achild-care facility that provides care for more than 12 children under 14 years
of age for less than 24 hours a day.
E. "Group day-care home" means achild-care facility that provides care for 7 to 12 children under 14 years
of age for less than 24 hours a day.
F. "Family home" means a home that provides regular care in the caretaker's own residence for not more
than six children under 14 years of age, excluding children who are related to the caretaker, and that
provides care after school hours for not more than six additional elementary school children, but the total
number of children, including children who are related to the caretaker, does not exceed 12 at any given
time. The term does not include a home that provides care exclusively for any number of children who are related to the caretaker.
Church: 1-~ structure owned and/or used by a religious organization or congregation and providing regular organized religious worship, religious training, or education of
it members; rectory or convent; meeting hall, offices
for administration of the institution; and, excluding buildings used exclusively for private education or school,
dormitories for students, recreation associated with a school, day care facilities, arenas or production studios.
house of worship may include the following accessory use in addition to the principal structure: dwelling units for
religious organization personnel located within an accessory structure(s).
City: The City of Denton, Denton County, Texas, and its extraterritorial jurisdiction.
City Council: The City Council of the City of Denton, Texas.
City Facility: public service or facility provided, owned and controlled by the City.
Clear Cutting: The removal of all of the trees or a significant majority of the trees within an area.
Clearing: l~n intentional act to cut down, remove all or a substantial part of, or damage a tree or other vegetation,
that will cause the tree or other vegetation to decline or die. Clearing includes, but is not limited to: chemical, physical, compaction, or grading damage to trees and vegetation.
Clearing and Grading, Limits of: The boundaries of that area of land identified in the clearing and grading plan, site plan or landscape plan subject to soil disturbance, clearing
of trees and other vegetation in conjunction with a
proposed development or land use.
Cluster Subdivision/Development: 1-~ grouping of individual building lots or sites in close proximity, each of
which or the majority of which has less land than required for isolated individual lots, with the additional areas
being devoted to open space, conservation area, recreation space, parking spaces and access facilities, in addition to
required yards.
Clustering: The concentrating of units or floor area ratio in the buildable area(s).
23-5
Subchapter 23 .
Development Code
Elderly Housing, Congregate Care Facility: facility for long-term residence generally for persons 55 years of age or older, and which shall include, without limitation, common
dining, social and recreational features, special
safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and
handrails, special door hardware, cabinets, appliances, passageways, and doonays designed to accommodate
wheelchairs, and the provision of social services for residents which shall include at least two of the following:
meals services, transportation, housekeeping, linen, and organized social activities.
Elderly Housing, Life Care Housing and Services: 1~ residential complex, which may contain multi-family
dwellings, attached dwellings, single-family dwelling and other types of dwellings and structures designed for and
principally occupied by senior citizens. Such facilities will include one of the following: a congregate meals program in a common dining area, assisted living housing,
nursing home facilities, congregate care facilities, or
medical facilities.
Elementary School: ~ publics, private or charter school established for grades 1 through 5 but may also include a
kindergarten.
Endangered Species: species of animal or plant is considered to be endangered when its prospects for survival
and reproduction are in immediate jeopardy from one or more causes as defined in the Endangered Species ~~ct.
Environment: The physical condition which exists within the area that will be affected by a proposed
development, including: land, air, water, mineral, flora, fauna, noise, and objects of historic or aesthetic significance.
Environment, Natural: This environment is characterized by severe biophysical limitations, presence of some
unique or natural or cultural features intolerant of intensive human use, or its value is retained only in its natural
condition. 1Vlanagement objectives are oriented toward preserving unique features, restricting activities that may
degrade the actual or potential value of this environment, and severely restricting development in hazardous areas.
Environmental Scientists: Professionals, which are required for the environmental analysis and plan required by
this Chapter, with training or direct experience in areas such as: environmental planning, physical geography,
environmental geography or hydrology, ecology, botany, soil sciences, or natural resources.
Environmentally Sensitive Area: l~n area identified on the official map for Environmentally Sensitive 1-areas that
contains Floodway, Developed Floodplain, Undeveloped Floodplain, Riparian Buffers, Water Related Habitat, or
Upland Habitat.
Environmentally Sensitive Areas Map: The official map that identifies areas identified as Environmentally
Sensitive l~reas.
EPA: Environmental Protection l~gency
Ephemeral Stream: Stream that has flowing water only during and shortly after precipitation events in a typical
year. These streams are located above the water table year round. Runoff from rainfall, not groundwater, is the
primary source of water for stream flow.
Equal Conveyance Principle: l~n area of the cross-section of a stream, in its existing condition, carrying a
percentage of the stream flow, will continue to carry the same percentage of the stream flow after filling of the flood
plain occurs, without any rise in the 100-year flood plain elevation.
Equestrian Facilities: 1-~ structure or area for horseback riding activities including boarding, training, lessons, and
shows.
Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by
water, wind, ice, or gravity, caused either by natural or human created conditions.
1 Reference Note -Texas case law generally prohibits enforcement of zoning restrictions upon the location of any
school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School
District.)
23-11
Subchapter 23 .
Development Code
High School: ~ publics, private or charter school established for grades 9-12 or 10-12.
Home Occupation: l~n occupation commonly carried on within a dwelling by members of the family occupying
the dwelling. The use of the home as an occupation shall be incidental and subordinate to the use o f the home as a
dwelling.
Homeowners Association: homeowners association is an organization formed for the maintenance and
operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development.
The association's principal source of
funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be
enforceable as a lien against the property.
Horticulture: The cultivation of row crops, a garden, or an orchard for noncommercial purposes.
Hospice: One main building, or portion, one zoning lot in which terminally ill persons live in order to receive
appropriate Medicare-certified hospice services.
Hospital: l~n establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical,
or surgical care and nursing service on a continuous basis; or a nursing home (see definition).
Hotel: 1~ facility offering transient lodging accommodations to the general public at a daily rate for a period of
time not to exceed thirty (30) days, and providing additional services, such as restaurants, meeting rooms, and
recreational facilities. Guest quarters are accessible through a main entrance and by hallways.
Hotel~Motel, Extended Stay: A facility offering transient lodging rooms and~or suites to the general public,
including lodging quarters for corporations and businesses, intended to be used, or which are used, rented, or hired
out to be occupied or which are occupied for sleeping purposes for guests, may contain up to two bedrooms,
contain kitchen facilities for food preparation including, but not limited to, refrigerators, stoves, and ovens, and
which may also include living areas, and which are furnished to the public for periods of one week or more.
Hydrograph: graph showing stage, flow, velocity or other property of water versus time at a given point on a
stream or conduit.
Impact Fee: 1~ fee levied by the City pursuant to Chapter 395 of TX Local Govt. Code, as a total or partial
reimbursement for the total or partial cost of providing additional facilities or services needed as a result of new development.
Impairment, Physical or 1Vlental:
1-~. luny physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more
of the following body systems; neurological; musculoskeletal; special sense organs; respiratory, including
speech organs; cardiovascular; reproductive; digestive; Benito-urinary; heroic and lymphatic; skin; and endocrine; or
B. luny mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.
C. The term includes but is not limited to such diseases and conditions as orthopedic, visual, speech dementia, cerebral palsy, autism, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, drug addition (other than drug addition caused by illegal use
of a controlled substance).
Impervious: luny hard-surface, man-made area that does not readily absorb or retain water, including but not
limited to building slabs, building roofs, swimming pools, parking and driveway areas, sidewalks, paved recreation
1 Reference Note -Texas case law generally prohibits enforcement of zoning restrictions upon the location of any
school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School
District.)
23-16
Subchapter 23 .
Development Code
Manufactured Horne Subdivision, HUD-Code: 1-~ tract of land that is subdivided and platted for individual ownership of HUD-Code manufactured homes.
Master Plan: Policies and plans adopted by the City Council as a guide to the systematic physical development of
the City.
Master Plan Development, Existing is defined as existing development that is the subject of platting,
infrastructure or development activity prior to the adoption of the new ordinance, and that incorporates mixed use development in a comprehensive integrated site plan instead of
on alot-to-lot basis.
Mechanical Equipment: Equipment or devices installed for a use appurtenant to the primary use. Such equipment shall include heating and air conditioning equipment,
solar collectors, parabolic antennas, disc antenna,
radio or TAT receiving or transmitting antennas, and any power generating devices. The following equipment or
devices are exempt:
1-~. Private, noncommercial radio and television antennas not exceeding a height of seventy (70) feet above
grade or thirty (30) feet above an existing structure, whichever height is greater. No part of such antenna
shall be within the yards required by this Chapter. structure permit shall be required for any antenna
mast, or tower over fifty (50) feet above grade or thirty (30) feet above an existing structure when the same is constructed on the roof of the structure.
B. Parabolic antennas under three (3) feet in diameter.
Medical Center: walk-in facility for medical, obstetrical, or surgical care limited to day use only.
Middle School: ~ publics, private or charter school established for grades 6-8 or 6-9.
Minimum Structure Separation: 1-~ required open space between any two structures on the same lot which are
used for nonresidential and multifamily residential purposes.
Minor Plat: A subdivision resulting in four (4) or fewer lots, not requiring the creation of any new street or the
extension of municipal facilities and not generating an average daily vehicular traffic (~~DT) count of one thousand
(1,000) or more vehicles.
Mixed Use Development is defined as any single development that combines three or more mutually supporting
land uses on a single parcel or site or within a general development plan, overlay district or cohesive zoning plan.
Land uses may be mixed vertically (within the same physical structure), or horizontally connecting buildings
(physical and functional integration of project components, including uninterrupted pedestrian connections) on the same lot and/or under unified control. Multifamily as a single
use cannot exceed 40% of the acreage in an NRl~IU -
12 or NRMU zoning district, 50% of the acreage in an RCR-1 or RCR2 zoning district, or 30% of the acreage in an
RCC-D or RCC-N zoning district.
Motel: A structure or group of structures on the same lot containing individual guest units for rental to transients,
with separate exterior entrances, and consisting of individual sleeping quarters, detached or in connected rows, with
or without cooking facilities.
Native Vegetation: Vegetation comprised of plant species, other than noxious weeds, that are indigenous to the
Denton County and that reasonably could have been expected to naturally occur on the site.
Natural Resources: ~-~ir, land, water, and indigenous plant and animal life of an area.
Neighborhood: 1-~ sub area of the City of Denton in which the residents (or non-residential uses) share a common
identity focused around a school, park, or community business center that are generally within walking distance of
the homes or businesses, architecture, or other features with boundaries that may include highways, railroads or
1 Reference Note -Texas case law generally prohibits enforcement of zoning restrictions upon the location of any
school operated by a governmental authority with the powers of eminent domain (e.g. Denton Independent School
District.)
23 -20
Subchapter 23 .
Development Code
D. The station must be located to the side or rear of the structure unless a usable satellite signal cannot be obtained; in which case, the property owner may request a variance
from the requirement through the
board of adjustments. Ground-mounted stations shall be no more than ten feet above the maximum
height requirement of the district in which they are located.
Scrap Metal Processor: One who, from a fixed location, utilizes machinery and equipment for processing and
manufacturing iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap
iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes.
Screening: The establishment of an opaque fence or barrier for the purpose of obscuring from sight a use.
Section 404 Permit: 1~ permit required under federal Clean Water l~ct provisions.
Self-Service Storage: 1~ structure or portion used for dead storage, mainly of the excess personal property of an individual or family, but also of small amounts of goods or merchandise
for businesses or individuals.
Semi-Nude: 1-~ state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting
straps or devices.
Semi-Public Halls, Club or Lodge: structure or facility owned or operated for special educational or recreational purposes, but not primarily for profit or to
render a service that is customarily carried on for gain.
Setback: The minimum distance between by which any building or structure must be separated from a street right-
of-way or lot line.
Sewer Connection, Manufactured Horne: Connection consisting of pipes, fittings and appurtenances from the
drain outlet of a HUD-Code Manufactured Home to the inlet of the corresponding sewer service riser pipe of the sewage system serving the HUD-Code Manufactured Home Park.
Sewer Service Riser Pipe, Manufactured Horne: That portion of sewer service which extends vertically to the ground elevation and terminates at a HUD-Code I~Zanufactured Home space.
Sexually Oriented Business: 11n adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, or nude
model studio.
Shared Drive: common driveway or access shared by adjoining properties.
Shopping Center: group of commercial establishments planned, developed, and managed as a unit, related in
location, size and type of shops to the trade area that the unit serves, and providing on-site parking.
Side Yard: See "Yard, Side."
Site Plan Review: The comprehensive evaluation of a development and its impact on neighboring properties and
the community as a whole, from the standpoint of: land use, site design, landscape design, environmentally
sensitive areas protection, architecture, lighting, signs, clearing and grading, engineering design, health and safety,
other adopted standards and criteria of this Chapter, all other adopted codes and ordinances of the City.
Smoke: The visible discharge of particulate matter from a chimney, vent, exhaust or combustion process.
Special Circumstances: With regard to utility extensions, only those areas where water or sewer is deemed
necessary and the application of any general rule for extension shall cause a burden and cost considerably greater
than what would be normally incurred due to the particular topography or unusual shape of the particular lot or tract involved.
Specific Use Permit: ~ use which is not automatically permitted by right, but which may be permitted within a zoning district subject to meeting specific conditions contained in
this Chapter.
Specified Anatomical Areas: Human genitals in a state of sexual arousal.
Specified Sexual Activities: Includes any of the following:
1-~. The fondling or other erotic touching of the human genitals, pubic region, buttocks, anus, or female
breasts;
23 -26
~ MR. RUSSELL; Any other questions at this i can plug it in later, assuming that certain things
~ time? Gkay~ 1Nhere we gaing next? i]irectiar~ from P&~? ~ happen with them,
3 And then we're actually going to start --you know, once 3 C~MMxSIONER THOMAS: I certainly agree
4 we start hammering same of this stuff dawn ~ witty George in that. I think it's always goad to have
5 MR. CUNiVINGHA~i: Chuck, your time's €~p. commonality with your your peer group as things are
6 M~R. RI~SSELI_: Yep. Time's up, Sorry. G developing irr an overall general area. With outside
~ Anything else? ~ developers taming in, maybe they've had experience in
8 CHAIRMAN 1IyATI~IVS: I'm glad ynu got same of s Mcftirrney, wherever.
9 the codes from some of the cities. I'd like to think of 9 So if curs reads similarly, Y think that's
~.o it that way, but it doesn't Make any difference whether i~ a big advantage, also. Obviously, it's not going to be
t1 you believe it or not, I mean, we're in competition with ii, exactly the same, nor da we want it that way. But with
~z thaw other places. Like Say said a while ago, they can 12 that commonality, I think, we wind up getting some
puck up and go somewhere else. And it isn't that I people who are mere comfortable with it and understand
~4 don't like tr£~S, but,. I mean, when you got a lot with it and can follow through with our concepts.
~5 trees Dn ~it and there where you can't build ~ building, CHAIRI~iAN VIIATIQNS: Any other comments?
it can't all be parks. 1Ne;ve got a nurrrber of parks. iB Thank you, Chuck.
x7 MR. I~I~SSELL: Sa I feel like there's some 17 Mli. RUSSELL: Thank you.
is basic things that we're comfortable with, but there's a 18 CiiAIR~IAN 1NATKINS: Appreciate it.
couple of big big-ticket items that we really need to 19 Item Na, 3 on the agenda: Receive a
spend some time hammering out before we bring it back to ~a report, hold a discussion, and give staff direction
you concerning proposed amendments to subchapters ~ and ~3
2~ COMMISSIONER TMOf~iA~: One question. 1Nhat of the Denton Development Cade. Erica.
~3 stacked ail this was, basically, an infield project, We 23 MS,. MAROMNIC: Goad evening, Con7missioners.
~4 don't need to rehash that. There's a lot of sentiment 24 Okay, This presentation this evening is to
75 bath ways. Bat how is this going to is this going to 25 get some discussion items and talk about a proposed text
4~
~ affect an infield project differently than it will ~ amendment DCAO$+OgD7. That has to do with both
x affect or maybe I should say redevelopment. I think ~ Subchapters 5 and ~.3 of the Denton f~evelopment Cade in
~ per our last meeting with Council, we decided that our 3 regards to school facilities.
4 direction needs to be looking a little bit more at 4 The purpose of this proposed text amendment
5 redevelopment projects instead of just specifically 5 is to revise the eacisting definitions of elementary,
s infield. ~ middle, and high schools to include a reference to
7 CHAIRMAN VI~ATiQNS: INe spent a lot of #ime ~ public and charter schools. Currently our definitions
S on infield, and maybe it ought nave been on 8 in Subchapter 23 only refer to private institutions.
9 redevelopment. 9 The second purpose is to reference Texas
l0 COMiH~ISSiONEf~ THOMAS. That was a great two fD state statute requirements for public schools for
f~ years, wasn't it? i~ clarification purposes.
i~ CF~AIRf~iAN WATICIN; I'nrr sorry. The third purpose is to lead to the
i3 COMMISIGNER THOMAS: But, anyway, !3 definition of schools public or private. Also, to
14 Whatever we do we need to figure cut if it's going to create a new definition far charter schools and to amend
15 work well in both greenfield and redevelopment projects. ~.5 the use table Subchapter 5 for the camrnunity mixed use
iG I'm not I'm not sure how you're going to do tha~~ iG general and mixed use employment caning district.
But I've got faith in you, Chuck. Just to give you a little history and
~s MR. RUSSELL; Vileli, that ties iota this ~s background. You recently had before you a rezone and
!9 whole idea of malting sure we fan out and look at the i9 comprehensive plan case, UI~A and #~gends Academy. And
3a whole Cade. And it's hard to at Borne paint, i r~uess ~o the applicant has an existing health care facility, and
you gat to break this loose and move forward. But I'd ~i they have a charter school that would would be
sure like to be able to incorporate the other pieces 22 afFriiated with the health care facility. And they'd
that are spinning around and being revised at the same ~3 like to locate adjacent to that health care facility.
24 time. Arid malting sure that we if we don't connect 24 Currently with the existing zoning district
25 them immediately, we at least leave the plug open so we 25 Cf~l, that use is not permitted. School, in general, PU4N~~NG & ~DN~NG C,nMl~rfi~in~ u~nQ~r ccc~~nw
n...nr.....__..
_ _ _ rrti,►4t~~ VL1lVL{,/1; 1~lVIf~Nll tlL 0,1U(JU
47 i are not permitted. Frst of all we don't have a ~ the parameters that should he there. An elementary
~ definition far charter school, we only have a definition ~ Schaal has to he designated by the school district as
3 far public schools and private schools. And our 3 elementary scflool. I don't see a Cade telling the
4 detarrition only speaks to private schools; so there's a 4 elementary school what's art elementary Schaal,
5 lqt of confusion that goes an when an applicant camel 5 M, MARQIiNIC: That makes perfect sense.
6 forward, and they have a charter school facility, And 6 That`s our actually our current definition.
7 the only direction right now that we have to give them 7 CQl~MISBIQNER SQHAAKE: Goad. Then we're on
8 is, well, you can rezone if it's not currency permitked 8 ale same page.
9 by right, in order to get the use that you want an that ~ MS. MAROHNIC; The additions are
i~ property. ►~r~deriined. o our current deflni~on reads far an
Sa~ we're hoping to clarify and to clean up i~ elementary Schaal a private school established for
i~ the definitions, ar~d make this process a iitde hit n~olre t~ grades one through floe, but nay also include
13 seamless. 13 kindergarten, o we have excluded r~oing dawn to age
i~ P8~ .has asked staff duryng the hearing far i~ three,
15 the rezone and comprehensive plan amendment to consider 15 CAMMI~IQNER SCHAAKE; Qr as long as we're
tG a restrictive overlay with a different zoning district i~ changing it, and now we have many of our schools
17 at the {~ctaher 8th Pl~~ meeting. 5taft went hack We i7 including pre-K, as well as a kindergarten, We Dave
i~ met with the applicant. iNe had internal staff i8 early childhood centers. 1Ne have ail kind of
19 discussions and met with legal staff, Jerry brake. And 19 conflgurativns for glide levels,
we all decided this a DDQ text amendment needed to come ~4 CQI~MISIONEFi iCINI~: you don't want to
forward and try and clarify some of the confusion and 21 accidently limit the definitiar~ of an elementary school.
limitations. So we didn't get into creating precedents CQMMI~BIQNER SCHAAKE: i~ght, Absolutely.
~3 far spat zoning to accommodate Tarter Schaal facilities ~3 Q~N#MIIONER KING: Which isn't really your
. 24 in the future, ~4 intent, but we don't want to accidently do it.
~5 ~r~mently our ubchar 23 definition, as 25 Q~MMISI~N~R SGHAAKE; Yeah. o I think it
~6 ~8
i mentioned before, far elementary, middle, and high i would be much better- to dust Say a public I don't
~ schools only talks to charter excuse me public ~ know that it has to he defined, I think that the school
3 excuse me private sctrool facilities. We propose to 3 district defines what an elementary school is.
4 add the words public with a reference Ante and charter 4 MR. DRAKE: Well, I think the key point
5 sa that the elementary Schaaf definition would be a 5 though is to reflect what we have here in Denton. And,
G public, privates or charter school established for 6 you know, because the times we'd be using thist it's
7 grades one through five and may also include a 7 really not as important to be, you know, accurate as to
8 kindergarten, S what each of these Kind of schools are as far as the
9 And it goes down simiiar~y fay- high schools 9 definitions cruder state law or what have you.
xo and middle schools, depending on the age range ar grade i~ What's impoltant~ is to provide a basis for
t~ ranee. The reason okay Yes, 11 looking at the scl'►aols that exist and figc,ring out what
i~ C(}MMI~~IbNER CHAAK~; I have a Buick zoning tlassificatfans that they ga in.
13 question. I mean, you say that's for' an elementary 13 And sa, I think the focus here was to
14 school Someday, elementary schools could be one 14 reflect what we have. But certainly if that were to
15 through three. They could he eariy childhood. You 15 change at some point in the future, we might want to
i~ know, I mean i~ have a little bit more flexible defirritian.
17 M. MARQNNIC: We said it could be age 17 CQMi~I~IQN~R CHAAIC~: I think so because
18 three. 18 one of the worst things we could da is put something
i~ C~lvfNli~IQNER SCHAAKE: I don't know how we is dawn in code, then you have to change the code before
70 can define that that they would be the only thing drat you can put the school there. And I think this should
21 would define an elementary school if you're grades one ~i all be done in canSUltatian with the Schaal district to
through free, I would tflink you would have an ~2 find out. Because many times ~ese days the zoning
~3 elementary School I mean, x think you would define 23 when developments are taming in, you're going to put an
the elementary schaali high school, and middle school by ~4 elementaary school there with a large development. And
~5 talking to the school district and finding out what are ~5 sometimes those configurations could be could be P~4NN1N~ NIN[~ C(lMiuir.',.~,idlhl tindnoir
NOVEMBER 5, 2008
~1 ~ different, It could be early elementary. ~ education includes playgrounds, stadium, and other
~ CO1~MIIGNE1~ LYf~E: And we do have a school ~ structures. Term limited to one public ar private
3 right now that doesn't fit into both, like Ann lll~indle, 3 schoo! having a curriculurr~ generally equivalent to
4 which is only early childhood. ~o it's all ~ elementary or secondary schools or special educatian
S pre-kindergarten. a we currently have one that doesn`t 5 facilities in which students have physical or learning
G even fit any of these definitions, 6 disabilities, pr some speciaiixed educatian,
7 M~, MAROHI~IC: Which is an IUD school. 7 I don't know when we ever use this
~ C'Dh~MIII~NFR LYKE: Right. 8 definition. It seemed kind of superfiuaus and was
~ M. MAR~HN~C: Gkay. If we go an to hio. 2, 9 taking up space. We thought through the clarification
the reference Hate that Jerry has provided us with with the reference notes and the addition of public and
i~ references the Texas case law prohibiting the ~.f charter schools to the elementary, middle, and high
!2 enforcement of zoning restrictions on any school school definition, that there would be r~o need for this.
33 operated by a govemmentai authority which has the power x3 The fourth proposal is to add a proposed
of eminent domain, which is DIED in our area. ~4 definition of charter school, which we haven't had.
i~ essentially, wf~at that does is --and this was This, supposedly, (allows the state educational code
~s originally why the definitions include the term pub~i~ i6 definition. And we're proposing that it read: A school
~7 school, we can't hold the school district to our zoning established by a~ contract with the state board of
~S regulations. ~S educatian ar board of trustees, indepef~dent Schaal
~9 C~MMISI~I'~iER CHAAKE: Right. ~9 districts 1'rcensed by the state meet the state
~a MR. DRAKE; a it's almost irrelevant ~a requirements for primary ar secondary ar higher
~i. anyway, ~t education,
2~ I+~. MARpHN~IC; Yes, 22 And, finally, we need to fix the conundrum
~3 C~MMI~~I~NER KING: Even by fnentianing itr ~3 that ~ between the Denton development code and the
~4 then it cones ba~lt that we're really only talking about ~4 Denton comprehensive plan. Currently what we have is
ci~arter ar private schools no matter what we say. 25 two different future land use designations that allow
~0
~ MS. MAR~I~NIC; Yes. ~ excuse me community mixed use general land future use
~ MR. DRAKE: Exactly, But the thing `rs we ~ designation has an intent section to the future Iand use
~ had the fact that we left public school out of it 3 chapter of the Denton plan. In there it allows for
~ created a problem when we tried to adapt this to a 4 school uses; however, it's corresponding zoning
5 charter Schaal because there's a statute that says a ~ districts. And please remember that all the zoning
6 charker school (allows the same regulations as a public ~ directs have tD be consistent with your futufe Iand use
7 Schaal has. There were no regulations for a public ~ category an any given property don't permit schools
8 school at all. And sv they tried to latch on to the S as a use. So it doesn't really make since. Vlfe need t0
9 private school, which isn't necessarily the standard. 9 fix this disconnect that's currently there.
io a what we're trying to do with this 10 o what we're proposing to do is to pem~it
footnote is is to be complete. But at the carne time, 1~ elementary, middle and high Schaal facilities within
you know, let everyone know that if it's a public the CMG Zoning district and the CME zoning district that
school, then the caning regulations are irrelevant i~ corresponds with community mixed use centers future Iand
14 anyway. i4 use category.
M~. MARDHNIC; ]ay eras shaking his head. I 15 Currently, right Haw these schools would
iG wasn't sure if he had a question ar not, ffi only be permitted in the regional mixed use centers
17 CC~MMISIDNER TH~MA: No. I don't have any i~ district. And dust reading this intent( it talks about
~8 question. 18 larger high school facilities, Ill~ell, what's a larger
3~ MR. DRAKE; There's irony dripping from him. x9 high school? Is that student enrollment of ~,~Og kids
~~MMIIGI~~R TI•I~MA~: I refuse to ~0 Is it 3,04.
2~ incriminate myself on this issue. 2~ CAMMi~SIOI~ER iCIIVG: Yeah. I think that's
M. MARDHNIC: We're also proposing to
~3 t~elete the current definition for schools, public Dr 23 MS. MAI~QHI~IC: we don't know.
2a private. Which at a building where persons are CDM1++1I5~IDNER KING: That's part of what we
regularly assembled far the purposes of instruction or 25 batted around before. pl.A~l~ull~ & ~ONlNG CQ~MISIOI~ 1A1~'1R1C CCCCII1u
. rwV1\I►11LV471V!■ NUVE BER 5, 2008
~ COMMI~IG~}ER CHAAKE: Haw does that square i case~by-case bass's. And in the past it's gotten to the
~ when yo€r also just said in the previous one ~ was up ~ ~ point t+ve're asking them what's your cur'rict~lUm? what's
3 the school distr'1ct, and they can put it anywhere they 3 your rnissian stater~errt? Vlfhat type af, yflu know, courses
~ want? 4 are you offering? And some these
5 N1s. MARGHNTC; They can continue to put it S MR. DRAKE: it's not des#gned far-
6 anywhere they want it to;.however, if the applicant B M~ MAROHNIC: They're so tailored to a
7 comes forward and it`s a private ~irlstitution ar it's a 7 certain demographic that it might fall under business or
8 Charter school chartered directly from the state and not 8 trade school mare so #har~ your typical traditional
9 from arr independent school district, then they would 9 primary ar secondary educational institution. That
10 have to follow ocrr• zoning regulations. i~ takes a whale lot of Mme, too.
1~ COMMISIQNER sGHAAKE: since they do riot CGMMISBIQNBR KING: Well, if you cart
have the authority for eminerrt domain? i~ default that the state calls it a charter school, that
M. MARQHNIC; .Yes. Terry, was there 13 we just call it a charter s~choal: But you've got to
14 anything you wanted to add? i4 clarify
i5 MR. DRA~CB: No. i mean, ids a mess that ~5 M5. MARGHNIC; Yes. we have to have a
we didn't create and have to treat there differently. i~ definition for charter school, That would be helpful,
17 Beat it is what it is, and we're stack with it. CNAIRMA IIVATICi~iS: Any other.questians ar
18 The old version of it fat we have in our 18 discussion?
~.9 current code Kind of ignores the fact almost that the ~9 CGMMFSIGN~R THGMA: I think it's great.
~0 public schools exist as far as the zoning regulations MARgHNIG; Any other questions?
21 are concerned. And that in and of its~lfr even though 2~ CHAIRMAN WATKFN: I don't think so. wank
it was intended to make it dearer or less confusing, 27 you very much.
~3 you know, so.nietimes your efforts tQ make things less ~3 M5. MARCHNiG: Thank you.
~ confusing actually make them mare confusing because they ~4 CHAI~MA~i WATICIN; Item No. ~ on the
25 raise other questions. 25 agenda: Receive a briefing, hall a discussion, and give
54
i And sa it seemed to us that Ding at i staff direction on an amendment to subchapter 1.~ of the
i 2 least with being consistent and specifying what the 2 Denton Development Code regarding temporary storage
3 rubs were for all three different hypes of schools that ~ containers aid other portable storage units.
4 we're taping about but adding an explanatory note to it 4 CGMMrS~II~NER KING: Ron, I was going to
~ so ~e people won't get confused hopefully. That's the 5 say, with all the paper we've seen, I'm glad they only
s best of both worlds, And it's kind of like what we were ~ aslc about temporary storage units.
7 talking about earlier when we were lvolcing at the 7 MR. MENG~JITA: well, it's back.
8 ubc#~apter I8 and warted to make it mare readable, more S CDMMI~rGNER KING. All the other things
9 accessible t0 people to pick up where they would know to 9 included acciderrtaliy are by shady, I'm glad they
iD beY► go look at subchapter 1fi for what you need to da didn't ask about mare. Ft would be about ~0
11 here. ~,1 NIR. M~NGIiITA. Right. fight. Right.
i~ 1Ne were tryrng to, you know, take some of i~ Well, as promised, we're bringing back this
f3 that same direction that P&~ has previously given us in i3 temporary ease code amendment to our subchapter 3~~.~.
14 that regard and apply it to Ihis situation, as well, so l~hat we're requesting is that the temporary uses listed
~.5 that someone wauldr~'t be misled by seeing the standards 15 above mere I'll ga ahead and read them. Temporary
i6 applicable to public schools. 16 storage containers in other portable storage units,
CHAIRMAN V~ATIQN~: 1 his is cleaning 17 occasional sales, fruit stand, re~il standsi farrrr to
18 everything up, You want to be nervous, think about is markets and Christmas and purrrpkin sales are going to be
s9 after ,January ~e I,st, the legislature meets again. I'm ~9 are being proposed to be included into a list of
JLCry~ tem p~. LFr~ u~~f
~i MS~ MAR~hINIC: That's okay. I also wanted As a note, we're gairig to strike fruit
~2 to nientiari that right now what we have to da arty time a stands. which is fruitJfood stands out of that list. 1Ne
~3 charter school comes forward and they want to I~iow if 23 F received inforFrratian after the staff report was
~ they can da their facility in this particular zoning 24 sent out from our health inspector, Lloyd person, that
~5 yydistr~ct or this pa`r~c■e~l, {wie f~ave to look at it ors a 25 they provide permits for food and fruit s~nd~, l~l ~ ~Y11YE ~.31~r1~ tiA8'1Q~! C~CC'['1l1■1 _
kill NOVEMBER 5,2008
..-n;..~.~6a~r'~.k~.,...'wx.3ir>r.ra •xv~+-': ' ~..G' - - - _ , ~ '
s:lour doc~men~slordinances1~81dca08-0~07.~ocx
ORDINANCE N~.
