Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
03-22-1994
1 .4 VN i { i W i ~ ~rN.n^. d t i f l i, /e I 1. + i 9 . ~f. 4 3 r k CITY COUNCIL AGENDA PACKET ~ b° 3/22/94 r ~ u. 1 I r 1 e 41 Y~ 1 ~ n, Ell, ~ f I r v r r rj>, ~ ~p~ t uk4xtllk• 1*. AS' r I ~ } ~r a agenda No Agsndallam- AGENDA oate sq-22 9 CITY OF DENTON CITY COUNCIL / D MARCH 22, 1994 i Work Session of the City of Denton City Council on Tuesday, March 22, 1994 at 5315 p.m. in tt;e Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered3 } NOTEi Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Session. 5115 P.M. 1. Executive Sessions s A. Legal b:atters Under TEX. GOVT CODE Sec. 551.071 1. Consider pursuing claim City of Denton against Fox.- ~ 51, Inc. ' 2. Consider action in Gibson & Ervin v. City of Denton. { 3. Receive and consider legal advice regarding s f solicitation from public streets. B. Real Estate Under TEX. GOV'T CODE Sec. 551.072 i 1. Consider property acquisition on Foster Road and Mayhill Road. J f C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 2. Receive a report and hold a discussion, and give staff direction regarding the Employee Wellness Program. t , I 3. Receive a report and hold a discussion regarding solicitation j I from the roadways and give staff direction. 9 4. Receive a report, hold a discussion, and give staff direction f regarding the naming of the Leathers Playground at South Lakes Park. 51 Receive a report and hold a discussion regarding "Building Coramunitiess Together", Empowerment Zones and Enterprise Communities, and application for designation as an Enterprise Community. 1, ak, r: is t 'v ^1r5~~ ~ 1v l , I ` _ J 'r q4~t~ i VerKII No.__ _1. Apendalt City of Denton City Council Aganda March 22, 1994 W4 Page 2 n Regular Meeting of the City of Lenton city council on Tuesday, March 220 1994 at 700 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular Session of March 1, 1994. 3. Resolutions of Appreciation t A. Consider approval of a resolution of appreciation for George E. Burger. B. Consider approval of a resolution of appreciation for Bill Angelo. C. Consider approval of a resolution of appreciation for Catherine Tuck. 4. Citizen Reports A. Receive a citizen report from John Shrader regarding fire j protection in the downtown area. B. Receive a citizen report from Kay Williams regarding fire y 1 protection in the downtown area. C. Receive a citizen report from Dessie Goodson regarding "A Vision for Denton". ! 5. Public Hearings # G A. Hold a public hearing and consider the preliminary and final replats of Lots 1-6, and Lots 18-24, Block 2, College View Addition, into Lot iR, Block 2. The 2.201 acre site is located north of Davis Street, between j " Ruddeil and Wood Streets, and is the site of the Sullivan-Keller Learning Center. (The Planning and Zoning Commission recommended approval on March 9, 1994, f ttl J G ~pe~daNo. 9~-l.Y~_ I City of Denton city council Agenda lk2ta~- March 22, 1994 3 Page 3 B. Hold a public hearing to consider the final plat and replat of 10.235 acres known as Lots 18-27, Block AT Lots 41-460 Block 36 of the Southridge Oaks Subdivisions and Lots 28 and 29, Block 36, into Lots 28A and 29A, of the Southridge East Subdivision, Phase 1. The site is located on the west side of Lillian Miller. parkway, at Southridge Drive. (The Planning and Zoning Commission recommended approval on February 9, 1994, 7-0.) C. Hold a public hearing to consider the final replat of Denton High West, Lot 1, Block A. (The Planning and Zoning Commission recommended approval on March 9, 1994, 6-0.) D. Hold a public hearing and consider adoption of an ordinance rezoning approximately 11.92 acres of land from PD 140 and PD 94 to Multifamily Dwelling District-1 Conditioned Zoning, MFl(c), The property is located on the southeast corner of Bernard and Collins Streets. Z-93-032 (The Planning and Zoning Commission recommended approval on February 231 1994, 6-0.) E. Hold a public hearing and consider adoption of an f ordinance changing an 8.278 acre tract of land from General Retail (GR) zoning district to Planned Development, consider a Detailed Plan and consider conditions limiting the categories of uses and parking spaces. The tract, known as Carriage Square Shopping Center, is bound by Eagle Drive, Interstate 35-E, Avenue j C and Collier Street. Z-94-001 (The Planning and Zoning _J Commission recommended approval, with conditions on February 230 1994, 6-0.) F. Hold a public hearing and consider adoption of an ordinance amending the regulatory line map to include an area located in the ETJ, south of FM 453 between the Elm Fork of the Trinity River and FM 2164. (The Planning and Zoning Commission recommended approval on January 12, 1994, 6-0.) 0. Hold a public hearing and consider adoption of an ordinance amending a Specific Use Permit for the Delta f Chi Fraternity to allow continued operation of their meeting hall and offices. This property is located at 119 Avenue A. Z-93-035 (The Planning and Zoning Commission recommended approval on February 9, 1994, 4-0.) r r i r g j; J 1 , ~ t 6 f i. ;gWaNo -N-6-04? City of Denton City Council Agenda Ageldaltem-------- March 221 1994 NIs 29111 Page 4 4110 /gyp. 6. 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. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 7.A, { { 7.8, 7.C, 7.D, 7.E, 7.F, 7.a). 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. Upon the receipt of a "request to speak" form from a citizen regarding an Item on the Consent Agenda$ the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orderbi 1. Bid #1581 - Commercial Refuse Trucks 2. Bid #1586 - Vibratory Roller 3. Bid #1588 - Utility Vehicles 4. Bid #1593 - Fertilizer 6 Herbicide 5. Bid #1602 - Transformers 6. Bid #1594 - Demolition #22 { 7. RFSP #1595 - Controlled Acces;+ Locks 8. RFSP #1597 - wellness Program 9. P.O. #40402 - Steele Freeman 10. P.O. #43435 - Ford Hall Co., Inc. 11. P.O. #43439 - Dictaphone 3 i i a ? it i t 2 i I A i 4 J 'GenAaNo. City of Denton City Council Agenda AgenQa~le March 22, 1994 ~1e Page 5 I ✓ I I 7. Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (7.A.1. - Bid #1581, 7.A.2. - Bid #15871 7.A.3. - Bid #1588, 7.A.4. - Bid #15930 7.A.5. - Bid #1602) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (7.A.6. - Bid #1594) 3 j C. Consider adoption of an ordinance accepting a competitive j sealed proposal and awarding a contract for the purchase of materials, equipment, supplies or services. (7.A.7. - RFSP #1595) i D. Consider adoption of an ordinance authorizing the City Manager to execute an agreement with Dynamic Health 8 Performance Inc. for professional services relating to health screening of employees of the City of Denton. (7.A.8. - RFSP #1597) E. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the i City of Denton and Steele Freeman; and providing for an increase in the contract price. (7.A.9. P.O. #40402) F. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. s (7.A.10 - P.O. #43435) { 0. Consider adoption of an ordinance awarding a contract for the purchase of materials, equipment, supplies or services bid by the State Purchasing General Service Commission. (7.A.11. - P.O. #43439) i H. Consider adoption of an ordinance vacating certain public utility easements recorded in Volume 363, Page 522 of the Deed Records of Denton County, Texas, Volume 363, Page % 523 of the Deed Records of Denton County, Texas, and Volume 431, Page 387 of the Deed Records of Denton County. L' t h f e.. . u . ~genaaNU {gendaltem ! City of Denton City Council Agenda March 22, 1994 t~lf Page 6 ~a g 1. Consider adoption of an ordinance authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 19641 as amended. J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Curtis Smith to purchase property. K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Robin G. and Patty S. Wilson to purchase E property. L. Consider adoption of an ordinance amending solid waste rates for sanitary landfill use as authorized by Chapter i 24 of the Code of ordinances of the City of Denton by amending the charges for use of the landfill. (Public 't Utilities Board recommends approval.) M. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Denton County for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. N. Consider adoption of an ordinance authorizing the Mayor R to execute an agreement between the City of Denton and the Greater Denton Arta Council. o. ~Ionsider adoption of an ordinance authorizing a traffic light synchronization program grant application (TLS III) to promote the conservation of energy resources. 6. Resolutions A. Consider approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and j the City of Corinth for the impoundment and disposition of dogs and cats. B. Consider approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and j the City of Roanoke for the impoundR"ant and disposition I of dogs and cats and the collection of fees pursuant to j the provisions of said agreement. j( i a 1 f ~enOaNo ~~~0$ A eodal m 9 City of Denton City Council Agenda Dale March 22, 1994 70+8 Page 7 C. Consider approval a resolution adopting a comprehensive driving and city vehicle use policy. 9. Update on the "Vision for Denton" project. 10. Miscellaneous matters from the City Manager. 11. Official Action on Executive Session Items: 1 A. Legal Matters e B. Real Estate C. Personnel D. Board Appointments 12. New Business This item provides a section for Council Members to suggest items for future agendas. i 13. Executive Sessions A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071 l B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOV'T CODE Sec. 551.074 NOTE1 THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO 1 EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS i LEGALLY PERMISSIBLE. > C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1994 at o'clock (a.m.) CITY SECRETARY 3 j s a y4~` r ; i r I y'r a r ~,I N V Y~ r a!~ 1S4-iY~- Age 400 A4e~da~te ~ City of Denton City Council Agenda Date 0 p March 22, 1994 O Page 8 NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH -.'HE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDT. SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCOGIAD I I 1 I l i $ ' b .r i a I -CITY C4UNC i 4 ~ L i C ~ ~L • w L'.~_rr ' F S 'r igendaNo - (Z'Z~408 agendalt9R1~1a1.5-~ 2. latF z. M ME ORANDU1 TO: Lloyd Harrell - City Manager ,'ROM: Tom Klinck - Director of Human Resources DATE: March 22, 1994 SUBJECT: City Employee's Wellness Program - Health Risk t Assessment Based on the responses to our RFP for providing a Health Risk Assessment for the Employee Wellness Program, it is the staff's recommendation that the City Council authorize staff to enter into a contract with Dynamic Health and Performance, Inc. This firm will provide services to conduct a voluntary Health Risk Assessment on participating city employees and to provide an overall health and wellness profile of the employee workforce. On February 19, 1994, the City received five responses to an RFP to provide services for- a Health Risk Assessment, confidential reports to participating employees, and comprehensive reports on a profile of the employee workforce. The proposals were evaluated based on: 1. Quality, completeness, and case of completion of employee questionnaire. II 2. Description of collection of information 1 3. Quality, completeness, and ease of understanding information from employee reports 4. Quality, completeness, and comprehensiveness of workforce profile reports fur management 5. Description of implementation and administration of program (first year and subsequent years) The selection criteria in the RFP were: 1. Level and type of services to be provided 2. Previous experience, especially with other cities or local government Entities. 3. Qualification and level of participation of assigned professionals. 4. Time schedule in wkich services are to be provided. 5. Additional servic provided and offered beyond the basic scope of program. A committee of three employees who are members of the Wsliness { Committee met and evaluated all proposals, The overall consensus of the evaluation committee members was that Dynamic Health and Performance, Inc. represented the best and most responsible proposal. The reasons for their selection are: t. ~ e 3 a s 5 I ~ Y Agenda No agendaliem•,,,_ March 22, 1994 E1319 Memo to L. Harrell - Health Risk Assessment S Page 2 1. Proposed Health Questionnaire is comprehensive, high quality, and, especially, easy to complete and administer. This is particularly important in considering the overall literacy level of our employee workforce. 2. Tha evaluation of the firm's staff, professional expertise in this field. Dynamic Health has handled a number of local governments similar to ours. They are proposing using three nurses to gather information and provide follow-up discussions with employees. 3. The overall presentation of how this firm will handle confidentiality of reporting for employees and reports for management. They have provided excellent examples of j employee reports and management reports (Executive Summary ! and comprehensive). 4. Description of program administration and implementation The employee Wellness Program is available on a voluntary basis for all regular full-time and part-time employees in all City departments. The 1993/94 Wellnoss Budget ($19,000) authorized by City Council was based on an original estimate that the Health Risk Assessment would cost about $26 per employee. This was based on the experience of a much more comprehensive type of program implemented in Plano, and our estimate of a less comprehensive assessment for our employees. The budget also 1 contemplated a participation rate of 80% of employees (set by Wellness Committee members). The coat for the Health Risk Assessment by Dynamic Health and Performance, Inc. has been negotiated to a graduated fee schedule as follows: o Up to 450 participants - $45.00 per employee o 461 and up participants - $43.00 per employee Attachment I shows the graduated cost based on employee participation levels. With 47% of the employees participating, the current authorized budget would be sufficient. However, if the Wellness Committee goal of 80% of employees participating, the budget would be about $10,000 short. Currently, we are not seeing that 80% level of participation in the first year. Current enrollment meetings are indicating that about 44% - 50% of the employees are signing up to participate. If after enrollment meetings, we anticipate a shortage in our 1 S lgenda No 4gen0a Ile ' Rate Sr - ~0y March 22, 1994 Q S Memo to L. Harrell - Health Risk Assessment Page 3 budget, I'd propose that any shortage can be made up from the excess in the current budget from the lower cost of placing our health insurance coverage with Harris Methodist (Attachment II -approximately $201,000). Should additional funding be required, we estimate at maximum we would need about 6% from each department/division's health insurance account (08065) - there is currently an excess of $27.91 each month for each budgeted position (1/1/94 - 9/30/94) or about 14%. Please lot me know if you need additional information. Thomas W. Klinck j ocrPtlda.tk Prepared: 3/1 1/9d i j i it. f' ' \1 F.'r 5 ,i. rj•; k r t .`P r hiir d - - - - - -_,Owl 1 ATTACHMENT 1 A~gp~7N0._ ~O Agaadal m HRAANLI.WK1 1993/94 Date 07-Mar-94 HEALTH RISK ASSESSMENT y~ PROPOSED PROVIDER COST ANALYSIS EMPL ESTIMATED PARTIC CUMMUL PERCENT COST PER PROJECTED CUMMULATI BUDGET LEVEL PARTIC WORKFRC PARTICIPANT COST COST $190000 200 200 23.5% $45.00 $9,000 $9,000 100000 E - 200 400 47.1% 45.00 9,000 18,000 12000 50 450 52.9% 45.00 21250 209250 {10250) 50 500 58.8% 43.00 29150 22,600 13,400) , 50 550 64.7% 43.00 21150 24,550 (50550) k 50 600 70.6% 43.00 20150 26,700 (7,700) 50 650 76.5% 43.00 2,160 28,850 (91850) 50 700 82.4% 43.00 2,150 31,000 (12,000) ' f i ff t. I t A J a h i i t • Attachment II HfnellJ.r►1 22-Oct-93 . 06:11 AN 1901/14 WJWIT HEALTH INSURANCE OIFFERENCE 1193194 TOTAL HEALTH INSURANCE SUDOET 7I Mt$14$11u.cuff/N l. f1...e0 W0$4$to$4aft....1$06646*40$**MMW000400004*to 6 60$ 4064 644$$w.f.M$0 1 WOGETED ADJUSTED DIFFERENCE 17j 1 J PROPOSED PAWNED 1503/11 5613114 VARIANCE JAN. lost 1924 1994 CITY'S CITY'S 6UOOETED THOU , COVKge Enrollment NMRi! CITY'S PER NO. PER NO. NINO DIFFERENCE SIP. 1914 Ime.l Itro.l 14#*14 $188.50464 ADJUSTED PER 110. 49 No6) O 3744 1166.50 1161.160 6220.12 Slum $11.11 $10,420.92 993.677.62 Employee only Employee A Spouse 19 292.96 188.50 220.32 162.160 27.01 2197.36 19.776 e~ Employee A Children 177 ES3.13 188.160 220.32 112.50 21.01 4923.23 44.909 ITS 362.45 169.30 220.32 132.50 21.61 4#61.62 47,602 Employee 1 Family 288 TOTAL - 922,411 $201,710 :................eas, SREARDONII OF COST OIFFtRENCE 7 OE". AECR. ELECTR. NATERIW Stu11t, M/CAP. OTHERS TOTAL i f I 1 M0. Of VVLOYEI! 488 4 124 41 31 20 8 741 PERCENTAGE SY FANGS IS. SS 0.542 16.732 4.46% 6.641 2.701 1.042 1002 DIFFERENCE OV FUNDS 1N.315 1.011 33,764 13,070 131667 5.446 2.178 6201.1T0 INNIN41464 tl IIINte NIIIIIIIIIIItt IIIftIN144444NIt►1N4464M4III IIN44414►14N4044644 NIH 14 4 414 44 44 4 `r 1 I', rx:.raF•aw.s+•rr~+':r~rF!Ft,A'Ai~N"' j { + CITY. COUNC i Co. a o ~ e • i`ry r r:a .e.~ ! ~gendaNo O°g _ l Agendaltem__11 ~ CITY COUNCIL REPORT Date J-22-94 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: March 22, 1994 SUBJECT: Solicitation on City Streets The city council asked that this item be placed on a work session agenda. The City Council has studied this issue on several occasions. A copy of the City's current solicitation ordinance is included. The ordinance prohibits any type of solicitation on the roadway. Also included is a portion of the agenda backup from August 24, 1993, which outlines some of the items included in other cities' j charitable solicitation ordinances. Minutes from the September 29, 1992, August 24, 1993, August 31, 1993, and October 12, 1993, City Council meetings have been included for your review. j Staff will be available to answer any questions or provide additional information. i ~s RESPECTFULLY SUBMITTED, j Loy Vr Harrell ji City Manager Prepared by: cat ar ne E. Tuc Administrative Assistant Nr - P 1 1 a ~ a i •~i I r yqy q ' N `rte I ~gendaNo 9 ( 625-3 DENTON CODE aQ8nd311gRi2 A24 0 Date Sec, 25.3. Construction of permanent drains discharging water over sidewalks. \f (a) It shall be unlawful for the owner or person in control of any building or premises in the city to constructor maintain any downspout or other permanent drain so as to discharge water over the surface of any sidewalk. i (b) Whenever the city engineer shall discover any downspout or other permanent drain on any premises in the city which discharges water over the surface of any sidewalk, it shall be his duty to notify the owner or person in control of any such premises, in writing, to correct the condition within thirty (30) days from the date of such notice. (Code 1966,121.6) Sec. 26.4. Painting or marking on public property; permit for painting address num• j bars for pay. (a) It shall be unlawful for any person to draw, mark or paint any sip, picture or char acter upon any sidewalk, pavement, curbstone, utility pole, public bridge, public building, public rightof--way or other public property, except as otherwise provided in this section. (b) The prohibition of subsection (a) of this eection shall not„'ppty to city employees, surveyors or public utility employees or their authorised agents marking public property in performance of their duties or permitted construction work or to persons marking or painting upon a public sidewalk by making use of cha!k or other similar water-soluble materials. (c) The prohibition of subsection (a) of this section shall not apply to persons deshing to paint house numbers upon curbs for payment by the owner at that address, in accordance with a permit issued by the city secretary. The application form for the permit shall contain the name and address of the person making application, minimum standards for the application of the numbering and other Information as may be doomed necessary, house numbers shall be placed only on the curb in front of the dwelling on the driveway return poktlon of the curb. In r no a nt shall numbering be placed upon a curb without first obtaining payment or approval of pa ant from the owner of the property. All persona soliciting owners of property to provide house numbering services shall include the came address and permit number for the person soliciting on a,ry written solicitation materials delivered to the property owner, (Code 1988, 121-9; Ord. No. 89-041, 01, 2.749) Sec. 26.6. Soliciting business or charitable oontributions. It {hall be unlawful for any person to be upon any street or roadway or to be or go upon the shoulder or median of any street or roadway for the purpose of soliciting business or charitable contributions of any kind from the occupant of any vehicle. (Ord. No, $MI, 01(21d0(a)), 51&88) Cross reference-Solicitors and itinerant merchants generally, 116-71 at seq. 1680 t 5 { AgendaNo 25.3 DENTON CODE Agendall MIN-- § Date _ ~y - Sec. 25.3. Construction of permanent drains discharging water over sidewalks. f (a) It shall be unlawful for the owner or person in control of any building or premises in the city to constructor maintain any downspout or other permanent drain so as to discharge water over the surface of any sidewalk. (b) Whenever the city engineer shall discover any downspout or other permanent drain on any premises in the city which discharges water over the surface of any sidewalk, it shall be his duty to notify the owner or person in control of any such premises, in writing, to correct the oonditicn within thirty (30) days from the date of such notiw. (Code 1966, 121.5) Sec. 25.4. Painting or marking on publio property; permit for painting address num. bers for pay. (a) It shall be unlawful for any person to draw, mark or paint any sign, picture or char- acter upon any sidewalk, pavement, curbstone, utility pole, public bridge, public building, public right-of-way or other public property, except as otherwise provided in this section. (b) The prohibition of subsection (a) of this section shall not„ apply to city employees, surveyors or public utility employees or their authorised agents marking public property in performance of their duties or rmittod construction work or to pe persona marking or painting upoq a public sidewalk by making use of chalk or other similar water-soluble materials. (c) The prohibition of subsection (a) of this section shall not apply to persona desiring to paint house numbers upon curbs for payment by the owner at that address, in accordance with a permit Issued by the city secretary. The application form for the permit shall contain the name and address of the person making application, minimum standards for the application of the numbering and other information as maybe deemed necessary. House numbers shall be i placed only on the curb in front of the dwelling on the driveway return portion of the curb. In no a tt shall numbering be placed upon a curb without first obtaining payment or approval { of ps eat from the owner of the property. All persona soliciting owners of property to provide 2 house numbering services shall include the name, address and permit number for thr, person soliciting on anx written solicitation materials delivered to the property owner. (Code 1966,1 21.9; Ord. No. 89-021, # I, 2.7.69) Sec. 25.5. Soliciting business or charitable contributions. I It Ihali be unlawful for any person to be upon any street or roadway or to be or go upon the shoulder or median of any street or roadway for the purpose of soliciting business or charitable contributions of any kind from the occupant of any vehicle. (Ord. No. B6-061, i I(21.10(a)), 3.15.66) Cross reference-Solicitors and itinerant merchants generally, 4 16.71 et seq. . 1680 E s a +gendaNo +clesndaitl -s 'late CITY COUNCIL REPORT ~a 41 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Charitable Solicitation at Intersections DATE: August 24, 1993 BACKGROUND: In 1988, the City Council adopted an ordinance prohibiting persons from soliciting business or charitable contributions in the rights- of-way, In September of 1992, the City's firefighters, represented'by Mr. j Alan Hempsted, asked the City Council to allow solicitation for charitable contributions at intersections for their annual Muscular i Dystrophy Association Fill-the-Boot campaign. As requested, staff studied the ordinances from several other cities and presented the j information to the City Council for the September 29, work session. At that time the City Council discussed the ordinance but did not approve an amendment. The firefighters are asking again this year that the City Council repeal or amend the ordinance. This report highlights the information lour.other cities require when permitting persons to solicit charitable contributions at intersections. The ordinances from those cities, Lewisville, j Carrollton, Plano, and Grand Prairie, aro attached. Also attached ? Is the backup material and minutes from the September 29, 1992 work session. SUMMARYt Options Liability and Insurance Information • Provide proof of insurance, and execute a hold harmless and indemnification agreement Reference: Section 20-38.1(f) (Grand Prairie) Section 11-169(4) (Plano) • Sign a liability waiver releasing the city from any claim arising from the solicitation drive Reference: Section 20-181 (Carrollton) Section 11-169(5). (Plano) r C I yy r2{1 .t WwoNo yendaNo 9 AOMI an 4 R East Pvnnf no ~Z Stability O ~6 Provide proof of tax status with the Internal Revenue Service '-tom References Section 20-38.1(b)(8) (Grand Prairie) i • Provide a copy of the organization's charter or articles of incorporation. If a foreign charitable organization, they must provide a copy of their dertificate to do business in Texas. { References Section 20-38.1(b)(5) (Grand Prairie) • Sign an affidavit stating that at least 753 of the monies collected will go to the purpose of the solicitation Reference: Section 20-38.1(b)(7) (Grand Prairie) ; Time and Place Regulations Hours E • Prohibits solicitation between the hours of lam - gam and 4pm- 6pm (Carrollton) • Limits hours to 9am - 9pm Monday - Saturday (Grand Prairie) k • Limits hours to lam - 7pm (Lewisville) • Limits to k daylight hours (Plano) Length of Time • Limit to 1 consecutive 24 hour period per year per organization (Plano) • Limit solicitation to 3 consecutive days beginning the 3rd Thursday of March, May, August and October each year (Lewisville) • Limit solicitation to 2 permits per organization per calendar year for not more than 3 specific days within a 30 day period Section 20-38.1(f) Grand Prairie i Age Limit ; • 18 years of age (Plano) " • 16 yerrs of age or older (Grand Prairie) • 14 years of age (Carrollton) v. ' other Options • Wear traffic safety vests at all times (Plano) • Identify specific crossings or intersections to conduct solicitations (Lewisville) S R y Y 9 4f . , aQeRd7~N0 ~enCeNo, I Agen~sll AQendilt Oate Lhb - oak S D Vrrrr t w alking on the main roadway at all times (Caollton) • Specify length of time required to file for permit prior to the solicitation drive. For example, Carrollton requires 3 days, Grand Prairie requires 30 days, and Lewisville 5 days • Require contact person information • Require organization to provide a description of the solicitation methods • Each person involved in the solicitation drive must provide a statement disclosing each conviction of a crime. Sect 20- 38.1(b)(6) (Grand Prairie) E Request per year • Grand Prairie generally receives one request per year, from III the Shrinera. • Plano usually receives about 6 requests each year, including the Shriners, the firefighters Fill-the-Boot campaign, Kiwanis, and the Plano National Letter Association. • Lewisville generally has two organizations apply for a permit each ear the firefighter's Y Fill-the-Soot campaign and . the Knights of Columbus. RESPEC FULLY SUBMITTED, i Ll V. arrell f City Manager t Prepared bye w: Veronica S, Oglesby Administrative Intern t ,h A . p. t' f f M1 1 s I ! I t SUMMARY OF I. OCAL AREA SOLICITATION ORDINANCE CITY LOCAL CHARITABLE SOLICITATION ! SOLICITATION ORDINANCE IN RIGHT-OF-WAYS 1. OKLAHOMA CITY YES I NO 2. TULSA YES NO- only sworn public safety officers may solicit in roadways for charitable projects adopted DY the it I bargaining agents 3. ADDISON YES No I f 4. ALLEN NO YES r S. ARLINGTON j NO 0 prohibited by a section of the street code Pedestrians on Rosdwaye 6. CARROLLTON YES YES 7. DALLAS y NO-repealed 8/42 governed by State Lax ' 8. FARMERS BRANCH YES NO i 90 GARLAND YES NO 10. GRAND PRAIRIE YES YES 11. LEWISVILLE YES YES 12. PLANO YES YES i , 19. UNIVERSITY PARK YES NO a r[ r lp.•.' Shy' ~ ~ 1S n ~ i' w 31 9y D - Agendaluo.. City of Denton City Council minutes 01,8Aldaiteln September 24, 1992 Page 7 staff Perry motioned, Hopkins seconded to follow the recommendation of MillerY"aye", H pkthe tewaer insa"aye"t Smith "aye", Ch wl"aoe", Perr y y "aye", and Mayor Castleberry "aye". Motion carried unanimously. y 7. The Council received a report and hold a discussion on the solid waste rate study and proposed solid waste rates and gave staff direction. Bill Angelo stated that the proposed ordinance provided for a $0.35 i rate increase for residential customers. The State of Texa4 surcharge for solid waste received at the landfill was being passed on to both residential and commercial customers in the form of a , 3.5% charge which would be shown as a separate item on the bill. He presented Council a handout which detailed the rates at the landfill and the areas of increase. There would be two new fees { established. It was proposed that the basic disposal fees at the landfill would remain the same as last year. One new rate would differentiate between automobile and truck tires. Another fee would be a charge for "special waste" disposed at the landfill. tt The proposed rate was consistent with the charges at the DFw f`a landfill and reflected the cost of special handling and administration expenses associated with this type of waste. H the Public opkins motioned, Smith seconded to follow the recommendation of Utilities vote, Brock"aye"t Miller d "afor the rates on solid yew, Hopkins "aye", Smith waste. ,s Croll hew "ayePerry "aye", and Mayor Castleberry "aye". Motion carried { unanimously. \___J t Brock motioned, Smith seconded to approve the increases on tires a t and special hasten. On „ oll vote, Brock "aye", Miller "aye", Hopkins aye". Smith "aye , Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. a S. The Council received a report and held a discussion regarding } solicitations on the roadway and gave staff direction. Catherine Tuck, Administrative Assistant, stated that in 1988 the council had received an increased number of complaints about persons and organizations attempting to solicit business or charitable contributions from the occupants of vehicles at intereactions. Groups and individuals were soliciting on numerous bu►,y intersections all over the City, causing traffic problems and endangering the individuals collecting the funds. The Council expressed concern with the safety for those out soliciting and for motorists. In March 1988, the Council passed an ordinance which I d F i~ 32 0 ~ City of Denton City Council Minutes 4Q8n~3No ! September 29, 1992 A0en3allem Page 8 Cote_ 3 g prohibited solicitation on any street or roadway or be on or go upon the shoulder or median of any street or roadway for the purpose of soliciting business or charitable contributions of any kind from the occupant of any vehicle. At the September 1, 1992 Council meeting, Alan Hempstead, representing the City's fire fighters, requested an exemption to the ordinance on behalf of the Muscular Dystrophy Association. The fire fighters had toquested permission to solicit for the "Fill-the-Soot" camp:sgn. Mr. Hempstead had mentioned two Oklahoma cities which made special provision for the anrual Fill-the-Boot campai`.n despite local ordinances which prohibited solicitation on roadways. Tulsa's traffic ordinance did ..ot permitted solicitation from the roadway but their solicitation ordinance appeared to llow it. Tulsa permitted only sworn public safety officers to b.,licit in roadways for charitable projects adopted by their bargaining agents. The Legal Department indicated that the ordinance should be consistent. Either allow all to solicit on the roadways or allow no one to F solicit on the roadways. Area metroplex cities which allow the solicitation on roadways had a permit process which included t various requirements. Debra Drayovitch, City Attorney, stated that any time there was an d attempt to regulate the First Amendment rights, there was a good case for litigation. It was very difficult to legally make a fool- proof type ordinance which was not subject to some type of litigation. Council Member Brock asked about the Tulsa law which allowed only a sworn public safety officers to solicit from roadways. Would this J hold up to a court challenge. J Drayovitch replied that the Oklahoma law was very different and it could have been part of collective bargaining agreement. r Tuck stated that the Council could repeal the current ordinance and follow the State law or could enact an ordinance similar to another city with strict gul'elines. Mayor Pro Tem Hopkins stated that before the current council * repealed the ordinan:e, members might want to speak to former y Council Members regarding reasons for the initial ordinance. They Q had been concerned aboi,c redeetrian safety and vehicular traffic. y She suggested that if V ordinance were repeal-do the Council did not want to be the anti- to grant permission for solicitation from the roadway. She felt that everyone should be allowed to solicit from the streets or no one should be allowed. There were many safety issues to deal with when there were individuals on the roadway. She was particularly concerned with the youth on r. u a Rge+~Mo. 4 - 3 3 City of Denton City Council Minutes September 29, 1992 ~q e Page 9 University Drive and how dancerous it was. Council Member Perry asked how fully the current ordinance was being enforced. Was anyone allowed to solicit on the roadways. City Manager Harrell replies from the permitting standpoint, the enforcement was consistent as:d soliciting from the roadway was not allowed. Some groups had started to solicit on the roadway and had been asked to leave. There were times when the police department did not give a high level of enforcement to this event especially on events such as car washes on University Drive. If Council did not repeal ordinance staff would do more enforcement of the } provisions to not solicit on the medians and would even visit the hi9:i schools to talk with groups regarding the provisions of the ordinance. Council Member Chew suggested talking with university students as well as high school groups. City Attorney Drayovitch stated that a procedure could be developed i which would not include the Council's granting of permission to solicit in the roadway. The State statute allowed a local governing body to authorize solicitation of charitable contributions. Her opinion with respect to free speech and First Amendment rights would be, if the Council desired, that pursuant to the State statute the Council authorize solicitation of charitable contributions. Mayor Castleberry asked what was the City liability in this matter such as someona stepping off a curb and into an oncoming car. City Attorney Drayovitch replied that if the City were sued, it would argue against the City's liability but that could be challenged. t Council Member Perry asked if there had ever beer a fatality or 1 injury in the City das to solicitation from the roadway. Al Hempstead replied that there had been none documented in the 40 years the fire fighter organizations had bsen working for RDA. Council Member Perry replied that he was referring to everyone who had solicited on the roadways and not just the fire righters. Council Member Fmith asked Hempstead if he had investigated other possibilities Lor solicitatiog contributions rather than on the ;E streets. All r - ,C r 1 e 3 4 Y pgeflda Mo._._ En,_ City of Denton City Council Minutes AQB~Jd~tB September 29, 1992 ~'9 Page 10 n~ Hempstead replied that they had looked at other methods but that there was no other way to receive the same dollar amount as on the streets. Previously the fire fighters had raised more money on the streets than in a shopping center. Council Member Miller stated that the fire fighters would use good judgement when going out in the streets but others might not. If a fire fighter came to a car, the occupant might be more inclined to donate but might not be so with others. Julie Shook, Denton MDA, stated that Oklahoma City and Tulsa raised a lot of money for the event in a weekend. There was not another type of event which would raise the same amount of money in a I weekend. Joe Dodd asked if the requiring of insurance and the filing of a waiver would eliminate the problems. r City Attorney Drayovitch replied that there were certain problems with the enforceability of waivers. With the invalidation of an ordinance there might be attorney's fees for the other side to consider. Bill Burger, MDA, stated that the $1 million insurance policy would cover any attorneys fees. MDA was willing to work with the city in regards to a waiver of liability, limiting the solicitation to certain streets, limiting hours and days. Nothing had ever been documented for accidents or injuries associated with the MDA program. Council Member Miller asked if it would be possible to direct staff to draft an ordinance detailing who would be able to solicit from city streets. Council Member Perry asked who would chose who would be able to solicit. He was not saying that the fire fighters could not solicit in Denton, he was asking them to use a different approach. He was hesitant to exclude some and allow others to solicit on the roadways. 1 Council Member Miller suggested drafting something similar to the 1 ` Lewisville ordinance. He was interested in how many requests Lewisville had in a year. Restrictions could be made to a point so as to encourage only those who really wanted to do the event. He suggested a further refinement of the ordinance and look at it in r' comparison with other cities. i e 35 AgWaNo 9 City of Denton City Council Minutes agCR~d11Cm September 29, 1992 Page 11 Rate l o PLO Council Member Smith stated that the bottom line was that the Council needed to decide if it wanted to have any organizations on the streets. Deciding who or what would come next. Council Member Chew was concerned about the fact that the ordinance was not enforced totally. He agreed that perhaps it would be beneficial to look at other cities ordinances such as Lewisville. Council Member Miller motioned, Chew seconded to direct staff to study other city ordinances such as Lewisville and Grand Prairie to determine how their ordinance worked and their experiences. on roll vote, Brock "aye", Miller "aye", Hopkins "nay", Smith "nay", Chew "aye", perry "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. 9. The council received a report and held a discussion on the City's position regarding the Fry Street Fair and gave staff direction. P Catherine Tuck, Administrative Assistant, reviewed the history of the Fry Street Fair over the past several years as detailed in the agenda back-up. Council Member Miller suggested forming a task force now to look at # the possibility of holding the Fair on Fry Street. He suggested ! starting the process now to make arrangements for the Fair. Lloyd Harrell, City Manager, stated that a policy question the j Council would have to consider was that if the conditions could be negotiated with the Delta Lodge, would it be acceptable to have this event on Fry Street. If so, he could see using staff time trying to negotiate those conditions. Until that question was answered, there was no reason for staff to start those negotiations. Mayor Pro Tem ':opkins stated that she saw no reason to permit the Fair. This group was not even recognized by the University and was not allowed to use University property or to close a street that North Texas maintained. There were too many people for the area during the Fair and there was no way to get in or out of the area. The area was an area of concern for the police department. If the x University did not recognize th:" group she did not know why the Council should give them any credibility. one year the Fair was held at Carriage Square Shopping Center and they can not return to that area. The Fair did not work out at the Fairgrounds. She was opposed to spending any amount of staff time to work out Fry Street as it was too small for the number of people who attended the event and it could not be adequately policed. Y. 3. j 2 3 2 +geoQaNo. -009 A~enda~l CITY OF DENTON CITY COUNCIL MINUTES.',!p August 24, 1993 The Council convened into the work Session of the City Council on Tuesday, August 24, 1993. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1 1. The Council convened into the Executive session to discuss the following: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered litigation against the design architects of the Martin Luther King, Jr. Recreation Center. s 2. Considered claim of Charlotte Summers. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. iv 2. The Council received a report and held a discussion regarding the City's solicitation ordinance and gave staff direction. t Lloyd Harrell, City Manager, stated that State law prohibited solicitation in the roadway. There was a provision that a local governing authority could grant an exception to charitable organizations. The important point to remember was that if Council decided to grant the exception to one organization, then the exception would have to be applied uniformly to all charitable organizations meeting the requirements. The criteria would be uniformly applied to all charitable organizations. F Catherine Tuck, Administrative Assistant, stated that the Council's background information indicated four ordinances from other cities regarding this issue. Options which other c1ttes had included liability insurance, proof of charitability, and time and place regulations. Some cities required proof of insurance for the organizations and some required a liability waiver. Some cities required some proof of charitability with IRS documents or an indication of where the money was spent. rime and place regulations and hours were included in some ordinances. some ordinances limited the solicitation to daylight or not on a Sunday. Length of time was also addressed in some of the ordinances. } Ascellaneuus provisions includod th9 wear4ni ^0 -af...., vests, 9nific intersectico.as w:.-re the aC:ivit} ..uuau vuukap u,id no walking on the roadway. State law would allow the City to repeal the existing ordinance but would be subject to each individual t A f 1 I AQendBNa. L Woo 233 City of Denton City Council Minutes Agend£ August 24, 1993 Page 2 [bleI group requesting permission to solicit. If the ordinance were repealed, staff felt that some type of permitting process would be best in order to treat each organization in the same manner. Council Member Miller stated that an organization would have to meet all requirements. Council Member Brock stated that she would like to see the ordinance changed to allow, under carefully controlled situations, some solicitation of the type suggested for the MDA campaign. Minimal requirements such as obtaining a permit well ahead of time, showing proof of tax exempt status, showing proof of contributions going to charity, wearing safety vests, where to stand and solicit would have to be addressed. C Council Member Chew agreed and liked the Lewisville ordinance. - Council Member Miller felt that the following options were 1 important: proof of insurance, proof of charitability, time and place such as 7:00'a.m.- 7:00 p.m., restriction of days to Monday through Saturday, 3 days of solicitation per request with 2 t requests per year, specific intersections within the City where solicitation would be allowed, a required 30 day time frame to obtain the permit, a contact person, a description of solicitation methods, and each person on the solicitation drive providing 1 certification of not having been convicted of a crime. Council Member Perry stated that he was not in favor of rewriting the ordinance. Permitting charitable organizations to solicit on the roadways was too much of a liability to citizens and to the city. Council Member Cott stated that he was not in favor of a 30 day permit period as the fire fighters would need a permit sooner than that. Mayor Pro Tem Smith felt that it would not be possible to do anything by Labor Day and agreed with Council Member Perry that she was not sure she wanted to reopen this issue. Council Member Miller stated that this was the reason he had asked for the information. The surveyed cities did not have many requests for the past year. University Drive had students soliciting for car washes practically every weekend. He did not want to rush through the process but wanted at least to see an ordinance for consideration. I 4r 234 AAl1 gp~~~lYO City of Denton City Council Minutes {genda to August 24, 1993 ~3tY' Page 3 ~O Council Member Chew felt that the current ordinance was only stopping the fire fighters and not students on car washes. Council Member Ferry indicated that he was not clear on how the City would get around State law but was not willing to undertake the project. Council Member Brock stated that all charitable organizations would be eligible but most would not want to go through the conditions of the ordinance. The restrictions would lower the numbers without discriminating against any organization, Mayor Pro Tom Smith stated that the current ordinance needed to be enforced stricter. Last year the Council had discussed contacting the high schools, churches and other organizations to explain that this typo of activity could not be done. She felt that greater enforcement was needed. Tuck replied that she had met with the high school, the junior high schools, sent letters to churches and the university students. Enforcement was done as a list of priorities. The ordinance was enforced as best as possible. Mayor Castleberry asked if, under the current ordinance, a citizen would step off a median into the path of a car, would the City have any liability. Debra Drayovitch, City Attorney, stated that the City would have no liability at this time. Council Member Cott stated that the ordinance needed to be strong but that this was also a unique situation. He asked for the possibility of having the ordinance ready by the next meeting for consideration. City Attorney Drayovitch replied that their research had indicated that it would be better not to impn3e requirements such as liability and insurance requirements as a condition for a permit. The Supreme Court upheld that that was a prior restraint where a city or county tried to impose such a condition on granting a parade permit. She would recommend not including such a provision. Council Member Miller felt that this was a different set of circumstances as a parade permit. City Attorney Drayovitch stated that State law did not authorize a city to impose any other conditions. it merely stated that a person may not stand %n the roadway for charitable contributions r { 4 { .,.~e 7 , k } 235 City of Denton City Council Minutes 4gspd3N0 `,7 August 24, 1993 AaCOG:~t@m Page 4 D,te a'20 unless a city authorized him to do so. Council Member Miller felt that it would be a good idea to try and impose those restrictions. Council Member Perry felt that such solicitation impeded the smooth flow of traffic and created hazardous situations in the city. He felt it was an issue of public safety and public access to the streets. Mayor Pro Tem Smith asked if a permit could not require insurance and an individual were allowed to solicit, what would that do to the City's liability if an accident happened. y City Attorney Drayovitch replied that she would ask the Council to f allow her to defend strongly against such a suit. She felt that it was very unlikely that the City would be held liable in such a situation. She had visited with attorneys from the State and had looked at the statute and federal cases regarding the issue. Council would need to word very carefully any ordinance regarding the issue. If the ordinance would allow charitable organizations to solicit on the roadway, it had to be a blanket waiver. If an organization represented itself as charitable it would have to be allowed to solicit. R Council Member Cott suggested preparing a draft ordinance with the provisions indicated earlier by Council Member Miller. Mayor Pro Tem Smith and Council Member Perry were not in favor of preparing such an ordinance. Council Member Chew and Brock agreed to proceed with a draft ordinance vith liability and insurance as suggested. City Attorney Drayovitch stated that State law did not require an I ordinance. Council could repeal the existing ordinance and could grant on a voice vote to allow the event to occur. Consensus of the Council was to proceed with a draft ordinance but to not rush the process. 3. The Council hold a discussion and gave staff direction regarding budget issues and budget questions for the 1993-94 fiscal year. Due to time constraints, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. n ct . ti, i Al, s 1 2 5 5 ' q?^QENU l~~►~' i City of Denton City Council Minutes ce;zite U August 31, 1993 Page 3 Mayor Castleberry indicated that he understood that the Railroad would wait only 6 months before destroying the building. Robbins replied that he had no knowledge of that. Council Member Chew felt that the station should be included in the proposal for the best chance of receiving the funding. Mayor Castleberry asked about the time frame for receiving the funding. Robbins replied that the funds could potentially be received within 6 months as next year's applications would be due in January 1994. i 3. The council considered a report and the adoption of an 7 ordinance amending the City's solicitation ordinance. j Catherine Tuck, Administrative Assistant, stated at its last i meeting Council had requested an ordinance relating to this issue. Options for the Council included passing the ordinance as presented, make amendments to the proposed ordinance or ask for further discussion. There were two ordinances for Council consideration. One had an insurance requirement while the second did not. The permitting process would be through the Police Department with a ?5 day prior notice for the application process. Two solicitationt porrits per year for three days each per organization would be permitted. The hours of solicitation would be from 7:00 a.m. - 7:00 p.m., Monday through Saturday. An individual would need to be 18 or older and the organization would be required to provide solicitors with safety vests to be worn at J all times. The application would include a description of the organization and location of its headquarters, the purpose for the solicitation, a description of who or what )rganization would be receiving the funds, a description of solicitation methods, tLe dates for solicitation, a disclosure statement for each conviction of a crime for the applicant or any agent of the applicant, an affidavit that 75% of the money collected would be used to benefit the stated purposa of the solicitation, proof of tax exempt status, and the execution of a hold harmless and indemnification agreement. The organization would also be required ',o provide proof of insurance with limits of at least $1,000.000 per person, $5,000,000 per occurrence and $100,000 for property damage. The appro" mate cost to an organization for $1,000,000 instead of $5#000,000 of insurance would be $3,500 for a year coverAge or $1,500 for a one day policy. Many of the smaller organip Aons probably would not be able to obtain such coveray, Bb, use there was a penalty clause associated with the proposed ordinance, the City Attorney had advised her that the ordinance would have to be punjished in r¢ f ti C 1 S r 256 ' J~f~Oo IVY ~"S7/ J City of Denton City Council Minutes ~genaifem August 31, 1993 _ Page 4 h f _ /5d the newspaper for proper notification. Council Member Cott asked if there were a way to bypass that notification requirement for the newspaper. City Attorney Drayovitch stated that the law did not require the adoption of ordinance in order to grant an exemption. The State law indicated that no person could solicit in the roadway except that a charitable organization might stand in the roadway to solicit contributions if authorized by the local authority. That authorization did not require an ordinance. If the Council repealed the existing ordinance, which was not on the agenda, the Council could grant an exemption if it had received such a request. Council Member Cott asked that if the Council repealed the existing ordinance, could it grant an exemption. j City Attorney Drayovitch stated that the exemptions would be granted on a request only basis or have a permitting procedure: f Council Member Cott asked about the individuals who held car washes on University Drive. If the Council adopted an ordinance with an insurance provision, would they be required to have the insurance. City Attorney Drayovitch replied that if the ordinance were I enforced, they would be required to have the insurance. { Council Member Miller stated that there were two aspects of this issue. one was the immediate request of the fire fighters which he felt the Council would not be able to move in time for that request. The second aspect was if the Council wanted to repeal the current ordinance. There were court decisions which might effect any decision of the Council and it Lad been suggested that if the Council only allowed charitable organizations to solicit, the provision might not hold up in court. His suggestion would be to keep this a priority item and have staff and Legal provide Council with consequences and recommendations regarding the propcssl. He did not want to hurry the process and wanted more information such as how other cities proceeded with their provisions. Council Member Perry asked that if Council maintained the present r ordinance, were there any provisions for exceptions. City Attorney Drayovitch replied no. Council Member Perry stared that he was willing to discuss a proposed ordinance at this time but was not sure if he would be in favor of repealing the current ordinance. He was not sure that the f S. Y I 257 City of Denton city Council M!.nutes IgendaNo^ August 31, 1993 Agendaffl Page 5 / O current ordinance was not the best for the City, Council Member Brock stated that the provisions of such an ordinance needed to be studied very closely from a legal perspective and the Council should not rush into any changes. Council Member Chew did not want to study the proposal for an extended period of time but to make a decision as soon as possible. The current ordinance was not being enforced and as a result the fire fighters were being penalized by not being able to solicit for their charity. He questioned if there were a way to allow the fire fighters to solicit this year. Mayor Castleberry ;tated that there was nothing the Council could # do at this point unless it held another melting before the date required by the fire fighters. Mayor Pro Tem Smith stated that neither of the proposed ordinances were in the guidelines suggested by the Legal Department. She agreed with Council Member Chew that the Council would like to be grant a special felt that the City as fire down on tenforcing the ordinance and that was a dangerous situation. City Manager Harrell stated that he would work with the Police Chief and indicate the Council's strong desire that the ordinance I be aggressively enforced. The ordinance had teen enforced but a ( greater effort would be made to control those situations. 