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HomeMy WebLinkAboutApril 21, 2009 Agenda AGENDA CITY OF DENTON CITY COUNCIL April 21, 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 21, 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 21, 2009. 2. Receive a report, hold a discussion and give staff direction regarding over 65 tax exemptions. 3. Receive a briefing, hold a discussion and give staff direction on the proposed amendments to Subchapters 5 and 23 of the Denton Development Code (DDC} regarding Wrecker Services and Impound Lots. The DDC currently does not permit Wrecker Services or Impound Lots in any of the City's zoning districts, nor is the use defined in Subchapter 23 "Definitions." This is a staff initiated Code amendment. ~DCA08-0010) The Planning and Zoning Commission recommends approval (6-0). 4. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapter 23 of the Denton Development Code (DDC) regarding definitions of "City Engineer" and "Church". 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. Deliberations regarding Certain Public Power Utilities: Competitive Matters - UnderTexas Government Code Section 551.086. 1. Receive a status report and discuss the Power Purchase Agreement for Firm Energy and Associated Renewable Energy by and between the City, as Purchaser and NextEra Power Marketing, LLC. as Seller. This matter is a Public Power competitive and financial matter. B. 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. Receive a report and hold 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 City of Denton City Council Agenda April 21, 2009 Page 2 regarding the construction of needed infrastructure in the industrially zoned area along Airport Road, west of Interstate 35 in support of Project ~ in. C. Deliberations regarding Personnel Matters -Under Texas Government Code Section 551.074. 1. Consider the appointment and duties of one appointee to the Planning and Zoning Commission. D. Consultation with Attorneys -Under Texas Government Code, Section 551.071. 1. Receive a briefing from City's attorneys and hold a discussion, pursuant to Section 551.071 of the Texas Government Code, of legal issues associated with a proposed amendment to Subchapter 23 of the Denton Development Code (DDC}regarding definition of "Church". 2. 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 before the 158th 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. E. 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. City of Denton City Council Agenda April 21, 2009 Page 3 F. 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. Receive a report and hold 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 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. Regular Meeting of the City of Denton City Council on Tuesday, April 21, 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 3. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - R}. This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A - R below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. City of Denton City Council Agenda April 21, 2009 Page 4 A. Consider approval of a resolution allowing Pro-Fest, Inc. to be the sole participant allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival April 24- 26, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). B. Consider approval of a resolution allowing Miguelito's Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 2, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (6-0). C. Consider a request for an exception to the Noise ordinance for the purpose of the Singing Oaks Church of Christ Community Festival to be held on Sunday, June 7, 2009, from 4:00 p.m. to 9:00 p.m. The event will be held in the church parking lot located at 101 Cardinal Drive. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. D. Consider adoption of an ordinance of the City of Denton, Texas repealing ordinance No. 2006-291 and authorizing Assignment Pay for Fire Department employees in the classifications of Deputy Fire Chief, Battalion Chiefs who perform the specialized duties of Training Chief, Emergency Medical Services Chief and Resource Management Chief, Captain-Logistics /Maintenance Gf~cer, Captain-Training Officer, Fire Marshal, Assistant Fire Marshal, Fire Protection Engineer Associate, Fire Inspector Specialist, Emergency Management Program Manager and Fire Recruitment Management Analyst who are assigned to perform assigned functions on a forty-hour work week in the Fire Department and providing an effective date. E. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Texas Woman's University to pay for services rendered by the Police and Fire personnel during the TWU Triathlon; providing for the expenditure of funds; and providing for an effective date. ($700) F. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Juneteenth Committee for supplemental funding for Juneteenth; providing for the expenditure of funds; and providing for an effective date. ($1,250) G. Consider approval of tax refunds for the following property taxes: m R n Tax Am n Na a easo ou t Year 1. Beebe Gerbosi Inv DCAD Supplemental Change 2006 $1,389.40 2. Beebe Gerbosi Inv DCAD Supplemental Change 2005 $1,141.18 3. Beebe Gerbosi Inv DCAD Supplemental Change 2003 $1,228.48 City of Denton City Council Agenda April 21, 2009 Page 5 Name Reason Tax Amount Year 4. Golden Corral DCAD Supplemental Change 2006 $ 563.50 5. First Bank and Trust DCAD Supplemental Change 2006 $ 676.64 H. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Virginia Hamilton from the Downtown Incentive Reimbursement Grant Program not to exceed $10,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (6-1 I. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of landscaping and sod replacement services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4258-Annual Contract for Landscaping/Sod Replacement Services awarded to Grey Construction in the annual estimated amount of $110,000). J. Consider adoption of an ordinance awarding a contract under the Buy Board program for the purchase of two bucket trucks with aerial devices; providing for the expenditure of funds therefor; and providing an effective date (File 4300- Bucket Truck with Aerial Device awarded to Southwest International, Inc. in the amount of $206,684.10}. The Public Utilities Board recommends approval (5-0}. K. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of GE JMUX Multiplexer for the Denton Municipal Electric Communications Division from General Electric Company which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4284-Purchase of GE JMUX Multiplexer for Denton Municipal Electric in the amount of $65,458.50}. The Public Utilities Board recommends approval (5-0). L. Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving a first extension to the agreement by and between the City of Denton, Texas and Denton 288, L.P. for the provision of sanitary sewer and water facilities entered into by the parties on the 5th day of June, 2007; providing the City Manager with authority to perform said first extension and to expend funds as necessary; providing an effective date. The Public Utilities Board recommends approval (4-0}. M. Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement in the Amount of $182,787 by and between the City of Denton and the University of Texas at Arlington for athree-year term to provide for landfill field testing at the City of Denton Landfill, research faculty and graduate student support for baseline and periodic ongoing studies on several parameters of the Denton Landfill that are associated with the biodegradation of City of Denton City Council Agenda April 21, 2009 Page 6 its organic components; authorizing the City Manager or his designee to execute said agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date. The Public Utilities Board recommends approval (4-0). N. Consider adoption of an ordinance approving the City Manager to execute a bond counsel agreement between the City of Denton and McCall Parkhurst & Horton, LLP, approving the expenditure of funds; and providing for an effective date. Consider adoption of 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 $2,000 for violations thereof; providing for severability; repealing all ordinances in conflict therewith; and providing for an effective date. P. Consider adoption of an ordinance approving a lease agreement by and between the City of Denton, Texas, as Lessor and Tetra Point Fuel, L.L.C., as lessee regarding a tract of real property, being approximately 3.5 acres owned by the City of Denton, situated in the G. Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas; providing for a term of ten years regarding the ethanol production and processing plant of lessee; authorizing the City Manager to perform the applicable duties and the expenditure of funds therefor; declaring an effective date. The Public Utilities Board recommends approval (5-0). Q. Consider approval of a resolution re-appointing Timothy S. Fisher as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The Public Utilities Board recommends approval (5-0). R. Consider adoption of an ordinance approving the adoption of an amendment to that Development Agreement between the City of Denton and Allegiance Hillview, LP dated June 17, 2008; and providing an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the temporary use provisions of Subchapter 12 of the Denton Development Code, including the addition of temporary storage containers and other portable storage units, occasional sales, and farmers markets as temporary uses in Subchapter 12; amending Subchapter 23 of the Denton Development Code to provide definitions for temporary uses, temporary storage containers and other portable storage units, Christmas tree and pumpkin sales, field or construction office, special events and occasional sales; repealing the definition of "occasional Sales" from Section 35.76, "Definitions and explanations" 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. (DCA08-0008) The Planning and Zoning Commission recommends approval (6-0). City of Denton City Council Agenda April 21, 2009 Page 7 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change of approximately 0.847 acres of land 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. The subject site is located on the northeast corner of Bonnie Brae and Panhandle Street. (209- 0001) The Planning and Zoning Commission recommends approval (6-1). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Ta_ -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 recommends approval (3-0). (Tabled from March 3, 2009) B. Ta_ -Consider adoption of an ordinance approving a detail plan amendment for one gas well park 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. (Gas Well Park G) (Tabled from April 7, 2009) C. Consider adoption of an ordinance of the City of Denton, Texas, providing for limited exemptions of certain homesteads; providing for a severability clause; and providing an effective date. D. Provide a status report and provide staff with further direction regarding the Purchase Power Agreement for Firm Energy and Associated Renewable Energy by and between the City as Purchaser and NextEra Power Marketing, LLC. as Seller. E. Consider nominations/appointments to the City's Boards and Commissions: 1. Planning and Zoning Commission F. 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.) Nell Yeldell regarding discrimination against minority owners of rent homes in southeast Denton and metering at the residences at 514 Prairie/509 Maddox. c.) Amy Manuel regarding issues in District 3 including the need for a traffic light at Nicosia and North Elm and outside inspection of lease property. City of Denton City Council Agenda April 21, 2009 Page 8 G. 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. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 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 21, 2009 DEPARTMENT: Finance . ACM. Jon Fortune ~~`r SUBJECT Receive a report, hold a discussion, and give staff direction regarding fiver 65 Property Tax Exemptions. BACKGROUND The purpose of this work session item is to discuss the possibility of increasing the Over 65 Property Tax Exemption for the City of Denton. During our Work Session on April 14th, staff presented information concerning the wer 65 Property Tax Exemption in the context of our preliminary five year financial forecast. Following this discussion, the City Council requested that staff provide financial plan scenarios that incorporate various increases to the over 65 exemption amount. with this is mind, staff is providing three wer 65 Property Tax Exemption options in the attached PowerPoint presentation. The following options are being provided for your consideration: • option A -Increases the Over 65 Property Tax Exemption amount from $25,000 to $40,000 in FY 2009-10 and from $40,000 to $55,000 in FY 2010-11. In other words, the over 65 exemption is increased from the current amount of $25,000 to $55,000 within two fiscal years. • option B -Increases the Over 65 Property Tax Exemption amount from $25,000 to $35,000 in FY 2009-10, from $35,000 to $45,000 in FY 2010-11, and from $45,000 to $55,000 in FY 2011-12. In other words, the over 65 exemption is increased from the current amount of $25,000 to $55,000 within three fiscal years. • option C -Increases the Over 65 Property Tax Exemption amount from $25,000 to $30,000 in FY 2009-10, from $30,000 to $35,000 in FY 2010-11, from $35,000 to $40,000 in FY 2011-12, from $40,000 to $45,000 in FY 2012-13, and from $45,000 to $50,000 in FY 2013-14. In other words, the over 65 exemption is increased from the current amount of $25,000 to $50,000 within eve fiscal years. Agenda Information Sheet April 21, 2009 Page 2 As discussed with the City Council on April 14th, any change in the Over 65 Property Tax Exemption must be approved with an ordinance by July 1, 2009, in order to be effective for FY 2009-10. Since our final 2009 certified appraised values will not be known at this time, staff recommended that the City Council delay increasing the exemption until these figures are finalized. However, if the Council wishes to increase the exemption amount at this time, staff recommends Option C presented above. An action item is included on the April 21St City Council Agenda to increase the exemption amount. Also, on April 14th, the Council requested that staff research whether Over 65 Property Tax Exemptions can be based on financial need. Our City Attorney has indicated that the law does not permit such an exemption. The exemption can only be based on age according the state statute. In addition, Council asked for information regarding how property taxes are assessed and paid on common areas in the Robson Ranch development. Robson Ranch has several facilities that are designated as common areas, including the Clubhouse, Arts and Crafts Building, and Information Center. Staff has confirmed with the Denton Central Appraisal District that these common areas are registered to Robson Denton Development, LP, and are subject to taxes on real and personal property. Staff has been unable to confirm whether the taxes for the common areas are recovered through fees to members of the Homeowner's Association. However, we will continue to research, and we will provide the Council with any additional information that we may have during our meeting. I look forward to discussing this information in detail with you. If you have any questions, or need additional information, please let me know. EXHIBITS PowerPoint presentation Respectfully Submitted By: ~ , f 1` Bryan Langley Director of Finance N Z H 0 Z H W ~V c O x V..~ U T } ~ V s Q~ ~ O O w ~ N N O ~ N N ~ ~L Q O V  I I I N ~ •N 0 Q ~ Q W O ~ O N = ~ _ O/~ Q ~ ~ Q i ~ j 'i N Q N ~ ~ w O Q w ~ X ~ o X ~ ~ ~ o ~ ~ ~ ° ~ a~ ~ ~ a~ ~ ~ ~ ~ ~ a~ ~ o ~ ~ o ~ a a ~ ~ a ~ ~ i `n o ~ a `n ~ a~ ~O } 3 ~O ~ ~ ~ ~ ~ a ~ O O 0 ~ ~ } ~ O ~ ~ N N ~ ~ ~ ~ 3 a ~ x N N ~ ~ U N } ~ L i' ~ ~ N ~ ~ ~ ~ d ~ ~ ❑ ❑ ❑ ❑  0 ~ i ~ ~ ~ s O ~ ~ ~ .gyp N ~ ~ ~ s O ~ ~ ~ ~ ~ ~ o ~ a~i } ~ > N ~ ~ ~ ~ O i~ N O N ~ ~L O O y Q ~ o ~r ~n Q ~ ~ ~ N E ~ ~ ~ ~ } O O t/1 ~ ~N c ~ ~ c ~ ~ ~ ~ o o 0 0 N ~ ~ } 0 ~ a~ ~ a~ Q Q /1 N ~ } ~ X fA N C X ~ ~ ~ t ~ Y } L O v ~ L ~ 3 Q o ~ > ~ a~ o > ~ O O~ p' Y N O W ~ ~ a s ~ ~ ~ ~M ~ a a~i } X V S N ~ } ~ V ZS ~ ~ ~ V T ~ X ~ c ~ p N c a ~ - ~ ~ ~3 ~ Q m o ~ U ~ o _ > ~Q N L o0 0 O a~ Q cv o~ ~ x ~ ~ O a~ o O ~ O ° ~ O ~ O ~ ~ ~ V ❑ ❑ A  m M M 00 N ~0 ~ o 0 ~ I~ I~ ~ N ~ N ~ ~ ~ ~ ~ 0~ ~ ~ O • 0 ~ ~ ~ ' N ~ I~ ~ 00 ~ 00 O • o 0 ~ ~ N O N ~ ~ 0~ ~ ~ O ~ ~ ~ N ~ L ~ o ~o ~ o ~ ~ . o 0 ~ ~ ~ N I~ ~ ~ 0~ ~ 0~ 0~ i ~ ~ } ~ N O ~ J ~ 4~ 0 s • o 0 ~ ~ ~ ~ ~ N M ~ 0~ ~ ~ ~ N s O N W 0 ~ o 0 ~ o 0 0~ o ~ ~ N ~0 ~ N O 00 ~ I ~ ~ N ~ O a N _ ~ ~ ~ ~ 00 N ~ ~ ~ ~ N ~0 ~ ~ ~ N 00 00 N ~ ~ } ~ ~ N N ~ 0 a~ s > Q a~ o ~ y ~ ~ O ~C s y a~ ~ ~ ~ ~ ~ V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ } ~ ~ o ~ o ~ ~ ~ ~ ~ ~ ~ LL ~ ~ ~ ~ ~ ~ ~ V ~ ~ H ~ V ~ ~ V V pp ~ ~ ~ ~ ~ N a ~ _ ~ ~ ~ ~ } ~ 41 - ~ ~ o i 41 ~ ~ ~ ~ ~ ~ V ~ u ~ ~ ~ ~ ~ ~ ~ ~ ~ 41 ~ 41 0 = ~ ~ ~ ~ ~ ~ ~ ~ ~ M M N ~ lL II I ~ II I M II I M II L  0 lw v ~ I ~ M O 00 N ~0 ~ Q ~ ~ I~ p• ~ CV ~ N ~ ~ 0 ~ o~ ~ ~ O Z - ~ N ~ ~ ~ 00 ~ 00 O o 0 ~ O O ~ ~ 0~ ~ N O N E O ~ N N L ~ ~ ~ O o 0 p ~ O ~ ~ 0~ ~ N I~ ~ ~ ~0 ~ O 0` ~ ~ ' ~ N ~ 0 J ~ ~ N 0 r IL ~ ~ ~ ~0 O ~ O o 0 ~ p: . 00 Q~ ~ N M ~ ~ ~ ~ ~ `0 00 0 ~ 0, ~ ~ ~ ~ N 0 ~ ~ 0 0 4~ ~ 0 0 ~ w O O ~ 0~ O ~ ~ `0 ~ N O M ~ L N ~ ~ ~ N L ~ ~ ~ > o ~0~ o N ~ 00 N ~ ~ ~ 0 ~ 41 ~ . cn ~ N 00 00 N ~ ~ ~ ~ ~ N ~ ~ 41 ~ . 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O ~ o 0 ~ L 00 •Q ~ N M ~ 0~ ~ ~ ~ oo ~ ~ ~ 0~ ~ ~ ~ ~ ~ i ~ ~ ~ N 0 v 0 O 4~ ~ ^ 0 0 w O O O 0~ O~ ~ ~ ~ N 00 O ~ 0~ ~ N N ~ ~ N L L ~ ~ ~ ~ ~ ~0~ o N ~ 00 N 0 0 cn ~ N 00 00 N ~ ~ ~ ~ ~ N N N 41 L L ~ ~ ~ ~ 0 . • O ~ m O ~ O ~ = a~ ~ ~ .o ~ ~ ~ y ~ ~ ~ ~ ~ ~ ~ W ~ ~ s y ~ ~ ~ ' ~ ~ ~ ~ ~ u ~ L ~ ~ ~ ~ ~ O ~ ~ ~ ~ o ~ o ~ O ~ ~ a~ ~ Gi = ~ ~ ~ ~ - ~ ~ V ~ ~ ~ H ~ V ~ ~ V V ~ ~ ~ ~ ~ ~ ~ W N a = ~ ~ ~ ~ } ~ m _ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ V ~ 4~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ m m ~ w Z w m w m ~ ~  ~ ~ ~ O M 00 N ~0 ~ Q ~ ~ ~ o ~ ~ ~ ~ N ~ N ~ ~ o~ ~ ~ O Z ,0 O ~ i - N - ~ O ~ o0 0o O ~ O o 0 O 0~ O ~ ~ O ~ ~ ~ ~ ~ ~ N ~ ~ L ~ ~ o 0 ~ ~ o~ ~ ~ o~ ~ O ~ ~ ~ ~ ~ N 0 J r ~ ~ ~ ~0 O ~ O o 0 0 O } N 00 M ~ N M~ ~ ~ ~ I~ 00 ~ ~ 0~ ~ ~ ~ i ~ ~ N O a~ ~ ~ w N~ ~o 0 0 ~ o o ~ o; o ~ LL ~ o ~ ~ N ~0 N O •0 ~ 0 N 00 ~ ~ 0~ ~ L ~ ~ ~ ~ N ~ 41 M ~ ~ ~ 0 ~ 0 O L N ~ ~ N V ~ ~ ~ ~ ~0 ~ ~ ~ N 00 00 N ~ ~ ~ N ~ i N N L 0 ~ ~ ~ ~ ~ ~ ~ 0 . • Q ~ O ~ O ~ = a~ O ~ .o ~ ~ ~ ~ w ~ ~ s y ~ ~ ~ ~ u ~ ~ ~ ~ u ~ L ~ ~ ~ ~ ~ O ~ ~ ~ ~ o ~ o ~ O ~ ~ a~ ~ Gi = ~ ~ ~ ~ - ~ ~ V ~ ~ ~ H ~ V ~ ~ V V ~ ~ ~ ~ ~ ~ ~ W N a = ~ ~ ~ ~ } ~ m _ O ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ V ~ 4~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ m m ~ w Z w m w m ~ ~  ~ ~ ~ N } ~ ~ ~ ~ ~ ~ ~ .v ~ ~ ~ s ~ - ~ ~ y N V y ~ _ ~ ~ ~ ~ ~ ~ 0 > 0` O S ~ ~ Q'~ p a ~ ~ ~ N N O X X N •L} w U ~ a~ N~ Q s ~ ~ ~ ~ O ~ ~ O ~ } ~ ~ ~p 41 E ~ O ~ ~ ~ ~ a ~ a~o~ ° x~ ~p ~ ~ O ~ V ~ ~ ~ ~ ~ vNi V^, ~ ~ a } ~ ~ y ~ ~v, s W N 1 O s~ ~N ~ N r} ~ V O V ~ ~ ~ ~ ~3 T ~ } ~ ~ _ U - ~ ~ ~ V T ~ > ~ ~ O a V 'L ~ N ~ ~ T.~ ~ ~ ~ ~ O Q a ~ Q~ O~~ s ~ Q~~ Q V ~ Q ~n lL ~ ~ 0 ~ ~ Q ~ ❑ ❑ ❑  r AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT DCA08-0010 (Wrecker Services and Impound Lots) Receive a briefing, hold a discussion and give staff direction on the proposed amendments to Subchapters 5 and 23 of the Denton Development Code (DDC) regarding Wrecker Services and Impound Lots. The DDC currently does not permit Wrecker Services or Impound Lots in any of the City's zoning districts, nor is the use defined in Subchapter 23 "Definitions." This is a staff initiated Code amendment. (DCA08-0010) 0n March 11, 2009, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed amendments (6-0). BACKGROUND Prior to 2006, Police-Initiated vehicle impounds went to the City of Denton Service Center. It was determined by staff that the Service Center lacked sufficient space, security and the storage of cars presented potential environmental issues. As a result, in June 2006, City Council adopted ordinance 2006-174 which amended the provisions of Chapter 23 of the Code of ordinances replacing the content of Article IV titled "Police-Initiated Towing Services" in its entirety. The new Article IV states "tow service shall transport the vehicle to and store the vehicles in a Texas Department of Transportation licensed vehicle storage facility located within the City of Denton." In addition, all licensed vehicle storage facilities must comply with the provisions of the Texas Administrative Code regarding Vehicle Storage Facilities. Issue: The DDC currently does not allow Wrecker Services and Impound Lots as land uses in Subchapter 5 "Zoning Districts" nor is it defined in Subchapter 23 "Definitions." Summary: The proposed Code amendment specifies the zoning district classifications most appropriate to accommodate Wrecker Services and Impound Lots and provides a definition of this use. Recommendation: Staff recommends the following amendments to Subchapters 3 5.5 and 3 5.23 ■ Revise Subchapter 35.5 land use tables to permit "Wrecker Services and Impound Lots" within the Employment Center Commercial (EC-C) and Employment Center Industrial (EC-I) zoning districts with an SUP and limitation L(29). In addition, permit "Wrecker Page -1 Services and Impound Lots" within the Industrial Center Employment (IC-E) and the Industrial Center General (IC-G) zoning districts with a limitation L(29). L(29) =Wrecker Services and Impound Lots must comply with the following provisions: 1. The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2. Lot Screening: All stored vehicles shall be opaquely screened from all rights-of way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lot activities are not allowed within undeveloped floodplain, water related habitat, or riparian buffer environmentally sensitive areas (ESA). 4. Best management practices addressing storm water quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (iSWM) manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. ■ Add the following definition for Wrecker Services and Impound Lots to Subchapter 35.23. Wrecker Services and Impound Lots: A business that provides wrecker or towing service to vehicles that are stored at a state licensed vehicle storage facility. A licensed vehicle storage facility is a garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking ten (10) or more vehicles per year. PRIOR ACTION/REVIEW December 10, 2008 Planning and Zoning Commission Work Session January 7, 2009 Planning and Zoning Commission Work Session February 18, 2009 Planning and Zoning Commission Work Session March 11, 2009 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 Page - 2 RECOMMENDATION 0n March 11, 2009, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed amendments by a 6-0 vote. EXHIBITS 1. Proposed Amendments to Subchapter 5 2. March 11, 2009 Planning and Zoning Commission Minutes Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Prepared by: Ron Menguita ,AICP Planning Supervisor Page - 3 EXHIBIT 1 Subchapter 5 . Development Code Printing 1 Publishing N N Bakeries N L(21) Manufacture of Non-odoriferous Foods N N Feed Lots SUP N Food Processing N N Light Manufacturing N SUP / L(24) Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries P P Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels L(14) L(14) Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =Limited as defined in Section 35.5.8 5-3 Subchapter 5 . Development Code ~ ~ ' ~ ~ , ~ Printing 1 Publishing N N N N N N N Bakeries N N N N N N L(21) Manufacture of Non-odoriferous Foods N N N N N N N Feed Lots N N N N N N N Food Processing N N N N N N N Light Manufacturing N N N N N N N Heavy Manufacturing N N N N N N N Wholesale Sales N N N N N N N Wholesale Nurseries N N N N N N N Distribution Center N N N N N N N Wholesale Storage and Distribution N N N N N N N Self-service Storage N N N N N N N Construction Materials Sales N N N N N N N Junk Yards and Auto Wrecking N N N N N N N Wrecker Services and Impound Lots N N N N N N N Kennels L(37) L(37) N N N N N Veterinary Clinics L(14) L(14) N N N N P Sanitary Landfills, Commercial N N N N N N N Incinerators, Transfer Stations Gas Wells L(27) L(27) SUP SUP SUP SUP SUP L(27) L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =Limited as defined in Section 35.5.8 5-8 Subchapter 5 . Development Code ~ ~ - 1' 1' 1 1 Printing 1 Publishing N N N P Bakeries N N L(21) P Manufacture of Non-odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N N Heavy Manufacturing N N N N Wholesale Sales N N N SUPT L(36) Wholesale Nurseries N N N SUPT L(36) Distribution Center N N N N Wholesale Storage and Distribution N N N N Self-service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics N SUP L(26) P Sanitary Landfills, Commercial N N N N Incinerators, Transfer Stations Gas Wells SUP SUP SUP SUP L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =Limited as defined in Section 35.5.8 5-14 Subchapter 5 . Development Code Printing 1 Publishing P L(25) Bakeries P L(25) Manufacture of Non-odoriferous Foods N L(25) Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots N N Kennels N N Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells SUP SUP L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =Limited as defined in Section 35.5.8 5-19 Subchapter 5 . Development Code ~ ~ ' ~ ~ , Printing 1 Publishing N N N N Bakeries N N L(21) P Manufacture of Non-odoriferous Foods N N N N Feed Lots N N N N Food Processing N N N N Light Manufacturing N N N L(23) Heavy Manufacturing N N N N Wholesale Sales N N N N Wholesale Nurseries N N N N Distribution Center N N N N Wholesale Storage and Distribution N N N N Self-service Storage N N N N Construction Materials Sales N N N N Junk Yards and Auto Wrecking N N N N Wrecker Services and Impound Lots N N N N Kennels N N N N Veterinary Clinics SUP SUP L(14) P Sanitary Landfills, Commercial N N N N Incinerators, Transfer Stations Gas Wells SUP SUP L(27) L(27) L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =Limited as defined in Section 35.5.8 5-24 Subchapter 5 . Development Code Printing 1 Publishing P P Bakeries P P Manufacture of Non-odoriferous Foods P P Feed Lots N N Food Processing N N Light Manufacturing P P Heavy Manufacturing N N Wholesale Sales P P Wholesale Nurseries N L(32) Distribution Center N P Wholesale Storage and Distribution N L(34) Self-service Storage P P Construction Materials Sales N P Junk Yards and Auto Wrecking N N Wrecker Services and Impound Lots SUP SUP L(29) L(29) Kennels P P Veterinary Clinics P P Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =Limited as defined in Section 35.5.8 5-29 Subchapter 5 . Development Code Printing 1 Publishing L(25) L(25) Bakeries L(25) P Manufacture of Non-odoriferous Foods L(25) P Feed Lots N N Food Processing N P Light Manufacturing P P Heavy Manufacturing N SUP Wholesale Sales P P Wholesale Nurseries P P Distribution Center SUP P Wholesale Storage and Distribution P P Self-service Storage P P Construction Materials Sales P P Junk Yards and Auto Wrecking N SUP Wrecker Services and Impound Lots L(29) L(29) Kennels N N Veterinary Clinics N N Sanitary Landfills, Commercial N SUP Incinerators, Transfer Stations Gas Wells L(27) L(27) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) =Limited as defined in Section 35.5.8 5-34 Subchapter 5 . Development Code 35.5.8 Limitations The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) =Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(2) = For infill lots, the front setback shall be an average of the adjacent lots. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) =Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of aMixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(5) =Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(6) =Permitted only on 2~d story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(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(8) =Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of anon-plastic material, non-interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 5-37 Subchapter 5 . Development Code 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) =All restrictions of L(8), but limited to no more than 15 guest units. L(10) =All restrictions of L(8), but limited to no more than 5 guest units. L(11) =Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(12) _ L(13) =Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) =Uses are limited to no more than 10,000 square feet of gross floor area. L(15) =Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16) =Uses are limited to no more than 1,500 square feet of gross floor area per lot. L(17) =Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(18) =Uses are permitted only in association with Gas Stations and are limited to no more than 5,000 square feet of gross floor area except adjacent to I-35 then uses are limited to 10,000 square feet of gross floor area. L(19) =Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20) =Permitted, but outdoor storage of autos prohibited. L(21) =Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(22) =Uses are permitted only in association with Gas Stations and are limited to no more than 25 seats except adjacent to I-35 then the number of seats is limited to 50. L(23) =Light manufacturing of products sold on site permitted, area of manufacture not to exceed 5,000 square feet. L(24) =Light manufacturing of products sold on site permitted, area of manufacture not to exceed 1,500 square feet. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(26) =Uses are limited to no more than 2,500 square feet of gross floor area per lot. L(27) =Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(28) =Use allowed as part of consolidated parking plan. L(29) _ ~ti'recker Services and Impound Lots must comply- with the following provisions: 1. The subject lot shell comply- with the pro~~isions of the Texas Adnunistrati~re Code, regarding ~~elucle Storage F~~acilities. Lot Screei~lg: ~ll storea ~~ehicles shall be opaquely- screened from all rights-of-wad- and residential uses and zoning districts. 5-38 Subchapter 5 . Development Code 3. Parking and ~~ehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplalil, water-related habitat, and riparian buffer environmentally- sensitive areas (ES Kest management practices addressing storm water quality must be iillplemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm «'ater Management (iS«'~l) manual, as published b~- the ~~orth Central Texas Council of Governments, or sinular practices consistent with low impact de~relopment (LID) approaches. L(30) =Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least 15% of the floor space of the residential use along any avenue, collector, or arterial street, othenise these uses are not required. L (31) =Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least 25% of the floor space of the residential use along any avenue, collector, or arterial street, othenise these uses are not required. L (32) =Not allowed to locate adjacent to an arterial and within 1,000 feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public open space. L (33) = l~dditional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. L (34) =Permitted with no more than 150,000 gross square feet and 8 truck docks. 1-11 docks or loading bays shall be to the rear or side of the structure and not viewable from the street. The buffering standards for outdoor storage shall apply, both to any outdoor storage activity and to the loading docks. L (35) _ L (36) =Permitted when combined with retail sales. L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. natural buffer strip is required adjacent to any residential use. L (38) =1Vlust meet the requirements of Section 35.12.9. L (39) _ L (40) =Limited to a maximum 12 units per acre. 5-39 1~S ~.i~7 ~ CHAIRMAN WATKIN~; Public Tearing 4C, 1 provides wrecker ar towing service to vehicles that are ~ Ar~endn~ents to Subchapters 5 ar~d 23 of the Denton z stored at a tate~licensed vehicie storage facility. ~ Develop~ner►t Code regarding Wrecker Services and Impound 3 The licensed vehicle storage facility is defined as a 4 Lots ~DCAO~-ODI.~} Wrecker Services and Impound lots. 4 facility that is a garage parking lot or other facility ~ Ron, it's your turn. 5 awned and operated by a person other than a governmental 6 MR, MENCUITA: Thank you, Chair, members of ~ entity far storing ar parking ten or mare vehicles per 7 the Commission. This is a Develapmer~t Code amendment. 7 year. This de~nitian actually can came from the State 8 Request to amend Subchapter 5 and ~3 of the Denton 8 Administrative Cade, ~ Development Cade regarding Wrecker Service and impound 9 That concludes trey presentation. I'd be Lots. This is astaff-initiated Development Code ~p ~tappy to answer any questions that you may have. amendment to address the issue that we don't have any t~ C~iAIRMAN WATKINS; I don't see anyone else iz land use in our Subchapter ~ to allow Vllrecker Services 1~ in the audience. ~3 and Impound lots. Currer~ly, we also do not have a 13 MIS. CUNNINGHAM: i'rre gat a question. 14 definition for Vlfrecker Service and Impound Lots. Could you go back to the slide either the one ~5 So what staff is proposing is to add more. Right. Okay. Where it says screening it says, i~ Wrecker Service and Impound Lots to Subchapter 5 within 1~ all vehicles shall be screened from all rights-off way 17 the ECC and ECI Zanir~g Districts with an SUP, Specific 17 and residential uses and zoning district I understand 18 Use Per~rrit, as well as Limitation z9~ And I'll go ~8 exactly what you mean, but dust to eliminate any future i9 further in what the 1.ir~itatian ~9~ i. ~9 ambiguity, could we say any residential uses and 2a In addition to these two coning districts, 20 residential zoning districts? staff is also proposing that the Impound Lots and 21 MR. M~NGUITA: Dkay~. 2~ Wrecker Service be included as a use in the ICE and ICG MR. CUNNTNGHAiwI: I think that's whatrs 23 zoning District with the Limitation of 2g. The reason z3 intended I don't want to get in the future where it z~ why we selected these set of zoning districts is with says it's screened from any zoning district if that's, ~s the ECC ar~d ECI i our Employment District areas. The z5 indeed, what you're intending to say. 1oG 1~8 i ICE and ICO is an Industrial honing Districts. And we MR. MENGUITA: That's my intentions, ~ felt that this would be the proper or appropriate ~ MR. CUNNINCHAM: That's just same 3 locafions for these types of uses ar this type of use. 3 housekeeping. Appreciate it. 4 The Limitation L~9 refers to the compliance ~ MR. MENCUITA: Thank you. S to State Cede, Texas Administrative Cade to be specific. ~ CHATRMAN WATICINS; Yes? ~ This is in regards to storage vehicles and storage G COMMISSIONER ~ACLE~'0~1; And, ac;tue€Ily, 7 facility. They license these facilities in regards to 7 Mr. Chairman, that was going to be a paint that I had, S bufl"eCS, screening, lighting, and signage. 8 too, because, far example, there are carne that are 9 Ire addition, we are also put a limitation 9 probably -R I can think of a couple that a€~e in, like, a =~D that all storage vehicles that are stored at these DCG, which they're not allowed in. but they're not ~i facilities tie screened from all right-ot-ways, as well going to be required thane requirements want apply, t~ as residential uses and zoning districts. MR. MENCUITA: Ida Those that are 13 We're also adding a set of other currently in place will not be effected by limitations. This is in regards locations within ~4 COMMISSIONER I;AGLET(~N: Right. 1~ flood undeveloped floodplain, water-related habitats, is MR. MEN~UITA; this proposal. 1b riparian buffer, environment sensitive areas, and also ~.G COMMISSIONER EAGLETON: Right. 17 tv provide a provision ar limitation that the subject 37 CHAIRMAN WATICINS: Thank you. Any other sites comply with the best management practices in ~.S questions? Discussion i9 relationshsp to parking areas in regards to integrated 19 MR. DRAiCi=: It probably would be goad to 2~ storm water management. basically, it's to have these zp state for recoil that the Commission has been briefed on sites as environmental~friendly as passible with the zf this in Work Session on at least two di€ferent occasions additions to these last two provisions, ~z previously, 23 And, lastly, staff proposing that vie add z3 CHAIRMAN 1NATICINS: Very r~elL That has Z4 the definition of Vlfrecker service and Impound Lots. And 2~ happened. 2~ I'll qo ahead and read this briefly. A business that 25 And we will open the public hearing. And P~ANNiN~ AND ZQNfNO COMISS~ON MA~CE~ 11.209 Paae 9 ~5 tc~ 1 DS n~ ~ ~ ~  . . • - _ r.: cl::... r ~ as I see ~n ore ire tl~e audience, we'li dose public 1 ~ hearir~~. Ar~yvne have a rnatiar~? ~ 3 ~~I~ISIQitiIER ~A~Ef~N~ ~Ir. Cl~airman~ I'd ~ ~ like to mace ~ mati~n for approval with the canditians 4 5 stated, G COMMISI~N~it Ii~NG: second. 6 i CI~AIi~+IAN IIIIA'fiCIl~~: ,And a second here. Mote 7 ~ os~ the board, please. fix ~ zero ire favor of the ~ 9 motion. g f~ ~p 11 ~ 1~ 1~ 1~ 14 15 15 i . 16 16 ~ ~ 17 ~,7 ~,8 18 19 19 2Q ~p ~1 22 ~ 23 ~ 25 1 1 ~ ~ 7 3 3 4 ~ 5 ~ ~ 7 8 8 9 9 18 10 11 1~ A~ 1~ f~ 13 ~4 i~ 15 iG 16 17 17 1$ iS 19 ig 21~ 2D ~1 ~2 23 ~3 24 P#.ANiVING ANA ZONING CDM~Ir~N MARCH ~ 1.2a~9 Paa~ ~ ~9 to ~ 1 ~ of ~ 1 ~  , .k . ~:I~~r ~ocume~ntslordir~a~nce~1~91~ca0~-~~~1 ais and exh~bits.doc AGENDA IN~~RATI~N ~~~T AGENDA DATA: April 2~a9 DEPART~NT; Planning A1VI: Crreene, ~94~~ 349-354 UBJET ~A~9~D0~.~ Definition of "City Engineer" and "Church}~} deceive a report, bold a discussion, and give staff direction cancerning proposed amendments to subchapter ~ of the Denton Development Code ~DDC}regarding definitions of "City Engineer" and "Church". BAR~UND The twa definitians under consideration are proposed to address #echnici issues that have recently been identified in the Denton Development Code. The first proposal, tv add definltian for "City Engineer" to Chapter 23 of the Denton Development Cade, is being proposed by the City tanager' ~fhce ~ order to create fle~~b1l~ty 1n addressing development rev~e~v issues, and to effectuate the feedbacl~ received at the last point meeting of the City Council and Manning and honing Co~n~nission, The second am.endrrient, the revision ~ of the definition of "Church", is being proposed by the Legal Department, P~I~I~ ATI~NIREVIE'w April S, ~~~9 Manning anal honing Comznissian ~U'ork session . ~PTIDN ~ . 1. Direct staff to rnave forward with definitions as presented. 2. Direct staff to alter definitions. EXHIBIT . 1. Planning and ~vning Commission orb session in~utes, Apri18, ~0~9 Proposed Defin~tlon of C1ty Eng.eer 3. proposed Changes to the Definition of Church respect ~ . . ty City Attorne PLANNING AND ~~NIN ~1VIZ~~N R ~~N MINU'TL, AFL 8, ~40~ i P R ~ C ~ ~ D F N ~ 5 x don't we stark In open session. And if it looks like ~ ~ClRA7A[~ ~IATKI#~S, CCJ~Il~1LI4NF~kS ~CNAAi(E, ~ something we need to 9# into close ~ ~ I7J Jet 3 LYRE, ~4GL.~OIV, i~II~G~ TIi~MA~E 3~RRY CIE, ~ yon kw. . 4 AJrlq MARK CIiNiIIFHGI~#Ai+~ PRESENT.} a MR. NI~INGIIAM: . lli~e ~a lure a ~ (Mork Session begins at x:42 p.rr~.} ~ del~ni~cm Cry lr~er, ad:ually, genes out oiF ~ q~iAI1~1AN ~ifATi41~~: may. f~dles arrd i; ~e City Manager's office. And if you lc~ofc In your 7 ~entl~rn~, F lave 6:~0 or 5:42. This is Ap~l 7 agendo, you will s'ea tJ~e de~nli~an; S $th, X009. Tim guorurn is pf'ese~1~, so t will wnvene ~e B ►Rnd the purpose cif coming up with a 9 planning session. 9 d~initlOn w ~ mca~e or` less 1`a~Iie ►~ith some 1D First i~rn on the agenda wed is receive Y~ level of ease div~ior~ of dines regarding er~glr~eering . 11 a l~riebng and I~oid ~ disan on the ismslisted an ~z ~etwn fat wo~,[d be a~rlbi~d ~ CFs t~ 'the Consent Agenda, i~ Ertglneering that would be atk~buted to ire Developn~~t ~3 That's s wl~ole~ tot of ~ue~tinr~. Dies fat i~ i~~ti~r Engineer. pare ar , you J~na~r, to not burden 14 take c of fat one? 1A ~e ~rsan 5a m~d~ with ill ~e duties and f~ Eh~MI(~HER THQMAS; I ~s we cons~t, ~ resporbili~~s. i~ sJr• 16 TI~e defir~it~an is prekty much CHA3R~4AN 1~ifATiQNS: All right. 1~e~y good, i~ seJf~xpiaina€~e. And ~ will nand 1'ar glop. And, f~ lie can go ~ stern i~o. Receive a report, i8 a~alr~, if we thick that we r bq go irtta clased~ 1~ bald a distort, and glue staff diOn o~mtni~rg 1~ session ~ discuss ire de~~ition, ~m de~niteiy proposed amerdr~ents to Sut~hapter Z3 ~'+e Denton ?A open ~ also. Development ~ regarding defir~idons of Crty Ertg~neer. 31 Ml~. DiiAi: 1Ne're not aCtt~ally pasted far az ~iR. DJ~AI(1=: That would be me~ If you closed session on tfie ~lty ~gl~r. I ran, you Imaw, unless ~rou watt to intr~uce it somehow, j~~ ~4 MR. RISp.~: iIIf~J, let's get ~ Set. i~+lr. MR, I~NNI~IGI~AM: Qkay, Thai's one. Chair, members of # C~r~rnis~on, F know "d'tat Mai M>~. DRAB: --go pups shed a ilCtle ~ 4 ~ Cut~nl~rghani is here. And he's prepared to dlsarss t~ls blit mare iilgi~t on i't. That if yon remembering bacir X ism. A~td ~ thir~l~ ]erry ar~ke is a~r~ prepared. ~ to ya~r joist planning se~lon wii~ qty Co~tcii, ~ I'd tike ~ ~rn it over ao M~I`k flr5t, if ~ rnay, 3 ~e Planrti ~ commission and t q~ 4 ~ MR. DI~AAlCE: Sure. Coo ahead, 4 C~tmcil had ~cpred desk ba ha~re a ilrrelopment s MR. RI.fSSEIrI,: F'll ask l~im to carne up, ~ Review I~girreering #~r~d~~an that v~aould part of the ~ ~+iR. CIIf+~~i~MGHAM: wit item am I prepared to ~ ini~al revfe~r p~ develop~errt revi~+r prgcess. ~ discuss? 7 'R1i5 world enable tl'I~lt, And pert of #le reason why we . ~ MR. Dl't1~iCF: Yeah. 8 did ik in this fashiar~ i5 that the DDC, itse3f~ 1~a5 9 MR. CI~NIVINC~IIAM: Good arii~ian, gen~ert. ~ sever 1~ where It ~ to tt~e func~on of a qty 1A mare we begin, I'd like to ir~r~dt~ce the newest member Lfl Engi~teer. 1llle don't we're not s~re't we ~n to ~r staff. its. lima Bayne. She's ttc there in them aJi, you l~naw. 33 the black and w~rl~ strJpe blouse. She's oar 1~ And so the my s~ggestlan w$s that tither 33 t~elghborld planar, And sfie started this week. find 13 fan even aE~mpk to do that and risk tie ides that i4 are pleased to {eve a her ors board. 14 might miss a i~wr oat just since ti~5 no i5 You have tyro definitlo nn your agenda lS currently cta de~~ition of qty Engineer, ►~rhy ~usdt i~ today. Arid x lcnaw 1~ go a and p~ a del~r~tlor~ in there, and simply . ChiATit~AN 1~ATKFNS: I'm only ixinging one i7 ~r`ovlde fat 1€ it has to do with t Development Review i~ forward now. ~~nctlor~ artd review of ~e Cl~ Englneer~ that the City t~ MR. DRA1~E: deli. ~ was dust r~oing to go Manager would i~a►re the.option of d~sigrtatir~ somebody in posbly gel into Closed s~ectian 0[1 one 4f theTr'I, i~ 1IV@ ~ parti~lar~ C~uJd be SOrnebody Inllo~sef Could could saver ~,em wltk`tout goiing into doh session, ~lJ ~i sorndy ode. Could be tWp or tf~ree differed 2~ he l~ppy tq, engines as long as try have ~ liaertses ~ perlrorm ~3 MR. JNi'lINAM: ~ mean, that's your that fr,ort, i~ determination, ~ Now, we all knovr that the plan is ~ da it ~ hRR, DRAKE: Yea#~. Rim veil, ire - wl~y ~ Ir►te~liy. A~ic! b this d~n~~ Cs deed ~ PLANNING Ahip TDNIf~G IISS~N ~ APRIL 8, 2D0~ ~0 of l~  i ~ p~mote the maxitnu~n I~exility associated with ~vorship, training end eduction to i~ metnl~rs. But Nt 2 tlesi~in~ ~ wl~etl~ ~'s berme of wload or ~ also l~iudes~ some t~estdentlai ~ like a ~ cQertise or cause, your know, maybe sarnebad it Y ~ mr or ao~rvent. And lit says exclrtdi~g l~ildings ~ be a particular area that's unigcae ti'rat we r some ~ tied exclusively ~r privote ed~tr far school, . ~ specific expertise, s darrnitories r student re~eatior~ associated witi~ ~ MR, CUNNII~GHAM: y ~uestiotrs? 6 schnoi~ d care fadiities, arerr dnd prrodactiotr ~ +iMiSI~N~R THQI~f ley orrky questf ~ studias. ~ rah be ~ qtr, the de~tritlor~ is . But as far s then ~ does on talk abt may 9 as being pRC meetings, I i~inlc its of equal 9 lndutle ire foiiowir~g aooessory use in addition to ~o kn~arkance that fey have r~girt to rrrake binding ~q principal structr~re: D~rrellirYq uni#s far religious deciar~. 11 orgar~lzatiarr Rersonnel located within an awry 1~ l~~ D~AICE: Uh-huh, s~ucture. Acrd F thitrk it's pretty clrr that the l~.SZ~A1Ef~ THAI ~ gp brat would be !3 ir~t~t of this r ICnOVdr, if you have ~ typil 14 why w~'Y~ i. i~{ Church c7pus that n~o~st of U5 aSSOCiebe Y~th #~e f~iR. DRAKE. ~eii, yeah. That wasrr~t Bart c~nrd that we c,~ y know, there may ~ t~ of the charge that I was given. i~ sUi~ordirrate arses. You 9 the twain sanitary and the 37 COMM~SI~NERTH~NlAS; ~ know, 1~ fellowship morn or what have you but there may he same MR, BRAKE; ~ yp~ know, i"ar as, y~ 1~ aas were people m.ht sleep a say, a bible 1~ know, #~l~irrg out the ctrat~ge, I think that this wota[d do carrrp or, you ianow, some l~ of ~ tralrnng, ~ it in a way that maximizes ftexi~li~r and I kiara~v at ane time we had orre religious MR. ~U~1NFN~HANi: And that reali~+ was Part ~t organin that wanted to f~ave some people came in artd of the irr~rrt ~titat vn~ the yon lcnc~r, say, for study the r fail far six mo€~i~s out ~ sttrr~ner as instatroe, if P.S. ~ given certain authoriky over part or, I ~ueSS, tht~ee months oot ~ summer as 2~ certain purvler~s engirn9 ~ur~ews, ~ he would z~ pert of ter religiot,ts training. zs ha►re the au#ror~yti wouldn't have ~ go track and F think most of us ~ was aluv~ys , i checl~ per se~ w~h someone else. He would ~ fairly clear that the intent was that that~s that ~ considered the Cty ~r~gir in that capacity and wou~ ~ doestr~ mean that they s~ ire the sancbaary ar in the 3 ~tdve ~rll a~athor~~r to make decisions, you icrto~r, based 3 rr~afn bcrdding or in the ad~tlnisthr~ Owes or # an 1i~ r'If~rt i~Vei rtiSe, t 4 at~ythirrg Of that rlre. That ~e Idea #hat ail Of u s [IIAN WATl~NS: Arty der nerds? All 5 had i:n mind v that t~rat would. ~ ~ kind of ~ t$ght. 6 structure. . ~ ~oM~III~N~R Di'iAK~: Do you ward bo start 7 The issue that carte up fairy ~,~y w , 8 out on churel~? ~r d0 you want me ta? 8 something that daesn"t really fit witfsrlr~ our traditional MR. C~lN~If~Gi-iAl~l; No. ~'m done. No, Y ~ det~rr~on of a ~rur~. It was a orre particular i~ have churdi id as dosed meetings so. 14 building ~ e house, in fact. ►4rrd the idea that people 1~ MR. DRAKE: IWelfr F'►te got it fisted ~ 11 veld ~ in that hoRuse ar~d it could Il gate ar bath. furrdkiar~ as a ~'rurch. And It was at least suggeed ~ P+IR, C~NIw~NHAM: ~kaj~, that our drnition old l Cle~t~r ark whether It 1~ MR. DRAB: So if you'd lure, I can gca ~.4 would allv~r far that type p~ de~trit~n or trot, 15 ahead and get started Orr this if depending ~ fire ~5. ~'rd so, coming out of drat, ~re~ are ~fi flatul~e of the gwtions you have, you Icrrowr we - I may i$ proposing to redefir~ the berm uncl~r" without really il reme;rd I~at we go ahead acrd exercise our rigk~ to go getting into atr~l~ary issues of wl~rether we want ~ ~fl ~s into closed sesslvrr. ~ a house of whip or a syt~gogue or any o~ thaw ' i~ Butt as you know, we retfy had a in 1~ other issues. Just s! mply addressing the main ~SSUe at ~ whiff we trod bo take a Iovk at v~r dei~initian of rJiurch. ~e hand a€ the sl$epiog arfangemen~ and vat have you. Arrd as it's currerrtlyy de~r~ed, you ictrow~, it taik~ about 21 A ifre ~ itself, pr that bel~rg a struc~rre that`s used fqr by a r~ligiorts we fours, initiallyr sort of an tf main structr,tre it organi~akion, And dust kind star~rrg out, it tailcs ~ and ~e various diflaerer~t fi~nctio~s t c~u ~dC~ about, yore irnow, Ding a StrU~rre kind of suggests thak 24 a5 part of a Church, Bearing In mi11d, tl~t ~ ire it would he ~e building providing regular org~rr'rizetl federal ld1~S ~ y~ restricC our abi~ties whir ALANNiH~ ►4Np ZDhlif+ CiI~#Dl~l APRIL ~ ~ ~ 7ti1 • ~ ~ • _ _  Lm ~ respect to arty kind of imi~airrr~ent of the ~ and it may not have anykhing ~p d~ with our teachin ~~~r ~ ex~erdse o€ rel lvr~, I~e've to k ~ _ ~ 9 yep it €air~y c>pper~ ~ what ha►re you. ~ $nd Irairl~r be fairl~r open minded i~'I our application ~ 3 i3t~t its --even though s in a separate ~ ~ 4 l~tldirtg isnt~w, if yvu'r~e of to ~ the 9 Y ~ But provided In Nos. I. and ~ that the ~ benefit at having a chvroh use under our ~onl ' 6 de~"u~rdo~ shall not apply to E,i~~, un#e~ they arse ~ ordinance, den{you know, it what ou do v~ith that. . Y ~ arrciilary or suba~#inate ~o an active primary church use ~ use i to be tied to your rellgiac~s teachir~ and d n~a 09 ~ located on the same plrernises, regardless of whether surd 8 and what have you. And riot dust merel Borne kn Y ~ ~ uses are tawne~, operated, marged, support, or 9 secondary won. i long because theme's to dQrsed by, or othen~rise af~iliat~d with, any reiigior.~ a dot mpi~s # are followed o~ by comma, i~ organisation, rnission, or belief, and reg$~#is of ~i 4M1HIS5I~lVER ~CH~4AK~; Yes. whether any religious message, teachings, cus~am~, MR, DRAICF; And so it`s i3 celebrations, ceremonies, r~tuais, r~tesr worsf~ip, nr ~ CO~IMISI~NIiR EACLFTON: T#~e on Clem ~ l ~4 content are provided i•n con jur~~or~ w su~i uses; and, ~4 that I can see with that ~s It, you krrr if it is an 15 any and ail such uses having a resider~al oomponerrt, 1s ar~illary bui~ing ark people are living there, what ~ : ~ such d5 rectories, CDnve~'ttSr ~a9~r ~~R'nltOrl~$r 1G every sirx~le night there I a religious chi iri that 17 and dwelling un~, shall be ion within an aCCesry particE~lar space. structure, secondary the male d~urch~~use, ~8 ~lR. BRA; Yeah. x9 o we wanted to s~te1 you kno~r, in N4. ~ (~O1~MISIDNI:R ~CLETON; Mho's to tl~n ~o }ust about as plainly as we oaald that any kind of ~ that it' snot being ul for the pub for wlllch it d~rrreifing arrangements ~+rauld be as park an ac~ory ~i was denoted. . ~2 stricture that would be secondary to die main , Arid ~lR, DRAM; And cite franlCi . q y, that s _ z3 rtern 1 essentially► jus ~k~ies that it reaNy ~3 going to be very dit~cult ~ do~ You known it I ~ ~s ~ be pad of the care r'eiigiou~ values ociated don't I cannot irnagirre that if ~1~1'e'S a know with the chum and riot dust, say, amoney-making ~5 a relig~aus campanerrt asso~ated with ;t, tit rue rvoukl't , ~2 ~ proposition or, you know, rental horsing or something of ~ rommer~l saying it's riot religion eugh. Bemuse ~ tit nature, it h to be associa#d with the teachl s n9 ~ you kr~ov~, religion is one of rase thus that's, yvu ~ Of tip chug. 3 lCnowr difl~it ~ into Y l ~ You ~ ~MMISiON~R ~i~E~ The first sente~e ~ known there are ail kirk of Supreme hurt ~ that ~ is very lang. And when you finish reading it, I sad ol: ~ talk alb k~gltinracy of religious exer~se e rva~ say, raw, ar~d what does fat rnean~ The second B maw of tie trad~ional piths would ~c~t be able to one is clear. T tolerate, ~ r~R, DRAi~: ~h-hr~h. a CHAiRIN WATKII~~ I would #ike to ut his Q C~MMiI4l~ER ~L'f~1AAICE; ~ It says drat 9 into C1DSed P sess~n. io you're going tq have a dormitory, it has ~ be Irr a ~o i~R. DRAICB: okay. I ~ we could 9 epar buliding, i~ exq,~e tl7e der members of the ac~dleneye. . ~2 MR, ~RA#CE: Right. ~7 {Wok 5ess~on went irk dosed session at i ~IwMIS~I~#VI=R Si~AK~; o what are you x~ 5. ~3 p.rn.} Ala . rearl~y saying in 'the first ones I~R. DRAKE: Are yvu talfcing about Sub t~ Item The de~nidor~ of riot applied 1~ . . ~~lr1Mi~~I~I~Ef~ CHAA1~i=: Yeah. ~S i~It, DRAKE'. ghat I'm t~ing tO say is that ~8 ~'s 9~ to be legitirr~ately part of a chinch use. Yoo ~ . kno~r, it's gat to #eyitirrrat~ly part of the ~achings, Its r>dt -y it's noPt that we have a chur+cht and we g ; . some fell over property. You know what, we can make a ~2 ~3 little money off ~ ~ if we built Borne apartmer~t~ arx~ ~3 . lea~e'them outs you know. Dr if v►re, You icr~ow, eke a g~ portion of it and lease il: gut to people to live there, PI,~NN~VG Abp ~~IVI~fG ~fg~N APRIL s, ~o~ . ~~.~~to~~~~T~ I. : ~'S rain: S n.~~in~S[.ri1' ..:!s~y~'r s.5 ~ :  Lm ~~~~T ~ PR~P~~~~] ~]~~~N~T~~N ~T~ ~~YI~EE~ pity ~n~in~er: The individual. holding the off ce of City Enineex of the City of Denton, Texas, who sh11 actively maintain licensure in goad standing as a Prafessiana~ ~ineer under the lw~ of the State of Texas. Thane duties assigned by this chapter to the City Engineer which relate to the develaprnent review proeess~ be reassigned by the City er, in whole air ~n part, to ane or more licensed professio~.a~ engineers, a needed to adjust workflow or to provide specific expertise.  L PR~P~~D C~.A►.N~~ ~]~P~~~~~ ~F CHURCH Current Definition Church: A structure owned andlor used by a religious organization or congregation and providing regular organized religious worship, religious training, or education of ~t members; rectory or convent; meeting ball, offices for adminlstrat~on of the ~nst~tutlon; and, excluding buildings used exclusively for private education ar Schaal, dormitories far students, recreation associated with a school, day care facilities, arenas or production studios. A house of worship may include the following accessory use in addition to the principal structure: dwelling units for religious organization personnel located within an accessory structure~S}. Proposed Definition Church: A Structure used by a religious organization or congregation far regular organized religious activities. A church. use may also include accessary ar Subordinate uses and structures associated with its religious mission, such aS: rectories, convents, meeting halls, offices for administration of the institution, schools, educational facilities, dorn~itarieS for students, parsonages, dwelling units for religious oran~zat~on personnel, recreational facilities, day care fac~l~ties, arenas or production Stud~oS, or any con~b~natlon of such optional uses, provided that: 1. This definition shall not apply to any such accessary or subordinate uses, unless they . are secondary to an active, primary church use located an the same premises, regardless of whether such. uses are owned, operated, rrianaged, supported, or endorsed by, or otherwise affiliated with, any religious organ~~ation, mission or belief, and regardless of whether any religious message, teachings customs, celebrations, ceremonies, rituals, rites, warship or content are provided in conjunction with such uses; and, 2. Any and all such, accessory or subordinate uses having a residential component, such S rectories, convents, parsonages, dormitories and dwelling units, shall be located within an. accessory Structure, Secondary to the main church use. ~'he primary Structure nay not be used far any Such residential use. Pra~o~ed Chn~es ~e~e~ios ~ Additions are Shawn in underlined blue text. Church; A structure used by a religious organ~zat~on or congregation; ~ far regular organized religious activities . , ~~s~ ~ church use n~a also include accesso or subordinate uses and structures associated with its rely ions naiss~vn such as: rectories convents ;meeting halls, offices for administration of the institution, s~hoo,l~._,~~ucational facilities, dormitories. ~o~ students, arSOna a dwellin units far reli loos or an~zation ersonnel recreational facrlrtleS da care facilit~e,,,arenas or production studios, or any con~binatian of such optional uSeS~ provided that + . . . • • . . ~ ~ ~ ~ • . . ~ • . . . . . . . . 1 • . . . 1  i 1. Thrs definition shall not ~ 1 to an such accessa or subordinate uses unless the are seeandar to an active ring church use located o the same remises re ardles of whether such uses are owned o erated mana ed su arced ar endorsed or otherwise affiliated v~ith an reli ious or anization mission or belief a~ad re ardless of v~laether an reli ious mesa e teachin s custan~s celebrations ceremonies rituals rites arshi or content are rovided in can~unct~on with such uses, and' 2, An and such all uses Navin a residentlal cam anent such as rectories convents arsona es don~tories and d~rellin units shall be located within an accesso structure secondar to the main church use. The rimar structure n~a not be used far any such residential use.  Lm s:lour documet~~slord~na~ces1~91~ca~9-0~~l.doc ~~DINANCE N0. INANCE ~F THE CITE ~F DENTIN, TExAS, AENDIN SUBCHAPTER. ~3 ~F N ~E~EL~PEI~T CEDE; REIINC~ THE I]EFIl~TION DF CHL]RCH AND THE DENTS G DEFINiTI~N F~~ CITY ENGINEER; PR~DIN FDA A PENALTY Ilv THE , PI~~~7D~N ONT ~F 0~0,4~ F~~ ~~~LAT~~NS T~IERE~F, SE~ERAILITY AND AN z E~'FECTI~E DATE. ~DCA~-~4~1} WHEREAS ursuant to ordinance Na. ~0~~~~4~, the City Council ofthe City of Dentan, ,p Texas ado ted the Denton Development Code the "Development Cade"~; and REAS after rovidin notice and aver conduc#~~.g a public hearlr~g as required by law, ~ ~ the Plannin and Bonin Conunission recommended approval of certain changes to Subchapter X5.23 afthe Development Cade; and WHEREAS after rovidin native and after conducting public hearing as required by law, ~ . i Council finds that the sub' ect changes to the Development Cade are consistent with the the C ~ Dentan Plan and are in the public interest; N~, THE C~UNC~L OF THE CITY ~F DENTIN HE~EY ORDAINS: findin s and recitations contained in the preamble of this ordinance are ECTY~N 1, The incorporated herein by reference as true ECTI~N ubch ter 3.2 ofthe Denton Development Code are amended to reflect the P char es and additions outlined in Exhibit "A"; ail provisions not changed herein to remain a g written, . SECTION 3. An ersan violating anyprovision ofthis ordinance shall, upon conviction, be , lned a sum not exceedin $~,~Oa.~~. Each day that a provision of s ard~nance is violated shall ~ g constitute separate and distinct offense. SECT~~N If` any provision ofthis ardxaaance or the application thereof.to any person or circlnnstance is held invalid b any court, such invalidity shall not affect the validity of other y ravisians or a lications, and to this end the pravisio~. of this ordinance are severable. p ECT~~N 5. This ordinance shall became effective fourteen. ~ 14} days Exam the date of tts . ssa a and the Ci secret is hereby directed to cause the caption of this ordinance to be ~ ~ ✓ ~ ~ . ublished twice in the Denton Record~Chranicle, a daily newspaper published in the City of Dentan, p Texas, within ten ~10~ days of the date of its passage.  ~ l~ tie Of i V~~ w1~1 1 J~ it 1 V~ 7 i ~V ~ ectian ~.~3.~ of the ~entan ~eveiopment bode is hereby amended ~o re~ect the fallo~in~ changes and a~ditiuns to the ~e~nitions and Terns: • used ~ a reli Maus cr an~zaticn or congregation far regular argan~zed ~hureh. A structure ~ g g reli loos activities. A. church use may also include accessary or subordinate uses and structures g associated Frith Its cell laws rnlssl~n, such as: rectories, convents, ~.eetin halls, ofd ces for administration ofthe institution, schools, educational facilities, dormitories for students, parsonages, ' li loos or anizatian ersonnel, recreational facilities, day Dare facilities, arenas dv~elling units for re g g p or roduct~an studlas, ar any coinbinatxan of such optional uses, provided that: p 1. This definition sha11 not apply to any such accessory ar subordinate uses, unless they are second to an active, rim church use located an the sane prerniscs, regardless of ~ p ~ v~hether such uses are ov~ned, operated, managed, supported, or endorsed by, ar otherwise affiliated v~ith an reli 'ous or anization, imissian or belief, and regardless al'whether any a Y ~ reli loos message, teachings, customs, celebrations, cererrzonies, rituals, rites, worship ar content are provided in conjunction with such usesx and, 2. ~n and all such accessory or subordinate uses having a residential caimponent, such as Y rectories, convents, parsonages, dormitories and dwelling units, shall be located within an accessa structure, secondary to the imam church use. The priimary structure nay not be rY used for any such residential use. En ineer: The individual holden the office of 1ty Engineer of the pity of Denton, Teas City g who shall activelixj maintain licensure in good standing as a Professional Engineer under the laws of J i the State of Texas. Those duties assigned by t~iis chapter to the pity Engineer ~rhich relate to the develo n~ent reviev~ process may be reassigned by the 1.ty ll~anager, in ~vho~e ar in part, to one or ~ ~ . mare licensed rafessional engineers, as needed to adjust orkflo or to provide specific expertise. p ~~G~ AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene SUBJECT Consider approval of a resolution allowing Pro-Fest, Inc. to be the sole participant allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival April 24-26, 2009, upon certain conditions; authorizing the City Manger or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. (The Parks, Recreation and Beautification Board recommend approval with a vote of 6-0.} BACKGROUND The Denton Festival Foundation, made up of community volunteers and professional staff, has requested to sell alcohol at the Denton Arts and Jazz Festival, allowing Pro-Fest, Inc. to be the sole proprietor of this product. Pro-Fest, Inc. will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. The Festival Foundation provides police security at the event. The annual Denton Arts and Jazz Festival event promotes cultural enhancement and is co- sponsored by the City of Denton Parks and Recreation Department. It is held in Quakertown Park and includes over 1,300 professional and amateur performers, local and statewide vendors, children's activities, art exhibits, and various entertainers. The three-day free event runs Friday, 2:30 p.m. to 11:00 p.m., Saturday, 10:00 a.m. to 11:00 p.m., and Sunday, 10:00 a.m. to 9:00 p.m. The event continues to experience growth each year through community participation and the use of national and local vendors and entertainment. This year's event is expected to host around 200,000 participants with 240 booths and six entertainment stages. OPTIONS The City Council may approve the request from the Denton Festival Foundation as submitted, request changes to the resolution, or deny the request for the sale of alcohol. RECOMMENDATION Staff recommends approval of this request. ESTIMATED SCHEDULE OF PROJECT The Denton Arts and Jazz Festival three-day free event runs Friday, April 24th from 2:30 p.m. to 11 p.m., Saturday, April 25th from 10 a.m. to 11 p.m., and Sunday, April 26th from 10 a.m. to 9 p.m. Agenda Information Sheet April 21, 2009 Page 2 PRIOR ACTION/REVIEW 0n April 6, 2009, the Parks, Recreation and Beautification Board recommended approval of this item with a vote of 6-0. FISCAL INFORMATION This action has no impact on the City's General Fund budget. All costs and revenue from this action will be the sole responsibility of the Denton Festival Foundation. EXHIBITS 1. Resolution 2. Contract 3. Letter of Request 4. Parks, Recreation and Beautification Board Meeting Minutes of April 6, 2009 Respectfully submitted: . Emerson Vorel Director of Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator 11CODAD~D~partmentslLega110u~ Docume~t~lResoiutions1~91Ar~s ~ar~ Festival Res.doc RES~L~JTION N~. A RES~LUTI~N ALLDWC PRA-PEST, IBC. T~ BE THE SALE PART~C~PA1~T ALLOWED T~ SELL ALC~HDL~C BE~~RAC~E AT THE DENTIN ARTS ~A~~ FESTIVAL APRrL ~4~~~, ~aa9, ~JP~N CERTAIN CON~D~T~ONS; AUTHORI~H~ THE _ CITY AN.ACER OR HIS D~I~NEE TO E~ECI~TE AN AGREEMENT IN C~NFORITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton {"City"} is the owner of the uakertoWn Parr and through the City of Denton co-sponsors the Denton Arts razz Festival at the ~ual~ertoWn Parr; WHEREAS, the consumption of alcohalic beverages is a~laWed in the uakertoWn Park pursuant to City of Denton Cade, X2.2-~ ~b}; W~IERF~AS, the Czty Council finds that it is in the public interest to select only one vendor of alcoholic beverages at the Denton Arts & Ja.~ Festival; and WHEREAS, Pra~Fest, Inc. has requested that they be sale particzprrt allowed to sell alcoholic beverages at the Denton Arts ~a~ Festival; and WHEREAS, the Pars, Recreation and Beautrficat~on Board has recommended that Pro- Fest, Inc. he the sole participant allowed to sell alcoholic bevera es at the Denton Arts ~a Festival; and WHEREAS, the City agrees W1th the recan~mendatian of the Parrs, Recreation and Beautification Board; NSW, THERF~FORE, THE COCIL OF THE CITY OF DENTON HEREBY R~SOL~ES; SECTION 1. Pro-Pest, Inc. shall be the sale participant allowed to sell alcoholic beverages at the Denton ,Arts Jam Festival on April ~4~2~, ~a~9 at the u~lcertoWn Parr upon the following conditions: 1. They shall be responsible far rental off' any booth space necessary; They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall provide the security necessary for the sale of alcoholic beverages; 4. They shall provide general comprehensive liability insuralace from a responsible carrier, With the City as an additional insured, in the amount of S~a,Oaa.aa. Agrees to indemnify the City of Denton against any liability incident to the selling of alcohalic beverages at the Denton Arts Jazz Festival.  i ETI01~ The pity ll~anaer or his designee is autheri~ed to execute a~ agreeruen~ in conformity with this resolution, which hail be sub~tantza~l~ in the fog of the a~e~ment attached hereto and made a pax hereof b~ reference. E~T~~N 3. This resolution h~1 become effective 1mn~ed~atel~ upon 1t pa~age and approval. P.ED AND APPRDL~ this the dad of_ , 2009. .A.R~ A. BU~UC~H, A~~R ATTF~T. JF~NNIFF~R A~T~R, ITS F~I~ETARY BY: .AP~~~ED A T~ LEGAL F~.iVI: ,ANITA B~JRE , CITY ~TT~RNEY BY:  i 1~COdadldeparanentsllegallour documentsleontractc1091arts and jars festival contiract.doc QUAKERTGWN PARK AGREEMENT FQR THE DENTUN ARTS & JAZZ FESTIVAL STATE OF TEAS ~ cow of DENTON § This Agreement, made this day of , 2009, by and between the City of Denton, a rnunic~pal corporation, hereinafter referred to as the "CrTY" and the PRO- FEST, INC., (called "PRO-PEST, INC.'. WITNESSETI~, that in consideration of the covenants aad agreements herein contained, the pa~fiies hereto do mutually agree as follows: ARTICLE I GENERAL The City grants to PRO-PEST, INC. the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the DENTON ARTS & xAZZ FESTNAL on APRIL 24-26, 2009, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas, authorizing this privilege. This privilege does not extend beyond the date of the DENTON ARTS & JAZZ FESTIVAL set for the year 2009. ARTICLE 2 SCDPE OF SERVICES PRO-PEST, INC. in order to exercise the privilege to sell alcoholic beverages must perform the following: ' A. PRO-PEST, INC. shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the DENT4N ARTS & JAZZ FESTIVAL. I3. PRo-PEST, INC. shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the DENTQN ARTS & JAZZ FESTIVAL. C. PRO-B=EST, INC. shall be solely responsible far the obtaining and paying for any security necessary for their sale of alcoholic beverages at the DENTON ARTS & JAZZ FESTIVAL. PRO-PEST, INC.'S failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the DENTQN ARTS ~ rAZZ FESTNAL. ARTICLE 3 LOCAL RULES AND REGULATION PRO-PEST, INC. agrees to abide by all municipal, county, state and federal laws~~, ordinances, rules and regulations and specifically, without ]imitation, the Quakertown Park Rule, and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and tc:+ comply with the requirements of any duly authorized person acting in connection therewith . PRO~FEST, INC. shall pay all taxes, if any, of every natwre and description arising out of oz iY°<< any manner cormected with the sale of alcoholic beverages. PRO-PEST, INC. will exercise reasonable care and due diligence in their sale o:l''' alcoholic beverages at the DENTON ARTS & JAZZ FESTIVAL. ARTICLE 4 INDEMNITY AGREEMENT PRO-PEST, INC. shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without linvtation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of PRO-PEST, INC. or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, PRO-PEST, INC. shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least ati A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,040 for each occurrence and not less than $SOO,a00 in the aggregate, and with property damage limits of not less that $104,000 for each occurrence and not less than $100,000 in the aggregate. B. LiquorfDram Shop Liability in the amount of $250,000 per occurrence for any event occurring on City-owned property where alcohol will be pxovided or served. DENTON ARTS & JAZZ FESTNAL Agreement -Page ~ C. PRO-PEST, INC. shall furnish insurance certificates or insurance policies at the CITY'.~~~ request to evidence such coverages. The insurance policies shall name the CITY as a~ r additional insured on all such policies, and shall contain a provision that such insuranc~~~ shall not be canceled or modified without written nofiice to the CITY and PRO-PEST, INC. In such event, PRO-PEST, ZNC. shall, prior to the effective date of the change a.i,, cancellation, serve substitute policies fiunishing the same coverage. ARTICLE 6 NOTICES All notices, conununicatians, and reports required or permitted under this Agreemen~l. shall be personally delivered or mailed to the respective parties by depositing samern the UnitetN. States mail to the address shown below, certified mail, return receipt requested, unless otherwisE°~ specified herein. Mailed notices shall be deemed communicated as of three (3j days' mailing: To PRO-PEST, INC.. To CITY: Pro-Felt, Inc. City afDenton Carol Short City Manager 319 Pennsylvania Ave. 215 E. McKinney Denton, TX 76205 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3}days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and exhibit, constitutes the complete and frnal expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. AR~TCLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. DENTON ARTS & ,1.AZ~ FESlTVAL Agreement -Page 3 ARTICLE 9 DISCRIlVHNATION PROHIBITED In performing the services required hereunder, FRO-FEST, INC. shall not discriminatE° against any person on the basis of race, color, religion, sex, national origin or ancestry, age, oy~,. physical handicap. ARTICLE IO PERSONNEL PRO-FEST, INC. represents that it has or will secure, at its own expense, all personnel) required to perform all the services required under this Agreement. Such personnel shall not be~ employees or officers af, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY PRO-FEST, INC. shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise} without the prior written consent of the CITY. ARTICLE I2 MODIFYCAT~ON No waiver or modification of this Agreement or of any covenant, condition, or limitation herein con#ained shall be valid unless in writing and duly exr~uted by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidencE in any proceeding arising between the parties hereto out of or afl'ec#ing this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modifiication is in writing and duly execu#ed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: {list exhibits} Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be conshued in accordance with the laws of the State of Texas. C. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. DENTON ARTS & IAZZ FESTIVAL Agreement -Page 4 iN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and PRO-FEST, INC. has executed this Agreement through its duly authorized undersigned officer on this the ~ day of 2009. CITY OF DENTON, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY 13Y: APPROVED AS TO LEGAL FARM: ANITA BURGESS, CITY ATTORNEY BY: PRO-FEST, INC. BY. Carol Short WITNESS: BY: DENTQN ARTS & JAZZ FESTNAL Agreement -Page 5 D~N~'~N 1 February 11, 2009 ~~~~1~~~ T0: DENTON PARKS AND RECREATION BOARD DENTON CITY COUNCIL RE: DENTON ARTS AND JAZZ FESTIVAL dentonjazzfest.com Sale of Beer and Wine in Quakertown Park Denton Festival Dear Members: Foundation, Inc. The Denton Festival Foundation, Inc. is requesting that our contract ~.o, B°x zi°~ be rescinded and request the City of Denton do likewise. Because of Denton, Texas 76202 changes in TABC rules, the annual Denton Arts and Jazz Festival is (940} 565-0931 requesting permission and approval for Pro-Felt, Inc. to sell beer and Fax (940) 56b-7007 sine during the event for 2009. Dates for this year's event are A ril P 24, 25 and 2b, 2009. Thank you for your continued support. Sincerely, Carol Short Executive Director ..fir da~c'r o~xea~c a ~ ~ it a~'t gar tsar a~~ur' yi„ 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 April 6, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Dale Conway, Reggie Heard, Jo Kuhn, Ross Richardson, Jennifer Wages 8 Members absent: Allyson Coe 9 Staff present: Emerson Vorel, Amanda Green, Jim Mays, Janie McLeod, Kathy Schaeffer, Bob Tickner, Mary 10 Aukerman 11 12 Chairperson Jo Kuhn called the meeting to order at 6:00 p.m. 13 14 AWARDS AND RECOGNITIONS: 15 a) Parrs employees recognized for years of service at the March 31 ~t Citywide Service Awards Ceremony: 16 Myra Anderson, Civic Center Manager, 20 years; Randy Petterson, Parks Maintenance Supervisor, 35 17 years. 18 b) This year's 3-P event was the most successful, yet. 69 teams signed up and 56 teams showed up, even 19 though the weather was extremely cold; it actually snowed in the morning. 20 21 APPROVAL OF MINUTES OF February 23, 2009 MEETING: Chairperson Jo Kuhn asked for any 22 corrections or amendments to the minutes. Hearing none the minutes stand approved as presented. 23 24 ACTION ITEMS: 25 a) Sale of Alcohol at Denton Arts and Jazz peestival -This is the annual request by the Denton Festival 26 Foundation to be allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival. When asked why we 27 have changed from a local restaurant to this entity, Janie explained that a change to TABC's Alcoholic 28 Beverage Code, stating that beer cannot be donated to a charity and then sold for profit, made it necessary for 29 Pro-Fest, Inc. to be developed to facilitate the sale of alcohol at the event. Pro-Fest, Inc., made up of members 3 0 of the Denton Festival Foundation, will be responsible for all necessary permits, licenses and rental of booth 31 space. 32 3 3 MOTION: Jo asked for a motion recommending Pro-Fest, Inc. to be the sole proprietor allowed to sell 34 alcoholic beverages at the Denton Arts and Jazz Festival on April 24-26, 2009. Jennifer made the motion to 3 5 approve the recommendation, Reggie seconded and the motion passed with a vote of 6-0. 