AN CRDINANE THE CITY ~F DENTIN TEA A ENDING U~CHAPTER ~ AND
~ THE DENTIN D~~EL~PIVIENT oDE ~ REVr INS THE DE~'INITI~N ~F
ELEMENTARY, MIDDLE ~ HrGH CHQCL' DES ~ DARTER CH~DL; DELETING
~ DEFINITION FAR C~I~~L, PLLIC PRATE• PE RMITTINC ELEMENTARY,
MIDDLE AND HIGH SCH~~L WITHIN THE C~ M ICED ~JE GENERAL ACM-}
AND ~ Y MIMED V E EM~II~~EI~T 11~~E ~ } ~~NIl~Cr DISTRICTS, AND
FR~VID~N 1~~R A PENALTY IN THE AM CC~NT ~,a0~i~~ FCR
~I~LATI~NS THEI~E~Fs SEERABILITY AND AN EFFECTIv . E DATE, ~DCA~B-~~~7}
WHEREAS, purrsuant to ordinance Na. ~~02-~40, the Ci Council ` ty of the City of Denton,
Texas adopted the Denton Development Code tie "Devela n~ent o " • ~ p de and
WHEREAS, after pravld~ng notice and after canductrn a ublzc Ire .
the i ~ ~ ~ arrng as required by la~v, anning and ~onrng Comm~ssran recam~nended approval of certain than es t
and ~3 of g o S~.hchapters 5 the Denton Development Cade; and
WHEREAS, a.ftter provid1n notice and aver conducts ` ng a publrc hearing as required law;
the City Council ~.nds that the subs ect changes to doe Develo meat .
P Code are consistent with the Comprehensive Plan and are in the public interest; N0 THERE' ARE,
THE CITY CDLTNCI~, CF THE CYTY ~F.DENTDN HEREBY DRD
SECTION 1. The findings and recitations contained ~n the reambl `
in p e of this o~d~nance are carparated herein by reference as tare.
SECTION Subchapters .5 and 35.3 ofthe Denton Develo m
re F - . cc 4 . p ent Code are amended to flea the changes out~~ned ~n E~h~b1t ~ , all provisions not than ed her ' ~i1n tQ remain a 'itt~n,
SECTION 3. Any person violating any provision ofthxs ordinance shall ,
upon nvYCt~on, be fined a sum not exceeding ~,~OO.DO. Each da that a ravision oft ' ~ , Y p his ard~nance rs violated shall
constitute a separate and distinct offense.
SECTION . If any provision of this ordinance or the a location • pp thereafto anyperson or
circumstance rs held u~valtd by any court, such invalidity shall not affect the vali '
dlty Of other provisions yr applications, and to this end the provisions of this ordinan ce are severable.
SECTION This ordinance shall become effective fourteen l4 da ' . ~ ~ ys from the date ofrts
passage, and the City Secretary is hereby directed to cause the ca tian of thi '
ublis p s ordinance to be p bed tv~rce in the Denton Record-Chronicle, dail news a er~ ublis ~ . . ~ ~ ~ bed ~1 ~ C1ty
ofDenton,
Teas, within ten X10} days ofthe date of its passa e. g
PAS ED AND APPRC~ED this the ~ day of
2~OS.
:lour d°cumentslordinanc~s1~81dca~8,00~7.docx
~'~T~~T,
J~NN~~R ALTS, IT~Y ~~ETARY
BY:
APP~~E~D A T~ L~AL,
ETA ~U~S, QTY ATT~N~Y
DACE ~
~xhi~b~t A
ec~.on ..4.~ of the Denton Deve~~ meat; fade is her ~ eby a~neuded to revise the use tabie
€ar iustxtutianal Iand uses in the and C- ~ . E ~an~ng class~ficatians and use
designatians, to read as follows:
Basic Utilities SUP SUP
Commur~lty Service P p
Parks and open Space P P
Churches P p
Semi-public, Halls, Clubs, and dodges P p
Business 1 Trade School P P
Adult or Child Day Care P ~
ICmdergarten, Elementary School P ~ P ~
Middle School ? ~ ~ ~
High chooi ~ ~ P ~
Colleges P p .
Hospital N N
Elderly housing N ~
Medical Centers P p
Cemeteries N ~
Mortuaries P p
P= Permitted, ~~not permitted, UPS ~pe~.fic Usc Permit
Required, L = Limited as defined in Section 35.5.8
ecti~n ~.Z3.~ afthe Denton Development fade is hereh am •
y ended to reflect the fo~o~ng changes or additions to the definit~ans:
'harter School: A schoa~ established ~ contract t
~ he state Boar. of~ducatlon ~~~E} or tie board of trustees of an dependent school d~strict• ~ieensed b
y the state ar~d n~eet~.g the state requ~ren~ents for prirrrry, secondary or higher d~cat~on.
E~emen~~.ry ~choa~: A ub~ic~ rivate or ~ ~ ~ ~ darter ~choo~ e~tabl~s~ied for xade 1 thxou 5 but
ray ado ~>:~c~ude a nderarten.
~~gh Schaal; A p>,~blic~, private or charter ~choo~ e~t~.bllshe d for grades 9~ ~ ~ or ~ ~-1
1V~~ddle Schaal; A pu.blic~, private or charter ~choal established _ for grades ~ 8 or d-9.
• .
a
r
r • ~ r r
a
i
l~eferen~e Note - Texas case law generally proh~hits enforcement afzoning restricticr~s u~an the location ofany school fl red h ~ governmental authority with the powers of
anent domain ~e.~. Denton ~n~ependent school District.} Y ,
This page left blank intentionally.
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Planning Department
ACM: Fred Greene
SUBJECT SD07-0001 (Rayzor' Ranch Sign Dlst~ict)
Hold a public hearing and consider the adoption of an ordinance of the City of Denton,
Texas regarding amendments to the Rayzor Ranch Special Purpose Sign District
encompassing approximately 410 acres of land located generally on both sides of U.S.
Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae
Street; providing a severability clause; providing a penalty in the maximum amount of
$2,000.00 for violations thereof; and providing a severability clause and an effective date.
The Planning and Zoning Commission recommended approval of the request (7-0).
BACKGROUND
Applicant: Allegiance Hillview, L.P. Dallas, TX
The entire subject property encompasses approximately 410 acres of land located
generally on the north and south sides of U.S. Highway 380 (West University Drive),
between Interstate Highway 35 and Bonnie Brae Street (See Exhibit 2).
The parcel north of U.S. 380 contains approximately 153 acres (Northern Tract) and is
currently undeveloped. The applicant proposes to construct a combination of retail and
single family residential uses. The parcel south of U.S. 380 contains approximately 257
acres (Southern Tract) and is undeveloped. The applicant is proposing to develop a
combination of retail (pad sites and an outdoor mall), residential (single family and
multifamily), two hotels, offices, museums and park uses (See Exhibit 3).
On November 4, 2008, the City Council approved additional amendments to the
development standards and exhibits of the Rayzor Ranch Overlay District summarized as
follows:
1. Removed all references to required drainage improvements within North Lakes Park,
including payment of a $250,000 park improvement fee.
2. Allowed modifications of the tree mitigation requirements that did not impact the
overall tree mitigation and landscaping percentages.
3. Created a new Subarea with separate architectural standards that will reflects a recent
push to develop more hospital and medical related uses on the Southern Tract south
of the proposed Panhandle Drive along Scripture Street.
4. Allowed architectural accent and accent colors on buildings that are consistent with a
"Signature Trade Dress" for a specific user as long as the element is part of the user's
National Trade Dress and the overall building architecture still meets the Rayzor
Ranch standards.
5. Updated the transportation requirements to reflect current construction planning.
Consideration of the Rayzor Ranch Sign District amendments was tabled at the
November 4, 2008 meeting until December 9, 2008 since the item was not correctly
posted on the City Council agenda. The Council is being asked to update the Rayzor
Ranch Special Sign District to permit four detached pylon signs within the Northern
Tract along I-3 5, U. S. 3 80 and Bonnie Brae.
The properties surrounding the entire 410-acre site are being sent notices for each phase
of public hearings. Public notification information is provided in Exhibit 7. As of this
writing, staff has received two responses in favor and one neutral from property owners
within 200 feet of the subject site (Exhibit 8).
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Recommend the item be tabled.
RECOMMENDATION
The Planning and Zoning Commission recommended approval of the amendments to the
Rayzor Ranch Special Sign District (7-0).
PRIOR ACTION/REVIEW
1. December 6, 2006 Planning and Zoning Commission Work Session Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch
2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding
Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission
recommended approval 7-0)
3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan
Amendment for Rayzor Ranch (The Council approved 7-0)
4. February 21, 2007 Planning and Zoning Commission Work Session Regarding
Northern Tract Comprehensive Plan Amendment
5. February 28, 2007 Planning and Zoning Commission Work Session Regarding
Proposed Rayzor Ranch Overlay District
6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch Overlay District
7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Northern Tract Comprehensive Plan Amendment and First Phase of
Rayzor Ranch Overlay District (The Planning and Zoning Commission recommended
approval 7-0)
8. March 27, 2007 City Council Public Hearing Regarding Northern Tract
Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District
(The City Council Approved 7-0)
9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive
Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District
10. April 18, 2007 Planning and Zoning Commission Regarding Work Session Regarding
Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor
Ranch Overlay District
11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing
Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of
Rayzor Ranch Overlay District and Rezoning. (The Commission recommended
approval 7-0)
12. May 15, 2007 City Council Public Hearing Regarding Completion of the
Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay
District (City Council Approved 7-0)
13. November 28, 2007 Planning and Zoning Commission Work Session and Public
Hearing Regarding Third Phase of Rayzor Ranch Overlay District and Rezoning.
(The Commission recommended approval 6-0)
14. January 8, 2008 City Council Public Hearing Regarding Third Phase of Rayzor
Ranch Overlay District and Rezoning (City Council Approved 7-0)
15. March 26, 2008 Planning and Zoning Commission Public Hearing Regarding
Amendment to Design Standards of the Rayzor Ranch Overlay District for Proposed
Best Buy Elevation. (The Commission tabled the item)
16. April 9, 2008 Planning and Zoning Commission Public Hearing Regarding
Amendment to Design Standards of the Rayzor Ranch Overlay District for Proposed
Best Buy Elevation. (The Commission recommended denial, 3 -2, item was not
appealed to City Council)
17. April 23, 2008 Planning and Zoning Commission approved a variance to Subchapter
35.20.4.G of the Denton Development Code regarding separation of driveways. (The
Commission approved 7-0)
18. June 11, 2008 Planning and Zoning Commission Work Session and Public Hearing
Regarding Establishment of a Special Sign District. (The Commission approved 6-0)
19. June 17, 2008 City Council Work Session Regarding Multiple Rayzor Ranch Issues
and Public Hearing Regarding Establishment of a Special Sign District. (The Council
approved)
20. September 24, 2008 Planning and Zoning Commission Work Session Regarding
Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch
Special Sign District.
21.October 7, 2008 City Council Work Session Regarding Proposed Amendments to the
Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District.
22.October 8, 2008 Planning and Zoning Commission Work Session Regarding
Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch
Special Sign District.
23.October 22, 2008 Planning and Zoning Commission Public Hearing Regarding
Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch
Special Sign District.
24. November 4, 2008 City Council Public Hearing Regarding Proposed Amendments to
the Rayzor Ranch Overlay District.
EXHIBIT
1. Staff Analysis
2. Aerial View of Subject Property
3. Current Master Site Plan
4. Existing Base Zoning
5. Pylon Sign Plan
6. Proposed Pylon Sign Elevations
7. Notification Map
8. Notification Responses
9. Draft Sign District Ordinance
Prepared by:
Chuck Russell, AICP
Planning Supervisor
Respectfully submitted:
Mark Cunningham, AICP
Planning Director
EXHIBIT 1
PLANNING & DEVEL OPMENT
STAFFANALYSIS
CASE N0: SD07-0001 DATE TD BE CONSIDERED: December 9, 2008
LOCATION: The property is located on both sides of U.S. Highway 380 (West
University Drive} between Interstate Highway 3 5N and Bonnie
Brae Street
OWNER/ Allegiance Development
APPLICANT: 14881 Quorum Drive, Suite 950
Dallas, TX 75254
RE VEST: To amend the Rayzor Ranch Special Purpose Sign District
encompassing approximately 410 acres of land located generally
on both sides of U.S. Highway 380 (West University Drive},
between Interstate Highway 35 and Bonnie Brae Street to permit
four detached premise pylon signs.
RECOMMENDATION: The Planning and Zoning Commission
recommended approval of the amendments to the
Rayzor Ranch Special Sign District (7-0}.
ZONING Rayzor Ranch Overlay District with underlying
DISTRICTS: RCC-D and NRMU base zoning districts.
COMPREHENSIVE PLAN "Neighborhood Centers" and "Regional Mixed Use
DESIGNATIONS: Centers"
SITEAND SURROUNDINGS: The property is currently undeveloped.
North: Neighborhood Residential 3 (NR-3), Neighborhood Residential
Mixed Use 12 (NRMU-12}; Office, Townhome, Single Family
Detached, Undeveloped Land and a Church
East: Neighborhood Residential 2 (NR-2), Neighborhood Residential 3
(NR-3}, Neighborhood Residential Mixed Use 12 (NRMU-12} and
Community Mixed Use General (CM-G}; City Parks, Retail and
Single Family
South: Downtown Commercial General (DC-G) and Regional Center
Commercial Downtown (RCC-D); Hospital and Office
West: Regional Center Commercial Downtown (RCC-D}, Community
Mixed Use General (CM-G} and Industrial Center Employment
(IC-E}; Retail, Commercial, Lodging and Undeveloped Land
BACKGROUND INFORMATION:
On March 27, 2007, the City Council approved the creation of the Rayzor Ranch Overlay
District. Section 35.7.13.1 states:
"The purpose of establishing the Rayzor Ranch Overlay District is to:
Ensure compatibility of new construction with the existing scale and characteristics of
surrounding properties; and
Protect and enhance specific land features which have characteristics distinct from
lands and structures outside this Special Purpose District; and
Provide within the Rayzor Ranch area a combination of land uses arranged and
designed in accordance with sound site planning principles and development
techniques; and in such a manner as to be properly related to each other, the
immediate surrounding area, the planned mobility system, and other public facilities
such as water and sewer systems, parks, schools and utilities; and
Encourage a more creative approach in the utilization of land in order to accomplish
an efficient, aesthetic, and desirable development which may be characterized by
special features of the geography, topography, size or shape of a particular property
and to accomplish a more economical and efficient use of land.
Within the last year, changing circumstances, including the introduction of a new
development team, have caused the applicant to re-evaluate the original site plan, location
and type of land uses, landscaping and overall design that were previously approved by
the City Council. As requests for amendments are brought forward for consideration,
staff continues to refer to the above purpose statement as a guide in making
recommendations. Generally speaking, the following information is still accurate but is
subject to change and possible future requests for amendments, particularly on the
Southern Tract.
Northern Tract:
The applicant is proposing to develop approximately 892,000 total square feet of
commercial uses on the Northern tract which will consist of 454,000 square feet in three
"big box" retail centers, 287,000 square feet of smaller "junior box" retail uses, 100,000
square feet of stand-alone retail, office and restaurant uses in addition to single family
detached and attached units (townhomes). Two gas well pads were also proposed along
the north side of the subject site. Staff understands that these pads have been eliminated.
The retail portion of the Northern Tract will comprise approximately 107 acres with the
remaining 46 acres containing the residential area.
The Northern Tract will also include open space that is being set aside to serve primarily
as a drainage and water quality feature (See Exhibit 3). The applicant has worked with
staff to utilize the latest guidelines from the North Central Texas Council of Governments
regarding control of the materials that typically flow off of commercial property during
storms. The water quality feature will be the first of its kind in Denton and will help
prevent materials from entering North Lakes pond across Bonnie Brae Street from the
site.
The approved commercial zoning for the Northern Tract is based on the Regional Center
Commercial Downtown (RCC-D) zoning district as modified by the overlay District.
The permitted uses were modeled on the attached site plan in Exhibit 4 and continue to be
consistent with the latest development plans of the applicant. The request to change the
base zoning for the proposed single family residential subarea will be brought forward for
public hearing at a later date.
Southern Tract:
The applicant has stated that it is still their intention to develop approximately 1,000,000
square feet of commercial uses on the Southern Tract which would include an outdoor
mall, standalone retail, restaurants and grocery store uses.
The number of large department stores has fluctuated between two and three, but the
overall square footage of commercial space has remained consistent. Two 8 to 10 story
hotels and a continuing care facility are also still being proposed. A significant portion of
the area that was originally designated for approximately 360,000 square feet of office
space is designated to be replaced with a proposed children's hospital (Phase I contains
approximately 75,000 square feet).
Finally, the applicant is proposing to develop approximately 185 single family detached
units, and 496 single family attached units (townhomes) and up to 750 multifamily units
on the Southern Tract. Two gas well pads were originally proposed along the east
(Bonnie Brae) side of the subject site. This has now been reduced to one pad near the
intersection of Scripture Street and Bonnie Brae. The Southern Tract will also include
approximately 18.21 acres of park land which includes a 15-acre central park that is
planned to contain an outdoor entertainment facility and one or two museums.
APPLICANT'S PROPOSED AMENDMENTS:
Pylon Signs
0n June 17, 2008, the City Council approved the framework for the Rayzor Ranch
Special Sign District (SSD) with the understanding that specific sign locations,
dimensions and design guidelines would be brought forward for consideration at a
later date. The purpose of a special sign district designation is to allow properties to
deviate from the sign regulations found in Subchapter 15, Signs and Advertising
Devices, if a qualifying property has an alternative comprehensive plan that is clearly
superior to what could be accomplished under standard regulations. The Council
agreed with staff's assessment that the uniqueness of the Rayzor Ranch development
merited the creation of an SSD and that appropriate guidelines that are compatible
with the criteria of Denton Development Code can be achieved.
The applicant is now requesting approval of the first four detached multi-tenant
signs for the Northern Tract. One sign (Pylon 1) is located along the I-3 5 frontage,
two signs are located on the north side of U.S. Highway 380 (Pylon's 2 and 4) and
one is located along Bonnie Brae Street (Pylon 3) (See Exhibit 5). Elevations of all
four signs are shown in Exhibit 6. Staff has reviewed these signs for consistency with
the criteria for signs in an SSD including the following:
1. Scale. The relationship between and compatibility of sign scale, site scale and the
scale of nearby buildings.
2. Color. 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.
3. Material. The materials of the signs and how they relate to their surroundings.
4. Shape. The shape and design of the signs and how they relate to their
surroun ings.
5. Landscaping. The relationship of signs to landscaped features in and outside the
district.
6. Traffic Safety and Traffic Circulation. The impact of the signs on driver's
view, the degree to which view obstructions are created or improved, avoidance
of confusion with or obstruction of traffic control signs and devices, and the time
it takes a motorist to read the sign.
7. Illumination. The impact and compatibility of sign illumination within the
district and in relation to neighboring properties. The avoidance of glare and light
pollution.
8. Integration. How the 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.
a. Is not being used merely to avoid or gain a variance of the sign regulations;
b. Does not violate the spirit or intent of the sign regulations; and
c. Complies with the requirements of this section.
Staff has also reviewed the signs against the approved color and material palette for
Rayzor Ranch as follows:
Acceptable material and color palette (reference Appendix A-D):
Limestone-varying colors, sizes and textures;
Concrete -Architectural finish. Texture coated or textured and colored.
Masonry -Brick or decorative CMU.
Galvanized metal panels or prefinished architectural metal panels of a
neutrallearthtone color.
Painted siding of a warm, neutrallearthtone color in accent areas only.
EIFS or stucco of a warm, neutral/earthtone color.
Accent colors of a warm, neutral/earthtone range are required but should be
used in a limited manner.
Natural metals such as but not limited to zinc and copper;
Natural wood, stained or painted.
Roofing: metal shingles and panels, or slate in galvanized or natural/earthtone
color.
when reviewed in the context of the overall approved site plan, approved
architectural guidelines for the Northern Tract, previously approved commercial
building elevations and SSD sign criteria, the Planning and Zoning Commission is
in support of the proposed sign elevations.
EXHIBIT 2
Aerial Entire Subject Property
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EXHIBIT 3
Current Master Site Plan
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EXHIBIT 4
Existing Base Zoning
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EXHIBIT 6
Proposed Pylon Sign Elevations
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EXHIBIT 7
Notification Map
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EXHIBIT 8
Notification Responses
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EXHIBIT 9
Sign District Ordinance
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AN
AMENDMENT TO THJE RAYZOR RANCH SPECIAL SIGN DISTRICT WITHIN
THE RAYZOR RANCH OVERLAY ZONING DISTRICT. THE SUBJECT
PROPERTY CONTAINS APPROXIMATELY 410 ACRES AND IS LOCATED
GENERALLY ON BOTH SIDES OF U.S. HIGHWAY 380 (WEST UNIVERSITY
DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND BONNIE BRAE STREET
AND IS LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT A; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (SD07-0001)
WHEREAS, Allegiance Development has applied for a Special Sign District
within THE Rayzor Ranch Overlay District; and
WHEREAS, on October 22, 2008, the Planning and Zoning Commission,
after a public hearing, recommended approval of the amendments; and
WHEREAS, the City Council finds that the amendments to the Special Sign
District are consistent with the Comprehensive Plan and is in the public
interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The amendments to the Rayzor Ranch Special Sign District are
hereby approved to the following conditions:
The elevations shown in Exhibit B are approved and made a part of the Rayzor
Ranch Special Sign District in the locations shown in Exhibit C.
Additional specifics of the type, location, design and material of the signage shall
be brought forward for City Council consideration at a later time.
SECTION 2. This ordinance shall supersede all requirements of Subchapter 15 -
Signs and Advertising Devices that are in conflict with or addressed by the Special Sign
District established by this ordinance. All other provisions of the Subchapter 15 shall
remain in full force and effect.
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 5. 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 6. This ordinance shall become effective fourteen (14) days from the
date of its passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper
published in the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2008.
MARK BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT DCA06-0010 (Subchapter 18 Amendments}
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding amendments to Subchapter 18 "Land Disturbing Activities" of the Denton
Development Code (DDC}; providing for a penalty in the maximum amount of $2,000.00 for
violations thereof, severability and an effective date. (DCA06-0010} The Planning and Zoning
Commission recommends approval of the Development Code amendments 7-0.
BACKGROUND
0n December 2, 2008, City Council received a briefing and held a discussion regarding the
proposed amendment to Subchapter 18. During this work session City Council provided staff
with comments. To address the City Council's comments, a follow up work session is scheduled
to give staff the opportunity to present proposed changes.
0n October 22, 2008, the Planning and Zoning Commission concluded a public hearing as
required by law, and recommended approval of the proposed amendments Subchapter 18 "Land
Disturbing Activities". Included in the AIS is the current Subchapter 18 with revisions
highlighted, see Exhibit 1. Recommended text additions are shown in blue and underlined and
recommended text deletions are shown in red with strikethrough.
Revisions are needed to Subchapter 18 of the DDC to help streamline land disturbing processes,
remove components of Subchapter 18 that are already regulated under separate DDC
Subchapters, and address new regulatory requirements of the City of Denton's storm water
permitting process.
Staff created an interdepartmental team comprised of Building Inspections, Planning, Watershed
Protection, and Engineering to review and make suggestions for streamlining the permit approval
process. Staff then was directed to assemble a stakeholder group to review Subchapter 18,
examine proposed amendments, and recommend modifications or additional code revisions.
Staff held three meetings with this stakeholder group, which was comprised of a diverse group of
seven individuals representing development, building, and environmental interests. Based on
input from the stakeholder meetings, staff compiled a final list of proposed amendments to
Subchapter 18. An overview of proposed amendments, along with background information, was
presented to the Planning and Zoning Commission on September 26, 2007. Following the
presentation, staff was directed to present the information to the development community. The
information was subsequently presented during the Developer's Luncheon on February 13, 2008.
During this process, Staff attempted to simplify the Subchapter 18 code regulations as much as
possible. However, some additions were needed to fully address new storm water permitting
requirements ("the MS4 Permit"}, as well as to address procedural changes in the review and
permitting process.
MS4 PERMIT REQUIREMENTS
On August 13, 2007 the Texas Commission on Environmental Quality (TCEQ) signed into effect
the Municipal Separate Storm Sewer System (MS4) permit. All cities in the State of Texas that
meet the "urbanized area" designation are required to comply with this permit within 180 days of
August 13, 2007. There is some history behind the release of the permit that is important both
for context and to explain how the clearing and grading regulations of Subchapter 18 influence
the status of Denton's storm water permit.
The United States Environmental Protection Agency (USEPA) regulates storm water quality
within the United States, although regulatory authority is often relegated to the appropriate State
agencies. For Texas, the TCEQ regulates storm water programs, with oversight and ultimate
regulatory authority provided by the USEPA. Nationwide, the USEPA began regulating storm
water in the early 1990's through the Phase I storm water program, which involved large cities,
large construction sites (5 acres or greater) and certain industrial categories. Once this program
was in place, the USEPA began to work on the next phase of implementation (Phase II), which
was designed to encompass smaller cities (through the MS4 permit), small construction sites (1
acre or larger, or less than one acre but part of a "larger common plan of development") and
additional industrial categories (through a "multi-sector general permit" or MSGP). The USEPA
mandated that all states with relegated authority were to release the Phase II construction
permits, MSGPs, and MS4 permits by March 2003. The TCEQ was successful in releasing the
construction permits and MSGPs by this date, but have been working on the MS4 permit ever
since.
The MS4 permit will present some new challenges for Denton, although the delayed release date
of this permit has allowed staff to accomplish some significant preparatory work. Compliance
with the MS4 permit is generally judged by the adequacy of the municipality's Storm Water
Management Plan (SWMP), which is a locally produced plan that outlines how the municipality
will meet the "six minimum measures" required by both USEPA and TCEQ regulations.
These six minimum measures are:
1. Public Education and Outreach
2. Public Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Control
5. Post-Construction Stormwater Controls
6. Municipal Good Housekeeping /Pollution prevention
The MS4 permit mandates development of "an ordinance or similar regulatory mechanism" for
both construction and post construction storm water controls. For construction sites, the
ordinance must "address both erosion and sediment controls, must include a mechanism to allow
for municipal review of the Storm Water Pollution Prevention Plan (SWP3}, and must have
inspection and enforcement components". Some of the amendments being proposed by staff are
needed to meet these federal and state regulatory requirements. It is important to note that
requirements set forth in the proposed amendments should not be new to developers, as
construction site storm water regulations have been in place at the State level for several years.
The MS4 permit, however, mandates significant municipal oversight, management, and
enforcement of this program in order for the City of Denton to remain compliant.
To address these requirements, the proposed amendments to Subchapter 18 include requirements
for applicants to provide a copy of the Notice of Intent and Storm Water Pollution Prevention
Plan for all applicable types of developments /building projects. The amendments also include
a "Remedies of the City" section in order to meet the enforcement requirement mandated by the
State for MS4s.
SUB CATEGORIES ADDED TO THE CLEARING AND GRADING APPLICATION
Per the revised language in 35.18.4 "No person, corporation, or other legal entity shall engage in
stockpiling, excavating, grubbing, or land clearing without the required approval and permits".
To help facilitate this requirement three new "sub-categories" of permits have been added. The
conditions and scope of work allowed under each "sub-category" permit are outlined below. It is
important to note that all land disturbing activities will require a storm water pollution prevention
plan and associated notice of intent as a condition of State law.
A. Clearing and Grading Permit requires:
1. Development Review Committee review of construction plan and site plan;
2. Approval by the Planning and Zoning Commission of a final plat, for those
projects which will ultimately be required to plat (see Subchapter 16};
a. Upon submission of all site information deemed necessary for approval, the
City's Drainage Engineer may issue a land disturbance permit on unplatted
parcels to improve drainage and promote compliance with Federal, State and
City standards relating to flood prevention and erosion control.
3. Tree Removal Permit, if applicable; and
4. Apre-construction conference with Engineering for clearing and grading
activities on public right-of ways or public easements.
B. Grubbing permit requires:
1. Tree Removal Permit, if applicable.
C. Stockpiling and excavation permit requires:
1. Tree Removal Permit, if applicable.
For clarification, the terms and associated definitions below are proposed for inclusion in the
Denton Development Code, the Criteria Manual, and on the new Clearing and Grading checklist.
Clearing is an intentional act to cut down or damage a tree and/or understory vegetation, to the
extent that the tree and/or understory vegetation will decline or die. Clearing includes, but is not
limited to, herbicide or similar chemical treatment of trees and/or understory vegetation, physical
removal, damage from soil compaction, or damage due to grading.
Grading is the mechanical or physical act of disturbing, moving, removing, transferring or
redistributing soil.
Grubbing is the mechanical or physical act of removing stumps, underbrush, and rocks, prior to
clearing and grading. Grubbing does not allow for any grade changes, only vegetation removal
down to bare soil. A tree removal permit is required for all trees with a 3" or greater diameter,
measured at 4.5 feet above natural grade.
Imported fill Imported fill is the mechanical or physical act of bringing soil in from offsite.
when stockpiling imported fill, it shall occur on private property only.
Excavation is the mechanical or physical act to cut, dig, or scoop soil.
Stockpiling is the holding on land of material or products such as, any soil, sand, gravel, clay,
mud, debris, vegetation or any other material, organic or inorganic, in a concentrated state.
Geotextile is a synthetic permeable fabric, either woven or unwoven, that provides filtration,
separation, and stabilization properties when applied to soil surfaces, and has the ability to
reduces erosion and sedimentation due to rain or a storm event.
STREAMLINED CLEAR AND GRADE APPLICATION PROCESS
The improved clearing and grading process is outlined below:
1. Projects with a final plat may apply for a Building Permit and Clearing and Grading Permit
concurrently. This was the driving force behind combining the Clear and Grade application
with the Building Permit application. It is important to note that Clearing and Grading
permits are for PRIVATE PROPERTY ONLY, excluding easements and/or right-of ways.
Clear and Grade permits may be approved and released while Building Permit issues are
being worked out.
2. Projects that are not final platted must receive final plat approval, which clearly identifies a
proposed site layout, prior to beginning any land disturbing activity of the development.
3. An early Clear and Grade permit for private property is still available prior to Building
Permit issuance, on the condition that the Development Review staff approves the grading
plans, erosion and sediment control plans, and tree removal, preservation, and mitigation
plans. With staff approval for code compliance, the early Clear and Grade permit may be
released prior to construction plan submittals for Building Permit review.
4. Any development with public improvements may receive the Clearing and Grading permit
concurrently with permission to begin work on public improvements, on the condition that
Engineering staff approves the 3 -way contracts, approves the construction plans, and the
3.5% inspection fees are paid. At the Engineering pre-construction meeting for public
improvements, the Urban Forester or Landscape Administrator will also verify if payment
into the Tree Fund is required in lieu of on- site mitigation for trees lost during construction
of the development.
5. All projects will require municipal inspection and enforcement for erosion and sediment
control on private and public property in order for the City to meet the Phase II storm water
regu atlons.
PRIOR ACTION/REVIEW
April 14, 2006 Planning and Zoning Work Session
August 3, 2006 Denton Development Code Meeting
November 2, 2006 Denton Development Code Meeting
September 26, 2007 Planning and Zoning Commission Work Session
August 27, 2008 Planning and Zoning Commission Work Session
September 10, 2008 Planning and Zoning Commission Public Hearing
September 24, 2008 Planning and Zoning Commission Work Session
October 8, 2008 Planning and Zoning Commission Work Session
October 22, 2008 Planning and Zoning Commission Public Hearing
December 2, 2008 City Council Work Session
OPTIONS
1. Approve as submitted
2. Approve subj ect to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
The Planning and Zoning Commission recommended approval of the proposed amendments 7-0.
EXHIBITS
1. Current Subchapter 18 with changes highlighted
2. Description of Subchapter 18 Revisions
3. September 10, 2008 Planning and Zoning Commission Minutes
4. October 22, 2008 Planning and Zoning Commission Minutes
5. Subchapter 18 Revised Draft
6. Draft Clearing and Grading Permit Checklist
7. Draft Process Flow Chart
8. Ordinance
Prepared by: Respectfully submitted:
Ron Menguita, AICP Mark Cunningham, AICP
Planning Supervisor Director of Planning and Development
EXHIBIT 1
Subchapter 18 .
Development Code
Subchapter 18 -Land Disturbin Activities g
Sections:
35.18.1 Purpose
35.18.2 ~~pproval and Permit Required 35.18.3 Exemptions
35.18.E ~~pplications
35.18.5 Standards
35.18.6 Plan Evaluation Criteria
35.18. ~ Purpose.
1~. Preserve and enhance the City of Denton's natural character by preventing untimely and indiscriminate
removal or destruction of trees, understory, and ground cover;
B. Protect and preserve the ecolo~%Ca~ actions of environmentally sensitive areas (~S~~s~ y reulatin land
c~stu~~~nces end rernov~l ~ of vegetation within the ES~-~s
C. Protect the city from sediment that finds its way into streets, storm sewers, ditches and streams which
may result in additional taxes for city maintenance costs9 increased floo ` ` gairec?a
water quality and da ale to property;
D.