4 r! Council Member Miller indicated that he was in favor of proceeding with a draft ordinance for future study consideration. Council Member Brock stated that the Council had not been continuing to discuss this item during the year as Council had voted 4-3 to drop the issue and did not want any changes in the current ordinance. Council was not dragging tha issue as it had decided to not consider the issue any further. Mayor olastleberry indicated that the consensus of the Council was that there was nothing it could do at this meeting, that it would continue to look at the issue, to take more time to study the issue but nc,t a substantial period of time and was interested in stricter enforcement of current ordinance. 4. The Council received and considered a recommendation from the '91 Committee regarding amendments to the 5 year Capital i Improvement Plan and gave staff direction. 1 i 362 ~gendaPlo 2 City of Denton City Council Minutes q~Cn ;om A October 12, 1993 Page 5 r~,!R f 10 ~ ~-D 5. The Council received a report and hold a discussion regarding a charitable solicitation ordinance and gave staff direction. City Attorney Drayovitch stated that at the last meeting in August, Council directed staff to study an ordinance regarding charitable solicitation and prepare recommendations for Council which would allow charitable solicitations from the roadway. The draft ordinance included many of the items of concern as expressed by j, Council. The ordinance provided for proof of charitable status, required safety vests to be worn by the solicitors, indicated where the solicitors here to stand, and included provisions for indemnification "nd time and place restrictions. A map had been included with the back-up materials which indicated the main f thoroughfare plan. other provisions which were discussed for the proposed ordinance included a requirement that an applicant not have a previous criminal history, the application to be accompanied by proof of insurance and a provision requiring proof that a certain portion of the proceeds solicited would be going to a charitable organization. Staff had written Council a memorandum regarding actions which had occurred in other cities with those types of provisions. The ordinance provided that in case of an f appeal to the Council of a denial of a permit, if council affirmed that denial, in accordance with First Amendment laws, the City would file legal action to declare the validity of the ordinance. This followed federal constitutional law which indicated that if an ! individual challenged the permit licensing provision in the ordinance, the burden would be on the City to justify why the permit was denied. In the interim the individual must be allowed to do that action. The proposed ordinance also included an age limitation for the solicitors. Council Member Brock asked about the provision on page three which required that the valid permit be displayed on the traffic safety vest being worn by the solicitor. i City Attorney Drayovitch stated that the permit would be visible for the police enforcement purposes. Council Member Miller stated that the proposed ordinance indicated that the solicitors could be on the roadway between the hours of 7:00 a.m. - 9:00 a.m. and from 4:00 p.m. - 6:00 p.m. He thought the intent of Council was to have the solicitation only during daylight hours such as 7:00 a.m. - 7:00 p.m. Perhaps the ordinance should read a half hour after sunrise and a half hour before sunset. Council Member Brock left the meeting. S i 73 363 City of Denton city Council minutes October 12, 1993 -P Page 6~~ , 8~ council Member miller stated that the proposed ordinance also did not preclude Sundays. Mayor Castleberry stated that the proposed ordinance indicated nothing about Saturdays or Sundays. tunde sord olicitation should indicate Council Member miller felt with that Monday through Saturday Council Member Perry felt that the proposed ordinance would be a more complex ordinance than the current one. that any, permitting City Attorney Drayovitch agreed indicating process would be more complicated than the prohibition currently in place. Council Member Perry asked if it would be subject to more contention. City Attorney Drayovitch replied yes. council Member Perry asked if the requirement of establishing that the solicitor was a valid soiicitor would be subject to raising questions on the part of the solicitors. tritten so hat Drayovitch stated that the draft was W1 Attorney the individual requesting the permit would provide evidence of not prior ! for-profit status. This could niform whi h having the the not be a individual only I check a box on an app 1~/1 restraint. suggested Mayor Castleberry asked for a clarification of the 1 changes to the proposed ordinance. Drayovitch stated that t through Saturday and the city Attorney solicitation would be changed to Monday hours would be changed to a half hour after sunrise to a half hour before sunset. to the City if Council Member Perry asked zocess tote roadway isolicitation if the someone were injured in the p proposed ordinance were passed. argue that the City she City Attorney Drayovitch stated thist was not would t say that the City r was not responsible. Howaverever, , artment would have to named s such a lawsuit. dep woend time,~effort and money to defend sp t. f )5 i c ,i i 364 City of Denton City Council Minutes ".fem .J Q October 12, 1993 we3 Page 7 -,gF /90 Mayor Castleberry asked about standing on the medians to solicit. City Attorney Drayovitch stated that an individual could stand on the medians and on the edge of the roadway. The intent was to keep the individuals out of the lane of traffic but this would be verb hard to enforce. Mayor Castleberry asked if an individual were on University Drive and were walking from the curb across to the median, would that make any difference. City Attorney Drayovitch indicated no if the individual were not actively soliciting from the roadway when moving to the median. Mayor Castleberry asked about leaning over into the roadway. City Attorney Drayovitch stated that staff had looked at different provisions and this was the best wording. Council Member Miller asked about turn lanes. Individuals would not have access to the center lanes and could not walk between the rows of cars. i { City Attorney Drayovitch stated that that was the intent but it would be very difficult to enforce. ` Mayor Pro Tom Smith stated that she did not want the individuals on 1 the side of the road. There were many ways to solicit funds without being a hazard in the roadways. Council Member Perry agreed with Mayor Pro Tom Smith. The current ordinance did not prohibit any solicitation, it merely prohibited it from the roadways. Council Member Miller suggested staff draw up an ordinance and Council could then consider whether to pass such an ordinance. Council Member Chew agreed with Council Member Miller. Mayor Castleberry asked if there were a restriction on the number of times per year an organization could solicit from the streets s' and suggested including such a provision. Council Member Miller suggested limiting the number to two times per year. N } i I i I i +k Y, Lw ! 365 City of Denton City Council Minutes genQ~No October 12, 1993 Ayendillem Page 8 WF Agn Chew motioned, Miller seconded to direct staff to prepare a draft ordinance for Council consideration. On roll vote, Cott, "aye", Miller "aye", Smith "nay", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 tie vote. 6. The Council received a report and held a discussion regarding the proposed road hump ordinance. Jerry Clark, City Engineer, stated that speeding on residential streets had become a major problem in some areas. Limited enforcement due to scare resources had not been able to eliminate this problem. The Council had been provided a draft ordinance which was modified from a Dallas ordinance. Staff was suggesting placing test humps in a trial location to see how the provisions would work. A suggested location was in the North Lakes Park area near Parkside and Bowling Green. A before and an after study would be done to verify results. Mayor Pro Tem Smith asked if the area residents were unanimous to try this method. Clark replied that the request and interest was from the North Lakes Homeowners Association. An actual vote was not taken in the test site area but if the policy were adopted in the future by Council, it would requi:•a a 2/3's vote. City Manager Harrell felt that it would be a good idea, if Council j agreed to do the study, to contact all of the neighbors before if proceeding. Mayor Pro Tem Smith felt that Council would not need a report regarding the feelings of the neighborhood. She would be more comfortable if everyone knew of the project but did not need everyone to necessarily agree with the project. Council Member Cott suggested testing more than one neighborhood. Consensus of the Council was to proceed with the test area. 7. The Council reviewed Government Services Television Network video regarding unfunded federal mandates. Joseph Portugal, Assistant to the City Manager, stated that the National League of Cities in conjunction with the U.S. Conference of Mayors and the National Association of Counties and the International City Management Association had joined together to coordinate a national public program to cuib unfunded federal mandates. These were mandates from the federal government which CITY= COUNCI 1 ]all ~ Mt 4 C Q O 4rC N. 4♦ r i ' ` • + s `s 3 CITY COtJN~[L RE~RT .gON% 1~-0& 4gendaifem cis ~4_ -I 1.9 TO: Mayor and Members of the City Council Date 0 FROM: Lloyd V. Harrell, City Manager DATE: March 14, 1994. SUBJECT: Naming of the Leathers Playground located within South Lakes Park. RECOMMENDATION The Parks and Recreation Department recommends that the community designed, funded, and built Robert Leathers Playground which is to be constructed at South Lakes Park be named one of the following; EUREKA or KIDS WORK. S IrvEARY At the February 15 Council Meeting, Parks and Recreation Staff briefed you on the Robert Leathers Playground concept. This community-built Robert Leathers Playground will be installed within South Lakes Park. The Friends of South Lakes Park, a nonprofit community organization, has requested permission to have the playground named by the children of Denton. y A "Name the Playground" contest was initiated among the D.LS.D. elementary and middle school students, and approximately 250 names were submitted. A vote determined the top four choices which were submitted and approved by the Parks and Recreation Advisory Board at their February 21 meeting. These names were then taken back to the school children on March 8 for a final vote. The two names that received the majority of the votes were EUREKA and KIDS WORK, The Parks and Recreation Staff asks that you make the final decision in choosing the playground name, BACKGRO IND In August 1993 the Parks and Recreation Department was successfully awarded a $500,000 matching grant from the Texas Parks and Wildlife Department that will supplement funds allocated in the 1986 Bond Fund Program for the development of South Lakes Park. Phase one of the park development will include the construction of a small lake and fishing pier, two picnic pavilions, picnic tables, two tennis courts, one multi-use court with basketball goals, one sand volleyball court, 1.25 miles of concrete jogging trail, one mile of soft surface nature trait, one restroom and parking lots, At the present time, the grant allocates $70,000 for f s the construction of two playground areas within the park. At the February IS meeting, Council agreed to allocate $35,000 to be used towards the construction of the Leathers Playground, The consultant hired to design South Lakes Park is conducting community meetings to discuss K i R:TY f i 4 t amenities within the park. If it is determined from the conununity meetings that additional project 1 dollars be allocated to the leathers Playground, Council would have the opportunity to approve this recommendation. The citizen's group hopes to raise an additional 550,000475,000 to put towards the construction of the playground. The construction of the playground would be completed in a three day period during the first week of November. PRQ RAMS DEPARTMENTS_QR R UPS AFFECTED The citizens throughout the City will benefit from this community based endeavor. RC-AL IMPACT: The Texas Parks and Wildlife Department has approved, via the grant, $70,000 for the construction of two playgrounds A portion of this approved amount will be utilized to help supplement the efforts of the community. The remainder of the funding will be provided by the community. Through ongoing fundraising the Denton community will provide the resources necessary to maintain the playground in the years to come. RESPEC ' LILLY SUBMITTED: Lloyd V. Harrell City Manager Prepared by: Rich Dlugas r Director gendaNO r Parks and Recreation Department ugendalle r ~ Approved by; Betty Executive Dir for Municipal Services/Economic Development a i I t • ~I I I I .~.I'I II ~ IfI~ I r r i~. 1 ENDN-_. will Il III I[I II'.1j Ii I_; If kADE Tqt:! - - - / ' 1II!Ithl rr t'!IlII 1f - -i" PICNIC PAVILION ICN1C TAf Lf _ I PARKING - OOD tOGING +---TPOLLtT - _ I BAR CLIMBING WALL HANDICApPEO ACCESS !L 5LIOE r771 , _ I, I -FORT OAGING BLIDCti-- LLFTBALC f !4 E.1 q I 4-115P IA DISH-- RINGS 1 HORIE.LAO UNNEL MAZE - r -ENTRY COURT MATH GAMES PI Dp RACTAL MAZE 4.L.'r A~1-CON TL WAtk 6 J5 PENDION BRIDGE '1'III - 66 A 55 TAMP _ TREENOUS!=---_ 1 - ~ I COMMUNICATI Nr _ -TODDLER SAN M ED } 5T 5e5 RING LRIDG --DENCH 1 - 1 -AMPHITNCATEq II.. i .~f - \ -BALANCE FLAM.S - r 1(r? ! ' I r. I - ~II III FACTOR YAEE I T I TUNNEL 5L," 71qi ~NIIN - / I -CASTLE !R All - / •'•i'\ \ - i FENCE LOP T TOWER /TEL OPE CONCRETE MI MAXv WALk I C ATION TRA -PICNIC TABLE _ i/ C1RGyLAR. E--- _ SWINGS IMA&IVAT16H TION MEMOIa'~LyJt --MATH TWISTER ANIMAL INI IZI fZ iL1a11.I BENCH FINGEA 4 ~J t1'2Q .--BNADE TREE 5WING'G PLRT•FORM I r~ rI( i !♦I+i. Iflll~fi~~l r~~l~ ~ ~ r ~ I/~1 I. N i 1 C 1 SCHEMATIC PLAN _-i ;p o UAU 140117 euu Iw McTU+ o t To i lc t ~ . 1 J "~1!'I DE ?O LAYSCAPE DFSIGNFq . ROBt0.T I 1 ~ 61:1 5 LE ATHEgS AND A550G1ATt5 DENT N , A t$FLL14 `l, I II I I( 1 =CITY COUNC I ~i I +yiy.n...Yi i 1 I 4 V 1 ~ . *Pon 1 1-A CIO AgendaNo J~/ 008 Agendaltem, # S I Cate 3 .22 - I) DATE: March 22, 1994 F30 CITY COUNCIL REPORT O TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: DISCUSS "BUILDING COMMUNITIES: TOGETHER", EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES, APPLICATION FOR DESIGNATION AS AN ENTERPRISE COMMUNITY AND GIVE STAFF DIRECTION. RECOMMENDATION: Apply for designation as an Enterprise Community. Strategic Planning schedule: March: Conduct survey of homeless. -Discuss with interested individuals. Develop draft strategic plan. April: -Plan with Owsley Coalition, NICE, United Way, HSC, CDAC, and others. 'Survey those in need. May: Conduct "Town Meeting" on the Plan. 'May 14, Council considers Plan. I June 20 1994: Submit application to Str.te. I SUMMARY: Denton may apply for designation. If the designation is i granted, Denton would be eligible for up to $3 million in Social Service Block Grant (SSBG) funds. See attachment 1. BACKGROUND' j February, 1994: City notified of EZ/EC program. ~ i + PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: CDBG, HSC budgets, CD department, Human service agencies. l J Cf, Y. r l Y~ i ' i i AgendaNo Aganda tin FISCAL IMPACT: We None. ~D 38 Respectfully s mitted: i Prepared by: Lloyd V. H rrell, City Manager tE ran Robbins AICP Executive Director Planning and Development i ATTACHMENTS: 1. Summary of Program. 2. Excerpts from Program Documents. 3. Eligible areas. j .1 r 1 ~ r l rf 1 A r' AXXO 552 <r: 4i 4 , Yr ti 7 I t ATTACHMENT 1 yGCSdge~h r rlt~:-~ " r zomas, IIP19~RP1tISS oaf Title Budget Asccaciliatioa Act Of 1993 cbaptor It lubehapter C, Part I Satexprise Communities 65 urban, 30 rural awmazzient Zama 6 urban, 3 rural urban one in a city of lose than 500,oo0 on* that includes areas is two Stat with an area es population of up to 501000 750,000 ma3daam~ aggregate population of the six designated by the Secretary of Housing and Urban Devel~nt Rural designated by the Secretary of Agriculture Designation period of 10 years, made during 1994.1995 aainatiom Process i ' area is')ointly nominated by the local gOV*rnmeaLiel ind the State or States in which it is located state or States and local T have authority 9~►ernmeat (a} to make the nomination to Written assurances the 4, app V! onto strategic plan will be iVlemented aaarea nominated by an economic t the State rilirat3on chartered by treated as nominated by a State and a local governmeatf us gibility criteria x E6mi1a"pa of nominated area Urban the losses of 200,000 or the 50,000 or 10 greater of of the asst percent of the population poPulous city located within " s { , f i • s Age~aNo.9 ` Agudal m 9 1e the nominated area ka 3hyral 30,000 Riau= nominated arse is one of pervasive povart # uaemploymentl, and general distress Sips of nominated area Urban not to exceed 20 square miles continuous boundary or up to three noncontiguous areas and located entirely within no more than two contiguous states Mural not to exceed 1000 square miles continuous boundary or up to three noncontiguous areas in one State and located entirely within no more than three contiguous States Zx udes any potion of the central business district poverty rate for each population census tract in the district is at or above 35 percent (30 percent in the case of an enterprise community) 1 ~ Pmnrty Rita within the nominated area 4 at or above 20 percent for each population census tract at or above ZS percent in at least 9o percent of the population census tracts s at or above 3S percent in at least 50 f percent of the population ceases tracts s special treatment of tracts with no x Zpoulaation o tof less than 00 discretionary authority to reduce the thresbold Bach noncontiguous parcel of a acmiaated area must suet the poverty rate requirements { i. g agPrdaho S population and poverty rate are dot by the most recent decennial census data available application demonstrates that the nominated area satisfies the eligibility criteria ,.0 a strategic plan that describes the coordinated economic, human, ccemnaitys and physical developoeat plan and related activities proposed for the aomlnated area describes how the affected cossiLmity is a full n and developing Sm the lamenting the= process the extent to which local institutions and organisations contrarated to the planaiag process identifies the amount of State, local and private resources that will be available and the private/public partnerships to be used(includu participation by, and cooperation with, universities, medical canters, and other private and public ` entities 3 ; identifies the funding requested under any Federal Program in support n propos economics human. c ,and physical's development and related activities c identifies baselines, methods, and benchmarks for measuring the success of the plan, including the extent to Which poor persons and families will be enorered to become economically self-sufficient excludes actions to assist relocations of establishments from outside the ncmiaated area into it (anti-pirating) Designation Factors to Consider s effectiveness of the strategic plan and the written assurances of plan implemantation criteria specified by the secretary h S d:1 No q4(- age'~dz1~ incentives~ i lJ ~S'~3itrY~l ..o the aggregate amount of outstanding enterprise zone faciiitt~~rr bonds allocable to nay person cannot e~cceed 13 million with respect to any one Hspowerment Zane or enterpriss Cosmunity, or $20 million with respect to all 2spowameat Zones and enterprise comiunities E~owermeat fcsti only employer credit for qualified sons wages paid qualified some soployess detemined by applicable percentage (204 for 1994 through 20011 then decreasing p ei decreasing anmally by St) is me who works and has principal abode in the apowement Zone) excludes Targeted Jobs Credit wages amount of qualified wages that may be taken into account for a calendar year is j t limited to the first ;15,000 XWs uadar Sec 179 ~a ).omen Only t increased by the lesser of $208000 or the t cost of an enterprise sane businesses qualified soae pr~pesty placed in service during the taxable year E t Create d 4 Soda larvi,r" t" RRMewerment -case oA ~t ■e r BBL Ilncreaae is Block Grants to states for social services, Title 3Y, Department of Health and Human services) F Amount Available ii billion in social service grants to a Btate for each designated Bepowerment Zones and enterprise commuunities for use in accordance with the Btrategic Plan for activities to benefit dasignated area residents enterprise one grant of up to $2.95 million for communities each urban and rural designee k i e a~er,i'zlt~m - 2e iaoentives TaLKZN =t fteilits Bed the aggregate amount of outstanding enterprise zone facility baasds allocable to any person cannot exceed 09 million with respect to any me amporerment Zone or anterprise Community, or 020 million with respect to all ampowwmmnt Zones and enterprise Communities lhnr+e+vwt~t i~++•!! en1_ V eaaplcyer credit for qualified zone wages paid qualified some employees determined by applicable percentage (204 for 1994 through 2001, than decreasing annually by SO qualified in me who works and has priacipalabodin the impoworment Lone) excludes Targeted Jobs Credit wages amount of fied taken into acco~ntifor a wacalendarges that may be limited to the first 015,000 ~maneina under Sec 199 l9aaowezmint Len!! Only increased by the lesser of 020.000 or the cost of an enterprise some businesses qualified zone property placed in service t during the taxable year Greats Seci~l SliviC~ it B<+mev~za~flt Lea!! and, u (Increase in Block Grants to States for social services, Title 3Z, Department of Health and Swam Services) Amount Available $1 billion in social service grants to a State for each designated ampowermsmt Zones and enterprise Communities for use in accordance with the Strategic Plan for activities to benefit designated area residents Enterprise one grant of up to 02.95 million for Communities each urban and rural designee mpowzmtat :ones r,~« - ` V:baa li c,! up to =SO siliioa !or*aft Rural looms each -i~gaee of up to :20 minion i Grant us" drug and alcohol (Piu) et"" program service prevention and 'sent traLnize motheft and children= f adults .447~~ooa~eet5 is cams r ehabili4ticn of affordable housiaand y, Publ laacultia cture and camamsaitp t~~im and eel!-sogdoyment sasvieu~to Pmucte ccemunity and economic devalopmaatt i Process igv"ts ~traCts between the state ~P/wltmiatcso" staff DevaloParat ROM 7194 Epp Evildinq I (202) a704-2095C. 20410 12/22/99 i,. w Y , . fl it F 2A i' ATTACIIMF:*1T z 1' I a i? I ,OFF jC Olm V a ;,1 Ic I 1 i L.fi 3 't ~F ~ V 4 r M1 .'V t4 . 7 ` Y ♦ ,r3 M1i .Q I ~ I 1 I I 2ti " , The federal govemmenl Ir felnvenfing the Kay it does ' business. We realire that aRloo i ' often, communities have been pill In the position of responding to the rigid diclales of various rederalpropramsand Washing fon•basedplanning , MIS application for Empowerment Tortes and Enterprise Communities Is different. The fables are being turned. Our e goal is you need t t do you with the Ilexibiliry yo °Our challenge Is to provide Dpporfunity to all Americans. We believe fha best plan more strategicallythroupha strategy lorcommurify empowerment Is acommuniydrivencomprehensIve eommunifydrtvenprocess. All approachwhfchcooedinateseconomfe, phystcal, envfronmental, communityand of our rederal agencies are human needs. " prepared to respond t/eary Clsneras cooperatively to each of you and Secretary, Department of Housing and Urban Development to your plans for change. I I 91l ,COO AgandaNo ,'s. A~6rlQaittln? trte_ (70 ~3$ "I envision a beffer tomorrow for rural America. A place where young people don't dream of tearing once they complete high school; a place where farmers can make a good living from their land; and a place where businesses flourish with T dMyklas6mmarLznA,,rlemwntsifrhe a ccess to cap flat and to nec ess ary tech nofogy. ,,.ManyolAmerlca' everyday EmpkMnmrnl L+u and Enr;,p ae challenges are mapniffed In rural Am erica bypoverty, distance, and negfect..,,Or; Commom y p,q,am tm morr Jeukl be goat Is for all Americans to share In the resources that this nation has to oiler. " wre b rrad the re fdairons a J ores promulsared ty the Srrvtanes of Hxs-rs andCrbanCk+darmenrardAgrodrurr Mr Espy Secretary, Department of Apric icunun o 9L/"0©8 the tmpowermenf torte end KEY PRINCIPLES EnterpriseCommunfryprogram is 59/;7 l eslQned to afford communities rest EMNOW WPD MW" l oY rerpporftvltali1010uflon, ThesforQrofram ameandworko/the The first pnomy in 1`01talizing disiressed communities u tocreate economic grogram is embodied to fouf key opponuniues-jobs and work-for ail residents The cnauon of fobs, bah wuhm the orlaciples: feonomle opporfunlty, community and throughout the region, provides the foundation on which residents will Susfalnable Community become economically self-sufficient and communities can twuli;e themselves Development, Communiry•9ased Opportunit es for enlrepreneunal initiatives, small business expansion, and training for}oyx oarlnersfilps, and Strategic WSW 'or Change, As you prepare your that offer upward mobil i ty are aher key elements for provrdingeconomic opportunity and rppUeafron and sfrateple pre n' you direction. should be guided by these pelarlptes ,hat serve as the basis for the MUIlgMU CMQAKrY DEYHDPMENT selertlon erfterla that 01 be used to The creation of jobs is the cntical first step toward the creation of a hs able and vibrant ^vafuafe yourpfan. community where human initiative, work, and stable families can flourish. However, economic dc%elopmeni can only be successful w hen pan of a coord nattd and compreherwve strategy that includes physical development as well as human development, A community where the streets are safe to walk, the air and water are clean, housing ts secure, and human services are accessible, and where a tiul chic spent is nurtured by innovative design, is a community that can be a source of strength and hope to its residents A community where learning is a commitment for life can foster the skills, habits of mind, I and attitudes that waU make work rewarding and families nurtunng Thts initiative seeks to empower communities by supporting local plans that coordinate economic, physical, emironmental, communiq, and human development. ia7 e f alb ~i°~. n f J t s CV11V11M1U11JiY PMIIS ISIM The road to economic opportunity and community development startswith broad participation by all segmentsof the community. This may include, amongothers, the political and ovemmenul leadershi communit groups, health and social senice groups. MItonmeMAI groups, religious organizations, the private and nonprofit sectors, centers of learning, and other community institutions, The residents themselves, howtver, are the most imponanl cement or revitahat ion. AgendafJu Communities that stand together are communities that can rise together. Communities Agendalt a~ cannot succeed with public resources moots Private and nonprofit support and invohtment fate aye critical to the success of a community sttking re0tali.ation fro 3~ Panne rships also must be created within and among the levels of government. Government departments and agencies on all k%tls must work together to ensure that i rekvant programs and resources can be used in a coordinated, f amble, and timely fashion to help implement your strategic plan and slut regulatory and other barriers to sustainable growth are removed. Through the Empowerment Zone and Enterprise Community process, the Federal i govemmenl offers a compact with communities and State and local goverinmentsi if you plan comprehensi%tly and strategically for real change, if the community designs and drives Y the course,we, the Federal govtrnmenl, will w7ivt burderuome regulations w writver possible, and work with you to make our programs responsive to your plan Showy us an irutov-ative vision with ptrfotmance•laased benchrrurks, and wY will imtst ; n your future i PARTNERSHIP& fEDF1tAAlE fB SIATt 1EYB COMMW ITY IFYB • remove regulatory barriers • invest State resources and Federal • helve the entire community % ♦ simplify program rules funds proves to Ne State • plan comprehensW • coatiutate progrartn • pass through UAC SSBG funds • leverage private resources • Invest broad resourus • coordinate programs and agencies • streamline beat pwriment nr • allocate a poAiort of prWte activAy bond cap STTSAIT" YOM FOR DWO ~ V9f_ r°~ ~f'.38 E A vision for change descnbes what you want your community to become for example, you nuyemision your community as a center for emerging technolog es or for leamrng new sUl.s, hnked to a nearby university or community college, a key eepon center for eenain fann products, cusiomvd manufacturing goods, or health and other human I + semces, or a sibrant residential area focused around an active local school, with access to jobs, retail markets, recreation, and entertainment. A s,_sion for change is nix a laundry list j of concems, shortcomings, and deficits. Instead, tt is a strategic map for reatahzadon It ,s i a means to analyze the full local context and the linkages to the larger region It builds on your assets and coordinates a response to the needs of your community--such as public safety, human and social scnices, and environmental protection. It integrates economic, physik-al, environmental, community, and human dcrelopment in a cornprehcnsi~e and coordinated fashion so that farmloes and communities can work together and thrive A strategic plan also sets real goals and performance benchmarks for measunng progress and establishes a framcwerk for assessing how new experience and knowledge can be incorporated on an ongoing basis intoa successful plan for reciuhation. i I f' R 4 1 t C_ IIll II - 1 i3o~3~ • 3 ' t. F i I • . 1 i r1' ,lll 11 ~r -I~,•~•~'~. • ~.•f ~ry~'i FA • 4 s , T f AgBaQalt2m~ ~ Dale_~: -n q Dear Communities, 1407 The Clinton Adminktrav~ n is working to address the crisis of distressed urban areas. ITe Administ ration believes that in order to create true economic opportunity, spur growth and foster a vibrant civic culture in America's underserved neighborhoods and cities, we must recognize that neighborhoods operate and function as systems. We must recognize that a viable neighbonccYA must operate as a unit, with all its parts supporting and sustaining the whole. It makes little sense w Vjd homes in an area that is cut off from job opportunities. And it makes little sense to fund job training without developing the transportation infiastructure to get workers to Sob locations Theempowerment ione,'enterprisecommuniry program tecogni.esthat robe successful the ptoblemsfaced by communities must be tackled head on, through one comprehensive strategic plan, that reflects all of the community's needs. As you embark on the process ofdeveloping your Strategic Plan, l urge you to consider three very important j goals: First, we must recognize the importance of linking economic, physical, and human development to successfully build viable communities and create new opportunities for the disadvantaged. Second, we should encourage the widest citizen participation possible, since no plan Is successful that does not bave the full support of local citizens and community leaders. And third, we must work to enhance the environment and culture for urban residents in order tocreate a revived sense ofcommuniry spirit that will lead to a more prosperous and livable community. The philosophy ofcomprchensive, strategic planningshaaes more than the Empowerment Zone program; j it shapes the direction for the Department of HUD. 1n the office of Community Planning and Development, we are ta4ing the concept of a comprehensive approach and are developing a streamlined, coordinated package of programs which every community across the country can utilize to build and rebuild. Many more communities will undertake the strategic planning process than will be designated this year. However, a weR-developed strategic plan will build the foundation fot fulfilling the planning requirements for the full range of our community development progtarns. We urge you to use this unique opportunity to redirect the fortunes of your community. The community- ! based, strategic planning priocess%ili engage theenergyand imaginations o(citi:ens and civic leaders to develop E a new vision for your community. It is a chance to unite residents and neighborhood organizations with Federal, State and local governments and the private sector, Together, you can ins wet the question, 'what do we want our community to be like in the future'" I There is no single blueprint for a successful strategic plan, not fa a successful community. Thls guldcEaok j wys prepared by a unique set of experts - The American ln~titute of Architects, The American Planning ! Association, The Urban lmtirute,T'lteNationalOvicLeagtwand Peter Calthorpe and Associates -toprovide you with some examples, ideas arA advice as you utxlertake this ers kavor. Let this spur your thinking, not limit ic. The strategic planning process cannot promise overnight transformation rleconomically depressed and crime •ravesged"ighbot hoods. It is not a cure-all for every problem that distressed commu Niles confront. It is one piece of an overall strategy -but we believe it will help establish a springboard for tackling the to~igh issues ex'., and every neighborhood in this country face. Please xcept our best wishes for the success of your a horn. Sincerely, t / Idenry Cisneros Yj k1 Secretary 1: U.S. Department of Housing and Urban Development Andrew Cuomo Assistant Secretary , Community Planning and Development v_ ^t: a ig,V03 NO ggEr t81t2 i A GUIDEBOOK FOR COMMUNITY-BASED 1 STRATEGIC PLANNING { For i EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES 1 Department of Housing and Urban Development Office of Community Planning and Development ? In Consultation with: American Institute of Architects American Planning Association Calthorpe Associates r F National Civic League M1 I r, The Urban Institute a, f fir' { L , F I ,y " 11 m 3 i li Y r r •~gen03fJO r INTRODUCTION X60 P 3 "is brochure provides direction for communitybaed strategic planning for } Empowerment Zones and Enterprise Communities (EZ/EC). It draws upon the rirh diversity and experience of best practices in planning in disttessed areas to illustrate how strategic planning can be done in your community. However, it should i not be viewed as a substitute for or a supplement tothe selection criteria sated in ` - the EZAC application. There is no "how to" for strategic planning for Empowerment Zones and f Enterprise Communities. There is no one single best approach that captures the ~06.41ei diversity of local circumstances. However, there are several important principles to guide the process. • Strategic Planning builds on the necessity of economic development -new businesses and Jobs-as the engine of urban revitaliution. a Each community must use the imaginationof all ofits citi:ens to reexamine how its unique assets and resources can support and engender new enterprises, the expansion of existing firms, and the creation of new emplovment opportunities for residents. l Strategic Planning for Empow erment Zones and En terprise Communi• r' I des builds from the bottom up. r It should seek innovative new means toemposver zone residents, to bring them into the process as key stakeholders, and to assure that benefits from { the zone accrue to all of the community and its residents. • Strategic Planning builds upon a vision. i The community must build consensus for a common vision of the kind of economy and job opportunities that each community's future should hold. i The vision also should address the social health of the community and the s physical form of the community. There are important concepts underlying how to define a vision for each community: building programs and p ' economic development around "Neighborhoods' rather than govern. "_J mints; replacing projects and bureaucratic institutions with 'Human Scale' services and buildings and advancing'Balanced"communities over s ! functionally isolated government programs and single purpose tones, o substituting 'Restoration' for the squandering of human and natural 1 resourcts. • StntegkPlanning builds cooperation, coordination, andcolbboradon across the board to create .stainable communities. The success ctCmpowerment Zones and Enterprise Communities requires thateffective meansofcoordination Se established and maintained from fi the beginning. There must be cooperation, from t}a neighborhood, to the region, and among the institutions, and organizations of each. it must integrate economic, physkal, enviro.imental, ^ommunity, and human development. Success will depend on actual collaboration in which part, I nets share a vision, establish common goals, and agree to use their ire power to achieve them. This coordination means a commitment of resources and, if necessary, a willingness toalterexisting policies androles o(agencies and organizations. Isolated approaches have proven ineffective because c the problems of cities and poor families cross individual pr ogram lines. ~ l ~Lt e~~i ~i t~' LV ~ t. 53 4 , s s lrtte strategic planning ptocess in this brochure is closely related to the G~t+solidated Planning' process that HUD is preparing for the formula programs under its 0(ficeofCommuniry Planning and Development (HOME CDBO, ESO. Agenda No No, ~u Dye HOPWA). It is expected that the strategic plan done for EUEC designation will Agendal incorporate elements that will fit within the consolidated planning process and W8 u form the basis for the CPD Consolidated Plan. s / 70-~ 2 (9 This brochure is not intended as a substitute for statutory or regulatory OAS instructions, rather it should expand the knowledge of statutorily required Strategic j Planning to help States and communities develop fresh approaches to address i old problems. The brochure is based on consultation with Wividuals in organizations with community-based planning experience. Included are the American Institute of t Architects, the American Planning Association, Calthorpe Associates, the Na. tional Civic Leagl ie, and the Urban Institute. It does not represent the official views of these institutions, but reflects their ideas as to sound professional practice. Fundamental Steps for Community-Based Strategic Planning The following are fundamental steps for a community-based strategic planning process. Each of these steps requires very real action to realise its goals. The steps are summarized as follows: Step 1: Getting Started The first step in developing a strategic plan is to identify if the jurisdiction has anarea, ot areas. that meet the specific eligibility criteria oftheEZ/ECstatute. The criteria specify that each eligible area must contain census tracts that meet statutory requirements for certain levels of poverty. Step 2t Initiating the Strategic Plan 71rough a Collaborative Process The critical commurtiry organizing step in developing a strategic plan is to assemble a broad cross-section of the community to undertake the activities outlined in this brochure. This group should include residents, representatives of non,proAt organiaations, business people, and public officials. The goal of this sup is not just the production of an EZIEC application, but a vibrant process for coordinating public and private organizations and institutions and for involving citizens in decision- making at every opportunity. Step Taking Stock - Needs, Resources, and Opportunities This step requires the community to gather information on the reeds, resources, and oppottunitiesineach eligible area. information on the metropolitan 1 area is also important since the fate of each VAC is determined, in part, by what } r' 2 t, , happens In the surrounding region, This information is needed to support the ~'QO praess u seeing priaides and makingdccisions about the economic potential of EVEC's. ~gerdaNo. WS ~e A6End21t ~ Step 4: Envisioning the Future -Long Range Goals Cititens and community leaders should all engage in the development of a Qet9 $Q~✓ O common vision of what they want their community to be in the future. The vision should focus on the potential for economic, social, and physical ft-4m and develop. ment of the community. There are four "visioning concepts" for this process: Neighborhood, Balance, Human Scale, and Restoration. Step S: Getting Focused - The Strategic Plan Communities must make the transition from large visions to realistic goals { and objectives. They must take a targeted approach that makes the most of their resources and applies them in a coordinated manner. There are three elements to this step: Setting Priorities and Objectives; Identifying Specific Actions and Making the Pieces Fit; and Defining Benchmarks. The result of this step is a clear sense of direction, timing, organisational responsibility and financing. , i Step 6: Implementing the Plan In developing the Strategic Plan and the agreements that support it, you should anticipate what is necessary for successful implementation. Specifically, it is important to consider ways to organise to get the job done, to define the mans of monitoring progress to keep it moving, and to develop evaluation and feedback i mechanisms so that it is possible to learn by doing. r I~I 1 0 Y`' ~~Y I ^f 71 It, 4 P f , J V. rt 5 y , 'AX JC fYa ,f f Ir r Y 'r 1+ a.: r. i i ~ STEP I.- GETTING STARTED WITH EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES This document is designed to provide guidance for the initial period available ftxcommunities todevelopiheir EmNwetment Zoneand Enterprise Communities (ELfC) applications. However, the strategic planning effort will not end with the submission of the application to HUD. It is just the start of the process, ev o n for those States and communities that arenotsclecredtoparricipateasEmpowerment Zones or Enterprise Communities. Strategic Planning should guide the activities for the duration of E7/EC designation, and the future planning for communities L1"'+' •'r'~ not selected. To start the process, the jurisdiction must determine ifit has an area that meets the specific eligibility criteria of the EZAC statute. The criteria for :one designation require inclusion of census tracts that meet statutory requirements for certain minimum levels of poverty. All populated areas must meet statutory poverty requirements. Poverty areasthathave reasonable potential for successful develop. t ogefldaNo' meet should be Identified. Since the statute permits up to three non-contiguous I Ageadalt fit sites to be selected for she runes, different site selection criteria may be applied fa i different sites. Some sires may be selected for their potential for economic Date W~g development and others for the distress of the population to be sened, with careful attention to linkages between them. Areas must satisfy more than technical eligibility concerns. Areas that have a demonstrable sense of community or identity are more likely to be able to coordinate activities and programs. Th yarealso more likely tomaintain thelevei ofcommitment that is necessary toar nleve success with Empowerment Zones and Enterprise Communities. li li j L• 5 , ~a 'c i ~I ! f 4 . ; + MM 1 roc:; { 4 '~ti rt` i 'iS,n ' I Y f qn,F* NL . +e I I STEP 2: INITIATING A STRATEGIC PLAN THROUGH A COLLABORATIVE PROCESS - CITIZEN PARTICIPATION PotentialChttlepoints: The process used to develop theE7ACappl.ationmust bedesikmedandfine-tuned h the ,trateek rt, no+ng pnvtar+r'n and to embrace and build upon other useful community cJihk, ruh MaaJ baa•J pengipaten efforts that are ongoing or ' A %,l.r•Jeartt anJunnnucJ thrmgh+m recently completed. The people involvedin the development of the strategic plan IN pf,xns! • Uvs the n,ress ux a Jnerw o,,ht,,,n and implementation of its components must represent all who have a stake in the t47lk0inethcwn1r%%11u0+Jth1 e0mmu- future of e'ch designated area's neighborhoods and the larger community. It is ntn) tn.hiJlnR claw that h.trc the ri,.cr to implement the pr.tn! important to include both people who support and those who • Das the (v,~rSS tvraA J+tin barrios to oppose the process. i xtxn h an ressknis aoJ facJnatr etT«• It is easy to include people inclined to support and implement a particular project. tine •,r►ina rctatSnship a trust and re. It is harder, but no less important, to include those individuals and organizations sm1. • R n the stn eu trt kAr the surface on who may have different perspectives on the project. JdFiculi iuum focusing m tokx caum and There are three critical eancerta, and iJentifglne comm.n salues! points to remember as the strategic plan is developed. r Ohs the stoup horn. aplars through 10 dequate aut~uvity i rust, the stakeholder group must be empowered by key leaders and the community to carry she error auccnsrutcmclwnx,! as a whole to make agreements. Local elected officials are responsible for the • Have steps teen talen 10 emr,Mrr all application, however, theyshould participate in the process in an equal partnership ua krsis to take a mcaninRru) r.Je u, the pliMing Fr,r~! with citizens to develop the strategic plan. • Hare an tnvol4eJkenAJfJthe VTa. Second, the orientation oftheentire effort, from theverybeginning,hasrobe tunity w help Shape the uti:cn pn1ic4p2- tKM rIMM? one of action, The goal is not just the development of the EVEC application, but also the development of a plan that the participating partiescan implement whether or not a designation is received. It is important to anticipate the need to provide technical assistance to all residents. Knowledgeable and active participation by those most affected by proposed improvements must be demonstrated in the agendaNo strategic plan process. Veda Third, while the planning process willfocus onphysical, social, environmental, 4ate 4 • and economic Issues the potential fa implemenhtion will depend on the health of n,glo ~3Q the community's 'civic infrastructure'or'civic culture', These ate the formal and o6((JJ Q informal processes and networks through which communities make decisions and solve problems. A vibrant civic Infrastructure is diverse, flexible, and reflects the make-up of the community. j r; . off; , 5 L... ~ f ar 4 I ~ II If STEP TAKING STOCK - NEEDS, RESOURCES, AND OPPORTUNITIES potential Checkpoints "Taking5tock"beginswithgathering informationthat shouldleadtoacomprehen- • taTal ere the craKal eaewmie 4>,ccs that live analysisof the nominated area or areas, and comparisons with thejuri0iction cone ea""ic n"Jt as wvl asomlitunt• tks ke the ELEC,.hurc ire I" kcneJ, and the metropolitan area as a whole. The information must provide supporting e 41ur are the nrc, client, and kiation'i data for basic decisions to be made about the boundaries and charactet of the EL houuneanh, mmunity'JcvcLvey. ninaJs t ihatAlfatthe ru+minatedEZECarca.' EC. It is important todeterminethe geographic concentrations ofissuesofconcem e What txalpublic pulicksdi,cciuaeeaa yuchas:unemployment, business vacarxics,health, crime, transit usage, education, nomk Jcvcfupment and u hich ones can k 1 rcasmablrreducedOf e rniMilted! and use of social services. This information can assist in identifying needs and •WhatarerheeliiHeutibeUt, assets, and oppurtunitksthat cananhewJtulrn to opportunities, and can serve as a baseline to measure success. ansp y{e KdlMik,hvmaacomm"nt; In 'Taking Stock" a community must also assess the organizational and anhpkal~kve4+pmentanJinvcufrunt: and..here sit they located! (rake into institutional strengths and weaknesses of nominated EVEC areas and how these eomidctat*n historic, cultural, or others wile sirilcant W-narks, parks, vk%-% factors fit within the jurisdictional and regionalcontext. For instance, the zornemay educational end recreational (acihtiee, p „e;atbo hood. scale retail andcummeuial have alarge teachingbospital. It becomes a much more important asset if the ovtiall xuv q, neishburl'oal-Dased instituti« s community and rcgiun have made a strategic decision to concentrate on medical and sxpanrati vu, eau to public trans- ptechnologies as a key regional development goal. The strength of Rnaracial porution,andavadabitiryofusablevacant apers es and publk lands) institutions and community development organizations become other sources of potential strength. The transportation linkages and accessibtliry to employment centers, transit stations, and bighway interchanges are also assets to be considered. They are critical in determining the ability of the zone area to attract the solid base aNo Q necessary for economic revitalization. Taking stock of needs, in effect, is an assessment of the problems to be AQ9illjtlt8~ addressed through the Strategic Plan. Needs may include poverty tobeovercome Date r through human development programs, homeless persons to be sheltered, derelict 6 lots robe clearedsotheycanbetumedintocommunity opportunities, deteriorated housing robe rehabilitated, crime to be reduced by community policing and other sttategies, and infrastructure to be repaired or built to establish a suitable Industrial and commecial base. In some cases reeds may involve the low quality of services, poor commurury schools with high dropout rates, or lack of access to employment center. The process of taking stock cannot cover everything with the same level of detail, since the time frame for initial planning is limited. It should focus on those problems which can be addressed reasonably during the fuse phase of planning and may have been addressed in existing neighborhood or comprehensive plans. It should identify those kxai and regional resources and funding sources that will be critical to revitalizing the area and attracting employment. 