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HomeMy WebLinkAboutApril 7, 2009 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 7, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, April 7, 2009 at 3:30 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 April 7, 2009, including but not limited to: a) Explanation and discussion of Public Hearing 4B regarding buffer, screening and fencing requirements. b) Explanation and discussion of Consent Agenda Item 3T regarding residential collection service and parking requirements in front of dumpsters. 2. Receive a report, hold a discussion and give staff direction regarding updating the International Fire Code. 3. Receive a report, hold a discussion and give staff direction regarding proposed amendments to Subchapter 12 of the Denton Development Code (DDC). This is a staff initiated Code amendment to add temporary storage containers and other portable storage units, occasional sales, and farmer’s markets as temporary uses in Subchapter 12. (DCA08-0008) The Planning and Zoning Commission recommends approval (6-0). 4. Receive a report, hold a discussion and give staff direction regarding the rezoning of approximately 27.2 acres of land from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) and a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; with consideration being given to an Overlay District. The property is generally bounded by Wye Street to the north, Johnson Street to the west, Ruth Street to the south and Hill Street to the east. (SI08-0003) The Planning and Zoning Commission tabled the item on January 21, 2009 (4-0). 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, Sec. 551.071. 1. Receive a briefing and further status report from the City’s attorneys regarding the litigation entitled The City of Denton, Texas v. The University of North Texas, Cause No. 2008-20043-158, now pending th before the 158 Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the attorneys with direction. 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 April 7, 2009 Page 2 2. Consult with City’s attorneys on legal issues and potential settlement of threatened litigation, involving the claim of Dorothy Farris. B.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C.Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Receive a status report, discuss, deliberate, consider and approve a Power Purchase Agreement for Firm Energy and Associated Renewable Energy Credits by and between the City of Denton, as Purchaser and NextEra Energy Power Marketing, LLC., as Seller. This matter is a Public Power competitive and financial matter. 2. Receive a status report from DME Staff regarding the Power Purchase Agreement that is now in effect, dated May 17, 2006 by and between the City of Denton, Texas as Purchaser and Constellation Energy Commodities Group, Inc. Discuss and deliberate this Public Power competitive and financial matter and provide Staff with direction. D. Consultation with Attorneys – Under Texas Government Code, Sec. 551.071. 1. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled City of Bryan v. TMPA, Cause No. 28,169, pending th in the 250 Judicial District Court in and for Travis County, Texas; as well as Ex Parte TMPA, Cause No.D-1-08-003426, in the 250th Judicial City of Denton City Council Agenda April 7, 2009 Page 3 District Court in and for Grimes County, Texas; and the City of Bryan v. the Cities of Denton, Garland and Greenville, Cause No. D-1-GN-08- 003693, pending transfer to a District Court in Hunt County, Texas from th the 200 Judicial District Court in and for Travis County, Texas. Discuss and deliberate and provide the attorneys with direction. 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. 2. Consult with City’s attorneys on legal issues, including potential settlement of litigation styled Collegiate Community Outreach d/b/a UNT Chi Alpha, et al. v. City of Denton, et al., Cause No. 4:07cv564, currently pending in the US District Court, Eastern District, Sherman Division. Regular Meeting of the City of Denton City Council on Tuesday, April 7, 2009 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 “Denton Redbud Festival Day” Proclamation 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 –U). 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 – U below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda April 7, 2009 Page 4 A. Consider a request for an exception to the Noise Ordinance for the purpose of a music festival, the 2nd Annual BeanStock, sponsored by Cool Bean’s Bar and Grill. The event is to be held on Saturday, April 18, 2009, beginning at 11:00 a.m. and concluding at 12:00 a.m. The exception is specifically requested for extension of the hours of operation for amplified sound. B.Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration, sponsored by the Juneteenth Committee. The event will be located in the Fred Moore Park on Friday, June 19, 2009, beginning at 6:00 p.m. and concluding at 11:00 p.m.; and on Saturday, June 20, 2009, beginning at 11:00 a.m. and concluding at midnight. This request is for an exception to the hours of operation and for an increase in sound decibels to 75 decibels for the evening concerts. C.Consider adoption of an ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. D.Consider adoption of an ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. E.Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing an increase in deferred compensation; authorizing the expenditure of funds; and providing an effective date. F.Consider adoption of an ordinance approving a salary increase for Steve Shepherd under the performance review provision of his employment agreement with the City; approving an increase in car allowance; authorizing the expenditure of funds; and providing an effective date. G.Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Jagoe- Public Company; providing for the expenditure of funds therefor; and providing an effective date (Bid 3413–Annual Contract for Trucking Services Change Order Number One in the amount of $100,000 for a total bid award not to exceed $156,000). H.Consider adoption of an ordinance authorizing the City Manager to execute a change order to amend the lease purchase financing agreement between the City of Denton and Chase Equipment Leasing, Inc.; providing for the expenditure of funds therefor; and providing an effective date (File 4247–Third Party Lease Purchase of Solid Waste and Waste Water Vehicles and Equipment change order to amend approximate finance charges to $183,198.50 for 60 months in the estimated principal sum of $1,686,746 for an estimated total payback amount of $1,869,944.50 ). City of Denton City Council Agenda April 7, 2009 Page 5 I.Consider adoption of an ordinance authorizing the City Manager to execute an interlocal cooperative purchasing program agreement with the City of Keller, Texas under section 271.102 of the Local Government Code, to authorize participation in various City of Keller contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4267–Interlocal Agreement with the City of Keller, Texas). J.Consider adoption of an ordinance authorizing the City Manager to execute an interlocal cooperative purchasing program agreement with the Denton County Transportation Authority (DCTA) under section 271.102 of the Local Government Code, to authorize participation in various DCTA contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4268–Interlocal Agreement with the Denton County Transportation Authority). K.Consider adoption of 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 4272–Bucket Truck with Aerial Device awarded to Altec Industries, Inc. in the amount of $132,788). The Public Utilities Board recommends approval (4-0). L.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston- Galveston Area Council (H-GAC) and Buy Board Cooperative Purchasing Network for the acquisition of a flushing truck for the City of Denton Wastewater Collections Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4285–Interlocal Agreement for the purchase of a Flushing Truck for Wastewater Collections Department awarded to Rush Truck Center, Crane in the amount of $91,262 for a Peterbilt Truck Model 340 cab and to VAC-CON Inc. in the amount of $185,100.96 for a sewer cleaner/flushing chassis for a total award amount of $276,362.96). The Public Utilities Board recommends approval (4-0). M.Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L70F Wheel Loader as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-7-23VO10); providing for the expenditure of funds therefor; and providing an effective date (File 4286–Wheel Loader awarded to Romco Equipment Co. in the amount of $138,874). The Public Utilities Board recommends approval (4-0). N.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of concrete pavement for the Denia Park trail; providing for the expenditure of funds therefore; and providing an effective date (Bid 3516–awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $127,110.77). City of Denton City Council Agenda April 7, 2009 Page 6 O.Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of miscellaneous electric utility hardware and materials for the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (Bid 4260–Miscellaneous Electric Utility Hardware and Materials for Warehouse Stock awarded to the lowest responsible bidder meeting specification for each item in the estimated amount of $145,000). P. Consider adoption of an ordinance of the City of Denton, Texas, appointing Robin A. Ramsay as Presiding Judge for the City of Denton Municipal Court of Record; appointing Kimberly Cawley McCary as Assistant Judge for the City of Denton Municipal Court of Record; appointing Earlean Cobbin Murphy as Assistant Judge for the City of Denton Municipal Court of Record; appointing Gregory L. Bertrand as Assistant Judge for the City of Denton Municipal Court of Record; appointing Ann Stephens Poston as Assistant Judge for the City of Denton Municipal Court of Record; appointing James Horton as Assistant Judge for the City of Denton Municipal Court of Record; appointing Dennis Engler as Assistant Judge for the City of Denton Municipal Court of Record; establishing terms of office for municipal judges in accordance with applicable State statutes; providing for renewal and extension of terms absent specific action by Council; authorizing the Mayor to execute a contract for term of office; ratifying terms of contract; and declaring an effective date. Q. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2009 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. R. Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Redflex Traffic Systems, Inc. for operation of an automated traffic signal enforcement program; providing for the expenditure of funds therefor; and providing an effective date (File 3364–Change Order Number One Contract Extension). S. Consider adoption of an ordinance approving a Compromise Settlement & Release of all claims between Dorothy Farris and the City of Denton for settlement of a claim; authorizing the City Manager and City Attorney to take actions necessary to finalize settlement of this claim; authorizing the expenditure of budgeted funds in the amount stated therein; and declaring an effective date. T. Consider adoption of an ordinance adding a new Subsection, Section 18-3, Section (b)(4) to “authority of Traffic Engineer” of Chapter 18 “Motor Vehicles and Traffic” of the Code of Ordinances of the City of Denton, Texas; and an ordinance in lieu of and in substitution for Section 24-43 “Residential Collection Service” of the Code of Ordinances of the City of Denton, Texas; providing a severability clause; providing a penalty cause; and declaring an effective date. City of Denton City Council Agenda April 7, 2009 Page 7 U. Consider approval of the minutes of: February 17, 2009 February 19, 2009 March 2, 2009 March 3, 2009 March 10, 2009 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 12, 13, and 23 of the Denton Development Code to clarify standards and regulations regarding outside storage and outside display requirements, revise the requirement for window or door areas for single- family residential dwellings, multiple unit residential dwellings and multi-family development, provide definitions for windows and doors, and revise the definitions of front lot line, front yard, rear yard and side yard; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0009) The Planning and Zoning Commission recommends approval (6-0). B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 13 and 23 of the Denton Development Code to clarify the buffer, screening and fencing requirements in Subchapter 13; providing definitions for master planned development, buffer, fence, perimeter fence, and screening; deleting Sections 16-129 through 16-131 of the Denton Code of Ordinances; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08- 0012) The Planning and Zoning Commission recommends approval (5-0). C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a concept plan amendment to allow for the relocation of a storage tank facility on a property located within a Planned Development (Robson Ranch Planned Development, PD-173) zoning district, generally located east of Florence Road, east of Crawford Road, north of Robson Ranch Road and west of the proposed Inspiration Development (MPC 07-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z08-0022)The Planning and Zoning Commission recommends approval (6-0). D. Hold a public hearing and consider adoption of anordinance of the City of Denton, Texas, approving a detail plan amendment for five gas well parks and a storage tank facility within a Planned Development (Robson Ranch Planned Development, PD-173) zoning district, generally located east of Florence Road, east of Crawford Road, north of Robson Ranch Road, and west of the Inspiration Development (MPC 07-0001); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z08-0023) The Planning and Zoning Commission recommends approval (6-0). City of Denton City Council Agenda April 7, 2009 Page 8 5. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. - Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee (Tabled from March 3, 2009) recommends approval (3-0). Tabled B. – Consider adoption of an ordinance authorizing settlement of litigation styledCollegiate Community Outreach d/b/a UNT Chi Alpha, et al. v. City of Denton, et al., Cause No. 4:07cv564, currently pending in the US District Court, Eastern District, Sherman Division, under terms previously discussed in Closed Session, and further authorizing the City Manager to approve a compromise settlement agreement, and such other documents recommended by the City’s attorneys as necessary or appropriate to effectuate such terms of settlement; approving the expenditure of budgeted funds; and declaring an effective date. (Tabled from March 10, 2009) C.Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission for the replacement of windows at 1708 W. Oak Street. The site is zoned Neighborhood Residential (NR-3) and is located within the West Oak Area Historic District. The Historic Landmark Commission denied the request (5-1). D.Consider nominations/appointments to the City’s Boards and Commissions 1. Human Services Advisory Committee 2. Planning and Zoning Commission E. Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: a)Carolyn Phillips regarding the membership of the Property Maintenance Code Committee. b)Jordan Hudspeth regarding concerns of Southeast Denton. c)Lanisha Hudspeth regarding concerns of Southeast Denton. d)Hagar Hudspeth regarding concerns of Southeast Denton. e)Willie Hudspeth regarding concerns of Southeast Denton. F. 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. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda April 7, 2009 Page 9 C E R T I F I C A T E 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 ___________________, 2009 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 TELECOMMUNICATIONS 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. AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Fire Prevention ACM: Fred Greene SUBJECT Receive a report, hold a discussion and give staff direction regarding updating the International Fire Code. BACKGROUND The International model codes consist of: International Residential Code; International Building Code; International Mechanical Code; International Fuel Gas Code; International Plumbing Code; International Fire Code. The International Codes are intended to provide regulations that safeguard public health and safety in all communities. Because the codes are designed to be national, local amendments are required to meet the needs of local jurisdictions. The North Texas Regional Council of Governments has participated in the development of local regional amendments. Several of these amendments are found in the code that is proposed for adoption. In an effort to provide consistency, the 2000 International Codes were first adopted by the City of Denton in February of 2002. Prior to the adoption of the 2000 International Codes, the City of 6 International Fire s since been introduced after a lengthy review process through the International Code Council, (ICC). Changes to the International Codes are brought about by new technology and events that have occurred throughout the nation. The majority of the changes are related to health and safety. The Fire Department has performed a comprehensive local review of these changes. In addition, Staff has had several meetings with the Legal Department regarding the content of the 2006 International Fire Code and local amendments, as well as review by the Construction Advisory and Appeals Board. The purpose of the International Codes is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. Page 1 of 2 Due to the number of changes and the technical nature of the changes, they have not been listed in the body of this document. However, they are attached as a backup document so the City Council may ask for further details and explanations at the work session on April 7, 2009. FISCAL INFORMATION There is no fiscal impact with the adoption of the proposed codes. EXHIBITS 1. Code of Ordinances Chapter 29 amended adopting the 2006 International Fire Code and local amendments. 2.Code of Ordinances Chapter 29 amendment illustrating changes from 2003 amendments. Respectfully Submitted: ________________________ Ross Chadwick Fire Chief Prepared by: Dean A. Bray Fire Protection Engineer Associate Denton Fire Department Fire Prevention Division Page 2 of 2 ORDINANCE NO. ______________ AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE ADOPTION OF THE INTERNATIONAL FIRE CODE, 2006 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2000 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That Chapter 29 of the Code of the City of Denton, Texas is amended to read as follows: ARTICLE I. GENERAL PROVISIONS Sec. 29-1. International Fire Code--Adopted. There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, those certain Codes and Standards known as the International Fire Code, including Appendices A-G, published by the International Fire Code Institute and International Conference of Code Council, being particularly the 2006 editions thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by section 29-2 of this ordinance. A copy of said Fire Code is now filed in the office of the City Secretary, and is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Denton and within five thousand (5,000) feet thereof, where specified therein. Sec. 29-2. Amendments. The International Fire Code, as adopted in Section 29-1, is hereby amended as follows: A. By the amendment of the International Fire Code, as follows: **Section 101.1: amended to read as follows: Section 101.1 Title. These regulations shall be known as the Fire Code of the City of code". **Section 101.2: second paragraph added to read as follows: The provisions of this code shall supplement any and all laws relating to fire safety and shall apply to all persons without restriction, unless specifically exempted. **Section 102.4: amended to read as follows: Section 102.4 Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable; and any alterations, additions, changes in use or changes in structures required by this code which are within the scope of this and other codes shall be made in accordance therewith. **Section 102.6; amended to read as follows: Section 102.6 Referenced codes and standards. The codes and standards referenced in this code shall include those that are listed in Chapter 45, and such codes and standards shall be consideredpart of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. The Fire Code Official is empowered to administratively adopt and apply, in whole or in part, subsequently published updates to the standards referenced in Chapter 45, in the interest of public safety; provided that, such updates shall not become mandatory until: (1) notice of the updated st days or more, and (2) an opportunity for public comment on the updated standards has been provided before the Construction Appeals and Advisory Board, at a date and time referenced in the public notice. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. **Section 103.1: second paragraph added to read as follows: Section 103.1. Under the chief's direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires, 2. The suppression or extinguishments of dangerous or hazardous fires, 3. The storage, use and handling of hazardous materials, 4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment, 5. The maintenance and regulation of fire escapes, 6. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, 7. The maintenance of means of egress, 8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, and 9. The investigation of the cause, origin and circumstances of explosions. For authority related to control and investigation of emergency scenes, see Section 104. **Section 103.1.2: added to read as follows: Section 103.1.2 Department of Fire Prevention Personnel and Police. The chief and members of the Department of Fire Prevention shall have authority to issue citations for violations of this code. **Section 103.2: added to read as follows: Section 103.4.2 Liability. The code is amended by adding a third paragraph to read as follows: All regulations provided in this Code are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, any city official or employee, or any member of the Construction Appeals and Advisory Board (CAAB) charged with the enforcement if this code, acting for the City in the discharge of his or her duties, are entitled to the legal protections afforded by Article VIII of Chapter 2 of the Code of the City of Denton, Texas (§2-243 through 2-250), as amended, or as otherwise provided by State law, if better. **Section 104.10.2: added to read as follows: Section 104.10.2 Hazardous Materials. The fire code official is authorized to investigate the cause, origin, and circumstances of any unauthorized releases of hazardous materials. **Section 104.10.3: added to read as follows: Section 104.10.3 Explosives. The fire code official is authorized to investigate the cause, origin, and circumstances of explosions, explosives handling, manufacturing, and usage of explosive materials. **Section 105.6.47: added to read as follows: Section 105.6.47 Gas and Oil Wells. To operate gas and oil wells in the incorporated city limits of Denton, Texas. See Section 35.22, Code of the City of Denton, Texas (Development Code). **Section 106: added Sections 106.2.1., 106.2.2, 106.2.3, and 106.2.4, to read as follows: Section 106.2.1 Frequency of Inspection. All owners of, occupants of, tenants of, lessees of or persons making use of any building or premises, or portions thereof, when used as nonresidential group occupancies, including hotels, lodging houses and congregate residences, as defined by the Building Code are required to accommodate annual inspections of such buildings, premises or portions thereof upon the reasonable and lawful demand of the Fire Marshal or his designated representative. Additionally, the Fire Marshal may initiate such inspections at such other times as he deems appropriate to satisfy the purposes of this ordinance, and may additionally inspect all other premises as may be necessary, including such other potential hazards or appliances as the Fire Marshal may specify, for the purpose of ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread. Section 106.2.2 Annual Fire Protection Systems Testing. The annual testing of all fire sprinkler systems, fire alarm systems, fire extinguishing systems, hood extinguishing systems and fire pumps shall be witnessed by the Fire Code Official or his designee. Section 106.2.3 Annual Inspection Fees. The first annual inspection performed pursuant to Section 106 of this code shall be performed free of charge. If the Fire Marshal or his designee observes a violation of this chapter and performs a follow-up (re- inspection) inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within 30 days of being billed therefore as condition to continue lawful occupancy of the building or dwelling to be inspected. Said fee shall be based upon the amount of interior area of the building leased, occupied or used by the person. The fee shall be in the amount established, and from time to time amended, by ordinance of City Council, a copy that shall be kept on file with the City Secretary. Follow up inspection fees for common areas of such buildings or premises shall be charged to and paid by the owner in accordance with the area inspected. Section 106.2.4 Permit and Permit Fees. Any permit required by Sections 105 or 106 of the Code shall be issued only upon payment of a permit fee in an amount established, and as from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary. **Section 109.3: amended to read as follows: Section 109.3 Violation Penalties. Persons who violate any provision of this code, who fail to comply with any of the requirements thereof, or who erect, install, alter, repair or perform work in violation of the approved construction documents, the directives of the fire code official, or the conditions of any permit or certificate issued under provisions of this code, shall be subject to prosecution of a misdemeanor offense punishable by a fine as specified in §1-12 of the Code of the City of Denton, Texas. Each day that a violation continues after due notice has been served shall be deemed a separate offense. **Section 110.4: amended to read as follows: Section 110.4. Abatement. Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on the premises under his or her control, or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the code official or his duly authorized representative, shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this Code is committed or continued. **Section 111.4: amended to read as follows: Section 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than two hundred ($200) dollars or more than the maximum fine specified in §1-12 of the Code. **Section 202: the following definitions are added or amended to read as follows: DEPARTMENT OF FIRE PREVENTION is the Office of the City Fire Marshal. FIRE CODE OFFICIAL is the Fire Chief, Fire Marshal or other designated authority charged by the City Council with the duties of administration and enforcement of the code, or a duly authorized representative. FIRE DEPARTMENT is the City of Denton Fire Department. HIGH-RISE BUILDING is a building having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. JURISDICTION is the City of Denton, Texas SELF-SERVICE STORAGE FACILITY. Is real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. STANDBY PERSONNEL. means qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be calculated at 1.5 times the hourly wage rate for each individual so assigned. **Section 307.2: amended to read as follows: Section 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality (TCEQ) guidelines and/or restrictions. 2. State, County or Local temporary or permanent bans on open burning. 3. Local written policies as established by the Code Official. **Section 307.4: amended to read as follows, deleting exception 2: Section 307.4 Location. The location for open burning shall not be less than 300 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet of any structure. Exceptions: 1. Fires in approved containers that are not less than 15 feet from a structure. **Section 307.4.1: amended to read as follows: Section 307.4.1. Bonfires. A bonfire shall not be conducted within 300 feet of a structure or combustible material unless the bonfire is contained in a barbecue pit. Conditions which could cause a fire to spread within 300 feet of a structure shall be eliminated prior to ignition. **Section 307.4.2: amended to read as follows: Section 307.4.2. Recreational Fires. Recreational fires shall be prohibited within the incorporated city limits of Denton, Texas. **Section 307.4.3: added to read as follows: Section 307.4.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. **Section 307.5: amended to read as follows: Section 307.5 Attendance. Open burning, trench burns, or bonfires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum of 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. **Section 308.3.1: amended to read as follows: Section 308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. **Section 503.1.1: the following sentence is appended to the first paragraph: Except for single- or two-family residences, the path of measurement shall be along a minimum of a ten feet (10') wide unobstructed pathway around the external walls of the structure. **Section 503.1.2: amended to read as follows: Section 503.1.2 Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. The fire marshal is hereby authorized and empowered to establish and designate fire lanes as he deem necessary for the proper ingress and egress of emergency vehicles. Any fire lane designated by the Fire Marshal shall become effective as of the date he so designates. **Section 503.1.4: added to read as follows: Section 503.1.4. Existing Fire Lanes. Any fire lane that has been established prior to passage of the ordinance from which this article is derived and designated by the fire marshal or that has been established by a separate ordinance shall be a fire lane for all intents and purposes and shall be maintained as required by this code. **Section 503.2.4.: amended to read as follows: Section 503.2.4. Turning radius. a Each fire apparatus access road shall have an inner turning radius of not less than 35 feet, and an exterior turning radius of not less than 55 feet, or shall have a design approved by the fire code official as functionally equivalent to this standard. **Section 503.2.8: added to read as follows: Section 503.2.8. Fire Lane Site Plan. (a) When fire lanes are required in accordance with the provisions of this article, the owner, builder, or developer shall submit a fire lane site plan measuring eight and one half (8- 1/2) inches by eleven (11) inches to the fire code official prior to issuance of a building permit. A copy of each approved fire lane site plan shall be kept on file with the fire department. (b) Construction of the building shall not begin until the fire lane site plan has been submitted and approved, and the fire lane, or a temporary fire lane has been completed and approved by the fire code official. **Section 503.3: amended to read as follows: Section 503.3 Marking. Where required by the fire code official, approved striping or, when allowed by fire code official, signs, or both, or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping - Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 20 feet intervals on the red border markings along both sides of the fire lanes. (2) Signs - shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") (1.98 m) above finished grade. Signs shall be spaced not more than fifty feet (50 feet) (15.2 m) apart. Signs may be installed on permanent buildings or walls or as approved by the code official. **Section 503.4: amended to read as follows: Section 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed by persons in any manner, including parking, stopping, or standing any non-emergency vehicle, whether attended or unattended, in a fire lane. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. The operator of a premise shall maintain, free of obstruction, all fire lanes on his premises. No person may mark, post or otherwise identify a non-fire lane private vehicular passageway as a fire lane or in such a manner as tends to create confusion as to whether the passageway is a fire lane. Any unauthorized vehicle found in or on a fire lane is: (1) Subject to removal by the operator of the premises, with the expense of removal and storage to be borne by the registered owner of the vehicle; (2) Subject to citation, as well as removal, by the fire marshal or a police officer; and (3) Deemed to constitute prima facie evidence of a violation of this section by: (1) a named lessee of an unattended vehicle, if subsequently determined to be under a lease or rental agreement at the time of the incident; (2) the registered owner of an unattended vehicle; or (3) by any occupant licensed to operate the vehicle, regardless of whether such license is expired, suspended or revoked. **Section 605.5.1: amended to read as follows: Section 605.5.1 Power Supply. Extension cords shall be plugged directly into an approved receptacle and, except for approved multiplug extension cords, shall serve only one appliance. **Section 903.1.2: added to read as follows: Section 903.1.2. Residential systems. Unless specifically allowed by this code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements of this code. In addition, residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection to be recognized for the purposes of such trade- offs permitted by other requirements of this code. **Section 903.2: amended to read as follows: Section 903.2. Required Installations of Automatic Fire Extinguishing Systems. An automatic fire extinguishing system shall be installed and maintained in each occupancy, as required by the provisions of Section 903. **Sections 903.2.1.1, 903.2.1.2, 903.2.1.3 and 903.2.1.4: amended to read as follows: Section 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-1 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi theater complex. Section 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-2 occupancy, where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. Section 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-3 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Section 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-4 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. **Section 903.2.7.1: added to read as follows: Section 903.2.7.1 Group R-1. An automatic sprinkler system shall be provided throughout buildings with a Group R-1 fire area, including all combustible concealed spaces and attic spaces. **Sections 903.2.8.2 and 903.2.8.3: added to read as follows: 903.2.8.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 10,000 cubic feet shall be equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. 903.2.8.3. Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities with a fire area greater than 7,500 square feet. **Section 903.2.10: previous amendment section 903.2.10.3 deleted; and sections 903.2.10.4 and 903.2.10.5 added, to read as follows: Section 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet, see Chapter 23 to determine if those provisions apply. Section 903.2.10.5 Spray Booths and Rooms. New spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. **Section 903.2.10.6: added to read as follows: Section 903.2.10.6. General. 1. An automatic sprinkler system shall be installed in all new buildings of noncombustible construction, (Type I & II) including Group R-3, which exceed three stories in height or which have more than ten thousand (10,000) square feet of floor area regardless of fire area, area separation walls, or fire walls. 2. An automatic sprinkler system shall be installed in all new buildings of combustible construction, (type III, IV & V) including Group R-3, which exceed two stories in height or which have more than seven thousand five hundred (7,500) square feet of floor area regardless of fire area, area separation walls, or fire walls. 3. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the building, exceeds ten thousand (10,000) square feet of noncombustible construction (Type I & II) total floor area, and when the total square footage of all such additions exceeds by more than twenty-five (25) percent of the original floor area regardless of fire area, area separation walls, or fire walls. 4. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the building, exceeds seven thousand five hundred (7,500) square feet of combustible construction (Type III, IV & V) total floor area, and when the total square footage of all such additions exceeds by more than twenty-five (25) percent of the original floor area regardless of fire area, area separation walls, or fire walls. **Section 903.3.1.1: amended to read as follows: Section 903.3.1.1. NFPA 13 Sprinkler Systems. Where the provisions of this code require a building, or portion thereof, to be equipped throughout with an automatic sprinkler system, sprinklers shall be installed throughout in accordance with N.F.P.A. 13, latest edition, except as provided in Sections 903.3.1.1.1, 903.3.1.2 and 903.3.1.3. **Section 903.3.1.1.1: amended to read as follows: Section 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas, where such rooms are protected with an approved fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because of damp conditions, fire-resistance-rated construction or the presence of electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire resistance rating of not less than 2 hours. 4. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire resistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. **Section 903.3.1.2: amended to read as follows: Section 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R, latest edition, and as further restricted by section 903.1.2, with respect to exceptions or reductions permitted by other requirements of this code. **Section 903.3.5: amended to read as follows: Section 903.3.5 Water Supplies. Water supplies for automatic sprinkler systems shall comply with this section, the standards referenced in Section 903.3.1, and other applicable design standards and requirements. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. Every fire protection system shall be designed with a 10 psi safety factor. Section 903.7: amended to read as follows: Section 903. 7. Fire department connections. The fire department connection shall be provided in a location approved by the fire code official, within 50 feet of the fire lane and unobstructed. **Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems, except for fire department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Section 905.2: amended to read as follows: Section 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14, latest edition. **Section 905.3.1.1: added to read as follows: Section 905.3.1.1 Building area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any area is more than 200 feet of travel, vertically or horizontally, as the hose lies, from the nearest point of fire department vehicle access. Exception: Automatic dry and semiautomatic dry standpipes are allowed as specified in NFPA 14. **Section 905.3.2: Exceptions 1 and 2 amended to read as follows: 1. Open-air seating spaces without enclosed spaces. 2. Class I automatic dry and semiautomatic dry standpipes or manual wet standpipes are allowed in buildings where the highest floor surface used for human occupancy is 55 feet or less above the lowest level of fire department vehicle access. **Section 905.4, item #5: amended to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the highest landing of stairways with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. **Section 905.9: second paragraph added after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Section 906.1, item #1: amended to read as follows: Section 906.1 1. In Groups A, B, E, F, H, I, M, R-1, R-2, R-4, S, and U occupancies. **Section 907.1.3: added to read as follows: Section 907.1.3 Design Standards. All replacement fire alarm systems serving 20 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 40 smoke detectors or more than 100 total alarm activating devices shall be analog intelligent or addressable fire detection systems. **Section 907.2.1.1: amended to read as follows: Section 907.2.1.1. System initiation in Group A Occupancies with an occupancy load of three hundred (300) or more. Activation of the fire alarm in Group A Occupancies with an occupancy load of three hundred (300) or more shall immediately initiate an approved prerecorded message announcement using an approved voice communication system in accordance with NFPA 72 that is audible above the ambient noise level of the occupancy. Exception: When approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly approved station. **Section 907.2.3: amended to read as follows: Section 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. **Section 907.2.3: exception #1 amended, and exception #1.1 added, to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50, when provided with an approved automatic sprinkler system. 1.1 Residential In-Home day care with fewer than 12 children may use interconnected single station detectors in all habitable rooms. (For care of five or more children aged 2 1/2 years or younger, see Section 907.2.6.) **Section 907.2.12: amended to read as follows: 907.2.12 High-rise buildings. Buildings with floors used for human occupancy that are located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall incorporate an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. **Section 907.2.12: exceptions #1-5 are deleted. **Section 907.3.1.1: exception #1 is deleted. **Section 907.4: added second paragraph to read as follows: Each manual alarm actuating device shall be an approved double action type. ** Section 907.6.1: added to read as follows: Section 907.6.1 Installation. All fire alarm systems shall be installed utilizing Class "A" wiring for all initiating and indicating (NAC) circuits. Class "A" wiring shall be designed to comply with NFPA 72. **Section 907.9.2: amended to read as follows: Section 907.9.2 High-rise buildings. Buildings with floors used for human occupancy that are located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access shall establish separate zones by floor for any of the following types of alarm-initiating devices: 1. Smoke detectors 2. Sprinkler water-flow devices 3. Manual fire alarm boxes 4. Other approved types of automatic fire detection devices or suppression systems. **Section 913.4: second paragraph added to read as follows: The fire-pump system shall also be supervised for "loss of power", "phase reversal" and "pump running" conditions by supervisory signal on distinct circuits. **Section 1020.1.7: amended to read as follows: Section 1020.1.7 Smokeproof enclosures. Each exit that serves building stories where the floor surface is located more than 55 feet above the lowest level of fire department vehicle access or more than 30 feet below the level of exit discharge serving such floor levels shall be a smoke proof enclosure or pressurized stairway in accordance with Section 909.20 of theInternational Building Code. **Section 2203.1, item #4: amended to read as follows: #4 Such that a nozzle, when the hose is fully extended, will not reach within 10 feet (3,048 mm) of building openings. **Section 3301.1.3: amended to read as follows: Section 3301.1.3 Fireworks. Except as provided otherwise herein, no person shall possess, store, offer for sale, expose for sale, sell at retail, manufacture, use or explode any fireworks within the city limits, or within five thousand feet (5,000 ft) (1,524 m) thereof. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as permitted in Sections 3304 and 3308. 2. The use of fireworks for approved display as permitted in Section 3308. **Section 3308.5.3; amend by the addition of the following section: Marking of Shell. Each aerial shell shall have printed directly on its outer casing the following minimum warning 1/8-inch high letters, which contrast to the background WARNING EXPLOSIVES CLASS "1.4G or 1.3G" FIREWORK DO NOT HANDLE- CALL "911" **Section 3308.12: added to read as follows: Section 3308.12 Ignition. Aerial shells shall be ignited by lighting the tips of fuses by an electrical ignition source, except when manual ignition is approved by the Fire Marshal. Operators shall not place any part of their bodies over the throat of the mortar. **Section 3403.6: sentence added to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. **Section 3404.2.11.5: sentence added to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. **Section 3406.3.9: added to read as follows: Section 3406.3.9 Permit required. An operational permit is required prior to drilling and operating a gas well. **Section 3803.2.1.5: sentence added to read as follows: Standby personnel shall be present during demonstrations. **Addition to Chapter 45 Referenced Standards Chapter 45 Referenced Standards. All compliance standards or references in the Fire Code to the reference standards of the National Fire Protection Association, Batterymarch Park, Quincy, MA, shall pertain to the latest published edition administratively approved by the fire code official, per Section 102.6.for compliance within the Fire Code. SECTION 2. That the fees provided for in Section 106 of the code adopted by Section 1 of this ordinance shall be as follows: 1.Building Fire Safety Follow-Up (Re-inspection) Inspection Fees provided in Section 106: Interior Square Footage Fee 1 to 3,000 $ 25.00 3,001 to 24,000 $ 50.00 24,001 to 100,000 $100.00 over 100,000 $100.00 If a second follow-up (re-inspection) is required because the violation has not been corrected, the following fees shall be charged: 1 to 3,000 $ 50.00 3,001 to 24,000 $100.00 24,001 to 100,000 $200.00 over 100,000 $200.00 2.The fee for an operational permit required under Section 105.6 of the Fire Code shall be $200.00 per permit. 3.The fee for a construction permit required under Section 105.7 of the Fire Code shall be $200.00 per permit. 4.The fee for each required permit or inspection of a gas well or its associated infrastructure or development is $200 for each such permit or inspection authorized or performed by the fire marshal or his designee. 5.A fee of $35.00 shall be assessed for each annual inspection of automatic extinguishing systems (Hood Suppression Systems), automatic fire suppression systems, and automatic fire alarm systems conducted pursuant to Section 901.6.1. 6.The permit fee for a temporary sales or display booth in covered malls, conducted pursuant to Section 105.6.9 of the Fire Code, shall be $35.00. 