Prom ~ e
sort Conservation by `z~ land cstur~ances~ L~ereby reduCn sed~~~~~ n ~ 0~1 air and Surface water ~oIlut~on; and
Cc~~~°~ly with State and Federal storm water
~eulati~ ~s.
35.18.2 Approval and Permit Required.
No person, corporation, or other legal entity shall engage in ~~-~c~~~~~,®~~°~~~~~._~ land clearing and grading without the required approvals and permits. ~`c~ivities
shall be limited to
the area and sco e identified on the lens si~i< ~i.tted wi~ba the approved ~ er `t and
_ . c „ ~ Fey e sto water re~u ~ ~~s. r~ere are three types of perb~'s covered by ~s s7_-'asec"~~n:
18-1
Subchapter 18 .
Development Code
Clearing and Grading Permit requires:
evelop ent Review Co ~ttee review of construction plan and site
2. ~~pproval by ~ I'.~~~in~ and Zoning Co `scion of a final ~°'n` for those projects which wil].
r ~ - ult` ately be required to plat see Subcbn~t~r 16
a. upon submission of all site inforg~rytj~ a deemed neces~ryf~~°®"~" ~roval~ the City's ~~;~r~e
~nneer r~.ay issue a land `sturbar ~e per `t on unplatted parcels to ~ prove drainage and
promote con~.pliance with ~,ederal State and City standards relating to ood prevention and
erosion cow
3. 'T'ree enaoval Per `t, if applicable, and
4. 1~, ~ ~~°-construction conference with ~n~ineerin~ for clearing ~ ~ radin~ activities on pubic right-of v ~ ~ m
way or public easements.
. drubbing Per `t requires:
~ . Tree Removal Permit, if applicable.
C. Stocp` ~n~ and excavation Per `t requires:
~ . Tree en~.oval Per `t, if applicable.
35.18.3 Exemptions.
The follotiving shall be exempt from the provisions of this Subchapter:
1~. Grading and clearing in emergency situations involving immediate danger to life and property or
substantial fire hazards.
B.
l~n site
c~~stu~°bin~ ~,c~~vity wn~?re ~ total vclur~.e of rr°.~te~ial c ~stu vd, stc red disposed of c ~ used ~s fill does not
exceed 25 cubic yards for residenti~~ ',~~iects or 50 cubic y~ for non-residential protects nd the area to
be `stored in either case does not exceed 2 000 square feet. ot~vitstan `ng t `s exerr ~tiong the site
~sturbance activity sha11 not result in the obstruction of any water courses, nor shall be located in a doodplain or any other environmentally sensitive area. This exemption
shall not constitute a waiver or
variance from a lice state or federal re ulations.
C. ~ - ~ ,
Soil disturbing
a°° ~ . _ ° Ins,
D.
~'.ock is+~ and bn ~ ` of e~~ ' rnate~al associated
with co ercial quar~;~ aid la~~~dfill o ~e~atio~; . ~.cer~sed under the State.
E. dM
Proiects with ~n n~ droved Buil ~ Per 't.
18-2
Subchapter 18 .
Development Code
.
35.18.4 Applications.
Permit applications and requirements, processing of applications, and conditions of issuance are as follows:
1~. ~~n application along with the required fee p shall be submitted in accordance with the l~pplication Criteria Manual.
B. ~~ny permit granted under this Subchapter shall expire one year from the date of issuance. Upon a showing of ongoing construction activity, the permit may be extended
by the building official for one
monthperiod and for an additional fee.
C.
Reviewed plans sAAaIl noL e agnended wiLlAo~.~ autlAo~ization of the uil `n Official. The
Bull ` Official ay suspend or revoke a per `t because of incorrect infor anon supplied or for any
violation of the provisions of this Subchapter.
35.18.5 Standards.
The desi n criteria for erosi~ ~ and se ` ent con' of shall cor~~ly wi~'~ desi standards contained in the Site
r esign Criteria Manual., `'er ~ttees saIl also comply with the
followin general re~7~~n' ins and sta~~~~..~°~'s:
A. General Regulations.
1. The ~~aivit will not create or contribute to landslides, accelerated soil creep, and settlement.
2. The ~ ~aivit will not create or contribute to flooding, erosion, or increased tubidity, siltation or
other forms of pollution in a watercourse;
3. O erations shall be consistent with anticipated build-out schedule, and shaIl be
conducted so as to expose the smallest practical area of soil to erosion for the least possible time;
4. _ ~ The property owner shall be responsible for all cleanup operations incidental to the disturbance of the surface of the property within 6 months of
the
operation completion date, inclu ` g removal of to porary erosion and se ` ent controls if final
st li.~~ - ~ ~~tn~ ~ °~v r ~~l ~er~ wal of all or other rnaterlals not suitable for f ~1
5. Igo soil, rock, mud or n~°d other construction debris shall be allowed to be deposited on or in the
streets, alleys, utility facilities, ri hts of way, ease ents, or drainage facilities owned or required by the
City of Denton. r
6. The site op~~°~'-~~° or owner ~l~n~~ ~~°ovide a copy of " ° si ed 1~ot~~P of Ir~'-ent from the T~ern~
Com ~ssion c ~nviron e~ ' ~ o ~~n~ity~TC~C~ for alp n sites that are ln~•~er ,-h~ ~ _5 acres or are leis
than 5 acres and part of a lager co on plan of development and shall develop and maintain a Storm mater Pollution Prevention Plan (S PP) for the site in accordance
with TC~t~ re ulations.
7. The site operator or owner shall provide a copy of the signed Construction Site Notice for all sites less t~~ , ~ acres and not part of a lamer co on plan of develop
ent excee ~n acres- ~ r ~l
develo ~ and aintain a Storm. ~Xlater Pollution Prevention Plan (S PPS for the site in acc ~rdance
with TCE regulations.
S. The site owner or operator is responsible for routinely inspecting erosion and se ent controls at the
site, as specified in the SPPP. The City m.ay also inspect erosion and se ~ ent controls located at a
18-3
Subchapter 18 .
Development Code
Establishing Ground Cover.
~t s~~~~w~e ~e~~„~~,~h~~i~;~~f the irect~r ~Xlater/~Xlastewater t~ ensure that temporary stabih.;~n~-~~n
measures ire appropriately established in all areas ~f the site where sail disturbances
have occurred and ~~avre c~nstructi~n activities have ternp~rarily ceased fir r~.~re than 2~ calendar days. Tern ~rar ~ ~~~~lizati~n ay include see ~n~~ e~textiles~ mulches,
and s~ ~ ar assures a~ ~~`,~wed b
the City, and that are designed t~ reduce ~r e ~ `Hate erc~s~c~~ ~~nt~l ~errr~a~.e~t qtr ~~~~1iZ~tlC~~ c~ ~ ~h~eved W
~r 1~nti1 fti~rter c~~ S~~L ~~i~n ~ ~tivity takes placer
35.18.6 ~ . - .
..,a
a ~~a.
e + M..e
The City ~ den the °~',~r~val ~f any clearing and ra ~nperrr~~d _builc~f r~ per `t, site devel~pnaent
plan and ~ ether Ci' =T approval necessary t~ c~ ence ~r continue c 7nstructi~n ~r t~ assn e
occupancy, ~n the rounds that site er~si~n ~r se ~ ant c~ntr~ls are deternrir~ed nit t~ reduce the
~schar~e ~r se ` ent~ silt earth sail ~r ether materials associated with land `sturances t~ the n1ax~ un1 extent practlcable~
a Tf a pern~ittee ~r its officers ern hveesa,~ents, c~ntract~rs, subc~ntract~rs, ~r representatives fail t~
c~n~ply with any requirements ~f this subchapter {including any requirement inc~rp~rated by reference) a
18-5
Subchapter 18 .
Development Code
representative fr~rn the City shall dive notice t~ the pern~ittee specifyin, the nature and extent ~f the alle ed ~,.,~~„~,°e, the extent efforts required t~ cure the
failure, the e~ ~~a1~hed cure period, and P
potential ~ pacts ~n the health safety, ~r welfare the c~ unitya The cure period wi11 be established
by the City representative, and will generally nit be less than 4$ hours unless the aIleed failure represents
a risk destruction property ~r iniury t~ persons. The cure period may be extended fir inclement
weather ether factors at the discretion the City representatives
C~ T~ ~ `~ernaittee dies nit cure ~ ° ~~-ed failure within the time frame specified by the City representative
the City .ay: d
1~ ~~tify the'TCE~ and request that the TC~t~ take appr~p~ate actin, and
2~ Issue a Step irk order and rnay enforce the penalty prwisi~n Subsection 351.,10.4 the
I)ent~n I)evel~pment C~d~ n~~jnst the permittee ~r site ~perat~r, b~t~
n Should the per `ttee ~`n;l ~n any respect t~ fulfill the requirements ~f t `s article, the City mad ~-~®~n t~ the
property in question a:~Po~ perform. such work as ~i7 be necessary t~ fulfill such reguirerne~t~ includin
but nit l~ `tad t~ levee rounds, establishing ternp~rary stabilization, c~nstructin~ er~si~n c~ntr~ls, and
rem.win a ll ~~i14 r~ck~ debris and ether mate~als nit suable fir fi11 at the perl~.ttee's expenses 'The City shall bill the permittee fir the expenses incurred. If t~~ erittee
fails t~ pay the City fear such expenses
within 30 days ~f being billed fir earns the City sa~~ , eve ~ ? ` r t~ place a fien ~n ' ~ ~ property fir all
arn~unts expended by the City, plus interest at the current lawful ratan
~a The remedies provided by this Section are in addition t~ any ether remedies described in this
I)evel~pment Cede. exercise ~:1~ tamed sl~~~l~~t~t be n ~n~ against, nor a prerequisite f~r~ ~p n~- ether
actin n~rni~~t the vi~lat~r, inclu ` ~ civil enf~rcernent tame ~esa
18-6
EXHIBIT 2
DESCRIPTION OF SUBCHAPTER 18 REVISIONS
Section of Code Reason for revision
3 5.18.1 B Original text did not recognize the ecological
component of ESAs. Remaining text was
modified to m rove clan
3 5.18.1 C Modified to improve clarity. The term "aesthetic
value" was added to previous versions in reference
to the loss of aesthetic value of surface waters due
to increased sedimentation. This term was removed in the latest version due to concerns
voiced during the P&Z public hearing
35.18.1 D Re-written to improve clarity and remove
redundant text.
3 5.18.1 D and E (redlined section) Removed -Redundant
35.18.1.E Added to acknowledge the purpose of compliance
with State and Federal storm water re ulations.
3 5.18.2 Text modifications in introductory paragraph were
made for clarification and to recognize that there
are now 4 permit types, not just a single C&G.
The "approval" conditions outlined in A through F
have been moved to other sections of the subchapter specific to each permit type. These
conditions will be reiterated in the application
checklist that will be developed to accompany this
subcha ter
35.18.2 "Approval and Permit Required" items A, This text describes the review and approval
B, C, and D requirements for each of the permit types. The
main intent of this section is to describe the
differences in requirements between a C&G with
and without public improvements, and to note that
the grubbing and stockpiling permits will simply
require the applicant to meet the conditions of the "Applications" section and obtain a tree removal
permit if applicable. Note that the final plat
approval is required for issuance of the C&G
permit, which ensures that the final plat and all
associated final plat conditions are approved before
land disturbin activities occur.
35.18.3 "Exemptions" Items B and C have been combined into a single
requirement. In the current code, exemptions for
residential grading are provided for 1 acre or less.
Land disturbing activities for non-residential land
uses are currently exempt for anything not exceeding 1,000 square feet of disturbance or 100
cubic yards of soil. Staff combined these two
requirements into a single requirement of not to
exceed 2,000 square feet or 25 cubic yards, for both
residential and non-residential. This was done for
several reasons. First, there is no clear to is for
Page -1
the different exemption conditions between
residential and non-residential that are currently in
the code. Second, if the "less than one acre"
exemption for residential remained, staff felt like
there would be a great deal of confusion between
this exemption and the requirement by the State for
a site to abide by state storm water requirements for
ANY land disturbing situation (regardless of size)
if the site falls under the definition of a larger
common plan of development.
The intent of the original code was to facilitate
improvements on a residential property and to
allow some disturbances onnon-residential
properties. The proposed language will allow a
relatively large building to be built (2000 square
feet) or a swimming pool to be built (25 cubic
yards of soil) on a property, and there is nothing to
prevent the applicant from performing these
activities multiple times. Because of the amount of soil disturbed and the potential effects of this
disturbed soil on adjacent land owners, staff felt
that any land disturbing activities that are larger
than these thresholds should be required to have a
C&G permit.
The remaining revisions to these sections were
made to remove extraneous text and include the
original agriculture, commercial quarry, and
landfill operations. Tree transplanting operations
was removed to eliminate redundancies with Subcha ter 13.
3 5.18.4 "Applications" A Remove the ambiguity associated with the
"approved by DRC" text and removed the clearing
and grading permit text due to the fact that the code
revisions now have 4 ermit es, not 'ust a C&G
35.18.4 "Applications" C and D Replaced Director of Planning with Building
official to align with current procedural approaches
and remove the "dual roles" in the current code,
and combined with "suspension and revocation
clause" in D.
35.18.5 "Standards" First paragraph modified to reference the Site Design Criteria Manual for detailed criteria for
approval of a C&G permit. The general
regulations are then referenced and pertain to all
permits.
3 5.18. S .A "General Regulations" items 1 through 3 "Grading" changed to activities and "grading
operations" changed to "operations" for
consistency and in recognition of the several permit
types outlined in the proposed amendments
Page - 2
3 5.18.5 .A "General Regulations" item 4 This section was re-written to provide some
regulation for removal of temporary erosion and
sediment controls, as well as trash and other
material not suitable for fill. Both issues are
chronic problems with development sites in
Denton.
3 5.18. S .A "General Regulations" item 5 Soil, rock, mud, and other construction debris is
being placed or directed into streets, alleys,
easements, and drainage facilities is also a chronic
problem in the City. This text was added to rovide some re ulato oversi ht /enforcement.
3 5.18.5 .A "General Regulations" item 6 and 7 Added to specifically outline the TCEQ
requirement for a Construction Site Notice see
(TXR150000, Part II, Section E.2.c <page 16>) or
Notice of Intent (TXR150000, Part II, Section E.2.e
< a e 17>)
3 5.18.5 .A. "General regulations", item 8 Added to meet the requirement from the State for
the local ordinance to have an "inspection and
enforcement" component.
3 5.18.5 .A "General Regulations", item 9 Added due to staff concerns about phased
occupancy without adequate permanent erosion and
sediment controls for non-residential /multi-family develo menu
3 5.18.5 .A "General Regulations", item 10 Added to ensure that there is no gap in operational
control and SwPPP responsibility during all phases
of residential development. This issue has been a
chronic problem in Denton, due in part to the
ambiguities concerning stormwater responsibilities
as a residential subdivision transfers from being the
responsibility of a developer to the responsibility of
individual builders. This issue is briefly addressed
in TXR150000, Part I, Section F.4 <page 21>. Item 10 ensures that operational control is
maintained from develo ment throu h occu anc .
3 5.18.5 .A "General Regulations", item 11 Added to specifically require that temporary
erosion and sediment control devices are removed
by the responsible party, as identified on the
SWPPP for the site. The removal of these devices
is a chronic roblem.
3 5.18.5 .B "General Regulations -cuts and fills Removed due to redundancy with SC 18 and Design
Criteria Manual
3 5.18. S .C "Establishing Temporary Stabilization Staff has made some modifications to this section
Measures based on recommendations of the P&Z
Commission made during the September 10tH Public Hearing and subsequent evaluation of the
requirements of TXR150000. The current code
requires establishment of groundcover for disturbed
areas not intended to be developed within 30 days.
TXR150000 requirements are outlined in Part III,
Section F.2.b.iii. < a e 30>
Page - 3
The requirements of TXR150000 are somewhat
ambiguous, and require stabilization to occur as
soon as possible in portions of a site where
construction has temporarily ceased. The
requirement outlined in TXR150000 is for
stabilization to be initiated no more than 14 days
after the construction on a disturbed portion of a
site has either temporarily or permanently ceased.
However, TXR150000 then provides an exception for this requirement, stating that stabilization is not
needed in situations "Where construction activity
on a portion of the site has temporarily ceased, and
earth disturbing activities will be resumed within
21 days, temporary erosion control and
sedimentation measures are not required on that
portion of the site".
These seemingly conflicting code issues have
caused a problem. The most common interpretation is "stabilization must occur within 21
days". However, others have argued that the
correct interpretation is 14 days (the original
requirement) PLUS 21 days (the exception
requirement) for a total of 3 5 days. Staff contacted
TCEQ and confirmed that the State's interpretation
of the timeframe is 21 days.
The current requirement for stabilization measures
in SC18 is 30 days. Staff has revised the language in this section to be more consistent with
TXR150000 by changing the requirement to
"temporary stabilization", including all types of
temporary stabilization items listed in TXR150000,
and changing the text to reflect the 21 day
timeframe.
35.18.6 Plan evaluation criteria has been moved to the
Criteria Manual. Remedies of the City were added
to meet the enforcement measures that the TCEQ
requires the City of Denton to have to maintain
com Hance with TXR040000 (the "MS4" ermit).
Page - 4
~ 11 1 1 req►1.irem~ts, themselves, to help facilitate procarally the
2 ~SSICR 4~5: Next zt~t on the 2 ~,ssuance of cl~arlrag and gradlrag and othez similar permits
3 P,get~ia ~is a Public heari Hold a public hearing 3 here ~t the pity. 4 ca~idex irxg x~oorm~ru~aticm to the Dent~1 City C'icil on 4 The second wee to addr~esa
starm water
~ the followir~ items: ~t to meter ~.8 of the 5 require~t~lts or for for usr fiat is kncx~m as the Fhase TT
5 Denton Development Code . 6 .storm water r~equ.i.rements , xhese art r~tiana~, pollutant
7 1~ar1, would you bxax~g us up to date, please, 7 c3~.schaxge elima.naticm system permit requirem¢nts. ' a~
S sir, 8 related to storm v~,ter, They' x~e very s~.mi}.ar to the NPDES
9 1~+~. ETA: Tk you, C~ii.r, Nlernbers of 9 permits that we have to comp~.y with at the wastewater 10 the C~tmission. let me brim up the screen rte, quick. X 10
t~atment plant, So they~re dea~.ing with discharges of
11 t3w7k I might need saw help here. ~.1 water, in, this case, storm water, that are leavirag oar city.
12 ~ Again, thank yon, Cha.irarl, Members of the 12 Phase l was first park of this large federal
~.3 C~t'missi~. The item in fr~alt of you today is the 13 pr'ogr~n, and it captured. lame cities ~ khe United
74 T~relc~ment Code at~erit t~ Subchapter 1$. Tt~s is, l~ States and certain types of i.ndust~es called Multi-Sector
15 esserltla~.ly, a rewrite of Subchapter 18 dealirx~ w1th.. 15 general Pernti.t, or 1~PS. For exa~ple, far the pity of 16 land-disturbilig activities. 16 Deng,
we have three: the. a~.rport, the la~fill, and the
. 17 ~ The purpose far the D~veloprnent Code ~,7 wastewater treatment plant, and it's also gok large
l8 amennt is to streaml,irae a process for the appro~ral and I8 corastructi~ sites, those that are five acres arrT greater.
l9 permittl~ of clearing and grading. It is also to remove 19 use IT~ was the nett oo~onent of this
2 4 panelxts of 51~bchapter ~.8 that 1s red~dant and is under 2 0 program. And the intent of Phase TI was to, basical~.y~ 21 other separate subchapters . Also it ~
to address the storm 21 capture the sm~.l to med3,Lsized cities and to take the
2 2 va~t~'X` permitting 11 rams, primari~.Y, the NiS4 pern~its. 2 2 cstruction permit size dawn from five acres to ors acre and
2 3 And, lastly, the last purpose is to address proce~aral 2 3 also add an exception or,. rather, a requiret called a
2 4 rjes in the review 'and permitting process . 2 4 larger ccm plan of deve~.opm~t, m~aniz~g that ~ if yon
2~~ App.rr~tely four or five years ago a team 2 5 had a site that was less tin cne acre, if you wire part of a
1° 12
z was put together with m~rbers of staf f that included 1 lamer carnron plan of deve~.i~t~,t that exceeded acre, you 2 do~oartrra~l~s of l~iildirasg pections, plann~r~g,
we~tershed 2 wire required t0 have a Storm water permit .
3 protection, as well as eragin~xing. it or the 3 There wiere a lot of probl$ns with the initial
9 purpose far the team was t0 Dame up with ie~aas and propose 4 phase of the perm~.t in large subdlvisi:ons in deternaning wha
5 its to the Subchapter 1$. ~ 5 was respar~s}hle once the subdivision. had bey created and the
~ llavirx~ the team btli.lding ~t ~ ~x~dividual lots axe sold for de~lop~r~exYt ,
7 ~datior~s, they brht it forward to a stakehalc3er's 7 The way this federal permit works is that it 8 group, And this consisted of seven irrlividlxals r~px'esenting
8 was, basically, put ford h4' the ~rirarrnental
~ the elopers, ilders, a ernriron<rrental interests. 9 FroteCticll Pncy, the EPA, aryl it was put out nationwide.
T 4 '~ey've had three rrreetirags SiTICe, they've also provided D Cain states have indivic~a,a1 stake authorities that
. .11 infornation regardil~g the proposal that you have in front of ll actually perpetuate the EPA regulations: In t~ State of
~.2 you.. ~ 1~ asr this is the Texas Ckmr~issiaon on ~nrzro~r~.tal Quality. 13 Fallowa~ those meetings it was tY,en 13 'ifie , as it's ~i, was required
to have
14 presented to the Pl~nri' ~ and 7~ir~ Canmzssi~ at a work 14 all of the cats of this pezlr~i.t u~ p],ace by 1++~rch of
~ ~ ~2SS10t1 bafik 111 r Ser 26th to Ct . At that ~ ~ 20Q3 , Thy got Ghe cc~tructlcQl site Cgt~pQ~7t . They
15 wt~rk Sessio~l zt was dXaoected that we present this to the 15 tl7e c~aponetlt that deals witrl the mlltisector general
1 developers of the developing ~n~.ty. And that vase drxbe 17 permits. did. not t They get the City ~ per►~it put ta~eti~r. 18 earlier this year, February
of 20Q8. 18 That city permit is ]awn as an Imo, ~micipal Separate Starzn
19 I'~n going to row itlvite any ~azilcs to i 9 Sewer System. i++~rch ~Q~3 came art~tmd, and we had na permit
2 ~ discuss t N~,S permit process, Fhase T Phase II. 2 Q from the state. Nb,rch 20Q4 carne axourrl, and we had no
21 &~1~G5 : Cad e~ning, Cbmtda5siot~ers . l °m 2 permit . Arad an fact, we hacl ~ permit rultil August of 2047 .
2~ going to give a br1e~ overview of the storm water oc~pa~lts 22 'That's o of the reasar~s this issue has been out there
2 3 of Subchapter' 18 : dust t.o give a little bit 2 3 for so lc . 2 4 5~lhchapter ~.B was r.sed with kwv major intents in mind. 2 ~ In effect, we are required
as a muiicipality
2 5 The first intent was to streamline the subchapter 2 5 to address six minit~un measures. these six minim,u~
PLAN~~NG AND 2DNING F~~CULAR ~~~ON ~~PT~NB~1~ 1~, SOS
' _
13 15 1 maasure~ axe listed up here . i~at we're talking about t~.s 1 riot exist ~ the current 5~bckxapter 18 .
2 everli.ng are two of these minimum measures, namely, No. 4, ~ 2 We do have scm° faa.rly stiff penalties that .
3 oohstn~ctic~ site nff cantml, and riTo. 5, 3 could be brought to beax aga~t us. as a rn.u~icipality if we ~ post-aot~tru~ction storm water controls. 4 ~ not c~arply
with the State 1eve1 Vie. We can Sae
~ ].8, really, was looked at fran the storm 5 subjected ta, basically, the provisions of the Clean Water
b water perspectivE: to try to deal with the issue of ~ 6 Act. That means we can get $x.1,000 per day as an
7 cc~stru~tia7 site r~off c~ntxol. end tie are sane 7 at~inistrative order fine. And that is capper at $137,500.
8 elats of post-oonstructi,~ storm water cc~trol that are ~8 The civil enforc~erit actions are the ones
9 folded zeta 18, as well. 9a from the storm water starr.~aoint, ~ that are a little bit mare car~cerning. They can be up to 10. that i.s why 18 .was revised. 1Q
$27,500 r day, arbd thexe's rao maximrm limit. So there have
11 Now, there are roam other revisions within l8 11 been instances of mmicipalities, hexe in the DFW metraplex
12 that deal with procedural aspects of haw the c~.ea,ring and 12 eve, that wexe under the Phase ~ praam that have had to
~.3 grading permits are issued here at the City, frp~ a storm 13 pay significant fines due to r~~xrpliance with storm water
14 water standpoint, thzs is revisions were xrede. 14 requirements at the state level.
15 Sara elements that we are required by the 15 These axe the kinds of things w~:'re talkirx~ 1~ State to ha~re ~in our crlnstructian site rur~ff ones, we about.
1'~oarly rr~intained silt feces ~tY,at are allowing .
17 havve to. have an ordai.re that addresses both erosiari and 17 sediments to .escape the site; sediments that get into the
18 seeiim~►t controls . That ►nas are important cannt became 18 street v~ick~ are both a rnusance and a cast to City to
1 ~ ours mainly deals with sedim~,t, actual mrt of sails 19 clean these up either from street, itself, or from the
~ 0 off of the site by thse actic'~ of water in a ~Ii~ed ~ 0 public infrastructure that this mater~.al ends ~ in as well . 2 point . 21 as potentially being
a public safety issue .
~ ~ r e~OSl~I is s~.mply ' of soll ~ 2 And T w~auld pairat Out that the 5~dlm~]t Troves
23 that can be moved, by wiry ar~d water. So t~xe's a ~.ittle fat 23 and it goes places, and it erns up in our storm water
2 ~ .af difference ~tY~re . bast of the ooritrols that we ~ re used ~ 4 infrastructure aarz some forn~ or fask~i~.. We manage that storm
2 5 to, Tike silt fences, for ex~e, are px~dat~antly 2 5 water infrastruotuze as a ~mi cipality. And so to rem:
l4 16
1 sediment-control devices; not erosion control devises. They 1 this material to rrai,ntair~ our c~orsveyanc~er ~ has to pay Z dcn't prevent the soil from m~nrirg.
They 3ust simply capture 2 fox it. And, if we d~'t
. prevent it from leavi~ the site, 3 it before xt leaves the site. 3 ultimately, the City is going to Y for it in saw farm or
4 We have to have rt~u~icipal review of the site 4 fashion.
5 managed plans that construction sites are requ~.red hY 5 we've got to also keep in mind tY~t this all
6 state law to flat toget~ier . These site pJ.~ns a~ oc~rrnarily 5 drains to aux water source, eke Lewisville . ~1nd
7 ref to as Storm Water F~ll,utio~n €~retrentia¢~ plains ~ there are cc~exns abazt this material bath from the material 8' St~3s. 9iroes you see t~aem referred to as SWPPP.
8 staaoint; itself, as weld. as loss of recreation and loss of
. ~ The mmicipedity is required to set uA a 9 storitivity in the. lake.
~.0 mechanism to receive ix~formati~ provided by the public with ~.0 Sa T believe at this paint 1 has gnt a few
31 rega~s to ernsiorz and sedim~t occurring at sites. we have: 11 extra slides to ga through, aril then I asswt~ I wi11 be here
12 to love regular doc~mted mm;cipal ;.n~~ectians, as3d we nave 12 to answer any questiar~s that you migY~t have. Thank you,- 13 to have a rnechana.sm that is codified
that allows us to assess ].3 ~MISS~G~R WATf{~TS: Tlk you.
14' axe levy penal.tzes for r~anaoatpliance. 1~ PC~lTA: Thank you, ICermy. A~gai.n, 1~4,
1 ~ zn effect, the State was given this series of l 5 ~.mi.cipal Separate Starrn Sewer +Stem t~aat t s a lot there
16 r~egc3,ations fx~xn the k~'A. The State put those series of 16 - - i want to rea.terate that Ni54 permit th~it is required
17 regulations to the individua.]. m,znicipalities. The State 17 by tY~e State, as Katy head m~ltzc~.ed, ].t's maxxiated that
18 retai.rs the ultimate enforcement of those provision. But 18 muu.cipalit3es, such as us, have to provide averszght ~.9 because they require the City to have a stornt
u~ater permit, l 9 mana~getr~r~t and enforcat~ent of this program ~ order for us to
2 ~ they are, basically, recce. us to enact enforcer~t at a 2 0 r~a~ ocmplia~nt with state re~laticros.
21 local level. ~ 1 Deal c~uic)[, what's in front of yaEa rigktt now
~ ~ And that's sorts of t~ changes that we have 2 2 are it~ts that Staff is currently apply, w~-iich is the
~ 3 made tQ ~.8, , with these revisions to allow us to assess 2 3 clearing arad gradir~ permit that is currently within our . ~ ~ and ievy penalties. You'
it notice the is a remedies 2 4 universal bu}.lding permit application. I++t we are proposing
2 5 secti~ that exists aaa the proposed Srab~hapter l8 that did 2 5 as part of the
chapter 18 ar~ner~t is to intr'pduce
PLYING ~~~TIN ~EG~]L~iR SEAS I~~ aE~TE~BE~ 1 ~ ~ ~ 4 $
.
17~ 9
l subcategories to that ~leaxincJ and ~ Pmt. 1 with Phase II r~uirem~,ts, outline procedures far issues
2 The first ie t~ clearirx~ ark gradi.r ~ .that caz~ be probl~ratic such as phaser~ occupancy, remove? of
3 parma,t with public inpz~vements, clearing and grading witht~t ~ temporary erasion; sedzme~. c~trol devices, and 4 public i~pr~,ts, a gru#biixl part, stack~ilir~ and.
4 c3~velcr/builder interacticros cep ~sic~itial c~v~elap~ent .
5 excavation perir~it. A~ I'll qo futGher in details to each of 5 Psgaur, those stan~dands were intaroduceci to carply with state
5 those at a later time: ~ regulations.
7 dust to provide the applicant with a clear Z And., lastly, the Section 6, prior it vas
8 enders of vat we're tandi~~ p~t~► xe ~ to also 8 termed Planned ~raluatiar~ criteria. That set of criteria has
9 include defixiiticros as part of these code amts. And 9 beers moved. It is now remedies of the City. It's beers ~d 1 ~ the first cme lore is for cleari~ . And I'
m going to read it 14 to ack~ess Phase l2 rr~,; remits for codified er~farct
1 briefJ.y. Is an intential act to cut darn or damage a tree m~sures. Those are all listed in your bac7~,~p, and it's veary
12 ~a~d/ar undestr+cyed vegetati~ to the extent that the tree 12 lengthy. And it describes those requirnts as stated.
13 ar~d{ar wstrayed ~regetaticn will cline ar die. 13 I d~'t have a slide for the four
14 Cleara.t~ incls, but is not limited ta, l4 s~categaries. I'm just gain to go ahead az~d Head it for
~.5 herbicide ar similax chetr~.Gal. treatment of trees and 15 you. The first arre is the clearing ark gxadirx~ perm;t with 16 understary vegetati~, physical rema~l ar dar~ge
from soil 6 public i~tpravemen~ts . What r s required for S is d Staff
17 cctlpaCtion or doge due t0 9~• 17 reviernt and positive rec~atian by the Developm~t Review
l8 Definition for grading is also being ~ l8 Gc~ittee of a site plan and c~nstructian plan.
19 prr~ra.ded, It is the mechanical ar physical acr pf i 9 Prior to the public hx~., 5taf f met and
2 0 disttu~i~, ma~vi~, rnr~, trar~sferrin~~~ or x'edistributing 2 0 wire wor#~ir~ ~ the ]:awe as proposed. Again, to he ~ 1 sail.. ~ 2 1 clear, I'm going to go
ak~ad and restate it again. Clearir~ .