6 x 4- 3 1 CASE STUDY Urban Strategies Council of Oaldanda Califomla Babies born with markedly love birth weights suffer consequences that often endure for a lifetime. The condition occurs most commonly In areas of concentrated poverty. The Urban Strategies Council of Oakland (USCG) Identified the problem of low birth-weight babies as a local priority need during its regular process of asseesingbasicdemognphicdata. USCOhasmerged Information front numerous local databases, including thou ofthepolice department. school system. welfare departments, and typtcalcensus d:,ta. Withthlainformation,they have Identified key neighborhoods where issues such as low birth weight babies and other low income issues are concentrated. USCO uses statistical information to,.alvanlre action. 'they bring together nonprofit lousing and social service agencies with government agencies with common concerns relating to poverty data. They map their Information, and depict through transparent overlays Individual Issues of concern, and thereby depict areas of concentrated need within the Oakland community. No one Oakland area agency could assure that mothers and children did not fall through the cracks in the social services system. in focusing on the problems of low birth weight babies, USCO brought together the fragmented army of Federal and to-al programs that address the needs of young children. Programs Such a WIC and other welfare programs assist young mothers with these net& Heads" and relawdearly-c uldhoodeducation programs support low-income children to their school readiness. However, no one organL•ation guaranteed that j a child proceeded smoothly from prenatal care to kindergarten. Fragmented programs failed to provide adequate iJ support for children after birth and prior to the Headstart program that spans ages 3-6, USCO documented the problem in a report called "Changing the Odds." Tbey used it to secure foundation support for a comprehensive local program for low birth-weight babies. With these funds they started the Thurgood Marshall Resource Center, It brings together the Headstart center, the West Oaklaod Health Center, and the Oakland Parent-Child Center, In a program administered by the East Bay Perinatal Center. East Bay Perinatal also provides case management services for each mother. By pulling these organisations and their resources together, USCO helped to assure that fragmented services would be Jotned into a comprehensive pro. gram covering a M(rs development from birth to age 6. By provi"It comprebeosive cast management, It assura that uninterrupted services an available during the most Important years of a young cud's life. 'floe program ha been so successful that it has drawn a $1.8 mMon Federal grant to expand its scope to provide similar services in several other Oaklaud neighborhoods with pronounced need. F,,%Ialo, ~ ,;ta 3-0~ 7 f w• Y yt, I r~ f • 1 NOW STEP 4- ENVISIONING THE FuTuRE - LONG"RANGE GOALS l A primary role of the Strategic Plan's collaborative process is to develop a common vision of what citizens and community leaders want their community to be I{ke in the future, An EVEC vision should identify long-range goals for the potential economic, wxial, and civic quality of the nominated areas. It should also describe and illustrate the changes sought in its social character, physical form, and appear. i ' ante so that the areas create an attractive and secure climate foe investment. r Further, a vision of the future must addresshow the EM and the community at lare-, relates economically and socially to the larger metropolitan region, *nei,ision { should describe a comprehensive picture that will guide future actions and strategies by clarifying the interrelationships among people, their neighborhoods,jobs, and the economic opportunities that will be sought after and planned tot. At this stage it is important to be bold, rather than modest in your expectabons. ifwehaveleamedoncthing, itisthattherelsno"right way"tosolve►,xoblem,and Ageadalie that the exception to the rule is often what creates the unique power ofa community ~stad41N, 4 00t, to create economic opportunity and build a sense of place. j ~'8 r) r) The connections among economic development, social well-being and physi, ,7~f J cal design are complex and often indirect. We have learned much from past mistakes in urban development. In the past, we too open did the following: k " created poor investment opportunities by investing In individual develop- merit projects and not in their neighborhood settings; • destroyed community history and identity by tearing down buildings and scattering local institutions; s isolated different housing types, income groups, and their Family support systems; demolished buildings that proiuced unwanted "no man's lands" and separated people rather than building a sense of community; I • allowed lifeless streets and single use :ones without 24-hour activity; • pertnItted freeways and major roads to dissect neighborhoods and isolate people; " dispersed civic facilities and destroyed the stmcrure and focus of once vibrant neighborhoods and communities; • displaced small local businesses and stores; and a damaged natural lands and destroyed trees, plant life, waterways, and other environmental systems. k k 8 , 9 " f Y y. r i a Vislon Concepts In many cases, the failures discussed above were the result of Federal programs lack of vision, or a poorly conceived one, that resulted in the destruction of twighbot- hoodsandsupportlvecommunity functions. Also, many Federal programs had little idea of the community-building concepts upon which an economic vision for investment might be based. i The following four "Vision Concepts" can be used as an organizing bamework for developing the vision. Thmconcepts - neighborhood,balance,humanscale and restoration -apply equally to the social, physical and economic dimensions of community development. Foe example, seeking human scale may have economic i Implications In support cops of local business; social implications in the use of < walking a beat; and physical implications in the form and detail of buildings as they ' relate to the street. Rather than the standard government categories of economic development, housing, education, and health services, these concepts attempt to integrate programs. The idea Is to invest in neighborhoods and people, i athcr than programs and isolated institutions. Having taken stock of the community and its eligible MECareas, determining its needs, resources, and opportunities, the community should think about how each of these concepts support the vision ofeconomic development and job creation that it seeks tot itself. This is a very important step in the strategic planning process for the Vision Concepts have a direct relationship to each other and together to the goat of the MC program, Each of 6m concepts are discussed below: u ;pvdaNo. I ,geac+a~tel 2 S y 3 d t e. 1r r 4t 4 P r~ N 1. ios ° Agenda tem~~ R Vision Concept I Neighborhood AS Potential Checkpoints: e Ate the immui mi at the ncghhvh,%J Empowenrwine Zone level adequate to kveh,p and lmplcrnent NelahborfaW the plan- art tw% in. titumns cx,axsni - tr- f +allmi nNmary! i 1 ~•Cantu+lu+eplamturtcntiy,k,d,grJat aJcgml.ltrnxa, IDQ emcfulbuildingblmk! '!IDO IQ a neirhb,40A adegwtely accevsibte by fax, kycle, transit and auto! ReeWn \ a WIN pupmed development have adequate j most %ioh functional road and tranut 1 cmM.ectwns to live rte onal yob base! _ eat: n. wa • What fey institutions (ie•, churches, 1 eotleaet"Otah).de6nethenei6bonccoj and -hat role •+tl they play in implement- Ina the plan and emiVina tcWtnta' - i It I f r~ ,t The fundamental building blocks of the EZJEC progtam should be neighborhoods. Neishbodoodt kh Transit stop Good neighborhoods attract economic ittt'estment and jobs. Indeed, neighbor. hoods are the physical and social expression of a community's ecr)nontic strength or v weakness. The building blocks of neighborhoods are walkable streets, livable and affordable housing, accessible transportation, and local institutions. Public spaces and civic facilities should deAne the physical structure of a neighbohhood and community. Establishing bah an identiFable edge and a center for each neighborhood are essential to clarifying its identity. Economic develop. ment should support and enhance this identity and in turn should be supported and enhanced by it. EMC's. and thcit neighborhoods do not exist in isolation. They are pan of a Neigl+6orhadmparro/lGgiat larger distdct,community, and region. Too oftenexistingjurisdictionalbound arits ~t do not match the scale or reality of a neighborhood. Many services - police, y ' education, health, and housing - ire uncoordinated and many decisions are made e by remote bureauctacies. Clear connections to the region, between neighborhoods, and within communities should be established in the vision. Clarifying the structure of neighborhoods within the EUC and Identifying their critical links (physical, L social, cultural, civic, and economic) to the region are essential steps of the Ii envisioning process. E7hCs can use the neighborhood as a means to coordinate and integrate services and programs to the greater benefit of its residents, i' . Ne(j1 bod+ood an u bed deity 10 , r. r 91 V U l e Vision Concept 2 Balance Potential CheckprlnU: 3 Can servue Jehven k e.naJ,JeeJ an one Itxallon at the nclaht\Mh,%A kvell Me there pf'rams to assist tenants w v become o.nosNoughset 311&1 fa4e.n ~pJ~ p pbments7 ~ Op 1Q0 e. r Are uedn cnhmeemem pn~amsaval+b~e [!rk \1~•~ r ke financing muludamlls amJ miteJ use pots! , . • r t r Are innovative tonngchanges to facdiore \ ml■ed-use devekpment, in-law urits, mJ bseODrt Gcilltiet necessary in the delig,~ 9 fav e i need area! ft~ , \ e e : r • / I r Alt lit Ineenti~e t v so ' p ograma for small buu~N I Miuxubatorsavadable! ~p hN, Go nmerc: l r Win maw housing, commercial, anJ ocher Nelghb944 d i tkvelopment be coordinate) with nanut improvements! J { Fil rwrr~_r =ar1~ The EVEC vision should balance economic dc%elopmtnt with physical and human UwArork burildiq development. Balanced economic development means diversifying the job base rather than becoming dependent on any one major tmpioyer of market-public or private. It means creating jobs at many scales: local and corpor are, service-oriented and exportA rected. It means supporting new start-up businesses as well as prmning existing establishments. Raw, The physical and social service components of the EVEC should reflect the concept ofbalanceaswell. Balanced physical development meanspl"ng mixed. f use projects which Integrate the social and commvcial centers of a neighborhood. It means balancing theca: wdtheffective transitsystetm. Balanced social develop. Suter t taA mitt ,kW proieca ment means that the individual, the family, and the community should be supported ML 41110=~ by bah public and private investments. EZIECs should seek balance by mixing families, singles, elderly and young, and a combining the new and the dd. For example, EZ IECs should attempt to provide a i mix of housing types, ownership opportunities, and costs for a diverse population - r from housing foe the homeless and affordable rentals, to homes for economically How antis in-law sink successful community members. They should balance emplostnent opportunities with local services and civic Identity. Strategic Plans should identify existing ' conditions and envision the missing elements - in population, housing, social l~ programs, jobs, and facilities and propose corrective solutions. NrigAborfaad SAopping 3~ 1 i i i 4 ,fat' ~ a + t b ~ `t AgeotlaNo y Age~ltlzl Vision Concept 3 - Human Scale f`,i 'e 10 7a 3 8 Potential Checkpoints: a Ate stern nccaury to m,J;h and eapand r: r<f Uanlp\et.ttbxl rata m Oang rv&i nan%ate transit to netahhx h,sJs.' i e Can ,~c'n space and astc 6nhues fr t~ e.panJt+J and rmrr, os eJ n+rao,de (we tn- (act meerne ptxn %nhm the nngh AxMJ' 9 CaFG7 a Can 6nme,based heahl Cate protnamt it tn;uated! b Can step be taken to initiate community ~ rk4lCkna in the nnahhxlKvwh of the desia• a sf1J rated areal ? b b the mam commescnt area o(designaled i areas peJesttianGiendIsand accessible? • Avto-Scate /edestAan.scath ~ taw :'r te The EZAC vision should be mindful of the human scale in neighborhoods, T,~cCaSning economies, and institutions. In its most concrete expression, human scale is the stoop of a rowhouse rather than the stairwell of a high-rise; it is a police officer walling a beat rather than the helicopter overhead. A strategic plan should address ' o how race•to-face interactions at the neighborhood level will be enhanced. 1 The W..C should address whether existing street configuration, block size, 1 I and building orientation are or can be designed to support pedestrians, enhance safety, and provide local meeting ground. Creating a strong neighborhood focus from services, retail, civic, and commercial uses is central to putting identity and human scale back into a neighborhood, or creating a neighborhood out of an otherwise undistinguished district. Human scale housing means creating homes A1~ kfed with detail, identity and a senseof place, not the anonymity of much public housing i that isdivotcedhomiusurroundings. Human scale ineconomlcsmeanssuppocting fff local businesses, shops, and civic facilities located rot the pedestrian and oriented to the individual. Human scale incommuNtymeans ast:onSneighborhood focus and an environment that encourages everyday interaction, v r ti ' HOfn[OYM T"tawd Hotamg 12 J' e rf ; i • 'dtYi Qf'i Vlslon Concept 4 - Restontlorn o g Potential Checkpoints: a U • lcrainin ncd,+frrp,rllAnJgrcr'nilMrnt ti ~ Nctl+.a.•~~'rittusJwtnAlanJc,~mrtxrc,al ~ ~ -I~ Q~n fd laaLt,esrhacmkrrur.'J,vrecaptureJ' ~0 p ~ Are that akyuat< kcal pn~xumr .nh ~p ~ , Atial uu?nk•+wcaptah:r rrx•gn c.n+na• ~ 09 00 { • tk~n r.<rtlxrranun ps~ramt' to • Are parka, s-atcmay% and ahrt natural •D ® Iil ,rif Ell 4 nt • ■ ' r<uvrcauttda(restwaMnuommuniry ad ~ •0 icS I8~ prJem' • Do ataAl"d trnJrnnal and commrtcia! 1 burlJmp exist that corn he adapted kv [rj p , A r ■ nc+wea~ era r ~ ~ ~ q! ~S ■O !a• i { ~ . t ,71 Np • i era 130 0 i 13 1 BOOM Aver GYUMAationCurq. The E7L'EC vision should strive to restore eligible areas' cultural identity, physical history, and unique natural systems. Restoration creates and expands local infra- r~'s~ structure, pride, and economies. The vision should promote primarily economic sy. t " activities that restore and enhance the community and its environment- devel• opingthe full potential of its citizens . The concept of tesrorationshould be applied to the built environment as well as the natural en'^'onmenr to neighbothood r institutions as well as building stock; to human resources as well as creeks and bays; 4 Sneer Tra Plm crv atvd to history as well as buildings. Restoration means repairing existing neighborhood facilities, saving historical buidings, nurturing families, and preserving icons ofcommunitt identity. Restoring r r tit andenhancingthelocalbuddingstockcansimultaneouslyreducehighevergycosts, re-establish local history, and create jobs. The concept of preservation must be extended beyond budding facades, to the social fabric of neighborhoods and family des. A neighborhood becomes sustainable when its primary economic activities restore and improve its citisens, c otmunin• and environment. ComnuuQ) Omdrn Environments conrcrns must be addr :sled to assure that the development of the community is sustainable over time. Sustainability requires more than just • concern for the physical environment. As we have begun to see, communities ere notsustainablewhen concenvationsofpovertyturn them into wastelands o(despair and crime. The'environment" takes on larger meaning in this context. ft includes the physical forrtis of ahe area - its architecture, natural features, and an that make fi F{owi*K it attractive and add that extra spark to create its unique economic potential. The quality of all these elements determine theenvitonme it anditsultimatesrastainabdity. ii 13 s i 1 . d CASE STUDY Seattle, Washington Comprehensive Plan in 1990 Washington State adopted legislation requiring local govemments to prepare and implement Comprehensive Plans. In Seattle the city began a series of community forums during sbicb cidzm identiAed three core values for their planning: l) Environmental Stewardship, 2) Social Equity, and )l Economk C+ppoctunlty and Security. These three themes consolidate transit, economic development, bousing, and urban design Issues into i a comprehensive vision for the future. i Seattle cidaens further articulated a pre ference for what they called an "Urban Vsilage Strategy." Urban villages become the focal points for development. The strategy itself emphasizes the development of public transportation to mitigate sprawl and accommodates economic growth in a way that preserves the city's unique character-as defined by its residents. { The Seattle Plan relies heavily on the use of visual graphics to analyze issues, illustrate alters atives, and explain the urban village concept in terms that are accessible and understandable to Seattle residents. The plan envisions four different types of villages. Twenty-five "neighborhood villages" consist of several blocks of lower. density, multi-family housing as anchor to a single-family neighborbood. Ten percent of residential growth is targeted at these neighborhoods. Nineteen areas are designated "residential urban villages" with a concentrated mix of residential development and a full range of retail services. These areas will accommodate 15 percent of residential growth in the city. Six areas are identified u "hub urban villages" consisting of high density, mixed. use core with surrounding residential use where 10 percent of job growth and 15 percent of residential growth willoccur. hull'of the residential growth and 70 percent of the new jobs are planned to occur in five "urban center villages." These will be the most densely populated of the four village types with direct access to the regional transit I system, a public commons, and an Ipttmal access system that gives pedestrian and public transit priority over automobile circulation. I By inter-relating land use, transportation, housing and affordability, capital facwties, utilities, economic development and neighborhood planning, the urban villages strategy will accomplish several purposes. It will l i change) move growth into welldesigned urban areas, create less of a drain on natural resources, and set the stage for a comprehensive development strategy by recognlring the relationship between economic development, housing, and en4roamental quality. The urban villages concept is an excellent example of a mecbankm be asticuladng in wban vision, and putting it In understandable, visual terms. 1 i I pgendaNo S; Ageidal e a,. 14 k J rs`' apt T I STEP 5: GETTING FOCUSED - THE STRATEGIC PLAN Potential Checkpoints At this stage, communities must make the transition horyi visions torealistic • WTere are there undue eancentistkons of objectives. There are three elements to this step: Setting Priority Needs and t WKIMIC.human,c"mmumn.orrhsvcat Jevebrment mreds .uh,n nominated Objectives; identifying Strategieslhdaking the Pieces Fit: Identifying Bench- - uhtre7f!crt du the varkws nerds and o{vx marks. The result of this step is a clear sense of direction, timing, organizational . tunitin convate! responsibility and financing. • Wh2t ere the dirt must s epic tads and d ohrcctivn that at must be sdJu Getting focused means taking a targeted approach that makes the most of to { xhirve the to s snort vision! (ectxwmm, limited resources by applying them in a coordinated manner. human, community, and rhsw al Jevetcp• ment) • •hkls census uxn ere the needy arid objectives focused.' Setting Priori Needs and Objectives • Vtlutare the werAcactivitwithecommu• nits villuse lot addressinaits prmryneeds Raving developed a vision, the next step is to set priorities - For example, the cortslen mic its long-range hu o ci& e economic. Community. human. , and d leadenhip of an EVEC jurisdiction may idtntih affordable housing as the priority physic of deveTopmentactiinn-p'Vams need to2chieve the %i5lors,while ano~ her maydetermine that environmental clean. 1 end erojecnt VtTatAnarsciatandother commamenncan up ofanold stockyard is thekey. be to cars cam out the eplan local, suens"rgxt ere and and sources rcn to out th Each community should analyse tf.t components of the vision and identify the application! what is most important and translate those needs into a list cif measurable objectives. • Whai are the prix in actions (provams and j rroiects)thatmuwkxCOM011edArm, FrNexample, anobjectivecould beestablished toincreasethenumbero(affordable second. and third! housing unitsby509bover 5years,ortoensurethatICO%ofthildieis areimmunized • What aaenein or orpni:ationsart respem j si6k for each atrrct tithe elan! within two years. Establishing these needs and objectives may be a critical test of citizen and community comm itm en I, but the broad vision must translate effectively into appropriate and concrete objectives that can be achieved in a reasonable time pericd. ApsndaNo l~ iI Agoodalle Identifying Speck Actions and Making the Pieces Fit Date Q ^ Thekeytothestrategic plan is identihingspecificactiviries(programs anciptojects) i t SO! that "Iaddress thecommunity'spriority needs consistent with its vision. Reducing { crime, for example, can require a variety of strategies such as increasing the number of police on the street, making streets more pedestrian friendly, brim" 'eyes on the street', removing graffiti, and enforcing toning and building i codes to stop undesirable uses. As in the case of preparing objectives, saategies need to be prioritized in order to focus on those mait~ng greatest attention. Once the specific actions (programs and projects) have been idenOtd to : address the needs, the community should develop a coordinated approach to how these willbe implemented. Programs, agencies, organizations, and individuals must be put together into a comprehensive imp;cmentationpiogtam, Ilmusladdressthe +r' - concerns of all parts of the community and desist effecdvt measures fa assuring that the players function together smoothly. Human resources and physical development must be carefully linked to make economic development occur. Adequate manpower training and remedial tduca- tion programs must be mobilced so that residents can take advantage of the j06 , 15 t ` M1 Y Fv n;,_& f s } Fl k cteated not only in the sore, but elsewhere in the region. The improvement of the physical form and appearance of the area and its safety are not only desirable activities in themselves, but they may also be critical to create a more favorable environment for investment and for industrial and commercial development in the tone. Part of the problem of making the pieces At into an overall strategy is determining which Federal programs can be usefully integrated into the process of carrying out the plan, One of the statutory t quitemenuoftheStrategicPlanisthat f it should identify the funding requested under any Federal program in support of proposed economic, human, community, and physical development of the area. Communities are encouraged to Endways rolink these Federal programs. in creative ways. Federal programs can support much more than jobs and housing - the more i comprehensive the plan rot the community's development, the more successful it i will be. The final part of the strategy is to negotiate funding commitments from local and state sources. Those communities which have assembled signifi;ant new resources Mill have better chances in king designated and, more impo•tantfy, in implementing successful projects. Commitments and contributions sIDUld not just come from government, but also horn the private and nonprofit sectors. It is f important that local businesses, educational institutions and other organizations j participate in developing and implementing the plan. In some cases, the selected strategy may not exactly fit within the confines of existing federal programs. In these cases, communities are encouraged to identify the programs as potential sources of funding and to Identify the programmatic waivers or other regulatory changes that would be u-quired to use the funding. Identifying benchmarks Benchmarks establish specific targets on the road to achieving goals and carrying out strateges. They are essential for purposes of accountability and treasuring success. A benchmark charts the progress hom the baseline of the present condition to the achievement of the goal. Foe example, the benchmarks should include time. tables and numerical targets for supporting economic development and developing housing, infrastructure, social services, and other necessary improvements. .f This information should be developed in a chart that illustrates the various needs and objectives; the projects, programs, and commitments that will be , implemented; and milestones on a yearly calendar that pinpoint when the needs yt will be fulfilled. 0 rv~ a idaNo 4 t': fi Aj~9r0a a em 16 Apeada? p Y,. > an.-r r. r CASE STUDY The Good Faith Fund, Pine Bluff, Arkansas lbe Good Faith Fund Is an example of financial empowerment that builds stronger interpetsooal connec bons io the community to replace the weakened connections that often plague low-income neighborboods. ! The vehicle for empowerment is micro business loans made to individuals disenfranchlsed from the financial mainstream-unable to obtain any capital from conventional sources. In Pine Bluff, a SoutbMt Arkansas delis town, women, minorities, and dislocated workers are creating small business ventures through the micro-koding operation of the Good Faith Fuod. In addition to forming the peer lending groups of low income persons that support each venture, the Good Faith Fund provides training and technical assistance to support these efforts. Started in 19A the Fund has an annual operating budget of approximately $500,000 and has formed nine peer lending groups. Loan sizes range from $1,200 to $5,000 with an average termof 1 year. Ile Fund bas recendy hired? new staff members to expand their lending operation and manage a welfare reform demonstration project Micro-enterprise lending is an example of the kind of financial and institutional innovation that Is necessary to bridge the gap between conventional financial resources and those that provide real possibilities to low ~r income individuals in neigbborboods eligible for Empowerment Zones. Ile peer lending concept as initiated by Grameen Banks in Bangladesh, is an example of an innovation that builds new community spirit, new networks of support, and new possibility. g9RdaNo 194 ~oeR~atte ..S 307°38 i a i ra lr r~.~ s' t 17 i t7 c STEP 6: IMPLEMENTING } Organizing to Get the Job Done lit most %ell•conceived strategies can only be realized by aoommunity energized foe the task. One of the keys to success is tapping the potential of community t s , organizations and their leadetship, as well as that of the business community and - governmental organizations, bah within and outside the zone. It is essential to }j \ defineameaningful role for all organkationsand toestablishnew networks thatcan create opportunities for family support and can build a new community ownership among the impoverished households in the zone. Existing institutions may have the strength to get the lob dome, but new collaboration. and new organizations maybe necessary to carry out the strategies of the plan that cross program lines. Developing these innovative organizations should be considered when existing organizations do not match the challenging t task at hand. r Keeping It Going The success of the strategic planning process requires that local citizens and community groups grow with the process. This is the essence of "empowerment.' The planning process must build capacity and educate residents for the new opportunities being developed. This expands traditional passive citizen participa• i tion to active education and involvement. While the initial phases of the process define potential and hidden assets, the final phases of the process must assure continued development of this community potential and assets. Sustained effort requires on-going fuel. Mechanisms must be developed to assure that the original energy and the networks that generated it are maintained. Annual plans should be used as a vehicle for comparing curtentevents with the goals of the vision. ienaa NO I I IeRtla llarrfVU I em f 3.40 3$ E i rr 18 . i ~ d S i , 8 M CASE STUDY New Community Corporation, Newark, New Jersey The New Community Corporation (NCC) of Newark. New jersey, serves as an umbrella organisation ! for a group invoking itself in read estate planning, de : 'opment, construction, finance, asset management. and public relations. NCC bas kept it going for 15 years and is one of the most successful community development organisations in the nation, surviving In one of the most enduring city-wide concentrations of poverty in the country. Started in late 1967 by Monsignor William Linder to sere low income meighborboods, NCCs major goal U self-deter rilmation of residents and resident ownership of efforts to improve the quality of their lives. 11-affers a comprehensive approach to serving the poor by providing decent housing, day are, employment development and tradning, health care and social services, and business development. Ile group combines financial resources from a wide variety of state, Federal, and local government sources, and includes a 1991 "Genie" Grant from the McArthur Foundation. NCC started with the rather modest goal of creating 120 new units of low Income housing. In the i beginning NCC fought state housing finance agency guidelines requiring high-rise development for low-income residents. Working with the state to secure funds for non-conforming low Income housing designs required t patientworkwithmanyagencies.Nowthere arelow•incometown6ousedevelopmeotssurroundings centn!open space and play area. NCC now provides equity partnerships to its residents as a meant to assure ownership. It provides affordable housing to 6,000 households and da (care for S 20 children. NCC runs numerous homeless programs, manages a sboppingcenter,ajobtraining program and has its owncredit union for Indigenous fiscalresources. "Me umbrella arganisation has a resident board charged with making sure tltat the wide ranging enurpeises they manage fit into an effective wbole. i i ' ~ ~ apenOaNa Qu' { Apeadalte S Learning by Doing l?alQ The Strategic Plan is not a document, but a process that is ongoing. The process must maintain the Involvement ofcititetuin tealiringthe vision. Strategic planning should be a constant process of tepming to the community, learning from mistakes and successes, and feedback into defining more effective suategies in following years. The process of evaluation and feedback is written into the statute. It requires that communities identify methods and benchmarks for measuring their success, Including the extent to which poor persons and families will be empowered to become economically self-sufficient. r• 19 n 0 G CONCLUSION The bottom line for Empowerment Zones can best be summed up by Monsignot William Under of the Newark New Community Corporation when he said, i "It's a long haul, ue started with a 10-year plan, and 1 would suggest that is chat it tales- a 10 year comnminnent from people." s ss \ The Strategic Planning process promises no overnight miracles. It does, however, offer Federal support and assistance for local jurisdictions willing to 1`✓~tlf't1~.iasw. w~. embark on an ambitious project for which they must maintain energy and commit men% for the lonr, haul. Empowerment Zones and Enterprise Communities are a way to show that there is still hope for turning around distressed communities. HUD is aware that the strategic plan process cannot be fully implemented prior to a jurisdiction's Empowerment Zone application. However, jurisdictions must show enduring corn mit ment tostartingthe process. Theymustshow howtheywillemploy I Innovative new ways to provide meaningful community involve ment in the process, and also an equity share in the benefits that accrue from focal efforts, t i Agenda ko 9____- Om- Apidal ~!n i i I ~s. r: 2 w a ` ~1 i r K i(, 1 ~ r , r Gf ' ~ !j~ ~1 ~ .,tb 1 f~1 nq! 5 S 1. ty a 2r Y f~a ~ e ' iR • i ~f~ L y ti • "e•" r `XwT.' J 1r i ~ i 4'~yy a ~ ~ a• a Ir C:. tr t .3. Sh }l F 'tt y7" # q. 'f( Ail, rc,f±r a(• : 1': i, } ' .G.rr'fy ff r ti!t "114 Fx t•S;~ f4~ Nj+a, r::` 33, fr ~.t`'` r~t~ dl7~yjl, ry 5Y~ ,j Rm '+•I ~i 97 rY13'~ji i I a. y, /Y f4 5.:1 r ~4 I 1 d ))~'1 y " 'C! 3 4110 1 ~ ~K w{'+~i vry.a ~,rf ~6t if k9 Yir ~s I Tl n y ~~'i .~e T l ~ 11 'a r V' h e b ii ~ S,yf ' ~t k i tt 1 •c ' x.#! . nFrav a f 1ri'eyi ' r: r~ 7. +%A _,G p T~:c,r to 1c6 J;{I ! ~y,jl /~rtX~ y I •f"i'~<~ ~ Ir~' 't t~ ~1 Ly I .l ~ Mf. x~ r; + F j¢ r " lrs.' kv)~I jg~ IA4 t y y fS r tLI'i'~ rir 'r 40 4*N4~N~~,~~~y'~k~~y..~,+. a ~I 4 r N r4y4~4' ~D~rw ♦ ~74r.Y~ ti`~~ y}YY. y. y. ! ~ f , eC ♦y ~j~4 ~ ~ "".I ~V~ i {fir ar"y:h.Y~~~i~1 Y a !B~ y 5 ~ ~ ,~•.V ~ ~..f „syr ti`{{ o `~c.X ,~aM r >d;1;~~r * r• Y. ~ 6. c a'J i~4"Hi':i+.dn'!!y rY.r~l~~ ' ~ w; 4.," ~ •d + h r ~~~f- d~~~~• itfr,>I5`+F*1. s. °'1 1e I mfr aN of t4~~! ~ k Y. ,c s1I.. Tl 5 i. Y r I t• I 1 2 4~; y ,L • 1. R jlyP 4tti~l'Y.' yz~,it r f ~(L a4 LL' y Ipp 11 i E r r' ~ • • iy .•a •r r . 1. I r . s y d TIT* INFP"111M 1 F S ATTACHMENT 3 URBAN EMPOWERMENT ZONE/ ENTERPA;SE COMMUNITY EN'U TOTAL PULATI N PERCENT TRACTS POPULATION BELOW POVERTY BELOW POVERTY 204.02 4005 264 6.69% 20 206.01 4.03 3622 272 7.61% 206.02 003 924 22.49% j 207 ~7 ~ 13.32% d 1214 36.16% 208 3068 663 21.61% 209 3296 1123 34.07% 210 5739 1091 19.01% 211 2591 1361 62:53% 212 4818 1447 30.03% 213.01 2077 859 41.36% 213.02 7428 897 12.08% 214.02 680 119 20,52% SUMMARY QUALIFYING e ENS TRA TSAAE T LEA T 20% HEL W VERTY LEVEL ALL CRITERIA TRACTS 6 CENSUS TRACTS ARE AT LEAST 26% BELOW POVERTY LEVEL 90% OR 12 TRACTS 3 CENSUS TRACTS ARE AT LEAST 3596 BELOW POVERTY LEVEL 60% OR 7 TRACTS 10-Feb-94 12:23:29 PM ApeodaMo AgeoldeIfe S 97arI k 1 1 3 r' r r" All MM f S S 204.01 205.01 205.02' II 204.02 J y -i~ S11 1 ti as - 208 i i ? - "li • ' ~T "1 i 111 J L. _ , 213.02 L• ~/.-r~ L._. J r 203.01 , 214.02 Ile 203.02 i :1ao~ w O1V Of OENTON L'! 1990 21.05 CENSUS TRACT MAP 1•a =CITY COUNC I J GG,` • c • C1^i1'n nfn= t .h . C \ } f r+ ~.~~jllfti~n r,F•,~~~~em ~~~~Ar inappreciation of "GEORGE E. BUROEB's WHEREAS, on February 11, 1994, George E. Burger retirod, after serving with the Fire Department since July 1, 1970; and WHEREAS, during the past 23 years, George has represented our City in the Fire Department as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of George and wish to recognize samc; and WHEREAS, Georgv has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton; i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLAr ' I That the sincere and warm appreciation of George felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to his a true copy thereof as a token of our appreciation. PASSED AND APPROVED thin the 2= day of fib, 1994. i r BOB CASTLESERRY, Y.AYO i ATTESTS JENNIFER HALTERS, CITY SECRETARY HYs APP ED TO LEGAL FORHs DEB A. DRAYOVITCH, CITY ATTORNEY PYS c+ ~r ~CITY COUNCI TE ~f ~ A S O 4r0 M 4,4 an08 Nu ±~e a tuft tnnppreftntionut "BILL AyGZL0" WHEREAS, on March 24, 1994, Bill Angelo will resign after serving as Director of Community Services slots October 1, 1986; and represented our City ER during quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Bill in the ste divisions of ort,EPleateServicesSBuildi g operations a d wish to Drainagye, Airpo recognlte same; and WHEREAS, Bill exhibited exemplary service cc-managing the Denton Spring Fling activities; and WHEREAS, Bill's focus on the concer.is and welfare of the community were always of utmost priorityl and c WHEREAS, 8111 has always served above and beyond the efficient theccity, andhhasdeatneoltherfullirespectwofihis fellow employees, colleagues and cl'citans of Denton; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; That t.., sinters and warm appreciation of Bill felt by the conveyed citizens in a permanent manner by ro oof Denton be rdiog thi s upon t to his he f Dent and official copy the eof ias oa token of Texas forvarding minutes to of the his City Council Of the appreciation. 1994. PASSED AND APPROVED this the Jay of BOB GASTLEBERRY, MAYOR I I ATTESTt JENNIFER WALTERS, CITY SECRETARY Sys APPROVED AS TO LEGAL FORMt -i DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt ALI r, ism "iT 1-. MCOUM r l I y 1 ~r+ 1 i a i 1 ~ •r a 1 4 ygendaMo ~~ooh ~P,~a~Dri Agendalterr~~'~ Date ~L2- In upprWation of /o „CATEERINB A. Tun" WHEREAS, Catherine E. Tuck is resigning after serving as Administrative Assistant in the City Kanager's office since Kay 150 1990; and WHEREAS, during this period of service, Catherine consistently demonstrated professionalism and excellence in her work; and WHERE.'.3, the City of Denton has been fortunate to have an employee of Catherine's caliber and one who exemplifies commitment and dedication to quality service; and WHEREAS, Catherine has insured that citizen service requests were handled diligently and expeditiously resulting in organized, well planned events; and WHEREAS, Catherine has served in an exemplary manner, effi- ciently discharging her duties in promoting the welfare and follow prosperity empxyees, ciolleagues, and acitizens of Denton=epecL of her THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; i That the sincere appreciation felt by the citizens and officers of the City of Denton, be formally conveyed to her in a permanent manner by recording this Resolution upon the official minutes of the city Council of the city of Denton, Texas and forwarding to bar a true copy as a token of our appreciation. PASSED AND APPROVED this the day of 1994. d i BO CASTLEBERRY, KAYO i ATTESTS JENNIFER WALTERS, CITY SECRETARY BYs Ap VED A TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY BY1 ti i . . .W T J.s PCI r c i _ I i I I l i I r J L r AgendaNe 4 bQ8- - Agertdaltem.. "5. R. _ DATE. March 22, 1994 Me 3 22 9~ REPORT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY AND FINAL REPLATS OF LOTS 1 THROUGH 6 AND LOTS 18 THROUGH 24, BLOCK 2, COLLEGE VIEW ADDITION; INTO LOT 1R, BLOCK 2. RECOKMEND T O : The Planning and Zoning Commission recommends approval, in light of the March 7th variance approval by the Traffic Safety Commission. 1 SUMMARY: The 2.201 acre site is located north of Davis St., between Wood and Ruddell Streets. It is currently the site of the I Sullivan-Keller Learning Center, a facility of the Denton Independent School District. Approximately 4,460 sq. ft. of improvements arp proposed for the 170000 sq. ft. building. Also proposed is a vehicle drop-off on Wood Street. An existing 10 ft. alley easement would also be abandoned by this replat. On March 7, 1994, the citizens" Traffic Safety Support Commission approved a variance request allowing the head-in parking spaces off of Davis St. to remain. F, Public improvements include approximately 300 ft. of concrete sidewalk. !I e i BACKGROUND: The site is in a single-family 4oning district (SF-7), and no change is needed or anticipated. Services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. At this writing, one written reply from a nearby property owner ban been received. The respondent was undecided. The re late do not conform to the minimum requirements of the Subdivision and Land Development Regulations Standards, but a Variance has been approved- . f i / i' ~ endaNo 9 ' ~gendallem PROGRAMS. DEPARTMENTS OR GROUPS AFFECTER i r None at this time. FISCAL IMPACT: None. Respectfully submitted, oy V. Harrell, City Ma ger Prepared by: I G. Owen SLA urban Planner Approved by: L/ rank Robb , AICP Executive Dire or of Planning & Development errACHrtENTS: ~ 1. Location map. 2. Preliminary replat. 3. Final replat. ! 4. P&Z minutes of March 9, 1994. A . t J . v. AU 00555 kyi 0 s , We; r. ~endaNo 9 ' agcnhltem PROG ~MS_ DEPARTMENTS OR GROUPS AFFECTED: None at this time. FISCAL IMPACT: + None. Respectfully submitted, t 4 oy V. Harrell, City Ma ger Prepared by: 1{r G. Owen SLA Urban Planner Approved bye i rank Robb AICP Executive Dire or of Planning d Development A'fTACHMENTSi f 1. Location map, 2. Preliminary replat. ? r 3. Final replat. 4. Ps2 minutes of March 9, 1994. r. E AXXWSSS F,, l y'. (We "v .4 ! K AgsnWlo gq'009 A 9C III d'. 112M ATTACHMENT 1 Casa ~ ~2 a- NORTH Sullivan Keller A"A m. ra~_~ 11U E .4R !4411 ! 0 O rt,1o ~r ~ f 11~ R a LID "SITE PA6 Y Q! PI'SlE1 I n r~^~ D ` -D $ n ~~yy Iwm i rutQ ~a~ 1 A T10 9 `I woo ~o r•. •Yau r w LJlf1Ell ~ CAR F. Y. 47S Q~ Y I `I` ll 1 ~ f J ~U FR I e7 IT v ti r - ,j r MIDI OARS 9, j 445 C9. i Al[CR4 YiS~1 • H i•+RV it nil Location Map d~ a'. Date: 313194 Scale: None A. i I F ~ a i i I 1 Apid3N10 1. .5 ~ A(~;~i~2u8D? - ATTACHMENT 2 NORTH Sullivan Keller B L 0 C K 2 s a . o r N E . `t 10 I Myyy L AMII ` S ~5011 ~ 1 1-14W /1 f u-b +1p OasEO 5 i 1 IFA LOT t R x 2~ 1 K. 1 j ' *0" ow •11 rA It teA t0 11 V ` I IS, O-WA* IultDlllas I~ P 1 ' i ~ yty f s ' t` Is I H I I t: R I U I l D I M 0 ~1KI11'K 0117 I -.LW HQ- _ 1 s~ ....t w DAMS B" L 0 C- K_ 1 Preliminary Replat Scale: None Date 3/3194 A 4 Yfj ryr(~ AgecdaNo . 008 A6Er~~z',em - Sullivan Keller ATTACHMENT 3 NORTH 'a { r B L 0 C K 2 ;i 4 RLIN 3 U431;E 116.14 1 3 OCDG'4t L wuW l ,a,0 i u $0.31 , In EE 1 F S 3 6?13'3! [ 15722 E I S i 0z, 0 L0T 1R I~ BLOCK 2 2,201 Ae. ow L DAWS ST. ~O+ 1 "l~ i r n ' 8 L 0 C K 1 1 V 4S f Final Replal Date: 3/3/94 Scale. None n' x t rrh S * ~ r al ~u, ii i I c i ti ~g-Ergo. qq-oa8 planning and Zoning ATTACHMENT 4 AdS"~f+lf1~~' minutes March 9, 1994 page 6 construction plans. Mr. Russell made the motion to recommend approval of the final plat of Lots 1 through 301 Block At Deerwood Addition (phase 1) with the condition as outlined by staff. Mr. Cooper seconded and the motion carried 5-1. ~i. Consider approval of the preliminary and final replats of Tats 1-6 and Lots 18-24, Block 2, into Lot 1R of College View Addition. The 2.201 acre site is located North of Davistto between Wood and Ruddell Streets, and is the site of the STAFF REPORT: given by Owen Yost. Mr. Yost said the 2.201 acre site is the location of tht Sullivan Keller School. The request, if approved, allow, for 4,460 square feet of improvements to the 17,000 square foot building, and a vehicle drop off on Wood Street. An existing ten foot alley easement would be abandoned by the replat. Public improvements include approximately 300 feet of concrete sidewalk. The Traffic Safety Commission approved a variance request that will allow the ten head in parking spaces on Wood Street to remain. The main request for the replat will allow a circular driveway to be built on Wood Street. The final replat will be reviewed by the City Council at a public hearing. RECOMMENDATION: The Development Review Committee recommended approval. Mr. Cochran made the motion to approve the preliminary and Block 2 into Lo final replats of Lots 1-6 and M tsgussell seconded and that IR of College View Addition. 1 motion carried unanimously (6-0). r t r g j CITY= COUNC r I i i 'I r t, *PO N r f ~ .*.rr Now- n 9 geodaNo CITY OF DENTON CITY COUNCIL MINUTES p~ZD March 1, 1994 The Council convened into the Work Session on Tuesday, March 1, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tea Smith; Council Members Brock, Cott, Perry, and Miller. ABSENT: Council Member Chew 1. The Council convened into the Executive session to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action in I_wuchukwu v ty. 2. Considered action in the matter the applic tion of Bolivar Water Supply Corporation of the Public Utilities commissionS24-C and 9447-C amendment B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussion regarding property acquisition on Foster Road and Mayhill Road. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Council Member Chew arrived during the Executive session discussion. 2. The Council received a report and held a discussion regarding onnaire and gave staff direction. i994-95 Budget Priorities the Questionnaire Lloyd Harrell, City Manager, stated O that wthe as budget questionnaire process started and was used was given to staff as the budget when ranking budget packages. Kathy Dubose, Acting Executive Director for Finance, reviewed the results of the questionnaire which were included in the agenda backu. Two ce level different and the other scores dealing with obtained, council priority. with the servi Council Member Cott stated that the police patrol area did not stand out. It appeared that the City had moved away from a hard felt c that patrol same way concept regarding the asked police t patrol other issueunail members ~a i i I a f r r City of Denton City Council Minutes Ati6•''c;1=m March 1, 1994 Page 2 , 2d Council Member Brock replied that of the top three service areas listed, two dealt with policing. She felt that these were important items for the City to be doing. City Manager Harrell stated that in the past the questionnaire was two dimensional with either a ranking to increase or decrease service in an area. It was felt that that was not adequate information for the staff and the questionnaire should tell staff what were the top priorities for Council as well as which direction to proceed with in that category. The questionnaire had since been changed to reflect those two areas. Council Member Miller stated that if any area were given a high priority, such as police patrols, that was an indication that the City was doing an adequate job in that area but in the future the City might have to increase the amount of money for that area. City Manager Harrell stated that another item of importance related to the four Council comments regarding the restraining of property tax as much as possible. With those kinds of comments, staff would be conscious on how the budget were put together. 1 3. The Council received a report and held a discussion regarding federal funding for transit operations and gave staff direction. Council Member Chew left the meeting with a potential conflict of interest. Catherine Tuck, Administrative Assistant, stated that President Clinton had proposed massive cuts in federal assistance for transit operations. The proposal was to phase out all operational funding over a three year period with a 251 reduction the first and second year ++rd it 501 reduction in the third year. Local transit operations relied heavily on federal and state subsidies in the ,tperations areas. With a President and Congressional majority from the same party, this type of proposal might pass more easily. If this funding were not available from the federal government, there would most likely be fare increases, service reduction, and more City funds allocated for transit. The City would be asking for Community Development Block Grant funds for the fiscal year 1995. This was the only federal funding that could be used as local match for transit dollars. Seventy percent of the trolley stops were in j CDBG target areas and those not in the CDBG area were businesses or places of employment. Denton's funding for fiscal year 1995 would not be adversely affected by any federal budget decision. The City's funds to operate for fiscal year 1995 were funded by the FTA i out of fiscal year 1994 and thus Denton's operations would not be in jeopardy until fiscal year 1996. r i i r e 4 y- ~ City of Denton City Council Minutes Au March 1, 1994 r, Page 3 Council Member Cott felt that many approaches could be used regarding this issue and felt that perhaps private investment or an economic development group needed to be brought into the picture. City Manager Harrell stated that this was an important issue to look at in the next budget year as it would be a major policy issue for the council. Council Member Miller felt that it would be a good idea to express Council's concerns to Denton's Congressional representatives during the upcoming National League of Cities Conference in Washington, D. C. This item also dealt with air quality issues and should be a priority item to discuss with the City's Congressional delegation. Tuck continued that the City had submitted programs for consideration in the Transportation Improvement Plan to be evaluated by the Regional Transportation Commission of the North Central Texas Council of Governments. The amount of Section 9 federal funding available to be programmed was $417,037. She reviewed the funding request which included $40,187 for planning, $215,250 for operation, and $161,600 for capital funds. If Council did not have any additional comments or concerns regarding the proposal, it would be listed on the March 22nd agenda for council consideration. { i Council Member Chew returned to the meeting. 0 4. The Council received a report and held a discussion regarding the City's Comprehensive Driving and Vehicle Use Poliny. Max Blackburn, Risk Manager, stated that the primary purpose of the policy was to standardize vehicle accident review boards throughout the City. A secondary consideration was to update three existing policies which were for the most part, obsolete or inadequate. It would institute five new policies for driving record checks, employee self-disclosure, defensive driving course attendance, use of city vehicles by volunteers, and use of personal vehicles for city business. 'i The Council convened into the Regular Session on Tuesday, March 1, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Hiller. ABSENT: None 9-3-1 ~49 City of Denton City Council Minutes March 1, 1994 Page 4 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of February 15, 1994. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Public Requests A. The Council considered a request from the Denton Festival Foundation for a noise exemption at the Civic Center Park on Sunday, April 24 from noon to 10:00 p.m. Catherine Tuck, Administrative Assistant, stated that this was the third year for this request from the Festival Foundation. The Foundation did not anticipate the bands to be playing any later than 8:30 p.m. or 9:00 p.m. but wanted enough time to complete all presentations. Tho City had not received any complaints in the past regarding this event and any associated noise. Smith motioned, Brock seconded to approve the request. On roll i vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew E "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried r with a 6-1 vote. B. The Council considered approval of a resolution i temporarily closing Congress Street between Alice Street and Denton Street on Friday, April 29, 1994 for Cougar Day at Calhoun Middle School. Catherine Tuck, Administrative Assistant, stated that this was an annual event for Calhoun Middle School and the only property owner affected was the DISD. The following resolution was considered: NO. R94-006 A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET IND DENTON STREET ON FRIDAY, APRIL 29, 1994; AND PROVIDIFG AN EFFECTIVE DATE. r I f r t Y Agsn~e.~o..L ~d~ City of Denton City Council Minutes r-fig March 1, 1994 .l Page 5 Brock motioned, Cott seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing Fry Street between Oak Street to Hickory Street on Saturday, April 16, 1994 for the Fry Street Fair. Catherine Tuck, Administrative Assistant, stated this request was from the Delta Lodge for the Fry Street Fair. The Council backup materials reflected the history of the event. In prior years, the event was not held on Fry Street as a landowner was not in favor of the street closure. This year the Lodge had received approval of all landowners and tenants for the closure. This event would be on a Saturday. University of North Texas police as well as Denton police would be working with the Lodge to ensure adequate parking and security in the area. Both FEMA and Grace Temple Baptist church were included in the provisions of the resolution for parking security and cleanup. The City Manager's office had received only one call from a citizen regarding this event who felt that the hours were too long and preferred a shorter time frame for the event. Robert Bone stated that closing Fry Street was essential for the f growth and prosperity of the Fry Street Fair. Bringing the Fair back to Fry Street would benefit the local businesses and local i charities. All proceeds from booth sales benefited local charities. The Lodge had made extensive preparations for a successful and trouble free Fair. I Paul Card indicated that he was available to answer any questions. i Council Member Brock indicated that the preliminary plans showed that one band would be playing in the back yard of the Delta Lodge. As that yard was not very large, she asked where the audience would be located. ° Card replied that the band playing in that area was not a very well known band and thus there would not be a large audience there. Council Member Miller stated that part of the plan from the Lodge t dealt with crowd control. Was there a contingency plan if the band in the Lodge back yard drew a large crowd. Card replied that he would be contacting Lt. Abbott from the Police Department to help him work on a p)an to control crowds in that area. y y r City of Denton City Council Minutes March 1, 1994 '-3 ~v Page 6 Council Member Brock suggested that the Delta Lodge work on an adopt a spot in that area. Card replied that one resident of area was already working on adopting a spot for that area. Council Member Perry asked about the anticipated size of the crowd. Card replied that the size could vary depending on weather, etc. The capacity last year was under 2500 and there was no problem with that capacity. The area for this year was much larger. for Mayor Castleberry stated that the Delta Lodge ad prepare other adequate police protection, portable restrooms, and preparations. Card replied that two Lodge representatives and o%e police officer would be present to keep the parking lots clear for FEMA and the Church. The following resolution was considered: NO. R94-007 A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN OAK STREET AND HICKORY STREET ON SATURDAY, APRIL 16, 1994; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Miller seconded to approve the resolution. 