7.A permit fee of $35.00 shall be assessed for a temporary tent permit issued under Section 105.7.13 of the Fire Code, SECTION 3. Any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of its passage. PASSED AND APPROVED this the _______ day of ____________, 2009. ____________________________ MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:________________________________ ORDINANCE NO. ______________ AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR THE ADOPTION OF THE INTERNATIONAL FIRE CODE, 2003 2006 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2000 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That Chapter 29 of the Code of the City of Denton, Texas is amended to read as follows: ARTICLE I. GENERAL PROVISIONS Sec. 29-1. International Fire Code--Adopted. There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, those certain Codes and Standards known as the International Fire Code, including Appendices A-G, published by the International Fire Code Institute and International Conference of Code Council, being particularly the 20032006 editions thereof and whole thereof, save and except such portions as are hereinafter deleted, modified or amended by section 29-2 of this ordinance. A copy of said Fire Code is now filed in the office of the City Secretary, and is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Denton and within five thousand (5,000) feet thereof, where specified therein. Sec. 29-2. Amendments. The International Fire Code, as adopted in Section 29-1, is hereby amended as follows: A. By the amendment of the International Fire Code, as follows: **Section 101.1: amended to read as follows: Section 101.1 Title. These regulations shall be known as the Fire Code of the City of code". **Section 101.2: second paragraph added to read as follows: The provisions of this code shall supplement any and all laws relating to fire safety and shall apply to all persons without restriction, unless specifically exempted. **Section 102.4: amended to read as follows: Section 102.4 Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable; and any alterations, additions, changes in use or changes in structures required by this code which are within the scope of this and other codes shall be made in accordance therewith. **Section 102.6; amended to read as follows: Section 102.6 Referenced codes and standards. The codes and standards referenced in this code shall include those that are listed in Chapter 45, and such codes when specifically adopted and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. The Fire Code Official is empowered to administratively adopt and apply, in whole or in part, subsequently published updates to the standards referenced in Chapter 45, in the interest of public safety; provided that, such updates shall not become mandatory until: (1) notice (30) days or more, and (2) an opportunity for public comment on the updated standards has been provided before the Construction Appeals and Advisory Board, at a date and time referenced in the public notice. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. **Section 103.1: second paragraph added to read as follows: Section 103.1. Under the chief's direction, the fire department is authorized to enforce all ordinances of the jurisdiction pertaining to: 1. The prevention of fires, 2. The suppression or extinguishments of dangerous or hazardous fires, 3. The storage, use and handling of hazardous materials, 4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment, 5. The maintenance and regulation of fire escapes, 6. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, 7. The maintenance of means of egress, 8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, and 9. The investigation of the cause, origin and circumstances of explosions. For authority related to control and investigation of emergency scenes, see Section 104. **Section 103.1.2: added to read as follows: Section 103.1.2 Department of Fire Prevention Personnel and Police. The chief and members of the Department of Fire Prevention shall have the powers of a police officer when performing their duties under this code. authority to issue citations for violations of this code. **Section 103.2: added to read as follows: Section 103.4.2 Liability. The code is amended by adding a third paragraph to read as follows: All regulations provided in this Code are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, any city official or employee, or any member of the Building Code Advisory Board Construction Appeals and Advisory Board (CAAB) charged with the enforcement if this code, acting for the City in the discharge of his or her duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any action required or permitted in the discharge of his duties. Any lawsuit brought against such official or employee because of such act performed by him in the enforcement of any provisions of this Code shall be represented by the City of Denton through its designated attorney until the final adjudication of the proceedings. are entitled to the legal protections afforded by Article VIII of Chapter 2 of the Code of the City of Denton, Texas (§2-243 through 2-250), as amended, or as otherwise provided by State law, if better. **Section 104.10.2: added to read as follows: Section 104.10.2 Hazardous Materials. The fire code official is authorized to investigate the cause, origin, and circumstances of any unauthorized releases of hazardous materials. **Section 104.10.3: added to read as follows: Section 104.10.3 Explosives. The fire code official is authorized to investigate the cause, origin, and circumstances of explosions, explosives handling, manufacturing, and usage of explosive materials. **Section 105.6.47: added to read as follows: Section 105.6.47 Gas and Oil Wells. To operate gas and oil wells in the incorporated city limits of Denton, Texas. See Ordinance 2001-465 and 2001-466 Section 35.22, Code of the City of Denton, Texas (Development Code). IN PREVIOUS AMENDMENTS, SECTION 106 WAS LOCATED NEAR THE END OF THE DOCUMENT. SECTION 106 MOVED HERE FROM PREVIOUS AMENDMENT DOCUMENTS AND ANNUAL SYSTEMS TESTING SECTION 106.1.2 ADDED TO CLARIFY REQUIREMENT FOR A FIRE INSPECTOR TO BE PRESENT DURING REQUIRED ANNUAL TESTING OF FIRE PROTECTION SYSTEMS. **Section 106: added Sections 106.1.1., 106.1.2, 106.2.1.1., and 106.2.1.2., to read as follows: Section 106.1.1. Frequency of Inspection. All owners of, occupants of, tenants of, lessees of or persons making use of any building or premises, or portions thereof, when used as nonresidential group occupancies, including hotels, lodging houses and congregate residences, as defined by the Building Code are required to accommodate annual inspections of such buildings, premises or portions thereof upon the reasonable and lawful demand of the Fire Marshal or his designated representative. Additionally, the Fire Marshal may initiate such inspections at such other times as he deems appropriate to satisfy the purposes of this ordinance, and may additionally inspect all other premises as may be necessary, including such other potential hazards or appliances as the Fire Marshal may specify, for the purpose of ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread. Section 106.1.2. Annual Fire Protection Systems Testing. The annual testing of all fire sprinkler systems, fire alarm systems, fire extinguishing systems, hood extinguishing systems and fire pumps shall be witnessed by the Fire Code Official or his designee. Section 106.2.1.1. Annual Inspection Fees. The first annual inspection performed pursuant to Section 106 of this code shall be performed free of charge. If the Fire Marshal or his designee observes a violation of this chapter and performs a follow-up (re- inspection) inspection to determine whether a violation or violations observed during the previous inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within 30 days of being billed therefore as condition to continue lawful occupancy of the building or dwelling to be inspected. Said fee shall be based upon the amount of interior area of the building leased, occupied or used by the person. The fee shall be in the amount established, and from time to time amended, by ordinance of City Council, a copy that shall be kept on file with the City Secretary. Follow up inspection fees for common areas of such buildings or premises shall be charged to and paid by the owner in accordance with the area inspected. Section 106.2.1.2. Permit and Permit Fees. Any permit required by Sections 105 or 106 of the Code shall be issued only upon payment of a permit fee in an amount established, and as from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary. **Section 109.3: amended to read as follows: Section 109.3 Violation Penalties. Persons who violate any provision of this code, who fail to comply with any of the requirements thereof, or who erect, install, alter, repair or perform work in violation of the approved construction documents, the directives of the fire code official, or the conditions of any permit or certificate issued under provisions of this code, shall be subject to prosecution of a misdemeanor offense punishable by a fine of not more than $2000. as specified in §1-12 of the Code of the City of Denton, Texas. Each day that a violation continues after due notice has been served shall be deemed a separate offense. **Section 110.4: amended to read as follows: Section 110.4. Abatement. Any person operating or maintaining any occupancy, premises or vehicle subject to this Code who shall permit any fire hazard to exist on the premises under his or her control, or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the code official or his duly authorized representative, shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this Code is committed or continued. **Section 111.4: amended to read as follows: Section 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than two hundred ($200) dollars or more than two thousand ($2000). the maximum fine specified in §1-12 of the Code. **Section 202: the following definitions are added or amended to read as follows: DEPARTMENT OF FIRE PREVENTION is the Office of the City Fire Marshal. FIRE CODE OFFICIAL is the Fire Chief, Fire Marshal or other designated authority charged by the City Council with the duties of administration and enforcement of the code, or a duly authorized representative. FIRE DEPARTMENT is the City of Denton Fire Department. HIGH-RISE BUILDING is a building having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. JURISDICTION is the City of Denton, Texas SELF-SERVICE STORAGE FACILITY. Is real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. STANDBY PERSONNEL. means qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. calculated at 1.5 times the hourly wage rate for each individual so assigned. **Section 307.2: amended to read as follows: Section 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or open burning or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Commission on Environmental Quality (TCEQ) guidelines and/or restrictions. 2. State, County or Local temporary or permanent bans on open burning. 3. Local written policies as established by the Code Official. **Section 307.4: amended to read as follows, deleting exception 2: Section 307.4 Location. The location for open burning shall not be less than 300 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 300 feet of any structure. Exceptions: 1. Fires in approved containers that are not less than 15 feet from a structure. **Section 307.4.1: amended to read as follows: Section 307.4.1. Bonfires. A bonfire shall not be conducted within 300 feet of a structure or combustible material unless the bonfire is contained in a barbecue pit. Conditions which could cause a fire to spread within 300 feet of a structure shall be eliminated prior to ignition. **Section 307.4.2: amended to read as follows: Section 307.4.2. Recreational Fires. Recreational fires shall be prohibited within the incorporated city limits of Denton, Texas. **Section 307.4.3: added to read as follows: Section 307.4.3 Trench Burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. **Section 307.5: amended to read as follows: Section 307.5 Attendance. Open burning, trench burns, or bonfires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum of 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. **Section 308.3.1: amended to read as follows: Section 308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. **Section 503.1.1: the following sentence is appended to the first paragraph: Except for single- or two-family residences, the path of measurement shall be along a minimum of a ten feet (10') wide unobstructed pathway around the external walls of the structure. **Section 503.1.2: amended to read as follows: Section 503.1.2 Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. The fire marshal is hereby authorized and empowered to establish and designate fire lanes as he deem necessary for the proper ingress and egress of emergency vehicles. Any fire lane designated by the Fire Marshal shall become effective as of the date he so designates. **Section 503.1.4: added to read as follows: Section 503.1.4. Existing Fire Lanes. Any fire lane that has been established prior to passage of the ordinance from which this article is derived and designated by the fire marshal or that has been established by a separate ordinance shall be a fire lane for all intents and purposes and shall be maintained as required by this code. **Section 503.2.4.: amended to read as follows: Section 503.2.4. Turning radius. Each fire apparatus access road shall have an inner turning radius of not less than 35 feet, and an exterior turning radius of not less than 55 feet, or shall have a design approved by the fire code official as functionally equivalent to this standard. **Section 503.2.8: added to read as follows: Section 503.2.8. Fire Lane Site Plan. (a) When fire lanes are required in accordance with the provisions of this article, the owner, builder, or developer shall submit a fire lane site plan measuring eight and one half (8- 1/2) inches by eleven (11) inches to the fire code official prior to issuance of a building permit. A copy of each approved fire lane site plan shall be kept on file with the fire department. (b) Construction of the building shall not begin until the fire lane site plan has been submitted and approved, and the fire lane or a temporary fire lane has been completed and approved by the fire code official. **Section 503.3: amended to read as follows: Section 503.3 Marking. Where required by the fire code official, approved striping or, when allowed by fire code official, signs, or both, or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices and striping shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping - Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 20 feet intervals on the red border markings along both sides of the fire lanes. (2) Signs - shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" high. Signs shall be painted on a white background with letters and borders in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (6'6") (1.98 m) above finished grade. Signs shall be spaced not more than fifty feet (50 feet) (15.2 m) apart. Signs may be installed on permanent buildings or walls or as approved by the code official. **Section 503.4: amended to read as follows: Section 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed by persons in any manner, including parking, stopping, or standing any non-emergency vehicle, whether attended or unattended, in a fire lane. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. The operator of a premise shall maintain, free of obstruction, all fire lanes on his premises. No person may mark, post or otherwise identify a non-fire lane private vehicular passageway as a fire lane or in such a manner as tends to create confusion as to whether the passageway is a fire lane. Any unauthorized vehicle found in or on a fire lane is: (1) Subject to removal by the operator of the premises, with the expense of removal and storage to be borne by the registered owner of the vehicle; (2) Subject to citation, as well as removal, by the fire marshal or a police officer; and (3) Deemed to constitute prima facie evidence of a violation of this section by: (1) a named lessee of an unattended vehicle, if subsequently determined to be under a lease or rental agreement at the time of the incident; (2) the registered owner of an unattended vehicle; or (3) by any occupant licensed to operate the vehicle, regardless of whether such license is expired, suspended or revoked. **Section 605.5.1: amended to read as follows: Section 605.5.1 Power Supply. Extension cords shall be plugged directly into an approved receptacle and, except for approved multiplug extension cords, shall serve only one appliance. ** Section 803.3.2 and Section 803.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. **Section 804.4; amend to read as follows: Section 804.4 Vegetation. Decorative vegetation shall be flame resistant or flame retardant. Such flame resistance or flame retardance shall be documented and certified by the manufacturer in an approved manner. **Section 903.1.2: added to read as follows: Section 903.1.2. Residential systems. Unless specifically allowed by this code or the International Building Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade-offs", permitted by other requirements of this code. In addition, residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection to be recognized for the purposes of such trade- offs permitted by other requirements of this code. **Section 903.2: amended to read as follows: Section 903.2. Required Installations of Automatic Fire Extinguishing Systems. An automatic fire extinguishing system shall be installed and maintained in each occupancy, as required by the provisions of Section 903. **Sections 903.2.1.1, 903.2.1.2, 903.2.1.3 and 903.2.1.4: amended to read as follows: Section 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-1 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi theater complex. Section 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-2 occupancy, where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. THIS CHANGE IS 2. The fire area has an occupant load of 300100 or more. DIRECTLY OUT OF THE FIRE CODE WITHOUT AMENDMENT. 3. The fire area is located on a floor other than the level of exit discharge. Section 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-3 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Section 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout a fire area containing a Group A-4 occupancy, where one of the following conditions exists: 1. The fire area exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. **Section 903.2.7: amended to read as follows: Section 903.2.7 Group R-1. An automatic sprinkler system shall be provided throughout buildings with a Group R-1 fire area, including all combustible concealed spaces and attic spaces. **Section 903.2.8; change to read as follows: Section 903.2.8 Group R-2. An automatic sprinkler system shall be provided throughout all buildings with a Group R-2 fire area where any of the following conditions apply: 1. The R-2 is located more than two stories in height, including basements; or 2. The building contains having more than 16 dwelling units; or 3. The building contains fraternities and sororities. Exception: A residential sprinkler system installed in accordance with Section 903.3.1.2 shall be permitted in buildings, or portions thereof, of Group R-2. **Sections 903.2.8.2 and 903.2.8.3: added to read as follows: 903.2.8.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 10,000 cubic feet shall be equipped throughout with an automatic fire sprinkler system in accordance with Section 903.3.1.1. 903.2.8.3. Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities with a fire area greater than 7,500 square feet. **Section 903.2.10: previous amendment section 903.2.10.3 deleted; and sections 903.2.10.4 and 903.2.10.5 added, to read as follows: 903.2.10.3 Buildings over 55 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code , having an occupant load of 30 or more that is located 55 feet or more above the lowest level of fire department vehicle access. Section 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height exceeding 12 feet, see Chapter 23 to determine if those provisions apply. Section 903.2.10.5 Spray Booths and Rooms. New spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. **Section 903.2.10.6: added to read as follows: Section 903.2.10.6. General. 1. An automatic sprinkler system shall be installed in all new buildings of noncombustible construction, (Type I & II) including Group R-3, which exceed three stories in height or which have more than ten thousand (10,000) square feet of floor area regardless of fire area, area separation walls, or fire walls. 2. An automatic sprinkler system shall be installed in all new buildings of combustible construction, (type III, IV & V) including Group R-3, which exceed two stories in height or which have more than seven thousand five hundred (7,500) square feet of floor area regardless of fire area, area separation walls, or fire walls. 3. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the building, exceeds ten thousand (10,000) square feet of noncombustible construction (Type I & II) total floor area, and when the total square footage of all such additions exceeds by more than twenty-five (25) percent of the original floor area regardless of fire area, area separation walls, or fire walls. 4. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of all previous additions and enlargements to the building, exceeds seven thousand five hundred (7,500) square feet of combustible construction (Type III, IV & V) total floor area, and when the total square footage of all such additions exceeds by more than twenty-five (25) percent of the original floor area regardless of fire area, area separation walls, or fire walls. 5. Automatic fire extinguishing systems shall be installed in Group U, Aircraft hangars in accordance with N.F.P.A. Standard 409, latest edition. THIS SECTION DELETED AS 2006 EDITION INCORPORATES THIS REQUIREMENT **Section 903.3.1.1: amended to read as follows: Section 903.3.1.1. NFPA 13 Sprinkler Systems. Where the provisions of this code require a building, or portion thereof, to be equipped throughout with an automatic sprinkler system, sprinklers shall be installed throughout in accordance with N.F.P.A. 13, latest edition, except as provided in Sections 903.3.1.1.1, 903.3.1.2 and 903.3.1.3. **Section 903.3.1.1.1: amended to read as follows: Section 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas, where such rooms are protected with an approved fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because of damp conditions, fire-resistance-rated construction or the presence of electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire resistance rating of not less than 2 hours. 4. Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire resistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. **Section 903.3.1.2: amended to read as follows: Section 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R, latest edition, and as further restricted by section 903.1.2,, with respect to exceptions or reductions permitted by other requirements of this code. **Section 903.3.5: amended to read as follows: Section 903.3.5 Water Supplies. Water supplies for automatic sprinkler systems shall comply with this section, the standards referenced in Section 903.3.1, and other applicable design standards and requirements. The potable water supply shall be protected against backflow in accordance with the requirements of this section and the International Plumbing Code. Every fire protection system shall be designed with a 10 psi safety factor. Section 903.7: amended to read as follows: Section 903. 7. Fire department connections. The fire department connection shall be provided in a location approved by the fire code official, within 50 feet of the fire lane and unobstructed. **Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems, except for fire department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Section 905.2: amended to read as follows: Section 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14, latest edition. **Section 905.3.1.1: added to read as follows: Section 905.3.1.1 Building area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any area is more than 200 feet of travel, vertically or horizontally, as the hose lies, from the nearest point of fire department vehicle access. Exception: Automatic dry and semiautomatic dry standpipes are allowed as specified in NFPA 14. **Section 905.3.2: Exceptions 1 and 2 amended to read as follows: 1. Open-air seating spaces without enclosed spaces. 2. Class I automatic dry and semiautomatic dry standpipes or manual wet standpipes are allowed in buildings where the highest floor surface used for human occupancy is 55 feet or less above the lowest level of fire department vehicle access. **Section 905.4, item #5: amended to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3- percent slope), each standpipe shall be provided with a two-way hose connection located either on the roof or at the highest landing of stairways with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes. **Section 905.9: second paragraph added after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. **Section 906.1, item #1: amended to read as follows: Section 906.1 1. In Groups A, B, E, F, H, I, M, R-1, R-2, R-4, S, and U occupancies. **Section 907.1.3: added to read as follows: Section 907.1.3 Design Standards. All replacement fire alarm systems serving 20 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 40 smoke detectors or more than 100 total alarm activating devices shall be analog intelligent or addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 25% of the building. When cumulative building remodel or expansion exceeds 50% of the building must comply within 18 months of permit application. **Section 907.2.1.1: amended to read as follows: Section 907.2.1.1. System initiation in Group A Occupancies with an occupancy load of three hundred (300) or more. Activation of the fire alarm in Group A Occupancies with an occupancy load of three hundred (300) or more shall immediately initiate an approved prerecorded message announcement using an approved voice communication system in accordance with NFPA 72 that is audible above the ambient noise level of the occupancy. Exception: When approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly approved station. **Section 907.2.3: amended to read as follows: Section 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. **Section 907.2.3: exception #1 amended, and exception #1.1 added, to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50, when provided with an approved automatic sprinkler system. 1.1 Residential In-Home day care with fewer than 12 children may use interconnected single station detectors in all habitable rooms. (For care of five or more children aged 2 1/2 years or younger, see Section 907.2.6.) **Section 907.2.12: amended to read as follows: 907.2.12 High-rise buildings. Buildings with floors used for human occupancy that are located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall incorporate an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. **Section 907.2.12: exceptions #1-5 are deleted. **Section 907.3.1.1: exception #1 is deleted. **Section 907.3.1.8; amend to read as follows: Section 907.3.1.8 Group R-2. A fire alarm system shall be installed in existing Group R-2 apartment buildings with more than three stories. Exceptions: 1. Where each living unit is separated from other contiguous living units by fire barriers have a fire resistance rating of not less than 3/4 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade. 2. A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants. **Section 907.4: added second paragraph to read as follows: Each manual alarm actuating device shall be an approved double action type. ** Section 907.6.1: added to read as follows: Section 907.6.1 Installation. All fire alarm systems shall be installed utilizing Class "A" wiring for all initiating and indicating (NAC) circuits. Class "A" wiring shall be designed to comply with NFPA 72. **Section 907.9.2: amended to read as follows: Section 907.9.2 High-rise buildings. Buildings with floors used for human occupancy that are located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access shall establish separate zones by floor for any of the following types of alarm-initiating devices: 1. Smoke detectors 2. Sprinkler water-flow devices 3. Manual fire alarm boxes 4. Other approved types of automatic fire detection devices or suppression systems. **Section 913.4: second paragraph added to read as follows: The fire-pump system shall also be supervised for "loss of power", "phase reversal" and "pump running" conditions by supervisory signal on distinct circuits. **Section 1020.1.7: amended to read as follows: Section 1020.1.7 Smokeproof enclosures. Each exit that serves building stories where the floor surface is located more than 55 feet above the lowest level of fire department vehicle access or more than 30 feet below the level of exit discharge serving such floor levels shall be a smoke proof enclosure or pressurized stairway in accordance with Section 909.20 of the International Building Code. **Section 2203.1, item #4: amended to read as follows: #4 Such that a nozzle, when the hose is fully extended, will not reach within 10 feet (3,048 mm) of building openings. **Section 3301.1.3: amended to read as follows: Section 3301.1.3 Fireworks. Except as provided otherwise herein, no person shall possess, store, offer for sale, expose for sale, sell at retail, manufacture, use or explode any fireworks within the city limits, or within five thousand feet (5,000 ft) (1,524 m) thereof. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as permitted in Sections 3304 and 3308. 2. The use of fireworks for approved display as permitted in Section 3308. **Section 3308.5.3; amend by the addition of the following section: Marking of Shell. Each aerial shell shall have printed directly on its outer casing the following minimum warning 1/8-inch high letters, which contrast to the background WARNING EXPLOSIVES CLASS "1.4G or 1.3G" FIREWORK DO NOT HANDLE- CALL "911" **Section 3308.12: added to read as follows: Section 3308.12 Ignition. Aerial shells shall be ignited by lighting the tips of fuses by an electrical ignition source, except when manual ignition is approved by the Fire Marshal. Operators shall not place any part of their bodies over the throat of the mortar. **Section 3403.6: sentence added to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. **Section 3404.2.11.5: sentence added to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. **Section 3406.3.9: added to read as follows: Section 3406.3.9 Permit required. An operational permit is required prior to drilling and operating a gas well. **Section 3803.2.1.5: sentence added to read as follows: Standby personnel shall be present during demonstrations. **Addition to Chapter 45 Referenced Standards Chapter 45, Referenced Standards. All compliance standards or references in the Fire Code to the reference standards of the National Fire Protection Association, Batterymarch Park, Quincy, MA, shall pertain to the latest published edition administratively approved by the fire code official, per Section 102.6.for compliance within the Fire Code. SECTION 2. That the fees provided for in Section 106 of the code adopted by Section 1 of this ordinance shall be as follows: 1.Building Fire Safety Follow-Up (Re-inspection) Inspection Fees provided in Section 106: Interior Square Footage Fee 1 to 3,000 $ 25.00 3,001 to 24,000 $ 50.00 24,001 to 100,000 $100.00 over 100,000 $100.00 If a second follow-up (re-inspection) is required because the violation has not been corrected, the following fees shall be charged: 1 to 3,000 $ 50.00 3,001 to 24,000 $100.00 24,001 to 100,000 $200.00 over 100,000 $200.00 2.The fee for an operational permit required under Section 105.6 of the Fire Code shall be $100.00 $200.00 per permit. 3.The fee for a construction permit required under Section 105.7 of the Fire Code shall be $200.00 per permit. 4.The fee for each required permit or inspection of a gas well or its associated infrastructure or development is $200 for each such permit or inspection authorized or performed by the fire marshal or his designee. 5.A fee of $35.00 shall be assessed for each annual inspection of automatic extinguishing systems (Hood Suppression Systems), automatic fire suppression systems, and automatic fire alarm systems conducted pursuant to Section 901.6.1. 6.The permit fee for a temporary sales or display booth in covered malls, conducted pursuant to Section 105.6.10 of the Fire Code, shall be $35.00. 7.A permit fee of $35.00 shall be assessed for a temporary tent permit issued under Section 105.7.12 of the Fire Code, SECTION 3. Any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of its passage. PASSED AND APPROVED this the _______ day of ____________, 2009. ____________________________ MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:________________________________ AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - DCA08-0008 (Temporary Uses) Receive a briefing, hold a discussion and give staff direction on the proposed amendments to Subchapter 12 of the Denton Development Code (DDC). This is a staff initiated Code amendment to add temporary storage containers and other portable storage units, occasional The purpose of this work session is for the City Council to review the proposed amendments a proposals are appropriate. (DCA08-0008) On November 19, 2008, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed amendments by a 6-0 vote. BACKGROUND During the past year, The City received several complaints from residents regarding shipping containers and other portable storage units located in front yards and visible from the street or adjoining properties for long periods of time. discovered that there are currently no provisions in the DDC governing shipping containers or other portable storage units. Staff is proposing language to the DDC that will allow the use of shipping containers and other portable storage units on a temporary basis via a temporary use permit. The number of permits allowed and number of days per permit are described in Table 35.12.9. During this review, staff also discovered that the DDC does not allow such uses as occasional sales or s. Therefore, staff is also proposing language that will permit occasional sales and farmes as temporary uses. Recommendation: Subchapter 35.12.9 of the DDC be amended as follows: Recommended text additions are shown in blue and underlined and recommended text deletions are shown in red with strikethrough. A. Purpose The purpose of this subsection is to allow certain uses on a temporary basis under certain limited conditions. The Building Official may permit temporary uses in accordance with Table 35.12.9 of this code. The building official may permit certain specified uses in certain specified zoning districts and use classifications for limited periods of time, upon application for permit and satisfaction of predetermined criteria. B. Revocation. The Building Official may revoke a temporary use permit if it is determined that: 1.The applicant has misrepresented any material fact on his or her application, or supporting materials. 2.The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. 3.The operation of the temporary use violates any applicable statute, law, ordinance or regulation. 4.The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety or welfare of the public. C. Conditions. The Building Official may prescribe reasonable conditions upon a temporary use permit to protect the public health, safety and general welfare of the community, with particular attention to areas proximately located to the permitted temporary use. Such conditions may include specific performance standards, noise mitigation measures, lighting restrictions, restrictions on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, and other standards designed to minimize adverse impacts on surrounding areas. D. General Provisions. 1.An application and fee will be submitted. 2.Upon expiration or revocation of a temporary use permit, the applicant shall clean the site of all debris, whether generated by the temporary use or not. 3.Code may be prosecuted or enjoined as a zoning violation. Such remedies are cumulative of, and in addition to, other remedies which may exist at law or equity. 4.Neither the granting its terms, shall constitute a defense to prosecution under any law or ordinance, other than as stated in this subsection. A temporary use permit serves only to Page - 2 conditionally permit the temporary use of property, provided that the permittee strictly complies with all permit requirements and restrictions. Despite the fact that a temporary use permit m responsibility to fully comply with all such laws and regulations, whether addressed by the permit or not. The city does not warrant that compliance with a temporary use compliance with any other law or ordinances. 5.The Building Official may condition issuance of a temporary use permit upon: a. licensing, surety, insurance and performance standards of any governmental, administrative or regulatory body exercising jurisdiction over the requested temporary use; and b. reasonably sufficient to remediate, repair and restore any public lands, infrastructure, or easements, or any public or private floodplains or environmentally sensitive areas, which could foreseeably suffer damage, directly or indirectly, as a consequence of the requested temporary use, regardless of whether such damages are actually caused by the applicant or by third-party participants in the temporary activity. 6.The applicant shall post the permit issued by the City in a prominent location on the site. 7.All temporary uses, except occasionalsales, shall comply with the following:  a.Temporary uses shall comply with applicable setback requirements listed in Subchapter 5, Zoning Districts and Limitations. In situations where temporary storage containers and other portable storage units are used for loading and unloading purposes and the only placement location is on an existing driveway, temporary storage containers and other portable storage units may encroach into a required setback. b.Display, sales, and other temporary use-related activities shall be conducted on private property and not on public land or rights-of-way unless specifically permitted in writing by the Building Official. c.Vehicular access points, public roads and rights-of-way, and pedestrian or bicycle paths shall not be damaged or obstructed. Public roads may be closed for a temporary special event where specifically authorized by the City Council. d.Hours of operation shall be compatible with the adjacent land uses. e.Devices shall be of a temporary nature, movable, and shall not block visibility for vehicles or pedestrians on or off the lot so as to create a safety hazard. f.The applicant shall guarantee that all trash and debris generated by the temporary use will be removed within 24 hours at no expense to the City. g.Signs shall comply with all Code requirements. Page - 3 E. Uses. 1.Temporary Storage Containers and Other Portable Storage Units a.Temporary storage containers and other portable storage units shall be on an improved surface and may not be located in any part of a fire lane, required parking space, maneuvering lane, public right-of-way, or visibility triangle. b.The property where the temporary storage container is to be located shall contain a principal structure. 2. 3.Christmas Tree and Pumpkin Sales 4.Occasional Sales a.No more than three occasional sales may be allowed upon the premises of a residential dwelling in any twelve-month period (limited to one sale every four months), with a limit of three days per time per lot. b.No new merchandise may be sold or offered for sale at an occasional sale. c.Occasional sale signs indicating the location and date of the occasional sale may not exceed six square feet in area. No more than one such sign may be located upon the premises of the occasional sale, and no more than three such signs may be located off premises. No such signs may be set out more than 24 hours in advance of the sale and all must be removed within 24 hours after the final day of the sale. d.No such occasional sale signs may be attached to any public property, including, but not limited to, any light pole, utility pole, signal pole, sign pole, nor may they be placed or located upon any median of any public street, road or highway. Special Events of Public Interest 5. a.Special events of public interest include outdoor concerts, carnivals, circuses, fairs, festivals, rodeos, and similar temporary events. Permitting decisions shall be made without regard to the content of protected speech. b.Specialevents of public interest are limited to the non-residential zoning districts. c.Permit criteria. The Building Official may grant a temporary use permit if the applicant demonstrates that the temporary use will comply with all applicable laws, ordinances and regulations. Field or Construction Office 6. a.Field or construction offices may only be approved for licensed contractors working on construction projects for which permits have been issued. They shall be located on the same property and within the same project area where the work is being done and shall not encroach into any Page - 4 public right-of-way. Field construction or offices shall be required to meet all applicable state and local building and set-up codes. b.Field or construction offices may not be used as residences. Temporary Concrete or Asphalt Batching Plants 7. a.General requirements. i.Applicants for a permit to operate a temporary concrete or asphalt batching must submit a letter from the Texas Commission on Environmental Quality (TCEQ) indicating that the proposed facility is exempt from the permitting procedures under the standard exemption, as adopted and amended from time to time. ii.All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. iii.The facility shall be operated in a manner which eliminates unnecessary dust, noise and odor (including, with limitation, covering trucks, hoppers and chutes, loading and unloading devices, mixing operation and maintaining driveways and parking areas free of dust). iv.The facility must produce concrete or asphalt for the specific subdivision or project site upon which it is located, and may not produce concrete or asphalt for any other unrelated subdivision or project. v.Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic. vi.All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of layer sand, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions. vii.Temporary concrete batching plants (including associated stationary equipment and stockpiles) shall be located at least three hundred (300) feet from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project. viii.Temporary asphalt batching plants shall be located at least one-half (1/2) mile from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. Page - 5 ix.Applicant shall clear the site of all equipment, material and debris upon completion of the project. b.Hours of operation. The facility may operate only between the hours of 6:00 am and 8:30 pm, Monday through Friday, from June 1 to September 30; 7:00 am and 8:30 pm, Monday through Friday October 1 to May 31; 8:00 am and 8:30 pm on Saturdays; 1:00 pm and 8:30 pm on Sundays. c.Revocation of permit. In addition to the reasons enumerated above, the building official may terminate or revoke a permit for any of the following reasons: i.The facility fails to comply with any of the requirements as listed in this section. ii.The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Natural Resources Conservation Commission as amended from time to time. F. Permit Renewal. An applicant may renew, or receive a new permit for the same activity on the same lot in accordance with the following limitations: Temporary Storage Containers and Other Portable Storage Units 1.: Not to exceed three (3) times a calendar year, with a limit of 30 days per time per lot within residential uses or zoning districts. Temporary storage containers and other portable storage units located within a non-residential zoning district are allowed one (1) permit a calendar year, with a limit of 180 days per lot. Properties that have existing temporary storage containers and other portable storage units prior to the effective date of this Ordinance will be required to obtain a temporary use permit. 