36 3 7 b) Sale of Alcohol at Cinco de Mayo Celebration -This is the annual request for the sale of alcoholic beverages 3 8 at the Cinco de Mayo Celebration. The committee selected Miguelito's Restaurant who will be responsible for 3 9 obtaining all necessary permits, licenses and rental of booth space. 40 41 MOTION: Jo asked for a motion recommending that Miguelito's Restaurant be the sole proprietor allowed to 42 sell alcoholic beverages at the Cinco de Mayo Celebration on May 2, 2009. Dale made the motion to approve 43 the recommendation, Ross seconded and the motion passed with a vote of 6-0. 44 45 c) Chapter 26 Review: Water Line Easement on the Denton Branch Rail Trail for City of Denton Water 46 Utilities - As discussed in February, the requested easement will connect the two existing stubs on either side of 47 Loop 288 allowing for better pressure to businesses in this area. Engineering will complete their plans when the 48 actual plans from DCTA show exactly where the placement of bridge piers would be located. The Park Board is 49 only being asked to grant permission for this easement to move forward with the project. City Council will be 50 presented with the final plans from Engineering. 51 52 MOTION: Jo asked for a motion for acceptance of the proposed water line easement on the Denton Branch 53 Rail Trail for the City of Denton Water Utilities in accordance with Chapter 26 of the Texas parks and Wildlife 54 Code. Carol made the motion, Reggie seconded and the motion passed with a vote of 6-0. 1 DISCUSSION ITEMS: NONE 2 3 PARKS PROJECT STATUS REPORT 4 Avondale Park Lighting and Landscape Improvements -This project will not be funded by the "Stimulus 5 Package". It will be taken before the CIP Committee at their meeting this month to see if funds can be shifted 6 from the completed bridge and playground projects for the lighting. 7 8 Briercliff Park Design and Development Project -This project is going to bid. 9 10 Comprehensive Parks and Recreation Master Plan Update -The final copy of the Master Plan was 11 adopted by City Council on March 3, 2009 and is going to Austin for review by Texas Parks and Wildlife. 12 There were no changes to the draft that Park Board reviewed. 13 14 Denia Park Trail Project -This project is going to Council for approval on April 7th 15 16 Denton Branch Rail Trail Bridges Project - An ordinance is being written for an interlocal agreement with 17 DCTA to use the same engineering and construction firm for our bridges so they are the same. 18 19 Evers 3, 4, 5 & 6 & North Lakes 5 & 6 Improvements -This project it as 98% completion and most of the 20 work was done in house by the Park Maintenance crews. A concession/restroom building will be built with 21 bond funds at a future date. 22 23 Senior Center Renovation and Expansion Project -The construction has begun on the expansion. Since the 24 work is being done on the exterior, no classes have moved. Internal work is expected to start mid-summer, the 25 Center's slowest season. 26 27 Soccer Field Land and Development Project -The paperwork has been signed to close on the 20 acre strip 28 north of the North Lakes Annex. 29 30 Unicorn Lake Trail and Landscape Project -This project is at 90% completion. The new businesses and the 31 lighted trail make it a very nice place to visit/walk/run. TXDOT and the engineer are trying to work out the 3 2 requirements for rivets on the bridge, which will take 8 to 10 weeks to build. 33 34 KEEPDENTONBEAUTIFUL UPDATE 3 5 REDBUD FESTIVAL is this weekend, Saturday, April 11th 36 3 7 PUBLICART COMMITTEE MEETING MINUTES 3 8 South Lakes Park Request for Proposals -The RFP has gone out and closes on May 20th fora 3-D, kinetic 3 9 sculpture for the east side of the park. It will not be "people friendly". 40 41 Potential Master Plan Funding -Stimulus plan funding will not be available for this project. 42 43 Status of the Loaning of Art Work -The piece was shipped on April 4th as proposed. 44 45 April 30th at 4 p.m. is the unveiling of the murals claimed from Fry Street at the Visual Arts Center. 46 47 ITEMS FOR UPCOMING MEETINGS: None 48 49 With no further business on the agenda, Jo asked for a motion to adjourn; Reggie made the motion to adjourn, 50 Dale seconded the motion and the meeting was adjourned at 6:27 p.m. AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider approval of a resolution allowing Miguelito's Restaurant to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 2, 2009, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Parks, Recreation and Beautification Board recommended approval with a vote of 6-0. BACKGROUND The Cinco de Mayo Committee, made up of community volunteers and City staff, voted to support the sale of alcohol at the event for the eleventh consecutive year. Miguelito's Restaurant was selected to be the sole proprietor of this product for this year's event and will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. The annual Cinco de Mayo Celebration event, held in Quakertown Park, is a Hispanic cultural festival co-sponsored by the City of Denton Parks and Recreation Department. The event runs from 10:00 a.m. - 12:00 a.m. and includes a parade, local vendors, children's activities, entertainment, and an evening dance. The event continues to experience growth each year through community participation and the use of local vendors and entertainment. Last year's event hosted approximately 12, 3 00 participants with 50 vendors and two entertainment stages. This will be the eleventh year that alcohol will be sold at this event. There have not been security issues at the previous events. RECOMMENDATION Staff recommends approval of the resolution and agreement as submitted, which is consistent with agreements with other co-sponsored events, such as the Denton Arts & Jazz Festival. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Parks, Recreation and Beautification Board recommended approval on April 6, 2009, with a vote of 6-0. FISCAL INFORMATION This action has no impact on the City's General Fund budget. All costs and revenue from this action will be the sole responsibility of the Cinco de Mayo Celebration Committee. Agenda Information Sheet April 21, 2009 Page 2 EXHIBITS 1. Resolution 2. Quakertown Park Agreement 3. Letter of Request 4. Parks, Recreation and Beautification Board Minutes of April 6, 2009 Respectfully submitted: Emerson Vorel Director of Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator 11CDDAD1DepartmentslLegall~~r Docume~tslResalutions1~91Cir~co De kayo alcohol sel~.doc RESOLUTION N~. A ~EOLUTIDN ALL~~UIN IOUELITO' ~'D BE TIE ALE PARTIOIPANT ALL~wED T~ SELL AL~~H~L7 BEERArE AT TAE OIND DE MAYS OELEBRATI~N ON NIAY~ 2, ~~~9, ~JPON ERTA.IN CONDITION; AUTHD:~I~INC~ THE 1T~ ~VIANAER ~R HAS DESIGNEE T~ E~EUTE AN AGREEMENT IN C~N~`~RIVI~T~Y wI'~H THE RE~~Lti~'IDN; AND Pl~~v~DIN FAR AN EF~`ECT1vE DATE. wHEREA, the pity of Denton ~"pity"} is the owner of the Quakertown Park and tlaxough the Park and Recreations Department ca-sponsors a Cinco De l~Iaya Celebration at the Quakertown Park; and WHEREAS, the consumption of alcoholic beverages ~s allowed in the Quakertown Parr pursuant to City of Denton odc, ~~-32 ~b~; and w~EREA, the City council finds that it is in the public ia~terest to select only one vendar of alcoholic beverages at the ~inca De Maya Celebration; and wHEREA, Diana Cruz, doing business as ~iguelito' ~ called "iguelito' has requested that they be the sole participant allowed to sell alcoho~~c beverages at this year's ~nco De 1Vlayo elebratian on Nlay 2, 2aa9; and ~wHEEA, the Parks, Recrea.an, and Beautif lcatiar~ ~aard has reconended that Nliguelito' be the sale participant allowed to sell alcoholic beverages at the Inca De I1~aya ~elebratian; and WHEREAS, the City agrees with the recon~endatiau of the Parks, Recreation, and Beautification Board; NDw, TI~EREFORE, THE ~~C.JNCIL OF TIDE CITE DF DENTC~N HERBY RESOLVES: SECTION 1. iguelito's shall be the sole participant allowed to sell alcoholic beverages at the inco De Gaya Celebration on 11ay 2~, ~a~9 at the Quakertown Park upon. the following conditions: I. They shall be responsible to obtain the temporary license and permit for selling alcoholic beverages approved by appropriate state agency; They shall pravide the security necessary far the sale of alcoholic beverages; They shall provide general caprehensive liability insurance from a responsible carrier, with the pity as an additional insured, in the amount of 50a,a0~.~~; Liquar~Dra~ Shop Liability in the amount of $250,~a0 per occurrence for any event occurring on pity-owed property where alcohol will be provided or served;  I \\C0DAD\Depa=entsU,egal10ur Documents\ResohAions\WCmco De Mayo alcohol sell.doc 5. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. SECTION 2. The City Manager or his designee is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 3. This Resolution 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: Page 2 of 2 1loodadldepar~nentsilegailaur dacumentslcantir~cts1091cinco de mayo canhad_doc QUAKERTOwN PARK AGREEIVIENT FOR TIIE CINCO DE MAYA STATE OF TEAS ~ COUNTY OF DENTON ~ This Agreement, made this day of , 2go9, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and MIGUELITO'S, (called "MIGUELITO'S"}. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to MIGUELITO'S the exclusive privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, far the CINCO DE MAYO on May 2, X009, to be held at the Quakertown Park. Attached hereto and made a part hereof by is a copy of the resolution passed by the City Council of Denton, Texas, authorizing this privilege. This privilege does not extend beyond the date of the C)•I~1C0 DE MAYO set for the year 2009. ARTICLE Z SCOPE OF SERVICES MIGUELITO' S in order to exercise the privilege to sell alcoholic beverages must perform the following: A. MIGUELITO'S shall be solely responsible for the rental and payment far any booth space necessary for the sale of alcoholic beverages at the CINCO DE MAYO. B. MIGUELITO' S shall be solely responsible to obtain any temporary license and permit necessary far the selling of alcoholic beverages at the CINCO DE MAYO. C. MIGiJELITO'S shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the CINCO DE MAYO. MIGIJELITO'S failwre to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the cnvco DE MAYO. ARTICLE 3 LDCAL RULES AND REGULATION MIGUELITG'S agrees to abide by all municipal, county, state and federal laws, ordinances, n~les and regulations and specifically, without limitation, the Quakertown Park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. MIGUELIT4'S shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. MIGUELITG'S will exercise reasonable care and due diligence in then sale of alcoholic beverages at the CINCO DE MAYG. ARTICLE 4 INDEMNITY AGREEMENT MzGUELITO'S shall indemnify and save arad hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of MIGUELITO'S or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Ageen~ent shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, MIGUELITD'S shall maintain the following insurance with as insurance company licensed to do business in the State of Texas by the State Insurance Conunission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $504,040 for each occurrence and not Less than $500,000 in the aggregate, and with property damage limits of not less that $100,400 for each occurrence and not less than $1 Q4,004 in the aggregate. B. LiquorlDra~m Shop Liability in the amount of $250,000 per occurrence for any event occurring oa City-owned property where alcohol will be provided or served CA1C0 DE MAYO Agreement -Page 2 C. MIGUELITO'S shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall caatain a provision that such insurance shall not be canceled or modified without written notice to the CITY and MIGUELIT4'S. Tn such event, MIGLTELITG'S shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE b NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the ~Jnited States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as afthree (3}days' mailing: To MIGUELITO'S: To CITY: MIGUELITfl'S City of Denton Diana Cruz City Manager 424 E. McKinney 215 E. McKinney Denton, TX 7b241 Denton, Texas 7b241 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (S}pages and exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE S SEVERABII,TTY ff any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid anal enforceable provision which comes as close as possible to expressing the intention of the stricken provision. CINCO DE MAYO Agreement -Page 3 ARTICLE 9 DISCRINIINATION PROHIBITED In performing the services required hereunder, MIGUELITO'S sha11 not discriminate against any person on the basis of race, solar, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL MIG[JELITO'S represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY, ARTICLE 11 ASSIGNABILITY MIGUELITO' S shall not assign any interest in this Agreement, and shall not transfer any interest in this Ageement {whether by assignment, navation, or otherwise} without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless asset forth herein. ARTICLE 13 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: {list exhibits) Exhibit "A" Resolution No. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The captions of this Ageement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. CINGO DE MAYO Agreemc~t -Page 4 IN WITNESS HEREgF, the City of Denton, Texas has caused this Agreement to be executed by i#s duly authorized City Manager, and MIGUELITO'S has executed this Agreement through its duly authorized undersigned officer on this the ~ day of 2009. CITY qF DENTgN, TEXAS GEORGE C. CAMPBELL, CITY MANAGER ATTEST: JENNIFER wALTERS, CITY SECRETARY BY: APPROVED AS Tq LEGAL FORM: ANxTA BURGESS, CITY ATTgRNEY BY: MIGUELITq' S BY: DIANA CRUD wrrNESS: BY: G1NC~ DE MAYA Agreement -Page S ~'ebru~ry ~ T~ die N~ay~r end ~1en~be~s off' ~~ty C~utxcil: the ~nco de Gaya cvrnn~xt~~e ~s z~ue~t~g the ~ermissi~z~ to sez~ a~c~hal at this year's ~Q(~ ~~n~ de N~ay~ eve,~t i~t which die restaurant, il~gve~ktv's, w~1 be Ravi apd s~~ ~e alCOh4~ fox thi$ ~v~~,t~ Sincerely, r ~ / i Maruc~a ~u~6.es ~0~9 ~u~cQ do ~~ayo ~ha,~ ~.a P.~. 8~~ t~72 Qento~r,1~C 78~0~ www.~n~r~cinc,~,arg ~ 1 DRAFT 2 Parks, Recreation and Beautification Board 3 Minute s 4 April 6, 2009 5 Civic Center Conference Room 6 7 Members present: Carol Brantley, Dale Conway, Reggie Heard, Jo Kuhn, Ross Richardson, Jennifer Wages 8 Members absent: Allyson Coe 9 Staff present: Emerson Vorel, Amanda Green, Jim Mays, Janie McLeod, Kathy Schaeffer, Bob Tickner, Mary 10 Aukerman 11 12 Chairperson Jo Kuhn called the meeting to order at 6:00 p.m. 13 14 AWARDS AND RECOGNITIONS: 15 a) Parrs employees recognized for years of service at the March 31 ~t Citywide Service Awards Ceremony: 16 Myra Anderson, Civic Center Manager, 20 years; Randy Petterson, Parks Maintenance Supervisor, 35 17 years. 18 b) This year's 3-P event was the most successful, yet. 69 teams signed up and 56 teams showed up, even 19 though the weather was extremely cold; it actually snowed in the morning. 20 21 APPROVAL OF MINUTES OF February 23, 2009 MEETING: Chairperson Jo Kuhn asked for any 22 corrections or amendments to the minutes. Hearing none the minutes stand approved as presented. 23 24 ACTION ITEMS: 25 a) Sale of Alcohol at Denton Arts and Jazz peestival -This is the annual request by the Denton Festival 26 Foundation to be allowed to sell alcoholic beverages at the Denton Arts and Jazz Festival. When asked why we 27 have changed from a local restaurant to this entity, Janie explained that a change to TABC's Alcoholic 28 Beverage Code, stating that beer cannot be donated to a charity and then sold for profit, made it necessary for 29 Pro-Fest, Inc. to be developed to facilitate the sale of alcohol at the event. Pro-Fest, Inc., made up of members 3 0 of the Denton Festival Foundation, will be responsible for all necessary permits, licenses and rental of booth 31 space. 32 3 3 MOTION: Jo asked for a motion recommending Pro-Fest, Inc. to be the sole proprietor allowed to sell 34 alcoholic beverages at the Denton Arts and Jazz Festival on April 24-26, 2009. Jennifer made the motion to 3 5 approve the recommendation, Reggie seconded and the motion passed with a vote of 6-0. 36 3 7 b) Sale of Alcohol at Cinco de Mayo Celebration -This is the annual request for the sale of alcoholic beverages 3 8 at the Cinco de Mayo Celebration. The committee selected Miguelito's Restaurant who will be responsible for 3 9 obtaining all necessary permits, licenses and rental of booth space. 40 41 MOTION: Jo asked for a motion recommending that Miguelito's Restaurant be the sole proprietor allowed to 42 sell alcoholic beverages at the Cinco de Mayo Celebration on May 2, 2009. Dale made the motion to approve 43 the recommendation, Ross seconded and the motion passed with a vote of 6-0. 44 45 c) Chapter 26 Review: Water Line Easement on the Denton Branch Rail Trail for City of Denton Water 46 Utilities - As discussed in February, the requested easement will connect the two existing stubs on either side of 47 Loop 288 allowing for better pressure to businesses in this area. Engineering will complete their plans when the 48 actual plans from DCTA show exactly where the placement of bridge piers would be located. The Park Board is 49 only being asked to grant permission for this easement to move forward with the project. City Council will be 50 presented with the final plans from Engineering. 51 52 MOTION: Jo asked for a motion for acceptance of the proposed water line easement on the Denton Branch 53 Rail Trail for the City of Denton Water Utilities in accordance with Chapter 26 of the Texas parks and Wildlife 54 Code. Carol made the motion, Reggie seconded and the motion passed with a vote of 6-0. 1 DISCUSSION ITEMS: NONE 2 3 PARKS PROJECT STATUS REPORT 4 Avondale Park Lighting and Landscape Improvements -This project will not be funded by the "Stimulus 5 Package". It will be taken before the CIP Committee at their meeting this month to see if funds can be shifted 6 from the completed bridge and playground projects for the lighting. 7 8 Briercliff Park Design and Development Project -This project is going to bid. 9 10 Comprehensive Parks and Recreation Master Plan Update -The final copy of the Master Plan was 11 adopted by City Council on March 3, 2009 and is going to Austin for review by Texas Parks and Wildlife. 12 There were no changes to the draft that Park Board reviewed. 13 14 Denia Park Trail Project -This project is going to Council for approval on April 7th 15 16 Denton Branch Rail Trail Bridges Project - An ordinance is being written for an interlocal agreement with 17 DCTA to use the same engineering and construction firm for our bridges so they are the same. 18 19 Evers 3, 4, 5 & 6 & North Lakes 5 & 6 Improvements -This project it as 98% completion and most of the 20 work was done in house by the Park Maintenance crews. A concession/restroom building will be built with 21 bond funds at a future date. 22 23 Senior Center Renovation and Expansion Project -The construction has begun on the expansion. Since the 24 work is being done on the exterior, no classes have moved. Internal work is expected to start mid-summer, the 25 Center's slowest season. 26 27 Soccer Field Land and Development Project -The paperwork has been signed to close on the 20 acre strip 28 north of the North Lakes Annex. 29 30 Unicorn Lake Trail and Landscape Project -This project is at 90% completion. The new businesses and the 31 lighted trail make it a very nice place to visit/walk/run. TXDOT and the engineer are trying to work out the 3 2 requirements for rivets on the bridge, which will take 8 to 10 weeks to build. 33 34 KEEPDENTONBEAUTIFUL UPDATE 3 5 REDBUD FESTIVAL is this weekend, Saturday, April 11th 36 3 7 PUBLICART COMMITTEE MEETING MINUTES 3 8 South Lakes Park Request for Proposals -The RFP has gone out and closes on May 20th fora 3-D, kinetic 3 9 sculpture for the east side of the park. It will not be "people friendly". 40 41 Potential Master Plan Funding -Stimulus plan funding will not be available for this project. 42 43 Status of the Loaning of Art Work -The piece was shipped on April 4th as proposed. 44 45 April 30th at 4 p.m. is the unveiling of the murals claimed from Fry Street at the Visual Arts Center. 46 47 ITEMS FOR UPCOMING MEETINGS: None 48 49 With no further business on the agenda, Jo asked for a motion to adjourn; Reggie made the motion to adjourn, 50 Dale seconded the motion and the meeting was adjourned at 6:27 p.m. AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Parks & Recreation ACM: Fred Green SUBJECT Consider a request for an exception to the Noise ordinance for the purpose of the Singing yaks Church of Christ Community Festival to be held on Sunday, June 7, 2009, from 4:00 p.m. to 9:00 p.m. The event will be held in the church parking lot located at 101 Cardinal Drive. The requestor is specifically asking for an exception to the noise ordinance to allow amplified sound on Sunday. BACKGROUND The Singing yaks Church of Christ Church is hosting a community festival with food, bounce houses, games, and activities for all ages. The proceeds from the carnival will go to help Lee Elementary and Thomas Rivera Elementary Schools. The festival will include amplified music for five hours on Sunday. The church faces Piggly wiggly Grocery Store on McKinney Street; the areas north and west of the church consist mainly of residential neighborhoods. PRIOR ACTION/REVIEW City Council approved a previous request for an exception to the noise ordinance for the festival at the June 5, 2007, meeting; there was no request in 2008. EXHIBITS 1. Letter of Request Respectfully Submitted: " ~ ~ i Emerson Vorel, Director Parks and Recreation Department Prepared by: ~~,w ~ ~ i~~~-~ l~ Janie McLeod Community Events Coordinator CHURCH o f CHRIST March 25, 2009 To the Mayor and members of the City Counsel: This is a request for an exception to the noise ordinance for amplified sound on Sunday afternoon and evening. One Sunday dune 7th the Singing Oaks Church of Christ will hold the annual Community Festival on their parking lot at 101 Cardinal Drive. This is a fun family event with bounce houses, balloons, games for all ages, food and animals. All proceeds go to Lee and Rivera Elementary. The festival runs from 4:00 pm to 9:00 pm. There will be live amplified music. Thank you for your consideration, Bob Bentley Outreach Minister Singing Oaks Church of Christ 940-387-4355 McKinney at Cardinal • 101 Cardinal Dr, • Denton, Texas 76209 X940) 387-4355 • Fax (940) 382-9596 • office@singingaaks.org • www.singingoaks.arg AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Fire Department ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas repealing Ordinance No. 2006- 291 and authorizing Assignment Pay for Fire Department employees in the classifications of Deputy Fire Chief, Battalion Chiefs who perform the specialized duties of Training Chief, Emergency Medical Services Chief and Resource Management Chief, Captain-Logistics /Maintenance Officer, Captain-Training Officer, Fire Marshal, Assistant Fire Marshal, Fire Protection Engineer Associate, Fire Inspector Specialist, Emergency Management Program Manager and Fire Recruitment Management Analyst who are assigned to perform assigned functions on a forty-hour work week in the Fire Department and providing an effective date. BACKGROUND Chapter 143.042 (b) states that "The governing body of a municipality may authorize assignment pay for fire fighters and police officers who perform specialized functions in their respective functions." Chapter 143.042 (c) further states "The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department." Historically, the City has authorized assignment pay in accordance with Chapter 143.042 (c) to several Fire Department civil service positions who perform specialized duties and are assigned to perform assigned functions on a forty-hour workweek: Battalion Chiefs who perform the specialized duties of Emergency Medical Services (EMS} Chief, Training Chief, Information Services Chief (now titled Resource Management Chief; Captain-Logistics and Maintenance, and Captain-Training Officer. The City of Denton through the Meet and Confer process reclassified several employees in the Fire Department's Fire Prevention Division and Administrative Division into Civil Service positions that perform specialized functions on a forty-hour workweek. All these classifications are highly specialized functions that demand specialized skills by those employees assigned. Ordinance No. 22006-291 approved by the City Council on September 26, 2006 authorized assignment pay in accordance with Chapter 143.042 (c) for the Fire Marshal ($600 per month), Assistant Fire Marshal ($500 per month}, Fire Protection Engineer Associate ($400 per month), 1 Senior Fire Inspector ($300 per month}, Fire Inspector ($300 per month}, Public Education Officer ($300 per month}, Emergency Management Program Manager ($500 per month}, and Fire Recruitment Management Analyst ($500 per month). Since that time, the positions of Senior Fire Inspector, Fire Inspector and Public Education Officer have been vacated in accordance with the Meet and Confer contract and replaced with a newly created civil service position, "Fire Inspector Specialist." The proposed ordinance provides for assignment pay for that new classification at the same rate as the vacated positions, $300.00 per month. In addition, Staff requests that the Fire Department civil service position of Deputy Fire Chief receive the same assignment pay as the Fire Marshal, $600.00 per month. The Fire Marshal and Deputy Fire Chief both are appointed positions by the Fire Chief and serve at the same organizational level in the Fire Department's organizational structure and should be compensated equally. The proposed ordinance authorizes specific assignment pay for all Fire Department civil service members who perform specialized duties and are assigned to perform assigned functions on a forty-hour workweek. FISCAL INFORMATION All assignment pay will be funded through the Fire Department's current budget. EXHIBITS Proposed Ordinance Respectfully submitted, Ross Chadwick Fire Chief 2 r S:lOur Documcn#sl0rdinancesl0~lfire asssignmeta# pay.~oc ORDINANCE NO. AN ORDIl~ANCE OF THE CITY OF DENTON, TEA, REPEALING ORDINANCE NO, ZOa~9I AND AI,'HORI~ING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES YN THE CLASXFICATION OF DEPUTY Fn~E CHIEF, BATTALION CHEF PERFORIVI THE SPECIALISED DUTIES OFT ~ CHIEF, EMERGENCY EDICAI'1 SERVICES CHIEF AND RESOI~RCE NIANAGEIVfENT CHIEF, CAPTAIN LOGISTICSIAEVTENANCE OFFICER, CAPTAIN-TRAININx OFFICER, FIRE ~VIARSI~AL, ASSISTANT FIRE IVIARHAL, FIFE PROTECTION ENCrINEER ASSOCIATE, FIRE INSPECTOR PECIALIT, El1~ERGENCY MANAGEMENT PROGRAM l1~ANAGER AND FIRE RECRUITMENT MANAGEMENT ANALYST ~-IO ARE ASSIGNED TO , ~ PERFORM ASSIGNED FUNCTIONS ON A FORTY-HOI~R ~ EEI~ n~ THE FARE DEPARTl1~ENT; AND PROVIDING AN EFFECTIVE DATE. ~VL~HEREAS, on September ~aa~, the City Council passed Ordinance No. 2~~G-~1 authori~~ng Assignment Pay for certain Fire Department employees in the classifications of v~ho k perform the specialised duties and are assigned to perform assigned functions on a 4~-hour arl~eek; anal WHEREAS, Section I43.~4~ of the Laeal Gevern~nent Code authari~es a municipality to pay assignment pay which is in an amount and is payable under conditions set forth by . ordinance; and . 1EREAS, the City Manager and Fire Chief having recammmended that the Fire Department enlplayee in the ela~ssifictian of Fire Deputy Chief ha i assign to perform the ~ . specialized duties of Operations Division Chief an a 4~-hour ~var~ meek schedule should reeiv~e assig~r.ent pay of ~Oa,~O per manth~ and WHEREAS, the City Manager and Fire Chief having recommended that the Fire Deparb~ent employee in the classieat~on of attallan Chief who 1s assigned to p~rforrn the specialized duties of supervising the Fire Departrr~ent's Training Program as the Fire { Department's Training Chief an a 40-hour v~ork leek schedule should receive assignment pay of ~~~,0~ per month; and ~IEREAS, the City Manager and Fare Chief having recamniended that the Fire Depart~rient employee in the classification of Battalion Chief mho is assigned to perform the specialized duties of supervising the Fire Department's Emergency Medical Services Program as the Fire Department's Emergency Medical Services Chief on a 4a-hour v~ark eels schedule . should receive assignment pay of X0.00 per rnanth; and WHEREAS, the City tVlanaer and Fire Chief having recommended that the Fire Department employee in the classi~icatian of Battalion Chief Resource 1Vlanager ~ha is assigned ,  :K - sr .-.r,N~<,:c_+.ti•.«eaw:.n?%.iif.:e:&a':'-'%.bti.~#'=x:~C=aM:•a:mmsw:i~`7b'r~ Eno, i to perform the specialized duties of Resource Management on a 4~-hour work week schedule should receive assignment pay of a~.~D per n~anth; and WHEREAS, the City Manager and Fire hie~° having recommended that the Fire Department employee in the classification of Fire 1Vlarshal who is assigned tv per~~r~n the specialized duties of Fire Prevention on a 40-hour worl~ week schedule should receive assignment pay of ~~.~0 per month; and wFIEREA, the Cif Manager and Fire Chief having reconended that the Fire Department employee i~ the classification of Fire Captain-Training officer who is assigned to perform the specialized duties of training of Fire Depar~rient personnel on a 4~-hour word week schedule should receive assignment pay of $5~~.~~ per month; and wFIERE.A, the City Manager and Fire Chief having recon~.rnended that the Fire Department employee in the classification of Fire Captain-LogisticsfMaintenance Officer who is assigned to perform the specialized duties of llogistics and Maintenance of Fire Department apparatus and e~u.ipn~ent and supplies on 4~-hour work week schedule should receive assignment pay of 5~0.~4 per month; and ~EREAS, the City Manager and ~ Fire Chief having recommended that the Fire Depart~xxent employee in the classification of Assistant Fire Marshal who is asigne~ to perform the specialized duties of Fire Prevention on a 4U-hour word week schedule should receive assignment pay of ~~.4~ per month; and wFIEREAS, the City Manager and Fire Chief having recommended that the Fire . Department employee in the classification of Fire Protection Engineer Associate who is assigned to perform the specialized duties of Fire Prevention on a 40-hour work week schedule should receive assignment pay of $40.04 per month; and wI~EREAS, the City Manager and Fire Chief hav~.g recommended that the Fire Department employee in the classicatian of Fire Inspector Specialist who ~s assigned to . perform the specialized duties of Fire Prevention on a 4~Yhour work week schedule should receive assignment pay of 30~.0~ per month; and wI~EREA., the City Manager and Fire Chief having recommended that the Fire Department employee in the classif~catian of Emergency Management Program Manager who is assigned to perform the specialized duties of Frnergency Management for the City of Denton on a 40-hour work v~eek schedule should receive assig.ent pay of ~00.0~ per month; and w~EREA} the City Manager and Fire Chief having recommended that the Fire Department employee in the classification o~f Fire Recruitment Management Analyst who is assigned to perform the speclal~zed dunes of Recruitment an a 40-hour word week schedule should receive assignment pay of 5~D.~0 per .oath; N~, T~IEREF~RE,  aw ~ws.4~,w~.c~*r ys..>. ~ ~ ~..r.-,,.. ,?~..,b. y. 4.... w, , - - - .:,~;;m.,^ - r~i`.+w:cia''~..'•~r~'w~4l~o-rl~~~~ ~ .:dC?i# x: ~r~H`J~~'i THE COUNCIL ~F THE CITY OF DEl1~'I'N HEREBY RDAIl~; ECTI~I~ 1. ordinance ~~~~-~91 and ~ prior ordinances or resolutions of the City of .Denton, Texas, ~n conflict herewith are repealed to the extent of any such con~.ict. ECTIIV The Fire Department employee in the classification of Deputy Fire Chief who is assigned to perform the specialized duties of supervising the Fire Department's operations Division an a 4a-hoar work week schedule should receive assignment pay of ~a0~~~ per month in addition to the regular monthly base salary of Deputy Fire Chief. ECTI~IV The Fire Department employee in the clasi~.cation of Battalion Chief' who ~s assigned to perform the speclali~ed dudes of super~~s~ng the Fire Department's Training Frogran~ as the Fire Department's Training Chief on a 4~-hour work week schedule should receive assignment pay of ~~~.~0 per month in addition to the regular n~anthly base salary of Battalion Chief. ECTIDN 4. The Fire Department employee the classification of Battalian Chief who ~s assigned to perform the speclal~zed duties of superv~s~n the Fire Department's Emergency Medical services Program as the Fire Department's Emergency Medical services Chef an a 40- hourwork week schedule should receive assignment pay of ~0~.0~ peg .onth in addition to the regular monthly base salary of Battalion Chief. ECTI~N 5. The Fire Department employee classified as Battalian Chief Resource Manager who ~s assigned to perform the specialized duties of Resource. Management on a 4a- hour work week sh.l receive assignment pay of $~~4.~~ per month in addition to the regular . rrianthly base salary of Battalian Chief. ECTIDI~ The Fire Department employee classified as Fire Captain . LogisticslMaintenance ~fflcer who is assigned to perform the specialized duties of Logistics and Maintenance of Fire Department apparatus and equipment and supplies on a 4~-hour work week shall receive assignment pay of 5~~.~0 per month in addition to the regular monthly base salary of Fire captain. ECTI~]~ 7. The Fire Department employee classified as Fire Captain-Training officer who is assigned to perform the specialised duties of training on a 4~-hour work week shall receive assignment pay of S~O.aO per month in addition to the regular monthly base salary of Fire aptain. ECTI~N S. The Fire Department employee cla~sifled as Fire Marshal wha is assigned to perform the peclall~ed duties of Fire Freventlan on a 4~-hour work week shall receive assignment pay of ~0.~0 per month in addition to the regular monthly base salary of Fire Marshal. 3  y ~ - ...~.sa~v,;>m_.rai~r.,i^x~1~,..t..aEs~,fi}s :.Jf.,o~wL4~6X~~s..,.a~..w`y6.zinc-.x3Cxr~4'x.~nxrPx'-~,ia~'RY~w.:. ~~t~.: ~,~~~.~SC ~r:IG:.:1i-3+ir,c~,.: ;.sr '.;_~.a,c; s-~':'.:~~.::.:~ •~;sS :-,a?_....:..:« ss..+S7r:a..ai~ierk'lc:-aci':ti,:iu' jr:.:.~{ti:~'~:c%~ti ~:rt ~iW._:&a>W_»,~; ~.'syk~w..t`;.:nai+.`:rtx~ ~x'ffi~y:.,::-.-~-~ ;::.-:~::~.~r;~'n~:~ F~TI~N~ . 'the Fire Department employee elassied as Assistant Fire Marshal who is assigned to perform the specrali~ed duties of Fire Prevention on 4a-hour warp weep shall receive assignment pay of X0.00 per n~on~h in addition to the regular monthly base salary of Assistant Fire Marshal. ETI~N 10. The Fire Department employee classified as Fire Protection Engineer Assac~ate who 1s assigned to perfar~n the spec~al~~ed duties of F1re Prevent~an an a ~0-hour work week shall receive assignment pay of 4~~.00 per month in addition to the regular monthly base salary of Fire Protection Engineer Associate. F1~TI~N 11. Fire Department employees classified s Fire Inspector specialist who are ~ . assigned to perform the specialised duties of Fire Prevention an a 4~-hour work weep shall receive assignment pay of $300.00 per month in addition to their regular n~anthly salary of ~ . Firefighter. ETI~N I2. The Fire Department ~ employee classified as Emergency 1Vlanagement Program. Manager who is assigned to perform the specialised duties of Emergency 1Vlanagement vn a 40-hour warp weep shall receive assignn~.ent pay of $500.00 per month in addition to the regular rrionthly base salary of Emergency Management Program Manager, ETIDN I3, The Fire Department employee classified as Fire Rec~uitlnent Management Analyst who is assigned to perform the specialized duties of Recruitment and Hiring ~on a 4~-hour work weep shall receive assignment pay of $500.04 per month . addition to the regular monthly base salary of Fire captain, ETI~N 14. This ordinance shall becorr~e effective imn~.ediately upon its passage and . approval. PASSED AND APP~~FD this the ~ day of , Zia. MARK A. BURRUHS, MA~~R ATTEST: JEM`ER wALTERS, CITY SECRETARY APPR~~ED AS T~ LEAI1 FARM: AMTA. BURE, CITY ATTORNEY BY: 4  Lo v~~~r s~,r.«7~.$-.o- '~okY4.p+kfr4~frh~s.~.-<+1,~.. ,,d,rs,a~.s+.sr.. >~~.r+rw?,•wR ..wr.ea,;...h£~.~ { s -n,v.t+-i-,=~~?~`wS-~+~-:_.,~r.::r_~~...w.n:.:NC:.:.._:r:~~;.~,~.:~:~:.N~:~.Y'_r: :~Nt"d_+<.%r,:~^r::'k.'lw.''r....''r~:~+F''x::;r:.:ti~~'.v~~s,~-~^~d:LtiY.sf,.Y::3~~....a-::~cdS7ilr#.~S ~Sw3~~'ca:~:w.~ii~lGUrL:~bYab;_,l:,E~'~W.~.~~"i~''. AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Texas Woman's University to pay for services rendered by the Police and Fire personnel during the TWU Triathlon; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $700 (Mayor Mark Burroughs, $100; Mayor Pro Tem Pete Kamp, $200; Council Member Charlye Heggins, $200; Council Member Jack Thomson, $100; and Council Member Moreno, $100) from Council Contingency Funds. Key provisions of the agreement me u e: ■ Funds shall be used by the University to pay for police and fire personnel and any other expenses for the Triathlon. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ~m,~ ~~y Y 6 F;. , ~ George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant k s:1o~r ~~cume~tsl~rd~aacesl491t~w triathlon.~.oc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORI~IN AN AGREEMENT BETWEEN THE CITY OF DENTON, TExAS ~ THE TEAS ROMAN' UNERSITY T~ PAY FOR SERVICES RENI]ERED BY THE POf,IOE AND FIRE PERONN.~L DURIN~r THE TAU TRIATI-~,~; PROVIDING FOR THE ExPENDITURE DF FUNDS; AIVD PRO~~IDIN FOR AN EFFETT~E DATE. HEREA, the City Oounci~ afthe pity of Dentan hereby finds that the Pra am and the Agreement bet~veen the O~ty and the Texas onaan' University ~"Un~versi " attached hereto and made a part hereof by reference the "Agreement"~ sexes a vaiid munici ai and ublic ose and P P p`p is the pubiic interest; NOS, THEREFORE, ~ OOUNTL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I . The findings set Earth in the preamble of this Ordinance are incorporated ~ . y reference ~nta the bade of this Ordnance a if fully set Earth herein. SECTION 2. 'The pity tanager, or his designee, is hereby authorized to execute the Agreement anal to carry out the duties and respansibi~.ties othe City under the A cement, ~.ciudin the expenditure of funds as graded m the Agreement. SECTION This Ordinance shall became effective immediately upon its assn a and p g approval. PASSED ~ APPROVED this the day of ~D~9. MARK A. BURROCJ~HS, N~AYOR ATTEST; JENNIFER SALTERS, CITY SEORETARY BY: APPROVED A TO LEGAL FORiVI: ANITA BURGESS, OITY ATTORNEY BY: c:kdocumeaty -d setrinp\-- noreUocd scttirLp\ftmpc-y intemet f0a\oontmtowW0k\2WWnp3l=v @w-two triathlon (2).doc SERVICE AGREEMENT BETWEEN THE-CITY OF DENTON, TEXAS AND i TEXAS WOMAN'S UNIVERSITY FOR THE TWU TRIATHLON This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation; hereinafter referred toes "City' ; and theTexasWomgn,s University, a Texas Non-Profit Corporation, hereinafter referred to as "University"; WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided fimds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties. hereto mutually agree as follows: L SCOPE OF SERVICES University shall in a satisfactory and proper manner perform the following-tasks, for which the monies provided by City may be used: The funds being provided shall be used by the University to pay for police and fire personnel and any other expenses for the Triathlon. IL OBLIGATIONS OF UNIVERSITY In consideration of the receipt of funds from City, University agrees to the following terms and conditions: A. Seven Hundred Dollars and no/100 ($700.00) shall be paid to University by City to be utilized for the purposes set forth in Article I. B. University will maintain adequate records to establish that the City fimds are used for the purposes authorized by this Agreement. C. University will permit authorized officials of City to review its books relating to the use of the $700 at any time for one year. D. Upon request, University will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. University will not enter into any contracts that would encumber these City funds for a period that would extend beyond the term of this Agreement. i ' c;~doc~unents and settin~sl~oonnnrslloca~ se~ingsl~empQrary Internet fil~slcot~te~t,~~tl~o~u~n~a~ls~rv ~.gr-twu triat~Ion ~2}.dac - . - ~ - F. n~~ersity will ~ appoint a representative who ll be available meet ~ City oicials when requested. - ~ - ~ . ~ ~ ~ III. TIME ~ER~~RIVIANC~ . . - ~ The ~er~.~es funded ~ pity ~ shall b~ u~de~ta:e~ end ~aleted y ~iv~rsity .ti tha ~ ~ . - - fvllo~ng time dame: - - . - The term ofthis Agreement shall conenee on the ee~~e date and terrntnate September 3~, uess the contract is soarer trm~nated under ect~un I "suspension or Ter.na~on". - . I~. PAYMENT - - P~~vT ~o ~N~srr~, lty shall pay to ~Jniverslty the sum specified in Article II after the effective date ofJthis Agreement. ~ - ~ B. E~~~s FAQ'. University sha~.l~ refund to ~ within ten ~l0} ~rnr~ing days of . ~ pity's request, any s of money which has been paid y qty and which pity at any time the~eaex determines within are year of the date of this Agreement: ~ ~ hay resulted i~ overpayment to University; or - ~ has not been spent strictly ~ accarclance v~ith the terms ofthis Agreement; ar } is not suppar~ed by adequate documentation to fully justify the expenditure. TE~ATI~N The pity nay terminate s Agreement for cause if L~versity violates any covenants, agreements, ar guaxantees of this Agreement, the University's insolvency ar filing of bankruptcy, dissol~u~on~ or receivership, or the ~'niversity's viola~on of any lam or reula~on relating to use of this 70a, ~I. 1JAL ~FP~TU~TY AND DiVIPLIAN~ V~ITH LA A. University sham comply with all applicable equal employment opparty and a~native aatian laves ar regulations. . . University represents and ~arrant~ that: i ~  1 44~L Lr c c:l~oc~me~ts end se~ing~lccoa~orsl~ocal se#~ngsltem~arary rennet ~e~lcon~ent.~r~tlo~kl2uump3lserv agr-~w films }.doc A. University has the power to enter ink this Ag~een~ent and accept payments Hereunder, and ~ taken all necessary action to authorize such acceptance under the terms and conditions ofthis Agree~en~ ~ - . ~ _ . ~ ~ v~I. CAE AID M~N~' . . . - y terat~~~s; ~ troy; -gar ~ e ~t~~ris to th~~~t~ns of this ~Ag~ee~t shad be by ~ . written a~nendrnent executed by bath pax~ies, except when the terms of this Agreement expressly . provide that another method shah be used. . B. ft is understood. and agreed by the pales hereto that changes ha the State or federal . laws or regui~ations pursuant hereto nay occur during the term of this Agreement Any such . modcation are to be automaticaiiy inr~orporated into this Agreement without written amendment hereto, and shah. become a part of the Agreement on the effective date spec~ied by the law or . ~ regulaon. I. ~ Il~D'IA~I~ ~`o the extent authorized bythe laws and ~anstitution ofthe State ofTexas far state envies, the University agrees indemnify, hold. harmless, and defend the ~ f TY, its o~cers, agents, an. employees from and against any and all claims or suits far injuries, damage, loss, or liability of whatever kind or character, arising out of or , connection with the perfor~.ance by the ~7~.versity or those services contemplated by this ~Agree~nent, including all such claims or causes of action based upon con~non, constitution ar statutory law, ar based, in whole or part, upon ahea~ans of negligent or intentional acts aflJniversity, its of cers,employees, ~a subcan#mc~tors, licensees and invitees . ~`I~~T ~F IRT A. University covenants that neither it nor any member ofits governing bady presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Uni~rerity f~,rkher covenants that in the performance of this Agreement, no person hav%ug such interest shall be . employed ar appointed as a member of its governing bady. B. relating to the ac~vities funded by this Ag~een~ent, university further covenants that na member of its governing bady ar its staff, subcontractors ar ernplayees shah possess any interest in ar use hislher position far purpose that is or gives the appearance of being matYVated by desire for p~.vate gain. far hi~nselflherself, or others; particularly Chase with which helshe has famf ~y, business, or other ties. o over,member, or employee of pity anti na member of its governing body who exercises any funcction or responsibilities in the review or approval ofthe un~.eaking ar carrying out of this Agreement shall prdcipate any decision relating to the Agreement which affects his ~  s v . ~:ldacents and se#~.ngsl~conno~'s11oc~ settin~sltemporary mtemet ~IeSICO~~ent.ou~oa~l~ulc~ump3lserv' ~g tvw tri~~hlon {2).doc persanai interest ar the interest in any corporation,partnership, ar asoo.~on in which he has direct or indirect interest. ~ . NOTICE - Any notice or other written instrument required or perrriitted to be delivered under the terms ofthis ~Agree~etit shall be dee.ed to hive be~e~ delivered, tither ~l reeive or nut, ~vheri - deposited in e united Mates mail, postage prepaid, registered or certified, ret receipt requested, or via hand-delivery ar facsie, addressed to University or City, as the case may be, at the faliov~ing addresses: CITY ~ UN1vE1~S~ City of Denton, Teas Dr. Richard Nf icholas Attn: City Manager dice president far Student Life ~ ~ ~ E, h~elney T~L~CJ A.th%e~cs Denton, T 7~~~I P.C. Eox 454 - Phone No:: ~4~:49.83~7 ~ Denton, T ~G2a~-~~ Fay lea.: 940.4.~~9I ~ phone No.: ~4~.88.23~8 p`ax Na. ~4a.89S.Z7'2 i Either party may change its mailing address by sending notice of change of address to the other at the above address cert'ied return receipt requested. . ICELLANE~tJ A, ~Jniversity shah not transfer, pledge ar other~ise assign this Agreement ar any interest therein, ar any claim arising thereunder to any party ar parties, bank, trust company or other financial institution without the prior written. approval of City. B. Ifany provision ofthxs Agreement is held to be inva~xd, illegal, or unenforceable, e remaining provisions shall remain in fu%1 force and effect and continue to conform to the aril intent of bath parties hereto. In no event shaiX any payment to C7niversity hereunder, ar any other act or failure of City to insist in any one or mare instances upon the terms and conditions of this Agreement conti- tute ar be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by University. neither shall such payment, act, ar omission in y manner impair ar prejudice any right, paver, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, priv~.eges, or remedies are always speci.~ tally preserved, No representative ar agent of City may waive the effect of this provision. D. This Agreement, together wx referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other conitinent occurring during the term of this Agreement or subsequent a  1v~ AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Juneteenth Committee for supplemental funding for Juneteenth; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $1,250 (Mayor Mark Burroughs, $150; Mayor Pro Tem Pete Kamp, $200; Council Member Charlye Heggns, $200; Council Member Jack Thomson, $200; Council Member Chris Watts, $100; Council Member Moreno, $200 and Council Member Joe Mulroy, $200) from Council Contingency Funds. Key provisions of the agreement include: ■ Funds shall be used by the Juneteenth Committee to provide financial assistance for the cost of children's games, entertainment, gospel night and basketball tournament for the Juneteenth celebration. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ~m,~ ~~y Y 6 George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant s:lour documentslordinanc~s1~91~uneteenth s~vc agr.doc ORDINANCE AN ORDIl~ANCE OF THE CITY OF DENTON AUTHORI~IN AN AC~REEII~IENT ~ETEEN THE CITY OF DENTON, TEA, AND THE JUNETEENTH COMMITTEE UPPEEENTAL F~NDIN FOR J~]NETEENTH; PRO~"IDIN FOR THE EENDIT[~RE OF FUND; AND ~R~IDINO FOR AN EFFECT'E DATE. I~REA, the Juneteenth Ca~nittee {the "Con~.nittee"} will hold the Juneteenth {the "ErograYn"} event on June 20 and 21, 20a9; and ~HEREA, the City Council of the City of Denton hereby fends that the Fragraln and the Agreement between the City and the Committee attached hereto and made part hereof by reference {the "Agreement"~ serve a munlclp~ and pb~~c purpose 1nCluding the prolnotl0n of tounsln and economic development and the Agreement is in the pubic interest; NOS, THEREFORE, THE COUNCIL OF THE CITE' OF DEN'~ON HEREBY ORDAIN: SECTION ~ . The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fu1~y set ford herein. EC~'ION The City Manager, or his designee, is hereby authorised to execute the Agreement and to exercise a~~ rights and duties of the City under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION This Ordinance shad become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 209. MARK A. BI~RRO~J~HS, MAYOR ATTEST: JENN~'ER SALTERS, CITY SECRETARY BY: APPROVED AS TO LEOA.E FORM: ANITA BURGESS, CITY ATTORNEY . ~ ~ BY. ~  i c:ldacents and setkin~slanc~ewVacal settingslteraparary int~n~t ftl~slcantent.ou~ooklfn~vfpljuneteentb~ sexy agr ~2}.dac EVI~E ~►~~EEN,N~T BETWEEN THE ~ ~ DEi~T~N, TES AND T~iE JU~TETEENTH ~~TTEE _ _ . } _ - -.Thiel Agreement is h~re~b~r entered into -~-and betwe~en~ the ~it~. of Denton; .Texas; ~ once _ yule 11~un~cipal corporation, hereina~er referred to a'~ity'~, and ~uneteenth ~vn~mittee, a Texas on,Profit or~oration, hereinaer referared to as "om~ttee"; IKEA, 1t~ has determined that ~.e proposal far ser.ces n~er~ts a~ssrstance and can provide needed services to citens of its and has pra~rided funds in its bud et for the ose of paling for contractual services; and i w~EA, this Agreement serves a valid municipal and public purpose and is ~n the public interest; TF~RE, the parties hereto n~utuall~ agree as follows: APE ~F CIE Co~.ttee shall ~ a satisfactory and proper manner perfonn the follawing tans, far which the monies provided by i mad be used; The funds being provided shall be used b~ the Con~n~ittee to pro.de financial assistance for the cost of children's games, entertainment, gospel night and basketball tnurnarnent for the ~uneteenth celebration. . OBLIATION ~1VIlVIITTEE In consideration of the receipt of funds from City, anttee agrees to the fallowing terns and canditions: one Thousand, Two hundred Fib Dollars and no~~~4 ~ 1,~5~~~~} shall be paid to ~omrnittee b City to be utilized for the purposes set forth. ~n Article I, amniittee wig maintain adequate records to establish that the pity funds are used far the purposes authorized by this Agreement. Com.ittee wrll permit authorized afficla~s of 1t to review its boobs at any tune. Upon request, omn~attee will provide to city its By Laws and any of its rules and regulations that may be relevant to this Agreement. Committee will not enter into an~r contracts that would encumber C~ funds for a period that would extend be~rond the terra ofthis Agreement. ~~ld~cuments and sett~gslancbewVocal s~tt~ngslber~sy inte~net f~eslcont,autloo~Clmlv#`plj~neteen s~rv age {2}.doc onnnittee will appoint ~ representative who will be available to meet with pity officials when requested. fir. onunittee will submit to pity copies of year-end audited nncia~ statements. T~ PEO~A~~~ The services funded by pity shall be under~n and completed by Conu~ittee within the following tine frame: The term of this Agreement ~haii connncnce on e effective date and terminate upon the cornpletian of the ~uneteenth, unless the contract i stoner terminated under ectian VII r'uspensian or Ter~nin.ativn". I~. PAY~NT A. PA~~rs ~ro ~1VITTEE. pity shall pay to Committee the sum specified . Article ~ aver the effective date ofthi A.greenaer~t. B, E~c~s PA~~`. ~on~naittee sha11 refund to City with%n ten working days of City's request, any sum ofn~oney which has been paid by City and which City at any timo therea~er - determines: ~ } has resulted in averpay~ent to Conunittee; ar 2} has not been spent strictly in accordance with the terms ofthis .Agreement; or is not supported by adequate documentation to fully justify the expenditure, . E~AI~~A'TION Committee agrees to par~ieipate ~ an implementation and n~a~intenance system whereby the services can. be continuously monitored, Committee agrees to make a~ailabie its financial records for review by City at pity's discretion, In addition, onunittee agrees to provide City the following data and reports, or copies thereof: - A. All external or internal audits. an~.ittee shall submit a copy of the annual independent audit to pity within ten ~1 days of receipt. B, Ail external or internal evaluation reports, An explanation of any major cha~ages in program services, I~. Ta comply with this section CanYittee agrees to maintain records that will provide accurate, current, separate, and complete disclosure afthe status offunds received andthe services performed under this Agreement. Co~ttee's record system shall canto sufficient docuentaon Page ~ of 7 c.VWm =M and settingsVoVormy mbemet f leslcontentoudook\fn2mlvfp\junetemth serv agr (2).doc to provide in detail full support and justification for each expenditure. Committee agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. _._........._....-...----.-.--E..._._.._Nothing--in-the-above--subsections shall.-be-.construed- ta-relieve-Committee-.of. responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Committee shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Committee understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Committee's governing body shall be available to City within ten . ( 10) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if Committee violates any covenants, agreements, or guarantees of this Agreement, the Committee's insolvency or filing of bankruptcy, dissolution, or receivership, or the Committee's violation of any law or regulation to which it is I bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Committee shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Committee will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of Committee's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Committee may be barred from further contracts with City. IX. WARRANTIES Committee represents and warrants that: Page 3 of 7 c'Wocument4 and -ftm oa &XWdocal wttinMVMV%M {aftmet ffldWOntentou1loo k1ffi2m1vfPyuneteenth seav ag, (2).doc A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. ---An rtin financial statements-heretofore requested-by City Y suPPo g -and furnishedrto - - - - = City, are complete, accurate and fairly reflect the financial conditions of Committee on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Committee. C. No litigation or legal proceedings are presently pending or threatened against Committee. D. None of the provisions herein contravenes or is in conflict with the authority under which Committee is doing business or with the provisions of any existing indenture or agreement of Committee. . E. Committee has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Committee are subject to any lien or encumbrance of any character, except for-current taxes not delinquent, except as shown in the financial statements Punished by Committee to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the. Agreement on the effective date specified by the law or regulation. C. Committee shall notify City of any changes in personnel or governing board composition. Page 4 of 7 c:ldacuments auc~ s~t~mgslanc~h~r~l~acal se°t~gsltemporary Internet fileslcanten~aut~oo~lfn2mly~pljunetee~r~h s~v agr ~2},doc T~DEViFiCATZ~I~ To the extent authored by 1aw# the Committee agrees to indemnify, bald harmless, and defend the CITY, its officers, agents, and ernplayees franc and against any and . claims or suits for injuries, - ~ dae,--~ass, .or. ~bili ~of~ v~tever..d. _ar....character,--arising a~ut-cf or in eoaec~on --with. th~~. . performance by the Committee ar those services contemplated this Agreement, including such dims or causes of action based upon Cona~non, cons tonal or statutory law, or based, in whole or in part, upan allegaations of negligent ar intentional acts of Conunit~ee, its ocers, employees, agents, subcontractors, licensees and invitees, I, C~I~ICT F I~TST A. Committee covenants that neither it nor any member ofits avernin bad esentl y~ ~ has and interest, direct or indirect, which would confllct m any manner or degree with the perfarn~ance of services rewired to be performed under this Agreement. Con~ttee rther covenants that in the performance of this Agreement, na person having such interest shad be err~ployed ar appointed as a member of its governing body, Committee fisher covenants that no member of its governing body or its staff, subcontractors ar employees shall possess any interest in or use hislher position for a purpose that is ar gives die appearance ofbein navtivated by desire for private gain for himselfTherelf, or others; . particularly those wig which helshe has family, business, ar other ties, ~Vo a'icer, member, ar employee afCity and na rr~ernber of its governing body who exercises any function or responsibilities in the review ar approval ofthe undertaking yr carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation,partnership, or associa~ian in which he has direct ar indirect interest. . NOTICE Any notice ar other written. instrr~nent rewired ar permitted to be delivered. under the terms of this Agreement shall bedeeed to-have been delivered, whether actually received or not, when deposited in the United States nail,postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsimile, addressed to Committee or City, as the ease may be, at e fallowing addresses CCTV C~~TT~E City of Denton, Texas Juneteenth Committee Attn: City Manager Attn: Nikole Chew-Janes ~ 1 E.1VIcKney X21 N'. ~ Street Denton, T '7~~a I Denton, TX 7~a 1 ~"ax No. 9~0.49.5~91 Page 5 of 7  i c:ldocn~ and seri~g~lanc~ewllacal setfingslnpat~ry ~ntern~ fi~eslcnnt~n~.a~tlaaklfn2mlvfplj~netee~t~ serv agr ~~},~.oc APPROVED ~ T LEGAL F~Vi: ANITA ~TRES~ CITY A'~I'~RNE~Y B`Y: ~ JU~ETEENTPI ~~T'TEE B~; SAME; ~ ~ TITIrE: ~ i ATTEST: ~Y: SERETAI~ Page'? ~f7  i AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider approval of tax refunds for the following property taxes: Name Reason Tax Amount Year 1. Beebe Gerbosi Inv DCAD Supplemental Change 2006 $1,389.40 2. Beebe Gerbosi Inv DCAD Supplemental Change 2005 $1,141.18 3. Beebe Gerbosi Inv DCAD Supplemental Change 2003 $1,228.48 4. Golden Corral DCAD Supplemental Change 2006 $ 563.50 5. First Bank and Trust DCAD Supplemental Change 2006 $ 676.64 BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. The first refund for consideration is attributed to a decrease in the value of the land assessed for Beebe Gerbosi Inv, LLC. This decrease in value impacted tax years 2003, 2005 and 2006; thus resulting in a decrease of $3,759.06 for those tax years combined. The next refund is the result of a change in appraisal for the property of Pop Restaurants, LLC, for the Golden Corral restaurant. The change in property assessed value resulted in a tax refund of $563.50 for the 2006 tax year. The final refund is also due to a change in appraisal for First Bank and Trust. The change in property assessed value resulted in a tax refund of $676.64 for the 2006 tax year. In August 2008, the City Council entered into an Interlocal Agreement with Denton County to process refunds in all tax years. Currently, the City and the County are in the final stages of the tax data conversion. When this process is complete, the County will administratively handle the processing of all refunds. Agenda Information Sheet April 21, 2009 Page 2 FISCAL INFORMATION The tax overpayment revenue fund would be reduced by $4,999.20. Respectfully submitted: -"-~y ` < i ,y Bryan Langley Director of Finance 1 AGENDA INFORMATION SKEET AGENDA DATE: April 21, 2009 DEPARTMENT: Economic Development/Downtown Development CM: George C. Campbell SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Virginia C. Hamilton from the Downtown Incentive Grant Program not to exceed $10,000; and providing for an effective date. (The Economic Development Partnership Board recommends approval 6- 1). BACKGROUND Applicant: Kenneth Tippie, Property Manager for Virginia C. Hamilton, Owner Dallas, Texas City Council approved the Downtown Incentive Reimbursement Grant Program on April 3, 2007, and allocated $50,000 to fund the program for 2008-2009 fiscal year. Key elements of the policy are: • Grant funds are a 50:50 match and are reimbursed upon receiving proof of expenditure and completion of work. • Certain redevelopment activities are eligible for grant funds. o Fagade Rehabilitation o New Awnings and Signs o Impact Fee Reimbursement o Utility Upgrades • An applicant is defined as an eligible property within the Downtown Central Business District. A single owner of multiple properties may apply for grant funds for each property but may not receive more than $50,000 per property. • Projects are considered based on: o Compliance with current building standards o Perceived need for proposed renovations and historical accuracy o Design quality o Compatibility of design in relation to other buildings o Project compatibility with streetscape objectives o Project compatibility in relation to Downtown Development goals o Proximity to Courthouse-on-the-Square • A process for project review, recommendation and approval are defined. o City staff review o Downtown Task Force review and recommendation o Economic Development Partnership Board review and recommendation o City Council review and approval 1 1 ~ ~ M ~y ` , ~ N~ , t ~ 4, ~ ~ ~ s tu. 1 Aw J 4 I ' k d f ~ ~ Y ~ h ~ 1~ J i y 4 ~w, d ~ ! ~ ~ P4. 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P!t~_fi ~4 ~L(C~G A. ..m... .nom ~u ...d _.y:':....., r J, ~ k ~ f'~ 1. i P p d~CLQ~~~',r~f~~~ ~ s ~ a'~~~~8~~9~~w. ~ .,~tf~I>~,fJS ~`tlsl, Ynl ff ~ii,t'.~,~1'.~ ~ ~mrggpp@s~~~~',~ ~ Aygpyj~ B ~4~ 4~~ 'r. f PnkS)~~ ~to Ch Aid 6. ~~`Y ~Y, - ~L._~_ . _ n ' ,3' ~ ~ ~ F d } ~ ~ n ~ ~ ~ C ~ ~ 1 h' P 1'. ~ ~ 1 ~ 1 f ~ F~ { ; fi r j i, R~ ~ ~ ~ ~ 6 i ~ F P i E~l,fiJ~~ C z. 1 .r i d s~~' S~~~,~~`,~yf~;t~1`.ge~e~~k~4~~~i?~.1~~ ~p~~~~~~. " " " ~y ~ R C ~a „ a ~m ..~Y,4 FY, ~ .T,~u ~ ,..,.w, m ~ ~M ~ r _ ~ ~ ~ r 1 ~ ~R n~ ~  ~ , ~ ~ :..b ~ti. .r T ' of I I 1 DOWNTOWN INCENTIVE REIMBURSEMENT GRANT PROGRAM APPLICATION Please return completed with necessary attachments and signature to Downtown Development office, 215 E. McKinney no later than 5 p.m. on the Monday prior to the V Wednesday of each month. If you have any application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at 940-349-7732. ♦ ApplicantName]ENNrTN F. -ripple Date ♦ Business Name krt~)t2F"Tq 'i' i ppt - ~yQppERrY /1rl ~N146c~MENT ♦ Mailing Address 8 PO7IO/YMC 4 VF - n 14 L L /15 ~ T X - *7,52, 0.9 g6,2 7 ♦ Contact Phone_ a J y - 0-0/03 Email Address /K i aple e ba r1er, n d ♦ Building Owner (<fdierenrfrom applicant) _ I G t/U 1 A 4,9MiLTD/V ♦ Historical/Current Building Name ♦ Physical Building Address 10 CJ L M ♦ T e Work- (check all that apply) - FaGade Rehabilitation _ Facade - Paint-only Awnings _Signage _ Impact Fee _ Utility Upgrade ♦ Details of Planned Improvements for Downtown Incentive Reimbursement Grant: (attach additional pa r if necessat)) 1-15%A x @Ci` List Contractor/Project architect Proposals and Total Amounts (please attach original proposals): U 92 41 9 Q, 2. OC2 . ♦ TOTAL COST OF PROPOSED PROJECT: ~ 7 1 , Liao. ♦ AMOUNT OF GRANT REQUESTED (50% OF TOTAL COST ABOVE): A ~6 , 1 OO Attach with all required color samples of paint, airning/canopy, sign design, etc., as we// as photographs of building's exterior facade, roof and fotntdation. Applicant's Signature Date 10 of 11 S1lncendw Pmgr=lDo%-=u t==v 6ne-n Prvgr= Appli:arionAm ~ . , ~ <<~ ti - w x e ~ I E , ~ ~ , . , ~ w ~ ~ ~ I I. ....=m~~~ _s-:..._ _ .mHW ~ ~__.~_.~u_...~._ ~ _ ~a~........ W ~ Y M Am. I 1 ~~m._. y K ~ _ _r..r.~___ _,..~..~G .ll ..m._t. ~ iy ~ r ~ _,.~~m.._ m~.m.~LL~ 1~ I ° k i~f ~i ~ ..W~ m._-_. c r 4 c u_ ~,m. _..u. 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E pf, gym, - ~ y , ~ ~ i 14' N~}s~ ~ ~ ~ 6,."~ , vu ivy. , i . ~ ~ ~ ~ a qua , ~ ~ ry a r 3t" , ~ ~ ~ . 1 ~ i~ ' ' iP. F= e a m ~ ' ~ ' ~ : r" Yt r, z ~ v r ~ , ~ a ~ y a' +d ~ti elm ~ r 7 " ,1,~w k~" ~ 6 ' ~ i a~ Wei ~ r~i 1 q t t r$ ~ 11 yr ~ 1 ~ , N . .,t~..,,~.,,....~ w...,.,~.,, ,~~..:..,...„,_..~...a.'., .,..~~~m, ,m_~....,....~~' ~F.,w,,. ....,.w„ ~.w, ~~.~,,,~...._w..u...,,.~ M1,r~; * ~ 1~~~[ 1 g ~ ~ ~ l~ R a ~ 4~~,{h' ~ , a W~ ~ x s e ~ ~ , t ~ ~ ~ ~ a . ~ ti,,~ w~,~.~ ._ro wu n ~~~C I~4, ~ I 1~" ft ( ` ~ ~ ~ i ~'i`Jrja ~ { lµl~fq-~~~~.f~~ g ~ _ ~w~' ~~s;i ~ C~3 E9~~~1 d ~ ~ d f~ sh~1t ~ x?~~ X31 ~ [~-:.iii .,.t ~d,I"1'1i~. ~.?~-''~'~°l~,.r~..°~iE~'"~,~ ~_dr',f.~o~1(1d14f.`fi4 ril'1f; ll~~~:°~t.St.~" , - ~ ~ ~ t V~~ ~d-.' i.. i6 ,pi 1 ~~r~G % ~,s~~~=~d ~ i~ps~.~:a ~°r ~l ~~~t a~d~.,V i~~~ r.f ! Itl ;.l(I~` ~~I ~l,' ~,.~r~~i V..'n~_dl},~",. I~1 )1' t~~°.~~~~'id 1'i q~v ~ p ~ yy . E.,~ C~ 4~ d + :a r 1 C: o qre Y 1 fr ~ a n s o r~ pp I~~~-. ~ ~~,~~.~~~~~a ~~~4 ~»~ce~~~~~~~~i~~f`;k~t ~ n~~l~ z~G~if ;.~ulf~~~"~G,~~l "1~~~~~~4,,,~h1~'i d"y f ~ r_'~t o~ a py{ yy¢¢ yq ~ ~ 1 ~~i~41r Flula t 9~ yd r d 4i~d" 1 7 ~ "k sR ,.,,II f ~ q W~ ~ I ~ hl<<.; 7 1 .f. ~I~_y4 r ~ i B~ .P i,~ duel d '~.:i~ 9.~~ C:d R f ~ r~°l lal,°~ ~ i ~ i ~ l~~i~ ~k1 y~~° 4 R4i ~"k ~ `~~f fi.ki`~~ ,,I.jj d~'ryY~_ I B?~~f~44 z ~ f1,1, f.l~ ~~..,p f~ ~~~p~~fl~~:~~ll ly ~ Y" ' ~~~+''YE~„,°~a~'Uf~l ~~,°~I~~~ ~.~J~,1 ,`d "',~C ~dt~ ~Plt' b;~ ~i~~Y ~i~ ~ d,o . ~ ~ h ,~_.ti ....n_m~~ AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tom Shaw 349-7100 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of landscaping and sod replacement services for various City Departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4258- Annual Contract for Landscaping/Sod Replacement Services awarded to Grey Construction in the annual estimated amount of $110,000). BID INFORMATION This bid is for the annual contract to supply landscaping and sod replacement services for various City departments. The services are needed to repair damage to yards and landscaped areas resulting from utility excavation or other City crew activities. RECOMMENDATION Award to the lowest responsible bidder, Grey Construction in the unit price amounts shown on the attached tabulation sheet for an annual estimated amount of $110,000. PRINCIPAL PLACE OF BUSINESS Grey Construction Arlington, TX ESTIMATED SCHEDULE OF PROJECT This is an annual contract which can be extended for two additional one-year periods with all pricing, terms and conditions remaining the same. FISCAL INFORMATION: Funding for these services will come from individual department accounts, as the services are needed. Agenda Information Sheet April 21, 2009 Page 2 Respectfully submitted: e~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet 1-AIS-Bid 4258 EXHIBIT 1 BID # 4258 Date: March 12, 2009 ANNUAL CONTRACT FOR LANDSCAPE/SOD REPLACEMENT SERVICES NO. DESCRIPTION VENDOR VENDOR VENDOR Stallion Grey Classic Construction Construction Landscapes Principle Place of Business: Alvord, TX Arlington, TX Denton, TX I. SOD A. Bermuda 1. Tex Turf Unit Price per sq. yd. $2.15 $2.15 $3.75 2. Common Unit Price per sq. yd. $2.22 $2.25 $3.75 3. Tiff Unit Price per sq. yd $2.22 X2.30 $3.75 B. St. Augustine 1. Type /Unit Price per sq. yd. Raleigh $3.00 Raleigh $2.95 Raleigh $4.00 2. Type /Unit Price per sq. yd. Palmetto $3.21 Palmetto $3.20 NO BID 3. Type /Unit Price per sq. yd. Delmar $3.30 Delmar $3.75 NO BID II. LABOR/EQUIPMENT A. Worker hour per worker hourly rate $27.00 $15.00 $20.00 B. Hourly rate for skidsteer loader $so.oo $20.00 $50.00 C. Hourly rate for tractor $so.oo $35.00 $50.00 III. MATERIALS Ground preparation materials: Topsoil, mulch, compost, gravel, etc. 10% 12o~io 2o~io (Cost + IV. PLANTS Shrubs, trees, flowers, ground o 0 0 o io io 12o io 20 is cover, etc. Cost + /o) ORDINANCE N0. CONSIDER ADOPTION OF AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF LANDSCAPING AND SOD REPLACEMENT SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4258-ANNUAL CONTRACT FOR LANDSCAPING/SOD REPLACEMENT SERVICES AWARDED TO GREY CONSTRUCTION IN THE ANNUAL ESTIMATED AMOUNT OF $110,000). 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 4258 1-4 Grey Construction Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidders} 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 4258 EXHIBITA BID # 4258 Date: March 12, 2009 ANNUAL CONTRACT FOR LANDSCAPE/SOD REPLACEME~ NO. DESCRIPTION VENDOR Grey Construction Principle Place of Business: Arlington, TX I. SOD A. Bermuda 1. Tex Turf Unit Price per sq. yd. $2.15 2. Common Unit Price per sq. yd. $2.25 3. Tiff Unit Price per sq. yd $2.30 B. St. Augustine 1. Type /Unit Price per sq. yd. Raleigh $2.95 2. Type /Unit Price per sq. yd. Palmetto $3.20 3. Type /Unit Price per sq. yd. Delmar $3.75 II. LABOR/EQUIPMENT A. Worker hour per worker hourly rate $15.00 B. Hourly rate for skidsteer loader $20.00 C. Hourly rate for tractor $35.00 III. MATERIALS Ground preparation materials: Topsoil, mulch, compost, gravel, etc. 12o~io (Cost + IV. PLANTS Shrubs, trees, flowers, ground o 0 12o io cover, etc. ~ Cost + /o } AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune G'~~r~± SUBJECT Consider adoption of an ordinance awarding a contract under the Buy Board program for the purchase of two bucket trucks with aerial devices; providing for the expenditure of funds therefor; and providing an effective date (File 4300-Bucket Truck with Aerial Device awarded to Southwest International, Inc. in the amount of $206,684.10). The Public Utilities Board recommends approval (5-0). FILE INFORMATION In June of 2007, a contract was awarded to Grande Truck Center/Terex Utilities for the purchase of two bucket trucks in the amount of $127,400 each for a total cost of $254,800. Over the past two years, the trucks have been out of working commission for over 1200 hours due to bucket arm malfunctions. The control on the aerial bucket devices failed to respond to manufacturer specification requirements, creating a major safety factor. Throughout the warranty period, the factory repair center tried to correct the problem to no avail. Repairs would appear to correct the problem for time periods of two to three months-each time with no indication of a continuing problem. The problem has continued and is currently not corrected. Therefore, due to safety and cost factors, the two units have been taken out of service. This performance issue and alternatives have been discussed on numerous occasions with Terex service representatives and representatives from City of Denton Fleet, Denton Municipal Electric (DME), Purchasing and Legal departments. Based upon the expiration of the warranty period, the cost to continue to pay for repairs, the cost of rental units, the inability for satisfactory repairs to be made, the loss of DME efficiency, and above all, the safety of DME personnel, staff has determined that the replacement of the units with a different manufacturer's truck and trade in of the Terex units is the best strategy for the City. Southwest International, the recommended selling dealer for the replacement trucks, has offered $45,000 each in trade value toward the cost of two new Altec Aerial Lift Bucket Trucks at a cost of $148,342.05 each for a net replacement cost of $103,342.05 or $206,684.10 total. Agenda Information Sheet April 21, 2009 Page 2 FILE INFORMATION(CONTINUED) Each of the two replacement vehicles will be an Altec Model AM55, with a single person bucket, a working height of 55 feet, a full service body, and is mounted on a 2009 International cab and chassis. The units are powered by a 245 hp diesel Tier III engine that complies with EPA and TCEQ regulations for vehicles of this size. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its April 13, 2009 meeting. RECOMMENDATION Award the purchase of two aerial device bucket trucks to Southwest International, Inc. in the amount of $206,684.10. PRINCIPAL PLACE OF BUSINESS Southwest International, Inc. Arlington, TX ESTIMATED SCHEDULE OF PROJECT Upon issuance of a purchase order, delivery of the truck should be within 180 days. FISCAL INFORMATION The two trucks will be funded from the following account numbers: Acct# 602500605.1355.3920 in the amount of $103,342.05 and 602501605.1355.3920 in the amount of $103,342.05. Requisition# 92850 has been entered in the Purchasing Software System. EXHIBITS Exhibit 1: Buy Board Price Quote from Southwest International, Inc. Respectfully submitted: ~„"`"'r' f` _ ; e~--~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4300 Exhibit 1 ~ ~ ~ ~ ~ ~ ~ ~ gg~« T ~`a,a•~ L.,,~~kK~.c. . " ~8~5~u' ~~F~iwk..: . ~~s Ta~lj~~°`al°6'n"k''bd'd~: Y~c.'ttt0f16Aw, sa LdIY.;,.s ;'+~p'PN'4Ff'v~' . . 4 ~N .~W..WW:.w. , , • .I+ w; MAY Mn49i4,01i,6aVa. ':ie. a ~ flMRR~°~°a ?f4 lnmtmSmm9➢➢Jfl1f7~ xewaaut • ' • Y"r%3NYA9JAG4 ~ i i nei~nisrrm~ rar+r«~N+N+r~n _ _ . . . . ,w,,,......,»m,........~; . ,-:xh~~ rrru.:.~....r...,....~.,,:... ' if $BHLCr'. ~w.""'~y..'1~."AEOW6NN0%AfIXIX000(dE0w4NpLa~ . ~ ~Y161XOOOM:W'iµwLi6LC5~.•.• a ~ . ~ ~ yam. yip yy~~p ypp4~p~y ~qp'~g, .........++r M '!COIX'WW ~q'~0('.6'9 F L ~ M" M~IJYYYYWII.MM!N ti'.[~,: .1:x. .~(M7~!l . ~H.. . ~'d . . a t ~..,..:~:..~,..k , ~j,~aig~ ~'N:~pa~@spg~@ .:m,..,,,......,,.,..,,~~.uw osmov~o~!,~.ww....,~,,,^~.wvvsomeem~N~' tl,Y~, ~o F""1V FXei .~~i9 N. w ,..dS. AOCYAP'gWDD00AW°PMrw^w`W"° .h 7 a ..a~ mow. :.I . . , _ _ _ . . ~ ~ x _ ~u _ ~ ,p~ Ong ¢±q 3i ¢J'yp ~ •~a gp~j~" ~~xi"a. ~ ~~0,.",i~~ ~~A ~~4°~nY Bilki"~7!'~$7N~~wl . .tea. . ~ ~r ~ 7~i. ls➢^,~N^ ~~,s%~'.~~~~~'.. gNV$"~~7 ~~,,~N~J ~A ~Yad'~~fi7 ~ W~ .L a'✓~+~ R~~ ~HtiN'cf~.~~~ !~M'~~ ' - ~ . a irbr..>sti. ir~mvi!ra(444?Q?