The URL can be used to link to this page

Home My WebLink AboutAugust 4, 2009 Agenda AGENDA CITY OF DENTON CITY COUNCIL August 4, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will 4:00 p.m. convene in a Work Session on Tuesday, August 4, 2009 at 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 August 4, 2009. 2.Receive a briefing, hold a discussion and give staff direction on the proposed amendment to the schedule of Fees contained in Ordinance 2004-060 by adopting a new Planning and Development Department Review Fee Schedule as authorized by the Denton Development Code (DDC) for the City of Denton, Texas, for filing applications for review, approval, and issuance of Specific Use Permits (SUPs) for home occupations that require the approval of a SUP, adult day care, in-home child day care as a commercial use, group homes, accessory dwelling units, and any development within the In-fill Special Purpose District that require the approval of a SUP; providing a severability clause; providing for publication; and providing for an effective date. 3.Receive a briefing, hold a discussion, and give staff direction on a proposed professional services agreement with the firm Jacobs, Inc. to provide planning, architectural design, and engineering services in association with the development of the Downtown Implementation Plan. 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 – Under Texas Government Code, Section 551.086; Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power th Agency,Cause No. D-1-GN-08-003426, pending in the 126 Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas st Municipal Power Agency – II, Cause No.D-1-GN-08-003693, in the 261 Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency,Plaintiff v. City of Bryan, Texas,Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now th pending in the 506 Judicial District Court in and for Grimes County, City of Denton City Council Agenda August 4, 2009 Page 2 Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations regarding Real Property – Under Texas Government Code Section 551.072; Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Consider and discuss status, including potential settlement, of litigation styledDavid Johnson v. City of Denton, Cause No. 4:07cv449, currently pending in the U.S. District Court, Eastern District, Sherman Division. 2. Receive a legal briefing from the City’s attorneys and discuss legal issues regarding the request for a Specific Use Permit to allow for gas well drilling and production on property located within Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site located on the west side of Bonnie Brea Street, north of Scripture Street. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL City of Denton City Council Agenda August 4, 2009 Page 3 RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, August 4, 2009 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 1.Texas Public Power Association’s presentation of the System Achievement Award to DME and Industry Achievement Award. 2.Texas Municipal Library Directors Association Achievement in Excellence Award. 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 – O). 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 – O below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A.Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating Equal Employment Opportunities for the City of Denton employees; and declaring an effective date. City of Denton City Council Agenda August 4, 2009 Page 4 B.Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating Disciplinary Actions for the City of Denton employees; and declaring an effective date. C.Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating Disciplinary Appeals for the City of Denton employees; and declaring an effective date. D.Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating the Introductory Period for the City of Denton employees; and declaring an effective date. E.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Supplemental Engagement Letter Agreement with Burford & Ryburn, LLP for professional legal services relating to the eminent domain assignments for West 380 (University Drive) Project; authorizing the expenditure of funds therefor; and providing an effective date. F.Consider a request for an exception to the noise ordinance for the purpose of the Denton Celtic Festival, sponsored by the Celtic Cultural Association of Texas. The event will be held at the North Texas State Fairgrounds located at 2217 N. Carroll Blvd. The Denton Celtic Festival begins Saturday, September 12, 2009, at 10:00 a.m. and concludes at 11:00 p.m. The exception is specifically requested for extension of the hours of operation for amplified sound and for an increase in decibels for an outdoor concert from 70 to 75. G.Consider a request for an exception to the noise ordinance for the purpose of performing live music during the Glory of Zion International Ministries conference and celebration. The four day Head of the Year Conference will be held from Thursday, September 17, 2009, through Sunday, September 20, 2009, on the church property located at the corner of Windsor Drive and I-35N. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday from 8:00 a.m. – 1:00 p.m. H.Consider adoption of an ordinance accepting competitive bids and awarding a three year contract for directional boring services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4266–Three Year Contract for Directional Boring awarded to the lowest responsible bidder Gardner Telecommunications, Inc. in the annual estimated amount of $350,000). The Public Utilities Board recommends approval (4-0). I.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Briercliff Park improvements; providing for the expenditure of funds therefor; and providing an effective date (Bid 4311–awarded to the lowest responsible bidder meeting specification, Jones and Jeffery Construction Company, Inc. in the amount of $431,058.85). City of Denton City Council Agenda August 4, 2009 Page 5 J.Consider adoption of an ordinance approving an easement for pipeline right-of- way by and between the City of Denton, as a grantee and the Department of the Army (Corps of Engineers), as grantor relating to location of a city sanitary sewer line within lands of the United States of America, Outgrant No. DACW63-2-09- 0655, Lewisville Lake, Texas, being situated in the Gideon Walker Survey, Abstract Number 1330, Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Pecan Park Addition off-site sanitary sewer easement – 7300 block East McKinney Street) The Public Utilities Board recommends approval (4-0). K.Consider adoption of an ordinance repealing Ordinance No. 2008-159 and amending Section 2-29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas. L.Consider adoption of an ordinance partially abandoning and vacating a public access and fire lane easement from SR Denton 2181 LLC. to the City of Denton, recorded by County Clerk File Number 2008-72572 of the Real Property Records of Denton County, Texas; and declaring an effective date. M.Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the reconstruction of C. Wolfe Road from Highway 2449 North to the intersection with Tom Cole Road; and providing an effective date. The Airport Advisory Board recommends approval (7-0). The Mobility Committee recommends approval (3-0). N.Consider adoption of an ordinance authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation Aviation Division to fund the $90,000 local share of a $1,800,000 grant project to construct a 1,500 ft extension of a taxiway in the southeast development area of Denton Airport. The Airport Advisory Board recommends approval (5-0). O.Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a second amendment to an Agreement for Professional Legal Services with Ford & Harrison, LLP for professional legal services relating to the plaintiff’s appeal of the final judgment issued in litigation styled David Johnson, individually and as class representative v. City of Denton Fire Department and City of Denton, Cause No. 4:07cv449, filed in the U.S. District Court, Eastern District, Sherman Division; authorizing the expenditure of funds therefor; and providing an effective date. 4. ITEMS FOR INDIVIDUAL CONSIDERATION Tabled A. – Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee (Tabled from March 3, 2009) recommends approval (3-0). City of Denton City Council Agenda August 4, 2009 Page 6 Tabled B. - Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow forty-six (46) attached and fifty-four (54) detached single family dwelling units on property located within a Neighborhood Residential 3 (NR-3) zoning district, the approximately 30.7 acres site being located at the southwest corner of Hinkle Drive and Windsor Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and effective date. (S09-0002) The Planning and Zoning AC Commission recommends denial (5-0). SUPERMAJORITY VOTE BY OUNCIL IS (Tabled from July 21, 2009) . REQUIRED FOR APPROVAL Tabled C. - Consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow for gas well drilling and production on property located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site being located on the west side of Bonnie Brae Street, north of Scripture Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date.(S09-0006) (Tabled The Planning and Zoning Commission recommends approval (4-0). from July 21, 2009) D.Consider appointments to the following boards and commissions: 1. Construction Advisory and Appeals Board 2. Historic Landmark Commission 3. Planning and Zoning Commission 4. Traffic Safety Commission 5. Zoning Board of Adjustment E. Citizen Reports 1.Review of procedures for addressing the City Council. 2.Receive citizen reports from the following: a.Sonya Hill regarding garbage pickup in alleys. b.Nathaniel Johnson regarding curfew for teenagers. F. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. H. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda August 4, 2009 Page 7 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.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING. PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY- TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE CITYSECRETARY’SOFFICE. Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT Receive a briefing, hold a discussion and give staff direction on the proposed amendment to the schedule of Fees contained in Ordinance 2004-060 by adopting a new Planning and Development Department Review Fee Schedule as authorized by the Denton Development Code (DDC) for the City of Denton, Texas, for filing applications for review, approval, and issuance of Specific Use Permits (SUPs) for home occupations that require the approval of a SUP, adult day care, in-home child day care as a commercial use, group homes, accessory dwelling units, and any development within the In-fill Special Purpose District that require the approval of a SUP; providing a severability clause; providing for publication; and providing for an effective date. BACKGROUND City of Denton staff recently facilitated a meeting with members of the Denton Daycare Association to address the applicability of the Denton Development Code (DDC) with regards to in-home childcare. Specifically, according to Subchapter 35.5, Zoning Districts and Limitations of the DDC, in-home childcares as a commercial use located within the NR-1, NR-2, NR-3, NR- 4, and NR-5 zoning districts must obtain an SUP. An in-home childcare as a commercial use is a facility that provides care for seven (7) to twelve (12) children, preschool-aged children within a residential dwelling. Staff also discussed the fees associated with an SUP which includes $1,500 + $65/acre + $220 notification fees. Upon further review of the associated SUP fees staff determined that the fee was unreasonably high relative to the type of review required for uses such as in-home childcare. Unlike the other uses in the DDC that require an SUP, the review of an in-home childcare as a commercial use is conducted by a limited number of Departments, and the amount of information required in much less than that of typical SUPs. Therefore, staff is recommending that the application fee of $1,500 + $65/acre + $220 notification be reduced to $500 for in-home childcare as a commercial use. Staff is also recommending that the SUP fee for home occupations that require the approval of a SUP, adult day care, group homes, and accessory dwelling units be assessed the reduced fee of $500. Similar to in-home childcare as a commercial use, staff considers these uses as small in scope and do not require extensive review. Agenda Information Sheet August 4, 2009 Page 2 In addition, staff is recommending that any development within the In-fill Special Purpose District that is required to obtain an SUP be assessed the reduced fee of $500 to create an incentive to spur development within this District. A map showing the boundaries of the In-fill Special Purpose District is presented in Exhibit 2. PRIOR ACTION/REVIEW No prior action/review. FISCAL IMPACT SUP and public notification for home occupations that require the approval of a SUP, in-home adult and child day care as a commercial use, group homes, accessory dwelling units, and any development within the In-fill Special Purpose District that require the approval of a SUP. OPTIONS 1.Direct staff to proceed with the proposed amendment. 2.Direct staff to proceed with the proposed amendment with changes. 3.Direct staff to take another direction. RECOMMENDATION Staff recommends approval of the fee schedule amendment. EXHIBITS 1.SUP Application Checklist 2.In-fill Special Purpose District Map 3.Draft Ordinance Prepared by: Respectfully submitted: Ron Menguita Mark Cunningham Planning Supervisor Director of Planning and Development EXHIBIT 1 Í°»½·º·½ Ë» Ð»®³·¬ øÍËÐ÷ º±®æ Ø±³» ±½½«°¿¬·±² ¬¸¿¬ ®»¯«·®» ¬¸» ¿°°®±ª¿´ ±º ¿ ÍËÐå ß¼«´¬ ¼¿§ ½¿®»å ×²ó¸±³» ½¸·´¼ ¼¿§ ½¿®» ¿ ¿ ½±³³»®½·¿´ «»å Ù®±«° ¸±³»å ß½½»±®§ ¼©»´´·²¹ «²·¬å ¿²¼ ß²§ ¼»ª»´±°³»²¬ ©·¬¸·² ¬¸» ×²óº·´´ Í°»½·¿´ Ð«®°±» Ü·¬®·½¬ ¬¸¿¬ ®»¯«·®» ¬¸» ¿°°®±ª¿´ ±º ¿ ÍËÐò Ò±¬»æ ß¼¼·¬·±²¿´ ×²º±®³¿¬·±² ³¿§ ¾» ®»¯«·®»¼ ¾§ Ý·¬§ ¬¿ºº ¼«®·²¹ ¬¸» °®±¶»½¬ ®»ª·»©ò ß² ·²ó¸±³» ½¸·´¼½¿®» ¿ ¿ ½±³³»®½·¿´ «» · ¿ º¿½·´·¬§ ¬¸¿¬ °®±ª·¼» ½¿®» º±® »ª»² ¬± ¬©»´ª» øéóïî÷ ½¸·´¼®»² ø·²½´«¼·²¹ ¬¸» ½¿®»¹·ó¿¹»¼ ½¸·´¼®»²÷ ·² ¿ ®»·¼»²¬·¿´ ¼©»´´·²¹ò ß °®»½¸±±´ó¿¹»¼ ½¸·´¼ · ¿ ½¸·´¼ ì §»¿® ±º ¿¹» ±® §±«²¹»®ô ±® ¿ ë §»¿® ±´¼ ©¸± ¸¿ ²±¬ ¬¿®¬»¼ ½¸±±´ò ß² ·²ó¸±³» ½¸·´¼½¿®» ¿ ¿ ½±³³»®½·¿´ «» · ¿´± °»®³·¬¬»¼ ·² ¬¸» ÒÎóïô ÒÎóîô ÒÎóíô ÒÎóìô ¿²¼ ÒÎóë ¦±²·²¹ ¼·¬®·½¬ ¸±©»ª»®å ¬¸» ¿°°´·½¿²¬ ³«¬ º·®¬ ±¾¬¿·² ¿ ÍËÐò Ì¸» º±´´±©·²¹ ³¿¬»®·¿´ ³«¬ ¾» ½±´´¿¬»¼ô ¾«²¼´»¼ ¿²¼ ·¬» °´¿² º±´¼»¼ ©¸»² «¾³·¬¬»¼æ Í°»½·º·½ Ë» Ð»®³·¬ øÍËÐ÷æ Ñ²» øï÷ Ì®¿²³·¬¬¿´ Í¸»»¬ Ú±«®¬»»² øïì÷ °¿½µ»¬ ·²½´«¼·²¹ ¬¸» º±´´±©·²¹æ ¿òË²·ª»®¿´ ß°°´·½¿¬·±² ¾ò ½òÐ®±¶»½¬ Ò¿®®¿¬·ª» øÍËÐ ¼»½®·¾·²¹ ¸±© ¬¸» °®±°±»¼ ®»¯«»¬ ³»»¬ ¬¸» ¿°°®±ª¿´ ½®·¬»®·¿ ·² Í«¾½¸¿°¬»® ê ±º ÜÜÝ ¿²¼ · ½±²·¬»²¬ ©·¬¸ ¬¸» °«®°±» ¿²¼ ·²¬»²¬ ±º ¬¸» Ü»²¬±² Ð´¿²ò Î»º»® ¬± ¬¸» Ð®±¶»½¬ Ò¿®®¿¬·ª» ¹«·¼»´·²» ¿¬¬¿½¸»¼÷ò ¼òÝ±³°´»¬»¼ Í«¾³·¬¬¿´ Ý¸»½µ´·¬ »òÝ±³°´»¬»¼ Í·¬» Ð´¿² Í¬¿²¼¿®¼ Ý¸»½µ´·¬ ºòÔ»¹¿´ Ü»½®·°¬·±² ¹òÝ±°·» ±º Ü»»¼ ±® ±©²»® ¿«¬¸±®·¦¿¬·±² ´»¬¬»® Ñ²» øï÷ ÝÜóÎÑÓ ½±²¬¿·²·²¹ ¿´´ «¾³··±² ³¿¬»®·¿´ ¿ ¿ ÐÜÚ ¼±½«³»²¬ ×² ¿¼¼·¬·±² ¬± ¬¸» ¹»²»®¿´ ·²º±®³¿¬·±² ¬¸¿¬ ³«¬ ¾» ¸±©² ±² ¬¸» ·¬» °´¿²ô ¼»¬¿·´»¼ ·²º±®³¿¬·±²ô ¿ ·¬ °»®¬¿·² ¬± ¬¸» ®»¯«»¬ ³¿§ ¾» ®»¯«·®»¼ò Í¬¿ºº ©·´´ ¼·½« ¿²§ ¿¼¼·¬·±²¿´ ·²º±®³¿¬·±² ¼»»³»¼ ¿°°®±°®·¿¬» ¿²¼ ²»½»¿®§ ¬± °®±½» ¬¸» ¿°°´·½¿¬·±² ©·¬¸ ¬¸» ¿°°´·½¿¬·±² ¾¿»¼ ±² ¬¸» °»½·º·½ ±º ¬¸» ¿°°´·½¿¬·±² «¾³·¬¬»¼ò × ¸¿ª» ®»ª·»©»¼ ¬¸» ½¸»½µ´·¬ ¿²¼ ¿´´ «¾³·¬¬¿´ º±® ½±³°´»¬»²» ¿²¼ ¿½½«®¿½§ò ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Í·¹²¿¬«®» Ü¿¬» ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Ð®·²¬ Ò¿³» Í«¾³·¬¬¿´ Ý¸»½µ´·¬ Ð¿¹» ï ±º ï ó ÛÈØ×Þ×Ì î Subchapter 7 Development Code Ú·¹«®» íëòéòïìòî 7-66 EXHIBIT 3 DRAFT ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES CONTAINED IN ORDINANCE 2004-060 BY ADOPTING A NEW PLANNING AND DEVELOPMENT DEPARTMENT REVIEW FEE SCHEDULE AS AUTHORIZED BY THE DENTON DEVELOPMENT CODE FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, AND ISSUANCE OF SPECIFIC USE PERMITS (SUPS) FOR HOME OCCUPATIONS THAT REQUIRE THE APPROVAL OF A SUP, ADULT DAY CARE, IN-HOME CHILD DAY CARE AS A COMMERCIAL USE, GROUP HOMES, ACCESSORY DWELLING UNITS, AND ANY DEVELOPMENT WITHIN THE IN-FILL SPECIAL PURPOSE DISTRICT THAT REQUIRE THE APPROVAL OF A SUP; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been presented with a new Planning Development Review Fee Schedule which is attached hereto and made a part hereof as WHEREAS, the City Council finds that the fees imposed by the Planning Fee Schedule are in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Ordinance 2004-060 is hereby amended by the adoption of the Planning Fee Schedule for all purposes and authorized to be imposed for filing applications for review, approval, grant or issuance of plats, plans, licenses, certificates, variances, special exceptions or designations required by the subdivision rules and regulations and zoning regulations set forth in the Denton Development Code. SECTION 3. This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. This ordinance shall become effective immediately after 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 A. BURGESS, CITY ATTORNEY BY: _______________________________ ÛÈØ×Þ×Ì ß ÐÔßÒÒ×ÒÙ ßÒÜ ÜÛÊÛÔÑÐÓÛÒÌ ÜÛÐßÎÌÓÛÒÌ Ý·¬§ Ø¿´´ É»¬ îîï Ò Û´³ Ü»²¬±²ô Ì»¨¿ éêîðï °¸±²»:øçìð÷ íìçóèëìï º¿¨: øçìð÷ íìçóééðé ©©©ò½·¬§±º¼»²¬±²ò½±³ Ü»ª»´±°³»²¬ Î»ª·»© Ú»» Í½¸»¼«´» (Amended August 2009) ÐÔÛßÍÛ ÎÛßÜ ÌØÛÍÛ ×ÓÐÑÎÌßÒÌ ÒÑÌÛÍ ß´´ º»» ³«¬ ¾» °¿·¼æ Þ§ ½´±» ±º ¾«·²» øëæðð °ò³ò ±² ¬¸» É»¼²»¼¿§ °®»½»¼·²¹ ¬¸» Ð´¿²²·²¹ ¿²¼ Æ±²·²¹ Ý±³³··±² ³»»¬·²¹ ¿¬ ©¸·½¸ ¬¸» ·¬»³ ©·´´ ¾» ½±²·¼»®»¼ Þ§ ïðæðð ¿ò³ò ±² ¬¸» Ì«»¼¿§ °®»½»¼·²¹ ¬¸» Ý·¬§ Ý±«²½·´ ³»»¬·²¹ ¿¬ ©¸·½¸ ¬¸» ·¬»³ ©·´´ ¾» ½±²·¼»®»¼ Þ§ ¬¸» ½´±» ±º ¾«·²» øëæðð °ò³ò÷ ±² ¬¸» Ó±²¼¿§ ±²» ©»»µ ¾»º±®» ¬¸» Æ±²·²¹ Þ±¿®¼ ±º ß¼¶«¬³»²¬ ³»»¬·²¹ ¿¬ ©¸·½¸ ¬¸» ·¬»³ ©·´´ ¾» ½±²·¼»®»¼ Û¨½»°¬·±²æ Ì¸» »¨½»°¬·±² ¬± ¬¸» ¿¾±ª» ®»¯«·®»³»²¬ º±® º»» °¿§³»²¬ · ¬¸» º»» º±® Û²¹·²»»®·²¹ ×²°»½¬·±² ©¸·½¸ ³«¬ ¾» °¿·¼ ·² º«´´ °®·±® ¬± ¬¸» ®»½±®¼¿¬·±² ±º ¬¸» °´¿¬ Ú¿·´«®» ¬± °¿§æ Ú¿·´«®» ¬± °¿§ ©·´´ ®»«´¬ ·² ®»³±ª¿´ º®±³ ¬¸» ½¸»¼«´»¼ ¿¹»²¼¿ Í«¾³·¬¬¿´ ¿²¼ Î»«¾³·¬¬¿´æ Ú±® ¿´´ °´¿²²·²¹ «¾³·¬¬¿´ Ì¸» ½±¬ ±º ®»ª·»©·²¹ ¬¸» º·®¬ ®»«¾³·¬¬¿´ · ·²½´«¼»¼ ·² ¬¸» ·²·¬·¿´ º»» ý Ì§°» ±º ß°°´·½¿¬·±² Ú»» Ð®»óß°°´·½¿¬·±² Ý±²º»®»²½» 1Pre-Application Conference $250 (credited toward other planning fees) Ð´¿¬ 2For all Development Plat, Commercial Replats, Vacating Plat, Conveyance $250 for initial and Plat and Amending Platone resubmittal engineering and planning review 3Residential: <10 lots: $200 + $6 /lot Preliminary and/or Final PlatResidential: >10 lots: $300 + $10 /lot Nonresidential: $300 + $15 / acre *4Residential Replats$250 (+ Notification Fees) 5Minor Plats$300 + $6 / acre 6Each additional review beyond the second review for all types of $250 (planning submittals) plans/plats 7Extension of Time for Plat$100 8General Development Plan$100 + $15 /acre Ù¿ É»´´ 9 Gas Well Plat$200 + $6 / acre 10Amendment to a Gas Well Plat$250 11Watershed Protection Permit$1,300 per well 12Gas Well Inspection Fee$1,200 per well 13Tree mitigation as required per § 35.22.8.c.iii$125 per inch Ê¿®·¿²½» 14 Variance to Subdivision Regulations$250 per variance *15Board of Adjustment$250 per variance (+ Notification Fees) Æ±²·²¹ ú Ô¿²¼ Ë» 16$ 25 per zoning request per site $ 25 per Certificate of Occupancy request per site Zoning Verification Letter$ 25 per Subdivision request per site $ 25 per Violation request per site Fees are doubled if 24-hour response is requested. *17Annexation Petition$750 (+ Notification Fees) *1805 acres: $1,500 5 +-25 acres: $2,000 Comprehensive Plan Amendment25 +-50 acres: $3,000 50 + acres: $4,000 + $10 / acre (+ Notification Fees) ÐÔßÒÒ×ÒÙ ßÒÜ ÜÛÊÛÔÑÐÓÛÒÌ ÜÛÐßÎÌÓÛÒÌ Ý·¬§ Ø¿´´ É»¬ îîï Ò Û´³ Ü»²¬±²ô Ì»¨¿ éêîðï °¸±²»:øçìð÷ íìçóèëìï º¿¨: øçìð÷ íìçóééðé ©©©ò½·¬§±º¼»²¬±²ò½±³ Ü»ª»´±°³»²¬ Î»ª·»© Ú»» Í½¸»¼«´» (Amended August 2009) ý Ì§°» ±º ß°°´·½¿¬·±² Ú»» *1905 acres: $850 5 +-25 acres: $1,250 Zoning Change (includes PD Concept Plans) and Alternative Site Plan25 +-50 acres: $2,000 50 + acres: $2,000 + $10 / acre (+ Notification Fees) *20Overlay District$250 (+ Notification Fees) *21Specific Use Permit$1,500 + $65 / acre (+ Notification Fees) 22Specific Use Permit for home occupations that require the approval of a SUP, adult day care,in-home child day care as a commercial use, group $500 homes, accessory dwelling units, and any development within the In-fill Special Purpose Districtthat require the approval of a SUP *23$250 + additional $100 if processed administratively Amendment to Specific Use Permit (+ Notification Fees) 24Extension of Time for Specific Use Permit$250 *25Planned Development District: Detailed Site Plan$1,000 + $25 / acre (+ Notification Fees) *26$250 + additional $100 if processed administratively Planned Development District Detailed Site Plan Minor Amendment (+ Notification Fees) 27Planned Development District Detailed Site Plan Time Extension$250 *28Special Exception requiring City Council action$500 (+ Notification Fees) Í·¬» Ð´¿² 29Non-Single-family Site Plan Review (including landscaping and architectural $0.03 per square foot of proposed building with a $50 review)Minimum and not to exceed $1,500 3005 acres: $400 5 +-25 acres: $600 Alternative Development Plans (includes Alternative Landscape Plans) 25 +-50 acres: $1,000 50 + acres: $1,000 + $5 / acre Ó·½»´´¿²»±« Ð»®³·¬ 31Clearing and Grading Permit$100 32Plan reviews other than those submitted as part of a plat$100 Ø·¬±®·½ Ô¿²¼³¿®µ *33 Historic Landmark Designation$65 (+ Notification Fees) *Historic Conservation District 34 $65 (+ Notification Fees) Ò±¬·º·½¿¬·±² Ú»» íë Notification Fees (signs. legal, advertising notices) (Charged for items with $220 asterisk (*) Ý±³°´»¬»²» Î»ª·»© 36Completeness Review for all applications except Pre-Application$50 for each new submittal (Does not apply to resubmittals once an application is found to be complete) Î·¹¸¬ó±ºóÉ¿§ 37Street / Alley / ROW Abandonment Request$100 Application Fee and $750 processing fee 38Easement Abandonment Request$100 application and $500 processing 39ROW Use Agreement Request$100 application and $750 processing fee 40Easement Encroachment Agreement Request$100 application and $500 processing fee 41 $100 and $500 processing fee Request for Easement on City Property Ì®»» Ó·¬·¹¿¬·±² 42Tree mitigation$125 per inch Ô±½¿´ Ð»®³·¬ $250 (Returned or credited toward other fees if 43Local Permit approved) ÐÔßÒÒ×ÒÙ ßÒÜ ÜÛÊÛÔÑÐÓÛÒÌ ÜÛÐßÎÌÓÛÒÌ Ý·¬§ Ø¿´´ É»¬ îîï Ò Û´³ Ü»²¬±²ô Ì»¨¿ éêîðï °¸±²»:øçìð÷ íìçóèëìï º¿¨: øçìð÷ íìçóééðé ©©©ò½·¬§±º¼»²¬±²ò½±³ Ü»ª»´±°³»²¬ Î»ª·»© Ú»» Í½¸»¼«´» (Amended August 2009) Í¿´» ±º Ü±½«³»²¬ 448 ½ x 11 = $0.10 / copy 11 x 17 = $0.25 / copy Black and White Copies24 x 36 = $6 / copy 36 x 36 = $7 / copy 36 x 48 = $8 / copy 458 ½ x 11 = $5 / copy 11 x 17 = $10 / copy Color Copies24 x 36 = $12 / copy 36 x 36 = $14 / copy 36 x 48 = $16 / copy 46Preparation of custom maps$30 per hour ($30 minimum) 47Water Sewer Drainage map books$200 Û²¹·²»»®·²¹ Ú»» Ý±¬ Ý±¬ Ý±¬ Ý±¬ ïóïð ïïóëð ëïóïðð Ñª»® ïðð Ô±¬ Ô±¬ Ô±¬ Ô±¬ 48Preliminary Plan/Plat Review (includes initial review and one review of the $1100$1,200$1600$2,000 re-submittal) 49Each Additional Review with Developer on Preliminary Plan/Plat Review $500$700$900$1,000 50Final Plan/Plat Review (includes initial review and one review of the re-$1,900$3,500$5,500$6,900 submittal) 51Each Additional Review with Developer on Final Plan /Plat Review$500$1000$2000$3000 52CLOMR$2,700$2,700$2,700$2,700 53LOMR (Following CLOMR)$1,000$1,000$1,000$1,000 54LOMR (Without CLOMR)$2,700$2,700$2,700$2,700 55Each additional review$1,000$1,000$1,000$1,000 56TIA$2,200$2,200$2,200$2,200 57Plan reviews other than those submitted as part of a plat2% of the construction cost of the public improvement or $500, whichever is greater 58Variances$250$250$250$250 59Building Permit Site Plan Review$1,300$1,300$1,300$1,300 60Clearing/Grading Permit Review$350 Engineering Preliminary Plat and Final Plat review for one and two lot 61$500 residential subdivision 62Alternative Development Plans (includes Alternative Landscape Plans)$500 63Comprehensive Plan Amendment$500 ý Ì§°» ±º ß°°´·½¿¬·±² Ú»» Ó«²·½·°¿´ Í»¬¬·²¹ Ü»·¹²¿¬·±² 64Municipal Setting Designation (MSD)$5,000 Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Planning Division CASE MANAGER: Fred Greene SUBJECT Receive a briefing, hold a discussion, and give staff direction on a proposed Professional Services Agreement with the firm Jacobs, Inc. to provide planning, architectural design, and engineering services in association with the development of the Downtown Implementation Plan. BACKGROUND In 2002 the City Council adopted the Denton Downtown Master Plan to convert the vision of a vital downtown into reality. The plan established goals that would define the downtown and provide a balance between development and proper planning and design. The plan is divided into sub areas to address the different circumstances, needs, policies, and investment opportunities that are distinct to each area. Overall, the plan evaluates issues that are inter related that should be addressed holistically such as parking, thoroughfares, transit center opportunities and long term investment strategies. Over the past few years, the City has received feedback from the Downtown business community through the Economic Development, and Planning Departments concerning parking, solid waste, City policies and procedures governing development of the downtown area, and open space. In response to this and the pending development of the Downtown Transit Center, the City Council directed staff and earmarked funds for the development of the Downtown Implementation Plan. The purpose of Downtown Implementation Plan is to serve as the catalyst to achieve the goals that define the vision from the Downtown Master Plan. The Downtown Implementation Plan will consist of the following elements: Parking; Architectural Design; Open Space and Linkages; and Land Use Analysis with each component containing recommendations for specific action items to implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land development regulations and a regulatory framework to facilitate economic development in the area; (3) Establish and recognize an innovative and distinct downtown environment and experience; and (4) Provide recommendations to existing policies, regulations, and code provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton Development Code will be used as the basis for all Plan element recommendations. The boundaries for this project are: (West) Carroll Blvd; (North) Parkway and McKinney Streets; (South) Sycamore Street. The eastern boundary for the architectural design element is Bell Street, and Frame and Exposition Streets will serve as the eastern boundary for the parking element. Hickory Street will serve as the connection between the Downtown Square and the Transit Center; and it is proposed that this link will be developed as an arts corridor. In January the City, through the Planning Department, issued a Request for Sealed Proposals (RFSP) to qualified consultants interested in completing the plan. Respondents were directed to respond to the RFSP by February 24, 2009. Twelve (12) highly qualified firms responded to the request and from this twelve, the City created a short list of four (4) candidates to interview. A selection team made up of City staff and members of the business community evaluated all of the applications and made the selections based on the following criteria: and needs for this project; this includes an understanding of the codes, processes, and overall goals that define the vision for Downtown Denton: FACTOR 40% FACTOR 30% 4. Experience and qualifications of key personnel available for this project: FACTOR 15% On this basis, the City selected and commenced negotiations with Jacobs, Inc. for the development and completion of the Downtown Implementation Plan. Jacobs has extensive experience in this area and has completed similar projects for the cities of: Carrollton, Texas; Nampa, Idaho; and McKinney, Texas. Jacobs, Inc. will also provide some continuity between the Downtown and the Transit Center currently being developed as they are the consultant on that project. The applicant has submitted a bid and a time schedule for the project that is currently being reviewed. As part of the contract and project schedule, Jacobs, Inc. is proposing to conduct sixty (60) individual interviews with specific staff, City Council members, Downtown business owners, property owners, and developers to capture the overall vision for the downtown. This public input and participation process will also include the Downtown Task Force which is proposed to serve as the steering committee to provide input on the project during their normally scheduled monthly meetings. OPTIONS 1.Direct staff to move forward with the Professional Services Agreement. 2.Direct staff to take another direction. EXHIBITS 1.RFSP #4237 Downtown Implementation Plan 2.Final Interview Ranking Sheets 3.Downtown Task Force Membership 4.PowerPoint Presentation Prepared and Respectfully submitted by: Brian Lockley, AICP Development Review Committee Administrator ÛÈØ×Þ×Ì ï CITY OF DENTON, TEXAS RFSP # 4237 DOWNTOWN IMPLEMENTATION PLAN City of Denton Planning Department 221 N. Elm Street Denton, Texas 76201 DUE DATE: FEBRUARY 24, 2009 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN I.INTRODUCTION The City of Denton (City), through the Planning & Development Division, is interested in receiving proposals to contract with a qualified planning, research, and design consulting firm (Firm) with considerable experience in citizen involvement/participation, planning, architectural design, market analysis, and sustainability, to develop a Downtown Implementation Plan (Plan). The Plan will be the catalyst to achieve the goals that define the vision for downtown Denton and will be focused according to the boundaries in the attached Downtown Business Districts Map. The Plan will consist of the following elements: Parking; Architectural Design; Open Space and Linkages; and Land Use Analysis with each component containing recommendations for specific action items to implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land development regulations and a regulatory framework to facilitate economic development in the area; (3) Establish and recognize an innovative and distinct downtown environment and experience; and (4). Provide recommendations to existing policies, regulations, and code provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton Plan, and the Denton Development Code will be used as the basis for all Plan element recommendations. II.BACKGROUND Denton, Texas is a Main Street City that tops a triangle formed by itself, Ft. Worth and Dallas. Established in 1857, Denton is the county seat of Denton County and was named for John B. Denton. The Denton Downtown square is the heart of the city and has been a focal point for commerce. The center-piece of the downtown square is the old Denton County Courthouse which was erected in 1896 and restored in 1987. In 2002, the City adopted the Denton Downtown Master PlanThe primary focus of the plan is the balance . between encouraging development and exploring partnership opportunities with private investors, while at the same time ensuring that proper design practices are employed. Denton is a virtual orchestra of small town charm and big city arts, culture, education and entertainment. Arts & Jazz Festival; Arts, Antiques & Autos; Denton Blues Fest; Concerts on the Square; Holiday Lighting Festival. In 2011, Denton will serve as the terminus for the Denton County Transportation Authority (DCTA) transit rail line. The rail line will provide passenger rail service from Denton to the City of Carrollton, where riders may transfer to the Dallas Area Rapid Transit (DART) system and continue into the Dallas/Fort Worth Metroplex. Two transit stations will be built in the City of Denton. The Downtown transit station will be less than one-half mile from the historic Downtown Square. The City is currently planning an A Page 2 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN be pleasant and enjoyable. The firm selected will coordinate this effort with the consultant developing the DCTA Downtown Transit Station Plan. III.SCOPE OF WORK A. EFFORT REQUIRED 1. Downtown Parking Plan a. Review and become familiar with 2002 Downtown Master Plan, the Denton Plan, and the Denton Development Code and any other plan documents to gain insight into development issues within the study area. This will also require meetings with appropriated departments b. Conduct an on-site examinations of designated downtown parking areas both on-street and off-street and perform parking counts and determine peak times and usage requirements. c. Consider planned transit station location and identify parking requirements for bus, and passenger rail in the overall parking plan for downtown. d. Assess parking supply and demand and identify specific locations for additional parking, shared parking, and new public facilities. e. Perform an economic feasibility study of financing options (i.e., Tax Increment Financing) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. Deliverable A parking plan prepared on a block-by-block-basis that details the overall parking supply and demand for on-street and off-street parking and identify specific locations for additional parking, shared parking, and new public facilities with recommendations for funding mechanisms over a specified time period. Plan shall also include recommendations for amendments to existing codes, planning policy decisions and regulations that would impede implementation of the parking plan. Page 3 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN Architectural Design Guidelines a. Assist in the assembling of the downtown architectural design committee consisting of membership approved by the City. b. Facilitate a design and data gathering charrette with the committee to obtain input on desired architectural character of downtown including lighting, signage, setbacks, storefront details, landscaping, screening, and streetscape elements. c. Develop architectural elevations in support of the design guidelines that detail the characteristics and elements of the overall design theme for the project area and other features reflective of the history and culture of downtown Denton, while also allowing for useful and respectful innovations, such as design features that reflect the Leadership in Energy and Environmental Design as well as Crime Prevention Through Environmental Design guidelines. Become familiar with the Historic resources survey as part of this effort. d. Develop a solid waste plan as part of the guidelines to consolidate trash revetments on downtown streets and screen and buffer areas. This will include access issues and dumpster locations. f. Regulating Plan (a schematic representation of the Downtown Master Plan) illustrating the location of streets, blocks, public spaces, and other special features. Deliverable Architectural Design Standards to be implemented for new construction for all land uses in the project area and/or modifications, alterations, or façade changes to existing structures, and recommendations for how plans should be implemented. Land Use Analysis a. Analyze and review and the current zoning of the project area and recommend zoning and code changes to facilitate the Plan goals of the Downtown Master Plan. b. Prepare matrix of land uses that support downtown Development/Redevelopment with underlying zoning classifications by percentage for project area. Matrix shall include density for residential development. Page 4 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN c. Plan shall include vertical and horizontal mixed-use design standards for integration into downtown land uses along with an efficient process for review and/or approval by the City. d. Facilitate a data gathering charrette with the members of the Architectural Design Committee, Planning and Zoning Commission and City Council to obtain input on land use classifications and appropriate zoning to facilitate implementation of the Plan. Deliverable A plan for facilitation of zoning amendments to existing codes and land use regulations and/or creation of new land use districts within the study area with recommended guidelines and standards. Parks, Recreation, and Open Space a. Facilitate a data gathering charrette with the members of the Architectural Design Committee, Planning and Zoning Commission, the Parks, Recreation and Beautification Board, and City Council to obtain input on existing open space and opportunities for open space including streetscape nodes, plaza design integration into building facade and parks. The consultant will also include potential locations for two dimensional and three dimensional pieces of public art throughout the plan area. b. Prepare guidelines and standards for the development of downtown open space and greenway linkages that includes design elements for open space by type of facility (i.e., plaza design v. traditional open space). c. Review and become fa Master Plan, Downtown Master Plan, the Denton Plan, the 2009 Parks, Recreation and Trail System Master Plan, the Denton Development Code and any other plan documents to gain insight into development issues within Quakertown Park. This will also require meetings with & Development and on-site evaluations of the park and City facilities. d. Perform an economic feasibility study of financing options (i.e., Tax Increment Financing) for the provision of required parking spaces with recommendations, as a funding mechanism for infrastructure improvements. Deliverables a.A plan for improving and increasing existing open space and greenway in the study area to support the planned increase in Page 5 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN downtown residential development with recommendations for funding, and; b.An updated Master Plan for Quakertown Park that also addresses future use of existing buildings, use of the park for large special events and festivals, parking, and connectivity to the downtown area and universities. Linkages a. Public Space/Street Standards defining design attributes and geometries for streets that balance the needs of motorists, pedestrians, bicyclists, and transit riders while promoting a vital public realm. These standards should include design specifications for pedestrian friendly sidewalks, travel lane widths, on-and-off street parking, and bicyclists Deliverable A plan for improving and increasing linkages in the study area to support the planned increase in downtown residential development with recommendations for funding. General a. Prior to commencement of Downtown Implementation Plan, the City and selected consultant will conduct an initial meeting to review project scope, project schedule, deliverables and planning process. b. Selected consultant will facilitate all stakeholder meetings and make all needed presentations to Planning & Zoning Commission and City Council and any other Council subcommittee necessary for review prior to adoption of the Plan. c. Prior to finalization of all documents the selected consultant shall submit for review and comment a draft document to City representatives. B. FIRM REQUIREMENTS The Firm must demonstrate compliance with the following requirements: 1.Firm will not perform any work for private clients on projects that may be Review or Permitting Process for the downtown area. This does not preclude the Firm from other private work not meeting this criterion. 2.Firm must have in its employment a multi-disciplinary staff of a size sufficient to perform the services. These disciplines must include Page 6 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN Planning, Architecture, and Civil Engineering. The project manager must be a Professional Architect, or Engineer licensed in the State of Texas, or a Professional Planner holding an AICP designation with at least ten years of development design and/or project management experience in Texas. 3.City desires contin or frequent changes in staffing for this Plan may result in termination of the contract. 4.Firm will provide customer service to the City in accordance with the . 5.Provide comments and feedback in a timely manner in accordance with C. PROJECT IMPLEMENTATION SCHEDULE 1. The City has developed the following project implementation schedule: Distribution of RFP: February 3, 2009 Proposal Submittal Deadline: February 24, 2009 Firm Selection: March 6, 2009 Firm Contract Negotiation: March 9 20, 2009 Firm Contract Award: March 27, 2009 Firm Starts Work: April 8, 2009 IV.SELECTION PROCESS The responses should address each of the following areas in the same order in which they are set forth below. A.STATEMENT OF INTEREST Provide a statement of interest relative to this specific project, including a statement of availability to undertake this project, personnel proposed for the project team, information on similar or relevant projects which the firm has executed and describe the firm's approach and understanding of the project. Page 7 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN B.FIRMS ORGANIZATION 1.Name and Address of the Firm 2.General overview of the Firm 3.Firm Profile, including: a.Type of firm (limited partnership, corporation, etc.) b.Firm History and Age c.Firm Size (including number in each required discipline) d.Areas of special concentration: particular attention should be paid to identifying work in downtown development, specifically with parking plans, open space, economic feasibility studies, downtown architectural design guidelines, and land development code and zoning analysis, and the preparation of land development code amendments e.Telephone number and fax number 4.Description of the Team: a.Identification of the proposed Project Manager b.Identification of key review personnel c.Organization Chart d.Resumes for each key individual on the team and definition of that 5.How the firm will be organized in order to provide continuity of project review over time and on any individual development application 6.Awards Page 8 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN C. REVELANT EXPERIENCE AND CAPABILITIES R whole will be rated by the City by a review of both completed and on-going assignments, years of relevant experience, credentials; greater weight will be given to project experience within the past five (5) years containing the team members proposed: 1.Relevant project experience information to include: a.Entity Name and Location. b.Project description with specific descriptions of responsibilities, successes and failures related to project scope. c.Nature of professional services delivered by Firm on each of these relevant projects, including identification of the responsibility and scope of the team member proposed for participation on the City project. d.List of municipal and private developer client references for relevant projects with contact names and telephone numbers e.Past experience on similar and relevant projects. 2.Project Understanding: a.Briefly describe your understanding of the project scope, important issues, and City requirements. 3.Project Approach: a. considerations and challenges that must be addressed in this project, and how the firm intends to overcome them. Specifically address consensus building and economic feasibility of implementation plan. 4.Team Organization: a. methods. Be specific with regard to internal and external communications, quality control, electronic capabilities, and individual responsibilities. 5. Relevant Experience: a.Include three (3) examples of past work that has been adopted by a local jurisdiction that demonstrates plans for downtown development. Page 9 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN V.SELECTION PROCEDURES / DESCRIPTION OF PROCESS All submissions of proposals must be received by 2:00 p.m. (Central Time) on February 24, 2009 to be considered. A. SUBMITTAL OF PROPOSALS 1. One original copy signed by an officer authorized to bind the company, and nine (9) copies of your completed proposal must be submitted in a sealed envelope by 2:00 p.m. on February 24, 2009. Proposals may be mailed or hand delivered. However, if sent by mail, the proposer is responsible for the timely delivery of the proposal. thirty 2. Proposals shall be no more than (30) 8- cover sheet. An additional 1-page cover letter is also allowed. 3. #4237 Downtown Implementation Plan written on the outside of the package and delivered to: City of Denton Materials Management/Purchasing 901-B Texas Street Denton, TX. 76209 Attn: Tom Shaw not 4. Proposals received after 2:00 p.m. on February 24, 2009 will be considered, and any proposal received after the schedule closing time will be returned to the proposer unopened. 5. Questions concerning technical issues related to this proposal should be directed Brian Lockley at 940-349-8378. 6. Questions concerning procurement issues related to this proposal shall be directed to Tom Shaw at 940-349-7133. B. PROPOSAL WITHDRAWAL No proposal may be withdrawn after having been formally opened by the City. C. LEGAL DISPUTES Proposer agrees and stipulates that in the event any litigation should occur concerning or arising out of any proposals submitted in response to a Request for Proposal, the sole venue of any such legal action shall be in Denton County Texas. Page 10 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN D. CITY AND LICENSES The Proposing Firm must be registered by the State of Texas to provide engineering in the State and have a Texas registered professional engineer or any other professional licensure required by the State to complete this project. Any and all fees and taxes are the responsibility of the proposer. E. REJECTION OF PROPOSALS The City reserves the right to: 1. Reject any and all proposals, and 2. Issue subsequent Requests for Proposals F. PROPOSER RESPONSIBILITY PROPOSAL COSTS Proposer understands and agrees that this Request for Proposals does not obligate the City to pay any costs incurred by the proposer in the preparation and submission of a proposal, or oral interview. G. PROPOSALS PUBLIC INFORMATION After evaluation and award by the City, the unsuccessful proposer may request a debriefing regarding their proposal. Please contact Tom Shaw at 940-349-7133. H. PROPOSAL FORMAT Telecopy (facsimile) proposals will not be accepted by the City. I. EQUAL OPPORTUNITY/AFFIRMATIVE ACTION All Equal Employment Opportunity laws apply to this project. J. STANDARD REQUIREMENTS Any resulting contract will be subject to the standard requirements, terms and conditions of the City covering such contracts. An Official and signed copy of the contract requirements (Agreement) will be furnished to the firm awarded this modifications to the Agreement, other than the information needed to consummate it, need to be addressed in the proposal. The City reserves the right to consider these objections or modifications. Page 11 of 12 RFSP #4237 DOWNTOWN IMPLEMENTATION PLAN CANCELLATION K. The City reserves the right to cancel the contract if the services provided are not by the City. Payment will only be provided on those services that are performed prior to possible cancellation of the contract. VI.EVALUATION AND SELECTION PROCESS A. PROPOSAL REVIEW A Selection Team will review the proposals. This Selection Team will include members of the staff of the City and others familiar with this proposed project. Selection for the professional services in this request will be made on the basis of demonstrated competence and qualifications to perform the services required. need may be invited for an oral interview, if necessary. Once this selection has been made, the City will attempt to negotiate a contract with the selected firm at a fair and reasonable price. Evaluation of proposals will be based on the following: 1. for this project; this includes an understanding of the codes, processes, and overall goals that define the vision for Downtown Denton: FACTOR 40% ence on projects of this magnitude and complexity: FACTOR 30% 15% 4. Experience and qualifications of key personnel available for this project: FACTOR 15% B. FURTHER INFORMATION The City has the option to request that a firm provide further information in order to complete the evaluation. C. CONTRACTING The selected firm will be offered a contract to perform these services. D. NOTIFICATION All proposers will be notified of the firm selected to perform the requested work, upon final determination by the City. Page 12 of 12 AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Human Resources CM/ ACM: George C. Campbell, City Manager SUBJECT Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating the Equal Employment Opportunity Policy for the City of Denton employees; and declaring an effective date. BACKGROUND A five-year Workforce Diversity Plan for the City of Denton was distributed to the City Council in November 2007. As part of that plan, several organizational goals were set by city staff. Included in those goals was a recruitment goal to “[r]ecommend expanding EEO (Equal Employment Opportunity) policy language to go beyond traditional Title VII language to include sexual orientation.” October 2009 was established as the target date for such recommendation. The proposed revision would add the categories of “sexual orientation” and “gender identity” to the list of categories for which the City of Denton provides equal employment opportunities. These revisions would be consistent with the positions that other Texas municipalities, including Dallas and Fort Worth, have taken. This revision has been presented to the leadership team for review and comment, as well as the employee policy review committee. The employee policy review committee is a group of employees from different departments and various levels with the organization. The members are expected to distribute the proposed changes to individuals in their area and solicit comments, questions, and concerns regarding the proposed changes. Both the leadership team and the members of the employee policy review committee support the amendment. OPTIONS Approve the policy as proposed; not approve the policy; or make modifications. RECOMMENDATION Staff recommends that the City Council amend the City of Denton’s Equal Employment Opportunity Policy as drafted. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The proposed revisions were included in the legal status report distributed July 10, 2009. FISCAL INFORMATION There is no fiscal impact on the City of Denton associated with this recommendation. EXHIBITS Proposed revised City of Denton Equal Employment Opportunity Policy (No. 100.01) Respectfully submitted: ______________________________ Carla Romine-Haggmark Director of Human Resources Prepared by: _______________________ Laura A. Hornung Human Resources Compliance Specialist CITY OF DENTON PAGE 1 OF 1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 100.01 SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY INITIAL EFFECTIVE DATE: 07-04-92 TITLE: EQUAL EMPLOYMENT OPPORTUNITY LAST REVISION DATE: 10-01-2009 POLICY STATEMENT: It is the policy of the City of Denton to afford equal opportunity in employment to all individuals regardless of race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, or any protected classification under Federal or state law. Therefore, the City is committed to the following principles of Equal Employment Opportunity law which are designed to achieve a diversified work force: 1.To recruit, hire and promote all job classifications without regard to race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, or any protected classification under Federal or state law. 2.To base decisions of employment so as to further the principles of equal employment opportunity and work force diversity. 3.To ensure that in-house advancement decisions are made in accordance with the principles of equal employment opportunity by imposing only valid requirements for in-house advancement opportunities. 4.To ensure that all personnel actions, including but not limited to compensation, benefits, transfers, layoffs, return from layoff, training, education through tuition reimbursement, will be administered without regard to race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, or any protected classification under Federal or state law. 5.To ensure that all facilities of the City of Denton are available to employees on a non-discriminatory basis; and that all social and recreation programs sponsored for employees be open to participation without regard race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, or any protected classification under Federal or state law. HR/POLICY/100.01 AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Human Resources CM/ ACM: George C. Campbell, City Manager SUBJECT Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating the Disciplinary Actions Policy for the City of Denton employees; and declaring an effective date. BACKGROUND In November 2006, the citizens of Denton voted to amend the city charter so that the City Auditor would become a City Council appointed position. The current policy statement specifically identifies that the City Manager, City Attorney and Municipal Judge are not covered by the Disciplinary Actions policy. The proposed revision to the policy statement for the Disciplinary Actions policy would clarify that all City Council appointees are not covered by the Disciplinary Actions policy. Additional changes were made to the Administrative Procedures, approved by the City Manager, which implement the policy. OPTIONS Approve the policy as proposed; not approve the policy; or make modifications. RECOMMENDATION Staff recommends that the City Council amend the City of Denton’s Disciplinary Actions Policy as drafted. PRIOR ACTION/REVIEW (Council, Boards, Commissions) There has been no prior action or review on this agenda item. FISCAL INFORMATION There is no fiscal impact on the City of Denton associated with this recommendation. EXHIBITS Proposed revised City of Denton Disciplinary Actions Policy (No. 109.01) Respectfully submitted: ______________________________ Carla Romine-Haggmark Director of Human Resources Prepared by: _______________________ Laura A. Hornung Human Resources Compliance Specialist CITY OF DENTON PAGE 1 OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 109.01 SUBJECT: DISCIPLINE AND SEPARATION INITIAL EFFECTIVE DATE: 04/19/88 TITLE: DISCIPLINARY ACTION LAST REVISION DATE: 10/01/2009 POLICY STATEMENT: It is the policy of the City of Denton to maintain an effective, productive, and disciplined work force in order to deliver outstanding quality services to the citizens of Denton. Employees are responsible for performing their jobs in a safe, productive and effective manner and within the instructions and standards established by the employees’ supervisors. In addition, employees are expected to maintain acceptable standards of conduct in their employment. Supervisors are responsible for communicating job duties, responsibilities and performance standards and expectations. Supervisors accomplish this through job orientation, job instruction, coaching and informal discussions with the employee. Temporary employees, seasonal employees, contract employees, city council appointees, Assistant Judges and those employees governed by the provisions of Chapter 143 of the Texas Local Government Code are exempt from this policy, unless specifically stated otherwise herein. The purpose of this policy is to provide direction to supervisors. It does not provide contractual or property rights to any employee. All employees are employed strictly on an at-will basis. ADMINISTRATIVE PROCEDURES: I.INTRODUCTION The City of Denton is an “at-will” employer and may terminate employees at any time and for any reason, with or without cause, unless expressly prohibited by law. These administrative procedures are established to provide appropriate guidelines in carrying out the policies of the City of Denton regarding the progressive disciplinary program. They are intended to address general application of the principles of disciplinary actions in typical situations. Disciplinary actions should include the importance of the City's responsibility to provide outstanding quality services to the citizens. These procedures address a broad range of performance deficits and conduct concerns. They are not intended to address every problem or situation that may arise. It is the responsibility of the supervisor to determine the nature, extent, facts and circumstances in each disciplinary action and to use judgment in the application of these policies and procedures. Disciplinary actions are designed to help the employee correct the problem and build a renewed commitment to the City and job in an equitable and consistent manner. HR/POLICY/109.01 PAGE 2OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 A. Progressive Discipline Model: Not withstanding the fact that the City of Denton is an “at-will” employer, the City of Denton uses a progressive disciplinary process to address employee performance deficiencies. The City of Denton’s progressive disciplinary model, consisting of a system of increasingly significant measures, is utilized to provide feedback to employees so that the employees can correct conduct or performance problems. The City of Denton recognizes four levels of disciplinary intercessions: Level I: Warning Level II: Managed Action Plan (MAP), or Reprimand Level III: Decision Making Leave, Suspension, or Demotion Level IV: Dismissal The City of Denton’s use and publication of the progressive discipline model does not preclude the supervisor from taking appropriately severe disciplinary action when the severity of the violation(s) warrants such action. B. Definitions: "Director of Human Resources or designee" or "authorized representative of the Department of Human Resources" means the Director of Human Resources, the person designated to act in the Director’s absence or a representative of the Human Resources Department. “Performance Correction Notice” is the official form that a supervisor uses to document disciplinary actions. "Supervisor" means the person who is responsible for hiring the employee, administering performance evaluations and implementing disciplinary actions. "Supervisor's Manager" means the person to whom the employee's supervisor reports. II. GENERAL CRITERIA TO BE CONSIDERED IN DISCIPLINARY ACTIONS The following disciplinary measures may be taken, depending upon the particular circumstances surrounding the employee’s conduct. The supervisor may consider the following criteria when determining which disciplinary action to take: HR/POLICY/109.01 PAGE 3OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 1. Severity and type of offense(s); 2. Impact of the offense(s) on other employees, the City and/or citizens; 3. Employee's length of service and work record; 4. Period of time since discussion with the employee about a similar problem or recent disciplinary action for the same or similar problem; 5. Employee’s prior performance appraisals, if any; and/or, 6. Past disciplinary actions taken by the City for the same or similar problem. If a supervisor determines that the nature, severity and impact of the employee's action(s) require a disciplinary action classified as Level III or Level IV, the supervisor should thoroughly investigate the situation, discuss it with the next level supervisor and a representative of Human Resources, and obtain approval from the supervisor’s director and the Director of Human Resources prior to taking any action. Based upon the facts of the situation, Human Resources will provide guidance to the supervisor relating to the suggested course of disciplinary action. III. RESPONSIBILITY AND AUTHORITY FOR ADMINISTERING DISCIPLINARY ACTIONS Supervisors are responsible for enforcing all City policies and procedures, accomplishing the goals and objectives of a division or department and maintaining work performance, attendance and conduct standards among their employees. They are vested with the authority to take appropriate disciplinary action under the directions and guidelines set forth in these procedures. Prior to any disciplinary action being administered, the supervisor shall conduct a thorough examination of the situation before deciding to take any disciplinary action. The Director of Human resources or designee will review all proposed involuntary demotions, suspensions, decision making leaves, and dismissals prior to any formal action being taken by the supervisor or division. All disciplinary actions shall be properly documented on a Performance Correction Notice to substantiate the action being taken. Both the employee and the supervisor shall sign the Performance Correction Notice. The employee should understand that the employee’s signature indicates receipt of the document only, not necessarily agreement with its contents. If the employee refuses to sign, the supervisor should have a witness (who must be of a supervisory level or a member of Human Resources and may not be a work peer of the employee) sign that the Performance Correction Notice was read to the employee, the employee was given an opportunity to ask questions about the disciplinary meeting and that the original of the document was given to HR/POLICY/109.01 PAGE 4OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 the employee. A copy of the Performance Correction Notice shall be forwarded to Human Resources to be placed in the employee’s personnel file and a copy should be kept by the supervisor. If a serious problem arises that endangers the safety, health or life of the employee, another employee or citizen or, if in the judgment of the supervisor, the employee problem is unmanageable, a supervisor has authority to proceed immediately to place the employee on administrative leave with pay or without pay. The supervisor shall immediately notify the department director and the Director of Human Resources or designee. This will allow time to investigate, determine appropriate action and discuss alternate actions prior to formal action being taken. If an employee is placed on administrative leave without pay and it is later determined that the employee is not subject to suspension, demotion, or dismissal, the employee will receive back pay for the period of time that the employee was on unpaid administrative leave. If it is determined that the employee is subject to a suspension, the time spent on administrative leave without pay may be counted against the suspension period that the employee receives as discipline for misconduct. IV. DISCIPLINARY PROCESS The following disciplinary process may be applied to an employee whose performance of duties or personal conduct is unsatisfactory. The policy of progressive discipline shall in no way prevent the supervisor from taking appropriate disciplinary action when the severity of the violation(s) warrants such action. The supervisor should use the performance documentation provided by Human Resources and identified below to document each disciplinary action taken. The original Performance Correction Notice should be signed by the employee as an acknowledgement of receipt of the Performance Correction Notice. The original Performance Correction Notice should be placed in the employee’s personnel file in Human Resources and a copy should always be provided to the employee and another kept by the supervisor. The following process is intended to be descriptive and serve only as a guide to the types of disciplinary responses that may be appropriate. This listing is not intended to be exhaustive or exclusive: A. Warning: 1.A Warning is a Level I form of discipline and is generally the first form of written discipline, depending upon the severity and nature of the misconduct, an employee may receive when the employee is not meeting the supervisor’s performance expectations. A Warning is most appropriate when an employee has received prior verbal and, in some cases, written coaching from the supervisor with respect to specific performance deficiencies and the employee’s performance has not changed to conform to the supervisor’s expectations. HR/POLICY/109.01 PAGE 5OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 2.The supervisor shall discuss the situation with the employee in private and make every effort to discover the reason(s) for the employee's performance and advise the employee of the necessary changes in behavior or performance to correct the problem. B. Managed Action Plan (MAP): 1.A Managed Action Plan (MAP) is a Level II form of discipline and is used as an intensive disciplinary coaching tool when an employee has either exhibited repeated performance deficiencies and has not responded to appropriate coaching and/or when the employee has received a prior Warning(s). 2.When the performance of an employee falls below the acceptable level, supervisors should point out deficiencies to the employee at the time they are observed. An employee who continues to perform below the acceptable level may be placed on a formal program designed to improve performance. The supervisor should communicate this to the employee orally and by presenting him/her with a Performance Correction Notice, including the following information: a.The specific deficiencies observed in the employee’s performance of duties; b.The actions necessary to bring about improvement; c.The period of time in which improvement must occur; d.The specific dates and times during the MAP on which the supervisor shall meet with the employee to discuss progress or lack of progress in improving performance; and, e.Any further action that will result if the employee fails to show satisfactory improvement. 3.During the period of time for the MAP, the supervisor shall meet periodically with the employee to discuss the employee’s progress or lack of progress in addressing the performance and/or conduct issues identified in the MAP. The supervisor shall document what was discussed in the progress meetings with the employee and both supervisor and employee shall sign the documentation. 4.If an employee fails to demonstrate the necessary improvement as required during or upon completion of the MAP, the supervisor, upon discussion and review with Human Resources, may place the employee on a decision making leave, demote the employee, or dismiss the employee. 5.If an employee demonstrates sufficient improvement as required in the MAP, the supervisor will discuss the improvements with the employee and monitor the employee’s continuing performance. Once an employee has satisfactorily completed a MAP, the immediate supervisor shall give the employee a document from the Performance Correction Notice stating that the employee has completed the MAP and reminding the employee that any future HR/POLICY/109.01 PAGE 6OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 violations of the performance and/or conduct addressed in the MAP could jeopardize the employee’s continued employment with the City of Denton. 6.Nothing shall preclude a supervisor from proposing other disciplinary action when an employee commits an additional act of misconduct while the employee is completing a MAP. C. Reprimand: 1. A Reprimand is a Level II form of disciplinary action. Any supervisor in the employee's chain of command may issue a subordinate employee a Reprimand. In the event that the Reprimand is issued by someone other than the employee's direct supervisor, a report of such action shall be made to the direct supervisor. The Reprimand may be issued when the employee has demonstrated an inability to perform required job duties; has excessive absences that constitute an abuse of the attendance policy; or has minor personal conduct problems. 2. An employee who demonstrates significant inability to perform required duties or a serious personal conduct problem may be issued a Reprimand without having first been issued Warning or having discussed the problem with the supervisor. D. Decision-Making Leave: 1. A Decision-Making Leave is a Level III form of discipline. The immediate supervisor may provide the Director of Human Resources or designee with documentation and records, using the Performance Correction Notice form, supporting a request that an employee be placed on a Decision-Making Leave with or without pay. The employee’s overall work record, work performance, attendance and conduct problems should be reviewed. The Human Resources Director or designee will meet with the employee to discuss the performance or conduct issues. After the employee meets with the Human Resources Director or designee, the employee will be placed on a one day Decision-Making Leave with or without pay for the following work day (shift). The Decision-Making Day is intended to allow the employee to reflect on performance, work responsibilities, wants, needs, etc. and to make a decision as to whether the employee wants to make the necessary performance improvements to continue employment with the City of Denton. The supervisor should prepare a Performance Correction Notice outlining the reasons for the Decision-Making Leave and the specific day the leave is to be taken (the next work day). 2. Upon return from a Decision-Making Leave, the employee must report a decision to continue employment or resign. If the employee decides to continue working for the City of Denton, the employee must present the supervisor with a plan to make the needed performance improvements and the employee and the supervisor will discuss the plan. The employee HR/POLICY/109.01 PAGE 7OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 should be informed that termination will result if the employee does not show immediate and continuous improvement. Following this discussion, the employee will be given a letter summarizing the Decision-Making Leave discussion and the employee’s decision. The letter should be signed by the employee to acknowledge receipt of the letter and provided a copy of the signed letter. The original letter should be placed in the employee’s file in Human Resources. E. Suspension Without Pay: 1. A Suspension Without Pay is a Level III form of disciplinary action. A supervisor may recommend a Suspension Without Pay for up to 30 days. In determining the length of the Suspension Without Pay, the supervisor should consider the nature and severity of the conduct, impact on the organization and previous disciplinary actions. No disciplinary Suspension Without Pay or combination of Suspensions Without Pay will exceed 30 working days in a 12-month period. All proposed Suspensions Without Pay without pay will require the approval of the Director of Human Resources or designee and any Suspension Without Pay for more than 15 days without pay must be approved by the Assistant City Manager. Supervisors requesting a Suspension Without Pay without pay should complete a Performance Correction Notice form identifying the reasons for the requested Suspension Without Pay. 2. Employees classified as exempt under the Fair Labor Standards Act may not be suspended for any period of time less than a full work period (Friday midnight to Friday midnight) except in the following situations: a.An exempt employee may be suspended for one or more full days for serious workplace misconduct. “Serious workplace misconduct” is defined to consist of the violation of a major written policy that is applicable to all employees for the City of Denton. Violations of the following City of Denton policies and administrative directives may constitute “serious workplace misconduct”: the Workplace Violence Prevention administrative directive (no. 108.05); the Harassment Prevention policy (no. 108.10); the Drug and Alcohol Free Workplace policy (no. 108.11); the Anti-Substance Abuse and Rehabilitation policy (no. 108.12); and the Fraud Directive (no. 509.01). b.An exempt employee may also be suspended without pay for one or more full days for major safety infractions. A major safety infraction is one that puts another human being in direct threat of loss of life or serious bodily injury. c.Exempt employees may not be suspended for less than a full work week for any general performance related deficiencies or for any misconduct that fails to meet the standards set by the Department of Labor’s regulations relating to the Fair Labor Standards Act. HR/POLICY/109.01 PAGE 8OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 d.Human Resources must review and approve any Suspensions for exempt employees. 