2.: Maximum of 180 days per calendar year per lot. Christmas Tree and Pumpkin Sales: 3. Maximum of 30 days per calendar year per event. Special Events of Public Interest: 4. Maximum of 21 days per calendar year per event. All other uses not specifically addressed 5.: Maximum of 30 days per calendar year per lot. Applicants may not obtain a permit for a temporary use for the same lot if that site has exceeded the time limitation for that calendar year. Page - 6 Table 35.12.9 Temporary Use Number of Number of Setback Permits Temporary Use Permitted Zoning days per Requirements Allowed per Permit Year Temporary Storage Setback requirements Containers and Other All Zoning Districts* by zoning district 3 30 days Portable Storage Units (see Subchapter 5)** Setback requirements Non-residential by zoning district 1 180 days Zoning Districts (see Subchapter 5) Setback requirements Christmas Trees and Non-residential by zoning district N/A 30 (per event) Pumpkin Sales Zoning Districts (see Subchapter 5) Setback requirements Special Events of Non-residential 21 days by zoning district N/A Public Interest Zoning Districts (per event) (see Subchapter 5) Setback requirements Field or Construction All Zoning Districts by zoning district *** *** Office (see Subchapter 5) Temporary Concrete Setback requirements or Asphalt Batching All Zoning Districts by zoning district 3 60 Plant (see Subchapter 5) * Temporary storage containers and other portable storage units located within a non-residential zoning district are allowed one (1) permit a calendar year, with a limit of 180 days per lot. ** Temporary storage containers and other portable storage units may encroach into a required setback. ***Field or construction offices may be approved no sooner than 30 days prior to the start of construction and shall be removed within 30 days after completion of the work for which the construction permit has been issued. Page - 7 Recommendation: Add the following definitions to Subchapter 35.23.2 of the DDC: Temporary uses: Temporary uses are defined as activities permitted and described in Section 35.12.9. Temporary Storage Containers and Other Portable Storage Units: Temporary storage containers and other portable storage units used for the storage of items on a property (excluding use for storing equipment during multi-family dwelling and non- residential alterations and construction projects). Christmas Tree and Pumpkin Sales : Christmas tree and pumpkin sales encompass the sale of healthy, nonhazardous, cut or live evergreen trees, wreaths, tree stands and pumpkins. Permits for temporary Christmas tree and pumpkin sales are limited to the non-residential districts. Field or Construction Office : A temporary modular building located at a construction site which serves only as an office until the given construction work is completed. Recommendation: Staff Garage Salein Subchapter 35.23.2 be stricken in its entirety and be replaced as follows: Occasional Sales : Occasional sales are the sale, or offering for sale, of tangible personal property to the public, upon the premises of an existing residential dwelling, by the owner or lessee of the residential dwelling. Such sales commonly include garage or yard sales. Recommendation: Staff recommends that Code be repealed. The purpose is to remove redundant and conflicting material. Page - 8 PRIOR ACTION/REVIEW August 27, 2008 Planning and Zoning Commission Work Session September 10, 2008 Planning and Zoning Commission Work Session November 5, 2008 Planning and Zoning Commission Work Session November 19, 2008 Planning and Zoning Commission Public Hearing 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 RECOMMENDATION On November 19, 2008, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed amendments by a 6-0 vote. EXHIBITS 1.November 19, 2008 Planning and Zoning Commission Minutes Prepared by: Respectfully submitted: Ron Menguita, AICP Mark Cunningham, AICP Planning Supervisor Director of Planning and Development Page - 9 Û¨¸·¾·¬ ï AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Planning AC M: Fred Greene SUBJECT:SI08-0003 (Southeast Denton City Initiated Rezoning) Receive a report, hold a discussion and give staff direction regarding the staff initiated proposed rezoning of approximately 27.2 acres of land from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12); with an associated Mixed Use Residential Protection Overlay. The property is generally bounded by Wye Street to the north, Johnson Street to the west, Ruth Street to the south and Hill Street to the east. (SI08-0003, Southeast Denton City Initiated Zoning Change). BACKGROUND Applicant: City of Denton Denton, TX The zoning district for the area to be rezoned has been Neighborhood Residential 3 (NR-3) since the city-wide rezoning initiative took place in 2002. Prior to 2002, the property was zoned Multi-Family Dwelling District 1 (MF-1). The MF-1 zoning district permitted a host of uses including residential, educational and institutional, recreational and transportation-related uses. The initial study of this area began in February, 2008 when an application was submitted to rezone (Z08-0005) a single lot located at the northwest corner of Ruth and Cross Timber Streets from NR-3 to Neighborhood Residential 6 (NR-6). The purpose of the rezone request was to allow duplexes, as duplexes are not permitted in the existing zoning district of NR-3; however duplexes were permitted in the previous zoning of MF-1. Staff recommended denial; not because duplexes were incompatible or inconsistent with the existing land uses in the immediate vicinity; but because the rezoning request would have rezoned a single lot to a zoning district that permits a higher density and more intense uses than what is allowed in the surrounding area. The NR-6 zoning district would have created an isolated zoning district. Additionally, staff recommended denial zone his property from NR-3 to NR-6 due to the parking requirements for duplexes at the time. A Code Amendment was approved in 2008, making the parking requirement for duplexes no longer a concern in this particular situation. The current parking requirement for single family dwellings, including duplexes, is two (2) spaces per dwelling unit; the spaces cannot be tandem parking spaces. For duplexes, one additional parking space is required for each additional bedroom over three bedrooms. As a result of the city-wide rezoning initiative in 2002, certain uses that currently exist within the identified boundary which were permitted under the old zoning of MF-1 are no longer permitted in the current zoning district. These uses include duplexes, multi-family dwellings and Fred Moore High School. The Fred Moore Day Nursery School, which currently exists on the same lot as Fred Moore High School is permitted in the current zoning district of NR-2 with approval of a Specific Use Permit (SUP). However, in 2006, it was determined that since the daycare center would reside on the same lot as the high school, the nursery would be considered an expansion to the primary use and the daycare center would be considered a Special Exception under Subchapter 35.11.3 of the Denton Development Code, just as the existing school and the aforementioned uses are considered Special Exceptions. On October 7, 2008, City Council directed staff to look at a larger area and consider a city- initiated rezoning effort or a Small Area Plan. The purpose of the rezoning effort is to apply zoning classifications that are more consistent with the existing uses within the area. (See Exhibit 10 for minutes). On January 21, 2009, the Planning and Zoning Commission directed staff to revisit the neighborhood with the goal of laying the concerns to rest which were raised by the neighborhood during the public hearing (See Exhibit 11 for Minutes). A total of five (5) neighborhood meetings were held to speak with residents of Southeast Denton to hear their concerns and work with them to come up with resolutions. Specifically, the concerns raised at the neighborhood meetings were the intrusion of commercial and industrial uses within their neighborhoods, crime, parking and traffic, some of the new single family construction and the desire to not have additional multi-family and duplex developments within the area. The most recent neighborhood meeting was held at the Martin Luther King Recreation Center on December 3, 2008. Sixty (60) area residents attended and the vast majority of those in attendance were in opposition to any rezoning of any property in the area, including the staff initiated proposed rezoning of the subject 27.2 acres. PRIOR ACTION AND REVIEW January 21, 2009 SI08-0003 Planning and Zoning Commission tabled item to a date certain and advised staff to revisit the neighborhood via a neighborhood meeting. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table Item RECOMMENDATION Based on concerns raised by residents of Southeast Denton, staff would like to respectfully withdraw the request to rezone the 27.2 acres located in southeast Denton. EXHIBITS 1.Staff Analysis 2.Ownership Information 3.Location Map 4.Existing Zoning Map 5.Proposed Zoning Map 6.Historical Zoning Map 7.Future Land Use Map 8.Nonconformity Map 9.Notification Map 10.City Council Minutes (10/7/08) 11.Planning and Zoning Commission Minutes (1/21/09) 12.Site Photos Prepared by: _______________________________ Johnna Matthews Associate Planner Respectfully submitted: ______________________________________ Mark Cunningham, AICP Planning and Development Director EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: SI08-0003 DATE TO BE CONSIDERED: April 7, 2009 LOCATION: The subject property is generally bounded by Wye Street to the north, Johnson Street to the west, Ruth Street to the south and Hill Street to the east and includes approximately 27.2 acres of land. APPLICANT: City of Denton 221 N. Elm Street Denton, TX 76201 OWNER: Various Owners (See Exhibit 2) REQUEST: The initial request was to rezone 23.3 acres of land from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district; and rezone approximately 3.89 acres of land (Fred Moore High School and Fred Moore Day Nursery School) from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation with an overlay district. RECOMMENDATION: Based on concerns raised at the neighborhood meeting, staff would like to respectfully withdraw the request to rezone the 27.2 acres located in southeast Denton. COMPREHENSIVE Existing Land Use/Infill Compatibility PLAN DESIGNATION: SITE AND The property is mostly developed with single family residences SURROUNDINGS: including duplexes. Multi-family developments and vacant land also exist within the identified boundary in addition to Fred Moore High School and Fred Moore Day Nursery School. North: Neighborhood Residential 4 (NR-4); Single Family, Vacant Lots South: Neighborhood Residential 4 (NR-4); Single Family, Vacant Lots East: Neighborhood Residential 4 (NR-4); Single Family, Vacant Lots West: Neighborhood Residential Mixed Use (NRMU) and Downtown Commercial General (DC-G); The Village Subdivision, Commercial Developments BACKGROUND The purpose of the Neighborhood Residential zoning districts is to INFORMATION: preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. The purpose of the rezoning initiative is to apply zoning classifications that are consistent and compatible with the existing uses within the identified boundary. As a result of the city- wide rezoning initiative in 2002, existing uses within the area such as duplexes, multi-family developments and the existing Fred Moore High School and Fred Moore Day Nursery are no longer permitted. These uses have been given a Special Exception designation. The proposed zoning change will bring these uses into full compliance with the Denton Development Code and prohibit those uses that are considered to be incompatible, such as commercial and industrial uses. The proposed NRMU zoning district classification and use designation encompasses approximately 3.89 acres and includes the existing Fred Moore High School and Fred Moore Day Nursery. The proposed NRMU-12 zoning district classification and use designation includes the remaining 23.3 acres of land. Staff is proposing an overlay district to address concerns raised at the neighborhood meetings. Those concerns were the intrusion of commercial and industrial uses, parking and traffic, the desire to not have additional duplexes and multi-family developments within the area as well as the desire to not have some sort of control over new single family construction. The overlay conditions include the following: 1.Single Family Detached Dwellings shall be permitted by right; 2.Duplexes shall not exceed three (3) bedrooms per dwelling unit; 3.The minimum lot size for a duplex shall be 8,000 square feet; 4.Multi-family dwellings shall be permitted with approval of a Specific Use Permit (SUP) and shall not exceed four (4) dwelling units; 5.The minimum lot size for any multi-family development shall be 20,000 square feet; 6.No commercial or industrial uses shall be permitted; 7.Any deviations from the above restrictions shall require approval by the City Council following the SUP process. ANALYSIS: Existing Land Use/Infill COMPREHENSIVE Compatibilityture land use designation. The Denton PLAN ANALYSIS: Comprehensive Plan states that within established residential areas, new development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed. The future land use designation for the subject site will not change and the proposal is consistent with the Denton Plan. DEVELOPMENT The proposed zoning districts (NRMU and NRMU-12) are more in- CODE/ZONING keeping with the existing uses within the identified boundary. In ANALYSIS: addi Denton Development Code. They will no longer be considered Special Exceptions, but will be permitted uses. These uses include duplexes, multi-family dwellings and the existing Fred Moore High School and Fred Moore Day Nursery School. Based on concerns raised at the neighborhood meetings by residents and property owners within the vicinity, staff is proposing an overlay district which poses conditions upon future development. The differences between the existing zoning district (NR-3) and the proposed zoning districts (NRMU and NRMU-12) are summarized in the following table. Those uses which are struck through are uses which will not permitted as a result of the overlay district. In the Residential Land Use Category, dwellings above businesses are not permitted in the existing zoning district and will not be permitted in the proposal. Duplexes are not permitted in the existing zoning district, nor are duplexes permitted in the proposed NRMU zoning district area; however they will be permitted in the NRMU-12 zoning district boundary with an overlay condition (See above for Overlay Conditions). Multi-family dwellings are not permitted in the existing zoning district; however, will be permitted in the proposed zoning districts with overlay conditions. No commercial or industrial uses shall be permitted in the proposed zoning districts. No changes are being posed for the Institutional Land Use Category. NR-3 NRMU-NRMU 12 Ɛê?ñ⪸?У?Ð (Existing) (Proposed) (Proposed) ß¹®·½«´¬«®» Ð Ð Ð Ô·ª»­¬±½µ Ôøé÷ Ôøé÷ Ôøé÷ Í·²¹´» Ú¿³·´§ Ü©»´´·²¹­ Ð Ð Ò ÍËÐ ß½½»­­±®§ Ü©»´´·²¹ ˲·¬­ Ôøï÷ Ò Ôøï÷ ߬¬¿½¸»¼ Í·²¹´» Ú¿³·´§ Ü©»´´·²¹­ ÍËÐ Ð Ôøìð÷ Ü©»´´·²¹­ ß¾±ª» Þ«­·²»­­»­ Ò Ð Ð Ô·ª»ñɱ®µ ˲·¬­ Ò Ð Ð Ð Ü«°´»¨»­ Ò Ò Ñª»®´¿§ ݱ²¼·¬·±² ݱ³³«²·¬§ ر³»­ Ú±® ¬¸» Ü·­¿¾´»¼ Ð Ð Ð Ù®±«° ر³»­ Ò ÍËÐ ÍËÐ ÍËÐ Ôøì÷ Ôøì÷ л®³·¬¬»¼ Ó«´¬·óÚ¿³·´§ Ü©»´´·²¹­ Ò Ð»®³·¬¬»¼ ©ñѪ»®´¿§ ©ñѪ»®´¿§ ݱ²¼·¬·±² ݱ²¼·¬·±² Ó¿²«º¿½¬«®»¼ ر«­·²¹ Ü»ª»´±°³»²¬­ Ò Ò Ò NR-3 NRMU-NRMU £««?ñ⪸ 12 ?У?Ð (Existing) (Proposed) (Proposed) ر³» ѽ½«°¿¬·±² Ð Ð Ð Í¿´» ±º Ю±¼«½¬­ Ù®±©² ±² Í·¬» Ò Ò Ò Ø±¬»´­ Ò Ò Ð Ó±¬»´­ Ò Ò Ò Þ»¼ ¿²¼ Þ®»¿µº¿­¬ Ò Ôøïð÷ Рλ¬¿·´ Í¿´»­ ¿²¼ Í»®ª·½» Ò Ôøïë÷ Ôøïé÷ Ó±ª·» ̸»¿¬»®­ Ò Ò Ò Î»­¬¿«®¿²¬ ±® Ю·ª¿¬» Ý´«¾ Ò Ò Ôøïï÷ Ü®·ª»ó¬¸®±«¹¸ Ú¿½·´·¬§ Ò Ò ÍËРЮ±º»­­·±²¿´ Í»®ª·½»­ ¿²¼ Ѻº·½»­ Ò Ôøïì÷ Ôøïé÷ Ï«·½µ Ê»¸·½´» Í»®ª·½·²¹ Ò Ò ÍËÐ Ê»¸·½´» λ°¿·® Ò Ò Ò ß«¬± ¿²¼ ÎÊ Í¿´»­ Ò Ò Ò Ô¿«²¼®§ Ú¿½·´·¬·»­ Ò Ð Ð Û¯«»­¬®·¿² Ú¿½·´·¬·»­ Ò Ò Ò Ñ«¬¼±±® λ½®»¿¬·±² Ð ÍËÐ ÍËРײ¼±±® λ½®»¿¬·±² Ò Ò Ò Ó¿¶±® Ûª»²¬ Û²¬»®¬¿·²³»²¬ Ò Ò Ò Ý±³³»®½·¿´ п®µ·²¹ Ô±¬­ Ò Ò Ò ß¼³·²·­¬®¿¬·ª» ±® λ­»¿®½¸ Ú¿½·´·¬·»­ Ò Ò Ôøïì÷ Þ®±¿¼½¿­¬·²¹ ±º Ю±¼«½¬·±² ͬ«¼·± Ò Ò Ôøïì÷ Í»¨«¿´´§ Ñ®·»²¬»¼ Þ«­·²»­­ Ò Ò Ò Ì»³°±®¿®§ Ë­»­ Ôøíè÷ Ôøíè÷ Ôøíè÷ NR-3 NRMU-NRMU 12 ñªk??ñ⪸?У?Ð (Existing) (Proposed) (Proposed) Ю·²¬·²¹ ñ Ы¾´·­¸·²¹ Ò Ò Ò Þ¿µ»®·»­ Ò Ò Ôøîï÷ Ó¿²«º¿½¬«®» ±º Ò±²ó±¼±®·º»®±«­ Ú±±¼­ Ò Ò Ò Ú»»¼ Ô±¬­ Ò Ò Ò Ú±±¼ Ю±½»­­·²¹ Ò Ò Ò Ô·¹¸¬ Ó¿²«º¿½¬«®·²¹ Ò Ò Ò Ø»¿ª§ Ó¿²«º¿½¬«®·²¹ Ò Ò Ò É¸±´»­¿´» Í¿´»­ Ò Ò Ò É¸±´»­¿´» Ò«®­»®·»­ Ò Ò Ò Ü·­¬®·¾«¬·±² Ý»²¬»® Ò Ò Ò É¸±´»­¿´» ͬ±®¿¹» ¿²¼ Ü·­¬®·¾«¬·±² Ò Ò Ò Í»´ºó­»®ª·½» ͬ±®¿¹» Ò Ò Ò Ý±²­¬®«½¬·±² Ó¿¬»®·¿´­ Í¿´»­ Ò Ò Ò Ö«²µ Ç¿®¼­ ¿²¼ ß«¬± É®»½µ·²¹ Ò Ò Ò Õ»²²»´­ Ò Ò Ò Ê»¬»®·²¿®§ Ý´·²·½­ Ò Ò Ð Í¿²·¬¿®§ Ô¿²¼º·´´­ô ݱ³³»®½·¿´ Ò Ò Ò ×²½·²»®¿¬±®­ô Ì®¿²­º»® ͬ¿¬·±²­ ÍËÐ ÍËÐ ÍËÐ Ù¿­ É»´´­ Ôøîé÷ Ôøîé÷ Ôøîé÷ NR-3 NRMU-NRMU ñª?Ã?k?㪱⪸ 12 ?У?Ð (Existing)(Proposed) (Proposed) Þ¿­·½ ˬ·´·¬·»­ Ôøîë÷ Ôøîë÷ Ôøîë÷ ݱ³³«²·¬§ Í»®ª·½» Ò Ð Ð Ð¿®µ­ ¿²¼ Ñ°»² Í°¿½» РРРݸ«®½¸»­ Ð Ð Ð Í»³·ó°«¾´·½ô Ø¿´´­ô Ý´«¾­ô ¿²¼ Ô±¼¹»­ ÍËÐ Ôøïë÷ Ð Þ«­·²»­­ ñ Ì®¿¼» ͽ¸±±´ Ò Ò Ôøïì÷ ß¼«´¬ ±® ݸ·´¼ Ü¿§ Ý¿®» ÍËÐ Ð Ð Õ·²¼»®¹¿®¬»²ô Û´»³»²¬¿®§ ͽ¸±±´ ÍËÐ Ð Ð Ó·¼¼´» ͽ¸±±´ Ò Ð Ð Ø·¹¸ ͽ¸±±´ Ò Ò ÍËРݱ´´»¹»­ Ò Ò Ò Ø±­°·¬¿´ Ò Ò Ò Û´¼»®´§ ر«­·²¹ Ò Ôøïí÷ Ð Ó»¼·½¿´ Ý»²¬»®­ Ò Ò Ð Ý»³»¬»®·»­ Ò Ò Ò Ó±®¬«¿®·»­ Ò Ò Ò Legend P = Permitted N = Not Permitted SUP = Specific Use Permit Required L(X) = Limited as defined by Subchapter 35.5.8 L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zoning district. 2.The maximum number of accessory dwellings units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1,000 aq. Ft. GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5.The maximum GHFA of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(13) = Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 sf of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a SUP. L(40) = Limited to a maximum 12 units per acre. DEPARTMENT AND The Development Review Committee (DRC) has reviewed the AGENCY REVIEW: request and has provided comments and general information. Based on concerns raised at the neighborhood meeting, staff would like to respectfully withdraw the request to rezone the 27.2 acres located in southeast Denton. FINDINGS: The criteria for approval of Zoning Amendments, per Subchapter 35.3.4.B.2 of the Denton Development Code require that: The proposed rezoning conforms to the Future Land Use 1. element of the Denton Plan. The proposed zoning districts of NRMU and NRMU-12 conform to the Future Land Use Element of the Denton Plan. The future land use designation of the subject property is Existing Land Use/Infill Compatibility. Any Neighborhood Residential land use zoning district would conform to the Future Land Use element of the Denton Plan. These zoning districts include NR-1, NR-2, NR-3, NR-4, NR-6, NRMU-12 and NRMU. The proposed rezoning facilitates the adequate provision of 2. transportation, water, sewers, schools, parks, other public requirements and public convenience. The area is mostly developed and facilities are generally adequate. EXHIBIT 2 PROPERTY OWNERSHIP INFORMATION EXHIBIT 3 LOCATION MAP SITE EXHIBIT 4 EXISTING ZONING MAP SITE EXHIBIT 5 PROPOSED ZONING MAP SITE EXHIBIT 6 HISTORICAL ZONING MAP SITE EXHIBIT 7 FUTURE LAND USE MAP SITE EXHIBIT 8 NONCONFORMITY MAP EXHIBIT 9 NOTIFICATION MAP EXHIBIT 10 CITY COUNCIL MINUTES October 7, 2008 EXHIBIT 11 PLANNING AND ZONING COMMISSION MINUTES February 21, 2009 EXHIBIT 12 SITE PHOTOS North side of Wye Street looking southeast at Fred Moore High School West side of Johnson Street looking south towards Dallas Drive Duplex on the east side of Johnson Street Duplex located on the north side of Ruth Street Multi-Family Development located on the south side of Mill Street Multi-Family Development located on the south side of Mill Street Multi-Family Development located on the west side of Cross Timber Street Duplex located at the northeast corner of Ruth and Cross Timber Streets Duplexes located on the south side of Mill Street Duplexes located on the south side of Mill Street AGENDA INFORMATION SHEET AGENDA DATE: April7, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of a music festival, the 2nd Annual BeanStock, sponsored by Cool The event is to be held on Saturday, April 18, 2009, beginning at 11:00 a.m. and concluding at 12:00 a.m. The exception is specifically requested for extension of the hours of operation for amplified sound. BACKGROUND Jacklyn Graham, , has submitted a request for an extension in the hours of operation. This second annual event will feature live music provided by 12-14 local t. PRIOR ACTION/REVIEW (Council, Boards or Commissions) City Council approved the exception to the noise ordinance (Ord. No. 2001-265) on April 1, 2008 for the 1st Annual BeanStock event. FISCAL INFORMATION None EXHIBITS 1.Letter of Request Respectfully submitted by: Emerson Vorel, Director Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene ______________________________________________________________________________ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of playing music and operating a public address system during the Juneteenth Celebration. The celebration is sponsored by the Juneteenth Committee. The event will be located in the Fred Moore Park on Friday, June 19, 2009, beginning at 6:00 p.m. and concluding at 11:00 p.m.; and on Saturday, June 20, 2009, beginning at 11:00 a.m. and concluding at midnight. This request is for an exception to the hours of operation and for an increase in sound decibels to 75 decibels for the evening concerts. BACKGROUND The Juneteenth Celebration committee has submitted a request to allow the use of amplified sound for live musical performances after 10:00 p.m. and for an increase in decibels from 70 decibels to 75 decibels. This event commemorates the day, June 19, 1865, when General Gordon Granger informed the slaves of Texas that the Emancipation Proclamation had been signed to make all slaves free. The event will feature live bands, choirs and entertainment, a bar-b-que cook-off, and children activities. PRIOR ACTION/REVIEW City Council approved the exception to the noise ordinance (Ord. No. 2001-265) on May 6, 2008 FISCAL INFORMATION None EXHIBITS 1.Letter of Request Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Human Resources CM: George C. Campbell, City Manager SUBJECT 1.Consider adoption of an ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. 2.Consider adoption of an ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. 3.Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing an increase in deferred compensation; authorizing the expenditure of funds; and providing an effective date. 4.Consider adoption of an ordinance approving a salary increase for Steve Shepherd under the performance review provision of his employment agreement with the City; approving an increase in car allowance; authorizing the expenditure of funds; and providing an effective date. BACKGROUND On March 10, 2009, the Council reviewed the accomplishments and goals of each Council th appointee in a closed meeting. At the March 10 Council meeting, Council member Jack Thomson, as chair of the CAPR committee, made recommendations for pay increases for the City Manager, City Attorney, Municipal Judge, and City Auditor as a result of their performance. Additionally, an increase to deferred compensation for the Municipal Judge and an increase to the car allowance for the City Auditor were discussed. The attached ordinances authorize these recommendations. OPTIONS Approve the ordinances as proposed, not approve the ordinances, or make modifications. Page 1 EXHIBITS 1-Ordinance Approving Salary Increase for Campbell 2-Ordinance Approving Salary Increase for Burgess 3-Ordinance Approving Salary Increase and Deferred Compensation Increase for Ramsay 4-Ordinance Approving Salary Increase and Car Allowance for Shepherd Respectfully submitted: ______________________________ Carla J. Romine Director of Human Resources Page 2 AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Jim Coulter 349-7194 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Jagoe-Public Company; providing for the expenditure of funds therefor; and providing an effective date (Bid 3413-Annual Contract for Trucking Services Change Order Number One in the amount of $100,000 for a total bid award not to exceed $156,000). CHANGE ORDER INFORMATION This bid is for an annual contract for trucking services as needed by the City of Denton. The contract is for an hourly rate for 12-yard to 14-yard tandem dump trucks and 20-yard tandem trailers. The rate fluctuates weekly, based upon a published third part index, OPIS. This contract is used to supplement our fleet in the hauling of spoil materials, gravel, concrete, asphalt, and other materials as needed. Although this change order does not impact the hourly rate awarded by Council, current usage of this trucking service indicates a large increase in the estimated annual amount. There are several projects currently in progress and also future projects that may require this increased amount. One in-house project underway at the City of Denton Landfill involving construction of a detention pond is estimated to utilize approximately $80,000 in trucking services. This will leave little room for other contract users such as Streets, Drainage, and Parks. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved the contract on December 13, 2005 for an annual estimated amount of $56,000 to Hickory Creek Haulers, a subsidiary of Jagoe-Public Company at the time. RECOMMENDATION Approve Change Order One in the amount of $100,000 to the City o Jagoe-Public Company increasing the total bid award amount to a not to exceed estimate of $156,000. Agenda Information Sheet April 7, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS Jagoe-Public Company Denton, TX ESTIMATED SCHEDULE OF PROJECT This bid is for an annual contract for trucking services as needed by the City of Denton. It has been renewed through December 15, 2009. FISCAL INFORMATION The additional amounts included in this change order will be funded from accounts provided by the using departments as the hauling services are needed. EXHIBIT 1 Exhibit 1: Bid Award Hourly Rates Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3413 Û¨¸·¾·¬ ï BID #3413 DATE: 11/10/05 ANNUAL CONTRACT FOR TRUCKING SERVICES No.DESCRIPTIONVENDOR Ю·½» °»® ¸±«® ¬± ¸¿«´ ­°±·´ ³¿¬»®·¿´­ô ØÓßÝô ½±²½®»¬»ô Hickory Creek ¹®¿ª»´ô ¿²¼ ±¬¸»® ³¿¬»®·¿´­ ¿­ ®»¯«·®»¼ô º±® ¼·ºº»®»²¬ Haulers, Inc. ±°»®¿¬·±²­ ¬¸®±«¹¸±«¬ ¬¸» ½±²¬®¿½¬ °»®·±¼ô »¨½´«¼·²¹ º«»´ò Ю·²½·°´» д¿½» ±º Þ«­·²»­­æ Denton, TX 1 л® ¸±«®ô л® Ì¿²¼»³ Ì®«½µóÓ·²·³«³ ïì Ç¿®¼ Ü«³°üîêòèð л® ر«®ô л® Ì¿²¼»³ Ì®¿·´»®óÓ·²·³«³ îð д«­ Ç¿®¼ Û²¼ 2 üêðòðð Ü«³° Items 3 & 4- Fuel Rate To Operate Above By The Hour 3 Þ¿­» Ú«»´ כּ л® ر«® ̱ Ñ°»®¿¬» Ì¿²¼»³ Ì®«½µüïëòðð ìÞ¿­» Ú«»´ כּ л® ر«® ̱ Ñ°»®¿¬» Ì¿²¼»³ Ì®¿·´»®üïëòðð ͸·°³»²¬ ½¿² ¾» ³¿¼» ·² ÁÁÁÁ ¼¿§­ º®±³ ®»½»·°¬ ±º ±®¼»®òí ߪ»®¿¹» ɸ±´»­¿´» כּ °»® ÜÚÉ Ñ·´ Ю·½» ײº±®³¿¬·±² üïòççïè Í»®ª·½» øÑÐ×Í÷ ¿¬ ¾·¼ ±°»²·²¹ ORDINANCE NO. __________   AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE- PUBLIC COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3413-ANNUAL CONTRACT FOR TRUCKING SERVICES CHANGE ORDER NUMBER ONE IN THE AMOUNT OF $100,000 FOR A TOTAL BID AWARD OF $156,000). WHEREAS, on December 13, 2005 by Ordinance No. 2005-370, the City awarded a contract to Hickory Creek Haulers, LLC, now doing business as Jagoe-Public Company, for the hauling of materials for various city departments; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to an increase in the payment amount, and said change order 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 maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. One, in the amount of $100,000, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________  APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY  BY: _________________________________ 3-ORD-Bid 3413  AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute a change order to amend the lease purchase financing agreement between the City of Denton and Chase Equipment Leasing, Inc.; providing for the expenditure of funds therefor; and providing an effective date (File 4247Third Party Lease Purchase of Solid Waste and Waste Water Vehicles and Equipment change order to amend approximate finance charges to $183,198.50 for 60 months in the estimated principal sum of $1,686,746 for an estimated total payback amount of $1,869,944.50 ). FILE INFORMATION This change order to the funding process is the result of a revision to the lease purchase financing equipment list originally submitted for approval to Council on February 3, 2009. The landfill compactor estimated at $800,000 has been deleted and a Peterbilt Box Truck, Wacker Soil Packer, and a Rubber Tire Wheel Loader have been added in its place. These items have been, or will be, presented to Council for final approval. The revised equipment schedule is attached as Exhibit 1. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved a lease purchase financing agreement with Chase Equipment Leasing Inc. on February 3, 2009 (Ordinance 2009-026) with approximate finance charges of $257,351.57 for 60 months in the estimated principal sum of $2,369,488 for an estimated total payback amount of $2,626,839.57. RECOMMENDATION Approve a change order to amend the lease purchase financing agreement between the City of Denton and Chase Equipment Leasing, Inc. by approving a revised Schedule A to amend approximate finance charges to $183,198.50 for 60 months in the estimated principal sum of $1,686,746 for an estimated total payback amount of $1,869,944.50). PRINCIPAL PLACE OF BUSINESS Chase Equipment Leasing, Inc. Dallas, TX Agenda Information Sheet April 7, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT Funds will be available upon Council approval of the change order and will be dispersed as equipment is received. The first payment is due one year from funding and every twelve months thereafter throughout the five year agreement period. FISCAL INFORMATION The finance charges or interest in the approximate total amount of $183,198.50 will be paid as a portion of the annual payments. The total amount of the lease is approximately $1,683,746 and will be paid from budgeted equipment acquisition funds from Solid Waste and Waste Water departments. 60 Months@3.84% Financed Amount $1,686,746.00 Approx. Finance Charges $ 183,198.50 Approx. Total Payback $1,869,944.50 Approx. EXHIBITS Exhibit 1: Revised Equipment List Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4247 Exhibit 1 Equipment Listing for Chase Equipment Lease 1000133361 Schedule A Estimated Equipment Quant. Purchase Price Total Side Load Refuse Truck 1 each $105,808 $105,808 (McNeilus) Front Load Refuse Truck 3 each $101,902 $305,706 Body (McNeilus) Front Load Refuse Truck 4 each $123,170 $492,680 Chassis (Peterbilt) Front Load Refuse Body 1 each $111,602 $111,602 With Scales (McNeilus) Front Load Refuse Chassis 1 each $121,550 $121,550 (Peterbilt) 14 Yd Dump Truck 2 each $ 106,892 $213,784 (Peterbilt) Backhoe Tractor 1 each $ 73,073 $ 73,073 (Case) Skid Loader 1 each $ 38,392 $ 38,392 (Bobcat) Box Truck 1 each $ 52,092 $ 52,092 (Peterbilt) Wacker Packer 1 each $ 33,185 $ 33,185 (Komatsu) L70F Wheel Loader 1 each $ 138,874 $138,874 (Romco) Total Approximate Cost $1,686,746 ORDINANCE NO. __________   AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO AMEND THE LEASE PURCHASE FINANCING AGREEMENT BETWEEN THE CITY OF DENTON AND CHASE EQUIPMENT LEASING, INC.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4247THIRD PARTY LEASE PURCHASE OF SOLID WASTE AND WASTE WATER VEHICLES AND EQUIPMENT CHANGE ORDER TO AMEND APPROXIMATE FINANCE CHARGES TO $183,198.50 FOR 60 MONTHS IN THE ESTIMATED PRINCIPAL SUM OF $1,686,746 FOR AN ESTIMATED TOTAL PAYBACK AMOUNT OF $1,869,944.50 ). WHEREAS, on February 3, 2009 by Ordinance No. 2009-026, the City approved a lease purchase financing agreement with Chase Equipment Leasing Inc. with approximate finance charges of $257,351.57 for 60 months in the estimated principal sum of $2,369,488 for an estimated total payback amount of $2,626,839.57; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such agreement with respect to a change in the Schedule A Equipment Listing resulting in a decrease in the principal sum amount, finance charges and estimated total payback amount, and said change order under the proposed contract is fair and reasonable; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order amending the lease purchase financing agreement between the City of Denton and Chase Equipment Leasing, Inc. by revising the Schedule A to amend approximate finance charges to $183,198.50 for 60 months in the estimated principal sum of $1,686,746 for an estimated total payback amount of $1,869,944.50, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY  BY: _________________________________ 3-ORD-File 4247 Exhibit A Equipment Listing for Chase Equipment Lease 1000133361 Schedule A Estimated Equipment Quant. Purchase Price Total Side Load Refuse Truck 1 each $105,808 $105,808 (McNeilus) Front Load Refuse Truck 3 each $101,902 $305,706 Body (McNeilus) Front Load Refuse Truck 4 each $123,170 $492,680 Chassis (Peterbilt) Front Load Refuse Body 1 each $111,602 $111,602 With Scales (McNeilus) Front Load Refuse Chassis 1 each $121,550 $121,550 (Peterbilt) 14 Yd Dump Truck 2 each $ 106,892 $213,784 (Peterbilt) Backhoe Tractor 1 each $ 73,073 $ 73,073 (Case) Skid Loader 1 each $ 38,392 $ 38,392 (Bobcat) Box Truck 1 each $ 52,092 $ 52,092 (Peterbilt) Wacker Packer 1 each $ 33,185 $ 33,185 (Komatsu) L70F Wheel Loader 1 each $ 138,874 $138,874 (Romco) Total Approximate Cost $1,686,746 AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of Keller, Texas under Section 271.102 of the Local Government Code, to authorize participation in various City of Keller contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4267-Interlocal Agreement with the City of Keller, Texas). FILE INFORMATION Section 271.102 of the Local Government Code, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. The attached Agreement is an authorization to participate in contracts awarded by the City of Keller and will remain in effect until terminated by either party. Any acquisition exceeding $100,000 will be presented to Council for approval, prior to issuing a purchase order. This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by the City of Keller, Texas. In the past, we have purchased such items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other supplies from similar agreements. The bid process followed by the City of Keller, Texas meets all State bidding requirements and bid opportunities are extended to all local suppliers. RECOMMENDATION Approve an Interlocal Agreement between the City of Denton and the City of Keller, Texas. ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval by the City of Denton and will remain in effect until terminated by either party. Agenda Information Sheet April 7, 2009 Page 2 FISCAL INFORMATION Each acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4267 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF KELLER, TEXAS UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF KELLER CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4267-INTERLOCAL AGREEMENT WITH THE CITY OF KELLER, TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the City of Keller under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by SECTION 2. The City Manager or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 2-ORD-File 4267 AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Denton County Transit Authority (DCTA) under Section 271.102 of the Local Government Code, to authorize participation in various DCTA contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 4268-Interlocal Agreement with the Denton County Transportation Authority). FILE INFORMATION Section 271.102 of the Local Government Code, authorizes respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies, and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. The attached Agreement is an authorization to participate in contracts awarded by the Denton County Transit Authority and will remain in effect until terminated by either party. Any acquisition exceeding $100,000 will be presented to Council for approval, prior to issuing a purchase order. This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by the Denton County Transit Authority. In the past, we have purchased such items as police sedans, tires, corrugated metal pipe, lubricants, oils, road materials, and other supplies from similar agreements. The bid process followed by the Denton County Transit Authority meets all State bidding requirements and bid opportunities are extended to all local suppliers. RECOMMENDATION Approve an Interlocal Agreement between the City of Denton and the Denton County Transit Authority. PRINCIPAL PLACE OF BUSINESS Denton County Transit Authority Lewisville, TX Agenda Information Sheet April 7, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT This agreement is effective upon approval by the City of Denton and the Denton County Transit Authority and will remain in effect until terminated by either party. FISCAL INFORMATION Each acquisition, based on this Agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-4268 ORDINANCE NO. ___________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE DENTON COUNTY TRANSIT AUTHORITY (DCTA) UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS DCTA CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4268-INTERLOCAL AGREEMENT WITH THE DENTON COUNTY TRANSIT AUTHORITY). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the Denton County Transit under Section 271.102 of the Local Government Code, a copy of which is attached hereto and SECTION 2. The City Manager or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _______ day of _______________________, 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 2-ORD-File 4268 AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of 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 4272- Bucket Truck with Aerial Device awarded to Altec Industries, Inc. in the amount of $132,788). The Public Utilities Board recommends approval (4-0). FILE INFORMATION In September 2002, the Texas Building and Procurement Commission awarded a contract for the purchase of Vehicle-Mounted Personnel Lifts, (Bucket Trucks) to Altec Industries, Inc. (Contract TXMAS-3-23010). This transaction is for the acquisition of a Motor Pool replacement and will be put into service immediately as the original 1998 model bucket truck has been taken out of service. The replacement vehicle, an Altec Model TA60, has a two person bucket, a working height of 64.8 feet, a full service body and is mounted on a 2010 Peterbilt Hybrid, Model 335 and chassis. The unit is powered by a PACCAR PX-6, Tier II engine that complies with EPA and TCEQ regulations for vehicles of this size and a Hybrid Transmission. The Hybrid Peterbilt chassis is being supplied to the City of Denton based upon a one dollar annual lease. In return, the City Fleet Services Department has agreed to maintain and supply PACCAR with various types of test reports, performance records, and maintenance costs. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 23, 2009 meeting. RECOMMENDATION Award the purchase of an aerial device bucket truck to Altec Industries, Inc. in the amount of $132,788. Agenda Information Sheet April 7, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS Altec Industries, Inc. Altec Industries, Inc. Waxahachie, TX St. Joseph, MO ESTIMATED SCHEDULE OF PROJECT Delivery of the truck can be made within 180 days of receipt of the order. FISCAL INFORMATION This item will be funded from account 602498605.1355.3920. Requisition 92501 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Price Quote from Altec Industries, Inc. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4272 Û¨¸·¾·¬ ï ORDINANCE NO. _______ 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 4272-BUCKET TRUCK WITH AERIAL DEVICE AWARDED TO ALTEC INDUSTRIES, INC. IN THE AMOUNT OF $132,788). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission 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 Building and Procurement 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 purchase order for materials, equipment, supplies, or services, shown in the File Number listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 4272 Altec Industries, Inc. $132,788 SECTION 2. By the acceptance and approval of the above items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission 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 Building and Procurement Commission, 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 Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which is on file in the office of the Purchasing Agent; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, 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 bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ___________day of ______________, 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:___________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY  BY: _________________________________ 4-ORD-File 4272   1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 March 23, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, Bill Cheek, Secretary, as Acting Chair of the Public Utilities Board thereafter convened 7 into an Open Meeting on Monday, March 23, 2009 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton. 9 Present: 10 Bill Cheek, Phil Gallivan, John Baines, and Randy Robinson 11 12 Ex Officio Members: 13 George Campbell, excused 14 Howard Martin, ACM, Utilities 15 Absent 16 : Charldean Newell and Dick Smith, both excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 3)Consider recommending adoption of an ordinance awarding a contract under the Texas 25 Multiple Award Schedule (TXMAS) program for the purchase of a bucket truck with aerial 26 device as awarded by the State of Texas Building and Procurement Commission (Contract 27 TXMAS-3-23010) in the amount not to exceed $132,788 and providing for the expenditure 28 of funds therefor. 29 Board Member Randy Robinson moved to approve Item 3 with a second from Board 30 Member Phil Gallivan. The motion was approved by a 4-0 vote. 31 32 33 The meeting ended at 10:27 a.m. AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions 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 Houston-Galveston Area Council (H-GAC) and Buy Board Cooperative Purchasing Network for the acquisition of a Flushing Truck for the City of Denton Wastewater Collections Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4285-Interlocal Agreement for the purchase of a Flushing Truck for Wastewater Collections Department awarded to Rush Truck Center, Crane in the amount of $91,262 for a Peterbilt Truck Model 340 Cab and to VAC-CON Inc. in the amount of $185,100.96 for a Sewer Cleaner/Flushing Chassis for a total award amount of $276,362.96). The Public Utilities Board recommends approval (4-0). FILE INFORMATION The Buy Board awarded contract #281-07 to Rush Truck Center, Crane for a Peterbilt Truck Model #340 and HGAC awarded a contract to VAC-CON Inc. for the purchase of a Sewer Cleaner/Flushing Chassis. This truck will be purchased and installation completed by VAC-CON for the Flushing/Sewer Cleaner body in Houston, TX. This unit is replacing unit#WC0328, which is an Aqua Tech combination flushing truck. This unit allows us to maintain the public wastewater collection system lines in a free-flowing condition in order to protect the public health and environment. This unit is a valuable piece of equipment for the Wastewater Collections Department. Maintenance and operational expenses will be covered within the Water Collections annual budget, upon receipt. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 23, 2009 meeting. RECOMMENDATION Approve the purchase of a Flushing Truck for the Wastewater Collections Department from Rush Truck Center, Crane in the amount of $91,262 for a Peterbilt Truck Model 340 Cab and to VAC-CON Inc. in the amount of $185,100.96 for a Sewer Cleaner/Flushing Chassis for a total award amount of $276,362.96 Agenda Information Sheet April 7, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS Rush Truck Center, Crane VAC-CON Inc. San Antonio, TX Green Cove Springs, FL ESTIMATED SCHEDULE OF PROJECT Delivery of the truck can be made within 180 days of receipt. FISCAL INFORMATION Requisition 92510 has been entered in the Purchasing software system for the Peterbilt Cab, which will be funded from account 645005645.1355.30100 in the amount of $91,262. Requisition 92504 has been entered in the Purchasing software system for the Flushing/Sewer Cleaner Chassis, which will funded from account 645005645.1355.30100 in the amount of $185,100.96. EXHIBITS Exhibit 1: Price Quote from Rush Truck Center, Crane Exhibit 2: Quote from VAC-CON, Inc. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4285 Û¨¸·¾·¬ ï Û¨¸·¾·¬ î ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON- GALVESTON AREA COUNCIL (H-GAC) AND BUY BOARD COOPERATIVE PURCHASING NETWORKS FOR THE ACQUISITION OF A FLUSHING TRUCK FOR THE CITY OF DENTON WASTEWATER COLLECTIONS DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4285-INTERLOCAL AGREEMENT FOR THE PURCHASE OF A FLUSHING TRUCK FOR WASTEWATER COLLECTIONS DEPARTMENT AWARDED TO RUSH TRUCK CENTER IN THE AMOUNT OF $91,262 FOR A PETERBILT TRUCK MODEL 340 CAB AND TO VAC-CON INC. IN THE AMOUNT OF $185,100.96 FOR A SEWER CLEANER/FLUSHING CHASSIS FOR A TOTAL AWARD AMOUNT OF $276,362.96). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, 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 Houston-Galveston Area Council of Government (H-GAC) and Buy Board Cooperative Purchasing Networks 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. ITEM NUMBER VENDOR AMOUNT 1 Buy Board/Rush Truck Center, Crane $ 91,262.00 1 H-GAC/ VAC-CON Inc. $ 185,100.96 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC 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 -GAC 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 H-GAC or Buy Board, quantities and specified sums 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 , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-4285 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 March 23, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, Bill Cheek, Secretary, as Acting Chair of the Public Utilities Board thereafter convened 7 into an Open Meeting on Monday, March 23, 2009 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton. 9 Present: 10 Bill Cheek, Phil Gallivan, John Baines, and Randy Robinson 11 12 Ex Officio Members: 13 George Campbell, excused 14 Howard Martin, ACM, Utilities 15 Absent 16 : Charldean Newell and Dick Smith, both excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 4)Consider recommending adoption of an ordinance awarding a contract for the purchase of a 25 Flushing Truck made in combination of a Peterbilt Model 340 truck and Vac-Con Sewer 26 Cleaner and providing for the expenditure of funds therefor. 27 Board Member Randy Robinson moved to approve Item 4 with a second from Board 28 Member Phil Gallivan. The motion was approved by a 4-0 vote. 29 30 31 The meeting ended at 10:27 a.m. 32 AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule (TXMAS) program for the purchase of a Volvo L70F Wheel Loader as awarded by the State of Texas Building and Procurement Commission (Contract TXMAS-7-23VO10); providing for the expenditure of funds therefor; and providing an effective date (File 4286-Wheel Loader awarded to Romco Equipment Co. in the amount of $138,874). The Public Utilities Board recommends approval (4-0). FILE INFORMATION The TXMAS program awarded a contract to Romco Equipment Co. for the purchase of a Volvo L70F Wheel Loader. This loader is comprised of a Volvo D6E LB E3 Turbo charged Diesel Engine with 169 hp, is Tier III compliant (EPA), 100 Hook on Bucket with bolt on cutting edge, and . This unit is replacing unit#BS0536, which is being sold to the Electric Department for use. The new loader will allow the Beneficial Reuse Division to load sales customers and will also be used to load large trucks, push up brush, carry heavier material, and assist with the overall day-to-day activities of producing nine Dyno Dirt products. Maintenance and operational expenses will be covered within the Beneficial Reuse annual budget, upon receipt. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its March 23, 2009 meeting. RECOMMENDATION Award the purchase of a Volvo L70F Wheel Loader, to Romco Equipment Co., in the amount of $138,874. PRINCIPAL PLACE OF BUSINESS Romco Equipment Co. Ft. Worth, TX Agenda Information Sheet April 7, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT The Wheel Loader can be delivered within 180 days of receipt of an order. FISCAL INFORMATION This item will be funded from third party equipment leasing funds. Requisition 92503 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Price Quote from Romco Equipment Co. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4286 Û¨¸·¾·¬ ï ORDINANCE NO. _______ AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE (TXMAS) PROGRAM FOR THE PURCHASE OF A VOLVO L70F WHEEL LOADER AS AWARDED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION (CONTRACT TXMAS-7-23VO10); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4286-WHEEL LOADER AWARDED TO ROMCO EQUIPMENT CO. IN THE AMOUNT OF $138,874). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission 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 Building and Procurement 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 purchase order for materials, equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 4286 Romco Equipment Co. $138,874 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission 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 Building and Procurement Commission, 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 the Building and Procurement Commission, 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 Building and Procurement Commission, 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 bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ___________day of ______________, 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:___________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY  BY: _________________________________ 3-ORD-File 4286   1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 March 23, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, Bill Cheek, Secretary, as Acting Chair of the Public Utilities Board thereafter convened 7 into an Open Meeting on Monday, March 23, 2009 at 9:00 a.m. in the Service Center Training 8 Room, City of Denton Service Center, 901-A Texas Street, Denton. 9 Present: 10 Bill Cheek, Phil Gallivan, John Baines, and Randy Robinson 11 12 Ex Officio Members: 13 George Campbell, excused 14 Howard Martin, ACM, Utilities 15 Absent 16 : Charldean Newell and Dick Smith, both excused 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 21 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 25 2)Consider recommending adoption of an ordinance awarding a contract for the purchase of a 26 ROMCO Volvo L70F Wheel Loader in the amount of not-to-exceed $138,874 and providing 27 for the expenditure of funds therefor. 28 Board Member Randy Robinson moved to approve Item 2 with a second from Board 29 Member Phil Gallivan. The motion was approved by a 4-0 vote. 30 31 32 The meeting ended at 10:27 a.m. AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-7460 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of concrete pavement for the Denia Park trail; providing for the expenditure of funds therefore; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $127,110.77). BID/RFSP INFORMATION This item is for the construction of 1,545 feet of sidewalk and a Type1 wheel chair ramp for the Denia Park Trail. A line item description of the project cost is included in the attached proposals from Floyd Smith (Exhibit 1). Bid 3516 is an annual contract to provide miscellaneous concrete related repair and for small construction projects. Council stipulated that any projects costing $100,000 or more that are quoted through this bid must obtain separate Council approval. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) Bid 3516 was originally awarded by Council on June 25, 2006 and has been renewed through June 25, 2009. RECOMMENDATION Approve the award of a contract with Floyd Smith Concrete, Inc. in the amount of $127,110.77. PRINCIPAL PLACE OF BUSINESS Floyd Smith Concrete, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This project will begin upon Council approval and is estimated to be completed within 60 days. Agenda Information Sheet April 7, 2009 Page 2 FISCAL INFORMATION This item will be funded from account 400074457.1360.40100. Requisition 92217 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Project Estimate Information Sheet Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3516 Û¨¸·¾·¬ ï ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF CONCRETE PAVEMENT FOR THE DENIA PARK TRAIL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3516-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF $127,110.77). 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 3516 Floyd Smith Concrete, Inc. $127,110.77 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 , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY  BY: _________________________________ 3-ORD-Bid 3516    AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7133 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of miscellaneous electric utility hardware and materials for the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (Bid 4260-Miscellaneous Electric Utility Hardware and Materials for Warehouse Stock awarded to the lowest responsible bidder meeting specification for each item in the estimated amount of $145,000). BID INFORMATION The items contained in this bid will be used for the construction of five overhead projects for Denton Municipal Electric. The installation of the electric overhead infrastructure was approved by Council on March 3, 2009. A description of each project is listed below: Project 1: Co-Gen site project along Foster Road at the Landfill (Upgrade facilities and re-conductor 3,000 linear feet of three-phase overhead line) Project 2: FM 1515 (Airport Road) Phase I and Phase II Projects (Upgrade facilities and re-conductor 3,800 linear feet of three-phase overhead line to a double circuit line) Project 3: Rails to Trail Phase III Project (Upgrade facilities and re-conductor 1,500 linear feet of a single three-phase overhead line to a double circuit line) Project 4: Water Reclamation Plant Feeder Project (Construct 3,900 feet of new overhead three-phase overhead line and retire 3,200 of three-phase overhead line from Treatment Plant Road) Project 5: Underwood and Avenue A System Improvement Project (Upgrade facilities and re-conductor 950 linear feet of three-phase overhead line) Agenda Information Sheet April 7, 2009 Page 2 RECOMMENDATION Award to the lowest responsible bidder meeting specification for each item as listed in Exhibit A to the ordinance in the estimated amount of $145,000. Items 11-14 and 34 will not be awarded at this time. The apparent low bid on items 7,8,15,26,32,35,37,41, and 55 did not meet specification. The products quoted were either not of the approved brand and quality or did not meet the product needs of the City. Items 23,24,26 and 33 had vendors that submitted the same bid pricing; therefore, lots were cast to determine the bid award. PRINCIPAL PLACE OF BUSINESS HD Supply Stuart C. Irby Techline, Inc. Wesco Distribution Corinth, TX Fort Worth, TX Fort Worth, TX Haltom City, TX ESTIMATED SCHEDULE OF PROJECT This is a one-time purchase of materials to be used for five Denton Municipal Electric projects. The projects are scheduled to be completed by September 2009. FISCAL INFORMATION The items in this bid will be funded from the Warehouse working capital account and charged back to the appropriate project as needed. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4260 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MISCELLANEOUS ELECTRIC UTILITY HARDWARE AND MATERIALS FOR THE CITY OF DENTON WAREHOUSE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4260-MISCELLANEOUS ELECTRIC UTILITY HARDWARE AND MATERIALS FOR WAREHOUSE STOCK AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM IN THE ESTIMATED AMOUNT OF $145,000).   WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation 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 bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 4260 1-3,46,48 Stuart Irby Exhibit A 4260 4-7,15,17-19,26,29, Techline, Inc. Exhibit A 32,36,40-45,49-50, 53-54, 56-58 4260 8,16,21-22,24,33,47 Wesco Distribution Exhibit A 4260 9-10,20,23,25,27-28, HD Supply Exhibit A 30-31,35,37-39,51,52, 55 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents.    SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY  BY: _________________________________ 3-ORD-BID 4260   AGENDA INFORMATION SHEET th AGENDA DATE: APRIL 7, 2009 DEPARTMENT: DENTON MUNICPAL JUDGE’S OFFICE CM/ ACM: Robin A. Ramsay, Denton Municipal Judge SUBJECT Consideration of recommendation or nomination of candidates for the position of Assistant Municipal Judge, and; Consideration and adoption of an ordinance appointing or re-appointing the Presiding Judge and Assistant Municipal Judges for the city of Denton Municipal Court. BACKGROUND Over the past ten years, the Denton Municipal Court has experienced continued growth. The total number of cases filed (and disposed) has increased somewhat disproportionally to the increase in the growth of the city’s population. In calendar year 1996, the Court processed over 30,000 cases. In calendar year 2008, the Court processed over 52,000 cases. Prior to the tenure of the current Presiding Judge, the Judge’s Office was staffed by a full-time Presiding Judge, one (1) additional appointed permanent “part-time” (twenty-hour) judicial position and an additional twenty (20) hours allocated for assignment to other assistant judges. In essence, prior to 1996, the Judge’s Office was staffed and supported by the equivalent of two (2) full time judicial positions scheduled during the court’s traditional work week. In February of 1996, upon taking office, the current Presiding Judge chose to forego filling the part-time judicial position, and by the 1998 budget, the position was effectively eliminated. In place of the forty (40) total hours of time assigned to part-time or assistant judges, the Presiding Judge assumed many of those hours previously performed by his assistants. In order to meet the weekday operations of the Court, the Judge’s Office reduced the number of hours assigned to assistant judges to a total of one thousand forty (1040) hours annually. This budgeted amount provided for coverage of any dockets, or other judicial/ magisterial duties during the normal work week that must be performed in the absence or illness of the Presiding Judge. This restructuring eliminated a need for benefit costs, and allowed for a flexibility in budgeting which could be adjusted on a weekly basis according to the needs of the office. While assistant judges could be called upon to perform duties when necessary, Assistant Judges were not guaranteed any minimum number of hours. Through this process, the Judge’s Office greatly reduced the total number of hours required for operation of the Court. What had been budgeted for a total annual expenditure of approximately 4,600 hours of judicial hours (including weekend jail magistrations), has been reduced to a total annual expenditure of approximately 3,600 total hours (including weekend jail magistrations.) Importantly, this “hours by assignment only” approach allows for even greater ability to conserve financial resources when necessary. By this process, the Court has, in every budget year since 1996, been able to spend less than budgeted for personnel costs, eliminated additional benefit expenses, and reduced the total number of judicial hours assigned to assistant judges to less than ten (10) hours during the average work week. While this “hours by assignment only” approach has greatly reduced the funding necessary to meet the needs of the Court, the assistant judges who have been appointed to serve the Court are somewhat at a disadvantage. As they must maintain a separate professional source of income, and cannot count on their appointment as a sole or dependable source of income, the Court does not expect them to always be available for assignment on short notice. In order to address both the needs of the office and to be fair to the Assistant Judges, the Judge’s Office has developed a “pool” of judges from which to draw. By maintaining a pool of qualified judges, should one judge be unavailable on short notice, any one of the other judges might be available in their place. In this way, while the assistant judges are not guaranteed any hours or dockets, and while they receive no direct benefits, the ability to decline assignments allows each judge to serve when available, without imposing unfairly on their individual law practices or schedules. As of January 2009, the Denton Municipal Judge’s Office has a total of four (4) licensed attorneys appointed as Assistant Municipal Judges: The Honorable Kimberly McCary, the Honorable Earleen Murphy, The Honorable Greg Bertrand and the Honorable Ann Poston. All four of these individuals have served the City in this capacity for at least two terms, and have represented the Court and the City well. The Judge’s Office is now asking that those four individuals be re-appointed by Council. While these four individuals will continue to serve when available, all of them have additional opportunities professionally or different personal situations that have made them less available as time has progressed. So, while the Court will still continue to call upon them, it has become necessary for the Court to look for additional qualified candidates to add to the “pool” of assistant judges. Again, please understand that the appointment of additional persons as Assistant Municipal Judges will not increase any need for funding. To the contrary, it will allow the Court to continue to operate on less funding than allocated under the current budget. Nomination of Additional Qualified Attorneys The Judge’s Office has always been proud of the integrity and quality of the work provided by our current group of Assistant Judges. In keeping with these high standards, the Judge’s Office would like to recommend the following two attorneys for consideration by the Counsel for appointment as Assistant Municipal Judge: Attorney James H. Horton; and Attorney Dennis D. Engler. Both of these individuals are long time members of the State Bar of Texas, long time members of the Denton County Bar Association and well respected in their practices. Both have good temperament for judicial positions and I know them personally to have the patience and tolerance necessary to represent the City of Denton well. Both individuals understand that the appointment is made without any guaranteed dockets or Hours of service and have agreed to serve only assigned. I have attached Mr. Horton and Mr. Engler’s resumes for your consideration. While the Council may choose to take no action, I have taken the liberty of revising an Ordinance of Appointment or Re-Appointment. This ordinance is substantially the same as in years past. This ordinance is submitted merely as a draft and is of course, more appropriately prepared by the City Attorney’s office. OPTIONS The City Council may appoint any persons they feel are qualified and competent to serve in the capacity as Assistant Municipal Judge’s for the City of Denton Municipal Court of Record. The Council could: (1)Choose not to appoint any additional Assistant Judge’s at this time; (2)Propose alternative candidates and appoint any other individuals to serve as alternate Municipal Judge, so long as those individuals meet all requirements as set forth in Chapter 30 of the Government Code. (3)Chose to appoint all individuals currently serving as Assistant Municipal Judge as well as two additional nominees, James H. Horton and Dennis D. Engler. RECOMMENDATION It is the recommendation of the Judge’s Office that the Council re-appoint all individuals currently serving as Assistant Municipal Judge as well as to appoint two additional qualified persons, James H. Horton and Dennis D. Engler. ESTIMATED SCHEDULE OF PROJECT Effective upon appointment and adoption of ordinance. FISCAL INFORMATION The appointment or re-appointment of assistant municipal judges will have no fiscal or financial impact, as there are no additional costs or additional positions created. Any compensation will be derived from the currently budgeted amounts. BID INFORMATION Not Applicable. (Professional Services) EXHIBITS Draft Ordinance of Appointment Resumes of James H. Horton and Dennis D. Engler. Respectfully submitted: ______________________________ Robin A. Ramsay Presiding Municipal Judge Denton Municipal Court of Record No.1 Name: DENNIS D. ENGLER Rank: Lecturer Department: Finance, Insurance, Real Estate, and Law -College of Business Administration COLLEGIATE AND PROFESSIONAL EDUCATION Doctor of Jurisprudence Texas Tech University School of Law May 1984 B.B.A., with honors North Texas State University May 1981 ACADEMIC EMPLOYMENT Lecturer University of North Texas 1990-present Instructor Paralegal Certificate Program Professional Development Institute University of North Texas 1991-2002 Instructor, part-time Dallas County Community College District North Lake and Cedar Valley Campuses 1984-1989 Instructor, part-time Collin County Community College District McKinney Campus 1985 BUSINESS, PROFESSIONAL AND MILITARY EXPERIENCE Legal Consultation and Representation -General Civil Practice Law Offices of Dennis D. Engler 1994-present Practicing Attorney Engler & Mott, P.C., Denton, TX 1990-1994 the recovery of approximately $2 million in damages for breach of a contract (loan agreement and lender liability). Areas of concentration of practice include business, commercial, real estate law and business litigation. COMMUNITY SERVICE ACTIVITIES Denton Chamber of Commerce (1988-1993 and 1995-1998) Denton Area Little League Director (1991-1992) Denton Area Little League Coach (1990-2000) Denton YMCA Youth Basketball, Soccer and Baseball Coach (1986-1988) Pro Bono Legal Services to the Poor (1988-present) Director, West Texas Legal Services: Direct $4 million budget for providing legal services to the poor (1992-1996) Denton County Law Day Participant (1988,1993) HONORS Honors in Marketing, University of North Texas (1981) Dean's List, all full-time semesters, North Texas State University (1978-1981) COURSES TAUGHT Real Estate Law Real Estate Principles Personal Law Business Law Mock Trial S:\Our Documents\Ordinances\09\ordinance appointing judges.doc ORDINANCE NO. ____________________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPOINTING ROBIN A. RAMSAY AS PRESIDING JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING KIMBERLY CAWLEY McCARY AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING EARLEAN COBBIN MURPHY AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING GREGORY L. BERTRAND AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING ANN STEPHENS POSTON AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING JAMES HORTON AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING DENNIS ENGLER AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; ESTABLISHING TERMS OF OFFICE FOR MUNICIPAL JUDGES IN ACCORDANCE WITH APPLICABLE STATE STATUTES; PROVIDING FOR RENEWAL AND EXTENSION OF TERMS ABSENT SPECIFIC ACTION BY COUNCIL; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR TERM OF OFFICE; RATIFYING TERMS OF CONTRACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Charter of the City of Denton and Chapter 19 of the Code of Ordinances of the City of Denton authorize the City Council to appoint a Presiding Municipal Judge to preside over the judicial functions of the Municipal Court of Record for the City of Denton; and WHEREAS, Section 6.03 of the Charter of the City of Denton and Chapter 19 of the Code of Ordinances of the City of Denton authorize the City Council to appoint Assistant Municipal Court Judges to preside over the judicial functions of the Municipal Court of Record for the City of Denton in the absence of the Presiding Judge; and WHEREAS, Chapter 30 of the Government Code, the Uniform Municipal Courts of Record Act (specifically Section 30.00006) provides that a governing body shall appoint one or more Judges to preside over a municipal court of record; and WHEREAS, Chapter 30 of the Texas Government Code requires that the Council shall establish two year terms of office; and WHEREAS, the Texas Constitution and Chapter 29 of the Local Government Code provide that a municipal court judge who is not reappointed by the 91st day following the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date the previous term of office expired; and WHEREAS, applicable portions of the Denton City Charter and Municipal Code provide that the Presiding Judge shall be appointed in even-numbered years and the Assistant Municipal Court Judges shall be appointed in odd-numbered years; NOW, THEREFORE, 1 S:\Our Documents\Ordinances\09\ordinance appointing judges.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. ROBIN A. RAMSAY is appointed as the Presiding Judge for the Municipal Court of Record for the City of Denton, Texas for a two year term of office beginning st on the 1 day of January 2009 and continuing through December 31, 2011 or as further provided herein. In his capacity as Presiding Judge, he shall have all duties and powers as provided under Sec. 30.00007 of the Texas Government Code. SECTION 2. KIMBERLY CAWLEY McCARY is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two year st term of office beginning on the 1 day of January, 2009 and continuing through December 31, 2011, or as further provided herein. SECTION 3. EARLEAN COBBIN MURPHY is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two year st term of office beginning on the 1 day of January, 2009 and continuing through December 31, 2011, or as further provided herein. SECTION 4. GREGORY L. BERTRAND is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two year term of st office beginning on the 1 day of January, 2009 and continuing through December 31, 2011, or as further provided herein. SECTION 5. ANN STEPHENS POSTON is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two year term of st office beginning on the 1 day of January, 2009 and continuing through December 31, 2011, or as further provided herein. SECTION 6. JAMES HORTON is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two year term of office st beginning on the 1 day of January, 2009 and continuing through December 31, 2011, or as further provided herein. SECTION 7. DENNIS ENGLER is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two year term of office st beginning on the 1 day of January, 2009 and continuing through December 31, 2011, or as further provided herein. SECTION 8. The City of Denton appoints and designates the aforementioned persons as municipal judges and magistrates for and under the laws of the State of Texas, with all the powers, rights and duties of said appointment for two year terms of office. As provided by Article XI of the Texas Constitution and Chapter 29 of the Local Government Code, said terms of office shall be renewed and extended and said Judge or Judges shall be reappointed for 2 S:\Our Documents\Ordinances\09\ordinance appointing judges.doc st successive terms of two years on the 91 day following the expiration of a term of office, absent specific action by the Denton City Council to the contrary, and said Judge or Judges shall continue to serve for another term of office beginning on the date the previous term of office expired. SECTION 9. The Mayor is authorized to execute a Contract for Services with the Presiding Judge and each Assistant Judge, providing for the terms of employment and compensation for each Municipal Court Judge. SECTION 10. Should any portions or provisions of the Code of Ordinances or City Charter for the City of Denton conflict with state law, Chapter 30 (The Uniform Municipal Court of Record Act) shall be controlling authority regarding the terms of appointment, re- appointment, qualifications or removal of a municipal court judge as appointed herein. SECTION 1. This ordinance shall become effective as of the date of appointment above, and shall not affect the remainder of any terms of office for any of Judge referenced above. PASSED AND APPROVED this the _______ day of _______________________, 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ________________ BY: _________________ 3 AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to submit an application under the National School Lunch Act to obtain funding for the 2009 Summer Food Service Program; if such funding is granted, the City Manager is authorized to execute the Summer Food Service Program agreement with the Texas Department of Human Services and execute a contract with the Denton Independent School District and all additional documents and agreements, as required; authorizing the expenditure of funds to administer the program; and providing an effective date. BACKGROUND This free lunch program is designed to serve children in areas of low-income populations during the summer months when traditional school lunch programs are not in effect. This program is sponsored and funded by the United States Department of Agriculture, Food and Nutrition Service. This Summer Food Service Program is a continuation of the free lunch program that is offered during the school year. The Texas Department of Agriculture has made an effort through outreach to increase the number of cities participating in the program. Cold sack lunches will be prepared by the Denton Independent School District and served at the 4) Quakertown Park, 5) Owsley Neighborhood, 6) Fairways at University Apartments, 7) Village East Apartments, 8) Fred Moore Park, 9) Borman Elementary Summer School, 10) Hodge Elementary Summer School, 11) Lee Elementary Summer School, 12) McMath Middle School, 13) Mack Park Apartments, 14) Rosemont Apartments, 15) VFP (Clayton Estates), and 16) Civic Center in Quakertown Park; other DISD and City sites may be implemented based on need. The total estimated cost for this program is approximately $126,689, which is reimbursed by the Texas Department of Agriculture. The Parks and Recreation Department first offered the Summer Food Service Program in 1992 at Denia Park, Phoenix Park, Fred Moore Park, Civic Center Park, and two summer school locations. At these six locations, a total of 10,776 lunches were served to children 1 through 18 years of age. The Summer Food Service Program has now expanded to 17 locations in 2008, and 33,566 lunches were served at a cost of $97,290.92. Agenda Information Sheet April 7, 2009 Page 2 OPTIONS Council may approve the contracts with the Texas Department of Agriculture and Special Nutrition Programs and Denton Independent School District in its entirety, deny the request, or ask staff to make modifications. RECOMMENDATION Staff recommends approval of the proposed ordinance. ESTIMATED SCHEDULE OF PROJECT Summer lunches will be served from June 8, 2009 through August 14, 2009. No lunches will be served on Friday, July 3, 2009, in observance of the Independence Day Holiday. PRIOR ACTION/REVIEW The Denton Independent School District recommended approval to contract the preparation of cold sack lunches for this program when the issue was presented to their board on March 10, 2009. The program is scheduled for implementation on June 8, 2009. FISCAL INFORMATION The Texas Department of Agriculture, which administers this grant, will reimburse all costs associated with the program. EXHIBITS 1.Ordinance 2.DISD Agreement 3.Exhibit A - Texas Department of Agriculture Food Nutrition Division Agreement Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Kathy Schaeffer, Superintendent of Recreation Services Parks and Recreation Department AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Roy W. Minter, Jr. 349-7923 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Redflex Traffic Systems, Inc. for operation of an automated traffic signal enforcement program; providing for the expenditure of funds therefor; and providing an effective date (File 3364-Change Order Number One Contract Extension). CHANGE ORDER INFORMATION The City of Denton Automated Traffic Signal Enforcement Program has been in operation since May 8, 2006. The current program consists of six (6) cameras that monitor approaches at four (4) different intersections. These intersections were originally selected based on a combination of red light violations and red light related accidents. At the time the system was installed, the City was not allowed to place cameras at intersections involving Texas Department of Transportation (TXDOT) roadways. The current program is operated under contract with Redflex Traffic Systems, Inc. out of Phoenix, Arizona. Redflex was selected through an RFSP process by a diverse committee of City employees representing the Police, Legal, Traffic Engineering, and Purchasing Departments. The contract with Redflex provides for the City of Denton to pay Redflex a flat rate per camera per month that covers the prorated installation costs and the expenses for maintenance of the system and back office processing for the violations. The contract also includes a guarantee clause that provides that the City does not have to fund revenue losses in the event the system does not produce sufficient funds to pay the monthly contract costs. In essence, this clause ensures that the Red Light Camera (RLC) program is self-sufficient and does not draw off of the general fund. The only caveat to this is the small amount of time invested by City personnel in the operation of the program, such as police officers reviewing and approving violations. When there is sufficient revenue to cover these costs, they are paid by the RLC funds. When there is not sufficient revenue, these costs are absorbed by the individual department budgets. The bulk of this time is in the Police Department and Municipal Court, and typically comprises approximately 20 25 hours a month. Agenda Information Sheet April 7, 2009 Page 2 CHANGE ORDER INFORMATION( CONTINUED) The original contract covered a three-year period from May 8, 2006 May 8, 2009. The contract allows both parties to agree to an extension/renewal for up to three consecutive one-year terms. Redflex has proposed an extension of three years with several changes to the terms which were discussed during the March 3, 2009 Council work session presentation. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved a three year contract with Redflex Traffic Systems, Inc. on November 15, 2005 (Ordinance 2005-345). The contract extension was presented to Council as a work session item on March 3, 2009. RECOMMENDATION Approve Change Order One to the Ciflex Traffic Systems, Inc. extending the contract for an additional three years with changes to the terms and conditions as included in the attached renewal document. PRINCIPAL PLACE OF BUSINESS Redflex Traffic Systems, Inc. Phoenix, AZ ESTIMATED SCHEDULE OF PROJECT The original contract covered a three-year period from May 8, 2006 May 8, 2009. The contract allows both parties to agree to an extension/renewal for up to three consecutive one-year terms. Redflex has proposed an extension of three years which would end May 8, 2012. FISCAL INFORMATION The current RLC contract with Redflex Traffic Systems, Inc. The City of Denton has a guarantee that the RLC program will be self sufficient outside of the cost for City personnel to operate the program. As stated above, this cost is typically limited to approximately 20 25 hours per month. Where there is sufficient monthly revenue from the RLC program, these personnel costs are covered from RLC funds. In the event the cost neutrality clause is in effect, the personnel costs are absorbed by the appropriate City department. For the past several months, the RLC contract has been operating under the neutrality clause. Based on this clause in the contract, there is no anticipated negative impact to the City from renewing the RLC contract. Agenda Information Sheet April 7, 2009 Page 3 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3364 Change Order One ORDINANCE NO. __________   AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR OPERATION OF AN AUTOMATED TRAFFIC SIGNAL ENFORCEMENT PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3364-CHANGE ORDER NUMBER ONE CONTRACT EXTENSION). WHEREAS, on November 15, 2005 by Ordinance No. 2005-345, the City awarded a contract to Redflex Traffic Systems, Inc. for the implementation and operation of an Automated Traffic Signal Enforcement Program; WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to an extension to the coverage period and changes to the pricing structure, and said change order 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 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Change Order No. One, extending the terms of the professional services agreement between the City and Redflex Traffic Systems, Inc. for an additional three years, which is on file in the office of the Purchasing Agent, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY  BY: _________________________________ 2-ORD-RFP 3364 AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Solid Waste Services ACM: Howard Martin, Utilities 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance adding a new subsection, Section 18-3, Section (b)(4) to “Authority of Traffic Engineer” of Chapter 18 “Motor Vehicles and Traffic” of the Code of Ordinances of the City of Denton, Texas; and an ordinance in lieu of and in substitution for Section 24-43 “Residential Collection Service” of the Code of Ordinances of the City of Denton, Texas; providing a severability clause; providing a penalty cause; and declaring an effective date. The Public Utilities Board recommends approval (4-0), BACKGROUND Two issues affecting Solid Waste services were identified during the property maintenance review by the citizens participating in that process. These two issues included; 1) a review of solid waste services, both trash and recycling, currently being provided to townhomes and 2) inaccessible dumpsters in the street right of way that are being blocked by parked cars. The City Council Ad Hoc Property Maintenance Committee directed staff to evaluate options for committee review and consideration concerning these two issues. The following alternatives and associated recommendations have been developed by staff based on citizen, Public Utilities Board (“PUB”) and City Council input. Storage Locations for Refuse and Recycling Carts On April 14, 2008 the PUB discussed several service options for townhomes/single family- attached structures where there was no convenient access to move their cart from the rear of their property to the front curb on collection day. These options were provided to the City Council’s Property Maintenance Committee and on December 11, 2008 that Committee made recommendations for changes to the 2007 solid waste ordinance Section 24-43. Section 24-43 of the Code of Ordinances currently states the following: 24-43. Residential collection service. (a)All single family residents within the city shall place their residential refuse and recyclables at the curb as specified by the director of solid waste or designee. (b)Residential refuse and recyclables shall be placed at the curb no earlier than 6:00 p.m. on the day prior to the scheduled collection day. To ensure collection, residential refuse and recyclables should be placed at the curb by 7:00 a.m. on the day of collection. (c)Customers whose refuse or recyclables were not collected because; they were not placed at the proper location, they contained unacceptable materials, or they were not placed out for collection by the required time, shall not be collected until the next regularly scheduled collection service. (d)Containers, receptacles and any unaccepted waste or recyclables, shall be removed from the curb or other designated collection point by the customer no later than 8:00 a.m. on the day following the scheduled collection day. Upon removal from the curb, containers or receptacles shall be stored in as inconspicuous a location as possible, such as: (1) In a garage; (2) In an outdoor storage building; (3) On the side of a structure on the property; or (4) At the back of a structure on the property. At no point shall a container, receptacle or unaccepted waste or recyclables be stored or remain in public view in the front yard, on the front porch, or in front of the main structure on the property. (e)All refuse and recyclable containers shall securely contain all contents, and shall be capable of being handled without spillage. Refuse and recyclables determined by the city to not be properly contained shall not be collected. There are a few single family attached dwellings (certain townhomes and condominiums) in the community that are negatively impacted by the language in 24-43 (d)(4) which does not allow carts to be stored in the front yard. There are three existing townhome developments that have no convenient access to move their carts from the rear of their property to the front curb on collection day. The Property Maintenance Committee supports a solution to accommodate existing townhomes. They propose a change in language to Section 24-43 which is attached as Exhibit 1. Dumpsters in the Right-of-Way At the Public Utilities Board Meeting on June 9, 2008 and July 14, 2008 the issues associated with inaccessible containers in the street right-of-way were discussed. Chapter 18 of the Code of City Ordinances addresses the requirements for parking and loading zones. There are currently two sizes of loading zones. The single loading zone is 8 by 22 feet long. The double (multiple) loading zone is 8 by 44 feet long. In order to accommodate the two different styles for dumpsters, two sizes of Solid Waste Container - No Parking zones would also be needed. The current single loading zone size would be sufficient for the front-load style dumpster. In order to safely service the side-load style dumpster, a 63 feett long no parking zone would be needed. The cost for these two different sizes of Solid Waste “No Parking Zones” would be comparable to the two existing loading zones (currently $175 and $350, respectively). These fees would be a recurring fee, annually, at the same rates to provide funding for future improvements associated with the parkway container sites. The Traffic Safety Committee voted to recommend the development of an ordinance to provide for special solid waste container no parking zones; voted to recommend that the duties of the Traffic Engineer be modified in order for that individual to administratively handle the special solid waste no parking zone process; voted to have staff provide a progress report in twelve months; voted to establish a separate fund for the fees received from this process to be used for signage, marking, maintenance and future improvements to those zones in which property owners paid the fees. Exhibit 2 provides the proposed language changes for Chapter 18 of the Code of Ordinances. The Property Maintenance Code Committee’s (PMCC) initial concept for the fee structure was somewhat different from that passed by the Traffic Safety Commission. The PMCC originally envisioned the initial fee amount to be sufficient to cover the cost of signage and pavement markings with the renewal fees to just cover the on-going cost to maintain the signage and pavement markings. The on-going costs were anticipated to be $250 to $300 over a five year period, or about $5 per month. OPTIONS The Council may approve proposed solid waste ordinance language. The Council may disapprove proposed solid waste ordinance language. The Council may wish to change ordinance language. The Council may not wish to make changes to the solid waste ordinances (Chapter 24). The Council may support or not support the proposed changes to Chapter 18. RECOMMENDATION Staff recommends amending the referenced solid waste ordinances to accommodate solid waste service issues not adequately covered in the existing ordinance. The Traffic Safety Commission has developed amended language for no parking zones for dumpsters. Staff recommends supporting these changes. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Property Maintenance Committee supports a solution to accommodate existing townhomes where there a no more than eight (8) living units in a building at their meeting on December 11, 2008. The Traffic Safety Commission has developed amended language for no parking zones for dumpsters at their meeting on March 2, 2009. The Public Utilities Board considered this item and recommends approval (4-0). FISCAL INFORMATION N/A EXHIBITS 1.Proposed Ordinance – Section 24-43 (red-lined) 2.Proposed Ordinance – Section 18-3 (red-lined) 3.Ordinance (Final Form) 4.PUB Minutes Respectfully submitted: A. Vance Kemler General Manager, Solid Waste Services Exhibit 1 Proposed Ordinance Language change to Section 24-43(a); (d); and (f) to read: Sec. 24-43. Residential collection service. (a) All single family residents within the city shall place their residential refuse and recyclables at the curb as specified by the General Manager of Solid Waste Services or designee. (b) Residential refuse and recyclables shall be placed at the curb no earlier than 6:00 p.m. on the day prior to the scheduled collection day. To ensure collection, residential refuse and recyclables should be placed at the curb by 7:00 a.m. on the day of collection. (c) Customers whose refuse or recyclables were not collected because; they were not placed at the proper location, they contained unacceptable materials, or they were not placed out for collection by the required time, shall not be collected until the next regularly scheduled collection service. (d)Containers, receptaclesSolid waste and recycling storage containers and any unaccepted waste or recyclables, shall be removed from the curb or other designated collection point by the customer no later than 8:00 a.m. on the day following the scheduled collection day. Upon removal from the curb, containers or receptaclessolid waste and recycling storage containers shall be stored in as inconspicuous a location as possible, such as: (1) In a garage; (2) In an outdoor storage building; (3) On the side of a structure on the property; or (4) At the back of a structure on the property. At no point shall a container, receptaclesolid waste or recycling storage container or unaccepted waste or recyclables be stored in public view or remain in public view in the front yard, on the front porch, or in front of the main structure on the property, except as follows: (1) a townhome with five or more units per building. (e) All refuse and recyclable containerssolid waste and recycling storage containers shall securely contain all contents, and shall be capable of being handled without spillage. Refuse and recyclables determined by the city to not be properly contained shall not be collected. (f) The General Manager of Solid Waste Services or designee may make reasonable exceptions to the foregoing location requirements, as needed, upon request of the customer, to accommodate unique circumstances. (Ord. No. 2005-256, § 1, 9-20-05; Ord. No. 2007-193, § 14, 9-18-07) Exhibit 2 Current Motor Vehicles and Traffic Ordinance: Sec. 18-3. Authority of traffic engineer. (a) The city traffic engineer shall place and maintain traffic-control signs, signals and devices when and as required under this chapter to make effective the provisions of this chapter. The traffic engineer shall designate the placement of stop signs, yield signs, traffic-control signals and all other signs, signals and devices other than those denoting speed limits, one-way streets, parking, school zones and right turns on red lights. It shall be the duty of the traffic engineer to supervise the installation and proper timing and maintenance of traffic-control devices. (b) The traffic engineer is hereby authorized to: (1) Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at any intersection where, in his opinion, there is particular danger to pedestrians crossing the roadway and at such other places as he may deem necessary; (2) Establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians; (3) Mark lanes for traffic on street pavements at such places as he may deem advisable consistent with this chapter and other traffic ordinances of this city. (Code 1966, §§ 24-78, 24-79) Proposed Ordinance: Sec. 18-3. Authority of traffic engineer. (a) The city traffic engineer shall place and maintain traffic-control signs, signals and devices when and as required under this chapter to make effective the provisions of this chapter. The traffic engineer shall designate the placement of stop signs, yield signs, traffic-control signals and all other signs, signals and devices other than those denoting speed limits, one-way streets, parking, school zones and right turns on red lights. It shall be the duty of the traffic engineer to supervise the installation and proper timing and maintenance of traffic-control devices. (b) The traffic engineer is hereby authorized to: (1) Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at any intersection where, in his opinion, there is particular danger to pedestrians crossing the roadway and at such other places as he may deem necessary; (2) Establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians; (3) Mark lanes for traffic on street pavements at such places as he may deem advisable consistent with this chapter and other traffic ordinances of this city. (4) Upon an engineering investigation and recommendation by the General Manager, Solid Waste services, or designee: deny, establish after the receipt of any fees required by the City, or remove a no parking, tow away zone within the City Right-of-Way of such kind and character and at such a place as deemed appropriate, for the sole purpose of obtaining access to a solid waste container, consistent with this chapter and other ordinances of the City, as may apply. ÛÈØ×Þ×Ì í ORDINANCE NO. 2009-________ AN ORDINANCE ADDING A NEW SUBSECTION, SECTION 18-3, SECTION (b)(4) TO “AUTHORITY OF TRAFFIC ENGINEER” OF CHAPTER 18 “MOTOR VEHICLES AND TRAFFIC” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AND AN ORDINANCE IN LIEU OF AND IN SUBSTITUTION FOR SECTION 24-43 “RESIDENTIAL COLLECTION SERVICE” OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 18-3 “Authority of Traffic Engineer” of the Code of Ordinances is hereby amended to add the following subsection, as follows: Sec. 18-3. Authority of Traffic Engineer. “(b)(4) Establish parking zones of such kind and character and at such places as he may deem advisable for solid waste containers, consistent with this chapter and other traffic ordinances of the city.” SECTION 2. Chapter 24 “Solid Waste” of the Code of Ordinances is hereby amended by replacing and substituting the complete following Section in lieu of and in substitution of Section 24-43 “Residential Collection Service” which amended provision now reads as follows: Sec. 24-43. Residential collection services. (a) All single family residents within the city shall place their residential refuse and recyclables at the curb as specified by the General Manager of Solid Waste Services or designee. (b) Residential refuse and recyclables shall be placed at the curb no earlier than 6:00 p.m. on the day prior to the scheduled collection day. To ensure collection, residential refuse and recyclables should be placed at the curb by 7:00 a.m. on the day of collection. (c) Customers whose refuse or recyclables were not collected because; they were not placed at the proper location, they contained unacceptable materials, or they were not placed out for collection by the required time, shall not be collected until the next regularly scheduled collection service. (d) Solid waste and recycling storage containers and any unaccepted waste or recyclables, shall be removed from the curb or other designated collection point by the customer no later than 8:00 a.m. on the day following the scheduled collection day. Upon removal from the curb, shall be stored in as inconspicuous a location as possible, such as: (1) In a garage; - 1 - (2) In an outdoor storage building; (3) On the side of a structure on the property; or (4) At the back of a structure on the property. At no point shall a solid waste or recycling storage container or unaccepted waste or recyclables be stored in public view or remain in public view in the front yard, on the front porch, or in front of the main structure on the property, except as follows: (1) a townhome with five or more units per building. (e) All solid waste and recycling storage containers shall securely contain all contents, and shall be capable of being handled without spillage. Refuse and recyclables determined by the city to not be properly contained shall not be collected. (f) The General Manager of Solid Waste Services or designee may make reasonable exceptions to the foregoing location requirements, as needed, upon request of the customer, to accommodate unique circumstances. (Ord. No. 2005-256, § 1, 9-20-05; Ord. No. 2007-193, § 14, 9-18-07) SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the _____ day of _____________ 2009. _____________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ______________________________ - 2 - APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: ____________________________ - 3 - ÛÈØ×Þ×Ì ì 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3March 23, 2009 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, Bill Cheek, Secretary, and as Acting Chair of the Public Utilities Board thereafter 7convened into a Closed Meeting on Monday, March 23, 2009 at 9:00 a.m. in the Service Center 8Training Room, City of Denton Service Center, 901-A Texas Street, Denton. 