`~'r ~ Tl 4T~~ ~ a~ ~ t'X~F! ORDINANCE N0. AN ORDINANCE AWARDING A CONTRACT UNDER THE BUY BOARD PROGRAM FOR THE PURCHASE OF TWO BUCKET TRUCKS WITH AERIAL DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4300-BUCKET TRUCK WITH AERIAL DEVICE AWARDED TO SOUTHWEST INTERNATIONAL, INC. IN THE AMOUNT OF $206,684.10}. WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4300 Southwest International, Inc. $206,684.10 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY _ . ~A r°r` BY: 3-ORD-File 4300 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 April 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Vice Chair of the Public Utilities Board thereafter convened into a Open Meeting on 7 Monday, April 13, 2009 at 9:04 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11 Grubbs 12 13 Ex Officio Members: 14 George Campbell, City Manager 15 Howard Martin, ACM, Utilities 16 17 Absent: Charldean Newell, John Baines, both excused 18 19 CONSENT AGENDA: 20 The Public Utilities Board has received background information, staff's recommendations, and 21 has had an opportunity to raise questions regarding these items prior to consideration. 22 23 Vice Chair Dick Smith pulled Item 1 for individual consideration. 24 25 ITEMS FOR INDIVIDUAL CONSIDERATION: 26 27 1 } Consider recommending approval of the adoption of an ordinance of the City of Denton 28 authorizing the city manager or his designee to execute a purchase order through the Buy 29 Board Cooperative Purchasing Network for the acquisition of two bucket trucks with aerial 30 devices by way of an interlocal agreement with the City of Denton; and providing an 31 effective date (File 4300-Purchase of Two Bucket Trucks with Aerial Devices for Denton 32 Municipal Electric awarded to Southwest International, Inc. in the amount of $206,684. 33 34 Vice Chair Dick Smith asked for an explanation as to why the City was buying new trucks. 3 5 Mike Ellis, Fleet Superintendent, replied that the trucks purchased in 2007 were unsafe due to 36 equipment malfunctions and had been out of service twenty-five percent of the time and have 37 been deemed unsafe. Ellis stated that repeated efforts to contact the Manufacturer for a 3 8 resolution have met with no response. In discussions with the City Attorney's office, staff 39 learned that trucks do not have a lemon law, and that it would be economically prudent for staff 40 to purchase new trucks instead of seeking resolution through a lawsuit. 41 42 Board Member Phil Gallivan asked for the name of the manufacturer of the trucks purchased in 43 2007. Ellis replied the manufacturer is Terex. Gallivan next asked if the City would purchase 44 from Terex in the future. Ellis replied that it would not. 45 46 Board Member Bill Cheek moved to approve Item 1 with a second from Board Member 47 Phil Gallivan. The motion was approved by a 5-0 vote. 48 49 The meeting was adjourned by consensus at 9:43 a.m. 50 AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of GE JMUX Multiplexer for the Denton Municipal Electric Communications Division from General Electric Company which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4284-Purchase of GE JMUX Multiplexer for Denton Municipal Electric in the amount of $65,458.50}. The Public Utilities Board recommends approval (5-0}. FILE INFORMATION This item is for the purchase of two GE JungleMux nodes which will allow Denton Municipal Electric to provide backup communication paths between their two radio tower sites. This project is part of a larger Capital Improvements Plan package approved in FY 08-09 for communication improvements to the Electric radio system. General Electric Company is the exclusive distributor of the GE JMUX Multiplexer; therefore, this is a sole source acquisition. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, do not have to be competitively bid. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its April 13, 2009 meeting. RECOMMENDATION Approve the purchase of two GE JungleMux nodes from General Electric Company in the amount of $65,459. PRINCIPAL PLACE OF BUSINESS General Electric Company Burnaby, B.C., Canada Agenda Information Sheet April 21, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT The installation of the two GE JungleMux nodes is estimated to be completed by September 2009. FISCAL INFORMATION This item will be funded from account 602037495.1350.3970. Requisition # 92397 has been entered in the Purchasing Software system. EXHIBITS Exhibit 1: Proposal from General Electric Company Exhibit 2: Sole Source Letter Respectfully submitted: { r`'~`---~ ~ - Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4284 Exhibit 1 s enera ec roc om an E ro osa - S 4 - ~~r~rnr««r~rr~rxnrrrm~n rrrsnrrm. ~rrrrrrrr~rmrrr«nrsmrmrr:xrmnn.,zrrmnm;nr nor rrrrnri r~rr«mrr r irrrmrr~vrr.rr. «~~i~uiii-iv~iinninv in sir i ii ~vrrnvsr~riiiiii~iii~~i~is u-vi-~.iii-.~...~i~ri•Sri,~-•i~.vi-.wµ-~viniiiiv~~.vcvnvivi~-m~mwrHrxrronvinvnNH.wriarH.~NrRwrr»irH xiamrwrow {f i F®r. u i exe r f p4 f Februa~/ ~7 2009 9 ~ E f S S}~ f f General Electric Com an 8525 Baxter Place, Suite 100 Burnaby BC V5A 4V7 ~ Canada Tel 604.421.8700 Fax 604.421.8707 Tom Dancy Regional Sales Manager February 17, 2009 Ms Sarah C Livingston Communications Department t City of Denton/Denton Municipal Electric 901 A Texas St Denton, TX 76209 940-349-7171 E-mail: Sarah.Livingston@cityofdenton.com Dear Ms Livingston, GE Multilin, on behalf of General Electric Company, is pleased to present Proposal QA90077-SJ providing pricing for GE JMUX SONET multiplex Training, The proposed three JungleMUX nodes are based on the equipment list from Denton with following changes: • Quad RJ45 ETH-100 paddleboards are proposed, instead of single RJ45 port we appreciate this opportunity to present GE solution, and look forward to serving your tele-protection needs now and in the future. Please feel free to contact either of the undersigned should you have any questions or require additional information. } Sincerely, General Electric Com an Tom Dancy Shao Jue GE Digital Energy Network Engineer Centronics GE Multilin M 700319-1474 8525 Baxter Place, Suite 100, ~ Burnab BC V5A 4V7 Canada ~ y Phone:604,421,8744 Fa~:604.421.8707 e-mail: s~~s.~..~~~~~~~~~~. General Electric Com an PROPOSAL QA90077-sJ ~ Y February, 2009 PROPRIETARY STATEMENT The information contained in this Proposal is proprietary information of GE Multilin, and its parent General Electric Company, and is submitted on the understanding that it shall not be used or disclosed for any purpose other than the evaluation of this proposal by Denton Municipal Electric and that Denton Municipal Electric shall use its best efforts to prevent disclosure of the aforesaid information to persons outside. The term "best efforts" shall be construed as being equivalent to Denton Municipal Electric's normal efforts to prevent inadvertent disclosure of its own proprietary information. Information is subject to change, since GE Mult' 'n reserves the right, without notice, to make changes in equipment design or components as progress in engineering or manufacturing methods may warrant. s4.':. General Electric Company PROPOSAL QA90077-SJ February, 2009 TABLE OF CONTENTS SECTION DESCRIPTION 1 PRICING SUMMARY I TERMS and CONDITIONS 2 ORDER, DELIVERY & PRICING INFO 3 DETAILED EQUIPMENT LIST t General Electric Company PROPOSAL QA90077SJ February, 2009 SECTION 1 PRICING SUMMARY / TERMS & CONDITIONS ~',J~ . , - ,w ~ „ ~ 8525 Baxter Place, Suite 100, . `7E MU~f1~111 Burnaby, B.C. V5A 4V7 Canada , ..;»>,.»..,r,r,»».»~,.,,,»>,,.»..~.,..>::,,:,>.:>;,.>;»ra:»:,:,~.,».::>,~.,,>.:,..>,:>,:,,>~»:.>::>:>:,, »»>;~::;,>:;:~:..>,», >:,.»xh::;:;>:.>::};;;:> Tel: 604.421.8700 Fax; 604.421.8707 To: Denton Municipal Electric Proposal: QA90077-SJ Attn: Ms Livingston, Sarah C. ~ 7-Feb-09 Page 1 of 1 h7 respo~r,re toyor~r req~~est 1ve take plea.r~rre ira~ropo.rirrg.~ Terms of Payment: DELIVERY: FOB: Net 30 Days 12 Weeks ARO Point of Shi in pp~ g Item Qty Description Unit Price Total Price USD USD 1.00 JungIeMUX Training Course 1.01 1 Lot JungIeMUX Nodes per Eqpt List $65,459 $65,459 TOTAL = $65,459 Included ®Included Federal Sales Tax State & Municipal Sales Tax Excluded X Excluded This offer expires within_'~~± days of the date set forth above unless Purchaser's Order No.. purchaser's acceptance is received by GE Multilin prior to that date. Special instn~ctions: This offer is subject to the terms on the face hereof and in the proposal enclosed Shipping point: with this offer. Please read all terms on the front and back of all pages. Shipping date: completion date: GE Multilin Purchaser's Acceptance Destination : By: Tom Daney By: Prices ~ Include Exclude freight charges Title: Regional Sales Manager Tide: The warranty period ("Warranty Period") is_;;~~: Months from the date of shipment Date: 17-Feb-09 Date: t#, 11~~~',S ~~1~~~~~~~~ Signature: Signature: General Electric Com an PROPOSAL QA90077-SJ p Y February, 2009 GENERAL ELECTRIC COMPANY STANDARD TERMS AND CONDITIONS OF SALE Acceptance of any proposal of GE Multilin, made on behalf of General Electric Company, herein called GEM (the "Seller") for supply, manufacture, repair, modification, inspection and/or field services, and acceptance by the Seller of any order for the foregoing is expressly limited to the terms and conditions set forth herein, unless otherwise agreed in writing by the Seller. 1.0 WARRANTIES 1.1 Seller warrants to Buyer that, unless otherwise stated by the Seller any products and services furnished hereunder will be free from defects in material, workmanship and title, under normal use and services and quality specified in Seller's quotation. This warranty shall apply only to failure to meet said warranties (excluding any defects in tide) which appear within twenty-four (24) month from date of shipment from factory. 1.2 The conditions of any tests shall be mutually agreed upon and Seller shall be notified of, and may be represented at, all tests that may be made. The warranties and remedies set forth herein are conditioned upon (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of Seller and (b) Buyer promptly notifying Seller of any defects and, if required, promptly making the product available for corrections. 1.3 If any products or service fails to meet the foregoing warranties, (except tide), Seller shall, after Buyer delivery to Seller's plant, correct any such failures, at Seller's option by (i) repairing any defective or damage part or parts of the products, or (ii) making available any necessary repaired or replacement parts or necessary service which will be performed during normal working hours on a straight time basis. Repaired or replaced products will be returned FCA (INCOTERMS 2000) Seller's factory. Where a failure cannot be corrected by Seller's reasonable efforts, the parties will negotiate on an equitable adjustment in price. 1.4 This Paragraph sets forth the exclusive remedies for claim (except title) based on defect, failure or nonconformity of the products or services supplied, whether claim is in contract or tort (including negligence) or otherwise and however instituted. Upon the expiration of this warranty, all such liability shall terminate. Except as set forth in "Patents" the foregoing warranties are exclusive and in lieu of all other warranties whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICUI~R PURPOSE SHALL APPLY. Seller does not warrant any products or services of others, which Buyer has designated. 2.0 PRICES 2.1 Unless otherwise stated, prices are in US dollars EX WORKS Seller's factory. 3.0 PAYMENTS 3.1 Terms of payment shall provide for (i) one hundred (100%) per cent cash for each shipment, payment due net thirty (30) days upon presentation by the Seller of its invoices and (ii) evidence of readiness to ship to the Buyer or at a paying agency acceptable to the Seller. 3.2 If the Buyer delays shipments, Seller reserves the right to bill Buyer for any payments tied to shipments that shall become due on the date when the Seller is ready to make shipment. By zeason of delay caused by the Buyer, the Seller may ship the product to a storage facility, Buyer shall pay such additional expense incurred by the Seller. 3.3 At the request of the Seller, payments shall be made by an irrevocable Letter of Credit established by the Buyer in favour of and acceptable to the Seller and confirmed by a U.S. bank satisfactory to the Seller. 3.4 If Buyer fails to fulfill any conditions of its payment obligations or if Buyer's financial condition at any time does not justify continuance of the work to be performed by Seller hereunder on the agreed terms of payment, Seller may require full or partial payment in advance before proceeding with any further activities related to the products or service to be supplied. Upon the occurrence of said non-fulfillment or financial condition, the Buyer shall compensate the Seller for any additional related costs and shall grant an extension of time far any related delays equal to said delays. Section 1 Page 2 General Electric Com an PROPOSAL QA90077-SJ p Y February, 2009 3.5 In the event of Buyer's bankruptcy or. insolvency or in the event any proceeding is bought against Buyer, voluntarily or involuntarily, under the bankruptcy or any insolvency laws, Seller shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its proper. cancellation charges. Seller's rights under this Paragraph are in addition to all rights available to it at law or in equity. 3.6 Interest at the xate of 1.5% per month (18%per annum) shall be payable by the Buyer from and after the date upon which any, and all, payments are due and payable by the Buyer to the Seller. 4.0 PATENTS 4.1 The Seller shall defend any suit or proceeding brought against the Buyer so far as based on claim that any product, or any part thereof, furnished under this contract and manufactured by the Seller, constitutes an infringement of any patent of Canada and the United States, if notified promptly in writing and given authority, information and assistance (at the Seller's expense) for the defense of same, and the Seller shall pay all damages and costs awarded therein against the Buyer., In case said product, or any paxt thereof, is in such held to constitute infringement and the use of said product or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Buyer the right to continue using said product or part, or replace same with non-infringing product, or modify it so it becomes non-infringing or remove said product and refund the purchase price and the transportation and installation costs thereof. 4.2 The preceding paragraph shall not apply to and the Seller shall assume no liability for (i) any products, or any part thereof, manufactured to Buyer's design or, (ii) circumstances where the patent infringement claim arises from using the products in combination with the Buyer's equipment or process. 4.3 In respect of any product not manufactured by the Seller, the patent infringement protection offered by the manufacturer thereof shall apply. 4.4 The right and obligations of the parties with respect to Patents or any other intellectual property rights are solely and exclusively as stated herein and the foregoing states the entire liability of the Seller for infringement of Patents or any other intellectual property rights. 5,0 DELIVERY, TITLE AND RISK 5.1 Seller shall, unless otherwise agreed, deliver the products FOB Point of Shipping, Freight and Insurance prepaid & billed to the Buyer. Partial shipment shall be allowed. Any delivery dates given are approximate and are upon prompt receipt by Seller of all information necessary to permit Seller to proceed with work without interruption. 5.2 Title to and property in the products and in any additional substitutions thereto shall pass when equipment is placed in the hands of a carrier at the point of shipment, or as work is performed. It is expressly understood and agreed, however, that the passage of title shall not be construed by GEM as a release from GEM's responsibility to fully carry out its obligations under the contract. Risk of loss or damage shall be retained by GEM until the equipment is delivered to the Buyer's site, unless Buyer and GEM agree on an alternative point. Upon the Buyer's failure to pay any amount payable, Seller, in addition to any other rights it may have, may immediately seize and remove the products regardless of whether they are attached to Realty. Seller may retain any sums paid by the Buyer to the date of seizure and removal as compensation for use of the products: this is without prejudice to the Seller's right to sue for further compensation. The Buyer shall not do anything or omit to do anything as a result of which Seller's title and property in the products is adversely affected. 5.3 Risk of loss or damage shall be retained by GEM until the equipment is delivered to the Buyers site, unless Buyer and GEM agree on an alternative point. 5.4 If shipment of the products or any part thereof is delayed by an act, request or omission of the Buyer or due to any cause referred to in Paragraph 7.0 the Seller may place such products into storage (which maybe at the place of manufacture). In such event, (i) Seller's shipment obligation shall be deemed fulfilled and risk of loss and damage shall pass to Buyer. (ii) Any amounts payable to the Seller on delivery shall be payable upon presentation of Seller's related invoices, and upon payment title passes. (iii) All expenses incurred by the Seller, including, but not limited to, all expenses of preparation and shipment into storage, handling, storage, inspection, preservation and insurance shall be for Buyer's account and shall be payable upon Seller's presentation of related invoices. Section 1 Page 3 General Electric Com an PROPOSAL QA90017-sJ ~ Y February, 2009 6.0 INSURANCE 6.1 During the period between shipment (or if the product is installed by the Seller, from the time the product is turned over to the Buyer) and final payment for the products, the Buyer will maintain sufficient insurance thereon in the name of the Seller against loss or damage from any cause to cover the unpaid balance of the purchase price, and failing to do so no loss or damage suffered during the aforesaid period shall relieve the Buyer from payments of the balance of the purchase price or from any of the terms of this contract. During such period, the Buyer will maintain the products and related materials delivered by the Seller in good condition. 7.0 EXCUSABLE DELAY 7.1 The Seller shall not be in breach of any of its obligations under this contract where failure to perform or delay in performing any obligation is due, wholly or in part, to (i) a cause beyond its reasonable control, (ii) an act of God, an act or omission of the Buyer or of any governmental authority, governmental priorities, riots, strike or other labour disputes, fires, flood, sabotage, earthquake, storm, epidemic, or (iii) inability due to a cause beyond the Seller's reasonable control to obtain necessary or proper labour materials, components, facilities, energy, fuel, transportation, required instructions or information from the Buyer. The foregoing shall apply even though any such cause exists at the time of the order or occurs after the Seller's performance of its obligations is delayed by another cause. 7.2 The Seller will notify the Buyer pxomptly of any failure to perform or delay in performing due to a cause set out in Paragraph 7.1 and shall specify, as soon as practicable, when the obligation will be performed. Subject to Paragraph 7.3, the time for performing the obligation shall be extended for the period lost due to such a cause. 7.3 Where the period lost is at least 60 days and the parties have not agreed upon a revised basis for performing the obligation, including adjustment of the prices, then, either partly may, upon 30 days written, terminate this contract whereupon the Buyer shall pay all outstanding monies due to the Seller and any Cancellation charges as determined in accordance with Paragraph 11.0. 8.0 LIMITATION OF LIABILITY 8.1 In no event, whether as a result of a breach of contract, warranty or tort (including negligence or otherwise), shall the Seller be liable to the Buyer for: (i) Loss of profit or revenue, loss of use, cost of capital, downtime costs, and cost of substitute products, facilities, services, or replacement power. (ii) Property damage external to the product and loss arising out of such damage. (iii) Special, indirect, punitive or consequential damage, and (iv) Any of the foregoing suffered by a customer of the Buyer 8.2 Except as may be provided in the PATENTS, Paragraph 4.0, in no event, whether as a result of a breach of contract, warranty or tort (including negligence) shall the liability of the Seller to the Buyer exceed the price of or allocable to the service or product, or components thereof, which gives rise to the claim. Except as to title, any such liability shall terminate upon expiration of the Warranties referred to in Paragraph 1.1 8.3 If the Buyer transfers title to or leases the products sold hereunder to any third party, Buyer shall obtain from such third party a provision in writing affording Seller and its suppliers the protection of this Paragraph 8.0. Seller acknowledges that Buyer may after a period of time transfer title of the hardware sold hereunder, where at such time the Buyer will execute a Software License agreement (similar to Exhibit A) that protects the intellectual property rights of Seller. 8.4 If the Seller furnishes Buyer with advice or other assistance which concern the products supplied hereunder or any system or equipment in which any such product may be installed and which is not required to an express term of this contract, the furnishing of such advice or assistance is done without assumption of responsibility or liability therefore and the Buyer shall not institute a claim in contract or in tort (including negligence) arising out of or in any way connected therewith. 9.0 TAXES AND DUTIES 9.1 Unless otherwise stated, the prices quoted herein do not include any present or future sales, use, excise, value added, business transfer or similar taxes. Section 1 Page 4 <z:3, General Electric Com an PROPOSAL QA90017-s~ p Y February, 2009 9.2 Federal, State ox Provincial, and all such taxes shall be paid by the Buyer. or the Buyer shall provide the Seller with evidence of exemption therefrom. If any such taxes refexred to in the preceding sentence are included in the prices, the prices shall be adjusted to reflect any changes subsequent to the date of the proposal in such taxes including, but not limited to, changes in the rate and amount. All amounts to be paid by the Buyer are payable as invoiced. 9.3 Any taxes (including income, stamp and turnover or value-added taxes) duties, fees, charges or assessments of any nature levied by any governmental authority outside Canada in connection with transaction, whether levied against Buyer, against Seller or its employees or against any of Seller's subcontractors or their employees, shall be the responsibility of the Buyer and shall be paid directly by the Buyer to the Governmental authority concerned. If Seller or its subcontractors, or the employees of either, are required to pay any such levies and/or fines, penalties, or assessments in the first instance, or as a result of Buyer's failure to comply with any applicable laws or regulations governing the payment of such levies by Buyer, the amount of any payments so made, plus the expense of currency conversion, shall be promptly reimbursed by Buyer upon submission of Seller's invoices therefore. 10.0 CANCELLATION 10.1 The buyer may cancel this order at any time upon written notice and payment to the Seller of the Cancellation Charges refexred to in Paragraph 11.0. 11.0 CANCELLATION CHARGES 11.1 In the event that this contract is cancelled pursuant to the Excusable Delay, Cancellation or Nuclear Use Paragraphs, or all or any part of an Order the cancellation charges payable by the Buyer to the Seller shall be calculated as follows: (i) In the event that Buyer cancels all or part of an Order, Buyer agrees to pay to Seller a cancellation charge for each Product that has been cancelled in accordance with the following schedule: - 60 days or more prior to Ship Date 100% of Engineering Charges - 45-59 days prior to Ship Date 5% of Order amount - 30-44 days prior to Ship Date 20% of Order amount - 0-29 days prior to Ship Date 50% of Order amount (ii) 60 days or more prior to Ship Date 100% for each item of Third Party Hardware or Third Party Software that has been cancelled. 12.0 EXPORT SHIPMENT 12.1 In the absence of an agreement to the contrary, the Buyer shall arrange fox (i) export shipment to Buyer's country and (ii) marine warehouse-to-warehouse insurance (including war risk, if available). If the Seller performs any, or all, of the aforementioned Export Shipment arrangements, the Buyer shall pay Seller fox all related fees and expenses, including, but not limited to, those covering preparation of consular documents, consular fees, ocean freight, storage, insurance, and Seller's then current fee for such services upon submission of Seller's invoices therefore. 12.2 In performing any of the foregoing services, Seller shall comply with any reasonable instructions of Buyer or, in the absence thereof, shall act according to its best judgment. In so acting on Buyer's behalf, neither Seller nor its agents shall be liable for fines or other charges due to incorrect declarations or for negligence or for any special, consequential, incidental, indirect, or exemplary damages to the Buyer resulting therefrom. 13.0 GOVERNMENT AUTHORIZATION 13.1 The party that arranges for export shipment (or Buyer's designated export agent) shall be responsible for the timely application in its own name for any required Canadian or US. export license. Buyer shall responsible for timely obtaining and maintaining any required import license, exchange permit or any other governmental authorization. Buyer and Seller shall assist each other when such help is reasonably possible. Seller shall not be liable if any authorization of any government is delayed, denied, revoked, restricted or not renewed, and the Buyer shall not be relieved thereby of its obligations to pay Seller for its products or any other charges which are the obligation of the Buyer hereunder. 13.2 All shipments hereunder shall at all times be subject to the export control laws and regulations of Canada and the United States and any amendments thereto. Buyer agrees that it shall not make any disposition of Canada-origin products Section 1 Page 5 General Electric Com an PROPOSAL QA90077-SJ p Y February, 2009 purchased from Seller by way of trans-shipment, re-export, diversion or otherwise, other than in and to the ultimate country of destination specified on Buyer's order or declared as the country of ultimate destination on Seller's invoices, except as said laws and regulations may expressly permit. 14.0 NUCLEAR USE 14.1 The products sold are not intended for nor shall the be used for or as part of any activity or. process involving nuclear fission or fusion, or. any activity or process involving any use or handling of any radioactive material, including any nuclear material (as that term is defined in the Nuclear Liability Act of Canada). If the products or any part thereof are used by the Buyer contrary to the aforesaid, the Buyer shall provide, at its own expense, insurance and indemnity satisfactory to the Seller which protects the Seller and all of its subcontractors and suppliers from all loss, expense, damages, costs, or liability of every kind, whether in contract or in tort (including negligence) or the Seller may terminate this contract. Upon such a termination, the Buyer shall pay to the Seller cancellation charges determined according to the CANCELLATION CHARGES in Paragraph 11.0. 15.0 CONFIDENTIALITY 15.1 The Buyer acknowledges that all material and information related to the Seller's products and services which has or will come into its possession or knowledge, consists of confidential and proprietary data, which disclosure to or use by third parties will be damaging. The Buyer therefore agrees to hold such material and information in strictest confidence, not to make use thereof other than for the performance of the products or services supplied hereunder, to release it only to employees requiring such information, and not to release or disclose it to any other party under no less stringent conditions than the Buyer would take to protect their own intellectual property. 15.2 The Buyer agrees to take the appropriate action with respect to its employees to ensure that the above-referenced obligations of non-use and non-disclosure of confidential information can be fully satisfied. 16A INDEMNIFICATION 16.1 Buyer will indemnify and hold harmless the Seller from any loss, claim or damage of persons or property which arises out of any agreement with the Seller, services provided by the Seller, or Buyer possession or use of the Seller's products or services, provided that such loss, claim or damage was not caused solely by the fault of the Seller. 17.0 SOFTWARE LICENSING 17.1 Unless subject to a separate license or agreement, any software furnished hereunder whether separately or incorporated with supplied hardware, including any subsequent updates is furnished under following terms and conditions. (i) The software and any part thereof designed to be used only on the type unit on which the software is first installed. (ii) No exclusivity of use of the software is transferred to Buyer. (iii) Software and hardware documentation that is copyrighted by Seller shall not be copied in whole or in part, but additional copies of software and documentation in printed form may be obtained from Seller or its representatives at Seller's then standard charges, subject to applicable import and export laws and regulations. Buyer. agrees that any copyright, proprietary, trade secret or similar notices appearing on and in software will be reproduced and included on and in any modifications and copies, in whole or in part, of software. (iv) The source code for software is not included unless specifically listed as an item in Seller's specification. (v) On occasion, third party licensed software is provided, it will be identified as such and the Buyer will be required to complete any sublicense specified by the software licensor and provided by the Seller. (vi} If the Seller requires a separate software license agreement, Buyer shall execute the software license agreement on or before installation, and the provisions of the separate software license agreement Exhibit "A" shall supersede the foregoing subparagraphs to the extent they are inconsistent with such license. 18.0 GENERAL 18.1 The rights and obligations of the parties shall be governed in all respects by the domestic substantive laws of the State of New York, USA. 18.2 Unless otherwise stipulated herein, the products shall be installed by and at the expense of the Buyer. Section 1 Page 6 General Electric C®m an PROPOSAL QA90071-SJ p Y February, 2009 18.3 Any representation, understanding, proposal, agreement, warranty, course of dealing or trade usage not contained or referenced herein shall not be binding on the Seller. No modification, amendment, rescission, waiver or other change shall be binding on Seller unless assented to in waiting by Seller. 18.4 This pxoposal is subject to change at any time proper to acceptance of an order by the Seller and unless otherwise stated in the proposal, expires after 30 days from the date hereof. 18.5 All orders are subject to final acceptance by the Seller in Canada and shall only be binding on the Seller upon approval in writing by a senior officer of the Seller. 1$.6 Any assignment of an order, or right thereunder, by the Buyer without the written consent of the Seller shall be void. 18.7 Any products sold shall comply with Canadian and US Federal and Provincial laws and regulations in effect applicable to the manufacture, packing and shipment of such products, at the date of the Seller's pxoposal, and shall comply with any amendments thereto which may have come into effect prior to the time such products are shipped, provided that the prices and, if necessary, delivery shall be equitably adjusted to compensate the Seller for having to comply with such amendments. 18.8 The invalidity, in whole ox in part, of any of the clauses in this contract will not affect any other clauses in this contract. 18.9 An extra charge will be made for special containers. A refund will be made if such containers are returned in good condition to such point as may be designated by the Seller within 180 days from the date of original shipment, FCA (INCOTERMS 2000) Seller's factory. 18.10 The reference to the Seller in Paragraphs 8.0 and 16.0 shall be deemed to include the Seller's suppliers and employees. GENERAL ELECTRIC CO. (BUYER) Signed: Signed: Print: Print: Title: Title: Date: Date: Section 1 Page 7 eneral Electric Com an PROPOSAL QA90077-s~ G p y February, 2009 GENERAL ELECTRIC COMPANY SOFTWARE LICENSE AGREEMENT IMPORTANT! CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE BEFORE INSTALLING OR USING THIS SOFTWARE OR SUPPORT MATERIALS. BY CLICKING ON THE BUTTON BELOW LABELLED "I ACCEPT THE TERMS OF THE LICENSE AGREEMENT" OR BY CAUSING THE BUTTON TO BE CLICKED YOU ("LICENSEE") ARE CONSENTING TO BE BOUND AND YOU BECOME A PARTY TO THIS LICENSE AGREEMENT AND THIS ACTION SHALL BE TAKEN AS YOUR CONSENT TO THESE TERMS AND CONDITIONS. YOU MAY ALSO HAVE AGREED TO THESE TERMS AND CONDITIONS BY ENTERING INTO A SEPARATE AGREEMENT WITH GE MULTILIN, ON BEHALF OF GENERAL ELECTRIC COMPANY ("Licensor") PERTAINING TO THE ACQUISITION OF LICENSOR's LENTRONICS' MULTIPLEXER PRODUCT (THE "JungleMUX , TN1U and TN1Ue Product") WHICH INCORPORATED THESE TERMS AND CONDITIONS OR BY DOWNLOADING THE SOFTWARE PROGRAM FROM A WEBSITE DESIGNATED BY LICENSOR. Licensoe's software consisting of the VistaNE'hM Network Management Software and any fonts accompanying the software whether on disk, in read only memory, on any other media or in any other form (the "Software Program"), any updates, program corrections, patches, service packs, modifications, or enhancements to these materials ("Updates", and collectively with the "Software Program", the "Licensed Software") supplied to Licensee by Licensor, and any documentation or support materials related to the Licensed Software made generally available to Licensee by Licensor (the "Documentation" and, collectively with the Licensed Software, the "Licensed Materials") are licensed to Licensee by Licensor, for use only on the terms and conditions set forth below (the "License"). 1. License Subject to the terms hereinafter set forth, Licensor grants to Licensee a personal, non-transferable, non- assignable, non-exclusive and fully paid-up license to use the Licensed Software for Licensee's internal business purposes, in object code form only, and only as incorporated into, and as an integral part of, the JungleMUX Product, and to use the Documentation solely in support of the authorized use of the Licensed Software. Each copy of the Licensed Software acquired by You from Licensor may only be used on a single node on Your local area network. 2. Proprietary Notices Licensor agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Licensed Materials in the same form and manner that such copyright and other proprietary notices are included on the Licensed Materials. Except as expressly authorized in this License, Licensee shall not make any copies or duplicates of any Licensed Materials without the prior written permission of Licensor. 3. Limitations of Use Except as otherwise expressly provided under this License, Licensee shall not: (a) disassemble, reverse engineer., decompile, convert into human readable form, or in any other manner decode the Licensed Software in order to derive the source code or for any other reason; (b) sublicense, sell, give away, loan, rent, transfer or transmit {electronically, over a network, by telephone, or otherwise), publicly display, all or part of the Licensed Materials; {c) Licensee may not develop any competitive or emulating software using the Licensed Materials; (d) allow anyone other than Licensee's employees to have physical access to the Licensed Materials or allow the Licensed Materials to be made available over a network where it could be used by a third party; (e) make copies of the Licensed Materials except such limited number of object code copies in machine readable form only, as maybe reasonably necessary for the installation of the Licensed Software on the JungleMUX Product and no more than one copy for back-up purposes; make error corrections to or otherwise modify or adapt the Licensed Materials nor create derivative works based upon the Licensed Materials, or to permit third parties to do the same; or (g) use the Licensed Materials in the operation of a nuclear facility or as part of any dangerous or hazardous product or service. 4. Title to the Licensed Materials Licensee acknowledges and agrees that nothing herein transfers or conveys to Licensee any ownership right, title or interest in or to the Licensed Materials or any intellectual and industrial property rights including, without limitation, patents, copyrights, trademarks, trade secrets, know how and other confidential information (the "Intellectual Property Rights") in (and title to all copies of and all media bearing) the Licensed Materials. The Section 1 Page ~ General Electric Com an PROPOSAL QA90017-s~ p Y February, 2009 Licensed Materials and all Tntellectual Property Rights therein shall remain vested in and be owned exclusively by Licensor or licensors of Licensor. The Licensed Materials are licensed to Licensee only. By acquiring a copy of the Licensed Materials Licensor does not become the owner of the copy. 5. Protection of Information Licensor acknowledges that the Licensed Materials are valuable trade secrets of Licensor and that any unauthorized publication or disclosure to third persons of the Licensed Materials may cause immediate and irreparable harm to Licensor. hicensee agrees to tape all reasonable steps to maintain the confidentiality of the Licensed Materials and shall not disclose, provide, or otherwise make available such Licensed Materials in any form to any third party without the prior written consent of Licensor. Licensee shall implement reasonable security measures to protect such Licensed Materials. Licensee agrees to provide Licensor reasonable access to the premises where the Licensed Materials are used for the purpose of enabling Licensor to verify that the Licensed Materials are and have been used in compliance with the provisions of this License. Licensor agrees to give Licensee no less than two (2) business days' notice of its intention to make the aforesaid investigation and shall limit any such investigation to the computers including workstations and servers upon which the Licensed Materials are installed. Representatives of Licensor who conduct the inspection shall be required by Licensor in writing not to disclose the information obtained in conducting such inspection to any person other than Licensor. G. Support Obligations (a) In the event that (i) the Software Program fails to conform substantially to the description thereof in the Documentation when used according to the Documentation (a "Defect") and such Defect is reported in writing to Licensor within twenty-four (24) months from the date of shipment of the Software Program from the factory (the "Correction Period"}, or (ii) in the event any Updates provided by Licensor to Licensee contain a Defect which is reported in writing to Licensor within ninety (90) days fxom delivery of the Update to Licensee, or the balance of the Correction Period for the original Software Program, whichever is greater (the "Update Correction Period"), Licensee's eYClusive remedy and Licensoe's sole obligation shall be to make commercially reasonable efforts to correct or have corrected or provide Licensee with a workaround for the Defector, at Licensor's sole option, to offer Licensee a refund for the amount paid for the copy of the Licensed Program, or Update as the case maybe, upon return of the Licensed Program, ox Update, to Licensor and certification by Licensee to Licensor that all copies of the Licensed Program or Update in Licensee's possession or control have been deleted. (b) Following the expiration of the Correction Period and any Update Correction Period, Licensor may, but shall not be required to, make available to Licensee, technical assistance services in accordance with Licensor's technical assistance policies, at Licensor's then prevailing rates. (c) The obligations in this Section 6 do not apply (i) in respect of Licensed Software which has been modified by or for Licensee without the written consent of Licensor, or (ii) in respect of Licensed Software which has been used otherwise than in accordance with the provisions of this License including the Documentation, or (iii) to defects, problems or failures which occur as a result of any incompatibility between the Licensed Software or the hardwaxe or software of any third person, or (iv) caused by abnormal physical or electrical stress, misuse, accident, or by the negligence of Licensee or of any other person except Licensor. (d) Licensor makes no warranty or representation that the functions contained in the Licensed Software will meet Licensee's requirements, will operate in the combination selected by Licensee or will operate uninterrupted or error free. Licensee shall be exclusively responsible and Licensor makes no warranty or representation with respect to determining whether the Licensed Software will achieve the results desired by the Licensee, or for establishing adequate data backup provisions for backing up Licensee's data or for establishing adequate operational provisions in the event of a defect or malfunction that impedes the anticipated operation of the Licensed Software. (e) EXCEPT FOR ANY EXPRESS WARRANTIES SET OUT HEREIN, NO OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO LICENSED SOFTWARE HEREUNDER SHALL APPLY. SUCH WARRANTIES AND REPRESENTATIONS ARE IN LIEU OF AND LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTAITONS, WARRANTIES OR CONDITIONS OF ANY FIND OR NATURE, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF TITLE, QUALITY, PERFORMANCE, RESULTS, DURABILITY, Section 1 Page 2 General ~lecfric Com an PROPOSAL QA90077-sJ p Y February, 2009 NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT LICENSOR KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), OR ARISING FROM A COURSE OF DEALING OR USES OF TRADE. IN ADDITION, LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY, CONDITION OR REPRESENTATION TO ANY PERSON OTHER THAN LICENSEE WITH RESPECT TO THE LICENSED SOFTWARE OR ANY PART THEREOF. THE PROVISIONS CONTAINED IN THIS SECTION CONSTITUTE THE SOLE REMEDY OF LICENSEE AND THE ONLY OBLIGATION OF LICENSOR IN THE EVENT SUCH WARRANTIES AND REPRESENTATIONS ARE BREACHED. 7. Limitation of Liability (a) IN NO EVENT, WHETHER AS A RESULT OF A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL LICENSOR, ITS AFFILIATES, .AND/OR ANY OF THEIR SUPPLIERS, BE LIABLE TO OR THROUGH LICENSEE FOR: (1) ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES SUFFERED BY LICENSEE FOR ANY REASON; (2) ANY LOSS OF PROFITS OR REVENUE, LOSS OF DATA, LOSS OF USE, DOWNTIME COSTS OR INTERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES, SERVICES OR REPLACEMENT POWER, SUFFERED BY LICENSEE FOR ANY REASON; (3) PROPERTY DAMAGE EXTERNAL TO THE LICENSED SOFTWARE AND LOSS ARISING OUT OF SUCH DAMAGE; (4) ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF LICENSEE'S FAILURE TO LNE UP TO LICENSEE'S OBLIGATIONS UNDER THIS LICENSE; (5) LICENSEE'S INABILITY TO USE THE LICENSED SOFTWARE; (6) ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY FOR DAMAGES OF ANY FIND; ANY OR ALL OF WHICH ARISE FROM OR IN CONNECTION WITH THE DELNERY, USE, OR PERFORMANCE OF LICENSED SOFTWARE GOVERNED BY THIS LICENSE, AND EVEN IF LICENSOR AND/OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. (b) Except as maybe provided in paragraph 8, "Patents", in no event, whether as a result of a breach of contract, warranty, tort (including negligence), or otherwise shall the liability of Licensor to the Licensee arising herefrom or related hereto exceed the price of or allocable to the Licensed Materials, or components thereof, which gives rise to the claim. (c) Licensor shall be liable to Licensee as expressly provided in this License but shall have no other obligation, duty, or liability whatsoever in contract, tort or otherwise to Licensee including any liability for negligence. The limitations, exclusions and disclaimers in this License shall apply irrespective of the nature of the cause of action, demand, or action by Licensee, including but not limited to breach of contract, negligence, tort, strict liability or any other legal theory and shall survive a fundamental breach or bxeaches or the failure of the essential purpose of this Licence or of any xemedy contained herein, 8. Patents (a) The Licensor shall defend any suit or proceeding brought against the Licensee so far as based on claim that the Licensed Software furnished under this License and manufactured by the Licensor, constitutes an infringement of any patent of Canada or the United States, if notified promptly in writing and given authority, information and assistance (at the Licensoe's expense) for the defence of same, and contingent upon Licensee not taking any position adverse to Licensor in connection with such claim, and Licensor shall pay all damages and costs awarded therein against the Licensee due to such breach. In case said Licensed Software is in such suit held to constitute such an infringement and the use of said Licensed Software is enjoined, the Licensor shall, at its expense and option, either procure for the Licensee the right to continue using said Licensed Software, or replace same with non-infringing software, or modify it so it becomes non-infringing or remove said Licensed Software and refund the purchase price. (b) The preceding paragraph shall not apply to and the Licensor shall assume no liability for (i) any products, or any part thereof, manufactured to Licensee's design or, (ii) circumstances where the patent infringement claim arises from using the Licensed Software in combination with the Licensee's equipment or process. (c) In respect of any product not manufactured by the Licensor, the patent infringement protection offered by the manufacturer thereof shall apply. Section 1 Page 3 General Electric Com an PROPOSAL QA90017-SJ p Y February, 2009 {d) The rights and obligations of the Licensor and Licensee with respect to Patents or any other. intellectual property rights are solely and exclusively as stated herein and the foregoing states the entire liability of the Licensor for infringement of Patents or any other intellectual property rights. 9. Term and Termination This License is effective upon Licensor clicking the "I accept the terms of the License Agreement" button or upon causing the button to be clicked, (or earlier if this Agreement becomes binding in the manner described above) and will remain effective unless terminated in accordance with the terms herein. The Licensee's rights under this License will terminate automatically if (i) after five (5) days of written notice of breach from the Licensor, the Licensee fails to take action to correct the breach, or (ii) Licensor becomes insolvent, makes an assignment for the general benefit of creditors, or makes a proposal to creditors generally under any bankruptcy or creditor's relief legislation, or any proceedings are commenced by or against the Licensor under any bankruptcy or insolvency laws or if proceedings for the appointment of a trustee, liquidator, receiver, or receiver manager is commenced, or (ui) Licensox ceases or threatens to cease to carry on business. The obligations of Licensee under this License shall survive the termination of this License, regardless of the cause of termination. Upon termination, Licensee must destroy all copies of the Licensed Materials in its possession or control and must certify in writing to Licensor within ten (10) days of the termination of this License that the above has been done. 10. Assignment Licensee may not, without Licensors prior written consent, assign or otherwise transfer this License, or any of Licensee's rights or obligations under this License, to any person. Any attempted assignment of rights and/or transfex of Licensed Materials not specifically allowed herein shall be void and conclusively presumed a material breach of this License. This License may be assigned by Licensor. This License shall ensure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto. Licensor may delegate to affiliates of Licensor and to agents, suppliers and contractors any of the obligations herein imposed upon Licensor, but such delegation shall not relieve Licensor of its performance obligations hereunder. 11. Export of Licensed Software Licensee agrees that it will not export or re-export the Licensed Materials or any copies thereof, either directly or indirectly, outside of the country in which the Licensed Materials are provided to the Licensee except in compliance with all applicable laws, ordinances and regulations. Licensee shall have the exclusive obligation to ensure that any export of the Licensed Materials is in compliance with all applicable export laws and the laws of any foreign country. 12. Governing Law If You reside in Canada and the Licensed Software is shipped or delivered to You in any format in Canada, this Agreement is to be construed under the laws of the Province of Ontario, excluding any body of law governing conflicts of law. Otherwise, this Agreement is to be construed under the laws of the State of New York, excluding any body of law governing conflicts of law. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. You irrevocably waive any objection on the grounds of venue, forum non conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other. manner permitted by applicable law and irrevocable consent and attorn to the jurisdiction of the courts located in the Province of Ontario or the State of New York, as the case maybe, for any claims arising from or related to this Agreement. You agree not to institute or commence any action or proceeding against Licensor arising from or related to this Agreement in any jurisdiction other than the Province of Ontario, Canada. The Parties further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement. 13. Severability Notwithstanding anything to the contrary in this License, all provisions of this License are hereby limited to the extent mandated by applicable law To the extent that any provision or portion is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, to that extent, such portion or provision shall be severed and deleted from the remaining provisions of this License. The invalidity or unenforceabil.ity of any provision hereof shall in no way affect or impaix the validity or enforceability of the remaining provisions. 14. Waiver Section 1 Page 4 General Electric Com an PROPOSAL QA90077-sJ p Y February, 2009 This License, and any of its terms, may not be waived, altered, or modified except by a written agreement signed by Licensee and accepted by Licensor. No delay or failure of either party in exercising any right and no partial or single exercise of any right shall be deemed to constitute a waiver of that right or any rights under this License. 15. Entire Agreement This License constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this License. No modification of or amendment to this License shall be valid or binding unless set forth in writing and duly executed by the parties hereto. 16. Language The parties have requested that this License and all communications and documents relating hereto be expressed in the English language. Les parties ont exige que la presence convention ainsi que tons documents s'y rattachant soient rediges daps la langue anglaise. Section 1 Page 5 ~r r General Electric Company PROPOSAL QA90077-s~ February, 2009 SECTION 2 ORDER, DELIVERY & PRICING INFO Section 2 Page 1 General Electric Com an PROPOSAL A90077-SJ p Y Q February, 2009 Order, Delivery & Pricing Information A. Ordering & Delivery Inquiries The purchase order may be issued referencing the proposal number or a copy of the proposal can be attached to the order. Purchase Order shall be made out to: General Electric Company Please direct all orders and delivery inquiries to the follotiving Customer Service Representative: GE Mult' ' n, 8525 Baxter Place, Suite 100 Burnaby, B.C. CANADA. V5A 4V7 Fax: 604 - 421- 8707 Attn: Peter Hallenbeck Tel: 604 - 421- 8642 Invoice Remit to Address is: General Electric Company P.O. Box 642493, Pittsburgh, PA 15264 - 2493, USA. Contact Name :Penny Davis Tel :905 - 201- 2087, Fax.: 905 - 201- 2164 Federal Tax ID 10.14-069340 Section 2 Page 2 General Electric Com an PROPOSAL QA90077.SJ p Y February, 2009 B. Pricing 1) Prices stated in this proposal are at NET and are valid for 90 days from the date of this letter. Unless stated otherwise all prices are in US Dollars, exclusive of sales, federal, and local taxes, 2) The enclosed Terms and Conditions apply to any purchase resulting from this proposal. 3) Prices do not include any charges for warehousing of equipment. If warehousing is required, GE Multilin reserves the right to invoice on a monthly basis for the storage of any equipment. 4) Prices stated in this proposal do not include transportation. Transportation will be by least cost common carrier, FOB Point of Shipping, pre-paid and billed back to the customer. 5) This proposal was prepared without the benefit of a site survey; therefore certain office conditions and/or site environments may exist which require materials external to the system quoted and may not be included in this proposal. Section 2 Page 3 SECTION 3 DETAILED EQUIPMENT LIST y ~ r U ~ r 0 ~ N C 4 f9 W ti O O O 0 0 O O 0 0 O O 0 0 0 O O O O O 0 0 O O 0 0 Q O O O d l(') 00 00 O N 00 ~~O O tnlp00 lnl('~ ~N 00 000 N C7W D I~ t`(0 ISO OO ON ON (DOO N a'Nd'M MM OO OO O10~f1 00 O W W d' O Ch rn N ~ N to 'd' c+') ~ ~ ~ c~ O O u~ t~ ~ O O ~ ~ O O as N V ~ W'~; O d'M ON O~ IAN to rrOp N O)OONM rr NN ~Od' ~ N r N OD O O O O N N NrM ~ ~ ~ ~ W 0 } I- M m m cv m r~ ~ N ~ m m c~ ~ ~ c~ o ~ c~ r~ M ~ C3► 0 0 0 0 W ° ~ ~ W ~ Z U W W ~ s> Q X 4.i« a w N ~ F- d 0 00 00 00 00 00 000 0 0000 00 00 00 000 0 ~ oo ~ncn o0 oN oo ~nu~o o ~ncnoo u~u~ Dui 00 00o N ~ N O N N C? CO O N f~ O d• In ~ YN ~ r I~ 0p r d' ~ O ~ O O O ~ V~ G1 'si:si 00 CO r C~ ~ O ~ to r r ~ r d' r O O 47 N N t0 In tl~ M [`7 cG r ~ W? O d' C~ t0 r N N M M N M N ~ t~ I~ M C'~ r OD M Z V ;si r r N ~ W 0 W Z ~ r r r r r r r O N r r r r r r N r r r r r V O O O O O O O O O O O 0 0 0 O O O O O O O O O 0 0 O O O O In O O Ln In O O O lt'~ O O Ln lC) O O I.() In O O In tf J to 1fl O O O O O ~f'J ~ N ON NM COO NIA O~ to totp d' ~-t~ODr mo'd' Oi0 OO Olntn 01 ~~itsi'! CO O r Ch I~ CO ~ In ~ r r d' d' r d' r- CA O 1n N N O CD In 4~j (h C+7 CO r 0 W CO ~ r Ch O r N f~ l~ t0 f~ N 'd' f~ ~ O r 00 N Z V <; r N ~ ! 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A b~ wQ a m a ~ o,ti' A~ ~a' a m F' a M~ H~ y a , Z ~ ,b ~ ~ ~ ] ~ zz ~ A ~ ~.C U]Nd w ~ ~ ~o ~ ~ W a~ a~ ~ AA, c ~ ~ m¢ w a ?Q U ww x00 Z Ow V w ~ Uq °p04 ~ W W dew b ~ ~ ~ W ~ ~>W~~?a Kati w e'~b~dd ~ ~~~a ~ ~ J w ><i~~' ~a wA~ Ww ~ ~~UU w wwwA z~ U ~ Q .;;>,;awS~a~HA~ a~ ~~Co~~iww ~ aaa~ 0~ ~ I- o~ ~ ~ 4,~~ a'~WEy~ W W~~>~00 h~~AAAH N~ Wo Ww ~ x Z _ ~ ~ ~ _ ~ ,:0'aVa~p HU~~~W x~ ~ NH zo, ~¢~rx d ~ U~ X '~~2 0'€':W~~ 3aZ~~., ~z W ~C~ M ~ aaap F>C ~ a~ C7 ~ ~€~~O an Hsi a~ 0~,~~~ W~~ ~ooooa zA x z ~ Ua»>'Za~,~°"VU ~ww~a Z~ ~W 0 Wooooo W~ C7~ Wz Wow ~ ~ ~~€<€<OW'" rxUq ~c4WUU'~ ~V ~ ~ ~o ~ ~ ti U~ o, ~ ~ W d, W w ~ ~ ~ N Q ~ ~ W ti r~~ a' ~ W ~ a a a W i., W t~ ~ ~ ~ ~ V>? ~ m W WWWWU W Z ~I-W ~ ~ ~ o~n;€;;~~ 3 33 ~ , ~ xxxxw U~ acnA ~ ~ s~ ~w><:OO 0~ 00 ww a ~ O ~ F HE~FHa Oa ~0 F•~ ~0't~ 4.Dss€UU a~ ~a ~ncn W OU NN ~ wwww~n AF UU a~ ~c~no 0 >i L Ri2f: ~ ~ O O O O O O O O ~ , N uJ O>> ~ N M CO I~ G ~ N ~ 0 ~ ~ ~ F Z ~k 4k # ~k ~k y ~k ~ ~ °o ~,~~K ~ Q UdGW V d tL m C NI U_ C 0 W ~ U ~ J Exhibit 2 ~E D~~~t~~ ~~~r Le~tran~s ~5 Baxter ~la~e quite ~ Bur~a~y, ~ tea CAD T b~4 F b0~ 4Z1 ~"I~e C~ a Dn~n "u ►o~ flay Gc~n~ern "his is to certify ha Jun~1~~x ~lutip~xes were ~esi~ne~ b anc~ are excusv~y ~manu~cue~l by Lentranics for and distri~uion s~aLey ~ Lenronics. Lentranic aree~nens with other third parties for the ~istrihution of the ~lun~e~tlx pro~uc and as such the pro~uc ~ sole sourced ~hrouh C~ Lenrooics direct sales force. you have any questions lease do nab hesitate contact me ~ ~~~4~ ~~-8~2~ ar by e~nai, boh,hare ~~e.con. Sincerely fr a F. E R..~. ~Bob~ carte Side ~+lana~er, l~entronics ORDINANCE N0. CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF GE JMUX MULTIPLEXER FOR THE DENTON MUNICIPAL ELECTRIC COMMUNICATIONS DIVISION FROM GENERAL ELECTRIC COMPANY WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4284-PURCHASE OF GE JMUX MULTIPLEXER FOR DENTON MUNICIPAL ELECTRIC IN THE AMOUNT OF $65,458.50}. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4284 General Electric Company $65,458.50 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specie ed by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY .r __,A. F BY: 4-ORD-File 4284 1 DRAFT MINUTES 2 PUBLIC UTILITIES BARD 3 April 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Vice Chair of the Public Utilities Board thereafter convened into an open Meeting 7 on Monday, April 13, 2009 at 9:04 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill 11 Grubbs 12 13 Ex Officio Members: 14 George Campbell, City Manager 15 Howard Martin, ACM, Utilities 16 17 Absent: Charldean Newell, John Baines, both excused 18 19 CONSENT AGENDA: 20 The Public Utilities Board has received background information, staff's recommendations, and 21 has had an opportunity to raise questions regarding these items prior to consideration. 22 23 2} Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, 24 and approving the expenditure of funds for the purchase of GE JMUX Multiplexer for the 25 Denton Municipal Electric Communications Division from General Electric Company which 26 is available from only one source in accordance with the pertinent provisions of Chapter 252 27 of the Texas Local Government Code exempting such purchases from the requirements of 28 competitive bidding; and providing an effective date (File 4284-Purchase of GE JMUX 29 Multiplexer for Denton Municipal Electric in the amount of $65,458.50}. 30 31 Board Member Randy Robinson moved to approve Item 2 with a second from Board 32 Member Bill Cheek. The motion was approved by a 5-0 vote. 33 34 The meeting was adjourned by consensus at 9:43 a.m. 35 AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Utility Administration ICM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing and approving a first extension to the "agreement by and between the City of Denton, Texas and Denton 288, L.P. for the provision of sanitary sewer and water facilities" entered into by the parties on the 5th day of June, 2007; providing the City Manager with authority to perform said first extension and to expend funds as necessary; providing an effective date. The Public Utilities Board recommends approval (4-0). BACKGROUND Denton 288 L.P., a Texas Limited Partnership acquired approximately 2121 acres of land (Hills of Denton) that spans from north of Loop 288 along Locust Street to about a 1000 feet south of Milam Road along the eastern boundary, and extends to Bonnie Brae Street along the western boundary of the property. The subject property was voluntarily annexed. As a necessary component of the zoning approval, Hills of Denton worked with the Water department staff on developing an agreement for the provision of sanitary sewer and water facilities (Agreement) for serving the proposed development. This Agreement was approved by the PUB and the City Council. The components of the sanitary sewer and water facilities required to serve the development, and the responsibilities ofthe developer and the city to facilitate the services as included in the Agreement are described below: wastewater Service: The wastewater infrastructure in the Clear/Milam Creek basins is proposed to be constructed in two phases. The Phase I project which is the responsibility of the Developer, includes construction of the 30-inch interceptor sewer from Locust Street up to the proposed 1.8 million gallons per day (mgd) Interim Milam Creek Lift Station, construction of the 1.8 mgd lift station and approximately 8,500 feet of force main to discharge wastewater from the lift station to south of Loop 288 into the existing City of Denton wastewater collection system. The Phase II project which is the responsibility of the City, includes construction of the remaining Clear/Milam Creek Interceptor sewer up to the terminus at the Clear Creek Water Reclamation Plant, and the construction of the water reclamation plant. To provide wastewater service to the Hills of Denton, the Agreement includes the following: • Developer's project will include the survey, design and construction of the entire Phase I project as described above. ~ City will procure the off site permanent and temporary construction easements for the construction of the Phase I proj ect. • As the Phase I proj ect is put into service and begins to reach its capacity, City will commence construction of the Phase II project. • City will provide uninterrupted wastewater service to the Hills of Denton during the construction of the Phase II project. • The total financial obligation of the developer to secure wastewater service for the entire development will be to construct the Phase I project as described above. • In addition to the construction of the Phase I proj ect, developer will prepare a wastewater master plan for the development that also includes the wastewater flows from the off site contributing sewershed, to allow for oversizing of any wastewater lines within the development. Oversize cost will be paid for by the city upon PUB and Council approval. • No impact fee credits will be granted to the developer for construction of the Phase I project. • Agreement is valid for two years from the Agreement execution date. water Service • water supply to the development is available from the existing 36-inch transmission pipeline along the north side of Loop 288. • Four existing stub-outs in the 36-inch pipeline are available for extending water mains to the development at developer's cost. • Existing 12-inch waterline on Milam Road is also available for additional capacity. • water service from the 36-inch pipeline will provide adequate pressures up to 712 feet elevation. Property within the development above 712 feet elevation may be regraded, or will need a separate pressure plane, or maybe used for purposes not requiring city water service. • Developer shall perform a water distribution system analysis, and prepare a water master plan for the ultimate build condition of the development. All off site water line extensions are subject to consideration for oversize. For water service to the development, all expenditures are the responsibility of the developer. No city funds except for any oversize of water lines as approved by the PUB and the City Council will be spent. The above Agreement dated June 5, 2007 is valid for two years. Since the approval of the Agreement the Developer has submitted the final design drawings of the 30-inch sewer, the 1.8 mgd lift station, and the force main. The final drawings for the 30-inch interceptor and the lift station have been approved for construction. The force main drawings are currently under review by DRC staff. Due to the slowdown in economic activity and housing construction, the Developer is requesting extension of the Agreement for an additional two years. Staff is not opposed to the request for extension of the Agreement. RECOMMENDATION Staff recommends approval of the 2-year extension of the Agreement for the provision of Sanitary Sewer and Water Facilities pertaining to the Hills of Denton. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB: August 19, 2002, City Council: September 3, 2002 -Approved the staff recommendation to design a conventional plant in the Clear Creek Basin PUB: October 21, 2002, City Council: November 5, 2002 -Approved the Professional services Agreements for design of Clear Creek Interceptor Sewer and Water Reclamation Plant PUB: December 13, 2004 -Update on status of Clear Creek Interceptor Sewer and water Reclamation Plant PUB: February 14, 2005 -Recommended Option for wastewater service in the ClearlMilam Creek Basin PUB: June 13, 2005 -Recommended approval of Professional Services Agreement with United States Right of way Acquisition Company, Inc. for easement acquisition. PUB: May 30, 2007 -Recommended approval of the Agreement for the provision of Sanitary Sewer and water Facilities pertaining to the Hills of Denton City Council: Junec7, 2007 -Recommended approval of the Agreement for the provision of Sanitary Sewer and Water Facilities pertaining to the Hills of Denton. This item was discussed at the Public Utilities Board Meeting on March 23, 2009. The Board recommends approval t4-0)• FISCAL INFORMATION The construction of the Phase 1 proj ect for wastewater, and extension of all water lines to serve the proposed development is the Developer's responsibility. EXHIBITS 1. Ordinance 2. Agreement 3. Hills of Denton Property & Clear/Milam Creek Phase I & II Projects 4. Sanitary Sewer & Water Facilities Agreement 5. Agreement extension letter from the Developer 6. PUB Meeting Minutes Respectfully submitted: /j" ff ~~A Jim Coulter Director of Water/Wastewater Utilities Prepared by: P. S. Arora, P.E. Assistant Director of Wastewater Utilities ~RDIANE 1~~. ~~~9~ AlV ~Dn~AE F TAE ITS ~F DTI, TExA AUT~I~~r APP~v ~ FIRST ETEI~~ T~ ~ "A~xREE1V~I~T B~Y ~ ~ETEE TIC IT' ~F DEI~T~N, TExA AND DE~ITDI~ ASS, L.F. F~l~ T~ P~~~II~N ~F AI~ITAI~ ~E~i~E AND ATE FACILITIES" ~~TE~ED n~T~ B~ TIDE P.TIE OlV TIE 5~ DAB ~F JUKE, ~~7; PRv]Dn~ TAE ITS' ~.E~ ~T ACJT~~~IT~Y T~ PERF~R ~ FIRST ETESI~ ~ TO EEI~D FUNDS ~ ~EESSAR~; PI~~vIDn~ AN EFFECTIVE DATE; EEAS, the ~ of De~ton~ Texas and Dentan ~ L,P., a Texas Limited Partnership have entered rota a "First Extensian to ~e Agreement ~ and heteen the it of Dentan, Texas and Dentan ~~8, L.P., a Texas Li~.ted Partnership" herea~er the ;`First Extension"} far a further to~~ear term, from and aver Jae ~~~9 prodding for ~e mutual casts and repensibilitie of the pales regarding their mutual obliga~.aa~s regarding the fi~rnihing of surer and water facilities in a certain appraxi~nate 121 acre tract of land, within the its of Dentan, cammonl 1~norn as the "Dills of Denton;' and ~~EAS, the it believes that the First Extension i in the hest interests of the pity and pravides far the n~ea~urd mater and surer grath of a nevi de~eloprnent north of e its afDentan, and fi~r~her that a valid gavernmental purpose is served h said First Extension; N TI~I~EF~RE, TAE ~UI~IL ~F TAE I~'~ ~F DENT1~ HERE FDA: ETI~N I: The its ll~anager is hereb~r authari~ed to execute a "First Extension to the Agreement b and between the it~r of Denton, Texas d Dentan X88, L.P., a Texas Lim%ted Par~nership~' far pe~iad of addl.anal tea-dears fram and after June , ~aa9 and ending an June a11, regarding that same real prapert more particularly deeribed in the ;`Agreement h~ and between the pity of Denton, Texas and Denton ASS, L.P. far the Pravisian of unitary eer and dater Facilities}' ~ substantially th.e fog of the First Extension which is at~aahed hereta and made a part of this ardinance for all purposes; as v~ell as to exercise all rights and duties of the pity of Denton, Texas under the First Extension. SETI~N~ . The pity Manager is hereby autharized to expea~d funds as necessary as prodded for in the First Extension. SETI~ 3 ~ This ardinance shall became effective immediately upan its passage and appra~al. PASSED ~ APPR~vED this the day of i i ~TT~T, TENNI~`ER T~~, QTY ~T~ AP~R~D A T~ L~AL F~IVI: ~T ~~E, CITY T ~~e ~ X ~f STATE DF TExA ~ ~~]NT~ DET~N ~ FIRST ETEN~DN T~ TFIE A~EEiNT EY ADD BF~'wEEI~ T iTY DE~T~3N, TAS AND DENT~~ X88, ~~~F F~~ TAE ~~D~I~~~ ANITAY SEWER AND WATER FAiLITrE This Fn~T ETEN~~~, is made and entered into this the ~ day of . Z~4~, but is effective fram and aver the 5~' dad of June, ~~~9, by and between the pity of Denton, a Texas nau~nicipal corporatzan, wig its principal offices at 21 East cinney, ~]enton, Texas 7G2o hereina~er referred to as "i"; and DENT~~1 ~~8, L.P., ~ Texas Limited Partnership with its principal offices at hereinaer referred to as "Developer." wfTI~EET~ wREA, City and Developer find it necessary and ap~rapriato t~ agree to this Fiat Extension to the "Agreement and between the pity ofDentan, Texas and Denton L~P. for e Fro~vision of unitary fewer and 'ater Facilities" ~hereer the "Agreement"~ heretofoxc entered into by the parties on the S ofJune ~~7; and wEA, this First Extension will extend the applicable provisions of the June 5, ~~~7 Agreement, Ervin and after June 5, the end of the agreement's primary teen, for a pexiod of two additional years, until June 5, Z~ ~ and I~EREA., tty and DET~N $S are willing to extend the term of said Agreement so that development of the affected real grape nay continue to be pursued under the terms of the June , 2~~~ Agreement; and N~'L~, THEREF~~E, in consideration of the pran~ises and the mutual obligations herein, the parties Hereto do hexeby ~nutuaily A~EE as follow~~ This First Extension shall be fax a terra of an additional twenty-four {~4} months, beginning effective June , ~~09 and ending on June 2~ l l . This First Extension nay terminate sooner in accordance with the provisions of the Agreeixient of June 5, ~~~7. Full and accurate records shall be maintained by Developer at its place of business with respect to all matters covered by the Agreement and this Fiat Extension. such records shall be rriaintained by Developer for ~ period of at least three {}years after the date of terrninatian of this First Extension. City and Developer agree that they wilf use their best efforts to resolve any dispute~s~ regarding the Agreement and First Extension, through the use of negotiation. In the event that the dispute~s~ cannot be resolved, then the parties agree that mediation ax other forms ~f alternate dispute resolution a are set forth in Chapter 154 of the Texas civil Practice and Remedies Cade shall be pursued r 4. ~Jnles~ expressXy mod~ed ~y #h~s First ~x#ensio~ all of the terms ~ pr~visians of the ",Agreee# by grid beee~ the pity of den#~~, Texas and Dentan ~5~, L;~. far the ~ro~ision of ani#ary ewer and'L~ater Fa~il~tie'~ shall remain in full farce and effect. This Frrs# Exte~s~an sha~~ he bind~ upon aid inure to the benefit of the parties here#o and their respec#~~e heirs, executors, adnazn~s#ratars, legal representatives, successors, and assigns where perrni#ted by this Agreenaent~ IN ~T~S ~~F, the pity of ~]en#on, Texas, has caused this Agreement to be executed by its duly authorl~ed City Manager; and ~evelapcr has executed this 1~greemen~ through its duly authorized undersigned partner, dated #his the ~ day of ~~~9; but #o b effective, canfiarn~ed and ratified as of the 5~ day of dune, 209. ~T~ OF ~E~T~N, TA A Texas u~~cipa~ orporat~o~a B~r~ ],.I~LJ~ r ~~J.1LL.~ M~~11 ~~JJ ~ a A.P~'R~VED A T~ L~~L FC~~M: ~~TA B~~, ATT~~~ ~ i ii~~ 1~ LLJ~Li?3 ~~~T~N X88, L.~. ~ Texas Limited artn r lp ~ ~ ~ ~ ~ s AT~'~~T: _ B~~ ~ EXHIBIT "3" ILLUSTRATION OF THE OFF-SITE SEWER FACILITIES r" i„ "~k ,r.~ P ~ ter` ~~n^.w ,r> ..a r~ ~ w" ..m_„ ;r ~ i k ~ _a , f i .m ^ 4 HILLS OF DENTON ' - PROPERTY v ~ ° v a 3 ~ ~ ~ t Milam a `o~ t PROPOSED CLEAR CREEK ° INTERCEPTOR ~ ~ . r } ~ ~ a. , ° M.~ a ®PHASE 1 PHASE 2 ~ CLEAR CREEK WATER `°w°ti RECLAMATION PLANT ~ ~ ~ F, f.= r ~ W ~ _ ~ t PROPOSED LIFT STATION J ~ J ~ ~ _ L ~ PROPOSED FORCE MAIN - ~ ~ - ~ 1 ° ® ~ s 0~ _ ~ ~ ~ ° . ~ ~ ' ~ CLEAR CREEK I ~~r RECLAMATION ~ r. a ~ y ~ :PLANT PROPERTY ® ~ ~ A ~ ' - ~ I i ~ a~ ~ ® ~ ~ University e x ~l ~ ° I I I ' A P ` ~ c m pa°"" i ~ ~a e ' i ~ ~ ~ ~ ~ e r ~ > 1 wi ro.~"'a.4p ~rw ~ ' EXHIBIT B 1 inch equals 5,000 feet ORDINANOE NO. ?~~7- , AN ORDINANOE OF THE CITY DF DENTON, TEAS, ALJTH~RI~INC THE CITY MANAGER T~ EEi~TE AN AIEMENT ~Y AND BETEI~N TI~~~ CITY ~F DENTON, TEAS AND DENTON 25, L.P, FOR THE PROVISIONS OF SANITARY SEER AND CATER FACILITIES PERTAINING TO THE HI~,L OF DENTON, A DEVELOPMENT LOCATED IN THE CITY OF DENTON, TEXAS; AND PIO~IDINC AN EFFECTIVE DATE, . WHEREAS, the City of Denton, ~`exas and Denton 2SS, L.P., a Texas Limited Partnership have entered into an Agreement providing far the mutual costs and respansib~l~tles of the parties regarding the mutual obligations of the parties regarding the furnishing of sewer and water facilities 1n a eertaln appraxllnate ~ 1 ~ 1 acre tract of land, wlth~n the City of Denton, comrnor~ly known as the "Hills of Denton:" and ~UI~IEI~EAS, the ~lty l~elleves that the Agreement In the best Interests Of the ~lty and provides for the measured water and sewer grov~th of a new developrrlent north of Denton, and that a valid governmental purpose is served by said Agreement; NOS, THEREFQI~E, TIDE COUNCI~I~ OF THE CITY OF DENTQN HERBY ORDAINS: SETI~N 1. The Mayor, or in his a>~sence, the Mayor Pra-Tern, is hereby autharized to execute, an behalf of the City Council of the City of Denton, Texas, the "Agreement by and Between the City of Denton, Texas and Denton ASS L.P. For the Provision of Sanitary Sewer and water Facilitzes," which Agreement is attached hereto as Exhlblt ::A" and Incorporated by reference herein. P~CTION , The pity 1Vlanager shall have the authority to expend funds as are necessary to perform this Agreerrient. SECTION This Ordinance shall become effective irnn~ediately upon its passage and approval. r PASSED AND APPROVED this the; day of , ~~~7, r R . IVIcNEIIa~1~, MAYOR :I~ur Documer►tsl0rdinanccs107l~ewer and Water Agreement-Mills of Denton Project-~007.doc ATTEST: J~NI~IFEI~ ALTAR, CITY E~RETARY ~Yi d AFPR~ R ~D A T~ ~,EAL F~R~VI• ~DI~ NI. NYD~R, CITY ATTORNEY By. Pale of 2 THE STATE IMF TEXAS ~ CI~UNTY IMF DENTIN AGREEMENT BY AND BETWEEN THE CITY IMF DENTIN, TEXAS AND DENTON ASS, L,E. EAR THE PRI~YIII~N ~F SANITARY SEWER AND WATER FACII}ITIES T IS AGREEMENT {the '`Agreement"} is made and entered into on the day of` 2~~? by and between Denton CBS, L.P., a Texas limited partnershie {the "Develo er"} and the pity of Denton, Texas, a municipal corporation and ahome-rule 17lunlclpallty {the "pity"~, located in Denton bounty, Texas. RECITALS: WHEREAS, the Developer is the owner and developer of the ``l-lills of Denton,,, r~rhich is a development located in the City, that contains approximately X121 acres of land, and is more particularly described in Exhibit "A" v~hich is attached hereto and incorporated herewith by reference {the "Development"~; and WHEREAS, certain off site sanitary sewer facilities need to be constructed in over to meet the demands projected to be created by the Development; and WHEREAS, in addition, the City desires to construct sanitary sewer facilities to meet the needs of the City, which are above and beyond the needs projected to be created by the Developrr~ent; and WHEREAS, certain ate=site connections to the pity's water distribution facilities need to be constructed by the Developer, at the Developer's cast to provide eatable water service to the Development; and WHEREAS, the City and the Developer have entered into this Agreement to set forth the terms, conditions, and provisions under which the proposed sanitary sewer facilities and the proposed water distribution facilities will be constructed and paid for; and NI~W THEREFORE, in consideration of the rriutual covenants contained herein, and the mutual promises and undertakings by the parties hereto, the cuff rcieney of which consideration is hereby acknowledged, the parties hereby AGREE as follows: l , Description of ear Facilities. The sanitary sewer facilities provided far in this Agreement {the '`Server Foci 1 ities''}are described as follows, A. The off=site Sewer Facilities to provide wastewater service to the Development and to the ilamllear Creep Sewer Basins will be constructed in two phases, as depicted in Exhibit `'8'` which is attached hereto and incorporated herewith by reference. 