~ ~ Gn~bbing is tk~ m?chani:Cal ar physical t of 2 2 and permit with public imp~vnts . The first
2 3 resmvir~ stumps,. lmi~rt~sh., and rocks prior ~to clearing and. 2 3 requirnt is that Staff review there's a Staff resew
~ 4 ~ • G~bbirx,~ does not allow far dXiy grade Cha~~s; only ~ 4 drJd ~ posl~lve ~tlon t~]e Develot Review
~ 5 vegetatiaz~ r~rrntal dawn to the mare sai.I. tree oval 2 S Cb~m~ttee of a site plan and oCmstructa.Cm plan. It's revised
7,8 24
1 permit is ~.ired for all trees with a 3-ira ar grater 1 at pro. 2, which brims other sectiaa~ of that r vhich 2 diameter measured at 4 i.~2 feet. above x~atura~.
grade. 2 w~.ll read: Approval by the PIa~ and 7rntt~.r~ C~mi.ssion of
~3 TCCpDL'ted fill is the 1Chat71ca1 cr pYaysrl 3 a f~,r~a~, plat, ~f appl~.cable. Sa thexe's the separation
act of brir~irx,~ soil in from off site to be stockpiled ~ 4 between the site plan and o~stzuction plan, and n►aw hers
5 pxd.vate property ply, Ark, lastly, excavatiari is the 5 a new requ,irem°nt far a.f applicable, l }~y the .
6 merllarucal or physical act to c~zt, dig, or scoop soil. 6 F].anuir~g and za►vx~g ~arrnissi~t regazt~ir~ a final plat.
7 Srief~.y, the charges that have been proposed 7 1 ~A~; Rai, I was just wondering. Ikr 8 as far as these S1~bchapter 18 ame~nents, Mere r s five $ you have
that t4 where you Could put it cm the ~~lt cam,
9 sectic~s within 51~bch,apter 1$. And this is just a ~y of 9 and that way they can see u~atrs beir~ prosed. You Call
10 those proposed changes. 1 p just leave it aa~ tfie tap porticu~ of it there.
11 'Ihe first secti~. is the purpose section, ark 11 CITSSICB S~,AI~: Are you sayang
12 the changes there were mainly~to.clarify and eliminate ~.2 dividirxd that into two en~ces? 13 icy. The sect sectiaa~ is appro. and perndt 13 Imo. I]TT~; Yes.
The intention is to, as
4 requirts . Qaarx~es there, again, are to prav'i~ specif is 4 I was t
ryu~ to read, requires Staff review and'positive 15 proposed pexmit types. And I've listed those, ark I will go 15 recormrendaticn by the Development Resew c~rrmittee
of a site
16 over those at the later slides. G plan and ,structicn, as~d then period. We're goi~ to hang
~ 7 k~ceptions, changes to e?.iminate r~iCy 17 this se,d c~~t to Ido. ~ . And it will state : Approval
18 and mx3i.fy tent, to ensnare c~omp~.iance with Phase II, vhi.ch is 18 by the Planning and Z,~ing ComrrEissian of the final, xf . 19 the MS4 .permi.t requirant as earlier
discussed. 19 app~.icable.
~ ~ Section 4, Applicaticros~. ~e changes there . 2 Q Imo, Act~zally, we were t}irxd about
21 w tkLere to clarify mles of the Director of Planrwxg and 21 putting a Cara and approval to it as one sentence. If
2 2 Devel~ as well as the Yx~iZdir~ official . 2 ~ it's the Carmission's Terence, we d potentially break
. 2 3 Sectioe~~ changes to clarify cleanup ~ 3 it up into tug s~tenoes . ,But we tho~ht that we could
~ ~ rec~tirements. Tb ensure that the City infrastructure is n~ 2 4 possibly dress it in ~e sente with the a and the 2'S i,cted, ix~tmduce m~sures to c7.axify and
ensure ~.iance 2 5 errs.
P~,ANrTI~~ A ~~I~ 1~~~~]LAR EI~~T ~P'TN~B
~R 10, X008
21 23
1 1~Il2. r~G[7IrrA: If it"s understood, if there's 1 discussed, a twee perrnat will be xegtiired, if applicable, as
2 any questioa~s regaxding that proposed clzarige. I krnw it's 2 well as a precar~st~uction. coa~erence wit} our er~ir~erir~
3 kind of last rr~nits. ~ fit. ~ [I~STC~IER .r~: rf z nay. 4 C?~MISSIC TES: okay. fitly, yam.,
5 statem~t here that it requires St~ff~ review ark positive 5 can get a gradirx~permit with a preliminary p3at, right? Sa
5 reeCr~datica~. ~ ~ ~ 6 as you're phrasir~ this, that will rro lower be the CdS~,
7 N~. P'tJrXx'A: `That's c~onec~t. 7 correct?
8 C~+MISSICB~R ~C~+l: m time to time, 8 1~2. N~UI~'A: icy ur3derstardir~ is ycrz nci a
9 'the Plarn,;,~r and wing Comnissica~ will approve sarething 9 final plat you n to be i.n the firms plat stage. 10 that there was not a positive ration from the
10 o~~T+lISSTC~iER 5hauld, but I tY~ink
11 P7.anning D~axtment. 11 isn't there a big example of one that's just got a
12 NITA: Aud that's we're 12 preliminary plat that has a lot o~ grading on it?
13 separatir it. It's not going to be the site plan and 13 Pte. A+~UI7,`A: I'm not sure, But we can
14 Car~strtion plan a.s rat gong to be br~.~t farad. to tha 14 OISSIC~ER 'iAS: Well, l mean, I was
15 Flarming ~arbd 'T~.ng ~~tt~issicn. It's going to be a~rprwed, ar I ~ just . making suxe that that was not the case ar~y lamer, 15 poslt~vely ~ foZ approval by
the ~C, the 5 because that can caaise same problem .
17 Develaprr~nt. Review C'omtnttee. Arid it's o~.y the final plat 17 ~ MR, rim,: Right. And my understarxli~
18 that the Plarmir~g anri 7~ Ganr~ission~ will be ccrosiderirrg 18 is you would need a fir~l plat at ~.ea~t approval of a
19 as is stated tYrere. And that was part of the c~fusic~, so 19 c~+MTSSIC 'I~: ~I'Il yield to my
2 0 that's wliy we've aga~,n, prior to the public hearirx~, w~ 2 ~ grarrrreriat~s to ~ right to rake sure that this does not a~.~.ow ~ tried to separate that sa
it' s a ~.ittle bit ~nre clear.. 21 that .
~ 2 ISSIOt~ ~ : Z think the sent~,ce 2 2 1~ . ~ : okay .
2 3 as was presented an our backup mater~.al i.s oarrfusir~. We 2.3 CCriMISSIC~R i~,TKINS: Anyt} else?
2 ~ Cdn~ t' ~l~.l.t~ uI'1de~Stdnd ] tfie by t ~~.dluli and 2 4 C)~11SS2 N4, Slr.
~S irig 1S required. 25 O~MIS~I(~ER 9C~ So are ycu 511C~esting
1 1++~. pTTA: Right. 1 this is a rhaz~ge or it's a change pause practice allowed ~ C~ISSIOi 9~: So, perhaps, havasxd 2 grading rather than aac~ allowed grading
ors a pre~.iminary
3 tv~o sentences, so yrnt dons t get a lord w~ you have 3 p~.at?
4 tU go back to the beginn~sx~ aI]d f ~gure out the Comma and the ~ MR , N.fiA : I r zrl " carry. I m not able to
5 and, that you're going to need to say xequzres apprc~ral I7yy 5 answer that . It's mcr~ of a builduig permit oorrmet►t, and
6 Fl~~' ~ and Zar~irxg Omission of the firms. plat, if 6 Iirn rot sure to be awe to answer t questicm, mess my
~ applicable. ~ ~ 7 other staff mfrs would be able to answer tYbat. we can get 8 1~2. 1I3'A: We a~.d do that, yes. 8 back to you. I"m not going to
be able to answer tkiat
9 MISSI ~1'~: I was thiz~[ir~, if we're 9 questioa~.
~ laakir~g at transiti~rs, something lake as weZ~. as approval by J. Q ar~~szor~ 5~~: Right now mat is
11 tie P~,anr~ aT]d ~iirxd C'crrrrd.ssi~. Dees that say uthat we 11 being presented to us ~.s y~ rn~st have a final plat in ordez
12 want zt to say'? If we just use that trdnsiticu~l phrase '"as 1 ~ to do a permit? . 13 weJ,l as," then it gets bath o~ oar ~tities in there for l3 +MISSI
Tl~+~,.5: Garrett.
19 approval , 14 1~2. So you waraZd ~ an approved
5 C~MISSaCR 9Q~AA~tE : As we3.1 as appra"ral by 15 or a recom~rdati~ by our Devel oprr~nt a~,d Revi.ew Carm3.ttee
16 the Flannitx~ and Z~irxg C~'[riissi~ of the fi.rr~l plat, if 15 of a final p~.at in order to get yr'~.r clearir~ and grading
17 applicable. 1"] permit.
1 S CIISSIC~E2 LYKE: is that goc+d? 18 U+TlDES~TIFIF~U SP~~: Let me clarify that. 9 CYSSZCR Zit would work. 19 Trie way it used tD work before if a fir~I
plat was with
2 0 O~MISSIC I,Yl~: Okay. 2 0 appr~rtral by the i]RC. 'may've gare thresh, and there's r~o
2 Mlt, lU!'I'~,: Zhat same req~rirem~t will 2 ccxrrr3ents left, but it did not go to Fs~ far approval yet .
2 2 also be part of B1, so we' 11 going ahead and mom: that ~ 2 But it seatwd 1a.ke it was approva~..and DRC had no rare
~ ~ ~ 3 ment~, th~l they couid ga and get a clewing ark gradir~
~ ¢ Going b~Ck to clearing aril grading with ~ 4 permit and apply for arse . ~aat now charges it to the . 2 5 .public irrp~vts, in addition to what we've just
2 5 Canditi:on vihere the i;ir~l plat must be presented to the 1'&Z
27 1 and . before a ~leaxir~ gradtir>g permit Bald be ~NMISSLt 'Yes.
2 gr~,ted or approved.. that's cue. 2 MR. ~S: 'ghat. was t3ot put in there fc+r the
~ Ai3d yOU r L~° right ~ thak . At thalt t line they ~ i,5 0~ meeting the State re~,lzrement . t was put 3,I1
. 4 c¢~ly had a preliminary plat, ar~d they would ga to c~i-G. But 4 there due ka staff a.nteracti~ and drae to the ~tzozrs 5 they still would ham to submit drawings
far th,e final plat; 5 of this oarrnittee that we had put together. So I can't
& nit necessari~.y bring it to the F&Z under tl'ie old that ~ ackh:ess that from the stanalpaint o£ compliance with the
7 w~ had or st~.ll the current code ~ant~.l this gets approved 7 state, because, in effect, if you have acne-acre or less
8 ~ , 8 piece of property that is not paxt of a lamer c~rrt~n. plan of
~ 1++~. in fact, that was arse of the 9 drevelapt, that is e~rpt from the state"s nornial 1 ~ th~xx~s that z was recom~n~;ng pretty strcmgly, because the 10 requir~~nts.
11 idea o~ appxrnrability was a hit vague for the imposes o~ 13. ~o i can give you havir~ participated in
12 Staff a.ssuarrc~e of a pentzit. And so it was ors of: my I2 thxs a little bit, I can kind of give you the perspective
13 motions is that we have sari kind of dete>~rairrant i 3 there. At~d, a~an, keepuag in tY~at it's been a vhile
14 standard of approval that would go along with t.Y,at, if final 14 since w'a've looked at this, but the idea was that wauld all
15 p}acting is required. "Ihere be sane. situations in v~'iich 1 S for a disturbaa~ce that w.d allow a swi:r~is~g pool, a 16 a ~ana1. plat iS riot required. 15
building, ~h? rags of that r~ture. If ar~thir~ was ~.axger than
17 CISSIC]~ Well, thB]C@'s just 17 that, that] it was, basically, the .desire of the folks that
18 m~,~,# situations someki~~ where things can change. Most 18 were sitt~ang at the tabze that the ~i.ty be m aware of it.
. 19 .of the time; tati.nute~y after TIC approval, ~ but thixags stir. 19 CS~MISSI THOI+~AS: well, 1n ~.ight of
. 2 0' fan change. And' I'm glad it's this v~y. 'TYt.ank you. ~ 4 today c~imater I'rn thaxils~r~ 2, 004 square feet is not msch
21 ~lTA: 'The .nom su]~categ4ry is the ~ 1 of a buildir>g, ar>d r'ttt refe~ia:~ to, like, irtfill sites that 2 2 cleari~x~ and. grading permit withouk a pub~.ic
i~t , 2 ~ we've discussed z'uuneratxs times . And this evan deals with
~ 3 And the any difference there is that a preconference with 2 3 those types of infill sites why I think we cataloged,
2 4 our erx~ineezi departn~nt is not a requirem~t . ~ 4 rauc~h].y, 5~0 sites within the core of the city that ups two
2 5 And the ].ask two, tk~ grubbing permik and 2 ~ acres or under. And if you go out and scratch cut 2, 401
~8
1 st.ackpi.ling aryl e~sca~.tica~ pexztaik, the xire>'raents will 1 square fit, you're autanaticall~ in violation?
2 not b,e a. requ.~.r>ed element to get those pexmits. 2 M~. BA~[S: Right. 3 Thak concludes .my presentation, I'd be happy 3 {I]NMISSI(t It dust sus a little
4 . to answer azty questions that yoZt may have, We've got Ic~rny ~ ~ e~acessive.
5 yanks, as well, if there's arry pertaining to the MS4. 5 M~. BA~{,S: Rig~tt. I guess the way T would
5 CMISSICa[~2 ~OI+~S: Okay. ~ have twQ 6 address that is that if yr~u go wt and yolt disturb aver 00~
7 questions. And I'm not try~.ng ko slight you, but I 7 squaxe feet, you would be required to get a Cm-~, 9o I think 8 think they .care more far i~r. Banks. TY~c you
~rer~ mph. 8 that's what the desire was there; to, basically, limit that
9 MR. ~'I~-1:~ You're welt. 9 volume so that if tyre srolwt~ ar pY~ysi~ca~. space that uss
1 ~ MR. BAGS: .Yes, sir, ~ disturbed exceeded either of these criteria, you wvula~i't be
13 C~!+MrSSIC TfS: My question zs r 11 in va.olatica~; you would Mist simp~.y be required to get a
12 the current T{~]Q regu~.atic~ns that have handed from 1 ~ CMG.
13 federal to state and, of course, to us, there's still a 13 O~MISSICH~R Okay, 'I~arilc you for 14 one-acre exemption on this . Now, that + s specifically far
14 youx anr.
15 filing a ~WPPP plan. ~ the 35,18. -Y looks like it's I.5 N1R. BA~CS: XBS, air.
1 & beers strick~ out now it's just .2, paragraph B, ~ C~+MI5SI TI~+'lA: And my ot,~r questi~
2.7 ❑riginally, w~xa it was v~ltten, uC7C~Er the exemption section, 17 is in ~ectiora 5B, establ.ish~g gror~doover, 1$.5r paragraph
~.8 it refers to that one acne or less, under cme awa~x~ship. And 18 B.
1~9 that's been stricken out, and there's a considerably more 9 BA~K.S: Yes. 2 D stxixigent r~quiren►en~ that's been, put in. And I was curious ~ ~ C3~+MISS~C&~
TES: ~lcay. And T rlize
~ as to the reason' for tYrat now, if you excavate 2, OOp square 21 the state regulations ~rarrr And it ha.s been a while since
2 2 feet, Iasically, regat~l].ess of the si9e of the tract. 2 2 I've had to get a storm water prevention plan. But ors areas
~ 3 i++~. I~ghk, And dust a•A ma}~ sure, 2 3 that U,~re rJIDt being dl.reotly affected 4Vl.tt1 the delc~xmerrt,
2 4 y're talkir~ about ~5. }.8, and' wt~t is now 2b. And you're ~ 4 they use to give y+au SJ.3[ rtxurths, and vue've cut th1S dim tO ~ 5 referring to the b~.ue text that
represents the new code? 2 5 30 days.
PLAIINC SID ZOI~T ~~,~R EZ ~P'~~MB~R 1 ~ , . ~ 0 4 $
29 31
1~. ~S: This is straight out of the Tb answer y CIL1P5tiC~lr ],S it routil~ly
~ StatB'~ S storm .water requi renllent . 2 owed right now, the answer tD that d be no . What w~:
3 C~SSI( ,,5: okay. So it has been a 3 da right row is we attempt to work with, the operators. ~1e ~ ~ • T~1at's just rely r1Qt practzc~. ~ Texas . But r as 4
try to deSCrl~ tD them V~]at the il►l]licatx.arts are from the
. . 5 ~ ~ 5 state standpoint and what we're having to deal with. as a
~ say ~ mcmici~aality, B1~t the fact of the ratter is the equation has
7 F1ell, araci ] in mind that there 7 changed because now we, as a mmicipality, have a state storm
S are in tk>e State of Texas on a broad scaler there are 8 water pent ourselves. And so the ante has l upped a 9 certainly el~r~ptiarls that e~dat as we move further
west. Arid 9 little bit. i
1 ~ they are a re~~stiom of the fact that the rainfall in those ~ Arad that is why we felt at staff level, both
11 areas ~.s Tess during certain times of the year, and you can 11 foz the acmpliance staro~.nt to ~ in oor~al~.ance with the
1 a get an exe~tio~a that ~ ley: We' one east of that line. ~ state as rill as to zov~ide soma . p protectioa~ for us as
. 1 ~ IISSI ~We are east of that ~ the (qty of ~entcn, vie r to ack~ a r~eaies secti~ to .
14 line . And. it's sometimes rant necessarily ~ you are east ~ 4 this particular chapter. 15 Of the line, but what 1Zl~th of the year yt~iz're a.ra. ~.5 lit. rte:
In addition to the specific
16 N~: RANKS: I carmot disagree with you. All 1 b r~nedies that axe specific to 'this secticul here in the
~.7 I can tell you is that's where the State drew the line. 17 35.18.6r it's part of the overall scl~emY of the aode, which
18 ~ CtIISST T1S: So vet yotl' x>e say~ag 18 has an e~nforcnt and lties section in A 5labchapter
19 is to he in compliance, wilick~ is t,t these rewrites are 19 which is the ordi.;t~ary code en,forc,t type of snforcemellt or 2 0 really aJ.l about, we have rao cho~,c'e
in this matter 2 $ remedies sectiarl. If ~y~ } a pern~it► the permit can be
. ~ 1 u~atsoever? 2 revoked.. You kr~w,
You have a peri.ad of time to try to cue 2'2 P+~. BAI~CS:. That is correct . Tb cliartt 2 2 azry situation that would cause the revocati~ of the ' t .
2 3 with the State requirnt, that is correct . 2 3 ~ .tic~lall there is the possibility of
. ~ 2 4 OSSICR T,S ; ~hanlc you. 2 4 enforcement in` the m~uuci 1 curt in . ~ position of a tine.
2 5 You're we3c~te. 2 5 Civil penalties, it could be i mposed. Tk~der the Texas T,ocal
30 32
1 CNIISSIC Tfifi: 'That's not the al7swer I 1 [~avernmPnt Code, v~ Mould a3.so pursue enforcepent of a civil 2 wanted, but ~ remedy in tl'ie district court of
a violation. And we have
~ ~ rik2: BA~TCS: Ts there arty other questions? 3 that ~ occas~,~. It s a rather 1
e~thy gxocess in ~ +1I552CR I fiad asked the ~ ~ to do that. Pogsibl
y ~e extxaorci~x~azy xelief. And 5 questicm why we ],coked at. ~thi.s just, briefly ui tree wor3t 5 there, of cax~.~se, if there's arpythir~ that's tinder Ghe
ar~y
. & sessioara about .the enforesst~rat of that . Arad is that sarithing ~ ries are pirnrided by federal ~.aw, we oau7.d also look ink "1 that is strictly enforcedr Arad what
is the penalty if you '7 those, as well.
8 haverltt reactaed vegetations of 75 percent ~ 30 days? 8 C++IISSIp,2 WATlCIAIS: Dr. Lyle.
~ . Right. Riot now it's in the 9 C1SSICH~R LYKE: Tv answl~r ~a .'s
Y gtiesti~, ~ ~ , $a technically 1t ~s enforceable, blot ~t 1S not 8a51~,y Q Wj you're ta]k7.r~ about esta37i~shir~g C1TlGrpr. In that
. 11 a~forceable because there is not a remedies sectztun for 11 period that Jerry just talking. about, it gives
~ 12 meter 7.8. The additiorn of the remedies section in 1$ l2 somewhat of an ex~nptioa~. Ft says a cure period mfr be . 13 gives us a litt~.e bit more well -defined
ennforcement 13 extended for inClat weather or other factors at the
14 capabi~.ities with ~s to these ~ of issues, l4 diacretiorl. So
r r Texas weather 1S mercurial, bEit zt Z5 Technicazly ~?~r ~ ~ ~ ~.5 gives you, at least, some xe~urse. If
your vegetation is 15 if it's a vio~ticu~ of the code standard. And, Syr p~.ease 15 rot tal~rag off, you don't have your 7~ p~
17 OO~Tect 111$ if I' m iltisStatlix~ that . The ldea lIa aC~diIn~ ~ j a . ~ dmlaght year,. T'd say that's fair. 18 remedies was to provide a little
hit mere teeth and a little 18 C~NI2SSTR TF,S: That's all zn the
19 bit bore clear-cut r~aogtution of the enforct of this ~.9 interpretation saleta.mes w~'aen this is strictly read. But
2 ~ parti.cular meter since this subchapter is a little bit 2 0 it s aka ,because if the ~-~y~s doesra t
r ~ ~ grow ].i~ ~ r 21 different than others . far ostler subchapters .deal mainly 2 we ~ ve got 48 tears to cure it .
2 2 with ~.ocal code . This deals with 1oca1 Dods, as well r but it 2 2 ~SSI L It says more than. ~8
2 3 also is a recognitiar~ of the enforcement role that we're ~ 3 tars . 24 taking, .basical~.y, in reoognitic~a.of tk~e state taws. ~o it 29 Crl5Sr W~TTCIIxIg:
Any other questiarys or
2 5 is a little bit different. 2 5 Clay. ~ very `
PT~~iN,~IfiII~G. ~~TD Z~~~NC FIO~T.
..r..v.
33 35 1 MR, Ham: Thank youF are beir~ caxried. aver ~.nto those criteria m~uals that we
2 (I~+MISSI 4~TF~INS: And since this is a 2 need to take a look at.
~ p11b11.C h~arlYlg, ~ helve ors o from Ir3rry Reich~73tt CY~at ~ Regard]ng the A~llcations any permits i 4 wishes to speak this item. ~ 4
issued t~der this meter shall expire one year after the
5 1~. REICART: Thaulc your Co~rnissicners. 5 date of this issue, and you get ore six-month e~t~asi~i.
& I~rxy Reichhatt, 1608. Est Wisox, Dent, Texas . I get to 6 Haw does that work for m~.tiphase projects? Just mare of a
7' use my ~ address this time. 7 rluesti.cn. And, you knotiur why are v~ so dew set of s
8 ~ I do have a few com~ents. l'm not trppased to 8 ~ project? You ]o7ow, if yea get a pexmit, v~e've got to
9 the rev~.s#.cu~s . l ° m Hat in favor of the reuisi~s. It ~ s just 9 shut you dawn in a year if yw havens t started, With this 10 we da ~ to make the revisions. Arrl
I know 5'taff has been 10 eogno~ny and everytl z'm jvst vaC~ering if ore year is
wor~cirxg on thin since I was at tk~e qty, so I know they've ~.1 apprr~ariate .
12 been worki~ orz ~.hese far a nLUnber of years. But I da have a 12 Regarding the chafes that were discussed
13 rn~mber of questions or oa~]Cerns. l3 rdi~ the approval and per~ni.t required, the way it is
14 Qne, where I just learned tonight the l.4 riot now is if you have an apprav~d preli.m7xy plat and
15 definition of imparted ~f ill is just to be st~aclcpiled.. Ida l 5 yoaar final plat is schedu~.ed or can be sche~.ed for F&Z, you i ~ }.5. know ciurir~ a~stru~ction
activities, people }ring fill in to 16 can a
. get grading p~rnit. So what is being Proposed as a 17 be used. So l di~~t ]mow that was specifically for the 17 ch~arige is going to add mire time on to
the ability to be able
18 sto~lcpilir~ permit oz~.y that tk~at defin~tiori w~ going tc: be. 18 to get a grad3,ng permit. That's the way it's going to I
19 used, but imported fill is brrntght to sites to be used. 50 19 .mean, you cle+ar~;y need. to realize we have extended that tzr~
2 a that just raised a red flag to ~me . 2 ~ out a little bit .
2 ~ U~ier purpose section, It~t Br regardi.I]g ~ 1 You know, I understar~i oxossing every nT, 2 2 re~ndant . It says prevent damage to aTl L~mecessary retraval
2 2 dotting every "I . " But at same times, you knew, when Staf f
. 2 3 of vegetation. As this i~ l.ar~d-disturbix~ activities, I'm 2 3 has said you have met all the criter~.a, Plats are you have to
. 2 4 just wonderir~ w~]o decides what' necessary ax~i Necessary 2 4 approve theYn if their mgt the criteria, there's r~ guesric
2 S vegetati~]s? As .a landscape architect, if I decide ar desixe 2 5 thr know. Arr~ getting someone Lr oanstrusction a
34 36
1 to remove vegetatr because Zt ~'t f~.t with t31~ theme 1 week early, sometimes tGu~ weeks early, they're going to have
2 but it's not in an area that's bei~ grad~3,, is that 2 to wait for a preoor~truction m°etir~g, might be a big deal to 3 necessary or wmecessary~ V~'1o declc]es? AT~3
I'tTl 7 curious 3 sate folks . ►~ad Y' d like you tot dt least , kr~aw that .
4 as to vhy unnecessary rural cf vegetation is in the 4 Uc'rier sta~~~r general regulations, No. 3,
5 land-disturbing activities section. I knew it has sor►~thir~ 5 expose the srm~.lest Practical area of fail to erosz~ for the
6 to da with ~erosi~. Z kn that the rants are there amd all G least passible time. ~jain, who detex~.nes fit? I ]maw
7 that . Bud. I do q~estior~ tit"~ under the. pu~ose . for 7 there's a grading plan. ~ ~ayzor Ranch is a gz~at exa¢~ple. 8 land- disturbing activities. 8 Did
they need to do that? Probably. ~'ar clot and ~i11, they
9 L~der Its C Linder ~zxpase, the last few 9 prc~ably di:d. Score folks could say you really dic~'t ni to
10 words say the loss of aesthetic value." I don't think 10 do that. But, quite honestly, pz~ably did, Hut who decides
~.1 I've taJ.ked for three mir~tes. Hut the loss of aesthetic 11 that? That's just a little iguous to rre.
12 value tinder land-disturbing activity? I really need to ~.2 Surber 7 Lur the same criteria, it says the
I3 question that Linder a pLUpose section for land-di.stLLt'hing 13 site o~uner ox~ operator` is responsible far routine inspection 1 ~ activity. 14 of erosion
and sedimentation o~trols at~ the site as
15 options, projects within approved bui~.cling 15 specified i.n the ST+~PP, I just think if it's required in
15 permit. is that projects within ~praved bui~.ding permit at ~.6 anther regulation, ?^~Y say it again? If it's required that
17 the time thzs is apprc~eci or ever? That one I jt didn't 17 they routinely 1?1 r_:F_ thane; do w~ need to say you should
18 uax~erstarxi, And and they get a Permrt, they're elO~iC~]t fx~m 18 drive 5S Gillian an hoar when y~z're on I-3S? I ~reari, how many 19 the gam? That one didn x t
seem to Hake sense, at least to 19 times do we have to say that regulation or any regulation
2 D rl~, 2 0 ~l in our regulations?
2 Applicatzons. Fir applications, the 21 And then regardi~ last one
22 APplzcation Criteria N~tnbal and, later art, under' Standards. 22 establishi~ fir, I see xt as a little differently.
2 3 The bite Design C~`iteria Nk'~nual, that r s where the meat of all 2 3 I read that just a little diffexently than saw folks,
2 ~ this is. And I'r~ just w~mdering if there's any changes 2 4 ~'emporary ~rf vegetatz~, shall be established on . 2 5 associated with v~lat' s being propos~d
~ this ardixlanoe that 2 5 all graded or disturbed. areas not intended to be developed
PL,~1]'I~ ~ ~~NI~ ~EGU"LAR EI~N EPTE~BE ~~D8
1
39 i w~.thin 30 days. if you're not goixu~ to develop the area necessary for ~.t to be e~pased for that l.o~. It's not ~ you
2 within 30 days., yrnt have to establ:a~h 9~r. Does that ~ S~a+r; an ~ idea], situatio~t for that. It dies prese~rt sere
3 rr~an it has to be established in 30 days? 3 cxaaller~es.
~ +MISSIC~2 THQI+~1S: Is that ~n a steam 4 But, on othex hand, do you. put a 5 form? 5 determinant standard ~.it and then fade the critiCa.sm that
5 Ndt. REIN: xYiat's ire a question form. I ~ y~l've set sYa;r~ that's arbitrary? You know, I think by
7 cad argue that, oh, okay, that area is not going to be 7 having a flexible starrdasd, the ixltentian is to have
8 developer iri 3~ ~Ys. I'll establish grour~lcaver on lt. I 8 something where the assessment of whether or not there's bey
9 th~.rilc it just needs to be clear. f think the intent is to 9 a v;~olation is flexibly determined in acc~~ance with the 14 establish govex within 30 days arl areas
we're ~t x 0 cir~m~stances and both sides can present . .
lI. d~relaping, but I thiz3k it could also be read that if the 11 If it's a situation where you're talking
12 area, isn't gong to be developed ~ 30 ~r establish some lz about injunctive relief or civil ~,forc~nent, will, rna~e
13 groundoover it, But ►'i? And zf we don't have a 13 that .right be a different cr~tu't that interprets that. If
14 definition for te~rpor-aYy graver, we might need ore. It you're t~lkrrg about a situation vahere the buildirx~ official
15 says vegetation, lout, yrx~ know, it migt~ be .pful to have 15 is oenplating w~iether or not to revoke a permit or suspend 16 case, ~ 16 a permit, Cher]
that r 5 goa.ng t0 be his determination, at
. 17 that's It . You knc+cv, for' the IEnSt park, 17 least r for 'that period of time . But that' 5 l7Qt to say that
18 the regulati.c~s address tit naed,s to be addressed, but there 18 it' s a f final determination or .that there! s r~ review or
1 ~ are just a few of those issues that I wanted to raise. 19 disagrrent there or basis for people to disa:gr with that
2 ~ C~MISSICB~R Iaxxy. 2 ~ . ar to take some kind of actin to try to get their permits ~ 1 P+~t. k~TCf~RT: yes, sir.. 2 back,
~ 2 C~NMIS~SIC ~,5: ~h,e other r,~y to look 2 IIBBI Havi~ said that,
2 3 is when yr~t go back to the area that you brought up in 2 3 t~ald it be wise for trs to a~ sometrring in, add a phrase in
24 standards, paragraph 2,xpose the smallest practical area of 24 there, saying ak the discretion of the governing authority Dr
2 5 soil to so if you're not going to dd zt, why did you ~ 5 something like that? I mean, that r s a I think it's a good
3$ 4D
i. expose it to start with? So, yeah, theme's ambiguities. 1 question. It's a good point.
. ~ MR. l~S~~: re are. I m6di1! rust 2 N~. Well, agate, I think It depends 3 good deve~.opers~ itrs net a grd~l.ern. It's that or kwo 3 the
comtext here. I think that if you're dealing with,
guys that are oast sere screwir~ it up for the rest of the 4 you 3~ow, a situation ~ you've gat the bUildi~ offa.cial
5 folks, though. At~d those are the guys we have to regulate. 5 that's looking to sxi or reSroke a permit, it's impl~,cit
6 ~S~SIC9 F~l~Zti?rr~r; Sa your question is ~ that that's t~ coartext in ~i.ch you apply it. Tf you're
~ fit' 7 looking at somethir~ tk~t's, you law, a ta.cket that's issued. S 1~. REICkT: i+~io determines what is the S for enforcerr~nt i~ mluaicipa~, ~azrt, there
the municipal judge,
~ least amt you ~ because cio I need to supply cut and 9 if itFs a ncnjury trial, or the jury, if it is a jury trial,
~.0 fz1l calculations: It says I need that cut to file aver i D is going to be dekermu~xrg whether or not it's been shown
i here • you kr>o~v, x need my ~ase III area that 1' m rant 11 that - - it r s been d~ronstrated at trial that it vas longer
1 ~ .developing nr~v. I need the soil fx~am over them for phase I . ~ t~,an necessary or a bigger area than necessary.
~.~3 I~ere's all my calculaticros. Ike I have to gQ through a1~. that 13 So, lr I mean, in oxx to have 14 3n order to prove it up? You know, I'm just vu~7Cler-ing
has 24 flpility, you have to give Up sa[[~ determinant skandard.