9 Ю»­»²¬æ 10Bill Cheek, Phil Gallivan, John Baines, and Randy Robinson 11 12 Ex Officio Members: 13 George Campbell, excused 14 Howard Martin, ACM, Utilities 15 ß¾­»²¬ 16: Charldean Newell and Dick Smith, both excused 17 ÑÐÛÒ ÓÛÛÌ×ÒÙæ 18 19 ×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ 20: 21 228)Receive a report, hold a discussion and make service recommendations to amend the 23provisions of Chapter 24 relating to residential and commercial refuse service; and the 24Traffic Safety Commission’s special No Parking zones for solid waste dumpsters. 25 26ACM Howard Martin called on Vance Kemler, General Manager Solid Waste Services, to 27present this item. Kemler stated that this project would change Chapter 24 and a portion of 28Chapter 18 in the Code of Ordinances. Kemler stated that staff had an issue with the location of 29refuse and recycling carts with properties where there is no convenient access to move the cart(s) 30from the rear of the property to the front curb on collection day. A proposed solution is to 31amend the language in Section 24-43 to allow carts to be stored in the garage, in an outdoor 32storage on the side of the structure on the property, or at the back of the structure on the property. 33At no time shall a container, receptacle, or unaccepted wastes or recyclables, be stored or remain 34in public view in the front yard, on the front porch, or in front of the main structure on the 35property except on holidays with the exception being that for townhomes with five or more units 36per building. It amendment would also allow the General Manager of Solid Waste to make 37reasonable exceptions on an individual basis. 38 39Kemler next stated that an issue brought forward by the Property Maintenance Committee 40concerned containers located in the street or the right-of-way. The issue arose when some of the 41commercial customers complained about blocked containers, and the inaccessible container fee 42when the inaccessible container occurs on private property or on public property where the 43containers are either in the street or up on the curb. To solve those issues, the Traffic Safety 44Commission, which oversees the motor vehicle traffic code, proposed a change in the language 45which would allow the Traffic Engineer to establish a no parking zone for containers and to 46provide, upon a voluntary basis, a business to sign up for the voluntary no parking zone and pay 47a fee comparable to the current loading zone fee. The proposed fee for a single width would be 48$175 and for a double or extra large loading zone $350. The Traffic Safety Commission 49proposed to provide a no parking zone for the front load containers similar to the $175 fee and 50for the side load containers a fee of $350. The original proposed recommended that the initial 51fee be used to cover the costs of signage and marking for the no parking zone with renewal fee of Draft Minutes of the Public Utilities Board meeting March 23, 2009 Page 2 of 2 1$250-$300 over a five year period. The Traffic Safety Commission, however, proposed that the 2initial fee be $175/$350 with a renewal fee every year of that same amount. The Commission 3thought that would allow for improvements to areas where containers are in the streets or on the 4curb and could also include the purchase of right-of-way when necessary. 5 6Board Member Randy Robinson asked if the no parking zone is strictly optional to the property 7owner. Kemler replied yes. 8 9ACM Martin stated an additional issue is to establish a clear delineation of the area. If there is 10not a clearly delineated area then enforcement could be subjective and make it difficult for the 11police to enforce. 12 13Robinson asked if this was a prevalent problem. Kemler replied it was for property not in the 14public right-of-way. 15 Þ±¿®¼ Ó»³¾»® ο²¼§ α¾·²­±² ³±ª»¼ ¬± ¿°°®±ª» ©·¬¸ ¿ ­»½±²¼ º®±³ Ö±¸² Þ¿·²»­ò ̸» 16 ³±¬·±² ©¿­ ¿°°®±ª»¼ ¾§ ¿ ìó𠪱¬»ò 17 18 19The meeting ended at 10:27 a.m. 20 CITY OF DENTON CITY COUNCIL MINUTES February 17, 2009 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Closed Meeting on Tuesday, February 17, 2009 at 1:00 p.m. in the Council Work Session Room. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson and Watts. ABSENT: None 1.Closed Meeting: A. Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations – Under Texas Government Code Section 551.087, and Deliberations regarding real property – Under Texas Government Code Section 551.072. 1. Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also held a discussion regarding the leasing of land and financing of a city facility on University of North Texas property located at I-35 and North Texas Blvd. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives. B. Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Consulted with City’s attorneys and held a discussion regarding legal issues associated with the annexation of approximately 865.92 acres of land, contiguous and adjacent to the City of Denton. The tracts of land were located in two distinct areas. The first area (annexation area #1) was approximately 23.23 acres in size and was generally located between the City’s current northern city limits and Lake Ray Roberts, south of FM 2153. The second area (annexation area #2) was approximately 842.69 acres and was generally located east of FM 2164 and north of Shepard Road. C.Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations – Under Texas Government Code Section 551.087. 1.Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings City of Denton City Council Minutes February 17, 2009 Page 2 Act, Chapter 551 of the Texas Government Code. Also held a discussion regarding granting economic development incentives to Allegiance Hillview Development, LP with respect to development at Rayzor Ranch. This discussion shall include commercial or financial information the City Council has received from Allegiance Hillview Development, LP which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the city council is conducting economic development negotiations; including the offer of financial or other incentives. D.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discussed, deliberated and received information from staff and provided staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. E. Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations – Under Texas Government Code Section 551.087. 1.Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also held a discussion regarding the construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 35, for the location of an advanced materials manufacturing company. The discussion shall include the offer of financial or other incentives for the project. City of Denton City Council Minutes February 17, 2009 Page 3 Following the completion of the Closed Session, the City Council convened in a Work Session at 4:15 p.m. 1.Staff responded to requests for clarification of agenda items listed on the agenda for February 17, 2009. Council Member Watts questioned if notification had been given residents along Oak-Hickory regarding the possible one-way change in traffic. City Manager Campbell indicated that the Oak-Hickory pairing was scheduled for a discussion on the work session and that issue would be discussed then. Mayor Burroughs questioned the 1998 date of the interlocal agreement for Item 3C. Tom Shaw, Purchasing Agent, stated that the original agreement in 1998 between the two entities remains in effect until cancelled by one party. Mayor Burroughs noted that the airport lease in Item 3G had no recommendation from the Airport Advisory Board. He questioned why it was on the Consent Agenda. City Manager Campbell stated that the Airport Advisory Board tabled the item because they had a problem with the indemnification provision. However, the applicant was comfortable with that provision and wanted to move forward with the agreement. Council Member Mulroy asked if that language had been supplied by the Legal Department. City Attorney Burgess replied that it was identical to a lease done in a prior meeting per the direction of Council. City Manager Campbell stated that the Council could approve the agreement and take another look at the language. Council Member Thomson stated that members of the Airport Advisory Board had spoken to him that some companies were not able to get insurance. He was not comfortable approving the agreement without a recommendation from the Board. Item 3 was considered. 3.Council received a report, held a discussion and gave staff direction regarding the Water, Wastewater, and Engineering Management Study performed by Matrix Consulting Group. Jim Coulter, Director of Water/Wastewater, stated that it was a Charter requirement to do this study every 10 years. Greg Matthews, Matrix Consulting, presented an overview of the study. The project scope of work included (1) assisting Denton Water Utilities in the independent analysis of various operations of Water, Wastewater and Utility/CIP Engineering; (2) performing a comparative analysis of existing operations relative to best management practices and other regional water and wastewater utilities; (3) making recommendations relative to efficient and effective organizational structures and operations with an emphasis on both staffing and service levels City of Denton City Council Minutes February 17, 2009 Page 4 now and in the foreseeable future; and (4) fulfilling the requirement to review these utilities every 10 years per city charter. Methodologies - Matrix Consulting interviewed with the CM, the Assistant City Managers, Denton Water Utilities, engineering managers, supervisors and elected staff, collecting extensive data. This data provided a comparative analysis against best management practices and six regional Water/Wastewater utilities and analyses of various Denton Water Utilities operations including staffing, assignment practices, work flows, the use of technology, and standard operating procedures. Major findings – Denton Water Utilities services were deservingly well-regarded including providing quality drinking water and wastewater effluent, maintaining reliable infrastructure, consistently in regulatory compliance, and charging reasonable and competitive rates for service. Based on best management practices and regional agency comparisons, Denton Water Utilities performed favorably in a number of functional areas. There were some organizational, staff allocation, and work process improvement opportunities that could be implemented. Primary conclusion – Denton Water Utilities had some technically sophisticated plant processes but otherwise functions similar in regards to most internal operations. It had implemented several best management practices with only moderate opportunities to implement other best practices. There were no opportunities to decrease currently filled positions, a few opportunities to eliminate vacancies, and some opportunities for modest staff increases. One of the vital few improvement opportunities was related to further standardization and use of computerized maintenance management systems. Summary of primary recommendations - Various Water Divisions should increase staffing of one additional position; various Wastewater Divisions should increase three additional positions; no net changes in Environmental Services and Utility/CIP Engineering, implement some additional project management best management practices in Engineering. Develop a comprehensive information technology strategic plan for Denton Water Utilities. In Water and Wastewater operations, whether a revision of existing computerized system or a new consolidated technology project, implementation of a comprehensive computerized maintenance management system with a full suite of capabilities should be the highest priority. Mayor Burroughs asked what could be done to improve customer relations as an end goal for the Development Review process. Matthews stated that it was initially not a focus of the study but did become one as the study progressed. In other cities, they worked with a focus group in the community to get feedback on how to improve services. A blue ribbon committee was developed to work on the process and to make recommendations. He suggested Denton consider developing a blue ribbon committee to work with staff and community members. Council Member Mulroy noted that the Public Utilities Board report advocated a 100 day turn around requirement as a good benchmark. Matthews replied that was a best management practice. Many agencies did not achieve that benchmark but would be a goal to reach. Council returned to the regular agenda order. City of Denton City Council Minutes February 17, 2009 Page 5 2.Council received a report, held a discussion, and gave staff direction on proposed Articles I – XII of the Denton Property Maintenance Code, Chapter 17 of the Code of Ordinances. The Citizens Code Committee and the Council Property Maintenance Code Committee recommended approval. John Cabrales, Public Information/Intergovernmental Relations Officer, stated that current codes that addressed maintenance issues were located in various chapters of the city’s Code of Ordinances. Some of the language in the various chapters contradicted itself may be vague or not present at all. The proposed ordinance addressed such issues as chronic offenders, established a 120 day time frame for inoperable vehicles in a repair business, defined tree canopy, added protection to native grasses, addressed outside storage, outside displays, the maintenance of perimeter fences and when they needed to be repaired, auto shade coverings, improved parking surface conditions, service of notice by code enforcement and codified practices currently being performed. The proposed ordinance placed all language in one document, added language to allow staff to address complaints from residents and formatted the document for easy reading. Council Member Thomson asked about the two week effective date of the ordinance. Cabrales stated that with community education the ordinance would take effect two weeks from date of passage. Mayor Burroughs asked about notification of violations for multiple properties with one owner. Cabrales stated that the notices were done based on the property, not on the owner of the property. 3.The Council received a report, held a discussion and provided direction regarding a proposed interlocal cooperation agreement between the City of Denton and the Denton County Transportation Authority regarding the use of a portion of the Denton Branch Rail Trail for the purpose of public commuter rail service. This item was not considered. 4.The Council received a report, held a discussion and gave staff direction regarding the Oak-Hickory one-way street design. Frank Payne, City Engineer, presented the background information on the item. A public meeting with citizens was held concerning the proposal and the Council Mobility Committee had considered the item. The overall response was favorable. Bicycle lanes would not be included as the width of the streets would not safely accommodate the lanes. If the lanes were added, either the streets would have to be widened or the driving lanes narrowed which was not recommended. This proposal was not scheduled for a public hearing; however, if Council felt one was desirable, it could be done with no problem. Mayor Burroughs asked about the width of bicycles lanes. Payne stated that they could be any width but less than six feet would be public safety issue. The lanes also needed to be painted for safety. City of Denton City Council Minutes February 17, 2009 Page 6 Mayor Burroughs stated that if the City were going to promote alternative transportation, these issues would have to be addressed. The Oak-Hickory area was a good area to promote this concept. Jim Coulter, Director of Water/Wastewater, stated that a pedestrian-bike pathway committee had been formed to work on these topics. The committee was meeting with the University for coordination in the areas around UNT. Mayor Pro Tem Kamp asked about the side streets in the area in terms of parking on those streets when this change was made. Payne stated it was discussed at the Traffic Safety Commission. There was no consistent level of complaints in the area for side street parking. There were some concerns for sight distances which the one-way traffic pattern would improve. Council Member Watts asked if there had been enough public notification to not have a public hearing. Payne stated that if there was any doubt about notification, he would rather have a public hearing and send out notices. It would be better to be conservative than not. 5.The Council received a report, held a discussion and gave staff direction regarding the formation of a Charter Review Committee. City Attorney Burgess stated that the main issue was council term limits. The item was tabled from the council meeting of February 3rd. The issues raised at the last meeting dealt with scope of review to be considered by a committee. One opinion was to look at only 2.10 of the Charter while another line of thought was to look at the entire Chapter 2. Another issue dealt with number of committee members. Originally the resolution indicated 14 members but was changed to 21. An issue had also been raised concerning compensation for council members. The Charter did not deal with compensation so if Council wanted to look at that issue, it could be included with the Charter Committee or Council could just pass an ordinance enacting compensation. Council Member Mulroy stated that there were some ambiguities in Chapter Two that might be considered. If compensation were on the table, the citizens committee could work on that issue. He suggested using the committee to provide clarity and cleanup on these areas and others. Council Member Thomson felt that compensation should not be part of the Charter review. He felt it was imperative to have the citizens empowered to deal with the term limits and the whole issue in 2.01. Mayor Burroughs stated that the last Charter committee did not consider term limits. Other than 2.01 there was no compelling need to change the Charter. A definitive charge should be issued to work on 2.01. Twenty-one members on the committee seemed to be a consensus of the Council rather than fourteen members. Compensation could be done in a public forum rather than a Charter committee. Council Member Watts felt that the term limit issue included the three consecutive term issue and the ability to switch seats. If the committee were addressing length of terms as well as term City of Denton City Council Minutes February 17, 2009 Page 7 limits, that would be an expansion of the charge. The charge last time included term limits as previously presented but also an increase in council terms of office. City Attorney Burgess indicated that the charge included both aspects. Council Member Watts stated that the issue was not just limited to terms of office but also length of office. Council Member Mulroy stated that Section 2 was not that large for the committee to consider plus the relevant portion of Section 3. Council Member Moreno stated that he would like to limit the scope of the committee but looking through the document there were a number of questions in sections that might need to be addressed. City Attorney Burgess stated that the charge could be worded to review term limits including 2.01 and any other provision in the Charter that might impact terms of service and/or changes of position. Regular Meeting of the City of Denton City Council on Tuesday, February 17, 2009 at 6:30 p.m. in the Council Chambers at City Hall. 1.PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2.PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Severe Weather Awareness Week Mayor Burroughs presented a proclamation to Michael Penaluna, Emergency Management Coordinator, for Severe Weather Awareness Week. 3. CONSENT AGENDA Mayor Burroughs indicated that Item G would be pulled for separate consideration. Kamp motioned, Thomson seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item G. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Item G was considered. Thomson motioned to refer the item back to the Airport Advisory Board as they had not made a recommendation on the agreement. Council Member Heggins seconded the motion. City of Denton City Council Minutes February 17, 2009 Page 8 Council Member Mulroy stated that he could not support the motion as the applicant was in favor of the changes to the indemnity clause and that he could get insurance with no problem. Mark Nelson, Director of Transportation, stated that he would like some time to call some insurance companies to substantiate that claim. City Manager Campbell stated that there was the potential that the insurance provision could cause some problems with some applicants but that the current applicant did not have a problem with the provision. Mayor Pro Tem Kamp stated that there were two different issues to consider. One was the insurance issue but before them was an applicant was asking for council to approve his lease. On roll vote to refer the item back to the Airport Advisory Board, Heggins “aye”, Kamp “nay”, Moreno “nay”, Mulroy “nay”, Thomson “aye”, Watts “nay”, and Mayor Burroughs “nay”. Motion failed with a 2-5 vote. Mulroy motioned, Watts seconded to adopt the ordinance. On roll vote, Heggins “nay”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “nay”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried with a 5-2 vote. A.2009-037 - An ordinance authorizing the City Manager to approve an agreement with Fidelity Express to provide additional payment locations for utility customers; and providing an effective date. The Public Utilities Board recommended approval (6-0). B.2009-038 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals for the City of Denton Water Treatment Plants; providing for the expenditure of funds therefor; and providing an effective date (Bid 4239–Annual Contract for Water Treatment Chemicals awarded to the lowest responsible bidder for each item in the annual estimated amount of $1,300,000). The Public Utilities Board recommended approval (5-0). C.2009-039 - An ordinance accepting competitive bids by way of an Interlocal Agreement with Tarrant County and awarding a contract for the purchase of six police sedans; providing for the expenditure of funds therefor; and providing an effective date (File 4226–Interlocal Agreement for Police Sedans with Tarrant County, contract awarded to Philpott Ford Inc. in the amount of $138,345). D.2009-040 - An ordinance accepting competitive bids by way of an Interlocal Agreement with City of Fort Worth and awarding a contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (File 4256–Interlocal Agreement for Purchase of Fuel with City of Fort Worth, contract awarded to Martin Eagle Oil Co., Inc. in the estimated amount of $5,200,000). City of Denton City Council Minutes February 17, 2009 Page 9 E.2009-041 - An ordinance of the City of Denton, Texas approving an Agreement between the City of Denton and the North Texas Umpire Association; determining a sole source andapproving the expenditure of funds for the purchase of certified softball officiating services available from only one source in accordance with the provisions of the state law exempting such purchases from the requirements of competitive bids; and providing an effective date (File 4259– Agreement with North Texas Umpire Association in the amount per game as specified in the agreement for an estimated award of $65,000). F.2009-042 - An ordinance of the City Council of the City of Denton, Texas approving Amendment No. 1 to Tower Lease by and between the City of Denton and Dallas MTA, L.P. d/b/a Verizon Wireless; and providing an effective date. The Public Utilities Board recommended approval (5-0). G.2009-043 - An ordinance approving an assignment of leasehold interest in a commercial operator airport lease agreement at Denton Municipal Airport from Jack Faas to Planes of History, Inc. located at 4665 Spartan Lane at the Denton Municipal Airport and providing for changes to indemnification and insurance requirements of the leasehold; and providing an effective date. The Airport Advisory Board tabled the item (7-0). H.2009-044 - An ordinance of the City of Denton, Texas, on second reading, annexing by consent tracts of land consisting of approximately 865.92 acres, contiguous and adjacent to the City of Denton. The tracts of land are located in two distinct areas. The first area (annexation area #1) is approximately 23.23 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 842.69 acres and is generally located east of FM 2164 and north of Shepard Road. The proposed ordinance will also approve a service plan for the annexed property and provide a severability clause and an effective date (A08-0001). The Planning and Zoning Commission recommended approval (5-0). I.Approved the minutes of: February 2, 2009 February 3, 2009 4.PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City Council of the City of Denton authorizing the acceptance of deed restrictions prohibiting the use of designated groundwater from beneath the property, generally described as the 0.79 acre tract, being part of Lot 1, Block 1 Victoria Square, generally at the northeast corner of South Locust and East Prairie Streets, Denton, Texas, to facilitate certification of a municipal setting designation ("MSD) of said property by the Texas Commission on Environmental Quality ("TCEQ), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date. City of Denton City Council Minutes February 17, 2009 Page 10 Mark Cunningham, Director of Planning and Development, stated that the request was for a municipal setting designation. The site had a history of vehicle sales and vehicle repair and currently was being developed for multifamily use. Ken Banks, Manager-Division of Environmental Quality, stated that Ordinance 2008-150 approved municipal setting designations that prevented access to designated ground water. A municipal setting district recognized that in some locations, groundwater was not utilized as a potable water source in the vicinity of a contaminated groundwater zone. This ensured that the groundwater would not be used for potable purposes. The TCEQ could remove the requirement for certain groundwater cleanup standards. If approved, this ordinance would establish a restriction that designated groundwater at the site as non potable. Applicant must apply to the TCEQ to undergo the review process and must demonstrate that the site had been remediated according to State law. The groundwater was 10-12 feet below the surface of the ground. Storage tanks on the site by the former car dealership were removed in the 1980s. Staff recommended support of the request; including enacting the ordinance to facilitate the state review process and adopting the associated deed restriction to facilitate the site closure. Council Member Watts stated that the proposal would be waiving the requirement for potable water but not for other pollutants for the soil and questioned why the Council was reviewing it at this stage of development. Banks stated that a site assessment had been done on the soils and the only contamination was with the groundwater. Kevin Ware, KJ Environmental, stated that they had done soil samples and well monitoring after the wells were established. Council Member Watts stated that the only problem was with the water. Ware replied correct. Council Member Thomson asked when the soil samples were done. Ware replied that the soil samples were done in late April or early May. He reviewed the stages of investigation for pollutants. Council Member Thomson asked why the City was not notified of the problem in May and how the building permit was issued. Ware stated that environmental pollution was not required to be reported to a city. It was not the responsibility of the property owners to do anything. Mr. Bell asked for evaluation even though he was not required to do so by state, federal or local authorities. Mayor Pro Tem Kamp asked for the number of meeting notices that were sent regarding the citizen. Banks replied about 270 notifications. City of Denton City Council Minutes February 17, 2009 Page 11 Mayor Pro Tem Kamp stated that almost 30 citizens were present at the meeting and asked for a general reaction after the meeting. Banks stated that these were complicated regulations to understand. There were still some limited concerns but the citizens in attendance had a better understanding of what the municipal setting district was designed to do. Mayor Pro Tem Kamp stated that even if the Council approved the designation, the applicant was still not finished with the TCEQ. Banks stated that the applicant needed to have this ordinance before he could even start with the TCEQ. Council Member Watts asked if the TCEQ only looked at the level of groundwater pollution. Banks stated that the TCEQ looked at every aspect of the site and was not restricted to just the groundwater. Council Member Moreno stated that at one time there were other car dealerships in the area. Did the testing go offsite for any other contaminants? Ware stated that the testing was only on the property boundaries. The limit of the contamination was localized with other well sites below detection. Mayor Burroughs asked about the possibility of drilling a well on the site in the future. Banks stated that if the ordinance were approved, a copy would be sent to the Pollution Abatement Officer and would be recorded in the property records of the City and County. It would also be in the GIs mapping system and data base. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Vicki Oppenheim, KJ Environmental, spoke in favor. Jack Bell, applicant, spoke in favor. Kevin Ware, KJ Environmental, spoke in favor. The Mayor closed the public hearing. The following ordinance was considered: NO. 2009-045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE ACCEPTANCE OF DEED RESTRICTIONS PROHIBITING THE USE OF DESIGNATED GROUNDWATER FROM BENEATH THE PROPERTY, GENERALLY DESCRIBED AS THE 0.79 ACRE TRACT, BEING PART OF LOT 1, BLOCK 1 VICTORIA SQUARE, GENERALLY AT THE NORTHEAST City of Denton City Council Minutes February 17, 2009 Page 12 CORNER OF SOUTH LOCUST AND EAST PRAIRIE STREETS, DENTON, TEXAS, TO FACILITATE CERTIFICATION OF A MUNICIPAL SETTING DESIGNATION ("MSD) OF SAID PROPERTY BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ("TCEQ), PURSUANT TO THE TEXAS SOLID WASTE DISPOSAL ACT; 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 “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. 5.ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance of the City of Denton, Texas designating portions of Oak Street and Hickory Street as one-way streets; designating no parking on portions of Oak Street and Hickory Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $200 for violations of this ordinance; and providing for an effective date. The Traffic Safety Commission recommended approval (7- 0). Frank Payne, City Engineer, stated that approval of this ordinance would provide for the conversion of two way traffic on Oak and Hickory Streets and the designation of no parking on portions of Oak and Hickory. A public hearing was not required but as this was not an urgent matter, it could be postponed in order to allow for a public hearing. Council Member Watts noted that the pubic had an opportunity to speak on the proposal and it was heard twice at the Traffic Safety Commission. Mayor Burroughs stated that in the future he would like a goal to get connectivity for bicycle lanes to downtown and the multimodal station. If bicycle lanes could not be done, he would like to see a study on how many specific parking spaces would be lost to have some established. A Comment Card was received from Kevin Bradshaw, in favor of the proposal. The following ordinance was considered: 2009-046 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING PORTIONS OF OAK STREET AND HICKORY STREET AS ONE-WAY STREETS; DESIGNATING NO PARKING ON PORTIONS OF OAK STREET AND HICKORY STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Heggins motioned, Thomson 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. City of Denton City Council Minutes February 17, 2009 Page 13 B. The Council considered approval of a resolution creating a Charter Review Committee to consider and advise the City Council whether and in what manner to revise City Charter provisions governing mayor and council member terms of service or changes of position during terms of service on the City Council and providing an effective date. Kamp motioned, Mulroy seconded to remove this 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. City Attorney Burgess stated that the Council had a revised resolution to consider. Mulroy motioned to approve the resolution as revised. There were cleanup housekeeping items that Legal could review and possibly include with the same election as with the terms, etc. Council Member Watts felt that the language in Section 3 directly impacting the term issue should be added to the charge. City Attorney Burgess replied that it could be added for a clearer refection as a preamble. Watts seconded motion the motion. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. . The following resolution was considered: NO. R2009-005 A RESOLUTION CREATING A CHARTER REVIEW COMMITTEE TO CONSIDER AND ADVISE THE CITY COUNCIL WHETHER AND IN WHAT MANNER TO REVISE CITY CHARTER PROVISIONS GOVERNING MAYOR AND COUNCIL MEMBER TERMS OF SERVICE OR CHANGES OF POSITION DURING TERMS OF SERVICE ON THE CITY COUNCIL AND PROVIDING AN EFFECTIVE DATE. C. The Council considered nominations/appointments to the City’s Boards and Commissions: 1. Historic Landmark Commission 2. Traffic Safety Commission 3. Charter Review Committee Council Member Moreno did not have a nomination for the Historic Landmark Commission. Mayor Burroughs nominated Zack Tucker to the Traffic Safety Commission with the condition that the provisions of his application be verified. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. The following individuals were appointed to the Charter Review Committee: Council Member Thomson – Dorothy Damico, Salty Rischel, John Paul Eddy City of Denton City Council Minutes February 17, 2009 Page 14 Council Member Heggins – Sherrie McDade, Dale R. Tampe, Kevin Roden Council Member Mulroy – Derrell Bulls, Mike Cochran, Richard Hayes Mayor Pro Tem Kamp – Bill Giese, John Siegmund, Randy Robinson Council Member Watts – Marty Rivers, Linnie McAdams, Kathleen Wazny Mayor Burroughs – Jim Alexander, Pat Cheek, Jean Schaake Council Member Moreno – none at this time D. Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: A.Bob Clifton regarding a Power Point presentation on various needed city improvements. Mr. Clifton presented a document regarding attorney fees and questioned why there was not a new delinquent tax collector. B.Catherine Bell regarding the manager of the Senior Center Legion Building and Denia Recreation Center. Ms. Bell was not present at the meeting. C.Alma Clark regarding the manager of the Senior Center Legion Building. Ms. Clark spoke on behalf of the Seniors at the American Legion Senior Center. They were distressed over the events of the resignation of the center manager. She regretted that the City did not take the action of the management to the Parks Board. She requested a review of the recreation department. D.Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth spoke regarding the resignation of Bobbie Givens. Mr. Givens was raising money to file a lawsuit with the Justice Department regarding racism in his leaving employment with the City. Mr. Hudspeth felt several park employees should be fired over this situation. E.Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth spoke regarding Bobbie Givens keeping his job. F.Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth stated that she wanted Bobbie Givens to keep his job. G.Hagar Hudspeth regarding concerns of Southeast Denton. City of Denton City Council Minutes February 17, 2009 Page 15 Ms. Hudspeth stated that she wanted Bobbie Givens to keep his job at MLK. E. 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 memo or work session regarding environmental issues associated with building permits. F. 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. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:00 p.m. ____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS MINUTES ïûãíêùóèãùíçîùóðëçûêè÷êðãúê÷ûñöûéè ö×ÚÊÇÛÊà   èÔ×ËÇÛÊÈ×ÊÐÃÚÊ×ÛÑÖÛÉÈÏ××ÈÓÎÕÍÖÈÔ×ïÛÃÍÊÛÎØùÓÈÃùÍÇÎÙÓÐÅÛÉÔ×ÐØÍÎ èÔÇÊÉØÛÃö×ÚÊÇÛÊà   ÛÏèÔ×ÐÍÙÛÈÓÍÎÍÖÈÔ×Ï××ÈÓÎÕÅÛÉÛÈÈÔ× ôÍÐÓØÛÃóÎÎ  ù×ÎÈÊ×ìÐÛÙ×øÊÓÆ×ø×ÎÈÍÎè×ÄÛÉèÔ×ÖÍÐÐÍÅÓÎÕÓÈ×ÏÉÅ×Ê× ÌÊ×É×ÎÈ×ØÛÈÈÔ×Ï××ÈÓÎÕ I. Breakfast II. Welcome and Introduction of Council Members and Elected Officials ïÛÃÍÊïÛÊÑúÇÊÊÍÇÕÔÉÓÎÈÊÍØÇÙ×ØùÍÇÎÙÓÐï×ÏÚ×ÊÉÛÎØ×Ð×ÙÈ×ØÍÖÖÓÙÓÛÐÉ ÌÊ×É×ÎÈ III. Received a report from Economic Development ÛïÓÙÔ×ÐÐ×ùÇÎÎÓÎÕÔÛÏúÇÉÓÎ×ÉÉø×Æ×ÐÍÌÏ×ÎÈíÖÖÓÙ×ÊÌÊ×É×ÎÈ×ØÛÊ×ÌÍÊÈÍÎ ø×ÎÈÍÎÛÉÛï×ØÓÙÛÐø×ÉÈÓÎÛÈÓÍÎø×ÎÈÍÎïøÛÎØÈÔ×Î×Åø×ÎÈÍÎïø  É×ÙÍÎØÙÍÏÏ×ÊÙÓÛÐ ÚðÓÎØÛêÛÈÐÓÖÖ÷øøÓÊ×ÙÈÍÊÌÊ×É×ÎÈ×ØÛÊ×ÌÍÊÈÍÎÈÔ×éÈÛÈÓÉÈÓÙÛÐèÊ×ÎØÉÛÎØ î×ÅÉÍÖø×ÎÈÍÎéèÛîøê×ÌÍÊÈÈÔÛÈÅÛÉÌÊÍÆÓØ×ØÈÍÛÈÈ×ÎØ××É ÙðÓÎØÛêÛÈÐÓÖÖ÷øøÓÊ×ÙÈÍÊÌÊ×É×ÎÈ×ØÛÊ×ÌÍÊÈÍÎÈÔ×Ì×ÊÉÍÎÛÐÛÉÉÓÉÈÛÎÙ×ÙÛÊØ ÈÔÛÈÅÛÉÌÊÍÆÓØ×ØÈÍÛÈÈ×ÎØ××É IV. Received a report regarding the University of North Texas Discovery Park ôÛÊÍÐØéÈÊÍÎÕøÓÊ×ÙÈÍÊÍÖøÓÉÙÍÆ×ÊÃìÛÊÑÌÊ×É×ÎÈ×ØÛÊ×ÌÍÊÈÍÎÛÙÈÓÆÓÈÓ×ÉÛÎØ ÖÇÈÇÊ×ÌÐÛÎÉÖÍÊøÓÉÙÍÆ×ÊÃìÛÊÑ V. Introduction of guest business leaders and comments from them about their businesses in Denton ïÛÃÍÊïÛÊÑúÇÊÊÍÇÕÔÉÓÎÆÓÈ×ØÛÈÈ×ÎØ××ÉÈÍÓÎÈÊÍØÇÙ×ÈÔ×ÏÉ×ÐÆ×ÉÛÎØÛÎÎÍÇÎÙ× ÇÌÙÍÏÓÎÕ×Æ×ÎÈÉ VI. Before adjournment door prizes were drawn from business cards submitted by attendees ïÛÃÍÊïÛÊÑúÇÊÊÍÇÕÔÉÌÊ×É×ÎÈ×ØÖÍÇÊØÍÍÊÌÊÓÂ×ÉèÔ×Ï××ÈÓÎÕÅÛÉÛØÒÍÇÊÎ×Ø ÛÈûï CITY OF DENTON CITY COUNCIL MINUTES March 2, 2009 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Monday, March 2, 2009 at 11:30 in the Board Room at the DISD Central Services Building, 1307 N. Locust St., Denton, Texas. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Mulroy, Thomson and Watts. ABSENT: Council Member Moreno 1.Call to order; announce quorum, introductions. Mayor Burroughs announced that a quorum of the Council was present and introductions were made. 2.The Council received a report and held a discussion on the possibility of establishing a new set of development/construction guidelines for governmental agencies. Norm Sisk, DISD, reviewed the mission for the joint partnership on construction projects. Rod Reeves, DISD, reviewed the 2007 bond overview, projects and timeline. Tom Rutledge, Teague Nall and Perkins, reviewed the current city development guidelines. He felt the current process was designed for private development. The challenge was getting a building permit and the need to get there sooner. He presented a proposed process that would allow for parallel processes for platting, architecture and plans. The next stop was for a general consensus to formalize a plan, establish a timeline for implementation and agreement for an interim process. City Manager Campbell stated that both staffs were already working on procedures. Assistant City Manager Martin stated that in general, staff would agree with a multilevel process, it was just working out the details of that process. There were many components to projects and they pledged to continue to evaluate the proposal. The discussion on Item 3 and 5 was combined. 3.The Council received a report and held a discussion on the numbers, units, and types of multifamily housing approved during the past year within the City of Denton. 5.The Council received a report and held a discussion regarding major development projects. Mark Cunningham, Director of Planning and Development- City of Denton, reviewed the 2008 annexations, master planned communities, new and ongoing projects for single-family, multifamily and non-residential development. City of Denton City Council Minutes March 2, 2009 Page 2 4.The Council received a report and held a discussion on the demographics of the Denton ISD inside and outside the City of Denton. Superintendent Braswell reviewed the DISD’s boundaries, demographics of students inside and outside the city limits, distribution of multifamily student population, and distribution of apartment student population. 6.The Council received an update and held a discussion regarding legislative issues important to the Denton ISD and the City of Denton. City Manager Campbell stated that staff would be working in concert with each other on mutual legislative issues. Superintendent Braswell stated that the $.50 test that the Attorney General used to evaluate new bond issues before the bonds were approved for issuance was of major importance to the DISD. 7. With no further business, the meeting was adjourned at 1:20 p.m. ___________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ___________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 3, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, March 3, 2009 at 2:30 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 March 3, 2009. Council Member Thomson questioned if there were other bids for the project in Consent Agenda Item 3G. Emerson Vorel, Director of Parks and Recreation, stated that Floyd Smith was the contractor for that type of concrete work and that all flat concrete work went through Smith. This work was for plazas behind basketball backstops so concrete was a better material than asphalt. Council Member Mulroy asked for a clarification on Consent Agenda Item 3J. As it was written, the language in the letter from the manufacturer had a loop hole in it. He felt it should state “only authorized dealer” instead of “in the state of Texas”. He asked staff to review that language. Mayor Burroughs asked for a listing of the DME projects noted in Consent Agenda Item 3H. Phil Williamson, General Manager of Electric Utilities, stated that the five projects were Foster Road at the Landfill, Airport Road, Rails to Trail Phase III, Water Reclamation Plant, and Underwood at Avenue A. 2.Council received a report, held a discussion, and gave staff direction regarding the City’s Comprehensive Annual Financial Report (CAFR) and External Audit Report. Bryan Langley, Director of Finance, presented a briefing on the CAFR report. Overview and Purpose - discuss the CAFR report sections, provide a review of accounting basis and financial statement presentation, discuss key financial information for the major operating funds, discuss the audit process and comments, and provide an opportunity for auditor to discuss the financial statements with Council. Report Overview – The CAFR was comprised of three distinct sections. The CAFR had more disclosure and transparency than private company reports. The report had been designed to comply with GAAP/GASB guidelines. Financial Presentation-governmental funds used a modified accrual and current financial resources management focus while proprietary funds used a full accrual accounting and economic resources focus. An entity-wide presentation provided a consolidated view of the organization using one basis of accounting. Individual fund level presentations were dictated based on whether the funds were governmental or proprietary in nature. City of Denton City Council Minutes March 3, 2009 Page 2 Key Financial Information - Net assets for City increased by $30.7 million in FY 2008 due primarily to higher net revenue from business type activities. Non-current liabilities increased by $14 million due to the issuance of bonds. The General Fund unreserved/undesignated fund balance was $25.3 million, an increase of $2.26 million from the prior year. Audit Comments - The City received an unqualified or “clean” opinion from the audit firm. Weaver and Tidwell provided recommendations for two improvements. The first dealt with Municipal Court receipts with a recommendation to implement policies and procedures to prevent unauthorized non-cash transactions from being entered into the Municipal Court system. The second dealt with access controls with a recommendation that all inappropriate generic computer system IDs be removed and require a regular review of these IDs in the future. Staff agreed with these recommendations and had already implemented revised procedures to address the concerns. Council Member Mulroy noted that the Community Development Department had again received no negative remarks regarding that department and felt that it was a high achievement for that department. 