1 Mayor Pro Tem Smith stated that she had had negative feeling regarding the Fair for several years but was impressed by the good j work which was done last year and would be in favor of this event this year. Council Member Miller stated that the way the Lodge had cooperated and coordinated with the City and police was great. Council had never been opposed to the Fry Street Fair but was opposed to x. unrestraint for an event. Council Member Cott thanked the students for organizing such a 1 musical event. Council Member Perry stated that even t%e concern of the one person in opposition to the event had been considered. i Y f ~ ' SJ y ~yy yi qg,rsr,o City of Denton city council minutes March 1, 1994 ^7 Page 7 7 O ~26 On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye'f. Motion carried unanimously. 4. Public Hearings A. The council held a public hearing and considered adoption of an ordinance amending the detailed plan of Planned Development No. 65, changing the use of Lots 7 and BA from green space to single-family detached. The 16.6 acre site was located south and east of Sam Houston Elementary School, and fronted on Teasley Lane (FM 2181). (The Planning and Zoning commission recommended approval at its February 9, 1994 meeting, 3-1.) Council Member Cott left the meeting with a potential conflict of interest. Frank Robbins, Executive Director for Planning and Development, stated that the two lots on the existing detailed plan were open space and were designed for a private pool or playground. This proposal changed the use to single family detached home sites. The Mayor opened the public hearing. Edmond Bright stated that in September of 1992, the subdivision had been replated from 192 duplexes into 51 single family lots. Two lots were set aside for parking and for a swimming pool and clubhouse. The owners and people living in the development had 1 been polled to determine if they would be in favor of supporting the cost of the pool and clubhouse. No one wanted to support the clubhouse or pool and he asked the Council to change the lots into single family home sites. } No one spoke in opposition. E The Mayor cloned the public hearing. Council Member Brock indicated that the Planning and Zoning minutes t reflected that one member had voted against the proposal and she asked for the reason for that negative vote. Robbins replied that Commissioner Cochran had voted against the proposal for drainage reasons. He expressed concern that if there were drainage problems in area more impervious surface should not be added to the area. He was particularly concerned about one alley behind a lot which was used as a drainage structure. It was felt that the drainage structure would adequately handle the runoff in the area as it was designed in that manner. i . i f 1 y 9W MR, City of Denton city Council Minutes f"111 t^m y March 1, 1994 ~w Page 8 Council Member one individual expressed concern about he drainage problems in he area area had Robbins replied that that individual's point was that there was too much water coming on his property from the south. Much of that water did not come from that subdivision. The following ordinance was considered: NO. 94-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD) NO. 65 BY CHANGING THE USE OF LOTS 7 AND 8A IN THE BENT OAKS SUBDIVISION FROM "GREEN SPACE" TO "SINGLE FAMILY DETACHED", SUCH SUBDIVISION BEING IACATED SOUTH AND EAST OF SAM HOUSTON ELEMENTARY SCHOOL, AND FRONTING ON FM 21811 PROVIDING A SAVINGS CLAUSEO PROVIDING EFECTIVE $ DATEO FOR VIOLATIONS FOR A PENALTY IN THE GMAXIMUM FOR AN AMOUNT THEREOF; AND PROVIDIN Miller motioned, Chew seconded to adopt the ordinance. Council Member Brock stated that people sometimes criticized the city, saying that it said "no" to too many proposed developments. When problems resulted from development it was always considered the City's fault. Sometimes development created problems and the taxpayers had to correct that problem. On roll vote, Brock "aye", Miller "aye", Smith "aye",CheWCarried { Perry "aye", and Mayor Castleberry "aye". otion unanimously. Council Member Cott returned to the meeting. S 5. Consent Agenda Mayor Castleberry indicated Bid 11590 would be pulled from consideration. Brock motioned, Perry seconded to approve the Consent AgendaCwoith the exception of. Bid 01590. On roll vote, ~~BroPceTr"aye", and "aye", Miller "aye", Smith ~~aye , Chew aye , Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 11580 - 12 Cubic Yard Dump Trucks 2. Bid 11584 - Refuse Containers 3. Bid 11585 - Fleet Vehicles 4. Bid 11589 - Precast Manholes i r Y C S ' City of Denton City Council Minutes ag3cd~P10' .0 March 1, 1994 Page 4 ~~CiltJii@iTl qq 6. P.O. 1414918 - Darr Equipment 7. RFSP 11565 - Telephone Switches 8. RFSP 11596 - Computer Room Relocation B. Plats and Replats 1. Preliminary replat of Denton High School West, Lot 1, Block A. The 16.418 acre tract was located on Bryan Street, Crescent Street and Fulton Street. (The Planning and Zoning Commission recommended approval at its meeting of February 9, 1994, 4-0.) C. Tax Refunds 1. The Southland Corporation - $759.26. 2. Clothestime 1490 - $572.17 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid 11580, 5.A.2. - Bid 11584, 5.A.3. - Bid 11585, 5.A.4. - Bid 11589) I The following ordinance was considered: J3 NO. 94-030 1 i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A G CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES, OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. ! Perry motioned, Miller seconded to adopt the ordinance deleting item 5.A.5. Bid 11590 from the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Counca l considered adoption of an ordinance accepting a competitive sealed propo,3al and awarding a contract for the ` purchase of materials, equipment, supplies or services. (5.A.7. - RFSP 11565, S.A.S. - RFSP 11596) ( The following ordinance was considered: I R f , 1 t, y1 City of Denton City Council Minutes March 1, 1994 Page 10 0V NO. 94-031 I AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES, OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.6 - P.O. 041491R) The following ordinance was considered: NO. 94-032 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. on roll E vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried 1 unanimously. D. The Council considered adoption of an ordinance authorizing the City Attorney to approve the proposed judgement in City Qf Denton v. John W. Porter and wife. Margaret G. Porter relating to the extension of the runway at the Denton Municipal Airport. City Attorney Debra Drayovitch recommended adoption of the ordinance in accordance with prior memoranda and discussion with Council. r. The following ordinance was considered: 6 City of Denton city council Minutes r.• ~~.f~s_ 40 `~'J' March It 1994 //Of 2c) Page 11 N0. 94-033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZIr?G THE Y OF CITY ATTORNEY TO APPROVE THE PROPOSED JUDGES ENIG CIpTORTER DENTON VS. JOHN W. PORTER AND WIFE, MARGARET RELATING TO THE AUTHORIZINGFTHE THE RAY AT EXPENDITURE OFTFUNDS, AND MUNICIPAL AIRPORT; PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seco' ded t adopt "aye"the 8'ayeo,~ Croll hew Vte, Cot-to $aye",BPerry Gaye", and Mayor Castleberry "aye". Motion carried unanimously. ordinance E. The council considered adoption of an designating and establishing speed z rovidingWfor sa penalty of a es on Hinkle Street to Bonnie Brae Street; p rov fo a penalty of fine not exceeding two hundred dollars, p Commission clause; and repealing any other ordinance in conflict herewith. (The Parks and Recreation Board and the Traffic Safety recommended apprecre Rick Svehla, Deputy City Manager, stated that the Traffic Safety larks Commission a the F approve of the ordinance.an This was the section a of Windsor recommendedin 0 mph due to North Lakes Park which was currently signed pedestrian activities and organized activities on2thefield near the new fields in ;the Windsor. With the improvements completion Windsor walk and with the pending g Anted necessary, ThefNorthe thpLakes tHomeowners Association had requ ster northern area the change. Council Member Brock asked how a child playing in the park on the south side of Windsor would get across the street to the north side { of the park. this would a area with was be parkta Svehla replied haindicatingr that walks cautionary signs ians any pedestrian should be was designe for sight distances and ordinance was considered: The following i r` r C City of Denton City Council Minutes March 1, 1994, Q(/_ Page 12 NO. 94-034 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON WINDSOR DRIVE FROM HINKLE STREET TO BONNIE BRAE STREET; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00) ; PROVIDING A SEVERABILITY CLAUSE; REPEALING ANY OTHER ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Baker-Shiflett/EMCON, Inc. relating to professional engineering services for soil testing and boring services for the Denton landfill. Howard Martin, Director of Environmental operations, stated that the city was currently proceeding with the permitting and design of a new landfill site. As part of the process, the City had to complete a geotechnical investigation of the site. The Utility staff had recommended approval of a contract between Baker- Shiflett/EMCON, Inc. to provide those geotechnical services. The following ordinance was considered: NO. 94-035 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR SOIL TESTING AND BORING SERVICES FOR THE DENTON LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance approving Amendment No. 1 to an agreement for professional engineering services between the City of Denton and HDR Engineering, Inc. for the sanitary landfill development. 'f ~k 1. j t City of Denton City Council Minutes March 1, 1994 Q Page 13 13 04?0 Howard Martin, Director of Environmental Operations, stated that HDR was under contract with the City to provide the engineering services for the design and permitting of the landfill site. As part of the regulatory requirements, three borings into the soil were required. Those borings had a risk of contamination and HDR had no part in the regulatory requirement or actual boring and were requesting an amendment to the contract to reflect no liability on their part as associated with the boring. The following ordinance was considered: NO. 94-036 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR THE SANITARY LANDFILL DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", chow "aye", Perry "aye", and Mayor Castleberry $'aye". Motion carried unanimously. H. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton, Texas on May 7, 1994, and if a runoff election is required, on June 4, 1994, for the purpose of electing Council Members to the City Council of the City of Denton, Texas, to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton; designating voting F places; appointing election officials; providing for early voting; providing for bilingual notice of the election; and ordering that the punch card electronic voting system be used. Lloyd Harrell, City Manager, stated that this was the standard election ordinance which the Council had considered for past elections. The following ordinance was considered: NO. 94-037 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF y DENTON, TEXAS, ON MAY 7, 1994, AND IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 40 1994, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING i.' EARLY VOTING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE 4i I p City of Denton City Council Minutes March 1, 1994 Page 14 ~Q d ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye'f, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution postponing the regular Council meeting of March 15, 1994 to March 22, 1994; and providing for an effective date. City Manager Harrell stated that several members of the Council i would be out of the city on March 15th thus necessitating the change of the Council's formal meeting from March 15th to March 22nd. f The following resolution was considered: NO. R94-008 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF MARCH 150 1994 TO MARCH 22, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry Itaye", and Mayor Castleberry "aye". Motion carried unanimously. 86 The Council considered approval of a resolution appointing a member to the Board of Directors of the Denton Retirement and Nursing Center Finance Authority. City Manager Harrell stated that the next two items on the agenda would be appointing Kathy DuBose, Acting Executive Director for J Finance, to membership on the designated boards replacing John 1 McGrane. st The following resolution was considered: 9 NO. R94-009 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE. I s r w x c' City of Denton City council minutes March 11 1994--- , Page 15 IS al Lf! Cott motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye'r, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution appointing a member to the Board of Directors of the Industrial Development Authority Board. The following resolution was considered: NO. R94-010 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution regarding support of the Denton Public Library's position on County funding. Eva Poole, Director for Library Services, stated that the City was again in a dilemma of how much money, if any, the City would receive from the County. She was also faced with the problem of providing library service to anyone who entered the library but realizing that the City could not continue financially to do so. For a total of 25 of the past 26 Years, the Denton Public Library had served the County on a contractual basis. While the level of funding had never allowed the city to recover tho cost of providing library services to out-of-city library users, the City had continued to do so with very limited resources. For the past two years, the City had pleaded for more money but to no avail from the County Commissioners, the Citizens Budget Advisory Committee and the Denton County Library Advisory Board. The County Commissioners had continually side stepped the issue of equitable funding for all Denton County libraries. Last year when the Commissioners were again pressed to allocate County funds equally among all Denton County libraries, they formed the Citizens Budget Advisory Committee to direct the issue of County funding. They discussed mandated and non-mandated services as well. The Citizens Budget Advisory Committee then charged the Denton County Library Advisory Board to determine an equitable funding formula for all Denton County libraries. All three entities continually failed to recommend a funding formula which paid for actual library service f Y.'. z a. City of Denton City Council Minutes March 1, 1994 d 6f, o Page 16 given to out-of-city users. They failed to compensate the Denton Public Library for the comprehensive services provided including the now 14,251 registered borrowers who lived outside the City of Denton who were able to check out 23%, this year, of all the materials from the library. They failed to recognize the number of operating hours, the professional librarians on staff or the L-otal number of materials which the library owned. They contirmally recommended funding formulas that provided 9.9% of Denton's operating budget while serving 233 of out-of-city users. It cost the library $1.85 pee transaction to serve out-of-city users when receiving only $1.17 from the County. The net result of this inequity was that city of Denton taxpayers were subsidizing County residents. The fact that surrounding cities received up to 89% of their operating budget further illustrated the unfair burden on Denton taxpayers who would also be asked to absorb additional operating and maintenance costs for the new branch library. The Denton Public Library could not continue to serve out-of-city library users and deliver quality service without additional funding from the County. She was very frustrated with the process regarding adequate funding and needed council support with the issue. Council Member Miller stated that it was not a question of not serving county residents as the City had to serve those individuals. In the past, the city had continued to serve those out-of-city residents but also kept trying to get more funding from the County. Council Member Perry stated with the new automation system the City was planning to install in the library, the City would be able to r offer a quality of service far above other area cities. The City was eager to provide the same quality of service to all but it was fair and reasonable to ask the County to support that cost. City Manager Harrell stated that this year when the task was given back to the Denton County Library Association to develop a new formula for consideration by the Budget Advisory Committee and the County Commissioners, the suggestion was one which would worsen the City's position. The Denton County Library Association was made up of the library directors from all of the libraries in Denton County with each library having the same vote. By definition it was dominated by the smaller libraries in the County. Every library was currently provided with a $7500 grant plus a per capita allocation. The recommendation was that the grant be dropped for the three large libraries of Carrollton, Lewisville, and Denton but be retained by the small libraries and then apply the per capita allocation. The City was frustrated in trying to communicate to the Citizens Advisory Board that there was a major difference e 4J v f City of Denton City Council Minutes March 1, 1994 ^ 7V Page 17 1701.24 between a library in Menton, Lewisville or Carrollton and the type of services provided than a library in Krum or Pilot Point as they did not provide the comprehensive array of functions as the larger libraries did. Mayor Castleberry stated that it was important to emphasize that the citizens of Denton could not always subsidize out-of-city residents. The following resolution was considered: NO. R94-011 i A RESOLUTION REGARDING THE SUPPORT OF THE DENTON PUBLIC LIBRARY'S POSITION ON COUNTY FUNDING; AND PROVIDING FOR AN { EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. Council Member Miler suggested that the Denton citizens put pressure on the Commissioners Court regarding this issue. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chaw "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. S. The Council considered nominations and or appointments to the Plumbing and Mechanical Coie Board, the Keep Denton Beautiful Board and the Downtown Advisory Board. Mayor Castleberry indicated that Council Member Perry had nominated Geneva Berg to the Downtown Advisory Board at the previous meeting. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry stated that the other board vacancies were not ready for nomination. 9. Vision Update Council Member Brock stated that April 10 was scheduled for the open house for the Vision Room. The first meetings of the impact groups were scheduled for the next few days. There had been some discussion regarding the use of the Vision logo regarding copyrighting issues. Volunteers for the Vision Room would be provided by RSVP and the Benefit League. It was hoped that at the April meeting a plan would ready for volunteer staffing of that Y C t "n 1 "J h I city of Denton city council minutes V--7W r2o March 1, 1994 is Page 18 . Dr. Bulls present ed a list of a number of staff b room The would be providing secretarial support for the impact groups. to de. ent variousaprojects.P The pr ject mhad United Way o Texas Room andinstruments for the Visi received much donated materials and services for the vision Room. lo. Miscellaneous matters from the city Manager. A. Update on the Teasley Lane construction project. Rick Svehl%I Deputy City Manager, stated that last Thursday the Highway Department had awarded the bid for Teasley a the area meetings were planned to brief individuals living in regarding the construction project. one meeting would focus more s who on groups to determine hdiv owithey would bedaffmain ected entrances/exits on Teasley Mayor Pro Tom Smith asked for an estimated time frame for the project. svehla replied that the project would take approximately 2 years. The t longest p onion I3B a construction would be the construction 0 B. Harrell stated that the reconstruction of the Denton by May oft was that the first moving phase move would be schedule and Municipal anticipated this { year. { C. Catherine bTin HashingtonrD.C~. with ICMA,' would be leaving the City for a jo There was no official action taken on Executive session items 11.cussed during the Work Session Executive Session. dis 12. New Business council ' The following items of New Business were suggested by ' Members for future agendas: A. Council Member Brock asked that the policy of solicitation on city streets be placed on a work session agenda for j reconsideration. ! lace that item on a future r Mayor Castleberry stated in order to p E agenda as the Counothe voted on this it would be necessary to bring Y t ~'il'A~IJ • ooY City of Denton City Council Minutes -06 3n March 1, 1994 Page 19 Council Member Miller stated that Council Member Brock was not asking for a revote on the issue but merely to place it as a study session item. At that time, take a vote to determine whether or not to continue to pursue the matter. City Attorney Drayovitch stated that the effect of the 3-3 vote was denial of the issue. Ttsrefore, the Council voted against that. In the past, council had reconsidered item;3 which had failed without a vote. Reconsideration was not applicable as it only applied to the next meeting after issue. There was no formal rule about what it took to put an item on an agenda. She had suggested a vote as then there would be no question regarding the issue. Brock motioned, Cott seconded to place the item on a work session for discussion. Council Member Perry stated that the intent of the 3-3 vote was to deny consideration of the issue and the Council should stay within those rules. Mayor Castleberry asked if Council would like to hold the item until the City Attorney had a chance to research the issue. On roll vote of Council Member Brock's motion, Brock "aye", Cott, "aye", Miller "aye", smith "nay", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 4-3 vote. B. Council Member Miller suggested another study session item regarding the speed bumps policy relative to requests from other parts of the City and at what point would the city do the tests in other areas. 13. The Council convened into the Executive Session to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 j 1. Considered action in Iwuchukwu v. City. 2. Considered action in the matter of the application of Bolivar Water Supply Corporation for an amendment to CCN No. 11257; Docket Nos. 9824-C and 9447-C of the Public Utilities Commission. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussion regarding property acquisition on Foster Road and Mayhill Road. 1 y' 1 j ti ~p,„r r i~ f J„ . City of Denton City Council Minutes March 1, 1994 Page 20 j C. Pers^nnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 No official action was taken during this Executive Session. With no further business, the meeting was adjourned. _ i ! BOB CASTLEBERRY, MAYOR CITY OF DENTON$ TEXAS i i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOIA6 }1, 1 f . v 19 1d. Mkl; /p =CITY - ~COUNC 1- i • A0 r taw - CV. t AgeadaNa 9~•cr~,_. Ag3adallem DATE: March 22, 1994 Me~3 1.2 ,0POR i a TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: FINAL PLAT OF TATS 18 - 27, BLOCK AO TATS 41 - 460 BLOCK 36 OF THE SOUTHRIDGE OAKS SUBDIVISION: AND FINAL REPLAT OF TATS 28 AND 29 (into loots 28A and 29A)f OF THE SOUTHRIDGE EAST SUBDIVISION, PHASE I. RECOMMENDATION: The Planning and Zoning commission recommends approval. SUMMARY* The 10.235 acre site is located immediately west of Lillian Miller Parkway at Southridge Drive. It is currently vacant, except for existing homes on the front halves of lots 28 and 29. Development of 16 new homes is proposed. Public improvements include approximately 2,350 ft. of con- crete sidewalk, approximately 1,940 ft. of 8" water line, and approximately 2,010 ft. of 8" sewer line. Four fire hydrants { 4 will be spaced no more than 600 ft. apart. Two additional median openings are proposed within the existing Lillian Miller Pkwy. median. Electric service will be underground via lines contai:ed generally within a 28 ft. wide easement. A 20 ft. wide private access drive is also proposed to be within this l easement. In lieu of altering the natural floodplain, the applicant is dedicating a drainage easement within Lot 46. While minimal cleaning will be allowod here, natural drainage cannot be altered by a fence or other structure. s ' BACKGROUND: The land is currently zoned Planned Development (PD-87), allowing single-family detached homes, with a small portion of SF-10 zoning. The City Council approved a PD Detailed Plan and zoning of lots 28 and 29 to SF10 within this subdivision on December 21, 1993. a Fc I ~ A~r,•nLzl~em~ ~8 2af6 The applicant has declined to voluntarily ontribute land or funds in accordance with the park dedication o. Services and facilities, including water, gas, sanitary sewer, telephone, electrical, and srlid waste, are available or planned for. s The plat and replat conform to the minimum requirements of the subdivision and Land Development Regulations; Chapter 34 of the code of Ordinances. pgp}~RTMENTS OR GROUPS AFFECTED: None at this time. j gr~MT. IMPACTS ` I g None. i`` amrsettMEN S7 1 • location map. . final plat and replat. • P&Z minutes. L pect lly submitted, Llo d V. Harrell, City M ager Prepared by3 0. Owen Yost, S Urban Planner Approved by: i, SP L an H. Robbins, MCP r 4i Executive Director of Planning and Development i i, hXX0054c j n.' 1 44 q J~n1 1 • ~ - Southridge Oaks ATTACHMENT 1 3Q NORTH ut - 5001 OAKS oy i ~ P6 1 / 4 ~ DOMCAAt P• ~ a t i bus o~ SITE i ec ~ ~ r. w g ~OYf ! ~ li r/ <~T• ~ Mt 0 / AAllf Ai0~ , L ~ o, , K t' ~ w r , x ,t q,~., Southridge Oaks ATTACHMENT z yed NORTH et u wr ~rw I ` r O►.f t~ I I b ' ~ 00 M4 ~ 1Q{1 hh n Y 60 r r ~rt~ ~ i ufyrooo / ~ r wrJ ~ 1 Date: 3/8/94 Scale: None M ATTACHMENT 3 Cr~'a' L % {i ~ ail .✓J~~'"' Planning and Zoning Commission J aF February 9, 1994 Minutes i Page 8 In opposition: None The public hearing was closed. Mr. Norton made the motion to recommend approval with the } conditions as recommended by staff. Ms. Russell seconded and ( the motion carried (4-0). j VII. Consideration of the final plat of Lots 18-27, Block As Lots i 41-46, Block 36 of the Southridge Oaks subdivision and the final replat of Lots 28 and 29 into Lots 28A and 29A of the r Southridge East Subdivision, Phase 1. The 10.235 acre site is located on the west side of Lillian Miller Parkway at Southridge Drive. l Staff Report: given by Owen Yost I Mr. Yost reported that the 10.235 acre site is located immediately west of Lillian Miller Parkway at Southridge Drive. It is currently vacant, except for existing homes on the front halves of lots 28 and 29. Development of 16 new homes is proposed. Public improvements will include approximately 2,350 feet of sidewalk, approximately 1,940 feet of 8" water line, and approximately 2,010 feet of 8" sewer line. Four fire hydrants must be spaced no more than 600 feet apart. Two additional median openings are proposed within the existing Lillian Miller Parkway median. The land is currently 4 zoned PD-871 allowing for single-family detached homes, with a small portion of SF-10 zoning. The City Council recently approved a Detailed Plan for much of the site. i The applicant declined to voluncarily contribute land or funds in accordance with the park dedication ordinance. All services are available. The plat and replat will conform to the minimum requirements < of the Subdivision and Land Development Regulationsi chapter 34 of the Code of Ordinance, (when the three conditions are met) i r The Letter of Map Revision must be approved by FEMA, all engineering drawings for public improvements must be approved, and the Plat document must be approved by the City. k,. Recommendation: Staff recommended conditional approval of the final plat of Lots 18-27, Block Ai Lots 41-46, Block 36 of the Southridge Oaks Subdivision and the final replat of tats 28 and 29 into Lots 28A and 29A of the Southridge East ; Y` A 'a I i ~ Planning and Zoning Commission February 90 1994 Minutes Page 9 Subdivision, Phase 1. ' Mr. Cochran made the motion to approve the final plat of Lots 18-27, Block At Lots 41-46, Block 36 of the Southridge Oaks Subdivision and the final replat of Lots 28 and 29 into Lots 28A and 29A of the Southridge East Subdivision, Phase 1, with the three conditions. Mr. Norton seconded tnd the motion f carried (4-0). { VIII. Consideration of the preliminary plat of Denton High School- West Lot 1, Block A. The 16.284 acre site is located on Bryan { Street, Crescent Street, and Fulton Street. i Staff Report: given by Debra Goodwin. Ms. Goodwin explained the request was for a preliminary plat of 16.284 acres located on Bryan Street, Crescent Street, and F Fulton Street. Current zoning is SF-7. There is to be a sidewalk installed along Bryan Street and the installation of five new fire hydrants. No street improvements will be required. Several easements will be abandoned with the replat. Some of the easements will be abandoned with the plat, others are to be abandoned by separate document. There t was a variance request presented to the Traffic Safety Commission. The variance had to do with the proposed geometry of the parent drop off on Fulton Street. The Traffic Safety Commission recommended the layout be changed from what was included in the back-up to a drop off area only. There will be no parking spaces allowed. The plat will have to be # revised before being submitted to the City Council. Recommendation: The Development Review Committee recommended approval with the changes recommended by the Traffic Safety Committee. Mr. Norton made the motion to approve preliminary plat of Denton High School-West Lot 1, Block A. The 16.284 acre site is located on Bryan Street, Crescent Street, and Fulton Street. Mr. Cochran seconded and the motion carried (4-0). IX. Easement abandonment Denton West High School. Staff Report: given by David Salmon. Mr. Salmon explained that the easements to be abandoned were originally by separate document, so they had to be abandoned by separate document. The easement on the right- side of the plat was a utility easement with a sanitary sewer line that was removed years ago. The high school was built on top of }.I I rr i -CITY COUNC -r-- LiAll -J Cc ` I I 4r t•:~: s Agenda'Ieo2 -se-s5 C.- Date 22, 1994 Date 3-2-2.9 CI'~Y COUNCIL REPORT /O T6 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: FINAL REPLAT, DENTON HIGH SCHOOL WEST, L)T 11 BLACK A RECOMMENDATION: s The Planning and Zoning Commission recommended approval, 6-0, at their March 9, 1994 meeting. This is a request for consideration of a final replat } consisting of 16.418 acres located on Bryan Street, Crescent Street and Fulton Street. The property is zoned SF-7. City services and facilities, including water, sanitary sewer, electrical, and solid waste, are available. Public improvements include installation of a sidewalk along Bryan Street anti installation of five new fire hydrants. No street improvements will be required. p There are several easements that will be abandoned with the re lattin of this p g property. Those easements established by plat will be abandoned via this plat. Those easements 1 established by separate document will be abandoned by separate document. There are existing water lines on Crescent Street (611) Fulton Street (1211) and in the alley to the south (6"). There is an existing 811 sewer line on-site, a 6" line in the alley to the south, a 15" line on Crescent Street and to 18" on Fulton Street. i Fire hydrants exist at the corner of Bryan/Crescent and Crescent/Fulton. Five new hydrants will be installed at the developer's expense at various locations around the site. The proposed parent drop off on Fulton Street gas presen~ed to the Traffic Safety commission for a variance as the distance between the two drives was only 235 feet whereas the ordinance requires 300 feet. The TSC approved the variance with the a stipulation that the parking originally proposed within the circular driveway be removed and the drive contain two lanes of traffic. ,i r~tt I 1 ly r3 4 r i ~ p rY I so-^. No. 9L tjj9]p i. r, r v r The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations! Chapter 34 of the Code of Ordinances with the variance granted by the q Traffic Safety Commission. BACEIR-OUND: The school has acquired several parcels of property through the years. As substantial construct particular ion is proposed on this facility it is necessary to plat: the properties as ~ one parcel. The Planning and Zoning Commission recommended a preliminary replat at its February 9, 1994 meetings and the city Council approved the preliminary replat at its March 1, 1994 meeting, As this replat consists of ro residential, the Planning and Zoning Zcommissionlemakesila recommendation to the City Council and the Council holds a fully noticed public hearing. The City Council is the final i approval body on this type of replat. The Planning and Zoning commission reviewed the final replat at its March 9, 1994 meeting and unanimously recommended approval. PROG Lh [$_DEpARTMENTS OR GRO iP¢ nFr~nTOn. Engineering Department Bu',lding inspections Planning and Development Department FISCAL IMPACT; N/A j J I' ;Y 'f Y• 3 •IAr k! \ d , •r ~ ll~t r rpp r 5'. r.w:A y I v,daNo u' s.C. / y ATTACHMENTSi 1. Location map 2. Final Replat 3. Minutes - Planning and Zoning Commission - February 9, I 1994 i Respec lly submitted: I oy V. Harrell City Manager Prepared by: j Debra Goodwin Urban Planner Ap roved: Frank H. Robbi AICP Executive Dire or Planning and Development I I j 1 ~ I s s x' I 6~J I k: e t 1 t rA: rJr~ a. M -x I a NLM1 i. n 1. ,ytetr;Aof v r., , i ~ ~ J : ~ t1j M1fr 'y1: Y 1 1 w :y h n I ATTACHMENT 1 Cep f Denton High West NORTH ate its d 116 O L p Qo ` wo _ J v Aoill ~ \ ~ U\ CGN tlt ' CL f d r i \ , 041= DDD . -J w G:.JC7 ~ .iK a ~ Uxatlon Map 1 1Af¢b1 I 1 l~or No ~u' ~ ~ C, ATTACHMENT 2 Denton High West sow NORTH I I a•aRl r,.r a m e... i ~It'If I Id.Nltw r .Ij ! ~ I ~ t WAIN It ray! t 117n M111 I I • r TG. I •Of R .1 AWN, I I • I Rom j y Wi&• P III 11.1N ti. all •fs••• MYr. f{•f I VV I f•I•r. f111 I II I I I IL r I ~~11a.. 1 I YY • ~ 0601.8 1 ~ 1 I I,' r. ~ I I f il{ i Ibw R(+ 1 , r. e? bq ,r Final Replat Y~rw•,r.,w . - } 3 a R I i y~e~.yy ATTACHMENT 3 Ms. Russell seconded and the motion carried unanimously (6- IV. Consider approval of the final replat of Denton High School West, Lot 1, Block A. This property is located on Bryan Street, Crescent Street and Fulton Street. STAFF REPORT: Given by Debra Goodwin. RECOMMENDATION: Staff recommended approval. Ms. Goodwin reported the request was for the final replat of 1 Denton High School West located at Bryan Street, Crescent an ~ d Fulton. The property is zoned Y SF-7, therefore it will be presented to the City Council in a public hearing. The School district has acquired several different pieces of property throughout the years. They will be doing some f major renovations and additions to the school. They would d have to build over some property lines with those additions, so they are replatting the property. t Mr. Cochran moved to recommend approval of the final replat of Denton High School West, Lot 1, Block A. Ms. Russell seconded and the motion carried k unanimously (6- 0). V. Consider approval of the final plat of Lots 1 through Block A, Deerwood Addition (Phase 1). re site The 9.945 ac is located north of Kings Row, re site east of Loop 288 and wrest of Deerwood Parkway. { ' STAFF REPORT: J given by Owen Yost. Mr. Yost reported that the site of Kings Row, east of Loop 288 and west SofcDeerwoodtParkway. F The land is vacant, and is proposed for 30 homesites. RECOMMENDATION: The Development Review committee recommended approval, with the condition that no building permit can be issued for Lot 1, Block A. until the right- of-way abandonment is approved by the city Council. A note to that affect will have to be placed on the plat. The public improvements will include 2578 feet of concrete sidewalk, 1130 feet of water line, 1630 feet of sewer line, five street lights, six fire hydrants and various drainage improvements. All services are either in place or planned for. The plat will conform to the subdivision regulations of Denton when the right-of-way abandonment is approved. 'R Ms. Russell asked how long it would take to process the right-of-way abandonment. t .4' =CITYSCOUNC r P~ P ~r r M_ ~~rY I ~ s r,~r w ' nrr r h I ~ 4 ~ r r • rrrr~~ C^ 4 V • •r YIi RV 1 \ 1. 1 ~~geadaNo. 2Y- 009 Agendallera DATE: March 22, 1994 Dale s3 ?-Z CITY COUNCIL-REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager Y_ SUBJECT: Z-93-032, Collins and Bernard Streets Rezoning { RECOMMENDATION: The Planning and Zoning Commission recommends approval 6-0. SUMMARY: j The applicant is requesting rezoning of 11.92 acres located ? on the southeast corner of Bernard and Collins Streets from Planned Development Districts 94 and 140 to MF-1 Multi Family Dwelling District-1 Conditioned Zoning. i BACKGROUND: See P&Z Report. " PROGRAMS DEPAR'~ NTS OR GRO tPS APyyt\rpn: xr Planning and Development Building Inspection Engineering FISCAL IMPACT: ~ N/A Respec ully subm tted: Lloyd Narre 1 City Manager Prepared by: Debra Goodwin Urban Planner App;oveds • Frank Robbi AiCP Executive Dire or Planning and Development . ~ Iii .1f... . -pr nr;sed~Mo. RS PLANNING AND ZONING COMMISSION REPORT ' To: Denton City Council ' Case No.: Z-93-032 Meeting Date: March 22, 1994 i GENERAL INFORMATION Applicant: Dale Irwin 701 S. Carroll Boulevard, Suite B Denton, Texas 76201 S Current Owner: Same as above Requested Action: Rezone PD 94 and PD 140 to MF~'ndiloned Family Dwelling District - 1 Zoning Location and Size: 47.494 .4275aacres ((PD194 - 54 units) located on the southeast corner of Bernard and Collins Streets Surrounding Land Use and Zoning: # North - MF-1/Mesquite Ridge Townhouses South - SF-7/Residential and Vacant East - SF-7/Residential and Vacant West - SF-7/Residential Denton Development Plan: I Low Intensity Area SPECIAL INFORMATION Transportation: Perimeter paving will be required on Collins Street. The developer is responsible for a 24 foot half section including curb and gutter to match the other side of the street. Collins will ultimately be 41 feet back to back pav i-ag . . 'Thirty feet of right of way from center line is required on r• L k~r' ;f C F. fy F! /^xn F S 5G (Case 2-93-032) Page Two both Collins and Bernard Streets. Traffic congestion is an issue in this area. As this development will potentially create nearly 1000 traffic trips per day and nearly 100 trips in a peak hour, a traffic impact analysis will be required to determine whether traffic improvements will be needed as a result of this development. Improvements that may be required during platting include restriping Bernard Street and adding a right turn lane at Bernard and Eagle which is less than 1/4 mile to the north of the proposed development. A traffic signal will be constructed later this year at Bernard and r Eagle through the CIP. Planning and Zoning Commission would recommend that a condition be included with the approval of this case to encourage equal usage of both proposed driveways on the 7.494 acre site. The circulation layout shall be designed similar to the attached conceptual circulation plan. i,. Utilities: r e There is an 8 inch water line available on Collins Street and a 6 inch water line available on Bernard street. A 6 inch sewer line is located on Collins Street, which may serve a portion of this project. An 8 inch sewer line is located in a 16 foot utility traversing both properties. This line will serve the majority of the project. Drainage: Drainage is a major issue. A detention area was designed for 1 the 4.4275 acre tract when it was platted in 1985. If I 3 replatted the detention will need to be redesigned according j to current standards. The 7.494 acre tract will be required to install a detention area. if both tracts are developed together, one detention pond should be constructed to serve both tracts. Parks: The voluntary park donation policy applies. The applicant declined to dedicate park land. As such a voluntary fee of one-quarter of It of the estimated construction costs will { be requested, when the builder applies for building permits. No builder has ever paid such a fee. .r F' u #r Y 4 1 ~i (Case Z-93-032) Page Three 4eFI1/ HISTORY PD 94 consisting of 4.4275 acres was approved in February, 1985 for a 54 unit multi family development. This PD qualifies a development plan. t y PD 140 consisting of 7.494 acres was approved as a development plan in April, 1991 for an 88 unit multi family 4 development. Both of these properties were zoned SF-7 prior to approval of the existing PDs. y~y ANALYSIS k _ The applicant is proposing to place a !2gnditioned zoning on these parcels. The conditions as proposed by the applicant j will basically provide for the same regulations as the 1 approved Planned Development Districts without an approved site plan. As such a detail plan will not be submitted for the Commission's and Council's review. Planning and Zoning Commission feels that with the conditions as outlined later in this report, a high degree of site plan control can still be exercised and protect the neighborhood in particular and the City in general. The applicant also desires to reserve the flexibility to develop the property as one 11.91 acre tract or to develop the properties as they are presently subdivided. t This property is located in a low intensity area. in the previous approvals, a disproportionate share criteria was utilized, as the development would violate intensity policy. This development with a density of under 12 units per acre would be the least intense use for this site. Small s. scattered sites of apartments are encouraged in low e V `.ti intensity areas in the Denton Development Plan subject to four limitations as follows: ~rict sje-plan contrg~ The strict site plan control will i= be lost to a degree with this conditioned zoning, however e a adequate conditions have been recommended to afford a high degree of site plan control without having actual site plan review. ~r 'r 1 1 (Case Z-93^032) '--v- - Page Four Multifamily concentrations shall be located at least 1/a mile away from the nearest multifamily concentrations Traffic design ensuring access of multifamily complexe§Q collector or larg@r arterials. - The DDP considers multi- family as densities of 12 or more - this project will not meet that density with just under 12 units per acre and is located on two collector streets. 4 overall density/ intensity standard is not v ola q - There is no increase in the allocation of intensity from that which was disproportionately allocated with the previous PD zoning. Sufficient green space,recreatJgl-o G11 It ss diversity of na urov d - The applicant is proposing to maintain a portion of the property for open space and recreational type uses. r NOTIFICATION 1 Eighty-three notices were sent to property owners within 200 feet of the property in question prior to the Planning and zoning commission. To date six notices have been returned in opposition to the request, one notice was returned undecided about the request and two notices ware returned in favor of the request. Nine notices were returned undeliverable. A second notice was sent informing property owners of the continuance of the hearing. -J I RECOMMENDATION Planning and Zoning Commission recommends approval of case Z-93-032 subject to the following conditions: 1. The maximum allowed number of units on the total 11.92 ' j acres shall be 142. should the two properties remain separate and be developed separately, the maximum allowed number of units on the 7.494 acre tract shall be 88 and the maximum allowed number of units on the 4.4275 acre tract shall be 54. 2. Setbacks shall be as follows: Front, yard (Collins/Bernard Streets) - 25 fee: Side yard (interior) - 10 feet y v t s 77_ S (Case Z-93-032) ""3 0.- Page Five Cu Side yard (adjacent to single family residential fronting Bernard) - 15 felt Rear yard - lo' except that on the 7.494 acre tract a minimum of 120' shall be maintained along the east property line for drainage purposes. The easternmost 60' of this setback may be utilized for passive recreational uses to include but not limited to jogging trails, picnic facilities and similar non-active recreational facilities. The ! remaining 601 of the setback may be utilized for passive or active recreational uses. Active recreational uses include, but are not limited to, volleyball, tennis, hand ball, and swimming pool facilities. 3. The requirements of the landscaping, screening and tree preservation shall be met. The existing trees and vegetation in the required 1201 setback along the east property shall be maintained as buffering. Solid landscape screening of at 4 least 6 in height shall be provided to the existing SF-7 lots on Bernard Street. A tree inventory shall be provided prior to submittal for a building permit to determine the location of protected trees, e 4, No parking spaces shall be allowed adjacent- to Bernard Street. No head in parking spaces shall be allowed adjacent ` to Collins street. I 5. The maximum height of any proposed building shall not exceed 2 1/2 stories, however any buildings fronting on Bernard Street may not exceed 1 1/2 stories in height. ~J 6. A minimum 203 of the site shall remain in open space and/or recreational uses. 7. The interior circulation on the 7.494 acr.) site shall be designed to encourage equal usage of both proposed i driveways. The circulation layout shall be designed similar to the attached conceptual circulation plan. 8. Should the two properties be developed separately, a j % reciprocal access easement shall be granted allowing access from the 4.4275 acre tract across the 7,494 acre tract. .r , r { ~ - - y s 4} I`yf 9L/~~ R ^do ~L 3 V__. AM (Case 2-93-032).-- Page Six ALTERNATIVES E` 1. Approve petition 2. Approval petition with additional conditions 3. Deny petition 4. Postpone action a ATTACIIKENTS 1. Location Map } 2. Application and Attachments 3. PAD 140 Approved Plan { 4. Pb 94 Approved Plan 5. Map Indicating Conceptual Interior Circulation 6 1 fY l r I` E: I ~ T(A~ l ! i A. v` U t ATTACHREN'f 1 y ' -3 2~_~ NORTH Collins & Bernard a I~L~t~ JULJU l kkm--AIt UU r Lill G 0 Oa O OD Oil JL_ DU r r l ,-~L_ J~L - ~ONr L~I dGr3 i`r Ell CJ I_ clim Irv ~ LA 0~ OC=~I 00 aoEAM a~ mom~L-J tom D~ rrkk vast tI L Alt GAL VIS~► Q 8 rod '\J SITE J LW "t 38 f. I l F' C LI If l 00mX"Y 1 pip. O ^ Location Map Vi Date: 188194 Scale: None R ff ATTACHMENT 2' CITY OF DENTOM sOMIM4 APPLICATION `ddress and/or location of request avnar Q Legal description lot 'f 46d / Ix e 5.. r ' A Existing soningt Io jJA0L'+W6AE . Requested soningi Appiiosntes,Name Oni;s A J I pplicant ~.1ye^ Telephoned - ;y status o_f; Address , LR!/G~ 8/vim Seyk City/state/lip eti~► d~ Signature of Applicant Date Ovnerls Name J)A le Te. >;n Address "961 S. I itnsLt ~d few City/State/zip Z V S I certify thft I an the owner of the propetty desorlbed in this petition I and that -?w`$A is authorised to file thin application on my b elf. signature of Omer Date 3 The following must be submitted along with the completed petition before processing and scheduling: • Legal Description of the subject site. Two (2) copies of field note desctiption typed and attached on a n~ separate sheet (plain bond paper - no letterhead). s OR the subdivision name with lot and block number. • Man• A location map clearly showing the site in relation to adjacent streets and distance to nearest thoroughfare or street. J'. • E ling Fee. $800.00 for requested change of property less than 5 acres or $1,100.00 for S acres or more. Please check In with planning Secretary. V Has a pre-design conference application been submitted? Yes ZNo uaoooECiu ins rs R y January 18, 1994 y Reference: The 7.494 acre tract located at the southwest corner of Bernard and Collins Streets, known here as Tract A. 1. Maximum height not tc a::ceed two stories; however, all units fronting Bernard shall not exceed 1 and 1/2 stories in height. 2. The style of the units facing Bernard Street shall be modern, non-traditional, and brick veneer. 3. Maximum dwelling units shall not exceed 88 units. 4. SETBACKS Front yard: 25 feet Side yard: 10 feet; 80 feet adjacent to the single family dwellings fronting Bernard Street Rear yard: 10 feet; there is a 120 foot setback for natural drainage approved for open space for passive recreational purposes. 5. PARKING No parking shall directly face Bernard or Collins Streets. Parking may abut Collins Street. t 6. Passive recreational uses may include, but not be limited to, jogging trails, picnic facilities, and similar non-active recreational facilities. J 7. Trees and existing vegetation in the 120 foot wide open space area along the eastern boundary shall be maintained as I buffering. ( 61 evergreen shrubbery shall be planted adjacent to the existing SF-7 lots in the southwest corner for screening) 1 rr~r ±1. •fin,. ~w rf~ 1~1 r, its v 3 eS r: Z E` r r tl A .~1. I r~ y P Arut i1 .nTT ~ LJi:1l' k 3 _ January 18, 1994 O' References 1213 Bernard which is known as Lot 1, Block 1, The Sun Country Addition, being a 4.4275 tract of land known here as Tract B. 1. The Maximum height is not to exceed two stories; however, all units fronting Bernard shall not exceed 1 and 1/2 stories in height. 2. The maximum number of dwelling units shall not exceed 54 units. 3. SETBACKS Front yards 25 feet Side yard: 10 feet Rear yard: 10 feet t t, Y ~ YA A. C I b ,GY 5 Aft' r Vrdr .1 ~ C~ " t ~ Y ~x - ATTACHMENT 3 3 32 4 .2~u CollinsfBernard NORTH o~ r f ftid A-R D_, .._t 9-T! R-E E-T on, t' . I 176. x[ 1 !t P nl Y .;norf ~qru riy - h e r~ ~ s- ~r J _....----~-'_.'_-_il.---r'. -ice. ~ i• j-~' r ei r Cs ~ . 4 , f }'n rz- N 1 I _ ' T _ a ~lS I I arrK rl .r r I ~ I it r 1 Kr e.,,. ! 4 1~ Z I ~1 X _ ,+Yr+.rle~:'~crlrl ~ r.~f~ CI 1 I - 1 YIr.N'<,~rrll. -ly~`I original Development Plan n?; Date: W/94 Scale: None Y, Y A e 4 00 k "Y I Collins/Bernard TABLE OF PERMITTED USES YMIAAM7/ lfli HIAM a1 1«111 ME MIA apt AultspT v1t0 A IH4 N lANO M a A lNIL01M Oa POH 1011 1KALY M10wAlL1 IKIOENTK AIO Ai10A01M11 10 1K PA I1[IIAL LIPS d 7ma LLTO OA WHOIy u0 LOCAttO ON tK SAM LOT qIN W01 PaINCI1Al T AS INt. rA10d1 wAN KAY111110 LOU CAIEKAIU IvAK KAMI1111. Esl»'lfl IN4VOt AVT LINE W 1Id 110 70 LMO 7FitlR+I[, 4fAgR AoaL AT [[1 V,. eN fl(AI IONAL Uttt co 7K L40 C.t1 tw wt A 700.• a V%LE10ALL LOJII 1 16«11 COAH, A J0001N1 1&01. AW/OA L =61 XMI19 AN[a. DEVELOPMENT STANDARDS PPOPOSfO US__; Mlllr tr l.lll lr MINIMUM LO1 AREA ENTIRE 101 MINIMUH LOT M19TM_ -ENTIRE LOT - d MINIMUM LOT DEPTH -ENTIRE LOT FRONT VAAD SETBACK 25' MINI" I SIDE YARD SETBACK BO' MINIMUM MHEPE SHONN 10' MINIMUM ELSEKHEPE REAR TARO SETBACK SO' NI NINUH MA%IHUM BUILDING HEIGHT 01~ -IL01 ON-HALF E S~TORI~p 41 oi-cw j TNO S74AIf5 POP ALL RNUI w101411 Bu1LOI MG L01 COVERAGE _ BL MA%j M'JM OPEN SPACE AND PEC._USE _ 23% MINIMUM MAN jMUM OCNSEIT V 11.0 W/AC ee TNO BEDROOM UNITS PARKING PEOVIAEO 154 SPACES MINIMUM` liNDSCAViNG f LAAOlCUINO WILL K coN- PDAMANC[ Pilot HE CUWCNT CITT MESEMiAIOM OaOINANI IKL f SCRE ENI NO ix[t ( (NitTINt VEGETATION Ik` I N 114 120' 11101 to" MCA I 1 LONG THE EASI[AN SOIPOARV LULL K IAIN1At'40 AS W[[AINO. i HIM [K00KEN 119401EAV I l SHALL K PLAXIIO AAMC03 10 THE ' l 1 Er1t1IN0 N•7 LOIS IN 114 lOU1NNEtT COti40. ra SCKENIM. 