3. The following instances are intended to be descriptive and serve only as a guide to the types of infractions for which Suspension may be appropriate. This listing is not intended to be exhaustive or exclusive of the types of conduct for which disciplinary action may be taken: a. Safety violation(s), and b. Any action that could negatively impact the City’s image but is not serious enough to warrant immediate termination 4. Prior to an employee being suspended without pay, the employee will meet with the Director of Human Resources or designee to discuss the actions leading up to the Suspension. F. Involuntary Demotion: 1.Involuntary Demotion is a Level III disciplinary action. Involuntary Demotion may be considered when an employee fails to satisfy the requirements and performance standards established for a position but is able to function productively in another capacity and when an open lower-level position is available in the employee’s department. 2. Typically, employees who are demoted will have their pay reduced by a minimum of 5%, but that amount could be greater if the 5% does not place them within the pay range for the position to which they are demoted. Further, employees who are demoted will have their annual review date changed to the same date as the effective date of the demotion. 3. Prior to an employee being demoted, the employee will meet with the Director of Human Resources or designee to discuss the actions leading up to the Suspension. G. Dismissal: 1. Dismissal is a Level IV disciplinary action. A supervisor may propose to the Director of Human Resources that an employee be dismissed from employment with the City of Denton. A supervisor proposing a dismissal must provide clear, specific and detailed justification for an action of dismissal using the Performance Correction Notice form and attaching any other documentation or summary which supports the supervisor’s proposal. For all employee dismissals, supervisors must consult with the Director of Human Resources or designee and the division head. Human Resources will request review and legal advice of the Legal Department recommendations for dismissal in cases where the HR/POLICY/109.01 PAGE 9OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 employee has had no previous disciplinary actions in accordance with this policy or in cases where the Director of Human Resources deems that review by the Legal Department is warranted. The supervisor will provide documentation of the conduct leading to the recommendation for dismissal. 2. The employee shall be given an opportunity to speak with the Director of Human Resources or designee to discuss the proposed dismissal prior to any final action. At such time, the employee may respond to the supervisor’s reasons for the requested dismissal if the employee chooses to do so. 3. Employees who have a positive drug or alcohol screen, as set forth in the City’s Anti- Substance Abuse and Rehabilitation policy (no. 108.12) will be dismissed. Those employees who would appeal their dismissal must appeal the findings of the drug or alcohol screening as set forth in policy 108.12. 4. Upon review by the City Attorney, consultation with the Director of Human Resources or designee, and approval of the City Manager or designee, the supervisor may deviate from any or all of these procedures and summarily dismiss any employee at any time for any reason or for no reason pursuant to the City of Denton’s “at-will” employer status. V. EXAMPLES OF PERFORMANCE DEFICIENCIES AND PERSONAL CONDUCT SUBJECT TO DISCIPLINARY ACTION Coaching and informal discussions are everyday responsibilities performed by supervisors to ensure that employees are performing their jobs and conducting themselves in an acceptable manner. If a performance, attendance or conduct problem arises, the supervisor may coach and informally discuss the problem with the employee. The objective is to assist the employee in recognizing that a problem exists and to develop effective solutions to correct the problem. Normally, the employee corrects most problems in this manner. When informal discussions fail to bring about the appropriate changes in the employee's behavior, however, formal disciplinary action may be taken. The following actions are intended to be descriptive and serve only as a guide to the types of problems for which disciplinary action may be appropriate. This listing is not intended to be exhaustive or exclusive of the types of conduct for which disciplinary action may be taken: A. Performance of duties: The following are examples relating to unsatisfactory performance of duties for which disciplinary action may be taken. This list is not intended to be all-inclusive. It does describe examples of unsatisfactory performance that management believes are unacceptable and could jeopardize an employee's continued employment. Examples are: HR/POLICY/109.01 PAGE 10OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 1. Incompetence in the performance of duties: The fact that any employee is deemed competent at the time of employment will not preclude a judgment of incompetence as the result of apparent unwillingness to perform assigned tasks, being absent without approved leave or demonstrating unnecessary absence from the assigned work area during assigned hours of work. Other proof of incompetence may include repeated oral and written disciplinary actions for minor infractions of policies, rules, regulations, manuals or directives and/or repeated oral and written disciplinary actions demonstrating the employee's inability to meet performance standards. 2. Failure to satisfactorily meet performance standards for the position. 3. Patterned absenteeism without sufficient medical justification. 4. Absence without approved leave. 5. Tardiness as a habitual pattern or failure to report for duty at the assigned time and place. 6. Violation of written departmental regulations regarding the performance of duties. 7. Careless, negligent or improper use of City property or equipment. 8. Improper use of leave privileges. 9. Discourteous treatment of the public or other employees. 10. Neglect or carelessness in the performance of duties. 11. Failure to meet or maintain specified conditions of employment, such as failure to obtain or maintain a license or certificate required as a condition for performing a job. 12. Negligently causing damage to City property. 13. Causing or contributing to an accident by operating City equipment in an unsafe or unauthorized manner. B. Personal Conduct: The following are examples relating to personal conduct for which disciplinary action may be taken. The list is not intended to be all-inclusive. It does describe examples of conduct which management believes are unacceptable and could jeopardize an employee's continued employment. Examples are: HR/POLICY/109.01 PAGE 11OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 1. Violating a City policy (i.e., Drug and Alcohol Free Workplace (108.11), Harassment (108.10), Workplace Violence Prevention (108.05), Fraud (509.01), etc.). 2. Theft of, aiding in or encouraging the theft of cash, City property or equipment. 3. Destroying City records without authorization. 4. Falsifying City records, including application for employment or medical information or other information concerning employment status. 5. Willful damage to public property or willful waste of public supplies, service or equipment. 6. Insubordination: the refusal to perform a reasonable, lawful, safe and proper work assignment, duty or task from an authorized supervisor. 7. Physical assault committed on the job upon a City employee, member of the public or City official. 8. Using an official position or office for economic gain or soliciting favors or gratuities for performing services required by the employee's position. 9. Disclosing information as defined by statute to be confidential. 10. Unauthorized use or possession of City funds or property. 11. Possession or use of weapons on City property or while performing City responsibilities except as authorized as part of the job (i.e., law enforcement). 12. Making threats against another employee or a member of the public. 13. Engaging in any employment activity or enterprise that constitutes a conflict of interest. 14. Using City property or equipment without authorization. 15. Dereliction of duty that is detrimental to the proper performance of the functions of the City. The following subsections constitute dereliction of duty: a. Failure of a supervisor to immediately take action when a violation of policies, rules or regulations comes to the supervisor’s attention, regardless of the supervisor's or violator's assignment or position in the City. HR/POLICY/109.01 PAGE 12OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 b. Failure to observe and adhere to the policies of the employee's division or the City. c. Failure to deliver to the official City custodian any property found by, confiscated by or relinquished to employees of the City without undue delay and, in any event, before the workday is ended. 16. Misusing or failing to use delegated authority in the performance of duties. 17. Using abusive language toward employees or the public. 18. Unnecessarily disrupting the work of other employees. 19. Operating or conducting gambling on the job or on City property. 20. Drinking alcoholic beverages during working hours. 21. Violations of safety rules or practices that endanger the employee or others or that damage City property or equipment. 22. Playing tricks or jokes or engaging in horseplay that adversely affects job performance or safety issues. 23. Making derogatory racial, age, ethnic or sexist remarks while on duty. 24. Engaging in personal business while on duty without the supervisor’s authorization. 25. Failure to report damage to City equipment or property of others. 26. Appropriating City property, i.e., equipment, furniture or construction materials that have been abandoned or discarded. 27. Utilizing City data or information systems for any reason other than City business. 28. Sleeping on the job. 29. Falsely reporting illness or injury or otherwise attempting to deceive the employee’s supervisor or any other City official as to a health or medical condition. 30. Engaging in unbecoming conduct, either on or off duty. “Unbecoming conduct” shall include that which brings the City, the City Council, City Administration or the City’s reputation into HR/POLICY/109.01 PAGE 13OF 14 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY ACTION REFERENCE NUMBER: TITLE: 109.01 disrepute or reflects discredit upon the employee as an employee of the City, or that which impairs the operation or efficiency of the City or the employee. The exercise of constitutional rights or other legally protected activities are not unbecoming conduct. 31. Employees may be disciplined up to and including discharge for conduct which occurs outside regularly scheduled working hours if such conduct affects the employee's ability to work for the City or if it places the City Council, City Administration or the City's reputation in a negative light. An example that might be considered negative light is a conviction for an offense that jeopardizes citizen trust or confidence in an employee's ability to perform required job duties and responsibilities. Pursuant to such policy, an employee may also be disciplined for failing to report an arrest or conviction for an offense that could jeopardize citizen trust or confidence in the employee’s ability to perform required job duties and responsibilities. An employee who is arrested or convicted for such an offense should report the arrest/conviction to his her division within three business days of the offense/conviction. IF THE EMPLOYEE HAS ANY QUESTIONS ABOUT THE NECESSITY OF REPORTING AN ARREST, THE EMPLOYEE SHOULD CONTACT HUMAN RESOURCES AND NOTIFY THE DIRECTOR OF HUMAN RESOURCES OR DESIGNEE OF THE ARREST. VI.REVIEW OF DISCIPLINARY ACTIONS If an employee believes that a disciplinary action taken against him/her is capricious or arbitrary; the discipline violates an existing City of Denton policy; the discipline violates an existing state or federal law or regulation; or when the employee believes that the conduct for which the employee has been disciplined constitutes the exercise of a constitutional right or a statutorily protected activity, the employee may seek a discipline review hearing in accordance with the Disciplinary Appeal policy number 109.03. VII. TEMPORARY AND SEASONAL EMPLOYEES Employees classified as temporary, seasonal or special agreement are not covered by this policy. Although it is recommended that supervisors use the guidelines described in this policy, a temporary or seasonal employees may be dismissed for any reason or for no reason. HR/POLICY/109.01 AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Human Resources CM/ ACM: George C. Campbell, City Manager SUBJECT Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating the Disciplinary Appeal Policy for the City of Denton employees; and declaring an effective date. BACKGROUND In November 2006, the citizens of Denton voted to amend the city charter so that the City Auditor would become a City Council appointed position. The current policy statement specifically identifies that the City Manager, City Attorney and Municipal Judge are not covered by the Disciplinary Appeal policy. The proposed revision to the policy statement for the Disciplinary Appeal policy would clarify that all City Council appointees are not covered by the Disciplinary Appeal policy. Further, the proposed amendment to the Disciplinary Appeals policy statement would state that employees who are dismissed as the result of a positive drug or alcohol test result are not entitled to an appeal under the Disciplinary Appeals policy because the City of Denton’s Anti-Substance Abuse and Rehabilitation policy (no. 108.12) provides an appeal process for those dismissals. OPTIONS Approve the policy as proposed; not approve the policy; or make modifications. RECOMMENDATION Staff recommends that the City Council amend the City of Denton’s Disciplinary Appeal Policy as drafted. PRIOR ACTION/REVIEW (Council, Boards, Commissions) There has been no prior action or review on this agenda item. FISCAL INFORMATION There is no fiscal impact on the City of Denton associated with this recommendation. EXHIBITS Proposed revised City of Denton Disciplinary Appeals Policy (No. 109.03) Respectfully submitted: ______________________________ Carla Romine-Haggmark Director of Human Resources Prepared by: _______________________ Laura A. Hornung Human Resources Compliance Specialist CITY OF DENTON PAGE 1 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 109.03 SUBJECT: DISCIPLINE AND SEPARATION INITIAL EFFECTIVE DATE: 11/08/96 TITLE: DISCIPLINARY APPEAL LAST REVISION DATE: 10/01/2009 POLICY STATEMENT: It is the policy of the City of Denton to give individual employees an opportunity for an appeal regarding disciplinary dismissal, disciplinary suspensions or demotions when they believe that a disciplinary action taken against them is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or when the employee believes that the conduct for which he/she has been disciplined constitutes the exercise of a constitutional right or a statutorily protected activity. Disciplinary appeals are considered according to prescribed guidelines as set forth in the following “Administrative Procedures”. The disciplinary appeal process is designed to afford the employee a responsive forum to guard against biased or arbitrary decisions; however, nothing in this policy shall be construed as a grant to any employee of a property right in tenured public employment. All employees are employed strictly on an at-will basis. Dismissals based upon a positive drug or alcohol test result are not subject to this Disciplinary Appeal process because the City of Denton’s Anti-Substance Abuse and Rehabilitation policy (no. 108.12) provides an appeal process for those dismissals. City Council appointees, temporary employees, seasonal employees, contract employees, and those employees governed by the provisions of Chapter 143 of the Texas Local Government Code are exempt from this policy, unless specifically stated otherwise herein. However, an opportunity for a response and appeal shall be afforded such employees when they believe that a disciplinary action taken against them is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or when the employee believes that the conduct charged constitutes the exercise of a constitutional right or a statutorily protected activity. ADMINISTRATIVE PROCEDURES: I. APPEAL PROCESS FOR SUSPENSIONS, INVOLUNTARY DEMOTIONS AND DISMISSALS A.Requesting the Appeal: An employee who has been demoted involuntarily, suspended without pay or dismissed may request a disciplinary appeal. Disciplinary appeals are conducted by an assistant city manager, a HR/POLICY/109.03 PAGE 2OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY APPEAL REFERENCE NUMBER: TITLE: 109.03 department head , an assistant director or another manager on the same level as an assistant director. “Dismissed” means that an employee has been involuntarily terminated and does not include resignations. 1.All requests for a disciplinary appeal must be in writing and must be filed with the Human Resources Department within ten (10) business days after receiving notification of an action taken. 2.An employee who requests a disciplinary appeal must inform the Human Resources Department in writing of his/her correct mailing address and telephone number if it is different from the address in the Human Resources’ personnel files. Failure to provide current mailing address and telephone information may result in administrative closure of the disciplinary appeal. 3.The written request must set forth the specific reasons why the employee feels the action is capricious or arbitrary; the discipline violates an existing City of Denton policy or administrative directive; the discipline violates an existing state or federal law or regulation; or the employee believes that the conduct for which he/she has been disciplined constitutes the exercise of a constitutional right or a statutorily protected activity. The employee should also identify those persons whom the employee believes have knowledge of facts relevant to the matter being appealed. If the request for a disciplinary appeal fails to contain the reason for the appeal or any facts to support the reason for the appeal, the Director of Human Resources may refuse the request for appeal. 4.Because it is important that disciplinary appeals be resolved as rapidly as possible, time limits, as set out in the following paragraphs, shall be considered a maximum and every effort shall be made to expedite the process. However, the limits may be extended or shortened at any or all steps if both parties agree in writing. In the event either party cannot agree, the Director of Human Resources shall have the discretion to shorten or extend the time limits. In the event the last day of a time limit falls on a weekend or a City holiday, in the case of a time limit based upon calendar days, the time limit shall include the next working day. In all instances, consecutive working days will be counted (excluding Saturday, Sunday, and City holidays) in arriving at the length of the time interval. Under no circumstances shall any failure to meet any time limit affect the validity or finality of event for which a hearing is sought. B.Appointment of Appeal Official 1.The Director of Human Resources or Human Resources designee will appoint the Appeal Official. The Director of Human Resources or designee will not assign an assistant city manager, division or department director or assistant director who played a role in the HR/POLICY/109.03 PAGE 2OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY APPEAL REFERENCE NUMBER: TITLE: 109.03 disciplinary action from which the employee’s complaint arose. An assistant city manager, department director , or assistant director shall be presumed to have played a role in the disciplinary action if he/she: a.Discussed the details of the proposed disciplinary action with the employee or any supervisor in the chain of command; b.Approved the disciplinary action; or c.Personally imposed the disciplinary action. Nothing shall prevent an assistant city manager, a director, or an assistant director of the City from acting as the Appeal Official for an employee's appeal if he/she has merely been informed of the type of disciplinary action imposed against the employee. 2.If the employee requesting the appeal or the employee’s supervisor object to the appointed Appeal Official because of a belief that the appointed Appeal Official is biased, the employee or supervisor may submit a written objection to the Director of Human Resources within three business days of the date of the letter giving notice of the appointment. Any written objection must contain specific facts upon which the objection is based. It is not sufficient objection that the appointed Appeal Official is an employee of the City of Denton. Within five business days of receiving the objection, the Director of Human Resources will determine whether the objection will be sustained based upon the written reasons in the objection--although the Director of Human Resources may seek clarification of those facts from the appointed Appeal Official. Should the Director of Human Resources sustain the objection, the Director of Human Resources will either appoint a different Appeal Official (to which either the appealing employee or the employee’s supervisor may again object in writing within three business days) or the Director of Human Resources may submit a list of three proposed individuals to which each party (the appealing employee or the employee’s supervisor) may object to one name and the Director of Human Resources will select an Appeal Official from the names without objections. It is within the Director of Human Resources’ discretion as to which method is used for the appointment of an Appeal Official. When an objection is made to an Appeal Official, the thirty calendar days by which an Appeal Official must conduct a review and investigation into the employee’s appeal, as described below, will be suspended for the length of time it takes for the Director of Human Resources to determine the objection or appoint another Appeal Official. HR/POLICY/109.03 PAGE 2OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY APPEAL REFERENCE NUMBER: TITLE: 109.03 C.Investigation, Recommendation and Determination 1. The Appeal Official will conduct a review and investigation into the employee’s appeal to be completed within 30 calendar days of the employee's request for an appeal, unless an extension is agreed upon by both parties as described in this policy or unless an objection is made to the Appeal Official as described above. In addition to reviewing the employee’s written appeal and documentation relevant to the discipline, the Appeal Official may conduct interviews of witnesses or persons with knowledge relevant to the appeal. As part of the review process, the Appeal Official may or may not require a face-to-face meeting between the employee filing the appeal and the supervisor who recommended the discipline being appealed. 2. Upon conclusion of the investigation of the appeal, the Appeal Official will make a recommendation to the City Manager and a final action will be concluded within ten (10) business days. The City Manager may accept the recommendation; reject the recommendation; or accept the recommendation with modifications. The City Manager’s acceptance or rejection of the recommendation is the final decision on the appeal. After the City Manager has either accepted the recommendation (with or without modifications) or rejected the recommendation, the City Manager will communicate the final decision in writing to the employee, the employee's supervisor and others with the need to know in the chain of command. 