4SS3 1 B, The "Phase I'" project will include construction of the 3a-inch off site sewer line from the Development up to the proximity Qf the proposed 1,8 t~illian gallons per day ~mgd} lnterir 1Vlilam Creek Lil:~ Station {IMCL}, a 1 ar 1 S-inch sewer line connection from the 3~-inch sewer line to the IMCLS to carry 1.8 mgd flaw, and the construction af' the IMCL and approximately B,SDD feet of 8-inch force rriain Pram the IIVICLS to south of I~aap 288, to discharge wastewater lnta the C1ty's existing wastewater collection system alnng Stuart Road. The Phase II project will include construction of the sanitary sewer line extending from the ICLS to the Ctear Creek water Reclamation Plant ~"CwRP"} site, the line's destination, and construction of the CwRP. During the construction of the Phase II project, City wastewater service to the Development will be maintained, without interruption, for all phases of construction in the Developr~rent. Developer's Construction Project. Developer is responsible far the survey, design and construction of` the entire off site ``Phase I" prc~~ect see definition of'`Phase project in Section l.B, above}. Also, the Developer is responsible for the design, easement acquisition and construction of all orr-site sanitary sewer facilities needed to serve the wastewater needs of the Development. The City agrees to grant access to the Developer, its successors and assigns, and their respective employees, c;antractors, subcontractors and agents, upon any property, casements, ar rights-af way awned by the City in which any of the an-site or off=site sanitary seiner facilities are intended to be located. The City shall review all requests far easements and rights-af=way to assess whether any feasible alternatives to condemnation e~cist. Any and all reasonable costs and expenses assacrated wrth abtainrng such an srte easements ar rights-of way, including but not limited to land acquisition casts, reasonable attorneys' fees, reasonable engineering fees and other reasonably foreseeable costs, shall be the sale responsibility of the Developer to the extent Developer specifically requests the assistance of the City in ~vrlting in connection therewith. A. The Developer at Developer's sole cast shall submit to the Cit~r a sewer master plan that reflects the wastewater needs of the Development per the zoning far the Development that is approved by the City In addition the sewer master plan shall include all existing or projected wastewater flows Pram upstream off=site areas that drain through the Development. B. The sewer master plan shall comply with the latest edition of tl~e City of Denton waterlwastewater Design Criteria Manual, which is incorporated herewith and rrrade a part of this Agreement by reference. The sewer master plan submittal and review gill be required during the general development and preliminary plat process. C. Any aversive of an-site sewer lines required to accommodate wastewater flows frorrl contributing off site areas will be paid far by the City, in compliance with the current subdivision and development code requirements ~f` the City, The parties hereto understand that aversive participation agreements are subject to the approval by the Denton City Council, alter the City Council receives a recommendation from the City of Denton Public Utilities BoardF D. Developer understands that the City charges impact fees for all new ar expanded water and sewer connections to the Crty waterfwastewater• system. Developer's costs related to survey, design and construction of` the "Phase 1'' project da not represent any credit against the impact 488 2 fees due and awing to the City. Irripact fees are assessed far all connections to the pity waterlwastewater system based upon the rate schedule that is in effect at the date that the plat aI` the Development is accepted by the City, Impact fees will be collected at the time a building permit i obtained; or if ~ building permit is eat ~~equired, they are collected at the time an application is filed far a new connection to the City's water or wastewater system. Developer also understands that it shall also receive na credit against any rr~eter connection fees due to the City, E. The City and Developer agree that if Developer does not complete the construction of the "Phase project by the second anniversary of the execution of this Agreement; that the City may elect to terminate this Agreement without any liability therefore; ar in the alternative, the City may elect to offer an amendment to this Agreement, but is eat required to offer said arrlendment to Agreement, tar Developer's consideration. F. The Developer will eat be responsible for payrrlent of any cost share in the sur~~ey, design, construction, and easement casts far the Phase II project. The survey, design and construction of the "Phase I'' project will be the only obligation of the Developer tar aff site sewer construction to obtain wastewater service far the entire Development. 3. City's Construction Project. The City is responsible for the aff site easerrient acquisition far the '`Phase 1" project, and far the survey, design, easement acquisition and construction of` the entire Phase II project as shown in ~xhihit "B.'' A, As wastewater I~ows reach the capacity of the IMCLS described in Section l,B. above, the City will commence the construction a~`the "Phase [I" project, which will at that time include the sanitary sewer line extending from the ICLS to the Clear Creek Water Reclamation Plant ~"CCwRP"} site, the line's destinatto~n, and the City will at that time construct the CCV~RP. During the construction of the Phase II project, City wastewater service to the Develaprnent will be maintained, without interruption, for all phases of construction in the Develaprr7ent~ B. The City will provide for adequate wastewater capacity in the off sire Sewer Facilities for all phases of construction in the Development in accordance with the zoning that is approved by the City. 4. Description of Water Facilities, Water supply far the Development i available frarn the existing thirty-six ~~G'"~ inch transmission pipeline located to the south of the Development clang the earth side of` Laap 28. The City prefers that connections to the pipeline come from only faun ~4} existing pipeline stub-outs located at: 1. The northwest corner of Loap 2$S and Locust Street ~FNi 21 ~4} ~ l ~-inch} Approximately 3,2~a feet west of the above location along the north side of` Loap 2~SS X12-inch}. 4, Approximately an additional l,SDO feet west of the immediately prev]nus location clang the north side of Laop 2~$ near the northeast corner of the l4]NT Research Campus two connection points, 1 ~-inch and 1 ~-inch} 4~~53 3 In addltlon there is an existing 1 ?-inch waterline located on Milani Road {~M 3 l approximately 2,750 feet east ol~ 1H-35, available far extension alar~ Milani Road to provide additional capacity and service to the northern section of the proposed development. A. water service from the thirty-six inch ~3"~ transmission p1pe11ne w111 pravlde adequate service pressures for the Development at a water service elevation of na more than 712 t~ MIL, in accordance with current Texas ~orrimissian an Environmental quality ~Tl~} regulations. It is recommended to the Developer by the pity that any properties within the Development that are in excess of this elevation be served by a separate pressure plane system ar be re-graded to an elevation lower than ? 12 ~t MIL. B. current pity subdivision regulations require the Developer to design and to install booster pump stations that are not part of a city-wide pressure plane system. Based upon a prelirr~inal-y review of the topographic elevations of the Development, there is only one {1} location that may have dif`f~culty with meeting this criterion. Acceptable alterative options for this area include: 1. Re-grading the area to laver the hill to an elevation of less than 71 ~ ft MIL. Providing a booster pump station and pressure plane acceptable to pity standards. The pity inay elect to require that this system be privately awned and operated, depending upon the factual situation consider park space, open space or other land uses that for this area that will not require pity water service The Developer, at Developer's sole cost will be required to perform a water distribution system analysis and master plan for the Development to identify the necessary water systerrl improvements needed to serge the Development under a build out condition. D. The pity will provide suitable hydraulic information for the existing transmission pipeline system for the Developer's engineering consultant to use far boundary conditions far their distribution model. If the Developer prefers, the pity will make arrangements for air engineering fil~rn to perform this engineering analysis; however the Developer understands that this engineering analysis would be solely at the Developer's cast and expense. lJ. It is anticipated that the Development will require a minimum of three, and a maximum of four aff~site connections from the Loop 2S8 water transmission system, to serve the build out condition for this Development. The waterline along Milani Road will provide an additional supply. The overall density at` the project, the land uses and fire protection requirements; the phasing of the Development; and the sizes and timing of the aft=site waterlines will have a bearing on the number of connections required and their required size. 1~. All waterline extensions shall be designed under current pity subdivision and development code and design criteria manual requirerrzents. The analysis and review will be required during the general development and the preliminary plat process. All off site water line extensions will be subject to consideration for oversize participation agreements by the pity in accordance with current pity subdivision and 48b83 4 development code requirements. ~versiLe pat`ticipation agreements are subject, however, to apprav~l by the Denton City Council after receiving a recommendation from the City of Denton Public Utilities >~oard. H. The Developer may elect to request apro-rata agreement from the City far any o~'f site water itnpravetnents in accordance with current City subdivision and dcveloprrxent code requirerr~ents. Pro-rata agrerr~ents are subject to approval by the Denton City Council after receiving a recommendation frorr~ the City of Denton Public Utilities Board. I. All waterlines in the Development shall be installed within dedicated City street right-a~~ ways or within public utility eacrnents, as are approved by the Director of the City's water Utilities Department. Extensions of waterlines slang Locust Street ~FM. 21 ~4} and Milani road ~FM ~ 1 will require a public utility easement of a rrllnlmum width of twenty Feet, located adjacent to the future right-of way dedication for F 21 ~4. The Developer expressl}~ recognizes and understands that the location afwaterlines within the FM 214 Highway right-of way will not be approved by the City. 5. Design of Public Irr~provernents; App~l of Plans and Specifications. All public improvements associated with the Developer's construction praject and the City's construction praject thereafter the "Public frnproverrtents"} shall be designed and constructed in accordance with the City's standard specil-icatians far public warps construction; which specifications are incorporated herewith by reference. A, Construction for the Developer's construction project shall not cotnrnence until the Developer and its contractor enter into the City's standard three-way public works contract between the City and the Developer, and its contractor the "Three-way Agreement"}; and a performance band in the arrtount required; a payment band; and required insurance certificates are delivered to the City} in the farm and substance required by the City. Notices. Any notice, demand or other communication required or permitted to be delivered hereunder father than invoices to be delivered as hereinafter described} shall be deemed received when sent by United States mail, postage pre-paid, certified rr~ail, return receipt requested, addressed to each respective party, or sent via facsimile to the fax number set forth far each party at the time indicated an the confirmation of transmission generated by the sender's electronic equipment, as follows: If`ta the its: with a co~y to: City of~ Denton, Texas City of Denton, Texas ~ 15 East McKinney Street ~ 15 East McKinney Street Denton, Texas 7201 Denton, Texas 7201 Attention: Howard Martin Attention: Jiro Coulter Assistant Ctty Managetf Utilities Directar of water Utilities Fax No.: X940} 349-5120 Fax No.: X940} 349-8120 4SG83 5 Ifta the Developer: with_copies ta: Denton ~ S S L. P, I~ Tomlin Investments, Ltd. Tomlin Investments, Ltd. 426 Kellway circle 425 Kellway circle Addison, Texas 75~~ I Addison, Texas 7~~~ 1 Attention: Dan Totnlir~, III, President Attention: Rod ~ielke, Partner Fax No.: ~9?~} 78~-4247 Pax Na. X972} 7884247 The parties hereto may change their respective notice addresses for all corrtt~unicatians and invoices, by a written notice delivered to the other party, in accordance with the terms of this Section 7. Time is of the Essence. Tune i of the essence in the performance of obligations under this Agreerrient. H~ Coverning_La~r and_Re u~ latary Authorlt~. This Agreement was executed in the State of Texas and shall be governed by, construed, interpreted, and enforced all in accordance with the laws of the State of` Texas. All obligations of the parties created under this Agreement are fully performable in Denton bounty, Texas. The parties agree that exclusive venue for any lawsuit enforcing or interpreting any of the rights and obligations, or for any other cause of` action arising under this Agreement, shall be court of competent ~urisdictian in Denton bounty, Texas. 9. Entirety of A regiment. This Agreerrient constitutes the sole and entire agreerr~ent and understanding between the pity and the Developer. Neither party hereto is bound by or Liable far any statement, representation, promise, inducement, understanding, ar undertaking of any kind or nature, whether written or oral, with regard to the subject matter hereof not set forth or provided or herein. This Agreement replaces all prior agreements and undertakings between the parties hereto with regard to the subject rrYatter hereof. It is expressly agreed that the Parties may have other agreements covertt~g other services not expressly provided far herein, which agreerrxents are unaffected by this Agreement. l Farce Ma~eure. The pity and the Developer shall not be in default or otherwise liable for any delay in, ar failure of performance under this Agreement if such delay ar failure arises by any reason beyond its reasonable control, including any act af` hod, any acts of the common enemy or terrorism, the elements, earthquakes, foods, fires, epidemics, riots, failures or delay in transportation or comrrlunications, or any act or failure to act by another third party or such other third party's employees, or agents, However, the lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The parties gill promptly inform and consult with each other as to any of the above causes, which in their judgment tray or could be the cause of a delay in the performance of this Agreement. 11. everability. If any term or provision of this Agreerrlent is held by a court to be illegal, invalid, or unenforceable, the legality, validity or enforceability of the retraining terms or provisions o#` this Agreement shall not be affected thereby, and in lieu of each illegal, invalid or unenforceable term ar provision there shall be added automatically to this Agreetrertt a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or unenforceable, 4853 ~ 12. Attorney, ~ l~,ees. ~hauld either Party to this Agreement commence legal proceedings against the other to enf orc;e the terms and provisions off` this Agreement, the Party mho dais not substantially prevail in the proceedings} shall pay a reasonable arriaunt of attorney's fees ar~d expenses including, but not limited to expert witness fees and deposition expenses incurred b the substantially prevailing Party, 13. ~4mend~nent. This Agreement may be amended only upon the mutual agreement of bath af' the Parties hereto, which amendment shall not be effective until tt rs reduced to wilting and authorized and executed by the Parties. 14. Assi ~n~, ability. The pity and the Developer agree that this Agreement may not be assigned without the prior written consent of the other party due to the special covenants, nature, and subject matter of this Agreement; provided, however, Developer shall have the option to assign this Agreement or any part of this Agreement ar any right, title or interest of Developer under this agreerrrent to a ~a} any person or entity ~Develaper Assignee''}; provided that the creditworthiness of the proposed Developer Assignee is equal to or greater than that of the Developer; ar fib} any lender providing refinancing far the acquisition andlar developrr~ent of the Development in whale ar in part, upon the written consent of the pity provided: ~a) The assignment is in writing, executed by Developer and the Developer Assignee following the advance written consent of the pity; and fib} The assignment incorporates this Agreement by reference and fully binds the Developer Assignee to perform eta the extent of the abligatiat~s assigned in accordance with this Agreement; and {c} A copy of the executed assignment is provided to all parties. From and after the el~f~ective date of any assignment by the Developer, the pity agrees to look solely to the Developer Assignee far the performance of the obligations assigned, provided, however, no assignment by Developer shall release Developer Pram any liability to the pity that arose frog an event of default by Developer far from any failure by Developer which, if not cured, would constitute an event of default} that occurred prior to the effective date of the assinrrzent. Each Developer assignee shall become a party to this Agreement when a copy of the executed assignment has been provided to all afthe parties. 1 No waiver. The failure of he pity or the Developer to insist, on any occasion, upon strict performance of~ any provision of this Agreement will not be considered to waive the obligations, rights, ar duties imposed upon the Parties. Na waiver of any breach ar violation of any term of this Agreerrtent shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same ar of a different type of breach or violation. 1 No Third-Party Beneficiaries. This Agreement is not intended to, and does not create rights, remedies, or benefits af' any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties hereto and their permitted successors- in-interest; and the obligations herein undertaken and assumed are solely for the use and benefit 4883 7 of the Parties, their successors-its-interest, and at~y permitted assigns pursuant to the terms and provisions of this Agreement. ] 7. Paragraph l~.eadins and Construction of Agreement. The descriptive headings of the various articles and sections of this Agreement have been inserted far the convenience of reference only, and are to be afforded na significance in the interpretation ar construction of this Agreement, Both Parties hereto have partlc;lpaCed ~n the negotiation and preparation of this Agreement, which shall not be construed either more or less strongly against ar for either Party. 1 fender. within this Agreement, wards of any gender shall be held and construed to include any other gender, and words iii the singular number shall be held and construed to include the plural, unless the context otherwise requires. 19. Exhibits. All Exhibits to this Agreement are incorporated herewith by reference for all purposes, wherever reference is made to the sarr~e. I~indin~ Effect. This Agreement sha11 be binding upon and inure to the benefit off` the parties and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns, 21, Multiple Counterparts. This Agreement may be executed in four ~4~ original counterparts, each of which is deemed an original, but all of which constitute but one and the same instrurrient 22. Authorit . The City represents that this agreement has been approved and duly adopted by the City Council of the City in accordance v~rith all applicable public meetings and public; notice requirements including, but not limited ta, notices required by the Texas open Meetings Act} and that that the individual executing this Agreement an behalf of the City has been authorized to do sa. Developer represents that this Agreement has been approved by appropriate action of Developer and that the individuals executing this Agreement on behalf of Developer have been authorized to do so. ICrATUI~E PACE IMMEDIATELY F~LL~w THIS PACE 4853 $ ITNE HER~~F, the Parties have caused this Agreement to he igned b}r their respective duly-authorized officials and officers on this the day of 207. . "CITY}' TIDE CITY ~F DENTIN, TEA A Texas Municipal corporation E . SAM BELL pity Manager ATTEST: JENNIFER ~VALTER~, CITY EETARY ~y, AI'I'R~~ED A T~ LEGAL FPM: EDWIN NYDER, CITY ATT~RNE~Y "D~Y~L~PER" Denton X88, Ltd. By:Denton ~ P, , A Texas ~ it liabil y company, Its e ral P ner B: Name Manager 4853 9 A~KN~V~LEDEMENT STATE ~F TEXAS COUNTY ~F DENTIN This instrument was acknowledged before rr~e, an this day of X007, b~ eorge C. Campbell, City Manager or the pity of Denton, Texa,~; a Municipal Corporation, on bhal f of the same L.S. ~ l 4~.~ti~~Y ~A~~ ~ICI~A~DS~~I N tarp Publlc In and far the State of Texas ~ Notary R~bfic, State of Texas ; Icy Comrnisaian ~xpifss a~~ 4`` J11r1@ ~7"~ 209 STATE F TEXAS COUNTY ~F DALLAS leis instt~ment vas aciCn v~led led before me, the undersigned authority on this ~ day of , ~D~7, by ~ ,the Manager of DENTIN 2$8 P, LLC., a Tex ~ limited partnership, acting an behalfof DENTIN 2~8 L.P. [L.S.] N ary Public ' an far he State of Texas ti~x~~iu+~r~j l~;Y ~~d ~4 .~r ~ fi" Notary ~~biic, state of Texas My ~QrrI~t115~1OC1 ~x~ira~ S:~O~~r [~ncuments~Con~rac~s~(}71f~~i~ls ~~1~I~cnton-Ser~~er & ~'~'ater I~~cilitic~s-A~r~.}ernent-2Ut)7-MSS I)rai~ (k~~5U7.doc 4883 10 ~~HIBIT "A" LEGAL IIE'RIPTI~N ~F THE DEVELI~~~VI ANT 11ErAi~ ~t~R1P`I~I~N All that certain. tract af' land situated in the Harris May Survey, Abstract ]~lurnber H47r the .l. . bollard purvey, Abstract Number X97, the Alexander White Survey, Abstract~Number 14p~~, aril the Victor Collor Survey Abstract Number 4~~,,'i]nton bounty, "lAexas and.being all of the called 99.78 aexe tract described i~n the deed .from ]~airnlCates alloruay, lnc. to l~axry E. '~uhl~en ct u~c rccarded in ~laluz~e 131 .Page 14G of the Deal .Property records oi' 1~enton nui~ty, Texas, part of the called 3 84.5 1 acre tract described in the I]eed froir~ Amest Savings Association to 1~awrence ~ uhlken et ux recorded in ~nlurne 134, Page X37, o~ the said deal 1'raperty l~.ecord; and all of the called X4.8.7.1 acres described in the deed #'ro~~ Flsie 1.~. dole to Larry l~. luhlken et u~ recorded in Valutnc ~3~~, Page X33 ofd the Deal Property Recards;~.tlxe su~b~ect tract being mere particularly described as follows: BF~T~TN~hi #~or the outhcast~ carrier of the tract being described herein at a I8 inch irc~t~ rod found at the Sc~uthcast sorrier off' the 299.73 acre tract and the Northeast c~orner~ of the called 11 p.~7.. acre tract described in the Deed from Teri, Taylor Companies, rnc. to V`andalar l'artncrs recorded under Clerk's Pile ~urr~ber~ ~3-pD44.97 on. the South line of the Victor tailor Survey, Abstract 3Wurr~ber 45~ and the Vest right-of-way:line~pf rlVr Highway ~1 4; Tl-~LNC:1 North SS degrees 4~ minutes 41 seconds 1~Ucst generally alal~g an established fence line -with the South Brie of the X99.738 afire tract a distance of 4851.39 feet to a ~f~ ;inch iron red FCo~ind at a fence sorncr past its an abarrdaned road; F1~H1~fNC>•,~ North f~ 1 degrees i 2 minutes 24 seconds Last generally along an established fence .line in the old read. with the West line a£ the.~9.735 acre tract a distance of 1 l 8.17 feet to a lf~ inch iron rod found at a fence earner post at the reentrant corner thereof; TI-l1NC1~ North 8S degrees minutes S 1 seconds West, a distance of 1733~~3 feet to a fence co trier post at. the outhvucst corner o f the 29.73 8 acre tract;.. "1,I~FNC~ hiorth SS degrees ~ tritnutes 53 seconds Nest generally alan~ an established ~"encc :line with tl~e South 1ir~e of the ~4.87i acre tract~.a distance o~ 9.11 feet to a 'l~ inch iron rod found at an angle paint therein; ~~l~~~NI~ Forth 89 degrees ~9 rninutcs 1 ~ seconds West cvntiriuing with the youth .dine ~f the (4.87.1 acre tract a di~tat~ce of= 1 ~9~.~p feet to a 'f~ ii~ch :iron rod found with ~a yellow plastid cap hereinafter referred to ~as a 'f2 inch iron rod found;. T1-11NC1~~ South ?0 degrees O 1 minutes 4~~ccoiYds "West a distance of~ 1,10.83 feet to a 'f~ inch iron rod found; h "I't-1~]~TCI~ North 88 degrees 49 rriinutes.03 sccond~ West a dist~ncc of x$5.29 .feet to a Y~ inch irnn rod faur~d; . Tl-i~NC~ North 01 degrees 1 minutes :seconds bast a di~stanse of 39.81 feet to a 'la irt~h iron tad found; ~eg~l l~~scription Page l T'1 ~1~I~; 1~ Guth ~8~ draes, mintas. ~~ao~~ds fast ~a.~i~ta:~ce~~of ~~~4.~ 1~ feet~tc~, aa!I~„inch .iro~a~ rvd fau1~~; `~~~l~nl ~~lorth ~ ~ ~derees rr~ii~utes 5~ sec~~nds cneral~ly- alan~ n ~etabli~~~ed ~cnce line with t]~e Est li~ie~ ~1'. the X4.57 ] acre trac~~ a ~isiance off` l ~~4:~~ feet to. a:crnss~tic , fence corner gist at Ehe l~artheast corner of~the~ c~11ed :4~.8~3 Beres described `:in the ~ee~i~ from 1W~~i1 '~lti~: ~ ~ ~ cl~~~{artf tc~~ l"~t~by w~ir~ch recorded in ~'alurt~c~4~~,~1~~ ~47~.01~ tl~e_~eal~ >~o~erty records and tl~e ~i7nst ~uthcrly. Southeast corner of ~he.c~lled~ 7~.7C9 Yares described in.tl~e D~~d f`~~a~r~ ~i~tii~~r, ~Ir~vi1~, l~elancy c;i. ux to ~[,ho~~~~s :~~l:ultc~n et u~ recorded in llalu~~~:S3f~; pa~,c~~~~'3 ~i~`'tl~c~:al Prope~`~}~~ l~eet~rds; - . . ~~`l-1FNl~ l~~rtli~OD d~~rces ~~.`~~~i~~t~tesa~ ] seconds l~~st ~nerall~}~ ~l~n~. ~tn.~~stabli~l~ed feE~cc~ line ~~rith the t•li~~e of` the C~-.S~l acre ~r~cf~a dist~incc off' ]~~a.8~ f~;et to a~~fe~~ee ~orner~~~~st~~t.~~~~ Na~th~uet carter thereaf; Tl-IEF South dc~rces~.1 a'in~t~l~te~ ~7 econ~s Fat'~enerall~.,aiang aid°cst~~l~lihd~-~fenc~ li~ie ,~rit~~ the north line of the f 4:87-] ~ acre tract c1l~d' the ~uth~, lrrxc of~~th ~7~:7~ ~~crc~~ tract a dit~~nce,, off` 10~.9~ acct to: a lneh ~ra~~ rad found~'~t : ~~~~ce:: cort~er,,at~~ tl~e- outhcast corn~~ th~reof,.~tl}e northeast eorne~ of"tl~~ X4:8?] acre tr~et;and;~r~~~t~~Ie point an~tl~~~V~el lir~e.af~the~~,~~:~] acre. tact; Tj-~N.1~: nortl~ a4 degrees minutes 1~ .e~on~'}~~st~ ala~~~' ~~uf~ll:'establis~ied fence ~yith.;th~ Fast line of the called. of an acre:'-~ract~descr~bed:in the:dec fr~n~ ;]~av~rn~ uh,ll~cri . , Jeanine ul7lken to '.i*har~7~as ~ ~~ultor~ et,u~t~,recor~cd .under ~erlC's ~"ire nurrib~r. ~a4-$2~3~; a distance of ~~.57 feet tc~ a 'inch iran .:rod 'with "a ,yell~~v plastic .cap ~sta~~~ped '"~~Ll~l~~ , L. 0,~ ] sct~ a~ .a fence corner ~ past'.at~ the ,artl~east~ corner_ thrca~f; '"1"~-f~~ Narth de~,rees 2~ rninute~ ~ D~ ~sccond~. hest. a~an: ~ f'ej~cc cal l~~ . ~o~ in the N r ~clecri 'tin ~f they 7~:~~ ~acre;tra~:t ar~d:.th{orth .line ol'_t~e ~ai~i 4.~~,:~~1` an acre. tract~~distar~cc 'of ~:9~ feet t~ the.~orth~~re~ corn,er~ theredf ~n the c~t:li~i of.th~e 3~84.~ 1 acre t~~ct~. 4 r `~"~~~F~i~~ north .00 degrees 4a i~it~utcs ~1 ends ~t~ast. ~~vitl~ the ~Ilst line of the 38:5 I acre tract and ~a~t ~~t" an cstzib~i~hcd #`c~ce~ ~ d i stance .of l'4 t l . 9 f eet, to f~ ~ricl~~} rorx rod' f oi~nd ~~~th a lactic c~p~ st~r~lpcd "1~lliance" at,thc ~lorthv~rc~t~~orner tlie~~o~'; '"l`l-lll~l~ South l~S do ~rees~~, n~ix~~~tes~~~ seconds ~l~.ast~ge~ierall}~alati ~an~stab~ihcc~ fnce'line ~v~rith the' ~orth~ line .~of tl~e, ~ 8,52 afire tract d~tance of .1 X8.7 felt ~to ~nc~~-.tran.;~rpc f~~lnd a't an at~l.e ~.~tt~t tl7erci~; `~t~'`~~~~ Sauth.89~de roes n~~r~iites~~11 "sec~~~.ds Vast c:ontinuin t~rll~,al~rr~;a' i~enee'part~. 1 1 . . - r ~ I 5 af~ the ~va~ ci ~~ith~ the earth line: of the~:~~84.5~ 1 afire ~~t,_di~t~.nce t~5~:7 feet tc~,a I2 tnch }ran rah ~foutd at'~tl~e northerly nar~hea~t, ~orne~r tl~~:reo f; rl~'f-fFI~~F Sol~th de~rc~cs minutes ~ seor~ds' Fait ~e~crall~ alone a f~:ucc -past of+~hc. ~~~a}r and. ~~itl~~the most nOrthert~ fast li~~e ~f:the,34,~~1.ac;~e tract~a di~~ani~;~', off' ~?~1.~~ fc~t,'to a~. 'fence carner;pdst;- h ~,e~~! D~se~i~iptia~~ ~~~e ? 4583 1 ~'1•ll~l~l~ Sough 9 dercc ~ n~in~ites ~ 1 ~eco~~d: ~at•,en~rally along a~~ established f e~~c, ~ir~c ~~ri~h tl~e ~brth lire cif tt~e,384.21 afire ~ra~t ~ distance off';3$9~.0~ felt to ~~•'l~ inch iron rod found at tl~c l ~astcrly i~ort~~eas~ earner ih~ereof' on tl~e Vl~estYri~ht~of -~~a~. li~ie- af.th~.l~ M , ~-li~h~yF ~ 1 G~.; J . Tl~l~1~~1~• ~~ii-h th~ Nest right-ofi~~vay lihc ~f ~Nl~ i~l~wa~► ~1'~ ~nd,t~e ~a.st ~ine•af'tl~e ~8~,~~1 acre~tract tl~c ~oll~~~vin- ells:. 1. S~utli:~~ ~de~re 4 minutes s~c~ond ~c~t.~at cl-istance ot~ ~~~:~8 •feet•ta ~~~~'I~ .inch ~i~on C~C~'fQl.lnd; South ~~ic Drees minutes ' 13 ~cond et ~ dit~~i~~c: of` 1 X0.44 feet t~~ ~ inch iri~n. _ _ . r R i rod rou~ad, 4✓ c~t~th de Drees ~4o.r-r~ii~ut~~, S.o seconds 'VVet:a ~istanee ~f~-OO,~~Mfe~t-,to ~ % ~n~~~~ irai~ 1~ rod fo~►nd; c~uth o4~ de reel 5~ 1ninutcs 49 scontl ~ast,a'di~tar~co o~ 1 ~f~e~t to a, lz inch iron S ~ _ rod found; ~tl~ d~ ~~re~sf 40 ~~~ir~utes~ 4~.~eevr~ds~' ~'~st ~ dist~nee~ of 40.1 ? felt- a..'Iz~:~inch ~i~an 5. Sou _ . _ r~~ ~faund; k •-q . South o do ~ ~ree~~ n~inutcs ~3 seconds: a .~itr~c~. of,l ~ l .off fcet:to in~~ i,r~i~ rods found;; S~uth..~o de reel ~6 minutes 4~ se~or~~s ~ct4a ~i~tr~ce of ~9:8~ f~:ct to fioac~ r~lt- ~af~~vay•monumen~ found: r ~ S~out}~ ~07 degrees 4~ ,~~~i:nut~ ~ ~3 ~'s~c~i~d~. ~~~t' ~.~d istance :of 10 ~ feet to a inch~irorr rr~d~ fund; ou~~l ~de =ryes 42 ri~inut~s 49 secc~ncls ~I►,1~t a .dis~an~e of;~~ $,4~5~ .~~et to£~ #I~ inoli iron . s, rad faiind at tie ou~l~east oorner, of the ~ X4,.1 c~ trot and the. orthea~t~ corner of 'thy: X99.73 ac~re• tract; ~•d~ Frets 41 ~n~~~r~es a8 seeo~ds est~=itl~~~he ~r.rigl~~Yc~f=~~~ay~ zinc 1w l ~"~-~~~~.outh ~0 ~~i ~h~~~a ~ 1 4 rid 'the l;a~t line o~~ the ~99a7~~ ~a~re t~aet ~a ~ditan~~ of 1 41.0. teen to tie PL~~~: ~31~I~~l~ll and-1~~1:~~S1~C~ 745.98.E acr~,s. E~eg~i[ ~~scri~tior~.-- Pa~e43 4883 13 E~HI~IT "B}' ILLI~TRATI~N IMF THE OF~"~ITE EV4~ER FAII~ITIE E~cH~err ~LLUTRAT]~N ~F THE OFF-SITE ~E~NE~ F~4~ILITIES ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~RuPE~Y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ PR" 1 ~ I ~~5E~ ~..E~R CR~~[ 4 NTE~C,ERT~~ ~ ~ S~ S ~ ~ F ,~t' ~ ~ ' { ~ . ~ ~ yyy .o- j` ~ ~ ~ /1 If k y ~ ~ ~ ~ S ~V . ~ * F Iy[~' f~!lYF ~ti~Fe~iY _ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ EHIBiT ~ ~ r~~ ~,~aa 4SGS 14 a . r ~M ~ z v~ 'i~''Y ry~ ~ fi" ~ r~i ~a Q ~ r" w~- v 4 K.. o7r . ~ V IEr A  . . . . . 1 2 DRAFT MINUTES 3 PUBLIC UTILITIES BOARD 4 March 23, 2009 5 6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 7 present, Bill Cheek, Secretary, and as Acting Chair of the Public Utilities Board thereafter 8 convened into a Closed Meeting on Monday, March 23, 2009 at 9:00 a.m. in the Service Center 9 Training Room, City of Denton Service Center, 901-A Texas Street, Denton. 10 11 Present: Bill Cheek, Phil Gallivan, John Baines, and Randy Robinson 12 13 Ex officio Members: 14 George Campbell, excused 15 Howard Martin, ACM, Utilities 16 17 Absent: Charldean Newell, Dick Smith, and Bill Grubbs, excused 18 19 20 OPEN MEETING: 21 22 CONSENT AGENDA: 23 The Public Utilities Board has received background information, staff's recommendations, and 24 has had an opportunity to raise questions regarding these items prior to consideration. 25 26 1 } Consider recommending approval of an Interlocal Government Agreement by and between 27 the University of Texas at Arlington and the City of Denton Solid Waste Department to 28 provide for landfill field testing, research faculty and graduate student support for baseline 29 and periodic on-going studies on several parameters of the landfill associated with the 30 biodegradation of its organic components. This would be amulti-year agreement in an 31 amount not to exceed $182,787. 32 33 2} Consider recommending adoption of an ordinance awarding a contract for the purchase of a 34 ROMCO Volvo L70F Wheel Loader in the amount ofnot-to-exceed $138,874 and providing 3 5 for the expenditure of funds therefor. 36 37 3} Consider recommending adoption of an ordinance awarding a contract under the Texas 3 8 Multiple Award Schedule (TXMAS) program for the purchase of a bucket truck with aerial 39 device as awarded by the State of Texas Building and Procurement Commission (Contract 40 TXMAS-3-23010) in the amount not to exceed $132,788 and providing for the expenditure 41 of funds therefor. 42 43 4} Consider recommending adoption of an ordinance awarding a contract for the purchase of a 44 Flushing Truck made in combination of a Peterbilt Model 340 truck and Vac-Con Sewer 45 Cleaner and providing for the expenditure of funds therefor. 46 47 5} Consider recommending approval of a Water Main Cost Participation Agreement between 48 the City of Denton and Allegiance Hillview, L.P., for the 20" water line along Hwy. 3 80 49 from Bonnie Brae St. to I-35E, for an amount not to exceed $113,403.50. 50 Draft Minutes of the Public Utilities Board meeting March 23, 2009 Page 2 of 2 1 6} Consider recommending approval of a 2-year extension of the agreement between the City of 2 Denton and Denton 288 L.P., a Texas Limited Partnership for the provision of Sanitary 3 Sewer and Water Facilities pertaining to the Hills of Denton, a development located in the 4 City of Denton. 5 6 Board Member Randy Robinson moved to approve Items 1 through 6 with a second from 7 Board Member Phil Gallivan. The motion was approved by a 4-0 vote. AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Solid waste Division ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement in the amount of $182,787 by and between the City of Denton, Texas and the University of Texas at Arlington for athree-year term to provide for landfill field testing at the City of Denton Landfill, research faculty and graduate student support for baseline and periodic ongoing studies on several parameters of the Denton landfill that are associated with the biodegradation of its organic components; authorizing the City Manager or his designee to execute said agreement on behalf of the City of Denton; providing for the expenditure of funds; and providing an effective date. The Public Utilities Board recommends approved (4-0). BACKGROUND we have been approached by the faculty from the Engineering Schools of the University of Texas at Arlington (UTA) and the University of North Texas (UNT). They are both interested in working with us as we develop the landfill into an anaerobic digestion processing unit. They see an opportunity for both parties. UTA has an established engineering curriculum for graduate and undergraduates in solid waste and environmental engineering and has operating research laboratories in which to conduct landfill research. UNT will have its comparable programs approved by the Coordinating Board to begin in the school year 2010-11. Both groups see our facility as an excellent educational training and research site for their graduate students. The landfill has recently increased its recirculation of leachate to enhance methane gas production for the landfill gas (LFG)-to-energy plant. VVe are in a position to begin working with UTA immediately, to gather data and begin using their expertise to develop site specific information on the biological treatment and processing of the municipal solid waste (MSVV) to achieve physical, chemical and biological stabilization of the waste and enhance methane fuel production for its use as a fuel in the generation of green power for the Denton Municipal Electric renewable energy program. The first two tasks listed in the scope of services that will be performed by UTA are required by TCEQ. we will be able to use UTA rather than an outside consultant, to perform these requirements. The Scope of Services attached provides the overview of the tasks to be performed over a t ee year perlo . OPTIONS The Council may recommend approval of this agreement, they may not recommend using UTA's services, or they may direct staff to seek engineering consulting firms to perform these services. RECOMMENDATION City staff recommends accepting the services proposal submitted by UTA. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The PUB approved this item on March 23, 2009 by a vote of 4-0. FISCAL INFORMATION If the proposal is approved, the three-year cost breakout for services will be as follows: Year 1- $66,649 Year 2 - $57,354 Year 3 - $58,784 The three year total is $182,787 for the tasks as outlined within the attached Scope of Services. Payment of these services will be funded from job cost account number 660522.1375.20100. EXHIBITS 1. Ordinance 2. Interlocal Cooperation Agreement 3. PUB Minutes Respectfully submitted, A. Vance Kemler General Manager, Solid Waste Division ORDINANCE N0.2009- AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERAGENCY COOPERATION CONTRACT IN THE AMOUNT OF $182,787 BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE UNIVERSITY OF TEXAS AT ARLINGTON FOR A THREE-YEAR TERM TO PROVIDE FOR LANDFILL FIELD TESTING AT THE CITY OF DENTON LANDFILL, RESEARCH FACULTY AND GRADUATE STUDENT SUPPORT FOR BASELINE AND PERIODIC ONGOING STUDIES ON SEVERAL PARAMETERS OF THE DENTON LANDFILL THAT ARE ASSOCIATED WITH THE BIODEGRADATION OF ITS ORGANIC COMPONENTS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interagency Cooperation Contract (the "Agreement") by and between the City of Denton, Texas and The University of Texas at Arlington referenced herein, was presented to, reviewed by and considered by the Public Utilities Board (the "PUB") at its regularly called meeting of March 23, 2009; by a vote of 4 votes "for" and no votes "against" the PUB recommended approval of the Agreement; WHEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves an Interagency Cooperation Contract between the City of Denton, Texas and The University of Texas at Arlington ("UTA") providing for athree-year agreement to provide for Denton landfill field testing, UTA research faculty and graduate student support for baseline and periodic ongoing studies on several parameters of the landfill associated with the biodegradation of its organic compounds, substantially in accordance with the Interagency Cooperation Contract which is attached hereto and incorporated herein by reference (the "Agreement"). The City Manager, or his designee, is authorized to execute the Agreement on behalf of the City. The City Manager, or his designee, is authorized to carry out the City's rights and duties under the Agreement. Any prior actions of the City taken pursuant to the Agreement are hereby ratified. SECTION 2. The City Council finds that the Agreement will benefit the City of Denton, Texas and is in the public interest. SECTION 3. The expenditure of funds is hereby authorized. SECTION 4. 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 `~a G ~ o ~ G^'~. 4~. Bk 41 h' I^ Pi I By: ti THE STATE ~F TEXAS i J + THE COUNTY ~F DENT~~1 INTERAGENCY ~~PERATI~N ~NTRACT THIS ~NTRACT [ entered into by and between the State agencies sh❑wn below as contracting Parties under the authority granted and in compliance Frith the provisions of chapter ~7~ of the ~QVernment Code. I. CGNTHATIhIG PARTIES; The Deceiving Agency The Cit~r of Benton The Performing Agency The lJniyersi~r_of Texas at Arlington Il. aTATEI~IENT ~F SE~VICEE T EE PEFGRI~iED: The Performing Agency vuill undertake and carry out services described in Attachment Ar Bcope of Services, . III. CONTRACT PAY'I~IEIIIT: The total fixed price amount of this contract shall not exceed 'l~,7$~ and shall ~cnform to the provisions of Attachment B, Budget. Payments shall be billed quarterly. I~. TERM CF CGNTRACT~ Payment under this contract beyond the end of the current fiscal bienniurn is sublet to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with na liability to either party. This contract shall be effective as of flay ~o0g the "Effective Date"} and shall be carried out from the Effective Date through and including April 20~ ~r terminating after three ~3~ years. 11~ THE AGI~EEINC PARTIES certify that: ~i . The services specified above are necessary and essential for activities that are properly within the statutory functions and pragrar~s of the affected agencies of State Government, The proposed arrangements serve the interest of efficient and ecanornical administration of the Btate cvernment. . The services ar resources agreed upon are not required by Article ~11I, Section of the Constitution Qf Texas to be supplied under contract given to the lowest responsible bidder. 1~1. LECAL A~JTH~I~ITY: The Deceiving Agency further certifies that it has the authority to request the above services by authority granted in Government Code Section ~~~.Og3 The Performing Agency further certifies that it hay the authority to perrorm the services by authority granted in Texas Education bode Section 8.~~ This contract incorporates the provisions cf Attachment A, Scope of Service, Attachment B~ Budget, and Attachment General Terms and Conditions. THE UI~f~EREtGI'~Ep PARTIES bind themselves to the faithful performance of this contract. THE ~ECE[l~[[►tG AGENCY THE PERFGRNi~NG AGEhICY Cif of Denton The University of Texas at Arlington AME~GF AGENGY~~~ BY: AUTH~RI~ED SIGNATUDE AUTHGDi~ D SIGIVAT~JRE Dr ~ e Senior ~.~sacia~e ~Tic~ Pr~~iden~ far es~arc~ TYPED ~R POINTED NAME AND TITLE T1~PE~ GD POINTED NAME AND TITLE DATE: DATE: ' ~~~~ov~n ~s a SEC ~ ~c~~; ANiT CI 0 " , 4  F ti i w t i ~ Time lapse rnonitaring of moisture variation v~itl~in tha landfill cell areas and the effect of leachate recirculation on tl~e solid waste. ~ ~f~c1ency of the leachate recirculation systems. Provide final report are the geophysical investigations conducted and interpretation results. attend technical meetings Frith consultants, ar any other parties, as required ar requested b the CAD personnel. Task ~ any rin and ~etern~unirr IVia~s~u~re ~an~ent and Ph s~cal haracterist~cs of lunlci al valid waste peci~ic tasks assaciatcd ~rithin this tasl~ axe provided here: 1. UTA i11 ~risit tl~e landfill site and collect representative fresh V~ samples from e arl~ing face as well as can~pacted ll~ samples frarrl a specific landfill location. L1T. v~ill ca-prdinate and work v~ith the staff rr~embers during the sample collection. ~JT~ gill collect n~iniiuum l ~ samples from the arl~ing face. The samples mill be collected on quarterly basis. Haever~ the number of can~pacted samples Dili be decided during the investigation and v~ill be collected ~n annual basis, It is expected that staff members mill help UT during the sample collection Pram ~var~ing face. It is also expected that staff v~ill have drilling creme to drill compacted sample from a specific location as specified by T. LIT X111 conduct laboratory invest~gatians to determine rnaisture cantent and physical characteristics of solid waste. The experirrlental program is presented in Table 1. Table 1 Experimental Pragrarrear Test lethad ll~atertal sampling Frequency a. of Tests Physical Fresh and compacted Fresh IVI from u~aring face 1 x I ~ = I ~ amposition IVt mill be collected on quarterly ~rgar~ic cantent Fresh and ornpacted basis and compacted waste gill I x 1 a = I a IUI collected on annual basis. C~nit weight Fresh and ai~pacted ~Vlaisture cantent mill be 1 x I ~ = I a I determined an every three l~Ioi~ture Fresh and manthsa i.e. ~4 times a year}. ~ x _ ontcnt ~onxpacted I~oever, other tests gill be lane on an annual basis. 3. Provide quarterly report on the laboratory investigations of 1Vf characteristics, 4. Submit final report summarising the findings. The report gill compile all the information disseminating from each tasl~ of the proposed arl~. 4' ~ Y 3 r } 1 a} Attend technical ~neetin~s with consultants, or any other parties, as required or requested by e pity personnel. ~asi~ ~ Dete~nainin Permeabili of ecial o~id waste laced at the Bottom of ~andi~ril pecic tasl~s associated itl~n this tasl~ are provided here; 1. LJTA gill visit the landfill site and collect representative special solid waste sarr~ples that are placed at the bottom of the landfill. UTA v~ill ca-ordinate and work v~ith the ~ staff men~hers ~t~ring the sample collection, and will collect I7llr~lrnum 1 ~ special solid taste samples. . ~JTA well build reactors 1n the laboratory to s~rnulate ~nllanccd Leachate eelrculat~on ~~R} landfill and generate samples representative of completely decomposed solid waste using the special solid waste. . conduct laboratory study to determine the physical and hydraulic characteristics of fresh and degraded special soled waste. The laboratory testing program is presented in Table . Table ~perime~tai program Test Method Material loo. of Tests Physical M -Fresh and Degraded ~ ~ 4 on~posttYOn organic content -Fresh and Degraded ~ ~ 4 Unit v~eight 1VI -Fresh and Degraded ~ 4 Moisture content IVi -Fresh and Degraded ~ ~ Permeability ll~' -Fresh and Degraded ~ 4 4. Provide quarterly report on the laboratory investigations of special solid paste characteristics, submit final report sum~nari~ing the findings. The report X111 compile all the information disseminating from each task oftl~e proposed ~vorl~. Attend technical meetings Frith consultants, or any other parties? as required or requested b~ the pity personnel. Tasl~ 4 I~Ionitorin and baracter~in ~andf~l Leacl~ate specific tasl~ associated ~rithin t~~is tasl~ are provided here; 1, LJTA mill visit the landfill site and collect representative leachate samples from tl~e landfill, LJTA mill co-ordinate and work with the staff members during the sample collection. The samples mill b collected semi-annually. e ~ 5 ' i F conduct laboratory study to determine the claaracteri~ics of ieaehate. The e~peri~n~ntal praran~ is presented in Table Table ~ ~~perimental ~rogramlYear haracteristies 1Viaterial loo. afTests pal, B~I~~ i3-n~ Generated Leachate ~ tests V~~ 1, .lkalinity each 3. Provide quarterly report on the laboratory investigations of leachate characteristics, ubrnit final report summari~in tl~e findings. The report mill compile all the infarnxation disseminating from each task of the proposed v~ork, . L1T~ X111 aAttend technical meetings v~1th consultants, or any other parties, as required or requested by the pity personnel. Snuama of Re arts and Presentatran o~ Jesuits During the project period, UTA gill provide the following reports; 1. quarterly reports will be provided for all t1~e tasks. Final report sun~mari~ing the major findings will be provided er~d ofthe project period. The final report gill compile all the information disseminating from each task of the proposed u~orl~. arl~ manual gill be developed and standardised far each tasks. Summary a~ Technical ~eetin~~ UT~ gill attend technical meetings itla consultantsx or any other parties, as required or requested by the pity personnel, y ATTAI~~~NT B Int~ragen~~ oapera~ian onfrc~ Esfii~~ed Budge Pra aged Bud et This is a iced rice project with a total requested budget per dear is presented here: Year 1: ~~9~^ Year X57, ~4I= Year: ~5, 78~-I= The requested budget mill coyer salar~r costs o~ project personnel ~~acu~r members and graduate students~7 material costs, and travel costs strips t0 land~il~ sites l'or res~stiv~tY in~agin~ and sample collections, and presentation of ~ndins~. Table ~ shows all budget items per ~JTA guidelines} and the correpondir~g allocations. ~"ablc la ~ Bud e~: ear 1 Task ~ Task ~ Task 3 Task 4 Total gala Pl graduate Students ~555~ 750a 7500 555 45,900 Frin a Benefits 48~ 5 ~ 550 ~ 65D 975 91090 M&~ ~ lVlater~als X500 0 600 0 3r~OD dub#entracts 0 0 chafarshi s~ti ends ~ Tux#ion ~ ~ 0 0 ~ Partici ant Su ort 0 Travel pcmestie} X500 ~ 0 0 x,504 Travel ~Farei n 0 Participant Travel 0 Equipment ~ TDB 35455 9~ 50 9750 6~5 60,590 ~ITDC 35455 9~ 50 9750 5~~5 50,590 TFA 357 9~ 5 975 G~3 Gr059 T 3D~ ~ ~ 00fi5 ~ 07~a 5~4~ 6G,fi49 r Table ~b R ~ud~e~: Year ~ Task ~ Task ~ Task ~ Task 4 Total elary ~Pi + graduate Students 675 775p 0 535 39,4p0 Fringe Benefits 5003 ~ 7~5 D ~ 0~ ~ 7,740 M&~ I~ateriais X500 p ~ D ~,5p0 huh-Contracts p p Scholarshi s~Sti ends ~ Tuition 0 0 0 0 0 Partroi ant u ort p Travel Demestie ~~Op 0 0 Q ~,5p0 Travel Forei n 0 ~artiei ant Travel ~ ~ ui ment ~ TDB 3078 9475 ~ 388 5,~ I~T~C 3078 9475 0 0388 5~,~ 40 TF~C 5~8 948 0 G39 5,~~4 TC 39D5 ~ ~4~3 0 100 57,354 Table 1c ~ Bud~t: Year Task ~ Task ~ Task ~ Task 4 Total Sala ~i + graduate Students ~59p0 8009 4 55p0 40,4p0 Frin e Benefits 5~ 90 ~ 800 0 ~ p50 8,40 M~ Nlate~iafs X500 p 0 0 ~,50D uh-contracts p p Scl~alarshi s~ti ends p Titian 0 0 p p p ~artici ant Su ort p Travel ~Dcmestic X500 ~ 0 0 x,500 Travel Foreign p Pa~ici ant Travel p F uiprnent p TDB 37090 9800 0 fi55D 53,44p I~TD~ 37p9p 980D p 0550 53440 TFA 3709 080 0 555 5, 344 TC 4D799 ~ D184 0 7~D5 58,184 ~ra_~ec~ Du~rati~n Tie ~~c~ected ~~me to eot~plete alI ~al~~ of the j pct ~ dears. iy i~ ~y • , F ~4TTAH~I;NT In~erag~n coaperation contraa~ general Terms and ~nditions ~r~iole ~ . ~mendrnen~s This cantract may only be amended ~y~rritten agreement executed by bath parties priorta the expiratian of the contract. Article Disputes The Perfiorrr~ing Agency shall be responsible forthe settlement of al[ cantractuai and adrr~inistrative issues arising out of pracurements entered in support of contract services. The Receiving Agency shall be respvnsihle forthe settlement of any dispute cancerning this contract unless the dispute invalves a subcantract, ~rt[cle . Records and o~rnership A. The Perrorming Agency agrees to maintain all boo}~s, dacurr~ents, papers, accounting retards, and other evidence pertaining to costs at its affice during the contract period and far four years from the date of final payment under the cantract. These rr~atarials Thal[ be made available far inspection and copying by the Receiving Agency, by the state Auditorrs dice, and by their authorised representatives [f the cantract i federally funded, these materials shall alsa be made available for inspection, B, After completion or terrninatian of this cantract, all documents prepared ~ the Performing Agency or furnished to the Perrarming Agency by the Receiving Agency shall be delivered to and become the property of the Receiving Agency, Alf sketches, photographs, calculations, and other data preparad underthis cantract shall ~e made avai[a~le, an request, to the Receiving Agency v~r[thout restrictian or lir~itatian of furkher use. . The Receiving Agency shall own all title to, all interests in, all rights te, and all intellectual property {including copyrights, trade and service marC~s, trade secrets, and patentable devices or methods} arising fror~r► ardeveloped under this cantract. D. Except to the extent that a specific provision of this cantract states to the contrary, al[ equipment purchased by the Perl*orming Agency ar its suhcontractars under this contract shall be owned by the Receiving Agency and gill ~e delivered to the Receiving Agency atthe tine the contract is carr~pleted orterrninated. Artia~e 4. ubccntrac~s A subcantract may not be executed by the Per~arrning Agency v~rithout prior written authari~tion by the Receiving Agency. uhcontracts in excess of saga shall captain all appl'[cahle terms and conditions of this contract. lllo subcontract will relieve the Perforrr~ing Agency of its responsibility under this contract. Article . Terming#[on This contract may be terminated by satisfactory completion of a[I ser~rices and obligations contained in this cantract, by mutual written agreement, or by eitherparty unilaterally after 0 days' written notice to the other party The Receiving Agency shall compensate the 4' r 1~ ' Perforrr~ing Agency only forthase eligible expenses that are incurred during this contract and that are directly attributable to the completed porkion of thework covered by this contract and only if the work has been completed in a manner satisfactory and acceptable to the Receiving Agency. The Performing Agency shall neither incur nor be reimbursed for any new obligations after the effective date of termination. Article G. ratuatie Any person who is doing business with orwho reasonably spearing may do business with the Deceiving Agency under this contract may not rake any offer of benefitsr gifts, or favors to employees afthe Receiving Agency. Article No Ainn~ent Neither pa~Y shah assign, sublet, or transfer any interest in this agreement. Article . Reference to oats Principle ar~d circular Reir~bursernent with state orfederal funds will be lir~ited to costs determined to be reasonable and allowable undercoat principles establish in oII~B ircularA-~, "host Principles for Educations! lnstitution,~' or ~~lB circular A-8~r "host Principles for State and ~.,ocal overnrents,'~ The parties shall cornplywiththe requirements of the Single Audit Act of ~ 984, P.l~. gBRo~, ensuring that the single audit repack includes the coverage stipulated in oM~ ircularA~~, Article . PerFormin Agency Resource All employees of the Perforrr~ing Agency shall have adequate knowledge and experience to enable them to perform the duties assigned to them. The Performing Agency certifies that it currently has adequate qualified personnel in its employment to perform the work required under this contract orwill be able to obtain adequate qualified personnel frorr~ sources other than the Receiving Agency. on receipt of written notice frorrr the Receiving Agency detailing supporting factors and evidence, the Performing Agency shall remove frorr~ the project any err~ployee of the Performing Agency vuha is incompetent or whose conduct becomes detrimental to the work. ~Jnless otherwise specified, the Performing Agency shall furnish all equipment, materials, supplies, and other resources required to perform the worl~. Article ~ 0~ Equal ~mp~oyr~er~t o~partunity The Performing Agency agrees tv comply with Executive order ~ ~ ~4~, entitled "Equal Employment ~pporkunity," as amended by Executive order ~ ~ 7 and as supplerr~ented by ~epartrnent of tabor regulations, MFR Part o. The Performing Agency agrees to consider rr~inority universities for subcontracts when the apporkunity exists, The Performing Agency warrants that it has developed and has on file appropriate affirmative action prorarn~ as required by applicable rules and regulations of the Secretary of Labor, Article ~Van~iscriminatian A. The Performing Agency shall cor~ply with the regulations ofthe U.. department of Transporkation relating to nondiscrirr~irration infederally-assisted programs, including ~g FRt Park MFR, Subchapter ; and 4~ MFR, Park ~-l4 the Regulations}. . 4 i ~ B. The performing Agency, with regard to the work performed during this agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion, or dCsability in the seCection and retention of subcontractors, including procurements of materials and leases of equipment. . Cn ail solicitations either by competitive bidding or negotiation made by the Cerforming Agency forworl~to be performed undera subcontract, including procurements of materials and leases of equipment, but not including routine purchase orders, each potential subcontractor ar supplier sheCC lae notified by the Performing Agency ofthe Perforrr~ing Agency's obligations underthrs agreer~ent and the Regulations, The C'erfarming Agency shall provide all inforrr~ation and reports required by the Regulations and directives issued under the regulations and shall permit access to its books, records, accounts, other sources of information and facilities as nay be determined by the Receiving Agencyto be pertinent to ascertain compliance with the Regulations or directives. Cf any information required of the performing Ager►c is in the exclusive possession ofanotherwho fails or refuses to furnish this information, the Performing Agency shall so certify to the Receiving Agency, and shall set forth what efforks the Performing Agency has made to obtain the requested information. E. In the event of the Performing Agency's noncompliance with the nondiscrimination provision of this agreement, the Receiving Agency shall impose such sanctions as it may determine to be appropriate. 1=. The Performing Agency sha[i include the provisions of paragraphs A through E in every subcontract, including procurements of materiels and leases of equipment, except routine purchase orders, unless exempt by the Regulations or directives. The perforrrring Agency shall tale such lawful action with respect to any subcontract or procurement. in the event the Performing Agency becomes irrvoived in or is threatened with litigation v~rith a subcontractororupplier as a resuCt ofdirection given by the Receiving Agency, the Performing Agency may request the Receiving Agency to enter into the litigation to protect the interests of the state. In addition, the Performing Agency may request the United states to enter into litigation to protect the interests of the United states. Arfiiole ~ . Basis far aloulatrn Re~m~ure~nent fasts The Receiving Agency will rein~burs~ the Cerforming Agency far actual costs incurred 'rn carry~rl out the services authorized in Attachment A, scope of services, subject to the cost categories and estimated costs set forth in Attachment B, C~udget. The Receiving Agency shall compensate the Performing Agency for onlythose eligible expenses incurred during this contract that are directly attributable to the completed portion of the worl~ covered bythis contract, provided that thework has been cor~pCeted in a manner satisfactory and acceptable to the Receiving Agency. The performing Agency shall not incur or be reimbursed far any new obligations after the effective date of termination. The Performing Agency shall bill the Receiving Agencyforactual travel expenses, not to exceed the lir~its rei~nl~ursable under state law, out-of~state or out-of~country travel by the Performing Agency requires prior approval by the Receiving Agency. Article ~ 3. Pundir~ . Article hl~tice t~ Proceed If Attachment A requires ~ notice to proceed, the Perl"orming Aer~c}~ shall not proceed vtirith any ~rork or incur any costs until the Receiving Agency issues a uvritten notice to the Performing Agency authorizing uvorl~to begin, Any costs incurred by the ~erforrning Agency before receiving the notice are not eligible for reirr~burserr~ent. Article ~ . Authority of state Auditor The state auditor ray conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through ~ subcontract under the contract. Acceptance of funds directly underthe contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection Frith thoee funds. Article ~ 9. compliance r~ith Lags The parties shall con~►ply u~ith all federal, state, and local laws, statutes, ordinances, rules, and regulations and Frith the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the perl=orr~ance of this agreement. After receiving a v~rritten request from the Receiving Agency, the ~'erforming Agency shall furnish the Receiving Agency ~ru`rth satisfactory proof of its compliance ritl~ this Article. ~~l~i«~~ 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 10 Present: Bill Cheek, Phil Gallivan, John Baines, and Randy Robinson 11 12 Ex officio Members: 13 George Campbell, excused 14 Howard Martin, ACM, Utilities 15 16 Absent: Charldean Newell and Dick Smith, both excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1 } Consider recommending approval of an Interlocal Government Agreement by and between 25 the University of Texas at Arlington and the City of Denton Solid Waste Department to 26 provide for landfill field testing, research faculty and graduate student support for baseline 27 and periodic on-going studies on several parameters of the landfill associated with the 28 biodegradation of its organic components. This would be amulti-year agreement in an 29 amount not to exceed $182,787. 30 31 Board Member Randy Robinson moved to approved Item 1 with a second from Board 32 Member Phil Gallivan. The motion was approved by a 4-0 vote. 33 34 The meeting ended at 10:27 a.m. 35 AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Finance ACM: Jon Fortune ~>~~'~t SUBJECT Consider approval of an ordinance approving the City Manager to execute a bond counsel agreement between the City of Denton and McCall, Parkhurst & Horton, LLP, approving the expenditure of funds' and providing for an effective date. BACKGROUND The City uses the services of a bond counsel firm to assist in the review and sale of municipal bonds. In late 2006, the City solicited proposals for bond counsel services, and a staff selection committee conducted an evaluation of the four proposals received. Each proposal was reviewed and ranked based on the following criteria: ➢ Capability, experience, and reputation of the firm ➢ Type of fee schedule ➢ Qualifications and experience of assigned staff ➢ Quality and responsiveness of the proposal ➢ Understanding of the City's needs and requirements In March of 2007, the selection committee recommended and the Audit/Finance Committee and City Council approved a contract with McCall, Parkhurst & Horton, L.L.P., to serve as the City's bond counsel. The contract has an initial term of two years that expired in March 2009 but extends automatically for up to three additional one-year periods unless the City provides written notice to terminate the contract. On February 16, 2009, staff provided an update to the Audit/Finance Committee as to the status of this contract and a similar contract for financial advisory services. The City has had a long and successful history and has established an effective working relationship with McCall, Parkhurst & Horton and staff recommended that the contract be allowed to automatically extend for another year as allowed per the existing contract. The Audit/Finance Committee recommended moving forward as proposed by staff. Since that time, staff has determined that the existing contract has some language regarding the exclusive use of McCall, Parkhurst & Horton that should be clarified further. Specifically, staff wants to clarify that the terms of this Agreement would be applicable only when the City requests bond counsel services from the McCall firm, and that the agreement does not specifically require the City to use the McCall firm for a particular bond sale. Staff is recommending the clarification to provide the City flexibility to address unique circumstances. Agenda Information Sheet April 21, 2009 Page 2 Should the City desire to hire another firm for a unique project, the proposed revision would allow us to do so. Because the language of the original contract has been changed, staff is bringing this item to the City Council for approval rather than allow the current contract to automatically extend as originally intended. This is the only change to the contract. All other provisions, including the term and pricing have not changed. The McCall firm has approved the change mentioned above and has already signed the agreement. Please let me know if you have any questions. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) The Audit/Finance Committee met on February 16, 2009 and approved the automatic extension of the bond counsel contract with McCall, Parkhurst & Horton LLP. FISCAL INFORMATION Payment for bond counsel services are made from bond proceeds associated with specific issuances of debt per the fee schedule included in the agreement. If the City does not issue debt, then there are no fees paid to the bond counsel. EXHIBITS 1. Ordinance 2. Contract Respectfully submitted: t _ . Bryan Langley Director of Finance S:1Qur ~ocument~l0rdinancesl~~lMcCal1 ~arlchurst & ~o~on.doc Na. ~ C~DINANCE APPRCVINC THE CITY ANACER TC EECI~TE A BAND COUNSEL CREEIVIENT BETWEEN THE CITY OF DENTIN AND 14~CCA.LL, P T HO~T~N, LLP, APPR~INC THE EXPENDITURE CF F~TNDS; AND AR~VIDIN"C FAR AN' EFFECTIVE DATE. V~HEREAS, the City has solicited, received and evaluated proposals far band counsel services in accordance with ~ proodures of State lam and City ordinances; and WHEREAS, the City has selected ~[cCall, Parkhurst Horton, LLP for the purpose of providing hand counsel services; IBC, THEREFORE, THE C~~NCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, The City Council hereby approves the Band Counsel Agreement, attached hereto, between the City of Denton and McCall, Parkhurst Horton, LLP. SECTION The City Manager, or bis designee, is authorized to make the expenditures a autiined in .e attached Agreement and to exercise all rights and duties of the City ofDenton under the. Agreement. SECTION 3. This ordinance shall became effective inediately upon its passage and approval. PASSED AND APPROVED this the day of , ~a~9. MARS A. BURROL~CHS, AY~~ ATTEST: ~ENN~'ER ALTES, CITY SECRETARY BY: APPR~'ED AS TO FECAL FORM: ANNA BU~CES, CITY A.TTCRNEY ~ ~  i LAW QFF~~E3 - I~~ALL, P~~~HUT HRTN L.L.P. ~0~ CQN~RE~S AVENUE 717 NORTH HARINOOD X00 N. T. [~1AR1f'S STREET 125D ONE AMERIOAN CENTER NINTH FLODR 152 ONE R~VERWALK PLACE AUSTIN, TEAS T$T0~-348 DALLAS, TEXAS 7~2~1.887 SAN ANT~NID, TEXAS ~20~-30~ Telepho~~: 5~~ 4783805 Teie~hone; 29415-920 T~I~p#~o~e: 210 225-28~~ Facsimile: 592 412-0819 Facsimile: X94 754-9250 Facsimile: X10 225-2984 March ~4~ Mayor and Members of the City Council City of Denton MCK1nn~y street Denton, Texas ? Goa 1 Re. Engagement as Band counsel Dear Mayor and Members of the City Council: This letter is submitted to state our fees and describe the legal services of McCall, Parl~hurst Horton )~.L.~', in performing the duties of Bond Counsel for the City with reference to the issuance of the City's bands and other debt obligations the "Bands"~, EN~~~INT . generally, we will perform all usual and necessary legal services as Bond Counsel in connect~an with the authorisation, issuance, and delivery afthe Bands as authorised and requested by the City peclflcall~, we mill prepare and direct the legal proceedings and perform the other necessary legal services with reference to the authorisation, issuance and delivery of the Bands, including the follav~ing: i 1. Prepare all resolutions, ordinances, and other instruments pursuant to which the Bonds will be authorised, issued, delivered and secured, inclr~ding election proceedings, if necessary, in cooperation and upon cansultatian with the City Council, their consultants, and other legal and financial advisors and consultants ofthe City. . Attend rr~eetings afthe Clty Cnuncll 1th reference to the authorlsatlan and issuance ofthe Bonds to the extent rewired ar requested. Cooperate with the City Council and all other interested parties in the sale afthe Bonds to the purchasers, and review band purchase agreements. 4. Re~riew those sections of any afficiai statement to be disseminated in connection with the sale ofthe Bonds which describe the Bonds, the resolution ar ordinance pursuant to which they will be issued and the tax~exernpt treatment ofthe interest an the Bands far purposes of federal income taxation. S. ~f requested, assist the City in presenting information tv band rating arganizatlans and providers ofcredit enhancement relating to legal issues affecting the issuance ofthe Bonds.  L~~ Submit the Bond transcript to the >~ubilc Finance Dlv~sxon afthe Attorney General's office and obtain all necessary approvals. 1. Supervise the execution of the Bonds and the delivery thereof to the purchasers. 8. when so delivered, give our approving opinion covering the validity of the Bonds and the exemption of interest thereon from federal income taxes, it being understood that the approving apinion will be fully acceptable nationally in regular commercial investment banking band marketing channels. Our services as Band Counsel da not include any responsibility far investigating the financial condition and affairs of the City. Our approving legal apinion as Band Counsel will contain a paragraph substantially to the effect that we have acted as Band Counsel far the City for the sole purpose ofrendering an apinian with respect to the legality and validity of the Bonds under the Constitution and laws of the state of Texas, and with respect to the exemption of the interest on the Bands from federal income taxes, and far no other reason or purpose. The paragraph will also disclose that we have not been requested to investigate ar verify, and have not investigated or verified, any records, data, ar other material relating to the financial candltron or capabilities of the City, and have not assumed any responsibility with respect thereto. FEES AND ~R ER~I~E The fee eoverrng the legal services ofthis firm, as Band Counsel, far the issuance of the Bands, in one or mare installments, is as fallo►ws: 5,4~~ for the first rr~illion dollars of Bonds; $1.D~ per $1,~~0 of Bonds thereafter. Also, we would expect to be reimbursed far our actual out-of~pocket expenses reasonably and necessarily incurred in connection with the authorization, issuance, and delivery of such Bands, i.e~ travel, photocopies, courier, Form S~~ 8Cr filing and the Attorney General's ~ ling fee. Our fees and expenses will be payable within ~ ~ days after the delivery of ar~d payment for such Bands, but our fees are wholly contingent upon actual delivery of such Bonds. The foregoing legal services as Bond Counsel da not include any direct responsibility for any kind of litigation. However, if during the issuance of Bands any litigation should develop regarding the issuance of the Bands or the provisions made for their payment or security, we will consult, advise, and cooperate with the C1ty and its attorneys concerning any such lrtigatron. Our fees far such services would be based upon the customary hourly billing rates of the attorneys providing such additional services, The firm will undertake upon the request ofthe City such services as may be necessary to assist the City in satisfying the continuing disclosure requirements of~ule 1 ~c~-1~ promulgated by the Securities and Exchange Commission or any necessary disclosure obligations of the City in connection with the issuance ofBonds. Our fees far such services would be based upon the customary hourly billing rates ofthe attorneys providing such services. Such rates are $20.04 per hour for partners and ~ 1 ~a per hour for associates Should it be necessary far the firm to render a written apinian with respect to such matters, such fee for legal services provided in connection with the delivery of the opinion will be set at ate amount agreed upon by us and the C ity.  ~ r,l.~ At yaur request, papers and property furnished by you ~vi1l be returned pra~nptly upan receipt of payment far outstanding fees and client charges. fur o~vn files, including lawyer v~ark product, pertaining to a transaction ~Vlll ret~lned us. FOr varlaus reasons, 1nclUding the t~1ln~ml~atlon of unnecessary storage expenses, we reserve the right to dispose of any documents or other materials retained by us after the termination of this engagement. TERNS Pursuant to the original Engagement Letter dated 1V~arch 27, 207, the term of this agreement commenced larch ~7, 20~?, and concluded larch ZG, ~4~9 the "Expiration Date"} and is subject to extension as hereinafter described. The Expiration Date shall be extended far three additional one-year ~ periods, unless the City prav~des written notice of termination at least 3~ days prior to the then~existing Expiration Date. Respectfully submitted, NIcCALL, PARKHURT & HDRT~N L.L.P. By: Cre C. aec er ACCEPTED THIS THE DAY ~F , CITY ~F DENTDN, T`E~A~ ~y. Barge . Campbell, City lVlanager APPRD~~D ~ TD LEGAL F~R~I: Anita Burgess, City Attorney f  i AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Fire Department ACM: Fred Greene SUBJECT Consider adoption of 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 $2,000 for violations thereof; providing for severability; repealing all ordinances in conflict therewith; and providing for an effective date. BACKGROUND The "International Codes" were introduced to provide a model code with national consistency. The International model codes consist of: International Residential Code; International Building Code; International Mechanical Code; International Fuel Gas Code; International Plumbing Code; and 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 Denton, like most other cities in the Metroplex, had adopted the Uniform Codes. The "2006 International Fire Code" has 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 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. 