Z 5 that been thcn.~ht out all the uQry oral who dccides~ arad all 15 But if you set a deternunaz7t star~3ard, them you're givi,z~ up
1~ that stuff? 16 fJ.exibility. Sa it's a matter of ~e the tradeoff needs to
17 T'!IS'SICt Do we have an answer 17 be, If the desire is ko have the fl~tibility, you have to
. 18 far that? i $ give t~ a little bit the determinant sta~3arcl. ].9 Nit. DICE: I think it depends on w~ the 19 CISSIC~iEEt 'I'o follow
up ~ that . 2 D enforcex authority a,s. I think if you're dealir~ w~.th a 2 ~ Are you saying in the standards that are given here that what
~l citation at rn~ciPal cart, you'd probably be dealing with 21 you're wankir~ to do is to have rare critera_a that mzst lee
. 2 ~ co~rincax~ the spurt that i.t was necessary to expose that ~ ~ presented in a plan for clearing and grading in ordex to get
~ 3 muh ].ar>d ar~i that it was necessary to be for that leg; 2 3 a permit? 'Ib~t the plan will have to show that you' x~e going
2 4 whexeas, the persecution would be trying to sha~v that it 2 9 to disturb the least amount of soil? T~aat tl~ plan is goirx~ 2 5 w~1't necessary to expose that
m~uh land and ~t wASn't 2 5 to ~ that r
you x~e not going to contribute tv f].oodirxg ar
~~~D
41
Landslides? Ls here a plan for the clearing and grading 1 makes that d~azration betwe~ the try criteria that we're
~ that is required for the permit? 2 going to have to see at a staff level and these more 3 1++~. Yes. , 1I1 fact, you're right. 3 qualrtatave Or pzocedural
this that a ~nC1U~d ur hexe.
4 It's ta~.kir~ about the runs of the perma.ts, for 4 I than 4' all need to be there, but I
5 isauazuce of the permits. Arjd A does specify general 5 zmdexstdnd your point. A that's. of the reasons we're
. 6 regulations that yob would ~ with. here . You might have ~ 5 de~:~.oping float o~ck~.ist , we weed to be as i~r~mbiguous as
7 acme more specific ways that yea rtdght want to ta~L2 7 passible. And, therefore, once sr~one dries in and actually .
8 enfae~ment actiom than these. 8 epp~ies for one of these, they`re 9c~ to be handed a 9 A caulole of the other points that were 9 checklist that urill say you need
these el~r~ts in this
0 brut up, tY~ Purpose Secti, 35. x.8.1, that's the way that I 0 application.
17. this aac3e ~.s writt~. That far Trost of these subchapters, 11 Idaw, another thirYg that I . wrcua.tl like to paint
. 12 they all start out wrth a purpose section that states ~ very ~.2 cut cIIl the standards, that the defln~,tz~ or the r'egU~.reitient
L 3 bn~d terms what the purpose of the mar' is . reason 13 to be - - for cpexatior~s shall be cor~ucted sa as to expose 14 for that is that if there's ar~y kind of an'biguity
in the 14 smallest practical area of soil., that's been in there
.1 S .1arguage., of the mathods of interpreting which. ambiguous ~.5 sinrre the beginnixig ire the ~v~e~.
. opm~t Cade, If you notice ].6 result is the correct one is v~a.ch one achieves the purpose 16 the chatxge them, vie simply oha~ed the v~ord "gradi.~
17 that is sought ~ta be remedied. It's not' that you srould write 17 operatiar~s" to ~'crperations" simply to recognize t~1at we now
1 ~ a citatic~ against sa~body for loss of aestY~etic value. 18 have mare than, just ~ operations dealt with in this
1 ~ 'T'hat would be ludicrous. You w~alc~'t write a citaticm 19 subchapter. ~o that has been. there since the I~evelop~~ent 2 ~ against 5an?body £or unr~essaxy ~rerrgval
of vegetatica~. 2 D Code was created. ~0 1 just vested to paint that out . That
21 That's not a. starx~xd. That's not anythirx~ that you would 21 isn't a n~rr p~posal ; That's som°thing that's been there al.l
. 2 2 wzi.te a oitation for. 2 ~ along:
2 ~ But i.f you. wrote a ~ citatic~ aid scx~~ody 2 3 ~ ~+NIrSSIC~ER 9~: Well, thank you. I
2 4 would .raise .some .anti' ' t.. ~ ~ ~ . - ~.u. Y you interpret tkt~s . 2 4 dust ~thlr~k that eve whLm re talk~:ng. about the standards
. 2 5 section know, far` exanp~e, w►a iuere talk7xxg about the 2 5 and p~ti~ the into the code, they should be in such a way
42 44 ~1 graurxover issue, you'd go back to the purposes ark see what 1 that yr~u carp see that those are the exact apes that are gairxg
~ the purposes are that you're seeking to prarote in helping 2 to be extracted into some checklist or other marnaal so ix~baciy
3 to determine w~iich interp~taticm is the correct one. 3 has to wander how dial you, develop the checklist. well, it
0."~IISSIC~R I wanted to follow up 4 was actually in the code, and you didn't have to d~eca.pher the
S beforeTerry went 'to the purpose on you have ih the 5 to develop the check~.ist. . 6 staxidaz~s fliers are so marry things in the sta~a~3s. Are 6 P~.
BAAIK~: may.
7 these certain ttxis~gs that app7.y to dust gett~.ng the permit 7 C+fISSICt 6~TIC~Vf5; ~ Stnr't? 'this ~.S a publYc
$ and thexl are other things in the standards that are sort of 8 haa~x~g, other than harry, I just had one card to speak.
9 genera]. guidelir~s, ar after the permit hs,s bee,Yt issued, you ~ Does else wish to for or a ~ against this item. ~'or
1 Q need to be x~esponszble far this and this and this? I min, 1 ~ ar amt this ite~t? All rigYit , Th~it takes care of that . ~ it ].~a]{8 to C[i° there' S so
much in that Sectl~., that ~ Anyone discussion?
2 these shwld be some division of it sa that you are clear as 12 OSSI[~R TFS: Tt' S not a discussie~.
13 to what applies to a plan to get the permit ar~d then what is 1~ It's mere of a carrr~nt. The regulatzons t~xrc>ugh the state
14 operative once ynu have received the permit . 4 and I haven ~ t seen them recently, because, again, it r s been a
15 k~..I~: ski-huh. I think yr~'re in a 15 while since I pu3.ied o¢~e -T puJ.led , Ong a R
15 better position to address it than I, fly. ~ 16 Storm Water .~otectioar plan but I dic~'t really find them 17 Int. SAS: a caup~.e of things real ~ 17
that ambiguous. It. seemed for a state dacult fairly
18 briefly. If you native at the beginning of that, it says the 18 clear-cut.
1 ~ criteria for approair~g t~ clearitx~ arr3 gradirx~ permit a're ~19 We have a few things here that are aFnbigs,
~ Q o~ta?ned in the criteria manual. And, basically, what is 2 0 a a~.iguous to people v~o are the itstry, sore things
~ 1 gairig to occur as a cnpament of this is that these elerr~xtts 21 that are over and above what the state requires, and I dust 2 2 wild. be taken out in a checklist foam.
lie, basically, have a 2 ~ t~ve a little bit of a problem that we+ re going over and
~3 checklist already, and that ck~ecklist will ~becos~ a part of 23 above what our state requiregr►ents are. We have to oompl.y.
~ 4 the universal building permit app3.i.cati~ so that ~ 2 4 There is ro I mean, the penalties are too k~icdh to not
2 5 w221 understar~ ►~iat they have to physically that kind of 2 5 comply. lout EPA says this is what you need and the
PL~NI~TINC ~N'D ~~~I~ ~E~[T~AR EI~~ E~TEN~BE 1~, ~ODB
Yfi^;; . ,
47 ~ state, baslca~,xy, is r~~„ red t0 r~L~Yld~~~ that aTrd, then tlL~!]S 1 to b~ developed with~.n 34 days?
2 arsxtrrd acrd gives pretty ~ the saw r~ulations right dorm. Z f~. BA~II(S: we could da that . It's my
3 to tas, I donrt understand why we're gong ovex and above. ~ rllectiari that this is the exact lame from the state. ~ It suns llke a.t could be (ietr~.lzle~]tal for goad,
~olld 4 So I'rn not I'm not I agree with su[,~eSt1a~, arrd we
~ well-tYrought-out gro~uGll for the tc~+m. And as Nor. ~ichhart 5 can certainly do .that, But I'm tellir3g you, that's Mere
~ pointed out, ~ ~ w~rrt soiid ~h~ bit we 6 that ambiguity exists,
7 Cicm't want ~to put' any ]~trdles in the way either. 9a that r s 7 L~M4fISSI FiIlV~: Where dre wee penalized for
$ mY ant • 8 bee out of oc~~.iance? I know tk~re's a certain time
9 Ct~QSS2 criteria piece 9 fra~rr?. But, for example., say,. we could not oo~ to a 1'0 that yoga were talking abo~zt that is rror`e stringent, does that ~
cancl~asion. tardght, ~vhen would we be in the malty phase?
x have ~ to do w.~th the 2, OQ~ sr~aare feet versos the cme acre? T NIl~. ~ : You ~ if w~ c~ri't get this
l 2 ~SSIC~IIZ S: Yes . And I was l 2 ac~Opted?
~ 3 errot.~s in the fact that the establishing grait~r, I 13 CC~IIS~SZG Yes .
I4 did not realize that that had P~rd that was l4 Nit. BANKS: okay, We, bas~.cally, have this l5 originally meant as a question, If it wasn't received tYrat 15
writter'r in tv get this aoconplished i.n the first year of Door
16 way, excuse me, ~lsay. l6 permit. So c~s~.dering there is. a there was a oc~nplianoe
17 fISSI And i believe that the 17 period that ~ started the c~.ock ticking aba~rt February that r s
. 18 answ~x was for the. 2,000, ire did that acme fr~n in terms l8 uiieri we actually sent our permit ~xrto the. state, .]it's still
19 of . putt irag it a.nto. the .code? l 9 -under r~riew, I . tYrirak we have some time . It i s = - tY~x~e' s
~ 0 I++b~. B~,I~IRS: Aga~;xr, I'm a Iittls bit out of my 2 0 sari ambiguity abo~zt the since this is the fXr year and 2l . element, I'm just representing my 1C~ECS~Ilection
of ghat ~ 21 there was surd a delay with tY~ implementation of this and
2~ happened several Years age. ~2 the irrglem~ta'ta.~ wens off of the original, N~xch 13 time
2 3 This came art of p1~. And the kept 2 3 frame that w~ put forward at a natxanal level, that's why
2 4 was that they did not want to see a largex artr~.urt of 2 4 I' m hedgir~ it a little b%t, because there are
2 5 clistux~baryce than what they had 7n ~ wither app~yirg fora 2 5 ~CSSIC~ K~dG: It's rrot Nbmday or
48
1 clear~rig and graduag~ permit. ~ l 2 So, yes, it is more stringe~.~t trlari the state. 2 1+~. ~5: Yeah.. ~orxt. Year. There's
3 And. I guess the d~riarcation that l wr~l.d Fake is that it 3 sores. I dari't knour if I could pin dowm the exact time
4 doesFr't prohibit the activity air any'~aY, shape, or form. It 4 because we're deal. with a lot of diffexences fin where
5 singly says you. ~ to get a permit if you, exceed. these size S 7.t's implemented in other states and a new situation for
6 or volume criteria. ~ 7 1++~. While you' up there, on, this 7 Q~1ISS2(R I{IN~: Dkay. Cheat. Thank you.
8 issue while establishi~rg g~undaaver, if you rimer t3~e 8 CC~IIP~: So, a.n otY,er words, if we
9 specifics of t~ state statute, sarr~ody menti~.ed the 9 braxx~ it back next 1 rndeting, two weeks from new, it
l0 ambi.guity here, grid I can see that.. Is what's irrter~ed that l0 wouldn't hurt or wmildn't be the penalty phase v~uldri't
l l you have to establish vegetation within '30 days can areas not l 1 have kicked in, so to speak? 1 ~ ixrten~d to be developed or does it mean that yr~t have to l2 1~.
I would think we would be pretty
13 establish vtati~r on all areas if you d~'t intend to 13 safe yes.
14 develop those areas wdthin 30 days? 14 CI7ISSY{~R G~'I~iT~: Gontni.ssioner.
15 Imo. P~,S: It is not a requirer~rrt that you 15 CISSZ{R FAG~EII~N: 'prank yam, i~r'.
16 have to trice grass grow in a particular period of time. It Z ~ Q~airr Well, not to beat a dead horse, but I w~tld 7 is a requri.rent to address the fact that
you have exposed 17 actually like to get some clarification on ~xm~issicmer
18 soils over a p>lescribed period of tirtr?. So ~.t is rant sayi~ ~.8 'l'1'r~as' point, and that is the 2,000 square feet, I mean,
19 that you mist ~ grass gmw Zn 30 days. It's sayer if you l9 because, t~ rr~, we have an opp4rttrnity. T mean, that is not
2 0 ham exf~osed soils and the intention is not to develop that 2 0 marted by the state .
2l, area that 1S exposed w~thtT). a 30-day per~odr you 2]e6d to Cwt ~ 1 l++k~. BANKS: Tr3at 15 c~arrect.
2 2 out th~xe and cio some x~evegetatiorr. 2 2 Cl'CSSIC~ ~ETDN: Arad ~ on how 2 3 lam. Okay. So going back to that, we ~ 3 the canmi.ttee was wghted at the
titre, lr, things can
~ 4 oo~ld clarify that consistent with the state law if after the 2 4 charx~e. So T wild like for us tD get olarifi.cati~r on that
2 5 ward 'rarea,s,'r if we put, n~+ if , " and thexl riot intended 2 ~ and. I world like for' us to be oott~ortable with. that before s~
P~;A~IiT~~ ~~~IN~ I~~~7L~~. ~ES ~ ~~T . S~~~P'~EM~E~ . ~ ~ , ~
i
49 51
1 move fad with that . 1 fr~.erxily wit .
2 BANDS: Okay. 2 Nit, Imo; allay. 3 CS~+lISSI ~So Ca11 t,,~ maybe 3 Q~+MISIC~R ICING: Sec~oaad,
4 dlSC~ss that
4 ~IC~ WATf~►TS: ~ have a seaordd by-Mr, 5 PNR. T,et m° suggest this 5 Kim. Please vote ~ tho board. 7 to 0. Very gam. dives
6 strategically. Insofar as we've already dried the public 6 every~ue a chance t❑ look aver the thing.
7 heaxirx~ and. have nit closed it at this time, w~ c~.ld emceed ?
$ 1~ sam?~7pl~y w~nte~. t~ brim ~DZW~d a CCIOtl~}. to postparae tYLiS ~ 9 tD r1P3Ct me~t1TlC~ at th1$ t get ~ gQpp~ a~ ~ vt~te 9
10 4~ appra~ra~. ~1 t . 6~d2 v~uld t]Dt have: to rtice the 1 D
II public hearzirrg. We cxwld reaper it at that tires arld continue 11
l ~ o~ wit~i it and possibly reach a votte of recam~tticn on it . 1
~ ~ ~ ~ll~'S$ ~ aC3dltlort. ~ t SCrtt Qf ~ ~
14 strategic d~ca.sic~, I. guess the ore this that cxmes to 14 ~ ~ mind, attyy, is we Can sort of 1111IkC~te the diea6 wd~xe ~ ~
6 we to go back anal do a little mire work and let US knave 1 ~ i
17 v~eth?x' or rat you w.d like anotY~x' work sesszca~. as wall as 1, 7
18 cr~tirruat~.on of the publ~.c hearing. 18
19 LIISSIC~ER T+~,7'tCIIdS : T would vexy m~Yi 1~,ke 19 2 ~ to see that hap. It v~uld sew that we have a wade 2 0
. 21 interest here . everybody has been very serious about it . 21
2 ~ T1~xe r s been no frivolous part . Z wt~d li}te for the 2 ~ . .
~ 3 Qam~ssicm to erztaain tY~t and see if you wou~.d go alb 2 3
2 4 with. ~ 2 4 ~ 5 C~NiISSIC~+IDZ ~Yl~: I wxxz].d like to m a z,
~ sa . m~ticm to c~tir~e flue public hearing. And I just wanted. to 1
say that this is the first time I have heard going al~ave and ~
3 beyond the ca31 of Y to be a bad thing. ~Tsual~.y this is .a 3
4 . good thin • But if we . cold oemtinne it two ~ f ram 4
5 today, cite certain. ~ 6 1:EST{~kR S(I(E: ~,re yqu askirx~ €or a~ ~
7 work sessiam prior to the ~rn~ of the public hearing? 7
8 C~MISS22 L32~: Let's do that. g
9 ~MISSZG I do believe that S
1 ~ would be i.n order , 1 ~
11 Cf~MlSSIR ~,i'KE : Yes . 1 i 2 C~MISSlCB~R S~IAA~: whether ox not the l ~
13 work sessi~ would allow ~ - would bz3.r~ ~ ~Y ~ 13
14 questions sa that havirx~ the public hearing t~ date certain 14 .
15 just two wee]cs fray y might } really short. T rrd ~ Z5
15 prefer that we have a wgrk session and the cr~tinue this 15 3.7 pub7.ic hying meeting hez~e from the wain sessicm. 17
18 ~+MISST KIP3C : That was a matiar~, right? 18
19 C~MI S52C ~ : I so rnave . 19
2 0 N~. Pexhaps, it wee an aitler7,t , We 2 0
21 do have a m~tian that's pe~lirx~. And sv if that's accepted 21
2 2 as a friendly amendment, we carp ga on that basis. If riot ~ 2 ~ . 2 3 then it may .have to be stated as a separate m~ti~, whiCll we 2 3
~ 4 di.spase of the first motion. ~ q
2 5 ►1TSSIC~ER I,YfCE: That srnmdad like a 2 ~
P,~ANNING J] 2~'I~G REGULAR SEI~~ E~TEER 10 , ~ Q~0 8
o~dens~Yt!
i o Page ~ o~
1 C~MMII~NER ''A'1~TNS: Are you ready? 1 pern~it. In the current Development Code there is a
~ Let's move to Public Hearing S.B. That 2 requirement for clearing and grading permit. And it
. ~ wauid be an~encents to Subchapter 18, Land Disturbing ~ 3 states that all you .need is an approved plat by the oxc,
4 Activities. DCAU6-O~Ze. Ron 4 Development Review Comu7ittee. wut staff is recommending ~ MR.IVIENGVI'FA: ~o0d evening, Il~r. Chairman 5 is that we have
the Punning and honing approve the final
6 and members of the Comrnissian. 6 plat prior to issuance of clearing and grading permit.
7 Again, as stated, this is the Code ? In addition, we subdivided or created
8 a~nendrr~ents of Subchapter 18, Land Disturbing Activities. 8 subcategories of the clearing and grading permit to theme,
~ we have sin this a r~urnber of tunes. Actually, on 9 which is clearing and grading, a gabbing permit, and a
l4 September 10th we were at a public hearing to discuss this 1 ~ stockpiling and excavation permit.
11 amendment. 1I FOr clarlficatlon V~e~re also going t0 be
12 ~ At that public hearing there were same 1~ adding approximately eve definitions. And those are
1 ~ public comments from members of the -public, So we the 1 ~ ~ clearing, grading, grubbing, imported fill, excavation, .
14 Commission, that isx decided to bring it back to ~ work 14 and stockpiling. These will again be for clarification
1 ~ session. we did take it back to a work session the last 1 with the new proposed amendments to subchapter l s.
t 6 two work sessions and discussed it further. 1 ~ As stated earlier, there` s two parts to
l7 There were additionai comments provided by l7 this subchapter Amendment. The first paz~ is to clarify
1 S outside engineering that .represents the private sector. 1 ~ and to provide a more streamlined process for a clearing
19 we were. given those comments. Staff had reviewed them and 1 and grading permit. o what staff lass done is what
20 had incorporated those comments where we saw fit. ~0 staff bas done is provided text amendments to the purpose
21 Included in the. backup are the amendments ~ 1 section, again, to recognize other aspects, such as
22 that reflect those comments. Again, we've seen this a ~2 ecological components of the ~s~, and also to provide
2 number of tunes. I've just going to read some of the Z~ terminologies regarding concexns with the esthetic value
~4 these purposes for the retard. 24 and the proposed project.
Z5 The purpose of this amendment is to ~5 Again, the purpose of the subchapter 18,
Page ~D6 Page X08
1 str~nline the process far clearing and grading permits. 1 more or less, is to be in complaint with the Mate and
2 And also to remove some redundancy to its Subchapter Ron Z Federal storm water regulations.
~ has found and other Subchapters and also address the starn~ ~ Subsection ~ refers to approval and
4 water requirement that is required by the Teas I' m 4 permiting ,requirements. And I think this is where we have
~ sorry the in regards to the permit, and also 5 a lot of discussions pertaining to the clearing and
~ to address any procedural changes in the review and G grading permit. And there may have been some confusion on
? permitting process, 7 how it is to be applied for. we worked hard on
~ As 1 stated earlier in previous S clarifying that with your help. Again, before any land
~ presentations, this has gone through a number of meetings ~ disturbing activity occurs, a final plat shall be approved
to and depa~tnent involvement; This process has beep ~n 10 by the Planni~ag and honing Commission.
11 place far aver four ar five years. we have taken it to a ~ 11 This is the first the three subcategories
12 Developer's luncheon and, again, received numerous 12 under the clearing and radizag permit. It requires, 13 comments from die various Talks. ~ 13 again, that
there's a positive reconaendation by our SRC
14 The second part of the Cody amendment is 14 and that there's been approval by the Planning and ~oni~ag
1 ~ adding state permit requirements. There's a history in I Camla~ission. Azad if there is a need for tree removal
t ~ your backup that describes the requirements that the City 1 ~ permit, then that is also required.
17 must comply, with State regulations, particular with the l7 The clearing and grading permit, as it
18 stanza water pollution prevention. 1 S states here, is required for both prior private and public
19 NIr. I~earry Banks, who is here, has provided 19 clearing and grading. It requires that public
additional standards that is more or less found in the irnpravements ar public right of ways that need to be
21 ~'~E~ requirezaaents, but has pravzded at an rrzare of an ~1 ~nCluded, that there is a pred~scussion conference with
~2 understandable method for u and for the development 2~ the engineering department. And there's a number of steps
~3 community t0 understand. ~3 that is required during that pre-con that
24 The first part of the Code Amendments ~4 pre-Canstr~ieti0n, such as three-way contracts and payment
Z5 pertain to the permitting process of clearing and grading Z5 of engineering fees, and so forth.
PL~.ITIN & ZN1N~ Cr~.AR SS~O~ 10-~~-OS Page 1 ~ -Page ~ ~S
1
o~d~n~e~# ~ ~
Page 1 ~9 Page 111
1 There other two subcategories are tha 1 subsection 3~.IS.6. This is regards to the 2 grubbing permit requi~e~nents, as well as stock piling and 2 Remedies of
the City. what this set of standards are for
3 excavation permit requir~nents. ~ is part of the TC~~ requircrnent is that the pity set
4 subsection 3.15.3 Exemptions was rnadified 4 standards on how to respond activities that don't fallow
5 from the current code, In the current code exemptions 5 this subsection. o these are remedies in the event that
6 far residential grading ~ provided far one acre yr less. something does occur that's outside the scope of the
7 Then distrubing activities for nonresidential land uses 7 subchapter 1$, the City has authority to proceed with the
8 were exempt if it was not to exceed 1,000 square feet or ~ correction pr abat~rnent of such activities.
9 disturbance of IOU cubic yards of sail. ~ What concludes y presentation. present is
1~ staff has rewritten this exception and now I~ also Kenny Banks i~ you have any questions in regards to
I ~ we're recamrnending that a property or an applicant may 11 the storm water polution permitting process.
12 con~.nue except if they exceed x,000 square feet or 1~ That concludes my presentation. I would
13 cubic yards in activity related to clearing and grading. 13 be happy to answer any questions.
14 The remaining revisions to this section 14 CaMMISI~I~ER wA'rKIN~: Questions? Yes,
15 pertain to the agricultural use, quarry, and landfill 15 Mr. Thomas.
16 operations. In addition, we've added. the. exceptions to 1 COMM~SSI~NE~ TxoMAS: b'irst and foremost, I
17 pro j ects with an ap~~oved building permit. And the logic ~ 7 would like to thank 1VIx. ~ienguita and Director of Planning
1 S i~ that is that if there is a building prrnit already 1 S and other staff rr~embers that have worked very diligently
1 ~ with this property, then they already received their final 1 ~ on this. In a relatively short period of time they've
plat and they're moving forward with their project. came together and worked with people within the
~ 1 Applications. Really, the amendments to ~ 1 development community on language and that sort of thing.
22 this subsection is for more clarity. Responsibilities by 22 we reali.z~e or I realize as through
23 the building official has been clarified a bit little ~3 working with this that Mere is a possibility that it can
2~4 more. It replace some verbiage Where it referred to ~4 add a couple of weeks an ta, the amount of tune that it
. 25 Director of Planning.. would take for a developer to actually get their clearing
Page 11o Page ~
~ subsection 35.18.E 'Standards..7Yhe changes I and grading permit.
~ here were mainly to comply with the Mate regulations that ~ But with the clarifica~ian of the language
3 pertain to the storrri water polutian plan. And these 3 and, you know, sorrre discussion that we've had about
4 changes were, again, to clarify requirements and ensure 4 continuing to go throw this --not this, but other
5 that infas~ractures will not be impacted, and that, saint 5 regulations, cleaxig up language and cleari~ag up issues,
~ were eo~npliant with T~~~, Additional languages were ~ ~ hopefully the desire is to able to speed up and make the
7 provided to outline procedures for issuance of 7 prooess mare efficiently. ametxe you have to take a
~ occupancies, temporary and sediment control removal, a 8 little bit of a step backwards in time to make same
9 well as developerlbuilder interaction. And that pertains 9 advances. I~ to the notice of intent, notice of termination, and so on. 10 And 1 wart to thank staff for
all the tune
t 1 Subsection. ~ 5.18 . B was removed due to I 1 that, one, they've spent v~ith nee ~ I `rn sure that may have
~ ~ same redundancy and was replaced by the following. The 12 been less than pleasant, Mark,
13 following here states that temporary sterilization t 3 MR. M.ENGUITA: ~ would also add that when
14 measures shall be established in all areas of the site , 14 you're referring to clarification in same aspect, we will
15 where soil distrubances have occurxed and where t 5 be working on the Criteria Manual and the Application
16 construction activities have temporary ceased for more 16 Criterial Manual in providing a process where it's easier
t7 than 21 calendar days. ~ 1? for applicants to 'understand.
1 S And I think there was same discussion on I8 QMNIII~NER T~~MA: And I assume in that
I ~ this during your public hearing, as well as our follow-up 19 you will include the references to
2~ work sessiari, hopefully the new language here clarifies 2~ MR. ME~~U~TA: The cross-references to
~I same of the requirements. The actual number of days has 21 C~1VIlViI~ONER TH~AS: yi to Subchapter
22 been reduced Pram 3 0 down to Z l . But 7 think the ~2 MR. ML~N~rt]ITA: I
~3 clarification that is included in this language makes 23 ~~MM[~~I~N~R T~IOMA~: ubcl~apter I
24 sense that it is ~ 1 days rather than the 3 D that was ~4 MR, ME~'~UI~'A: Correct.
2~ previously stated. Z~ C~MMY~NER THOMAS: that has applicable
PLA111NII~T ~~N1N O~SI~~ REC~ITLAR ESS~~N ~ 0-~2-0$ Page 1 -Page 11 ~
Cond~n~e~t ~
Page 1 ~ ~ Page 115
1 information towards the subject. 1 everything they've done. I'm, you know, 9~ percent in
2 MEN~UI`r~; That's correct. 2 favor of everything they done. o I j ust wanted fa an the
3 . . - . _ - _ - - .CDM~~D1~ER ~I.1~; I}a:Y~.-I--~ppciate.. _3.- reoord, again, say- --.mirror ~or~ne of nis~~n Thaw' ~ that. Thank you.
~ 4 concerns about the additional tune. But I think for the
5 MR. MENCUITA; okay. 5 most part, it is a very goad code amendrr~ent. But I da
6 CQMMI,SSIQNER wATKIN~: Yes. 6 have concerns about the additional time that it will take.
7 QQIVIMIIQNER EA~LETDN; T~lank Mr. ? Tbarlk you,
~ Chairman. 8 COMMIiONER wATKINS: Thank you very much,
9 Yeah. I, too, echo Comn~issiQner Thomas' ~ Larry. Appreciate your cornrr~enfs.
t~ sentiments and I think the biggest thing about this --the 1~ Is there anyone else that wishes to spew
11 whole process for me is that since I've been on the t 1 for ar against this item? Anyone else that wishes to
~ ~ Commission it's one of the ones .that we started with at t ~ speak far ar against this item?
13 the beginning and have kind of seen it work all of the way t 3 I, myself, .mirror Commissioner '~hornas'
t4 through. And it's been an enlightening process. And I 14 thoughts on this far the staff, for Ron, for all of the
r 5 appreciate the fact that staff really listened to it 15 people that put in extra tir~ae. It may not be perfect.
16 was a goad back ar~d forth and really listened some of 16 Buf if it's 9S percent, that's pretty doggone close.
17 ,the suggestions that we had and were able to cla~rfy some 1 ~ COMMI~SIO~ER THDMA~: 98 percent for Larry
~ 8 of the questions that we had, ~ ~ is incredibly gaol.
19 And I thi~k~one pf the best things that 19 COMMISIONR, i~ATI: I'll close doe
came out of this was the definitions section. And I ~D pubfic hearing. ~s there further discussion or a rnotian
~ 1 really appreciate, you know, you .guys doing that and I 21 ar
~2 hope that that same process would be considered for future 22 COMMII~NER THOMAS; Mr. Chairman, 7 would
. 23 a~nendznents and proposals ghat we have. ~3 like to move approval.
24 ~ MR MENGTA: Thank you for those kind ~4 C~IViMIS~ION~R ~vATI~INS: Commissioner Thomas,
25 words. And I would like to mention that we will have lots 25 approval.
Page ~ I ~ ~ Page ~ 1 ~
1 more code amendments, no please keep that in mind, 1 CDMMI~~IDNER ~ACLETI~N: Second.
2 CQIVIMISSIE~NER EAGt,~TDN; Thanks. 2 COMMI~IE~NER WATIiINS: Connnissioner
3 CQMIIQNER ~ATKIN~; z think that I could ~ Laglefon second.
4 call for the applicant riaw, exempt we don't have a~n ~ CQMMII~NER THOMAS: I would Tike to
5 applicant. 5 clarify my rnafion.
6 T have one card from Larry Reichhart. And 6 COMMI~,SIONER wATKINS: Yes.
7 he says in opposition. 1Jnbelievable a it might be. 7 C~MMISSIQNER THOMAS; And since it's not
. . - MR. RE~CxxA~~r: elc art,-1408 E: $ here; again; I would like to recommend approval, again,
9 Windsor Drive, Denton, Texas, 9 with those reference footnotes that we had talked about
~ ~ And before the break I was a little bit t~ being in adj wining documents. -
t 1 more in opposition than 1 am now. I talked to Mr. Banks 11 CQMMISSIQNER wATKINS: okay. 12 and he .calmed me down quite a bit, as he has a tendency to I2
what I would propane is we get
13 da. And I do know everybody's comments regarding staff. t 3 --take the actual ordinance subchapter as changed. That
t~ ~ I do believe there's 98 percent of the Code that I'm 14 wi11 be attached to sort of a standard ordinance. And,
15 fatally in favor for and it was that one section that it 15 you know, section 1 will approve the Code Amendment as
1 ~ now requires, you know, the P approval and the pre- 16 referenced in Exhibit 1 attached hereto. And then Section
~ 7 cons~rucfion meeting before you can get the clearing and ~ 7 ~ of the ordinance would say that, you know, direct That
1 ~ grading agreement. And that it is going to add anywhere 18 notations be made upon publication of the Code directing
z 9 between two and the weeks onto the process. 19 users to Subchapter t ~ at various points in the Code upon
2~ And if there was another way and Y do 2~ publication. But it wouldn't be a part of the Code,
. ~1 understand much clearer the concerns that the City has. 21 itself, But it would be a direction that would be in the
~Z But if there's another way that we could get folks going, ordinance approving the Code that the Council desired the
23 potentially. But I thir~lc they've considered it. If"s ~3 publisher to incorporate those editorial references,
2~ just .a concern I have. 24 COMNItSSIDNER EAGLETON:~ Second,
~5 o I'~n not, you knave, totally opposed to 25 COMMISSIQN~R wATKIN: I would like to hear
P~.ANIN Z~1~IN~x ~~III~N R~ULAI~ ~~IN ~ ~-~~-0~ Page 113 -Page 11 ~
~denselt~
Page 1 ~ 7 ~ Page 119
1 the rnation again. 1
Z ~t~.1~~; 1 Wasn't rnean~-ng to change your 2 3 motion. I j ust meant that as a clarification of What ~ 3
4 had in mind. 4
S C~1vIMZ~s1~NER Tti01V~4~; It was So Clear 5
~ befOrer Jerry. ~ ~
7 Yn some form Of ~~O~k1n doCU.ent, ~ Would 7
8 like some references dewing with the changes in ~ ~
9 subchapter l8, references that axe obtainable b~ citizens, 9
~y the development co~rnnunity, to assist to refer the~~ to 10
11 the other documents so that We can make this, unlike same 11
12 of our previous documents that are clear as znud. And 1 ~
13 that's What ~ vas that' ~ What I Would like. ~ 3
14 However it's done, but it needs to be given 14
~ S to citizens,. the development community, and anyone trying 15
16 to ~rark through our regulations. We need to make this 1 ~
1 ? clear to the people that have to work for it. This is not 17
l S a hidden treasure. I g .