3.The Council received a report, held a discussion, and gave staff direction regarding the evaluation and implementation of a fixed asset/job cost accounting system. Bryan Langley, Director of Finance, stated that the current method of fixed asset/job cost accounting used excel spreadsheets. With that system, data could be corrupted or deleted, depreciation formulas could be inaccurate, assets could not be easily aggregated by component systems, the process could lead to errors, and tracing data to spreadsheets was difficult due to limited data in Excel. The City used 19 separate software applications to manage fixed asset data and other operational issues. The fixed asset records were maintained and updated with a manual process, job cost data was manually calculated, various systems did not communicate with each other or the JD Edwards Financial System, and the full capability of the JD Edwards system was not known. Proposed strategy - conduct a needs assessment /gap analysis to determine specifications of FA/JC implementation. Release implementation of a request for proposal and evaluate the responses. Supplement with an implementation team to contract with IT and Accounting support. Objective of Needs Assessment/Gap Analysis - There were no interfaces between the 19 third party applications and the JD Edwards financial system. The objective of the needs assessment/gap analysis was to evaluate continued use of the third party applications in place of JDE, interfacing of third party applications with JDE, replacement of third party applications with JDE and a combination of above options. He reviewed the project costs which included the consultant costs, needs assessment/gap analysis, implementation, temporary IT services and temporary accounting services. Project Justification – the City managed approximately $660 million in fixed asset records, DME could realize direct financial benefits by properly classifying and accounting for transmission assets, other departments would benefit by more accurate recordkeeping, efficiency of City of Denton City Council Minutes March 3, 2009 Page 3 accounting operations would be improved and processes would need to be improved as the City’s population continued to increase. Next steps - March 3 recommend a contract award for the needs assessment/gap analysis; July 2009, complete the gap analysis; late summer 2009, discuss results of the needs/assessment/gap analysis with the Public Utilities Board and the Audit/Finance Committee; September 2009, release implementation request for proposal; and Fall 2009, begin implementation. Mayor Burroughs asked if the Council voted to approve the analysis at this meeting and the economy went down either further, could the project wait for a year. Langley replied that it would not be a problem to wait a year. Council Member Thomson stated that combining the 19 different systems would provide better efficiency of the system. Langley replied yes but they probably would not get rid of all 19 systems as some do different functions which were still needed. 4.The Council received a report, held a discussion and gave staff direction regarding renewing the Red Light Camera contract. Captain Scott Fletcher, Denton Police Department, provided a historic overview of the project. The project was operated under contract with Redflex Traffic Systems. The four original intersections were chosen for traffic volume, red light violations, red light accidents and traditional enforcement options. The program began in May 2006. The original intersections included Hickory and Bell, Oak and Carroll, Spencer and Mayhill Road and Shady Oaks and Woodrow. Program Evaluations – There were two ways to evaluate the red light violations. During the first 31 months of operation, the program showed an overall reduction of more than 74% and 5 of 6 approaches targeted were reduced. The second method of evaluation involved the accident side. Statistics were looked at for two years before the cameras were installed and after the cameras were installed. Red light accidents, red-light related accidents and overall accidents appeared to be reduced. Financial Aspects – the current contract was $5,153 per camera/month. The first year had a net of $200,000 revenue which was used for police equipment and school crossing safety improvements. Since October 2007 there was an average net loss of $14,132 per month. Expansion Locations – it was being suggested that the program be expended to include E. University and Mayhill, Fort Worth Drive and the I-35 Service Road, Loop 288 and I35, University and Carroll, and University and I35. Technology Improvements – improvements in the program included inductive loop sensors which would improve detection rate, better monitor individual lanes and reduce “false positives”. City of Denton City Council Minutes March 3, 2009 Page 4 Contract Renewal Terms –terms for the new contact would include a cost of existing cameras at $4870 per camera/month, up to a $2000 credit/month based on performance, new cameras installed at $4870 per camera/month and the cost neutrality clause would continue. Recommendations- renew the red light camera program contract, upgrade the existing intersections and expand the program to the planned intersections. Council Member Heggins asked about right turn on red violations. Fletcher stated that the system worked with video as well as pictures so the violation could be seen. A driver must come to complete stop before proceeding to turn right on red. Some stops were subject to interpretation as often a driver thought he made complete stop when he really did not. Council Member Thomson noted that if the program were running in a deficit from Redflex, the State would not be receiving any funds. Fletcher replied correct. Mayor Prom Tem Kamp why the intersection at Carroll and University was not being used. Fletcher stated that a video analysis was done and there were enough violations to warrant a camera at that intersection but the layout was not adequate for placement. 5.The Council received a briefing, held a discussion and gave staff direction on proposed amendments to Subchapters 12, 13, and 23 of the Denton Development Code (DDC). These are staff initiated Code amendments to clarify standards and regulations regarding outside storage and outside display requirements; revise the requirement for window and door areas for single- family residential dwellings, multiple unit residential dwellings and multi-family development; provide definitions for windows and doors; and revise the definitions of front lot line, front yard, rear yard and side yard. The purpose of this work session is for the City Council to review the proposed amendments and provide staff with direction. The Planning and Zoning Commission recommended approval (6-0). (DCA08-0009) Mark Cunningham, Director of Planning and Development, stated that the proposed amendments would provide clarity and consistency in the interpretation and enforcement of regulations related to outdoor storage and façade requirements. Outside storage/outside display – the proposed amendments to the Denton Property Maintenance Code would regulate both commercial and residential outside storage. In addition, language differentiating outside storage from outdoor display was proposed for clarity and congruency between the two documents. Mayor Burroughs asked if the five foot setback from the property line included brick. Cunningham replied that it applied to anything as it would be easier to enforce if everything were the same. City of Denton City Council Minutes March 3, 2009 Page 5 Council Member Watts asked if front porch storage of lawn patio furniture intended for outdoor usage would be within the regulations. Cunningham stated that the provisions took that into consideration. Council Member Watts stated that the Code language did not indicate that and he wanted to make sure there was no inconsistency on the part of property maintenance code. Council Member Mulroy stated that the property maintenance code made those exceptions. The Denton Development Code looked at land use for new development while the Property Maintenance Code looked at existing property. Cunningham stated that outside display would use the requirements in the Property Maintenance Code. Those were items intended to be sold or rented. He reviewed the definitions of outside storage and outside display. Council Member Mulroy suggested inserting the words “immediate sale” into the definition of outside storage. Cunningham reviewed the provisions for window/door opening requirements. The current code required that all walls, except gabled roof areas, which faced a street other than an alley, must contain at least 25% of the wall space in windows or doors. This provision applied to single- family residential structures only and often made it difficult to create a functional floor plan that met both the minimum window/door opening requirements and exceeded the Energy Code requirements by 10%. As a result an applicant might use false windows or doors. Developers of multi-family developments and multiple unit residential dwelling have identified similar issues as being challenging. Staff was recommending alternative language which would correct this situation for both single-family residential and multifamily residential units. Cunningham noted that various definitions would be included or revised in order to provide clarity. Those areas included windows and doors, front lot line, front year, rear yard and side yard. 6.The Council received a briefing, held a discussion and gave staff direction on the proposed amendments to Subchapters 13 and 23 of the Denton Development Code (DDC). These are staff initiated Code amendments to clarify the buffer, screening and fencing requirements in Subchapter 13, and to provide definitions for master planned development, buffer, fence, perimeter fence, screening, and refuse containers. The purpose of this work session is for the City Council to review the proposed amendments and provide staff with direction. The Planning and Zoning Commission recommended approval (5-0). (DCA08-0012) Mark Cunningham, Director of Planning and Development, stated that staff was proposing language to clarify the buffer, screening and fencing requirements found in Subchapter 13 of the Development Code to assure consistency and congruity between the Development Code and the Property Maintenance Code. City of Denton City Council Minutes March 3, 2009 Page 6 In terms of buffers, Cunningham noted buffer locations, effect of easements, and a buffer matrix which outlined the requirements for buffers and was based on the intensity/density between land use categories. Council Member Mulroy asked if agriculture/live stock was based on zoning or existing use. Cunningham stated it was on existing use. Council Member Mulroy stated that larger tracts of land may have varying requirements. Cunningham stated staff would relook at those requirements. Mayor Burroughs asked if the new provisions would apply to a single-family residence where someone had to rebuild after fire or added on less than the required percentage. Cunningham stated that those would be vested and would use the code when originally built. Mayor Burroughs felt that a very specific mix of vegetation was being required which might prohibit a line of more expensive trees. Cunningham stated that current canopy trees would be counted towards overall canopy coverage. Mayor Burroughs felt that by forcing a very definitive breakdown of vegetation there would be a lot of exceptions. He felt it would be easy to provide for a variance to put in different types of trees. Cunningham stated that a clause could be added to change types of trees if desired. Council Member Mulroy agreed that the provision should be flexible in types and mix of vegetation. He questioned if the buffer requirement for fencing was adequate or was a combination of both fencing and vegetation better. Cunningham stated that originally it had been fencing but that was not good for the blocking of light. This was a proactive approach so the different uses could exist in harmony. Vegetation might take a long time to outgrow parking lot lights so a consideration was types and flexibility of uses. Council Member Mulroy asked why the tree canopy to be counted was at 40% instead of 100%. Cunningham stated that one issue for 100% was that there could be a large tract with 100% of the buffer on one side on the tract and then the developer could clear cut the rest of the property. Staff was trying to avoid clear cutting. Mayor Burroughs asked about the timing of planting. He felt there should be a provision to avoid having to plant in the middle of the summer. Cunningham stated that a tree standard manual was proposed in which that issue would be addressed. There should be some variance for the planting season. City of Denton City Council Minutes March 3, 2009 Page 7 Cunningham continued with perimeter fencing and screening requirements. Staff was recommending that perimeter fencing was not mandatory but when used must have specific requirements. Fence materials, security fences, fence height, fence location, setbacks, and clear visibility areas were noted. Staff wanted to be flexible to allow different types of fencing materials. Council Member Watts asked about building in the easement. Cunningham stated that it could be done but if utility work was needed in the easement, then the fence would be taken down and the owner would be responsible to put it back up at his expense. Council Member Mulroy stated that going forward Planning would not approve the placement of a fence in an easement or on a right-of-way, nor could a fence permit be obtained. Cunningham replied correct. Council Member Watts asked about older fences already in place. Council Member Mulroy stated that right now permits to build or rebuild fences could not be issued. Utilities would work with current fences in those areas. These provisions would address new construction. Cunningham completed his presentation with an explanation of setbacks, clear visibility areas, and screening for refuse containers. Council Member Mulroy suggested adding flexibility to the types of screening materials. Following the Work Session, the Council convened in a Closed Session at 5:20 p.m. to consider the following items: 1.Closed Meeting: A.Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Received information about and a consultation from the City’s attorneys regarding the status of two of the pending TMPA-related cases which includes: Texas Municipal Power Agency v. City of Bryan, et al, Cause th No. 28,169, in the 506 Judicial District Court in and for Grimes County, Texas; Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08- th 003426, in the 250 Judicial District Court in and for Travis County, Texas; a public discussion and deliberation of these legal issues in an open meeting would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B.Consultation with Attorney – Under Texas Government Code Section 551.071. City of Denton City Council Minutes March 3, 2009 Page 8 1. Consultation on status of potential litigation concerning street failures in the Wind River subdivision. C.Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Received a presentation from staff regarding negotiations between Denton Municipal Electric (DME) and a leading wind developer. The project was known as “Project Alpha”; discussed, deliberated and provided staff with direction. D.Deliberations regarding Real Property – Under Texas Government Code Section 551.072, Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Deliberated the value of real property interests for the lease of City property, in the H. Sisco Survey, Abstract Number 1184 and being a tract of land approximately 1,437.48 square feet in size, located west of the southwest corner of the intersection of Industrial Street and East Hickory Street, Denton, Texas (the “Property”). Received legal advice from the City Attorney or her staff concerning legal issues regarding the lease of such real property interests. E.Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Received a briefing and status report from the City’s attorneys regarding the litigation entitled The City of Denton, Texas v. The University of th North Texas, Cause No. 2008-20043-158, now pending before the 158 Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the attorneys with direction. 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. F.Deliberations regarding Personnel Matters – Under Texas Government Code Section 551.074. 1.Deliberated and discussed the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Auditor, and City Manager. This item was not considered. G.Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. City of Denton City Council Minutes March 3, 2009 Page 9 1. Discussed, deliberated and received information from staff and provided staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Regular Meeting of the City of Denton City Council on Tuesday, March 3, 2009 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 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. Presentation of the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association. 2. Proclamation for Convoy of Hope Day 3. Proclamation for Social Work Month 4. Proclamation for National Surveyors Week Bryan Langley, Director of Finance, presented the Certificate of Achievement for Excellence in Financial Reporting to the city. It was awarded by the Government Finance Officers Association. Mayor Burroughs presented proclamations for Convoy of Hope Day, Social Work Month and National Surveyors Week. City of Denton City Council Minutes March 3, 2009 Page 10 3. CONSENT AGENDA Mayor Burroughs stated that Item N would be removed from the Consent Agenda for separate consideration. Kamp motioned, Thomson seconded to pull Item 3N for separate consideration. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Kamp motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item N. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Item N was considered. Mulroy motioned, Kamp seconded to table Item N indefinitely with no date certain. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.Motion carried unanimously. A.2009-047 - An ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute a second one-year extension to the depository services contract with Wachovia Bank, N.A.; and providing an effective date. The Investment Committee recommended approval (5-0). B.R2009-006 - A resolution reviewing and adopting revisions to the Investment Policy regarding funds for the City of Denton; and providing an effective date. The Investment Committee recommended approval (5-0). C.R2009-007 - A resolution adopting the City of Denton Parks, Recreation and Trails System Master Plan; and providing an effective date. The Parks, Recreation and Beautification Board recommended approval (6-0). D.R2009-008 - A resolution to loan the water color painting, Spring Dusk, to the Pearl Fincher Museum of Fine Arts, in Spring, Texas. The Parks, Recreation and Beautification Board recommended approval (7-0). E.2009-048 - An ordinance authorizing the City Manager to execute change order number one to a contract for the rebuilding of a D7 Caterpillar Landfill dozer between the City of Denton and Holt Cat; providing for the expenditure of funds therefor; and providing an effective date (File 4221–Repair of D7 Caterpillar Landfill dozer in the amount of $92,705.82 and Change Order Number One for the rebuilding of the transmission of a dozer in the amount of $32,859 for a total award of $125,565). The Public Utilities Board recommended approval (7-0). F.2009-049 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for electric design and City of Denton City Council Minutes March 3, 2009 Page 11 engineering services pertaining to the Jim Christal Substation and other engineering and related consulting services for CIP projects for Denton Municipal Electric with Ampirical Solutions, L.L.C. (in an amount not-to-exceed $188,032); authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommended approval (7-0). G.2009-050 - An ordinance accepting competitive bids and awarding a public works contract for the construction of concrete pavement for the Evers Park Athletic Complex and North Lakes Park fields 5 and 6; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516–awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $229,974.86). H.2009-051 - An ordinance accepting competitive bids and awarding a public works contract for the construction of five overhead distribution line projects for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4243–awarded to the lowest responsible bidder meeting specification, Finway, Inc. in the amount of $364,146). The Public Utilities Board recommended approval (7-0). I.2009-052 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement between the City of Denton and MarketSphere Consulting, LLC for a fixed asset/job cost system needs assessment and gap analysis; authorizing the expenditure of funds; and providing an effective date (RFSP 4225–Fixed Asset/Job Cost System Needs Assessment JD Edwards Fixed Asset/Job Cost System Gap Analysis awarded to MarketSphere Consulting, LLC in an amount not to exceed $194,930). J.2009-053 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of protective relay, control, monitoring, metering, software, and integration products manufactured by Schweitzer Engineering Laboratories, Inc., which is available from only one source, KD Johnson, Inc. 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 4265– Purchase of Protective Relay, Control, Monitoring, Metering and Integration Hardware for Denton Municipal Electric in the estimated amount of $662,575). The Public Utilities Board recommended approval (7-0). K.2009-054 - An ordinance accepting competitive bids and awarding a contract for the purchase of tree trimming and vegetation management services for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4233–Tree Trimming Services awarded to ABC Professional Tree Services, Inc. in the amount of $450,000). The Public Utilities Board recommended approval (7-0). L.2009-055 - An ordinance accepting competitive bids and awarding a contract for the purchase of transmission control and relay panels for Denton Municipal City of Denton City Council Minutes March 3, 2009 Page 12 Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4245–Relay Panels for RD Wells Interchange and Hickory Creek Substation awarded to Electrical Power Products in the amount of $188,893). The Public Utilities Board recommended approval (7-0). M.2009-056 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Parks Foundation to assist with preparation for the 2009 Cinco de Mayo celebration; providing for the expenditure of funds; and providing for an effective date. ($1,450) N.NOTE: This Item Was Tabled - An ordinance of the City of Denton, Texas approving an interlocal cooperation agreement between the City of Denton and the Denton County Transportation Authority (DCTA) granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line. The Mobility Committee recommended approval (3-0). O.2009-057 - An ordinance authorizing the City Manager to enter into an interlocal cooperative agreement between the City of Denton and the North Central Texas Council of Governments for a Local Air Quality Program traffic signal project; and providing for an effective date. The Mobility Committee recommended approval (3-0). P.2009-058 - An ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to Agreement for Professional Legal Services with the law firm of Walker Sewell, LLP for professional legal services relating to litigation styled: Texas Municipal Power th Agency v. City of Bryan, Texas,Cause No. 28,169 pending in the 506 Judicial District Court in and for Grimes County, Texas; City of Bryan, Texas v. City of st Denton, et al, Cause No. 08-002233-CV-361 brought in the 361 Judicial District Court in and for Brazos County, Texas; Ex Parte Texas Municipal Power Agency, th Cause No. D-1-GN-08-003426, now pending before the 250 Judicial District Court in and for Travis County, Texas; together with ancillary litigation involving the City of Bryan, Texas as plaintiff and the three northern cities of TMPA (Denton, Garland and Greenville) as defendants, which suit has been severed and is in the process of being transferred from Travis County to Hunt County, Texas; authorizing the expenditure of funds therefor in the amount of an additional $105,000 (for the total not-to-exceed amount of $195,000); and providing an effective date. The Public Utilities Board recommended approval (7–0). Q.2009-059 - An ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute a right of entry and possession in favor of the Denton County Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing pre-construction surveying, installing erosion control, conducting clearing and grubbing and performing utility pot holing; an providing an effective date. The Mobility Committee recommended approval (3-0). City of Denton City Council Minutes March 3, 2009 Page 13 R.2009-060 - An ordinance amending Section 18-92 “Prohibited for Certain Purposes” of Chapter 18 “Motor Vehicles and Traffic” of the Code of Ordinances of the City of Denton; adding a new Section 18-92.1 “Parking Nuisances” to Chapter 18; amending Chapter 21 “Offenses” of the Code of Ordinances to add a new Section 21-8 “Dumping;” providing a severability clause; providing a penalty clause; and declaring an effective date. 4.ITEMS FOR INDIVIDUAL CONSIDERATION A.The Council considered adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of “City of Denton General Obligation Refunding Bonds, Series 2009”; establishing parameters for the redemption of certain outstanding obligations of the City; authorizing the issuance of the bonds; approving and authorizing instruments and procedures relating to said bonds; and enacting other provisions relating to the subject. Bryan Langley, Director of Finance, stated that the City’s Debt Service Management Policy stated that the City should consider refunding debt service whenever an analysis indicated the potential for present value savings of approximately 3.5% of the debt service being refunded or if beneficial to the City in another way. First Southwest Company, the City’s financial advisor, felt that based on current market conditions, refinancing several of the bond issues would generate present value savings of approximately 4.9% of the refunded par amount. Approval of the ordinance would allow staff to proceed with the refinancing between now and September 3, 2009 if market conditions were favorable and the present value savings were above the stated debt policy guidelines. If the refinancing could not be done at 3.5%, it would not be done at this time. The following ordinance was considered: NO. 2009-061 AN ORDINANCE CONSIDERING ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE AND DELIVERY OF “CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009”; ESTABLISHING PARAMETERS FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AUTHORIZING THE ISSUANCE OF THE BONDS; APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TO SAID BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. Mulroy motioned, Watts 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. A.The Council considered adoption of an ordinance of the City of Denton, Texas creating a new Chapter 17 “Property Maintenance” in the Code of Ordinances of the City of Denton; repealing Chapter 20 “Nuisances” of the Code of Ordinances; repealing Sections 21-51, 21-55, and 21-56 of Chapter 21 “Offenses” of the Code of Ordinances; repealing a portion of City of Denton City Council Minutes March 3, 2009 Page 14 Section 35-76 of Chapter 35 “Zoning” of the Code of Ordinances; providing a severability clause; and providing for an effective date. John Cabrales, Public Information/Intergovernmental Relations Officer, stated that current codes that addressed maintenance issues were located in various chapters of the city’s Code of Ordinances. Some of the language in the various chapters contradicted itself, may be vague or not present at all. The proposed ordinance addressed such issues as chronic offenders, established a 120 day time frame for inoperable vehicles in a repair business, defined tree canopy, added protection to native grasses, addressed outside storage, outside displays, the maintenance of perimeter fences and when they needed to be repaired, auto shade coverings, improved parking surface conditions, service of notice by code enforcement and codified practices currently being performed. The proposed ordinance placed all language in one document, added language to allow staff to address complaints from residents and formatted the document for easy reading. Mayor Burroughs asked about the effective date of ordinance. Cabrales stated that it would be 14 days from date of passage. An education campaign was being initiated to educate residents. Lancine Bentley, Code Enforcement, stated that the notification process would change from 7 to 10 days. They would also offer extensions to accommodate the property owner. An educational campaign, tip sheets to help with the new regulations, and visits to properties to assist with violation definitions would be offered to the public. A Comment Card was submitted by Karen DiVinney in support of the proposal. Watts motioned, Moreno seconded to adopt the ordinance. Council Member Moreno asked about the difference in tree limb height between the street and sidewalk. Cabrales stated that the street height was higher so that large vehicles could pass unobstructed. The sidewalks did not need as large a height. On roll vote to adopt the ordinance, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. C. The Council considered nominations/appointments to the City’s Boards and Commissions: 1. Denton Housing Authority 2. Historic Landmark Commission 3. Human Services Advisory Committee 4. Charter Review Committee Mayor Burroughs announced that he was appointing Dr. Kathryn Stream to the Denton Housing Authority. City of Denton City Council Minutes March 3, 2009 Page 15 Council Member Moreno nominated Diane Crew to the Historic Landmark Commission. On roll vote, Heggins “aye”, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. Council Member Heggins did not have a nomination to the Human Services Advisory Committee at this time. Council Member Moreno appointed Jose Gaona, Barbara Gailey and Bob Eames to the Charter Review Committee. D. Citizen Reports 1.Council reviewed the procedures for addressing the City Council. 2.The Council received citizen reports from the following: A.Elma Walker regarding 65 and over tax exemption for property taxes. Ms. Walker requested the Council raise the senior tax exemption to match the County with a response by May 5, 2009. The City currently had an exemption of $25,000 while the County had a $55,000 exemption. A study was sent to Council from the Audit/Finance Committee regarding a possible tax increase that might be necessary if the exemption were raised. That increase in tax rate was less than ¾ of a penny to raise the exemption to $40,000 and less than 1½ cent to match the County exemption. If the Council could not raise the exemption to the full $55,000 this year, she suggested raising it to $40,000 this year and $55,000 next year. B.Kathleen Wazny regarding property taxes for seniors in the City. Ms. Wazny requested the Council increase the tax exemption for residents over 65 from $25,000 to $55, 0000 and to bring decision back by May 5 so that the increase would impact the next property tax bill. There had not been an increase in a number of years. She did not understand why the exemption had not been raised over the years and done in small steps. C.Nell Yeldell regarding telephone services in Denton and harassing and threatening calls and eavesdropping. Ms. Yeldell was not present at the meeting. D.Bob Clifton regarding conflicts of interest. Mr. Clifton presented information on conflict of interest. He expressed concerns regarding streets, the water park was losing money, UNT permit parking, code enforcement, the need for more health inspectors, UNT owing money to the city on utilities, lawsuits and outside attorneys. He stated that he was going to run for District 1 City Council. E.Dan Hurt regarding 65 and over exemption on city tax. Mr. Hurt requested the Council consider an increase in the over 65 tax exemption. City of Denton City Council Minutes March 3, 2009 Page 16 F.Al Jacobson regarding tax exemptions for senior citizens over 65. Mr. Jacobson was not present at the meeting. G.Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth understood the position of the seniors who spoke before him. He felt that the Parks Department had a work environment against employees and asked for the removal of several park employees. H.Jordan Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth asked that Bobbie Givens not be fired. I.Lanisha Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth asked that Bobbie Givens keep his job. J.Hagar Hudspeth regarding concerns of Southeast Denton. Ms. Hudspeth asked that Bobbie Givens keep job. E. 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 asked for a Work Session regarding the over 65 tax exemption F.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. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned 8:12 p.m. ________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES March 10, 2009 After determining in Open Session that a quorum was present, the City Council convened in a Closed Session on Tuesday, March 10, 2009 at 3:00 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Heggins, Moreno, Mulroy, Thomson and Watts. ABSENT: None 1. Closed Session A.Deliberations regarding Personnel Matters – Under Texas Government Code Section 551.074. 1.Deliberated and discussed the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Auditor, and City Manager. B.Consultation with Attorney – Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations – Under Texas Government Code Section 551.087. 1.Received a report and held a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Allegiance Hillview Development, LP with respect to development at Rayzor Ranch. This discussion shall include commercial or financial information the City Council has received from Allegiance Hillview Development, LP which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the city council is conducting economic development negotiations; including the offer of financial or other incentives. C. Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Consulted with City’s attorneys on legal issues, including potential settlement, of litigation styled Collegiate Community Outreach d/b/a UNT Chi Alpha, et al. v. City of Denton, et al., Cause No. 4:07cv564, currently pending in the US District court, Eastern District, Sherman Division. 2. Consulted with City’s attorneys and held a discussion limited to legal issues potentially or consequentially associated with implementation and pursuit of the City of Denton Growth Management Study. Council Member Heggins left the meeting during the discussion of C. 1. City of Denton City Council Minutes March 10, 2009 Page 2 nd Following the completion of the Closed Session, the Council convened in a 2 Tuesday Session at 6:16 p.m. to consider the following: 1. The Council received a report, held a discussion and gave staff direction regarding the City of Denton Growth Management Study. Mark Cunningham, Director of Planning and Development, presented information on the growth management study. Background Information- In 1999 when the Denton Plan was adopted, the city’s land area was 39,695 acres. To accommodate future population and development growth, the Denton Plan anticipated annexation of approximately 27, 100 acres of land within the city ETJ. This was based on population projections and an average density of 2,250 people per square mile. Per the Denton Plan, the total anticipated land area required to accommodate future population and development was 66,795 acres which was 9,661 acres below that which was anticipated. Element Two of the City’s growth management strategies specified an aggressive annexation plan in order to manage the density and quality of growth within the current ETJ and maintain the City’s existing certificate of convenience and necessity. State Statutes – Section 43.052 established the elements of a required annexation plan but did not apply to an area proposed for annexation if the area contained fewer than 100 separate tracts of land on which one or more residential dwellings were located on each tract. Section 43.055 allowed a municipality to annex up to 10% of the incorporated area as of January 1 of the current calendar year, plus any unused acreages carried over from the previous year’s allocation. Involuntary annexation could not exceed 30% of the incorporated area as of January 1 of the current year. Based on this formula, the city could involuntarily annex approximately 16,917 acres. Planning Rationale – Goals for this area included: protect the north Interstate 35 corridor, protect future “west Loop 288” corridor, manage growth in the city’s CCN, manage land uses, create a logical and contiguous city boundary and provide future growth areas as recommended in the Denton Plan. Project Methodology - Factors in determining potential areas for annexation included physical features (creeks, railroads, roadways, etc.); property configuration boundaries; proximity to current city boundaries; ability to serve (fire, police EMS, DME, etc.); and all areas within the city’s CCN. Factors in determining potential areas for expansion included extent of recent development activity; number of residentially developed parcels; and limited number of gas wells. Analysis- Guided by the Denton Plan, Texas Local Government Code, and the previously mentioned goals and factors, Freese and Nichols studied 15 areas encompassing over 48,000 acres and identified potential annexation areas. Five of the potential annexation areas were located in the northwestern quadrant of the City. Also identified as potential annexation areas were 16 unincorporated pockets located within the current city limits; three of those had more than 100 lots and might require an annexation plan; 3 other unincorporated pockets were encumbered with restrictive covenants. The total acreage of potential annexation area was 12,342 acres with the maximum the city could annex at 16,917 acres. City of Denton City Council Minutes March 10, 2009 Page 3 Annexation Options – Options included proceed with the annexation process for all of the identified areas, proceed with the annexation process for only some of the identified areas; or do not proceed with annexation of any of the identified areas. Consensus of the Council was to not consider the three areas with restrictive covenants. In absence of any other reason, proceed with the other five major areas, bringing back specifics for pocket areas. The UNT parcels should also be included in the analysis. 2. The Council received a report, held a discussion, and gave staff direction regarding development and submission of grant applications by the City of Denton for funding under the American Recovery and Reinvestment Act. Barbara Ross, Community Development Coordinator, provided a general overview of the method used to develop grant applications and research and reviewed the grants available under the Act. A committee of staff members from various departments was formed to participate in the study. Information received from Barbara McCall, the City’s lobbyist in Washington, was used in determination of the projects. The Committee was also working on the budgetary implication of the grants for the future plus the availability of matching funds. The proposed ordinance Council would consider later in the meeting would allow staff to submit grant applications and allow the City Manager to sign any funding agreements that might be received. Mayor Burroughs stated that if a matching fund situation might be a problem staff should provide that information to Council before dismissing a project due to a matching fund situation. Mayor Burroughs asked about the weatherization of homes. Ross stated that the State grant went out to various agencies. Some of the formulas for funding would go to the State and a city would have to make application to the State for those funds. This might delay the receipt of funds as the State would have to develop application standards before applications could be made. 3 The Council received a report, held a discussion, and gave staff direction regarding a proposed strategy for Utilities Customer Service. Bryan Langley, Director of Finance, presented information on this issue. Overview and Purpose - Review key aspects of the customer service organization, consider key elements of the Navigant recommendations for customer service; describe key objectives and elements of proposed customer service strategy; provide overview of payment types accepted by the city; and discuss next steps and city council direction Overview – the FY 2008-09 Customer Service budget was $4,013,361 and included 42 full time equivalents. Staff was organized into teams consisting of the call center; cash, billing and administration. Navigant characterized customer service as high cost with high service. Costs have risen 35% over the last five years and 145% during the last eight years. Factors contributing to the rising costs included growth of the community; department specialization leading to increases in staffing needs; underdeveloped self service tools, continued growth in walk-in customers. The City of Denton City Council Minutes March 10, 2009 Page 4 majority of customers were paying by check with walk-in payments the most expensive payment option. There was a low adoption rate of the direct debit program. Areas of opportunity – currently were not using call/walk-in arrival patterns to guide staffing decisions; a quality evaluation system was not currently in place; a great deal of specialization impacted cross training of staff; staffing was spread thinly across many duties; attrition and absenteeism would have a profound impact on the department as it was currently structured, and a high percentage of walk-in payments led to higher costs and increased staff. Solutions currently being pursued included developing daily volume, efficiency and staffing reports utilizing those reports to guide staffing decisions; create employee scorecards to encourage accountability for personnel and department performance; efficiency, quality and empowerment were key performance indicators; creating a quality observation program to encourage first call/contact resolution, and cross training employees to reduce specialization. Navigant study recommendations – (1) empower customer service employees so they can enter information as they handle calls or process in-person transaction; (2) revamp the IVR and telephone systems to improve the call flow, better integrate account information and encourage self-service; (3) simplify the application process for new customers; (4) identify and handle customer accounts based on credit/collection risk; (5) refine payment options and channels; (6) set up a performance measurement and benchmarking program to routinely measure and communicate performance; (7) change bad debt write-off procedures and (8) define and deploy a customer service strategy and communicate this effectively throughout the organization and to customers. Customer Service Strategy Objectives – develop and implement a strategy to guide future decision making which would enhance the experience for customers, provide customers with more options to pay their bill and obtain information regarding their account, attempt to improve efficiency and effectiveness of Customer Service operations, and limit or reduce cost increases in the future. Key Elements of Strategy – Key elements included reduce staffing specialization and improve cross training; staff each area to “average arrival” call and walk up patterns, better develop automated payment options, limit or reduce number of full-service payment locations, recognize good customers and prioritize their calls. Payment acceptance - In June 2006, the Council eliminated face-to-face credit card transactions to reduce costs. Credit card payments could still be accepted on the internet/kiosk if the customer paid a convenience fee. Over time, business needs had necessitated variances to this policy and had led to inconsistent payment acceptance practices throughout the city. Staff would like to standardize payment acceptance for all departments except utilities customer service. Also revise the process that would provide better customer service with back office procedures simplified to improve efficiency. A recommendation would be to accept cash and face-to-face credit cards at all city locations; the Internet payments would not require convenience fee with the program phased in over time. Next steps - staff was currently evaluating a number of issues including improvements to various automated payment options; potential outsourcing of bill printing and mailing, revising deposit, credit and collections procedures. Future programs would be implemented according to the strategy recommended by the PUB and Council. City of Denton City Council Minutes March 10, 2009 Page 5 nd Following the completion of the 2 Tuesday Session, the Council convened in Open Session to consider the following: 1. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to make application to any State or Federal entity administering funding allocated under the American Recovery and Reinvestment Act of 2009 that is deemed appropriate to support projects within the City, and to allow the City Manager to take all other actions necessary to obtain grants under the Act. The following ordinance was considered: NO. 2009-063 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO ANY STATE OR FEDERAL ENTITY ADMINISTERING FUNDING ALLOCATED UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 THAT IS DEEMED APPROPRIATE TO SUPPORT PROJECTS WITHIN THE CITY, AND TO ALLOW THE CITY MANAGER TO TAKE ALL OTHER ACTIONS NECESSARY TO OBTAIN GRANTS UNDER THE ACT. Mulroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. 2. The Council considered adoption of an ordinance approving the adoption of an amended Chapter 380 Agreement with Allegiance Hillview, LP; and providing an effective date. Linda Ratliff, Director of Economic Development, stated that the proposed ordinance would amend the current agreement due to the current economic situation. The amendment would divide the agreement into phases. Phase I represented the property north of Highway 380 and Phase II represented the property south of Highway 380. The revised agreement would limit the amount of incentive to $20 million in Phase I and $42 million in Phase II. The total incentive reimbursement of $62 million remained the same as originally granted. It also required a minimum of $20 million in infrastructure expenditures for Phase I and a minimum of $42 million for phase II; provided a 15-year term for Phase I and a 20-year term for Phase II. The term for the original agreement was 20 years. Other requirements included a minimum of 400,000 square feet of retail for Phase I and 600,000 square feet for Phase II, and grant payments were still based on a percentage of the sale tax generated by the project, excluding any anchor or junior anchor stores that might leave the Golden Triangle Mall to locate at Rayzor Ranch. Ratliff stated that a question had been asked at an earlier meeting regarding the letter of credit and cost of the total project versus the letter of credit. She indicated that any reduction of the balance of the letter of credit would have to have authorization of the City and could not be reduced less than the amount of the road. City of Denton City Council Minutes March 10, 2009 Page 6 The following ordinance was considered: 2009-064 AN ORDINANCE APPROVING THE ADOPTION OF AN AMENDED CHAPTER 380 AGREEMENT WITH ALLEGIANCE HILLVIEW, LP; AND PROVIDING AN EFFECTIVE DATE. Mulroy motioned, Thomson seconded with the amended language as suggested by the City Attorney and Mayor. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”.Motion carried unanimously. 3. The Council clitigation styled onsidered adoption of an ordinance authorizing settlement of Collegiate Community Outreach d/b/a UNT Chi Alpha, et al. v. City of Denton, et al., Cause No. 4:07cv564, currently pending in the US District Court, Eastern District, Sherman Division, under terms previously discussed in closed session, and further authorizing the City Manager to approve a compromise settlement agreement, and such other documents recommended by the City’s attorneys as necessary or appropriate to effectuate such terms of settlement. City Attorney Burgess suggested that this item be tabled until the next Council meeting. Kamp motioned, Mulroy seconded to table the ordinance to the next regular council meeting. On roll vote, Kamp “aye”, Moreno “aye”, Mulroy “aye”, Thomson “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 7:30 p.m. ______________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _______________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - DCA08-0009 (Development Code Amendments) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 12, 13, and 23 of the Denton Development Code to clarify standards and regulations regarding outside storage and outside display requirements, revise the requirement for window or door areas for single-family residential dwellings, multiple unit residential dwellings and multi-family development, provide definitions for windows and doors, and revise the definitions of front lot line, front yard, rear yard and side yard; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0009) On November 19, 2008, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed amendments by a 6-0 vote. BACKGROUND The following Code amendments are proposed to provide clarity and consistency in the interpretation and enforcement of regulations related to outdoor storage and façade requirements. Item 1 Clarifying Outside Storage and Outside Display Requirements Issue: Amendments to the Denton Property Maintenance Code regarding outside storage and outside display are currently underway. As such, language regarding this topic in Subchapter 35.12 of the Denton Development Code (DDC) is being amended to reflect the proposed amendments to the Denton Property Maintenance Code. The proposed amendments to the Denton Property Maintenance Code will regulate both commercial and residential outside storage. In addition, language differentiating outside storage from outdoor display is proposed for purposes of clarity and congruency between the two documents. Recommendation: Subchapter 35.12.7 Outside Storage of the DDC be stricken in its entirety and replaced as follows: 35.12.7 Outside Storage and Outside Display Outside Storage* : In addition to complying with all EPA regulations, the International Fire Code, and all other applicable rules and regulations, outdoor storage: 1.Shall be located in the side or rear yard only, and shall be opaquely screened from public view using screening materials that are in conformance with Sections 35.13.8 and 35.13.9. 2.Shall not be stacked higher than eight (8) feet. 3.Shall be setback at least five (5) feet from the property line and shall be maintained so as to not become a nuisance to the public or any adjoining property. Cross reference * Outside Display of objects, items, products, or other merchandise for immediate sale, rental or special order, Code Chapter 17 (Denton Property Maintenance Code). Recommendation: Add the following definitions to Subchapter 35.23.2 of the DDC: Outside Storage : The storage of objects, items, products or materials outside an enclosed building, and not intended for immediate sale. Outside Display : The outdoor display of objects, items, products, or other merchandise for immediate sale, rental or special order.  Item 2 Revising the requirement for window or door areas for single-family residential dwellings, multiple unit residential dwellings and multi-family developments Issue: Pursuant to Subchapter 35.13.13.1.E. of the DDC, all walls, except gabled roof areas, which face a street other than an alley, must contain at least 25% of the wall space in windows or doors. This provision applies to single-family residential structures only. The way this provision has been interpreted by staff is that both sides of a residential structure located on a corner lot and facing a street must provide at least 25% of the façade with windows or doors. According to applicants, it is difficult to achieve a functional floor plan while meeting both the 25% door or window requirement and exceeding the Energy Code requirements by 10%, as required by the City. In an attempt to comply with the requirement for 25% windows and doors on a façade while exceeding the Energy Code rating requirement by 10%, faux windows or doors have been employed. However, staff is of the opinion that use of faux windows and doors is not within the spirit and intent of the Code. Furthermore, these measures have resulted in structures with compromising aesthetic value and character. Developers of multi-family developments and multiple unit residential dwellings have identified similar issues as being challenging. Pursuant to Subchapter 35.13.13.2.A.1.b, buildings that are located within twenty (20) feet of a property line adjacent to a front yard, or within thirty (30) feet of the curb line of a private street shall have at least 40% of the facade facing the street comprised of windows or doors. This requirement has been applied to both sides of multi-family developments or multiple unit residential dwellings that front Page - 2 streets on corner lots, requiring 40% windows or doors be incorporated on two sides of a building. Similar to single family developers, multi-family developers have stated that it is difficult to achieve a functional floor plan while meeting both the 40% door or window requirement and exceeding the Energy Code requirements by 10%. In an attempt to comply with the requirement for 40% windows and doors on a façade while still exceeding the Energy Code rating requirement by 10%, faux windows or doors have been employed. Again, staff is of the opinion that use of faux windows and doors is not within the spirit and intent of the Code, and that these measures have resulted in structures which have compromised aesthetic value and character, or which may result in the inappropriate or unsafe placement of windows. Summary: To meet window and door requirements for single-family residential structure and multi- family developments, structures are being designed and constructed with faux windows and/or doors that may not be architecturally compatible with the structure. Alternative Development Plans (ADP) are the only option available currently to obtain a waiver from the minimum window or door area requirements; ADPs must be applied for separately for every structure or development not able to meet the minimum window or door requirements, and must be considered by the Planning and Zoning Commission. This process consumes valuable resources, and adds additional time to the development review process. To alleviate the need for ADPs to address the requirements for windows and doors and meet the established energy code guidelines, a reduction in the window or door area minimum requirements is proposed. Recommendation: Staff recommends that Subchapter 35.13.13.1.E of the DDC be stricken in its entirety and be replaced as follows: Within the front façade (front adjoining a public or private right-of-way where the entrance/address is located) of any single-family residential structure, windows or doors (excluding garage doors) shall comprise at least 25% of the wall area. For all other facades, that face a public or private street or right-of-way (excluding alleys), this minimum percentage of wall area for windows and doors may be reduced to 10%, or may provide one window or door per sleeping area (as defined by the Building Code), whichever method provides for the greater coverage of windows and doors. Shutters, trims, or false windows shall not count toward the minimum requirement. Recommendation: Staff recommends that Subchapter 35.13.13.2.A.1.b of the DDC be stricken in its entirety and be replaced as follows: Within the front façade (front adjoining a public or private right-of-way where the entrance/address is located) of any multi-family development and multiple unit residential dwellings, except for structures that are part of a non-residential and mixed use building in a Pedestrian Oriented District, windows or doors (excluding garage doors) Page - 3 shall comprise at least 25% of the wall area. For all other facades, that face a public or private street or right-of-way (excluding alleys) this minimum percentage of wall area for windows and doors may be reduced to 10%, or may provide one window or door per sleeping area (as defined by the Building Code), whichever method provides for the greater coverage of windows and doors. Shutters, trims, or false windows shall not count toward the minimum requirement.* Cross reference * *Window and door area requirements for structures that are part of a non-residential and mixed use building in a Pedestrian Oriented District, Subchapter 35.13.13.4. Recommendation: Add the following definition to the Subchapter 35.23.2: Dwelling, Multiple Unit Residential: A structure designed for three or more dwelling units. This includes, but is not limited to, triplexes, fourplexes, and multi-family units. Item 3 Providing definitions for windows and doors Issue: Currently the DDC does not have a definition for windows or doors. As such, no consistent criteria are available which has resulted in the inclusion of faux windows and doors to meet the minimum area requirements described above. Incorporating definitions of windows and doors into the DDC will provide consistent criteria against which building plans may be evaluated. Recommendation: Add the following definitions to the Subchapter 35.23.2: Window : An opening in the wall of a building or structure for admitting light and fitted with a frame containing panes of glass. Window, False : A device in the wall of a building or structure fitted with a frame containing panes of glass so as to resemble a window, but not admitting light. Door : A hinged, sliding or folding barrier for providing access to a building, structure or room. Door, False : A device that resembles a door, but does not provide access to a building, structure or room. Page - 4 Item 4 Revising the definition of front lot line, front yard, rear yard and side yard Issue: The definitions of front lot line, front yard, rear yard and side yard are being revised to provide clarity. Currently, the definitions of these terms have been found to be vague. For instance, side yard is defined as a yard between the principal structure and the side lot line, extending from the front yard to the rear yard. A corner lot shall have one front yard and one This definition has been interpreted such that the side yard facing the street is considered part of the front yard. In comparison, the definition of front yard is extended across the full width of and situated between the front lot line and the principal In addition to the overlap between these definitions, they do not clearly address corner lots. The proposed definitions are intended to address confusion arising from the existing definitions, and to clarify how the definitions are applied to corner lots. Recommendation: Staff recommends that Subchapter 35.23.2 of the DDC be amended as follows: Lot Line, Front: The lot line separating the lot from the street other than an alley. In the case of a corner lot, there shall only be one street line considered the front lot line. The front lot line adjoins the public or private rights-of-way where the entrance/address is located. Yard, Front: A yard extended across the full width of and situated between the front lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the front yard adjoins the public or private rights-of-way where the entrance/address is located. Yard, Rear: A yard extended across the full width of and situated between the rear lot line and the principal structure extending to the side lot lines. In the case of a corner lot, the rear yard shall not extend past the corner side yard. Yard, Side: A yard extended across the full width of and situated between the side lot line and the principal structure extending from the front yard to the rear yard. In the case of a corner lot, the corner side yard shall extend from the front yard to the rear lot line. Page - 5 ×ÒÌÛÎ×ÑÎ ÔÑÌ ÝÑÎÒÛÎ ÔÑÌ Î»¿® Ô±¬ Ô·²» λ¿® Ô±¬ Ô·²» ß½½»­­±®§ ß½½»­­±®§ ͬ®«½¬«®» ͬ®«½¬«®» øÙ¿®¿¹»÷ øÙ¿®¿¹»÷ λ¿® Ç¿®¼ λ¿® Ç¿®¼ ر«­» ر«­» Ú®±²¬ Ç¿®¼ Ú®±²¬ Ç¿®¼ Ú®±²¬ Ô±¬ Ô·²» Ú®±²¬ Ô±¬ Ô·²» ͬ®»»¬ Page - 6 PRIOR ACTION/REVIEW November 5, 2008 Planning and Zoning Commission Work Session November 19, 2008 Planning and Zoning Commission Public Hearing March 3, 2009 City Council Work Session OPTIONS 1.Approve as submitted 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION On November 19, 2008, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed amendments by a 6-0 vote. EXHIBITS 1.November 19, 2008 Planning and Zoning Commission Minutes 2.Ordinance Prepared by: Respectfully submitted: Ron Menguita, AICP Mark Cunningham, AICP Planning Supervisor Director of Planning and Development Page - 7 ÛÈØ×Þ×Ì ï ÛÈØ×Þ×Ì î AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - DCA08-0012 (Buffer, Screening and Fencing Requirements) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 13 and 23 of the Denton Development Code to clarify the buffer, screening and fencing requirements in Subchapter 13; providing definitions for master planned development, buffer, fence, perimeter fence, and screening; deleting sections 16-129 through 16- 131 of the Denton Code of Ordinances; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0012) On January 7, 2009, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed amendments by a 5-0 vote. BACKGROUND In concert with these amendments, staff is updating the Denton Property Maintenance Code. The update of the Denton Property Maintenance Code includes sections that refer to the DDC, or has similar language as the DDC, regarding buffer, screening and fencing. These amendments will assure consistency and congruity between the two documents. Issue: Staff is proposing language to clarify the buffer, screening and fencing requirements found in Subchapter 13 of the DDC. For instance, language is added to Subchapter 35.13.8 to address screening requirements between commercial and industrial uses that does not currently exist in the DDC. In addition, language is added to Subchapter 35.13.9 to address location and setbacks of fences and to provide approved fencing materials. The proposed amendments will also provide for additional opportunities for adequate mitigation between incompatible uses, and allow a certain percentage of the tree canopy within a required buffer to count toward the minimum tree canopy coverage required under the Code. Recommendation: Staff recommends that Subchapter 35.13.8 Buffer and Screening Requirementsof the DDC be stricken in its entirety and be replaced as follows: Landscaped buffers are required between certain abutting land use categories to mitigate or minimize potential nuisances such as noise, light, glare, dirt and litter, signs, parking or storage areas and to provide a transition between uses that may not be compatible with each other. A.Buffer Requirement 1.The buffer matrix, Table 35.13.1 outlines the requirements for buffers, and is based on the intensity/density between land use categories. The letters A, B, C, and D in Table 35.13.1 refer to specific types of buffers which are illustrated in Section 35.13.8.B. N means no buffer is required between the land use categories. When an abutting property is vacant, the land use category designation of the vacant abutting property will determine the type of buffer required on that side of the property at the time of development. 2.Buffers shall be located on the outer perimeter of a lot(s) or parcel(s) extending to the limits of the developed area of the site. They may not occupy any portion of an existing, dedicated, or reserved right-of-way or be located on public property. a.In instances where there is an easement located within a buffer area, the easement area will count as part of the buffer area requirement. No trees or shrubs are allowed within the easement. However, if the remaining buffer area outside the easement is greater than ten (10) feet, trees and shrubs are required as outlined in Table 35.13.1. b.In those instances where a perimeter fence or wall is used in conjunction with a buffer, the perimeter fence or wall shall have a minimum height of six (6) feet, shall be constructed of material permitted by Section 35.13.9.A.1, and shall be located on the inside boundary of the required buffer. 3.Vegetation planted within a required buffer shall be comprised of a combination of evergreen and deciduous plants and trees. 4.The owner of the property upon which a required buffer is located shall care for and maintain the buffer, so as to present a neat, healthy, and orderly appearance that is free of refuse and debris. Maintenance shall include the replacement of all dead plants or trees. 5.Designated tree preservation areas occupying a portion of a required buffer satisfy the planting requirement for the portion they occupy. 6.Up to forty percent (40%) of canopy tree coverage, consisting of Quality Trees located within a required buffer area, may be counted towards the minimum canopy coverage required under the tree code. Page - 2 Table 35.13.1 Abutting Uses/Buffer Requirement Land Use Categories/Classes Single-Family Residential Class 1 N B A C D All other Residential Class 2 B N A C D Agricultural/Livestock Class 3 A A N A N Commercial/Institutional Class 4 C C A N B Industrial Class 5 D D N B N B.Types of Buffers: Type A a.: A 6-foot high opaque fence constructed of material authorized in this code. Type B b.: Ten (10) foot planted strip that includes a combination of 5 evergreen and deciduous trees and 30 shrubs per 100 linear feet. Type C c.: Fifteen (15) foot planted strip that includes a combination of 6 evergreen and deciduous trees and 25 shrubs per 100 linear feet. Type D d.: Thirty (30) foot planted strip that includes a combination of 8 evergreen and deciduous trees and 20 shrubs per 100 linear feet. Note: 1.An alternative buffer may be provided with the authorization by the Director of Planning and Development or his or her designee if the proposed landscaping meets the intent of mitigating or minimizing potential nuisances, as described in the purpose statement in Section 35.13.8. Page - 3 Buffer Types (Not to scale) Type A Buffer 100 feet A 6-foot high opaque fence constructed of material authorized in this code. Type B Buffer 100 feet Ten (10) foot planted strip that includes a combination of 5 evergreen and deciduous trees and 30 shrubs per 100 linear feet. Type C Buffer 100 feet Fifteen (15) foot planted strip that includes a combination of 6 evergreen and deciduous trees and 25 shrubs per 100 linear feet. Type D Buffer 100 feet Thirty (30) foot planted strip that includes a combination of 8 evergreen and deciduous trees and 20 shrubs per 100 linear feet.  LEGEND Property Line Fence Canopy Tree Ornamental Tree Shrub Page - 4 Exceptions to Buffering Requirements. C. Buffer requirements that are internal to a development may be waived by the Director of Planning and Development or his or her designee when the affected site is: a.part of a master planned development; b.within a mixed-use development; or c.within the boundaries of the Infill Special Purpose District as described in 35.7.14. Recommendation: Staff in Subchapter 35.23.2 be stricken in its entirety and be replaced as follows: Master Planned Development : A development that comprehensively incorporates a combination of specific site design, site access, architectural, landscaping, buffering, screening and developments design standards. Recommendation: Staff recommends Subchapter 35.13.9 Fence and Screening Requirements,of the DDC be stricken in its entirety and be replaced as follows: 35.13.9 Perimeter Fences and Screening Requirements A.Perimeter Fences. Perimeter fences are not mandatory; however, when used, all perimeter fences or walls shall be constructed in compliance with applicable Code of Ordinance provisions, and are subject to the following additional requirements: Perimeter Fence Materials. 1. Perimeter fences shall be constructed of wood, wrought iron, masonry, brick, vinyl, PVC, or composite material, and shall be designed and constructed to allow proper drainage flow. The structural support members of wooden perimeter fences shall be located on the interior of the fence and shall not be visible from public view. Natural vegetative edge row is also permitted. Security Fences. 2.Barbed wire, razor wire or electrified fencesmay only be used when necessitated by an allowed agricultural or industrial use. Fence Height. 3.Fences constructed along rear and side property lines shall not exceed eight (8) feet in height. Fences that are constructed in front yards or forward of the front building line shall not exceed three and one-half (3 1/2) feet in height. Fence Location. 4. Fences shall not be located within any right-of-way, easement, designated fire lane, or within any required parking spaces. Fences shall not obstruct safe vehicular or pedestrian passage; ingresses or egresses; nor shall they obscure any visibility lines or sight visibility triangles. Setback. 5. Perimeter fences shall be setback at least ten (10) feet from the edge of right-of-way pavement or five (5) feet from sidewalks, whichever is greater. The Page - 5 measurement associated with the sidewalk shall be taken from the edge of the sidewalk that is closest to the property line or the edge of the sidewalk furthest from the centerline of the road. Clear Visibility Area. 6.A vision clearance area meeting the standards contained in the Transportation Criteria Manual shall be provided at all intersections. B.Screening. Screening is required for the following applications as specified below: Refuse Container Screen. 1. Containers for commercial solid waste and recycling service shall be screened from public view. Materials used for container enclosure construction shall be of masonry, metal, wood, vinyl, PVC, or composite material and shall be maintained in a state of good repair at all times. Refuse containers which are not visible to the public are not required to be screened. All refuse and recyclables materials shall be contained within the screened refuse and recyclables area. Mechanical Equipment Screen. 2. All mechanical equipment, including those on roof tops, shall be screened from all rights-of-way and residential uses or zoning districts. Outside Storage. 3. All outside storage shall be screened from all rights-of-way. Inoperable or Junk Vehicle. 4. Unless otherwise provided, all inoperable or junk vehicles that are stored outside an enclosed structure shall be screened from all rights-of-way. C.Exceptions to Screening Requirements. Screening requirements may be waived by the Director of Planning and Development or his or her designee if an opaque screening of equivalent height or greater exists immediately abutting, and on the opposite side of the lot line. Recommendation: Add the following definitions to Subchapter 35.23.2: Buffer: A strip of land that includes landscaping, fencing, walls, vegetated earthen berm, or any combination thereof. Fence: Avertical device used as a boundary or means of providing protection, confinement or privacy. Fence, perimeter: An enclosure used as a boundary or means of providing protection, confinement or privacy and is located along the limits of the developed area and is adjacent to an alley, or rights-of-way. Screening: A method of visually shielding or obscuring land-uses or structures via fencing, opaque buffer, or some other opaque physical barrier. Page - 6 Recommendation: Staff recommends that Sections 16--Characteristics of fencing, and 16-131 Fence may include solid walls and doors in Chapter 16 LICENSES, PERMITS AND BUSINESS REGULATION of the Denton Code of Ordinances are deleted in their entirety. PRIOR ACTION/REVIEW November 5, 2008 Planning and Zoning Commission Work Session December 10, 2008 Planning and Zoning Commission Work Session January 7, 2009 Planning and Zoning Commission Public Hearing March 3, 2009 City Council Work Session OPTIONS 1.Approve as submitted 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION On January 7, 2009, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed amendments by a 5-0 vote. EXHIBITS 1.January 7, 2009 Planning and Zoning Commission Minutes 2.Ordinance Prepared by: Respectfully submitted: Ron Menguita, AICP Mark Cunningham, AICP Planning Supervisor Director of Planning and Development Page - 7 ÛÈØ×Þ×Ì ï ÛÈØ×Þ×Ì î Table 35.13.1 Abutting Uses/Buffer Requirement Land Use Categories/Classes Single-Family Residential Class 1 N B A C D All other Residential Class 2 B N A C D Agricultural/Livestock Class 3 A A N A N Commercial/Institutional Class 4 C C A N B Industrial Class 5 D D N B N B.Types of Buffers: Type A a.: A 6-foot high opaque fence constructed of material authorized in this code. Type B b.: Ten (10) foot planted strip that includes a combination of 5 evergreen and deciduous trees and 30 shrubs per 100 linear feet. Type C c.: Fifteen (15) foot planted strip that includes a combination of 6 evergreen and deciduous trees and 25 shrubs per 100 linear feet. Type D d.: Thirty (30) foot planted strip that includes a combination of 8 evergreen and deciduous trees and 20 shrubs per 100 linear feet. Note: 1.An alternative buffer may be provided with the authorization by the Director of Planning and Development or his or her designee if the proposed landscaping meets the intent of mitigating or minimizing potential nuisances, as described in the purpose statement in Section 35.13.8. Page - 3 Buffer Types (Not to scale) Type A Buffer 100 feet A 6-foot high opaque fence constructed of material authorized in this code. Type B Buffer 100 feet Ten (10) foot planted strip that includes a combination of 5 evergreen and deciduous trees and 30 shrubs per 100 linear feet. Type C Buffer 100 feet Fifteen (15) foot planted strip that includes a combination of 6 evergreen and deciduous trees and 25 shrubs per 100 linear feet. Type D Buffer 100 feet Thirty (30) foot planted strip that includes a combination of 8 evergreen and deciduous trees and 20 shrubs per 100 linear feet.  LEGEND Property Line Fence Canopy Tree Ornamental Tree Shrub Page - 4 AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - Z08-0022 (Robson Ranch Concept Plan-Storage Facility) Hold a public hearing and consider adopting an ordinance of the city of Denton, Texas, approving a Concept Plan amendment to allow for the relocation of a storage tank facility on a property located within a Planned Development (Robson Ranch Planned Development, PD-173) zoning district, generally located east of Florence Road, east of Crawford Road, north of Robson Ranch Road and west of the Inspiration Master Planned Community development (MPC07- 0001); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (Z08-0022) The Planning and Zoning Commission recommends approval of this request (6-0). BACKGROUND The applicant (Encana, Inc., Dallas, Texas), is proposing to amend the existing approved Concept Plan for the Robson Ranch Planned Development (PD-173) to relocate one of the two approved saltwater storage tank facilities identified in Ordinance No. 2001-247 (See Exhibit 7). This proposed saltwater storage tank facility was originally approved to be located at a site west of Florence Road and is associated with gas well operations within the planned development. However, the facility was never constructed at this location. The applicant is proposing to modify the previously approved concept pan to relocate the subject facility to a site east of Crawford Road and north of Robson Ranch Road. This proposed location is more than 100 feet from any existing residential property and 300 feet from any existing public assembly area, institution, or school and is approximately 3.612 acres in size. According to the applicant, trucks utilized in the operation of the gas well development will not access the site through any platted and/or developed portions of the Robson Ranch Development. This is to reduce the impact of truck activities to the Robson Ranch residents. In addition, the applicant will install a landscaping with a wooden fence around the storage tank facility (See Exhibit 8). The majority of the site will remain pervious. Currently, there are no existing residential homes within 500 feet of the proposed location for the storage facility. However, there is an active recreation park approximately 600 feet northeast of the facility. The property to the immediate east can also potentially be developed with commercial uses which could result in the assembly of residents at the location. Notwithstanding, as a requirement of PD 173, no residential home shall be closer than 100 feet from a gas well or 300 feet for public assembly areas. Staff has incorporated a condition which will ensure that no future facility or building is located closer than 300 feet to the storage facility. As part of the overall operation of gas production within Robson Ranch, there will be pipe lines to transport gas from the gas parks to the storage facility and will be located within easements throughout the development. According to the applicant, copies of these easements will be provided to the City for review and tracking purposes. The proposed modifications to the Concept Plan conform to the regulations specified in Planned Development District No. 173. The City Building Inspections Department and Fire Department staff have reviewed the proposed Concept Plan and have determined that the proposed facility will meet established Code requirements, which includes separation distance from residential properties. On February 17, 2009, Encana Inc. organized a neighborhood meeting in Robson Ranch. The purpose of the meeting was to brief residents of the proposed development requests and the future drilling of gas within Robson Ranch. An e-mail summary of the meeting sent to staff is attached in Exhibit 9. Other than the applicant, there are no property owners within 200 feet of the proposed location of the storage tank facility. Therefore, no certified notifications were sent as required by Texas Local Government Code. However, courtesy notification letters was sent to all property owners within the Robson Ranch Planned Development. As of this writing, staff has not received any response from property owners within the Planned Development District. PRIOR ACTION/REVIEW The following is a chronology of Planned Development 173, commonly known as Robson Ranch: Application Acreage Approval Ordinance Date or Case # Concept Plan 2,725 August 3, 99-265 1999 Detailed Plan for residential and golf course uses 1,361.3 February 15, 2000-059 2000 Amended Concept Plan to allow gas well operations and to amend 2,275 July 17, 2001 2001-247 landscaping requirements Amended Concept Plan to change location of gas parks and approve a NA October 7, 2003-324 Detail Plan for 5 gas parks 2003 Minor amendment to a Detail Plan to comply with the requirement set 4.85 July 6, 2006 Z06-0028 forth in ordinance 2001-247 Detail Plan to allow for the development of two gas well parks. These two 10 November 4, 2008-285 gas wells are located on Michelle Way. 2008 OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this Concept Plan amendment subject to the following conditions: 1.The lessee of the mineral estate and its agents, employees and assigns shall not have access to or from the well sites through any developed portion of Robson Ranch Planned Development Developed portion herein shall mean any portion of Robson Ranch that is developed with a residential structure or any other facility within the PD. The applicant or operator of the gas well shall enter into a road remediation agreement for access on Robson Ranch Road as required in the Denton Development Code. 2.Prior to the construction of underground pipelines associated a gas well park, the applicant shall submit documentation to the Fire Marshal showing the location of the underground pipelines connecting to such gas well park, including flow and gathering lines and lines to the storage tank facility. The documentation shall include locational drawings and identify the line diameter sizes, materials and depth of the applicable lines located in the Robson Ranch Planned Development for such gas well park. Such lines shall comply with the applicable pipeline requirements set forth in the Denton Development Code. EXHIBITS 1.Staff Analysis 2.Location Map 3.Zoning Map 4.Future Land Use Map 5.Site Photos 6.Letter From Applicant 7.Proposed Concept Plan 8.Landscape Plan 9.Neighborhood Summary Meeting E-mailed to Staff 10.March 11,2009 Planning and Zoning Commission Minutes 11.Ordinance Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Prepared by: Nana Appiah Senior Planner EXHIBIT 1 PLANNING DEPARTMENT STAFF ANALYSIS CASE NO.: Z08-0022 DATE TO BE CONSIDERED: April 7, 2009 LOCATION: The conceptually approved storage tank facility location is east of Florence Road. The new location proposed for the storage tank facility is east of Crawford Road and north of Robson Ranch Road. APPLICANT: Encana Oil & Gas (USA), Inc. 14001 Dallas Parkway, Suite 1000 Dallas, TX 75240 OWNER: Robson Ranch Development, LP. 9666 E. Riggs Road, Suite 118 Sun Lakes, AZ 85248-7411 ZONING DISTRICT: The subject site is located within a Planned Development (PD 173) zoning district. RECCOMENDATION: The Planning and Zoning Commission recommended approval of this Concept Plan amendment (6-0) with conditions. COMPREHENSIVE Neighborhood Centers PLAN DESIGNATION: The subject site is located within the future land use designation. SITE AND The subject site is currently undeveloped. SURROUNDINGS: Land Uses: North : Planned Development (PD 173)-Undeveloped land. South : Planned Development (PD 173)-Undeveloped land. East : Planned Development (PD 173)-Dog Park. West : Denton County-Undeveloped land. BACKGROUND This request is in compliance with Section 35-152 of the Zoning INFORMATION: Ordinance of the City of Denton. The Zoning Ordinance allows an amendment of a Concept Plan with Council approval. The approved Concept Plan allows 2 storage tank facilities within the 2,275 acre Robson Ranch Planned Development. ANALYSIS: Comprehensive Plan The subject site is located within the Neighborhood Center Future Analysis: Land Use designation. The proposed Concept Plan is consistent with the Denton Plan as was applicable during the approval of PD District. Development Within PD 173, gas storage tank facilities are permitted conceptually. Code/Zoning Analysis The Concept Plan amendment utilizes the procedure set forth in Article IV of the City of Denton Ordinance, the regulation requirements in place during the approval of PD 173. Article IV of the City Ordinance provides standards by which a Concept Plan is to be evaluated. Per Section 35-152 of the zoning regulations in effect at the time the Robson Ranch Planned Development District was adopted, any amendment to a Concept Plan must be in harmony with the plan for the entire district and must be approved by the City Council. An analysis of the approval criteria is presented under Findings. DEPARTMENT AND The Development Review Committee (DRC) has reviewed the AGENCY REVIEW: request for a Concept Plan amendment for the relocation of the storage facility and provided the following relevant comments. All the DRC comments were addressed by the applicant. Water Administration: WA1. The tank farm is proposed approximately 30 feet of an existing stream buffer environmentally sensitive area (ESA) (information obtained from detailed plan submittal). Even though, Planned Development 173 is not subject to ESAs standards, staff strongly suggests keeping the limits of the proposed tank farm outside the stream buffer. The stream buffer extends 50 feet from the centerline of the channel. Add a note on the concept plan addressing the non- encroachment into the stream buffer ESA. Planning: P4.Clarify when easements will be submitted to the city as stated in the application that "require copies of the easements for the future gas pipe lines be provided to the city of Denton for tracking purposes". Fire: F1. Provide exact number of tanks and quantity of each tank to determine separation requirements from public ways (streets) and property lines. Engineering: 3. There is a proposed sanitary sewer forcemain under construction located in the vicinity of the western property line that may conflict with gas piping to serve the storage tank facility. Please contact the wastewater engineering firm for Robson Ranch, Biggs & Matthews (office located in Wichita Falls, TX) to coordinate the exact location of this forcemain. FINDINGS: Pursuant to subsection 35-176 of Article IV a General Concept Plan shall contain the following information: 1.Relation to the master plan. A general statement setting forth comprehensive plan and the degree to which it is or is not consistent with the plan. This request is an amendment to an approved Planned Development (PD 173). PD 173 is consistent with the Denton Plan and Denton Development Code. Approval of this amending Concept Plan will not alter the general concept of the PD. 2.Acreage. The total acreage within the proposed district . There is a detail plan (Z08-0023) submitted separately. This Detail Plan shows the site to be approximately 5 acres. 3.Survey. An accurate survey of the boundaries of the district. The accurate boundaries of the storage facility have been submitted with a Detail Plan application (Z08-0023). 4.Land Uses. Proposed general land uses and the acreage for each use, including open space. For residential development, the total number of units and the number of units per acre. The approximately five acre site as proposed is for a storage tank facility use only. 5.General thoroughfare layout. Proposed streets, as a minimum to arterial street level (showing collector and Local Street is optional). This request is for a storage tank facility only. Per the city of Denton Ordinance approving this PD 173, a Detail Plan with a layout of each component of the development is required before actual development can proceed. The general thoroughfare layout of the PD is shown in the approved portion of the site. There is also a Detail Plan currently being review by the DRC for the portion of the PD that is not yet developed. 6.Development standards. Development standard for each proposed land use, as follows: a.Minimum lot area. b.Minimum lot width and depth. c.Minimum front, side, and rear yard areas. d.Maximum height of buildings. e.Maximum floor to area ratios for non residential uses. Maximum parking standards for each general land f. use. This request is for a storage tank facility. The applicable development standards have been addressed in the Detail Plan (Z08-0023). No buildings are proposed as part of this request. 7.Existing Conditions. On a scale map as specified by the department, the following shall be shown for the area within and adjacent to the proposed district: a.Topographic contours of ten (10) feet or less. b.Existing streets. c.Existing 100-year floodplain, floodway and major drainage ways. d.City limits and E.T.J boundaries. e.Zoning Districts. f.Land Uses. g.Utilities, including water, wastewater, and electric line.) The requirement is demonstrated on the Robson Ranch Concept Plan. The Concept Plan meets shows these requirements. This request is to only to relocate a storage tank facility. The subject site is currently undeveloped. There is an active recreation park to the east of the site. The surroundings to the south, north and west are undeveloped. EXHIBIT 2 Location Map Legend : (ST) Storage Tank EXHIBIT 3 Zoning Map Legend : (ST) Storage Tank (PD) Planned Development District EXHIBIT 4 Future Land Use Map Neighborhood Centers Legend : (ST) Storage Tank EXHIBIT 5 Site Photos View looking west towards proposed Storage tank facility View looking South East from Dog Park EXHIBIT 6 Letter from Applicant EXHIBIT 7 Proposed Concept Plan Exhibit 8 Landscape Plan Exhibit 9 Neighborhood Meeting Summary Emailed to Staff Û¨¸·¾·¬ ïð Û¨¸·¾·¬ ïï AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - Z08-0023 (Robson Ranch Detail Plan-Gas Wells) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas approving a Detail Plan Amendment for five gas well parks and a storage tank facility within a Planned Development (Robson Ranch Planned Development, PD-173) Zoning District, generally located east of Florence Road, east of Crawford Road, north of Crawford Road, north of Robson Ranch Road, and west of the Inspiration Development (MPC07-0001); and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and an effective date. (Z08-0023) The Planning and Zoning Commission recommended approval of this request Please note, due to a notification issue, Gas Well Park H cannot be considered by the (6-0). Council at this time. The other four gas well parks are ready for Council consideration. BACKGROUND The applicant (Encana, Inc. of Dallas, Texas) has submitted a Detail Plan to construct five (5) gas well parks and an associated salt water storage tank facility on a property located within a Planned Development zoning district (Robson Ranch Planned Development, PD-173). This proposal was reviewed by city staff and was found to be in compliance with the Concept Plan approved by Council in 2001 by Ordinance 2001-247. The approved Concept Plan allows 15 to 20 gas well parks within the 2,275 acre Robson Ranch Planned Development District. However, the gas well parks are subject to Council approval of a Detail Plan. Per Ordinance 2001-247, gas well parks are a permitted within the Robson Ranch development. According to the ordinance, the site of each gas well park is required to be approximately five (5) acres and be located at least 100 feet from a residential property and 300 feet from a public assembly area, institution, or school. Staff has determined that the proposed Detail Plan meets this requirement. In addition, the gas well site plan shows detailed landscaping with a wooden fence surrounding each gas well park and the associated salt water storage tank facility (See Exhibits 9, 10, 11, 12, 13, 14 and 15). The majority of the gas well park sites will remain pervious. The applicant is not proposing any buildings on the subject sites. Each of the proposed gas well park will be served by a single ingress/egress point. According to the applicant, trucks utilized in the operation of the gas well development will not access the site through developed portions of Robson Ranch. This is to reduce the impact of truck activities on the Robson Ranch residents. The proposed gas well parks consist of well heads, tank batteries and typical gas well production equipment and they conform to all the regulations specified in the Concept Plan. City Building Inspection and Fire Department staff reviewed the proposed Detail Plan for Code compliance and have determined that proposed facility will meet the established code requirements, which includes well separation distance from residential properties. On February 17, 2009, Encana Inc. organized a neighborhood meeting at Robson Ranch. The purpose of the meeting was to brief residents on the proposed Detail Plan request and the future drilling of gas on the proposed sites. An email summary of the meeting sent to staff by Mr. John Harris of Encana Inc. is attached in Exhibit 16. Public notification information is provided in Exhibit 5 and 6 for gas well park G. As of this writing, staff has received four responses, three letters of opposition and one in support, from property owners within 200 feet of the subject site (gas well park G). PRIOR ACTION/REVIEW The following is a chronology of Planned Development 173, commonly known as Robson Ranch: Application Acreage Approval Ordinance Date Concept Plan 2,725 August 3, 99-265 1999 Detailed Plan for residential and golf course uses 1,361.3 February 15, 2000-059 2000 Amended Concept Plan to allow gas well operations and to amend 2,275 July 17, 2001 2001-247 landscaping requirements Amended Concept Plan to change location of gas parks and approve a NA October 7, 2003-324 detail plan for 5 gas parks 2003 Staff reviewed and approved a minor amendment to a Detail Plan to 4.85 July 6, 2006 Z06-0028 comply with the requirement set forth in ordinance 2001-247 Approved Detail Plan to allow for the development of two gas well 10 November 4, 2008-285 parks. These two gas wells are located on Michelle Way. 2008 The Planning and Zoning Commission approved a Detail Plan to allow 28.6 March 11, for the development of five gas well parks and a storage tank facility. 2009 OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION approval On March 11, 2009, the Planning and Zoning Commission recommended of this Detail Plan request (6-0) subject to the following conditions: 1.The lessee of the mineral estate and its agents, employees and assigns shall not have access to or from well D and E except from the northern portion of the Robson Ranch Planned Development, along the most direct path, and shall instruct all operators, service providers and delivery services to confine their access to and from the well sites, from the northern portion of the Robson Ranch Planned Development only. 2.For well sites F, G, H and the storage tank facility the lessee of the mineral estate and its agents, employees and assigns shall not have access to or from the sites through any developed portion of Robson Ranch Planned Development. Developed portion herein shall mean any portion of Robson Ranch that is developed with a residential structure or any other facility within the PD. The applicant or operator of the gas well shall enter into a road remediation agreement for access on Robson Ranch Road as required by the Denton Development Code. 3.The lessee of the mineral estate and its agents, employees and assigns shall prohibit access to or from the well sites outside the hours of 8:00 am to 5:00 pm, Monday through Friday and 11:00am to 5:00 pm, on Saturdays and Sundays, unless drilling operations are actively in progress at the particular site being accessed. 