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 Page 1 of 2 International Fire Code and local amendments, as well as review by the Construction Advisory and Appeals Board. At a work Session on April 7, 2009 to discuss the adoption of the 2006 International Fire Code with local amendments, the City Council gave Fire Department staff direction to bring back the proposed ordinance for action. FISCAL INFORMATION There is no fiscal impact with the adoption of the proposed codes. EXHIBIT Proposed Ordinance amending Code of Ordinances Chapter 29 and adopting the 2006 International Fire Code and local amendments. If you have any questions, please contact Fire Marshal Rick Jones at 8860. Respectfully submitted, Ross Chadwick Fire Chief Page 2 of 2 S:10nr I]ocumentsl0rdinances10912006 IBC Amendments Drdinatyce.c~oc ORDINANCE N~. AN ORDINANCE AMENDING CHAPTER ~9 ~F THE CEDE ~F THE CTI'Y OF DENTIN, TEAS, T~ P~VIDE F~ THE ADOPTION ~F THE INTERNATIONAL Fn~E CEDE, ~ EDITION; PR~IDIN FAR AMENDMENTS THERETO; -ESTABLISHING PERIVII~' FEES; P~~IDINO FAR A PENALTY IN THE A~rI~~TNT QF $20~~ FAR I~LATI~NS THEREOF; PRI~IDINC~ FAR. SE~ERABILITY; REPEALING ALL ORDINANCES IN. CONFLICT THEREWITH; AND PR~IDIN FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: Chapter 2 of the Cade of the City of Denton, Texas is amended to read s fol~aws: A1~TIL I. ~.IRAL PR~I~DS See. ~9-1. Internat~anI dire bode--Adapted. . There i hereby adapted by the City of Denton, Texas far the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, those certain Caries and Standards known as the Interr~atianal Fire fade, including Appendices A-C, published by the International Fire Code Institute and International Conference of Cade Council, being particularly the 206 editions thereof and whole thereof, save and except such portions as are hereina~er deleted, rnodi~ed ar amended by section 29-~ of this ordinance, A copy of said Fire Cade is now filed in the office of the City Secretary, and is hereby adapted and incorporated as fully as if set out at length. herein, and frarn .e date on which this ordnance shall tape effect, the provisions thereof shall be controlling within the limits of the City of Denton and within. five thousand ~S,Oaa} feet thereof, where specified therein.. Sec. 29-2. Aniend~.en#. The International Fire Code, as adapted in Section 2~-1, i hereby amended as follows: A. By the amendment of the International Fire Cade, as follows: **Section 101.1: amended to read as follows: Sect~au. ~ 01.1. Tithe, These regulations shall be ~n.awn as the Fire Cade of the City of Denton, Texas, the "Fire Code" or, in the context of the following arnendrnents, "this Cade". ~*ectlon 101,2: second paragraph added to read as fo~law~: The provisions of this code shall supplement any and all laws relating to fire safety anal shall apply to all persons without restriction, unless specifically exempted. Page 1 ~ .  _ . r. . . ' ' . a _ 4~,i_:..r5v'~:.GY@,? SV:~iY{aLL~,:s.."'~Skr1J~i~~~~.. - ti.....~::... .yJ.qu.~r - - M~. r:~ ..i..... w:' -0 -SY~:~.L:.~.f.:.v: { ...r..Ct'..'...~..1r ~ ` ..:.::......:.r.:4'w2'. ' .y;+e+ -'y' :Y6.i, ia4J: _ -+AS/~L. -LrcP~~ . ~:.r:: wt.:~ a~~: :.~fi„ .aY:s Y3,~`~ ~LA`c' ~ ~~'~I~r~'~..'~:~,X~£~ i~'F~idG;ru''rrte~G~° ;14ur Documentslbt'dinances1~912{]06 IFC Ame~d~nts Ordi~ance.doc ~*ec~ian 1U~.4: amended to read as follows: ec~ian 1a~.4. Ap~l~catian of Other Lades. 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 i~ accordance therewith, **ectian 111~.G; amended to read as follows: ectian IOZ,G. referenced Lades and Standards. The codes and standards referenced in this code shall include these that are listed in Chapter 45, and such codes 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 previsions of this code shall apply The Fire Code Official xs ernpoweared 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: {I~ notice of the updated standards have been conspicuously pasted on the City's website for thirty X30} days ar more, and an opportunYty for public comment an the updated. standards has been provided before the Construction Appeals and Advisory hoard, at a date and ti~.~ referenced the public notice. And reference to NFPA 7~ or the ICS ~~ec~rica~ 'ads shall mean the electrical Cade as adopted. **Sec~ion ~a3.1; second pararap~h added to read as follows: section 1a~.1. Under the chiefs direction, the frre department is authorized to enforce all ordinances of the jurisdiction pertaining ta: l . The prevention of fires, The suppression ar extinguishna.ents of dangerous or hazardous fires, 3. The storage, use and handling afhazardous materials, The installation and maintenance of automatic., manual and other prrvate ire alarnn, systems and fire-extinguishing equxprnent, The maintenance and regulation of fire escapes, The maintenance of fire protection and the elimination of fire ha.~ards on land grid in buildings, structures and other property, including those under construction, 7. The maintenance of means of egress, S. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, and 9. The in~restiation of the c~.use, origin and circumstances of explosions, For authority related to control and investigation of emergency scenes, see section 1 ~4. *'~ection 1a~,1,~: added to read as falla~vs; Section la~.~.~, >~epartment of Fire Prevention Personnel and Police. 'The chief and ~ne~nbers Qf the Department of Fire Prevention shall have authority to issue citations for violations of this Cade. Page ~  ._.r L_ ~r~~1~4L~::S•.',k'_a: ~ i5-~Ji':~ .w:l'i: :~h'4;~15~.'_t'..S:t.:~~'.._ ri/,v - +iy .y, S:l~ur Documentsl~rdinances1~9120(l6 ~kC At~endment~ Ordinance.doc ~~Sectiou ~a.Z: added tv read as fallaws: Sectiau ~ ~a3.4,~, I.1ial~ility. The .code is amended by adding a third paragraph to read as follov~s: All regulations provided in this Code are hereby declared to be governmental and far the benefit of the general public. Ar~y ~nernber of the City Council, any city . of~c~al or employee, or any member of the Construction Appear and Advisory hoard ~CAAB} charged nth the enforcement if this cede, acting for the City in the discharge of h1s ox her duties, are entitled to the 1ega1 protections afforded by Article Iii of Chapter ~ of the Code of the City of Denton, Teas ~2-24~ through -Z50}, as amended, or as otherwise provided by State law, if better. ~~See~.an 1a~,1a.: added to read as fallo~vs: Section 1a4.~a.~ Ha~ardaus materials. The ire code official is authari~ed to in~restigate the cause, origin, and circumstances of any un.authari~ed releases of ha~ardaus materials. **~ectian 1D4.1U.: added to reel as follows: Section ~04.~a.3. x~lasi~es. The ire code official ~ authorised to 1nvest~gate the cause, origin, and circumstances of explosions, explosives handling, manufacturing, and usage of explosive materials. *~Section ~U5.~.47: added to read a~ faliaws: Section ~ O~.G.~7. has and ~il Wells, Ta operate gas and oil wells the into orated city limits of Denton, Texas. See ectian ~5.~~, Code of the City of Denton, Texas ~Developmcnt Code}. *'~Sectiou X06: added Sections 1aG.~.t., ~DG.~,~, laG.2.~, aad Ia6.2,4, to read as falla~; Section ~~G.~.1. Frequency of Inspection, All dv~ners af, occupants of, tenants af, lessees of or persons making use of any building ar premises, ar portions thereof,. when used as nonresidential group occupancies, including hotels, lodging houses and congregate residences, as defined by the Building Code axe required to accommodate annual ~nspectlans 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 Mmes as he deems appropriate to . satisfy the purposes of this ordinance, and may additionally inspect all other premises as may be necessary, rncludin such other potential hazards ar appliances as the Fire Marshal may specify, far the purpose of ascertair~tng and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread. Section 106,x.2. Annuai Fire F~atectian Systems Testing. The annual testing of all fire sprinkler systems, ire alarm systems, fire extinguishing systems, hood extinguishing systems and fre pumps shall be witnessed by the Fire Code ~f~cial ar his designee. Page  ...x.... ~ is .l: , S;10ur I]ocumentsl0rdinances109120Q6 IFCAmendments Or~inance.~ac section 10.2.3. A~nnuaY 1ns~ection Fees. The first annual inspection performed pursuant to ~~ection 10~ of this code sha11 be performed fine of charge. if ate Fire Marshal or his designee observes a violation of this chapter .nd performs a follaw~up ~re- rnspectian} lnspectian to deternune whether a violation ar violations observed during the previous ~nspectian have been corrected, a fee shall be charged, and the occupant or 1esee sha11 pay said fee within 30 days of being billed therefore as condition to continue lawful occupancy of the budding or dwelling to be inspected. Said fee sha11 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 tune amended, by ordinance of pity council, a copy that sha11 be kept on file with the Oity secretary. Fo11aw up ~nspectian fees far cornrnon areas of such buildings or premiss sha11 be charged to and paid by the owner in accordance with the area inspected. section 1~~.~.4, Permit and Permit Fees, Any permit required by sections 105 or 1 of the Oode sha11 be issued only .upon payment of a permit fee in an amount established, and as from time to time amended; by ordinance of the Oity council, a copy of which shall be kept on file v~th the pity Secretary, *~ec'on 1.9,3: amended to read as follows: Section 109.3. ~i~latian Penal~ie~. Persons who violate any provision of this code, who fail to comply with any of the requirements thereof, or who erect, insta~~, alter, repair or performs. 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 fine as specified ~n 1-12 of the bode of the pity of Denton, Texas. Each day that a violation continues after due notice has been served sha11 be deemed a separate offense. *~Section 11D.4: amended to read as follows: section ~1~.4, Abatement. Any person operating or maintaining any occupancy, premises or vehicle subs ect to this bode who shall permit any fire hazard to exist on the prerrlises under his ar her control, or who sha11 fail to take immediate actiort to abate a fire hazard when ordered ar notibed to do so by the code official or his duly authorized representative, shall be guilty of a separate offense far each and every day or portion thereof which any violation of any of the provisions of this bode is committed or cantiued. '~*ectian 111.4: amended to read as foliows: section 111.4. Failure tQ comply. Any person who shall continue any work aver having been served with stop work order, except such work as that person is directed to perform to remove a vialatio~i or unsafe condition, sha11 be liable to a fine of not less than two hundred ~2U0} dollars or more than the maximum fine specified in ~ 1-1 Z of the Oade. *~Section X02: the ~oliowing definitions are added ar amended to read as follows: ~FPARTN.~NT ~ PRPV~NTID~ is the Office of the Oity Fire Marshal. Page 4  v:. ~ 5:1~~x I?acurt~nEslOrdFnanceslp9l~~OG I~'~ Amendmc~ts flrdinance,d~c FARE ~~lE 0~"~IA~ is the ;Fire Chief, Fire Marshal or other designated authority charged by the City Council with the duties of administration and enfarcernent of the code, ar a duly authari~ed representative. FIRE DEPARTIVIENT is the City of Denton Fire Department. HYFI~RISE ~UIL~~1 is a building having floors used far human occupancy located mare than 5 ~ feet ~ 1 ~,7~4 ~nm~ shave the lowest level of fire department vehicle access. JURI~TT~~N i the City of Denton, ~'exas. . SEL~~ERVICE STORAGE ~A~IL~TY is real property designed and used far the purpose of renting ar leasing individual storage spaces to customers far the purpose of storing and removing personal praerty an a self-service basis. TAND~ PERNNEL means qualified fire service personnel, a roved b the Fire Chi pP ~ ef. when utilized, the number required shall be as directed by the Fire Chief. charges far utilization shall be calculated at 1.5 times the hourly gage rate for each individual sa assigned. ~*ecti~u 307.2: mended tQ read as foliaws: section 307.2, Permit Required, A permit shall be obtained franc the fire code official in accordance with Section i05.~ prior to kindling a fire for recagni~ed silvicultural ar range ar 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 ar local law, ar regulations referenced elsewhere in this section may include bit not be limited to the fallowing. ~ 1. ~'exas Conss~on on Environmental duality ~T'CE~~ guidelines andlor re~triCtlaris, State, County ar Local temporary ar permanent bans an open burning. - . Racal .written policies as established by the Code Official. ~'~ection 37,4: amended to reed as follows, deleting exception section 307.4. Location. the location far open burning shall not be less than 300 feet from any structure, and provisions shall be made to prevent the fire from spreading to wit~.n 300 feet of any structure. Exceptions: 1. Fires in approved containers that are not less than l ~ feet from a structure. ~*ection 307.4.I: amended to read as follows: ect2on 307.4,1. bonfires. A bonfire shall not be conducted within 3~4 feet of a structure ar cainbustible material unless the bonfire 1s 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. Page 5  ..,y~-... ~ . . - 1.: '":~.iF...)• f..NS..~ ~r~' `.rti~ :i~oYr.2:.Jr.~a _ ..:w .t S;lOur I7ocumemtslbrdinancesl09120p6 ~C Amendments 4rdinance.doc ~~Section 3~'~,4.~: amended to read as follows: Section 307,4.x. Recreational Fires. Recreational fires shall be prohibited within the incorporated city limits of Denton., Texas. ~'~SeCt10~ ~~.4.3: added to read as fol~aws; Section 47.4,x. Trench burns, Trench burns shall be conducted air curtain trenches and ~n accordance with section 307.x. ~*ectlon 347.x; amended to read as follows: Section 07.x. Attendance. open burning, trench earns, or bonfires shall be constantl Y attended until the fire ~s extinguished. .A minirnun~ of one parable ire extinguisher complying with .Section 90~ with a minin~uin of 4-A rating or other approved on-site fire extinguishing equxprrient, such as dirt, sand, water barrel, garden hose ar water trucl~, shall be available far 1rr~rnedlate utilization. ~'~Section 30$.x.1: amended to read as falla~vs: Section 3oS.3.1. open-flame oo~n Deices, charcoal burners and other open-frame caal~ng de~,ce shall not he operated on combustible balconies or within 10 feet ~3,U4 . rnm} of combustible construction.. ~ . Exceptions: l . one- and two-family dwellings. ~~Sectlon o,l.l: the following sentence is appended to the first paragraph: Except for single- or twowfan~ly residences, the path of measurement shall be along a minimum of a ten feet ~ 1 wide unobstructed pathway around the external walls of the structure. '~*Section 5o3.1.Z: amended to read as fol~vws: Section ~0.1.~. Additional Access. 7`he fire Cade off icial is authorized to re uire mare q than one fire apparatus access rand based ors the potential for impairment of a sirs le road g by vehicle congestion, condition of terrain, climatic conditions ar other factors that could limit access. The fire marshal is hereby authorized and en~pawered to establish and designate fire lanes as he deem necessary for the proper ingress and egress of emergency vehicles. An f"1re lane des ated b the F`1re 14~arshal y y shall becaarne effective as of the date he sa designates, ~*Section 54~.~.4; added to read as follows: Section. 54~.~..4. Existing fire lanes. Any fire bane that has been established riar to passage of the ordinance from which this articl p e is derived and designated by the fire Page ~  _:s,..;.~;~.~ ~-aak' .;rr~k:;.:.-~.i.w::tt:.:~: ~.':~iv=.a6,5esi::~wmn ~";i,o. S:1~ur 1?ocumentsl0rdinat~cesl0~12006 I~'~ Amendir~#s Urdinance.doc marshal ar that has been established by a separate ordinance shall be a fire lane for all intents and purposes and shall be n~amtalned as requited by this cade. *'~ec~ion 503,2.4: a~.ended to read as foYlaws~ section 543.2,4. burning Radius, Each fire apparatus access road shall have are inner turning radius of not tens than 35 feet, and an exterior turning radius of oat less than 55 feet, ar shall have a design appraved by the fire code official as functionally equivalent to this standard. ~*ect~on 503.~.H: added to read as hallows: section 543.2.$, Fire Lane bite Plan. . ~a} When fire lanes are required in accordance. with the provisions of this article, the owner, builder, ar developer shall submit a ire lane site plan measuring ei t and one half {8-112} inches by eleven {11} znches to the fire code official prior to issuance of building permit. A copy of each approved fire lane site plan shall be kept on file with the fire department. fib} ~ onstructiar~ of the building shall not begin until the fire 1ar~e site plan has been submitted and approved, and the fire Iane, ar a temporary fire lane has been completed and approved by the fire code official. ~c~ '~*ec~an 543.3: amended to read as follows: Sec~ian 503.3. 1V~arking. Where xequired by the fire Cade official, approved stri or p ~ } when allowed by fire Bade official, signs, ar both, ar other approved natives shall be . provided far hre 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 ar repaired when necessary to provide adequate visibility. {1} Striping -Fire apparatus access roads shall be narked by painted lines of red traffic paint six inches {d"} in width to show the boundaries of the lane. The wards '"NO PAIl~ FIRE DANE" or "FARE LANE N~ PA.n~C~" shall appear in four inch {4"} white letters at 20 feet intervals an the red harder markings along bath sides of the fire lanes. {2} Signs -shall read 'fN~ PARKIN FEE LANE"' ar "'Fns LANE NCB PAR~INC" and shad be 12" wide and 1 S" high. signs shall be ainted an a white back aun ~ ~f gr d with letters and borders 1n red, usfn not less than 2 lettering, Signs shall be pern~ar~ently affixed to a stationary post and the bottom of the sign shall be six feet, six inches X1.98 m} above finished grade. Signs shall be spaced not mare than fifty feet {50 feet} ~ 15.2 n} apart. Signs may be installed on permanent buildings ar walls yr as appraved by the code official. ~~ectlon 503.4: amended to read as follows: ec~on 503,4, obstruction of Fire .Apparatus Access Raids, Fire ap aratus access roads shall not be obstructed b ~ y persons in any mannex, including park€ng, stopping, ar Pogo ~ ~ .  _ _ ~r ~ .~..h...Yn.Y„-'~Y.::i~~_YN-:~f:v4•'G~~6~.v~-~.~.i.,.; ~:~k:.Ha`.: ~'.4~ h _ ~ ~ . ~:r.V....:.. ,,,a.... ~,4: ~i~:~NkLx x..'e.~ S;lOur Docume~#sl0rdinances109120D6 tFC Amendments Qrdinance.doc standing any non-emergency vehicle, whether attended or unattended, in a fre lane. The rnin~n~um wrdths and clearances established in Section 5~~.2.1 and any area marked a~ a f~xe land as described in ect~an SU3.3 sha11 be nia.~ntained at all t~~nes~ The operator of a premise shall maintain, free of obstruction, all fre lanes an his premises. No person nay mark, post or othese identify a nan~fre lane private vehicular passageway as a fire lane or ~n such a manner s tends to create confusion as to whether the passageway is a . fre lane. Any unauthorized vehicle found in ar on a fire lane xs. ~ 1 } Subs ect to removal by the operator of the prerriises, with the expense of removal and storage to be borne by the registered owner of the vehicle, ul~~ect to citation, as well as removal, by the fire marshal or a police affi~er; and Deemed to constitute ~~i~a facie evidence of a violation of this section b y ~1~ a Warned lessee of an unattended vehicle, if subsequently detern~.ined to be under a lease or rental agreement at the time ~ of the incident; the registered owner of ari unattended vehicle; ar ~3} by any occupant licensed to operate the vehicle, regardless of whether such license is expired, suspended or revoked. ~*Section G~.~.I: amended to read as follows; Section Goa,.. dower apply. extension cards shall he plugged directly into an approved receptacle and, except far approved multiplug extcnsian cards, sha11 sere only one appliance. *~Section 90~.1,~: added to read as follows: Section 90,~.~. residential Systems. finless specifically allowed by this code or the I~~ernatio~a~ ~ui~ing C'c~, res~dex~tial sprinkler systems installed ~n accordance with Nl~"PA 1317 ar Nf'PA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "tradeoffs", permitted by other requirements of this code. In addition, residential sprinkler systems installed in accordance with SPA 131 must include attic sprinkler protection to be recognized for the purposes of such trade- offspermitted by other requirements of this code . **Section 9~~.Z: arn~ended to read as foiio~ws: Section 90.x, Required Installations of Automatic Fire ~xtingnishln S steans, An ~y a~utainatic fire extinguishing system shall be installed and n~aintaxned in each occupancy, as required by the provisions of section 903. ~*Sections 90~.~.1.1, 903.~.1.~, 903.x.1.3 ~~nd ~3.~.~.~: autended to read as follows: Section 903.2.x..1. i~roup ~-1. An automatic sprinkler s stern shall be ravi . y p ed throughout a fre area containing a Cxroup A-1 occupancy, where one of the fallawin conditions exists: 1. The fre area exceeds l ~,00~ square feet Page S .  . ~~=svn~:,.6,...^S~.cd,:.:'~1~c,«~~rx:i~~aw F+ri:ct:?'v'{a!;'1.~~'r'!Y?aR.'P.Y'c=-~::~c_ e:r f. `y _ .~.x~... .M '...Lii'.~..:1::... i~-'... F:.:i~rS...::li' YN.Sx"~iV!~+r,~i54Y:~rti~ti.~lur-a3~iY_'~ .'.~i9ni 5:10ur I]ocurnent~lDr~.izia~ces1~912Q0~ Ar~eadments p~•~ir~ance.c~oc The fire area has an occupant load of 300 ox xnore. The dire area is located on a Hoar other than the level ofexit discharge. 4. The ~i~re area contains a multi theater complex. section 903,2.1.2. Group A~2, An automatic sprinkler system shall be rovided p throughout a fire area containing Group A-~ occupancy, where one of the following conditions exists: 1. The ire area exceeds square feet. ~"he .re area has an occupant load of 100 or more. The lire area ~ located on a floor other than the level of exit discharge. Section 90,2.1.3, Grogp A~3, An autonr~atic sprinkler system shall be provided throughout a fire area containing a Group A-3 occupancy, where one of the followin g conditions exists: 1. The fire area exceeds 1 ~}OOD square feet. The ~`xxe area has an occupant load of 300 or more. 3. The ire area is located on a floor other than the level of exit dischar e. Section 903.2,x.4. Group A-4. fin. automatic sprinkler system shall be provided throughout a ire area containing a Group A-4 occupancy, where one of the following conditions e~~sts: 1. The fire area exceeds ~ 0,000 square feet. 2. The fire area has an occupant Ioad of 300 or more. 3. The afire area is located an a floor other than the level .of exit discharge: *~Section 903.2,7.1; added to read ~ follows: ec~ion 903,2.7.1. group 1~~1. An autonla.~.c sprirler system shall be rovided p throughout buildings w7.th a Group R-1 fire area, including all ca~nbustible concealed spaces and attic spaces. '~~Sectiou~ 9o3.~,S.2 and 9o3.2.S,3: added to read as follows: 903,2.8,2. Bulgy 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 autarnatic fire sprinl~ler system. in accordance with Section 903.3.1.1. 903.2,8.3. Self~servrce Storage facility, .An automatic sprinl~ler system sha11 he installed throughout all self se~ice storage facilities with a fire area greater than 7,500 square feet ~ . '~~Section 903.2.10: previous an~endxne~t section 90.2,10,3 deleted; and sections 903.2,0.4 and 903.2.10,5 added, to read as follows: Section 903.2.1D.4. ~ih~Piled combustible Storage. Far any buildin with clear g height cxceedir~ 1 Z feet, see chapter 23 to determine if those provisions appl . Y page 9  , s.... . ':y <.a:.:. S:1Qur I]ocu~entsl0rdinances1491~0~6 IFC Ame~~rriet~ts Qrdi~ancc.doc ect~an 4.~.~~., spray Booths and ~too~ns. N'ew spray booths and spraying roams shall be protected by an approved autarnaticfire-extinguishing system. ~*ec~on 903.~,~~.6: added ~o read as folla~vs: eCtlOi~ l V4A~~1 V~Vr ~xenera~. 1. .fin automatic sprinkler systenr~ shall be installed in all new buildings of noncombustible construction, Type ~ 8~ Ili including Cxrnup ~-3, which exceed three stories in height ar which have more than ten thousand ~10,0~~} square feet of floor area regardless of fire area, area separation walls, or ire walls. 2. An autan~atic sprinkler system shall be installed in all new buildings of combustible construction, type , IV & including Group which exceed two stories in height or which have mare than seven thousand #~ve hundred {7,0~} square feet of ff oor area regardless of fire area, area separation walls, ar ire walls. f The owners} of any building shall be required to install an automatic sprinkler system at such tune as the owners} 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,UO~~ square feet of noncombustible construction Type I II} total floor area, and when the fatal square footage of all such additions exceeds by more than twenty-eve ~~5~ percent ofthe original floor area regardless of ire area, area separation walls, or fire walls. 4. The owners} of any building shall be re uixed to install an autarnatie q sprinkler system at such tune as the nwner~s} constructs an addition ar enlargement to the building if the total square footage of such addttian, when cab~ned with the fatal square footage of alb pre~.aus additions and enlargements to the building, exceeds seven thousand five hundred X7,40} square feet of corr~bustible construction {Type III, V} total flQar area, and when. the total square footage of all such additions exceeds by more than twenty-five percent of the original floor area regardless of fire area, area separation galls, ar fire walls. **eet~on 943~~.1.1: amended to read as ~a~lows: Section ~U3..I.1. SPA 1 pr~nkler 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.~.A, 13, latest edition, except as provided in Sections 903.x,1.1.1, ~~3.~.1.~ and 9~3..1.~~. *~Sectivn 90.~.~.1.1: amended to read as foilow~; Section 9~~.~.1.~.~. exempt Locations. then approved by the fire code official i automatic sprinklers shall not be required in the fallowing rooms or areas, where such Page 1 ~  S:10w' Dac~rentsl0rdinances1491~~Ob YFC Amendments Ordinance.doc Sprinkler and standpipe system water,flow detectorsshall be provided for each Boar to to the sprinkler stun and shall cause an al ~ ~ arrr~ upon detection of water flow for mare than 4~ seconds, All contrvX valves in the sprinkler and standpipe systems, except for fire department hose connection valves, shah be electrically supervised to initiate a super~sory signal at the central station upon tampering, **Section 9~~.~; amended to read as fo~iows; Section 45.x. ~nstaY~atian Standards, standpipe systems shall be installed in accordance with this section and SPA 14, latest edition. ~~Section 90.3.1.1: added to read as follows: Section 905.~.1,~. ~u~lding Area. In buildings exceeding I4,040 s uare feet in area er ~ p . ~ story, glass i automatic wet ar manual wet standpipes shall be provided where any portion of the building's rntenor area is more than X40 feet of travel, vertically or horYZantally, as the hose lies, from the nearest paint of fire department vehicle access. i Excep#~an: Autornat~c dry and semzautarnatic dry standpipes are allowed as specified in ~ ~'~Scctinn 9U5.3.~: Exceptions 1 and ~ amended to read as follows; 1. ~pen~air seating spaces without enclosed spaces, glass ~ automatic dry and semiautomatic stand i es or manual wet pp standpipes are allowed in buildings where the Highest Haar surface used for human occupancy is feet or less above the lowest level of fire d artmen t vehicle access. ~~Section 90.4 item #5: amended to read as foIIow~; Where the roof has a slope leis than four units vertical in 12 units horizontal ~3.~-percent slope}, each standpipe sha11 be provided with a two~way hale connection located either an the roof ar at the highest landing of stairways with stair access to the roof. An additional base cor~nectian shall be provided at the top afthe mast hydraulically remote standpipe for testing purposes. **Section 9D5.9: second paragraph added after the exce tiaras to read as folio P ws. Sprinkler and standpipe system water-#law detectors shall be provided for each floor to to the s r~nkler s stem and shall cause an p p y alarm upon detection of water flow for more than 45 seconds. All control valves the sprinkler and standpipe systems exc t for fire department hale connection valves shall be electrically supervised to initiate supervisory signal at the central statiat~ upon tampering, *~Section 90.1, item #t: amended to read as follows: gage  ~vti.«~. ~e'u:s~-.rs:+~~5.:~ri.•:~o-f%":=.rR :,y~;~d~.7•,'r,.)wti~~ ~:tif c.'i.a•..~-~ ~ ~ ~ ~ - _.:k.~ _ .:3iw;, ~•k• y:a>1..: .;.:o-.a:a:~+:.,::..:. ti:.~:;y~: }:6^C:.tcc^-tk~.,J.:%i.:uirs . ~5?a•: _ :..~~e:::G s'de~. 5:1~~~ Docut~entsl~rdinatrces10912~0~ Y~'C Amendments Ordinance.doc ectioo 90.1. 1. In groups A, B, F, H, I, , r-l, r-~, r~4, , and U occupancies. **ection 97.1,3; added to read as fellows: section 90"x.1.3, Design standards. All replacement fie alarm systems serving 2D or more alarm actuating devices shall be addressable ire detection systems. Alarm systerr~s serving mare than 40 smoke detectors or mare than i 00 total alarm activating devices shall be analog intelligent ar addressable fie detection systerr~s. *~ection 907.Z.1.~.: amended to read as follows: ect;en 9D7.~.1.1. ysten~ Initiation in group A ccupncies with An ~ccu~~ncy Load of Three I~nndred ~0~~ or here. Activation of the fie alarm in Croup A Occupancies with an accupancy load of three hundred X300} ar more ~ha11 irnrnediately initiate an approved ~ prerecorded message announcement using an approved voice canlunication system in accordance with NFPA 72 that is audible al~ave the arnhient noise level of the occupancy. ~xcepti~n: when approved, the prerecorded announcement is allowed to be rrianua.lly deactivated far a period of time, nat. to exceed three ~3} minutes, for the sale purpose of allowing live voice announcement from an approved, constantly approved station. *~ectien 907.x.3: amended to read as follows: Section 907.x.3. Croup E, A manual fie alarm system sh11 be installed in gaup E educational occupancies. When autan~atic sprinkler systems ar smoke detectors are installed, such systems or detectors shall be connected to the building dire alarm s stem. An approved smoke detection system shall be instalied in Croup E day care occupancies, ~~ection 907.x.3: exception #1 amended, and e~tception #1.1 added, to read as follows; 1. Croup E educational and day Dare occupancies with an accupa~at load of less than 50, when provided with an approved autaatic sprinkler system. 1 ~ 1 residential In-Horne day care with fewer than 1 Z children nay use interconnected single station detectors in all habitable rooms. far care of five or mare children aged 2112 years or younger, see ectian 907.2.G.} **ection 947.x.12: amended to read as follows: 907.2.~~. HighWrise Buildings. Buildings with floors used far human accupancy that are located mare gran feet ~ 1 G,7~#4 nnn} above the lowest level of fie department vehicle access shall incorporate an automatic fie alarm system and an emergency va~celalarrrr carnmunications s~'stern ~n accordance with Section 907.2.12.2. *~~ection 907.~,1~; exceptions #1-a .are deleted. ~~Sectien 907.3.1.1: exception #1 is deleted. Page 13 ~ .  . . ..~i~ '~ar~~➢li~.~].',Y~?~d4::35. ~=~-.~=:{.'..i.- .:"~L ~ ==L V'3 'ti~j.J'.. .a.`i.: Nk}W.i. _ ~ "::a a: ..r . .~~F'.ki-soh .,i: _ _ _ _ - _ _ _ _ _ _ . i. ...,t' -.ham' .4+~:..:i..:':..u.r. _ ~~Ji'.C'.#e~.~ ~iSR~:. :~~,t~+;accets~L.:~r:'.o.a.~~4~,fi3 a~:._.: ~:r~a S;lQur Docurnez~#sl0i'dinances1091~d46 IiaC Amendments Drdinance.doc ~*ection 907.4: added second paragra~p~ to read as fa~l~ows: Hach r,~anual alarm actuating. device shall be an appxaved double action e. ~ * Section 9~7.G.I: added to read as faliaws; Section 907.G. Instaiiation. Ail fire alarm syste~ra.s shall be installed utilising glass "A~' wiring far all initiating anal .indicating circuits. Class "At' wiring shall be designed to comply with NF~A ~~Sectian 907.9.x: amended to read as foliaws; Section 907.9.2, I~~~Iiise buildings. Buildings with floors used far human occupancy that are located mare than 55 feet ~1~ 7~4 mrn} above the lowest level of dire ~depaxt~rier~t vehicle access shall establish separate zones by floor far any of the following t~rpes of alarm-~nitiat~ng devices: ~ . Smoke detectors Sprinkler water-flow devices 3. Manual fire alarm boxes 4. Dther approved types of automatic fire detection devices ox suppression systems **ection 91.4: second paragraph added to read as follows: ~'he dire-pump .system shall also be supervised for "lass of powers', "phase reversal" and " ~ p p ru~.nmg"' condit~ans by supervisuxy signal an distinct clrcu~ts. ~~ectivn 1D20.I,7; amended to read as follows; Section 1020,1.7. Smoke-proof ~ncivsures. Mach exit that serves buildir>I stories where the Hoar surface is located mare than SS feet above the lowest level of fire department vehicle access or mare than 30 feet below the level of exit discharge servin g such floor levels shall be a smoke proof' enclosure or pxessuri~ed stairway in accordance with Section 909.20 of the ~~~erna~ior~al ~~i~dr'~g Code. **Section 2~0~.1, Item #4; amended to read as foliaws; 4 Such that a nozzle, when the hose is fully extended, will not xeach within 10 feet ~3,04~ mm} of building openings. *~Sectlan 30I.1.~: amended to read as follows; Section ~~01,1,3. ~rewarks. >~xcept as provided otherwise herein, na person shall possess, store, offer for sale, expose for sale, sell at retail, manufacture, use ar explode any fireworks within the city limits, ar within. floe thousand feet X5,000 ft} 1,524 m ~ ~ thereof. gage 14  . ~ . r " '~.~1E.d ,eve. '~R4,5;. :d,~. ~ . _ _ _ _ - _ _ _ . „ „wwt~..:,.K,~~ ~.+v,::.~~. J. '.As:.:~. :::4..,: "S~r::~;:_;s..~~=w:~'"z~: '_:S ;'vus ...lr..,.: S;lOur Document~lOrdinances~D91~Ot16 ~C Amendments Ordinance.doc Exceptions: 1. only when approved far ~ire~orks displays, storage and handling of #irev~orks as pennitted in Sections ~3~4 and 335. 2. The use of~ire~rorks for approved display as permitted in Section 3~$. **ection 3oS.5,; amend by the addittoa ofthe fotloing section: lVlarkin of Shell. Each aeriaX shell shall have printed directly an its outer casing the follawmg minl,u~n warning 118-inch high letters, v~hich contrast to the background DARNING E~PLDSIVES CLASS "1.4~ or 1.3" FIRE'~RI~ DG ND"~ HANDLE- BALL 11 " *~Section 308,1: added to read as follows: Section Igni'on. Aerial shells shalt be ignited by lighting the tips of fines by . an electrical ig~litlon source, except when manual 1gnltion is approved ~ the Fire Marshal. ~peratars shall not place: any part of their bodies over the throat of the mortar. '~*Section 403.; sentence added to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. **Section 3404.2.1.; se~atence added to read as follows: An approved method of secondary containment shall he provided far underground tank and piP~g systems, ~~Section 340G.3.9: added to read as follows: Section 340.3.9. Permit Required, An operational permit is required prior to drilling and operating a gas well. j ~*Section 3503,2.1.x; sentence added to read as follows; Standby personnel s~iall be present during dernonstratxans. * ~,~ddition to Chapter 45 Referenced Standards: Chapter 4 Referenced Standards, All coroplianee standards ar references in the Fire bode to the reference standards of the National Fire Protection Association, ~atterymarch Park, Quincy, shall pertain to the latest published edition administratively approved by the fire code official, per Section 102.~.far compliance within the Fire Code. ET~~N 2. ~`he fees pra~ided for rn ectio~ 1 of the code adopted by ect~on 1 of this ord~.nanee shall be a fol~aws: Page 1  Ak S:IQur ~]aciunentslOrdinances1U91200G IFS Amendmen#s Qrdrnance.doe 1. Building Fire Safety Follow-Up ~Re-Inspection} Inspection Fees prodded in Section 1 ~ Interior uare Foote e ~ ~'ee ~ to ~ 25.00 ,o0i to 24,~0~ ~ ~ 50.0 X4,00 l to l l 0~.4~ over ~ ~ OO,oO ~f a second follo~r~up ire-inspection} is required because the violation has not been corrected, the following fees shall be charged: ~ to 3,O~o 5~.0~ 3, 0~ ~ to ~4,~00 $1 ~o. o0 ~~,00 ~ to ~ 00,000 $200.00 over ~ 00,000 X200.00 2. The fee for an operat~o~nal per~.1t required under Section ~ 05,6 of the Fire bode shall be $20~.OO per permit. 'The fee for a construction permit required under section 1 D5.7 of the Fire bode shall be $200.00 per permit. 4. The fee for each required permit or inspection of a gas v~ell or its associated infrastructure or development is Z00 for each such permit or inspection authorized or performed by the fire ~n~rs~ial oar his designee. 5. A fee of $35.00 shall be assessed for each annual inspecttan of automatic extinguishing systems ~I~ood uppressivn Systems}, autorrzatic fie suppression systems, and automatic fire alarm systems conducted pursuant to ectian 90 ~ . l . 'fbe perznit fee for a temporary sales or display booth in covered malls, conducted pursuant to Section l0.~.9 ofthe Fire bode, shall be $35.00. 7. A permit fee of $35.OO shall be assessed for a temporary tent permit issued under section 1 X5.7. ~ 3 of the Fire bode. ET~~IV 3, Any person mho violates a provision of this ordinance shall be guilt of . n~~sden~eanor punishable by a fine not exceeding 2,~OO.oo. Each such person shall be deemed guilty of a separate offense for each, and ever da or anion thereof which an viol ' Y y p y atlon of tins ardxnance 1s con~mrtted, or continued, and upon conviction of any such violations such erson p shall be punzshed ~dthin the limits above. SET~~~V 4. If any section, subsection, pare a h, sentence prase or v~ord i . p a p n this ordnance, or application thereof to any person or cxrcu~nstance 1s held invalid b an court of ~ ~ competent jurisdiction, sr~ch bolding shall not affect the validity of the remainin onions of this Page ~ ~  . . . w...~:..~.:..~. .....r - - - 5:1Dr~r Doc~mentsl0rdinances10912006 IFC Amendments Ordinance.~oc ordinance, and pity council of the pity of Denton, Texas hereb declares it v~ould . , ~ have enacted such reinalr~in portions despite any such ~nvalid~ty. S~~TI~N 5. The repeal of .any ordinance or a~iy portion thereof b the recedin ect1 ~ ~ ons shad not affect or impair any act done ar right vested or accrued or an roceedin suit Y ~ ga or prosecution had or coinme~.ced in. any cause before such repeal shad take effect bit eve such act done, or right vested ar accrued, ar proceedings, suit or prosecution had or com~rienced shall remain in full force and effect to all intents or purposes as if such ordinance or art thereof p so repealed shall remain in farce. SECTION This ordinance sha11 become effective 14 days frarrt the date ofthis assa e ~ a~.d the pity Secretary 15 hereby directed to cause the captloi~ of this ordinance to be ublished Mice in the Denton record chronicle, the afficia~ nespape~ of the pity of De~.ton, Texas ~vitl~in 1 ~ days of its passage. ~A.SS~D AND A~~~~ED this the day of , 200. ATTEST: ~ENN~`ER SALTERS, ~T~ SE~TA~R B~: A~PROED AST i ,A~1ITA BUS S, QTY ~.'fT~ Y r page ~ ~  ~.'~a~ir,. cis:... ..t t':... ~...x: ~.h.. - - - - - - - r . i ~ . ' ~ : . ..t<u. ;:4:.~Sr ~ i:rt ~.r~+~',: ..,.a -Ai~.;xJa:,~ry.^~~: . c,a ~ih. ~1~1 1 ~1 ~r~T ~.N~l~, ~IA.T~: April ~1, DEPA1T~l~T: valid waste repent ov~ard 11~artin, 349-5~~~ UB~ET ansider adoption of an ordinance approving a Lease Agreement by and between the pity of f7entan, Teas, as lessor and Tana Paint Fuel, L,~.., as lessee regarding a tract of real proper, being approximately acres owned tho pity of ]~enton, situated 1n the G. balker urvey~ Abstract Na, 133, pity of Denton, Denton Jaunty, Texas; providing for a term of ten years regarding the ethanol produc~on and processing plant of Lessee# authorizing tho pity 11~anager to perform the applicable duties and tho expenditure of funds therefor; declaring an effective date. The Public Utilities Board recommends approval ~5~~~. BAR~UN~ Tetra Paint Fuel, L~,L.. desires to establish a processing ar~d ethanol production plant to receive containerised and huh liquids containing sugars and conversion of those materials into an ethanol fuel. The principals have been ~rorl~ng with ~e chamber of a~nmerce# conamic Developruent, Planning, Wastewater collection and Treatment services, and the solid waste services in developing this project. Tetra Paint received heir Special use Permit from the pity far their initial site located at the granite Point ample in ~ctaber, ~0~~. Uav~ever, ~rastev~ater ~eatment options at that facility were limited, and locating near the v~astev~ater treatment plant was a better option for Tetra Paint. The selected site offers several advantages over other sites initially considered, Tetra Pant Fuels sees the falla~uing synergies for the adjacent to ll~a~hill load location: ~ Alurninun~ and ~il~er containers can lie recycled through the materials processing facility that is nest door. • Tetra Point's processed ~vaste~vater mill be treated through ~n on~site wetlands treal~nent system. The ~lg~e from this process mill be pressed to produce oil for use ~s a feedstock for biodiesel fuel production in the region and and rerr~aining material can be used in animal feed products. • Fuel grade ethanol will be available for purchase by the pity as a federally recognized alternative fuel far gas engine pov~ered vehicles, FIandling and transportation casts v~ould be minimal for the its ne~v fueling facility across the street from this proposed plant. The plant can use the excess methane from the Wastewater Treatment Plant or the landfill to ~ with its nat~~ral gas far use in their holler, • The environmental services faeilitxe currently on the site are con~patil~ie with the nature of their proposed operation. The prapasod lease would be for an initial term often year. The loaso may be o~tendod far two add~ti~nal five-yoar Corms if conditions are met, Adjacent property t~ fat acre site may also be available for lea~o in the futaxe at ~rhatever terms are agreeable, The lease rate an the ~.5 acre site is I ~ per square ~`~et por yoar far the first five years, with a CPI escalator to be used to adjust the rate aver that poriod. ~PTI~I~ The Council may rocammond appra~ral of the propased lease agreomont The Council may red ect the propased lease agreement? ar The Council may wish to recommend modifying any provision of the prap~sed lease agreerr~ent, ~ D1VEN~ATIN City staff recommonds approval of the proposed lease agreement, POTt ATIO~IREw oun~il ~oar~ ammissinns The Public Utilities Board approved this itorn by a vote of ~ to 0 at its March 9, meeting. HATE HEI~ULED ~~I~ ~I~U~CIT~ APPI~OA~ April ~1, ~~~9 VIAL TI~F~I~MATI~N ~,oaso payments will be deposited into the valid waste Fund, EIT 1. Ordinance propased lease Agreement 3, 1te Plan 4, PUB Mi~~tos P.espectully submitted, ~i ~ai1Ce enllor General Manager, solid waste ~~1~ ~lilV~ 1V L~l~~" A ~~DAI~ A~p1~N A L~A~ A~1V~NT BY ANI~ B~'~~1~ T~ ITS J. ~1~T0, T.l..i~, L1~~R Al~T~D T1~TRA P~I1~T` ~'~L, L.L.Q., ~ L~1~ AD A T~A.CT SAL ~~~P~RT~, B~Il~x APFR~ATL"~ 3 , 5 AI DAD B~Y T~ CITE ~p D~NT~N, IT[IAT~D Ili AL~It 1~Y', ABTT~AT N~. 1330, C1T D~~T~I~, D~~T~1~ ~~T, T~A~ p~~D F~ A T~ ~F T~ Y~A~.~ R~ADIN~x TOTE ~T~~L PR~I~~JTI~ AID p~~~Il~ SLANT L~; AC~T~IOT~x T CITY 11~A~~ T~ PRp'~R T~ A~PLIA~L~ DI~T~~ AZ~D T~ E~~TDITCE 'T~~~; p~~~ID1N A~ DATA ~T~ P~BL~ UTfLYT ~DAR]~ AP~~VAL ~~RO}. all larch ~0~9 ~e ~ubllc t1llt~es ward a Denton considered this Lease A.gree~nent and rec~mrnended approval thereof to the its auncii by a gate of ~Oa and ~R~~, tha lty ou~cil having considered the recar~nendation ~f e ~a~rd and based upon its assessment a~ ale facts and circumstances regarding this Lease Agreement is of the ap7nian that the Lease Agreerrzent is ~ the hest interests of the City; ~p~~ T CCt~NIL T CIT" ~F D~I~TC IEBY ORDAIN; ECT~CN 1. The City IVlanager, or his designee, ~ hereby anthari~ed to execute and deliver the `Lease Agreernenl' by ar~d hetvveen the City a~ Denton, Texas, as Lessor and Tetra Point p'uel, L.L,., as Lessee thereafter Lease Agreement, in suhstan~ally the form as set forth in ale Lease Agxeernent attached hereto and made a part of this ordinance far all purposes, ~CTr~N~ The pity Manager 7s authari~ed to rr~al~e any expenditures and to perform such duties as are set forth in the attached Lease Agreement. TIN 3. This ordinance shall became effective rrnmediately upon its passage and approval. PAID ~ APPR~ED this the ~ day af~ , ~~09. ~ A. BU~RR~LIT~, A~~R AT'~T. J~N1~F~R ALTAR, QTY ~CRETARY A1~ITA B~R~ I' 1~TT~~~ gage 5:1Utiltiir~ 1~Sttwa[~tratinnk5i►~tui+~i~y C~~ct~iI1CC ~iAj~i1'-I~'-~U'J4~'~I~I'~1~I1~ I.C1~C~11 I.C3SC A~LttIC~ll.7efral'ni~t :{x~l•I,aittifflli•5~V-i]nl•tt~l ~~II~Tr l.~x desires hereafter to snbstantiatiy~ madaif~ andlor suhs~aritiail~ change its of ar~~r afthe Leered Premises the nature and term of such madicatiau and change must 6e approved in ~rtiting LEA and this Lease Agreement roust amended writing to authorise the ~a. Lessee ~a~ase~an Luse Prem~cs~ LEEE shall have the right to consct ~npravements ou the Leased Premises and s xlght shall can~inue i~ effect throughout a term of is Lease .~green~er~ LEE wills a a canaldera~.an far LE~s oh~iga~ians set far~h herein and this Lease ~i~reem~ilt~ cax~s#ruc~ at LE~~E~s sale cosh a building ar a sees hra~dings and structures au a leased premises. 'T'hroughout teen of tb~s Lease ~greeme~t aid and etensian thereof, LEE shad have the right to alter rnodif~~ remodel and den~oTish and improvements LEVEE has constructed an e Leased Premises. LEES agrees to provide to LEC~I~ a comple#~ of plans and speci~ca~ons deta~liug each iropr~vement which LEE propase~ to cons~ct a~ the Leased Premises prior to camrnencing any catr~ction. ~ plans and speci~catians ll be r~vieed LEA only for compliance w'Y~ ~ municipal code of Denton, ~e~€as as ~e11 as and applicable environmental lames andlar regulations that are apptieahle to the 'T'~`RA apera~ons. LE~R's odd haste Division must approve, vuit t~ven da~s~ ar xn~ provide LEEE a when statement advising the canstxactxon puns are not approved. such approval a solid haste Division ~ not he unreason~bl~r tbheld or delayed, Provided hawever~ the acid waste Divisio~~s approval does nvt apply to an~r ether approval required tom the ity~ s Planning Depar~rnent, Per~aitting ar Build~g Pert Depar~ents~ ur other ~l~r depar~nents. o appro~ral of LEA. shall he required respect to arty ma ` ~ic~~ons ar a~~cratrans ar x~odelin~ a~ tie in~riar a~ and a~ tae pravements. impra~re~nents catracted ar placed. o~ the Lean Premses by LEA ~ shall rem e property o~ LEEE during ~.c tee of this Lease grecrne~at and auk rene~al ar een~lon hereof. for real prnpert ft~ues~ they shall remain the propel of LEEE~ and upon the teation of this Lease, the LEE Ys under a dnt to rampti, this sixty ~~a} des afthe epiratian. of a term of this Lease Agreement, remove and and ati i~nprovemer~ts and Mures installed ar constructed by LEE ~ no damage to the leased premises, LE~~ agrees to surrender the premises to LE{~R in hraam~clean condition, Tla LEVEE covenants to LEE. that upan te~t~on ~f this Lease the subject real proper shall be free and clear of and and recyclable materials ar ~raste that LESSEE abandons on ~e subject real proP• once the premises have been snrrendered LESEE~ LESSDI~ shall detene twang days the disposition afthe Y~,aaa security deposit which LESSEE sbalY. pasta LE~~~ before tang possession afthe ahave^descri~6ed Leased Premises at the beginning of this Leasew LESS shall ad~rise LESSEE ~ siting at i address as shown. here ol~ and deductions made regarding any damages suffered by the LESSER reason of LESSEE' default regarding LES EEC covenant to suorender the leased preuuses in broom.~clean c+~nditl~n, ~:4 se~nen#s~ LE~DR shall provide to LESSEN,when xeasonably xe~~red by LESSEE irl the conduct ~f Y - business uu ~e Leased Pre~ses~ but In no event later fihau comp]e~iou of eo~o~t~~ at na additional cansideratia~ noIle~rcluslve rights~of~wa~ ar easements that it ~ ~e right to grant uver~ across and thrangh the leased prape~; egress and egress onto the leased propel which are r►ecess~ for the operation of LESEE's fac' 'ties an the Leased Premises as falla~vs: ~a~ far ~onnec~i~r~ of at~r d s~ secr ~acities to a boundary a~ ~ Lased Pre~se~~ ~ ~`~r eannectlnr~ o~teieph~n~~ eiectd~ and gay des, as appr~~ed b~ dae appropriate ut~it~ ca~panies, to thaw wed at er up~a tie Leased ~remises; end ~c~ Fir e~nneedan a~ an-~~~~ s~ree~s medlar roads ~~r ~ehicuiar tra'ie, t~ reads imediatel~ adjacent to ❑r near the leased ~reses. lI rights-a~-~~ ea~~men~s granted ar to granted ~~a~~ ~a ioa~~~d in such a wad a~ ant nnreasana~i~ inte~'ere with ~e arder~~r u~a~iu a~the L~S~1~'S Landfill., ~..a n~irari~nent~ ~s~cssents ~e~uircd by Lessor ~~'hase ~ and phase is pe~rmiu~ a Phase ~ n~xannaen Study ~ i a~rn pral~essienal consuitsnt are e leased Site presently a cast of such study sl~a~1 ~ and tnel~r paid b~ L~S~~, lath a l~~asc I a~ad Place II dal l~nviranmental study shall ~e conducted an ~ leased Site upon a termina~n a ~ lease greemen b L~SSI~~'s licensed pra~e~siansl consultant ~e casts n~l~ath al:~t~e ~tadies shall be fuil~ and teiy paid ~y LI~~. ~e ini~.al P~~se Stady is cntly i~ pra~ress, 't'he Sinai phase T and Phase ~ n~rirnnmental d ~ ev~nmence ~a later thin thirty ~4~ days 1~a~1og ~ tennina~inn date o~ is Lease ~eemen Ll~~ agrees to pro~de L~~1~ nth enact copies a~ al1 such- shies within ten ~1~~ days ~nllaing LESS' receipt afsuch Ladies. ~ panes agree that o shah ~e exelusi~eiy respansil~le far the sa~s~`ac~nr cleanup a~ an~r envir~ntnent cuntan>inatian disclosed by a iain~.i Studies. l.~ Sx~~ais~ LAS » ~ en~tied to erect i~.~ and maintain on ~ Leased Premises identicatia~ and ad~er~isin~ sibs appropriate to i 1~i~ineS~ prodded, $a~ve~er, that all such ~ all tines s~b~ec~ to the prior men approval of LES~~ as to laca~~n, ire= shape, color and content. laid approval is conditioned upa~ the signs m~eetg a re~re~ents aftlae app~ca~ie city ard~ances a~the pity ~fDenton, Tee. ~~ims~ LAS SE>~ herelay ca~renanfs to uncand~~nna~ index L~ S~~ frnrn and agai~is and bald LESS~~ harmless ~r~m ar~y and ah lien clahns of any nature ~vlia~never atisin out oar in any nnaniner connected with e c~nstructi~n, stailatian, ere~txn .te~l"l~e, repair, accnpe, use and~ar nperation~ and improvements, ~acil~ties and~or eq~~ipment o~ I~SEI~ ar an~r third person ~n ar want e Leased Preemies ~ ur at ~e direction o~ nr v~ith the permission ~ LSS; and L~S~E"E purer agrees that it shall, in the event and such ]lens are filed, l~orthvth effect ear removal and~or satisl:'actian. Era~ded~ haever, L~S~~ shall have the right at its sole cast and expense, d aver lna~ring ~.ven LS~P. prior written notice of its intent ~o da sa, r ~ r to prampfi~y contest by appropriate legal proceedings di~geu.y cendueted in gaud faith, the amatult, validity ar applica~a~ in whale or park a~ any such lien ❑r liensa pruded ~i~ such proceedings shall suspend ~ ~eliec~~n of such lien~s~; neither the Leased Premises nor any rend tiaexefar, ~~r any pardon o~ carne, ~rauld be in danger of attach~en~ forfei~re, lass ~r smear cansecl~ence; and that I~~~~ sly ~axst wish secty to the City's areasanable satisac~an t~ band said lien ar 1ien ~ ~~the Leased Premises, ~ns~eetian ~d~ar I~ep of Leased ~~~~is. I~ shah at times ai~.tain the Leased P~reises ane~~ding ail ~mpra~er~e~ts thereen in goad c~~di~n, and L~~ shall be ~espa~sible fir all maintenance, repair and replacement ~ Leased Premises and . im~prave~nents thereen e~eept far repairs or replacee~ts caused by the acts ar neg]igerzce of L~~ ~ its agents or emplayees~ L~ represents and warrant that it ass the Leased Presses and that L~1~ is ~.y au#hari~ed to enter rota this Lease ~gree~nent with LE. ~ addl~ien, L~ represents and arzants that It hay nat granted any marfigages ar pledges a~~ae tract ~freal ProPex 1eaa~d hereunder, It is uuderstaad and agreed that any ~artgage, pledge, ~r ether encurabran~e ofthe pr~~er~y leased hereunder shall be subordinate t~ this Lease ~~reement and that any such naartgage~ pledge or other encumbrance Shan contain speei~u provisions prad~g that all ❑f Id's hnpro~e~nents or appurtenances an the propel leased hereunder, as well as any pradu~fs ar other caritents in ar on said impr~ements ar appurtenancesa arc ecl~ded dam such mortgage, pledge or encnrnbrunce, and that I~~ hereder retains the right to remove an~r and alb such improvements or appurtenances, as well as any praducfis or o~.er contents ar nn sold ~mpro~vements ar appu.~enances, In accordance nth the teas o~ this Luse agreement, and that ~ the evenf of a foreclosure, L~ shall have tae right to continue to occupy die Lease Premises puruan~ to the ~~er~s this Lease ~igreement sa long as L~~ is not . default hereunder. ~'T~~L~ L~~ . ~e~ The Pa Term of this Lease ~gree~n~nt shall 1~e far a term of ten ~14~ gears tom and aver the ecdv~ Date of this Lease greement~ unless sooner #er~ninated as praded ~`or herein. The "~f~'ec~~re ~ate~? of this Lease ~greesnent shall be the date on which LE~~ executes his Lease .~green~eut and has obtained an ordinance of the pity aunci apprnng sane. ene~ ~"er~s. Provided that L~~ ~s not ~ default and this Lease ~greernent is otherwise in ~ farce ar~d effects this Lease gree~nent be amended far a additional terms afve years each: The decision to e~fend the Lease .Agreement must be a mutual decision made by bath L~. and L~, ~Tego~a~ons ~ta extend this Lease agreement are to begin appro~ima#ely one ~I~ year he~are tha a~ tha Prima Tenn ar a First ene~va~ Term ~ e case of this Lease Agreement praided that the Lease Agreeaaent is not ~ de~anlt at a thne r~gadanns for tension axe entered into ~p~ipn to Lease ,ddi~anal. ~rac~ of hand the iu~tisl term a~ the Luse Agree~eut a Lessee shad hne the right ~rs~ refusal an Tract ~ a~~~hit had a Lessee ehonse t~ lease Tr~c ~ the appcahle rate and terrus he the same xent as pra~ided far at that post in time a~this Lease. Tract ~ of Edit not he leased to a third part~r and T~T'l~A P~~T v~l.~ have the uon~exclusiye right t~ use the aid Taste Depar#rnent~s private road located ithi~ Traet ~ for ingress and egress access bra heir site. A~ssi~ent o~ Leese Agreement LE sal uat assign, subict, ~n~~tgage ar pledge this Lease Agreement or interest herein ar ~ the Leased Pxe~uises ar any P thereof nor shall any assignment sublease ar trier hate~er kind e~ any interest a~ L herein lay operation o~ law ar by reason of L~~'s harupy ~beca~ne effective, lthaut the poor Witten cans~at oL~~ which consent shad not be unreasa~a~l~r ithheld~ pra~ided that the pity's refusal to g~v~ the pity's consent t~ ~ patent~al assignee ha is not as credlt~rarthy as LF ~ shall be deemed to he xeasanable. ~atithstauding the i'oregaing~ LFSEF shad have the xiht to assign this Lease .greernent ar sublet a Lean Pre~nies to an. eu~t~ that is cnntralled by, or under cam~n o~n~al with L~~E, provided that 'F.A PAINT` remains illy and primary, liable far all a~ i# obligations under thYS Lease .greeme~.t. ~i'L ~ent~lsf The rental for the Lease Pren~ise~ shy. he 5~.' ~T~ l per square gat, per year ~~r the i~rst eve years the Lce Tem. far purposes o this Lease A.greeent a `h'ermit Date's is the date upon which die pity o~ De~ntan issues the building cons~ie~on permit. The first raor~thly rental pa~rment due tom L~~~ t~ T~ payable at the af~ces n~L~R~ ll due an or before the i~rst day of the i~st uaonth, p~a~ble iu. ad~rance, nit ~ollang the Permit Date, nth equal payments ~f rental to be made on the first day a~ each month thereaer throughout the terra a~the Lease; Praided that the lease orate franc the Permit Date to the date n~ is~ee of the first erti~'ieate of ~eeupancy far and ~n-site huild~ng ~r sip ~ont~ Cam e Permit Da~e~ whichever event is earlier, v be Sanf~ of the lease rite for Tract 1; sublet hoever, ~ e terms afren adjustment ~indeg~ reserved iu this paragraph The rental rate set north hereiuabov~ is ~'or purposes of the Lean and shall he defined as the "~.at base . ~enfnl Payment." uoh itial base dental Payment will be a rental dui under a Lease for years one ~1~ through eve ~5} of the i~al ten Q~ year term a~ the Lease the "Primar~r Term.. Prior to the commencement a~the ~ixst ~1 std day a~ the sixth year of the Frirr~axy'pe, and prior to the commencement each additional eve year period therea~er t~raughaut the * ~ w eA~xe fierru the Lease, including any xenev~al fier~ns ~a rene Term"~, ~ x~nfia~, t~ be laid by LLB to under the Lease shy suh~~ct to ad~t~s~nent based upon adjus#rnen#s in ~ consumer pace ix~de, as hereiner de~n~d~ '1~e ~nittai base xenta~ p~y~ent sha11 be adjusted u~uard, do~n~rard, or unchanged prior to ~e commencement ofthe smith ~~th~ y~a~ o~ the Lease con~or~n the "onst~ner ode" nog anon as TJ,, Depan~nt o Labax, ~urean of Labox tatrstics ~ansu~ner Price Index, T~.. Cites Average a Items ~1~~' equal 1~~~, 'fie ad~usfirnenfi at the beginning o~ yeax ~ the Luse b~ accomplhed by ~nul~~lyin~ the inifiYal base xent~ payment ~ a coon, the numerator of ~thi.ch shall be such ode as ~ the most xe~~nt date published priox to the date ad~usfim~nt and a denom~natar which shah be the met recently p~►blished Ind as of the Connne~ace~nent Date The adjusfimenfi for each subsequent eve ~ year period ~ be calcr~afied ~ a similar manner except that rather than us~g the ini~a~ base renfial payment as a base rentais from ~r ~ "c ~.d~use~ be made, the rental figure fex the den euent year ~ be subsdtufied fox such i~~~ base ~ren#al paymeafi. In. uo .ve year period may the rend. be increed or decreased more ~ t~venty~~t~re percent ~~~°~a~ o~ the xen applicable during the eve yeax period rnediately preceding doe eve ~ year period for ~vhioh an ad~ustrnent is to be made, 1~ the index above reed shah be discontinued, the parties hereto shad attempt to agree upon a subs~f~fie ~nde or ~orm~. Iu the event o dispufie beeen die paie~ as to fihe amount o~ any ad~ustment~ the rates sba~l be estab~hed through the dispute resoi~~on procedures as described Article of this A~gree~nent. 3.~ ~es# LSE agrees to pay all sees andlox use tapes andlor valorem .assess~neu, and~or des which may be legally e~acfied, made, and charged upon ancUar ievied and~oz~ assessed aga~st L~~'s proPc on the Leased premises, befnre the same shall become delinquent; prodded, ha~rever, L~~ ~ have the r~gh at its sole cost and expense and aver having given L~~~~ prior ~t#en notice obits iuten~an #o do so, to confiest by appropriate Iegai proceedings diligently con~ueted ~n good ~aii~ ~e validity: a~naunt or appiication, in vrhole or ~ park a~ such tapes, bevies and~oar assessmenfis provided ~i~ such proceedings w suspend a c~llec~on ~ e levy, ox assessment; and a Lease premises, nor any xent therelaro~n, nor ~ portion of it is danger seize, ~or~eituxe sale loss or similar consequences, 3. Late hares o~ ~ntaYs. I~ any ins~ent rental tine f~on~ i~ not xcceived by within. enty days o~ die date upon. bich it is due, ~ithnut any notice or demand fax payment to LEF berg necessary, LLB v~ill pay to L~~~ an addition sum a~ dour pcrcea~t ~~~~Q~ o~ the overdue ran 8s a late charge, late charge represent reasonable '~llne aid ~f~or~5 0~ C1ty s#E in order fio enforce the rcn obligation acceptance o~ any late charge :hail not constitute a ~valver af` LE~~'s dcl`ault w"i~h respect to a overdue a~aount; nor prevent L~~ from exercising any other xights and remedies available to l~u Addi~ionai Fees there shall be na additional fees or assessments made by LLB for L~LE's use or occupancy o~ the Lease ~rernises: provided hac~rer, that L~~ sba~1 remain solely a r ~ a respans~ble for any i~npaot fee, connection fee, tai fey, b~ldin~ fees, ar y at~e~ ~nn~ei~a~ fees charged ~ the pity afDentan,'fe~s that are a~pl~ea~ble to the Leered Fre~ses; and shad pad same, ~ Pallu~iaa antral, L~ ~ arcs that it shad use its comrn~rciahy reasonable hest eons to campy v~th a~. app~.cab~e federal, state ~ Racal ~a~vs, relatia~s and a common lam, as fey may east curre~t~y, ar they may be amended in a ute, ~er~a~ning to protection ofthe e~tvira~ment ar human head and suety at a ~ac.t~r ~,nd~or i~ tie vicinity of any 1 aperatx,ons or ae~vi~es that may pitted hereunder, a~pli~nce with ~~v~ra~me~ntal Laws and ~d+~tnnz~ieat~an~ During the term ofthis Luse ~gree~nent~ L~~~ shad f~.ly comply applic~►h1e ~ed~, state and Iacai. aws~ regulations and ~e aomraon la.~r~ as they nay exist currently ar as they may be amended the fu~re, pertai~n~ to prat~ct~an ofthe environment or h~ health and safety at the ~'acty. I~}a~rants d represents that at a cammence~ne~t ofthis Lease ~.greement, fat to ~ 1~oledge there no ~a~ardous substance ~ defined hereinbe~aw} incl~dang any petxa~eom~ petxo~eu~n ~roduc or osier types ohydrocar~ans in ar on the Leased ~reises in oantraven~on of any federal, site or weal Ia~vs, re~a~ans or tie cowman lavr penning to pratec~nu. of e envixanment or h~nan heap and safety. atthstanding any erosion in this Lease agreement to the contrar~r, it i e~ressly understood and agreed that the LEI here~~r agrees to index to a event prn~ided by applicable ~a~r, defend at~d hard ~axess a L~ o~.y to e~tt pitted by applicable ~a, l of~xcers, en~pioyees, contractors agents, cnstan~ers, licensees, invitees and~or v~sitars and any other person for or on whose behalf L~ liabie, harmless fr~n~ and agat any and clalms~ al~liga~,ons, liabili~es, casts, expenses {incln~~.ng at#orny's fees, losses, snits, fines, penal~es or demands, made ar sought by or an behalf of any person, mss, corporation or ga~ern~nent authority ~vhotnsoever, bred upan or a~islag vu~ of any obliga~on,'lialallity,loss, damage or expense, 'hate~'er nature ar cor~t~gent ~therse, Irnawn ar ~ovun, ~curred ender nr imposed by any ~revisian~ of federal state or Iaeal Iavsr nr regnla~an, ar comtnan la~V, per~ahung to protectrvn ~f the environment ar human health and safety In or on ~e Leased ~'xen~ises prior to a ~~ectl`ve Date. I~Tori~standing any provision , this Lease greeraent to the contxary~ 1t is eressly understood and agreed that the does eat assume or agree to he responsible for, and L~~E hereby agrees to inde~y, defend and hold L~ its officers, emplnyees, contractors, agents, oustn~ners, ~ce~sees~ ~vitees andlor visitors and any other person fnr or on whose behalf LLS~ is liable, harmless from and against any and ah claims, abligatxons, r ~ R liahili~es, cps, menses including attnrne~s' fees, insses, des, ~enal~es, or ~e~ands, made ar sought b~ or on heha~ of any persa~ ~rra, carporati~n ar g~~e~atne~t au~arl ~vhnrasae~er, based upon ar ar~si~~ nut c handing, starage ur dispn~a~ of T~azardaus Substances LE~~~ agent or anyone nn nr ahaut ~e Leased Fxemises or at e d~rectiarl of I~~~E~ ~r a permission of L~~ during tha t ~f this Leese Agreement. Far puxpases this Lease agreement, the teen ~a~ardaus uhstance" nr `a~ar~vua ~uhs~ces'~ means that tez as deed in. Secdnn ~~~1~14 a~ a~tprehensi~e l~nronmental ~e~panse, ~~npenati~n and ~iahility pct of as amended, T~.*. ~ec~an 9~~1, et but it also includes the term. `regulated uhsta~ce" as defined Section ~~I~}~ and the term i`Haza~rdnus aster as defined ~ ecdnn ~~~~5~, of the esaurce anrva~~n and ~eca~rery ,~.ct of 197a a~anded, ~ ~ectian et ~`RA.'}}, eluding ail regrala~ians issued pursuant to a~. ~ a~o~e statutes, well aay other contamin.ant~ aii, pe~oleun~ pe~ral~uu~ product u~ ~~praduc~ radiaacti~e material or byproduct and any unsai~e, a~aus, ~n~c ar haardaus suhsce or similar ~ate~al negated as a ha~ardaus substance under any applicle state, federal ar local Zaws and a,ny aver applicable ea~irantneo,, land use or similar act, statute or regu~at~nn existing as of the date of this Lease Agreement ar thereaer. The iudemni~icad~us pr~~,ded ~y thia ~~c shad speccally and reciprncaliy ca~~r, withnt~t .nation, cam incurred cnnnec~on nth any in~e~~iation of site conditions ~r any cleup, remedial, re~a~val or res~oratiau word refired by any federal, sate ar iacaX go~vernmen agency or political. suhdi~isian or other third pay. 'T'he faregoin~ cnrnnmental. ~dem~ prosio shad snr~e fnr ~ pe~od of ~e } year aver the ~iration or ter~mi.natian o~this Lease agreement and an~r renews hereof. ~~3 +~nmp~ian~e haws and egulat~nns~ LI~SS~I~~s e~ereise of such rats axior pr~riieges as mny he extended it hereunder shad at tunes ~e in fi~ compliance with a~ appiicahle Ias, rules, and regulations clud~g saf regulation, o~ the pity of Denton# ~~xas, the State of 'Fear, the T~ni~ed States, and other govc.entai autha~tYes nova or herea~er hang jurisdiction thereof and~ar any of tbe~r dul empowered agencies and~ar instrumentalities. . copy of ati hu~ding permits, licenses, and si~nilax autha~i~ing dacurneu ~ he promptly pro~rzded to the LESSER. Lcssee~~~e. Far the term ofthis Lease .greemeut and any reuev~ai thereat LESSEE w maintain, at its own expense, the fa~~ir~g insurance coverage: ~a~ wnxl~ers~ nmpensatioa~ p~ra~iding stator~r bene~ts~ and Employers' T1iau~ity coverage with mini~uu~n limit ofI,~~D,~~~ per each occuureace; and - w (b) Comprehensive General Liability insurance coverage with minimum limits of $2,000,000 per occurrence for bodily injury and property damage. Coverage shall include contractual liability; and (c) Automobile liability insurance coverage with minimum limits of $1,000,000 per occurrence, combined single limit; and (d) Casualty property insurance on the LESSEE constructed facilities on Site in an appropriate amount reasonably determined by the agreement of LESSEE and LESSOR, which amount shall take into account the constriction costs of the Facility and other relevant factors. LESSEE shall provide LESSOR with a certificate evidencing the insurance required hereunder together with written evidence of premium payment. All such policies of insurance shall'require that LESSOR and LESSEE be given at least thirty (30) days prior notice of any modification, termination and/or cancellation of coverage. The insurance policies described in (b) and (c) above shall name LESSOR as an additional insured party. All insurance policies belonging to LESSEE shall be issued through companies that shall have a minimum A.M. Best Company rating of "A-," in addition to a minimum financial size category of 'W' or "VII," or alternatively a Standard and Poors rating of "BBB" or better. ARTICLE 5 TERMMATION 5.1 Termination. This Lease Agreement shall terminate pursuant upon the expiration of its Term, or extension of Term (if applicable), or upon the subsequent written agreement of LESSOR and LESSEE. Upon termination, LESSEE shall be entitled to remove all personal property from the building(s) and any equipment that LESSEE has installed in the building, and shall thereafter promptly quit and surrender the Leased Premises to LESSOR in broom-clean condition. LESSEE shall additionally remove all feedstock, recyclables and recycling materials, by-products, end products, and chemical supplies from the Leased Premises, and shall thereafter quit and surrender the Leased Premises to LESSOR, subject to the provisions of Article 13 hereinabove. 5.2 Events of Default The following shall be "Events of Default" under this Lease Agreement and the terms `Event of Default" or "Default" shall mean whenever they are used in this Lease Agreement, any one or more of the following events: (a) The insolvency, assignment for the benefit of creditors, adjudication as a bankrupt of LESSEE or the appointment of a receiver for substantially all of the LESSEE's property and/or LESSEE's interest in this Lease Agreement; or -11- order #o e~~~e any parr eere~se and remedy reserved ~o ~n this Lease .~ree~aen~ ~fi s~ nefi ne~essar~ f~ dive an~r ne~ce, ofiher than. nonce as is herein e~~ressly~ required. t`~IL LLA~~J ~.1 ~~e~ ~n~~en~~ covenanfis ~ha~ dur~ug #ernn o~ #~is Lease Agree~nenfi and ~a~r sn l~n~ as L~~~ span made ine~~r pa~nen# ran#a~s die ~~~eunde~, ~n~ ~~a~ per~~r~ a~I a~v~nanfis a~ ~fis parfi be ~cr~ormed, L~~E shall and nay ~eaee~bly and gniefily eve, held and, en~o~ the Leased ~reses. ~ fide event a~han~p#c~r, inso~venc~r~ asx,ent for hene~~ credi~ars, or ~`orec~osure of any ~r~~~~e or ether encu~hrances, b~ enter or sale, L~~E, i# nofi then in de~aul Shan peacea~I hold and ~n~o a Leased Prencs for fihe rerna~nder a~ e une~ired tern afthe Lease ~.rree~nent upon. the sane #errus, covenan#s, d cond~filans ~ thus Lease reemen~ ~nt~ces. ill na~ces and aver e~ca~ons required ~r p~fi~ed #a ~e ~,ven an~r pro~is~on o~ s agreement s~alf ~e in Ong and mailed ~eeried or reds#ered mail, pesta~e pre~~id, rem receYpt reques~ed~ ar sent hand or ~verxda# conrier~ and snch no~ces span also he senfi bar facs~m~.e trans~iss~an ae~n~ledtnen# received}, charges prepaid aid addressed to the ~nt~nded recipient ~s ~oa~vs, or t~ s~eh oar address ~r number as mad he p~ci~red ~m tie to e h~ ire notice #v a ~ar~es, A course c~~ such no~rce or per c~m~nunica~on shall a~~e he senfi efecfiranieah~ vii email fio fihe ema~, addresses pro~ded in fihe con#net in~orrua~v~ ~e~o~v; eroded, however, tha# such ema~1 copies X11 no# corti~e atlce as de~rned ~ t~s ecdon ~a~ to tae Yt~: it o~~en~ou~ texas ~1 ~s~ c~ey ~ee~ den#an, 'x" 7~~~ ~en~i~n; ~ meager sacs' ' e: ~~4~3~~M~5~~ '~~h a copy ~ a~~enl~n ~ S~ onfih Ia~r~ll load ~entou, 7~~8 ttenfiiar~: general meager o~ solid as~e services ~"elephone: ~~0-3~~,~~ ~ma~; ~a~c~,emi~r~ci~yadenton.com, Ito Les~~~; Prior a e~`~~~~re ~a~~ ease: T~T.~i PICT LLB Tina ~ig~r, Preside~~ Lane e~d~n~ gir~a~~7D der fide eee~~re dale af~ae lease; TET. P~Il~T FLT, L~~ T eier~ ~res~de~~ P~ Boy Don~~~ Tee 76?al Ph~rca~ ~4ddre~~: 134 a~hil~ ~aad ~en~~~, Te~a~ 7~~~8 - Phone ~~~o~ 39~~~~ elf Phone: ~~~D} ~43 5~3'~ ~ ~ e--~: ~na.~eier,te~rapninu~ls.ca~t nth ~ aa~ T`~T~ P~Il~T FI~~~ LLB - n~ ash Road - ~e~~an, Texan - Phone ~~~9~ elf Phone} ~~~~~7~~ ~n~r Pam a ~~m Mme one ~pe~r ~ diff`ere~.~ a~dres~ for notiee~ ~ life n~~iee the offer Paarr. A1~. ~o~cas and oar vunications ~i~en ~ acard-anc~ wig tae ~rovisi~ns is L~a~e .~greeent s~a~I be efec~ve u~~n reeei~~ same. ubs~~~ ~~Perfoa~ce b~ ~~ss~r. ~ ~a~ ~o ~a any~h~ re~~xed ~e dine under ~ ~e of this Lean freemen ~~ep~ ~a pad rend and ~~er e~arges, L~ ma~~ aver d~~s men ~a~ee L~~~ at s~~e opfiion, cia ~sucla or n~ ~el~ o~ LLB, aid upon necatiou. the ~o~t thereof to I~S~ aha ~r~~np day #o L~~ amok t~a~ e~s~~ ~n ease o~ e~nerency, may pe~o~a~ huh is nod ~~1~~ated to perform, any act or do anything reasonably necessary on behalf of LESSEE and upon notification of the cost thereof to LESSEE, LESSEE shall pay said cost to LESSOR within thirty (30) days from the date of LESSOR'S written claim to LESSEE. 6.4 Eminent Domain. If all or a portion of the Leased Premises or all or any portion of LESSOR's other property comprising the Site shall be taken or sold in any proceeding by public authorities, by means of condemnation, expropriation, appropriation or otherwise be acquired for public or quasi-public purposes, there shall be equitable refund of the rental paid by LESSEE under Article 3.1 above from any award to LESSOR proportionate to the amount taken. Nothing herein shall affect or diminish LESSEE's right to seek compensation for any portion of the Leased Premises taken and LESSEE shall be entitled to all such compensation for its provable loss or damage. In the event the taking of the Leased Premises or all or a part of LESSOR's other property comprising the Site is total, this Lease Agreement shall terminate, and LESSEE shall be released from all obligations hereunder; except for any sums of money owed to LESSOR at the date of termination of this lease, which amounts shall be paid to LESSOR within thirty (30) days. In the event the taking of the Leased Premises or LESSOR's other property comprising the Landfill is less than total, then LESSEE shall have the option to terminate this Lease Agreement if continuation of its - operations on the Lease Premises is substantially impaired and economically impractical. 6.5 Studies. LESSOR shall provide to LESSEE within fifteen (15) days after LESSOR'S date of receipt of same, any and all environmental and all other studies concerning the Leased Premises as they are performed during the course of this Lease Agreement. LESSEE shall likewise provide to LESSOR within fifteen (15) days after LESSEE'S date of receipt of same, all environmental and other studies concerning the Leased Premises during the course of this Lease Agreement. There is a separate provision for Phase I and Phase II Environmental Studies required to be furnished by LESSEE at the commencement and at the termination of the Lease Agreement. 6.6 Substitution of Performance by Lessee. If LESSOR shall fail to do anything required to be done by it under the terms of this Lease Agreement, LESSEE may, after sixty (60) days written notice to LESSOR, at LESSEE's sole option, do such act or thing on behalf of LESSOR, and upon notification of the reasonable cost thereof to LESSOR, may deduct said amount from any amount owed by LESSEE to LESSOR In case of emergency, LESSEE may perform any act or do anything reasonably necessary on behalf of LESSOR and upon notification of the cost thereof to LESSOR, may deduct said amount from the amount of mental then owed by LESSEE to LESSOR If no amount is presently owed by LESSEE to LESSOR, then LESSOR shall pay such amount to LESSEE on. demand. -15- 6.7 Recordation. Neither LESSOR nor LESSEE shall record this Lease Agreement without the prior written consent of the other party. LESSOR and LESSEE may execute and acknowledge a "short form" memorandum of this Lease Agreement for recording purposes, substantially in the same form as set forth in Exhibit "C" attached hereto and incorporated herewith by reference. 