19 1ViR. DRAKE; fight. ~o additional 19
20 pub~xcation; perhaps, even. -
21 CD1I+CMISSI~~FER T~1oMAS: Thank yau, ~1
2~ D1~AI~E: Gotcha.
23 CDM~VII,~sxQI~ER WATKII~: And We'll take the
Z4 ~nOtlQtl dust ~ you
25 ~~MMIS~Y~NER'I'H~3MA~5: ~aever disjointed it 25
Page 118 Page 1~~
1 is now. 1
2 ~OM1V1I~1~~ER WATKTN~: yeah. Corrnnissioner ~
3 Eagleton, do you second chat motion? 3
4 CO~IV1M1S5IO~ER EAGLE7'ON: l second that 4
~ motion. ~ ~ -
G COMMIIDNER WA`I'KFN: All right. please 6
~ vote an the board. ~
8 seven to zero fax approval. . ~
9 g I4 1~
1~ ~i
12 1~
13 ~ 13
14 t4
15 ~ 1~
1~ 1~
17 17
1S 1g
- 19 1g
2~ 2~
21 ~1
22 .
23 ~3
~4 ~4
~5
PLANIN & ~[]N1N (~IUIlVII~I[~N RE~JI,AR ESI~~ I~~~~-OS Page 117 ~ Page
EXHIBIT 5
Subchapter 18 .
Development Code
Subchapter 18 -Land Disturbin Activities g
Sections:
35.18.1 Purpose.
35.18.2 ~~pproval and Permit Required. 35.18.3 Exemptions.
35.18.4 ~~pplications.
35.18.5 Standards.
35.18.6 Remedies of the City.
35.18. ~ Purpose.
1~. Preserve and enhance the City of Denton's natural character by preventing untimely and indiscrinv.nate
removal or destruction of trees, understory, and ground cover;
B. Protect and preserve the ecological functions of environmentally sensitive areas (ESNs) by regulating land
disturbances and removal of vegetation within the ES1-~s;
C. Protect the city from sediment that finds its way into streets, storm sewers, ditches and streams, which
may result in additional taxes for city maintenance costs, increased flooding, impaired water quality, and
damage to property;
D. Promote soil conservation by minimizing land disturbances, thereby reducing sedimentation, air, and
surface water pollution; and
E. Comply with State and Federal storm water regulations.
35.18.2 Approval and Permit Required.
No person, corporation, or other legal entity shall engage in stockpiling, grubbing, or land clearing and grading
without the required approvals and permits. l~ctivities shall be liini.ted to the area and scope identified on the plans submitted with the approved permit, and shall comply with
State and Federal storm water regulations. There are
three types of permits covered by this subsection:
1~. Clearing and Grading Permit requires:
1. Development Review Committee review of construction plan and site plan;
2. l~pproval by the Planning and Zoning Commission of a final plat, for those projects which will
ultimately be required to plat (see Subchapter 16);
a. Upon submission of all site information deemed necessary for approval, the City's Drainage
Engineer may issue a land disturbance permit on unplatted parcels to improve drainage and
promote compliance with Federal, State and City standards relating to flood prevention and erosion control.
3. Tree Removal Permit, if applicable; and
4. 1~ pre-construction conference with Engineering for clearing and grading activities on public right-of-
ways or public easements.
B. Grubbing Permit requires:
1. Tree Removal Permit, if applicable.
C. Stockpiling and Excavation Permit requires:
1. Tree Removal Permit, if applicable.
18-1
Subchapter 18 .
Development Code
35.18.3 Exemptions.
The following shall be exempt from the provisions of this Subchapter:
1~. Grading and clearing in emergency situations involving immediate danger to life and property or
substantial fire hazards.
B. ~~ny site disturbing activity where the total volume of material disturbed, stored, disposed of or used as fill
does not exceed 25 cubic yards for residential projects or 50 cubic yards for non-residential projects, and
the area to be disturbed in either case does not exceed 2,000 square feet. Notwithstanding this exemption, the site disturbance activity shall not result in the obstruction of
any water courses, nor shall be located in
a floodplain or any other environmentally sensitive area. This exemption shall not constitute a waiver or
variance from any applicable state or federal regulations.
C. Soil disturbing activities, excluding tree removal, that are associated with normal agricultural crop
operations.
D. Stockpiling and handling of earth material associated with commercial quarry and landfill operations
licensed under the State.
E. Projects with an approved Building Permit.
35.18.4 Applications.
Permit applications and requirements, processing of applications, and conditions of issuance are as follows:
1~. ~~n application along with the required fee shall be submitted in accordance with the ~~pplication Criteria
Manual.
B. ~~ny permit granted under this Subchapter shall expire one year from the date of issuance. Upon a
showing of ongoing construction activity, the permit may be extended by the building official for one
monthperiod and for an additional fee.
C. Reviewed plans shall not be amended without authorization of the Building Official. The Building Official
may suspend or revoke a permit because of incorrect information supplied, or for any violation of the provisions of this Subchapter.
35.18.5 Standards.
The design criteria for erosion and sediment control shall comply with the design standards contained in the Site
Design Criteria Manual. Permitees shall also comply with the following general regulations and standards:
A. General Regulations.
1. The activity will not create or contribute to landslides, accelerated soil creep, or settlement;
2. The activity will not create or contribute to flooding, erosion, or increased turbidity, siltation or other
forms of pollution in a watercourse;
3. Operations shall be consistent with anticipated build-out schedules, and shall be conducted so as to
expose the smallest practical area of soil to erosion for the least possible time;
4. The property owner shall be responsible for all cleanup operations incidental to the disturbance of the
surface of the property within 6 months of the operation completion date, including removal of temporary erosion and sediment controls if final stabilization has been obtained,
and removal of all
trash or other materials not suitable for fill;
18-2
Subchapter 18 .
Development Code
5. No soil, rock, mud or other construction debris shall be allowed to be deposited on or in the streets, alleys, utility facilities, right-of--ways, easements, or drainage
facilities owned or required by the City of
Denton;
6. The site operator or owner shall provide a copy of the signed Notice of Intent from the Texas Commission on Environmental Quality (TCEQ) for all sites that are larger
than 5 acres or are less
than 5 acres and part of a larger common plan of development that exceeds 5 acres, and shall develop
and maintain a Storm Water Pollution Prevention Plan (SWPPP) for the site in accordance with
TCEQ regulations;
7. The site operator or owner shall provide a copy of the signed Construction Site Notice for all sites
less than 5 acres and not part of a larger common plan of development exceeding 5 acres, and shall
develop and maintain a Storm Water Pollution Prevention Plan (SWPPP) for the site in accordance with TCEQ regulations;
8. The site owner or operator is responsible for routinely inspecting erosion and sediment controls at the site as specified in the SWPPP. The City may also inspect erosion
and sediment controls located at a
site for compliance. If a responsible party fails to implement, inspect, and maintain controls as
specified in the site's approved SWPPP, the City shall provide such party with written notice of non-
compliance. The responsible party shall have no less than forty-eight (48) hours to correct the
violation, which may be extended for inclement weather or other factors at the discretion of the City of Denton inspector.
9. When construction or land disturbing activities are conducted as a part of aNon-Residential or Multi- Family construction project, temporary erosion and sediment controls
shall be installed prior to land
disturbing activities as specified in the approved SWPPP. Permanent erosion and sediment controls
that are specified in the SWPPP shall be installed and maintained prior to the occupancy of any non-
residential or multi-family structure. Phased occupancy will only be allowed when there are no
outstanding erosion or sediment control violations for the project for which the request is made.
10. When construction or land disturbing activities are conducted as part of a Residential Subdivision
project, temporary erosion and sediment controls shall be installed, as specified in the approved
SWPPP. Permanent erosion and sediment controls that are specified in the SWPPP shall be installed and maintained prior to final acceptance of a subdivision.
i. The developer for such subdivision shall continue to maintain all temporary erosion and sediment control devices until permanent erosion and sediment control has been established
on all lots within the subdivision for which a building permit has not been issued, and
ii. If a developer sells one or more lots in a subdivision to a purchaser, the developer may
extend permit coverage to the purchaser under the developers Notice of Intent (NOI). If
this occurs, the developer remains the responsible party for the entire subdivision including
the purchased lot(s) and remains liable for violation of this subchapter. 1~ copy of the
developers NOI and a letter from the developer stating that coverage under the NOI has been extended to the purchaser shall be provided to the City as a condition of Building
permit issuance for the lot(s), and
iii. If a developer sells one or more lots in a subdivision to a purchaser, the developer may
choose to not extend permit coverage to the purchaser under the developers NOI. If this
occurs, the developer remains the responsible party for only those lots for which the
developer retains day-to-day operational control. The purchaser then becomes the
responsible party for the lot(s) purchased, and is liable for violation of this subchapter. A copy of the developers Notice of Change (NOC) or Notice of Termination
(NOT), in
addition to the purchaser's NOI and SWPPP shall be provided to the City as a condition of
Building permit issuance for the lot(s), and
iv. If a purchaser sells one or more lots prior to final occupancy, the current owner of the lot(s)
becomes the responsible party. 1~ copy of owner's NOI and SWPPP shall be provided to
the City as a condition of Building permit issuance for the lot(s).
18-3
Subchapter 18 .
Development Code
11. Upon establishing permanent ground cover or other approved permanent erosion and sediment control, all temporary erosion and sediment control devices shall be removed
by the responsible party,
as identified on the SWPPP. Failure to comply with this provision is considered a violation of this
subchapter.
B. Standards for Establishing Temporary Stabilization Measures
It shall be the responsibility of the Director of Water/Wastewater to ensure that temporary stabilization measures are appropriately established in all areas of the site where
soil disturbances have occurred and
where construction activities have temporarily ceased for more than 21 calendar days. Temporary
stabilization may include seeding, geotextiles, mulches, and similar measures as approved by the City, and
that are designed to reduce or eliminate erosion until permanent stabilization can be achieved or until
further construction activity takes place.
35.18.6 Remedies of the City.
1~. The City may deny the approval of any clearing and grading permit, building permit, site development
plan, and any other City approval necessary to commence or continue construction or to assume
occupancy, on the grounds that site erosion or sediment controls are determined not to reduce the
discharge or sediment, silt, earth, soil, and other materials associated with land disturbances to the
maximum extent practicable.
B. If a permittee (or its officers, employees, agents, contractors, subcontractors, or representatives) fail to
comply with any requirements of this subchapter (including any requirement incorporated by reference), a representative from the City shall give notice to the permittee specifying
the nature and extent of the
alleged failure, the extent of efforts required to cure the failure, the established cure period, and the
potential impacts on the health, safety, or welfare of the community. The cure period will be established
by the City representative, and will generally not be less than 48 hours unless the alleged failure represents
a risk of destruction of property or injury to persons. The cure period may be extended for inclement weather or other factors at the discretion of the City representative.
C. If the permittee does not cure the alleged failure within the time frame specified by the City representative,
the City may:
1. Notify the TCEQ and request that the TCEQ take appropriate action; and
2. Issue a Stop Work Order and may enforce the penalty provisions of Subsection 35.1.10.4 of the
Denton Development Code against the permittee or site operator, or both.
E. Should the permittee fail in any respect to fulfill the requirements of this article, the City may go on to the
property in question and perform such work as may be necessary to fulfill such requirements, including
but not limited to leveling ground, establishing temporary stabilization, constructing erosion controls, and removing all soil, rock, debris and other materials not suitable for
fill at the permittee's expense. The City
shall bill the permittee for the expenses incurred. If the permittee fails to pay the City for such expenses
within 30 days of being billed for same, the City shall have the right to place a lien on the property for all
amounts expended by the City, plus interest at the current lawful rate.
F. The remedies provided by this Section are in addition to any other remedies described in this
Development Code. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other
action against the violator, including civil enforcement remedies.
18-4
P~~~~,~~►E~,~ EXHIBIT 6
'tiu~`~ ~'rd " 7 , ~ ~l~~iII~IVp
~ ~ 4 ~t~~~~s fir„
~ .
~ _ . T ,i r~ i ~ Y r. ~ III
Clearing and Grading Permit Checklist
Nate: Additional Infarmation may be required by City staf f during the proiect review.
Submit the following with all Permit Applications:
o One (1) Transmittal Sheet
o Five (5) packets includingthe following:
o Universal Building Application
o Grading Plan
o Erosion Control Plan and Storm Water Pollution Plan
o Tree Preservation and Mitigation Plan, if applicable
o Completed Submittal Checklist
o One (1) CD-ROM containing all submission material as a PDF document
A. Clearing and Grading Permit Requires:
o A copy of the approved plat with all easements and right of ways marked, must include offsite
easements and filing information
o Tree Preservation and Mitigation Plan, if applicable
o Tree Removal Permit, if applicable
o Grading Plan
o Submit Construction Site Electronic Data Entry available at
.city e ,c /c srti s r a r
o Erosion Control Plan
o Site Plan
o ESA review, if applicable
o Staking or flagging limits of ESAs on site, if applicable
If public improvements are proposed, the following are required:
o Submit a copy of the approved civil plans
o Submit a copy of the executed three way contracts for excavation
o Schedule and hold apre-construction meeting with Engineering
o Pay calculated inspection fees
B. Grubbing permit:
o Tree Preservation and Mitigation Plan, if applicable
o Tree Removal Permit, if applicable
o Grading Plan
Clearing and Grading Permit Checklist
Page 1 of 4
CITY OF DENTON • Planning and Development • City Hall West 221 N Elm Denton, TX 76201 • (940) 349-8541 • WWW.CItyofdenton.COm
o Submit Construction Site Electronic Data Entry available at
. it . ti
o Erosion Control Plan
o ESA review, if applicable
C. Stockpiling and excavation permit:
o Area drainage map
o Tree Preservation and Mitigation Plan, if applicable
o Tree Removal Permit, if applicable
o Grading Plan
o Submit Construction Site Electronic Data Entry available at
. it . ti
o Erosion Control Plan
o ESA Review, if applicable
Grading Plan Checklist:
o lot lines with dimensions and areas
o Clearing and grubbing limits
o location of existing utilities (above and below ground)
o location of proposed utilities (above and below ground)
o Existing topographic (contour) lines to 50 ft beyond clearing/grading limits (maximum 2 ft contour
interval)
o Proposed topographic (contour) lines to 50 ft beyond clearing/grading limits (maximum 2 ft contour
interval)
o Cut and fill catch lines
o ESA or other critical area boundaries and related setbacks
o General location, type, range of size, and condition of existing trees and groundcover on the subject
site
o Drainage ditches (arrows to show flow direction)
o Existing septic tanks/drainfields or other underground tanks
o Off-site area tributary toclearing/grading area
o location of existing/proposed fuel tanks
o Water wells and corresponding wellhead protection areas
o Soil types Soil Information can be found at the USGS websoil survey.
. it . . .
o locations of soil pits and infiltration tests
o Mulchingand vegetation plan
o Easements and/or dedication deeds
o Regional and off-site improvements secured
o "Call Before You Dig-1-800-424-5555" note
o Traffic control plan and encroachment permit application (where grading occurs within City right of
way or haul vehicles access the City's right of way)
Clearing and Grading Permit Checklist
Page 2 of 4
CITY OF DENTON • Planning and Development • City Hall West 221 N Elm Denton, TX 76201 • (940) 349-8541 • WWW.CItyofdenton.COm
ESA Review Checklist
o locations and extent of all EnvironmentallySensitive Areas (FBAs) on site
o A determination, by the U.S. Army Corps of Engineer or a qualified environmental scientist with a
delineation certified by the Corps, of the presence or absence of jurisdictional wetlands and waters of
the V.S., and an indication of the location of any jurisdictional wetlands, if applicable.
o Culverting or bridges and associated land disturbances
o Building envelopes fornew orredevelopment parcels
Erosion Control Plan and Storm Water Pollution Prevention Plan Checklist:
o locations and details of temporary erosion/sediment control devices and best management practices
(BMPs)
o Natural drainage features (arrows to show flow direction)
o General erosion control notes - refer to City of Denton Drainage Criteria Manual
o Construction entrance detail
o location and details of temporary sediment ponds
o Permanent stabilization detail
o Attach copy of NOI (if 5 acres or greater) or Site Notice (if between 1 and 5 acres) from TCEQ. If site is
part of larger common plan of development that is either 5 acres or greater or 1 acre or greater,
respectively, these rules also apply.
o Refer to the NCTCOG website for iSWM Design Manual for Construction
: i . ~ / tr i .
o Refer to the TCEQ website for further information about storm water permits
: . . .t . i r it .
Note: A Tree Preservation and Mitigation Plan Checklist is available at the Planning Department public
counter.
For clarification, the following are terms associated with the Clearing and Grading process:
Clearing is an intentional act to cut down or damage a tree and/or understory vegetation, to the extent that
the tree and/or understory vegetation will decline or die. Clearing includes, but is not limited to, herbicide or
similar chemical treatment of trees and/or understory vegetation, physical removal, damage from soil
compaction, ordamage duetograding.
Grading isthe mechanical or physical act of disturbing, moving, removing, transferring or redistributingsoil.
Grubbing is the mechanical or physical act of removing stumps, underbrush, and rocks, prior to clearing and
grading. Grubbing does not allow for any grade changes, only vegetation removal down to bare soil. A tree
Clearing and Grading Permit Checklist
Page 3 of 4
CITY OF DENTON • Planning and Development • City Hall West 221 N Elm Denton, TX 76201 • (940) 349-8541 • WWW.CItyofdenton.COm
removal permit is required for all trees with a 3" or greater diameter, measured at 4.5 feet above natural
grade.
Imported fill Imported fill is the mechanical or physical act of bringing soil in from offsite. When stockpiling
imported fill, it shall occur on private property only.
Excavation is the mechanical or physical actto cut, dig, orscoop soil.
Stockpiling is the holding on land of material or products such as, any soil, sand, gravel, clay, mud, debris,
vegetation or any other material, organic or inorganic, in a concentrated state.
~ I have reviewed the checklist and all submittalsfor completeness and accuracy.
Signature Date
Print Name
Clearing and Grading Permit Checklist
Page 4 of 4
CITY OF DENTON • Planning and Development • City Hall West 221 N Elm Denton, TX 76201 • (940) 349-8541 • WWW.CItyofdenton.COm
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ORDINANCE N~.
AN ORDIl~ANCE ~F THE CITY ~F DENTIN, TEA, ANIENDIN UBC~IAPTER l ~ AND
~F THE DENTDN DEEL~PNIENT CEDE; PR~~IDIl~IC~ FDR A PENALTY tN THE
AIVI~L7NT ~F OQ~.~~ FAR ~~~LAT~ON' THEREOF, EVERABILIT~ ,AND AN a
EFFECTNE DATE. ~DCA4~-00 ~
wHEREA x pursuant to ordinance Na. ~~~~-~4~ the City Council of the City of Denton,
Texas adopted the Denton Development Code the "Development Code"~ and
w~IEREA, after providing notice and after conducting a public hearing as required by laws
the Planning and honing Commission recommended approval ofcertain changes to ubehate l
and 2' of the Denton Development Code,
WHEREAS after ravidin native and after conducting a public hearing a required by law, P g
the City Council finds that the subject changes to tie Develop~.ent Cade are consistent with the
Comprehensive Plan and are in the public interest; New, THEREFORE,
THE CDLINC7L ~F THE CITY ~F DENTIN HEREBY ORDAIN:
SECTION 1. The findings and recittio~as contained in the preamble of this ordinance are
~~cor~orated herein by reference as true
ECTIDN subchapter ~~.1 S and ~5.~~ is amended to reflect the changes outlined in
Exhibit "A"; all provisions not changed herexa~ to remain as written.
SECTION 3, Any persa~. violating any provision ofthis ordinance shall, upon conviction, be
fined a sum. not exceeding $~,0~~.~~, each day that provision ofth~s ordinance is violated shall
CDIlstltute ~ separate and dlst~nct offense.
SECTION 5. Yf 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 ofthis ordinance are severable.
SECTXON . This ordinance shall become effective fourteen ~14~ days from. the date ofits
assn e, and the City secretary is hereby directed to cause the caption of this ordinance to be
p g published trice in the Denton Record-Chronicle, a daily newspaper published in the City afDentan,
Texas, within ten ~ l days of the date of its passage.
PASSED AND APPR~~ED this the ~ day of
MARS BURR~T NHS, MAYOR
s.lou~ dacumer~~lor~inan~esl~Sldca~~-U~l~.dacx
ATTEST:
ALTAR, CITY E~RTARY
LF 1 4
APPR~V~1~ ~ To ~o~.
ANNA SURE , CITE ~TT~~N~Y
I
~~ge - 2
s:lour ~ocum~nt~lordinar~ceslOS~ca~~-~~1~ exhi6~t a ver 2.docx
EXHIBIT A
Subchapter 3 . ~ S of the DDC is amended to read as (allows:
~~.15.1 Purpose.
A. Preserve a~ad enhance the City of Dentan's natural character by preventing untimely and
indiscriminate removal or destruction of trees, understory, and ground cover;
B. Protect and preserve the ecological functions afEnv~ronmentally Sensitive Areas ~ESAs}
by regulating land disturbances and ren~aval Qf vegetation within the ESAs;
. Protect the city from sediment that l"~nds its way into streets, star sewers, ditches and
streams, which nay result in additional taxes far city maintenance costs, increased
(loading, unpaired water quality, and damage to prapert~;
D. Promote soil conseatian by tninin~.z~ng land disturbances, thereby reducing
sedunentatian, air, and surface water pollution; and
Can~ply with State and Federal storm water regulations.
~ S.~ Approva} and Permit Required,
Na person, corporation, or other legal entity shall engage in stacl~piling, fibbing, ar land
clearing and grading without the required approvals and permits. Activities shall be limited to
the area. and scope identified on the plans submitted with the approved permit, and shall comply
with State and Federal ~torn~ water regulations. There are three types of permits covered by this
subsection:
,A, Clearing and grading Permit requires:
l . Development Review amrnittee review of construction plan and site plan;
. Approval by the Planning and honing Carnmissian of a final plat, far those
prvj ects which will ultin~atel~ be required to plat see Subchapter 1
a. Upon submission of all site infor~natian deemed necessary for approval, the
City's Drainage Engineer nay issue a land disturbance permit an unpltted
parcels to improve drainage and pran~ote compliance with Federal, State and
City standards rela~t~n to flood prevention and erasion control,
3. Tree Removal Permit, if applicable; and
4. A pre-construction conference with Engineering for clearing and grading
activities an public right~af way or public easements.
ribbing Permit requires:
1. Tree Removal Perrr~it, if applicable
C. Stocl~piling and Excavation Permit requires:
1. Tree Removal Permit, if applicable.
3~.~8. Exempt~ous.
The fallowing shall be exempt from the provisions of this Subchapter:
~radxng and clearing 1n emergency s~tuatlons lnvvlv~n 1mn~ed~ate danger to hfe and
Prape~ or substantial ~"~re hazards,
B. Any site disturbing activity where the total volume of material disturbed, stored, disposed
of or used as does not exceed cubic yards for residential pro jests or 50 cubic yards
for nan~residential projects} and the area to be disturbed in either ease does not exceed
~,~~0 square feet. notwithstanding this exerr~ption,the site disturbance activity shall not
result i~a the obstruction of any water courses, nQr shall be located in a flvodplaxn or any
other environmentally sensitive area. T.s exemption sha11 not constitute a waiver or
variance from any applicable state ar federal regulations.
. foil disturbing activities, excluding tree removal, that are associated with normal
agricultural crop operations.
D. stock fling and. handling of earth material associated with commercial ~uarr~r anal P
landfill operations licensed under the State.
E. Prod ects with an approved Building Permit.
~.15.~ Appl~catians.
Permit a lications and re uireents, processing of applications, and conditions ofissuance are Pp
as follows:
A. An application along with the required fee shall be submitted in accordance with the
Application criteria iVlanual.
B. Aiay permit granted under this Subchapter shall expire one year from the date ofissuance.
Upon showing of ongoing construction activity, the permit maybe extemded by the
Bu~ldi~g ffic~al for one G-month period and far an additional fee.
. reviewed plans shall foot be amended without authari~ation ofthe Bu~~din ~~cial. The
Building f~ciak inay suspend or revolve a permit because of incorrect ~nfarrnatio~
supplied, or l'or any violation of the provisions of this Subchapter.
x.18.5 ta~.da~~s.
The design criteria for erosion and sediment control shall comply with the design standards
contained the 1te Design criteria Manual. Permittees chalk also comply with the folkowing
general regulations and standards:
A. general egulatlans.
1. The activity will not create or cont~.bute to landslldesa accelerated soil creep, and
Stt~enlent.
The activity will not create or contribute to fkvoding, erosion, or increased tubidity,
siltation or other forms of pollution in a watercourse;
3. operations skull be consistent with anticipated build-out schedule, and shall be
conducted so as to expose the smallest practical area of soil to erosion for the leant
possible tune;
Page - 2
4-0 The property owner shall be responsible for all cleanup operations incidental to the
disturbance of the surface of the property within ~ months of the operation
completion date, ~ncludln removal of temporary erosion and sedirrient controls 1f
final tabilx~ation has been obtained, and ren~aval of all trash ar other materials not
suitable for fill;
5. No soil, rock, n~ud oar and other construction debris shall be allowed to be deposited
on or in the streets, alleys, ut111ty facil~t~e, rights of way, easements, or drainage
fc~llt~es owned or required by the pity of Denton
6. The site operator or owner shall provide a copy of the signed Notice of fntent frorri
the Texas on~nission on environmental duality ~TCE}far all sites that are urger
than acres or are less than cores and part of a larger common plan of
development, anal shall develop and maintain. a Storm water Pollution Prevention
Plan ~SwPPP} for the site in accordance with TE regulations.
7. The site operator or owner shall provide a copy of the signed ~ontructian Site
Notice far all sites Less than 5 acres and not part of a larger common plan of
developn~er~t exceeding 5 acres, and shall develop .and maintain Storm dater
Pollution Prevention Plan ~SwPPP~ for the site in accordance with T~
regulations.
The site owner or operator is responsible for routinely inspecting erasion and
sediment controls at the site as specified in the wPPP, The pity nay also inspect
erosion and sediment controls located at a site for compliance. if a responsible party
fails to implement, inspect, and maintain controls as specified in the site's approved
SwPPP, the pity shall provide such party with written notice ofnon-compliance.
The responsible party shall have na less than fvrtyRight ~4S} hours to correct the
violation, which may b extended for inclement weather or other factors at the
discretion of the pity of Denton inspector.
then construction or land disturbing activities are conducted as a part of a Non residential or llrlulti-Family co~istru~ction pro j ect, temporary erasion and sediment
controls shall be installed prior to land disturbing activities as specified in the
approved SwPPP. Permanent erosion and sediment controls that are specified in the
SwPPP shall be installed anal maintained prior to the occupancy of any non-
residential ormulti-family structure. Phased occupancy will only be allowed when
there are no outstanding erosion o~ sediment control violations for the project for
which the request is made.
1 when Construction or land disturbing activities are conducted as part ofa Residential
Subdivision prod ect, temporary erosion and sediment controls shall be installed as
specified in the approved PPP. Perin.anent erosion and sediment controls that are
specified in the SwPPP shall be installed and maintained prior to final acceptance of
subdiviSlOn.
i. The developer for such subdivision shall continue to maintain all temporary
erosion and sediment control devices until permanent erosion and sediment
control has been established on all lots within the subdsvis~on for which a
building permit has not been issued, and
Page - 3
ii. a developer se11s one or mare lots in a subdivision to a purchaser, the
developer nay extend permit coverage to the purchaser under the develaper~
Notice afIntent ~N~}, lftl~is occurs, the developer rerriains the responsible
party far the_entire subdivision including the. purchased lat~s~ and remains
liable for violation of this subchapter. A copy of the developers N~~ and a
letter from the developer stating that coverage under the NCI has been
extended to the purchaser shall be provided to the pity a a condition of
Building permit issuance for the laths}, and
iii, ~f a developer sells one ar mare fats in a subdivision to a purchaser, the
developer may choose to not extend permit coverage tv the purchaser under
the developers NCI. ~f this occurs, the developer rerriains the responsible
party for only those lots far which the developer retains day-to-day
operational control. The purchaser then becomes the responsible party far
the laths} and is liable far violation of this subchapter. A copy of the
developers Notice off' change ~N~} ar Notice of Terxninatian ~N~T~, in
addition to the purchaser's Notice of Intent and wPP~ shall be
provided to the ~1ty as a condlt~on ofBuild~n permit issuance for the lat~s~,
and
iv. If purchaser sells one ~ or mare lots prior to final occupancy, the current
owner of the lvt~s} becomes the responsible party. A copy of owner's
Notice of lntent and wPPP shall be provided to the City as a
condition of Building permit issuance far the laths}.
11. Upon establishing permanent ground saver ar other approved permanent erosion and
sediment control, all temporary erasion and sediment control devices shall be
removed by the responsible party, a identified an doe wPPP. Failure to comply
with this provision xs considered a violation of this subchapter.
~ ~stabiisb.~ng ground haver.
~t shall be the responsibility of the Director of waterlwastewater to ensure that
temporary stabilisation measures are appropriately established in all areas of the site
where sail disturbances have occurred anal v~here construction activities have ternpararily
ceased far more than ~ I calendar days. Temporary stabilization may include seeding,
geotextiles, mulches, and similar measures as approved by the pity, and that are designed
to reduce or eliminate erosion until permanent stabili~atian can be achieved or until
further construction activity takes place.
3.~.S. Rernedres of tie pity.
The pity nay day the approval of any clea~.ng and grading permit, building perrrait7 site
development plan, and any other pity approval necessary to commence or continue
construction or to assume occupancy, an the grounds that site erosion ar sediment
controls are determined not to reduce the discharge or sediment, silt, earth, sail or other
n~.aterials associated with land disturbances to the n~axim~un extent practicable.
B, if a permittee for its officers, ~nplayees, agents, contractors, subcontractors, ar
representatives} fail to comply with any requirements ofthis subchapter including any
Page - ~
i
requirement incorporated by reference}, a representative from the City shall give notice to
the permittee specifying the nature and extent of the alleged failure, the extent of efforts
required to cure the failure, the established cure perz.od, and the potential impacts on the
health, safety, or ~relfare of the community. The cure period will be established by the
City representative, and will generall~r not be less than 4S hours unless the alleged failure
represents a risk of destrnctian of property or injury to persons. The cure period maybe
extended far inclement v~eather or other factors at the discretion of the City
representative.
the erittee does not cure the lie ed failure within the time frame specified by the p
City representative, the City may:
I. Notify' the TCE and request that the TC~ tape appropriate action; and
Issue a stop fork order and may enforce the penalty provision of subsection
3.1.10.4 afthe Denton development Code against the perittee or site operator, or
both,
4 Should the perrnittee fail in anyrespect to fulfill the requirements ofthis article, the City
nay go on to the property in question and perform such work a nay be necessary to
fulfill such requirements, including but not limited to leveling grounds, etablishrng
temporary stabilisation, constructing erasion controls, and removing all soil, rock, debris,
and other materials not suitable for #~~11 at the permittee's expense. The City shad bill the
permittee for the expenses incurred. If the pern~ittee fails to pay the City far such
expenses within days afbeing billed far same, the City shall have the right to place a
lien on the property far all amounts expended by the City, plus interest at the current
lawful rate.
The remedies provided by thrs ectlQn are ~n addxt~on to any other ren~edtes described In
this Development Codes ~xereise of this remedy shall not be a bar against, z~or a
prerequisite for, tk1n other action against the violator, rneludmg civil enforcement
ren~e 1es.