4.The lessee of the mineral estate shall install screening fence and plant the trees and shrubs as shown on the approved landscape plans within 30 days after drilling operations are complete or during the first dormant season after drilling, if approved by the City Landscape Administrator. 5.If screening or landscaping is damaged or removed during fracturing operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the landscaping. 6.The Detail Gas Well Plan as submitted and shown in exhibit 8 shall guide the development and location of gas well parks D, E, F, G, H and the storage tank facility only. EXHIBITS 1.Staff Analysis 2.Location Map 3.Zoning Map 4.Future Land Use Map 5.Notification Information for Gas Well Park G 6.Responses to Public Hearing Notice 7.Site Photos 8.Letter From Applicant 9.Proposed Gas Well Detail Plan 10.Proposed Landscape Plan for Park D 11.Proposed Landscape Plan for Park E 12.Proposed Landscape Plan for Park F 13.Proposed Landscape Plan for Park G 14.Proposed Landscape Plan for Park H 15.Proposed Landscape Plan for Storage tank facility 16.Neighborhood Summary Meeting Emailed to Staff 17.March 11, 2009 Planning and Zoning Commission Minutes 18.Ordinance Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Prepared by: Nana Appiah Senior Planner EXHIBIT 1 PLANNING DEPARTMENT STAFF ANALYSIS CASE NO.: Z08-0023 DATE TO BE CONSIDERED: April 7, 2009 LOCATION: Planned Development District (PD No.173), Robson Ranch is located west of I -35W, south of FM 2449 and north of Robson Ranch Road. APPLICANT: Encana Oil & Gas (USA), Inc. 14001 Dallas Parkway, Suite 1000 Dallas, TX 75240 OWNER: Robson Ranch Development, LP. 9666 E. Riggs Road, Suite 118 Sun Lakes, AZ 85248-7411 RECCOMENDATION: The Planning and Zoning Commission recommended approval of this Detail Plan (6-0) with conditions. Planned Development ZONING DISTRICT: The subject sites are located within a (PD 173) zoning district. COMPREHENSIVE The subject sites are located within the Neighborhood Centers PLAN DESIGNATION: future land use designation. SITE AND SURROUNDINGS: The subject sites are currently undeveloped. North: Planned Development (PD 173) Undeveloped land. South: Planned Development (PD 173) Undeveloped land. East: Agriculture Undeveloped land. West: Planned Development (PD 173) Undeveloped land/Golf Course. There is no development in close proximity to Gas Well Park E. North : Planned Development (PD 173)-Undeveloped land. South : Planned Development (PD 173)-Undeveloped land. East : Planned Development (PD 173)-Dog Park. West : Denton County-Undeveloped land. North : Planned Development (PD 173)-Undeveloped land/Golf Course. South : Planned Development (PD 173)-Undeveloped land. East : Neighborhood Residential 2(NR-2)-Undeveloped land. West : Planned Development (PD 173)-Undeveloped land/Golf Course. BACKGROUND The approved Concept Plan allows between 15 and 20 gas well parks INFORMATION: within the 2,275 acre Robson Ranch Planned Development District subject to the approval of a Detail Plan. Detail Plans for the development of six gas well parks have already been approved. ANALYSIS: Comprehensive Plan The subject sites are located within the Neighborhood Centers Future Analysis: Land Use designation. The proposed Detail Plan is consistent with the purpose and standards in the Denton Plan as was applicable during the approval of PD 173. Development The proposed Detail Plan utilizes the procedure set forth in Article IV Code/Zoning Analysis of the Denton Development Code, the requirements in place during the approval of PD 173. Article IV of the DDC provides standards by which a Detail Plan is to be evaluated. An analysis of the approval criteria is presented under Findings below. DEPARTMENT AND The Development Review Committee (DRC) has reviewed the AGENCY REVIEW: request for a Detail Plan for five gas well parks and a storage facility and provided the following relevant comments. All the DRC comments were addressed by the applicant. Water Administration: WA1. A stream buffer ESA locates approximately 30 feet east of the proposed tank farm. Even though, Planned Development 173 is not subject to ESAs standards, staff strongly suggests keeping the limits of the proposed tank farm outside the stream buffer. The stream buffer extends 50 feet from the centerline of the channel. Add a note on the detailed plan addressing the non-encroachment into the stream buffer ESA, indicate the separation distance, and show erosion and sedimentation best management practices (appropriately sized for drainage area, slope, and expected runoff velocities) along the east boundary of the tank farm. Planning: P1.Please make a note on site plan stating that landscaping shall comply with the City of Denton Development Code (DDC) and the Planned Development (PD 173) requirements. Fire: This submittal has been reviewed for compliance with the 2003 International Fire Code and City Ordinance 2006-037, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Engineering: 1. There is a proposed sanitary sewer forcemain under construction located in the vicinity of the western property line that may conflict with any piping to serve the Gas Well Park 'F' and the Storage Tank Facility. Please contact the wastewater engineering firm for Robson Ranch, Biggs & Matthews (office located in Wichita Falls, TX) to coordinate the exact location of this forcemain. 6. Per the COD GIS Map, there is existing stream buffers within Gas Parks F & H and within the Storage Tank Facility. The stream buffer is located 50' from either side of the flowline of the ditch/creek. Show the stream buffer on the plan and add the similar stream buffer note that is used for Gas Park D.) Verify if existing stream buffers do not exist within Gas Parks E, F, H, and the Storage Tank Facility. Revise Note #5 accordingly. 7. Existing water wells may be used for supplemental water supply for the Robson Ranch Development. Operator will be required to coordinate with the COD Water Dept. prior to obtaining drilling permit to ensure water availability is present in the existing water wells. 12. Although there is no FEMA floodplain within these gas parks, there is a 100-year WSL that is conveyed through these parks. City recommends that coordination with the Robson Ranch Master Drainage Study to determine the 100-year WSL based on ultimate development flows.) Show the 100-year water surface line for Gas Parks 'D','F', 'H', and Storage Tank Facility. FINDINGS: Pursuant to subsection 35-156 of Article IV a Detail Plan shall contain the following information: 1. Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor . This requirement has been met. The plan submitted shows approximately 5 acres each for gas well parks D, E, F, G and H which is in compliance with Ordinance 2001-247. 2. Land uses. Permitted uses, specified in detail as determined by the department, and the acreage for each use. This requirement has been met. The approved PD 173 allows for the development of 15 to 20 gas well parks. This proposed gas well parks are within the number of gas well parks allowed within the PD. Off-site information. Adjacent or surrounding land uses, 3. zoning, streets, drainage facilities and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities . This requirement has been met. The request is compatible with Planned Development District (PD 173). As part of the requirement of the PD, no gas well park shall be located less than 100 feet to any residential property or 300 feet to a public assembly area, institution or school. The submitted plans show that there are no existing single- family homes within 100 feet of the proposed gas wells. Traffic and transportation. The location and size of all streets, 4. alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses. This requirement has been met. No parking spaces are proposed or required. The applicant has stated that all truck activities associated with these gas well parks shall be accessed only from the undeveloped portion of the Robson Ranch. This is to reduce any adverse effect on traffic on surrounding homes. Building. The location, maximum height, and minimum 5. setbacks for all buildings, and if nonresidential, the maximum total floor area . This requirement has been met. No buildings are proposed as part of this request. 6. Residential development. The number of, location, and dimension of the lots, the minimum setbacks, the number of dwelling units, the number of units per acre (density) This requirement is not applicable to this request. The request is for only gas well parks. No buildings are proposed as part of this request. Water and drainage. The location of all creeks, ponds, lakes, 7. floodplains or other water retention or major drainage facilities and improvements . This requirement has been met. According to the applicant, the drilling of each gas well will require approximately 6,000 barrels of water over a two to three week period operations. According to the Detail Plan submitted, water to be used for drilling operations will be pumped from a temporary holding pond. 8. Utilities.The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. This regulation shall be met with the approval of the storage tank facility (Z08-0022). Also, according to the applicant, no utilities exist on the gas parks except a force main on gas park F and the storage tank facility. Tree and landscaping. The protected trees and a landscape 9. plan as required by the city's landscape ordinance. This regulation has been met. As part of this application, a landscape plan has been submitted and has been reviewed and approved by DRC staff (see Exhibits 9-13). 10. Open Space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. This requirement has been met. In accordance with Ordinance 2001- 247, the areas surrounding the gas well parks will be utilized as open space within Robson Ranch after drilling and operation is completed. 11. Screening. The location, type, and size of all fences, berm, or screening features proposed between different land uses or adjacent properties. This requirement has been met. The plan submitted shows detailed landscaping with a six- inch wooden fence around the proposed gas well parks. The proposed fence and trees will serve as screening. 12. Signs. Location, type, and size of all signs regulated by the city's sign ordinance. This requirement shall be met with a different application. It is a requirement of the DDC that the applicant submit a separate sign application for review by the Building Division. The applicant will also be required to comply with Subchapter 22 regarding onsite requirements. Sidewalks and bike paths. Sidewalks or other improved ways 13. for pedestrian or bicycle use. This request is for only gas well parks. The DRC shall review for sidewalks and bike paths, if required, with the Robson Ranch Detail Development Plan. Currently, the gas well site plan submitted shows sidewalks on the northern portion of gas well park D along an unnamed street. This portion of the PD is yet to be constructed. EXHIBIT 2 Location Map Legend : (ST) Storage Tank (D, E, F, G and H)-Gas Well Parks EXHIBIT 3 Zoning Map Legend : (ST) Storage Tank (D, E, F, G and H) -Gas Well Parks (PD)- Planned Development EXHIBIT 4 Future Land Use Map Rural Areas Neighborhood Center Legend : (ST) Storage Tank (D, E, F, G and H-Gas Well Parks EXHIBIT 5 Notification Information for Gas Well Park G Public Notification Date 9/29/08 ices* sent via Certified Mail: 3 otices sent via Regular Mail: Number In Opposition 3 In Favor 1 Neutral0 EXHIBIT 6 Responses to Public Hearing Notice P1a1ll1II7g t~ Zoning C'onlmisslOll {Clty o~ Denton) Planning B~ Development Department ?? 1 N. Elm Street Denton, TX 76201 Re. Notice of Public Hearing Detail Plan (Z08-0023) I am writing to express my apposition to the proposed development of Iive gas wells and a storage tank facility for Robson Ranch Planned Development, PD-173 consisting of a minimum 25 acres, and who knows how many hundreds of acres of unused acreage adjoining these gas wells. I am deeply concerned about tl~e long-term, Negative impacts of "aggressive drilling campaign.'" With individual homeowners, the sit<Iation is more complicated, Property rights in Texas are split between surface owners, who can build a house on the land, and mineral owners, who have rights to oil or gas discovered underneath. Because few people thought there was much oil and gas near Fort Worth, mineral and surface rights used to be neatly transferred from owner to owner. It now comes where the property owners have grown unwilling to part with their mineral rights, even ifthey sell the home. Without mineral rights, land owners sitting on millions of dollars in natural gas are not entitled to a dime. It is my understanding that Texas regulations, a Barnett Shale well -and it associated drills and pipes -must run at least 330 feet away from any unleased property, A question comes to my mind why only homes 20(} feet were advised of this upcoming plan. Homes within several miles should be advised of such zone changes, and have an opportunity to voice their opinion. Was the commission incompliance with notifying the appropriate number of homeowners? Will the Planning & honing Commission provide a list to the residents of Robson Ranch of what homeowners were provided Courtesy Notice and legal Notice of Public Hearing? Drilling has na dace in residential neighborhoods. The Robson Developlnel~t Company presented the property aligned to our property as commercial. Residents would be expecting grocerylretail stores to accommodate current and future homeowners. Energy companies, for their part, are spending time wooing suburban communities and planning drilling routes that avoid golf courses; however, they have no conscience to affect residential homes. Interesting enough, during our home buying process, the fact that we had to relinquish mineral rights was not brought to our attention until the day of closing (after we made extensive monetary investments and selling our previous home). My conclusion is ~haf this whole mess is due to greed' [fthe Robson Development Company knowingly in advance and intended to lease these gas wells to compensate their profit & Ions due to the slow housing market, I would see a potential class action suit. I did not buy our home to be in the Gil & Gas business. I did not buy a home to leave my health, or life put at risk. I did not purchase a home knowing that such was even a possibility where a new home is encroached with gas we11 noise, smells, rig drilling, and arrogant attitudes from gas companies that have no respect for others. As a Commission, you should be making sure that citizens are safe alld our rights are protected; alld not succurllb to ()11 & CJas companies and Certain develapmellt Company's greed. The Commission solicited reasons far "opposltloll"; however, limited space an the fornl does not provide a citizen to fillly address the issues, The fallowing are issues that must be considered by the Planning & Zoning Commission: SAFETY -Many critics fear that gas poses a danger to people nearby, and observers say residents often grew #rustrated if they feel the regulatory systems in place are not looking out for their interests, The issue goes beyond the unsightliness and industrial nature of drilling that brings traffic and noise to residential neighborhoods, The bigger concerns involve pipelines and safety. These Companies are granted the power to use eminent domain to put pipelines anywhere they want, and a resident could have ahigh-pressure pipeline running under their bedroom. Pipelines have became a major source of Cansternatlon In ether Camnlullltres as well. Sarre research disclosed a great concern; depending on Certain factors, the RRC allowed for asix-month to three-year window for pipeline gas leaks to be repaired, ECtJL~GY -Previous developments disclosed erections ofpad sites redirected the flow of rainwater through the area to residents' yards and homes. The site generates too much noise and raises public safety concerns. In the daylight, the storage tank looks innocuous, but studies showed that infrared light, a plume of vapor Can be seen escaping from the tank's vent. The study by the Environmental Protection Agency indicates a vivid illustration of a problem that's beginning to draw attention; the amount of air pollution produced by natural gas extraction in the Barnett Shale #ie1cl. Researchers are only beginning to wrap their hands around the issue, but the early findings indicates that natural gas production is a siglli#icant part of North Texas' air pollution problem Viand it Could be growing}. Planning & Zoning Commission should defer a final decision until studies determine the scope of all the problellls, There have been extensive research on emissions #'ram Cars and trucks;.. however, the oil and gas sector kind of shuck by. A study by the Texas Commission on Enviromnental Quality in 2UD{ estimated that storage tanks alone account for about 3$ tans of volatile organic calrrpounds a day. These chemicals are a key ingredient in ground-level ozone, the area's major pollution problem. The storage tanks are a permanent part of most Barnett Shale gas wells. Tl~e wells produce rat only gas but also water and. a light form of crude oil canlmonly known as condensate. The tanks continue to fill up as long as the well is producing, and the water and condensate have to be trucked away. The condensate, high in volatile organic compounds, evaporates easily. The environmental quality commission requires operators to get a permit for each tank, but the tanks can still release vapor through pressure valves. It is known that Barnett Shale wells produce a lot of condensate in Denton, Parker, and Wise counties. Another source of pollution is the Compressors used to move natural gas through pipelines. The compressors are usually powered by large engines -often running on natural gas from the same pipeline -and same of them have no emission controls. It is estimated that the Compressors in the Barnett Shale field Dave a combined 2 million and our rights are protected; and not succumb to Dil & Gas companies and certain development company's greed. The Commission solicited reasons for "opposition"; however, limited space on the form does not provide a citizen to fully address the issues. The following are issues that must be considered by the Planning & Zoning Commission; SAFETY ®Many critics fear that gas poses a danger to people nearby, and observers say residents often grow frustrated if they feel the regulatory systems in place are not looking out for their interests, The issue goes beyond. the unsightliness and industrial nature of drilling that brings traitic and noise to residential neighborhoods. The bigger concerns involve pipelines and safety. rl,hese companies are granted the power to use eminent domain to put pipelines anywhere they want, and a resident could have ahigh-pressure pipeline running under their bedroom. Pipelines have become a major source of consternation in other communities as well. Some research disclosed a great concern; depending on certain factors, the RRC allowed for asix-month to three-year window far pipeline gas leaks to be repaired. ECOLaGY -Previous developments disclosed erections of pad sites redirected the I~ow of rainwater through the area to residents' yards and homes. The site generates too much noise and raises public safety concerns. In the daylight, the storage tank looks innocuous, but studies showed that infrared light, a plume of vapor can be seen escaping. from the tank's vent. The study by the Environmental Protection Agency indicates a vivid illustration of a problem that's beginning to draw attention; the amount ofair pollution produced by natural gas extraction in the Barnett Shale field. Researchers are only beginning to wrap their hands around the issue, but the early findings indicates that natural gas. production is a significant part of 1~Iorth Texas' air pollution problem hand it could be growing}. Planning & Zoning Commission should defer a final decision until studies determine the scope of all the problems. There have been extensive research an emissions from cars and trucks; however, the oil and gas sector kind of snuck by. A study by the Texas Commission on Environmental Quality in ZoQ+~ estimated that storage tanks alone account for about 3~ tons of volatile organic compounds a day. Thane chemicals are a key ingredient in ground-level ozone, the area's major pollution problem. The storage tanks are a permanent part of most Barnett Shale gas wells. The wells produce not only gas but also water and a light farm of crude oil commonly known as condensate. The tanks continue to fill up as long as the well is producing, and the water and condensate have to be trucked away. The condensate, hlgh in volatile organic compounds, evaporates easily. The environmental quality commission requires operators to get a permit for each tank, but the tanks can still release vapor through pressure valves. It is known that Barnett Shale wells produce a lot of condensate in Denton, Parker, and Wise counties. Another source of pollution is the compressors used to move natural gas through pipelines. The compressors are usually powered by large engines -~-often run~~ing on natural gas from the same pipeline -and some afthem have no emission controls. It is estimated that the compressors in the Barnett Shale field have a combined 2 million horsepower. That`s the equivalent of about 1x,000 full-size pickup engines - in a region with 4.5 million people, And unlike cars and trucks these en Ines are out there runnin 2~-7! It is believed that the state may be underestimating the number of compressors in the Barnett Shale. Methane, the pril~~ary ingredient in fhe natural gas, is also one of the gases linked to global warming. Scientists theorize that methane, carbon dioxide and other gases have formed a layer around the l~arth's atmosphere that traps heat and has contributed to the rise in wand temperatures. The EPA lists natural gas systems - from production to distribution - as the second-leading cause of methane emission and has started a voluntary (?} program to encourage producers to reduce what they release. It's cora~mon for instance, far producers to simply release the gas into the atmosphere when they're completing a well.. From an air pollution standpoint, the problem has been that the oil and gas industry consists of many, many small resources that are individually small yet. collectively add up to large sources of air pollution. A study by University of ~`olorado public-health doctors concluded. that more research is needed on how the industry affects the health ofpeople inenergy-producing regions. Studies have found unsafe levels of benzene and other chemicals linked to cancer and it's not clear how prevalent the chemical levels are. It's not clear whether the chemicals are coming from the wells themselves or from the increased truck traffic, or from other sources. All the causes should be investigated.. This should be another reason to decline approval of the Detail Plan (SOS-0023}, NUISANCI -When we purchased our home two years ago, we didn't realize that our quiet patch of suburbia could be invaded by drilling. A droning metallic whine - tl~e sound of the machinery chewing through rock -will. be heard at all hours. The company can drill whenever they want! In ether sites, it has created headaches for property owners who get all the noise, erasion., water contamination and none of the profits. PROPERTY VALUE - It is a na brainer that the property value far the homes aligned to the gas wells will be significantly reduced. Industrial zoning has na place ad,~oining residential property, Having the reduced value of the propertyy, how many people would you. envision that would want to buy a home with. a gas well nearby that pays no royalties? In the future, whenever our Name is put on the market for sale,l'm concerned that there will be a great monetary loss for us andlor if the house would sell at all. A burden, an ordinary citizen cannot bear! ZONING COMMITTEE - We need the Commission to determine that a study for the city environmental impact an gas drilling is beneficial to homeowners in residential areas. Allowing an industrial zoning next to community planned development is preposterous. residents need protection on eminent domain. A question. for each member of the Commission...if ou were in our shoes. w~you want a pipeline run thrau h our and ar have these oil and as wells next to our roe `? Citizens don't want their environment poisoned and want protection Pram the city and state. The development of these gas wells is going to destroy the peace and quiet of our neighborhood and destroy our land. You have to think about what this does to our ecology Years from now. I'm opposed to heavy truck traffic close to our residence where we go to escape tl~e noise and traffic of everyday life. Protect. our neighbarhaads and protect our quality ol` life. Put a halt to drilling leases near the Robson ranch Develop~i~ent for the protection of all citizens in our community. We were given less than a week to prepare for this opportunity, which may not really have given the residents sufficient time to prepare for apposition. What is the landowner's position regarding Detail Plan (~(~~-00?~}? Inappropriate zone changes will certainly initiate a class action suit where the mineral rights owner should be required to reclaim. the homes adjoining these gas wells by purchasing; the existing Names. Will water ponds be constructed in addition to drilling towers? This will also add to ecology issues. Sincerely, .~ ob & Jo 131 i zzard 9G 17 Lindenwood Trail Denton, T~ 7h207 March 7, ?~09 Hand delivered: March H, 2~U9 G~~s Well I'~~rks ~f T~ ~F ~F~f~N, T~X~$ CITY HALF 1NEST ~ aENT~N, TEXAS 1fi201 ~ 940.349.841 i ~F) 940.349.7107 20~Q' P&Z Nofr~ce ~. ~~ City of Denton Planning and Development Planning and Zoning Committee Cite Hall West ZZ1 N Elm St Denton, Texas 76~OI Robson Ranch Denton Development, LLC. and I would like to express our support of the EnCana Conceptual Plan Z08~OO~z and EnCana Detailed Plan Z08~4~~~3 as submitted by the applicant, We, Robson Ranch Denton Development, LI~C, are the largest land owner of any property within X00 feet of any gas park and or Storage Facility. Thank you for your time and consideration. ~- ~ ~° Brian T 6oylan 11P Robson Ranch From: Main Use U~3IOg1~0~9 1D:~~ 1#413 R. Q~1~001 NOTICE OF PUBLIC HEARING Detail Plan (208.0023) TI~e Planning and Zoning Corntnission of the City of Denton will hold a public hearing on Wednesday, March 11, Z(Hlq and consider making a recommendation to the City Council regarding a Detailed Plan to allow fvr the development of five gas wells and a storage tank facility an a property located within a Planned Development {Babson Ranch Planned Development, PD-173} zoning district, The f ve gas wells are approximately f ve acres each. The first ,has well park ~`D'} is located northeast of Ed Babson boulevard wifi~ frontage along the eastern. property line of the Robson Ranch development, The second gas well park (E} is located north of Robson Ranch Crossing road and east of Florence road. The Hurd gas well park {F} is located north of Robson Ranch Road and east of Crawford Road. The fourth and fifth gas well parks (G and H} are located north of Robson Ranch Road and east of Ed Babson Boulevard. The storage took is located east ofCrawford road and north of Robson Ranch mad The public bearing will start at 6:3U p.rn. in the City Council Chambers of City Fall located at 215 E. Mc~inney Street, ;Denton, Texas. Because you own properly within two hundred (~~~) feet of the subject property, the Planning and Zoning C'rimmissior~ would like tv hear haw you fee! about thrs request and irwites you to attend the public hearing. Please, in order far your opinion to be taken into account, return this form with your comments poor to the date of the public hearing. (This is no way prohibits you from attending ar~d participatr'rZg in the public hearing.} You may fax it to the number located at the bottom ar mail it to the address below ar dmp it off in person: Flanning and Develapmen# Department 22l N• Elm ST Dentatr, Texas 76201 Attn: Nana Appiah, Project Manager These farms are used to calculate the percentage of laedawnere that support and oppose the request. The Cornnnsszan is mfartned of the percent of responses io support and in apposition. Please circle One: Gas Parks. (D}, ~E}, (F},~~H}, f Taak~ (h~ fewer of req~,est corral to r nest f N ~ } used to reques Reasons for Uppasition: . ~ ~,rV ~.~~ ~~ ~ ~~~~ ,~ / ,j~~ 5~~+ ~ ~ a ~ Signature: ~- ~ ~ ~c:~~ 4 S r Printed N e: ~f~~ ~~ ~' o~~ c ~~.5 ~[~ Mailing. Address: d ~ ~ ~,rt~'Z~,~=~'~~ L Clty, State Zlp. d~ ~X ~ ~ ~ ~ ., Telephone Number: ~ `~ ~ ~ ~ 2~,~ ~- ~~ % p Physical Address of Property within 20U feet: ~~' r`N',A~"A/W Qp1~ '1"~'~ ~~~ ~~ DEIIITQIV, ~'~~~ CtTY HALL (NEST • DENT(~N, TEXAS 7ti201 •940.349.6541 ^ F 940. . 1 _ (l X49 7 Ol 2~' PBZ~ Notrce NOTICE OF PUBLIC HEARING Detail Plan (Z08-0023) The Planning and Zoning Cam~~issian of the City of Dcntan will held a public hearing on Wednesday, Nlarch 11, 20~~} and consider making a recommendation to the City Council regarding a I~ctailed Plan to allow far the development of five gas wells and a storage tank facility on a property located within a Planned Development (Babson Ranch Planned Development, PD-173) zoning district. The five gas wells are approximately five acres each. Tllc first gas well park (`D') is located northeast of Ed Robson Boulevard with frontage along the eastern property line of the Robson Ranch development. The second gas well park (I/} is located north of Rabsan Ranch Crossing road and east of l+larence road.. The third. gas well park (F) is located north of Robson Ranch Road and. east of Crawford Road. The fourth and fifth gas we11 parks ~G and H) are located north of Robson Ranch Read and east of Ed Robson Boulevard. Tl~e storage tank is located east of Crawford road and north of Rabsan Ranch road The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at ~ 1 ~ E. lVli cKinney Street, Denton, Texas. Becarrse ~~oir r~1i~r~ pr•operhg ~t~tlaitr tta~o Ittmdrecl (?ODD feet of the szrbject pr•operflj, the Plcrirtrirlg arrd Zani~ra C~mmr"ssi~ri ~Aorrld like to Jtear• l~o~~,ti~oar-feel c~batrt this reclrrest marl invites vote to trtterrd the parblic lreaa~ir~g. Please, in order for your opinion to be taken into account, return this farm with your comments prior to the date of the public hearing. (This irr too -~~ay p1•olzl~rts Moir fr•~n~ attenr~i~~g at~c1 participatr'r~~ i1~ t1~e parblrr lzedr•i~a~.} You may fax it to the number located at the bottom or mail it to the address below ar drop it off in-person: Planning and Development Department Z? 1 N. Elm ST Denton, Texas 7b2fl I Attn: Nana Appiah, Project lVlanager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in apposition, Please circle one. Gas Parks: (D), (E), ~F}, (hI), (Tank} (In favor of request) (Neutral to request) (Opposed to request) R asons for Apposition: s ~~ ~~~ Signature: Printed Name: ~ wiling Address: ~~~.~ +~ ~ L°tl U~oa~ __ /~~!~/ City, State Zip: ~~i'L~ ,~~ r~.~ ~~v o~~ ~ Telephone Number: ~~~ ~ t~ ~~~'~'~ Physical Address of Property within X00 feet: ~/~~,~ ~ f ,~Ll~yt~/,~~p,~ ~~''~'' ~~T~ ~~ flF~f~N, ~~~ias CITY HALL WEST • DENTaN, TEXAS 16~2D~ ~ 940.349.8541 ~ (F) 940.349.177 2~0' P8Z Notice Planning & honing Commission (City of Denton) Planning & Development Department ZZ1 N. Elm Street Denton, TX 7601 RE. Native of Public Hearing Detail Plan ~ZaB-(1a23) This letter is to express my opposition to the proposed development of the gas wells and storage tank far Robson Ranch (Planned development, PD-173). There are multiple reasons why 1 appose this rezoning request but I will try to keep this to a minimum: False representation by Robson Ranch Development at the time of my purchase. The back of my home faces the Feld that two proposed wells are to be located. At time of purchase 1 was assured that this field was for Commercial use only and no time would there be any wells in that area. At the time of my closing in November of 200 I was required to sign off my mineral rights. Being new to Texas I inquired as to the purpose of this form. I had been in Texas for two years and had all ready bought a prior house but was not required to sign this type of form. I~Iy loan officer told me that this was just a requirement in this area of Texas and not to worry, no wells would be placed anywhere in this area. that is owned by Robson Development. Peing that I had already sold my previous home and had given Robson $Z2,50a.00 innon-refundable monies 1 signed the form, ~. Depreciation in value of my home is a major concern for me. I am a single woman who invested in this name far my retirement future, The loss of value in this home will cause me a significantchange in myretirement plans as well as a life style change in the years far which I have been preparing all of my adult life. At this paint I do t have enough working years left in which to recover this lass. 3. Passible health issues due to the vapors and exhaust that is released by wells being sa close to my home. Rabsan Ranch is an Active Adult Community, the age of it's residents being between 6[} to 90 years old. This is a time in our lives when we become mare susceptible to disease and breathing problems. Does anyone knave what these wells might do to the health of the residents living so close to the wells? 4. Environmental issues for the green belt that lies between our homes and the proposed wells. will the drilling destroy the enviranment that everyone is fighting sa hard to preserve? Has there been a study dens an this issue that can be reviewed by the homeowners and the commission? In closing 1 would urge you to please reconsider the location of these wells and storage tank, we have been miss-lead by Dobson Development Pram day one when we purchased our Names, Please da net let them destroy what value we have left Far our lives and our hc~znes. Sincerely Rosemary Jea Spence 9b13 Lindenwaod Trail. Denton, TX 76ZQ7 EXHIBIT 7 Site Photos V and Storage tank Vi View looking showing unconstructed portion of Ed Robson to Gas Park D EXHIBIT 8 Letter from Applicant EXHIBIT 9 Proposed Gas Well Detail Plan Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Landscape Plan for Storage Facility Exhibit 16 Neighborhood Meeting Summary Emailed to Staff EXHIBIT 2 Location Map Legend : (ST) Storage Tank (D, E, F, G and H)-Gas Well Parks EXHIBIT 3 Zoning Map Legend: (ST) Storage Tank (D, E, F, G and H) -Gas Well Parks (PD)- Planned Development EXHIBIT 4 Future Land Use Map Rural Areas Neighborhood Center Legend: (ST) Storage Tank (D, E, F, G and H-Gas Well Parks EXHIBIT 5 Notification Information for Gas Well Park G Public Notification Date 9/29/08 ices* sent via Certified Mail: 3 otices sent via Regular Mail: Number In Opposition 3 In Favor 1 Neutral0 EXHIBIT 6 Responses to Public Hearing Notice EXHIBIT 7 Site Photos V and Storage tank Vi View looking showing unconstructed portion of Ed Robson to Gas Park D EXHIBIT 8 Letter from Applicant EXHIBIT 9 Proposed Gas Well Detail Plan Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Landscape Plan for Storage Facility Exhibit 16 Neighborhood Meeting Summary Emailed to Staff ÛÈØ×Þ×Ì ïé ÛÈØ×Þ×Ì ïè AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: Planning ACM: Fred Greene ______________________________________________________________________________ SUBJECT 1708 W. Oak Street Consider an appeal of the denial of a Certificate of Appropriateness by the Historic Landmark Commission for the replacement of windows at 1708 W. Oak Street. The site is located within a Neighborhood Residential (NR-3) zoning district as well as the West Oak Area Historic District. On February 9, 2009, the Historic Landmark Commission denied the request (5-1). Subsection 35.7.6.8.D.4 of the Denton Development Code (DDC) sets forth the standard procedures for certificate of appropriateness review. More specifically, this section states that certificate of appropriateness has been denied, the applicant may appeal the decision in writing to the City Council by filing a written notice with the City Secretary within ten (10) days BACKGROUND Applicant: Robert Perches Denton, TX The aluminum windows in question were installed prior to the submittal of the application for a certificate of appropriateness. Mr. Perches stated that he did not know that the property was located within a historic district. The applicant also did not apply for a building permit to install the windows. Mr. Perches has stated that he did not receive notification of either the Planning and Zoning Commission public hearing or the City Council public hearing during which the creation of the district was considered and adopted. Staff has verified that the public hearing notifications were sent to the previous property owner. Mr. Perches applied for a certificate of appropriateness on January 25, 2009 after receiving a Stop Work order from the City. The application was for six (6) windows located in the front of the house that were replaced with aluminum windows. The new windows do not comply with Subsection 35.7.13.5.L.8 of the DDC which states trimmed The house was constructed in 1914. The Commission determined that the new windows do not comply with Subsection 35.7.13.5.L.8 as the original windows were fifteen over one, true divided light windows with wooden frames and the new windows are six over one, external divided light windows with aluminum frames (Exhibit 4). in question with windows that match the type that were removed. PRIOR ACTION/REVIEW February 9, 2009 The Historic Landmark Commission denied a certificate of appropriateness request for the installation of aluminum windows at this location with a vote of 5-1. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. EXHIBITS 1.Location Map 2.Zoning Map 3.Letter From Applicant 4.Photos of House 5.February 9, 2009 Historic Landmark Commission Meeting Minutes Prepared by: _______________________________ Cindy Jackson, AICP Planning Supervisor Respectfully submitted: ___________________________ Mark Cunningham, AICP Planning and Development Director EXHIBIT 1 LOCATION MAP EXHIBIT 2 ZONING MAP EXHIBIT 3 LETTER FROM APPLICANT PHOTOS OF HOUSE EXHIBIT 4 iir~rri i' ~ ~~ I ~ - ~~,~ rte' .._ ~~.-~ K~:,. _ a EXHIBIT 5 MEETING MINUTES MINUTES Historic Landmark Commission February 9, 2009 The Historic Landmark Commission of the City of Denton held its regular meeting on Monday, February 9, 2009 at 5:30 p.m., in the City Council Work Session Room, located at 215 E. McKinney Street, Denton, Texas, 76201 at which the following items were considered: PRESENT: Diana Hatch, Peggy Capps, Donna Morris, Craig Thomas and Karen DeVinney. David Wright arrived late. ABSENT: Emily Gibson, Steve Ambuehl STAFF MEMBERS: Cindy Jackson, Planning Supervisor, Jennifer Bellar, Administrative Assistant III, Gordon Meredith, Residential Construction Specialist, Kurt Hansen, Building Official and Julie Glover, Economic Development Program Administrator. 1.Call to order The meeting was called to order at 5:33 PM. 2.Receive information, hold a discussion and take action on a Certificate of Appropriateness for 1708 W. Oak Street (remove and replace broken windows). Jackson stated that this is a request to remove and replace broken windows at 1708 W. Oak, however, the work has already been completed. Staff feels that the aluminum windows that were used as replacements are not appropriate on any side of the house visible to the street, but could be allowed on the back. Applicant Robert Perches came forward. Perches stated that buying and remodeling homes is a side business of his. This house was purchased in 2006 and remodeling work has been ongoing since that time. Perches stated he was unaware that the home is now in a historic district. The home has 52 windows and more than half of those windows had to be replaced because the weights or frames were disintegrated. DeVinney asked Perches if he was intending on leaving the old windows in place with the new aluminum ones that do not match. Perches stated that he purchased the closest resemblance to the windows that were already there. Perches continued he would also like to paint the rest of the windows to make it as close of a match as possible. DeVinney questioned if Perches could not find 15 pane windows to match. Perches stated those were not available where he went. Morris stated she was in the same situation, but went to other homes that were being torn down and salvaged the windows. Perches stated there were some windows that he could salvage. Capps apologized to Perches for not receiving notice that the house was located within a historic district and that every owner in that district was sent certified mail by the Planning and Zoning Commission and the City Council to advise them of the district when it was created. Capps continued that the home is still being held to the guidelines of the ordinance that created that historic district. Capps stated that there are provisions in the Denton Development Code involving the exterior of homes in historic district and changes that are made that are visible from the street. In Subchapter 7 there is a provision as far as windows. There have been many requests before this Commission to replace windows with less quality material, such as vinyl and aluminum. All of those requests have been denied. Perches stated if he would have known the home was in a historic district to begin with, he would have made the alterations differently. Capps stated that several members of the Commission could provide names of companies who can scrape and reglaze old windows. Capps also stated that most of the Commission members reside in historical districts and keep to the same guidelines. Perches stated that since the stop work order was received he drove around the neighborhood and stated that several homes have aluminum or vinyl windows. Capps responded that the district was created after those windows were in place. Capps stated that the decision of the Commission is based upon guidelines outlined in the Denton Development Code. Capps questioned how many windows Perches had replaced so far. Capps stated it appears that 5 have been replaced that are visible to the street. Perches stated that 2 in the front have been replaced, but if the windows on the side are being counted, a total of 6 have been replaced. Wright questioned the cost of the replacement windows. Perches stated it was around $130 per window. Wright stated that 15 over 1 windows are hard to find, but questioned if Perches had looked around. Perches stated he did not because at the time he was unaware of the requirements. Wright questioned when the work began on the house and when the windows were replaced. Perches stated he bought the house in 2006 and work has been ongoing, but the windows were probably replaced last summer. Capps stated that the Commission must abide by the ordinance. Wright stated there is a possibility that the work was done before the home was in a historic district. Perches stated that the windows were done one at a time. Capps stated that according to the guidelines anything replaced should be typical of the style and period of what was there. Capps opened the floor for a motion. DeVinney requested clarification if the denial of this request would require the applicant to remove the new windows and replace them with ones of the correct style. Capps stated that Perches installed windows that do not resemble the originals, nor do they meet the guidelines. He is asking for a Certificate of Appropriateness to undo the work that has already been done and the Commissions charge is to require that the applicant do 15 over 1 windows on the front façade. Wright questioned if this was obtainable. Morris stated that is why she questioned if any rear windows could be brought to the front. Perches responded that the windows are of different sizes. Capps stated that the Commission is concerned with the windows that do not match and questioned if the windows on the side were 9 over 1, as they appeared to be narrower and also questioned if there were any photographs indicating the original window style of the home. Capps stated that the Commission can not approve the work that has already been done and that the applicant should replace the 6 windows. Hatch requested if some guidance could be given besides not aluminum or vinyl and questioned if any other material besides wood would be allowed. Capps stated that aluminum windows have been allowed in the historic district, however, they must be true divided light. Wright questioned if external divided light would be accessory buildings, but not the front façade. Wright questioned if Purchase applied for and was granted a permit to install the windows. Perches stated he did not. Wright stated if Perches would have applied for the permits he would have been told that the house was going to be in a historic district, or was in a historic district if applied after the district was created. Hatch moved to deny the Certificate of Appropriateness because the windows do not comply with City Ordinances. Perches questioned the creation of the historic district on June 17th stating he has been working on the house on and off for 3 years and this is his first notice of the house being located in a historic district. Capps stated she did not know why Perches did not receive the notices. Hatch questioned Capps if the motion should include clarification on vinyl or wood clad windows as acceptable replacements. Capps stated that there are companies who can make or repair the old wood windows. Hatch clarified motion and moved to deny the Certificate of Appropriateness and direct the applicant to use alternate windows to the ones that were used in the project by replacing them with windows that fall within the parameters of the Ordinance, either vinyl or wood, or conserve the old windows on the street façade of the house. Morris seconded. Hatch stated that while she empathizes with the applicant in the cost of the windows, the Commission must insist that the house be corrected. Motion approved 5-1 with a negative vote from Wright. AGENDA INFORMATION SHEET AGENDA DATE: April 7, 2009 DEPARTMENT: City Manager’s Office CM: George Campbell, City Manager SUBJECT Consider nominations/appointments to the City’s Boards and Commissions. BACKGROUND The following boards/commissions require nominations: Human Services Advisory Committee – Vanessa Sims has resigned. This is a nomination for Council Member Heggins. Planning and Zoning Commission – Gloria Anderson is no longer serving on the Commission. This is a nomination for Council Member Heggins. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\City Secretary\Boards & Comm\Agenda Info Sheet for Vacancies 3-3-09.doc