3.As all employees are employed strictly on an at-will basis, and no contractual rights are implicated, no particular burden of proof need be met to sustain a termination or disciplinary sanction. II. OTHER DISCIPLINARY ACTIONS (WARNINGS, MANAGED ACTION PLANS, REPRIMANDS AND DECISION MAKING LEAVES) The appeal procedures described above do not apply to other forms of discipline, including Warnings, Managed Action Plans, Reprimands, and Decision Making Leaves (all described in City of Denton policy no. 109.01). If an employee questions the appropriateness of those disciplines the employee may do one or both of the following: A.Write a rebuttal to the disciplinary action and the rebuttal will be placed in the employee’s personnel file with the disciplinary action. The employee may write the rebuttal on the space provided on the Performance Correction Notice or may write it on a separate sheet of paper. In any case, the employee should submit his/her response within ten (10) business days of receiving the disciplinary action; and/or, B.Speak with his supervisor’s supervisor and/or anyone in his chain of command, up to and HR/POLICY/109.03 PAGE 2OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) DISCIPLINARY APPEAL REFERENCE NUMBER: TITLE: 109.03 including the City Manager, regarding the disciplinary action and request that the disciplinary action be removed or modified. If a supervisor in his/her chain of command, after speaking with the employee, believes that the disciplinary action should be removed or modified, then Human Resources should be contacted to either remove the item from the employee’s personnel file or to assist in modifying the disciplinary action. HR/POLICY/109.03 AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Human Resources CM/ ACM: George C. Campbell, City Manager SUBJECT Consider approval of a resolution of the City of Denton, Texas approving a revised city policy regulating the Introductory Period Policy for the City of Denton employees; and declaring an effective date. BACKGROUND During the spring of 2009, the Human Resources department collected a number of supervisors from different areas in the city to participate in a focus group examining the disciplinary procedures of the City of Denton. One of the issues discussed was the fact that several departments require at least six months in order to train new hires and that by the time the new hire is able to work independently, the introductory period has already passed. A recommendation was made that the introductory period be extended to a full year. (Note: a department director can request that an employee be released from the introductory period after six months if the employee is evaluated and determined to demonstrate sufficient knowledge, skills and abilities to perform the duties of the position.) The extension of the introductory period would not affect any employee’s rights to benefits provided to an employee at the six month anniversary—vacation leave and tuition reimbursement benefits. This proposal has been presented to the leadership team for review and comment, as well as the employee policy review committee. The employee policy review committee is a group of employees from different departments and various levels with the organization. The members are expected to distribute the proposed changes to individuals in their area and solicit comments, questions, and concerns regarding the proposed changes. Both the leadership team and the members of the employee policy review committee support the amendment. OPTIONS Approve the policy as proposed; not approve the policy; or make modifications. RECOMMENDATION Staff recommends that the City Council amend the City of Denton’s Introductory Period Policy as drafted. PRIOR ACTION/REVIEW (Council, Boards, Commissions) There has been no prior action or review on this agenda item. FISCAL INFORMATION There is no fiscal impact on the City of Denton associated with this recommendation. EXHIBITS Proposed revised City of Denton Introductory Period Policy (No. 104.02) Respectfully submitted: ______________________________ Carla Romine-Haggmark Director of Human Resources Prepared by: _______________________ Laura A. Hornung Human Resources Compliance Specialist CITY OF DENTON PAGE 1 OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 104.02 SUBJECT: EMPLOYEE DEVELOPMENT INITIAL EFFECTIVE DATE: 04/19/88 TITLE: INTRODUCTORY PERIOD LAST REVISION DATE: 10/01/2009 POLICY STATEMENT: Every person appointed to a regular position (full-time and part-time) in the service of the City shall be required to successfully complete an introductory period of one (1) year. During the introductory period, the supervisor shall closely observe and evaluate the work of all new employees and encourage their effective adjustment to the position by providing necessary training, coaching and orientation in order to determine the advisability of continued employment. A supervisor may release the employee from his/her introductory period if the supervisor determines that the employee is exhibiting the knowledge, skills, and abilities to be successful in the employee’s position, department and the City of Denton. The purpose of this policy is to allow the employee's supervisor: 1) to train, instruct, review, and counsel the employee in the operations of the department, the expectations of the supervisor, and the performance level required and 2) to identify and correct inadequate performance. The successful completion of an introductory period should not be construed as creating a contract of employment or as guaranteeing employment for any specific duration or as establishing a "just cause" disciplinary or termination standard. ADMINISTRATIVE PROCEDURES: I. Throughout the introductory period, the employee's supervisor should continually assess his/her performance to determine the advisability of continued employment. The supervisor should coach or counsel the employee on the supervisor’s expectations of performance and behavior. The supervisor is to use and administer the Discipline Action policy number 109.01 to document inadequate performance of the introductory period employee. If at any time during the introductory period the supervisor should determine that the employee cannot successfully master the duties of the position, the supervisor shall complete a request for termination and forward it to the Human Resources Director. The Human Resources Director or his/her designee will then review the supervisor’s request for termination. II.If an employee is absent for 30 days or more during the introductory period, the introductory period may be extended by the amount of time the employee was absent to be equivalent to six months of performance. HR/POLICY/104.02 PAGE 2OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) INTRODUCTORY PERIOD REFERENCE NUMBER: TITLE: 104.02 If an employee is placed on a Performance Improvement Plan (PIP) in accordance with Policy No. 109.01 (Disciplinary Action) and that PIP’s ending date is later than one year after the employee’s hire date, the Introductory Period will automatically be extended to the ending date of the PIP. An employee who leaves a regular position with the City and is reemployed shall be considered a new employee and serve the one (1) year introductory period under the same conditions. Benefit accruals and eligibility will be deferred in accordance with the leave without pay policy (111.08). III.Any employee (regardless of the introductory period) will have the opportunity to apply for promotion or transfer. IV.An employee may be released from his/her introductory period status after six months of employment with the City of Denton if the employee’s supervisor, after reviewing the employee’s performance, determines that the employee exhibits the necessary knowledge, skills, and abilities required to be successful in his/her position, department and the City of Denton. If the supervisor determines to release the employee from his/her introductory period, the supervisor shall prepare a memorandum to Human Resources detailing the reasons why and forwarding it to Human Resources. The supervisor shall also copy in the employee on the memorandum as well as the next level supervisor. V.Civil Service employees are governed by Chapter 143 of the Texas Local Government Code, Vernon's Codes Annotated and any Meet and Confer Agreement that may be effective during the time of their employment with the City of Denton. This statute is available for review in the Denton Public Library and the Departments of Fire, Police, and Human Resources. VI.An employee who leaves a regular position with the City in order to actively serve in the United States armed forces shall be reemployed with the City of Denton if the employee complies with all provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA). The conditions of the preceding paragraphs will be applied as required by applicable federal and state laws. HR/POLICY/104.02 Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: August 4,2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of the Denton Celtic Festival, sponsored by the Celtic Cultural Association of Texas. The event will be held at the North Texas State Fairgrounds located at 2217 N. Carroll Blvd. The Denton Celtic Festival begins Saturday, September 12, 2009, at 10:00 a.m. and concludes at 11:00 p.m. The exception is specifically requested for extension of the hours of operation for amplified sound and for an increase in decibels for an outdoor concert from 70 to 75. BACKGROUND The Denton Celtic Festival will provide various activities to entertain and educate the attendees. There will be two stages for patrons to listen to bands from around the state play Celtic music. This will be the first time a multi-city Fire Department Pipe and Drum competition will be held. Fire departments from Irving, McKinney, Lewisville, Dallas, and Fort Worth will be competing with Scottish pipes. The event will share the Celtic heritage by hosting language workshops, dance exhibits, Scottish Clans exhibits, and music workshops. RECOMMENDATION Staff recommends approving the noise exception request . EXHIBITS 1.Letter of Request Respectfully submitted by: Emerson Vorel, Director Parks and Recreation Prepared By: Janie McLeod Community Events Coordinator AGENDA INFORMATION SHEET AGENDA DATE: August 4,2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene ______________________________________________________________________________ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during the Glory of Zion International Ministries conference and celebration. The four day Head of the Year Conference will be held from Thursday, September 17, 2009, through Sunday, September 20, 2009, on the church property located at the corner of Windsor Drive and I-35N. The request is for a variance in decibels (dBs) for an outdoor concert from 70 to 75 dBs and for amplified sound on Sunday from 8:00 a.m. 1:00 p.m. BACKGROUND The Glory of Zion International Ministries will be celebrating completing the purchase of land and moving into the construction phase of the new church. They are expecting about 1,500 attendees from all over the nation. th The event will begin the evening of Thursday, September 17 from 6:00 p.m.-10:00 p.m. and thth continue all day on Friday and Saturday, September 18-19, from 8:00 a.m. 10:00 p.m. The th September 20 Sunday services will be held in a tent on the new site from 8:00 a.m. 1:00 p.m. The stage and sound equipment will be set up to face I-35 and away from surrounding neighborhoods. RECOMMENDATION Staff recommends approving the noise exception request. EXHIBITS 1.Letter of Request 2.Aerial map of the neighborhood Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator ó ProposedTentlocation Westgate CampingWorld Subdivision 500FootRadius ó GloryofZion Churchproperty WestglenSubdivision åÓÎØÉÍÊøÊÓÆ× ó Feet 01653306609901,320 Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009Questions 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 a three year contract for directional boring services for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4266-Three Year Contract for Directional Boring awarded to the lowest responsible bidder Gardner Telecommunications, Inc. in the annual estimated amount of $350,000). The Public Utilities Board recommends approval (4-0). BID INFORMATION This bid requires the contractor to furnish all labor and equipment to perform all operations in connection with the complete installation of directional bores. This would also include the installation of City supplied copper, polyethylene, and PVC conduits in the bores as specified and when required. Section III of the bid is for the supply of steel casing, by the Contractor, used in the bores. The steel casing is separated to allow for fluctuations in the market. The labor to install the bore will stay fixed; however, the prices of steel casing are allowed to fluctuate, based upon specific price indicators outlined in the specifications. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 27, 2009 meeting. RECOMMENDATION Award all sections of this bid to Gardner Telecommunications, Inc. per line item as listed on Exhibit A. The annual estimated expenditure is approximately $350,000. This amount can increase or decrease depending on departmental needs. PRINCIPAL PLACE OF BUSINESS Gardner Telecommunications, Inc. Mesquite, TX Agenda Information Sheet August 4, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT This is a three year agreement with the option to extend the contract for two additional one-year periods, with no changes to the terms or conditions. FISCAL INFORMATION Funding for this service will be charged to the appropriate department, or capital project, as it is used. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit 1: Bid Tabulation 1-AIS-Bid 4266 ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A THREE YEAR CONTRACT FOR DIRECTIONAL BORING SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4266-THREE YEAR CONTRACT FOR DIRECTIONAL BORING AWARDED TO THE LOWEST RESPONSIBLE BIDDER GARDNER TELECOMMUNICATIONS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $350,000). 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 therefore; 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 NUMBER VENDOR AMOUNT 4266 Gardner Telecommunications, Inc. Exhibit A SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 4266 Û¨¸·¾·¬ ß Þ·¼ ý ìîêê Ü¿¬»æ Ö«´§ éô îððç Ì¸®»» Ç»¿® Ý±²¬®¿½¬ Ú±® Ü·®»½¬·±²¿´ Þ±®·²¹ Í»®ª·½» Ò±òÏÌÇËÓ×ÜÜÛÍÝÎ×ÐÌ×ÑÒ ÊÛÒÜÑÎ Ù¿®¼²»® Ì»´»½±³ò ×²½ò Ó»¯«·¬»ô Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ ÌÈ ÍÛÝÌ×ÑÒ ×æ Ü×ÎÛÝÌ×ÑÒßÔ ÞÑÎÛ 2" Diameter Bore in Dirt with Conduit Line(s) 14000FTDBW1 üéòëð installed 2" Diameter Bore in Rock with Conduit 2400FTDBW2 üïðòëð Line(s) installed 4" Diameter Bore in Dirt with Conduit Line(s) 34000FTDBW3 üçòëð installed 4" Diameter Bore in Rock with Conduit 4400FTDBW4 üïíòíð Line(s) installed 6" Diameter Bore in Dirt with Conduit Line(s) 54000FTDBW5 üçòëð installed 6" Diameter Bore in Rock with Conduit 6400FTDBW6 üïíòíð Line(s) installed 8" Diameter Bore in Dirt with Conduit Line(s) 74000FTDBW7 üïïòëð installed 8" Diameter Bore in Rock with Conduit 8400FTDBW8 üïêòïð Line(s) installed 10" Diameter Bore in Dirt with Conduit 94000FTDBW9 üïïòëð Line(s) installed 10" Diameter Bore in Rock with Conduit 10400FTDBW10 üïêòïð Line(s) installed 12" Diameter Bore in Dirt with Conduit 11300FTDBW11 üïëòðð Line(s) installed 12" Diameter Bore in Rock with Conduit 12100FTDBW12 üîïòðð Line(s) installed 14" Diameter Bore in Dirt with Conduit 13300FTDBW13 üïêòðð Line(s) installed 14" Diameter Bore in Rock with Conduit 14100FTDBW14 üîîòìð Line(s) installed 16" Diameter Bore in Dirt with Conduit 15300FTDBW15 üîðòðð Line(s) installed 16" Diameter Bore in Rock with Conduit 16100FTDBW16 üîèòðð Line(s) installed 18" Diameter Bore in Dirt with Conduit 17300FTDBW17 üîðòðð Line(s) installed 18" Diameter Bore in Rock with Conduit 18100FTDBW18 üîèòðð Line(s) installed 20" Diameter Bore in Dirt with Conduit 19300FTDBW19 üîîòðð Line(s) installed ÛÈØ×Þ×Ì ß Ò±òÏÌÇËÓ×ÜÜÛÍÝÎ×ÐÌ×ÑÒ ÊÛÒÜÑÎ Ù¿®¼²»® Ì»´»½±³ò ×²½ò Ó»¯«·¬»ô Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ ÌÈ 20" Diameter Bore in Rock with Conduit 20100FTDBW20 üíðòèð Line(s) installed 24" Diameter Bore in Dirt with Conduit 21300FTDBW21 üîîòðð Line(s) installed 24" Diameter Bore in Rock with Conduit 22100FTDBW22 üíðòèð Line(s) installed ÍÛÝÌ×ÑÒ ××æ ÞÑÎÛÍ É×ÌØ ÍÌÛÛÔ ÝßÍ×ÒÙ ßÒÜ ÝÑÒÜË×Ì Ô×ÒÛøÍ÷ ×ÒÍÌßÔÔÛÜò Ð®·½» ·²½´«¼» ¿´´ ½±¬ ®»¯«·®»¼ °»® °»½·º·½¿¬·±² »¨½´«¼·²¹ ¬»»´ ½¿·²¹ ¿²¼ ½±²¼«·¬ ´·²» ½±¬ò Ò±¬»æ Ð®·½·²¹ ¸¿´´ ¾» ¾§ ¬»»´ ½¿·²¹ ·¦»ò Ì¸» ½±²¬®¿½¬±® ¸¿´´ ¼»¬»®³·²» ¾±®» ·¦» ²»»¼»¼ò Bore in Dirt for 6" diameter steel casing with 232000FTDBSC1 üïìòîë Conduit Line(s) installed in Steel Casing Bore in Rock for 6" diameter steel casing 24200FTDBSC2 üïëòîð with Conduit Line(s) installed in Steel Casing Bore in Dirt for 8" diameter steel casing with 251000FTDBSC3 üïéòîë Conduit Line(s) installed in Steel Casing Bore in Rock for 8" diameter steel casing 26100FTDBSC4 üïèòìð with Conduit Line(s) installed in Steel Casing Bore in Dirt for 10" diameter steel casing 272000FTDBSC5 üïéòîë with Conduit Line(s) installed in Steel Casing Bore in Rock for 10" diameter steel casing 28200FTDBSC6 üïèòìð with Conduit Line(s) installed in Steel Casing Bore in Dirt for 12" diameter steel casing 29300FTDBSC7 üîîòëð with Conduit Line(s) installed in Steel Casing Bore in Rock for 12" diameter steel casing 30100FTDBSC8 üîìòðð with Conduit Line(s) installed in Steel Casing Bore in Dirt for 14" diameter steel casing 31300FTDBSC9 üîìòðð with Conduit Line(s) installed in Steel Casing Bore in Rock for 14" diameter steel casing 32100FTDBSC10 üîëòêð with Conduit Line(s) installed in Steel Casing Bore in Dirt for 16" diameter steel casing 33300FTDBSC11 üíðòðð with Conduit Line(s) installed in Steel Casing Bore in Rock for 16" diameter steel casing 34100FTDBSC12 üíîòðð with Conduit Line(s) installed in Steel Casing Û¨¸·¾·¬ ß Ò±òÏÌÇËÓ×ÜÜÛÍÝÎ×ÐÌ×ÑÒ ÊÛÒÜÑÎ Ù¿®¼²»® Ì»´»½±³ò ×²½ò Ó»¯«·¬»ô Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ ÌÈ Bore in Dirt for 18" diameter steel casing 35300FTDBSC13 üíðòðð with Conduit Line(s) installed in Steel Casing Bore in Rock for 18" diameter steel casing 36100FTDBSC14 üíîòðð with Conduit Line(s) installed in Steel Casing Bore in Dirt for 20" diameter steel casing 37300FTDBSC15 üííòðð with Conduit Line(s) installed in Steel Casing Bore in Rock for 20" diameter steel casing 38100FTDBSC16 üíëòîð with Conduit Line(s) installed in Steel Casing Bore in Dirt for 24" diameter steel casing 39300FTDBSC17 üííòðð with Conduit Line(s) installed in Steel Casing Bore in Rock for 24" diameter steel casing 40100FTDBSC18 üíëòîð with Conduit Line(s) installed in Steel Casing As Sending and Receiving 41SRVP üîëòðð neededViewing Pit $________/ foot deep/ pit ÍÛÝÌ×ÑÒ ×××æ ÍÌÛÛÔ ÝßÍ×ÒÙ ÌÑ ÞÛ ÍËÐÐÔ×ÛÜ ÞÇ ÝÑÒÌÎßÝÌÑÎ 4" Diameter steel casing with 0.2500" 41a500FTSC4 üïïòðð minimum thickness 6" Diameter steel casing with 0.2500" 42500FTSC6 üïïòïð minimum thickness 8" Diameter steel casing with 0.2500" 43500FTSC8 üïîòçð minimum thickness 10" Diameter steel casing with 0.2500"' 44500FTSC10 üïêòîð minimum thickness 12" Diameter steel casing with 0.2500" 45500FTSC12 üïèòðð minimum thickness 14" Diameter steel casing with 0.3125" 46500FTSC14 üíðòêð minimum thickness 16" Diameter steel casing with 0.3125" 47500FTSC16 üíëòéð minimum thickness 18" Diameter steel casing with 0.3125" 48500FTSC18 üíçòíê minimum thickness 20" Diameter steel casing with 0..3750" 49500FTSC20 üìïòçì minimum thickness 24" Diameter steel casing with 0.4375" 50500FTSC24 üëéòêð minimum thickness 30" Diameter steel casing with 0..5000" 51500FTSC30 ÒÑ Þ×Ü minimum thickness 36" Diameter steel casing with 0.5625" 52500FTSC36 ÒÑ Þ×Ü minimum thickness ÛÈØ×Þ×Ì ß Ò±òÏÌÇËÓ×ÜÜÛÍÝÎ×ÐÌ×ÑÒ ÊÛÒÜÑÎ Ù¿®¼²»® Ì»´»½±³ò ×²½ò Ó»¯«·¬»ô Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ ÌÈ ÍÛÝÌ×ÑÒ ×Êæ Ó×ÍÝÛÔÔßÒÛÑËÍ As Mobilization Fee for Bores less than 20 ft. in 53EAM1 üëððòðð neededlength. ÍÛÝÌ×ÑÒ Êæ ÞÑÎÛÍ É×ÌØ ÍÌÛÛÔ ÝßÍ×Ò ÑÒÔÇ ×ÒÍÌßÔÔÛÜò Ð®·½» ·²½´«¼» ¿´´ ½±¬ ®»¯«·®»¼ °»® °»½·º·½¿¬·±² »¨½´«¼·²¹ ¬»»´ ½¿·²¹ ½±¬ò Bore in Dirt for 4" diameter steel casing 542000FTDBS1 üïíòîë installed in Steel Casing Bore in Rock for 4" diameter steel casing 55200FTDBS2 üïìòîð installed in Steel Casing Bore in Dirt for 6" diameter steel casing 561000FTDBS3 üïíòîë installed in Steel Casing Bore in Rock for 6" diameter steel casing 57100FTDBS4 üïìòîð installed in Steel Casing Bore in Dirt for 8" diameter steel casing 582000FTDBS5 üïêòîë installed in Steel Casing Bore in Rock for 8" diameter steel casing 59200FTDBS6 üïéòìð installed in Steel Casing Bore in Dirt for 10" diameter steel casing 60300FTDBS7 üïêòîë installed in Steel Casing Bore in Rock for 10" diameter steel casing 61100FTDBS8 üïéòìð installed in Steel Casing Bore in Dirt for 12" diameter steel casing 62300FTDBS9 üîïòëð installed in Steel Casing Bore in Rock for 12" diameter steel casing 63100FTDBS10 üîíòðð installed in Steel Casing ÍÛÝÌ×ÑÒ Ê×æ Ü×ÎÛÝÌ×ÑÒßÔ ÞÑÎÛ ÑÒÔÇ øÒÑ ÝÑÒÜË×Ì ÑÎ ÍÌÛÛÔ ÝßÍ×ÒÙ÷ 6415000FTDB32" Diameter Bore in Dirt üêòëð 657500FTDB42" Diameter Bore in Rock üçòëð 661500FTDB54" Diameter Bore in Dirt üèòëð 67750FTDB64" Diameter Bore in Rock üïîòíð 681500FTDB76" Diameter Bore in Dirt üèòëð 69750FTDB86" Diameter Bore in Rock üïîòíð 701500FTDB98" Diameter Bore in Dirt üïðòëð 71750FTDB108" Diameter Bore in Rock üïëòïð 721500FTDB1110" Diameter Bore in Dirt üïðòëð 73750FTDB1210" Diameter Bore in Rock üïëòïð 741500FTDB1312" Diameter Bore in Dirt üïìòðð 75750FTDB1412" Diameter Bore in Rock üîðòðð 761500FTDB1514" Diameter Bore in Dirt üïëòðð Û¨¸·¾·¬ ß Ò±òÏÌÇËÓ×ÜÜÛÍÝÎ×ÐÌ×ÑÒ ÊÛÒÜÑÎ Ù¿®¼²»® Ì»´»½±³ò ×²½ò Ó»¯«·¬»ô Ð®·²½·°´» Ð´¿½» ±º Þ«·²»æ ÌÈ 77750FTDB1614" Diameter Bore in Rock üîïòìð 781500FTDB1716" Diameter Bore in Dirt üïçòðð 79750FTDB1816" Diameter Bore in Rock üîéòðð * Per TxDOT standards In case of calculation error, unit pricing shall prevail. ß¼¼»²¼«³ ï YES ß¼¼»²¼«³ î YES 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 27, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 27, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Dick Smith, Bill Cheek, Randy Robinson, Bill Grubbs and John Baines 11 (arrived at 9:02) 12 Absent 13 : Phil Gallivan, excused 14 15 Ex Officio Officers: 16 George C. Campbell, City Manager, excused 17 Howard Martin, ACM Utilities, excused 18 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 23 24 has had an opportunity to raise questions regarding these items prior to consideration. 25 26 2)Consider recommendation of an Ordinance accepting competitive bids and awarding a three 27 year contract for directional boring services for various City departments; providing for the 28 expenditure of funds therefor; and providing an effective date (Bid 4266-Three Year Contract 29 for Directional Boring awarded to the lowest responsible bidder Gardner 30 Telecommunications, Inc. in the annual estimated amount of $350,000). 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 4-0 vote. 33 34 35 The meeting was adjourned by consensus at 9:51 a.m. AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-7460 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Briercliff Park improvements; providing for the expenditure of funds therefore; and providing an effective date (Bid 4311-awarded to the lowest responsible bidder meeting specification, Jones and Jeffery Construction Company, Inc. in the amount of $431,058.85). BID INFORMATION The construction of Briercliff Park will include a 30 space parking lot, sidewalks that will tie into the Unicorn Lake Development, park benches throughout the park, security lighting, an area for two playgrounds, a pavilion with room for eight picnic tables, two soccer practice fields, one softball/baseball practice field and a multi-purpose court. Briercliff Park will be a City of Denton Neighborhood Park that will provide amenities to the surrounding neighborhoods. The users of the park will be able to play on the playgrounds, multi- purpose court or practice fields. They will also be able to access the surrounding areas with the sidewalks that will connect to the Unicorn lake Development and to adjacent neighborhoods. RECOMMENDATION Award to Jones and Jeffery Construction Company, Inc. in the amount of $431,058.85. PRINCIPAL PLACE OF BUSINESS Jones and Jeffery Construction Company, Inc. Denton, TX STAFF ESTIMATE The consultants estimate for the Briercliff Park Construction is $491,000. This does not include the playground equipment which will be quoted and installed separately. Agenda Information Sheet August 4, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT The project is estimated to be completed within 120 working days from the date of Notice to Proceed. FISCAL INFORMATION This project will be funded from Briercliff Park Fund account 400091916.1360.40100. Requisition 94351 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-4311 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF BRIERCLIFF PARK IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4311-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, JONES AND JEFFERY CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $431,058.85). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4311 Jones and Jeffery Construction Company, Inc. $431,058.85 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 4311 Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Utilities Engineering ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance approving an easement for Pipeline Right-Of-Way by and between the City of Denton, as a grantee and the Department of the Army (Corps of Engineers) as grantor relating to location of a City sanitary sewer line within lands of the United States of America, Outgrant No. DAC W63-2-09-0655, Lewisville Lake, Texas, being situated in the Gideon Walker Survey, Abstract Number 1330, Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. (Pecan Park Addition Off-Site Sanitary Sewer Easement – 7300 Block East McKinney Street) The Public Utilities Board recommends approval (4-0). BACKGROUND Kenneth B. Newell, Tarrant Acquisition, Ltd., is the owner of an approximate 80 acre pending residential development tract, known as the Pecan Park Addition, located on the south side of East McKinney Street, southwesterly of the intersection of McKinney Street and Trinity Road. Mr. Newell has petitioned the U.S. Army Corp of Engineers for a sanitary sewer easement that would provide the necessary outfall connectivity to serve the proposed subdivision. The proposed sanitary sewer alignment has been endorsed by Staff via the Development Review Committee process. RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) This item was presented to the Public Utility Board on July 27, 2009. The Board approves this item (4-0). FISCAL INFORMATION 00 The processing fee of $595. has been tendered to the City by the developer and will accompany the submission package to the Corps of Engineers office, notwithstanding City approval. EXHIBITS 1. Ordinance 2. Agreement 3. Site Map 4. PUB Minutes Respectfully submitted, Prepared by Jimmy D. Coulter Paul Williamson Director of Water/Wastewater Real Estate Manager Water Administration ÛÈØ×Þ×Ì ï ORDINANCE NO. 2009-_________ AN ORDINANCE APPROVING AN EASEMENT FOR PIPELINE RIGHT-OF-WAY BY AND BETWEEN THE CITY OF DENTON, AS GRANTEE AND THE DEPARTMENT OF THE ARMY (CORPS OF ENGINEERS) AS GRANTOR RELATING TO THE LOCATION OF A CITY SANITARY SEWER LINE WITHIN LANDS OF THE UNITED STATES OF AMERICA, OUTGRANT NO. DAC W63-2-09-0655, LEWISVILLE LAKE, TEXAS, BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PECAN PARK ADDITION OFF- SITE SANITARY SEWER EASEMENT – 7300 BLOCK EAST MCKINNEY STREET) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute an Easement for Pipeline Right-of-Way between the City of Denton, Texas and the Department of Army (Corps of Engineers), in substantially the form of the agreement that is attached to and made a part of this ordinance for all purposes, for the purpose of locating a City subsurface sanitary sewer line under an approximate .093 acre tract of land, within the lands of the United States of America. SECTION 2. The City Manager is authorized to make the expenditures as set forth in the attached Easement for Pipeline Right-of-Way agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ________ day of ________________, 2009. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _______________________________ ÛÈØ×Þ×Ì î ÛÈØ×Þ×Ì í Ð»½¿² Ð¿®µ ß¼¼² Í·¬» ï ·²½¸ ã ïôîðð º»»¬ Í·¬» Ó¿° ó Ð»½¿² Ð¿®µ ß¼¼²ò Ñºº·¬» Í¿²·¬¿®§ Í»©»® Û¿»³»²¬æ ËòÍò ß®³§ Ý±®° ±º Û²¹·²»»® ÛÈØ×Þ×Ì ì 1DRAFT MINUTES 2PUBLIC UTILITIES BOARD 3July 27, 2009 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7Monday, July 27, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10Chair Dick Smith, Bill Cheek, Randy Robinson, Bill Grubbs and John Baines 11(arrived at 9:02) 12 Absent 13: Phil Gallivan, excused 14 15Ex Officio Officers: 16 George C. Campbell, City Manager, excused 17 Howard Martin, ACM Utilities, excused 18 19 OPEN MEETING: 20 21 CONSENT AGENDA: 22 23The Public Utilities Board has received background information, staff’s recommendations, and 24has had an opportunity to raise questions regarding these items prior to consideration. 25 261)Consider recommendation of an ordinance approving an Easement Agreement between the 27City of Denton and the Department of the Army relating to location of a city sanitary sewer 28line within lands of the United States of America, Outgrant No. DACW63-2-09-0655, 29Lewisville Lake, Texas in the Gideon Walker Survey, Abstract Number 1330, City and 30County of Denton, Texas; authorizing the expenditure of funds therefor; and providing an 31effective date. (Pecan Park Addition off-site sanitary sewer easement – 7300 Block East 32McKinney Street) 33 Board Member Randy Robinson moved to approve Item 1 with a second from Board 34 Member Bill Cheek. The motion was approved by a 4-0 vote. 35 36 37The meeting was adjourned by consensus at 9:51 a.m. 38 AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: City Manager’s Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance repealing Ordinance No. 2008-159 and amending Section 2- 29 of the City Code relating to Rules of Procedure for the City Council of the City of Denton, Texas. BACKGROUND: Ordinance No. 2008-159 was adopted July 15, 2008, amending Section 2-29 of the City Code relating to Rules of Procedure for the City Council. As staff has been preparing the Board, Commission and Committee manual, we reviewed the Rules of Procedure and have found that some areas required updating to accurately reflect current Council procedure. At the Work Session of July 21, 2009, Council reviewed the recommended changes and suggested some revisions. Section 6.4 (4) has been revised from Citizen Reports to Presentations from Members of the Public and all references to citizens have been changed to accurately reflect that anyone can address the Council as was recommended at the work session. These changes along with the two minor word revisions recommended at the meeting have been incorporated into the draft ordinance. Both a red- line copy and a final copy of the ordinance are attached for your review and consideration. RECOMMENDATIONS: Staff recommends adoption of the ordinance to amend the Rules of Procedures for the City Council as directed by the City Council. The new rule for Item 6.3 (3) Presentations by Members of Council or City Manager will not be effective until the new State legislation takes effect on September 1, 2009. PRIOR ACTION/REVIEW (Council, Boards, Commission): City Council conducted a review and recommended revisions the Rules of Procedure during the Work Session held on July 21, 2009. Respectfully submitted, George C. Campbell City Manager Prepared by: Betty Williams Director of Administrative Services Attachments: Red-line Draft Ordinance Draft Ordinance \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc ORDINANCE NO._____________ AN ORDINANCE REPEALING ORDINANCE NO. 2006-175 2008-159 AND AMENDING SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City Charter of the City of Denton, Texas, hereinafter referred to as City, authorize the City Council of the City to promulgate and establish rules of procedure to govern and conduct meetings, order of business, and rules of decorum, while acting as a legislative body representing the City; and WHEREAS, the City Council deems it in the public interest to clarify certain provisions of its Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 2-29 of the City Code, known as the Denton City Council Rules of Procedure, is hereby amended to read as follows: 1. (2-29(a)) AUTHORITY 1.1(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. (2-29(b)) GENERAL RULES 2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vernons Annotated Texas Civil Statutes (Vernons 2009), as amended, shall be open to the public. 2.2 (2) Quorum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. It will be the duty of the Council member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with Chapter 551, TEX. GOV'T. CODE ANN. (Vernons 2009), as amended. 2.6 (6) Questions to Contain One Subject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right of Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)). 2.9 (9) City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) City Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and PAGE 2 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. (2-29(c)) CODE OF CONDUCT 3.1 (1) Council members: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrative Staff: a. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) Citizens: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. PAGE 3 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d. Placards, banners, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step onto the dais. g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand-held cameras only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. l. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at- PAGE 4 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. m. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above-mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person’s removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. 4. (2-29(d)) TYPES OF MEETINGS 4.1 (1) Regular Meetings: The Council shall meet at 6:30 p.m. on the first and third Tuesday of each month, with executive sessions (closed meetings) of the Council commencing at 5:30 p.m., or at suchany other time as may be set by the City Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in the Municipal Building City Hall at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate. 4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, TEX. GOV’T. CODE ANN. § 551.001, et seq. (Vernons 2009, as amended). The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than theMunicipal Building City Hall as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held from 4:30 p.m. to 5:15 p.m. on the first and third Tuesday of each month at such time as may be set by the City Council, or aton such other times day as theAgenda CommitteeCity Council may designate, and at such time as may be set by the City Council to discuss near to mid or long range issues and to answer City Council questions concerning all agenda items.Workshop meetings or work sessions may be held from 5:15 p.m. to 6:30 p.m. or at such other times as the agenda committee may designate, on the first and third Tuesday of each month, to answer Council questions concerning consent agenda items. Workshop or Work Sessions may be held from 4:00 p.m. to 6:30 p.m. or at such other times as the Agenda Committee may designate, on the second Tuesday of each month to discuss mid to long-range issues. Workshops or Work Sessions may be called using the same PAGE 5 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen’s opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 (4) Emergency Meetings: In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernons 2009), as amended. 4.6 (6) Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 (7) Notice of Meetings: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernons 2009, as amended.) 5. (2-29(e)) PRESIDING OFFICER AND DUTIES 5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of the Mayor, Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro- Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. PAGE 6 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc 5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?". If a majority of the members present vote "No", the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presiding Officer: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. ORDER OF BUSINESS(Section 2-29 (f) 6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Council member has an “emergency” item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee or at the direction of a majority of the Council. Conduct of business at special meetings and Council Committees and subcommittees will likewise be governed by an agenda and these Rules of Procedure. 6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with Section 3100.101 of the Tex. Gov’t Code. 6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a time when the Mayor or any Council member may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at PAGE 7 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. The City Council may receive from the City Manager or City staff or a member of the City Council reports about items of community interest including expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person’s public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open Meetings Act, Chapter 551, TEX. GOV’T CODE ANN. (Vernons Annotated Texas Civil Statutes 2009) (Vernons 2009). 6.4 (4) Presentation by CitizensPresentations from Members of the Public: a. CitizenReports from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be determined by the Agenda Committee giving due consideration to the length of the Agenda, the convenience of the public, and the orderly flow of public business. be provided on the agenda after the approval of items for individual consideration and before the item “consideration of new business.” Any speaker providing a citizen report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No citizen person may fill out a “request to speak” form in order to orhave an opportunity to speak or Formatted: Font: 12 pt comment on another citizenperson’s report, which is given at the same Council meeting. An announcement shall be made, prior to the time for citizen reports from members of the public on the agenda, summarizing the main portions of the Rules and Section 3 (2-29(c)), “Code of Conduct” as they may apply to citizensmembers of the public speaking to the Council. b. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council’s agenda for a regular or special meeting, shall complete a “request to speak” form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. Any person wishing to address the Council on a public hearing item should complete a request to speak form and return it to the City Secretary. The Mayor will call upon the citizenperson to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council except that persons giving citizen reports shall speak for no longer than four (4) minutes and applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in paragraph 6.4.d. (5) “Time Limits.” The provisions of this paragraph do not apply to workshop meetings, and a citizenperson’s right to speak and provide input at these meetings shall be limited and controlled by subsection 4.3 (2-29(d)(3)) “Workshop Meetings”. PAGE 8 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc c. Public Hearings:Any person who wishes to address the Council at a public hearing shouldis encouraged to complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizenperson to speak for no longer than three (3) minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5) “Time Limits.” d. Any group or organization comprised of ten or more members present in the City Council Chambers who wishes to address the Council at a public hearing or on a non-public hearing agenda item shall designate a representative to address the City Council and shall limit their remarks to ten (10) minutes or less. The group or organization shall turn in a written designation to the City Secretary prior to the commencement of the meeting identifying the representative who will address the City Council on behalf of the group or organization. 6.5 (5) Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. CitizensrReports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 6.4d (2-29(f)(4). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. 6.6 (6)Oral Presentations by City Manager: Matters requiring the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Act have been satisfied. 6.67 (76) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS (2-29(g)) 7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or directs that the amended ordinance be placed on the next or any future Council Agenda for adoption. 7.2 (2) City Attorney to Approve: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). PAGE 9 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majority Vote Required: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06). 7.5.1(a) Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. LOC. GOV’T CODE ANN. (Vernon 2009), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10) Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; PAGE 10 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council PAGE 11 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 (12) The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the Council to speak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase "Call for the question", or simply saying "Question". 7.13 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding council member may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 (15) Transfer of Appropriations: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. 8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS (2-29(h)) 8.1 (1) Council Committees: The Council may, by resolution and as the need arises, authorize the appointment of Council committees. Any committee so created shall cease to exist when abolished by a majority voteresolution of the Council. 8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Creation of such Committees, Boards and Commissions andMmemberships and selection of members shall be as provided by theCouncil resolutionif not otherwise specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist when abolished by a majority of the resolution vote of approved by the Council. No Committee so PAGE 12 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 (3) Appointments: a. Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d. In an effort to ensure maximum citizen participation, City Council members will continue the general practice of nominating new citizens to replace board members who have served three consecutive, full terms on the same board. per the provisions of Denton Code of Ordinances, Sec. 2- 65. e. Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which may shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 (4) Rules of Procedure: Board,and Commission and Committee members shall comply with the provisions of Article III of Chapter 2 of the Code of Ordinances. Each Board, Commission and Committee member shall be provided a copy of these rules of procedure and each advisory board shall adopt rules of procedure governing the operation of its board, incorporating Sections 2, 3, 5, and 7 hereof insofar as is possible.and a copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of such Boards, Commissions and Committees. 9. VOTES REQUIRED (2-29 (i)) Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) Charter and State Statutory Requirements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vernons 2009.) For a seven member Council, this means five members must vote affirmatively. PAGE 13 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc b. Levying Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two-thirds of the members of the Council (Section 302.101 Texas Tax Code) (Vernons, 2009). c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require a two-thirds vote of the Council (Section 313.053(e) Transportation Code, Vernons 2009). d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loc. Gov’t Code and Section 35.3.4.C.(4) Denton City Code (Development Code). e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City’s Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council (Section 312.002(c)) Texas Tax Code (Vernons 2009). 10. SEVERABILITY CLAUSE (2-29(j)) That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 2. That Ordinance No. 2006-1758-159 is hereby repealed. SECTION 3. That 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 PAGE 14 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure red-line draft for 08042009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft presentation updates 07212009.docS:\Our Documents\Ordinances\09\CC Rules of Procedure draft.doc BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ PAGE 15 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc ORDINANCE NO._____________ AN ORDINANCE REPEALING ORDINANCE NO. 2008-159 AND AMENDING SECTION 2- 29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City Charter of the City of Denton, Texas, hereinafter referred to as City, authorize the City Council of the City to promulgate and establish rules of procedure to govern and conduct meetings, order of business, and rules of decorum, while acting as a legislative body representing the City; and WHEREAS, the City Council deems it in the public interest to clarify certain provisions of its Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 2-29 of the City Code, known as the Denton City Council Rules of Procedure, is hereby amended to read as follows: AUTHORITY 1. (2-29(a)) 1.1(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. GENERAL RULES 2. (2-29(b)) 2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T. CODE ANN. (Vernons Annotated Texas Civil Statutes (Vernons 2009), as amended, shall be open to the public. 2.2 (2) Quorum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. It will be the duty of the Council member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with Chapter 551, TEX. GOV'T. CODE ANN. (Vernons 2009), as amended. 2.6 (6) Questions to Contain One Subject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right of Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)). 2.9 (9) City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) City Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and PAGE 2 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. CODE OF CONDUCT 3. (2-29(c)) 3.1 (1) Council members: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrative Staff: a. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) Citizens: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. PAGE 3 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d. Placards, banners, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step onto the dais. g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand-held cameras only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. l. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at- PAGE 4 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. m. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above-mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person’s removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seating Arrangement: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. TYPES OF MEETINGS 4. (2-29(d)) 4.1 (1) Regular Meetings: The Council shall meet on the first and third Tuesday of each month, at such time as may be set by the City Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in City Hall at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate. : Special meetings may be called by the Mayor, the City Manager, 4.2 (2) Special Meetings or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, TEX. GOV’T. CODE ANN. § 551.001, et seq. (Vernons 2009, as amended). The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than City Hall as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held on the first and third Tuesday of each month at such time as may be set by the City Council, or on such other day as the City Council may designate and at such time as may be set by the City Council to discuss near to mid or long range issues and to answer City Council questions concerning all agenda items. Workshops or Work Sessions may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to participate in the session PAGE 5 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen’s opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 (4) Emergency Meetings: In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernons 2009), as amended. 