6.8 E, retire Agreement. This Lease Agreement embodies the entire agreement between the parties with respect to the leasing and use of the Leased Premises. There are no representations, terms, conditions, covenants or agreements between the parties which are not mentioned or contained herein. This Lease Agreement shall completely and fully supersede all other prior agreements both written and oral, between the parties pertaining to the Leased Premises. No party to any such prior agreement hereafter will have any rights thereunder, but shall look solely to this Lease Agreement for definition and determination of its rights, liabilities, or responsibilities relating to the aforesaid matters set forth herein. 6.9 Captions. The article and the subsection headings and captions contained herein are included for convenience only and shall not be considered a part hereof or affect in . any manner the construction or interpretation of this Lease Agreement. 6.10 Severability. The parties agree that if it should ever be held by a court of competent jurisdiction that any one or more articles, subsections, clauses or provisions of this Lease Agreement are invalid or ineffective for any reason, any such article, subsection, clause or provision shall be deemed separate fiam the remainder of this Lease Agreement and shall not affect the validity and enforceability of such remainder. 6.11 Successors and Assigns. The covenants, terms, conditions and obligations set forth and contained in this Lease Agreement shall be binding upon and inure to the benefit of LESSOR and LESSEE and their respective successors and assigns. 6.12 Disputes and Governing Law. This Lease Agreement shall be construed solely in accordance with the laws of the State of Texas. Exclusive venue for any claim or cause of action under this Agreement shall be, as the case may be, either in the District Courts of Denton County, Texas, or the federal district courts of the Northern District of Texas, Dallas Division. IN WITNESS WBEREOF, this Lease Agreement has been executed by the duly authorized City Manager of LESSOR, and by the duly-authorized officer of LESSEE, in multiple -16- ~~unterpa~ks, v~~ich, ~a~ ~1 p~~rp~~es, shall be deemed an ~r~g~a~ and all a ~h~e~ shall evid~n~e hit sae a~reemen~. . ~~D ~ ~ ~ ~a~ _ _ ~~~a but to be effeG~~v~, raided and. c~npaed from and aver the ~~9. #~rY ~ iiii~~~~~A~~Y f r~+l IY~ i rt rt+R~ ~ ~e n~c~pa~ oora~ou ~rE~~ AlI~PBEI~I~~ qty l~anager~ 'I"~T; ~ ~~~r I tht~ ,ease A~ree~ent has ~ee~ eecu~e~ 1,~5 the ~~~~ree the ~nderi~~d itnes~es, m~iple e~~i~s~ each which, fir all ~u~s~s, shall ~e deemed an nri~ina~ and ail a~hieh shad. evidence ~u~ one agreement. ~~~~t 1~ t kited Liahir arpara~n R T~t~e: ~TT~T: ~xAL ~U~ r , i~~~ i 'Z3I N~I~R~DVI T,~A~ ~"e~,~~'Edl,"~ e~ecufied as a~ the _ - _ - dad ~f ?a~~~ ~ and ber~~n T~ ~ ~ 'S'EA, aid '~~'R.~i ~ S'It ~E~ is aver a~ ~ ~ae~ o~ 1~d `~'r~pe~'~ Incat~d i~ ~eatan, and au~d in an Fhibit aa~hed h~reta. ~E~R a~,~ ~~E~ have nt~red iu~~ ~ ~e~ Lease reeme~~ ~~h~ `~~as~~'~ ~ ~ dad a ~~09, here ~E~ bias iea~ed to ~ ~xape~ fay the terra a~ tee. ~~4} ~re~rs e~mmeneing an ~e dale ~f it~r ~u~din~ ~Per~ ~p~ra~r~., '1~e pard.es ash record a re~ere~e~ ~a ~ L~a~e to declare that . dae P~aperty i~ ~u~jee~ oi" ~e pru~iia~s contae~ ~ the lease. 'ls emarandt xs nab intended ~a alfer any a~ the terms and ~r~s~ans ai' a i~ee, ~u~ is t~ serve n~~e e~is~enee a~ e fie. I L~ d LiJE have caused ~ le~,ardum o~ I~ea~e ~a be duly' ee~~~ed on the day and dear first men ~b~~e. . J.1~. ~T1~'~'~U~~ L.~~~ BF,~ ~ ~e undersigned au~~it a~~ea~ed e~F~~ C, p~~~, ~ ~anag~~ ~~ty ~en~o ~`e~r~s, a Te~~s iun~ci~~ ar~~ratio~ ~~cu~ed this Lean ~iree.en~ nn ~ [~eal~ otar~r Pu~~i~ in ~n~ ~en~~n ouu~~y, T~.as j~~ sir 'r= l « i'it =~..1.: ~ .t:.. "t•2'~"•' 'rr~r if• LAS >r+ »~w;.. '~t1 ji .i'~= 'i.h.~h-. . . ' : ~ `r+, ~ F r ~ 3 _ ~i ~ ~ s ; w ~':s`•... ter. _ . ;'l"+, ,-i''• *;~.R.r ~ `t^•..~.~'~ :':.l~~Ft~1~~1:-~~~~ ~~_~-~~~J°~e~.'L' ~1~J•~~~a. j a • +•x~, w+:,~.:~•.'4 , + ~ f ~ _ + i -yam ~ :~LS"1` r- k: - _ - ~rS: ''t..,`..' ' : ~'",Y i _ 3.5~~ acre Tract 1-- - F~L>~ ~~TE to all of that cert~rt tract of land site#ed i~ the all~er u~vey A.~str~~t Nuu~her ~33~, icy afDent~n, Denton ount~ Teas and being a park af~ ailed ~9,~1~ acre tract described in the deed frnm. Harald tae to qty ~f Dente Tee r~cord~d under clerks File umber ~SM~.~a7~~~3 of the Peal Pr~per~y l~e~ords ~f i]entan auut~, Te~as~ the st~h~ect fact being care par~icuiarly described fnllnws ~ear~n~s basis is Texas Caardinate stem of i9~~~ arth central Zet~e~~~: BE]~I for the Northeast corner of ~e tract being described herein at ~ l1~ inch iron rad with a yellow plastic cap staged ~`~oleman RPLS 4~alt' set therein aver ~eferxed to in the last line of a said ~9,G1~ acre tract from which a nP" nail set at ~€~rtheast earner thereof in Txeai~ent Plant ~aad bears Nar~h ~0 Degrees ~ Minutes 4~ ~5ecands hest a distance a~ ~ feet Tl~l~'~ ~auth a0 Degrees Minutes 4~ ~ecoo,ds ~asfi wit~7, the line of the s.d 9.~i? acre tract a disce of ~~a.53 feet to ~ 11"ll far the ~autheat ~ar~r~~r of a herein desc~l~ed tract and the ~1nr~east earner of a 5,~1~ acre ~act~ TI~I~E Nerth 8~ Degrees ~9 Minutes ec~nds west a~rass the ~~,~1 acre tract v~ith the earth line of the said S.Gr4 acre fact a distance of ~G.39 feet to a 1l~rrtR for the »ar~hwest earner thereof on the East lade ~f Treatment Punt load; TAE 1~arth Degrees Minutes ~'S aconds East one the last side of Treatment Plant ~aad across the 9,1~ acre tract a disnce of 75.4 feet to a 11~4'IR5 far the beginning of ~ curve to the right having ~ radius of G~.~D feet; TII~ artheasteri~r aiang the arc ~f the said curvy an ~ length of i ~8.9~ feet ~ch~rd he~~ earth ~8 Degrees 1~ Mnn#es 1~ ~ecands East a distance of 1~4,9~ feet to a ll~"III far the ~Tarthwest career oftl~c herein described lac TI~I~~E youth 89 Degrees l~ Minutes ~U Seconds East continuing along the Knuth side of Treatment Plant load across the ~~,~1~ acre tract a distance of ~~3.~~ feet to the PL~.E CAF` EE~I~Cr and enclosing 3.~11~ ages ofland. ~1 ~ awuuuns ~trr r Nrnra~ w~e~ Sara-err-u+~ 5~i'~.ltJh~~ Nd1N~~ Mai'ESNIJl3n~1~i91iY~171i1~'J~IA{M * S •r ~VRi'~ir[iu f~~~~~~~,~ ~ ~ ~ U m ~ 3 NG11f3dI ~X09V~ ~+1 ~ ~ ~ ~~~~Q~~IW~ ~ ~ ~ ~ ~ u~~u~ja f ~ n~~s ~bbQ~naa ~9 i'~ ~ ° r d ~.11~ 0 ~~~a + 4~~W_ ~x-1 0~~~ w ~uM~g ,~WJ~s~ ~~~c~ ~~WN~~! ~~~~M i~ { ~ ~j ~a 1 W~ ~ 3~~~,. ~ „ a_ ~ LL Z~ ~Wtt~ ~y + Z:I~YIIt+i7~ ~~i •WIR W y t~ rF ~ ~4~ C~ k LIB ~*iF ~t+ T~ YQ~ w ~ls a~ ~rh W W R = ~h o~Y ' ~~~W r°~ INf 1781 itplr! x3C1~ Fw+~ T ~ W { "11 4 ~ ~ i}} ~~yy ~+~w ~~yy~y ~ W 3 ¢ r ~FF a ~~ifillk9Cl ,f{•+lA~ fR ~~~{92N.I1! ~ ~~Fi ~~N ~ s•~_ ~}J ~ 9 ►nfl~ ,~'t£ ~y, ,£5'082 ti ~ ~ w_ •~r ~ M it ~Q~ _ M1 ~w ~rwo ~ p aria ~~y ~ F ~ to . 4 •L 4 f.L fTi zo bc+ Jae ~n° * x d ~f~ E-'# ~ ~ ~ W ~ ~ 1 ~ x ~ ~ ~ ~ ~ W H y~ n ~ ~ Ca ~ i r"- [n ■ ~ ~ m y° ~r iS lA o ~ ~ 1~ ~rµ~~~ Q ~ o z ~ ~ ~ N~' 1 r ~ n~ ~ 1 ~ ~ i LL F O O ~ ~ ~ + + lf1 ~a tiw WQ ~ 1r5 f ~ µM1 ~ W i F ~ N~ T~l1 ' 1 W R1 ~~V ~ 1 + ~ o~~~~N~ ~ !C l!7 ry Q a m p + R ~ cr ~ !rt ~ i • i { ~ mac! R ~ m 1 . ~ ~ 1 ' ' ~ W ' ~ r_rl + 1}~ 1 F~a ~ + ~ ft{ R R ~F. ~ y , r ~ T l 1 + + ~ R 4 rwL 4~t ! ~ f +~11..~~ i R• 1 { 1 ~ 1 t~ « x ' ~ ~ ~ , ~ , W R ~ ~q r _ _ ~ ~L/ R ~ } ~ ' ~1l~ 1 1 -y` ~ ~ + ' i~ ~ W + '7 y 1 ~ RsR~I~6~t + ~ ~K R~ r y 1 ~ ~ kO r ~ R W~Y ~Y ~ R~jk•f l~T + i [y V ~/y~ ~5 R • L M Y4. y { ~ / LJ 1 ' ~ } • J'S ~ • R ~~~rryry ~ R 1 4• • ~ ~ ~ N ~ 1 ' • + 1 F ' F i ~ Q , ~ i' °'7Hd 1 1'~ ~ , ~'~Lt` ~ + y ~~rFWI ~+t~~aJL1 W U W X ~ ►t * • ~~z~a~~wa~vl~ ~ ~ 7 • p w ~ o yy~~ ' r ~ R 1~~G~ ~ " ~V~~i~~LJIL~u ~W\1 ~ 7: p ~ ~ LJiL..~e y a u ~ ~ ~ ~ 1 Q * ' ~ia2~~` gyp{ ~ O ~ ~'"wo~* ~ ~ r p +~'Bh ~ ~ C7 W~ F S ~ rsl~ ~y • ~ 1 i # i W ~ W yy DVS ~it-~.r  4L IL T' i- 1 {1111 i~1~NAT~14M~1 i •M~ t a. r~l Y.u~r' Wn -I'PNF t I IrM~~{~Y1 lkhl fl Hr rid 1 M" EXHIBIT 4 1 2 DRAFT MINUTES 3 PUBLIC UTILITIES BOARD 4 March 9, 2009 5 6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 7 present, the Vice Chair of the Public Utilities Board thereafter convened into a Closed Meeting 8 on Monday, March 9, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 9 Service Center, 901-A Texas Street, Denton, Texas. 10 11 Present: Vice Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson and Bill 12 Grubbs 13 14 Absent: Chair Charldean Newell and Bill Cheek, both excused 15 16 17 OPEN MEETING: 18 19 CONSENT AGENDA: 20 The Public Utilities Board has received background information, staff's recommendations, and 21 has bad an opportunity to raise questions regarding these items prior to consideration. 22 23 1) Consider recommendation of approval of a Lease Agreement with Tetra Point Fuel, LLC. 24 and the City of Denton, Texas regarding an approximate 3.5 acre tract of land situated upon 25 the Solid Waste Department real property that is adjacent to the Denton landfill. 26 27 2) Consider recommendation of approval of a Professional Services Agreement between 28 Chiang, Patel, and Yerby, Inc. (CP&Y) and the City of Denton Solid Waste Department, for 29 CP&Y to provide professional engineering and related services in the amount of not-to- 30 exceed $95,000. 31 32 3) Consider recommendation of approval of a Professional Services Agreement between Risa 33 Fisher and Associates, Inc. and the City of Denton Solid Waste Department to provide for 34 professional services in the development of a "Compost Rebate Plan" in an amount not-to- 35 exceed $6,500. 36 37 Board Member John Baines moved to approve Items 1 through 3 with a second from 38 Board Member Randy Robinson. The motion was approved by a 5-0 vote. 39 AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Utilities Administration ACM: Howard Martin, 8232 SUBJECT Consider approval of aresolution re-appointing Timothy S. Fisher as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional water District; and providing an effective date. The Public Utilities Board Recommends approval (5-0}, BACKGROUND Timothy S Fisher, Assistant Director of Water Utilities, was first appointed to the Board of the Upper Trinity Regional water District (UTRWD} by the Public Utilities Board on April 16, 2001 and by the City Council on May 1, 2001. The Public Utilities Board and the City Council reappointed Mr. Fisher to a second four year term on April 11 and May 3, 2005 respectively. Mr. Fisher's four year term will expire on May 31, 2009 and is eligible to be reappointed to another four year term. During the past two terms, Mr. Fisher has represented the City of Denton on the UTRWD Board of Directors and has served on several committees, including the Water Supply Committees, the Rates and Charges Committee, the Investor awned Utilities Committee and the Watershed Protection Committee. Mr. Fisher is currently one of the four Board officers (Secretary). Mr. Fisher replaced Howard Martin as the City's representative on the UTRWD Board of Directors and has worked with Mr. Martin over the years to keep him apprised of the UTRWD activities and board agenda. Howard has been pleased with Mr. Fisher's performance as Denton's representative on the UTRWD Board of Directors and recommends that he be reappointed to another four-year term. Mr. Fisher has indicated an interest and desire to continue to serve as Denton's representative on the UTRWD Board. PRIOR ACTION AND/OR REVIEW The Public Utilities Board discussed this item at their April 13th meeting. The Board recommends approval (5-0}. Respectfully submitted Howard Martin, ACM Utilities EXHIBITS 1. Resolution 2. Letter from the UTRWD RESOLUTION N0. R2009- A RESOLUTION RE-APPOINTING TIMOTHY S. FISHER AS THE CITY'S REPRESENT- ATIVE TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy S. Fisher ("Fisher"), the Assistant Director of Water Utilities of the City is presently serving as the appointed City of Denton representative to the Board of Directors of the Upper Trinity Regional Water District ("UTRWD"), as well as serving as Secretary of the Board. Fisher is scheduled to complete his term of office, effective May 31, 2009; WHEREAS, Fisher has demonstrated a complete knowledge and history of the water is- suesbrought up by the UTRWD and is likewise involved with the day-to-day activities involving the Water Utility Department of the City of Denton; he has represented the City of Denton, be- fore the UTRWD very well; and the City Council finds that Fisher has met the qualifications of eligibility for appointment to the UTRWD Board; and WHEREAS, after due consideration, the City Council of the City of Denton, Texas re- appoints, as its representative to the UTRWD Board of Directors, Timothy S. Fisher, to serve as the Denton representative on the UTRWD Board of Directors for a term of four (4) years, effec- tive May 31, 2009; and NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: Timothy S. Fisher is hereby re-appointed as the City of Denton's repre- sentative, to serve as a member of the UTRWD Board of Directors, effective May 31, 2009. SECTION 2: The City Manager, or his designee, is hereby directed to transmit a true and correct copy of this Resolution to the Assistant Secretary, UTRWD Board of Directors. SECTION 3: This resolution 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:  I APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY u . a~ e a ~ w ~ i G N M ~ ~ n ` ~ s E4 •.,p p' p" 7 By: i ~r~w~r ~ L,~~~~~i I I~' . ~ ~ Fes: r~~~~ fir. ~ i nt~r~ ~ ~ ~~~t t~l~li~~~~ ~~r~#~r~, Y ~ ~~~~ir~tr~~r~t ~ r ~~~~r M~~: T~~ i~~ ~~nt~n i~ ~n irn ~~r~r~t ~~r ~~~~r T~ r~ i~l ~r ~ i~#ri~t- T~~ ~~~ii ~~~~ir~fi~~i ~1r. r r~ ~i ~r ~f ~ i~r~ ~~~~r T~~ r~i f ~ ~ n it ~ ~~t~int T1~i~ I$it~r i~ ~~#i tit #f~ ~ n~ rant ~r-~~~r ~ ~ ~ r. ~~~~~r mil I ~~~i r~~ n n I~~ ~ ~ , fir. ~i ~ a ~ ~ I i~i~l~ fir r~~~ ~~~~#rn~r~t i ~~~~ii. H~~~r, if t~~ i ~ n f~#r~~~#, #f~~ ~~~~i rYt ~ ~~t ~ ~ ~~li~i ~~t~r~ m~~t r~~ i #I~a ~ #M~~ ~~~~~ri~~ ~~r T~ r~ i#~, ~ m~~ rat ~l~~~ i~i~l, ~r ~r~ ~~~I~~ ~~~th~r ~~~~~r-fit ~ ~i T~ ni . ~ T~~ ~~rd ~ ~ i~r~ ~ ~ r Trio i ir~r~rt~r~# ~~~n~i~il i~~~ fi~ r ~~I~~a~~' ~~n~ ink ~ i~~~~rn~ntir~~ ~~r~~1 ter ~ ~~t~t~r ~~~t~r~~, X11 1 ~rit~~ ~ ~#i~~, ern ~ ~n~ li#i~~ tl~~ ~ r~~ i~r~. T~~ ~ #f~~ ~ i~ ~tr~t~~in ~n~ ~Il~r~~i T~~ Ord ~ i~~ ~~i~r~~l ~ I i ~nt~~r~~~, ire ~~r~~ ~Eth tf~ i niti~~~ t~~ ~1 iii#~ Tl~~r~fna ~~~r ~R~ir~t~~~t ~n~rd ~irt~r~ ~~~~i~ n~r~~l~~ r~i r~~ - i ~r ~r i nt~r~~t III fir r~~i~r~. ~~~r~ ~ ~ ~~~~ir~tm~rrt ~~r n~ ~~~~i~trrr~~~~ i~ ~ ~I~~ I~~ n ~~~~i v ~ ~ r~ ~ r~ ~I~~ t~ ~I~~ ~r~ ~ U~ ~ ~ i~ r rn~~ti n~ ~ ~r Trir~i Erb ~ ~ i i ~ ~r ~I~n~~ T~~ ~~~~l~ ~ ~ ~ ~n ~~~~#i~~, i ~~~I~~ T~~ T~~I~r E~€~#i~r~ ~i~~#~f TET: ~M ~ Tire ~ i ~~~ra ~ ~ ~ m~~r ~ r~~~~l~, i ~~~~r, rte ~~n~~ i ~r~w~r ~ L,~~~~~i I I~' . ~ ~ Fes: r~~~~ fir. ~ i nt~r~ ~ ~ ~~~t t~l~li~~~~ ~~r~#~r~, Y ~ ~~~~ir~tr~~r~t ~ r ~~~~r M~~: T~~ i~~ ~~nt~n i~ ~n irn ~~r~r~t ~~r ~~~~r T~ r~ i~l ~r ~ i~#ri~t- T~~ ~~~ii ~~~~ir~fi~~i ~1r. r r~ ~i ~r ~f ~ i~r~ ~~~~r T~~ r~i f ~ ~ n it ~ ~~t~int T1~i~ I$it~r i~ ~~#i tit #f~ ~ n~ rant ~r-~~~r ~ ~ ~ r. ~~~~~r mil I ~~~i r~~ n n I~~ ~ ~ , fir. ~i ~ a ~ ~ I i~i~l~ fir r~~~ ~~~~#rn~r~t i ~~~~ii. H~~~r, if t~~ i ~ n f~#r~~~#, #f~~ ~~~~i rYt ~ ~~t ~ ~ ~~li~i ~~t~r~ m~~t r~~ i #I~a ~ #M~~ ~~~~~ri~~ ~~r T~ r~ i#~, ~ m~~ rat ~l~~~ i~i~l, ~r ~r~ ~~~I~~ ~~~th~r ~~~~~r-fit ~ ~i T~ ni . ~ T~~ ~~rd ~ ~ i~r~ ~ ~ r Trio i ir~r~rt~r~# ~~~n~i~il i~~~ fi~ r ~~I~~a~~' ~~n~ ink ~ i~~~~rn~ntir~~ ~~r~~1 ter ~ ~~t~t~r ~~~t~r~~, X11 1 ~rit~~ ~ ~#i~~, ern ~ ~n~ li#i~~ tl~~ ~ r~~ i~r~. T~~ ~ #f~~ ~ i~ ~tr~t~~in ~n~ ~Il~r~~i T~~ Ord ~ i~~ ~~i~r~~l ~ I i ~nt~~r~~~, ire ~~r~~ ~Eth tf~ i niti~~~ t~~ ~1 iii#~ Tl~~r~fna ~~~r ~R~ir~t~~~t ~n~rd ~irt~r~ ~~~~i~ n~r~~l~~ r~i r~~ - i ~r ~r i nt~r~~t III fir r~~i~r~. ~~~r~ ~ ~ ~~~~ir~tm~rrt ~~r n~ ~~~~i~trrr~~~~ i~ ~ ~I~~ I~~ n ~~~~i v ~ ~ r~ ~ r~ ~I~~ t~ ~I~~ ~r~ ~ U~ ~ ~ i~ r rn~~ti n~ ~ ~r Trir~i Erb ~ ~ i i ~ ~r ~I~n~~ T~~ ~~~~l~ ~ ~ ~ ~n ~~~~#i~~, i ~~~I~~ T~~ T~~I~r E~€~#i~r~ ~i~~#~f TET: ~M ~ Tire ~ i ~~~ra ~ ~ ~ m~~r ~ r~~~~l~, i ~~~~r, rte ~~n~~ DRAFT MINUTES PUBLIC UTILITIES BOARD April 13, 2009 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was present, the Vice Chair of the Public Utilities Board thereafter convened into a Closed Meeting on Monday, April 13, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, Texas. Present: Vice Chair Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson and Bill Grubbs Ex officio Members: George Campbell, City Manager Howard Martin, ACM, Ut111t1eS Absent: Charldean Newell and John Baines, both excused 5} Consider and recommend approval of a resolution reappointing Timothy S. Fisher as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. ACM Martin stated that Mr. Fisher has served as a member and it is time to reappoint Fisher to serve on that Board. Martin stated that Fisher is currently an officer on the Board. Board Member Randy Robinson moved to approve Item 5 with a second from Board Member Bill Grubbs. The motion was approved by a 5-0 vote. AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Economic Development CM: Geor e C. Cam bell g p SUBJECT Consider adoption of an ordinance approving the adoption of an amendment to that Development Agreement between the City of Denton and Allegiance Hillview, LP dated June 17, 2008; and providing an effective date. BACKGROUND At the March 10, 2009 City Council meeting, the Council approved an amendment to the Allegiance Hillview Chapter 380 (Rayzor Ranch) incentive agreement. The amendment divided the incentive into two phases and extended the required completion date. At that meeting, Council placed a condition on their approval. The developer indicated that the cost of the Highway 380 improvements may exceed the original estimate of $10 million, for which a letter of credit was provided as security. Council requested assurance that the letter of credit would not be reduced at any time to an amount less than what would be necessary to fund the completion of the project. Specific language regarding the process and approval of letter of credit reductions originally appeared in the June 2008 Developer's Agreement for Highway 380 and not the incentive agreement. The attached amendment to the Developer's Agreement provides the language requested by Council to ensure the letter of credit balance will remain sufficient to complete the project. PRIOR ACTION/REVIEW City Council approved the original Developer's Agreement for Highway 380 on June 17, 2008. At their March 10, 2009 meeting, Council directed staff to provide language, as necessary, to ensure the letter of credit balance remain sufficient to complete the project. FISCAL INFORMATION None EXHIBITS Ordinance Amended Agreement Respectfully submitted: r , ~ + 17 a ~ i ~ r` ~ t` Linda Ratliff, Director Economic Development Department -1- ~;IQur Docutnentsl0rdinatices1~91Hwy 3~0 Amd Agr-Allegiance ~illview.~oc ORDYNANCE NO. AN ORDINANCE APPRO~INO THE ADOPTION OF AN AMENDMENT TO THAT DE~EI~OPMEN~" AGREEMENT BETWEEN THE CITE OF DENTON AND ALI~ECxIANCE I~ILLVIEw, LP DATED JUNE 17, ~~~8; AND PROVIDING AN EFFECTIVE DATE. wHEREA, on June 1~, ~~aS, the City Council adapted Ordinance No, ~aaS-13~ which approved a Developers Agreement between the City of Denton and Allegiance far the construction afimprovements to J.S. Hwy. 3Sa the "Agreement"}; and wI~REA, it is in the public interest to authorise the City Manager to approve are amendrr~ent ~"Amendment"} to the Agreement, which Amendment is attached hereto and made part af; NOw, THEREFORE, THE COI~NCIL OF THE CITE OF DENTON HERESY ORDAINS SECTION 1. The recitations in the preamble are true and correct and are incorporated herewith as part of this Ordinance. - SECTYON . The City Manager is hereby authorized to execute an Aendment to the Agreement with Allegiance Hillviev~, T~P, which Amendment is attached hereto and incorporated herein by reference. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or ward this Ordinance, or application thereof to any person ar circumstances is held invalid by any court of competent ~urisdictian, such balding shall not effect the validity of the ren~ai~ning portions of this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have . enacted such remaining portlans despite any ~nval~d~ty, SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Ordinance No. ~~~5-1 shall remain in full farce and effect. SECTION This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 209. . MARK A. BURROI~~H , MAYOR `rti ~:l~ur 1~ocumer~tsl~d~nances1Q91Hwy 380 Amd Agr-Allegiance ~illview.da~ ATTEST. .TEI~NIFER ALTER, ~T ECRETAR API'R~~ED A T LEGAL FOAM; ANIT1~ BUE, CITY ATTORNEY BY: Page ~ ofd  i s,laur dacum~ntsl~~ntractsVO~l~wy 38~ a~leg~a~nce h~l~view amd.doc FAT ANIENDNTENT T~ DL~~14IENT ARE~~NT FAR RAY~R RANCH ~[J.. 3SQ} TATS ~F TEA ~ COUNTY ~F DENTIN ~ THIS FTRT AMENDMENT T~ THAT AGREEMENT made and entered into the 17~' day of .Tune, ~~~8, ~"Base Contract"} by and between the City of Denton, ~ Texas municipal corporation, ~ 15 East McKinney, Denton, Texas 72~ 1, hereinaer referred to as "City" and Allegiance Hillview, L.P., a New York limited partnership acting herein by and through its general partner, TH CAP LLC ~dlb~a TH Denton P LI}C~, hereinafi~er referred to as "Developer," wITNE~ETH ECTT~N 1. section 19, tilted "Conlmencernent of Agreement, h~itil Funding and performance ~and,~' of the Base Contract is hereby amending paragraphs A by deleting the fourth paragraph an page 11 that begins "The City agrees that any funding related ...and replacing with the following paragraph: '"with each payment rr~de by developer for construction under this Agreement, Developer shall have the option to request City's approval of a reduction in the amount obligated by the Construction Fetter of Credit. Each such request shall be accompanied by evidence of Developer's prior payments, together with an updated estimate of future expenditures needed to corriplete all rerriaining construction obligations under the Agreement. C1ty shall have a reasonable t1me, not to exceed thirty ~3 days, in which to review Developer's request and supporting evidence, together with such other evidence that it nay obtain, relating to the cast to complete the constriction obligations, and shall determine its own estimate, in its reasonable discretion, of the remaining casts to complete the construction obligations of Developer far the widening of U.. Highway ~~0 under this .Agreement ~"City's Estimate"~. City may optionally designate one or more of its staff engineers to determine City's Estimate in accordance with this paragraph, without seeping specific Council approval. Thereupon, City may authorize and approve a reduction in the mount obligated by the Constriction Letter of Credit, to an amount deemed sufficient, in City's reasonable discretion, to secure Developer's payments for all remaining construction obligations of Developer under the Agreement, following the procedures specified in the Construction Letter of Credit. The City may optionally delegate authority to the City Manager, or his designee, to authorize and approve such reductions ~n accordance with the terms of this paragraph. Tn no event shall City's approval of ar~y such reductions in the amount secured by the Construction Letter of credit serve to reduce Developer's obligations to fully fund the construction obligations it has under this Agreement. Upon TxD~T approval and acceptance of the completed constriction. for the widening of U.. Highway 8~ under this  Lm s:lo~r docutnents~ontracts1~91hwy ~8~ allegiance hi~Iview atnd.~oc A~eerrient, the pity will release any remaining funds under the onstruct~on Letter of credit and release back to De~elaper the Canstruction Letter of credit." ~~T~~1~ 2~, aye and except as amended hereby, all the rea~nYng sections, paragraphs, sentences, classes, and phrases of the base Contract shall re.ain in full force and effect. IN ~TNE~ ~IEI~~, the City of Denton, Texas has caused this first nendment to h executed on this the day of , 2a~9. Cf~`~ QF D~~T~N B; MAC A. ~~R.R~~H, AYE ATT~T. JEl~N~'~R ALTER, CITY ER~TA~ BY: ~PPRO~D A T~ LE~L F~~: A~rT BLTE YTY ATT~RNE~" BY: ALL~L~CE ~~LL~~~', L.~., A l~ew York Lxl7z~ted Partnership BY: TAI CAP LLC ~dlb~a TH Dentan ~ LLCM, a Delav~are Limited Liability Company, its General Partner rya gage AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - DCA08-0008 (Temporary Uses} Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending the temporary use provisions of Subchapter 12 of the Denton Development Code, including the addition of temporary storage containers and other portable storage units, occasional sales, and farmers markets as temporary uses in Subchapter 12; amending Subchapter 23 of the Denton Development Code to provide definitions for temporary uses, temporary storage containers and other portable storage units, Christmas tree and pumpkin sales, field or construction office, special events and occasional sales; repealing the definition of "Occasional Sales" from section 3 5.76, "Definitions and explanations" 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. (DCA08-0008). The Planning and Zoning Commission recommends approval (6-0}. BACKGROUND During the past year, the City received several complaints from residents regarding shipping containers and other portable storage units located in front yards visible from the street or adjoining properties for long periods of time. During staff's review of these complaints, it was discovered that there are currently no provisions in the DDC governing shipping containers or other portable storage units. Staff is proposing language to be incorporated into 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 uses such as occasional sales or farmer's markets. Therefore, staff is also proposing language that will permit occasional sales and farmer's markets as temporary uses. Recommendation: Subchapter 35.12.9 of the DDC be amended as follows: recommended text additions aye shown In blue and underlined and recommended text deletions aye shown In red with st~lketh~ough. . w~ ' s t ~s s sti ~s t i s s t y sis it iti s. i~ Ii it t y s s i it . t is Revocation. The Building official may revoke a temporary use permit if t s 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 1~c e statute, law, ordinance or regulation; or 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. 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. General Provisions. 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. 4. Neither the granting of a temporary use permit, nor the permittee's compliance with 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. ~ ® i i l i y iti iss e t s it it t t o i ® . ~i~ t' P ~ ~~sr ti i i ~ li ittl lice si ~ s sty, i s err e st s v e t i ist five t y y isi 1 ris iti v t sate to se, ® li t' ~ e . pt f t s iti s i t~ f ' ~ a u~ s s 1i t t i t, it rest y tic 11 s~ i f st t se ts~ i iv t i s e vi i s sitiv e s, is s y s fe it i iet y, s se e t sate t y s, less i s ~;s t y s y t e is t t it ® ty tii is i t e t ~ twit. ® i t s st t it iss e t it i i t ti t . . site. ® t ss~ t si ss,s it to i ® y seas y it tic set ~ it is list i ter i isti is i it ti s. sit ti s t st e tiers t t st its se i i s s t t ti is isti rive y~ to y st ~ t i s ter t st its i t ire s t ® is , s s, t rte s ® to tiviti s s t piv t e t i i is® ss s e i 1 itt i iti y t e i i 1 i 9 P ® e i ss its, i s i is® y' sti i y e t ~ s t o ~ st t is s e a to y s e i vet e s i 1 t ize t it ® s f ti s e ti it t t ses~ e. evi s s e t y t e~ v~ s t visi i it v i s e sti s f t i s s t rte s ty z i t s ~ t t t i s ris to y t to y se i v it i s t sett ity~ Page - 3 i ~ s s it ire is Uses. ® 9 ~ ® r ® i o ® e st t i s t t e st its s t i v s ace t y t to i y t it e~ ire ~i s vei ~ i i t® visi flit ti . ® t ere t to st t i is t s t i i i st t t st t i i si ss t t e i i st t. . t t i s t t e t i e y~ t t xe to f t i i i i it s e f i vie t it t t i to se e it. e' ~ r I y~' ® , ® - ® 111 ill ~ 1`; p~ ~ e~ ~ ® - -y - w ® t t r si s es y t o is s si ti i i t v® t i i it t s v t s, it i it t ys ti t. ® si s si s i is ti t ti t t si s y t xee six s feet i t s si yet t t eisst si s t t s si s to f is s. s si s s t t t s i v e f t s e st ere v it i s t t 1 y f t s. . s si s si s e tt t i y~ i i ~ ~ t t i ite t , i ~ t ~ tiit ' si ~ si y t y to i f tic street i . Events a. Special events 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. i events are limited to the non-residential z i 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 Page - 4 i st ti i s y y v i s t t s i st ti j acts o is its v isle. s t is arty iti is sect t is i s t i t i i t® . i st ti f l s s ire t eat tic st t i i s t® s. . i st ti f l s t s s si s. Temporary Concrete or Asphalt Batching Plants a. Genera 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. 11. 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. 111. 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 sand on top, 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. Page - 5 Vlll. Temporary asphalt batching plants shall be located at least one-half (1/2) mile from any recreational area, school, or residence, or any other structure not occupied or used exclusively by the owner of the property upon which the facility is located. 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 3 0; 7:00 am and 8 :3 0 pm, Monday through Friday October 1 to May 31; 8:00 am and 8:30 pm on Saturdays; and 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; or 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. ® ~ .r li t y eeiv e e it o f s twit t s e l t i it t e 11 i , li it ti s: 1 e ~ ~i ° s, - 7 -s, °f _ " r°i ~ ~4 . , '1. ®~i~ ~~i ~ , p i ~ B .J ® ® t y ex t 3 er its 1 rye it li it ys it 1 t it i esi ti ss i ~ istits. e y st ~ tiers t t st ~ its to it i - si ti 1 z ~i isti t e 1 it 1 rye it li it f l ys 1 t. eti s t t v existi t st tiers ter t 1 st ~ its i t t of tiv to t i i e ill ere ire t t i t s it. ® l~ : xi f l ys l y 1 t. ev t. ®-~j ~ m ~ ~ xi f ys e y rev t. ~ ~ r- - -e,-~ - - - : xi ys 1 rye 1 t. li is i y t ~t i~~ it t y s o t s t if t t sit s xee t ti li it ti t t rye . Page - 6 r' ~ ~ ~ ® ® - T e - Number of Number of Tem orar Use Permitted Zonin Setback Permits da s er p Y g Requirements Allowed per y n. Permit Year Temporary Storage Setback requirements Containers and ether All Zoning Districts by zoning district 3 30 days Portable Storage Units (see Subchapter 5)~ ~ Non-residential Setback requirements Farmers Market Zonin Districts by zoning district 1 180 days g (see Subchapter 5) Christmas Trees and Non-residential Setback requirements Pum kin Sales Zonin Districts by zoning district N/A 30 (per event) p g (see Subchapter 5) occasional Sales Residential Zoning N/A N/A N/A Districts Non-residential Setback requirements 21 da s Special Events by zoning district N/A y Zoning Districts see Subcha ter 5 (per event) ( p ) Field or Construction Setback requirements All Zoning Districts by zoning district ~ ~ ~ ~ ~ ~ office see Subcha ter 5 ( p ) 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 anon-residential zoning district are allowed one (1) permit per 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 3 0 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 those 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 include 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. Special Events: A temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the Denton Development Code. "Special events" include, but are not limited to, outdoor entertainment, educational and cultural events, art shows, sidewalk sales, haunted houses, carnivals, fairs, special auto sales, grand openings, festivals, home exhibitions, and church bazaars. Recommendation: Staff recommends the definition of "Garage Sale" in 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 the definition of "Occasional Sales" in Section 35.76, "Definitions and Explanations" of the Denton Code of Ordinances is hereby repealed. The purpose is to remove redundant and conflicting material. Page - 8 PRIOR ACTION/REVIEW November 5, 2008 Planning and Zoning Commission Work Session November 19, 2008 Planning and Zoning Commission Public Hearing April 7, 2009 City Council Work Session OPTIONS 1. Approve as submitted 2. Approve subj ect to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION 0n 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 Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Prepared by: Ron Menguita, AICP Planning Supervisor Page - 9 EXHIBIT 1 . '1 CHAIRMAN 1NATIC;NS: public hearing 5 G, amendments 'I we have already discussed this at length. Staff is ~ to Subchapter f~ of the Denton Development bode regarding ~ recommending that we add general provisions to what is alread Y 3 storage containers and other portable storage units, 3 existing at the five temporary uses, which are temporary 4 DCA~~$-008, temporary usage. Rory, 4 storage containers and other portable storage units; occasional 5 MR. M~}~GLIITA: food evening, Chairman, members of 5 safes, farmers' marfcet, meeting places, Christmas and pumpkin fi the Camrnission. This zoning code amendment we have heard and G sales and provide provisions far renewal ~ reviewed a number of times in work~essian. And at our fast 7 Temporary storage containers and other portable $ work sessfan we discussed it at length. There are same minor $ storage units are defined as any storage units far the storage 9 changes to what is being proposed as temporary uses. 9 of items on residential property, as well as nonresidential ~0 The list of five that is being brought forward to 1~ uses. They are required to be located on an approved surface, 'I'I you is temporary storage containers and other portable storage 'I'I and not located in any fire lane, required parking spaces, units, farmers' market, Christmas and pumpkin safes, and 1~ maneuvering lane, public right~af-way, or visible triangle 1 ~ occasional sales. The load stands, retail. stands were removed '13 within a visible triangle. They are also to be part of a ~4 .primarily because as we reviewed and discussed it with other. ~4 principal structure. So they cannot be located ors a vacant 'I~ Staff members it was determined that there were other ~5 lot, They have to be part of the principal structure. 1~ permitting processes that these would fall under, Rather than In addition! that the properties that have create conflict, we decided just to leave them out of the ~I?' existing temporary storage containers now that are not to be '18 proposed temporary uses. ~ "I$ used for a long amount of time and are there for temporary uses ~9 The purpose of this code amendment really stems ~ 99 must obtain a tempa.rary use permit. from the code er~forcerrients of numerous co~mpfaints regarding ~0 occasional sales. Cccasronaf safes are dei'Ined as . 2~ these temporary storage containers, These are large containers the sale or offering for sale of tangible personal property to ~2 and they are stored in front of property and not really ~Z the public upon the premises of an existing residential 23 regulated by our code. And that is why we are bringing this 23 dwelling by the owner ar lessee of the residential dwelling for Z4 forward. ~4 a period not to exceed three calendar days in duration, ~5 In flay of this year we went ahead and proposed a 25 Farmers' market, This is one of the changes or 8G 8~ 1 change or an introduction of the defi~nftion of structures, 1 comments that we received in work session. This is my ar ~ ~ which you all recommended for approval. And Council then 2 Staff's recommendation for the definition of farmers' 3 followed up .and approved the definition of structures, o what 3 market, A public market at which farmers sell fresh 4 that meant is these temporary storage containers, if they are 4 agricultural products directly to consumers, Such products ~ meant to stay there for longer than however many ~r~onths, then 5 included, but not limited to, fresh produce, seasonal fruits, ~ they would have to fall under what we refer to as accessory G fresh flowers, art and craft items, bakery goads, and dairy 7 structures, because they will be part of a residential or 7 products, not to include secondhand goads, We are trying not 8 commercial Sa they are considered accessory. 5a they would 8 to get to a swab meet-type, rather a more fanners' market type. 9 have to comply with the accessory structures location and 9 goes this definition meet the Commission°s comment or request, 'I D screening requirements. ~ ~ 0 a question on this definition? Okay. ~'I Nowt part two is what if somebody wants to have 91 Moving an, meeting places is defined as tents, 12 these temporary storage containers for temporary uses, less bleachers, and similar types of facilities intended to be used 1 ~ than 30 days? This is what we are providing you today, And 13 by congregations of people. the recommendation is to have them available for uses a limited ~hrfstmas tree and pumpkin sales encompasses the 'I ~ amount of time, 30 days, and three times per year as outlined ~ 5 sale of healthy, nonhazardous cut or live evergreen trees, '1~ in your backuf~• 'IG wreaths, tree stands, and pumpkins. hermits far temporary 17 1~lhile Staff was reviewing the temporary uses as 'i~ Christmas tree sales are limited to nonresidential districts. ~I$ far as storage containers, we also thought that we would add a ~8 1-astly, included in your packet i know this is 19 list of other uses that could be useful in regulating. That '19 kind of hard to see, This is just a table that lists the ~D includes the occasional safes, farmers' market, meeting places, ~0 temporary uses that are going to be part of the Subc#~apter 1~, and Christmas and pumpkin safes, which did not exist in our ~1 where they are permitted, what setback requirements, the number current code. And that is also being brought forward far your of permits allowed per year, as well as the number of days per ~3 consideration, as well. ~3 permit, ~4 1=ar the benefit of the viewing public, I would ~4 That concludes my presentation. I would be haf~l~y ~5 just go ahead and describe what we are proposing. I know that ~~v to answer any question that you have. Yes, Mr. Eagleton, Plig~~[', fi~SSI~IN hr~]VFruERFR ~a ~nn~ .  wr~.•~I.+YtI■ lug LVVV . r ~t~.... i..} ~..:.~r... _ _ _ Ste. y~ ........:.i'...:.. ...f.r r ~ ~ CDMMISSiCNER ~AGLETON: Yes, Thank you. I was MS, LEADER: Gerry Veeder, ~7~1 Wisteria, And I ~ going to ask the time between the uses that is allowable. It Z would like to enco~rrsge that you pass this, I would like to 3 may be addressed here. 3 speak about the seine storage unit, because it is just down the 4 MR, MENGUiTA: It is, Where are specific ones. 4 street from me. We are indeed a neighborhood, and our 5 Specifically, temporary uses. I believe there is a 30 day I 5 rteighborhaod is kind of a fragile neighbarl~aod area. UVe are a fi am sorry, let me back up real quick. If it is not in the ~ rental property artd we try really to e'17caurage~ everyone to keep T presentation, it probably is included in the back up. Did you ~ up their property. And having this big, industrial, metal . $ have one specific temporary use that you had s question on? Or ~ shipping container that takes up the whole driveway so people 9 is it for all? 9 can't really park there kind of sets a tone for the COMMISSIONER EAGLEf~N; Well, limited to 3D days '~Q neighborhood, 1 ~ or ~8~ days. I'm just even for, like, occasions! sales, if '11 And it really makes me sad to see all the other it is three days. I am just trying to find out where in here ~2 yards there that people are keeping up. They are nicely mowed. '13 it says that you cart da ~it for three days, don't do it fors '13 They have flavuers in the franc yard, And then there is this day, and then do it for three more days right after tfrat. I ~4 thing that really belongs in some kind of industrial storage ~ 1 may be missing that. 1 ~ yard. Sa we have been concerned that it kind of sets a tone MR, CI~NNIN~HAM; Y don't think that was addressed. .that somebody else might say, welly they can do it, we wiif put 1~ ~1R. M~NGUITA: Under Page 4f under uses.. Lets 'f7 one in our yard, So I really would ask you to pass this, ~8 look at No. 5, which is occasional sales, I think that is the. '18 please. ~9 one we want to look at, It says r~o more than three occasional ~9 CHAIRMAN INATKINS: Thank you sa much, Is there ~0 sales may be allowed upon the premises of the residential 20 anyone else here that would fike to speak for ar against this 21 dwelling in a 1~-month periodf limited to one sale every four 2~ item? For or against this item? Then I will close the public 2~ months. So there you go, ~2 hearing, Discu~ssian? questions? 23 ~ COMMISSIONER EAGLETCN: Thank you. ~ ~ 23 C~MMISSIOIVER 5CHAAKE: I have a question related ~4~ CWAIRMAN WATKINS: Any other questions? Sounds ~4 to that, and that is the time line, This will next go to City ~5 good., Ron. This is .a public hearing, Is there anyone here 25 Councilr correct? And then what do we have for our g2 1 that wishes to speak for ar against this matter? 'I implementation schedule? ~ MS, RODMAN: I am Earbara Rodman, ~10~ Azalea ~ MR. CUIVNINGHAM: Okay. That is something I wanted 3 Street. And I am one of those people that about a year ago to address, especially for the two young ladies that came up. 4 started complaining about a temporary storage knit that is 4 Once th~i~ goes to City Council and City Council approves itr ~ actually about the size of a srtrtall bedroom it is not a small ~ 'there shouldn't an expectation that they will be gone the next fi unit sitting in front of a house in a driveway in an area ~ day. What will happen is as the code enforcement officers l where you could riot store your trash bin, your lawnmower 7 drive around, or as we receive complaints, we will go out and $ barbecue. You certainly couldn't build an exter~sian out there. 8 we will then either tell them to remove it, or to come to the 9 You couldn't brir7g in a storage shed probably any place on this 9 office and request a permitF If they come to the office and '~4 residential property the size of this particular unit, which ~a reciuest the permit, then they will be given tike 30 days from 'I'~ ~ ~ apparently is being used far art outdoor claret of some kind, 11 the time that they request the permit. I know that might seem, ~2 merely storage. you know, ~,nfa-ir it had been there all this time. However 13 o I think the .city inspectors, when I called 13 that is the only way that we can legally track them to make '14 ther~r were taken aback. Thep said, oh, year we can da 14 sure that they have exhausted the permitted time that they were ~5 something. And then discovered they couldn't. This one has on the site. 1G been in place now for a year and a half. And Y understand that 'I~ Sor again, I just want to caution you to give. us 1~ other neighborhoods suffer from the same kind of problem. So I ~l some time, to be patient a little bit more. If this gets ~S certainly do appreciate your addressing it. I assume the 'IS approved, it won't be gone the very next day, unless it is 'f9 questiart that was asked before about the space between I "19 voluntarily removedF ~~Q don't have your backup material but it is three times a year ~0 COMMISSIONER SCHAAiCE: Thank you. ~1 ar 3~ days. And I assume it couldn't be three contiguous ~'I MR. DRAKE; I just want to add that the standard 30-day periods but we certainly da appreciate your attention 2~ ordinances would be that an implementation cannot take effect ~3 to this. ~ until I.4 days after City Council takes action to approve it. ~4 CHAYRMAi~ 1NATKIN: Thank you. Is there anyone ~4 Ch1AIRMAN WATKYNS: Any other discussion? Motion? 2~ else that wishes to speak for or against this item? 2~ COMMISSIONER SCMAAKE: Mr. Chairman, I would like P[1R~ tr. fiFfi~l(~~I ~tn~~t=t~a~a ~o ~nr~~  . t r~vv~v~• •~Y >•h~l~lY./VIR FVj LV VV .n~. ,r 1yi , _~L....7Kr«'.kii:w?~'~Y-~,~d~i}o~ed-ry~'~''C Z+h.r. r:.tkit-i4',r.~. ~ _ - ii::-.:~~.~ . , n .....n..~~k: ~ R' .-4~i1~ 'f to move for approval. ~ ~ CHAIRMAN UVATKIN~S~ Motion to approve, ~ 3 CQMMISSI~NER EA~G~ET~I~: Second 3 . 4 CHAIRMAN 1NATI~INS; Mr: Eagleton seconds. Pieae 4 5 vote on tie board. Six to zero in favor of sending it to tie .5 fi Cour~cii ~o~ approval. ~ . .r ~ 7 . s ~ ~ ~ ~o . ~ ~ ~ ~ ~ ~ ~ ~o ~ ~ . ~4 ~4 ~5 ~5 96 ~ ~ ~ ~ ~ 3 4 ~ 5 ~ ~ ~ ? ~ 8 9 g '~D ~D 1~ ~3 ~3 14 1B ~7 ~l ~S ~g . ~9 ~9 ~0 10 21 2~ 22 23 ~3 24 ~4 PUBLIC S~SSICN ~ Ai~VFM~3~R Tg ~ ~ .  ask'" J~ EXHIBIT 2 s:lou~ ~ocurr3en~l~~dina~cesl0~ldca~8-0~~8.doc ~RDINAN~P~ N~. ~ ~DINANP1 ~F THE ITS" ~F DENTIN, TP1~.A, Al1~NDIN~ TIC TEl1~P0I~ARY USE POVI~~N ~F ~C]BHAPTE~ I2 ~F THE DENTIN DE~EL~Pl1~ENT C~DEx INLUDJN THE ADD~TI~N ~F TEMPORARY TDRAE ~NTAINER AND DTITE~ POTABLE TRACE IT, OC.AI~NAL ALE, .AND FARMERS MARKETS A TEMP~RAR~ LIES IN TJBC~IAPTER l~; AMENDING SUBCHAPTER 23 ~F THE DENTIN DEVEL~PNIENT ODE T PROV~rDE DEFINITIONS FAR TE.IVIP~RAR USES, TEMPORARY ST~RAC~E ~TAYNERS AND OTHER PORTABLE T~RAE tJ~ITS IISTI~IAS TREE AND PUMPKIN SALES, FIEF ~ONTRU~TION ~FFIE, SPECIAL EVENTS AND ~ASIONAL SALES; REPEALING THE DEFINITION ~F "~CASI~NAL SALES" FROM SI~TIGN 3.7~, "DEFYNITIONS AND EXPLAN.ATI~NS" GF THIS DENTGN GDE GF ORDINANOES; AND PR~VII~IN FAR A PENALTY IN THE 1VC ANIGUNT F ~,OOa.~O FAR VIOLATIONS THEE~F, SEVEIABILIT,Y AND AN EFFI~TI~E DATE. ~D~A~S ~ V ~~l} . WHEREAS, pursuant to ordinance No. ~~0~-~44 the pity ounc1l of tha pity of Denton, Teas adopted the Denton Develap~.ent Code the "Development bode" and HE~EAS, after providing notice and aver conducting a public hearing as required by law, the Planning and 2on~ng Oonlmission recommended approval ofcertain changes to Subchapters I2 and 23 of the Denton Development Oode. WHEREAS, aher p~ovldin notice and after c~ndl~C~.n ~ pub~xc hea~i~ re~ulred by lam, the pity council finds that the sub j ect changes to the Devel~pn~ent bode axe consltent ~a.th the Con~prehenslve Plan and are in e public interest; NG, THEREFGRE, THE OUNIL OF TIE ITS' OF DE~VTON HERBY GRDAINS; S~T~~N 1. The findings and recita~~ons cantained in the preamble of this ordinance are incorporated herein by reference as true. SECTIGN Z. Subchapters I2 ar~d 2~ are amended to reflect the changes outlined in Exhibit "A.", attached and incorporated fully heroin by reference; all provisions not changed herein toremain s ~varitten. SECTION 3. Any person violating any provision afthis ordinance shall, upon. conviction, be fined a sung not exceeding 2,~~O.~a. Each day that a provision of this ordinance is violated sha11 constitute a separate and distinct offense. SECTY~N 4. If any provision of this ordinance or the application thereof to any person ar c~rcurnstance is held invalid by any court, such invalidity shall not affect the validity of other provisions ar applications, and to this end the provisions of this ordinance are severable,  1 s:lour docum~nt~lardina~c~s1~91~ca08-D~OS.~oc x ET~~N 5. This ordinance shall become effective fourteen ~ ~ 4} days from the date of its passage, and the City Secretary is here~~ directed to cause the caption of this ordinance to h~e ~ub~ished twice in the Denton Record-hronic~e, a daily newspaper published in the its ofDenton, Texas, v~ithin ten { ~ dais of the date of zts passage. p~SSED A APPRDE~ this the ~ day of 2~~9. ~f ~Yiti~V~iiii ii i i ATTEST, ~ENN~'ER SALTERS, C~T~ SER~TARY APPROVED A L~"~'0 ANIT~. S, IT ATT~1~Y . 1 P~. - 2  i s:l~ur ~acumen~lordit~ances14~1dca~08~04U8.dac EXHIBIT A Subchapter 3.12.9, of the x vended to read as follows: A. ~urpase The purpose vft.s subsection is to allow certain uses on a temporary basis with conditions, The building f~icial may permit temporary uses in accordance with Table 5.1 of this code. B* Rvaca~ian. The Building official may revoke a temporary use permit if it is detern~~ned that: 1. The applicant has rriisrepresented any material fact on his or her application, or supporting materials; The temporary use fails ar ceases to comply with applicable standards ar criteria far issuance of a permit; . The operation of the temporary use violates any applicable statute, lair, ordinance or regulation; or 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, . ~andi~ians, The Building Official may prescribe reasonable conditions upon a ~terriporary use permit to protect the public health, safety and general. ~relfare of the community, with particular attention to areas pro~zn~ately located to the permitted temporary use. such conditions inay include specific performance standards, noise mitigation .ensures, lighting restrictions, restrictions on hours of operation, odor control measures, off street paring requirements, traffic restrictions, and other standards designed to rriini~.i~e adverse impacts . on surrounding areas. D. general Provisions. 1. ~Upan expiration or revocation ofa temporary use permit, the applicant shall clean the site. of ail debris, ~rhether generated by the temporary use or not. Neither the granting of a temporary use pern~t, nor the permlttee's compliance with its terms, shall constitute a defense to prosecution under any lam or ardinanoe, other than. as stated in this subsection. A temporary use pennit serves only to conditionally permit the temporary use ofproperty, pro~rided that the pern~ittee strictly complies v~ith all permit requirerrients and restrictions. 3. The Building ~fficlal may condition issuance of n ten~parary use per~nlt upon either or both of the following: a. applicant's demonstration of full coinpllance with all applicable pei~nittxng, licensing, surety, insurance and performance standards of any governmental, administrative or regulatory body exercising ~urisdictxan over the requested temporary use; and Page - ' s:lo~ur dacu~nentslor~ina~cesl0~l~ca~8-0048.~oc o- b, applicant's pasting of bonds or other securities in an amount, and of a type, reasonably sufficient to ren~ediate, repair and restore any public lands, infrastructure, or easements, yr any public ar private ~.oodplains or envlron~nentally sensitive area, which could foreseeably suffer damage, directly or indirectly, a consequence ofthe requested temporary use, regardless ofwhether such damages are actually caused by the applicant or by third-party partrclpants in the te~.parary actlv~ty. 4. The applicant shall past the pern~.it issued by the pity in a prominent location an the site. . All temporary uses, except occasional sales; shall comply with the following: a. Temporary uses shall con~pl~ with applicable setbacl~ requirements listed in Subchapter 5, ~on~n Districts and L1n~ltat~ons. In situations where temporary storage containers and other portable storage units are used far 1oad~ng and unloading purposes and the only placement location i on an existing driveway, temporary storage containers aza.d other portable storage units may encroach into a required setbacl~; b. Display, sales, and other temporary use-related actl~lt~es shall be conducted on private property and not on public land or rightsyo way unless specifically permitted ~n writing by the Bu1ld~ng ~~`fzclal; c. vehicular access points, public roads and rights-off ways and pedestrian or bicycle paths shall not be damaged or obstructed Public roads may be clvscd for a temporary special event where specifically authorized by the pity council; d, fours of operation sha11 be compatible with the adjacent land uses; e. Devices shall be of a temporary nature, .avable, and shall not blocl~ visibility for vehicles ar pedestrians an or off the lot so s to create a safety hazard; f. The applicant shall guarantee that all trash and debris generated by the temporary use will be removed within ~4 hours at no expense to the C1ty, and , Signs shall comply with all bode requirements. uses. 1. Temporary Storage Containers aid ~t~er Portable Storage U~lts a. Temporary storage containers and other portable storage units shall be located on n in~praved surface, but may r~vt be located in any part of a fire bane, required paring space, maneuvering lane, public riht~of way, or visibility triangle. b. The property where the temporary storage container is located shall contain a principal structure and the storage container will be considered an accessary to the principal structure. c. Storage containers that are located in a rear yard, that are exempted frorri obtaining a building permit, and are screened from public view are not required to obtain a temporary use perlnlt. farmer's Market . Cb.ristmas Tree and Pumpkin Sales Page - 4 i  .i k s:lour docurr~ent~lordinancesl~~ldcaOS-OQ48.doc DCCaSi~~a~ a. No mare 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. ~ccasianal sale signs indicating the loca~t~cn and date ofthe occasional sale may not exceed six square feet in area.. No more than one such sign may be lacated upon the premises ofthe occasional sale, and na mare than three such signs maybe located off premises. No such signs nlay be set out mare than hours in advance of the sale and all must be removed within ~4 hours after the #inal day of the sale. c. No such occasional sale signs may be attached to any public property, including, but not limited ta, any light polo, ut~~ity pole, signal pale, sign pale, nor may fey be placed or lacated upon any median of any public street, raa~d or highway. 5. peril Fver~ts a. Permitting decisions shall be .ae without regard to the content afprotected speech. b. Permit criteria. The Building official nay grant a temporary use permit if the applicant demonstrates that the temporary use will corriply with all applicable laws, ordinances and regulatrons. Field or Construction office a, Field or construction offices n~~y only be approved for licensed contractors working on construction projects far which permits have been issued. They shall be located on the same property and within the same proj ect area where the work i being lane and shall not encroach rota any public right~of way. Field construction or af`fi.ce shall be required to meet all applicable state and local building and setup codes. b. Field ar construction offices nay not be used as residences. 7. Temporary o~ncrete or Asphalt Hatching ~lnts a, Cenera~l requirements. i. Applicants for a permit to operate a ternparary concrete or asphalt botching must submit a letter from the Texas Cainmission on Fnvirar~mental duality ~TCE} indicating that the proposed facility is exempt frain the permitting procedures under the standard exemption, as adapted aid amended from tune to time. ii. All stockpiles shall be sprinkled with water or dust suppressant chemicals, or bath, as necessary to achieve maximum control ofdust einissians. The stockpile sprinkler system shall be operable at all tunes. iii, The facility shall be apera~ed in manner which eliminates unnecessary dust, noise and odor including, with limitatzan, covering trucks, hoppers and chutes, . loading and unloading devices, nixing operation and maintaining d~.veways and parking areas free of dusty, iv. The facility must produce concrete ar asphalt far the specific subdivision or pro j ect site upau. which it is lacated, and may not produce concrete ar asphalt for any other unrelated subdivision or project. Page - 5  Lm ` ~:l~ur ~ocument~lordi~ances1091dca08-0~~8.dac ~ . . Christmas Tree and P~p~in dales; aximu~ ofa days per calendar yearper event. 4. special ~~e~.s; ax~rnurn of Z1 days per eXendar year per event. . A~1 other uses not specifically addressed: Maximum of 3~ days per calendar year per lot. Applicants nay nvt o~ta~n a pe~~t far a temporary use for the sate lot lfthat site has exceeded the time l~~nitatron for that calendar year. i Page-7  i s:l~ux ~ocumer~~l~r~~ances1~91~~~~8-OOOS.~~c T`ab~e ~.1~.9 Tem ora ~J~es - _ - _ _ _ - . ~ back ~P` _ ~~i.,n..,~.. , e~ a~ . , s~e: ~ Pew _ _ . f.. . . - . Temporary tarage setback requi~ren~ents containers and ether All ~onxn Districts bar zoning district see ~ ~0 days Portable storage knits subchapter 5}~~ Non-residential setback requirements Farmers 1Vlarket Zonin Districts by zoning d~stnct see 1 180 days ~ subchapter 5 ~ . ~hristrnas Trees and fan-re~identiai setback re~uire~nents Pum lrin dales ~anin Districts by zanmg distnct {see NIA 0 der event} ~ ubcha ter 5 ~ ~ r ~ccasianal dales Residential caning NIA Distncts NIA NIA Nan-residential setback requirements ~ ~ pec~al Events b zan~n distract see NIA days ~on~, Districts ~ ~ er event ubcha ter 5 } P } Field or Construction setback requirements All ~anmg Districts ~y zoning district see Office subchapter 5~ Tema ancrete or setback requirements ~ ~ All ~anmg Districts by zan~n district see 3 ~0 Asphalt Hatching Plant g ~ Subchapter 5 } * Ten~paarary storage containers and other portable ~tarage units located v~ithin a nonresidential zoning . district are allowed vne ~ 1 }permit per calendar year, with a limit of 180 days per lot. Ternparary storage containers and other portable storage units may encroach into a required etbacl~. ~`*'~Field ar construction offices may be approved na sooner than 0 days prior to the start of construction and shall be ren~aved .thin 30 days aver cornpletion ofthe ~rork for v~hich the construction permit has been 1~s~1ed. Page - 8  i :lour documen~lordinanc~sl~~ldca~Sy~~48.dac subchapter S.Z., of the DDS is amended to add ar replace the following definitions: Temporary uses: Temporary uses are defined as thaw activlt~es per~tted and described Section Temporary Storage 'onta~ners and ether Portable Starae Units: Temporary storage containers and other portable storage units used forth.e storage of items an a property excluding use for storing equipment during ~nulti~fan~ily dwelling anal non-residential alterations and construction pro~ects~, Christmas Tree and Puuapkin Sales: Christamas tree and pun~p~.n, sales include the sale of healthy, nonhazardous, cut or live evergreen trees, wreaths, tree stands and pumpkins. Permits for temporary Christmas tree and pun~pl~in sales are limited to the non-residential districts. ~ierd ar ~onstructian office: A temporary rnadular building located at a cor~struetion site which serves only as an office until the given construction word is co~npleted~ Special events: A temporary outdoor use on private property that extends beyond the normal uses and standards allowed by the Denton Development Code. "Special events" include, bu.t are not lii~~ted to, outdoor entertainment, educational and cultural events, art shows, sidewalk sales, haunted houses, carnivals, fairs, special auto sales, grand openings, festivals, borne exhibitions, and church bazaars, Subchapter ~.~3.~. of the DDS is ameuded to delete in its entirety the definition of "ar~~e Sale" and to add the definition of `~~cca~ianal Sales" as follows; occasional Saes; occasional sales are the sale, or offe~.ng 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 dwe~lin.. Such sales commonly include garage or yard sales. The definition of "~cca~ional Sales" iq Section 5,7G, "Definitions and E~plations" of the Denton Bode of Ordinances is hereby repealed. Page - 9 AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - Z09-0001 (Andrus Project) Hold a public hearing and consider adopting an ordinance of the City of Denton, Texas, providing for a zoning change of approximately 0.847 acres of land 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. The subject site is located at the northeast corner of Bonnie Brae Street and Panhandle Street. (Z09-0001) The Planning and Zoning Commission recommends approval (6- 1). BACKGROUND According to the applicant, Larry Reichhart, the purpose of the zoning change request is to allow for a medical office use on the subject property. The applicant has submitted anon-binding site plan depicting a medical office to illustrate a potential development scenario on the site (see Exhibit 7). Mr. Reichhart is also proposing that his request be further restricted by an overlay district containing the following restrictions and conditions: ■ Medical office building only ■ Limited to one-stogy ■ Open only dining ~egula~ business hours of a medical office (7:00 am to 7: 00 pm) ■ Maximum Lot Coverage shall be 70% ■ Minimum Landscape Area shall be 30% ■ Minimum Percent Tree Canopy Coverage shall be 50% ■ Maximum Building I-Ieight shall be 40 feet ■ Minimum 15 feet landscape buffer to the west ■ Minimum 15 feet landscape buffer to the north and south ■ Maximum 8, 000 square foot building ■ Building design shall match adjacent residential design ■ Building design shall incorporate architectural elements, such as awnings, extended overhangs, columns or shutters ■ Building design shall incorporate alternating goof plate heights ■ Building design shall incorporate a minimum 10% window area on Bonnie Brae and Panhandle ■ Building design shall Incorporate double insulated windows with thermal break and no mirrored glass ■ Maximum 10:12 roof slope ■ The roofing material of the building shall be a 30 year minimum composite shingle ■ Building design shall incorporate doors facing Bonnie Brae and Panhandle ■ Building design shall incorporate I Do% masonry brick, stone, o~ combination of both ■ Maximum two (2) color' paint exter'ior' color' scheme ■ All mechanical roof venting equipment shall be located to the r'ear' of the building Pursuant to Section 35.52.2 of the Denton Development Code (DDC), Professional Services and offices are not permitted in the City's NR-3 zoning district. However, Professional Services and offices are permitted in the NRMU zoning district. As defined by the DDC, Professional Services and offices include medical offices. 0n June 18, 2008 and February 24, 2009, the applicant facilitated neighborhood meetings. Staff attended the second meeting at which four (4) property owners were present. The main issues discussed at the meeting were increased vehicle traffic along Panhandle Street; future commercial development encroachment onto adjacent properties; decrease of property values; and the amount of existing medical offices already within the surrounding area. The Planning Department sent out eleven (11) notices of the Planning and Zoning Commission public hearing to property owners within 200 feet and thirty-three (33) courtesy notices to residents within 500 feet of the subject site. Public notification information is provided in Exhibit 6. As of this writing, staff has received four (4) responses from property owners within 200 feet of the subject site. one property owner is in favor while the other three property owners are in opposition. This opposition represents 18 percent of the land area within 200 feet of the Slte. PRIOR ACTION/REVIEW March 25, 2009 Planning and Zoning Commission Public Hearing OPTIONS 1. Approve as submitted 2. Approve subj ect to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION 0n March 25, 2009, the Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed zoning change (6-1) subject to the restrictions and conditions in the proposed overlay district as stated in Exhibit 11. The Development Review Committee recommends denial of this zoning change request. EXHIBITS 1. Staff Analysis 2. Location Map 3. Future Land Use Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Notification Information 7. Proposed Non-Binding Site Plan 8. Letter From Applicant 9. Responses to Public Hearing Notice 10. March 25, 2009 Planning and Zoning Commission Minutes 11.Ordinance Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Prepared by: Ron Menguita, AICP Planning Supervisor EXHIBIT 1 PLANNING & DEVELOPMENT STAFFANALYSIS CASE NO.: Z09-0001 DATE TO BE CONSIDERED: April 21, 2009 LOCATION: Northeast corner of Bonnie Brae and Panhandle Street APPLICANT: Larry Reichhart 2405 Mustang Drive Grapevine, TX 76051 OWNER: 4a Properties Ltd. 300 Cove Drive Shady Shores, TX 76208 REQUEST: Consider adopting an ordinance of the City of Denton, Texas, providing for a rezoning of approximately 0.847 acres of land from Neighborhood Residential 3 (NR-3) zoning classification and use designation to a Neighborhood Residential Mixed Use (NRMU} zoning classification and use designation, with a Mixed Use residential Protection overlay designation. RECOMMENDATION: The Planning and Zoning Commission conducted a public hearing and recommended approval of the proposed zoning change (6-1) subject to the restrictions and conditions in the proposed overlay district as stated in Exhibit 11. The Development Review Committee recommends denial of this zoning change request. COMPREHENSIVE The subject site is located within an Existing Land Use/Infill PLAN DESIGNATION: Compatibility future land use designation. SITE AND The site is currently undeveloped. The site is located at the SURROUNDINGS: southwestern border of Parkview Addition, a residential subdivision of 91 single-family lots averaging 18,000 square feet in size. North: Neighborhood Residential 3 (NR-3) -residential subdivision South: Neighborhood Residential 3 (NR-3) -residential subdivision East: Neighborhood Residential 3 (NR-3) -residential subdivision West: Neighborhood Residential Mixed Use (NRMU} -undeveloped (Rayzor Ranch} BACKGROUND Pursuant to Section 35.52.2 of the Denton Development Code INFORMATION: (DDC), Professional Services and offices are not permitted in the current NR-3 zoning district. However, Professional Services and offices are permitted in the NRMU zoning district. As defined by the DDC, Professional Services and offices include medical offices. According to the Applicant, the purpose of the rezoning request to NRMU is to allow a medical office on the subject property. A proposed non-binding site plan submitted by the Applicant is presented in Exhibit 7. This is the second rezoning request for the subject property. In August 2004, the Planning and Zoning Commission considered a similar rezoning request for the approximately 0.44 acre of land (the southern tract), from Neighborhood Residential 3 (NR-3) to a Neighborhood Residential Mixed Use (NRMU), with an overlay district. The proposed overlay restricted the permitted uses to only professional services and offices. The applicant's intent was to build a doctor's office on the subject property. The Planning and Zoning Commission recommended denial of the proposed zoning change. The applicant later withdrew the request. ANALYSIS: Comprehensive Plan The subject site is located within an Existing Land Use/Infill Analysis: Compatibility future land use designation. Existing Land Use/Infill Compatibility is described in the Denton Plan as: "Within established residential areas, new development should respond to existing development with compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service, and commercial land uses is allowed." The proposed NRMU rezoning is considered to be inconsistent with the goals and objectives of the Existing Land Use/Infill Compatibility standards as it would allow commercial use that would change the land use pattern of the established single-family detached residential subdivision. In addition, the Denton Plan states the following: Primary Commercial Land-Use Principle "One of the overall goals of the land use plan is to limit the amount of strip commercial development along Denton's arterial streets, collectors, and highways." ~r~anization of Commercial Land Use Goals "To provide for reasonable amounts and distribution of various types of commercial land use in attractive and well-located settings." "To provide for commercial activities in planned activity or neighborhood centers, rather than on scattered sites or highway strips." organization of Commercial Land Use Strategies "Commercial activity or neighborhood centers are the preferred location for retail, commercial, and community services and encroachment of these uses into other areas is discouraged." "Service-commercial establishments locate in appropriate activity centers, rather than at haphazardly chosen locations that contribute to the formation of strip or spot commercial development." Staff finds that the proposed NRMU rezoning is inconsistent with all of the above goals and objectives. It is staff's determination that the location of the proposed NRMU rezoning is not in a well located setting as it would intrude into an existing single-family detached residential dwelling. Furthermore, the subject site is not within a planned activity or neighborhood center. Development The following tables identify the permitted uses in the NR-3 and Code/Zoning Analysis NRMU zoning districts: Agricultural P P Live Stock L(7) L(7) Single Family Dwellings P N Accessory Dwelling Units SUP N L(1) Attached Single Family Dwelling SUP L(40) Dwellings Above Business N P LivelWork Units N P Community Homes for the P P Disabled Group Homes N SUP Multi-family Dwellings N SUP L(4) P= Permitted, N= Not Permitted, S= Specific Use Permit Home Occupation P P Hotels N P Bed and Breakfast N P Retail Sales and Service N L(17) Restaurant or Private Club N L(11) Drive-through Facility N SUP Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP Laundry Facilities N P Outdoor Recreation P SUP Administrative or Research N L(14) Facilities Broadcasting of Production N L(14) Studio Temporary Uses L(38) L(38) P= Permitted, N= Not Permitted, S= Specific Use Permit ~ ~ Bakeries N L(21) Veterinary Clinics N P Gas Wells SUP SUP L(27) L(27) P= Permitted, N= Not Permitted, S= Specific Use Permit Basic Utilities L(25) L(25) Community Service N P Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and SUP P Lodges Business /Trade School N L(14) Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School P P High School N SUP Elderly Housing N P Medical Centers N P P= Permitted, N= Not Permitted, S= Specific Use Permit The following are general regulations for NR-3 and NRMU: ~ Minimum lot area (square feet) 10,000* 2,500 Minimum lot width 60 feet * 20 feet Minimum lot depth 80 feet * 50 feet Minimum front yard setback 15 feet * None L(2} Minimum side yard 6 feet * 6 feet Minimum side yard adjacent to a street 10 feet * None Minimum rear yard 10 feet * None Minimum density, dwelling units per acre 3.5 30 Minimum side yard for non-attached 6 feet 12 building Maximum lot coverage 50% 80% Minimum landscaped area 50% 20% Maximum building height 40 feet 65 feet 10 feet 20 feet plus 1 plus 1 foot for foot for Minimum yard when abutting asingle- each each family use or district foot of foot of building building height height above above 20 feet 20 feet ~ The following limits apply to subdivision of 2 acres or less. ~ ~ The following limits apply to subdivisions of more than 2 acres in lieu of minimum lot size and dimension requirements. L(1) =Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2~ The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements 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 gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(4) =Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005 -224; or 5. If allowed by a City Council approved neighborhood (small area} plan. L(7) =Limited to two (2) animals on parcels one (1) to three (3} acres in size. Additional animals maybe added at a rate of one per each acre over three. L(H) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) =Uses are limited to no more than 10,000 square feet of gross floor area. L(17) =Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores maybe larger with approval of an SUP. L(21) =Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) =Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. L (38) =Must meet the requirements of Section 35.12.9. General regulations for the proposed NRMU zoning district permit more intense development when compared with the existing NR-3 zoning district. The maximum lot coverage in the NRMU district is 80 percent compared to 50 percent in the NR-3 district. In addition, the maximum building height in the NRMU district is 65 feet compared to 40 feet in the NR-3 district. Future development for land located within both NRMU and NR-3 zoning districts are subject to the site design and landscaping standards in Section 35.13 of the DDC. The minimum landscape area for NRMU is 20 percent while the minimum landscape area for NR-3 is 50 percent. The minimum tree canopy coverage for NRMU is 40 percent while the minimum tree canopy coverage for NR-3 is 50 percent. As stated above, the applicant requested consideration of an overlay district in conjunction with his rezoning case. Overlay Districts within the DDC must either meet the Mixed Use Residential Protection Overlay (Section 35.5.2.4) requirements or those as described in Subchapter 7. It is staff's position that the applicant's proposed overlay district does not meet the intent of Section 35.5.2.4 of the DDC nor does it meet the intent of overlay districts as defined in Subchapter 7 of the DDC. Pursuant to Section 35.5.2.4 of the DDC, a Mixed Use Residential Protection Overlay District may be included for consideration as part of a zoning change request as follows: "where necessary to address the concerns of owners of existing adjacent residential uses that a proposed non-residential or multi- family mixed use allowed by this Subchapter is incompatible, the applicant may consent to the imposition of increased setback, landscaping, screening or buffer requirements along the borders of such existing residential uses, or to the imposition of additional use or performance-based restrictions upon the proposed use. Such additional modifications or restrictions shall, upon approval, amend the underlying zoning classification and use designation to add these supplemental requirements. The Mixed Use Residential Protection Overlay may be established through the Zoning Amendment Procedure, either as a separate zoning case, or in conjunction with an amendment of the underlying mixed use zoning classification." This Section is not applicable to development of a single use located on an isolated lot within an established residential subdivision as proposed by the applicant. Subchapter 7 of the DDC states that overlay district's "should be established to protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside such special districts. Examples of existing overlay districts in the City include the Fry Street Overlay District and the Unicorn Lake Overlay District. Again, this type of overlay is not applicable to a single use on a single lot. DEPARTMENT AND The Development Review Committee reviewed the rezoning request AGENCY REVIEW: and provided comments and general information. The applicant has addressed all comments provided by the Development Review Committee. FINDINGS: Pursuant to Section 35.3.4.B. a zoning amendment shall be issued only when the following standards are met: 1. The following zoning change conforms to the Future Land Use element of the Denton Plan. Staff finds that the proposed NRMU rezoning is inconsistent with the Future Land Use element of the Denton Plan because it would allow a commercial use that would change the character of an established residential single-family detached subdivision. In addition, the proposed NRMU rezoning is inconsistent with statements in the Denton Plan regarding location. The proposed NRMU rezoning is not in a well located setting and is not located in a planned activity or neighborhood center. 