The fallowing definitions are hereby added to the Subchapter 35.~3.~:
Clearing is an intentional act to cut dawn or damage a tree andlor understory vegetation, to the
extent that the tree andlor understory vegetation will decline or die. Clearing includes, but is not
limited to, herbicide or sirnrlar chemical treatment of trees andlor understory vegetation, physical
removal, dm.age Pram soil compaction, or damage due to grading
grading is the mechanical or ph~rsical act of xsturbin, moving, rernaving, transferring or
redlstr~buting soil.
~rubb~n is the mechanical ar physical act of removing stumps; underbrush, and rocks, prior to
clearing and grading. Grubbing does not allow for any grade changes, only vegetation removal down
Page-~
to bare sail. A tree re.oval permit is reoluired for all trees v~ith a or greater diameter, mea,~ured at
4. feet above natural grade.
. ~ orted fill Imported X11 is the n~echan~cal or physical act afbringing sail in ~ron~ affsite. then
P stocl~piling imported X11, it shall occur an private property anly.
x~~vatio~ i the echanieal ar physical act to cut, dig, ar swap soil.
tocl~ ilin~ is the holding an land ofn~aterial or products such as, any sail, sand, gravel, play, n~ud, .p ~
debrrs, vegetation or any other material, organic ar ~norgarr~e, ~n a eo~centrated Mate,
eote~tile is synthetic permeable fabric, either woven or unoven, that provides Itration,
se oration, anal stabilisation properties when applied to sail surfaces, and has the ability to reduces
p erosion and sedimentation due to rain ar a sterm event. '
page rt b
AGENDA INFORMATION SHEET
AGENDA DATE: December 9, 2008
DEPARTMENT: Planning
ACM: Fred Greene
SUBJECT - DCA08-0002 Development Code Amendments)
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas,
regarding amendments to Subchapters 6, 12 and 13 of the Denton Development Code. The
amendments included are to clarify standards and regulations regarding SUP revocation, yard
measurements, accessory buildings and structures general regulations, expansion applicability,
preservation and mitigation requirements for infill lots, light and glare performance
requirements, and site development requirements for residential buildings; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective
date. (DCA08-0002} The Planning and Zoning Commission recommends approval of the
Development Code amendments 6-0.
BACKGROUND
0n September 24, 2008, the Planning and Zoning Commission concluded a public hearing as
required by law, and recommended approval of the proposed amendments Subchapters 6,12 and
13 of the Denton Development Code.
Included in the AIS is a description of the issue and staff's recommendation for each of the
proposed amendments. Recommended text additions are shown in blue and underlined and
recommended text deletions are shown in red with strikethrough.
Item 1-SUP revocation
Issue:
The issue is the need to possess an approved building permit. In the case of a recent SUP
application, the applicant was simply going to occupy the structure and no building permit
was required. The Code states that a Specific Use permit shall be revoked if the proposed
use or phase does not possess an approved building permit within eighteen months from the
date of approval. In addition, the time limit of eighteen months is not consisted with other
time limits in the Code. To make it more consistent with the other time limits in the Code,
staff is recommending that the time limit be changed to twenty-four months.
Recommendation:
Staff recommends that Subchapter 35.6.6.A. of the DDC be amended as follows:
A Specific Use Permit shall x ire if
it e its rev e t t ~t 1
Est ti s ~ t ~ e within e t - months from date of approval,
unless a longer period is approved by City Council.
Clean Version:
A Specific Use Permit shall be deemed revoked if all needed permits for development are not
obtained and construction has not commenced within twenty-four months from date of
approval, unless a longer period is approved by City Council.
Item 2 -Yard measurements
Issue:
The issue is it is not clear what architectural features can project into the required side and
rear yard and how far. Because the Code does not specify all architectural features, staff is
adding other project architectural features to clarify the standards.
Recommendation:
Staff recommends that Subchapter 35.12.2.C. of the DDC be amended as follows:
Non-habitable, unenclosed architectural projections such as porches, stairs, stoops, and
awnings may extend 7.5 feet into a required front yard setback, or 24 inches into a required
side or rear yard setback.
Clean Version:
Non-habitable, unenclosed architectural projections such as porches, stairs, stoops, and
awnings may extend 7.5 feet into a required front yard setback, or 24 inches into a required
side or rear yard setback. Projections of window sills, bay or box windows, belt courses,
cornices, and other projecting architectural features, except for roof overhangs and eaves,
shall not extend more than twelve (12) inches into the required side or rear yard.
Item 3 -Accessory buildings and structures general regulations
Issue:
The purpose of the following set of Code amendments is to clarify existing requirements for
Accessory Buildings and Structures.
Recommendation:
Staff recommends that Subchapter 35.12.4.B. and Figure 1 of the DDC be amended as
follows:
1. The combined square footage of the house and accessory structure cannot exceed the
zoning district maximum lot coverage listed
8
~ v is t ire i y x t t
s t s
e r e y er S re e r t r a y e star t
e. e y eS r V rve er.
. Encroachment into a recorded easement is not permitted.
~1 B
. All accessory structures that require a building permit shall be architecturally
compatible with the principal structure. '
or shall be screened from
abutting properties and the public right of way.
. Guest quarters shall be located on the same lot as an existing detached single-family
use and may be located within or attached to the principal building or in a detached
accessory building.
. No more than one (1 }guest quarters per tract or lot shall be allowed.
Guest quarters shall not be used as rental units.
i. Guest quarters shall be served by the same utility meter as the primary dwelling,
and the building materials and architecture will be similar or in concert to the primary
dwelling unit.
INTERIOR LOT CORNER LOT
Property Line
i i
~ Accessory ~ Accessory ~
a Structure Rear Yard ~ Structure a ~ (Garage) ~ (Garage)
Rear Yard ~
~,a ~ b
~ a~ ~ b ~ b i ~
b ~ b ' ~ House ~ ; b ~
~ House ~ ~ ~ , ~ ~ ~
~ ~
a Front Yard Front Yard ~ 4 C _ d y
Qa 4
Property Line
Street
Item 4 -Expansion applicability
Issue:
The purpose of the following Code amendment is to put a cumulative provision to the
Expansion Applicability Table regarding Non-residential expansions. According to the Code
the expansion of existing buildings or site development, excepting single or two family, is
subject to the provision of Subchapter 3 5.13 based on the Expansion Applicability Table.
Non-residential expansions are able to expand up to 1,000 square feet or 25% whichever is
greater. However, the existing regulations does not restrict an applicant from expanding an
existing building or site development up to 1,000 square feet or 25% whichever is greater one
year and coming back and expanding the same amount the following year. Staff is proposing
to restrict the amount of expansion up to 1,000 square feet or 25% whichever is greater
beginning from when the Code was updated in February 20, 2002.
Recommendation:
Staff recommends that Subchapter 3 5.13.3. Expansion Applicability Table of the DDC be
amended as follows:
Non-residential expansion
(based on floor area) 1,000 square feet or 25%,
whichever is greater e (BUT
NOT EXCEEDING 10,000 SF FOR RETAIL USES).
Clean Version:
Non-residential expansion All building shall be required to adhere to the requirements of
Subchapter 13 when a building expands (based on floor area) 1,000 square feet or 25%,
whichever is greater from the original building square footage as of February 20, 2002 (BUT
NOT EXCEEDING 10,000 SF FOR RETAIL USES).
Item 5 -Preservation and mitigation requirements for infill lots
Issue:
On May 1, 2007, an Infill Special Purpose District was added to the DDC as Subchapter
3 5.7.14. As part of the addition, the definition of "infill" was revised. Infill is defined in the
Development Code as development on a vacant parcel or groupings of vacant lots within an
existing block surrounded by existing development that is contiguous on at least two sides for
corner lots and contiguous on at least three sides for interior lots (existing development
located directly in front on the other side of the street may count as a side for interior lots
only), no greater than two acres in size, and is served with all or most public services and
facilities, including but not limited to water, wastewater and drainage. The issue is the new
definition states that infill lots are lots that are no greater than two acres in size, however
Table 35.13.7.A. of the DDC references infill lots greater than two acres. To clarify and
make the table consistent with the new definition of infill, staff is recommending that the
table be amended.
Recommendation:
Staff recommends that Table 35.13.7.A. of the DDC be amended as follows:
Table 35.13.7.A
Preservation & Mitigation Requirements for Infill Lots
~ ~
Less than 100%
1/2 acre Preserved None None None None
If removed,
1/2 acre to 100% mitigated at None If removed, mitigated None 1 acre a 1:0.5 at a 1:0.25 ratio.
ratio.
1 acre to If removed,
100% mitigated at None If removed, mitigated None
acres a 1:1 ratio. at a 1:0.5 ratio.
~ a.
m
,
_
r
. ~ ~
Item 6 -Light and glare performance requirements
Issue:
The issue is conflicting light and glare performance requirements. The DDC requires that
light may not measure more than one-half foot-candle of illumination at the property line.
The DDC also requires that areas designated for pedestrian use shall provide a minimum of
one foot-candle of illumination. The conflict comes when a pedestrian sidewalk is along a
property line. Staff is recommending that the requirement that light may not measure more
than one-half foot-candle of illumination at the property line be excepted in areas designated
for pedestrian use that abut a property line.
In addition, the requirement that light may not measure more than one-half foot-candle of
illumination at the property line is an issue for non-residential developments comprised of
many lots. In anon-residential development comprised of many lots, internal property lines
often abut and in those areas it is difficult to transition from more than one-half foot-candle
to less than one-half foot-candle and back to more than more than one-half foot-candle. Staff
is recommending that for non-residential developments comprised of many lots, such as a
shopping center, the light levels do not need to be restricted to one-half foot-candle
illumination at internal property lines.
Recommendation:
Staff recommends that Subchapter 35.13.12. of the DDC be amended as follows:
All lighting within developments other than single family, shall meet the following
standards:
A. Light may not measure more than one-half foot-candle of illumination at the property .
ine-
B. Lights shall have shields installed to prevent the upward diffusion of light.
C. Areas designated for pedestrian use shall provide a minimum of one foot-candle of
illumination.
Item 7 -Site development requirements for residential buildings
Issue:
The DDC states that garage doors shall not occupy more than 40% of the total building
frontage. Staff is recommending that J-swing garages, along with garages facing an alley and
courtyard entrances not be applied to the calculations of the 40% maximum requirement.
The doors of J-swing garages do not directly face the street. The doors are located on the
side; therefore the intent of the Code to minimize the amount of area of garage doors facing
the street is still met.
Recommendation:
Staff recommends that Subchapter 35.13.13.1.B. of the DDC be amended as follows:
The garage door shall not occupy more than 40% of the total building frontage. This
measurement does not apply to garages facing an alley, courtyard entrance _
. Any garage may not extend beyond the house front. Front facing garages that are at
least 3 0 feet behind the house front may exceed the 40% frontage minimum.
Clean Version:
The garage door shall not occupy more than 40% of the total building frontage. This
measurement does not apply to garages facing an alley, courtyard entrance or j-swing
garages. Any garage may not extend beyond the house front. Front facing garages that are at
least 3 0 feet behind the house front may exceed the 40% frontage minimum.
PRIOR ACTION/REVIEW
February 6, 2008 Planning and Zoning Commission Work Session
February 20, 2008 Planning and Zoning Commission Work Session
March 12, 2008 Planning and Zoning Commission Work Session
July 9, 2008 Planning and Zoning Commission Work Session
July 23, 2008 Planning and Zoning Commission Work Session
August 27, 2008 Planning and Zoning Commission Work Session
September 10, 2008 Planning and Zoning Commission Work Session
September 24, 2008 Planning and Zoning Commission Public Hearing
December 2, 2008 City Council Work Session
OPTIONS
1. Approve as submitted
2. Approve subj cct to conditions
3. Deny
4. Postpone consideration
5. Table item
RECOMMENDATION
The Planning and Zoning Commission recommended approval of the proposed amendments 6-0.
EXHIBITS
1. September 24, 2008 Planning and Zoning Commission Minutes
2. Ordinance
Prepared by: Respectfully submitted:
Ron Menguita , AICP Mark Cunningham
Planning Supervisor Director of Planning and Development
'I Ci-IAIRMAN VIIATKINS: The next item would be a public ~ inches into the side or rear yard.
~ hearing, ~A, hbld a public hearing and consider making ~ Again, we are changing language to identify same
3 recommendation to the Denton City Council of the following 3 of the architectural features that were reviewed during our
4 Items: Hold a public hearing ~to consider making recommendation 4 building permit applications.
5 to City Council regarding amendments to Subchapter 6, I.2, 1~ of 5 Item 3, accessory buildings and structure, general
the Denton Development Code. Ron B regulations. This is, again, to clarify some of the standards
l MR. MENCUITA: Thank you, Mr, Chair, members of and regulations that are currently in the Code that need some
8 the Commission. These amendments included are to clarify ~ mare attention to the actual reference 1=or example, this
9 standards of regulations that pertain to the SUP revocation, ~ right here, the combined square footage of the house and
yard measurements, accessary buildings and structure, standards 'IQ accessory structure cannot exceed the coning district maximum
and regulations, expansion, applicability, preservation and 1'I lot coverage listed in Subchapter 5. Subchapter ~ was'not
'I~ mitigation table, screening of right-of-way drive-through use 'jZ included in the existing Code. Therefore, we are adding that.
~3 requirements, lighting and glare performance requirements, 13 And that's the Subchapter that lists the lot coverage by zoning
~4 refuse container screening, and site development requirements 14 districts.
15 far residential buildings, They are what we call quick hits, 15 Stif! within accessary structure, we are adding
'1~6 hopefully. They are to, again, to clarify same of the ~6 that accessory structures are prohibited in the front ar side
standards that are either vaguely stated or are conflicting '17 yard. Th~erefare, accessory structures will only be allowed in ~8 with other subsections of the Denton
Qevelopment Cade. '18 the rear yard of the property that are looking. to put an
19 ~ ~ The first item is regarding SUP revocation. The '19 accessory structure, Accessary structures shall be no closer
issue here is that the current Code rewires that an approved ~0 than three feet to the property line. And three feet is the
~'I building permit be issued prior to the SUP expiring within 18 minimum setback I am sorry yes, the minimum setback that
22 months. riot every uP ar project requires a building permit. is required for you to place an accessory structure.
~3 So there was a case where one did not, and therefar~ would be ~3 ~ncraachment into earner easement is not
Z4 not applicable. So what we are proposing is to and this is 24 permitted In addition, we are adding language to read na .
not included I am sorry, this right here is included in the 2~ portion of this str~rcture, including roof overhangs, may
18 2~
backu.p, the ward expire, which was mentioned at a work session, ~I project into an easement
~ will be included when it does move forward. But it was not 2 The last thing under accessory structure, we are
3 included in your current Staff report. 3 adding language to clarify what is referred to as
4 The proposed recommended new standard, the way it 4 architecturally compatible. "As proposed ar recommended, al!
~ .will read is, "A specii'IC use permit shall expire if all needed 5 accessary structures that require building permits shall be
~ permits far development are ~noi` obtained and construction has G architecturally compatible with the principal structure. The
7 not commenced within 24 months from date of approval, approval 7 following are examples used to determine campatibilify,
8 of the specific use permit, unless a longer period is approved 8 including, but not limited to, roafi pitch, construction ~ by City Council." Again, the intent is
to make sure that the 9 material, color, and architectural details."
'!4 approved permits are applied for and attained within 2~ months 'I~ The exhibit shown here is also in the current
'11 of the SUP,. It doesn't necessarily have to be a building 'I'~ Coale, And what you have here is red line strike-throughs ofi
'I~ permit. It just has to be that every permit required far that '12 text that we are planning to remove to help clarify what is a
13 development is applied for and has been attained. ~3 rear yard, a side yard, as well as a front yard. Again, it is
~4 Yard measurement, Item 2. This is the issue ~4 more to clarify those specific locations within a particular
~ regarding architectural features and haw much they ca.n project lat. .
"I B into the side and rear. This is really more of a 1 G Item 4, expansion applicability. Currently, the
17 clarification. The proposal recommendation by Staff is to add '17 Code allows a nonresidential use to expand 1,gQ0 square feet or
~I$ the last sentence here, and I am going to read the entire '!8 ~S percent, whichever is greater. However, it does not
~9 section ar standard, "Nonhabitable unenclased architectural ~9 describe or let you know if you are limited to just that. So
20 projections, such a porches, stairs, stoops, and awnings, may someone could carne in one year and get an expansion of ~5
2'j extend 7.~ feet into the required front yard setback, or ~4 21 percent of its square footage. The next following year, or two
22 inches into the required side ar rear yard setbacks, years later, they can came back and expand another ~5. So what
23 Projections of w~indaw sills, bay, ar box windows, belt ~3 we are trying to do is set a cumulative amount based on when
~4 harnesses, and other projected architectural features, except this Code was adopted, February ~~th of 2~OS I am sorry
2~ far roof overhangs and eaves, shall .not extend more than 12 25 ~~0~, ~ .
PtANiUlNG AiVd ~ONIN~ P~1B!_EC SFSSI~N .'',FPTFI~IRFR 7d 7f1i]R
. _ - - - - . _ ,.Y,. s,.
'f ~ri .:wwtJ_~.dc~tiiy~..:" .'ee<<~ai"a~A~'~~5.d~
'I Sa it will read, "Nonresidential expansion. Ali 'I citywide, However, are excepting the banks Pram this,
~ buildings shall be required to adhere to the requirements of ~ primarily because sage banks are located in a particular fat ar
3 Subchapter ~3 when the building .expands 1,000 square feet, or 3 location which can't allow or doesn't give t#~em the flexibility
4 2~ pl~rcent, whichever is greater, from the original square 4 to locate adrive-th~roug~h, and therefore allow them the option,
5 footage as of February 20th." 5o the~~square footage at the 5 if they would prefer, to locate adrive-through facility
fi time of February 2~th can only expand 2~ percent ar i,ODO fi separate from the main structure of the main bank,
T square feet. And, after that, it cannot expand any mare than ~ Item 8, light and glare perFormance requirements,
$ that. ~ 8 This is a conflict within a subsection of the Cade, Subchapter
9 Item 5, preservation and mitigation requirement i~. It states that na light can have one foot-candle of
for infill lots. Qn May Est, 2007 we added a Subchapter, or 'I~ illumination at a property line, However, in the same
subsection to Subchapter 7, for infill and special purpose ~1 subsection, it also states that areas designated far pedestrian
'12 districts. It also added definition of infill. And within use shall provide a minimum of one foot-candle light of
~3 that defini~tiol~, infill lots were categorised as two acres or ill~lmination~ It is kind of hard to see, Sut if you had a
14 less, Sa an infill lot ~iauld have to be only two acres ~4 sidewalk on a property liner what are you supposed to do? Are
~5 Now, them was a conflict within Subchapter 13 '15 you supposed to have chaff-foot or ol~e-foot candle
'IG that lists infill fats greater. ti~an two acres. Sa what we are ~6 illurninatian?
~T recommending is to strike through those language that refers 'IT So what we are trying to da here is to allow that ~ 8 to~ infill lots above two acres. And
that's Shawn here on this ~ S it be a one foot-candle throughout the property where there is
exhibit ~9 a pedestl~an walkway, And that's why, as you can read here,
2~ Item 6, screer~ir~g of rigf~t-af--way, There's been 2~ light may not measure more than one-half foot-candle of
some confusion between developers as well as tafF, when it illumination at the property line, except as provided in C. So
reads one or bath of the following shall I a~m sorry let we are accepting wf~ere it says that you must have one foot-
~3 a read what is currently in the Cade. The current Code reads, ~ . candle. And that's the conflict that I was referring to.
~4 "At~y combination of the fallowing may be used," The way it ~4 1Ne, further, state that it is also excepted from
Z~ reads is tflat the combination there is only two items that ~5 when state and Federal regulations apply. The latter part
22 24
~ you can choose, So now when you say any combination, that ~ refers to the land uses or I am sorry --the orientation of
~ means you are looking at implementing two, I mean, because it ~ uses, Light levels to one-half foot-candle only applies to
3 says combination. That was a little confusing, a what StafF 3 nonresidential developments. These are shopping centers and
4 is proposing to do is to add language to read as follows: "One 4 industrial centers, businesses, and sa forth that are adjacer~
5 ar bath of the following shall be used." You have the option 5 to single family or multi-farr►ily.
G of using one of those standards and I apalogi~e, it is not 6 o, again, what we are trying to do here is
~ an this screen, btlt it is in your backup which is a protect the single family and multi-family. Howeverr give the
8 tflree-fast high wally or a minimum ten-foot wide land~ca~pe area 8 commercial industrial and all these nonresidel~tial some
~ planted with a large tree every 40 linear feet. 9 flexibility to have light where they are within, like, a ~0 ~ The idea is to give the developer, the Appiicantr 10
shopping center. Soy for example, if a particular parcel is in
11 the option of the three-foot high wall. Dr, if they would ~1 a shopping center adjacent to another one, it doesn't
like, to have athree-foot high wall, as well as a landscape necessarily have to dire its light at the property line and then
'i buffer, They don't need to do two, but they can certainly do 1~ start another illumination. 1Nhat we are trying to do is allow
14 two if they prefer. Again, it is just mere clarification. It ~4 them to light that area at a level that's compat~ie within the
15 is, mare or less, a wordsmith of haw it reads. 15 shopping center.
~G Item 7, drive-through use requirements. The Now, if it is adjacer~ to a residential, single
~T current Code establishes that drive-through use requirements ~7 family ormulti-family, they would need to dim their lights at
only pertain to pedestrian districts However, the Code 18 that property line. Againr giving more flexibility but trying
19 defined pedestrian district arty property within ne"rghborhoad 'I~ to meet the intent of the Code, and that is to protect the
arld residential 2aning district, ar central business district, Z~ single family and multi-family
~'I which is located within our downtown extending north and south. ~'I Refuse container screening, Item 9a This is an
2~ Staff is recommending that the requirements for 2~ amendment to address the conflict between two subsections, The
23 drive-through uses apply citywide, These standards are 23 subsection in Subchapter 13 refers to I am going.to read
~4 included in your backup and also shown here, Ar , and We ~4 that far you. "Refuse containers ar disposal areas Shoff be
25 are going to or proposing to include these requirements 25 screened from view by placement of a solid woad fence or
RI QNC~lIhff~ ANFI 7fl~llA![~ PI rRl If`. ~P~fil[~A~ fiFATFi~hR~R ~e ~nn~
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2~ 2~
1 masonry veal! as tall as the rel=use container, but not less than ~ originally was to do a little bit of wall, some landscape,
2 five feet In height." That i~ a conflict in a different ~ wall, in order to break it up so it wasn't a monotonous
3 subsection, which is part of the solid waste Subchapter or 3 frontage screening. I'm thinking if we did write it in a
4 subsection which does not allow solid waste but also allows 4 way that said som~efihing in addition to the street tree
metal materials. And the minimum is six feet. So, as you can 5 requirements, the following shall be used, We say A, you knave,
~ tell! which do we follow? fi everything that's listed in A. B, everything that's listed in
~ S.a what we are proposing is that it will read 7 And then C, any combination of A and And, obviously,
8 the Code will read, „Refuse containers ar disposal areas shall 8 how that's written, I think the idea was to be able to use a
9 be screened from view by placement of masonry ar metal 9 chunk of A and then a chunk of B and not have the fence inside
1~ materials.,' I think I have removed wall, which I should have the landscape buffer.
1'I not, So it should read, "Metal materials wall as tall as the 'I'~ COMMISSIONER THOMAS: ~Qn't you think that one or
11 refuse containers, but not less thal~ six feet." so we are '1~ bath basically cowers that?
'13 consistent between two subsections, where it refers to refuse '13 MR. REICHHART: 1Nell, if I decide to do both, I
~4 contd'rners and also with solid waste subsection, ~4 don`t want Staff saying you have to use both continuously along
~5 Lastly, site developrnent requirements, This 15 the entire frontage. I want and the way it is written, it
'I ~ pertains to the 40 percent of tots! frontage of garages. We 'IG could be interpreted that it is both along the entire frontage,
17 are I.ookir~g at proposing ]swing garages. It is not listed an Al~d that's my concern. 1 there. There is some irrterpretatioi~ that Deeds to be done. ~8
Regarding item 7, the drive-through. If we are
~9 With J-swing garages, they are located in the front. However, ~9 going to except banks, if it is goad enough for a bank why
2~ they are not facing the front. So the view of the garage door ~0 wouldn't +t be good enough for some other type ofdrive-through
2~ is to the side. So we feel that Staff feels that adding Z1 use? If you get the visual site line and all you have is the
Z2 swing garages Into the measurement that does not apply to ~ tubes, what's the difference. between bank drive-through and
23 garage facing. is a goad one. And that's what we are ~3 some other, drive maybe fast food is a little bit different:
~4 recommending. ~4 And I question ~f the bank goes out of business or moves, can
25 ~ That concludes my presentation. I understand ~5 another business go in there and use that drive-through,
2~ ~8
'I there is a lot there, If you have any questions, I am able to 'I because it is not a bank drive-through? I dust think if it is
2 answer them at this time. ~ good enough for a bank, it should be goad enough for any
3 CHAIRMAN ATKINS: All right. Thank you, Ron. 3 drive-through.
~ MR, MEIV~UITA: Tank you. 4 Regarding Item S, lighting. The way it is
5 CHAIRMAN V1lATKINS: This i~ a public hearing, and 5 written; I think, either it is ab~rtting nonresidential to
G so X have one card from Larry Reichhart. fi residential, and I am wondering if it includes if it is across
~ MR~ REICHHART. Larry Reichhart, 1G~8 East ~ the street. The I think it was Quick Trip or I think it
8 1Nindsor. I do have a few issues on more typos or wordsmithir~g, 8 was the Race Track on Dallas Drive. When they opened up, they ~ i think. 9 shined ~unmerdfully
across the street. Arid Staff had to work
Item 1, with a specific use permit, the wards, ~a with those folks to try to get additional latldscaping put in
1'I let's see, 'roll needed permltsr' seems a Little wide open. I '~'I across the street and a bunch Of other stuff. So if it is just
12 mean, is that city permits? Federal permits?.State permits? 12 adjacent to, I worry that is the right-af-way considered across
'13 It says all needed permits, It seems a little wide open to me, 1 the street.
'14 Item accessary buildings. The first one, the ~4 And, additionally, now that it is on the
~5 lot coverage is deterrnined by dividing square footage, That 1~ nonresidential adjacent fio residential, if ray neighbor puts a
1 fi definition is different than the definition of how you figure 1 G floodlight up in his back yard, do I have no recourse to say it
17 out lot coverage in 5ubc>7apter ~3, They probably should 11 is over a half foot-candle at the property line by taking out
'IS bath --.I can't help it if it is loud they probably should 1$ the residential component?
~9 both be the soma, or that definition should be referred to Z3 ~9 And the final one regarding the refuse, Item 9, I
2~ or something, The two definitions are different. fihink the term veal[ has to be in there. Otherwise, they could
2"I Issue , screening at the right-of-way. The ideal stack up a bunch of metal material and it would be goad.
I think, the way it ~is written, one or both, I question do I o that was it for rrie. If you have any questions,
~3 have to have a three~foot wall within the ten-foot vuide ~3 I think the intent for all these is good,
~4 landscape area? Or can I do 40 foot of wall and 4g foot of 24 CHAIf~MAN 1NATKINS: Questions?
25 landscape to try to break it up? And the intent, I believe, ~5 COMMISSIONER SCHAAKE: Could we get some could
PLANNING ANd ~~NlNG P~3BLIC SESSION SEPTFMBEI~ ?{~~18
- - _ - .r . :n
r': x~tiG.fwti:ry+{';t~.t,.:.i`r1:.. dirt. rte: W::.:~...y ~i.... .'<..k .:i _ ~
'I we ask Staff to help us with same of the suggestions ~ to 1 MR, MENGUITA: Item G where it talks about one ar
~ whether there could be additional clarity provided to same of both of the fallowing shall be used.
~ t#~e concerns that lave been raised? ~ MR. DRAKE: Hang on a minute. Okay, Afl right,
4 CHAIRMAN 1NATKINS; Yes, I think we could., 4 Naw, what's the comment?
a MR. MEiGUITA: Ta address the comments received 5 MR. MENGUITA: The comment from Mr. Reichhart is
fi under Item 1, the StlP application, I think the intent there is G does both mean that you were to have a wall and a landscape
~ fa.r all city permits. I think we had city, Hopefully, that 7 buffer within the same area? Or can that be wall and then next
$ will address Mr, Reichhart's comments on that one. 8 to it be the landscape buffer and so on?
9 CQMMISSIQNER ~CHAAKE; Add clty into that one is 9 I~lR. DRAKE: The way it is written here, it says
~0 the suggestion #rom staff? ~0 shall be used, You knave, to tell you the truth, I think it was
'11 1~1R. MENGUITA; Yes. Correct. 'I ~ clearer before, in my opinion, to say any combination may be
CGMMISSIONER THOMAS: only city permits. 'I~ used, I don't think that the change, in my mind, clarifies
~3 MR, MENGUITA: Correct. Item Larry just '13 ~ anything, I don't know. I guess people can differ in their
14 pointed cut that is a conflict. What I suggest is maybe ~4 opinions on it.
95 striking the last sentence and they the fat coverage definition ~5 COMMISSIONER LYKE; I Dave a comment, but when you
would be in Subchapter ~3, and we won't have a con#lict. Sa 'I ~ get there.
. '17 the suggestion that I have is to strike where it reads, "Lot 1~ MR, MENGUITA: On which one? 'I$ coverage is determined by dividing the square footage of ~8
CaMMISSIGNER LYKE: On So go ahead.
'1~9 structures by the.lat square footage," If somebody wanted to 'I9 COMMISSIONER CHAAKE; So you have changed Item 6
~0 know a lot coverage, they can refer to 5ubcl~apter 23. And that ~0 by making it a restriction. But if you say one ar both, I
is what we probably would like, ~ 2'I guess, the question was they can be happening at the same time
COMMISSIDiVER EAGLETON: Would you then put that in ~2 in combination, So maybe ]erry has a point about the clarity
23 ti~at soon? ~3 being a combination.
24 MR, ME~lGUITA: We can refer to Subchapter ~3 fora ~4 COMMISSIONER KING: Either one.
2~ definition of lot coverage, 5 MR. DRA1~E: I think the key is changing may to
3~ 32
CQMMISSIONER SCHAAKE: Sa you said we would put a 'I shall is where I think it really is. If you. have the may,
~ reference? . ~ either one of them gets you there. You say any combination may
3 MR. MENGUITA: Yes. What I will do, rather than 3 be used, or one or both of the following may be used, What
4 strike that and leave it as it is, what I will add is refer to 4 that says is you are permitted to have ane of these two, or you
5 Subchapter 2~ for the definition of lot coverage. 5 are permitted to have both of them.
G Regarding Item 6, one or both of the following, G MR. MENGUITA; I think Staff will be fine if we
7 shall be used. Ti~at really is an interp~etatian I see one way. ~ just remove the term shall.
$ I don't Dave any suggestions, unless the Commission has $ MR, DRAKE: But you can't have zero. You have got
9 something they would like to see to address Mr. Reichhart's 9 to have ane ar you have got to have both. "I~ comments. I still feel that ane or both would allow someone
to CDMMiSSIONER THOMAS: Unless you keep the farmer
1 do a wall, and then maybe landscaping adjacent to it, and so 'I language of may,
'12 on. That's how I read it. Unless there is any other item, i 1~ MR. DRAKE: Ore or both may be used. Or any
13 prefer we keep it as it is, '13 combination may be used.
'14 COMMISSIOh1ER EAG~ETON: It seems to me that would '14 C~MMISSIOf~ER THOMAS, May is a choice word. Shall
'15 not be a problem. unless you were talking about an MPC ar '~5 is a commandment.
something which would have i.ts own 1 fi MR. DRAKE: You can use either of the two. You
'I~ MR. MENGUITA: Standards, 17 just can't elect to choose neither.
'18 CQMMISSIONER EAGLETON: Yeah, standards and 1S MR, CL~NNINGHAM: How about if we simply say one or
19 guidelines. So that just doesn't seem I#ke it would bean "19 a combination of both may be used?
~D issue to me. COMMISSIONER T~iOMA$: Sa we are striking shall and
~1 CHAIRMAN WATKINS; Your turn,lerry. putting may?
MR. DRAKE: I am Sorry. I was focusing on this 2~ MR, CUNNINGHAM: One or a combination of both may
23 other issue, Yau guys are going too fast far me. okay. Catch Z3 be used. .
~4 me up with where you are. ~4 MR. DRAKE: Or a combination of both, That's kind
COMMISSIONER SCHAAKE: Screening of right-of-way, of redundant.
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1 MR. CLfNNIiVGHAM~ You can da all wall, or ail ~ shalt.
Z landscaping, i~r wall and landscaping, ~ MR. MENGUITA: So one of the following shall be
~ COMMISSIONER THOiwIA o you have three choices? 3 used.