4.6 (6) Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 (7) Notice of Meetings: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernons 2009, as amended.) PRESIDING OFFICER AND DUTIES 5. (2-29(e)) 5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of the Mayor, Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro- Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?". If a majority of the members present vote "No", PAGE 6 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presiding Officer: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. ORDER OF BUSINESS(Section 2-29 (f) 6. 6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Council member has an “emergency” item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee or at the direction of a majority of the Council. Conduct of business at special meetings and Council Committees and subcommittees will likewise be governed by an agenda and these Rules of Procedure. 6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with Section 3100.101 of the Tex. Gov’t Code. 6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a time when the Mayor or any Council member may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. The City Council may receive from the City Manager or City staff or a member of the City Council reports about items of community interest including expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a PAGE 7 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc person’s public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open Meetings Act, Chapter 551, TEX. GOV’T CODE ANN. (Vernons Annotated Texas Civil Statutes 2009) (Vernons 2009). 6.4 (4) Presentations from Members of the Public: a. Reports from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such reports shall be determined by the Agenda Committee giving due consideration to the length of the Agenda, the convenience of the public, and the orderly flow of public business. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No person may fill out a “request to speak” form in order to speak or comment on another person’s report, which is given at the same Council meeting. An announcement shall be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and Section 3 (2-29(c)), “Code of Conduct” as they may apply to members of the public speaking to the Council. b. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non-public hearing item that is on the Council’s agenda for a regular or special meeting, shall complete a “request to speak” form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. The Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council except that applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in paragraph 6.4.d. (5) “Time Limits.” The provisions of this paragraph do not apply to workshop meetings, and a person’s right to speak and provide input at these meetings shall be limited and controlled by subsection 4.3 (2-29(d)(3)) “Workshop Meetings”. c. Public Hearings: Any person who wishes to address the Council at a public hearing is encouraged to complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the person to speak for no longer than three (3) minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5) “Time Limits.” d. Any group or organization comprised of ten or more members present in the City Council Chambers who wishes to address the Council at a public hearing or on a non-public hearing agenda item shall designate a representative to address the City Council and shall limit their remarks to ten (10) minutes or less. The group or organization shall turn in a written designation to the City PAGE 8 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc Secretary prior to the commencement of the meeting identifying the representative who will address the City Council on behalf of the group or organization. 6.5 (5) Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 6.4d (2-29(f)(4). At the discretion of the presiding officer or a majority of the City Council, any speaker may be granted an extension of time to speak. 6.6 (6) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS (2-29(g)) 7. 7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or directs that the amended ordinance be placed on the next or any future Council Agenda for adoption. 7.2 (2) City Attorney to Approve: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majority Vote Required: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06). 7.5.1(a) Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas PAGE 9 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. LOC. GOV’T CODE ANN. (Vernon 2009), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10) Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; PAGE 10 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 (12) The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the Council to speak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion". In practice, this is done with the phrase "Call for the question", or simply saying "Question". 7.13 (13) Withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding council member may withdraw his or her second. After PAGE 11 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 (15) Transfer of Appropriations: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS (2-29(h)) 8. 8.1 (1) Council Committees: The Council may, by resolution and as the need arises, authorize the appointment of Council committees. Any committee so created shall cease to exist when abolished by resolution of the Council. 8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Creation of such Committees, Boards and Commissionsand memberships and selection of members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist when abolished by a resolution approved by the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 (3) Appointments: a. Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d. In an effort to ensure maximum citizen participation, City Council members will continue PAGE 12 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc the general practice of nominating new citizens to replace board members who have served three consecutive terms on the same board per the provisions of Denton Code of Ordinances, Sec. 2-65. e. Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply with the provisions of Article III of Chapter 2 of the Code of Ordinances. Each Board, Commission and Committee member shall be provided a copy of these rules of procedure and a copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of such Boards, Commissions and Committees. VOTES REQUIRED (2-29 (i)) 9. Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) Charter and State Statutory Requirements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vernons 2009.) For a seven member Council, this means five members must vote affirmatively. b. Levying Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two-thirds of the members of the Council (Section 302.101 Texas Tax Code) (Vernons, 2009). c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require a two-thirds vote of the Council (Section 313.053(e) Transportation Code, Vernons 2009). d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loc. Gov’t Code and Section 35.3.4.C.(4) Denton City Code (Development Code). e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City’s Tax Abatement Policy may be amended or repealed by a vote of three-fourths (3/4) of all members of the City Council (Section 312.002(c)) Texas Tax Code (Vernons 2009). PAGE 13 \\CODAD\Departments\City Manager's Office\cmo\Board & Commission handbook\Agenda Items\Rules of procedure\08042009 CC Mtg Approval\CC Rules of Procedure draft presentation updates 07212009.doc SEVERABILITY CLAUSE (2-29(j)) 10. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 2. That Ordinance No. 2008-159 is hereby repealed. SECTION 3. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ___________________, 2009. __________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ PAGE 14 Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Utilities ACM: Howard Martin, Utilities 349-8232 _________________________________________________________________________________ SUBJECT Consider adoption of an ordinance partially abandoning and vacating a public access and fire lane easement from SR Denton 2181 LLC. To the City of Denton, recorded by County Clerk File Number 2008-72572 of the Real Property Records of Denton County, Texas; and declaring an effective date. BACKGROUND SR Denton 2181 LLC, is requesting the abandonment of 0.093 acres of an existing 0.309 acre public access and fire lane easement. The existing easement was dedicated to the City of Denton on July 02, 2008. The overall easement was a development requirement for public and fire access for Lot 1 Block A, Hickory Creek Center Addition (Walgreens). A portion of the easement crosses a tract of land known as Lot 2, Block A, of the Hickory Creek Center Addition (Auto Zone). The developer is being required to address the public access and fire lane requirements for their Lot 2, Block A undertaking. The developer plans to join the remaining portion of the existing public access and fire lane easement with the new public access and fire lane easement that is being dedicated by plat. The partial easement abandonment request has been reviewed and approved by the Development Review Committee. There are no future plans for utilizing the abandonment area for public and fire access. The construction plans and Final Plat for Hickory Creek Center Addition, Lot 2 Block A, has been approved by the Development Review Committee. The partial abandonment of the existing easement would clear the easement encumbrance on Lot 2, Block A, of the Hickory Creek Center Addition, going forward. Staff performs an analysis on request for easement abandonments as follows: Is the easement tract requested for abandonment considered “excess easement”? Does the easement tract requested for abandonment have a continued public use? Is it in the best interest of the general public to abandon the government’s rights in the subject abandonment tract? Would the granting of this request establish a precedent for easement abandonment for future requests? Staff findings on this analysis are as follows: 1.The requested partial easement abandonment tract fits the criteria of “excess easement.” Excess easement is defined as: Property acquired or used by the City for easement subsequently declared excess (not needed for the Project, the continuation of operation and maintenance of public facilities, and/or no foreseeable application in the future). 2.The partial easement abandonment tract area is not slated for public utilization. As part of the development requirements for the Project, the developer is dedicating an alternative public easement by plat that will tie into the remaining portion of the existing easement. 1 3.The partial easement abandonment is in the public interest because the area for the subject abandonment is no longer needed by the public. 4.This abandonment would not set precedent because the above three standards have been met. OPTIONS 1. Recommend approval of the Partial Easement Abandonment 2. Do not recommend approval RECOMMENDATION Staff endorses adoption of the Ordinance. ESTIMATED PROJECT SCHEDULE September 2009 PRIOR ACTION/REVIEW Development Review Committee FISCAL INFORMATION Not applicable BID INFORMATION Not applicable Exhibits 1. Ordinance 2. Abandonment Exhibit 3. Location Map 4. Final Plat of Hickory Creek Center Addition Lot 2 Block Respectfully submitted, Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: Mark A. Laird Right-of-way Agent Real Estate and Capital Support 2 ÛÈØ×Þ×Ì ï ÛÈØ×Þ×Ì î ÛÈØ×Þ×Ì í î ôóùñíêã øíåîèíåî ìêûóêó÷ ø÷îèíî ïíêé÷ ùê÷÷ñøûð÷ ìûðíæ÷êø÷ ûúûîøíîï÷îè éóè÷ îèé ðíùûèóíîïûì ÛÈØ×Þ×Ì ì AGENDA INFORMATION SHEET AGENDA DATE : August 4, 2009 DEPARTMENT : Transportation Operations ACM : Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the reconstruction of C. Wolfe Road from Highway 2449 North to the intersection with Tom Cole Road; and providing an effective date. The Mobility Committee recommends the agreement (3- 0). BACKGROUND The C. Wolfe Road improvement is required by the Fire Department in order to achieve the necessary emergency service response time for property west of the Airport when runway construction results in closure of Masch Branch Road and Tom Cole Road as a public access to the west side of the Airport. Denton Street Maintenance has initiated this project for an estimated total cost of $420,000 to include drainage improvement, road base reconstruction and installation of two (2) inch asphalt pavement. In order to accommodate this road improvement, the Airport Advisory Board (AAB) recommended to the City Council to fund a portion of the cost from Airport Gas Well Revenue ($260,000). This approval was granted by the City Council at their June 2, 2009 meeting. The portion of cost to improve C. Wolfe Road committed by Commissioner Andy Eads to be paid by Denton County ($100,000) will allow completion of the paved surface. The balance of cost ($60,000) is being provided by Denton Street Maintenance as an in-kind contribution. The project was started by Denton’s Street Maintenance as a routine road improvement project for the current year. In order for the County to pay into this project, the Commissioners Court must approve an Interlocal Cooperation Agreement (ICA) to fund the County share of cost. This is a County road maintained by the City of Denton under a road maintenance agreement. The County ICA is being presented by Airport Staff because the road improvement project was requested by the Airport with AAB approval. Airport Staff is carrying this item forward because the Airport has a specific vested interest in project implementation. PRIOR ACTION/REVIEW 1. The City Council approved the expenditure of Gas Well Revenue for the City’s portion of the project as a Budget Amendment on June 2, 2009, Ordinance 2009-135. 2. The Mobility Committee recommended approval the proposed interlocal agreement at their July 28, 2009 monthly meeting, 3-0. 3. The Airport Advisory Board recommended the expenditure of Airport Gas Well Revenue for the Airport participation in C. Wolfe Road improvements. The vote was 7 to 0 to recommend approval in May 2009. 4. The City of Denton Legal Department has reviewed the interlocal agreement and approved it as to form. EXHIBITS 1. Ordinance 2. Interlocal Cooperation Agreement with Denton County for C. Wolfe Road 3. Map 4. Mobility Committee minutes from July 28, 2009 Respectfully submitted: Quentin Hix Airport Manager ÛÈØ×Þ×Ì ï ÛÈØ×Þ×Ì î NIBROC ENALYKS ÛÈØ×Þ×Ì ì DRAFT MINUTES 1 City Council Mobility Committee 2 Tuesday, July 28, 2009 3 4 After determining that a quorum of the Mobility Committee of the Denton City Council was 5 present, the Chair of the Committee on the Mobility thereafter convened into a meeting on 6 Tuesday, July 28, 2009 at 2:06 p.m. in the City Council work session room, 215 E. McKinney 7 Street, Denton, Texas. 8 9 Present: Chair Pete Kamp, Mayor Mark Burroughs and Council Member Dalton Gregory 10 11 Also Present: Jim Coulter, Director Water Utilities; Mark Nelson, Transportation Director; 12 Emerson Vorel, Director Parks & Recreation; Bob Ticker, Parks Superintendent; Ann Forsythe, 13 Boards and Committees Coordinator; Boris Palchak, DCTA; and Lowell Brown, Denton Record 14 Chronicle 15 16 OPEN MEETING 17 18 4)Receive a report, hold a discussion and take appropriate action regarding a proposed 19 Interlocal Cooperation Agreement with Denton County for reconstruction and maintenance 20 of C. Wolfe Road from FM 2449 to Tom Cole Road. 21 22 Mark Nelson, Transportation Director, stated that the improvement is required in order to 23 provided additional fire access for property west of the Airport when the runway construction 24 results in closure of Masch Branch Road and Tom Cole Road. The interlocal agreement will be 25 an agreement between the City of Denton and Denton County to pave C Wolfe Road which is a 26 gravel road. There are drainage improvements necessary because of the City’s maintenance 27 requirement for the road. Nelson added that paving that road will also improve accessibility to 28 the residential units as well as the number of gas wells located on the west side of the airfield. 29 30 Chair Pete Kamp asked what structures are to the west of the airfield. Nelson replied the UNT 31 Astronomy Lab is located on the north side of Tom Cole Road just west of the Airport. Chair 32 Kamp asked if UNT was agreeable to the improvements. Nelson replied that he visited with 33 UNT’s Assistant Director of Transportation and UNT is agreeable. Nelson also stated that there 34 are two residential units on Tom Cole Road directly west of the Airport, a UNT Biology Lab, 35 and a residential unit east of that location (biology lab). 36 37 Mayor Mark Burroughs asked if this is the first use of the airport gas well revenue. Nelson 38 replied revenues had been used for a parallel taxi-way. Nelson stated that a document was 39 submitted to the City Council on June 2, 2009 which identified projects that the gas well 40 revenues could be used for. The Mayor clarified asking was this the first application of the funds 41 for projects identified in June. Nelson affirmed. Nelson stated that this item is scheduled for 42 City Council consideration on August 4, 2009. 43 44 Council Dalton Gregory moved to approve Item 4 with a second from Mayor Mark 45 Burroughs. The motion was approved by a 3-0 vote. 46 47 The meeting was adjourned by consensus at 3:23 p.m. 48 AGENDA INFORMATION SHEET AGENDA DATE : August 4, 2009 DEPARTMENT : Transportation Operations ACM : Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas Department of Transportation Aviation Division to fund the $90,000 local share of a $1,800,000 grant project to construct a 1,500 ft extension of a taxiway in the southeast development area of Denton Airport. The Airport Advisory Board recommends approval (5-0). BACKGROUND In April 2008, the City of Denton approved an Airport Project Participation Agreement (APPA) with the Texas Department of Transportation – Aviation Division (TxDOT Aviation) to design and construct a hangar access taxiway in the southeast area of the Denton Airport. The design work has been completed as authorized by Ordinance 2008-075. TxDOT Aviation is now submitting an APPA for the construction phase of this project. The project includes a 1,500 foot taxiway extension, relocation and extension of utilities and widening of Lockheed Lane to accommodate new hangar construction on approximately 18 acres of Airport property in the southeast development area. The total cost of construction is projected to be $1,800,000, which cost was originally agreed to be funded 90% by TxDOT Aviation and 10% by the City of Denton. Due to a shift of TxDOT Aviation financial obligations on other capital projects funded through the American Recovery and Reconstruction Act of 2009 (Stimulus Package), the State is proposing to fund the construction phase of taxiway development on a 95/5 cost sharing basis. The proposed APPA for taxiway construction will require $90,000 in funding from the City of Denton. These funds were approved by the City Council to be expended from gas well revenues under a 2008/2009 Budget Amendment authorized by Ordinance 2009-135. If approved, the construction notice-to-proceed for this project is anticipated by late August, 2009. PRIOR ACTION/REVIEW April 1, 2008 - City of Denton approved Ordinance 2008-075 to authorize the Southeast Taxiway Extension Project and to fund the design phase of the Project. June 2, 2009 - City of Denton approved Ordinance 2009-135 to authorize expenditure of Airport Gas Well Revenue for the Southeast Taxiway Project; July 22, 2009 - Airport Advisory Board recommended approval of the APPA by vote 5-0. EXHIBITS 1. Ordinance 2. Agreement 3. Airport Advisory Board minutes on July 22, 2009. Respectfully submitted: Quentin Hix Airport Manager 1 ÛÈØ×Þ×Ì ï ÛÈØ×Þ×Ì î ÛÈØ×Þ×Ì í DRAFT MINUTES 1 AIRPORT ADVISORY BOARD 2 JULY 22, 2009 3 4 5After determining that a quorum was present, the Airport Advisory Board of the City of Denton, 6Texas will convene in a Regular Meeting on July 22, 2009 at 9:30 a.m. in the Airport Terminal 7Building, Meeting Room at 5000 Airport Road, Denton, Texas, at which the following items will 8be considered: 9 10 BOARD MEMBERS PRESENT 11: Chairman, Mr. Woolfolk, Vice Chairman, Dr. Smith, Mr. 12Brewer, Mr. Brown, Mr. Clark. 13 BOARD MEMBERS ABSENT 14: Mr. Eames and Dr. Kristoferson excused absent. 15 STAFF MEMBERS PRESENT 16: Quentin Hix, Airport Manager, Julie Mullins, Administrative 17Assistant, Andrea Sumner, Operations Coordinator, and Scott Aukerman, Field Service Worker 18II. 19 PUBLIC PRESENT: 20 None 21 ITEMS FOR INDIVIDUAL CONSIDERATION 22 23 24 25 VIII.Consider a recommendation on an ordinance of the City of Denton, Texas authorizing the 26 City Manager to execute on behalf of the City of Denton an Airport Project Participation 27 Agreement with the Texas Department of Transportation relating to Southeast Taxiway 28 Project at the Denton Municipal Airport; authorizing and directing the City Manager or 29 his designee to expend funds as provided for in said agreement and to execute documents 30 on behalf of the City of Denton in order to implement the project; and providing an 31 effective date. 32 33 34Mr. Hix informed the Board that this is another project from TxDOT that was a 90/10 35sponsors share grant, but with the stimulus plan, TxDOT had moved some projects around 36and our share will be 5%. Instead of spending $180,000, it will be $90,000 for the sponsors 37share. This project is a construction phase on the Southeast Taxiway Project. Mr. Hix wants 38to put this item on the August 4, 2009 City Council Agenda. 39 40Dr. Smith made a motion to approve the APPA Agreement. Mr. Brown seconded the 41motion. 42 Motion carried 5-0. 43 44 45 Went into recess at 9:38 a.m. and then started the Business Plan meeting at 10:05 a.m. Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - S09-0002 (Villas at North Lakes) Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit (SUP) for forty-six (46) attached and fifty-four (54) detached single family dwelling units on approximately 30.7 acres located within a Neighborhood Residential 3 (NR-3) zoning district on the southwest corner of Hinkle Drive and Windsor Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S09-0002) The Planning and Zoning Commission recommended denial of this request (5-0). BACKGROUND In accordance with Section 35.5.2.2 of the Denton Development Code (DDC), single-family detached dwelling units are permitted by-right within the NR-3 zoning district. However, an attached SUP is required for single-family dwelling units within the NR-3 zoning district. The proposed development consists of both single-family attached and detached units as shown on the attached site plan (See Exhibit 6). Per Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms, or can be made to conform through the use of conditions to meet the standards established in the NR-3 zoning district. This proposed development will have an average lot size of 10,000 square feet for the detached units and 4,856 square feet for the attached units. The average lot size of 10,000 square feet proposed for the detached units is similar to the existing residential developments within the immediate area. To the west of the subject property is a Neighborhood Residential 6 (NR-6) zoning district developed with minimum lots sizes of approximately 10,200 square feet. The proposed average lot size for the attached single-family units is smaller than the existing surrounding residential development. However, the overall development as conditioned by a previously approved Overlay District and the proposed site plan will create a diverse housing opportunity for the area and is compatible with the surrounding developments. The conditions as proposed will also ensure that this development conforms to the standards established within the NR-3 zoning district. As of this writing, staff has received two (2) responses from property owners within 200 feet of the subject property in opposition to the request. Public notification information is provided in Exhibit 5. PRIOR ACTION/REVIEW On February 6, 2007, the City Council approved an ordinance (Ord No.2007-032) for a zoning change from Neighborhood Residential 2 (NR-2) district to a Neighborhood Residential 3 (NR- 3) district with overlay conditions as follows: a.The woods along the south and east boundary of the site will be preserved. b. decorative finial at the corner of each lot will be installed along the perimeter of the site. Rows of shrubbery between the fence and sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a minimum of 12 feet. The developer, and later an H.O.A, will take responsibility for maintenance and irrigation of the approximately 3- acre perimeter landscape area. c.Except for glazing, doors, and trim, the exterior of the homes shall be vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. d.The following restrictions and conditions shall apply to single-family detached homes: Street right-of-way shall be a minimum of 56 feet. Î Parkway width shall be a minimum of 9 feet Î Sidewalk width shall be a minimum of 5 feet. Î Front yard setback shall be a minimum of 15 feet. Î Side yard setback shall be a minimum of 6 feet. Î Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages. Î Rear yard setback shall be a minimum of 20 feet if garages are accessed through Î the rear of the property. Front Entry Garages shall be setback 12 feet from the front most wall of that unit. Î Three car Garages shall not face the street. Î May 20, 2009 Planning and Zoning Commission public hearing. This item was tabled from the July 21, 2009 City Council meeting. OPTIONS 1.Approve as submitted 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION denial The Planning and Zoning Commission recommends of this Specific Use Permit request (5-0). approval The Development Review Committee (DRC) recommends of this Specific Use Permit request subject to the following conditions: 2 1.The approval of this Specific Use Permit shall not grant any waiver to the Overlay conditions approved with Ordinance number 2007.032. 