2. The proposed zoning change facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Staff finds that the proposed rezoning will facilitate adequate provision of transportation, water, sewers, other public requirements and public convenience. Bonnie Brae is classified as a Secondary Arterial. All rights-of way (ROVV) dedication for Bonnie Brae will be dedicated from the west. Panhandle Street is considered a Collector which will require ROVV dedication and an eight (8) foot sidewalk along the frontage. All ROW dedication for Panhandle Street will be provided by the applicant. water service is provided from Panhandle Street from a 12-inch waterline. Lastly, sanitary sewer service is provided on Bonnie Brae from a 6-inch sewer line. EXHIBIT 2 ~~9-a4~~ ~r~dr~ Pr~j~~t Loc;~tic~n I~~~r~ F. w _ . ~ . U.~ . _ . _ _1 fill (u ~ ~ ~ N f" li l' u~:~ J ~ i ~t v~ ~ i 'i f'ANh-t,~NL1L I ~ r i w ~L ~ ! C~ `~CfZI~'~rl.Jfi~i~~ i rs~ ti(~115TGN ~~O1.1 ~TE~N _..._~~___e .~_._..._m:~ .___.___._M..._.. __:.:w s ~ _ ~ EXHIBIT 3 Z~9~-~~C~1 Ar~dr~~s ~ro~ect ~'~~t~ir La~~c~ ~s~ Map e~ ~~E~v~f:~l~T ~.ra d~ ~~~a LINC~EN~ ~ ..a i i I~~i~h~~rh~~~~i ~r7tr ~xitr7~ ~.ar~~c~ ~s~ ~IJ~J~T SITE _J N7.~~f~fAN~LC i ~ I, c~ w z I! ~ I I Z Dc~wr7t~avn ~w~iv~rity ~c~re ~ ~xst~~~ ~ar~d use a ~t~~~;~~~a~ - ~.=t EXHIBIT 4 ~q~-~~~1 Andrus Proj~t ~o~~~in~ Mai m_.,_~,. ~ rw _ r _ _ ~ _ _ a ~I i i i cr ~cw ~t: ~e ~ NR(~~ U} ~I i_.B~i()1:.N ~ I ~ LU ~ ~ I I i l ~VUJi,~ ~I I ~ ~ U' ~ N~~~ 1 i I i I ~C~_~ j N~-3 i i i i ~ CC~CJ S~#~1('~lJ{~C tS~ ~ U N~)~J~TC~hI ~ j !~t)U~TC~~1 I EXHIBIT 5 ~(~9-001 anc~rus Pr~jc~t pra~c~~e~ Zc~r~r~c~ M~~ . _ ~ . _ _ ~ n mm ..m e_ ~ ew. wo.. u~ ~ a.m. . ~ ~ ~_.w ~ o i ~ ~ c,~~ ~ :~c; E~ ~J ~ N~MU LIIVL~:~ ~ ~ ....e 5~,)~1E~~' 5K~7~ ~ , v; N~~:~ I ~C(~-C~ a ~ NR-:~ ~~'CWI~ S(:f~E~'Tl1~E' G~ Z C)C~~ %n ~~a~~~r~~r~ ~ ~~ats~T~~~~ _ _ _ l EXHIBIT 6 ~~9-D~Q1 Angus Pr~j~ct Notilickio~~ I~nf~r~~~ti~r~ M~~ f i 0(~ FC}flT ~U'~~~~ ~.J~c~~ r~ ~ ~ ~ _ ~ ; i F~t~l` ~U~~E~ ~ry yy~ 433 ~~'`~u~~l1f~~ i 1 J Public Notification Date: 3/13/09 200' Legal Notices* sent via Certified Mail: 11 ~ ~ F 500' Courtesy Notices sent via Regular Mail: 33 ' Number of responses to 200' Legal Notice ■ In Opposition: 3 ■ In Favor: 1 ■ Neutral: 0 Percent of land within 200' in opposition: less than 20 EXHIBIT 7 PROPOSED NON-BINDING SITE PLAN ~ e rr p -i~,, ' i ~ ``W r r ~ tax 3 " i . "r~~~._ ~ L._ .~......~......~......~......~......~..w...~...w..~..w..~..w..~..w..~..w..~..w..~..w..~~~. f h' 4. a # ~ II O ~ , 1 ~ ~ ~ ~ a.., ,w. .w_. w, {r j S ~ ~ ~~W~~ `.1. ~,~r ~ , y r 1 ~ r . ~ti a, . ~ ~ :n~~ r F, 9i ~ q 9 a * F ......,.«....,~r........_...o...».._..`.~..~..i..~4.w..w.,.o...w.w_.-..-._ Fem.. 7 ~ i k ~ , . ~ , ~ , , M,'~ z~.~~..~, , , ~ I _ 1~ ~ a4 ~~w 1'%~~:Ei ~ 7':~ fly rx~-i~~ .l~.~ ' ~ , ~ i ~ ~ i ~ 91 r ' I 4; ~ ~ y ~ r lY('.J ~ X~! ~ t f I I ~ ~,~„J I l 1 ' ~ ? i o-. x ~ . i ~ - w ~ .W i ~e , , l { r~r £ ,r , 'i i E~ , ,y l' ~ r, ~ ' ~ ~ r r f~.`}~rY~i~ pe~ ~~N~i~N~~LE T~~T ~k~s ~ V ~ ~ o ~ ~ EXHIBIT 8 F.car a h7 ~ ~ ~t t d fa a I ~ ~k February 2, 2009 Mr. Mark Cunningham, AICP Director of Planning and Development City of Denton 221 N Elm Denton, TX 76201 Re: Rezoning of approximately 0.85 acres from NR-3 to NRMU generally located at the northeast corner of Bonnie Brae and Panhandle in the City of Denton, Texas. Dear Mr. Cunningham, 4a Properties, Ltd (the property owner} is seeking to rezone Lots 1 & 2, Block L of the Parkway Addition (Exhibit 1) from Neighborhood Residential 3 (NR-3} to Neighborhood Residential Mixed Use (NRMU} (Exhibit 2) to facilitate the construction and operation of a medical office. PROJECT NARRATIVE: The intent of the rezoning is so the property can be utilized for a Medical Office. Based on comment received at the neighborhood meeting that was held on June 8, 2009 (see Exhibit 4 for sign-in sheet} we have agreed to limit the use of the property to office use only. Additionally we will also provide additional overlays to the zoning (Exhibit 3} to ensure that the development of the property is consistent with the residential character of the adjacent neighborhood. Assessment of Public Utilities: Based on the pre-application comments (PAC08-0035) utilities are present to service the intended medical office. Both properties are plated and currently undeveloped. If the properties are rezoned as requested they will be combined (replat) into one lot with access from Panhandle. Panhandle is classified as a Main Street Mixed Use Collector and it is anticipated that it is sufficient to handle the proposed traffic volumes. The properties have adequate water and waste water service that is capable of handling anticipated demands. No major change to the existing topography is anticipated. 2405 Mustang Drive /Grapevine, Texas 76051 / 469-955-8580 l 817-329-4453 (Fax} Legal Description: • Lot 1, Block L of Parkview Addition • Lot 1, Block L of Parkview Addition General Criteria for approval: 1. A complete application and fee shall be submitted. Response: A complete application & fee was submitted on February 2, 2009 2. Applications may be approved when the following standards are met: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. Response: The proposed NRMU is consistent with the existing land use designation (Existing Neighborhoods 1 Infill Compatibility. b. The proposed Specific Use Permit meets the criteria set forth in Subchapter 6, and conforms to the purpose and intent of The Denton Plan. Response: NIA c. The proposed rezoning or Specific Use Permit facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Response: Adequate provisions for public utilities and conveniences exist Thank you for your consideration on this matter and if you have any questions please do not hesitate to contact me. Sincerely, Spring Brook Plan-Wing Group p ~ ~ r r~' "°-^u~. ~ p s~, , n: ~u xa~k:g. ,;e*~ is ,a,? ~ ~+m ~~~~~awrence~~~'~C. Reichhart, ASLA, AICP Cc: Brad Andrus Page 2 of 2 EXHIBIT 9 Z09-0001 Andus Project Responses to Public Hearing Notice  . w~.. Emu a x ~1 ~ f . ~~~~~4lIL~ PAGE 1 ~ ~~nn~ N~arch ~n~ ~ ~ ~f ~n ~I held ~ • ~ d~~ rnang ~ ~me~da ' on ~edne~d~ #q ~ ~ ~ ~ar~d from ~ ~ ~ en ord~n~~ ~ 11~g~b~rho~d ~es~an~~ ~ $ ~~~d~n~~l ~ub~~~t ire ~ axed Asa ~~M~ ~~n ~ ~ ~~~~~a ~~ning ~t~d ~o~th ~ ~ d~~, ~n oven ~ , ~rvposi d~~e ~ ~ner ~ nr~~~ end F~ d~~t e ~P ~ med~ca~ o b~i~did anhen~~~ et. Thn ~ t' g ~r~ tha ~ubjec~ ~ P~ ant the pub~io h~a~n eta olnn ~ ~ ~:D ~n tl~a ate fern, ~a~ ~nc~ ha~b a i H rat - ~ I ~ ~ ~~b0#~~ ~ r ~ c~omrnn ~ ~ ~ ~~er ~ ~~ur ~~~~~n t~ tak ~ ~ p~~~~i~ ~h ~ ~ Ire hang. ~ iS dated bob m~~~ ~ ~ ~n~n~, ~ You ~ t~ ~ addre~~ ~r ~ ~ x tt n~r~er p t ~ ~~rson: P~~~n~ aid v~~m~~# ~ ~ ~rn ~ ~~n~ ~`e~c Ate; ~a~ ~~~~ui Pry' !mot ~anaga~ ~ are u~ perms ~ ~quee~. ~'he ~m~;~~~ ~s ~ ~ ~a~d►nera that u of a ant ~f pig and owe the ~nse~ ~n ~~p~ a #n o~R~~. easy ana: In ~avo~ ~ r~q~+t ~o ~t for ~ ~ ! ~R~~~d ~ r~q ~~~ature: ~ ~ ta~~ p~ ~ T~l~~h~ne ~ ~m+ber; R~ysia~ ~Iddr c~ Prq Zvi Ir ~hrn ~~t. ~ ~ N, ~ ~ r  ~`~,e planning and Bonin Commi . March ~ ss,on of the City of Daman gill Hold ~5, X049, and consider maiCin ~ public hearing on V~edneda far the re~anin of a ~ a recammendation to the City Daunc'r~ re g ppraxirnately 8.847 acres of land fro ~ gard,ng an ordinance district to a Neighborhood Resi ~ ~ Ne~ghbarhoad Residential 3 ~enti~l Mixed Use N~MU z ~ ~ ~ 3} ~an~ng l~b~ect site Is vacate ~ } anfng d~str,ct, W,t~l d on the northeast corner of Bann' overlay d+str,ct. the proposing to develo a medi ~e Brae and Panhandle tree#. The ~ . p ~ office building an the sub'ect ra a appl,cant , J p p ~y, The public hearing will stet at I~cl~in 3g p.rn. ,n the Crr Council Cnamb Hey street, Denton, Texas. Becar~ er of C,ty Fall located at u~bjec~ proper , ~I~e F'1an ' e you own properly within two f~undred Y n~ng and Zonr'ng Ca~iion ~ } fee f of the request and tnv~~es you fo amend would like fo hear how you feel abo ' fire p~r~lic hearing. Please, in order ul ~h~s e~ 7 t ~ ~ . ~ ~ far your opinion be taken into ~ U from c~~l7din aI?d ' ' located at tn~ bottarn ~ ~ ~ a~! ~a ' ~/~7 par~io{paling rn tie pt~biic hearrn . ~ ar rna,l ~t to the address below ar dra i ~ x ,t to tn~ number p t off ,n,person: Planning and Deve~o vent pe ~2~ ~ par~rnent N: Elm T Denton, Texas 7~0~ Attn: Ron l~lleng~ita, Pra'ect Man ~ agar These forms are used to ca~cr~l ate the percentage of landowners th request. The en-rm~ssian is lnfarmed of the at supp°~ and oppose the percent of responses in ~,pport and in a a ~ , pP s,t,an. Please circle one: In favor v~ request Neutral to request q o Reasons for Q pp sed request pposEtion: - - _ r. - - r ~gnature: printed Name: Mailing Addy s: ~ City, state ~i : Telephone Number: ~ physical Address of ~ ~ i Property w,th,n 20Q feet: ~ ~ QTY O~II, ~(Q C1TY HA~,L IN Est • DEi~TpN, T~~CAS ~8~~fi 940, 349.854 ~ • ~F~ 940.349.7107 F~ . ~ 1 The ~~ann~ng ~n~ f~er~i ~ ~ ~ ~f' ~~on f~ hofd ~ p~hf~c hea~~ ~n ~ n I~ar~h ~5, ~0~~, ~~d ~~kf ~ r d eda~, e~~men~an to t ~o~r~~~l rr~i a~d~na~c ~~r the ~e~onin~ ~f ~ppra~~~~~eiy ~.7 ~~r~~ ~ ~~nd frog {~~J~Fr}'+y{E r/►~{/1}+~ t~ a N~ag~~ Re~~d~r~~a~ Ml~~d N~~ Z~~~n 4 ~ • ~ ~ g ~~tr~~t, With ~n ov~y ~~trl. TM~ ~uh~t s~ie ~s ~~ea~~d ~n tl n~~heas~ t~~ner a~ f~nn~ ~n Q~) p p+~I ~y Q i d a~ha~dfe tr~~. Thy a~pf~~~n~ ~~DplL~ ILl ~GF~~~~ P ~L~~46#1 ~111~1r ~1~1~~1 ~ ~ ~~~i~ 14 p~ ~ unC~~ C~arnb~ 0~ rte H~~~ C~~~d ~f ~ ~ a i ~V~~~~~+ V~~VN~~ ~~r~~~ifr T~+AGvi. LrCfU~~r ~~i{ ~ rr~~~~~ ~~i~ 1! ~ ~h~ P~ar~r~~r~~ ~rr~r~~~~r w~ul~ l~k x~ ~t~ r~q~e~~ aid in~t~~ tr ~a a~ ~~~I 8~0~~ . ~~e ~~#~i #~~~rr~~. ~I~~s~, i~ o~~~ f~~ u~ ~p~~io~ ~o f ta~ce~ into ~a~nt, r~~,~rr~ t~~~ f~r~ f#~ your ~ar~~n~~ pn~r ~ ~e date d~~ f~ii~ he ~~c~~ed a~ E~he #~om ~r rn~i~ i~ ~ ~~d~ Y um~e~ ASS b~f~~v dt~p ft ~ff ~r~r~en. Pf~nn~n~ .and ~e~e~~~m~~t ~epa~rn~r~t ~ent~n, '~~xa~ T~a~ A~t~; ~len~uf, ~rojec~ .~aa~e~ ~h~~e ~o~rns ire used ~al~u~a~e the percer~~a~~ ~a~d~y~~ th request, The ~ornm~s ~ ~ su~p~~ ~~d o~p~~e the . ~~ar~ ~n~~~med of the p~r~ent of ~e~n~e~ in supp~~ and ~n ap si#ian, Pl~as~ c~r~~ ~~e; ~ eq~~~~ ~e~l ~e~ue5~ ~ ~~~d to ~ } ~ ~p ~ ~ ~ ~~~~~~c~~~; ~ ~ ~ r ~ ~ _ ~r . i ~ i~na~~r~: ~rEn~~~ Name: ~ a~fing Address: ~ ~ Teleph~~~ ~umbe~: ~ ~ . f'hyfc~f ~~d~~~~ p~p~ ~ ~ , ~ ~th~r~ ~D4 feed: 0, ~ ~A~~ ~~~r • pEN~~~. ~E~A~ ~ ~  ~~~-004 The Planning and Zoning commission of the pity of Denton will hold ~ pubf~c hearing on Uvednesday, lVlarch X009, and cansjder mal'cing a recommendation to the pity council regarding an ordinance for the rezoning of approximately ~.84~ acres of land from ~ Neighborhood Residential ~ {NR-~ zoning district to a Neighborhood residential Mixed Use ~NRNfU} coning district, with an overlay district. The subject site i located on the northeast corner of Bonnie Brae and Panhandle Street, The applicant is proposing to develop a medical office building on the subject property. The public hearing will stark at fi:~0 p.m. in the pity council har~bers of pity Hall located at 1 ~ McKinney Street, Denton, Texas. because you own property v~rithin two hundred ~2~0~ feet of the sub~ec# prQp~rty, the Planning and Zoning ~ornisfar~ ~rould #rke to hear haw you fee# about thfs request end invites you to attend the pu~bllc hearlr~g. Please, in order far your opinion to be tal~en into t=~~~ --~4~"ot~~~i ~r rro way ~s prohibits you from atter~~fing ar~d par~icr"pa~ing~ try the public f~earir~g.} You may fax it to the number located at the bottom or mail it to the address belov~r or drop it off in-person: Planning and Development Department Denton, ~`e~ca~s 7~Q~ Attn: Ron Menguita, Project lVlanager These forms are used to c2~lculate tie peroentage of landov~ners that uppart ar~d oppose fhe request. The Camrnissian is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request apposed to request Reasons for ~pposltion: ~ ~ ~i"c fro ~e ~n~ ~ ~ ~ ~ ' ~r~ r~~ ~ Imo, rC ~ Signature: Printed N m ~ ~ r~ ~ J a e, Mailin Address: ~ ~ =~1 9 i ,State Zi : ~ . tY p Tale hone Number: ~ ~ p Ph sisal Address of Pro a within feet: ~ ~ Y p ~Y ~ cITY HAIL WEST ~ ~ENT~N, TExAS ?'fi~~1 • 94~.349.854~ • ~F} 9~4~.49.7107 ~j  :J:ovh:`~w~~..h~.f~:vn~::;L:.ys:k.~6YY..4~,: - - - - - - ~ ~ - ~ - ~i~ ~t day o~~ern: ~s ~h~ oar a~t~e~~rop~ at ~l~ i~ D~~to~, 'Fex dot 4 ~I ` H in Prki~~: Su~di~~~on, I ~ a~at have y obj ~a ~ p~upos~~ Bonin , changes being made to the ~ro~~rt~r at ~o~s 1 and ~ o~~1c~ L~ Pl~v~~~: ubdivisi~~ ~ ~iWe it is an iprnvctne~t t~ u~~i~io~t Frith tie prn~~ ~ui~du~~ ~ ~andc~ping t~ie~ ha~~c pied. cttye gds ~~vz~er~orator  . , _ ..,.-ter j . ; ; .fit` - _.-.,~A" ~ ¢ ~ " ~ .fin 331 N. IH-35, Suite 140 Denton, Texas 7fiZD7 940.~~9.38~0 ~?ffic~ 94D.~81.49~6 facsimile www,el~river.biz March ~5, ~D09 IUIr. Brad Andrus 4i~~ w. Oak Denton, T~ 7G~0~ Re: Lots on Bonnie Brae Dear Brad: l'~n v~rriting this fetter in support of your attempt to rezone the lots you own on Bonnie Brae 'ust north of Scri tore Street, A ou know I have s eciaii~ed in Illledical Beal Estate and have ~ ! p Y ~ p facilitated several transactions around Presbyterian Hospital of Denton. Most recently, rye sold the last remaining lot on the redevelopment of Oak Street v~rhich will row be home to gore than 35,00 square feet of single story medical office The trend in medical office is far physicians to provide convenience far patients by giving them the ability to park close to the office and walk right in for treatment. The demand for high-rise multi-tenant medical office buildings is in decline, and in my opinion will continue on thattrend. There are currently no properly paned .tracts around Presbyterian to allow for expansion of these single story medical offices, of uvhich there is significant demand. As you well kno~r, I personally have had tvuo physicians who v~rould have bought your property had it been properly paned. Additionally, l can't imagine that anyone vuould now ar in the future build a house on those lets. The traffic flow on Bonnie Brae, coupled with the cornr~ercial development to the north & south, would preclude anyone from desiring to live there, The current residential properties ala~ng Bonnie Brae are becoming run-down and mast are not avur~er-occupied, In my opinion, the city should rezone the entire east side of the street from Wickory to University to accommodate medical offices. It vuould surely ail fill-up aver time and would be a perfect fit given the close proximity of the hospital. It just makes sense. I have no skin in this game other than to see the area continue to improve with an appropriate use. I am in full support of the rezoning and believe I could place a physician practice there that would be a service to the community and irnprave the aesthetics of the area, Take a Iook at Oak Street today vs. haw it looked with blighted apart tents on it. Sincerely, dreg Johnson Elk River Rea! estate  , ,tiy ~~l~~~ The Planning and. caning orrrmision of the pity of Den#ort gill hall a public hearing on vlledr~eday, l~larch X009, and consider making a recommendation #a the pity council regarding an ordinance for the rezoning of approximately g.47 acres of land Pram a I~eighbarhvvd Residential ~ ~NR-3} zoning district #a a Neighborhood Residential Nixed Use ~IVRI~U} zoning district, v~rith an averia}~ district. The subject site is located an the northeast corner of Bonnie Brae and Panhandle tree#. The applicant is proposing to develop a medical office building an the subject property. The public hearing will start a~ 6:.3a p.m, in the pity aunci! han~bers of pity Hall located 2~t ~ E. Mc~tinney #reet, ~entan, Texas. Because you own property ~vilhir~ lwo hundred ~~~0~ feed of the subject properly, the ~larrnrr~ and ~orrfrrg omr~lsslon would lfke to hear how you fee! about fhi request ar~d fnv~~es you ~o attend fhe public heanng. Please, ~n order far your ap~n~on to be taken ~n#a account, return this form Frith your comments prior to the date of the public hearing. ~Thrs in no way ~ prohlbi~s you from altendrng and par~icfpaling rr~ the publfc hearing.} You may fax it to the number located. at the bottom or mail it to the address below or drop it off in-person: Plan~n`rng and Development ~epa~rtn~ent ~1 N. dim T enton, exas 7G~0~ ~Ittn: Ran IVlenguita, Project Manager These forms ..are useo~ to calculate the percentage of landowners that support and oppose the request. The Can~missian is informed of the percent of responses in support and in opposition. Ptease circle one: In favor of request bleu#ral to request 7C apposed #a request Reasons for Opposition: I actuall live X14 feet from the ra ert althou h I have a clear view of the lots due to a vacant lot across the street from me. l am o aced to the develo meat far the follawin reasons: Li htin an the ro ert will be directl visible from m front ard, Elevated li htin on the arkin lot will fall into Phis Cate a . I do not like the exit onto Panhandle tree#. This will direct traffic back into the nei hbarhaad to avoid Bonnie Brae. A si nifican# amount of that traffic will sta in the nei hbarhaad to avoid Bonnie Brae. This is a ma'or concern that is caused b the Deveia rnent bode. There currentl is a medical office further down Bonnie Brae that has a cutout on Bannae Brae and the side street. A medical office could include a ~4 hour minor erner enc clinic which would brin noise and cars at all hours. i am concerned about the increase in size to 8080 s oars fee#. This increases traffic ffow in and cut aloe with noise. There are no 4aaa s oars foot houses an an of the lots ire the area. The on final X004 s oars feet gas mare a ra riots for the location. I am not able to make the meetin tarsi ht. Thank ou far readin and considerin m concerns. l~Y D~~VT'I~, T~~CI~ CITY HALL VIfET • DENTON, TEXAS 7201 •94.349.51 ~ F 9~4 ~ } a,34~.?~~7  _ t, r . - . 1s:<. ,..h.. ""Ire i"~1:..1. ~g~nafure: Panted I~~me: co~~ Langford fl~ailrng Address: ~8~~ Stanley pity, tote ~i~: f~ent~n, Tx~ 76~~~ Tefepl~one lVur~f~er: X40-9~~80~1 ~hysicai Address of Property uvithan MoD feet: S~,Q Stanley, ton, fix. 7~~0~ i ~~TY D~,T~1~~ T~X~I ~f~r ~A~L ~r 4 ~~~v~~~, r~xA ~~~o~ • ; s~a.s.~~o~ 1 to medical office. 1 area within an established residential subdivision, ~ These are thc* general regulations, As you ~ I've also added in the backup staternen~s ~ can tell, the NRMU is a lot more intense in as far as ~ from the Denton Plan that talks about that specific ~ setbacks, allowed lot area, and minimum lot width, and ~ nature that the goal for co~n~nercial standards or ~ s0 Earth. Also, the maximum lot average for IVRMU is a 5 corrfrr~ercial development shall be within well-setting ~ tat higher. It's at 8D percent verses SO percent with ~ locations, shall not be in scattered sites along 7 the NR-~. And, also, the building height is G5 feet 7 highways and corridors. That commercial activities are ~ verses ~ feet of the NR-3. s preferred in cornmeroial activity centers rather than 9 Staff received three responses back from 9 strip or spot commercial areas. fe the ~.1 that were sent out. Indicated in this exhibit, ie Therefore, staff finds that the proposed 11 two were in opposition. One was in favor. Iii the work 11 zoning change request to a#low the I'm sorry session i passed out the responses to those folks that i~ medi~:al office is inconsistent with the Denton Plan; i3 submitted their responses. Again, there are three that ~.3 therefore, is recommending deniaf of this request. 14 were within X00 feet. The other two remaining in your 14 The applicant is here with a presentation, 15 packet are folks ,providing comments that are outside the 15 I believe, But I'd be happy to answer any q~,estions 16 X00-foot buffer area, therefore, are not reflected on iG that you may have at this time. i~ this exhibit, 17 CHAIRMAN WATKINS; Yes 18 Before I get to recommendation, I'd like to i~ OMMI$IONER ~CHAAKE~ I'm curious about mention that the applicant did held a neighborhood ~9 the third provision about the Overlay District, 20 meeting on two occasions. One last summer and again MR. MEN~UITA: Yes, ma'am? just recently last month to discuss the proposed subject ~i COMMISSIONER SCHAAKE: In that the Overlay annexation I'm sorry zoning request change, Four ~Z have you not used an Overlay District in parcels of Z3 property owners were at the recent p~€bllc meeting and 23 land this small before? all expressed arrcer~ about traffic and, obviously, ~4 MR. MENGUITA: Yes, we have. The direction ~5 encroachment onto tl~e residential subdivision, ~5 is that we're looking at the rezoning request change ~ i I'd a~~o like to mention that this is the i applications a lithe bit n7ore differently and are ~ second consideration for rezoning ors this property. The ~ applying what staff feels is the true Intention far this 9 southern portion of this property of the subject 3 ~i~ed Use Residerrtla~ i~rotection Overlay. 4 site, an the very tamer, came in as a rezoning request 4 COh~MISSIONER SCHAAKE: The other thing I'm S back in ~DO~. Staff at that time rean~mended denial, 5 curious about, in the Overlay specifications that were ~ And I believe the P&~ also ~recammended dental and was ~ listed, is the one-story specified ire the Overlay ~ never brought forward to City Council. 7 District? 8 I'd also like to point out the staff is B MIS, MEI~CUITA: It was not ~ know what ~ recommending --get tv my recommendation ~-denial of 9 you're talking about It was not specifically stated; the rezoning request based on the falla►~ing findings. i~ however, the 8,000 maximum square footage was stated. The proposed NRMU zoning district 4s inconsistent with i~ Therefore, ~f they da decide to go to two-story, their i~ the Denton Plan in the sense that the proposed use or i~ maximum square footage would only 8,000, ~3 proposed zoning would allow a use that will change the 13 But to answer your question, no, there was !4 established residential subdivision character. It would i~ no height limit restriction as part of their Overlay ~5 also be located in an isolated ar spat area, not in a ~,5 District. 16 proposed or well setting projection not projection, iG COMMISSIONER SCHAAKE: But that could be 17 but commerCia~ center, 17 added to an Overlay District? 18 The proposal, also, is inconsistent with iB MR. MENGUITA: That can be added, correct, f9 the Overlay District Provision outlined in ~5.5.2.~ with the abvio~rsly, the consent of the applicant if zo Mixed Use Residential Ove~ay. As stated in the backup, zo they do accept it. 21 the Overlay is allowed to ga along with the rezoning 21 COMMISSIONER CHAA#iE: Okay. So that was change request; however, staffs interpretation 22 my question. Have we not approved and can you specify z3 determination is that provision is meant far a larger' or Z3 I mean, I think that's the purpose of are Overlay ~4 multi-use mixed use development, not specifically one Z4 District is to help mitigate any of the problems that ~5 that is of a single use and a single Iot in an isolated z5 might be garnered with a change in zoning, PLANNING AND BONING COA~MI5S~01~1 LARCH 2~, 2~~9 Pane to ~4 Df 11 ~  two, ~J~ i MR. MENOUITA; Correct. And, as I i since this is more of a residential style, probably ~ ~ understand it, the way that we were proceeding with some ~ woad-frame~type construction 3 of the previous Overlay Districts was not in the intent 3 MR. M~~IGUITA; Uh-huh, 4 of what was the provisions when it was set forth back in ~ COMMISSIONER THOMAS: more of a ~ X006, S residential-style building with astandard-pitched roof, . ~ COI~MI~~ONER CHAAKIw: Thank yqu. ~ does that calculate it from the ridge of that roof ~ CHAIRMAN VyATKII'VS: Yes? 7 MR. MENCUITA; The way S COMMISSIDN~R EAGL~TON: Thaf~k you, S COMMISSIONER Tl•IOMAS: out? Or is it 9 Mr. Chainr~an, 9 from the does it use the exterior wall and then iD Ran, I was wandering about the perrr~itted is consider the total height from the ridge? 11 uses. I know that medical centers is a permitted use 11 MR. I~ENOUITA: My understanding is the iz MR. MEitiIGU~TA: Correct. i~ building height is measured mid between the eves and the 13 COMMISSIONER l~4GlrEfOl~: in an i`iRM(J, But ridge line. And so if it's a sloping roof, it would what about ~ ~4-hour minor emergency? 1~ already accomplish that. And as shown on the proposed i~ MR. N7•EI~CUITA; Yes. Ore of the responses ~5 elevation, their roof line is really slanted, It~S a 10 . 16 that we received made mention of that. It doesn~t 16 to 12 roof slope. 17 specifically state anything about a limit of ~4 hours of 17 COMMISSIONER THOMAS: Right. 18 operation, Our uses are just uses and don't ga into 18 MR, MENGUITA: ~o, 19 hours of operation ~9 Ci-IAIRMAN VvATKIi~IS; t.egal, 2~ COMh~I5IONER EAGI~TON; Okay. Has the MR. DRAKE: Just a paint of clari~rcation, ~i applicant rnentianed anything about that? xi I think Dr. Schaake earlier raised the issue of the MR. MEN~UITA: No, they have not. And, to ~2 purpose of the Overlay pistr~ct. I think itts correct 23 be honest, the handout that I passed on to you was given to say that an Orreriay District is often can be a ~4 to them at the same time, as welt, So they just Z4 ploy to mitigate against afFensive uses of adjacent, ~5 received it this afternoon. 25 nonresidential development to residential development. 68 i COMMISSIONER EAG~TON; Perhaps we could t And that the provision in there far a Mixed Use 2 address that with them, ~ Residential Protection Overlay does have some provisions ~ MR. ~IENOt1ITA; That could be a possibility, 3 that allow far that. ~ as well. 4 As I'rn really looking at it and I think 5 COMMISSIONIrR EAGI..ETON: Because I think 5 this really goes to the paint that Ron was trying raise, 6 that rni~ht be a concern. 6 It's riot that the overlay concept, in and of itself, is 7 CHAIRMAN 1~ATKINS; Any other guestians? ~ a faulty concept in this circumstance. It's the 8 COMMISSIONER THDM~#S: Yes, I have one, S application Of it to a single lot. The issue is that 9 Cl-i►4IRM~kN 1NATIQN Yes? 9 the language of the Nlixed lase Residential Pratectior~ COMMISSIONER THOMAS; As far as the height Overlay talks about the proposed Nonresiderial or ii restriction, I think Dr. Schaake had a very goad point. 11 Multi-family Mixed Use albwed by the Subchapter is 12 Please refresh my memory about the height restriction incompatible with the surrpur~ding residential uses 13 in an NRh~I,~ next to a residential area, You can only 13 I think what Ran was trying to address is 14 achieve a certain height within a certain distance from 14 that this is really designed for a develaprnent where, i~ the other property dine. Now would that affect this? i~ you know, maybe there's mare than one office involved in i~. I~R. MENGUITA: There is. And I'll go back iG it. Yau know, where you might have a suite of offices i~ to the --there is a provision hefe in the very last row i7 similar to the Imperium develapmer~t an University Drive ~.8 that talks about the setbacks. And I think this is ~S ar the Irwin development over on Teasley. i know that 19 part of the answer. If they're above feet, they have 19 the issue had come up ir1 situations sirr~ilar to that. 2~ to be one foot behir~l far every foot that they're ~D 13ut, you know, I don't think that an ~i encroaching. that make sense? Basically, if Overlay would. be a problem if, for example, ail of the 22 they're ~0-foot high and if they are wanting to go any ~Z houses, all of the lots on Bannle Brae were up for z3 higher, they have to set back ore fart for each foot of re~ar~ing grid to same port of ~ fixed Use that would building height above 20 feet, so. allow for medical offices. And an Overlay were proposed ~5 COI►~I►IISSIONER THOMAS: Is that figured to protect thane adjacent residential uses. That would ~L.Ar~NING Ai*tD ~Otai~l~ CONiM1lOl~ MARCH 25, 209 Panes #n of 7 ~I 7  x ~ . . 2ry~{~ - - .;:r :..l~y'd:4s'.$: jP ~M;r,!:~;f-='1%'~~'%r~m'S':: `so-:cm:'rsxi :::~;r;,:: :;~:-:a' v _ . ~i ~ not be inconsistent with the purpose. But the problem i a single~famiiy there that is two-scary. ~a problem. ~ is taking one lot in isolation in and surro~€nding it ~ That would look quite out of keeping from what night go 3 vuith a residential area. Its that isolated treatment 3 there as a house. It, essentially, looks like a house 4 of that one lot of saying that in this 4 far a medical o#fice building that would stay in the ~ residentially-zoned area, were going to have a E~ixed 5 style of the neighborhood. ~ lase. And then use an Overlay as .mare ar less a patch or 6 So, I mean, that makes sense whin you're 7 hand-Aid to address the fact that it's out of character 7 looking at the unusual position of this vacant lot a ~ with the other lots along that frontage, 8 maybe there's more to talk about in ~terrns of what's the 9 MR. CUNNIl~1GHAl~; L.et me try to put that 9 mechanisrr~ to accomplish something that preserves the io try to put that in a different way to add onto what look of the neighborhood and that people can still live ii ferry is saying, As I read 35.5.Z.~, which says Mixed 11 there because two blocks up you have an entire road that Use Residential Protection Overlay. What I read and also looks like houses. 13 what I gather from this is that you have a i~lixed Use i3 And I think it would be very nice to i~ Residential Zone, like an NRMU or ~1RMU-1Z, that allows a x~ maintain that style for the _W for that whale street and is combination of uses. 15 not have this empty thing that's going to constantly be iG And let's say you have some existing bombarding t#~e neighbors with requests to be do residential uses that are permitted within an NRMU and something with it. a it would ~be better to nail down . 18 NRMU-1Z and there's a. vacant property there. And you is soethirg that is very compatible with what is there so 19 want to develop that vacant property with a 19 that it can be developed, ~0 nonresidential or amulti-family use adjacent to the zo CHAIRMAN 1NAT'IiIN Yes, Walter? existing residential use, the€~ staff may impose 2~. COMMIION~R EACLEf~N: Thank you, Mr. additional requirements, such as increased setback, ~2 Chairman. In keeping with what Dr. Schaake said, I landscaping, screening, and buffer, ~ mean, I agree with that. And the other thing is is that 24 The distinction here is that you have the Z4 the paint about this is there are na other available ~5 mixed uses within the same xaning district, And it goes lots in that area, I mean, that I can recall. Sv this . 7~ ~ 7Z an to say that such additional modification or i is, basically, the last standing lot in that area that ~ restrictions shall upon approval amend the underlying 2 could be developed. ~ zoning classi~cativn. 3 And, again, this t~se, to rne, is muoh more ~ What we have here is not an amendment to ~ attractive than. like Dr. chaake mentioned having a 5 the underlying zoning classification. 1~hat we have here 5 twa~story house there that someone might put up and, you s is a request for a rezoning. Arid then to use an Uverlay a know, rent a~,t. I just think it's probably mare likely 7 as a way to create yet a .zoning district within tl~e 7 that if somebody did put a two-story house there, it s zoning district to eliminate ail the other uses or to ~ would probably he a rental property rather than the 9 apply restrictions sa that you can have an incompatible 9 owner living there, 1o zoning district adjacent to the residential district. ~o And the other thing about this is that as 11 a itrs a complete dif#erent application. t~ we look at Raynor Ranch being developed right across the 12 And, again, just to restate what Jerry i~ street this, to ~me, is an exception to the rule of 13 said, is that the concept of the Overlay is not improper spot zoning. I mean, yes, I can I can see t#~at it is i~ in and of itself, It's the application. The overlay is i~ probably spot zoning, but I think it's one of those i~ not being used to rrritigate or to buffer far a proposed cases where an exception might be acceptable. 16 use that's allowed in the existing underlying zone. sG CHAIRMAN I~IAT~INS: Does that wind Up your f 7 It's being used to change the underlying zone to a use presentation? iB that will otherwise not be permitted or we'd be creating i~ MR.1`+IENOUITA: That's yes. 19 spat zoning. i9 Cl'~AIRMAI~ 1NA`fKINS: I have cards here far zo CDMMI~~ION~R SCtIAAK~; Okay. I'll fallow zo people that want to speak. 7~ that up with a question. deems to me we'ce having quite ~ ~i R. DRAKE: Actually, if I could, I just z2 a discussion here. ~z wanted to fallow up with an additional point an this if z3 So you're saying that one of the things ~3 I may. The ~-one other thing that when Mark spoke that I've driven past this. It's a lovely set vi• 24 it reminded me of an additional issue is just tv ~s houses that are there. Now, anybody could came and put question is this really a rr~ixed-use development? Qr is PLA~NIN AND ~ONiNG COhI1MISI~N f~H 25, ~~09 Pace ~4 to 7~ ref 19 7  w~ v 1I 4 Y t i V ~ ■ . , ..y' 'iatiiiTi..S.:~✓S.~":..~'S...W....M1._..1~Y[`li.:.:.~..:!ti~~3~'. o~y:'.~ti=': ti..'ti~'.ar~~ - _ - ~ ~ ~ ~ ~ ~ '.rv::. r: yr 73 7~ i it an office development that is veiling itself of a i CHAIRMAN 1NATKINS: Thank yap very much. Is 2 zanir~gs classil`~cation that cQUld accommodate are office, 2 you said the applicart is here? 3 Thls zoning classification is intended to 3 MR. MENGUITA: The applicant is here, yep. . ~ be far to accommodate rr~ixed uses, which this lot ~ You said the applicant is here. 5 this development, in and of itself, by itself, is not, 5 CHAIRMAN WATKTN; 1`?r. Reichhart. S It's an office use. ~ MR. AIVDRU~: Commissioners and staffs I 7 v I think that,. you know, one of the other ~ appreciate your time. My name is Brad Andrus. And r ~ considerations in temps of what Ron was trying to 8 purchased these lots in December of ~00~. And just kind 9 express is that the Mixed Use Residential Protection ~ of as a little historyr I thought at the time that, you eta Overlay was intended to address mixed uses and a zoning i~ know, maybe at Borne point that might make sense being classification that would allow Far mixed uses. B€~t near the llospita# For it to be used as a medical mice ~2 where those mixed uses would have incompatibilitiesr site. . ~.3 that that kind of Residential Protection Overlay can go x3 I didn't realize the resistance that I 14 into place. ~ 14 might receive from staff on that, Butt also, didn't ~.5 Again, you know, T think that the this ~.5 realize at the time that there were deed restrictions 16 kind of reminds me of the situation when the charter 16 that did not allow ar~y use other than single-family use. 17 Schaal came up far consideration on University give, 17 And T've spent the last year or so getting that changed. 18 and the proposal seemed like an attractive one, You 18 vUe #~ad to get of the lots ire the subdivision, we ~9 know, when you look at that proposal an a particular 19 had to get the majority of the Iot owners to sign a ~o lot. You can look at it and say, ah, it's better than ~0 document that my attorney prepared to change thane deed what eras there before. Or it's better than, you know, restrictions, These have been changed and filed with ~2 what might otherwise go in there, the County. So, again, we've got mare than S~ percent Bot when you Iook at it within the context Z3 art the subdivision have signed a document that they ~ of zoning ar~d #and use law~that we need to apply in ~4 agree tv change that. ~5 order to be consistent with Texas law, it was ~5 You know, I had several points that I was ~4 76 i appropriate to look at that that entire block or an f going to make. But I Feel like I might need to address ~ area to study the appropriateness of the zoning there. ~ more of some of the discussion that's been lead here sa ~ Bause what we~ determine Mere o~n Urriwersity was that, s far. And ce~ainly harry gill do ttrat probably tv a 4 all right, let's say that arguably the zoning isn't 4 better extent. 5 correct fOr that particular lot that wanted to have a ~ The .we proposed doing the Overlay ~ charter school. ~ it correct for anything else there? 6 because from neighborhood meetings we've had two 7 ~r should we look to see whether that's a correct zoning 7 neighborhood meetings. I've been in several of the 8 classification for that entire area? 8 Names of the neighbors around there, as well. ~ To me it looks like this proposal if you ~ And in order for us i mean, my vision is i~ to#k about Raynor Ransil being across the street, i#'s i~ 100 percent medical office building. An $,D00 square f~t across the street from every house are that black. If iz foot building. The drawing that you've seen is about a i~ you talk about, you know, uses of Bonnie Brae, the uses 25-€oot tall building. And that's what we're proposing. 13 of Bonnie Brae are the same for all the houses on that And certainly would be welcome to put additional 14 black, Is it an appropriate thing tta look at zoning 14 restrictions to the height and same of the other i~ from a more global star~dpoir~t far thane houses are Bonnie i~ concerns that have been discussed, iG Brae? And I knave that that's one oi: the conversations T i~ But ire order to get the medical office use . 17 had with the plar~r~ers, also, ~ 17 T mean, as you know, there's n~ a medical ace 18 MR. MBNGl~ITA; ~'d just like to add one 18 zoning, in and of itself, which would be what weed be ~9 more thing. Back in ~DO~ when this Mixed Use 19 applying far if there were. so the NRMtI seemed like the 2D Residertial Protection E~veriay was adopted, the intent, best fit. And there seemed 'no other means as yon, ~i as I gather, was to provide these provisions for, like ~i stated, Dr, ~chaake mechanism to, basically, ~2 Jerry ~aidE a large development. Other examples would z~ guarantee the neighborhood that when i say it's going to be a Fry street overlay District which we have, A ~3 be medical office use only, that it will be medical ~4 E~nicorn Overlay District, which we have. That, I think, ~4 office only. The deed restrictions say that. But the ~5 was the intent, I just want to make that clear. 25 City can't enforce that. Tf~e neighbor#~ood can enforce P~~~~~~ ~or~~N ~OMMISiON IVIA~CH z~. 2oc~ P~n~  ~ . ..r.. 'r: ~ it later on. But in order to assure the neighbors that ~ I couldn't find, again, any member of staff ~ that's what we're going to dp, that's why we presented ~ that was willing to buy my lot to build their own home ~ it that way. ~ there and live there. It just and, I mean, I'm not ~ T've spent a considerable amount of time 4 you know, it's just tough to be able to back out of ~ and effort aver the last year or sQ really focussed on s your driveway every day if you're living there. ~ this project. I've hired several professionals to help ~ so with that, T'!1 let Larry take mast of . ~ me. T`ve hired an engineer. You've seen the site plan ~ time here. And I appreciate your consideration in this ~ that's been through pre-application rneetl~ngs and 8 matter. ~ revisions and changed. And we've. kind of gat a final 9 MR. REIGHHART: Good evening. Larry ~o site plan, although, obviously, subject to the rezoning. io Reichhark, Spring Brook planning Croup, X405 Mustang But that has been addressed with staff. Drive in Grapevine. I've also hired a local architect, Mark tz Why we're here tonight. Obviouslyr it's to 13 Martin, to design the building and kind of give an idea ~3 consider the rezoning with the Overlay. And I will get i~ of what we're looking at doing.. He's helped us develop ~a into the Overlay. Restricting the use of the property, ~s the architectural restrictions that we're proposing. i~ enhancement of architect€~ral standards, which.we think . And, lastly, I've hired Larry Reichhart t~ is for the protection of the neighborhood. here to help me to represent ~ in the rezoning You've seen the preliminary site plan. ~ i8 request. And Larry's expertise and experience with the is And, again, the maximum, you knoVY, 8,00 square foot. Crty of Denton, you know, has served well for us here. i9 The elevations and as Brad was saying, Mark Martin ~o I've spoken with several real estate za helped us develop these standards. And, you know, if brokers, real estate agents, appraisers, builders, and d 2f. you incorporate these and you have tD incorporate these, Iot of people over the last couple of years about these ~~t the awnings; the roof pitches, and such, you'11 get a z~ lots and what to do with them. And never at any point ~3 residential character building. ~ have T received the recommendation build a couple of Regarding the Denton Plan compatibility 2~ houses and try aid sell them for owner=occupied homes. 25 and this is the same statement that Ron had up there. 7 8D i It just won't work at this point. We know what Bonnie t Our request does respond to the surrounding neighborhood 2 Brae is like. we know what it's going to become. And ~ by utilizing the Overlay. And, again, I will get to ~ it's just not going to work for- that use, 3 that ~~rerlay. And I think it's exactly why we're doing a As was mentioned, i believe the only other ~ it. 5 .alternative-lf it's gat to~be~single ==-~or a .5. You knew, including the residential G resident#al, it will be some sort pf rent house, rnayhe ~ neighborhood, it was Iyzor ranch and Presbyterian ~ college students. You know, maximize the use that in 7 Hospital. No one has mentioned Presbyterian Hospital s that direction, which wouldn't be consistent with the a yet. And the generator that use is and that you're ~ neig#~borhaod, certainlY• ~ going to get a request for ofl~ice. On Oak we got ~o Lastly, I'I! say let Larry take most of f~ office, And by staff`s definition, that's strict ii the time here in our meetings with staff after we commercial development, all those medical offices on teamed of their recommendation of denial, we still 17 Oaf. I'll get into that a little bit, too. 13 and Larry wi11 talk more about. the Overlay issue. But 13 And, again, you know, that's just the style ~4 I'n~ still not sure we ~rnderstand that. We don't feel of today`s houses don't match what`s out there. They ~s like we have any other option any other means to just don't. I mean, I live on Windsor. My house would s~ accomplish what we're trying to da here. be okay over there. But the new houses and we have a t~► And T believe that staff I don't want to 1~ new house on ~Ilindsor doesn't match the existing is speak .for them. But I asked them pointblank several houses vue have on Vyindsor•. They just don't. The roof tirrres, do you envision this whole strip along Bonnie is pitches are totally different. The styles are ~o Brae at some point as medical oilice or office of same ~o different, ~ They have more windows. They're taller. ~a sort? And none of them would disagree that at some 21 They don't match. And that one house doeslook out off ~z point that seems like the best use for that strip along 22 character on our street. ~a them. A goad buffer between Raynor Rancht and probably z~ Regarding the Denton Plan compatibility. more importantly, Bonnie Brae and the rest of the 24 when you see the lighter blue on the shark, that's the ~s neighborhood. blurb that staff used in their backup, There's other nL~a~u~r~~~ ADD zo~~r~~ oo~r~~s~o~r A~cH Paae ~7 ~r~ ~n ~ ~ ~  ---cop 81 g~ blurbs right along there. Here's the three that go ~ Plan that caning should he used originally as intended ~ right the one ~efvre, the one after you knave, 2 to address extreme ir~carnpatibllities between land uses. 3 maintaining balance. Qfl:ace adjacent to residential is 3 This is not extreme. Yau couldn't ask for a better ~ not uncommon in Denton. It is a typical development ~ neighbor than an office. Again, we have it all through ~ scenario you will see in Dentan. And it is a balance ~ the town. The Irwin development over on ~.illian Diller. ~ between residential and commercial uses. s There's plenty of difFerent office developments that are ~ Limiting strip development, you'll see ~ just great neighbors. F mean, I'd rather have one than B numerous examples in the Denton Plan where strip 8 the barking dogs that my neighbors have that I can't 9 development is talking about commercial. You ga in, you 9 even ga outside in my backyard. is buy something, you take your bag, you get in your car! ~o Development guidelines should be and you leave. 1Ne're not talking about office established to allow a wider range of land uses to !2 development, i~ coexist within close proximity to each other. Again, ~s Demanding quality, Our Overlay enhances ~s our Overlay does that. Demanding high quality t~ that quality that we're guaranteeing will be provided on development --and, again I think our this is the this development. The argani~ation of cornrnercia! land ~s preservation of existing in future neighborhoods can be 1~ use goals. Against the first two later ones were the i6 achieved. but it doesn't preservation doesn't mean 1~ ones stafl• used. But I believe just the opposite. To you don't touch them. It doesn't mean you don't da ~S provide a reasonable amount and distribution of various ~,8 anything near them. Itts just you have to demand a 19 types of commercial land uses in attractive and higher quality development so you're not bringing that ~o well-located settings. I believe our laca~an is zo neighbarhootl dawn. And, again, we're doing that, 2~. attractive, And ~ believe we accomplish this and not 21 And quickly the other statements. Like ~ zz negatively. 22 said, I believe the medical ofnce you knave, is not ~3 Regarding the second phrase, again, planned ~3 in swell-located setting. As I said, we believe it is. ~ in activity or neighborhood centers rather than on The Comp Plan doesn't say that every commercial Z5 scattered sites or highway strips, Andf again, is the development --and, again I'm using the term comr~erciai 84 i. terra commercial and office interchangeable? And just by f here, too has to be in nei~hborhaod split center. z looking at this next blurb right underneath there in the z Rememberf there's this infill compatible land use. Is ~ Denton Plan, activity centers eve corr~mercial uses, 3 our use car~patibie with iNiiat'~ gong an in the ~ professional ofhces. It broke it cut. Commercial uses ~ neighbarhtl? 5 are different a little bit than office use. s And we all know you can and everybody ~ The Denton Plan you itnaw, these are land s does it. You can pull out d€fferent just little ~ use strategies right cut cf the plan. And, again, the ~ blurbs nut of the Camp Plan to either enhance a project term chapping centers is what we're trying to you ~ ar knack one down. You got to look at the overall ~ know, that strip shopping center is what we're looking ~ Denton Plan. And i think there's mare supporting our 1a to get away frpm, you knave, commercial activities, io development than isn't. neighborhood centers, That concept of nel~hbvrhoad The development standards and Rnn 12 centers is key in the canton Plan. eve have yet to have painted this cut, It really didn't hit us until I savr ~3 any built since the adoption of the plan, since the ~3 it in the staff report. You knave, easily lot coverage adoption of the Development Cade. it's a totally we`ll guarantee, you know, a maximum 7g percent lot different animal. it's not a single zoning case. And, ~5 coverages minimum ~Q percent open space, 50 percent tree ~6 again, it's the preferred way to develop. It's not the tG canopy, which is what it is Hove. Vie have na problem. required way to develop. ~a We think we can meet that. is Again, that's where it says service, ~S The building height either 4a feet commercial, located on appropriate activity centers ~9 it's going to be a one-scary building. eve just want to z~ rather than ahaphazardly-chosen locations, I don't be able to use some storage in the,attic~ ~o I don't ~1 think a doctor's affi~e that's less than a feet know if that counts as a story i# ~rau just put you x~ dt~veway~to-driveway to a Presbyterian Hospital is 22 know, doctors are terrible for trying to find space. haphazard location. On Bonnie brae it's an extrerr~ely z~ They have to save everything. a they're always lacking good Idcation. for space. o additions! standards, again; don't bather Additional blurbs that are in the Denton us. The 4-hour it's going to be standard ofhce PLANNING ANA ZON]NG C~MMISSI~N MARCH ~5 ~iD~1 D~n~ +n S!A ~ ~  K 16A - _ -=,:R's'.- !:~w.:=law.r'iA~4~~ •:'4Y~.Gti_s )~w.'~`:. '~v~~lti i hours, and no problem ~+vith elirninati~rg ~4-hour use. lot out there very quickly. On this one target, I ~ The Overlays. And that's blurb right out ~ really believe staff is totally olf base on the Overlay . 3 of the Code, I think staff is grabbing onto is tFrat 3 in their interpretation, I'd be happy to answer any 4 term Mixed Use. Does it refer to a mixture of uses ar 4 questions. 5 the two zo~ring districts entitled Mixed tJse? Because I CHAIRMAN WATIQN Did they own the two ~ don't think when this was put its we had a lot of people 6 lots behind on Stanley Street? ~ beating down the door in Denton trying to do Mixed Use 7 MR~ REICHHART: No. No, Brad owns the two 8 developments. Just the apposite. We had people trying 8 lots, and that's it. ]usk the two that are being 9 to develop in the NRMU and NRMU-~2 zoning districts, 9 rezoned. Is that the question? Just those two. The i~ which ore the Mixed Use Dish-itts. 10 other two are owned by someone else. As a matter of What I did, I vent back and looked at the 1i fact, regarding the deed restrictions, you pan see these approval of that amendment, It was amended March 7th, i~ are the properties that signed uff an the deed i3 ~Q~6. I pulled the P&~ minutes, I looked at the staff i,~ restractions. And the two ~e property the owner 14 report. And I read the staff backup. And these are 14 that owns the property right behind us signed off on the i,~ quotes from staff, And t can tell you who it is if you i5 deed restractians. They haven't sent in a letter of iB ask, but I'd rather nat. rt clarilles that the Overlay 1f support, but they did sign ofl: on the deed restriction. ~,7 caning, in fact, does modify the underlying zoning 17 CHAIRMAN WATKINS: Any other questions of ~8 district. 18 Larry? Yes? i9 No. it says, it addresses excuse me 19 CpMMISiONER SCHAAKE: This may be mars for 2Q Council can approve ~ver~ay to address specific staff. There was men'don in your. presentation about ~i standards for to protect existing residential ~i and it's probably off to the side a life bit but we neighbo~'hoods within a Mixed Use District and to have an don't have a medical zoning area. And here we are busy 23 Overlay to establish those items within that Mixed Use ~3 advertising that Denton is the medical destination. I 24 District. As Such, it's called the Mixed tlse mean, that is what we've all bought off on. ~S .Residential Protection Overlay. it's for the distr~ctsw 25 Now, I think, iF I rer~rernber right, we have ~8 There is absolutely na rnen~ons of Mixed Use in the ~ a hospill going in that we've already made some 2 backup, in the staff: report, or in the minutes. ~ variations an in the Raynor Ranch property. Do we not? 3 There's, your lmaw, na sire lirnitatiorrs that can't be ~ CHAIRMAN WATICINS: CaalC's Children. 4 more than one lot, 'two lots, ~rree lots. 4 MR. REICHHART: Cook's Children is going . ~ The Overlay was intended for exactly what ~ in. 6 ~ we're using it for. To give the neighbors some cnmi'ort 6 CaMMISIONER SCHAAKE; Right. Yes. So I 7 that what we say we're going to do, we're going to da. 7 mean, we S It's we were looking for another alternative to plan S MR. REICIiHART: dust about across the 9 developments, And the Overlay Distract is what we came 9 street caddy-corner from us, i~ up with. is COMMISSIONER SCHAAKE: Just so you can see 1f And, again I think ferry even rnentioned it that trying to do medical offices here is probably very i~ this nine months after this, I got this property 12 appropriate. And i think it is most important to i3 .right here rezoned on Lillian Diller and Teasley. And i~ protect the existing neighborhood, And I know that we 14 we had to use Overlays to keep the neighbors appeased of 14 have some of these offices around where I live. And a 15 what we were doing Building heights, setbacks, 15 lot of times, remember, doctors' offices sometimes work 16 landscaping. And it was specifically --and that was is more like bankers' o~.ces, They don't have a lot of 17 taken from NR-2 to I~RMU. Specifically, exactly what we ~7 people there at one time. And they are open at defined 18 were doing here. 18 hours and sometimes have a day off and are never there 19 Approval ai' a zoning amendment. I think 19 on weel~ertds. Zia we've met ail tyre requiremen#s of the zoning amendment. ~D Sa it makes sense to try if you're going to Zi There's I think there's plenty oi: supporting ~i protect neighborhoods, Y think that's why we've been dacumentatiarr irr the land land plan. This is in an using these offices that lank like houses to ~be grand ~3 SUP. And there's adequate facilities. 23 buffers. Y've gone through the reasons for the staff ~4 CHAIRMAN WATKINS: Any other questions? a5 denial. I only have the site But I'll tart' to get a All righty. I trove cards. Four cards here. Next up PLAN~fIh€G AND ZDNfNG COMMlS1ON MARCH 25.2009 p~r~~ ~ ~ a ~ ~  My %J I J I AL would be Flex Payne, if you can hold it to three 1 been abused in many cases, That I~DCG Zoning had been 2 minutes. 2 selected to allow to dD a use of multi-family ar 3 MR, PAYN~; ~aod evening. Alex Payne. I 3 commercial, not mixed use, a I think it's a problem 4 live at 9~3 Ridgecrest Circle in Denton, which is very ~ with the Code and not having some selective zoning ~ near the I take Lillian Diller many times and drive 5 categories like medical office, It should be a G by those compatible uses along that street. 6 positive. ~ To hit on the points real quickly that have 7 If streets and collectors like this or like 8 been addressed, I think it's ~-one way to look at this ~ Carroll boulevard, where we have, you know, dilapidated 9 hospital since its expansion is this is now we've got 9 houses on our corridors could now be rebuilt for . 10 now a neighborhood that, to me, is incompatible with the io aorr~rnercial office use. o thank you very much 11 market that's been built up around it. And so the 11 CHAIRMAN I~ATICIN Thank you. Mark Martin, i~ existing homes, for the most part, don't really fIt with i~ Brock Andrus will be on next, if you would. 13 what's going in with R~ayzor Ranch. They don't fit with i~ MR. MARTIN: Do I need to give my address ~4 the hospital's big expansion. again? i~ I, personally, am a commercial real estate CHAIRMAN VIIATI~YN~; Please, ~fi baker and dv some development work, I was involved ~G MR. MARTIN; Okay. ~2(I4 Kest university 17 with the transaction in which an old single-story, very i7 Drive, Denton. 18 unattractive must#-family complex was tarn dawn. And ~8 I dust wanted to address something that day 19 now there's now sitking five new medical office 19 brought up. The roof pitch, actually, on this is 5 and ~A buildings an iNest Oak street. I was also involved with Sa, I'rke Or, chaake was saying, that was the hrst ~i the tra~rsactior~ which the old bus station, which has now ~1 thing out of Brad's mouth when I talked to him initially z~ been completely rebuilt into a medical office building, ~7 is we want this Tike the other buildings in the ~3 And I think that that's important to say 23 neighborhood. ~v that's I just wanted to address ~ that I don't think that you're detracting from the ~4 that real quick. ~5 neighborhood ar anything in what were proposing to do. ~S CNAII~MAN iNATICINS; okay. gD 9~ ~ The you know, and the other good point that hasn't i MR, MARTIN; Qlcay, Thank you. 2 been brought Grp is protecting neighborhoods is a good ~ CHAIRMAN WATI~IN; Thank you very much. 3 Ming. But, ~trrfortunately, a good part of that 3 MR. ANDRl~ Knack Andres, ~D~ Radeke Road, ~ neighborhood already has become occupied by 4 Kn,m, Texas 5 approximately 0 percent nonawnet` occupants, 5 I just want to bring a little feel to G And so if the only thing that tltie market ~ s d~scussFans we had with the neig~bvrs, brad and I, It ~ will hear at this paint is medical office you know, ~ took a significant amount of our time and gladly to go 8 it's that or you're left with the solution of rental 8 to each borne. Obviously, we had to for the deed ~ property. The as far as speaking to the market, you 9 restrictions to get their signature to go to each home 10 know, since I've had this property on the market, the 1Q and visit v+rith the neighbors and get them to either 11 only enquiries I have received are far people that avant 11 agree or tell us their aonoerns and try to resolve those to build a medical or office building. Or I~ve had a concerns, i~ few people, well, can I build dap#exes or fourplexes or 13 And I think that the primary thing that we 14 something like that has been the enquiries I've had. No 14 learned was we want vve don't want a lot of traffic on 15 single-family requests, 15 the weekends if there are kids in yam, know, soon and iG And, again, there are no medical offices 1~ sa forth. And we donut want to change the feel of the i~' for purchase, The Raynor Ranch properties was they !7 neighborhood. ~8 had a ~2-acre site plan for medical office and what has 18 And so when we proposed the medical affrce i9 now been purchased was by Cook Children's. And they ~9 building, their primary concern was viii it be is 20 will use the whole entire site. There won't be any ~o this going to be a bait and switch? Are you going to 1~i individual lots available for purchase for doctors in ~i tell us a medical and then the next day, you know, we that development, see a gas station going up. And s~o they analyzed the o, again, the I think, again, the ~ ~3 problem of the overlay. Yoe know, so we felt, you know, positives I think z've listed, But the and my other 24 our word as goad as it is which we think is good ~s point was that the I believe the Mixed Use Zoning has ~5 but, yoga know, they want a Tittle bit more reassurance, P~ANNINC AND ~~NING COI~~IISSION MA~C#~ ~5, 2~os Pang R~ to 4~ of ~ 9 ~  • v+r tiv wr V ~ ! ~ i - _5 ~ y ..>..i ..~.a _ - i. .4 .y i I guess, whic~► is understandable, now, z And the other thing we learned was from the z But the problem is ti~at Brad really has no 3 people on Bun~ie Brae was that this is are impossible 3 ath~r solution, He has no other tool. The Overlay is 4 situation for them now as Bonnie Brae realizes mare and 4 the only way that he can accomplish what he'd like to do 5 mare traffic. They have to back onto Bonnie Brae out of ~ and give assurance to the neighborhood. And looking at G their driveways, which inherently is dangerous. And 6 it fron7 a practical paint of view, I can't see any other 7 getting their mail as their rnailbax sits right an Bonnie ~ way if lie's willing to go and do all these things that ~ Brae to step out and get your mail is inherently 8 he says he is and he'll put it in writing in an 9 dangerous. ~ ordinance that hers gat to live up to, I think that So they realized there is no way possible io gives those fotks real good assurance. somebody in their right mind is going to build houses on ii Y've lived inDenton for 40 yeas, And I 1~ these empty lots Why would fey if they knew anything 12 think probably ~5 years ago the interest in building any is that we l~now? And so I think they're you know, you r~ homes there died. And since That tirne, of course, i~ saw one of the things who signed that deed i4 ~ey've just been laying there. That doesn't help the i~ restrictions. You know, ail the people on Bonnie Brae i5 pity. That's just fallow land, And I think that it's iB signed except far maybe one. And I don't think I was 1s about time that we did look it a little differently. i~ ever able to contact that lady, i~ And I do feel for Mark and the staff. This i~ one of the other things I want to point out i~ does add extra burden on you. But we r guess from . i~~ ~ is the past denial that was done on this property was l9 our paint of view, we don't have any choice. Fie doesn't za before anybody had come with .deed restriction changes. ~o really have any cl~aice. And perhaps we could see z~ In talking to the previous owner of the properly, he 21 fohcoming in the next, you know, year ar so a few said one of leis major mistakes was he didn't go and get zz other possibilities, additional tools, to accomplish the z~ deed restriction changed and filed. And sa that was a 23 things that you need tv w#~en you have an ~inhll property z~ big cancem of the Council, ~ that has to be whittled dawn as far as the uses ga to ~s And, lastly, Ron stated staff has stated ~5 ~t in that little slot. And that's all these guys are 94 9~ that the participants in o~€r second neighborhood meeting i trying to do. So I think you ought to support them. z v~ere all in disagreement or apposed to this. And I z Thank you. ~ tl7inlt in your Pa~erwvrk you'll re~gni~e on that Betty 3 C~IAIRNfAN V41AT~INS: Thank you. You want tv ~ Rigdan, who was one of the three that were there at that ~ speak now? i've got rnore cards. 5 second mee~ng, has given a letter of approval. s MR. CLINNINCHAM: Okay, Go ahead, Go s And so I appreciate yv~r time ar~d G ahead. 7 consideration. Thank you, 7 CHAIRi4lAitil WAT'lCINS: Okay. David l~lilliams. 8 CHAIRMAN WATKFNS: Thank you. Y may 8 I can really read that one nice. Thank you. 9 mispronounce this name. Rick Carla, 5138 Edwards Road. 9 MR. INILLIAI`►! My name is David Wiiiiams~ is MR. BARIA: My handwriting is not very is And I live at 819 Stanley Street. li good. Arid I apoiog~xe, I gat this my card in iz CHAIRMAN WATKTN: ivo. I'm sorry. I'm 12 late so my house was not demonstrated on their i3 sorry, i3 powerPoint presentations as one of the oppositions. My i~ MR. BARIA: My name is Rick Baru. i~ property is does this overhead work? It doesn't ~5 CHAIRMAN WATKiiV I'm sorry. ~5 work? kay, Well, I don't have any kind of iG MR. BARIA: My time's up already? is presentation. 17 CHAIRMAN UIfATIiINS; I don't think so. 17 MR, CUNNINHAM: If you can just lay it on is MR. BARIA: I~'n1 not a designer on this is lay it right in between that square and it will come ~9 project. €'m neither a neighbor. but I da have sane l9 up. 2Q interest in it. And, pf~marily, it's far t#~is z~ CHAIRMAN WATKINS: There you go. ~i p~rdcu~r reason. I can see that the applicant has 21 MR. WI~I.,IAM: Okay. ~y property is right zz done just about everything he could to appease the zz here. And the properties that are in question are these z3~ ~ neighbors to make this something that would faok nice. 23 two lots right here, I'd like to bring several things z4 And now staff oppose it because it doesn't fit ur it z~ to y'ail's attention. I'm sure you already know all zs doesn't fit v~ith the way they would like to do business zs this. PI.~4N~liI~G AND ZDNfMG Q~u1h~IS~~N MARCH 25.209 Pare Q'~ t n ~fi ~ 1 ~  vv rv vv V ~ f ~ L f This is an aid zoning map I couldn't get 1 Thank you fvr your time. ~ my printer to work today. All of this area this is ~ CHAIR~Al1l INATI~I[~: Thank you for carnir~g. 3 the Rayzar Ranch development right here, to put this in 3 That's the cards that I have. Is there ~ perspective. And these are the two ants that we're a anyone else that wishes to speak? Please come forward discu~ing tonight. This is my borne lot. ~ to the microphone. Name and address piea~e, sir, Take ~ This has al! just recently been rezoned ~ your tirne and don't fail now. ~ Neighborhood Residential Mixed l1se. And ~ don't say ~ l~R, I~fCFAR~IIVG: INefi, I vuon't fall. I'm 8 that in a positive fashion. The reason that I bring s Bob Mcf=arcing. I live at 915 Manley. ~ that up is that this is at feast 50 acres that hays just ~ I think this would is r'eafly just spot ~o been rezone within the last six months, i believe. INhy zoning, I thinly it's inappropriate. The comparison was are we. going to rezone this half an acre right here? A ~i used far the medical offices on Scripture. One the i~ little over half an acre, I believe. south side of 15DU block of Scripture is all medical. . ~3 This just this house is this is an 13 But the north side of that block is zoned com~nerciaf. 14 alder neighborhood. I've been living in this The 1G00 block is rnedicai offices. ~5 neighborhood for 19 years. And my house here was built it affects only one residential property. . ~16 back in 195. You can't build houses today that match ~.G And it's an the south side. Everything on the east side this type of design. It's a well-built house. And I of it is zoned commercial. So Loth of Chase take the ~s appreciate the drawings that they've provided and the ~s entire bfock, not one or two. It takes the entire black architecture work that they've tried do. But they~re i~ as Mr. Drake was suggesting might be appropriate. v I Zo never going to match this. And to match it exactly, I av think it would be very disastrous for the neighborhood don't think that that's what the protection of the property values ~Z residential areas are all about. f~ut this iS not As Jerry pointed out, there's another ~3 complying with protecting the neighborhood. 23 vacant lot them behind lot two. If we get a medical I don't have anything against these guys. building in there, that lot is going to be useless. Na z~ They've been to my house many times. And I believe nine ~s one will build a residence there. That will isolate the 98 104 ~ times they've talked to mein my house. ~ house that's on the corner of the 900 block of Scripture ~ CI~AI~MAN VIIATKINS; Reaf~y? 2 e~CCUSe nee Stanley. That would have tD g0 s Nlf~. wTl.f~AfNS; Yes. There was something 3 commercial to find any use for +t. a said about nobody v~ranting to build a house on these two ~ one gentleman said, yes, this would be ~ lots. I've tried four tirr~es talking to Brad and Brock s better even than having rental properties. There are ~ to buy those two lots from them, And Y wouldn't get ~ three rental properties on the 9D0 block of Stanley now, ~ them rezoned. I guarantee you that. ~ They have not devalued at one bit. a that`s no good 8 Also, this originally started in X004 as a S argument. ~ 5,00 square foot medical .office that looked like this. ~ I think It's just spot zoning. It's 'They were using one lot. In our nest recent n'~eeting iD inappropdate. And it will devalue our homes. It would f 1 that we had a month ago, this was what was presented to 11 be a turn of good profit far these guys. But you have a us. And this was 7,500 square faat~ Today it's 8,000 a~2 choice of whether to give thern a big profit or devalue ~a square foot. This is all their own documentation. 13 our homes, Thank you. So I'm telling you, this thing is going to t~ CHAIRMAN vVATICIN: Thank you for coming, end up being no telling how big. They can't even make i~ Alf right. Is there anyone else that would up their mind. And it's been talked about as a medical ~s like to speak to this for or against? f=or or against? ofhce, but it's also been talked about as a day care Anyone wish to speak? Okay. center, That was proposed, Don't take my word for it. ~s I'll stop the pub#ic rneeting public Ask them. They'll able to rebut. t~ hearing. 20 one other item. There was a listing price 2~1 MR, CUNNING~IAM: l~hat I wanted to say to fat' this property approximately three years ago, ~f the gentleman I think his name is Brad. In the black zz ~Z79,00D. A year ago it was $5I.4,040~ Vl~hen I bought 22 jacket. Fle said that when he spoke with staff, he that up to Brad and Brock they had their Realtor take it 23 couldn°t find anyone to disagree that the area i not ~4 off their IJllel~ite. Nobody knows haw much it's far sale 2~ changing. I'll go an the t°e~cord and say that is true. for today. They paid about 80 gland fvr it. ~s StafF does recognize that the area out there is PLANN~NC AND TONING CO~ull~l~5lON MARCH 25 ~O[~9 Para G7 +n 1 CC of 9 ~I ~  ~U%.F %Or m RLF %F a poi t changing. Staff is not in ~ position to per se a ~ buildlr~g. It is ~ pretty building. Isn't it nice to ~ medical use within the area yr NRI~O within the area. ~ have medical facilities near a hospital: It is nice to 3 There is~ ~Nl~'lu within the area as you can see on the a have medical facilities near a hospital. Would you want ~ zoning map across the street from it. ~ to build a home there? No, I would not. Do you see ~ Vvhat staff is apposed to is concerned ~ medical uses in the future of this area? frankly, I s with is the use of an Overlay to create a commercial ar ~ think I da ~ a nonresidential zone within an existing established ~ xt's not the end goal of putting up a ~ residential zoning district. And that's our concern is s medical building an these tu~o lots that I think is the ~ that we`re using a process to create a zoning and to put ~ problem here. You know, it's R- the elevation looks ~o into the put into a .residential zoning district. io really nice. And I could see how it might be a nice 1~ The applicant also said that this is the future use for that. But the process involved of ~z only tool available to him. 1Nell, quite frankly, when rezoning is one in which you take a disciplined ~.s the applicant bought the properly, it was zoned. ~t was approach. You look at all of the uses. You look at the not coned commercial. It was zoned for residential. So area as a whole. You don't look at lot by lot in ~5 the applicant knew what he was purchasing. fs isolation. 1~ There's also there was also the comment And all ~ have been suggesting is that this that new houses cannot be built there today. That is may bean entirely good use, not only for this lot, but ~s the same to say that we have a historic district and ~s for the other lots up and down Bonnie Brae Street. And there are vacant properkies w#thin the historic i9 I think that the appropriate way to do this from a district, then we can use an Overlay to put r}on~histaric zo process,ariented standpoint is to look at all ~ those houses within a historic district because we can't build ~1 uses and see whether it's appropriate to establish uses 2~ houses that might have the appearance of thc~sse that are far all pf those houses on Bennie Brae Street. ~3 in a histarrc district. I donut necessarily know if z3 Maybe they all should allow for rnedical that is a correct statement ar not. use. Maybe there should be a mixture of uses. Maybe ~5 And, again, yes, I acknowledge that the ~S there should be, you knout, a mixture of resrden~at and 1~~ i area is changing. And one more point, that they're ~ ofhce uses with a walkable orientation similar to ~ we asked about available properties within the vicinity. 2 whatts across the street or proposed across the street ~ And what I was told is that, yes, there are available ~ for Rayzor ranch. ~ properties; however, if ~vhat they're proposing, if the ~ I think it's something that needs to be s afhce if they build on those properties, then they ~ looked at from a larger perspective and nit from the 6 world have to adhere to the restri~tlpn of the properky ~ standpoint of ari individual lot particularly far a owner. And there was same restr7ction that they i establishing an Dveriay. 8 necessarily couldn't comply with, but did not want to ~ OHAIf~MAfV WATI~YNS: Yes, day? 9 comply with. ~ COI~MISSION~f~ THOMAS. I don't even really ~o But, again, yes, I will goon record again ~D kno~r whereto start. I have been here two-and-a-half and saY, Yes, the area is changing. And we recognize ~s years. lllfe've seen Ivts of cases. INe have used Overlays 1~ that. And we're not saying that the use is incompatible ~z an tracts of land. Granted, have they normally been ~ within the overall area. What staff is saying is that 13 over an acre? Yes, they have. But we have used put in the I~fRMU right in the midst of that established ~.a Overlays in the process of rezoning many tir•ne~, Vlfhy is single-family residential zoning district is what we're i~ this one prejudiced because it's a smaller tract? I'm concerned Wit#~ and is what we are opposed to, still not sure. Vvhy are we now bringing this up when OHAIRMAfV VI~ATKiII~S; All right. Yes? we've done this so many times? I've read it. 1~ MR. I]f~AIC~: Let me just add in here that Y You know, we've had presentation, quite think that as far as legal is concerned, we would have hanestlyf from the man who grate it. I for the life ao .one other concern, as well. Let me just sur~rnan2e it ~70 of nom, I don't understand why this prejudice has just zi this way. Sony people are process-oriented, same people novwr cone up. And I'm saying this completely devoid of za are goal-oriented. When it Carnes to zoning issues and a this particular case. It could be another one acre or number of legal issues, you have to be process-oriented z3 one lot ar in this case two .lots. And we haven't ~ And I think that a lot of the debate experienced this before. tonight has been around I mean, it's a pretty ~s I you know, I work in this field and I PLANNi~G Ah~D ZONI~~ co~~isror~ ~ MARCH ~5 x3n~ r~~na ~ ~ ~ ~ ~ ~ ~  I IIA i don't thinfc I'm being that dense, iJnfartur~ately, i protected. And I think it's redly a goad neigfrbvrhood, ~ sarcasm does not transcribe very well. Bul: heaven 2 ~ don't know of anywhere else I'd rather live. I don't 3 forbid, let's never change anything, 1JI1e're trying to 3 think #hat this will bother #hat much, This will go in ~ become a medical destination, I understand the ~ be#ween the welking pa#h Pram that park, Mcltenna Park, ~ neighbors' point of view, But I also don't see that it ~ to Norkh fakes Dark. o it's going to generate a lot of 5 is spot zoning. There is that coning directly across G foot traffic and bicycle traffic and whatnot when that's the street that has changed wi#hir~ the last year to 18 ~ built, And I think it will, It may not be in my S months, But the neighborhood is going to change. Acrd 8 lifetime. but it will be built because it=s an the 9 why staff at this time has came out in this manner when 9 boards, in previous cases we didn't hear this kind of prejudice ~o As I say, I've got a I've got mixed li towards #hat and we did not experience anything like emotions. But this that's the Ewing place, Me owned 12 this, I'm jolt completely curious as to wha# the 12 all four lots. He .lived in the brick house, I can ~3 si#uation is. ~3 remember the swimming parties they lead. file's gone. His 14 CDMMIB~IONER SING: I agree with Dr. f4 wife's gone, And ~ thank the kids are still maybe ~5 Schaake and what she stated before we gat this seemed 15 alive, but they don't live aver there, not going to, x6 to be the only foal that he got coached ta, I think i~ And whoever moved into that house, that was a junk yard, 17 svrnetimes staff is supposed to help them get advised an 17 Pardon my saying so. cut the other day when I went by, ~8 ways to accomplish things, if that's a perceived end ~8 it's been Cleaned tip. It's beery mowed, It really lacks 19 result, And I agree with day. t don't know why we 19 nice. So that would be three of those four Iots if we 20 couldn'# possibly approve this and pot a limitation an ?0 gave approval to this, . 