4 COMMISSIONER SCI~AAKE; 1Nhich is where we were with 4 COMMISSIONER SCHAAKE; Right. And C will be a
~ any combination may be used, ~ 5 combination.
~ COMMISSIONER iCIiVG: A combination makes it appear ~ MR, MI=HGUITA: A c~mbinetian~
7 that they are both required. It is almost there that either 7 COIHMISIaN~R SCHAAKE: Of A and B,
8 one or a combination of bath. S MR. MEI~GUITA: ~ Okay. Item 7, where Mr. Reichhart
9 MR. MENGUITA: I thin#~ that clears that up, ~ referred to banks and how we are excepting them. It is Staff's
'1D MR. DRAKE: vuhy doh't we just say either or both 10 recommendation that we can remove that exception and leave it
.of the following may be used? '11 as is, Because we really haven't looked at other land uses at
'I~ COMMISSIONER KING: EitherJor. 12 this time, or other entities. So if we were only identifying
'13 COMMr5I0NER THOMA5: That's the same thing. ~3 banks, then I think it is unfair to move that forward without
M.R. Cl1NNINGHAM~ Six of one, hell a dozen of the 'I~ looking at the others.
other. The intent is that you can either use all landscaping, '15 COMMISSIONER THOMAS: But a bank structure is
16 ai:l walls, or landscaping, and walls. So one ar a combination '~G completely difFerent frarn anything else that requires a
'I~ of both. Or how Jerry said it, ~7 drive-through. And use of a bank for a difi:erent type of
~ COMMISSIONER THOMAS: There you go. ~ $ drive-in purposes at a later time would be kind of hard, Not 19 MR. MiiVGUITA: So what it is going to read is, 1~ to
be cute, but it is really hard to get a burger or a shirt
"one ar a combination ~f both of the Fallowing may be used." through a bank drive-through,
Z1 MR, DRAKE: Again, combination of both is ~'1 MR. MENG~JrTA: I guess Staff's reason is we
redundant If you are saying bath, by definition that is a ~1 haven't really explored that, Sa we are leaving it out et this
~3 combination. I mean; sa why wa~uld you ever say 23 time, is Staff's recommendation, However, that is just Staff's
~4 MR. CUN NINOHAM; Not neci?ssarily. ~ If you say one ~4 recommendation
or a cambinationr you are saying okay. I see what yoi~ arir CaMMrSSIONI=~ THOMAS: Taking it out?
~4 3~
~'I saying, Gatcha, You are right. ~ ~ MR, MENGUITA; Taking out except for banks. But
MR. DRAKE; 5o ii: you say one or both,l7r either ~ it is the Commission's choice haw you want to approach it,
3 or both ~ 3 COMMISSIONER SCHAAKE: Isn't ~it also possible that
4 MR, CUIV NINGHAM: At the same tune, if we say rnay, 4 there are a few other components of this Subchapter that are
. 5 it is paying that you don`t have to use it. 5 coming back, ff ~taffi wants some time to think about this
G COMMISSIONER LYKE: I think we need to say shall. G exception and other uses?
~ MR. DRAKE I will certainly defer to the will of l MR. MENGUITA: we can pull this.
8 the Commission. But I think when you say may, is that you are $ COMMISSIONER SCHAAKE: we can pull this one piece
permitting either use of one or the use of bath, you know, to 9 and bring it back with the others that are going to come at a
'I~ be used, But if you feel it is clearer to say shall, then later time, so that we aren't quickly approving somebody and 'I'I COMMISSIONER EAGLE=TON: If you don't
use shah, "1 then realizing that we should have considered it a little more
you leave it open to not using a17y; ~2 in depth.
'13 COMMISSIONER LYKE: You ray or you may not. '13 WIR. MENGUITA: And we can look into other uses, if
'14 MR. DRAKE: avail, yeah, The may is your choice '14 there are any, that also qualify for this exception.
'15 between either or both, the way it is written. But, you know, 1~ GOMMIS~IQhlER SCHAAKE; I think that would be goad.
~fi certainly you can say shall. ~G MR. MENGUITA: okay,
COMMrSSIO~IER SCHAAKE: Well, I believe there is ~ ~7 caMMISSIaNER SCHAAKE: Sv remove Item 7,
'I$ also a suggestion of A, B, and C. And C was a combination aF 18 MR. MEfVGUITA, Item 8, tl~e term adjacent. I think
'19 bath. And then you wau~d say one of the following shall be '19 we can change that to abutting. so that now it only refers to
~D used, ~0 lots that are abutting each other, rather than the example that
MR, DRAKE; r guess both A and B. ~'I Mr, Reichhart had stated. If there is a street, I mean,, across
CpMMI5SI0NER SCHAAKE: So C is a combination, I 2~ the street can be adjacent, But abutting would not qualify
23 think that would save us from the ~3 across the street. It would be not the same. Does that make
~4 MR. CUNNINGHAM: That's why you are a professor. ~4 sense? We will change the term adjacent to abutting. Abutting
Z5 COMMISSIaNER SCHAAKE: Then we can ga back to ~5 would mean a property that shares the same property line.
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~ MR. DRAKE: So when they abut is what you are MR. pRAKE; Weil, maybe what we could do is just
intending? ~ leave the adjacency language in there and add a sentence for
3 MR. MEiVCUITA: That's correct. ~ 3 the purposes of this section that adjacent includes .lots that
4 COMMISSIOiER SCHAAiCE; Was that the concern that 4 are across a public street fram, ar something of that would
~ Mr. Reichhart noted? 5 that suffice for now? It may not be the most elegant way of
~ MR. DRAKE: I don't think so. Yeah, I think he is G doing it, but it would at least aduance the ball.
l talking about the apposite case, where if there is a 7 COMMISSIONER SCHAAKE; In a forward direct€on.
~ residential neighborhood across the street fram the 8 MR. BRAKE: And we can work an it same mare. If
9 development, that the glare fram that development can still be 9 there is a more elegant way t~ say the same thing.
1~ disturbing to the neighborhood. And so I think, if I 'I~ C~MMI~~iQNI=R THOMAS: Across the street from
'I 1 understand Mr, Reichha rt correctly, lie was war~ting to say if it ~ 1 would that be flowery er7augh for
1~ is not abutting, but merely across the street fram, that you ~2 MR. DRAKE: it is plenty flowery forme.
13 may have to be sensitive to these needs in that circumstance, ~3 MR. ME~EGUITA: We will make that change and share
~~4 as well, 14 it up with legal to also include the properries across the
MR. REICHFiART: That's correct. 'I~ street, as well,
'~G MR. BRAKE: I think was taking adjacent to mean '16 MR. DRAKE: Yeah,
17 the same as abutting in that context. 'IT CQMMISION~R SCHAAKE: If you do that so it
'I$ COMMISSIONER SCHAAKE; And I agreeF And I think 18 satisfies the intent ar7d keep it within legal, that would be
'19 that the example that was given, where you could have an ~9 fine. establishme.nt ga in across the street and cause a great deal of ~a MR. MENGUITA: The last
item I commented an was
Z'I disruption to the residence. So I think that it would behoove ~'1 the term wall. It was inadvertently deleted or struck through.
us to think about this and state it a iittle.differently to ~2 We will keep that
23 prevent that from happening. ~ ~3 COMMISSIONER LYKE: t would like to make a
24 MR. DRAKE: Maybe one of the things that we could 24 different suggestion. Is that structure called samethir~g like
25 look at I noted this comes up in other contexts is that 5 revetment?
8 4~
~ we make huge effort in actually, I am looking at some Zoning 'I MR. MENGfJiTA: That's correct.
~ ordinances as we were working tonight..1Ne make a big effartta ~ COMMISSIONER LYKF: Can we say replacement of a
3 say that we rezoned a particular' lot, but the rezoning goes to ~ revetment consisting of masonry or metal materials as tall as a
4 the center of the street. Sa that even beneath the street, you 4 refuse container? Would that work?
5 could theoretically Have two different zoning uses under the 5 ~ MR. MENGUITA: Read it one more time.
fi street that are never used, ~ fi COMMISSIONER LYKE: It would be refuse containers
7 Maybe we could have something in the Cade to look 7 ar disposal areas shall be screened from view by placement of a
$ at in the future to describe adjacency and what standards $ revetment consisting Qf masonry ar metal materialst et cetera.
~ apply. And rather than faces too heavily on whether the ward 9 Does that work? . 'I~ abut ar whether the word adjacent is the more correct one, we ~D COMMISSIONER
SCHAAKE: Is that simply a word that
1 would have something mare general that wo cauCd take a Cook at 1 means wall?
in the future. ~I~ COMMISSIONER LYKE; I think it is the official
~ COMMISIQNER THOMAS: What language did we look at ~ word for that thing.
14 in the infill development? Because we referred to a property ~4 MR. MENGUITA: Referring to the enclosure.
1~ across the street in that, So that's a similar type of 15 MR, DRAKE: It is not merely a wall, but it is the
'Ifi verbiage, whatever words we used there should apply. 1 enclosure, itself. It is a walled enclosure that you typically
11 MRF DRAKE: Do you remember what context that was '17 see around these dumpsters. I am looking to see if it may
'I$ in? I have got the standards here. ~8 already be defined.
~9 MR. MENGUITA: Subchapter 7. MR. CUNNINGHAM: I don't oppose to the word
20 MR. pRAKE; It says 1~, but I don't know what revetmentF But if we are going to use it, we need to have a
~~I section we are referring to, definition for it in the definition section, sa in the future
~2 MR. MENGUITA: I think if you go to the ~2 there won't be any discussion ion ambiguity ar argument an what
23 definitions, Subchapter ~3 may have it, It is also, I believe., ~ ~3 is a revetment and what is not a revetment.
~4 defined in under Item S of the backup where we talk about ~4 MR. DRAKE: That's not something that's €ncluded
~5 infill lots. Contiguous is the term. ~5 in Subchapter ~3, general definition section, so
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~ MR, CUNNII~GHAM: So we can use revetment, but add to Subchapter ~3 for definition, I mean, there is any number
~ a definition to it. ~ of different ways of doing it. A Cot of the codifiers we
3 PAR. DRAKE: 1Nell, maybe what we can do is we can 3 are trying to get this Code codified by the Municipal Code
~ verify that the word revetme~it is uniquely defined as enclosure 4 Corporation. And we like to try to keep their editorial
5 around the dumpster, or scrmethin.g of that nature, If. not, we 5 references for the whole Code in a consistent fashion,
~ will add one to mean that, ~ ~ G Sv I think there is a desire to not tie their
ActuaCly, I need to g~a hack a ~mi.nute to, let's 7 hands in that regard by specifying particular verbiage for a
$ see, Item No. 3. And this goes back to something that I raised S reference that all we really mean to do was to refer the user
9 in the work session earlier, where we have the reference lack ~ to Sub~cFlapter ~3, We don't really care hQw they do it, But
'I~ to S~Ibchapter 23 for the definitions and, you know, at some what we really intend is for there to be an immediate reference
'I'I point some srrlark aleck may change Sl~bchapter 23 to Subchapter to it.
29, or something of'that nat~lre. And rather than having that ~2 COMMISSIONER CHAAKIy: And that chapter is a
~3 be a part of the ordinance, itself, if we could, you know, have 13 definitions chapters .
14 that beat least a parenthetical, or like an asterisk footnote 14 MR. DRAKE; Right.
15 that is sork of an editorial reference back to Subchapter 'I~ COMMISSIONER SCHAAKE: o I thi~lk you should say
'I G far the appropriate definitions. 9G what it is so they know that you are sending somebody to
'17 COMMISSIONER THOMAS: Were footnotes allowed in definitions. '1S these? ~ ~8 MR. DRAKE: Qkay.
~9 MR. DRAKE: lure. ~9 COMMISSIONER SCHAAKE: Then it means that that's
20 COMI~IISSIONER SCHAACCE: It could be a footnote, but ~ what you are Eooking for, is the definition, as long as you .are
couldn't it, also, be defined here? ~"I writing the footnote.
2~ MR~ MEl~OUITA: ]ust put the dei*Inition. MR. MENGIJITA: So Staff is recol~mending that we
i Z3 COMMISSIONER SCHAAKE: Put the definition from 23 approve recommend approval for all Items except far Item 7.
Z4 Subchapter ~3 sa we don't have to keep floating back and forth. COMMISSIONER TH~M~AS: 1Nith the necessary changes.
25 MR. DRAKE: If you do that, and somebody changes 25 MR. MENGtiITA: With the necessary yes.
4~ 4~
1 the definition in one spot, I can almost guarantee you that it ~ CHAIRMAN 1NATKINS: I would like to ask if there
~ won't be caught for the other one, And that's the danger, And 2 was anyone else that had anything on this public hearing for or
we see it happen all the time, I mean, I understand the 3 against? Anyone else that has to speak for ar against?
4 concern. I understand the desire to do that. 4 Okay. I will close the public hearing and
5 But, honestly, it does happen where you start off 5 discussion,
~ with the same requirement, or the same definition be contained G COMMISSIONER THOMAS: In light of that, I would
~ in two different places. And then the next thing you known it 7 recommend approval of these changes, with the exception of
$ is exactly as Larry pointed outF Somebody tried to change 8 omitting is it Item 7?
9 this definition here by putting in that second sentence. And, 9 COMMISSIONER SCHAAKE: Item
'10 fortunately, harry was here to patch that it was inconsistent COMMISSIONER THOMAS: For the time being. '11 with Subchapter 2~. And if he weren't here, it would
Rave 11 COMMISSIONER SCHAAKE: I second.
'I~ happened that we would have had two inconsistent definitions, COMMISSIONER.THOMAS: I feel I need to put that
~3 So that's really illustrates very well why we really ~3 extra little bit in there, with the discussed Changes that we
~4 sho~lldn't have, you know, hard cal! definitions in two 14 pontificated on for the last 15 minutes,
1~ different Locations, if~we tan avoid it. 1~ COMMISIONER SCHAAKE: I do second.
1 fi COMMISSIONER SCHAAKE: So we can avoid it by using 1 fi CHAIRMANI! 1NATKINS: Second? I have a motion and a
1 ~ a foptnote? 'I7 second to approve, with the exception of Item 7 and the changes
'I S MR. DRAKE: Yeah. Some kind of an editorial 18 that were made, Please vote on the board. Someone yours
'19 footnote. that's not a pelt of the Code, itself, But when it is '19 didn't take.
20 published, when it is printed, what have you, that we have an ~Q COMMISSIONER SCHAAKE: It didn't catch?
1 editorial footnote so that the user of the ordinance will lee 21 CHAIRMAN WATKINS: TherE it is. Six to zero. It
22 directed to Subchapter ~3 for the definition. 22 passes. Thank you.
23 COMMISI0I~ER THOMAS: So the actual language you ~3 I'm down to future agenda. Anyone have anything
24 want to say is for reference, see Subchapter 23? 24 for tafF? Stafl: have anything for us? I shall consider us
~5 MR. DRAKE: That could be. It could be just refer ~5 adaourned~ Thank you for coming.
. PI AAINIh~[; ANI~ 7f~NINf; Pl IRI IC' RF,SIC~N ,FPTFMRFR 74 7l~f1R
. y
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45
1 (Adjourned at 7;97 p.m.1 2
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PI AA1N~~IC AAIn 7C]N~N~ PiJB~~C SESSi~N SEPTEMBER 24.2008
s:l~ur documentslo~dinances1081dca08-U~~2.dacx
ORDINANCE N.
AN ORDINANCE ~F THE CITY ~F DENTIN TE ~A, AMENDING TCHAPTE~ , I ~
AND ~ QF THE DENTIN DE~EL~PMENT T~ CL ARMY STANDARDS AND
REL~,ATI~NS RECxA~DIN SUP RE~~CATI~N YARD SAS ~]RENIENTS, ACCESSARY
BU1LD~~ ~ ST~IJC'T[JRES GENERAL ~ECLATI~N E ANSI~N APPLICABI~.,IT'Y,
PRESER~VATI~N AND IVIITIC~ATI~N RERElVIENTS FAR n~TFIL L LETS, LIGHT AND
C~~ARE PER~'~RANCE REQUIREMENTS, AND SITE DEEL~P1ViE NT REU~REENTS
FAR ~EIDENT~ BUILDINGS; PR~~IDPV PAR A PENALTY IN TIC
ANf AUNT $~,a~0.aa ~'~R ~LATI~NS THERE~P, SE~TERABILrTY ,AND AN EEFECTI
DATEg ~DCA~-44~~}
WHEREAS, pursuant to Drd~nance No. ~Oa2-~40 the ~ Council of the Ci of Denton,
Teas adopted tha Denton Development Cade the "Develo meat Code" ~ an ~ d
WHEREAS, after providing notice and aver conductin a ublic hearin re '
th ~ qu~red by ia~v, e Planning and honing Commission recommended approval of certain char es g to Subchapters
12., and I of the Denton Development Code; and
WHEREAS, after providing notice aid aver conductin ublic hearin as re
tlxe p g qu~red by la~u, City Council .nd that the subs ect changes to the Develo n~nt Code are ~ . p con~stent .th e
Caprehens~ve Plan and are m the public 1r~terest; N~ THEI~EE~RE x ,
THE CITY COUNCIL THE CITY 0~` DENTIN HERESY ORDAINS;
SECTION 1. The findings and recitations contained in the rean~ble of thi ' . p or~.nance are
Yncorparated herein by reference as true.
SECTION Subchapters , ~ , and 1 are amended to reflect the ch ~ . angel outlined
Exh%bit "A"attached hereto and tncarporated herein by reference ali revisions '
to r p not changed herein en~aln as ~vr~tten.
SECTION . Any person violating any provision ofthis ordinance shall t~ an . . , p conv~ct~on, be
dined a sung not e~ceeding $2,~a~.aa. Each day that a revision ofthis or ' ' p dunce 1s violated. shah
constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance yr the a licatian thereof pp to any person or
circnstance is held invalid by any court, such invalidity shad not affect th.e va~i ' duty of other
prov~slons or appllcatlor~, ~ to till end the prov~slvns th1 ordinance e severable.
SECTION . This ordinance shalt become effective fourteen 14 da fr '
ys onl the date of Its passage, and the Crty Secretary is hereby directed to cause the ca Lion of dais ord'
p mane to be published Mice in the Denton record-Chronicle, a Bail nevus a er ublished ' . y p p p ~ the City ofDenton,
Texas, v~ithin ten X10} days ofthe date of its passa e. g
s:lour ~ocurr~etz~lordinan~es~OSldca~8-0~02.docx
PAED AND APPR~~VED thrs the d~~]y/] of Y ~ ~ V ~ f
AT'TES'T.
J~NN~ER ALTER., ~I'~Y E~ETY
1 ~
~PPR~~ED A LEGAL F~RNi:
A.~ITA B~TRE, CITY ATT~R~EY
B~
Page ~ 2
s:loin docume~~lordi~a~ces1081dca~S~00~2 e~tibi~ a.doc~
ubcha~ter ,G.~.A~, ~f the DDS is mended to read a~ ~llaw
~evocati~a • A~a~donnter~
A ecifc Use Permit shall expire pity er~nits for develo rr~en '
P p tare not obtained and construction has not commenced v~ithin twenty-four months from date of ~ r
p oval, unless a longer period Is approved by Icy ouncll.
Subchapter ~.1~.~., of the D~ i~ amended to read a~ f~~lo~:
Yard ~Icsurcrr~,
~1on-habitable, unenclosed architectural. projections such as rches stairs st '
. pops, and a~vlungs nay extend 7.5 feet Into a required front yard setback, or ~4 inches into a re aired side nr
rear hard setbacl~. Pra j ect~ons of v~indQV~ si1~, bad ar boy ~.ndov~s belt ca~rses ca `
. ~ rn~ces, and other prod ecttng architectural features, except for roof overhangs and eaves shall nat extend more
. ~ than twelve ~~2} inches Into the required side or rear yard.
Subchapter .1.4.8, and re 1 of the ~ are am
~ ended to read a~ foll~~s.
Accesso ~udin d ~Str~r~,re,~,
~ . general Regulations
l . The combined square footage ofthe house and accessa structure Cann
at exceed the zan~ng district maxlmurn lot coverage listed in ubcha ter .
P
Accessary structures are prohibited in the franc ar side ard.
y
3. Accessory structures shall be no closer than three ~ feet to a ro lin '
~ } p perty a located m the rear yard. No accessory structures shall be laced in an easement.
p y
4, The parl~ng of vehicles Is nat allayed rn re u~xed side and exce
. . ~ y pt where the . garage Is m the rear and not accessed from an alley.
5. The praperty owner is responsible for loctin roe lines and Bete , ,
p p rmin~ng lot square footage. The pity does not provide surveying services.
Encroa~chn~ent Into a recorded easement is not `tied. ~o ortian of . ~ p the structure
mcluding roof overhangs may project into an easement.
7. All accessory structures that require ~ a buildin er~ntt shall be ar ' g P clntecturally
compatible with the principal structure. The fol~o~vin are exam les used to . P
deten~une architectural compatlbxl~ty, lncludin. but not limited to roof i g p tch,
constructlvn material, color, and architectural details or shall be screened from
abutting properties and the public right of ova .
1
8. Cue~t quarters sha~~ be ~oeated on same dot as a~ e~is '
tang detae~ed single-~amf~y use and may ~e located Within or attaeed e rci ai build~n or in
. ~ ~ g a detaeed accessory hu~~ding.
Na more ~ one ~1}guest quarters er tract or lot shah ~
~ e allowed,
10, ue~t quarters sh~I not ~e used a~ rental units,
~~Y::::..~ .
' ~ ~ . .
~ f~~~
'r~IF'~i~lk;M6AlY;a1Y~'~;r.~ W r.r.~ri~'^1ti'+r4'~fa1F~ r~ r:N rr'~~~
y,
~
. ,T'E'S.+~"~ . - •r.~~.~,_
Fm1~Y 0
S~e.'et"
abchapter 5.1.. ~~ps~on ~p Table of the
~ ~ ~ a~ende~ to read a~ follows:
Pr~oced~reliar~s e ~
boa-res~denti e~paasloa Ail buildin s shalt be re u~xed to '
q adhere to ~ requirements of subchapter ~ 3 when building expands aced an Haar area ~
, ~ 1,~0~ square feet ar 25 ~o ~v~chever is greater from the original buiidin s uare faota e
g ~ g a of l~ebruary ZO~~ ~B~T NAT E~~~~lN ~ ~,O~D ~ ~'~R TAIL 1J1~ .
Table 3.1~.7.A. of the D~] ~ amended to read follows:
~'r Preserva~ior~ aid La~cc a Re uirerne~
Table .1.7.A
Preservat~oa ~+Iit~get~oa I~equiremen~ for Intl dots
~ ~ ~ ~ . ,
4
Less t~a~ ~a~°ra acre Preserved None Nose None
ore
I~removed, acre to I ~~°Io m~tlgated at If remove miti ated
I acre a N°~e d' ~ None ~ •0.5 at a 1:0.2 ratio.
ratio.
1 acre to I~remo~red,
100°I~ mitigated at None If removed, mitigated .0 acres at a 1.0.5 ratio. None
a ~.1 ratio.
abeha~ter 3.1.1. of the ~D is amended to read as fohows:
~t ~ ~ Pe or~sare ~e uir~~.
All lighting ~ developments other than s' le Tamil shall inee '
y~ t the follovvi~.g standards;
A, Light may not measure more than ane~half foot-candle of ill •
u~nat~on at the property line,
except as provided "7' below and v~hen state and. federal. re atians ~ . ' ~ pp y Light levels
to one-ha~ffoat-candle at property lines ordy ap lies tonon-residential d p evelopments when
they are adjacent to single family or malti~fl residents ' y al uses, ar if adjacent to
undevesaped land within a residential Bonin district this includes r ~ ~ p operty acrass a street ar
alley}. For non~reidentias developments com used ofn~an lots s ' . p y , uch as a shopping center,
the light levels do not need to be restricted to one-half foot~candl ' ~ , e ~lluniination at internal
property lines.
B. Lights shall have shields installed to revent the u ward di . ~ p ffus~on of lih#,
Page - 3
Areas designated far pedestrian use shah ro~~de min%~ ~ um of one foot-candle of
~llu~nat~on.
ub~hapter a.~,1.~.~. of the DDS amended t~ reed fill o~~.
S'i~e ~e~e~O ~rer~t R ~ire~.
The garage door shah not occupy more than 40% of the total b ' •
u~~d~ng frontage. This n~easure~nent does not ap~lY to garages facing n a.~ley, co and entrance or ' -s.n
~ ~ garages, Any garage nay not extend beyond the house front, Franc faun ara es
g g g that are at least 3 ~ feed behind the house front may exceed the 40°Io fron a minimum,
Page - 4
1
This page left blank intentionally.
a
r s.lnur ~ocumentslmiscellaneous1~811209~$ ais p~rc~asing pre~erences.~ac
~Vr~~~A I1~F~RlV1AT~01~ ~~T
DA"I'E: December , ~a~~
DPART~NT: Legal Department
IDIV~A~IVI: Anita Burgess, pity Attorney
~JBI~T: Consider approval of a resolution of the pity council of the pity of Denton, Texas,
autha~.~ing the wing of preference to goods and services of a vendor that demanatrates that
the vendor meets or exceeds any state or federal environmental standards, including voluntary
standards, relating to air quality or requ~ra.ng that a vendar demonstrate that the vendar meets ar
exceeds any Mate ar federal enviranrnental standards, including voluntary standards, relating to
air quality if otherwise meeting the requirements of max. o~'~' ODE section Z71.9~7; and
providing far an effective date.
BAI~R~T~N~I: n November ZG, ~a~8, Ash Grave Texas, L.P. Bled sort in the matter of
~4s~ Gave T'exa~, ~.P. v. ~'i~y o~ f ~a~~as, C~~y of ~'ar~ ~Yor~h, its of ~4r~i~ato~, 'icy of ` ~~arao,
~a~~~s C'au~~y ~~aals, ~~t T'arrant 'aunty, base ~:~5-~,OZi l4-~ in the U.~ District aunt,
Northern District of Texas, Dallas Divlsron~ ~ light of this development, the pity Attorney
requested additional time to review the pleadings against the other avern~mental entities which
have passed "green cement" resolutions and to discuss the matter v~ith the City auncxl in closed .
session.
OPTY~N;
~ , Adapt the resolution as provided in Bxhibit 1.
Z. Modify the proposed resolution and adept as n~adified. 3. No action.
REDIVIEN~DAT~DN; Take apprapr~ate actlDn follang dlscuss~an 1n Bxecutlve esYOn.
PRIM AI~TI1~1EV~E: ~o~nc~l, Boards, o~nmissio~s}
~Vlay 2~~8 Presented to ltd ~unC11 ~n~nltte~ an the Bnvironn~ent, with
recommendation for presentation to the full ~auncil during worl~ session.
June 2~~8 Presentation to the pity Council during v~ark session,
epte~nber S, ~~~8 Prese~.tation to City council ammittee on the Bnvirorunent cancernin
bacl~ground of green cement issues and relationship to DF~v air quality
concerns. Recommendation to staff vas to determine the impacts of
adapting a green cement resolution far Denton and obtain information
from other n~un~c~palltres that adapted sII1111ar resolutions.
i
s:loar docurrren#slmiscellane~~asl~~11~~9~8 ais purchasing pre~erer~ces.doc
November , 2~OS Presentation to the City Council omn~ittee an the Envixonrnent, i~eludin
sun~nary of Dallas, Fort worth, and Plano results, summary a~ recent
Denton cement purchasing history, and drab resalution. Reeamn~endation
to staff was to bnn the resolution to full councl~ on December 2 or 9,
December 2, 2008 Discussion was had with regard to the passage of a `{green cement"
resolution. In light a~ a lawsuit fled on November 205, in the matter
of ~4s~ Crave ~'exas, v. ~~y o~'Da~Ias, pity o ~Yor~h, icy o~ f
~#r~~~~on, '~~y of ~a~o, ~~~~as "o~~t~y ,~c~to~Is, and ~'arra~~ ~`o~n~y,
base :OS-CV-02114-~ in the U.. District Court, Northern District of
Texas, Dallas Division involving other governmental entities which have
passed "green cement" resolutions, the City Attorney requested additional
time to review the pleadings filed by the plaintiff in this case.
~xi~~B~T~
1. Proposed resolution as exhibit
~espect~ully submitted,
{
Anita Burgess
City Attorney
Page 2
r' s;~nur d~cr~mentslresotutions1081purchasing preference due to sir qua~ity.doc
RES~LUTI~N N~.
A RES~LUfiI~N ~F THE IT ~UN~L ~F THE QTY ~F D ENT~N, TEAS,
AUTHORII~C THE ~~vIN ~F A PREFERENCE T~ ODDS AND SER vIES ~F A
VENDER THAT DE1V~NTRATES THAT THE VENDER MEETS DR EEE D ANY
STATE ~R FEDERAL ENVIRONMENTAL STANDARDS lN~,~D v OLUNTARY
STANDARDS, RELATING TO AIR UALIT~ OR RE R~~ THAT A VENDER.
DElV~NSTRATE THAT THE ~END~R MEETS ~ E~EEDS ~ STATE OR
FEDERAL EN~~RONENTAL STANDARDS, n~LUDINC VLUNTAR~Y ST .ANDARDS,
RELATING TO AIR QUALITY IF OTHERWISE NIEET~N THE RE U~REME ~ NTS OF
TES, LOS, G~V T CDDE SECTION 27I,907; AND PRVID~JC~ FOR AN EFFECT . IvE
DATE,
WHEREAS, a1r pollution is a ~rn~fxcant environmental issue that can threaten hurna~n
health and negatively impact the ecological systems of the planet; and
WHEREAS, the Dallas-Fort earth {DF} area is currently ranked s the seventh most
polluted United States urban area for ozone pollution by the American Hurt and Lun
ASSQC1at~on; and
WHEREAS, the pity of Denton is located in the DF non-attanent area far atone air
pollution as that term is defined by the I~EA~TH CEDE section, 8,001 ~ and
~HER.EAS, the primary Air Pollutants of concern for the DF~V re 'on include NOx
volatile organic carnpaunds ~VD~s}, particulate matter ~PIVI}, carbon dioxide D2 and Garb . ~ on m.ano~ide NCO}, all of ~rh~ch must be reduced to improve
air quality and meet state and federal
regulations; and
~-IEREAS, some of these Air Pollutants also contribute to climate char a and the
related environmental concerns; and
WHEREAS, the sources of these Air Pollutants include, but are not limited to vehicles
construction equipment, and stationary "paint sources" such as tar a scale roc
. p ess heaters oilers, incinerators, metal production facilities, aggregate kiln, lime kilns cement kilns and
any other paint source paltuters identified by the North Central Texas aunci~
of Crovernments {NTO~; and
WHEREAS, the pity of Denton purchases various materials for use in inunici a1
P pray ects; and
HEREAS, the qty of Denton ~s committed to exercising environmental stev~ardsh~ b
develo in and lementin alicies P ~ p g p g p to improve the health of its citizens and ensure Protection
of the enviran~nent; N~, THEREFORE,
` s,l~ur ~~cumer~tslresolu~i~ns1~81purchasing preference due to air ~uality.doc
T~~ ~L~NII1 ~F TH.~ CITY ~F DE~VT~N I~REBY~ ~E~I,~:
~T~~~ 1. The pity l1~Ianager is hereby authari~ed to ins lerr~ent the urchain
cafe ~ ~ p rence specified TE. ~,o~. ~ov'~r ~~n~ section ~71.~7 order to irn rove the air unlit
~ ~ Y m the pity of Denton and the DF region.
~T~O~ The pity tanager may, so bong s the pity of Denton remains in an air
gallty nonattaint~.ent area as defined 1n TES. ~IE~~,TH ~QD~ section ~5~,~~~ iv
preference to goads or ser~.ces ~f a vendor that demonstrates that the vendor meets or exec eds
any state or federal environmental standards, including voluntary standards relatin to air g
quality; or require that a vendor demonstrate that the vendor meets or exceeds an state or
federal enviror~rnental standards, including voluntary standards, reltin to air aalit . ~ Y
~TI~N 3. The pity IVSanager may apply this re~`erence onl if the cyst to th ` e City of
Denton for the goods or services would not exceed one-hundred five ercent I ~S~I~ of the cost ~ ~ }
of the goods or services provided by a vendor mho dace not meet the standards,
ETON 4. This Resolution shall became effective immediatel u o~ its ass. a and Y ~
approval.
PASSED AND AFPI~~ED this the day of ~~5.
~VIARK A. B~.TRR~U~I,IVIAY~R
.ATTEST;
J~N'~R ALTER, QTY SE~R~T~R~Y
BY:
APP~Q~T~D AS T~ LEGAL ~~R:
ANITA BUR~~SS, ITS ATTORNEY
~Y:
Page ~