61 i 1gT(O j III LOOSCAPSN) NILL K IN COMCIMAACI NITM Irma CLA111ENT C110 OF KMON LILOICLK APO 1KC PKSCRrA11ON OADIPANCI, L7i 70 PARALt4 IN FATwT TAPO CA STK11 TAO OF SITE, U1 A WOIAM CAIICNAV. CONSI01SN0 OF A 1I' NICK t4l Al LA41 ANC tW0 t!' NICE till LANES, l! PPOPOKO FOR ACCESS OM10 KANAKJ STALCT. tA1 THE COLLIMS JtKL1 CASYCNAV WALL K AL04 0 N1M 114 IAI1i1IN0 NESOUII( aIOGE OAIT(NAT, Irma KaHAAO S1KIT OPIgVjV MALI K KN"ALLT AS $4um H6KON. III NO ACISrt KCN(A110NAL FACILITIES N1LL K tOCA110 NITNIN K FELT CF THE [.STEAM PW"TT L1ma, N1 FMCI LLOW COWA0. WLIL K KAN11710 WITHIN to O III, . T or THE EASTEAM PROACAIV LINE. j V 111 PASlivt KCPGTIONAC USES MAT IMCLLOL $a NOT K llNll[O TO, J0421M0 IPAILL HIAtma AHO limLtNO TAAILL PICNIC FACttlit(L AIO SIHILAN NOud C11 Vt ACCAfLTidAI /tCSLl1I[!. i11 OVIVE A[CR111710NAL USES NAV INC"M SUt NOT K "NITt0 10. VOU[7fALL 00M.L 1twil. HAND SALL, tMlw:Ng POOL FACILILU, AMD SLNILAM ACTIVK NECACA110NAL FKILIIIU. 3 Original DevelOPment Standards s`4 Dates 14194 scale. None 4 x;i, .r ~ q Collins/Bernard ATTACHMENT 4 NORTH 4 M toy" $0,2206f 4.9 AR It UMn/M. j Inv OEVEOKA-ALMJOINT VENTUAE 9 I PD 94 Original Site Plan a L k -1 ATTACHMENT 5 .1 Collins/Bernard - - '?9 NORTH i. d~t11 ~ sr,..~nr la : 10, GORka+hTi.U~I. cilecULAcf!pN ,y lppJ q v1 Conceptual Circulation Plan Dale, 7!17/94 Scale: None s # 1 i, I 1 e , l Minutes Planning and Zoning fi' t February 23, 1994 -71 Page 7 In Opposition: None The public hearing closed. Staff recommended approval. Mr. Norton moved to recommend approval with the five conditions as outlined. Ms. Russell seconded and the motion ' It, carried (6-0). Mr. Cochran asked for condition five to be restated. Mr. Engelbrecht explained that the compact parking area, shown on the detailed plan would not be required. The applicant f could make 10t of the regular spaces compact. They could be placed anywhere in the parking lot. This would increase the parking as well. Ms. Russell amended the motion to say the striping be optional at the discretion of the owners. Mr. Norton seconded the amendment and the motion carried (6- 0). Mr. Engelbrecht stated that the striping would be a sixth condition. FV. old a public hearing and consider the rezoning of proxi mately 11.92 acres of land from PD 140 and PD 94 to MF-1) Multifamily Dwelling District-1 ~i,~tionj0 Zoning. hie property is located on the southeast corner of Bernard and Collins Streets. Staff report: given by Debra Goodwin t Ms. Goodwin stated that 83 notices were nailed to property owners within 200 feet of the property. Eight were returned in opposition one notice returned undecided, and two 4?. returned in favor and eight were returned undeliverable. Mr. Goodwin stated that the request was presented on Feb, 9 but the applicant requested a postponement. She stated that the 7.494 acres (pD 110 - 88 Units) and 4.4275 acres (PD 94 - 54 Units) located on the southeast cornlar of Bernard and Minutes 3~2^ Planning and Zoning 1 February 21, 1994 1741 Page 8 Collins Streets. Perimeter paving will be required on Collins Street. Collins Street will be 41 feet of back to back paving. Both Bernard and Collins will have 60 feet of right of way. Traffic congestion is an issue in the area. Traffic improvements will be required on Bernard Street. Inprovements may be required during platting to include restripi.ng Bernard Street and adding a right turn lane at Bernard and Eagle. Staff also recommended a condition be included with the approval of the request to encourage equal usage of both proposed driveways on the 7.494 acre site. utilities are available and adequate to serve the project. Drainage is a major issue. A detention area was designed for the 4.4275 acre tract when it was platted in 1985. If replatted the detention will need to abe redesigned according to current standards. The 7.494 acre tract will be required to install a detention area. If both tracts are developed together, one detention pond should be constructed to serve both tracts. The conditions proposed by the applicant will provide for the same regulations as the approved Planned Development Districts without the approved rite plan. Staff felt that the conditions as outlined will give a high degree of site plan control. The applicant is proposing to maintain a portion of the property for open space and recreational type 1 uses. Recommendation: Staff recommended approval with the following j conditions: 1. Maximum number of units on the total 11.92 acres shall be f 142, if developed reparately, 98 units would be allowed on the 7.494 acre tract and 54 units on the 4.4275 acre tract. 2. setbacks shall be as follows: Front yard (Collins/Bernard) - 25 feet side yard (interior) - 10 feet x' side yard (adjacent to single family area fronting Bernard) - 15 feet Near Yard - 10 feet except that on the 7.494 acre tract will j be 120 feet along the east property line for drainage. The eastern most 60 feet of this setback may be utilized for passive recreational uses. The remaining CO feet of the setback may be used for active recreational uses. All requirements of the landscaping ordinance be met. The w existing trees in the 120 foot setback will remain as buffering. A solid landscape screening of at least 6 feet in s K d 1 s.. .F Minutes Planning and Zoning February 23, 1994 Page 9 height shall be provided prior to submittal for a building permit. 4. No parking spaces allowed adjacent to Bernard. No head in parking spaces allowed adjacent to Collins Street. I 5. Height of buildings shall not exceed 2 1/2 stories. Buildings may not exceed 1 1/2 stories on Bernard Street. b. The building style will be a California contemporary design. 7. 20 percent of the site shall remain in open area I and/recreational uses. 9 S. The interior circulation of the 7.494 acre site shall encourage equal usage of both proposed driveways. i 9. Should the two properties be developed separately, a reciprocal access easement shall be granted allowing access from the 4.4275 acre tract acro3s the 7.494 acre tract. Mr. Cochran said, to his knowledge he could not recall any time an architectural style be mandated P J E Ms. Goodwin said in 1991 there was an issue that the project ii would not have a single family look and they wanted to keep that look. Mr. Cochran said it seemed that there would be some distinction. He said he had a problem with staff suggesting t a style. Ms. Goodwin said it was carried over from the concerns in 1991. Mr. Cochran asked if the traffic congestion of about 1000 trips per day was based on the entire project (142 units). Mr. Salmon said yes it was based on the 142 units. Mr. Cochran asked about the traffic concerns at the corner of Bernard and Eagle. 'r Mr. Salmon said most of the traffic would use that intersection. ti P r Gl t ~ kn~ T S I . 1 1 y 4 Minutes Planning and Zoning February 290 1994 Page 10 Mr. Cochran said he believed a lot of the traffic was foot traffic and the normal way of determining trips might not apply because of the location near the university. He said he also had a problem asking about off site improvements. Mr.. Salmon mentioned that the improvement were mentioned as informational items not requirements of the zoning. F Mr. Cochran asked what adding the right turn lane would cost. Mr. Salmon said thu cost would be about 11 or 12 thousand dollars. E Ms. Russell said she was very familiar with the area. She said i where Bernard intersects Eagle that would be a good spot for a light. + Mr. Salmon said there will be a traffic signal at Collins installed by the state. Dr. Huey asked if there were no conditions dealing with drainage. Ms. Goodwin said the open space will be used for drainage. PETITIONER: Dale Irwin, 701 S. Carroll, Denton, Texas. Mr. Irwin said the project was initiated in December of 1991. If l the conditioned zoning had been available at that time they J would have requested it. The conditioned zoning will allow the property to be developed in phases without having to provide a site plan with every phase. It will allow flexibility, as well as some control. Mr. Irwin said he liked the office building on Carroll, but did not feel that condition 16 should be an issue. He said he felt that he should be able to change design or style and not be tied to the design of the buildings on Carroll. It may have been an issue in the past, but not an issue now. He. requested that condition 16 be withdrawn. He also referred to paragraph '..-i three of the transportation report refers to staffs desire for the developer to provide a right turn land and restripe Bernard Street. The report refers to 1000 additional trips per day generated. Traffic reports show that there are currently 9200 cars on Bernard Street at the intersection in question, and 17,000 cars on Eagle. There are about 700 apartment units on Bernard. Some 1500 units have been built t ` north of Eagle on Bernard and other streets that filter into Bernard. Mr. Irwin said he did not think it was fair for ^1` a y .r } I Minutes o, t_`_L✓- 5~ Planning and Zoning February 21, 1994 -.Z 2. Page 11 staff to require the improvements be made. He again requested staff.-item He said helfelt ,that Denton should note be Ion from the his expense. proved at i Mr. Engelbrecht said that the conditions in item insure some sort of residential character, t6 was to Mr. Irwin said he thought that limiting the building height would serve the same purpose, i Dr. Hrjsy asked about a substitution to read the architectural i style and materials would reflect a residential style, I Ns, Russell said we wanted to assure that the buildings would be pleasing to the eye, In Favor: none In opposition: none The public hearing was closed, fl Mr. Marton recommended approval with the removal of condition !6- Me. Russell seconded and the motion carried (6-0). 1 ------------1--,-------- J 7:00 Joint meeting with the Public Utilities Board I Kathy Dubose, Acting Executive Director of Finance that the joint public hearing was to receive input on the CIP budget. She briefly reviewed the CIP process for the fLte ear program, She explained that staff takes Into con ideration funds, growth, safety, etc. Mickey George, 602 Bernard, Denton, Texas, documents out to the boards. Mr. George said Mr. Geore Highland street was his concern. He explained there were others audience with the same concern. The in the sidewalk in the area. Highland street runso through he lack of Cemetery. Its explained the testimonials in the handout were from concerned citizens in the area that could not attend the hearing, They were all concerned about their tenants or thei y r neighborhood. There Is very little sidewalk in the area and a 9 t Y 4 r j'\WPdoce\ord\lrwln-Lord ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 140 AND PLANNED DEVELOPMENT NO. 94 TO MULTIPLE-FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-1-C) FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dale Irwin has applied for a change in zoning for 7.494 and 4.427 acres of land from Planned Development No. 140 (PD-140) and Planned Development No. 94 (PD-94), respectively, to Multiple-Family - 1 with conditions (MF-1-c) zoning district classification and use designation; and j WHEREAS, on February 230 1994, the Planning and Zoning and Commission recommended approval of the requested change in zoning; WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i, That the zoning district classification and use designation of 11.92 acres of land, 7.494 acres being described in PD-140 (Ordinance No. 91-058) and 4.427 acres being described in PD-94 (Ordinance No. 85-61), respectively, is changed from Planned Development to Multiple-Family - 1 with conditions (MF-1-c) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. I SECTION II. That the district shall be subject to the following conditions pursuant to Division 5 of Article III of Chapter 35 of the Code of Ordinances: 10 The maximum allowed number of units on th9 total 11.92 acres shall be 142. Should the two properties remain separate and be developed separately, the maximum allowed number of units on the 7.494 acre tract shall be 88 and the maximum allowed number of units on the 4.4275 acre tract shall be 54. 2. Setbacks shall be as follows: Front yard (Collins/Bernard Streets) - 25 feet Side yard (interior) - 10 feet Side yard (adjacent to single family residential fronting Bernard) - 15 feet . Rear yard - 10' except that on the 7.494 acre tract a minimum of 120' shall be maintained along the east property line for drainage purposes. The easternmost 60' of this setback may be utilized for passive recreational uses to include but not limited to jogging trails, picnic facilities and similar non- active recreational facilities. The remaining 60' of the setback may be utilized for passive or active recreational uses. Active recreational uses include, but are not limited to, volleyball, tennis, hand ball, and swimming pool facili- ties. 3. The regulations of the Denton Landscape Code relating to landscaping, screening and tree preservation shall be met. The existing trees and vegetation in the required 120' setback along the east property shall be maintained as buffering. Solid landscape screening of at least 6' in height shall bo provided to the existing SF-7 lots on Bernard Street. A tree inventory shall be provided prior to submittal for a building permit to determine the location of protected trees. 4. No parking spaces shall be allowed adjacent to Bernard Street. No head-in parking spaces shall be allowed adjacent to Collins Street. 5. The maximum height of any proposed building shall not i exceed 2 1/2 stories, however any buildings fronting on Bernard x Street may not exceed 1 1/2 stories in height. 6. A minimum 20t of the site shall be used for open space or recreational uses. 7. The interior circulation on the 7.494 acre site shall be designed to encourage equal usage of both proposed driveways. The circulation layout shall be designed similar to the conceptual circulation plan identified as Exhibit "A" and attached hereto and made a part thereof for all purposes. e. Should the two properties be developed separately, a reciprocal access easement shall be granted allowing access from the 4.4275 acre tract across the 7.494 acre tract. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated ? shall constitute a separate and distinct offense. .I. gj SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be PAGE 2 e r i! I -94 4 published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the , date of its passage. PASSED AND APPROVED this the day of 1994. f BOB C MLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SEC'e2ETARY BY: APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCB, CITY AT'T'ORNEY i BY: G~ r= ~J a i i r. i~ µ3aa: t" h ~ q i ~,..PAGE 3 ~ r ,a Y Collins/Bernard EXHILIT n R ~ NORTH ~Z I / i 1 C hTUAL GlleeLll.ATj0W pI.AN Et + Conceptual Circulation Plan Dale: 2/17M Scale: None elpo , r` i JCITY -COUNC E cccob --J a~ at a a ~ r rar r • r r..w ~wrw r• i u~ Rr+rww~"'~" M~M~ I yt( t I r!1 ifYy■6 F Agenda No DATE: March 22, 1994 fk11f. ✓OZ ' / CITY COUNCIL REPORT TO: Mayor and Members of the City Council t FROM: Lloyd V. Harrell, City Manager f SUBJECT: DETAILED PLAN OF CARRIAGE SQUARE SHOPPING CENTER FOR PLANNED DEVELOPMENT ZONING RECOMM&NDA=- See attached. Sur AR t See attached. BACKGROUNQ: Sea attached. PROGRAMS DEPARTMENTS OR GROUPS AFFECT~FD: Current landowners and future tenants. FISCAL IMPACT: None. Wospe ly submitted: 22 Prepared by: arrell, C ity M nager V G. an Yost n Pla er Approved: 4ka b ns AICP H. Ro tive Di actor a` Planning and Development uir9oss~ r. a aT ~genda~da~ 9'~-~a8 _ DATE: March 22, 1994 CITY CQ ACLLREP0 2R TO: Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT: DETAILED PLAN OF CARRIAGE SQUARE SHOPPING CENTER FOR PLANNED DEVELOPMENT ZONING RECOMMEN[JATIDN: See attached. SUMMARY: See attached. BMNROM See attached. pi2QC,~~MS DEPARTMENTS OF GROUPS AFFB(:!ED: Current landowners and future tenants. ISgAL IMPACT: i } None. WRespectf ly subm tted: Prepared by: arrell, City M nager c• ' ~ VVV - G. 0 en Yost n Pla er ~y Approved: Ara H. Rob ns AICP Executive Di ector planning and Development ~ Ax~oasss Y ~I k REPORT ' ZZ. Iy Tot Mayor and members of the City Council CASE NO. Z-94-001 Meeting Date: March 22, 1994 F A GENERAL INFORMATION Applicants Mayse & Associates, Inc. 14450 Quorum Dr. Suite 201 Dallas, TX 75240 (representing Carriage Square Shopping Center) Current OwAer: V Westdale Asset Management 10233 E, Northwest Hwy. Dallas, TX 75238 Requested Actions Change the zoning of 8.278 acres from a General Retail district (GR) to a Planned Development. district and approve a Detailed Plan (Attachment 2). Location and Sizes The 8.278 acre site, commonly known as Carriage Square Shopping Center, is bounded by Eagle Dr., Interstate 35- E, Avenue C and Collier St. Surrounding Land Use and Zoning: North - Eagle Drive, the University of North Texas, in • MF-2 zoning. South - The right-of-way of interstate 35. East - Collier Street, mixed uses, primarily residential, in MF-2, GR and Ns zoning. West - Avenue C, commercial uses in C and NS zoning. i f k3, r ~ f \ Y Case 2-94-001 Page 2 Denton Development ?Ian: Intensity Area No. 117 (moderate) SPECIAL INFORMATION Transportations There will be only a negligible increase in transportation demand. utilities There will be only a negligible increase in utility denand. Drainage: Thera will be no effect on drainage. HISTORY Carriage Square Shopping Center has been in operation since 1966. In that time, it has seen lots of tenants come and go, many serving the adjacent UNT campus. I Now, Pancho's Mexican Buffet proposes to utilize approximately j 11,000 sq. ft. (See Attachment 4.) NOTIFICATION' + Thirty property owners were notified. As of this writing, no written replies have been received. Two phone callers approved of the plan, after it was explained. ANALYSIS The trips in the intensity area are only 504 allocated. Currently, the 8.278 acre site is allocated 5380.7 intensity trips (650 x 8.278). The Planned Development zoning, as F; described by the Detailed Plan and the list of allowed uses, will not change the allocation, since it would still be used for commercial/retail operations. 4 At present, the center does not have sufficient parking, according to Denton"s regulations. But the mixture of tenants does not physically require additional parking spaces. In x' fact, many spaces are not utilized, according to a traffic study (Attachment 5, 4 pages). The applicant, at the Commission's recommendation, may make 104 (or fewer) of the n " t~ 1 l 00 Case Z-94-001 Page 3 1. "On spaces "compact-size spaces" and place them enywhere within the parking lot. In addition, the 11 spaces shown near the rear loading docks, may be paint-striped at the option of the applicant. All other spaces will be striped. Also, the attached traffic study shows that 15% of the traffic is pedestrian, not utilizing parking spaces at all. This is probably due to the center's adjacency to the UNT campus and the tenant mix. This tenant mixture was extended, via the list of allowed uses, which was broken down into three categories as shown on the Detailed Plan. The list categorizes the carrent tenant type and creates a maximum square footage for Bach, acting as a cap on various categories of uses. A condition added by the commission is that the maximum allowable square footage may be exceeded in the restaurant and retail categories only if there is sufficient vacant lease space, calculated at one parking space per 200 sq. ft., equal to or greater than that stipulated for the restaurant or retail categories. In addition, the applicant will cause a reduction in the existing signage, and will upgrade the landscaping and screening significantly, including refurbishing an existing lawn sprinkler system and planting a number of trees. RECOMMENDATION The Commission recommended approval of the requested zoning 1 change, including the list of allowed uses and maximum square footage. The map in your packet is an accurate depiction of i the site. F ; ALTERNATIVES 1. Approve petition as proposed. 2. Approve petition with conditions. 3. Deny petition. 4. Postpone. ATTACHMENTS 1 1. Location map. 2. Detailed Plan. 3. Current replat (1966). 4. Pancho's summary. 5. Traffic study (four pages). y;. ,txxoosK r. s i rl-, 4T ATTACHMENT 1 U NORTH Carriage Square Sew. le~~l JI IcJLJl 1L.-tetaJIJL'~~~JULJI j El, giPT SCRIPT P • ~r~ ry ~_o_,K ofnv ,Y.r.trt r-- SITE =r ~ 7, r I~ Lj EAOLE U I a~~a QL Wolf 101 171 ~ ~Lxol~ FL C1 TA ~xm L 171 r I Location Map Date: 2111194 Scale- None r ATTACHMENT 2 R Carriage Square 6eF/q NORTH iil = l __I i" ~ 1 •~l, ~ o col ; t p,. (l'J1E!i1Ji1W -l!1;lLi-l:Ll~ T: (o' P( IIE 1 1 ~t,j f 1 C_t O I I-A 1_ ~ pI r ~ it f N I t ' i 11~ ~ j t ~ _Lz'• ~ r aia I I o ,b I ,I ; ~ rG't aS ' I nrr f ~ J''9 I! ,~^3 ' ' 1 Hry 1 /r' ' i n Detailed Plan Date: 2111/94 Scale: None b /III Y i • Y~ ATTACH14ENT 3 "arriage Square NORTH Of, . ` F 0. ,!3'11 I 'L.f i'L.i Cj 1•}+~i •~t. •Ll ~•)ti~j" '1 ♦~',','t'i~"~ ,~i~••'~~ 'ti• > c J ; •-r- 0 0-7 36 ~J i i;: O ~ usev rs • 7dIHS1l.M '~t•. ' d to ~ w2~-.fJ~; LIT; ;4t . U1 *4 l Vti ~I V CL ~ Z 01 Ik IN 0.- d A.? p 11 Golden Triangle Subdivision s a Dale: 2117/94 Scale: None J I 01-19-1994 03,34PM FAa. zWDq.E TO 5230800 P,02 ATTACHMENT 4 , 9~~~ 1 z W f ioe Boas. n a got to+• ro,r .o~,,,,rau.► ren„ e,yia~ooiMH UV Li i~K/t.tfJrrviaeMtf January 14, OW i Wes~e AmetsM emeat ReQ Cam'age Square Shopping Ctr, 10233 R Northwest I ay Suite 201 Dallas, 7X 7523E Dear Kimberly: In resppoonse to your letter of January 13, 1494, the following daily 90511"1 are provided for three Pancho'r locaeoas: DAILY AVERAGES FO THE MONTH OF D 1ru~y~ I,13VVI- Svc ~,A~vQ ,~yg~4 Total Chh"h ers 295 8% 718 Lunch Customers 339 33633 M 124 271W Luach Checks 1Diaaer Customers 41S 122 DIaaer Cbeelm ~7 S2 149 Taks but Orden 607 61 27 Manor 37 31 2 33 34 Hours open I Sum ± i A M. • 4 s~0 P,It L Avezch ragge Table T= (Rsttalata} Ltl 3S,rttnutea Peak Houra Dinner 45 minutes 11:30 AM. f 1:30 P.M. 5;30 PR • 8:30 P.M. a As yYou know, we, are eaagger to move forward with Plans for a Par, Budet restaurant in Carnage Square, McACan Sinter r. 8b,yy, Hollis Taylor r TOTAL P.e2 r Ot-19.1994 M134F" FFO. :S DALE M 52NOW P.e2 pool ATTACHMENT 4 9 y. ~~8 .we f.o...e.n a w,.•o,• ro,r .o~,,.,,w.. re+i.ava~eos~ wfrtc,~ r.ne. Mf4HH 1+. January 14, 1444 Kimberly A. Losetl' Re: Caaiagc Square Shopping Ctr. WestdrJo Asset Management IW3 & Northwest rUghway Suite 201 Dallas, TX 752M Dear Kimberly: in response to your letter of January 13, 1994, the following daily statlsties ate I provided for three Pancho's locadoos: QR 7F[P MONi7 t ~t= ~VVISVI?~ ~.A~Q Total Customers 754 8066 718 Total Cb"ks 283 J~uoch ~c~.lgmete 334 12363 4 3~ 122 A Dinner customers 415 Dinner Checks 57 152 149 1 Tako Out Orden 68 Uianot 37 31 33 344 61 J Hours Open 11 AX • 9.00 PAL Average Wile Thin (Bstimata) Summer l1 A.K • 9:30 P.M Lunch 35minutes Ptak Hours Dinner 4S minutes 11 •30 AM • 1:30 PA 5:30 AM • 8;30 P.M. As ou know, we are ea$er to move forward with plans for a Panct:o's Me:ticaa f Bu&et restautant i11 Cartlage Square, Sinoer gh•w Hollis Taylor TOTAL P.02 r 6 . ATTACHMENT 5 IBM 6 i - 1 ~ r e11 1 • (tl/)6611 • (?Iq 661 December 10, 1943 Mr. Mike Bristol United Commercial Real --Z2-~---- 7001 Preston Road Realty 9o~g j Suite 222 Dallas, TX 752135 i I Dear Mike: As per Your request and authorization, !BM Engu ' leers do Planners has prepared this report summarising the results and findings of a parhn8 study completed for the Carriage Square Shopping Center In Denton. EXISTING CONDITIONS i Figure 1 has tren included W show the existing site plan and parking layout. The plan indicates 517 parking stalls and four handicap spaces for A total of 521. The Consultant performed data Collection servicra on Monday, November n. The dg collected included: ta 1Pedestrian traffic volumes betwoen the North Texas campus and the shopping center OWssing Eagle Drive), 2• Customer traffic entering and exigng the North Texas Book Supply. and t 3. The number of vehicles parked on the site. s ` PRrlKIPAU Ce,oN t 8,kAtk PE • EA,&d J. M,**Av, P.£ • 9 fun G. L&"% Pt R0/0'dQ Seamoti P.E. • Rler M SInA, PE 1Gnsae Cly, Mlaourtt)n Moron, ""main TeU%rGTeerMk. South Cnolina Janson Couruµl te"Ody, City. Kana6 1wk4l+, North Grotlru k. r.' Qrr s c This data wu oollected on an hourly bpds dying the major Portion of the day - generally between the hours of 8:00 AM an4 6:00 Piv pedestrian traffic and the customer traffic volumes described in numbers 1 and 3 a$ove have been summarized for your review in Tables is 11, and M. These three tables have been attached to this report. The parking data collected for this study has been Mustrated in Figures 2 through 6 which we also attached to this report for your review. The site was divided into sections A through D for our analyses. The results of the analyses are depicted in Figures 2 through S for the four sections and then in Figure 6 for the site as a whole, I , E z 44 ! ANALYSES AND FINDINGS The pedestrian counts indicated that daring the 10 hour count period, a total of 209 pedestrians crossed Eagle Drive to enter the center, while 167 pedestrians cross Eagle Drive to exit the t center. The peak hour occurred at noon between 12:00 and 1:00 PM when 36 pedestrians entered the site and 27 exited. During a nine hour count (8:00 AM - 5:00 PM), 162 customers entered the North Texas Book ~ Supply while 160 exited. The peak hoof occurred in the mid-aftemoon between 2:00 and 3.00 t PM when 31 persons entered the store and 32 exited. During this count, the Consultant also identified those customers arriving and departing by automobile. ne counts revealed that 140 of the 162 entering customers arrived by automobile and 140 of the 160 exiting customers departed by automobile. t' lbese numbers indicate that during this specific count, approximately 85 percent of the book store's customers traveled by automobile and 15 percent walked. I WO/ I r aY ~ .x i F The Consultant also tabulated the pedestrians that arrived and departed the center and IM book store In groups in order to develop an approximate automobile occupancy ratio. Our tabulations revealed an occupancy ratio of 1.12 persons per automobile. The parking statistics summarized in Figures 2 through 6 Indicate that on an average, approximately 77 percent of the parking spaces are M utilized each hour. Only 23 percent or 120 spaces out of the total of 517 are used on the average each hour by visitors to the center, 'Phis leaves an average of 397 available spaces per hour. Data supplied by your office regarding sales at the North Texas Book Supply Indicate that the store's most active month is January. During this month, the store has sales that are 40 times larger than the sales in November. However, during January, students are purchasing books for all their new classes so that the typical sales per customer is greater in January than it is in November. Our estimates are that the sales per customers in lanuari are 34 times larger than those in November (we will use a 3.5 factor in our calculations). Based on these values, the Consultant estimates that the 162 customers in November would Increase by approximately 1685 customers in January. We would not suggest applying the 85 percent factor regarding customers arriving by automobile because it would be too difficult for pedestrians to walk to the campus carrying, a large number of books. We will use an adjusted factor of 95 percent as well as the 1.12 occupancy ratio. Thtse wit! yield an addidonal 1430 automobiles between the hours of 8:00 AM and 5.00 PM that would require parking spaces on the centers site, This yields an average of 159 additional vchicies per hour. Figure 6 indicates that the site has an average of 397 excess parking spaces per hour which will easily satisfy the average noel of 159 additional parking spaces. These numbers suggest that on the average 46 percent of the parking spaces would M be utilized each hour. 3 ~.9 8 a e Y`y'Aj ~ , t i Even when evaluating the site's probable January Peak Consultant estimates that 475 of the toW 317 Parking flour of 2;00 3;00 PM, the spaces will be utilized leaving 42 un-utilized spaces, SUMMARY AND CLOSING We have appreciated this o pportunity to work with you end Mike Mayse regarding the parking 1 needs for the Carriage Square Shopping Center. Our study has indicated that that a large portion I of the existing parking spaces (77 percent) are DO utilized during a normal work creek. Even when we evaluate the site at its peak condition, on the averse 46 wild LW be utli~. We estimate that such g percent of the spaces peak conditions would probably occur for a one I week period in January and another week in August. We hope that that the findings summarized in this of Denton. Mease do not hesitate to call our office iffy you should have an efforts with the City. any questions regarding this report and its contents. 4l• Sincerely, t i IBM FINGlNEERS & PLANNERS; n 0 IV- O Darnnie R. Cummings, P.E. Associate 1.i 1 i r , 11 1 f N§ (Y N y` 4 t` 4 a Y t 12 Minutes Q ~ Planning and Zoning February 23, 1994 l Page 3 that goes nowhere and nothing develops in the next 20 yrs then the sidewalk will be old and need to be replaced. She said maybe the ordinance should be amended. It seems that the rules would not be the same for a residential area and a commercial area. Mr. Robbins said sidewalks were actually needed more than in i a residential subdivision. The trails plan includes a possible eight foot bike trail along the loop. Mr. Cochran said it was true the area is developing industrially. He thought it would be a good public policy to a have sidewalks along major thoroughfares. Mr. Cochran moved approval of the final plat of Lot 1, Block A of the Russell-Newman Addition. Dr. Huey seconded and the motion carried unanimously (6-0). C. Consideration of the final plat of Lot 1, Block B of the Denton Bible Church Addition. The 2.789 acre site is located on the northeast side of Nottingham Drive, approximately 220 feet from Mingo Road. Staff report: given by Owen Yost. Mr. Yost reported the 2.789 acre site is located on the northeast side of Nottingham Drive, approximately 220 feet J from Mingo Road. The public improvements will include approximately 1,020 feet of six inch water line, two plugs for the water line, a man-hole ant approximately 1,000 feet of concrete sidewalk. The current zoning is SF-70 which allows a church or rectory. An accessory building on the lot line will be removed prior to filing of the final plat with Denton County The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations. Recommendation: The Development Review Committee recommended approval. s Mr. Cochran moved approval of the plat of Lot It Block a of the Denton Bible Church Addition. Ms. Flemming seconded and the motion carried unanimously (6-0), a ~ III. Fold 8 public hearing to consider a zoning district change to a planned development district from a General Retail district tiff }fi}:ti 4 { qq-oO g Minutes Planning and Zoning February 23, 1994 140 I Page 4 and recommending a Detailed Plan. The 8.278 acre site is located at 1117 Avenue C, between Eagle Drive and Interstate 35-E, and is known as Carriage Square Shopping Center. Staff Reportt given by Oren Yost. i Mr. Yost reported that the 8.278 acre site known as carriage Square is bounded by Eagle Dr., Interstate 35-E, Avenue C and Collier Street. The property is currently platted. There will be little increase in transportation, utilities, or drainage. The reason for the Planned Development zoning was to allow a j Pancho's Restaurant to go in. Thirty property owners were notified and three replies were received by phone. The tenant mix has been extended. There will be caps on certain uses. There are four conditionst 1 1. Revise the total allowable size for the restaurant use category to 23,817 square feet. 2. Revise the total allowable size for the Neighborhood Service category to eliminate the maximum square footage, and replace it with "the total leasable square footage of i f the current site, minus existing restaurant and retail f uses." 3. Add a note number 4 to Attachment 3, saying that the maximum square footage may be exceeded in restaurant and retail. categories only if there is sufficient vacant lease space existing. "Sufficiency" is accomplished if there exists enough vacant lease space, able to be parked at a ratio of 1 space per 200 square feet of gross floor area. 4. Sh?ot No. 1 of the detailed Plan is to be revised to show the existing "Neighborhood Service" zoning on the southwest corner of Eagle Dr. and Avenue C. The applicant will reduce the signage, and will upgrade the landscaping and refurbish an existing lawn sprinkler system. Mr. Cochran asked for an example of condition 3. Mr. Robbins explained that if you had 16,600 square feet of vacant area in the shopping center, and you want to put in a restaurant but you have about 17,000 square feet of restaurant space. The size of the restaurant that wants to go in is about ~p 4• I1 { M x 9Lt76__ Minutes planning and Zoning February 23, 1994 Page 5 11,000 square feet. You would go over the cap for restaurant use. If you count up parking spaces for the vacant area calculated at one space for every 200 square feet and you left that area vacant, there would be enough parking for the restaurant to gc in even though you would exceed the cap. The vacant area would have to remain vacant. Mr. Yost said it relates to about a 25 percent reduction in parking for the uses. The required parking is based on the current tenant mix and the location. Fifteen percent of the s traffic to the area is pedestrian. Mr. Engelbrecht said there are number of parking spaces for a to if there YouThere would would limit theenough allow restaurants. business. were given alltype enough parking. Mr. Cochran said you would limit the spaces left to less intensive uses. Mr. Engelbrecht said he had discussed earlier the issue of compact spaces. He asked the outcome. I E ~ Mr. Yost said the item discussed was allowing compact spaces for the 10 percent to go anywhere on site. That could be } added as a fifth condition. Mr. Engelbrecht said he was interested in parking. He pointed out the lower right hand portion of the detailed plan showed spaces are for icompact v hiclesaonly, they are never marked he Patrons t don't know and they get angry because the parking spaces are devcloPer can put a total of 10 percent of his little The total parking in compact spaces. He said he suggested that. we not require the parking spaces in the corner to be restriped. but allow the owners to turn to percent of their parking into compact spaces. That would allow for another 52 or 53 parking spaces that could be put anywhere they wanted. The parking problem seems to be around the north end. This would give more parking area and some flexibility. Ms. Flemming asked about the number of trees. She said it seeme skedditithaatreesowould have to be removed to make room for ? a the parking. Mr. Yost said they were only planting three new trees, the others are already there. a Y I Minutes /409 Planning and zoning February 23, 1994 Page G Mr. Engelbrecht said he nc-iced 4 large planters in the center of the driveway that are empty. He wanted to know if they were to be removed. He pointed out that the planters were empty. He asked what was to be done with them. Dr. Huey said she did not understand why the zoning change was necessary. Hr. Yost explained that under the retail zoning the applicant { would have to provide parking for straight zoning. and they do not have enough available spaces. By rezoning the applicants I can have a 25 space reduction in parking spaces required. s Ms. Russell said they have just done a lot of landscaping in the area. She wanted to know how the three trees were arrived at. Mr. Yost said there was space so we filled it up with trees. Mr. Robbins said the detailed plan could be amended to say allowed but not required (in reference to the parking spaces next to the loading docks). i Recommendation: Staff recommended approval of z-94-001 with the five : editions as outlined. That would include the 10 percente ct parking spaces instead of the designated area. Petitioner: Mike Mayes, Mayes and Associates Architects. Mr. Mayes said staff had presented the request well and he would be glad to answer any questions. Mr. Cochran asked about the parking proposals. Mr. Mayes said the whole basis for the re quest of the PD zone 2 is based on the tenant mix at the current time. The managers of the center are anxious to maintain that mix. They are willing to comply with the caps and the tenant mix that has been worked out with the staff. That mix seems to work well. They cater to a lot of campus traffic, with the tenant mix and the caps sat by staff. Mr. Engelbrecht asked what was to be done with the planters in the islands. Mr. Mayes said he did not know, they would either remove them or replant something. In favor: NONE ~M I i ( Minutes ~C .Z2~ Planning and Zoning February 23, 1994 Page 7 50 T 19 In opposition: None The public hearing closed. Staff recommended approval. Mr. Norton moved to recommend approval with the five conditions as outlined. Ns. Russell seconded and the motion carried (6-0). Mr. Cochran asked for condition five to be restated. Mr. Engelbrecht explained that the compact parking area, shown on the detailed plan would not be required. The applicant could make lot of the regular spaces compact. They could be placed anywhere in the parking lot. This would increase the parking as well Ms. Russell amended the motion to say the striping be optional at the discretion of the owners. Mr. Norton seconded the amendment and the motion carried (6- I 0)• Mr. Engelbrecht stated that the striping would be a sixth condition. iV. Hold a public hearing and honsider the rezoning of approximately 11.92 acres of lard from PD 140 and PD 94 to (MF-1) Multifamily Dwelling District-1 QQnditioned Zoning. This property is located on the southeast corner of Bernard and Collins Streets. A. Staff report: given by Debra Goodwin Ms. Goodwin stated that 83 notices were mailed to property owners within 200 feet of the property. Eight were returned in opposition , one notice returned undecided, and two returned in favor and eight were returned undeliverable. Mr. Goodwin stated that the request was presented on Feb. 9, r but the applicant requeste6 a postponement. She stated that the 7.494 acres (PD 140 - 88 Units) and 4.4275 acres (PD 94 - 54 Units) located on the southeast corner of Bernard and SI1Wdoca\ord\carriage.o GW-04~ 3-22_R~t_ l8~fi4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM GENERAL RETAIL (GR) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 8.278 ACRES OF LAND KNOWN AS CARRIAGE SQUARE SHOPPING CENTER AND BOUNDED BY EAGLE DRIVE, INTERSTATE 35-E, AVENUE C AND COLLIER STREET; } PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. s WHEREAS, Mayse & Associates, Inc., in behalf of Westdale Asset Management, has applied for a change in zoning from General Retail (GR) to the Planned Development (PD) Zoning District Classification and Use Designation and for approval of a detailed plan for residential uses; and g k j WHEREAS, on February 23, 1994, the Planning and zoning commis- sion, after a public hearing, recommended approval of the requested a change in zoning and approval of the detailed plan; and r WHEREAS, the City Council finds that the chiinge in zoning and approval of the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 8.278 acres of land described in Exhibit "A", attached hereto and made a part hereof f r all purposes, is changed from General Retail (GR) to planned development (PD) zoning f district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. `--J f N II That Exhibit 10B", attached hereto and made a part hereof for all purposes, is approved as the Detailed Plan for the district. SECTION III That the City's official zoning map is amended to show the change in zoning district classification. } 1. Compact car parking spaces, not to exceed ten percent of the 1 required spaces, may be provided at any location within the parking lot. 2. The eleven 11 parking spaces docks near Collier Street are allo ed a not required, l to jbe paint-striped. All other parking spaces shall be striped. I T SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. I SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of 3 its passage. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR 4 C/ ATTEST: JENNIFER WALTERS, CITY SECRETARY ~,-i.,,..,i.,~, $ BY: i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: J ' Al, { ,s. td, r .tip F A PArr i 1. . , k i i I CITY=- =COUNC I i a ~ 46 i 4 S • . ~~0 w t~•w` t 4 r a r 'R . agenrtaNo 9~-cc>8-- CITY COUNCIL REPO-$T 0~3R8"i tof /y TO: Mayor and members of city of Council FROM: Lloyd Harre'.l, City Manager DATE: March 22, 1994 SUBJECT: Hold a public hearing and consider adoption of an ordinance amending the regulatory line map to include an area located in the ETJ, south of FM River and FM 26455 between the Elm Fork of the Trinity RECOMMENDATION: i The Planning and Zoning commission considered the proposed amendment of the regulatory line map on January 12, 1994 and voted unanimously to recommend approval. (6 - 0) ~ SUS The location of the existing regulatory line between the Elm Fork of the Trinity River and FM 2164 as established by Ordinance #93-033 is shown in attachment #i. The line Is drawn along the Elm Fork of the Trinity River and includes the area located within the city { limits. From the Elm Fork of the Trinity the line follows FM 428 west and thLn continues along Shepard Road to FM 2164. The Texas Natural Resources Conservation Commission (TNRCC) has recently approved { of Denton's certification (Certificate of public convenience and necessity) to include the area south of FM 455 and a st of FM 2164. This recent certification excludes an area extending existin BWS linest(as on both sid of the existing Bolivar Water far as we are away) are shown on map included asB attachment #2e g City Ordinance #93.033 directs the Planning and Development Department to consider amendments to the regulatory line map whenever the certificate of public convenience and necessity for water and wastewater services is amended by the State. it is now proposed to amend the regulatory line map to include all that area west of the Elm Fork of the Trinity River, South of FM 455 and east of FM 2164 currently located in Dentoes extraterritorial jurisdiction within Division 1. The proposed amendment to the regulatory area is shown on map included in attachment #3. The extension of the regulatory area resulting front the amendment will reinstate the application of Denton's subdivision and land development regulations (platting) to subdivisions and developments taking place in that area. This Mll result in a higher quality of physical development in the area over time and reduce city costs In the future when those areas are annexed into the city. e I s i Vida Na 9 S~ A3snda';as~~ 5 F - rTmY COUNGIL REPORT t~ie.~~Z._L't<-__ /df /y TO: Mayor and Members of City of Council FROM: Lloyd Harrell, City Manager DATE: March 22, 1994 SUBJECT: oHold a public hearing and rdinance amending the regulatory line map to adoption include an area located in the ETJ, Soth of FM and FM 216455 between the Elm Fork of the Trinity River BECOMMENDATIONa i The Planning and Zoning commission considered the proposed amendment of the regulatory line map on January 12, 1994 and voted unanimously to recommend approval. (6 - 0) SUMMARy; i ! The location of the existing regulatory line between the Elm Fork of the Trinity River and FM 2164 as established by Ordinance #93.033 is shown in attachment #1. The line is drawn along the Elm Fork of the Trinity River and includes the area located within the city ! limits. From the Elm Fork of the Trinity the line follows FM 428 west and then continues along Shepard Road to FM 2164. The Texas Natural Resources Conservation Commission (TNRCC) hay recently approved of Denton's certification (Certificate of public convenience and necessity) to include the area south of FM 455 and east of FM 2164. This recent certifications excludes an area extending 200 feet on both sides of the existing Bolivar Water Systeri(BWS) lines. The existing BWS lines (as far as we are aware) are shown on map included as attachment #2. City Ordinance #93.033 directs the Planning and Development Department to consider amendments to the regulatory line map whenever the certificate of public convenience and necessity for water and wastewater services is amended by the State. It is now proposed to amend the regulatory line map to include all that area w °st of the Elm Fork of the Trinity River, South of FM 455 and east of FM 2164 currertiy located in Demon's extraterritorial jurisdiction within Division 1. The proposed amendment to the regulatory area is shown on map included in attachment #3. The extens{on of the regulatory area resulting from the amendment will reinstate the application of Denton's subdivision and land development regulations (platting) to subdivisions and developments taking place in that area. This will result in a higher quality of physical development in the area over time and reduce city costs in the future when those areas are annexed into the city. is Y 1 ~J 9 i Over the long term the City of Denton plans to construct a water treatment plant to serve this area. The planned location is south of FM 455 and east of Fro 2153. BACKGROUND: On March 2, 1993 City Council adopted ordinance #93-033 establishing a regulatory line in the extraterritorial jurisdiction and providing for the subdivision and land development F standards of the State and the County to apply to subdivisions and developments in areas located outside the regulatory line. The ordinance also provides for the Planning and Development Department to coi - Ader amendments to the regulatoryline map and that such amendments shall be effective upon approval by the City Council (See attachment #4) i EROGRA S. DEPARTMENTS OR GROUPS AFFECTED: All city service departments including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation and Library. FISCAL IMPACT: I The proposed amendment of the regulatory line map will result in a higher quality of pl ysical development and ultimately reduce city costs when the area is annexed into the City. Respec ly sub 't 1 Lloyd V. Harrell City Manager Prepared by: C~ p J ~ s o,wclut ~'9srrlNo euElh?fit Harry N ersaud, MRTPI, AICP C - Senior Planner as Ap roved: Frank H. Robbins, CP r`.r Executive Director, Planning and Development. 3. Ir Yfi.. t e i- 1 11 r.. 1 .,r X17 %R ~-rs ATTACHMENTS: Attachment #1: Map showing the existing regulatory line located between the Elm Fork of the Trinity River and FM 2164. Attachment #2: Map showing the existing Bolivar Water System. I Attachment #3: Map showing area to be added to Division 1 of the ETJ. Attachment #4: Ordinance #93.033 establishing the regulatory line map. Attachment #5: P & Z minutes of January 12, 1994 Attachment #6: Proposed ordinance amending the regulatory line map. c:Wraaw %RECUxe ;I I ! • r y.'. ylt yy1 11~''l ^yi I ~ • ♦1 1.y K I'~/ ear"vw.tnl . IJJ. .t i r Attachment V Map showing the existing regulatory line between the lm Fork and F7J 2164 DENTON ETd LINE HIRTH 0 REOULA 0 Y LINE ST NO C ~0 I 1 Sb' ~h i t I Attachment 2 Map showing existing Bolivar water system.,,, j 7u~~ DENYON ETd LINE N RTH 1 s r~ I C NTO I \ ol~ 1 ' Attachment 3 ~ C)~ I DENTON ETJ E f \ NORTH M4U 1 PWAM 1 PM on l DENT ON .1 TORY N ENTON C LIMITS I y r f \ ; rR + w..r r r~ .Y Nl: _ i' f Yy i r 1 \apdocalord\landsv.0 9 [~'-d Attachment 4 ORDINANCE N0. AN ORDINANCE OF THE CITY OF DEN70N, TEXAS, AMENDING ARTICLE II 01~ CHAPTER 34 ENTITLED SUBDIVISION XND LAND DEVELOPMENT BY CHANGING SECTION 34-38 RELATING TO DEVELOpmrNT STANDARDS AND REQUIREMENTS IN THE EXTRATERRITORIAL JUP.ISDICTION ' TI ^O D NCT DIVISIONS CLASSIFY WITH DZFFW'RING RULE9 SSIFY TWO DIS- QUIREMENTS SEPARATED BY A REGULATOFY REGULATIONS LINE To BE PERIODICALLY R,E- l VIEWED AND UPDATED? PROVIDING FOR INJUNCTIVE RELIEF THEREOF AND PROVIDING F.^F AN EFFECT FOR VIOLATIONS IVg DATE. WHEREAS, Section 212.003 of allows the C the Texas Local Government Cod ity of Denton to extend rules governin e divisions divisions and other ordinances relating to access to plate, sub. the City's Extraterritorial Jurisdictionp and public roads WHEREAS, Section 212.0045 of the Texas Local Government code allows the City of Denton to define and classify divisions of land within the City's jurisdiction and not require platting for every division of landt and WHEREAS? the extraterritorial Denton extends for three and one-halfi miles i fromf the ecorporate limits and beyond the boundaries of the Greater Denton Planning Area (GDPA) as defined in the Denton Development Plan and beyond the area defined in the City's Certificate for Convenient Necessity (CCN) issued b the State of Texas e a Water Code Section 13.242 relating to the City's ursuant ng of and wastewater services; and supplying of water WHEREAS$ the city of Denton has extraterritorial Jurisdiction Indicatin paaerea lato of the City's lowing, insofar as possible, the boundaries of the GDPAiand CCN, beyond which services from the City will be very limited and allowing such area to develop pursuant to the regulations of the County of Dentonr NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DSNTON HEREBY ORDAINS] ty pp equi~remmar in That Setion 34-38 entited and r thecextraterritorialljurisdiction" oftChapter 34 relating to Subdivision and Land Development of the Code of Ordinances of the City of Denton is hereby emende after such sect.ton shall read as followal d so that here- I i I o .