2~ designated medical bUlldings, $,a00 square foot rnaximurr~, 21 blCay. I'm carry, I didn't mean to take up ~x with the .roof limitation as presented. In fact sa much of your time, But I'm going to make a motion to 23 COMMI~~ICNER ANDERSEN: Now, you knave, ~3 approve. 2~ there's years where we didn't have doctors and people 24 COMMISSIONER CHAAKE; I'm going to second, that were working in those kinds of fields, And I think ~5 CHAIRMAN 1NATICINS: Okay. 14~ I.08 ~ we need to make sure that we have plenty of it. ~ COMMISSIONER CHAAKE; However, I would ~ CHAYIIAN 1NAT1CIN5: Anyone else? ~ like to be sure that we incorporate the 8,00 the ~ u~e~{, I have mixed feelings, When this ~ one-story, . ~ came forth before, I voted against it. And it's ~ CHAIRMAN ~IATKIN Very goad. 5 surprising #o lack on the board and see that the person 5 COl~1MISSIDNER ~CHAAKE: And that it will be ~ that bra.~ght it forward last .time. is against it this ~ a nom~al doctor's office hvur~, ~ time, But that's only to be in homer because I live in 7 CHAIRMAN WATICINS: okay, I don't have any 8 a r~eighborhaad qui#e a few blocks away. ~ problem with that. 9 But, nevertheless, I've lived there for 9 MR. REICHHART: The restrictions, the Iot 39 years, o ~ have a little bit of an ideal what's 10 coverage that we had offered up during the presentatian~ going on over there. Raynor Ranch changed everytllir~g. ii ~OMMISSI~NER CHAAKE: 1!Ilhat they have 1~ It may not have yet, but it will. Believe me. I 12 offered up seemed to put it much more in Ilne with the 13 remember when Bonnie Brae had bar ditches dawn the side residential neighborhood, That would be ideal, of it, A little narrow #wo lane. i~ CHAIRMAN WATKINS: Artyane else have fell, I live on the end of Stanley that has 15 anything they wish #o add or take away or subtract? And #.6 medical destinations o€~ Bonnie Brae. Cook's clinic is !6 I'm sorry about taking up your time, Please vote an the i7 over there, as well as the church that's now a doctor's 17 board. That's six, ~.S office, And I can honestly say that we've had na iB COMl~ISIUNER LYlCE: I'm a process girl. 19 problems. Nowt I don't know whether it Eras increased or 19 What can I say? I'm a ~racess girl. decreased the value of our Dame. And I would oat ~D pretend to tell you tha# because I have no earthly idea, ~1 I plan vn leaving this world a# that address. Well, I ~3 d0. I lived there ~9 years. That's long enough to say ~3 Z~ you Iike it. ~5 I would like #o see the neighborhood 25 PIANNINC AND ~ON1NG CD~JiNIISSI~~I h~ARCH 7s ~n~~ Par~~a ~ to ~ fl~r n~ ~ ~ 7  f 4++~. v tirv L{.I a VV V 4 ! -I f _ s:lour ~~cu~ent~lordinanc~slo91z~9-04~~.dac EXHIBIT 11 ORDINANCE NO. AN ORDINANCE THE ITS 0~` DENTON, TEA, PROVIDING FOR A ~ONIN HANC~E FROM THE NEIGHBORHOOD RESIDENTIAL ~ ~NR-~ ~OMN DITRI~T LA~IPIATION AND LTE I~ESYNATION TO THE NE~HBORH~OD REENTIAL I.ED ~ ~N~MU} ~ONIN DYTRI~T LA IFIATION AND USE DEINATION, WITH A.N OVERLAY DITRIT, OMPR~Il~ APPRO~IIVIATELY ~.54~ ACRE OF LAND LOCATED ON THE NORTHEAST CORNER OF BONNIE BRAE AND P LE STREET, IN THE CITY OF DENTON, DENTON BOUNTY, TEA; PR.OVIDI~TC POR PENALTY Il~ THEM AMOUNT OF $2,a~~.~0 POR VIOLATIONS THEREOF, PROVIDE FOR E'~ERABILITY AND AN EFFETI~E DATE. 1 } wHEREA, 4a Properties Ltd.IBrad Andrus irit~a~ted a change zan~ng far approximately X47 acres of land legally described as Lots I ar~d block L of the Parkway Addition ~hereir~aer, the "Proper'}, frorrl the Neighborhood Residential ~NR-3} ~oniu.g district classi~icatian and use designation to the Neighborhood Residential 1Vlixed Use zoning district classification and use designation, with an overlay district; and wHEREA~ on March ~5, ~0~~}the Alarming and honing onissian concluded a public hearing as required b~ Iaw, and recome~.ded approval of the .requested char a in Bonin • and g~ wI~ERE,AS, the pity ouncit finds the change in coning is consistent with the Cornpreher~sive Plan; NOw, THEREFOR, ~ ' THE OUNIL OF THE CITY OP DENTON HEREBY ORDAIN: SECTION l . The ~nd~ngs aid rec~tatlons contalr~ed ~n the preamble of thrs ordYnance are incorporated herein by reference. SECTION The zoning d~str~ct classrfxcat~en and use deslutlan afthe PrapertY ~ hereby changed from the Neighborhood Residential 3 ~NR-~} caning district classification. and use designation to a Neighborhood Residential Mixed Use coning district classification and use ~ deslgnat~on, with an overlay district xmpasing the follawin li.~tatiar~s: a. ledlcal office building onl~r b. Limited to ore-stork c. Open only during regular business hours of a medical office ~7.0~ am to 7:aa prn} d. axun~ Lot coverage shall be 7~°Io e. Minin~u. Landscape Area shall be ~~°/a f. 1Vlinin~unl Percent Tree Canopy coverage shall be SQ°Io g. Maximum Building Height shad be 44 feet h. Minimum 15 - feet landscape buffer to the west i. Minimurr~ 15-feet landscape buffer to the north and south j. Maxin~un~ 8,aa~ square foot building k. Building design shall match adjacent residential design 1, Building design shall incorporate architectural elements such as awnin s extend g , ed overhangs, cal~.mns or shutters ~n, Building design shall incorporate alternating raof plate heights n, Building design shall incorporate a ~nirdn~um 1 a°/o window area on Bonnie Brae and panhandle o, Building design shall incorporate double insulated windows with thermal break and na n~irrared glass p. 1Vlaxirnun~ 1 l ~ roof slope q. The roofing material of the building shall be a 30 year ~nin~nu~na composite shingle r, Bu1ld~ng design shall incorporate doors facing BDnn1e Brae and Panhandle s, Building design shall incorporate 1 ~~°I~ masonry bricl~, stone, ar can~binatian ofboth t. 1V~axirriurn two color parnt exter~ar color scherr~e u, All mechanical raof venting equipment shall be located ~o the rear of the building l~atwithstandin the attached real property description, the propel being rezoned includes all property to the centerline ofall adjacent streetrights-of way The pity's of~~1a~ zoning snap 1~ amended to show the Change 1n zoning district classification, ETI~N Yf any provision of this ordinance or the a lication thereof to an . pp y person or c~rcu~nstance 1s held invalid by any court, such invaXidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. ET~~~ 5. Any person violating any provision afthis ordinance shall, upon canviction,~ be fined a Burn not exceeding 2,0~~.0~. Each day that a provision ofthis ordinance is violated shall constitute a separate and distinct offense. E~T~~I~ This ordinance shall become effective fourteen ~ 14} days from the date of its passage, and the pity secretary is hereby directed to cause the caption of this ordinance to be published twice in the Benton record-~hranicle, a daily newspaper published in the pity ofDentan, Texas, withia~ ten 0} days of the date of its passage. QED ADD ApPR~ED this the ~ day of , Zak, AR,I~ A, B~JR~U~~,1VIAY~~ ATTEST: ~ENN~F'E wALTERS, CITY SERETA.~Y B~Y:  i ~:lou~r ~~cume~~lordi~an~esl~~l~~9-~0~1.doc A.PPR~~~D T~ L~A,L F~~: A1TA B~C]E IT ~NE~ J I r~~J~  i . AI~DA INF~RIVIATI~N H~~T AGENDA DATA: April 2 ~ , 209 DEPATl1~ENT: Legal Depar~m.ent CIVIIDCIV~IA.C Anlta BU.rgess, City Attorney UB~E~T: Consider adoption of an ordinance of the City of Denton, Texas approving an xnterlocal cooperation agreement grar~.ting an easement to the Denton County Transportation Authority {DCTA~ on the Denton Branch Rail Trail for the purpose of buildin a ublic ~ p commuter rail line. ~A~~U~I~: The Denton County Tranportat~or~ Autho~.ty ~DCTA} has requested the use off' Denton darks and ~ecreatior~ property for the purpose of prodding public passenger rail transportation services in Denton County. ~PTYON: Approve, deny, or table the action. Drabs of the action are included in the Crty Attorney's status report off' April 17, . R~~OIVINI~NDATI~N: staff reeornn~ends an update in executive session. Respectfully submitted, c An1ta Burgess, City Attorney S:lOur Dacumen~slMi~cellaneaus1~91042109 ~,IS DCTA.doc  i AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - Z08-0023 (Robson Ranch Detail Plan-Gas Well Park G) Consider adoption of an ordinance approving a detail plan amendment for one gas well park 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. (Gas Well Park G) (Tabled from April 7, 2009) BACKGROUND The applicant (Landmark Surveyors, LLC, of Denton, Texas) submitted a detail plan to construct five (5) gas well parks and an associated salt water storage tank facility on property located within PD-173. This proposal was reviewed by City Council on April 7, 2009. At this meeting, the City Council adopted an ordinance approving three of the five gas well parks and the associated storage tank facility. The Council further recommended that the operator of the proposed gas wells, Encana ail & Gas (USA), Inc, and property owners within the Robson Ranch Development meet to discuss the concerns raised by residents. Specifically, concerns were brought forward about the proximity of the proposed location of gas well park "G" to existing single family homes (see Exhibit's 2 and 5). 0n April 15, 2009, representatives from Encana and Robson Ranch organized a meeting per Council's recommendation and staff was in attendance. Encana representatives presented information about gas well drilling activities within Robson Ranch, including locations of approved gas wells and the proposed location of gas well park "G". Questions from residents included requests for general information on gas well drilling operations and water usage for the gas wells. The discussions regarding gas well park "G" were mainly related to moving the location of the park further away from adjacent homes. The operator did not have a definite answer for the residents on the issue. However, the operator assured the residents that there were experts in the field conducting a feasibility study to possibly relocate the facility. The representatives stated they will be ready to submit such information to the City Council on April 21, 2009. There was no consensus reached pertaining to the location of gas park "G" at the meeting. Staff was informed by the applicant on the afternoon of April 17, 2009, that a new location is being finalized for park "G" that will be further away from existing residences. According to the applicant, revised plans should be available prior to the Council meeting April 21 ~ 2009. OPTIONS 1. Approve as submitted. 2. Approve subj ect to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION 0n March 11, 2009, the Planning and Zoning Commission recommended approval of this Detail Plan request (including gas well park "G") (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:OOam 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 Photo s 8. Letter From the Applicant 9. Proposed Gas Well Detail Plan 10. Neighborhood Summary Meeting Emailed to Staff 11. March 11, 2009 Planning and Zoning Commission Minutes 12.Ordinance Respectfully submitted: rF ~ for: Mark Cunningham, AICP Director of Planning and Development Prepared by: „ ; ~ . _ Nana Appiah Senior Planner EXHIBIT 1 PLANNING DEPARTMENT STAFFANALYSIS CASE NO.: Z08-0023 DATE TO BE CONSIDERED: April 21, 2009 LOCATION: Planned Development District (PD No.173}, Robson Ranch is located west of I -35VV, south of FM 2449 and north of Robson Ranch Road. APPLICANT: Encana ail & 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. ZONING DISTRICT: The subject sites are located within a Planned Development (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 site is currently undeveloped. Gas Park "G" 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 relevant comments. All the DRC comments were addressed by the applicant. 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. 3. Off site information. Adjacent or surrounding land uses, 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. 4. Traffic and transportation. The location and size of all streets, 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. 5. Building. The location, maximum height, and minimum setbacks for all buildings, and if nonresidential, the maximum total floor area. This requirement has been met. No buildings are proposed as part of t is 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. 7. Water and drainage. The location of all creeks, ponds, lakes, 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. 9. Tree and landscaping. The protected trees and a landscape 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). l0.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 asix- 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. 13. Sidewalks and bike paths. Sidewalks or other improved ways 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 I i' ~i , i I i ~ 1 { i i 4 j { I i ~ I~ i I i I ~ LI.J i ~ ~ i W , i ~ ~ i j ~ i ~ { ~ ~ i 1 i i a i ~ - e . Ui ` ~I i i r _ ~ ~ I i , ~ ~ ~ _ I I I i I I I f'~ h'I I, i ~ c I I i~ ~ I C:: in, r~ ~ ~ t~ , fl. ~ ~I I i i ~~1 I i ~ IJ i 1 li i i _ _ _ . ! p ~I i , ~5~, ~ I r.'; r~ q r ';i ~ ~ ~ ~ r~ ~ ~ r r'~ i ; ~ ! ` a ~1 i I~'~. `rte ~ .r. ~ 1, ~ ~ ~ i i i` ~ ~ i I ~ v-.'; r~,r ~ J , ~ ~ ~ ~F, <<, ~ hL ~ } _ i i ~ ~ ~ ~ ~ ~ ~ t,. s } ~Yl ~ I° s'~ t a" 4,C, ~ , ~ t,A .J r ~ i ~ ~ h~l~ ~.r v r ~ 7, ~ ~ 1 i ~ ~ r,. ~ I i ~ ~ ~ , i ~ h ~l I f-',,~ I { j I ~u. 1 i ' i ~ Legend: (ST} -Storage Tank (D, E, F, G and H}-Gas Well Parks EXHIBIT 3 Zoning Map ~ ' i ~ ~ j ~ p - i _ r F i 1' ' _ { -...L.. ~1 j '1 ~ _ ~ I I~ u.o ~ ~ .m ~ , ~ J i' ^ i i~I . - i n i I i l~ - ` . ~ ~ i :,7 I ' L r 4a: ~ ~ i, i i I , f' I I' f I i ^ I i ~ i ~ t ~ ii Legend: (ST) -Storage Tank (D, E, F, G and H) -Gas Well Parks (PD)-Planned Development EXHIBIT 4 Future Land Use Map Ru ral Areas . a ..,k..~ i i. 7 I I Ih~~~ ~I rI ~,_T I _ ~ i Nei hborho ~ d Center g r r i, ~ti,;,i ~ I 7 i~ ~ i i ~ _ ~ t r {i ~ _ i 6_,~ II iI! '~i ~ ~ _ i i Legend: (ST} -Storage Tank (D, E, F, G and H-Gas Well Parks EXHIBIT 5 Notification Information for Gas Well Park G fi ~ ~ I ; N; F. ~ r,, ! a SITE Public Notification Date 9/29/08 200' Legal Notices sent via Certified Mail: 3 500' Courtesy Notices sent via Regular Mail: Number of responses to 200' Legal Notice ■ In Opposition 3 ■ In Favor 1 ■ Neutral (1 ~ I i i t is f.F a.atl ~ E ~ 4.11 C~ ~~~,/}r~~ j/j/■■■ 1 E'' ~ ~.,~~~~~J~~'~a r a , ~ Not to ~c~lo rr_ ~~~a~~i Ft rJot~t,c~tion ~~ite EXHIBIT 6 Responses to Public Hearing Notice for Gas Well Park "G" _ . _w _ _ I ~~tail F~I,~t~ 'i ~ ~ alt` ~]~t11}~illl'! ~IIlt1 t"~1~I1111!' ~ t}Il111~~w~1t?11 t~f ~~lt Ill (1; ~)4'il~~)11 111~~ ~115~~~ ~}l!'.)~l~ ~l~'fiilll" ('~I1 ~~t`f~Nl$`4(~e11, ~~~}I"t~l p. ,,1`i1~j ~,tlll~l~le'1 111~1~~~11' sl I.`t'(}Illl~l~."fit.~~l~1t111 ll~ Ill' ~ 1~~, ~ t?,Illl'~~ ;i,`;'~lit~ll~'.' t ~t."I,I~~~`E~ ~~l41f1 ft1 41i~('t~ti 111' [~1~.` J J ` l~~'l<<~4.1~71i~~'111_ 4~t ~ll l` ii~1g t1 ~"I`~ i1111~ ~l ~~011' " r i• r- ~ 1 e ~1,~~_' 1~141~ `III~I~JI~ !'Il ~~,4}~~~,',l\ ~~t~,l(L'~f 1'= il~lli~ 11 ~ Fkill~l~'~~ C)~"~,~'~ti~1111'il( r 7,_ ~ , ~ l ~t91~ I ~°`G117i'~1 ~ f~atfll~`i~ ~ill~~ " ~ r ~ ( l~` 11~,R.:` ,Crl`7 ~'b~e~~w ~1~~ ;_1(1J~I~.y.~,lIllllls'~~ I'll' ;lt'llY~, ~;tll >'iC ~ ~.Y,. ~ k ~ 4 111F1... ~ 1°y I li'f, ~ ~ ~ ~,Ll~f~. 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X 3q ~'.'q x y 6.... ~ ~ ~ ~ a" ~ ~ , , r . . X, $ ~ ~ w , .N r n, r a ~ ~ . , b , r~ ..9 ~ ~ ~ . e ~ i xg ~ / 1 F ~ x •'nA ~ / J ~ ~A' a Y~ x ~ u ~ ~ Y ~ ~ F ~ _ I r ~ ~ ~ P- b-;, [ . .M'^ ~ t~ ~ ~ f x' r 9 Y 4 ~ ~ ~ ~ ~ ~ ~ ~ ,.br` .tr n. ; , - ! ~ T ~ rn ~.w :J~Nx ~r 1, Nr,rirr~r.~ H ~ ~ m ~ } i x4 6 ~ 4 g. ` ~ 4 J` ~ hry 8r 5qx: ps-. . ~ :w it i s y ~ ~f 5; e li u 1 ~ *v C ~ ~a p' r u ~ ~ s" ~t ,v' a N ~ ~ ~ v6 ~ 3t ~ Yrr.nc.ub r ~ ~ p,,-. , „ , a:,. < r" a ~ 1. F ~ ~ ~ <io. ~ r r «a j I ~ y ~ , y r J n ~ ` ~ ~ k { n ~ a m~ r~ a ~ . ~ , ~ ~ w a'~ .y, F,~',..~.., ~ P ~ sad.. ~ ~ r~ " ` t. . ~ a S~ a td; ~ k ~ ~,w, << _ Exhibit 10 Neighborhood Meeting Summary Emailed to Staff From: Harris, John L. ~John,Harris~encana.com] Sent: Tuesr~ay, February 24, 2009 4,42 PM To: Appiah, Nana K, Cc: V1lilson, Russell M. (Da11~s}; Scho~enroth, Trevor; larry~a sbplanning. not Sib;eet: Robson Ranch Community Meeting sponsored by RnCana Hero; As mentioned in our phone call, we had an open meeting for the Robson Homeowners last Tuesday, February 11`x' at 6:30 PM, I can teal you we offered a brief overview of where we were in the current process on Pad "A" & "B", We also, outlined our future plans for further development and referenced the Plans currently submitted to the City of Denton, EnCana employees offered a "question & answer" session and many of the homeowners asl~ed questions, ONe then showed a 15- rninute movie on the Barnett Shale and the drilling of the we11, Affierward, many of stayed around to speak with the homeowners, I am proud to say a couple of homeowners stood up and complimented how EnCana operated on the property. We plan to continue such Community meetings later this year, ~ hand Negotiator FnCana Oil & Gas (USA) Inc. 214!242-7274 John,Harris~~~n~n~:~9.~? This email com~munic~ation and any files transmitted with it may contain con6d~ential an~~ or proprietary information and is provided far the use ofthe inter7ded recipient only. Any review, retransmissi©n or dissem;nation of this information by anyone other than the intended recipient is prohibiked. I€ you receive this email in error; please contact the sender arrd delete this communication and any copies imrned~iately. 3`hank you. http~l~rrww encan~a com 71 ~ CHAIRI~IAN 1NATKINS: Dkay. ~.et's move along ~ D. This is looking northwest to has Park F and the ~ to Public Hearing 4A. A Detail Pion to allow for the z storage tank. And most of these gas wells ar almost all ~ development of five gas wells and astorage tank ~ of them, ti'rere i nothing that is vacant. There is ~ facility on a property located within a Planned 4 nothing developed the site. This is looking south again ~ Development Robson Ranch Development, PD-1~3} caning s from Cas Park This is looking north towards Park G s District. The five gas wells are a~pproxlmately ~ and H. This is looking towards Park and H again. ~ five acres each. The first gas well park is located ~ As part of the requirement, it's a legal 8 northwest of Ed Robson Boulevard. This would be 8 requirement for meta send notices to property owners 9 ~a8-aa~. Please, go ahead. 9 within ADO feet. Four notices were sent oat. Antl out 1~ MR. APPTAH; food evening. For the record, ~o of these four, one was Robon Ranch Development, itself. Nana Appiah, again, with the Planning Department. i~ And the three were property owners living in Robson The request before you is a Detail Plan to Ranch, And we received three letters in apposition from allow the development of five gas well' parks and a 13 all these residents that received notification notices. 14 storage tank facility on a property currently zoned i4 Also, we sent out courtesy notices to all Prol~Y is PD-17~. 15 owners within Robson Ranch, iG This is the lacatiarr map showing the 16 used on the criteria in Subchapter 35-154 boundaries of Robson Ra~rchr. And Babson Ranch ~D is 19 of Article 4, which is tyre old coning ordinance i8 located orr tyre on west of 135 west. As we can see 18 approving this PD and Subchapter 35-~5 of the Denton 19 on this map, the blacl~ sectors are the proposed gas park ~9 Develaprnerrt Cade, staff recommends approval of this zo sites, And I will show you more as i ga through my zo Detail Plan with the following canditiarrs. And I'll go 21 presentation. Again, the future Ind use designation is 2~ ahead and read the conditions And, again, after Neighborhood Centers, The coning designation, again, is meeting again with the applicant, some of the conditions PD-173. ■Y~r~ ~trike~ autr z4 And if talking about the location of the z4 I'll read the conditions. Condition No. zs gas wells, these are the proposed gas well iocatlorrs ar ~s the mineral estate 1'rolder and its agents, employees, and 70 7~ ~ gas park locations. And staff has a canditi~an which is ~ assigns shall not have access to or from well sites D i 2 going to tie t~rese gas park locations the proposed 2 and E except from the northern portion of the Robson 3 locations instead of allowing them to be placed or 3 Ranch Plan€red Develapmer~t, alar~g the mast direct pithy ~ vary, 4 and shall instruct all operators, service providers, and s Again, talking about the history of gas 5 delivery services to confine their access to and from B parks in Robson Ranch a I discussed earlier with my G the welt sites, from the northern portion of the Robson ~ presentation, this there was a Concept Plan approved ~ Ranch Planned Development only. s which allowed gas well developrnerrts within Babson Ranch. s Condition No. This is a new condition 9 And as part of this Concept Plan, there was a condition ~ which I placed a copy on your desk, For well sites F, iQ that the applicant or Robson Ranch Developers shall came iD G, and k~ sorry, For well sites, F, , H, a.nd the ~i in with a Detail Plan to allow the actual drilling of t~ storage tank facility, the mineral es~te holder and its 12 the gas well parks. 1~ agents, employees, arrd assigns shall not have access to This is a Detail Plan that was submitted by 13 or frorr~ the well sites from the sites I'm sorry to 14 the applicant showing the gas parks, These are five gas 14 or from the developed portion of Robson Ranch Planned is well parks. Dr Fr and H, and the storage tank Development. The applicant or operator of the gas well ifi facility, which we have discussed earlier. These are ifi ~ shall enter into a road remediation agreement for access the Detail Plan requirements. Tire applicant met this on Robson Ranch Road as outlined in Subchapter of the 18 requir~rrrent as part of this application. 18 Denton Development Code. 19 As part of the application, the applicant Three, the mineral estate holder ar~d its ~o also submitted a landscape plan for bath gas wells. ~o agents, employees, and assigns shall prohibit access to Andy as we can see, these are the landscape plans for 21 or from the well sites outside the hours of 8:U4 a.r~. to has Park D. This is a landscape plan for Cos Park ~z 5:04 p.m, Monday through Friday and 1~:OD a.m~ to 5:~~ This is far F, the storage facility, has Park G, H= p.m. orr Satinlays and ~,ndays unless drilling operations ~4 This is a picture of the site looking north 24 are actively in progress at the particular site being 25 towards.east sorry. looking northeast towards Park ~S accessed. ANa ~o~~~ co~~~~~~u ~A~c~ ~ ~ , 2aos Paa~ to 7 of ~ ~ fi  ~ Four, the applicant shall install screening s over 5~~ feet to the back of their properties, And ~ fence and plant the trees and shrubs as shown on the ~ the same with H where 375 internally, and then ~~G. o 3 approved landscape plans within 3U days after drilling ~ a little over 500 feet for H, The conditions of ~ operations ar+e oamplete or during the first dormant ~ approval again, there's some clar~fication~ And if 5 season after drilling, if approved by the City Landscape 5 you need to strike the mineral estate holder again and ~ Administrator. 6 go with the lessee on all these just for a point of ~ Five, if approved screening ar landscaping ~ clarihcation. S is damaged or removed during interface of the ~ Ne. 2 what we'd dike to do is the ~ post-drilling or fracturing process, tfre operator of the ~ road mediation I think it's remediation agreement 10 gas well shall be responsible for replacing the damaged 10 to the extent we'd Tike to just this last part, it 11 or` removed portions of the landscaping. 11 says as outlined, We'd like tv say to the extent i~ Six, the Detail Gas 1Nell plan as submitted 12 required under the Denton Development Cade instead of as and shown in Exhibit S shall guide the development and i~ outlined. we'll do whatever is required in the Code, i+~ location of Gas well Parks E, F, G, H, and the 14 basically, is the point of clarifcaban. iS storage tank facility. Regarding the hours of operation. I'm Thank you. And I'll stand for questions. 16 sorry. The hours of operatian~, we don't have a problem CI~IAIRMAN VvATN: Any questions? with hose. Well, we have a little bit of a problem 18 I'll call Larry Reichhark then. with the ho€rrs. But what we do need to add in here, 19 NIR. RE~CHHART: Thank you. Larry i9 unless drilling operations are actively in progress, I ~ Reichhart, Spring Brook Planning Group, X405 Mustang think is are afthe that vue have to have. While 21 Dave In Grapevine, representing the applicant. ~i we're on the property --when we start d~limg, rr 5 a Just very quicldy. I'd like to paint out, ~4-hour opera~on. We can't leave at 5 o'clock and then z~ again, the hierarchy of the developments out here. We ~3 come back at ~':0~. While we're drilling, we have to be have ~-you know, the Concept Plan way amended to allow ~ allowed to be on the property. During the operation of zs gas wells. Vye have afew like seven now gas well 2s the well, typical dayRto-day stuff, that's fine, But 74 7b i parks that are Detailed plans that have been approved. i during the operation of the well it's unless drilling ~ Foe were ~-two were Encana, ~ operations are actively in progress. a When the Gas well Ordinance the eras a And them in the event of an emergency, we ~ amended to allow gas wells. They came up with this ~ have to be able to get to the site, We don't anticipate Detailt wells not Moser than a hundred feet from the ~ any. But we have to be able to get to the site any lime ~ residence. And, you know, 30U feet from place of ~ of day if ~here'S an emergency. And vue talked about ~ assembly. And, I believe, the gas well parks were hoe ~ that, I think, the last time. But we just want to make s acres in size. 1Ne meet and exceed all these ~ sure that gets put into the plan into the requirements. ~ requirements in the PD. We meet and exceed all the 9 Sa, you know, also, I thinlf, a lot of these is requirements of the Gas well Ordinance. iL~ --the lessee, lessee, lessee you know, what we'd is As a matter of fact and I know same ss like to say is in case of an emergency unless they're folks are here to specifically talk about G and H i~ currently being built. a with that, you know, ~'d be 13 because they're ttre ones that are right now Glaser to ~3 happy to answer any questions that you have. 14 it, same of the existing residents and the other ones. CHAIRMAN WATKINS: ~uestions~ Looks like 15 But bath G and H will be over tie wells, will be over 15 you summed it up pretty goad, Lary. 50~ feet from any residents, not the hundred font but Is there someone else from the development 17 5D4 feet. And we have the distances right hereon the that wishes to speak? ~B Detail plan, Dur surveyor did these yesterday make 18 MR. R~~CHHART: The are condition regarding 19 sure they're accurate. 19 access there's two ways to handle this we think. ~ But G within the pad y~ the physical ~o One, again, is adding a map to the plan. And Robson has property that we're developing and then the landscaping identified to us, also ~-you have zoom in this around it, that pad, the property is v~rithin X00 feet of 2~ part that~s heavily outlined is really what's the 2~ the residents. But the gas wells that we're developing 23 current developed portion oi' the P~pe~Y, And mother inside G is 370 feet from the property from our lease way to limit any of the mess to any of sites is, line, and then another 13~ feet you know, totalling ~5 basically, saying we're excluded from this area. Arid ~LANNI~I.G AND ZQNING CIMISl01~ MARCI~ 11, ~0~9 P~qE ~3 7fi ~f  w ~ i we're tine with that, tan. That gives us access to ~ back, And I think all of these show when you add ~ these, you know, along the south from rawfard Pram the 2 them all ups it is 500 feet give or take a foot on every ~ other ones from the north. 3 one of those, And that is our intention. And that is ~ Having a graphic in there whid~ we'll ~ under the ail and gas lease. 1Ne're required to do that. ~ have tQ clean up a little bit so it reproduces very well 5 a if anyone is concerned --and f ~ in black and white is also another way to dQ that to ~ understand their concerns that big box will be x make it crystal clear we're not getting into this area x reclaimed after we finish drilling, and those wells will s of Babson lynch. Peuad. That's vuhat Robson has told s be, as I said, quite a ways away. Any questions after ~ us. That's what we're going to do. 9 that? 1~ ~ And instead of having two Conditions, we iD CHAIRMAN wATKIN: Any questions? Thank can just, yQU know, wordsmith that If you're allowed 11 you Very much, i~ if you'll allow us, we could wordsmith it with staff and 12 MR. HARRIS: Thank you. carne up with the best alternative ~ present. We`re CHAIRMAN wA~'l~N: l~art~n Varza. looking for the same thing on that. There`s na GARZA: Partin Garlar 1~~~ ~la~n, disagreement an ~ how we get there. But what's the best Dallas, Texas. I11Iith respect to the second requirement if way to shag it"? Is it graphically? Cdr is it through iG in the developed portionf I think what we had the 17 wards? And that's totally up to you, ~7 issue we had there was the, shall not have any access to But, other than that, I'd be happy to ar Pram the sites through any developed portion of 19 answer questions ar confuse you rriare, whatever it is. Robson Ranch lalanned Development. MR. I IA~RiJ. I'n~ I"I~rr~~ with Enfr~. A~ de~el~p~ner~t ~ur~ r~~~h~ut time, th~t 21 And rather than speaking in support in a minute, i`lf ~i developed portion will grow, and it will be unclear as just add the points here that we want to cover. to haw the wells will be able to be accessed far F, , 1Nhen 4h~ wen ti#~ pl~t wC~~ p~t upf ~t ~nU H. t~ Lhe ~~en~ ~h~~ m~~ ~ ~t~ r~n~ wasn't easily seen. But I want to explain as best I can 2~ suggestion was to allow t#~raugh to the extents and FI ~5 that all of the gas parks ~-yeah, all of the gas parks ~S and can be accessed through Robson Ranch Road. will it 7 BO i are approximately eve acres but required by Babson ~ .happen through there for f, it would be I believe from 2 fQr the benel:it of the con~mur~lty we must reclaim 2 the nosh whether or not it's been d~V~loped, ~ those properties when we're finished dulling down to a CHAIRMAN wA~`ICIN~: Okay. ~ o acres. o whin we get dawn to two cores, we will ~ MR. GAR~A: Okay, ~ and H would be s then fence them, and we will then plant landscaping ~ accessed through Robson, And I stand corrected. For F ~ around them. And at least in aacardanc~e to the City, if s it would be accessed through Robson, as well. o any x not mare according to Robson. ~ discussion about developed really isn't relevant in ~ The question that some will have abnut s here. And i would just suggest striking that from the 9 these gas pans in that southeast Darner of the property ~ condition. i~ where they may feel that they are close to drilling, the is CHAIRMAN wATKINS: Thank you. pad that we will build will Inok like it is less than 11 Clint McCaffree. 12 ~g4 feet from them. But, in fact, we have placed our MR. CAR~A: ~uestian? 13 wells by geology in the batkam corner of those and it is 13 CHAIRMAN 1NATKINS: That's pretky well it. my understanding that no home will have a gas well ~a Clint McCaffree. within 50a feet, which far exceeds the ~D. They are all MR. ~3RAICE: INe can't hear you, He calved in a row. I apologize that we can't blow this up 16 the name of McCafee. 17 enough. But these are where they're all IQCated. 17 CHAIRMAN wATKIN~: Clint McCaffree. 18 a when we finish, we will ga up there and 18 MR. MCCAFFREE: I don't have anything. Irm ~9 reclaim almost two acres right there. bang it back 19 here just in case there's any questions. zo its natural vegetative state, and we will just have a CHAIRMAN 1~IATIQN: Okay. Thank you. small pad here. And that is also an all of the rest of zi Sohn Harris, them, we will denote where all of those are, And in MR. HARRIS: I just spoke. ~3 the other parts of the community, although they may see z3 CHAIRMAN wATliIN Okay. Z+4 ~ pad slt~ Close t0 them, them 1~1~111 be no gaS wells 24 . R. 1'~arVey. 25 drilled in that shark ~a4-fact mark. They will all be ~5 N1R. HARVEY: l~falter Harvey here; Xs this ~o~~~ ~o~~~~or~ hIfARH 11. coos Pane ~r t~o ~~o o~ ~ ~ ~  _ , ,..:,...:r.: i being recorded? CHAIRMAN 1~IATKINS: Okay, ~ CHAIRMAN WATKxN; Yes. ~ MR. HARVEY: Furthermore, there are several ~ MR. HARVEY; Okay. Earlier an and I s sensitive environmental areas cut there. Have those ~ don't knovr if it's ferry Drake ar staff. I've heafd you ~ been addressed? Federal law have you folks here? ~ refer to adifferent ~ Have you folks? Arid you Talks? Have you considered 6 CHAIRMAN WATKIN; Address, please. ~ that? itnvironrnental sensitive areas. Because where 7 MR. HARVEY; What? 7 some of these are going, They're going to be in 8 CHAIRI~IAN WATKINS; Your address. 8 conflict. ~ MR, HARVEY; Robson Ranc#~, ~~9D~ Shalimar ~ The disclosure that I think the fellow Way, aenton, Texas. ~o backup here said that everybody out them was well ~t Staff indicated that there was only --and ~f aware of that. The disclosure that we gat showed one ~a an this map that you folks sent out there's already f2 map one well being drilled one well pad out there seven approved, there's five being considered tonight, in five areas. But I can tell you this for future and there's seven mare that are being considered in the t~ reference, oat everybody cut there signed that t~ future, ~ One of thane ire the future is within that f5 disclosure, That's all I got, restricted area. The gas park surface drilling CHAIRMAN WATKIN; Thank you. restricted area that you just put up here, MR, HARVEY: If you can answer thane 18 I'm an old farm boy ar~d old ranch bay, questions on haw you're going to deal with the 19 You're going to have to explain that to me when you said environmental protective area with all the wild life, 2D that there's only eve there and we've got seven already 20 the blue herons, the v~rhite herons, the coyotes, even, approved, we've got dive mare tonight, and you have and all'that other stuff, And haw you can possibly seven mare on your map that you're going to consider in ~z provide this map to we, the people, and it shows nn ~3 the future, And one of thane happens to be or two of 23 there that you're already in violation of restricted z4 those I should say are in the restrict area, Can anyone area, Please answer that. 2S explain that to me? 25 CHAIRMAN VIIATICI~dS: Thank you. 82 8~ 1 MR. DRA~CE: I can explain part of it, V~hen ~ Harold 1=fisher, ~ I was talking about the five that were approved, I was ~ MR, FISHER; I don't have anything to say, 3 talking about on a particular event that there was a 3 I just got up earlier and said what I had to say, ~ particular Detail Plan that approved five of them. back 4 CHAIRMAIti WATICII~IS: Okay. Thank you, sir. ~ in ~OD3, There was a Detail Plan toapprove s Bab Blizzard. 6 MR. HARVEY: That was October 7th? G MR. BLIZZARD. My name is Bob Blizzard, ~ MR. DRAKE; October 7th, ~D4~. According 7 9617 Linder~waQd Trail, Denton, Texas. 8 to the staff backup, there was a minor amendment in 8 CHAIRMAN WATKINS; Thank you, 9 2aaG, And then there was are approved Detail Plan to 9 MR. BLIZZARI]: Caad evening, Chair and ~o a11aw for the develapmer~t of two gas well parks in ~~aS mernbers of the Camrnission. Because my home was within if an November 4th, COS. They were both located on ~t tk~e ~0~ feet, am I limited to tk~ree minutes? Or do I Michelle Vllay, get the ~5-minute position? i,3 MR, HARVEY: ~IVell, again, can you explain 13 CHAIRMAN 1NATKIN: No. Three minutes, t4 the fact that there's already one well within the MR. BLIZZARD: I'm sorry to hear that, I'd t5 restricted area and there's another there's two more like to ask if the Commission received the letter I sent ~G proposed. fan anybody explain that? If what this with the legal notice that was sent to me that was gentleman said that it's a he can guarantee that it's 1~ returned to you. Chair can you answer if you gat a 18 a gas park surface drilling restrictive area and you're is copy of that letter that gave my reasons far appasitian~ never going to drill there. Cary anyone explain that? X9 COMMISSIONER CHAAKE: Yeah, It's here, 2D What d~a you say? Will you share the l:~rst name? ~D Right here. ~l CHAIRMAN 1NATKIN: Larry. MR. BLIZZARD: It's five pages. You do 3~ ~R. HARVEY: fan you explain that? Does he ~z have it? . z3 take part of my time or I still get it? Because I've 23 COMMISSIONER SCHAAICE: Yes. got mare ~a MR. BLIZZARD: Okay, Hopefully you can ~5 MR. REICHHART: I can come back and abut. 25 read that ire detail because there are a lot of issues of P~ANN~NG AMD ~QN1NG CaIHIMIS~DN MARCH ~ 9, 209 P~~e ~0 84 ~f 1 1 technicslities. And after I'd written that letter f enough time left, But I'm ~#sd you gat the copy of the z because we only had s very short period of time t did z letter. It not, I was able to pass it ol~t. I don't ~ some research an the Internet, And I found out that the 3 knave if she needs a copy or oat, but I can. I really 4 distance between all of the gas wells is t,~B~ feet. ~ would have like to have spent more time sorry but 4 5 Now, is G and H in compliance to that? 5 yal~'ve kind of put s barrier to that. ~ And the distance for property line is 4G~ G CHAIRMAN WArTl~ Thank you very much for ~ feetr snd they're saying But it says one well ~ your paints that you broaght out. 8 one wel# can probably take up to 40 acres. Ba you can ~ Is there anyone else~that wishes to speak 9 have two wells within 44 acres, o is there 8~ acres 9 on this item along that line with ~ and H? Can anyone confirrrl that? fo MR. CASH; I have a question. And all these questions that I'm asking srld ~i CHAIRMAN WATKIN: Ns~le snd address, the ones the were in there, I'm trying to encourage please. ~3 that if you can table this rather than make an outright f3 MR. CAFI~ My name is Wilfis Crash, And I ~4 decision without really #cnawing all the facts, Just f4 live at 10a1G Edmondson Drive. f5 like.the environment issue which I waned to bring up. 15 Cl'~AIRMAN WATiCIN~: Microphone. Microphone ~ Andy also, Denton Co€,nty had passed the ..y f~ right here, please, sir. f~ aerMton County had passed a construction bond far roads ~1~. CRSH": Ckay. M~ narn~ is ~ Cash. f8 snd Robson Road is to be widened to four lanes. And 18 And I live at ~~Oi~ Edmondson drive in Denton, f~ what irnpact will this have with the drilling snd tack My question is how many gas wells are going ~o trafbc? That should be considered. zo to be approved? I mean, we approved fore, Then we ~f And I understand t~lst maybe the wells area ~1 approved two. Now we're spprovang more. 1~hen sre we z~ necessity. But I think the Commission should look out going to stop? He drew a nice little line orf the map it for the welfare of the residents. And these gas wells z3 said this is protective area. llVell, s lot of people za don't have to be put in that portico#a~ area be~suse z4 #ive outside of that. It's like there's nobody lives on z~ they can dill horizontally a mile. That my pies is z5 the other side of Mlctlelie Vlfay. I'm sorry, I do. And 8~ 68 i to move those gas v~rells sway tram the homes that sre i there are a lot of other people out there. And ~ existing there. z everybody talks about G and irl. ~ And, also, we have more homes that are ~ INl'lat ab~o~rt health. Arid il= I ionic at this ~ going to be built. As you probably know, there's aver 4 little neap, which is was sent to us, this well right ~S homes. And they're supposed to have over 7,2Ca 5 there In the middle of about five ar six houses, So 6 homes at the end. And the fact that we have gas wells 6 what are we going to call the limits that we're going to ~ right in our backyard really affects the property value. ~ put these wells in at? And I k~►ow somebody said €t's S And, again, look out far the cit#zen. 8 already a done dell. We're going to drill the wells. ~ And the noise level, you have multiple 9 If that's the case, then we shouldn't have sent those i~ wells. one well might make so much noise. 1Nhen you iD letters out and let people Dome. it have m~itiple that's I would say wouldn't be CHAIRMAI`I VIfATKIIWS: Thank you. Yes, ma'am? ~2 unacceptable to the residents. I mean, you can call the f~ I+►lS. BPENCE. My name is Roserrlsry Bpence. I f~ police and say someone's playing the radio too loud, f3 live at 96~.~ ~indenwoad Trail. f4 But these noises that these gas wells make are much more f4 The first thing I want to say `is when he f5 than that. VVe should ask that the drilling be done only iS had the streets up there snd he showed the three red fG between certain hours and not have to do 247. We do f~ houses with the three letters, those were the only f7 need our rest at night. people who got certified letters. And those are the f8 And I wanted to know if there were soy 18 only houses on that street that sre left Ail the other f~ ,members of the Commission that dre associated with the ~g you see i, for future development. There's rio homes zo gas well industry. None? ~0 there, Curs are the last house on that street, zf CHAIRMAN ~IfATKIN~: Not that I know af, 21 Now, irl the future, Robsanr he can get zz i+►lR, BLI~~ARD: Okay, ~ Zz discounts on those tats. Arid he can sell those. But CHAIRMAN WATKYNB; Nat even remotely, ~3 what am Y going to do about my properky~ Mute, I've z~ ~ okay. 24 already paid all of my money to Robson. My property has ?S MR. BLIZZA#tD: o I'm sorry I didn't have 2~ lost its va#ue, PIAN~iII~G AIdD ~ONiN~ COMIUlSION MARCH 9 9 , ~8~l~ $5 of $  ~r~. ~.:~Sr-. gib"' ~:,..,:=s.~. w..c `~.p_ _ _ '03 ~'.r..~. .::fie': z. ~4 ~ t The second thing I want to say is when we i MR. R~ICHHART: That was the that was 2 purchased our land ar our lot, we were told that there ~ the one that approved gas wells 3 would be nothing but comrnereial behind us. The field 3 COMMx~~OI~~R EAC~.ETON: Right. 4 between the back of my house and Robson Ranch Road was 4 MR. RFICHHART: operation in the City 5 strictly a held. we were always told by, everyone it 5 there in the PD. a but this Concept Plan shows a bunch ~ would be nothing bit commercial. There's even a sign ~ of asterisks on it that says, we might da a gas park ~ there that says h~etro golf has already bought that lot. 7 here, we may do a gas park here, here, and here. But s f you go down the road, ail you see i far ~ that further goes an to further say that these 9 commercial use. ~n fact, up anti! about three months ~ locations can move, but they have to be nailed out with iD ago we heard talk that they were going to put a graoery 1~ the Detail Plan. You know, somebody gets the Detail 13 store there far us. And now all of a sudden I get a plan and nails cut the exact location. 12 letter that tells me they're putting a well in ~,y Five of them that a different operator did ~3 backyard. Okay. ~3 they did up here that's haw they did the Detail f4 The other thing I wanted to address, the i.4 Plan, The two that we did previously, A and 8, that's is gentleman said that we all signed off mineral rights. 15 what we did when we did the Detail Plan. That's what 16 At no time were we ever told about gas wells until the we're doing for this next set, And you can see at one is day we closed. Now, you go into closing and yon, can't 1~ tlrne they proposed a potential gas well par~C right here, 18 go to closing unless they have $2,500 of your money, ~8 since that time they've Mme and Batten the Detail Plan which is nonref~rndable. Yau sit in closing and fey say f9 approved that doesn't show any morn for a gas park right you gotta sign this. If you don't sign it, you don't ~o them, 2i close. I'Vaw, we`re not giving you your $Z2,aD0 back Z~ And that restricted area is a Babson because it's nonrefundable. 22 ternnina#agy, if you will. They are restricting as from ~3 Nvwj in my case I'd already sold my house, accessing that area, Now, if they're restricting us as I had all of my things in storage. I had na choice but ~4 the operator, I can assume they can restrict anyone from ~5 to close. But they told me at the time, no big deal, ~5 operating in there. And the only antral we have in the 90 9~ 1 Vlfe're never putting anything back there behind you, ~ City is if someone carne in for a Detail Plan in that i 2 It's nothing but comr~erciai property, And that's the ~ area. There's none proposed, vane c:omi~g in to be built 3 way it should stay t~cause that's what they told us. 3 in that area. But then down the i•irre, you kr~alN, they 4 Thank you. ~ Say we're taking up acres and we're revising it, ~ Ci•tAfRMAN yIIATIQNS: Thank you very much. S V~hat We're saying is far the operation of our wells, we ~ Anyone else that wishes to speak? 6 will not renter into that area, That's what that 7 CHAIRP~A~I wATKINS: I-arry, da ya~r want to do 7 restricted area was trying to we will abide. 1Ne will S the rebuttal? 8 not enter into that area. ~ MR, REICHHART: Certainly, To answer one ~ Regarding the environmental areas, we did ~o of the questions, up to ~0 wells are allowed to be 3o have a environmental firm ga out on the property and t~. drilled on Robson Ranch per the Concept Plan t~ survey all these sites. There are no environmental parks, not wells, ~a pans, And each park have a there's na wetlands, There's no environmentally ~3 different n€~mber of wells, But it`s ~0 parks that -W ~4 ~.3 sensitive areas. Based on the City's SSA areas, there's i~ park sites that you can have on the property. The na environmental sensitive areas. ~o they have already i5 Concept Plan that we approved earlier identified by a ~5 done that had a firm ga out there and do an exact 1G bunch of asterisks where gas wells could ga, survey of ail these sites. COI~II~I~~IONFR EAGLETON: Larry, can you Regarding the 40 acres and the Railroad 18 reference where that's indicated? l8 Commission, you know, we've been through it a number of 19 MR. R~ICHHART: There was in the ~9 tunes. But the Railroad Commission does regulate the ~D arigir~ai approved PD that allowed this y- and I might ~0 location of the v~ells and how many wells you can have. have a copy. And I da have a copy. That was Ordinance zi with the directional boring that is 22 2~Q1-~4? that identified the fatal number of parks that available, the t~c~rnolOgy that they have, they can 23 could be developed, 33 locate the pads in one area and access, you know, gas 7G4 COMMTSION~R ~ACLL~TDN; That was the 24 underground hundreds and thousands of feet away. o ~5 Amended Concept Plan, correct? 25 instead df having one well every 40 acres throughout PtAl~1NlNG AND ZONING DD11rIM15Sf4N MARCH 11. ~an~ Pace S~ to 9~ ~f 11 fi  V . F r"' . x . _ ~ this entire develaprnent, that's haw they can cluster ~ first sheet there It's IVa. ~4 that clarifies that the ~ those in a difFe~ent location just because of the ~ purpose of the Detail Plan is only to show the details ~ technology that they have. But, yes, that 4B~acre ~ with respect to the gas parks, tfrernselves. ~ don't have ~ requirement is regulated by the Railroad Commission. 4 the exact wording up there in #ront of me. But if you'd ~ Regarding the location of all the wells, S like to read it s the final location it's a you know, it's based an G MR. REICHI~ART: I can read it~ Approval of ~ geology of the property is based on Babson dictating a ~ the gas parks and storage tank facilities Shawn hereon 8 little bit where they want the wells. And it's somewhat 8 does not constitute approval of the lodge shown hereon. ~ dictated by the PD requirement and the distance from the 9 The purpose of this Quail Plan is solely to cause ~Q house. And what we're trying to da on the majority of ~o approval of the gas park locations, ~.1 the wells, anywaysr is get out and build prior to houses MR. Dl~Ali~: Right. And just to make sure getting too close, Where are a few houses within ~z that we're clear, even though it shawl the layout of the 500 feet of one of the situ, The idea is to get nut is subdivision, this i not intended to foclE that down as x~ there and build these prior to anymore houses corning out ~4 part of the zoning requirements. The Detail Plan there. v.we minimize impact an the residents= ~o i5 showing the lot layouts is for sometime in the future. t~ that, ~ think, addresses Borne of the concerns, same of And just as sort of a housekeeping thing, one of the . z~ the answers. ~If ~ nnlssed any you krraw 17 things that I~ talked aba~,t~ with the oppiicant~ is that we MR: DRAKE: Yes. I just need to address o is would add on additional Hate dawn tf~ere that approval of ~9 couple of points, And a couple n# these things are the zoning case shall Hat operate as a vesting event to ~0 things that I've already talked with the applicant ~o lack down any details ~+Illth respect tv the lots. And 21 about. And they're kind of housekeeping details that's importance. 2~ regarding the Detail Plan, itself, ~ornebady bro~,ght up on issue with same of ~3 A couple of them when I first looked at it, 23 the environmental issues. We've been having same ~ I thought it was little bit misleading rnyselfR ~ mean, z~ meetings an that. There's an outside chance that Soros ~5 Hat that anyone's trying to pull the wool aver anybody's of the environmental issues could have on impact an same 9G ~ eyes or anything like that. But T do want to, you know, 1 of the proposed lot lacatians~ lie won't know that for ~ make sure there's na misunderstanding among the ~ same tirne~ But once we da have that information, that's 3 ~arnrnisian and, you knew, among the audience here. one 3 when we're going to have the petal! Plan far the lot ~ of the the first sheet of the Detail Plan, I'm just 4 locations themselves come back far approval at that 5 going to pull it up kind of For the main camera here far 5 future date. B just a nlorr~ent. a As far as another Sark of housekeeping ~ NIB. R~ICIIHART~ You want me tv put it an ~ detail associated with the Detail Plan, an page ~ in the s the carr~era, ferry? s general notes there are a couple of sentences that refer ~ i~R. DRAIC~: You could if you like. It 9 tv platting. And just to clarify, this is Hat a plat. iv appears to show fat layouts of the subdivision, And This is a Detail Plan, The first sentence in there that that's a little bit misleading because, you know, one of says, no new deveiopr~ent may begin on the property until the aspects of a Detail Plan if you ga hack to the old 1~ the development plan is approved by the City of Denton, code that dunes what a plan development is, a Detail i3 no problem with that, Plan is su ased to Shaw lot la outs, zt's su pp y ppased to t4 The second sentence, instead of saying the Shaw, you know, where individual lots are. property is being platted, it should say the Detail Plan i~ And the thing to remember about this ~G is approved solely for the purpose of gas well particular Detail Plan, though, is that this particular develaprnent, t~ Detail Plan is only far the iacatians of the well sites ~a And then the third sentence, the applicant ~.9 that are depicted. I think it's an page ~ of the plat. 19 has agreed to strike that sentence It originally said, xo And it was that graphic that was up there earlier that zo if additional improvements, particularly thane requiring ~t they had a hard time zooming out of that showed the water and sewer service are required, the property vrrill 22 individual gas park sites. be replotted. It's Hat necessary to have that sentence. how, it's Hat apparent, you know, from that It's not platted in the first place, 24 sheet that you have up there that that's the case, but As far as an additional detail, if we could there is a little note down there in the corner of that ga bacl~ to the canditians. P.,, iF yau~ve gat that PI.~NII~ ANa BONING CDI~MiIDN MAR~Fi 2oc9 Paae 93 to 9~ of ~ 1 ~ ~  r. :.Y....: rF. ~ ..t ' i~r ~ list randy that z gave to you a minute ago, if you could ~ operator of the gas wall, it would be required before ~ put that upon the carrrera, For the rr~ost part, you know, ~ they could get any kind of a conviction on it to ~ I concur with the applicant. And consistent with what ~ actually disprove that there was an emergency. They ~ has already been approved in the Concept Plan, changing ~ would have to approve that an emergency did not exist. 5 the mineral estate holder to the lessee=of the mineral ~ And, as many of you know, it's very .difficult to ~ estate in at least three lacatians there. ~ disprove the negative. And people can argue about a In Iterr~ No. ~ where it says outlined in ~ whether something is an emergency ar nat. S Subchapter of the Denton Developfnent Cade, changing ~ I think that probably what the applicant is 9 that tv as required by the Denton Develaprnent Cade. And 9 talking about is something that's a true life and limb 1~ then I guess Item No. 4 also has an item €or lessee of 1~ emergency. And if that's the case, then it's not the mineral estate. And then Item No. G~ I just added 11 anything that zoning restrictions are going tv deal with iZ the word only in there just to clarify that what 1Ne're anyway So for that reason, }1St franc a legal . dealing..he witC~ is the location ~af those gas well ~a standpointf I cannot concur with watering down that 14 parks, not anything else that may be incidentally requirement with ~n emergency clause. i5 depicted upon that. 15 With that, if anybody has any questions of 16 And I think that as far as these particular iG any of tl'te legal paints that I've pointed out here, this it changes are concerned, I think that stafF and the 17 would be, essentially, my recamrnendatian of haw to amend 1$ applicant are in concurrence. There was one other ~.8 the staff proposal and also those changes an t#~e Detail suggestion that the applicant made with regard to f9 Plan document i#self~ ~o emergency access. I have to tell you that from a legal MR, ClJNNINCHAM: I'd like to address the ~1 standpoint I cannot concur with that far a couple of question raised ~y the lady in the white sfrirt regarding reasons. 2~ the notification process And I would like to aslr ~1r. z3 i'irst of ail, it's largely an issue of, I ~3 Appiah to put the notification map back up an the 2~ guess, cart of public safety that if there really is an computer screen, if you would. As you can see in this emergency that really justifies getting to that gas welC map, there's a red circle we'll call it a circle even 98 ~0~ x outside of normal operating hours because of a fire or ~ though it's not a circle and a blue circle, ~ some kind of leak or something like that, I don't think 2 By State law, the City is required to send 3 that anyone is going to lace, you #cf~oW, really thinking ~ certified natives to any property owner within ~ feet ~ about whether or not they're going tv in violation of of the subject or the proposed development. the City ~ the zoning ordinance. T don't think that's a realistic 5 takes it a step fur€her and within ~~Q feet we send e issue. I think that they're going to go there, and 6 non~Certified notices we call them courtesy notices 7 they're going to act on it. ~ to property owners within 5~D feet, 8 Arid I think that if it comas to the S Considering the sensitive nature of this ~ attention of the City that the City is probably not ~ particular case, the City took it yet another step and 10 going to issue a citation to anyone based upon someone is we sent notice to all the residents within Robson Ranch. going there ~ deal with an immediate emergency. So just to reiterate, if you did not live or if you f2 Moreover, I think that under ordinary principles Df law don't own property within ~~D feet of the subject site, ~.3 that an emergency is going to constitute a pretty solid 13 you would not have received a cerkified notice; however, defense to prosecu~on anyway. 14 you would have received this notice via regular mail The other issue associated with that and As you can see, it's indicated on the map if this is a technical legal issue for anybody out there #.6 on the screen, there are only three residents that are why has ever prosecuted cases before. I did it for 17 within the X04 feet boundary. Sa that's why thane were is three years, and sa Y kna~v that this is the case. x8 the only three residents that received a certified mail, 19 Anytime you have an ordinance out there ~,9 MS. SPENCE~ Right. I was about only 2~ whether it's a coning ordinance, a trash ordinance, ur talking about three oppositions. There's only three any other kind of ordinance, if you put exclusions in 2~ oppositions because there were only three people given a z2 there, what that does is to create ~ burden on the z~ chance to appose it, other than by certified or the z3 prosecution to disprove each of those conditia~rs. x~ letter that went out, There was only three of us who x~ Sa if there were a case wi~ere the City had z4 received certified letters. ~verybady else within that to enforce these caning restrictions against the ~5 zoning there's no houses there. o I was just PLANNING AND ~ON1N~ ~(~NiMiI~N MARCH ~ ~ . 2~~9 Pace 9~ to ~ Oa of 1 ~ ~  . . ~ responding to what Isaid receiving to me that's i housekeeeping measures on the Detail Plan to be ~ 100 percent. You know, you send three and get three ~ s~,bmitted. Those were duly recorded by our 3 back in opposition. Ind say it was 100 percent response 3 stenographer. And I wouid like that included those 4 there against it. ~ housekeeping measures to be included with this. ~ CHAIRMAN VIIATKINS: Discussion? Larry? ~ CHAIRMAN 1NATKIN; All righty. I have a 6 Mlt. REICHHART: And, again, I just wanted G motion, ~ to point Olt, yes, these three are another way to 7 COMMISSIONER ~YiCE; I second. 8 Iook at it i these one the only three properties that S CHAIRMAN VVATKINS: I have a second. ialease 9 we're within ~0~ feet of~ Vl~e're purposely trying to 9 vote ors the board. Six to zero in favor. i0 locate the wells as far away from the existing resident I'ro going to take a eve-minute break. ~i as we can. These three, unfortunately, are the closest 1~. ~A break was taken from 8;14 p.m. to three. But other than that, we've done a good fob of 8:2~ p.m.} focating these wells, the parks away from existing 13 14 development. ~4 ~5 COMMISIDNER EAOLETON: k~arry, can you iS . i~ explain who the mineral estate holder is? Not the ~6 lesseer but who the m#neral estate holder is. 18 MR. REICHHART: W€thout getting too i8 19 detailed, It's probably the head of Babson, ~9 20 COM~NISSIDNEB EA~ETON; might. ~D MR~ REICHHART; it's the Hobson entity, ~i itself. 2~ ~3 COMMISSIONI_R EACLETQN: Right, Okay, ~3 CHAIRMAN 1IIIATKIN: Any other questions? ~4 ~5 Okay. I think T did close the public hearing Yes, i02 104 nla'all~? 1 2 COMMISSIONER SCHAAI(E: It was stated -R I ~ 3 belle~re it was Mr. Eagleton asked the question about the ~ 4 PDF that allowed the number of gas wells, aid you not, ~ 5 Mr. Eagleton? ~ G COMM~~ION~R ~AGL,~TON: Right. The B ~ question was for Mr. Reichhart to reference the 7 8 documentation that allowed those Z0. And he mentioned 9 that it was the X001-~47 Ordinance, 9 ~D COMMISSIONER SCHAAi~E; Okay. So that was i~1 1~ in ~~0~'~ ii i~ COMMISSIONER EAGI.ETON; July 1?', 201. 12 i~ COMMISSIONER $CHAAKE: O~Cay. Thank you. 13 ~4 CHAIRMAN WATKINS; Questions? Discussion? ~.4 ~5 Motion? i~ COMMISSIONER THOMAS; I guess if we're all 1.G 17 going to be shy, Mr. Chairman, I'd like to move approval 17 18 of the Detail Plan as specified. Arid I'rr~ trying to 18 i~ let me try this. Thank you, Mr. Appiah. i9 20 MR, CUN~IINGHAM: Can we have the overhead ~0 Zi projector, please? ~1 22 CDMMISIOi`IER THOMAS: Again, Mr. Chairman, 7~ ~3 I'd like to recommend approval end submission of this x3 Detail plan to the City Council with the above-noted ~ ~S changes, ar~d our legal counsel also referenced some PfANNiNG ANO ZONi~~ C~fIfIMISi~N MARSH ~ ~ooa Peae 1 ~ ~ to ~ 04 of ~ ~ G  ~ . . . . ~ ...:A - - - s:lour dacu~en~slardxnan~es1091ardinance far rabson ranch g ~z~B~DOZ3b}.dac OR.DINAN~E N~. AN ~~DINANE ~F THE CITY ~F DENTIN, TEAS, APPR~~I~T A DETAIL PLAN AENDIVIENT ~'0~ ENE CAS SELL PARK ITH1N A PLANNED DEVELOPMENT ~R~~~N RANCH PLANNED DEVEL~PNIENT, PD-173 ~~NIN DISTRICT, ENERALL~ LQ.ATED EAST ~F FL~~NE RDAD, EAST ~F RA~'~RD READ, NORTH ~F R~B~N ANH READ, AND BEST ~F THE Il~~PU~ATI~N DEVEL~PIVIENT ~IVfP 07-40D ~ AND PROVIDING FAR A PENALTY IN THE AIIVI[JII~I Al1~~UNT 0~' $2,040.00 FGR V10LATIGNS THEREGF, EVERABILITY AND AN EFFETE DATE. ~~QS-402b} WHEREAS, on August 3, 1~9~, by ordinance 99~2~~ the pity council approved a concept Plan for 2,725 acres of land designated as the Planned Development 173 {PD-173 zonm district, as more particularly described therein; and HEREA, on February ~ 2444, by ordinance 2044~4~9, the pity council approved a detail plan for 1,361.3 acres of the Planned Development ~ 73 {PD-173} zoning district , as more par ocularly described therein, and HEREA, on .Tu1y 1 ~ l , by Grdinance 1-247, the C1ty ouncll approved an alxa.endment to the concept Plan of the Planned Develop.ent 173 BPD-l73} zoning district, as nr~ore particularly described therein, and specifically authorized the creation of up to 15-24 v~ell parks, as defined and restricted therein; and HER~A, on November 2408, by ~rditlance X045-285, the pity auncil approved a detail plan amendment, a more particularly described therein, and specifically authorizing the development of t~vo gas well parks as defined and restricted therein and i HEREA, an behalf of ~.abson on~unities, the mineral estate holder, Sprig Brook Planning Group applied for a Concept Plan amenclna.ent, and Landmark Surveyors, LLB, a lied pp for a Detail Plan a~nendrnent, to allow for four additional gas v~ell parrs and a storage tank facility, containing approximately five acres each of land for the gas well parks and three and one-half acres for the storage tank facility; and 'HEREAS, on 1Vlarch 11, 2409, the Planning and honing Comanission concluded a public hearing s required by 1a, and recomYrzend approval of both the requested Conc t Plan arr~e~.dment and the requested Detail Plan amendment; and WHEREAS, on April 7, 245, the qty council concluded a public hearing on the requested Detail Plan amendment, voting rn favor of the aendmment, save and except for requ.e~ted has Park ~h1ch vas tabled pending a ~.eighborhaod meeting, and nay' finds that the revised Detail Plan a~.endn~ent far Gas Park attached and incorporated hereto as Exhibit "B", and legally described in the attached and into orated Exhibit"A" is cans~stent v~ith the Denton Plan and Chapter , Article 1, of the Denton Code, as v~ell as the reviousl ~ Y amended Concept Plan; NG, THEREF~R~;  i :lour ~oc~mentslar~inances1091~rdinance for ~robsan ranch g {~08-00~3~}.hoc THE OtT~~I~ OF TfIE CITY OF DETOI~ ~ERE~~ ORDAIN: E~TrON l .The findings and recitations contained in the preamble of this ordinance are incorporated herein b reference and found to b~e true. E~TION~. The attached Detain Plan an~endn~ent for one additional gay well arl~, 4L 77 labeled Cxas well Park G , ~ithi.ng the Property currently zoned within PD- f 73, and le ill Y described as set Earth in exhibit "A", attached. hereto and incorporated herein b reference is y hereby approved, subject to the fallowing conditions: ~ . The lessee of the n~inera~ estate and its agents, employees and assigns shall not have access to or franc the site through any developed pardon of Robson Ranch Planned Development. "Developed portion" as used herein sha11 mean any portion of Robson Ranch that is developed with a presidential tructuxe or any other facility wrth~n the PD. The operator of the gas well shad enter ~ntv a road renied~ation agreement fur access an Robsan lunch Road as required by the Denton Devel~pn~ent bode. The lessee of the mineral estate and its agents, employees and assigns shall rohibit . p access to or fxom the v~ell sites outside the hours of S:o~am to :~apn~, Monday through . Friday and 1 I :~aam to :~Oprn, on Saturdays and Sundays, unless drilling operations are actively in progress ar the well is bung reworked at the particnlar site being accessed. Furthermore, it shall be an affirmative defense that access to well site outside the li~nitatians of these restrictions was necessitated by an emergency that constituted an e.inent threat to life, health or property. The lessee of the ininera,l estate shall ~ install a screenin fence an d plant the trees and shrabs as shaven on the approved landscape plans within 3~ days after drilling operations are complete ar during the first dor~riant season after drilling, if approved by the pity IJandscape ~.dn~lnlstratar, 4. rf screening or landscaping is damaged or removed during fracturin o erations, the g p operator of the gas well shall be responsible far replacing the damaged or removed portions of the landscaping. The Detail Plan amendment as submitted and shorn in~ exhibit shall overn the deve~ g oprrient and location of gas well park only, SP1TI~N' 3. The Detail Plan an~end~nent attached hereto and into orated herein b ~ y reference as Exhibit "B" is hereby approved for PD-173. SECTION 4. Ordinance ~4~0-~59, approving a detailed plan for 1,31.3 acres of Planned Development 17'3 BPD-t73~ is hereby amended by the ap ravel of the Detail Plan . attached hereto as P~~hibit "B'>, and incorporated herein by reference. S~TIOI~ 5. The provisions of this ordinance as the a 1 to the amendn~.ents herein Y pP y approved, shall govern and control over any conflicting provision of Ordinance No. 2~~~-a but shall be subordinate to all other provisions of Ordinance ~0~0-~~9 s subse uentl q y amended, with regard to the remainder of that Detail Plan. s:lo~r ~ocume~atslor~Yna~ces1491ord~nance for rabson ~an~~ g (SOS-~023b}.doc . SECTION G. A cop~r of this ordinance shah be attached to ordinance ~ 9~9-2, shoin e aer~dn~ent herein approved. ETI~~ 7. If and provision of this ordinance or the application thereof to any person or circumstance ~s held invalid by any court, such invalidity sha~~ not affect the validity of other provisions or appl~cat~ons, and to this end the prov~lons of this ord~nanee are severable. ETION S. Any person violating an roviian of this ordinance shah u on . YA ~ conviction, be dined a sum not exceeding ~,~~0..0~, Each day that a provision of this ordinance i violated shaxl constitute a separate and distinct offense, ~CTION_ 9. This ordinance s~.all become effective fourteen ~I4} days from the date of its passage, and the 1ty secretary 1s hereby directed to cause the capt~an of this ordnance to be published twice in the Denton. Record-Chronicle, a daily newspaper published in the fit of y Denton, Texas, thin ten ~ I days of the date of Its passage. P~.ED A.ND APPROVED this the ~ day of , ~OQg, 1VIAR~ A. D~TRRO~.JCPI, MAYOR ,TTE~T: JENNIFER AETER~, CITY SECRETARY i i APPROVED ~ T~ DEAL FQR: .VITA BUR~E, CITY ATTORNEY W.  i s;la~r ~oc~me~atslor~ir~ances1091ordi~~nce for rabsan ranch g (~OS~4023b},dac {Legal Des~r~p~ion for Gas park } [T~ B~ DETE~~IIN~D AND UDTIT~TED]  i :lour doc~mentslardinat~c~s1~91ox~ina~.ce for raison ranch g {~5-00~3~}.doc ~X~ll~l~ ~ ~D~ta~1 Plan for has Park } [T~ B~ D~TERNIII~E~ ANI~ U~TITI~T~D  i AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, providing for limited exemptions of certain homesteads; providing a severability clause; and providing an effective date. BACKGROUND During our Work Session on April 14th, staff presented information concerning the Over 65 Property Tax Exemption in the context of our Preliminary Five Year Financial Forecast. Following this discussion, the City Council requested that staff provide financial plan scenarios that incorporate various increases to the over 65 exemption amount. With this is mind, staff is providing three Over 65 exemption options in a Work Session with the City Council on April 21st. The following three options have been provided for consideration: • Option A -Increases the Over 65 Property Tax Exemption amount from $25,000 to $40,000 in FY 2009-10 and from $40,000 to $55,000 in FY 2010-11. In other words, the over 65 exemption is increased from the current amount of $25,000 to $55,000 within two fiscal years. • Option B -Increases the Over 65 Property Tax Exemption amount from $25,000 to $35,000 in FY 2009-10, from $35,000 to $45,000 in FY 2010-11, and from $45,000 to $55,000 in FY 2011-12. In other words, the over 65 exemption is increased from the current amount of $25,000 to $55,000 within three fiscal years. • Option C -Increases the Over 65 Property Tax Exemption amount from $25,000 to $30,000 in FY 2009-10, from $30,000 to $35,000 in FY 2010-11, from $35,000 to $40,000 in FY 2011-12, from $40,000 to $45,000 in FY 2012-13, and from $45,000 to $50,000 in FY 2013-14. In other words, the over 65 exemption is increased from the current amount of $25,000 to $50,000 within eve fiscal years. The attached ordinance is in a template format. Once Council provides staff with direction during the April 21st Work Session, the final ordinance will be completed and distributed for consideration prior to the start of the meeting. Agenda Information Sheet April 21, 2009 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council discussed the possibility of increasing the wer 65 Property Tax Exemption amounts on April 14th and April 21St. Possible increases were presented in the context of the Preliminary Five Year Financial Plan. FISCAL INFORMATION For every $5,000 increase in the fiver 65 Property Tax Exemption, approximately $148,000 in property tax revenue will be lost. Respectfully Submitted By: s _ ,,a . _ 7 Bryan Langley Director of Finance s:1~~r doc~ments~~rdinanc~sl~~ltaxex~mption_overb5.~oc O~DINAN~E AN ~RDINAN~E THE ~IT~ OP DENTIN, TA, P~~IDIlV ~`~R LIMITED ~ ~~EIVIPTION ~F CERTAIN H~MET~AD; PR~~IDIN FAR E~TERA~ILITY s. CLAtJE; AND PR~~TID~N AN ~P'E~TIE DATE. HEREA, Article ectian I-b of the Texas canstit~tian provides that the governing body of a city may enact certain exemptions from the assessed value af~residential homesteads of persons ~5 years of age or older} and HEREA, the pity auncil of the pity of Denton deems it in the public interest to enact an exemption from the assessed value of residential homesteads of persons S years of age or older in an aggregate amount not to exceed :and H~REA, the lty ounell of the zty of Denton deems It In the public interest to adapt such aggregate e~en~ptian in phases and in amounts not to exceed for each fiscal year commencing with fiscal year 20a9-~~ 1 a and continuing in successive fiscal years until the said aggregate amount of has been enacted; and HEREA, The pity council of the pity of Denton mill be required to annually approve any incremental increase in the exemption from the assessed value of residential homesteads of persons ~5 years or age or older, N0 T~I~REF~I, THE CITY ~UNIL ~F THE 7TH D~NT~N HERE~~ ORDAIN: ETI~N I . Pursuant to Article section 1 ~b of the Texas constitution, $ of the assessed value of residential hanaestead of persons 5 years of age or alder shall be exempt from City ad valorem taxes commencing with fiscal year ~a0~-20 ~ a. ECTI~N If any section, subsection, paragraph, sentence, clause, phrase or v~ord in this ordinance, or the application thereof to any person or circumstance i held invalid by any coin of competent ~urisdictian, such holding shall not affect the validity of the remaining portions of this ordinance and the pity auncil of the pity of Denton, Texas, hereby declares it ~auld have enacted such remaining pa~tians despite and such invalidity , ; ET~~N 3. This ordinance shall become effective u an its assa e and a royal, p P g . pp i PAS QED AND APPROVED this the da of , ZOa9. i y 1VIARK A. BU,RROUCH;IVIAY~R Page 1 ATTEST: JENNI~~~ ALTS, TTY ER~TARY 1, APPR~~ED ~ To FARM. . . ANITA BRAE, CITY ATT~~1~E~ B~: s r AGENDA INFORMATION SHEET AGENDA DATE: April 21, 2009 DEPARTMENT: Denton Municipal Electric (DME) UTILITIES ACM: Howard Martin, 349-8232 SUBJECT: Receive a report and announcement, and provide staff with any direction regarding the Purchase Power Agreement for Firm Energy and Associated Renewable Energy by and between the City, as Purchaser and NextEra Power Marketing, LLC., as Seller. BACKGROUND: 0n April 7, 2009, the City Council received a further confidential briefing from DME representatives in Closed Session regarding the ongoing discussions and negotiations between DME and NextEra Energy Marketing [a/k/a Florida Power & Light Energy Marketing (FPL}] . The Council took action on the item and provided the City Manager with specified authority. PRIOR ACTION/REVIEW (Council, Boards, Commissions): Closed Meetings occurred with the Public Utilities Board on January 26, 2009 and March 23, 2009. The Board unanimously approved the Agreement in Closed Meeting on March 23, 2009. Closed Meetings were also provided to the City Council on March 3, 2009 and April 7, 2009. FISCAL INFORMATION: Funds for energy expenses are provided through DME's energy charge adjustment (ECA). Respectfully submitted, ~ Y. Phil Williams General Manager Denton Municipal Electric Prepared by: Michael S. Grim Executive Manager -Power, Regulatory & Legislative Affairs Denton Municipal Electric 1 AGENDA INFORMATION SHEET AGENDA DATE: April 21, 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: 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 waiters City Secretary S:1City Secretarv\Boards & CommlA~enda Info Sheet for Vacancies 4-21-09.doc  w v