2.The site plan as submitted and shown on Exhibit 6 shall be binding and guide the development of this Specific Use Permit. 3.All single family attached development shall conform to the requirements of the site plan attached hereto and incorporated by reference as Exhibit B; however, any other use permitted by right under the NR-3 zoning classification and use designation, including the single family detached uses shown therein, are not subject to any restrictions imposed or implied by the attached site plan, and are subject only to the general zoning restrictions imposed for the NR-3 zoning district classification and use designation by the Denton Development Code. 4.The applicant shall provide a minimum 50 foot landscape buffer along Windsor Street and Hinkle Drive and a minimum 30 foot landscape buffer along the southern property boundary as shown on the site plan. 5.The applicant shall preserve all trees currently existing on the western property boundaries or the trees can be removed through sufficient mitigation methods approved EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Future Land Use Map 5.Notification Information 6.Proposed Site/Landscape Plan 7.Site Photographs 8.Letter From Applicant 9.Letters in Opposition 10.May 20, 2009 Planning and Zoning Commission Minutes 11.Ordinance Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Prepared by: Nana Appiah, AICP Senior Planner 3 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: S09-0002 DATE TO BE CONSIDERED: August 4, 2009 LOCATION: Southwest corner of Hinkle Drive and Windsor Street APPLICANT: Wade Trim 920 S. Main, Suite 170 Grapevine, TX 76051 OWNER: The Rayzor Company 400 W. Oak Street, Suite 200 Denton, TX 76201 ZONING DISTRICT: The subject property is located in the Neighborhood Residential 3 (NR-3) zoning district. COMPREHENSIVE The subject site is located within the Existing Land Use future land PLAN DESIGNATION: use designation. SITE AND The site is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential 2 (NR-2) North Lakes Park South: Neighborhood Residential 2 (NR-2) Senior Living Facility. East: Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use 12 (NRMU-12) Single family developments and Senior Living facility. West: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 6 (NR-6) North Lakes Park and Single family developments. BACKGROUND The existing zoning designation (NR-3) on the property allows the INFORMATION: development of single family detached units by right and single family attached units through approval of an SUP. The purpose of this request is to develop 46 single family attached and 56 single family detached units. ANALYSIS: Existing Land Use Comprehensive Plan The subject site is located in the designation Analysis: within the Denton Future Land Use Plan. Per the Denton Plan, new developments within an existing residential land use category should be developed to be compatible with patterns and designs to the standards established within the neighborhood. In addition, The Plan 4 recommends that the existing residential development within the neighborhood be vigorously protected and preserved. This development is for single family attached and detached units. The approval of this request will not alter the patterns and design standards within the established neighborhood. This area of the park is mainly used as open space for passive recreation such as walking and running. To the south is a senior living facility. To the east are single family residential developments. The proposed single family development of two housing types will not be detrimental to preserving the existing neighborhood. The development will enhance the general character of the neighborhood by providing opportunities for diverse housing types increasing the sustainability of the community. Development The property is located in the Neighborhood Residential 3 (NR-3) Code/Zoning Analysis zoning district. The NR-3 zoning district is a subcategory of the Neighborhood Residential Land Use. Per Subchapter 35.5.2.1 of the DDC, the purpose of the Neighborhood Residential Land Use is to protect existing neighborhoods and ensure that any new development is compatible with existing land uses, patterns, and designs. Approval of this development will not alter the character or design patterns of the existing residential developments. In addition, there is an overlay restriction which will further restrict the development of this property to ensure that the development is compatible with the surrounding neighborhood. Per Subchapter 35.5.2.2 of the DDC, single family attached dwellings are permitted with approval of an SUP. The criterion with which approval of an SUP is evaluated are set forth in Subchapter 35.6.4 of the DDC. An analysis of the approval criteria is presented under the Findings below. DEPARTMENT AND The Development Review Committee (DRC) has reviewed this AGENCY REVIEW: request for an SUP and provided the following relevant comments. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to subsection 35.6.4.B. a specific use permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; 5 Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed request is for a single family development which includes detached and attached units. The average lot size for the detached units is 10,000 square feet. This lot size is not out of character with the surrounding residential developments. To the west of the property is a Neighborhood Residential 6 (NR-6) developed with an average lot size of 10,200 square feet. The minimum lot size for the attached units is 4,856 square feet. This average lot size is smaller than the surrounding residential development. However, the overall development as conditioned by a previously approved Overlay District and the proposed site plan will create a diverse housing opportunity for the area and is compatible with the surrounding developments. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding vacant property. The proposed single family development with attached units is surrounded by a Neighborhood Residential 3 (NR -3) zoning to the east and Neighborhood Residential 2 (NR-2) to the south. A Neighborhood Residential 6 (NR-6) district is located approximately 470 feet to the west of the subject site. Both the NR-6 and NR-3 districts are already developed with single family homes. South of the property is also developed as a senior living facility. The Lakes Park. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary supporting facilities have been evaluated by the DRC and have been deemed adequate to support this use. 4.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 6 The DRC has reviewed the proposed vehicular and pedestrian traffic. The proposed development will not have an adverse affect on the general public or adjacent developments. According to the Engineering Department, a traffic study may be required during platting of this property if it is determined that the daily trip generation for this development exceeds 1,000 or 100 PM Peak Hour trips. The applicant has met the required parking standards as outlined in Subchapter 35.14.4 Parking Standards. Based on the 8) and shown on the site plan, the proposed development will require 200 parking spaces. The site plan submitted shows two means of ingress and egress to the development. One access is on Windsor Street and the other on Hinkle Drive. According to the applicant, the main access to the site will be through Hinkle Drive, Windsor Street will be utilized for right-in/right-out emergency access only. 5.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur during the construction of the proposed development. However, dust, noise and any vibration associated with the construction of the proposed development will stop once the proposed development is constructed. Section 20 of and odor control during construction. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All new lighting will comply with the standards and regulations under Subchapter 13 in the Denton Development Code. This requirement will be met during the platting, construction plan, and building permit approval process. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed development will meet all landscaping and tree preservation regulations under Subchapter 35.13.7, Tree Preservation and Landscape Requirements Standards, in the 7 Denton Development Code. In addition, the applicant proposes to provide a 50 foot landscape buffer along Windsor Street and Hinkle Drive and a 30 foot landscape buffer along the southern property boundary as shown on the site plan. 8 EXHIBIT 2 Location Map Site 9 EXHIBIT 3 Existing Zoning Map Site 10 EXHIBIT 4 Future Land Use Map Site 11 EXHIBIT 5 Notification Map íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ EXHIBIT 6 ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ EXHBIT 6 12 Exhibit 6 Site /Landscape plan 13 EXHIBIT 7 Site Photographs Photograph looking north from the subject property Photograph looking south from the subject property Photograph looking east from the subject property EXHIBIT 8 Letter From Applicant 15 EXHIBIT 9 Letters in Opposition 16 17 Û¨¸·¾·¬ ïð ÛÈØ×Þ×Ì ïï AGENDA INFORMATION SHEET AGENDA DATE: August 4, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT S09-0006 (Rayzor Gas Wells): Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit to allow for gas well drilling and production on property located on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S09-0006) The Planning and Zoning Commission recommends approval of this request (4-0). BACKGROUND In accordance with Subsection 35.5.2.2 and 35.22.3 of the Denton Development Code (DDC), gas wells are permitted with an SUP within the NRMU zoning district. The Rayzor Ranch Town Center Overlay District, Ordinance Number 2008-284 also requires an SUP for gas well drilling and production. Per Subsection 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms (or can be made to conform through the use of conditions) to the standards established in the NRMU zoning district. It has been determined that the proposed use will conform to the NRMU district subject to recommended conditions of approval and the Rayzor Ranch Town Center Overlay District restrictions. The property is currently undeveloped. The site plan submitted shows one access to the site which aligns with the future location of Panhandle Street. According to the applicant, the proposed access will be utilized temporarily until the portion of Panhandle which abuts the northern portion of the site is constructed. The Planning Department sent certified notices of the public hearing to five (5) property owners within 200 feet and twenty two (22) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff received two (2) responses from property owners within 200 feet of the subject property in favor of the request. Public notification information is provided in Exhibit 5. PRIOR ACTION/REVIEW On November 4, 2008, the City Council approved an Ordinance (Ord No 2008-284) amending the development standards for the Rayzor Ranch Overlay District to allow gas well drilling and production through the approval of a Specific Use Permit. June 17, 2009 Planning and Zoning Commission public hearing On July 21, 2009, the City Council tabled this item to the August 4, 2009 City Council meeting. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends of this Specific Use Permit subject to the following conditions: 1.The approval of this Specific Use Permit shall not grant any waiver to the overlay conditions approved with Ordinance No. 2008-284. 2.The applicant shall install a screening fence along the northern, southern and western boundaries of the site and buffer on the portion of the site along Bonnie Brae Road. 3., as conditioned, shall be constructed within 30 days after drilling operations are complete or planted during the first dormant season after drilling, if approved by the City Landscape Administrator. 4.If screening or landscaping is damaged or removed during fracturing or refracturing operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the landscaping. 5.The site plan as submitted and shown in Exhibit 6 shall guide the development of gas wells on the subject site. 6.Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan to the Development Review Committee for review and approval, detailing how the equipment used in the drilling, completion, transportation, or production of the wells complies with the maximum permissible ambient noise levels. The maximum permissible ambient noise level shall not exceed ninety (90) decibels as measured three hundred (300) feet from the boundary of the drill site. 7.Prior to the issuance of a gas well permit, the operator shall be responsible for establishing and reporting to the City a continuous seventy-two (72) hour pre-drilling ambient noise level. The seventy-two (72) hour study shall include at least one twenty- four hour reading during a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off-site. 8.The sound level meter used in conducting noise evaluations shall meet the American ument and the associated recording and analyzing equipment which will provide equivalent data. 9.A citation may be immediately issued for failure to comply with these conditions. However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given twenty-four (24) hours from notice of non-compliance to correct the violation from an identified source before a citation is issued. Additional extensions of the twenty-four (24) hour period may be granted in the event that the source of the violations cannot be indentified after reasonable diligence by the operator. 10.The operator of the gas well shall instruct and ensure that employees involve in the operation of the gas wells park vehicles on-site only. approval The Development Review Committee recommends of this Specific Use Permit as conditioned. EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Future Land Use Map 5.Notification Information 6.Proposed Site Plan 7.Rayzor Ranch Overlay District Concept Plan 8.Rayzor Ranch Overlay District Master Site Plan 9.Site Photographs 10.Letter from Applicant 11.Letters of Consent from Property Owners 12.June 17, 2009 Planning and Zoning Commission Minutes 13.Ordinance Prepared by: Nana Appiah, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: S09-0006 DATE TO BE CONSIDERED: August 4, 2009 LOCATION: West side of Bonnie Brae, north of Scripture Street. APPLICANT: Range Production Company 100 Throckmorton, Suite 1200 Forth Worth, TX 76102 OWNER: Allegiance Hillview, L.P 14881 Quorum Drive, Suite 950 Dallas, TX 75254 ZONING DISTRICT: The subject property is located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU). COMPREHENSIVE The subject site is located within the Neighborhood Centersfuture PLAN DESIGNATION: land use designation. SITE AND The site is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential Mixed Use (NRMU), Rayzor Ranch Overlay District Undeveloped land South: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District Undeveloped Land. East: Neighborhood Residential 3 (NR-3) City of Denton McKenna Recreation Park/Single family homes. West: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District Undeveloped Land. BACKGROUND The property is located in the NRMU District and the Town Centers INFORMATION: of the Rayzor Ranch Overlay District. As a requirement of the Overlay District, gas well drilling and production are permitted with an SUP. ANALYSIS: Comprehensive Plan The subject site is located in the Neighborhood Centers Future Land Analysis: Use designation. Per the Denton Plan, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a p In addition, Mixed-uses are recommended to be oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. The plan also recommends that areas designated as Neighborhood Centers should contain uses necessary to support the surrounding neighborhood. The uses could include service-oriented retail such as small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats located above service oriented uses. This request is for gas well drilling and production on approximately three acres. According to the applicant, the site will be reduced to two acres after drilling operations are complete. The remaining one acre will be reclaimed. According to the concept plan for the Rayzor Town Center Overlay District, single family attached units are proposed to the north and offices to the west and south of the subject site. The development of the site for gas well drilling and production will not impede the general purpose of the Neighborhood Centers. Development The property is located in the Neighborhood Residential Mixed Use Code/Zoning Analysis (NRMU) zoning district. The NRMU district is a subcategory of the Neighborhood Residential Land Use. Per Subsection 35.5.2.1 of the DDC, the purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. The property is also located within the Town Center of the Rayzor Ranch Overlay District. Per Subsection 35.7.13.8 of Ordinance Number 2008-284 of the Rayzor Ranch Overlay District, the NRMU regulations shall guide the development of the Town Centers within the Rayzor Ranch Overlay district. The property to the north, south and west are undeveloped. Approval of this request, subject to conditions, will not be detrimental to any existing residential development to the east. Per Section 3406 of the any residential development approved after the drilling and production of gas wells on the subject site shall be required to be set back a minimum of 300 feet from the wellheads to protect the development from any adverse affects of this request. The properties located to the east of the subject site, across Bonnie Brae Street include thark and a single family home. The active recreation area of the park is located approximately four hundred and fifty (450) feet and the single family home is located approximately two hundred and eighty four (284) feet from the proposed wellheads. Per Section 35.22.3.B of the DDC, written consent is required from property owners for the location of gas wellheads within two hundred and fifty (250) feet to five hundred (500) feet of a residential structure. The applicant has provided two signed consent agreement documents from residential structure property owners within 500 feet of the proposed gas wellhead sites (See Exhibit 11). DEPARTMENT AND The DRC reviewed this request for an SUP and provided relevant AGENCY REVIEW: comments to the applicant. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to Section 35.6.4.B of the DDC, a specific use permit shall be issued only if all of the following conditions have been met: 1.That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed gas well drilling and production is part of the Rayzor Ranch Town Center Overlay district. Currently, the surrounding properties in the immediate vicinity to the north, south, and west are undeveloped. The current concept plan for the vicinity of the subject site of the Rayzor Ranch Overlay district shows proposed offices to the south and west and single family residential to the north. Per th development shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, the current concept plan for the Rayzor Ranch Overlay designates the subject site for gas well development with an SUP. family home. According to the applicant waivers have been acquired from property owners located within 500 feet of the gas wellheads. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding undeveloped property. There are proposed developments in the vicinity of the subject site. These developments shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, staff is recommending a Brae. This condition will reduce any negative impact this development may have on the surrounding properties. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary supporting facilities have been assessed by the DRC and have been deemed adequate to support this use. 4.The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The proposed gas well development will have one access onto Bonnie Brae Street. The DRC has reviewed the proposed vehicular access to the site and have determined that the proposed driveway to the site has been designed for the safe and convenient movement of vehicular traffic. 5.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur for a short period during the construction of the driveway, drilling, and completion of the gas wells. However, dust, noise and any vibration associated with the development of the site and drilling of the wells will be limited once the proposed development is completed. In addition, noise, and odor control during construction. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All new lighting will comply with the standards and regulations of Subchapter 13 in the Denton Development Code. This requirement will be met during the gas well plat approval review process. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed gas well development will meet all landscaping and tree preservation regulations in Section 35.13.7 of the DDC, Tree Preservation and Landscape Requirements Standards as modified by the Overlay District. In addition, staff is recommending a type along Bonnie Brae and a fence around the entire subject site. EXHIBIT 2 Location Map Site EXHIBIT 3 Existing Zoning Map NRMU NR-3 Site RCC-D EXHIBIT 4 Future Land Use Map Site EXHIBIT 5 Notification Map íÈÛÑÔÚïÎÉÔ×ÔÚÜÉÔÎÏùÜÉØ ôÏîÍÍÎÊÔÉÔÎÏ ôÏ÷ÜÇÎË ïØÈÉËÜÑ EXHIBIT 7 Rayzor Ranch Overlay District Concept Plan EXHIBIT 8 Rayzor Ranch Overlay District Master Site Plan EXHIBIT 9 Site Photographs Looking north towards subject property Looking south towards subject property EXHIBIT 10 Letter From Applicant EXHIBIT 11 Letters of Consent from Property Owners Û¨¸·¾·¬ ïî ÛÈØ×Þ×Ì ïí AGENDA INFORMATION SHEET AGENDA DATE: August 4, 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: Construction Advisory and Appeals Board – nominations from Council Member Engelbrecht and Mayor Burroughs. Historic Landmark Commission – a nomination from Council Member Watts and an “All” position for the entire Council. Planning and Zoning Commission – a nomination from Council Member Watts. Traffic Safety Commission – a nomination from Council Member Watts. Zoning Board of Adjustment – a nomination from Council Member Watts and two “All” alternate positions for the entire Council. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\City Secretary\Boards & Comm\Agenda Info Sheet for Vacancies 8-4-09.doc