(3 fG~ t I 4 ,'k . ~wti f i 1 ~ I i of'h~ 86o. Development standards and requirements in the extraterritorial jurisdiotion. of Denton is -jai (a) The Extraterrit divisions as indicated on theymap reflected classified into two (2) latal in cs t esit Divisions i is thattareadlocat d within the regu r lY pure lr®a ontheemapnlocthe ated poutisiden the requlatoryviinandetinedhin a Division I. (i) A)t of the provisions oil this chapter go-erningqi sub-for d.vision and devshalleap lystandtoards all subdivisionsiand Athin the city developments within Divis on 1. (ii) The subdivision and development standards of the County of Denton+ as such standards exist tod all or as subdivisions hereafter be amended, shall apply royal of . The and developments within subdivisions2and developments in plats by the City, ujurisdiction comprising Division the extraterritorial 2 is not required and si ° Va s>opm nt or psat evalop re- 2 must comply only 3 quirements of Denton County and state law. 1 (;j) The Planning and Development Department henever the certi- consider amendments to the regulatory line nap ficate of public convenience and necessity for water and wastewater services is amended by the State, the Greater Denton Planning Area d City Council but as defined in the Denton Develo p pment Plan is commission arevisedn , or when d r- } acted by the Planning and revised regulatory such amendments s l by the City Cive until the line map is approved 4 That the requlato line map reflecting Division aFCrN ii. urisdiction shall be } 1 and Division 2 of the public in the planning and Development subject to review by Department. ord violating any provision of this arson to the authority granted the r at?CTIONIII.be enjoined anyoined person f of Dshall City of Denton, Texas, by Section 212-003 hereafter mended,Gand ernment Code as same exists today or r may may ` such person shall be subject to the sanctions and civil penalties allowed the City under V.T.C.A. Local Government Code Section 54.011, as amended. eQrrrTnN i{L. That this ordinance shall become f ecti e F fourteen (14) days from the date of its passage, Page 2 t i M r If rr's r- IVA Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official s newspaper of the city of Denton, Texas, within ten (10) days of the date of its passage. Id 1993 . PASSED AND APPROVED this the day of r BOB CASTLEBERRY, MAYOR i ATTESTI JENNIFER WALTERS# CITY SECRETARY BYs t AP PRO AS TO LEGAL FORMS DEBRA A. DRAYOVITCHr CITY ATTORNEY BYt A; w. err rr7 A t~ r :,rte i Yr rsf:r Page 3 4 Attachment 5 I 5~ Planning and Zoning Commission _ Minutes January 12, 1994 Page 7 In favor: None In opposition: None Recommendation: Staff recommended approval of Z-93-031. r The public hearing was closed. Mr. Norton made the motion to recommend approval of the rezoning of Westwind Apartments at 1710 Sam Sass Drive from "C" commercial District to 'IMF-1° Multifamily Dwelling District-1. Ms. Flemming seconded and the motion carried unanimously (6-0)0 FVI. Hold a public hearing and consider rezoning the proposed amendment of the subdivision and land developavent regulatory y line map to include an area south of FM 455 between the Elm f Fork of the Trinity River and FM 2164. Staff report given by Harry Persaud. Mr. Persaud reported that in March of 1993 the City Council adopted an ordinance adopting a regulatory line. Areas outside of the regulatory line would not apply. He said staff tried to consider the areas that they would have to provide utilities to. Staff was to be able to amend that line when the need occurred. The request before the Commission was to amend the regulatory line in the area of Lake Ray Roberts. Mr. Persaud said staff wanted to include the area up 455 following the ETJ and back to Chebi Road. i Mr. Cochran asked if the home owners had been notified. Mr. Persaud said no they were not required to notify them. Ms. Russell asked if the proposal passed, would the home owners have to build sidewalks . Mr. Persaud said they would have to comply with all subdivision regulations. Ms. Russell asked, if she bought an acre of land to build a home would she have I-o put in a sidewalk. Mr. Robbins said most of the area would be more than 80000 feet from a city main and would be exempt. Mr. Cochran asked what they would be exempt f.:om. Mr. Robbins said they wou]i be exempt from putting in e a 1; t r r• k Planning and Zoning commission '2Z_ Minutes January 12, 1964 Page 8 sidewalks an" perimeter street paving. If you are further than 8,000 feet from a city main you wo,ild not have to pave or put in sidewalks, Dr. Huey asked what authority the commission had inside the regulatory line. Mr. Persaud explained that platting outside of the regulatory line would not go before the commission. If a developer wants to build in the area, we would sign a letter saying it is outside of the regulatory line and send it to the county office. In favor: None In opposition: None Dr. Huey made the motion to recommend approval of rezoning the prcpused amendment of the subdivision and land development regulatory line map to include an area south of FM 455 between the Elm Fork of the Trinity River and FM 2164 as proposed by staff. Ms. Flemming seconded and the motion carried { unanimously (6-0). y VII. Work Session: Consider appointing an All American City Committee. E Cecile Carson explained the All American City Award. She went over the process and how the award was determined. She said she would like to have two or three members of r the commission be part of the committee,,. Three projects need to be targeted. She said she wod like for the 1 commissioners to help make sure the guidelines are met. t The All American City award is sponsored by the National Civic League and the Allstate Foundation. They are targeting cities that have developed a broad base of community involvement. They are looking for projects addressing critical issues in the community. Projects emphasized must be things that have been done within the last three years. They may not have started within that time frame, but there has been significant involvement. The civic infrastructure is intended to evaluate how decisions are made. The application is due April 6. There will not be lot of meetings, maybe two or three, to identify and establish groups. Mr. Cochran said he would like to help. r .:L. 1 . 5 aI ~ , J1\WPd0C8\0rd\r*g11ne.ord 00 F Attachment 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE REGULATORY LINE MAP AS ESTABLISHED BY ORDINANCE NO. 93-033; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 93-033 directed the Planning and Development Department to consider amendments to the regulatory line map whenever the certificate of public convenience and necessity for water and wastewater is amended by the State; and WHEREAS, the Texas Natural Resources Conservation Commission has approved of extending Denton's certificate of public conve- nience and necessity to include an area located in Denton's extraterritorial jurisdiction, south of FM 455 between the Elm Fork of the Trinity River and FM 2164; and WHEREAS, the Denton Planning and Zoning Commission held a public hearing on January 12, 199; and considered amending the regulatory line map to include the area located in Denton's extraterritorial jurisdiction, south of FM 455 between the Elm Fork of the Trinity River and FM 2164 in Division 1 as established by Ordinance No. 93-033; NOW, THEREFORE., { : THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; { SECTION I: That the regulatory line map reflecting Division 1 and Division 2 of the extraterritorial jurisdiction is amended to include an area located in Denton's extraterritorial jurisdiction ! between the Elm Fork of the Trinity River and FM 2164 in Division J 1 as shown on Exhibit "A" attached hereto and made part hereof for F all purposes and which is subject to review by the public in the S Planning and Development Department. SECTION II: That any person violating any provision of this ordinance shall be enjoined pursuant to the authority granted the city of Denton, Texas, by Section 212.003 of the Texas Local Government Code as same exist today or may hereafter be amended, and such person shall be subject to the sanctions and civil penalties allowed the City under V.T.C.A. Local Government Code section 54.011 as amended. SECTION 1M That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. i INA .M.ar i Rrr 4 M / PASSED AND APPROVED this the day of 1994. E ' BOB CASTLEBFRRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: G~ r f `.1 J I f 1F,' K1 r . 1Y'~ aKl t^ d f l Y~r, r y' I PACE 2 fill' 1 1 r i EXHIBIT MAP SHOWING AREA ADDED TO DIVISION ~yd f / 0 DENTON ETJ E - NORTH,., ~ rA4U w I 4 J DENTON TORY IN J ENTON C LIMfTB r 4 r I' 3 =C ITY COUNC CA 4 ~ 6 f ~ r 0 R CLr } AQ eadaNo_~--------- DATE: March 22, 1994 CITY COUNCIL REPORT Date TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: 2-93-035, Delta Chi Fraternity RECOMMENDATION: The Planning and Zoning Commission recommends approval 4-0. SUMMARY: The applicant is requesting an amendment to Specific Use Permit 202 to allow continued operation of their meeting hall and offices at 119 Avenue A. i BACKGROUND: See P&Z report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Planning and Development Building Inspection 1 FISCAL IMPACT: 1 NSA 1 Respe ully s bmitted• fa` 1 yd V. Harrell Ci y Manager s Prepared by: { L. J Debra Goodwin v a Urban Planner App oved: 1 + L Lo~ Wank R. Ro in AICP Executive Director Planning and Development YY ( l 11! .p4 t.. 'L R is Yrlx-i . a I r~ $ 1, f3~"~ .4ri 15 Wine 1 Z-A PLANNING AND ZONING COMMISSION REPORT Mayor and Members of the City Council To: Case No.: Z-93-35 Meeting Date: March 22, 1996 GENERAL INFORMATION Applicant: Delta Chi Fraternity 119 Avenue A Denton, Texas 76201 i Current Owner: Homer Bly 2108 Holly Hill Denton, Texas 76205 Requested Action: Approval of an amendment to Specific Use Permit 202 Location and size: A 1600 square foot building located at 119 Avenue A near theMintersection of Avenue A, West Hickory a } Surrounding Land Use and Zoning: North - General Retail and MF-l, commercial parking lot, retail and night clubs General retail, strip shopping center and nightclub I South - East - MF-2 and parking { ~ West - University of North Texas i Denton Development Plan: j Moderate Activity Center i ' i SPECIAL INFORMATION SUP in order to As this request is to amend an existing continue the use, there will be no affect on transportation, utilities and drainage. r~ tF. M rr a e r {J e r; i v4 M Rs~.~FS4'>~~Yll a.' t dRSr 'J Y L (Case Z-93-035) f. orj(f3 Page Two HISTORY This property, as well as most in the Fry Street area, was zoned General Retail (GR) in 1969. This particular site, prior to the 1992 SUP, was the Goose Inn bicycle shop. On May 11, 1992, Delta Chi requested a variance to the required off-street parking. The variance was granted as all of the variance criteria were met. t specific Use Permit 202 was approved by the City Council on October 6, 1992. This approval placed the following conditions on the operation of the fraternity: 1 1. Use or occupancy of the premises shall be limited to the following hours: on Mondays: 7:00 a.m. to 11:00 p.m. E on Tuesdays, Wednesdays, Fridays, Saturdays, and Sundays: 7:00 a.m. to 10:00 p.m., and } on Thursdays: 7:00 a.m. to 7:00 p.m. I 2. The specific use permit approved pursuant to this ordinance shall expire at 12:00 midnight on November 30, 1993. 3. No alcoholic beverages may be served or sold on the premises; however, fraternity members may bring their own alcoholic beverages to the premises for their own ` consumption provided they comply with other state or i local laws. ANALYSIS i As was discussed during the 1992 hearings the Fry Street area is an extremely congested area. This site is in a moderate activity center. This use does not exceed the intensity allocation for this building. Parking is a problem in this area. Delta Chi requested and received a variance to the parking regulations in 1992. Most of the establishments in the area are nonconforming due to inadequate parking. The fraternity had only a year's lease at the time of the original SUP. An expiration date was placed on the SUP to t F r (Case Z-93-035) ,-_,-C~- Page Three N t~ give the fraternity an opportunity to renew its lease and to give the City time to determine that the use was not detrimental to the area. The lease has apparently been extended. The fraternity has been in this location for over a year and to date, no complaints have been received regarding its operation. On February 9, 1994, the Planning and Zoning Commission heard Case Z-93-035 and unanimously recommended approval of the amendment to the Specific Use Permit. I .r NOTIFICATION Eleven notices were sent to property owners within 200 feet of the property in question prior to the Planning and Zoning j Commission meeting. To date no responses have been received. RECOMMENDATION Planning Commission recommends approval of Z-93-035 (4-0) subject to the following conditions: 1. Use or occupancy of the premises shall be limited to the following hours: on Mondays: 7:00 a.m. to 11:00 p.m. i on Tuesdays, Wednesdays, Fridays, Saturdays, and Sundays: 7:00 a.m. to 10:00 p.m., and on Thursdays: 7:00 a.m. to 7:00 p.m. 2. No alcoholic beverages may be served or sold on the premises; however, fraternity members may bring their own i j alcoholic beverages to the premises for their own consumption provided they comply with other state or local laws. 3. Should a violation of Conditions 1 or 2 occur at any time, the Planning Director shall bring the Specific Use Permit a forward to the Planning and Zoning commission for review. The Planning and Zoning Commission may recommend revocation of the Specific Use Permit to the City Council. .y V x~a r=` ; i Y ..:}All ! A. .07.~ (Case Z-93-035) y _ Page Four I ALTERNATIVES 1. Approve the petition 2. Approve the petition with additional conditions 3. Deny the petition 4. Postpone action ATTACHMENTS 1. Location Map ~i I 2. Site Plan 6 j 3. Minutes of Planning and Zoning Commission, February 9, 1994 r I y J ( l fir.. I X1.1{ VY blaa\ r ',t. " r e^ N'- J Oil" A4 Delta Chi Fraternit~~'? NORTH Y 6o~~s x. au --1Qx o❑CC33C 0. 11 a~ ~oEl F-] 9CRORr ©®®King r ` . ooxrr kw x r a~a ELI[ L s _ EIEIU[IQI ^ D Q~ SITE oaf L I ~ rur ee ~ ~ .r LW + } A? T I DM II F l . of 1ff/.~~V M y Location Map Date: 1/28/44 Scale: None `r i H W } ^3 FY ATTACHMENT 2 NORT~'4 • r Wil C3 . y Delta Chi Fraternity run. too. n t i WI 0.60, wisp I$ to, i is - - - - - - - - - - - - ~i f Site Plan Date 24/94 Scale: None z v Planning and Zoning Commission February 9, 1994 O Minutes Page 6 i away from the foundation of her home. Gates that latch were installed in the doorways to keep water out of the inside of the house. The water line on those boards gets at least a foot high. Ms. Dobbs said she had talked with Mr. Svehla and Mr. Angelo. The City said they might consider adding some baffle in the ditch to slow the flow of the water. She said she wanted the City to be aware there is a major drainage problem. Mr. Laney asked if the water was flowing down the street. Ms. Dobbs said the two drainage ditches converge to one and it will not handle all of the water. The neighbors have a water problem, but their house is a little higher and the water gets up to but not in the house. The neighbor to the north gets flood water in the garage. Mr. Cochran asked if the problem got worse when the ditch was concreted. Ms. Dobbs said yes it did. Mr. Cochran asked how long she hr3 been concerned about the problem. Ms. Dobbs said they had been truing to get something done for years, but it was the first time she had gone to a cIP public hearing. Mr. Laney said the CIP hearing is the best way we have to find out what is needed. Mr. Engelbrecht said the Commission would ask the staff to come back with ideas that could he implemented to help. The public hearing was closed. FH d a public h earing and consider an amendment to a Specific Permit for the Delta Chi Fraternity to allow continued ration of their meeting hall and offices. This property is ated at 119 Avenue A. Staff Reports given by Debra Goodwin. Ms. Goodwin explained that the request was to amend an existing SUP in order to continue use. Transportation, utilities and drainage will not be affected. Ms. Goodwin said she had contacted the University police and the Deans office and there has not been any problems with Delta Chi. Eleven } " v Y • 1 9 1_J r ~O / ~s Planning and Zoning Commission February 9, 1994 Minutes Page 7 ific Use resonses. The Sec ith notices were roved Oout wj ctober 6 ~1992P by the City Council• The permit was app following conditions were placed on the operation of the fraternity: 1. Mondays cc p n a malt b11a00ipem to the following hours: Use or oa sh : 7.00 Tuesdays, Wednesdays, Fridays, Saturdays, and Sundays: 7:00 a.m. to 10:00 p.m. } Thursdays: 7:00 a.m. to 7:00 p,m. The SUP was to expiYe 12:00 p.m. midnight on November 30, 1993. 3. premises alcohol however mes may be served or r may bring their own alcoholic beverages to the premises other stater or consumption l laws. provided they comply Ms. Goodwin said staff recommended approval with the conditions changed to: to the following hours: 1. Use or ooccupancy a shall b to 1111Pit P.M. Mondays 700 Tuesdays, Wednesdays, Fridays, Saturdays, and Sundays: 7:00 a.m. to 101 p.m. Thursdays: 7100 a.m. to 71 p.m. be serveu or sold on the i 2. No alcoholic beverages may r: ' - premiseshowever members may ritheire own own consumption provided beverages they the premises comply withother state or local laws. ! to the 3, Should a vi,g Director shall bring the SUPcforwardnt the Planning Planning and Zoning Commission for review. The Planning and Zoning Commission may recommend revocation of the SUP to the city Council. 4. be Should the fraternity " Id ` r' PETITIONER: bid not speak. y` In favor., None Y " . 9 Planning and Zoning Commission February 9, 1994 Minutes Page 8 In opposition: None The public hearing was closed. Mr. Norton made the motion to recommend approval with the conditions as recommended by staff. Ms. Russell seconded and the motion carried (4-0). s VII. Consideration of the final plat of Lots 18-27, Block A; Lots 41-46, Block 36 of the Southridge Oaks Subdivision and the final replat of Lots 28 and 29 into Lots 28A and 29A of the Southridge East Subdivision, Phase 1. The 10.235 acre site is located on the west side of Lillian Miller Parkway at Southridge Drive. Staff Report: given by Owen Yost Mr. Yost reported that the 10.235 acre site is located immediately went of Lillian Miller Parkway at Southridge Drive. It is currently vacant, except for existing homes on the front halves of lots 28 and 29. Development of 16 new homes is proposed. Public improvements will include approximately 2,350 feet of sidewalk, approximately 1,940 feet of 8" water line, and approximately 2,010 feet of 8" sewer line. Four fire hydrants must be spaced no more than 600 feet ll apart. Two additional median openings are proposed within the I existing Lillian Miller Parkway median. The land is currently zoned PD-87, allowing for single-family detached homes, with a small portion of SF-10 zoning. The City Council recently approved a Detailed Plan for much of the site. Thy, applicant declined to voluntarily contribute land or funds in accordance with the park dedication ordinance. All services are available. The plat and replat will conform to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinance, (when the three conditions are met)s The Letter of Map Revision must be approved by FEMA, all f' engineering drawings for public improvements must be approved, t. and tho Plat document must be approved by the City. Recommendation; Staff recommended conditional approval of the 7S final plat of Lots 18-27, Block A; Lots 41-46, Block 36 of the Southridge Oaks Subdivision and the final replat of Lots 28 and 29 into Lots 28A and 29A of the Southridge East i. a~ a H _ Y 7 r ocs o,•d\deltacht.ord I J \wpd\ ORDINANCE NO. _ All ORDINANCE OF THE CITY OF DENTON# TEXAS, AMENDING A SPECIFIC USE PERMIT TO ALLOW FUR THE CONTINUATION OF A FRATERNITY MEETING HALL A1~D OFFICE SPACE ON A 1600 SQUARE FEET TRACT OF LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREA6, by Ordinance No. 92-165, the City Council granted a Specific Use Permit (No. 202) to Delta Chi Fraternity for a fraternity meeting hall and office space on a 1600 square feet tract of land located dt 119 Avenue A for a period expiring ' November 30, 1993; and E i WHEREAS, Delta Chi Fraternity has applied for an amendment to the Specific Use Permit to allow the continued use of facilities as presently used; and WHEREAS, on February 91 1.994, the Planning and Zoning Commis- sion recommended approval of the proposed amendment with several new conditions; and WHEREAS, in accordance with Division 4 of Article III of Chapter 35 of the Code of ordinances, the City Council has found that all the following conditions exist as to the amended, permit: 1. That the use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly i diminish or impair property values withl.n the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development or improvement of surround- ing vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; ' 4. That the design, location, and arrangement of all driveways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, if any; 6. That directional lighting, if any, will be provided so as ; not to disturb or adversely affect neighboring properties; an' x~. i 0 1 f f t f i (i f 1 J 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties; NO THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: GFCTION I. That the specific use permit approved by Ordinance elat the nalneonditions November 30, 1992 expiration No. 92-165 is amended twoadditio date and adding SJLTJQ1LJJ. That the property shall be developed, used, and maintained in accordance with the following conditions: 1. Use or occupancy of the premises shall be limited to the y following hours: a - on Mondays: 7:00 a.m. to 11:00 p.m. - on Tuesdays, Wednesdays, Fridays, Saturdays, and Sundays: 7:00 a.m. to 10:00 p.m., and - on Thursdays: 7:00 a.m. to 7:00 p.m. 2. No alcoholic beverages may be served or sold on the their own bring j premisesl however, fraternity members $b or their own consumption i alcoho.lic beverages to the p yID provided they comply with other state or local laws. time, ' 3, should a violation of conditions 1 or 2 occur CommunityaDevelopment ' the Executive Director for Planning and shall bring the Specific Use Permit Planning forward tot the Planning anZoning Commission for review. Zoning Commis- The acting upon such report, or other changed circumstances sion, or violations of state or local law, may recommend revocation or modification of the Specific Use Permit to the City Council. 4a Should the fraternity the use ofuthetprope ty opertyy orevertito hell and office space, General Retail application for a permit ora certificate ofeoccupancy zonin uses upon n app app for such uses. rsFCTiON M. That a copy of `his ordinance shall be attached to Oidinance No. 92-165, to show the amendment herein made. SECT 0 I . That all provisions of Ordinance No. 92-165 in yy conflict with the provisions of this ordinance are hnotbinrepealed, and all other provisions of ordinance No. 92-165, co with the provisions of this ordinance, shall remain in full force and effect. sFCION~ y. That the City's official zoning map is amended to show the change in zoning district classification. 3 } SECTION Vi. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION viz, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official ! newspaper of the City of Denton, Texas, within ten (10) days of the j date of its passage. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: i ' DEBRA A. DRAYOVITCB, CITY ATTORNEY BY: tr;' i,A /i ,~r, 1 I- V ~~s M ~7 r v: ,1 RAY y~k , R Y pay rIR _C I T Y' ~COUNC i i 4 ~ V • +P0 • 1'w i 4 e C' a 7 i AoendaNO LO roe 'C.% ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID- ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, 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 k services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for l the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the i "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM AMOUNT NUMBER NO VENDOR 1581 ALL WHITE GMC $309,482.00 1586 ALL CONLEY LOTT NICHOLS CO. $ 39,800.00 1588 ALL JIM ALLEE IMPORTS $ 27,748'00 1593 ALL SEE ATTACHED EXHIBIT A 1602 ALL SEE ATTACHED EXHIBIT B SECTION 11. That 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 Did Invitations, Bid Proposals, and related documents. p ~ r n~ O 5 9 7 7,~i-`~` z~16 SECTION III. That should the City and persons submitting approved and accepted items and'of the submitted bids 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 the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this _ day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYs ..r1, APPROVED AS TO LEGAL FORMi t DEBRA A. DRAYOVITCN, CITY ATTORNEY BYs t r ,F(+ EXHIBIT OK kiz i-A BID # 1593 O i PRODUCT EACH PRICE ~ ITEM __VEN--- ' SURFLAN $ 149,90 ESTESINC ROUNDUP $1,i18.40 2r ESTES INC $ 44.625 MSMA D $ 248.75 W. ELUS RO 4. W. ELUS $ 57.60 5• RED RIVER AWARD CAMPAIGN $ 135.75 g &G CO TURF TREE $ 9.89 7. LESCO SURFACANT 50% $ 6.29 8• JUSTIN SEED SUMETHRIN $ 7'00 9, ESTES INC PRIMO $ 268.76 FERTILIZER ~ 1. HARp00LS $ 194.00 s, 15-5-1050% i 12. HARpOOLS FERTILIZER 218.00 15-5-1087%BULIC $ 13r HARPOOLS FERTILIZER 15_5-10 87%BAG $ 238.00 EXHIBIT'S': BID # 1602 PRODUCT EACH PRICE ITEM VENDOR 160KVA PADMOUNT $10,791.00 i TECHLINE 500KVA PADMOUNT $ 6,1/00.00 _.J 2 WESCO /'~Jy~ .00 TECHLINE 760KVA PADMOUNT $ 6Y%~~- " 4. 1 4 Y j v A R41 J w r i r} f , r'' 4 d' '~r,' a 1 s ~ DATE: MARCH 22, 19% CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager _V0416 SUBJECT: BID # 1581 - COMMERCIAL REFUSE TRUCKS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for the combination trucks and bodies of White GMC Trucks of Dallas in the amount of refusetrucks for Tone front load refuse truck and $101,073.00 otal bid award for the three units is $309482.0 for two side load 4 I SUMMARY: This bid is for the purchase of one front load refuse truck and twos e load reuse trucks. The three units are motorpool replacements for 1988 model were approved for re in the et rocess. Thes thatlift and empty the9greenbcommercia dumpstere trucks. re he commercial cial type trucks a E I We currently have several of the White GMC trucks and Pakmor bodies in our fleet. They have proven to be good units with minimal problems or down time. Representatives from the Fleet Operations and Commercial Solid Waste Divisions concur with this recommendation. BACKGROUND: Tabulation Sheet. DEPARTMENTS OR GROUPS AFFECTED: Fleet Operations and 'I PROGRAid3 } Comme 1 So d Waste D v sions. FISCAL IMPACT: These units will be funded from 1993/94 r ous y approved by Council, account number 7 490251 CO94f 9104 Obligation Funds spe lly su d V. are loy City Manager r Approved: , L's Name Tom DS w,C.P.M. Title: Purchasing Agent ~ r 1 PAGE 1 OF 2 ID NAME COMMERCIAL REFUSE SOUTH- SOUTH- DALLAS BRIDGEPORT TRUCKS WESTERN WESTERN PETERBILT TRUCK MFG PEN DA'T'E FEBRUARY 24, 1994 EQUIPMENT EQUIPMENT INC CO #1 CO #2 1. 1 TRUCK CAB/CHASSIS 64,000 NIB NIB $69,829.00 NIB MANUFACTURER PHTERBILT DELIVERY 90-110 2. 1 40 BODY YARD FRONT LOAD $41,625.00 $41,625.00 NB $37,669.00 MANUFACTURER GALION I?Z PAK OALION EZ PAK BRIDGEPORT 13114I.IVIiRY 90-135 60-75 3. 1 COMBINATION TRUCK AND $108,631.00 $108,492.00 NB NIB BODY MANUFACTURER WHITHOMC WIIITHOMC MANUFACI'URHR GALION ir.z PAK GALION VZ PAK DHI.IVI:RY 90-135 60-7S 4. 2 TRUCK CABICIIASSIS S8,000 NB NB $69,128.00 NIB MANUFACTURER PETERBILT DELIVERY 90- 110 5. 2 33 CUBIC YARD COMPACTION $34,601.00 $34,601.00 NB NB BODY I MANUFACTURER IMPAC IMPAC I a` DELIVERY 120-140 120-140. w " 6. 2 COMBINATION TRUCK AND $102,749.00 $102,749.00 NB NIB r; ;y , BODY MANUFACTURER WIIITRGMC WHITE OMC A MANUFACTURiR IMPAC IMPAC VI V' DELIVERY 120-140 120-140 q 44 ;y< , , 14 r . .j_ , I t yyK 1 16---------~68i~--- - PAGE 2 OF 2 ID NAME COMMERCIAL REFUSE DAVIS WHITE WHITE CROSSTOWN TRUCKS TRUCKS & GMC GMC WHITE GMC PEN DATE FEBRUARY 24, 1994 EQUIPMENT ALT _ CO 1. 1 TRUCK CABIC1IASSIS 64,000 NIB $67,206.00 '$67,067.00 $66,747.00 MANUFACTURER WIIITE GMC WHITE 011C WIIITL OMC DELIVERY 90-120 45 75-90 2. 1 40 BODY YARD FRONT LOAD NIB N/B NIB $42,710.00 MANUFACTURER PAKMOR DELIVERY 45-60 II 3. 1 COMBINATION TRUCK AND $116,254.00 3107,336.00 $107,191.Ud $109,457.00 BODY MANUFACTURER WHITE GMC WHITE OMC WILTS OMC WIIITE GMC MANUFACTURER HEIL PAKMOR PAKMOR PAKMOR DELIVERY 30-45 7S-90 120-150 i 4. 2 TRUCK CAB/CIIASSIS 58,000 NIB 567,348.00 NIB $66,838.00 MANUFACTURER WIIITB OMC WHITE OMC DELIVERY 45 75 - 90 S. 2 33 CUBIC YARD COMPACTION NIB NIB NIB $35,455.00 BODY MANUFACTURER PAKMOR 1 DELIVERY 45-60 r ` k 6. 2 COMBINATION TRUCK AND NIB $101,073.00 NIB $102,293.00 BODY I MANUFACTURER WHITE dMC TRUCK FAILS WHITE OMC u MANUPACTURFR PAKMOR O MBET SPEC PAKMOR DELIVERY 120-350 120-150 44 l ~'rr i 11 w Xlir/. Y { `f { I DATE. MARCH 14, 1994 CITY COUNCIL REPORTD $ - TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1586 - VIBRATING ROLLER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification, Conley Lott Nichols Co., in the amount of $39,800.00. St MNIARY: This bid is for the purchase of a vibrating roller to be used by the Street Department In the construction and maintenance of City of Denton Streets. It is a motorpool replacement for an older (1988) unit that has been determined to be no longer economical to maintain. The new unit is a self propelled double drum design capable of compacting road base N material, shoulders and similar applications. BACKGROUND: Tabulation Sheet. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Street Construction Division and Motorpool. F reviously approved by unit wll be purchased for fleet purchases, sn, account tumberr 724 025 CO94- p Y PP Y cou 9104. *Resfully u tted: rell Approved: Name: Tom D. Shaw,C.p.M. Title: Purchasing Agent ~ee.ao~ i h I - i wtG.r~ u . i f } fMJr`Fy (`ia! ID NAME VIBRATING ROLLER HOWARD- CASE CONLEY BANE ` MACNEAR POWER LOTT MACHINERY PEN DATE FEBRUARY 16, 1994 EQUIP & EQUIP NICHOLS Tnv EMRIPTro --VEN6i5€i- N~SQ~ =VI=RPZS 1. 1 DOUBLE DRUM VIBRATING $42,600.00 $84,815.00 $39,800.00 NO BID ROLLER MAKE DYNAPAD VIBROMAX BOMAG MODEL CC142 752B BW137AD DELIVERY 4 WKS 4 WKS 2 WKS L i tl 00 1 . 1 i i i M1 h DATE: MARCH 22, 1994 CITY COUNCIL REPORT p 9 TO: Mayor and Members of the City Council - 0D FROM: Lloyd V. Harrell, City Manager - r2 SUBJECT: BID j 1588 - UTILITY VEHICLES 9 l 0 5 RECOMMENDATION: We recommend this bid be awarded to the only bidder, Jim E Allee Imports In the amount of $13,874.00 each for two units. Total amount p $279748.00. SUMMARY: This bid is for the purchase of two units to replace 1987 model Suzuki vehicles. These older vehicles are currently assigned to the Police Department for parking enforcement and other related activities. One older unit will be the newly created Weights and Measurers Division assigned to and the other will be sold at public auction or possibly reassigned to lighter duty. Bid request were mailed to eleven (11) possible suppliers. This small utility vehicle has a limited number of dealers and a limited number of similar type vehicles available on the market. The Police Department has found these Suzuki vehicles to be very maneuverable, able to get into small places and economical to operate. BACKGROUND: Tabulation Sheet. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Fleet Operations, and Police Department. FISCAL IMPACT: These units will be funded from Motcrpool Replacement Certificate of Obligation Funds, account Number 724-025-MTPL-9i04. R c ly aub Lloyd V. Harrell City Manager Approved: Name: Tom D.Shaw,C.P.M. Title: Purchasing Agent 467.agenda l r, C ~a 6-~- _ _ 158 ID NAME UTILITY VEHCILE SOUTHWEST JIM ALL£E MATERIALS IMPORTS PEN DATE FEBRUARY 24, 1994 HANDLING COMPANY "bE`~ if TOP - VENDOR— -VEF1bZ5{~ _ VENDO~i V~NtiZS~{ VeNaoai 1. 2 TWO-DOOR FIBERGLASS N/B $13,874.00 HARD TOP UTILITY VEHICLES +$500 FULL VINYL SEATS Wf~ G, i 1 Y I i / S l `t t DATE: MARCH 22, 1994 CITY COUNCIL REPORT ' f TO: Mayor and Members of the City Council 0 ~~1 g FROM: '..loyd V. Harrell, City Manager r SUBJECT: BID 11593 - FERTILIZER/ HERBICIDES r~o7~ib RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification and delivery requirements for each item bid. t ITEM VENDOR PRODUCT EACH PRICE 1. ESTES INC. SURFLAN $ 149.90 2. ESTES INC. ROUNDUP $1,118.40 3. W. ELLIS MSMA $ 44.625 4. W. ELLIS RODEO $ 248.75 5. RED RIVER CAMPAIGN $ 57.50 6. B & G CO. AWARD $ 135.75 7. LESCO TURF TREE $ 9.89 8. JUSTIN SEED SURFACANT 50% $ 6.29 9. ESTESINC. SUMETHRIN $ 7.00 10. BWI PRIMO $ 288.76 11. HARPOOLS• FERTILIZER 15-5-1050% $ 194.00 12. HARPOOLS* FERTILIZER s 15-5-10 87%BULK $ 218.00 s 13. HARPOOLS• FERTILIZER 15-5-10 87%BAG $ 238.00 *Lower price offered by Justin Seed requires three day notice. Harpools bid is one day. Scheduling during the summer months does not allow for three day delivery to be acceptable. The total estimated expenditure for these products during the 1993/94 season is ;24,988. SUMMARY: This bid is for the seasonal requirement of fertilizers and herbicides to be used by the Parks Department in ground maintenance activities. All products are EPA certified and will be applied by licensed certified applicators currently on staff. BACKGROUND: Tabulation Sheet. PROGRAMS. DEPARTMENTS OR GROUTS AFFECTED: Park Maintenance Division. FISCAL IMPACT: These products wUl be purchased from 1993/94 budget funds account 100-038-0063-8105. a, s' JAI I r i ~ i CITY COUNCIL REPORT MARCH 22, 1994 4 PAGE 2 OF 2 _ x : Res lly subm t d eel Lloyd V. Harrell City Manager Approved; 1 Name: Tom D.Shaw,C.P.M. Title: Purchasing Agent ~TO.A4ENDA 4 r a s V ;o ; 9'. ( .F .y. W.,., r, 7 Y I L ' Af~~ j f■■al 1 j®y / rn.c v 3 l LIS BID 0 _----_-1597 j LP.SCO wILOCR BAG FSTPS RED RIVER NARPOOLS ]SPSTIN ED P1 LI3 'BIDNAME FE HT ILI Z ER/IIERBICI DPIL'TC j "W.I. 1,0, CIlFMICAL I 5PFC r SEED CO. 4)PP.N DATE MANC11 7, 3994 r - - ! VEN DDR VL'N DOk VENOOR~~ VNUOR VIfNpDR VI.NDOR VENDOR---- k IB I QUANTRY 1 DE3CRIP710N VENDOR ~ 1 ~ I f tU/.10 $363.123 ! ffERB1CIDE 1149.911 i $149.90 $158.12 NIB 1. 20 SURFLAN AS 3110.11 5166.00 ! (2 Ifi GAL) $1.140.00 I $1,179.00 11,143.00 11 4 51,290.00 71.203.00 $1,111.40 SIA47.00 NIB ROUNDUP 1 j 3 k` ! (so DAL DRUM) E IIII p/g 34930 , $44.113 I y I l ~ 37 ~ MSMA-/LB ACTIVE 149.90 S43.66 $45.00 $46.73 NB 3 f , W/SURFACTANT (3 in GAL DRUM) i 1211.7! l NB NB 4. 1 RODEO $274.70 :250.00 ! $249.00 f2605D NB 1 ' (2 112 GAL JUG) 169,95 f6S, 73 357.50 NB NB NB / CAMPAIGN NB C - ! S. (1 IA GAL JUG) i ~11~15 E lNSECry CiDE 1147.73 NIB J i E ~ f136,0'r! 10 AWARD-FENOXYCARB 173 1119.75 $13575 NB NB , i f (2S LR BA05) N~ 510.30 NB NB NB ± 39.49 5 V t .~S 7. 12 TURF TREE A ORNAMENTAL. f 10.13 710.33 (1 LB CANS) i MISCEIlJ5NE0 US ` NB $6.29 NB tiFSr i• 4i SURFACANT. 50} $12.60 135.00 510.30 NB NON IONIC I (1 CAL JUG) 9. 12 WHITMIRE. PT SUMET7IRIN NB '•$5.711 $7.00 NB NB NB N,13 ' TOTAL RELEASE ! ! (i LB CAN) I I NB NB NIB $335.00 i ! P0.1M0 1283.76 $161.001 $725.00 NIB ` X10. i (IOALJUG) r ~ FERTILIZER NB NIB NB f 104.00 TN ~ 31 p.00 TN NB NB it, 36 TNf 15-5-105091,SULPA NB / COATED UREA ' 1 j ? (BULK) N16 NB NB NB (216.00 TN $219.00 TN NB Y3. 16TNS 1S-5-108774SULPA NIB , . ! 1 COATED UREA I i (BULK) NB y $700.00 TN NB His NB 1233.00 TN f1ti.00 TN I NB ! ! ti. 1 TNf 15-5-20 8716 SULFA COATED UREA k jBAG) DAY 3 DAYS 10-t1, DAY( { 3-5 [)AYS c. - ! 10 DAYS Ll DAYS I DAYS i l if ~ DELIVERY 3- 1,O DAYS ••NOT SO ~ f •1 i 71- DATE: 6+IAR& - ZZ CITY COUNCIL REPORT 3140f'W- TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 11602 -TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated bidder or each Item: ! ITEM DESCRIPTION VENDOR. QTY TOTAL s i ti 1. 150 KVA PADMOUNT TECHLINE 3 $100791.00 2. 500 KVA PADMOUNT WESCO 1 $ 60100.00 4. 750 KVA PADMOUNT TECHLINE 1 $ 80234.00 Total bid award $25,125.00 Item 3 will be rebid no award at this time. SUMMARY: This bid is for the purchase of Electric Distribution padmount transformers. These transformers will bring inventory quantity back to a safe level. The evaluation for transformers award considers the overall cost to operate over a 20 year life expectancy, including power losses at both no load status and total load } status as well as purchase price. r l BACKGROUND: Tabulation Sheet, Transformer Evaluation Sheet. DivtOGRAMS, DEPARTMENTS OR GROUPS AFFEC'rED: Electric Distribution PR f ston. i y~ FISCAL IMPACT: These transformers will be purchased from 1993194 budget funds for Capital Improvements to the Distribution Sys tem, account number 610-103-1031- 3684-9222-ME68001A. Aesp ully sub ed: s L d . Harrell r . City Manager . Aped Name: Tom D. Shaw, P.M. Title: Purchasing Agent ' 472.k=k r, R.. r( P r I - ~ Blb I RimTkI RIA14.RS TFCIILINL CUMMINS 7'EMP1.1; WFSCO POi.I?f.INk1 SI3SCO SUIPPiY BIDNAM[S 1'RAN5FO R SUPPLY s PEN DATE: MARCH 1, 1494 _ pHSCRIPTION VENDOR V1INDOR VL*NDOR VLNDOR VLNDOR. VLNbOtt VCNDOR i GTY 1. 3 ea TRANS, PADMNT, 150 KV 13,597.00 $4,004.00 54.761.05 $3,960.00 $4,053.00 =4,416.00 $7,300.00 277/480V, 3 Pll, RADIAL FD 2. 1 ea TRANS, PADMNT, 500 KV $6,529.00 $6.369.OP $7,556.84 $6,100.00 $6,347.00 $8,136.00 $5,985.00 I 2771480V, 3 PH, RADIAL FD ` 4. 1 ea TRANS, PADMNT, 750 KV $8,234.00 $8,711.00 $11,870.52 $8,565.00 58.691.00 $10,370.00 $7,972.00 S 2771480V, 3 PI1, RADIAL FD E i v ~ r ~ <<} ty f.'a IJ Ll Gi O J; ' 'k y. Y~, v v- ti. ff A f y H TRANSFORMER EVALUATION SHEET p,~~/I I MARCH 7, 1994 PREPARED BY: FESTUS OKOLIE M d/b LOSSICOST EVALUATION OF A 150KVA PADMOUNT, 277/480V THREE PHASE RADIAL FEED PADMOUNT TRANSFORMER MADE Nl TL !TnIM R CALCULATED BIDDER BY OSSES LOSSES %Z ' UNIT COST W ATSON TECHUNE HOWARD 308 1481 1,88 .00 $18438 PRIESTER COOPER 464 1760 2.85 .00 $19123 WESCO ABB 349 1429 2.65 .00 _ $19,712 CUMMINS PAUWELS 347 1590 73 .00 20360 POLEUNE PAUWELS 1 347 1590 73 .00 $20526 43 1344 3.7 .05 SESCO SESCO I 440 2040 2.5 17 .00 $23,658 I LOSS/COST LVALUATION OF A 500KVA PADMOUNT, 277I480V THREE PHASE RADIAL FEED PADMOUNT TRANSFORMER - MADE ONL . TIL DELIVERY BID UNIT CALCULATED BIDDER Y SSE8 LOSSES %T TIME (WKS) COST UNIT COST I WATSON NO BID WESOO ASS T88 4204 1.59 10 100.00 888 CUMMINS PAUWELS 733 4178 2469 12-14 $8369.00 $38542 TECHUNE HOWARD 757 3985 1.92 12-14 $6,629.00 i38,596 POlEL1NE PAUWELS 733 4178 2.69 12-14 58392.00 538620 PRIESTER COOPER 1071 4284 3.05 17 985.00 39328 TEMPLE GE 834 3533 3.5 15 $7,558.84 $41036 SESCO SESCO 1300 6900 S.TS 17 $6136A0 $58 082 i d I F J LOSS/COST EVALUATION OF A 750KVA PADMOUNT, 2771480V THREE PHASE RADIAL FEED PADMOUNT TRANSFORMER rx ~ ` r Y E° ' NL"s A ' DELIVERY ; END UNIT cAucUTA L C83E8 TIME fffim OWTL ' UNIT COST WATSON NO BID 'loot, " .75 = 2-14 f POLEUNE PAUWELS 924: OM 3,49 12-14 1.00 361 ? CUMMINS - PAUWELS 924, 6086 3.49 12-14 - 711.00 429 PRIEBTER COOPER 1246 $A 17 7 72.00 1 WESCO ABS 1099 6139 6,72 10 S8 666.00 554 064 E TEMPLE GE 312 4857 3.82 16_ I 511670.52 7112 d SE8C0 SESCO 1845 8775 5.75 17 $10 370.00 572 365, ~r i I 8 {fit g6ITY COUNCI FFF • ♦ O s s s 0 • • > c M. 0~0'J slow, Agenda Na..___ `l~/-cars' A~•~ndd'lnm ,2.5~' 7. 8. i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 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 I. That 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 1544 BILLY REDMON ;24,000,00 I j SECTION II. That the acceptance and approval of the above i 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 certif- icate after notification of the award of the bid. SECTION III. That 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, plane and specifications, standards, quantities and specified sums contained therein. *f d N.A a SECTION IV. That 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 here- by 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 V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1994. ; 1 i i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs t 1. l y F ,I } r Kl • ~Jjj a DATE: MARCH 22, 1994 CITY COUNCIL REPORT k TO: Mayor and Members of the City Council 19 w FROM: Lloyd V. Harrell, City Manager 1 SUBJECT: BID # 1594 - DEMOLITION # 22 0 RECOIIMAENDATION: We recommend this bid be awarded to the lowest bidder, Billy Redmon the total amount of $24,000.00. SUMMARY: This bid is for the Demolition and Clearing of six sites. Three sites are structures and three are Egret Nesting sites. The structures are located at 926 Myrtle Street, 710 Lakey, and 602 Morse. The nesting sites are in the general area of Kerley, Duncan and Smith Streets. Each site has been well marked as to what Is to be removed and as to what trees must remain undisturbed. BACKGROUND: Tabulation Sheet. PROGRAMS, DEPARTMTS OR GROUPS AFFECTED: Community Development Department and Citizens o Denton. FISCAL IMPACT: Funds for this project will come from Community Development Bl~ occGrant account number 219-058-CD87-8502. ~I Resp ully sued: Io rell Harrell City Manager Approved: Name: Toill D. Shaw, C.P.M. Title: Purchasing Agent I Y ~ 694 BID # BID NAME DEMOLITION # 22 REDMON TRUMAN HARP & KEN SENNETT OPEN DATE FEBRUARY 24, 1994 DEaGR VENDOR R- r. i 1. 926 MYRTLE ST $5,000.00 $2,140.00 REMOVE BURNED STRUCTURE REMOVE ANY CONCRETE, ALL E TRASH, DEBRIS, DEAD TREES, SHRUB A BRUSH FROM SITE i RADE LOT SMOOTH FOR MOWING 710 LABEY STREET !5,000.00 $3,660.00 REMOVE BURNED STRUCTURE I REMOVE ANY CONCRETE, ALL k TRASH, DEBRIS, DEAD TREES, SHRU9 A BRUSH FROM SITE RADB LO: SMOOTH FOR MOWING 3. 602 MORSE STREET $5,000.00 $2,690.00 REMOVE STRUCTURE f REMOVE ALL CONCRETE, TRASH, SHRUBS, BUSHES A DEBRIS € j FROM THB SITE d! T ` GRADE LOT SMOOTH MOWING ' r: R I 4, BURET NESTING AREA 'A' $3,000.00 HORET NESTING AREA 'B* $3,0D0.00 6, EGRET NESTING AREA 'C' $3,000.00 DELETED 1 } ALL OR NONE S • TOTAL BID (24,000.00 (24,780.00 R I- i, i + 4E ;'tr r -CITY u; 'COVNC rrrrr..~~ r.~_rr•wr~'~ I .n,1\ ~ f t ~r a1 CI r. 6 1 ~ • c i M ti r 3 r f it NL) t I ORDINANCE NO. AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive sealed proposals for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and j WHEREAS, the City Manager or a designated employee has reviewed and # recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "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: i SECTION I. That the numbered items in the following numbered bids for i materials, equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and approved as being the best responsible proposal j for such items: I ~ 1 E RFSP ITEM NUMBER NO. VENDOR AMOUNT 1595 ALL ON-GUARD INC. $23,910.00 i1 t SECTION 11. That by the acceptance and approval of the above numbered items o the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Invitations, Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted Items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, end awarding of the proposal, the City Manager or his designated representative Is hereby authorized to execute the a written contract which shall be attached hereto; provided that the written contract Is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained In the Proposal and related documents herein approved and accepted. r Y 1} 94-©O 4 IV- SECTION IV. That by the acceptance and approval of the above numbered items o the submitted proposals, the City Council hereby authorizes the expenditure therefor of funds j written contract made pursuant tance with the hereto as authorized herein. or pursuant to SECTION V. That this ordinance shall become effective immediately upon its passage and approval. it PASSED AND APPROVED this _ day of , 1999. BOB CASTLEBERRY,MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY 1 ! k f4 ~l i ,y ~I1 r Y4 . '.1 r r , I DATE: MARCH 22119N t CITY COUNCIL REPORT TO, Mayor and Members of the'City Council - FROM. Lloyd V. Harrell, City Manager ^3.3af'S SUBJECT: RPSP # 1595 - CONTROLLED ACCESS LOCKS } RECOMMENDATION: We recommend this proposal be awarded to On-Guard Inc. In the amount of 23,910.00. and SUMMARY: This "high tech" Request for Sealed Proposal (RF~~is to tfurnish he Denton openings natal a controlled access system for specific doorway nstal locks Municipal . These Law Court Cleke Municipal Judge, Human Res urcesiand Information S rvicesrareas as Court , well as the west entrance exterior door. This is a card key system similar to the system currently in use at the Municipal i Building. ! Proposals were received from six (8) qualified suppliers of security systems. On-Guard Inc. was selected based upon the criteria listed in the RFSP. I 5% { 1, Ability to meet our time schedule 45$ 2, Total cost of the project 25% 3, Training of City of Denton Staff 5% 4, Future expendability of the System BACKGROUND: Memorandum from Gary Collins, Director of Information Services, cost oompa .don sheet. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Security of the DMC Building ands occupants and users o that sci ty. FISCAL IMPACT: Funds for this contract will come from DMC funds. Account 0449-032-DMC1-9345-9101 $169741.00 .00 0245-032-DMCI-9345-9101 23,910.00 TOTAL Resp tfully sub ted: L . Har 1 y' City Manager p rov r. atne: om D. Shaw, C. M. Title: Purchasing Agent r 5. j s C. } 4 f { CM of pENTM TEXAS 215 E. MCKINNEY/ DENTON, TEXAS 76201 /TELEPHONE (817) 566-8200 M 4 R A N D U M DATE: March 15, 1999 T0: Lloyd Harrell, City Mannger FROM: Cary A. Collins, Director of Information Services SUBJECT: Controlled accessed Doors at DMC i I a.a recommending that the City of Denton award the RFSP 1593 for controlled accessed doors at DAC to OS-GUARD Inc. This system will not exceed $25,000 for those doors specified in RFSP 1595. The response from 0\'-GUARD Inc, was the lowest of the sb\en responses we received on RPSF 1595. This system will allow us to control and monitor the individuals that have access to sensitive areas of the rooms awhere sco nfeidPolice DMC. Property RsoomSe the sensitive Room, "dated such t files are kept. ( If you have any questio s regarding this RFSP or I cr.n be of any further assistance please give me a call. Gary Collins Director of Information Servicea r., lY 51 ~ ik r4 j: rr U M C: CONTROLLED ACCESS RFSP 1595 I VENDORS CENTRAL 1 ON' I SENSOR ALERT ! ALERT { P ALARM I ADT GUARD ' MATIC CFNIRE i CENTRE 21 CSI Central Readers omputerSystem 16,6751 41220 1,350 9,104 1,685 2,685 1,9351 19,6921 28,208 18,000 j 4,123 20,2351 26,064 1,967 i , Cabling 5,570 3,270 3,9751 2,850 2,0111 2:0111 8,436 Cards 1,1481 435 585; 447 585 795 878 IMlsc Hardware, Magnets 6,226 ~ 1,020 35,379 26,501 TOTAL SYSTE 49,310 31,153 23,9101 51,9021 26,5161 11,555 39,716 i Electronic Tags are used Instead of Electronic Cards INDIVIDUAL READER- 940 1,924 l 1,381 i 549 1,065 1,371 104 INDIVIDUAL CARD 7.65 2.901 3.90 2 98 3.90 5.30 5.85 j CABLING POLICE 2,345 1,4201 1,600 960 847 847 3,552 ! CABLING COURT AREA 1,759 1,000 1,100 840 635 635 2,664 t I CABLING IS 586 200 475 350 212 212 888 CABLING H R 586 500 405 350{ 212 212 888 CABLING WEST DOOR 293 150 395 3501 106 106 4441 _ iv rs 4 P 1. _ / Qy i i4 ..r..-..~.-_.._..._ _ ..............w<c+,:r.•r.r~".,Utirhr:ra4:.wHrUwv{ • r` w ~COUN( II I I r r. II ' if i i I ♦ r A ~ 0 I i - ~ i • I i l • E:%6"XS%ORD%HEALTH. RSK No 0 ['~tt_.~' 2•x`1 is ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DYNAMIC HEALTH 6 PERFORMANCE INC. FOR PROFESSIONAL SERVICES RELATING TO HEALTH SCREENING Ot j EMPLOYEES OF THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. ? THE COUNCIL OF THE CITY Of DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute an agreement `-etween the City of Denton and Dy.iamic Health Performance Inc. for professional services relating to health screening of employees of the City of Denton, under the terms and conditions, contained in said agreement, which is attached hereto and made a part hereof. SECTION 11, That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the . day of , 1993 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: a" DEBRA A. DRAYOVITCH, CITY ATTORNEY e BY: h}, s t r 1 1 SIQ~ i t SERVICE CONTRACT' THIS CONTRACT, made and entered into by and between Dynamic Health & Performance Inc., 6320 LSJ Freeway, Suite 121 Dallas, Texas 75240 hereinafter referred to as the "Contractor" and the City of Denton, Texas, hereinafter referred to as the "City", shall become effective on the date of the last signature of any of the parties hereto. WHEREFORE, for and in ronsideration of the payments and mutual covenant contained herein, and for other good and valuable con- sideration, the parties agree as follows: f I. A. WORK. The contractor shall with this service Contract, the Citye ofo Denton is Human Resources Department's "Request for Proposals", and the Contractor's bid pro- posal, titled City of Denton Employee Wellness Proposal RFP 11597 dated February 18, 1994. Each of these documents are made a part hereof by reference. A copy of each document except for the k bid proposal roposal is in the e administrative hofficesContractor's the Human Resources Department. To the extent there is any conflict or ambiguity between these documents, this Contract shall control. The Contractor shall provide the following requested health screening services: A. Health screening of all eligible, as determined by City, full- time and part-time employees and other eligible dependents, as l directed by city. The screening must be conducted on-site using only registered nurse (s) for administration and interpre- tation of health questionnaire. Blood samples will be drawn by certified phlebotomists. The screening will include the administering the following tests and gathering the following information: 1. Administering a Herth questionnaire which elicits data regarding age, sex, height and weight, history, attitudes, and habits regarding health, nutrition; exercise, drug use, stress, mental health, interpersonal relationships, and w; work. 2. Ascertaining each participant's resting blood pressure. s. 3. Obtaining a blood chemistry from each participant with the 4 following assessments: ,.r a. Total cholesterol b. HDL cholesterol 4 c. Triglycerides with calculated LDL d. HDL/LDL ratio e. Glucose (diabetes) f. Hematocrit (anemia) g. GGTP (liver function) -11- r' T~ 4. Administering a self-administered stool test (age 50 and over and any participant who has a family history of colorectal cancer). 5. Ascertaining each participant's percent body tat. 6. Recording each participant's height and weight. B. individual reports on each participant. Health evaluations shall be reviewed by a physician licensed to practice medicine in the State of Texas and contain a discus- sion of each health factor and the results, interpretations, and recommendations for each test conducted in the health screening. The evaluation should explicitly and succinctly document the potential for health risk of each participant. C. Individual visitations - the registered nurse will personally visit with each individual participant to discuss the results of the health risk assessment. I { D. Provide individual and group health education and literature. s E. Submit monthly written reports of activity and accomplishments to the Director of Human Resources. 6 F. Health risk assessment conducted by registered nurse. During the individual visitation with each participant, the registered nurse is strictly prohibited from referring any participant to be found at risk to contractors, physicians, R specialists, and programs associated with the facility and its corporate divisions. if it is found that significant health risks exist, or if a participant wants a second opinion as to the validity of a test result, he/she should be referred to ( their personal family physician or physician of his choice. If the participant does not have a personal physician, he/she should be referred to a doctor's referral service for assis- tance. G. Prepare a summary report of the City of Denton participants electing to participate in the Wellness Program. Results shall be: 1. Aggregated for each test/health factor against a standard- ized population. 2. Statistics shall be provided for each test/health factor for the City as a whole by sex, age groups of 18-25, 26-35, 36-450 46-55, 56+, and by department and division. -12- fly 5 r , a i e 9 ' ~0 8 3. A narrative shall accompany each factor describing that factor's significance, the City of Denton results, and corrective measures. H. The summary report shall make recommendations of priority needs t based upon the results of the health screening for the City of Denton Wellness Program. I. The Contractor shall submit a cost benefit analysis of the economic and non-economic benefits of corrective measures. I J. The Contractor shall document the financial implications of the health screening and provide data on potential losses and decreased productivity due to chronic health problems, absen- teeism, or accidents. K. The Contractor shall submit an executive summary of the status of wellness among City of Denton employees. Prepare for end conduct presentation to Executives and City Council, it requested. II. COMPENSATION. The City shall compensate the Contractor subject to the terms and conditions of this Contract: Up to 450 participants - $45.00 per participant 451 and over - $43.00 per participant All other services will be provided at no charge. This Contract may be terminated at any time by either party upon thirty (30) days written notice to the other. xu. TERM. The term of this Contract shall commence on the date of the last signature of any of the parties hereto and continue for one year or until terminated. RENEW. Contractor further agrees the city may at its option, extend and amend the terms and conditions of this Contract for 2 successive 12 month terms if the City's City Manager and contractor mutually agree on the amendments and that Contractor's prices for the services do not increase more than 10% for each new term. i. ;y -13- APP004FC z, P I .J r l Y / n r d IV. A. LOSSES FROM NATURAL CAUSES. Unless otherwise ope tureeof all loss or damage to the Contractor arising of the the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution ofthe same, erefrim unusual obstructions or difficulties which may b ustained and borne by the prosecution of the work, shall be s the Contia^•tor at its own cost and expense. exercise reasonable precautions BT shall at Nall times ACCIDENT The Contractor or the safety of employees and others on or near the work site e aand nd s s of Federal , St f with all applicable provision shall comply recautions actually taken and Municipal safety laws. The safety p of the Contractor, d their adequacy shall be the sole res independent lcon ractor. acting at its discretion as an indep IV. PROTECTION )`.GAINST CLAIMS OF SUBCONTRACTORS, EMPLOYEES, AND FURNISHERS OF EQUIPMENT AND aid hold TheCityContractor harmless claims reel that t will defend, indemnify, claims growing out of the lawful demands of sub-contractors, its incurred in the employees, and furnishers of equipment and supplier furtherance of the performance of this Contract. when so desired by the City, the contractor shall furA sh satisfactory evidence that all scobligtions of the nature hereinabove har edg or waived. if the Co tractorifailsd to a sobdo,~ paid, di g at the option of the Contractor, either pay then the City may, directly any unpaid bills, of which the City has written notice, or l ~ withhold from the Contractor's unpaid e any aandnallssuchflawful i deemed reasonably sufficient to furnished that all liabili- claims until satisfactory payments to the Contrac- ties have been fully discharged, whereupon Contract; but# in no event shall the provisions of this sentence be construed to impose any obligation upon the City by either the C Contractor or its surety. V. rve LAWS all Contractor localllawsalordinancesSeand and comply ntract work regulations which any manner affect he hold harmlessothe City again t any and shall defend, in ndemnify, and such laws, ordinances, and claim arising from the violation of any regulations, whether by the Contractor or its employees, agents, or subcontractors. If the Contractor observes that the in olds at variance therewith, shall promptly work, knowing it toibe contrary to If the Contractor performs any ulations, and without such such laws, ordinances, rules and reg therefrom. notice to the City, it shall bear all costs arising -14- 4 APP004FC j i Y 1 . l I ` S t y VI. ASSIGNMENT AND SUBLETTING. The Contractor further agrees that it will retain personnel to control, and will give its personal attention to fulfillment of this Contract, and that it will not y assign by Power of Attorney, or otherwise, or sublet said Contract r without the written consent of the City, and that no part or feature of the work will be sublet to anyone objectionable to the city. The Contractor further agrees that the subletting of any portion or feature of the work or materials required in the per- formance of this Contract shall not relieve the Contractor from its full obligations to the City as provided by this Contract. VII. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City and Its officers, agents, and employees from and against all damages, claims, losses, demands, liability, suits, judgments and costs, including reasonable attorney"s fees and expenses arising out of or resulting form the performance of the work, provided that any such damages, claims, losses, demands, suits, judgments costs or expenses: (1) Are attributable to bodily injury, sickness, disease, death, or injury to or destruction of tangible property including the loss of use resulting therefrom; and (2) Are caused in whole or in part by any negligent act or omission of the Contractor, subcontractor, or anyone directly or indirectly employed by any one of them or anyone for those acts any of them may be liable, regardless of whether or not it is caused in part by a party Indemni- fied hereunder. VIII. INSURANCE. Without limiting any other obligations or liabili- ties of the Contractor, the Contractor and each subcontractor, at their own expense shall, during the term of this Contract, purchase and maintain the hereinafter stipulated minimum medical malpractice insurance with companies duly licensed to do business within the State of Texas and rated A- or better by A.M. Best. Certificates of each policy, together with a statement by the issuing company that said policy shall not be canceled without thirty (30) days prior notice being given to the City of Denton, shall be delivered to the City of Denton before the subject of this Contract commenc- es. The limits of this policy shall be a minimum of $1,000,000. Such policy shall also name the City as an additional insured. -15- APP004FC nsa;~ i s i f t I IX. HINDRANCES AND DELAYS. No claims shall be made by the Contrac- cause dur for damages progress resulting anyr portion of ether wodelas from rk embr embraced any this during the he Contract. X. NOTICE. Arty notice or other written instrument required or of this permitted to be delivered under whh thersactually renceivedsorln to deemed to have been delivered, prepaid, req- when deposited in the United States mail, postage sses: istered or cirtifiiesd~heecase may bet atgthetfollowing addressed to Con- , tractor or c y~ Ai t: i ~ y{ A J + t~w Y. fppM .W -16- ;i F •ia , .f APP004PC 1 y FI. i ? A ' f : f1 :.9 O~ i CONTRACTOR CITY i ~ City of Denton, Texas Dynamic Health & Performance, Inc- City City Manager Attn: Rebecca Bender inney 6720 LBJ Freeway, Suite 121 215 E. Denton, McKcK 76201 Dallas, Texas 75240 sending notice Either party may change its mailing address by { of change of address to the other at the above address by certified mail, return receipt requested. X1. THIS CONTRACT SHALL BE BINDIVG UPON THE PARTIES HERETO, their successors, heirs, personal XII. PAYMENT OF INVOICES. Normal payment terms are net thirty (30) otherwise ident days from the invoice receipt date unl minimum of ten (10)ifdays ied ie the vendor and accepted by the City. Ants. All checks are mailed normally required to process all payments. The City may withhold to the vendor and may not be picked performed. payment for services not properly p IN WITNESS WHEREOF, the parties have executed this Contract in the year and day as set forth above. ' DYN TH b PERFORMANCE CITY OF DENTON, TEXAS BY: Q~ BY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: r APPROVED AS TO LEGAL FORM: G DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: The Director of Huma Resources or his/her designee is hereby authorized to execute the terms and conditions of this contract. BY% t DATED: -17- hPP004FC .J l gj op. 4xMY .Cj j y ITY COUNCI s 4 o ~ t ` ~gg 6 4I h i i i AgeadaNo ~~-008 AgordaItom~LS 2E, Nto %5.2,2-94 r~_ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CON- TRACT BETWEEN THE CITY OF DENTON AND STEELE FREEMAN I PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN j EFFECTIVE DATE. WHEREAS, on OCTOBER 5, 1993 the City awarded a I contract for STEELE FREEMAN INC. in the amount of $ „ 2,347,000.00 f and WHEREAS, the City i:anager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local I Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the change order increasing the amount of the I contract between the City and STEELE FREEMAN INC. ' , a copy of which is attached hereto, in the amount of THIRTY ONE THOUSAND FORTY TWO AND 94/100 Dollars 31,042.94 is hereby approved and the expenditure of funds therefor is hereby authorized. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of + 1994. BOH CASTLEB£k..Y, MAYOR E - ATTESTS JENNIFER WALTERS, CITY SECRETnRY s' BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 'ik a a i DATE: MARCH 22, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council 61y-0A FROM: Lloyd V. Harrell, City Manager 74F V SUBJECT: PURCHASE ORDER 140402 - STEELE-FREEMAN 970_~ CHARGE ORDER #2 IN THE AMOUNT OF $319042.94 RECOMMENDATION. We recommend Change Order $2 to Steele Freeman - DMC Renovation Contract be approved In the amount of $31,042.94. SUMMARY: This Change Order Is to do the roof reconstruction for Section A of the DMC building (area over Cooke County College). This section was not included In the earlier roof project since it was not interfering with the ongoing construction of DMC. The other sections, those over the area referred to as DMC, were renovated under a "Rush" situation to avoid construction delay and/or additional damage. Section A was not included at that time since, although badly deteriorated, It was not leaking. The complete roofing project for all sections was estimated to cost approximately $298,831.00. Change Order #1 for Roof Section B,C, & D utilized $242,800.00 leaving a balance of $54,031.00. The change order to refurnish Section A roof leaves a fund balance of $22,988.08. The Change Order #1 roof renovations are about complete and the contractor has offered an even lower price per square foot to roof Section A. His equipment and crews are in place therefore he is able to offer the lower price at this time. This would also assure us of dealing with one single contractor should problems develop. The $31,042.94 is well within the 25% allowed by State Law for change orders. The contractor is charging only 1.15% ($352.42) of the cost for bonding, insurance and AGC. The 1.15% or $352.42 is included in the total cost of the change order. BACKGROUND: Change Order #2, proposal from Steele-Freeman. PROGRAMS, DEPARTMENTS OR GROUPS AFFFOTFt,: Denton Municipal Center and Cook County College. FISCAL IMPACT: Funds to renovate this section of roof are available in DMC funds account #450-032-DMCi-9318-9101. Current balance is $54,031.00. Wspect y submi tte Lrrell City Manager 1 Approved. Name: Tom .Shaw,C.P.M. Title: Purchasing Agent N6.ACtMDA Y i , L ,V , • ay y'eP / 1 REQUEST FOR CHANGE ORDER glD1 -r131g. I np L Proposed change 128 ~dV'SL t Date: March 2, 1994 AU j/~y ' •7 DOf/ !r;1r..3PJo Job Name: DENTON MUNICIPAL COMPLEX ~t7crit 4 Job Number: 2615-1 Description of change: s Add to re-roof Area "A" per RHS C.O. 13 dated February 25, 1994. WORK ITEMS QTY UNIT RATE LABOR MAT'L EQUIP SUB Roofing Subcontractor : :27,900.00 : : i ; t :27,900.00 27,900.00 SUBTOTAL At D, C, D ' (E) LABOR BURDEN 401 OF A 0.00 0.00 (F) TAX ON MATERIALS 09 27,!00.00 SUB-TOTAL 0.00 Contractors fee 101 of A,B,C,E,F 2,790.00 Contractors tee 101 of D 300690.00 k SUB-TOTAL 352.94 ?F' r BOND, INSURANCE & AGC 1.151 31,742.94 TOTAL CHANGE TO CCNTRACT (ADD) rye. f • f a y $ry ~ '._46su . 1 1 1♦ CITY_ w COUNCI o s 11 ~ y• 0 4b t} a 6 Wo_ i~Ie 3•,2Z-9~f ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR- CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN'EF- FECTIVE DATE. . i WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, f includingt items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the ma- terials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the following purchases of materials, equip- ment or supplies, as described in the "Purchase orders" attached hereto, are hereby approvedt j PURCHASE ORDER NUMBER VENDOR AMOUNT i 43435 FORD HALL CO. INC. ;15,388.60 {f~ i SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. 9lSECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. J ` • ` w•n~ i i r i 91 ^ cJ f SECTION IV. That this ordinance shall become effective immedi- ately upon its passage and approval. j PASSED AND APPROVED this the day of 1994. r t i BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i• F i y A-gy'p'+W 7:: Jti•.a r,..:.r,:vt . flf DATE: MARCH 229 1994~J CITY COUNCIL REPORT TO: Mayor and Members of the City Council ' _jo FROM: Lloyd V. Harrell, City Manager ~b SUBJECT: PURCHASE ORDER # 43435 - FORD HALL CO. INC. RECOMMENDATION: We recommend Purchase Order 943435 to Ford Hall Co. Inc. be approved in the amount of $150388.00. SUMMARY: This purchase order is for the purchase of an automated Algae Sweep devise from Ford Hall Co. Inc. The devise or system will be installed on one of the final clarifier units at the Waste Water Treatment Plant. The intent is to eliminate the current labor intensive hand washing currently associated with algae removal This unit is a sole source acquisition protected by specific patents manufactured by and sold only through the Ford Hall Co. As a sole source for a proprietary item this algae sweep automation system is exempt from the competitive bidding laws. (Texas Local Government Code Chapter 252 Section .022 7A). Public Utility Board recommend approval. BACKGROUND: Memorandum from A.E. Nelso,•, Executive Director of Utilities to Mayor and Members of the Denton City Council PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Waste Water Treatment Plant. FISCAL HeACT: This purchase will be funded from 1993194 budget funds account number 9625-082-0470-8502. 4Resp fully s tted: A V. Harrell r City Manager Approved: ~ dame: Tom . Shaw,C.P.M. Title, Purchasing Agent ' i' , . 11h60tMDA a. R t DATE: MARCH 22, 1994J~J CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER 1 43435 - FORD HALL CO. INC. s RECOMMENDATION: We recommend Purchase Order 443435 to Ford Hell Co. Inc. be approved in the amount of $15,388.00. SUMMARY: This purchase order is for the purchase of an automated Algae Sweep devise from Ford Hall Co. Inc. The devise or system will be installed on one of the final clarifier units at the Waste Water Treatment Plant. The intent is to eliminate the current labor intensive hand washing currently associated with algae removal. This unit is a sole source acquisition protected by specific patents manufactured by and sold only through the F-jrd Hall Co. As a sole source for a proprietary item this algae sweep automation system is exempt from the competitive bidding laws. (Texas Local Government Code Chapter 252 Section .022 7A). Public Utility Board recommend approval. BACKGROUND: Memorandum from R.E. Nelson, Executive Director of Utilities to Mayor and Members of the Denton City Council 1 I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Waste Water Treatment Plant. FISCAL IMPACT: This purchase will be funded from 1993194 budget funds account number #625-082.0470-8502, ARespfully s tted: Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 17i.APd~DA i.. GS f Si t,4 , y { 1994 March 22, 9u-008rr.~ CITY COUNCIL AGENDA ITEM TO., MAYOR AND MEMBERS OF THE DENTON CITY COUNCIL C~ FROM: R.E. Nelson, Executive Director of Utilities THE AMOUNT OF SUBJECT: SWEEP D FROM APPROVAL W F O THE HALLP CO.SINCE N AUTOMATED ;15,386. 1 RECOMMENDATION: from installed automated ,Ithe ncpurchase Staff llrecommends one final Ford W, Ha clarifier. I BACKGROUND\SUMMARY: z curralgaently The Wastewater Treatment Plant and operations spends a great deal of manpower from the final clarifier weirs to An maintain aautomatehydraulic process uniformity and prevent short circuiting. for removing algae has tremendous potential to reduce manpower and chemical coat associated with this maintenance. E Additional benefits would also include s fey by the chal eliminating slips and falls and by reducing exposures. The Denton operations foreman (tarry Taylor) recently visited the Whites Creek WWTP (a 12 MGD facility) to observe the actual p the and co nversation algae sweep. Based on his observations with the PPlant Tucker) ' we alternative theexialgae aninq and will provide a reasonable payback sweep ` methour operation. for PROGRAW DEPARTMENT OR GROUPS AFFECTEDs e City of Denton Citizens, Department of Denton Public Utilities i s V. r A. ` ~ a w..nv:y Y e ~i`a~ F..'. Ftrs / f ¢Eey } nP m FISCAL IMPACT: Algae removal on final clarifiers costa the operation approximately $4,212 per clarifier per year. Based on a expected. price of $15,388, a pay back of 3.65 year would be } ~ Res~ctfy~l matted, K.E. Nelson, Executive Director Department of Utilities Prepared by, Howard Martin, D r ctor of Environmental 0 rations 3 S~6 f Exhibit I: Algae Sweep Brochure - I I i 4 . t f ~ f O1\wP91\PU8AG1ND\ALOAE94 r ~ r a, ~ 1 tr~1 1~ bK SY i a t. R y' , M i f F ,a f i PURCHASE ORDER NO: 43435 THIS IS A This number must appear on all CONFIRMING R invoices, delivery sups, ewes, OF MARKED)"' cln9, boxeses, packing slips and bills. DO NOT DUPLICATE ED Ildle'. 3-14-94 Pa<,le No, Rea. Na Did Nu TEXAS PURCHASING DIVISION 90 1 OF OTEXAS FN SUNf / DENTON.IEXAS 76201-4354 8171383-7100 DIFW METRO 817,1267-0042 FAX 8171382-4692 VENDOR e NAME/ FORD HALL CO. INC. DELIVERY CONFIRMATION ONLY ADDRESS F O BOX 54312 ADDRESS WATER RECLAMATION LBXINGTON, KY 40555 1100 MAYHILL DENTON, TEXAS 76201 VENDOR NO. HAL50010 DELIVERY DUCTED 3-30-94 FOB DESTINATION BUYER TS TERMS y 001 1 EA VENDOR CAT. IF SBSNL-001 MFG NAME CITY i 89065 ALGAE SWEEP AV1'ORATION UNIT 15,388.00 150788.00 % ~ I r i f i l ~ I PACE TOTALS 15,388.00 GRANn TOTALS 15088.00 00 625 082 0470 8502 I' 15,388.00 VFa•~e~ry~ NSTMIC]IINS 34 Ferns Net 30 aww.. ,..,w.AI ti ietM kl~inal i~YNC1 WA 041i" copy. ~ 4. Srippinp inslructionx F.0,8. Destination prepaid uw,..M...,. { bf kcw&ds payable S. No lederal or stile sales us shall be included 115 L win" st ; in P ices billcd purchasing ais on UMW iK J1t1.4l99 j PURCHASING !i, Y 16 41 =COUN( rr 4k ♦ I i V • r l L `vf. .ti 1 i t 5 r~ 4 AardaNo 9 c~o8 Agonda'lem. L-O lv C_. ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 92-0190 the State Purchasing General Services Commission has solicited, received and tabulated j competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission purchasing programs at lest cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are hereby accepted i and approved as being the lowest responsible bids for such items: 1 PURCHASE ORDER ITEM NUMBER NO. VENDOR AMOUNT 43439 ALL DICTAPHONE INC. $60,414.00 SECTION II. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standarus, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. .s t ' i 4 S 04( g_ef6 SECTION III. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached heretol provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and , accepted. I SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: 1 JENNIFER WALTERS, CITY SECRETARY i SYS { APPROVED AS TO LEGAL FORMI a I DEBRA A. DRAIOVITCH, CITY ATTORNEY BYt '°fr' t DATE: MARCH 22, 1994 CITY COUNCIL REPORT - 7 q - TO: Mayor and Members of the City Council h~ 7 FROM: Lloyd Y. Harrell, City Manager 7 0>'b i ~ or b SUBJECT: PURCHASE ORDER t 43439 - DICTAPHONE CORP. RECOMMENDATION: We recommend Purchase Order $43439 to Dictaphone Corp. be approved in the amount of $60,414.00. SUMMARY: This purchase order is for the acquisition of a Dictaphone Prolog. 32 channel, dual drive recording module and associated DAT cartridges, play back modules, digital call checks, installation and service contract. The price includes a trade in of our old obsolete recorder currently used by the Police Department. The new unit will record all calls coming into the Police Department and replace the older unit. It is being Installed as a portion of the relocation of the Police Department to the new DMC facility. The Dictaphone Prolog System and all accessories are listed in the State of Texas General Services Commission Catalogue. By utilizing the State of Texas Contracts we estimate a savings of near $25,000.00 over original estimates. Utilization of the State Contract meets all requirements for competitive bidding laws. BACKGROUND: Proposal from Dictaphone Inc. PROGRAMS: DEPARTMENTS OR GROUPS AFFECTED: Police Department. 1 FISCAL IMPACT: Funds for the acquisition are available from the Certificate of Obligation previously approved by Council for upgrade of Law Enforcement Commurication facilities. j Reap', lly sub tted: ! Lloy4 V. ar e City Manager Approved: i Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent l1l,AOpIDA z n . a^ f Mail f f 791 Dictaphone Arr J' ~7 A Pitney Bowes Company _`rl ' March 4, 1994 " y 3 3 Sergeant George City of Denton Police Department PROLOG 32 CHANNEL RECORDING SYSTEM F UANTITY MODEL DESCRIPTION INVESTMENT 1 1902-032 32 Channel Dual Drive Recording j Module $40,940.00 1 9905-5 Workstation 6,170.00 1 159415 Instant Playback Module 30 Hours 1,705.00 30 869942 90 Meter DAT Cartridge 960.00 10 869943 DAT Cleaning Cartridge 230.00 r SUB-TOTAL $50,005.00 LESS: TRADE IN ALLOWANCE - 21500.00 INSTALLATION TO PROVIDED CONNECTION POINTS 699.00 FIRST YEAR ASSURED PERFORMANCE PLAN 29307.50 TOTAL SYSTEM INVESTMENT $500512.50 OPTIONS 1 7061-C 500 VA/350 W UPS 16196.00 INSTALLATION 103.00 FIRST YEAR ASSURED PERFORMANCE PLAN 104.00 1 rr. ts. 1 ~9 ~ e4 i i • f+l 1~1 J, r V9 n f , V • lI.YPy. rd I L6 Dictaphone A Pib*Y Bowes Company March 4, 1994 i Sergeant George City of Denton Police Department SERIES 5700 DIGITAL CALL CHECK t INVESTMENT QUANTITY MODEL DESCRIPTION 5712 Five Minute All-In-One $8745.00 5 Digital Call Checks INSTALLATION TO PROVIDED 330.00 CONNECTION POINTS 827,50 FIRST YEAR ASSUR£6 PERFORMANCE PLAN TOTAL SYSTEM INVESTMENT $9,902.50 1 j I ~ I 1 1 I Ik I . s!~ t i a ~1P t ~ .i tz it { y~ yYY e h +Yy a ss r I r p PURCHASE ORDER N0: 43439 ]"IS IS A This number muss appear on all CONFIRMING ORDER I invoices, delivery slips, cases, D Ikf MARKED/ I` ctns., boxes, packing slips and bills. DO NOT DUPLICATE l Reg No. fled Nu. Irak• 3-14-94 V>'11' Nit i CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-B TEXAS STREET ! DENION. TEXAS 76201-4354 817/383-7100 07FW METRO 817/267-0042 FAr. 817/382-4692 t v VENDOR NAME/ DICTAPHONE DELIVERY CONFIRMATION ONLY ADDRESS REBECCA BERRYMAN ADDRESS POLICE DEPARTMENT ff 6800 MANHATTAN BLVD DMC CENTER k STE 200 DENTON,TEXAS 76201 FT WORTH, TX 76120 BUYER TERMS VENDOR N0. DIC49502 DELIVERY D{)DFED-30-94 FOB DESTINATION TS i , 001 1 FA VENDOR CAT. 1 N/A MFG NAME CITY 1 91507 DIGITAL AUDIO RECORDING SYSTEM W/TAPES 6 INSTALL 50,511.50 50,511.50 002 5 EA VENDOR LAT. I N/A MFG NAME CITY 1 91507 3 SERIES 5700 DIGITAL CALL CHECKS 1,~8}`OQ 9.902.50 Fj V j PAGE. TOTAL 60,414.00 ` GRAND TOTAL 60,414.00 r 001 CERTIFICATE OF OBLIGATIONS 50,414.00 YE14-M-4 fHS/AUCi101 3. lerms Net SD 14 s Hirw Irtrok4 with dvolkale copy. i d. S 9V ^p instructions F.OD Destination prepaid "I.,, r L II ♦♦p AtcmarFts PaYSbA 5. No federal or slelt sales taa shill be Mxlwled Pur Its s. Mckimelr St in prices billed chasing 'vision 04"bil iK 16201•/299 PURCHASING l j y Xi~. A f1 i y' =CITY. ',.,COUNCI *too ~ M1 4 p O ♦tc ~ t~~ ,t AgendaNo 24. 008 c),I 2,Z C O-M IL REPORT FORMAT /'Y'T March 221 1994 DATE: Mayor and Members Of the City Council T0: FROM: Lloyd V. Harrell, City Manager SUBJECT: Easement Abandonments DISD West Campus Commission ment Review Committee and Planning and Zoning The Develop recommends approval. ~nsrKGROUNDs pro osed plat illustrates the easements for p p The attached Bill Coleman, on behalf of the Denton the, easements abandonment. ested that the City abandon latting the School District, has requ rocess of rep ned were shown. The school district is in the p property. The utilities in the The QdBementsbsshould. been removed and relocated long a9°' riway their abandoned before construct and de icatingl building D.I.S.D. will n granting We consider these dedications to be fair compensatipending on repla for the requested abandonments. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Utility Department, EngineeringlROW, DISD ercrtr IMPACTZ 4LIoydV- SUBMITTED None rrelr , Prepared By: r, Pau W amson ii/ROW Engineering Tech Approved: at ! Transportation J 18 L ineering & p e Eng AEE0029C/12 j , • l J e e colic NY 1 w 5er low -A D WORN J ) wDKAm RAI CALL ~ i70AD AY 1 flRoPrb ANNC I Z WSW s p t N I T V MAP Chi 74'SS'06•E G•3Q41'OS NO SCAU 9 .94 q.246.67 Z I I L■13]Y6 1 /f/tr of + _S ~•yy wuou ruv roc. Huse Truro I I I1 t 7 e r 1I Ch 3.70 OSE /100/%311 1 ■ n r■ ;~~f~ u~■ e n ■ n r n I I { k ~ 1:~ I I' I I Ij 1 L _ " I 1 14 - 1 s ■.M. wr - YM_ a r.- _ - _ - - tr ws 1 6 6 C i 3 7 I /A17ff M 1.37.1. 1 A 1 + I j 1 tl M 1 I I p ~6KHI01T' a~ E ~I F- 1 ~nVr.1/ { t aN 3n ...ew j1 FLO( K d, tamp yy ■ m l ~ LOT I BLOCK A 16.416 AD by 7nror 1 laur to 1 x1 SSJJ~1 + SS( so" I r 7u1b111 I 1 L+ J /fflAV Y I11.1. , . iRLrt1E ruUr.f= aw■ ~.tt I= IN YNNi AMA I a NNdo 6A Ga41ftO t 6~ EAST ~y f ai WA tN REP o magamp Do 3 -ji Rw7r lewnr r' cssscsNS ~ 1 aa~o -ea~+ow n INDlN 9(IP ( { WMAres PLAT CALL t IROAD A IQRo~ ,A1OHe Dl 9 s R=Mew .AgA~00+tJN1~NT 14 I r,IrY YAP 1=101.13 Z p Ch=9705'0fE A0941'OS Flo suu 9.94 I `=44.26 CM L-1_g74' fktE rOLLrPAU APO. rNI" FWNS ` ~>orr X6 r rvrrtr! I 1171.70 1 l ru .ur 1 I1 I{ I~ r ■ M: ■ tl 11 r 11 1. I 1 I • 11 ~ ~ I I 1~ I t W , . 1J opgo ~ Iee ever a - If, o+ ri. ,uarL to rsr.a , i ~rua • ~ _ "Grp - _ - _ ~ -r r - - - - , r.e~/r. rnI I I t!A'C' e ~ ` j J I ~ II itrervT+ l r t ~ r H 141 r 6" ft' Mr ~--1-r :.1- -l:. I r.+Wa+ qM rt rra=e w rw IR I F LO( i j a wA• Ou ~ _ it yy o ww. 7 LOT 1 w ■ 1w=r■± y~} I` JJJ I bLOC3 Ac real'>KwooL I inter r Ileur a e rr{j PANO " ~ ~ > real ratooL rueoela 1 ~r rurrr a rsrs. ~ ~ rJre/kJt• 'x'r ....~..m.fQ' 11 IN YN+Iy 041% r~ II µ%u. 6! CAIMIP WA IN ROPLAT ■ i w ~ PAM ° - - - roar rcr~ni .w I , Z , a r, Planning and Zoning Commission 3t February 9, 1994 Minutes Page 9 Subdivision, Phase 1. Mr. Cochran made the motion to approve the final plat of Lots 18-27, Block At Lots 41-461 Block 36 of the Southridge Oaks Subdivision and the final replat of Lots 28 and 29 into Lots 28A and 29A of the Southridge East Subdivision, Phase 1, with the three conditions. Mr. Norton seconded end the motion carried (4-0). vIII.Cons ideration of the preliminary plat of Denton High School- West Lot 1, Block A. The 16.284 acre site is located on Bryan Street, Crescent Street, and Fulton Street. Staff Report: given by Debra Goodwin. Ms. Goodwin explained the request was for a preliminary plat of 16.284 acres located on Bryan Street, Crescent Street, and Fulton Street, Current zoning is SF-7. There is to be a sidewalk installed along Bryan Street and the installation of five new fire hydrants. No street improvements will be required. Several easements will be abandoned with the replat. Some of the easements will be abandoned with the plat, others are to be abandoned by separate document. There was a variance request presented to the Traffic Safety Commission. The variance had to do with the proposed geometry of the parent drop off on Fulton Street. The Traffic Safety 1 Commission recommended the layout be changed from what was included in the back-up to a drop off area only. There will be no parking spaces allowed. The plat will have to be revised before being submitted to the City Council. Recommendation: The Development Review Committee recommended approval with the changes recommended by the Traffic Safety Committeu. Mr. Norton made the motion to approve preliminary plat of Denton High School-West Lot 1, Block A. The 16.284 acre site is located on Bryan Street, Crescent Street, and Fulton Street. Mr. Cochran seconded and the motion carried (4-0). IX. Easement abandonment Denton West High School. Staff Reports given by David salmon. Mr. Salmon explained that the easements to be abandoned were originally by separate document, so they had to be abandoned by separate document. The easement on the right side of the plat was a utility easement with a sanitary sewer line that was removed years ago. The high school was built on top of T w a. .3e i r 08 _q_q_ Planning and Zoning Commission February 9, 1994 Minutes Page 10 the easement. The easement on the other side is an electric easement. The lines were removed and been placed in another easement. Mr. Cochran made the motion to approve the easement abandonment at Denton High School West. Ms. Russell seconded and the motion carried (4-0). X. Hold a public hearing and consider an ordinance amending the zoning ordinance concerning the organization and functions of the Board of Adjustment. Staff Reportz given by Frank Robbins. Mr. Robbins explained that he was bringing back the ordinance that was discussed at the prior meeting. He said the concerns were over section 35-48 of the toning ordinance dealing with the Board of Adjustment. He pointed out page 63 of the back- up. He went over section A and pointed out that the words interested property owner would be deleted and it would say (an aggrieved person instead). That will be the same language used in the State enabling legislation with respect to an appeal of an administrative officials determination. In Favors none in Oppositions none Mr. Cochran made the motion to approve an ordinance amending the zoning ordinance concerning the organization and functions of the Board of Adjustment. Mr. Norton seconded and the motion carried (4-0). XI. Consider a resolution concerning the Sentry landfill. i Presented by Mike Cochran, Vice-chair of the Planning and I Zoning Commission. Mr. Cochran said he and Barbara Russell worked on the resolu- tion together and submitted some suggestions for a resolution from this board concerning the Sentry landfill. He stated these suggestions wore probably not exactly what he had in mind but wanted to offer them up for the sake of discussion. He also stated he was prepared to make an alternate motion and provide a greatly simplified version of the resolution from the Planning and Zoning commission and that it would be stated, and he 'could offer that up for discussion, that the Planning and bZo.Ang eing sed to the Sentry environmentalnlagoes on ndfill record as being opp oppo F t f £:\I'PDDCf\ORD\YIICATE.fff n~~.C . ~ _ saw ORDINANCE NO. AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY EASEMENTS RECORDED IN VOLUME 363, PAGE 522 OF THE DEED RECORDS OF DENTON COUNTY. TTEXASr EXAS, DEED DENTON VOLUME PAGE PAGE0387H OF THE DEED RECORDS OF DENTON#COUNTY* AND VOLUME UME 4311 TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Bill of certain Denton easementsi andrict, for Col Dist ttheeman, on belf of the WHEREAS, the City Council of the City of Denton has determined I that the easements being vacated are no longer needed for public use; and WHEREAS, the fair market value of the easements ents h a of been determined and received, as required CODE sch. ect 2 art. IV. (th Local Government Code and DENTON, TEX., NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: AECTI N I. That portions of the sewer easements recorTe in Volume 363, Page 522 o523h of tt Records of of Denton County, County, and Volume 363, Page Texas, as described in Exhibit "A", attached hereto and incor- porated herein by reference, are permanently vacated and extin- quished as easements for sanitary sewer lines. i fiLCj ON Ii. That the easement recorded in Volume 431, Page 387 of the Dead Records of Denton County, Texas, as described ncen Exhibit "B", attached hereto and incorporated herein by refer* is permanently vacated and extinglAched as an easement for public utilities. ~rriO~-___N IIY, That by reason of such vacation the City of Denton's property interest in the easements shall be operation of this easements ein law, revert to and theh City of Denton abutting and all claims torthe abandoned and use of the property as an easements for public utilities. SEC ION IV. That this ordinance shall become effective immed- iately upon its passage and approval. I 1 ;'a, I v e ~ kwxa~ } q -oo 1994. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR Y ATTEST: f JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOV_ITTCB, CITY ATTORNEY Y~ f ti. fib ,I A_ . Ir PAGE 2 yYCy~ s LWIA, ' tl e'qY is M~Y ~ . - 1 . S JE. i! F f 8X$IBIT A r . 70~~ parcel of land lying and being ALL that certain lot, tract or of Denton, Texas in the Robert situated in the City and County art of a tract described Beaumont Survey, Abstract Number 31 and p Bank by easement deeds from Fir it VState olume 363 OfPaget n# Texas toDeed he city of Denton, recorded n j 522 of the a C. Bishop and T.J. Records of Denton County, Texas and from Georg a 523 Of Ready to the City of Denton, recorded in Texase andf being more the Dead e particularly described as follows:ounty, COMMENCING at the intersection of the west line of Fulton street being the northeast and the south line of Crescent Street, same of j corner of Lot 1, Block 17 of the a 3211 of the Deed Records Filing, recorded in Volume 380, Page Denton County, Texas; Fulton distance of street, THENCE south along POINT OF BEGINNING,fsame poi t being a 25 feet south 191 feet to th northeast corner of an so acre ract described in of a the deed most dated easterly August 20, 1949, executed by Mrs. Scripture, Addis Rodgers, said deed being recorded Charline S, Rodgers, and James S. Rods in Volume 352, Page 444 of the Deed Records of Denton County, Texas; THENCE south along the west line of Fulton Street a distance of 20 feet to a point for corner; f 433 feet to THENCE north 890 west a distance o a point for corner; point for V1ENCE north 000 301 east a distance south 209. of 03 f et to aSpoint and whose corner, said point lying on the line left distance being the beginning of a non-tangent curve to the and central angle is 03„ 290 07814 feet] chord bearing n of south 770 5153 west, 15 the south line of THENCE southeasterly are along di said 4. er of 15.14~feet to a point for Crescent Street, corner; THENCE south oae 30 west a distance of 186.11 feet to a point for " corner; z., THENCE south uand containing .26 acres of land feet to the POINT OF 8E a a 4f. i i Q ev, 1 -i BygIBIT B Of land lying and being tract County or P of Denton, State of Texas, in the ALL that certain lot parcel 31 and being all of a tract situated in the City and Abstract Number independent school District Robert Beaumont Snrvey, 38y of the Deed m particularly described by easement recorded in Volume 431, page to the city of Denton, Texas and being more P Records of Denton escribed as follows: unty, Lot d BEGINNING at a point 20 feet nrgchool Additorthwest ion to City City Corner of corner of Denton, enton It Block 35 of Extension of High deed from John K. Roady Texas, and said beginning point being the rords of tract of land described in a of record in the 12Deed Re4 02 feet west of Independent School Disaidcto o ning point being Denton County, Texas, be,jin the west line of Fulton Street; East lira oa Bryan Street, Point the Independent School District; THENCE North 500 feet along being the northwest corner of Denton of said school property THENCE East along the north boundary 600 feet for a point for corner; THENCE South 10 feet for a point for corner; ~ point point being 10 feet south and 10 THENCE West 590 feet for a p feet east of the northwest corner of school property; swhich of a 20 fO THENCE South 494 feet to te of north Block135 of said extension of Hi alley gh J I lies immediately north School Addition to the City of Denton; feet to the east THENCE West along the north line of said Alley 10 line of Bryan Street to the POINT OF BEGINNING, j 4 s L e*~.. jt : i CITY COUNC I i 4 ~ t 4 ~ . 0 M ri.r,,.•rr. e r Ag4~J3No , 7 s A~n;~itam CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Ordinance to submit application for and accept for public Federal Transit Administrati Transportation nsport DATE: March 22, 1994 i RECOMMEND AI'_ION : the City That the City Council pass the ordinance authorizing ndfor for public transportation Federal manager to submit an application Transit Administration (FTA) Denton. BACRGi ROB Based on the proposed Section 9 funding request, SPAN will continue to operate demand-response transportation and five fixed routes for includes wo newt public transportation. In addition, the request he ublic trolley lift-equipped vehicles and replacement signs for the p system, j submit a Section 9 grant application icatio 1I Staff recommends that the city which includes $40,167tapanningt 1 items ng# aandf $166#752 capital funds. i capital vehicles for ;422,189 ating, include $161,600 ofefor the tunds for two rolley routesift-equpp and replacement signs funds also are 8 tiatic cationnforrtheaozone (Ale4t Program. This The $5,152 Congestion Mli listed on the grant app ro ram on the public system on Ozone rant application is the reduced fare (250) P 9 Alert days. This must be included in the FTA g t the 4 although the funds will a tFTA e tTheBFTAradvised the City Of Highway Administration to the the entire amount the first year of the three- Denton to apply for year program. 5 I i a 7 The matching portions of the grant are required in the following proportions: Federal state City Planning 801 131 71 Capital 801 133 71 Operating 501 251 251 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: ADA-Eligible persons, public transportation riders, SPAN staff, various City departments FISCAL IMPACT: City staff will be requesting CDBG funds to make up the difference between general fund dollars and local match needed. This difference has been made up of City staff dollars to be used for local match. City staff time will continue to be kept and will be used if CDBG funds are not allocated. This match will be used to reduce the cash obtained from the general fund if CDBG funds are allocated. The transportation allocation will be proposed in the City's 94-95 budget and will follow the normal budget approval process. If this amount is not allocated, then the matching amount of federal dollars will not be available for transportation in the Denton urbanized area. j The attached spreadsheet shows the actual dollar breakdown in planning, capital, and operating funds and detail of the local match. The second spreadsheet is a line item budget of expenditures. Please let me know if I can provide additional information. RESPECTFULLY SUBMITTED, yd V. Harrell City Manager Prepared by: Catherine Tuck Administrative Assistant l t E d AAA0046F 3 -day ORDINANCE NO. AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, such as the City of Denton, including an obligation to provide the local share of the project costs in the program; and WHEREAS, the U.S. Department of Transportation requires, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Pet of 1964 and the Department of Transportation requirements thereunder; and g WHEREAS, it is the goal of the applicant that minority business enterprises be utilized to the fullest extent possible in connec- tion with this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have maximum construction contracts, supplies, equipment con- tracts, o.r consultant and other services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I $~CTION I. That the City Manager is authorized to execute and file an application an behalf of the City of Denton, Texas, with the U.S. Department of Transportation to aid in the financing of planning, capital and operating assistance projects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. SECTION II, That the City Manager is authorized to execute and file with such applications an assurance or any other document re- quired by the U.S. Department of Transportation effectuating the b purpose of Title VI of the Civil Rights Act of 1964. fiSCJION III._ That the City Manager or his designee is authorized to furnizh such additional information as the U. S. Department of Transportation may require in connection with the application for the program of projects and budget. SECTION IV. That the City Manager is authorized to execute grant agreements on behalf of the City of Denton, Texas with the F4 I F criTyeR a U.S. Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects and budget. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. 1994. PASSES AND APPROVED this the day of ~ i i BOB CASTLEBERRY, MAYOR t ATTEST: JENNIFER WALTERS, CITY SECRETARY f I BY., i ! J APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I i i i 'y PAGE 2 .;as I a CITY OF DENTON, TEXAS 1995 BUDGET FOR SECTION 9 PUBLIC TRANSPORTATION --SPAN ra3`77 OCTOBER 1, 1994 TO SEPTEMBER 30, ; 995 REVENUES CAPITAL PLANNING OPERATING TOTAL TOTAL TOTAL SECTION 9 GRANT $161,600 $40,187 $215,250 PTF STATE MATCH $26,260 $6,530 $107,626 CITY OF DENTON $14,140 $3,616 $96,065 UNITED WAY DENTON $0 $0 $5,000 RSVP CONTRIBUTION $0 $0 $1,660 TROLLEY ADVERTISING $0 $0 $5,000 CMAQ FEDERAL FUNDS $5,152 $0 $0 TOTAL REVENUES $207,152 $50,234 $430,600 I EXPENDITURES CAPITAL PLANNING OPERATING I TOTAL TOTAL TOTAL SPAN PERSONNEL $0 $3,500 $327,600 F CITY/PLANNING $0 $46.734 $5,260 j SUPPLIES $0 $0 $4,725 ADERTISING/PROMOTION $0 $0 $8,400 AUDIT $0 $0 $2,100 CONFERENCE/TRAINING $0 $0 $3,160 MILEAGE $0 $0 $526 OCCUPANCY RELATED $0 $0 TELEPHONE/COMMUNICATIONS $0 $0 $0,250 INSURANCE $0 $0 $44,100 FUEL $0 $0 $39,900 MAINTENANCE $0 $0 $42,000 TAXI SUB-CONTRACT $0 $0 $21,000 MISC $0 $0 $2,100 DISCOUNT FARE/OZONE ALERT $9,640 $0 $0 SIGNS/CAPITAL $2,000 $0 $0 UFTEQUIPPED VEH,/CAPITAL $200000 $211,640 $0 $50,234 $511,350 FARE REVENUE $4,388 850) TOTAL EXPENDITURES $207,162 $50,234 $ 0 rss; P ti r 99 PUBLIC TRANSPORTATION GRANT FOR FY 1995 3- -9 CITY OF DENTONISPAN 60" FEDERAL STATE LOCAL TOTAL PLANNING $40,187 $6,530 $3,516 $50,294 CAPITAL $166,762 $26,260 $1B,628 $211,640 OPERATING $215,250 $107,625 $107,625 $430,600 TOTAL $422,189 $140,416 $129,669 $692,274 LOCAL MATCH FOR SECTION 9 GRANT FY 1994 i TOTAL NEEDED $129,669 UNITED WAY $5,000 RSVP $1,560 ADVERTISING $5,000 $118,109 GENERAL FUND CONTI $56,826 FARE REVENUE $4,388 biJk;1..K~Nd`` $66,896 CDBG REQUEST Capita! $14,140 Operating $42,765 $58,895 r. y Y M P&ge V-8 tKM C 9030.1A 9-18-87 4 EXHr6IT D O S=CN 9 FXPFNDITM oeD+u, 9 _ urbanized Areal Designated Recap : Grantee: Pr,ogrm Mzbors Project Activities a4wt oodes Fedatsl Shays ' I. CAPIT7►Ir A. 80/20 funding: (1)a. Lift-equipped vehicles $ 1b0.000 be c. (2)a. Rep acement route signs _ 1.600 be (10)a. 3-year demonstration project CMAQ 5,TM b,~ozone alert pro ram _ Be 90/20 fdrdingi (1)a• - ii be 1 (2)a. C. 95/05 fUndlMl (1)a. (2)a. subtotal Capital $ 166,752 II. CPN TIIi3 X%7. PAtKE to 50t !landing) s 30195 $ 215,250 /1/94tp 9/3019"5)' M.FRA, NM- (80/20 !'landing)1 1 a• Grant development/administration $ 40.187 be (10)ad wbtootal Ple[vii- Tyr $ 40,187 TOTAL FFI-1L MMW (1, n and M): $ 422,189 IV. caPrIIX'Y rsf $ be (12)a• ~ n. (1.5)a. w b ' FL y V S "f 4 4 { Pads V-8 U Ck C 9030.1A (~J99-1188j-8877,Q SDCrICN 9 EGOOPIM DEAM Urbanin d Area; Deeic AW tteCip crantas: pmgm : Proiect Activities &>a9et codes Faderal Stara i. caPrrAtr A. 80/20 Ra:diM: (1)a, Lift-equipped vehicles $ 160.000 b. o. (2)8. Replacement route signs 1,600 b. nstration project CRAQ 5,= (10)a. 3-ye&1!12 b,~ert pro ram B. 90/10 g: (1)a. b. (2)a. C. 95/05 s (1) a. ~ a. i subtotal Capital $ 166,752 II. OFF7WINb ASSISTJ1taG8 (t~ to 50t It r dirq)1 ' for per1w Ira /1/94 to 9/30/95 $ 215,250 III . PIAAM (80/20 ltatdi:g) : 1)a, Grant development/administration $ 40.187 I b. I (2)a. (10)a. 1 subtotal Qlannira $ 40,187 TOM FPDEM FUMIM (I, II, and III) I $ 422,189 IV, olamm" PAOlTDC15: $ (11 a, b. - (Was (u) a. b. CITY ~COUNCI. -J ~ yt ~ O • tr t 8 e ~ e e ; A r o r, t s ~y i / fVl f i 1 March 22, 1994 CITY COUNCIL AGENDA ITEM AgsndaNo 60 1' Ag9n,8Ele ~S,rt. Tp; Mayor and Members of the City Council Dste FROM: Lloyd V. Harrell, City Manager SUBJECT: AGREEMENT ON OF OINCE AUTHORIZING THE PROPERTY ON MAYHILL ROAD RECOMMENDATION: The Planning and Zoning Commission recommends approval. SUMMARY/BACKGROUND: Mayhill Road relative The City able to reach agreement onCurtis to the purchase of .853 acres of real property for the Denton $66,000rchase price for the p p Unde backrtohCurtis Smith t e propertyefor two (2)yyewill ars afrom theld to of closure at a price of $300 per month. Thereafte, the City per lease to Mr. Smith for an additional four (4) years month under the condition that if the City finds it necessary to have Mr. Smith move from the premises, the City will be required pay Mr. Smith an additional $5,000. The City also agrees to provide the survey of the property. II " Mr. Smith agrees to mow and maintain the acreage in good appear- ance. pRpGRAM9 DEPARTMENTS OR GROUPS AFFECTED: The Smith Family, the City of Denton Solid Waste Division, and the citizens of Denton. FISCAL IMPACT: $66,000. jVf ully sub mitted . Harrell City Manager N ..bt t f (f A17294C k n , ~yf.. • Mh/1nt~ I ■~p■pl j CITY COUNCIL AGENDA ITEM _ March 22, 1994 Page 2 3~QQ l1 o24T Prepared by: Bill Angelo Director of Community Services Approved by: r R. E. Nel on b Executive Director of Utilities 1 't i J t k Js- J k A17294C rr . M k Et\NPDOCf\CRD\C!MI1M, '11 _ 9157_-- } ORDINANCE NO. f { AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND CURTIS SMITH TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City manager is authorized to execute a Real Estate Contract between the City of Denton and Curtis Smith for the purchase of property, under the terms and conditions attached hereto and made a document which contained in said agreement, which is part hereof, and is authorized hr hase of execute said anp other property. may be associated with t pu sFCTION II. That the City Council hereby authorizes the expenditure of funds in the amount of $66,000.00 for the purchase of said property and any closing costs, including the cost of property survey, as specified in the agreement. SECTIQN III. That this ordinance shall become effective R immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1494. s ~ i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i ! APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY y: s q~ REAL ESTATE CONTRACT S 4U 409 STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between CURTIS SMITH (hereinafter referred to as "Seller") and CITY OF DENTON$- TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinaf- ter referred to as "Purchaser''), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing ap- proximately .853 acres of land situated in Denton County, Texas, being more particularly described in Exhibit A attached hereto and incorporated herein by reference for all purposes together with all. and singular the rights and appurtenances pertaining to the prop-- arty, including any right, title and interest of Seller in and.to: 1 adjacent streets, alleys or rights-of-way (all of such real prop..- ` erty, rights, and appurtenances being hereinafter referred to-as the "Property") , together with any improvements, fixtures, and per- sonal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE k 1. Amount of Put-h~ee price. The purchase price for the Property shall be the sum of SIXTY-SIX THOUSAND DOLLARS ($66,000.00). 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. KMCHASER I S OBLIGATIONS -rhe obligations of Purchaser hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by purchaser at or prior to the closing. 1. preliminary Title Report. Within twenty days after the date hereof, Seller, at Seller's sole cost and (expense, shall have caused the Title company (hereinafter defined) to issue a pre- liminary title report (the "Title Report") accompanied by copies of i. ~ w L` t r all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser re- ceives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser; otherwise, this con- dition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. j 2. Survey. Upon written request by Purchaser delivered to Seller contemporaneously with Purchaser's delivery of an executed original of this Agreement, Seller shall within twenty (20) days from the date hereof, at Purchaser's bole cost and expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's :!ertification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, J give Seller written notice of this fact. seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Comoliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complisi with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date; PAGE 2 i Q{1-007 _ R~-W 3 as-9~~ rties in possession of any portion of the Pa at sufferance, or trespassers. There are no Property as lessees, tenants there is no Except for the prior actions ofrcroceeding or asses- y, part thereof to the best or threa~hgepra°peYt~ation or similar pending or any i ng sment affecting such proceed Seller is an knowledge and belie governmental authority. contemplated by any applicable laws, ordinances, lied with all to the 3. Sells st Lutes complied and restrictions relating regulations, art thereof. Property, or any p ous or materials on or 4. There are no toxic or hazardhazardousswastes or materials within the Property. Su toxic include, but are not limited to, hazardous mater ones same are defined by the Resource Conservation and Recovery Ao (RCTA) j as amended, and the Comprehensivas amend den In thesevent the l compensation and Liability Act (CERCLA)~ are e of any such toxic or hazardous wastes o or materials s found upo removal of Property, Seiler shall be responsible for for of the expenwritten notice of the t these wastes or materials up f presence of these wastes or materials. MISCELLANEOUS OBLIGATIONS OF PARTIES for back to seller the property purchaser will agree to lease month. two years from the date of closing at a price of $300.00 per month lease to the lcler for an add ondition thatiitothe Thereafter, the Purchaser will ears at $300.00 per remises, four y to have seller move Purchaser finds will cbesa required to Pay seller the purchaser $51000.00. ood appear- Seller agrees to mow and maintain the acreage in g ance. CLOSING The closing shall be held at the office of / Sore at such Title, and mutually agree upon Denton, Texas, on or before Purchaser ,closing date"). date, and place as Seller {which date is herein referred to as the CLOSING REQUIREMENTS At the closing seller shall: >>e.-~ eer„ire~8nt9. to to Purchaser a duly executed and acknowledged and AGe.neral Warranty peed conveying good marketable title in fee simple to all of the Property, free and clear of any Y y.. 1rt' PAGE 9 e,,_,,, s qU-c~ mand ents,land nrestrictionsCeexcept foro the efollowing;assess- 1, General real estate taxes for the year of closing and subsequent due and payable; 2. Any exceptions approved by Purchaser pursuant to - __~~a ons here- of; and 3. Any exceptions approved by Purchaser in writing. 6. Deliver to Purchaser a Texas Owne Land Title Policy at Title# Denton, Seller's sole expense, issued by Safecof purchaser's favor in the Texas, (the Title Company") full amount of the purchase price, sjinsuring Purchaser's fee simple title to the Property exceptions listed in 9losinaroved~in w it nq by hereof t such XONOAtA such other exceptions as may be app usual ndforthe m standard Titlen Policyfnprovided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Seller; 2. The cove- nants shall bei endorsed "None restrictive of Record"; 3. The exception as to the lien for taxes shall to the shall limited be endorsed "Not Yet Due sand and Payable"; and 4, The exception sbto endorsed liens encumbering the Property shall Record". Deliver to Purchaser possession of the Property on the C. day of closing. 2~ ~„r h_gg~~irements. Purchaser shall pay the full cash purchase price to Seller at Closing in immediately available funds. ze 3, osina Costs, Through the date of Closing, Purchaser shall only be responsible for the payment of taxes assessed by the PAGE 4 f so Closing assessed taxes city of Denton and, Sailer shall tax jurisdiction throughptheadate other any imposed, assessed or arising because of a change of u;ie of the Property after closing shall be paid by Seller, save and except taxes so imposed by the City of Denton, which taxes shall be paid by Purchaser. 3 All other costs and expenses of closing in consummating the and Seller. allocated herein sale and purchase of the equally hared by Property not shall be REAL ESTATE COMMISSION Any real estate commissions occasioned by the o Semlmat onatof this Agreement shall be the sole responsibility E Seleragrees to for these indemnify and hold harmless Purchaser from any and all claims commissions. i BREACH BY SELLER } In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of r this default, Agreementr or a terminate either of the Property performance Purchaser's enforce specific his Agreement. 4 BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase i of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and performance being of thiin default s AgreementSeller or terminate either this Agreementl•eoifia MISCELLANEOUS 1. AssiarLent of Aareement. This Agreement may not be III assigned by Purchaser without the express written consent of seller. i 2. fy ival o* C9y&nante. Any of the representations, war- ranties, covenants, and agreements of thee trines, to well as of pertaining a period any rights and benefits of the parties, hereby not be o merged contemplatd time following the the closing and t shall transactions therein. shall survive 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- sod to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. PAGE 5 I i q go~li 4. Texas Law to AuDly. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. b. Legal Construction. In case any one or more of'the pro- visions containcd in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other nalid, provision illegal, or unenforceable n provision hads the i never been contained herein. _ 7 Pzior Agreements SuRerseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 1 8. Time of Egsence. Time is of the essence in this Agreement. 9. Gander. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. il. Comvliance in accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within five (5) days after Purchaser executes this Agreement and delivers sams to Sel- ler, Pftchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 1994. PAGE 6 s Y i ' I i q41 SELLER o / CURTIS SMITH 1601 Hayhill Road Denton, Texas 76205 PURCHASER THE CITY OF DENTON, TEXAS By: LLOYD V. HIIRRELL, city Manager 215 E. McKinney Street Denton, Texas 76201 1 ti t STATE OF TEXAS I COUNTY OF DENTON i This instrument was acknowledged before me on by CURTIS SMITH. i NOTARY PUBLIC IN AND FOR TEXAS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the on by LLOYD V. HARRELL, City Manager, of the City of Denton, as mipal corporation; known to to to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorised to perform the same by appropriate resolution of the City Council of the City of Denton and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. NOTARY PUBLIC IN AND FOR TEXAS PAGE 7 " ATTEST: JENNIFER WALTERSr CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHt CITY ATTORNEY BY: v f I i C M, `f f I t 1:%WooCMC1M:TM.K PAGE 8 J( A~ yy =CITY COUNG MCI' of .p+~%.•_ 4 Q < 6 1• • h r ♦tG t ..^t r 1 1 March 22, 1994 + aNo q'~'O CITY COUNCIL A3M_DA ITS Agsnda;te* A!, Mayor and Members of the City Council DaSe- ~O T0: Lloyd V. Harrell, City Manager FROM: ORilINANCE AUTHORIZING THE EXECUTION OF AN SUBJECT: ADOPTION OF PATTY S. WILSON FOR THE PURCHASE ROBIN G. AND OFRPROPERTYION MAYHILL ROAD RECOMMENDATION: The planning and zoning commission recommends approval. gv ~•'*oy/BACKGkOUNDs ement The City was able to reach an ere 14wacresoofnreal ap property on ; 1son relative to the purchase of 2,1 Mayhill Road for expansion Of W3 is The purchase price e $258,309. the City will honor the Under the provisios of the agreement, n existing lease agreement with the Wilson tenant prthrough orated Drental ber 31, 1994, at $300 per month rental fee. tothe payment for the month in which rental paymentsewillabe directed~t to the City. A11 future City. The Wilsons will be allowed to occupy and utilize the brick home n9 through October 311 1994, rent free. s di it bu porch and front Po The Wilsons will be allowed to remove the Solar Sy tby/ the City a windmill swing, satellite dish and any ' and swing, children's swing, lly agreed upon personal property items mutua the Wilsons. ro prtyr The City also agrees to provide the survey of the p P PROGRAMS DEPAR'CMENTS OR GROUPS AFFECTED: Denton Solid waste Division, and the The Wilson Family, the City of ' Citizens of Denton. Z r ~ A17394C ro1 , i { CITY COUNCIL AGENDA ITEM ~yL/~QD L+ March 22, 1994 Page 2 J 1 ✓ M I 2a /7 FISCAL IMPACT• $258,309. 1 Respectf. ly' ssubmitted, Lloyd V. Harrell City Manager `S• i Prepared by: Bill Angelo Director of Community Services Approved by: s' R. E. Nelson Executive Director of Utilities J firW" ,~rr ~ fqh xi a A17394C Y a7:yTA +x i f:\YGDOGAIORD\YIlSOU ~J /c SA WIT- ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ROBIN G. AND PATTY S. WILSON TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i_L That the City Manager is authorized to execute a Real Estate Contract between the city of Denton and Robin G. and Patty S. Wilson for the purchase of property, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof, and is authorized to execute any other document which may be associated with the purchase of said Property. S,&CTION II That the City Council hereby authorizes the expenditure of funds in the amount of $258,309.00 for the purchase of said property and any closing costs, including the cost of v property survey, as specified in the agreement. ! immediatelN That this ordinance shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: y DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: C/ a~ t f, IF 1~A r Y ~r '.1 ' i hHk „ tVV REAL ESTAT8 CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between ROBIN G. AND PATTY S. WILSON (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipalit of Denton, Denton Countty, Taexas, upon the (hereinafter referred to as "Purchaser"), conditions set forth herein. j PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing ap- proximataly 2.114 acres of land situated in Denton County, Texas, being more particularly described in Exhibit A attached hereto and her incorporated herein by reference for all purposes to gtto the:propl } and singular the rights and appurtenances arty, including any right, title and interestl of Ssuchrrealaprop- adjacent streets, alleys or rights-of-way erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and per- 1 on property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE 1. 1mn~+nt of Purc ce. The purchase price for the Property shall be the sum of TWO HUNDRED FIFTY-EIGHT THOUSAND THREE HUNDRED NINE DOLLARS ($258,305.00). 2. pr...e.,t of purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction of each of the following Purchaser d at i or n prior to the closing. in whole or of which may be in part by 1. Pro imir►_rrv Ti, t_°Ort• Within twenty (20) days after the data hereof, Seller, at Seller's sole cost and expense, shall reTitle port (thee"Title (hereinafter Report") accompanied by issue copiesr l of have iminarys title the 114 1i` r i all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser re- ceives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (30) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser; otherwise, this con- dition shall be deemed to be acceptable and any objecticn thereto shall be deemed to have been waived for all purposes. 2. Survey, Upon written request by Purchaser delivered to Seller contemporaneously with Purchaser's delivery of an executed y original of this Agreement, Seller shall within twenty (20) days from the date hereof, at Purchaser's sole cost and expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all a improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: i PAGE 2 t. 1 q b 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the Property, or any part thereof, nor to the beat knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. There are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCTA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. In the event any such toxic or hazardous wastes or materials are found upon the Property, Seller shall be responsible for the expense of removal of these wastes or materials upon receipt of written notice of the presence of these wastes or materials. t I MISCELLANEOUS OBLIGATIONS OF PARTIES j Purchaser will honor existing lease agreement with Seller's I tenant through December 31, 1994, at $300.00 per month rental fee. Prorated rental payment for the month in which closing takes place e will be remitted to the Purchaser. All future rental payments will be directed to the Purchaser. Seller will be allowed to occupy and utilize the brick home and { building through October 31, 1994, rent free. Seller will be allowed to remove solar System, front porch i swing, children's swing, windmill swing, satellite dish, and any other personal property items mutually agreed upon by the Purchaser and Seller. CLOSING The closing shall be held at the office of DENTEX Title Company, Denton, Texas, on or before , or at such time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requirgments. At the closing Seller shall: 1 PAGE 3 h t f r 7a !I A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all iliens, and restrictions, encumbrances, for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to ~f~h~~blications here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Title Policy at i seller's sole expense, issued by DENTEX Title Company, Denton, Texas, (the "Title Company") in Purchaser's favor { in the full amount of the purchase price, insuring Pur- j chaser's fee simple title to the Property subject only to those title exceptions listed in closing Requirements here- of, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Title Policy, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Seller; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and ~J 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. I 2. n+~r~haser's Requirements. Purchaser shall pay the full cash purchase price to Seller at Closing in immediately available funds. M. PAGE 4 p i Sod// 3. Closing Costa, Through the date of Closing, Purchaser shall only be responsible for the payment of taxes assessed by the City Of Denton and, Seller shall pay all other taxes assessed by any other tax jurisdiction through the date of Closing. Any taxes imposed, assessed or arising because of a change of use of the Property after closing shall be paid by Seller, save and except taxes so imposed by the City of Denton, which taxes shall be paid by Purchaser. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller. REAL ESTATE COMMISSION { Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. BREACH BY SELLER { In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. BREACH BY PURCHASER { In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement. MISCELLANEOUS 1. AesiarLent of This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of I time following the closing of the transactions contemplated hereby i~ shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, ~t .r PAGE 5 Y l i r a ayQ~-- 9a postage prepaid, certified mail, return receipt requested, addres- sed to Seller or purchasers as the case may be, at the address set forth beneath the signature of the party. 4, zex~+s L~a~r to Apply, This Agreement shall be construed the ste of Texas# and under and in accordancea~tiiestcreated hereunder are performable in all obligations of the p Denton County, Texas. Agreement shall be binding upon and 5. °„'+;es Bound. This i o the benefit of the parties and their ressuccessorsiand inure texecutors, administrators, legal representatives, assigns where permitted by this Agreement. ^^^atruction, In case any one or more of the pro- shall b sail vino visions contained &l thor u nenforce ble linoany respect, be invalid, illegal, unenforceability shall not affect any validity, illegality, or and this Agreement shall be construed as if other provision herale or unenforceable provision had never been containediherein eg This Agreement constitutieos ( « for AaYeements super]: Y =ties I the sole and only agreement of the parmitiees s n and d between supersedes the an pa 1 understandings or written or oral aq respecting the within subject matter. s 8, Time-of_ EsseD-ce, Time is of the essence in this Agreement. 4. Words of any gender used in this Agreement shall the and in be held an~uc nstrued to include any other gender, and lural, words singular number steal, be held to include the p versa, unless the contk,.xt requires otherwise- arty, , Upon request of either p 10. ,•ont act execute a memorandum of this Agreement both parties shall promptly suitable for filing of rekiord, 11. ^^*~^~ia ce In accordance with the requirements advised that it of title insurance or Texas Real Estate License %Ot, Purchaser is hereby examined should be furnished with or obtain a policy the Property Purchaser should have the abstract covering by an attorney of Purchaser's own selection. of this In the event a fully executed copy days ia. Ae Purchases er PurchaserdeliversWithin Sol- the right to terminate this Agreement the E , Purchaser shall have ler, upon written notice to Seller. /j r: j PACE b ! T; c;, ALI r 3r9a~'l/-~ postage prepaid, certified mail, return receipt requested, addres- sed to seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. me„aA tiaw to Aooly. This Agreement shall be construed all in of the State of Texas, an under and accordance with the laws obligations of the parties created hereunder are performable in Denton County, Texas. and osrsies Bound. This Agreement shall be binding uPon 5• artier and their respective heirs, inure to the benefit of the p successors and executors, administrators, legal Agreement sentatives, assigns where permitted by this 6. aaci Constru4i1• In case any one or more of the pro- unenforceable for any reason be held to any respect, said in- visions contained inn this be invalid, illegal al, shall not affect any validity, illegality, or vnenforceability ! other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. ! nmanta suoersed~d• This Agreement constitutes { artios and supersedes any pr or parties the sole and only agreement r t oral he Preements between the pa unAerstandings or written eat mat er. respecting the within subs 8. Tins El"I ce. Time is of the essence in this Agreement. ender used in this Agreement shall g, nder, Words of any 9 other gender, and words in the be held and construed to include any lural, and vice singular number shall be held to include the p versa, unless the context requires request of either party, - of Contract. 10. ptly execute a Upon memorandum of this Agreement ' both parties shall p rom suitable for filing of record. requirements of the Ill Com_ o_ In accordance with the requ eed that it Texas Reai Estate License Act, Purchaser is hereby advised should be furnished with or obtain a policy of title insurance or PUrchaserbstowntaelection.the Property Purchaser should have by an attorney of of this ___a Limit. In the event a fully executed copy 12. Tim this Purchaseandrdelwithiniversfsameive Sel_ Agreement has° executes returned after Purchaser Agreement upon vitrenenotice to Sellere right to terminate this Ag P i t PAGE 6 r i Y I ~ I M,AiW!~ C IPr'lOa ~2~r9 IO r- 1994. DATED this day Of i SELLER j ! ROBIN G. WILSON 1 PATTY S. WILSON PURCHASER THE CITY OF DENTON# TEXAS i BY=-- LL, C ty Manager LLOYD J1 HARRE 215 E. Denton,MTexase76201eet . 111 i STATE OF TEXAS COUNTY OF DENTON ed before me on This instrument was a by ROBIN g G. WILSON. s t NOTARY PUBLIC IN AND FOR TEXAS t?= STATE OF TEXAS COUNTY OF DENTON ' This instrument was acknowledged before me on ar by PATTY S. WILSON. f NOTARY PUBLIC IN AND FOR TEXAS ov Y J ` r n: Y PAGE 7 wa; (t+A,: , , i 1 li STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the on by LLOYD V. HARRELL, City Manager, of the City of Denton, as muepal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly aut).orized to perform the same by appropriate resolution of the City Council of the City of ',:canton and that he executed the same as the act of the i said City for purpose and consideration therein expressed, and in the capacity therein stated. NOTARY PUBLIC IN AND FOR TEXAS ATTESTS JENNIFER WALTERS$ CITY SECRETARY BYs f APPROVED AS TO LEGAL FORM: f DEBRA A. DRAYOVITCH, CITY ATTORNEY I BYs i _ r i' rt 4. 11 .T r { t PAGE 8 ty~' Y d i i CITY= ,COUNC E~E I a •r v X10 M I F 5 AoondaNo__ 9 <1 oox Wte_ %3-22-9,11. March 22, 1994 iafl9 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE DEWON CITY COUNCIL FROM: Lloyd H. Harrell, City Manager RE: CHANGE IN MUNICIPAL LANDFILL RATE RECOMMENDATIONt Staff recommends Council approve a change in the landfill rate j for cash and contract customers from $3.95 to $5.00 per cubic r yard. SUMMARYt An increase in the landfill rate charged to cash and contract customers is needed because Denton's current rate is lower than other area landfill rates, which has resulted in an increase in volume entering the landfill. If landfill volumes continue to increase at current projections, the existing landfill space could be filled up prior to the scheduled completion of the landfill expansion in 1997. The recommended rate increase will help discourage any large increase in volume from these cash and contract customers. SACRGROUNDt The volume of waste being deposited in the landfill has been escalating beyond original projections. For example, the commercial waste stream is some 20%- higher than originally anticipated due to improved economic conditions and higher building activity. The City has little control over volumes from this customer group as it relates to general business activity. However, the most alarming increase in volume has been in the miscellaneous category. This category is made up of customers who bring solid waste directly to the landfill as opposed to pickup service provided by the Solid waste department. It includes private solid waste providers who have contracts with the City, commercial enterprises that involve significant volumes of solid waste (such as roofing companies) or private citizens that either do not have regular garbage pickup or Choose not to use the available pickup service. These last two groups pay cash at the time of delivery to the landfill. G ~ a r pe i i f 4 } h CITY COUNCIL AGENDA Page 2 r During the last several months, solid waste volumes from cash customers have increased by 50k. Contract. customer volume increased by 8.54 in 1993 as compared to 1992. However, monthly contract volumes have increased from 800 cubic yards in August 1993 to around 2,000 cubic yards in recent months. Denton landfill rates have generally been lower than most rates found at other area landfills. For example, the DFW landfill charges per cubic yard are $4.00 for loose material, $4.65 for compacted material, and $11.50 for non-compactable material (concrete, roofing material, etc.). Arlington charges $30.00 per ton (approximately $9.00 per cubic yard). In addition recent changes in operations at many area landfills have made Denton's landfill even more attractive. Facilities have been closed, certain materials banned from the landfill, or rates significantly increased. These factors have all resulted in greater volumes currently entering Denton's landfill. However, Denton can control to some extent the volumes from these customers through the rates charged to use the landfill. The recommender] increase in the rate is from $3.95 to $5.00. Exhibit I provides a summary of the proposed changes to the Sanitary Landfill Use rate schedule. Exhibit II (Figure 5.1a) provides a summary of historical and projected volumes for cash customers. Exhibit III (Figure 5.1b) provides similar data for contract customers. Exhibit IV (Figure 5.2) shows the projected remaining landfill capacity. 1 The attached amendment to the Sanitary Landfill Use Schedule ofXthe Solid Waste rate ordinance (Exhibit V) enacts this rate change. Based on the increase in the basic landfill rate for cash and contract customers, the charge per vehicle per load is also adjusted in the ordinance. PROGRAMS, DEPARTMENTS OR GROUPS APPECTEDs Customers using the Denton Municipal Landfill., Denton Municipal Utilities, Legal Department, Public Utilities Board, and City Coun.il. i FISCAL SUMMARYt Fiscal year 1994 Solid Waste landfill revenues will change due to the increase in the landfill rate, Landfill revenue per cubic yard will increase for the miscellaneous customer I category, but total revenue may be offset by a reduced volume of business due to the higher rate. ~Y iJSe,P~i N y49i L I i r CITY COUNCIL AGENDA O page 3 l Respectfully Submitted, . Harrell 4HJILyd- City Manager prepared by. I E. Nelson, Executive Director of Utilities Exhibits: I. Summary of Changes to Sanitary Landfill Rate II. Figure 5•1a - Historical and Projected Cash Volumes III. Figure 5.1b - Historical and projected Contract volumes I IV. Figure 5.2 - Projected Remaining Landfill Capacity ` V. Solid waste Rate ordinance with Amended Sanitary Landfill Use Schedule i L, J I r 71, r i ' r t 1 Y } SUMMARY OF CHANGES TO SANITARY LANDFILL RATE (Applicable to individuals and commercial entities that use the City's sanitary landfill site) i i A. INDIVIDUAL USERS 1 Proposed Current Tyre of Vehicle Rate Rate 1. Vehicles less than one-half ton. $ 5.00 $ 4.00 2. Vehicles 2-5 cubic yards 16.00 12.50 (one-half ton). 1 3. Pickup trucks 5-10 cubic yards 50.00 39.50 4. Vehicles 10-15 cubic yards 75.00 59.25 5. Vehicles 15-20 cubic yards 100.00 74.00 6. Vehicles 20-30 cubic yards 150.00 118.50 i 7. Vehicles 30-40 cubic yards 200.00 158.00 a. Vehicles greater than 40 250.00 197.50 cubic yards 8. REGULAR COMERCIAL USERS 1. Residential/commercial garbage $ 5.00/ $ 3.95/ (cubic yard/ton) 16.50 15.80 2. Rubbish (trash) 5.00/ 3.95/ (cubic yard/ton) 16.50 15.80 3. Uncompacted residential and 5.00/ 3.95/ +commercial garbage 16.50 15.80 (cubic yard/ton) r L ~E r rats ) . EXHIBIT I $ i r f a ' , i 1S0 FFIGURE5.1a OK IIkNTON AI. & PROJF(7M) U VOLUMES IIISTORICAI. PROJECITsU 70 U 60 _ . . _ 09 30 +o 1 ~e i.] Alm 20 to m I;" I= 1909 H9o 1991 1992 1990 ION INS 19M 1097 1991 1"9 7000 20D1 2002 2007 2001 200f FISCALYFAR b os cc vaAnAiet h~ Lii~r~•.'d w 110 FIGURE 5.1b CITY OM DENTON 100 _ I usTORtcAI. & PROJSC'Itn CONT[tACr VOIAJMBS 00 IOSTORICAI. PROJE( MD o _ 40 3 20 10 =j 19p 19p 1919 1990 1991 1902 19D7 1991 1195 19i/ 1917 1991 1999 2000 2001 2002 Xo) 2001 2005 W ~SC~.YF~R 0 9 LE ~~5 , I r s0o40w NO' ; - i 4,751W TGUR's 5.2 , FINAL ' OOD PROMANVID RCMAININ(I ? CAP .OOO CY , A(,'IAIY 16,000A IANDM IXAPACITY ,,,gBB ti >75400D RFSCRVC CAPACITY 1 7.5040w 4A~ 7,254000 ' • , " f pG ~.F'... i11 L11,OOg000 s 2.754000 LANDFEL CAPACITY . . 2,504(Iw X254M i.... . . i i APPROVED CAPiRCItY FILLLD ; 2amom ; . TAtRCC CAPACITY _ tints MRF JrAClLIIN { 1.7-%Goo OPf;NAS OF1196 { I 1.25400D I.........j........ CAPACHYFILLIiI)...~.,....... 154w0 ! I = Smmo .4. i„ j,,,,, PROJCC2ED CND OF LJXIS71M i I ' LANDFILL CAPACITY IN W JANUARY. 1997 In $ 19" 1117 10" 1414 1410 "1491 '"I'M' 1443 ° PpIl'l~~i-'lft~ - Ml6]] 1417 1* 19" 2000 2004 10QS i v f" E.h'vy 101 , ~ -sue ah ` ~x I o- .N J E: \WP000S 5DRD\94 SVA SI E.ORD i~---;~-- ORDINANCE NO. R AN ORDINANCE OF THE CITY OF DENTON AMENDING SOLID WASTE RATES FOR SANITARY LANDFILL USE AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING THE CHARGES FOR USE OF THE LANDFILL; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: R i SECTION I. That the charges for solid waste collection services as authorized by Section 24-42(b) of Article II0 Section C 24-66 of Article III and Section 24-4 of Article I of Chapter 24 of the Code of Ordinances are hereby established as followss SOLID WASTE RATE SCHEDULES SWR Residential solid Waste Collection Service 2 SWC Commercial and Institutional Solid Waste Collection Service 3 P SWL Sanitary Landfill Use 8 SWY Commercial and Institutional Recycling Service 11 P C y PAa..:i kr ~ I J~ r A S r,A V EXHIBIT I d • , ys-a . ~ ~rYca b.. ~ , c } SCHEDULE SWR RZSIDEN r~T aOLID W718T8 O0r•T•pCTION $ERV_ CAE (Effective 10/01/93) APPLICATION Applicable to individual family unit solid waste collection service. Individual family unit includes each side of a duplex, each living unit per subdivided lot, and any unit or living space in which a person or single family resides. MONTHLY RATE Effective October 1, 19931 $10.80 per 30 days cirtrrs+sRC,E (State of Texas statutory charge for landfill use) I t $0.35 per 30 days The surcharge referenced above is hereby authorized to be ik remitted to the state as required by law. MINIMUM BILLING Effective October 1, 19931 $11.15 per 30 days I OMER CM_ RGEI$ Effective January 1, 19941 the charge for the collection of grass clippings and leaves in excess of 6 bags per week (one cubic yard) is fifty cents ($0.50) per bag. Effective alimbs in 9 excess of charge I cubic yard collection is l brush and tree $4.00 per feet week. by three feet by four tet has the cubic dimensions collected of t three per The charge for the collection of appliances is $10.00 per appliance. e5 l • I f t- PAGE 2 r 1 ,j ,•w va ~ } SCHEDULE SWC COMMERCIAL/ID WASTE COLLECTION (Effective 01/01/94) APPLICATION Applicable for all commercial or institutional solid waste collection service. MONTHLY RATE A. DUMPSTERS (Regular Service) 1. 2 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards Rate Per Collected Per Week PAL-Via- pgr Month 30 Days c. j 1 2 8 $20.75 rd 2 4 16 32.90 3 6 24 48.90 62.30 4 8 32 5 10 40 78.00 6 12 48 92.00 7 14 56 107.00 2. 3 YARD DUMPSTER w Number of Times Cubic Yard Cubic Yards Rate Per Per Week Per Month- 1Q Davs collected Per Week 1 3 12 S 2aa23 f' t 2 6 24 45.60 3 9 27 66.70 4 12 86.40 5 15 60 107.25 6 18 7 2 127.80 7 21 84 148.06 r PAGE 3 y' x 4At .A 3. 4 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards Fite Per Collected Per Week Per Week Per Month 30 Days 1 4 16 $ 3LOD 2 8 32 59.20 3 12 48 86.40 4 16 64 1]2.00 5 20 80 139.00 6 24 96 165.60 7 28 112 191.80 4. 6 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards Rate For Collected Per Week Per Week Per Month 30 Days 1 6 24 $ 44.50 2 12 48 82.00 3 18 72 121.00 4 24 96 160.00 5 30 120 198.00 6 36 144 242.00 7 42 168 277.20 5. 8 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards Rats Per Collected Per Week Per Week Per Month I.4".IY.A 1 8 32 $ 56.00 2 16 64 108.00 3 24 96 161.00 4 32 128 208.00 5 40 160 261.00 6 48 196 314.00 "7 56 224 353.00 The 2 yard dumpster service at more than once per week pickup is only available to existing customers receiv- ing 2 yard dumpster service on October 1, 1993. Begin- ning on October 1, 1993, new 2 yard dumpster service will not be offered to any customer except on a schedule of once per week pickup. Existing customers receiving 2 yard dumpster service that discontinue 2 yard service on or after October 1, 1993, may not at a later date, reinstate 2 yard dumpster service with more than one pickup per week. t ;h PAGE 4 f . I 7 AV 7-/ its 3-az I B. DUMPSTER SERVICE (Temporary)( Type of Rent Container per 30 Davs Service Charge 3 cubic yard dumpster $ 6.00 $18.60 per pickup 4 cubic yard dumpster 7.00 24.80 per pickup 6 cubic yard dumpster 9.25 35.40 per pickup 8 cubic yard dumpster 11.00 46.40 per pickup 1 J 1 C. DUMPSTER SERVICE (Refill and Extra Pickup) Type of S~ntainer Service Charge 2 cubic yard dumpster $10.00 per pickup 3 cubic yard dumpster 15.00 per pickup 4 cubic yard dumpster 20.00 per pickup 6 cubic yard dumpster 30.00 per pickup 8 cubic yard dumpster 40.00 per pickup D. OPEN TOP CONTAINERS Type of Rent Container per 30 Davs Service charge i 15 cubic yard open top $30.00 $ 87.00 per pickup 20 cubic yard open top 40.00 118.00 per pickup 30 cubic yard open top 55.00 169.OD per pickup 40 cubic yard open top 70.00 215.00 per pickup E. COMPACTORS Type of Rent R } Container Per 3, 0 Days Service Charge +a.` 6 cubic yard compactor $ 4340 $ 38.00 per pickup 12 cubic yard compactor 87.00 75.00 per pickup 15 cubic yard compactor 97.00 88.00 per pickup 20 cubic yard compactor 116.00 121.00 per pickup 25 cubic yard compactor 135.00 145.00 per pickup 30 cubic yard compactor 165000 170.00 per pickup 42 cubic yard compactor 215.00 222.00 per pickup r PAGE 5 i •Y r i ~ti. ~ J c 7B - 9 r ✓ StiRCtiA?tGE An additional 3.5% charge will be assessed for each 30 day period (excluding rental charge) to compensate for the State of for waste citysstaffhisgherebysauthorized to cremit such acharge sto the State. I I i r i ` ~fr t F } JYj' l~AA Y}' LLYY 4f. ~r r p•~ N k(L1 t 5tv t} PAGE 6 rr 1 a tt * ~ • . 'CMS ; r ~ ;•}6 - ~I i r I • ~a. ,.r sn".ti ! tr QTHER CHARGES # A delivery fee of $50.00 per container will be charged to all customers for open top containers and compactors. A delivery foe of $15.00 per container will be charged to all customers for temporary dumpster service. The charge for collection of appliances is $10.00 per item. i The charge for collection of brush outside the container is $4.00 for each cubic yard of brush over 1 cubic yard. a' 1 rl . I 1~ 1 l l J ' ~ I I 1 f ~ f , Y i n ~ `4j* `r kn d ~ F' r ' pY 1 k r, . PAGE 7 y 1 . ~ f y t f t Y, `t # scBBDULB BWL ` SANITARY tANDFIL USE (Effective 04/01/94) APPLICATION Applicable to individuals and commercial entities that use the city's sanitary landfill site- RATES AND CHARGES: A. INDIVIDUAL USERS Charge Per Type of Vehicle Vehicle Per Load 1. Automobiles tnd station wagons, $ 5.00 pickup trucks less than one-half ton. 2. Motor vehicles with a carrying S 16.00 load capacity of 2 cubic yards but less than 5 cubic yards such I as one-half ton pickups. 3 3. Pickup trucks with Eide boards $ 50.00 and all other vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards. 4. Vehicles with carrying capacity $ 75.00 in excess of 10 cubic yards but less than 15 cubic yards. 5. Vehicles with carrying capacity $100.00 in excess of 15 cubic yards but less than 20 cubic yards. _ 6. Vehicles with carrying capacity $150.00 f in excess of 20 cubic yards but _ less than 30 cubic yards a' 7. Vehicles with carrying capacity $200.00 r I in excess of 30 cubic yards but less than 40 cubic yards. 8. Vehicles with carrying capacity $250.00 of 40 cubic yards or more. PAGE 8 M, FF weiv B. REGULAR COMMERCIAL USERS The City Manager may enter into contracts with private commer- cial collection service companies for regular use of the sanitary landfill site at the following ratest Residential and commercial $ 5.00/cubic yard or garbage $ 16.50/ton Rubbish (trash) $ 5.00/cubic yard or $ 16.50/ton Uncompacted residential and $ 5.00/cubic yard or commercial garbage $ 16.50/ton All such contracts may contain conditions of operation, disposal and delivery as necessary for the efficient operation of the landfill site and the method of billing and collection for such use. C. TIRE CHARGES Charge Per Tire 1. Automobile tires not shredded, $ 2.30 quartered or halved. 2. Truck tires not shredded, $ 4.60 quartered or halved. I D. SPECIAL WASTE Rate Per Cubic Yard LJ Disposal of "Special Waste" as S 7.50 defined by the State of Texas Municipal Solid Waste Management Regulations. Acceptance of special waste is subject to Federal and j State laws and regulations, and the ^.ity has the right to refuse to t accept waste. r ; E. UNSECURED LOADS Rate Per Load X~ Applies to solid waste load that $10.00 are not secured with a tarpaulin or other equipment that prevents material from spillin along and ' within the right-of-way of public access roads serving landfill site. PAGE 9 1 f r 1 3Mt,'rap. ~ l rY7 LIMITATIONS l1'a 49'. Landfill permits issued by the City of Denton prior to the effective date of this ordinance may be redeemed for their face value. The customer must pay the difference between the current rate and the face value of the permit. The customer is i not entitled to a refund if the face value of the permit { exceeds the current rate. k 1 ry ti N~''F ~M? i . FMS r fir. N,F PAGE 10 r, +Y nr , I w I r. SCHEDULE SAY COMME 1~a~9 .ric *^'*ITTOtiAL CA_QDBOA_RD RECYCLINSL (Effective 10/01/93) APPLICATION ' Applicable to commercial or institutional customers that receive separate recycling service in dedicated recycling containers. ~ MONTH •Y RATE I A. DU14PSTER RECYCLING SERVICE (S YARD DUMPSTER) Number of Times Rate Per 1]ected Per Week Days 1 $ 50.00 2 100.00 3 150.00 4 200.00 k H. OPEN TOP RECYCLING SERVICE Type of Rent rvice Charce . ~gntainer Per 30 DaYH 30 Cubic Yard $50.00 $135.00 40 Cubic Yard 65.00 135.00 C. COMPACTOR RECYCLING SERVICE ~r - Type of Rent Container Per 30 Days Seryic° -C a 30 Cubic Yard $150.00 $135.00 t' 40 Cubic Yard 200.00 135.00 f PAGE 11 . t t it i 1 f O4 l9' SECTION V. That this ordinance shall become effective for solid waste service rendered on or after April 1, 1994. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR j ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt 1 F ♦1 t ; 4 rz d. r ~r PAGE 12 r 7 ;S~ CITY COUNCI j Of O♦ ' h' 4 0 ` i S a h ' f 4+NgY1>~ / ugendaNo, QQL--- " f Agandaflsm PS`s ~ M CITY COUNCIL REPORT FORMAT s 10119 Td: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager I March 14, 1994 DATE: of Denton for the Holdingy of Denton and the and Disposition 60BJ: eCounty r t of Cats and Dogs. EEnrusEMU= Staff recommends the adoption of the ordinance. i &S)2~iA8Y The agreement states that the City Fill provide certain services to the County of Denton for the impoundment { and disposition of animals brought to the City from E the County. i • The City will hold these animals for ninety- six (96) hours if not claimed by an owner. At r the end of the ninety-six (96) hours the animals will be euthanaaiced or put up for adoption. The City uIll hold animals that are possible rabies suspects for ten (10) days. The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health. For these services the County agrees to pay the fees get forth in the agreement. Six dollars (36.00) per day per animal being held for the owner to claim. ,JP 11 Seven dollars (87.00) per day per animal being f held for rabies observation. , Fifteen dollars (815.00) for each animal t; ab a'p~ euthanaaiced. ,,"WA;f Thirty-five dollars (836.00) for each decapitation and shipment. V ✓ W . t, , i 11. Interloca] Agreement: County n Page -2-dP~- The City of Denton and the County of Denton have had of disposition tanimals for e the entstfotan r then holding and The animals which have been brought to us from the County have not caused conditions of over crowding E at the animal control facility. s Since most of the costs associated with housing animals are fixed costs accepting animals from the County of Denton will not result in an increase in expenditures. i , ncveR~TS OR CiROUP$- AFE~CTEI2' KI Animal Control Division County of Denton FISCAL IMPACT: It is estimated that the revenue from this program will be approximately twenty-two thousand, three hundred$ forty-one dollars 22,341.00). This amount was included in the revenue projections provided to you during the budget presentations for the current fiscal year. r 4,' Respectf lY submitted: 4 4 ; d d ( }r., i Y L oyd arrell City Manager Prepared by: 4 ~ 0 Nonce Malo-'KulI/ Environmental Health Services Manager F ' f Approved Y: 1 ~ Nett cK a Executive D ' actor Hunioipal Se rvices/Economic Development z i I E: \WPDOCSIOND WENCOAN LORD i 4q 1 ORDINANCE NO. Olr r' AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN r THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT) AND PROVIDING FOR AN EFFECTIVE f DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDINANCE: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and Denton County for the impoundment and disposition of dogs and cats, a copy of which is attached hereto as Exhibit A and incorporated by reference herein. SECTION II. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY; MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY z APPROVED AS TO LEGAL FORM: j D BRA A. DRAYOVITCH, CITY ATTORNEY r; BY: )J E~{ .Y F 1 1 J a ,iti i i a J 1j v STATE OF TEXAS, INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON. This agreement made and entered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly Cityp authorized by COUCity NTY of oDenton, Texasa acting (hereinafter called CITY) resolution anJ the the herein by and through its County Judge, duly authorized by court order of the Commissioners Court of Denton County, Texas (hereinafter called COUNTY). WHEREAS, CITY and COUNTY are both local governments with the authority and power to contract; and WHEREAS, CITY is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, CITY is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, COUNTY desires to obtain impoundment and disposition _ as more services for dogs and cats rendered by the City of Dentonr a fully hereafter described, for the benefit of the residents of the County of Denton, Texas; and WHEREAS, the provision of i-,poundment and disposition of dogs and cats is a governmental function that serves the public healt ! I and welfare and is of mutual concern to the contracting paries; and ; WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Texas Government Code, chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows: - I A. COVENANTS OF CITY: 1. •~oldina of Doas and CITY agrees to accept and hold y dogs and cats lawfully impounded by authorized representatives of the COUNTY and to accept and hold dogs and cats brought to and released to the center from residents of the unincorporated areas r AIMMALCOINUOL•L""LOCAL COOPFRATIONACKWUNT qy_ DENT04 COLhTY • CITY OF DOTON 1 ya i ~ A ~ i • a of COUNTY under the following terms and conditions: sd (a). ;oldina Period for D-- 3 and C This CITY agrees to ho:ld such dogs and cats for a period the Animal (96) hours from the time they are accepted by Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the not reclaimed within the impounded hour periodalthe ownership of the animal shall revert to the CITY and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed at the discretion of the Animal Control Supervisor. 1"ins F s for Impounded Qoas. For the purpose (b) of this Agreement, CITY will charge SIX DOLLARS ($6.00) per day holding fee for each day that an animal is held at the Center. In determining the meaning of the term y "animal", as used herein, it is agreed that a pregnant animal which has its litter while being held, animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal G at the time the animals relafees are imed. oaini a if ill be released until all applicable a CITY agrees to (c). ~Qldiria of uarantinpd Animals accept and hold rabid suspects in quarantine for COUNTY when conditions permit, and such action is authorized by a representative of COMM (d). Fees for ouarantined Animals. 'Cho holding fee for quarantined animals shall be SEVEN DOLLARS ($7.00) per day for each day that the animal is held. Upon request of (e). ad Shipments and Rabies T _.g tom. COUA'TY, CITY will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be THIRTY-FIVE DOLLARS ($35.00) for each head shipped. s 2. CITY agrees to request and require residence information from in order persons residence in the releasing unincorporated oarethe as Coft Denton Co nty, verify This requested information shall include: (a). The person's address and telephone number; and DFNTW COLM - CM OF DUM14 2 r x c Y4 ~ Y i (b) The person's written acknowledgement of their Q . residence being in the unincorporated area,,.of':Penton County. 1 B. COVENANTS OF COUNTY: ~ j 1. pinancial Resnonsi itLlity. In order to reimburse the CITY ofor its costs incurred under this Agreement, COUNTY agrees to pay for holding and euthanasia fees on dogs and cats received from the unincorporated areas of the County of Denton or its authorized agent if an animal is not reclaimed by its owner. Fees will be assessed on the following basis: (a). Euthanised Animal: } $6.00 per day holding fee for each animal as determined herein plus $15.00 Euthanasia Fee (b). Adopted Animal: $6.00 per day holding fee for each animal as determined herein (o). Head Shipments: $35.00 - Shipment fee 2. CITY will collect impound fees duly authorized by COUNTY and as specified in this paragraph from the owners of dogs and cats received from the unincorporated areas of the COUNTY. Impound fee monies will be applied to fees owed CITY by COUNTY for animals not reclaimed by the owner. IMPOUND ~ j t i 1st Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 3. COUNTY agrees payment shall be made within forty-five (45) days of receipt of invoice by COUNTY. i CITY agrees to and accepts full responsibility for the acts, negligence, and/or omissicns of all of City's employees, and work s under aents, City's contract or agreement awith rCITY rintpelaborers rformance o of this ' agreement with said COUNTY. MWAL CONTROL • INTERIACAL COOPERATION AGRWW.NT DOMN COUNTY • CITY OF DIN"'M 3 3 7a,49 COUNTY, agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of County's employees, and agents, County's subcontractors, and/or contract laborers doing work under an agreement or contract with COUNTY in performance of this agreement with CITY. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. it is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. a III. The fact that COUNTY and CITY accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare makes it imperative that the performance of these vital services be recognized as governmental function and that the doctrine of governmental immunity shall re, and is hereby invoked to the full extent possible under the law. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. IV. The term of this Agreement shall be for a period of one (1) 1 year commencing as of October 1, 1993 and ending September 300 1994. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if the COUNTY and CITY agree in writing on or before the first day of October to be a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other. V. This Agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY. .o ANIMAL COMOL • Lti MRLOCAL COOI'MA710V AGM''%IL\'T DFYW%i COUNTY • CITY OF MTON 4 ~ t e~ VI. 8 This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by F the laws of the State of Texas. 6 VII. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. t VIII. The undersigned officer and/or agents of the parties hereto t are the properly a-thorized officials and have the necessary authority to oxecute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. r 3 ; i i ~ JD l r "All i ANIMAL COMOL • MULOCAL COOPERATION AC&EMnT DENIM COVIM • CITY OR OLNTON 5 i - V f S"v . Y qo~'9 Executed in 3uolic3te irioinais this the Q d_ of 199,. t 4 1 DENTON COUNTY CITY OF DENTON V 1 r by: by: Je Bob Castleberry D to Tbnyyl Judge Mayor ATTEST: ATTEST: TIM HODGES Denton County Clerk, ' 1 by: liW~w by, eputy,County Clerk City secretary APPROVED AS TO FORM: APPROVED AS TO FORM: 1 'DEBRA A. DRAYOVITCH City Attorney As stant District torney city Attorney r. Yl AML UL CoNoc.:1 MLOCAL Coorrnnnar AaR13NUff 6 d~ r' . •tF x , y, ( =CITY -CQUNC I T _ 1 I r i r+ rr.+• i • p 2 10 00 X ^ _i 0 r / r agendetda 9•~-00.~_ A~en;.~lt5m ~E35~'' 7. N t r131e 0.22.9 /010017- DATE: March 17, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: REDESIGNATION OF LALOR FUNDS. RECOMMENDATION: No recommendation is being made at this time. The purpose of this memorandum is to provide background information regarding the redesignation of Lalor Funds. BACKGROUND: On January 4, 1994, the City Council considered a request from the Greater Denton Arts Council (GDAC) to redesignate Lalor Funds. The funds were originally designated for historical restoration and adaptation of the old steam plant. The GDAC requested redesignation of the funds for use on the Campus Theater (see Attachment A). It is their belief that the redesignation of the funds would fulfill the intent of the original agreement with the City, which resulted in GDAC receiving the funds. That intent was to develop a performing arts facility by means of restoring a historical structure with sentimental significance. During the January 4, 1994 meeting, the staff was directed to prepare the legal documents necessary to transfer the funds from the old steam plant to the Campus Theater. Attached is a copy of the appropriate Contract and Ordinance. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: None. FISCAL IMPACT: The GDAC's request does not involve funds held by the City of Denton. Respectfully submitteJ: C Llo d . Harrell City Manager Prepared by: Harlan L. n Director o reasury Operations E E , rc z:y t v t ATTACHMENT A 1 r,AcALc _R December 9, 1993 DON ARTS y COUNCIL >m TanN BELL The Honorable Mayor Bob Castlebbir { OiNi°ii aTMir 215 East McKinney Street Denton, TX 76201 r DIRECTORS ' Ir hnident . i Now Bagley wire rnetaante Dear Mayor Castleberry: 1acki. HawY r Barbara Rbeer Tudy /.5onno Sarretery As you and the City Council know, the Greater Denton Arts Council Carol Trvaswonder is engaged in a capital campaign to raise funds for the renovation of Tnu+nr C.rol Rid ene the Campus Theatre into a community performing arts center. We are Immediate twee nerla.nt now at the $1,100.000 mark counting all pledges, donations, and cash rod rn.nun on hand. This total includes $117,711 in Lalor funds collected under to "Itore Berard Malay a contract with the City of Denton (April 1, 1990 - March 31, 1992). a Cit of Tondo" earner This money -.-.,as designated for historical restoration and adaptation o Tern Caaerdllea t at the corner of Hickory Street and Bell Avenue. Paul Cband le Sun Curbo the old steam QlanS Henr)r Ctbbon. that the Denton MAC* (?te Greater Denton Arts Council respectfully requests cone H Rn ceI rick City Council approve the redesignation of these funds for use cot the MazyLaTAnd IQ KKUK er e robn C?atpus Theatre. This use would fulfill the intent of the original ? { Bonnie mia agreement as it will establish a performing arts facility and bring about "''"►uwm" the restoration of a structure of historical and sentimental significance Eubua fh114pe Veu SutBnp to the community. tat'erea'~ FOCUyour consideration of this proposal. The Greater i exECUnvs Thank you for i, DlR£GfOR Denton Arts Council will provide any necessary nfocTnduun to help Herbert Hoe you evaluate this request. Sincerely yours, Veronica BeasI Y Fred Patterson President. GDAC Chairman, Capital Campaign Cabinet cc: Lloyd Harrell City Manager a, ' E P w E E:\WPDOCS\ORD\CAAPUS.THE ORDINANCE NO. 30~~ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE t DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to the Greater Denton Arts Council, in consideration of he valuable public services to be furnished by said organization to the city of Denton in restoring the historic Campus Theatre; NOW, THEREFORE, f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 2ZCTI2N I. That the City Council hereby approves the Agreement said Greater attached tbetween the y of enton and or to execute the Arts Council, and authorizes he May Agreement. SECTION I. That the City Council authorizes the expenditure of funds in the amount of Hundred Eleven Dollars ($117 I ,71100) Hundred in accordance with the terms of the contract. F SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1994. ,k BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY .r r" BY: r; APPROVED AS TO LEGAL FORK: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i ~Y n ) L~7 i { Y i r b ATTACHMENT B Q S_7 AGREEMENT THE GREATER DENTON TARTS COUNCIL 22- doff This Agreement made between the city the Greater Den o , Te a Arts municipal corporation (the City) and Council, a non-profit corporation incorporated under the laws of the State of Texas (the GDAC. Whereas, TEX. TAX CODE §351.002 authorizes the City to levy by ordinance a municipal hotel occupancy tax (Hotel Tax) or which may be used, pursuant to TEX. TAX CODE §351.101(a)(5);n historical restoration and preservation projects at or the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention, delegates, or other visitors to the munici- pality; and whereas, the City entered into an agreement with GDAC(the Steam Plant Contract) effective April 1, 1990 for the payment hotel tax revenues to be used for the restoration and renovation of the old City Steam Plant, and paid GDAC the sum of one Hundred rsuant to such contract Seventeen Thousand Dollars t been ($17,711.001) expended u and not ye and said funds have Whereas, on the 9th day of December, 1993, GDAC requested that Ctransfer these fds for the the is a historical usitef and renovation of the ocate hotel Whereas, the City finds it is appropriate to all of renovating tax revenue funds to be used for the specific purpose i the Campus Theatre, and that such renovation and restoration shall benefit the citizens of Denton; and Whereas, TEX. TAX CODE §351.101 (c) authorizes the City to J delegate by contract with the GDA as and ac ivioieanizationtthe a private management and supervision of programs described above funded with revenue from the hotel tax; on of covenants ontained,herein,n City and GDAC agree as f llows of the 1. HOTEL TAE REVENUE PAYMENT TO GDAC 1.1 Consideration. For and in consideration of the GDAC raising the necessary private funds and undertaking the renovation, s Theatre" restoration, and preservation of tihe suma fuone hundred sethe Cit venteen agrees to authorize GDAC to apply GDAC is s thousand seven hundred eleven dollars ($117,711.04). a` currently in possession of these funds which it has received from the Citursuant to the Steam Plant and preservation of the Campus Theatre t' toward the restora- y tion x s' i s ATTACHMENT B, con't 1.2 This Agreement shall not affect the agreement of the 2nd day of October, 1990 between the parties (the Utility Agreement), except that to the extent payment is authorized under this Agreement, it shall override Section I.C.2. of the Utility Agreement. II. USE OF HOTEL TAX REVENUE BY GDAC 2.1 Use of Funds. For and in consideration of the payment by the City to the GDAC of the agreed payments, GDAC covenants and rep- resents that it will utilize such funds solely for the purposes of improving, repairing, restoring and preserving the Campus Theatre property, all purposes authorized by TEX. TAX CODE §351.101(a)(5). Such expenditures may include architectural and engineering expenses incurred in the restoration of the Campus Theatre. 2.2 Specific Restrictions on Use of Funds. The hotel tax funds and any interest accruing therefrom received from the City by the GDAC may not be used for administrative costs or expenses, including day-to-day operations, supplies, salaries, office rental, travel expenses, or other administrative costa of the GDAC. III. RECORD KEEPING AND REPORTING REQUIRENENTS E 3.1 Budget. The GDAC shall present a budget to the City which shall set forth the planned expenditures of the hotel tax funds. The City Council must approve the budget before GDAC may expend any of the funds. The approval of such budget by the Denton City Council creates a fiduciary duty in the GDAC with respect to the hotel tax funds paid by the City to the GDAC under this Agreement. The GDAC shall expend hotel tax funds only in the manner and for s the purposes specified to the budget as approved by the City. ~J 3.2 Separate Accounts. The GDAC shall maintain the hotel tax funds paid to the GDAC by the City, pursuant to this Agreement, in a separate account or accounts established for such purpose and may not commingle such hotel tax funds with any other money or maintain such hotel tax funds in any other account. 3.3 Financial Records. The GDAC shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the GDAC and, upon request of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records available for inspection and review by w the Denton City Council or the City's Executive Director of Finance or his designee. GDAC agrees to continue to make such records available to City for a pei:iod of three years after the termination F of this Agreement. b' 3.4 Quarterly Reports. The GDAC shall furnish to the City a K report of the services performed and expenditures made by the GDAC under this Agreement within thirty (30) days after the end of each fiscal quarter of this Agreement. Such report shall summarize the activities of the GDAC in performance of the services specified in 2.1 and 2.2 above and the expenditure of the hotel tax funds received by the ,DAC from the City. .r R R' PAGE 2 w t t 911- M? -"A H ELF _g IY IV. INDEMNIFICATION AND IN80RANCBr 6 0p$ 4.1 Indemnification. The GDAC agrees to indemnity, hold harmless, and defend the City, its officers, agents, and employees form and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in con- nection with the performance by the GDAC of those services contem- plated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts or omissions of GDAC, its officers, employees, agents, sub-contractors, licensees and invitees. In case of our action filed against City as a result of such action or omission, GDAC agrees to hire counsel acceptable to City to defend City in such action or proceeding. City shall not unreasonably withhold acceptance of such counsel. 4.2 Insurance. That 3DAC require all independent contractors have and maintain general liability insurance or owners' and contrac- tors' protective liability insurance. V. GENERAL FROVIGIONS 5.1 Subcontract for Performance of Services. Noticing in this Agreement shall prohibit, nor be construed to prohibit, the oagreement by the for the D performance another of th se services described in 2.1 above. In the event that the GDAC enters into any arrangement, contractual or otherwise, with such entity, person, or organiza- tion, the GDAC shall cause such other entity, person, or organiza- tion to adhere to, conform to, and be subject to all provisions terms, and conditions of this Agreement and TEX. TAX CODE Chap. 351, including reporting requirements, separate fundo maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The GDAC shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, aoint, servant, or employee of the City. The GDAC shall have exclusive control of its opei.-a- tions ore organizations perfiormingethensame and the GDAC persons* be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The GDAC shall not be considered a partner or joint venturer with the City, nor shall the GDAC be considered not in any manner hold itself out as an agent or official representative of the City. s° 5.3 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified E mail, return receipt requested, addressed to the respective parties ! as follows: 1 PAGE 3 7 r F_ IV. INDEM PICATION AND IRSURANCg d g 4.1 Indemnification. The GDAC agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees form and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in con- nection with the performance by the GDAC of those services contem- plated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts or omissions of GDAC, its officers, employees, agents, sub-contractors, licensees and invitees. In case of our action filed against City as a result of such action or omission, GDAC agrees to hire counsel acceptable to City to defend City in such action or proceeding. city shall not unreasonably withhold acceptance of such counsel. 4.2 Insurance. That GDAC require all independent contractors have and maintain general liability insurance or owners' and contrac- tors' protective liability insurance. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the GDAC with another private entity, person, or organization for the performance of those services described in 2.1 above. In the event that the GDAC enters into any arrangement, j contractual or otherwise, with such entity, person, or organiza- tion, the GDAC shall cause such other entity, person, or organiza- tion to adhere to, conform to, and be subject to all provisions terms, and conditions of this Agreement and TEX. TAX CODE Chap. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The GDAC shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the City. The GDAC shall have exclusive control of its opera- tions and performance of services hereunder, and such persons, entities, nr organizations performing the same and the GDAC shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The GDAC shall not be considered a partner or joint venturer with the City, nor shall the GDAC be considered not in any manner hold itself out as an agent or official representative of the City. 5.3 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, addressed to the respective parties as follows: PAGE 3 ,C f ATTACHMENT 8 con't City: Greater Denton Arts Council: City Manager Executive Director City of Denton Greater Denton Arts Council j 215 E. McKinney 207 S. Bell Denton, TX 76201 Denton, TX 762A*'*'" &-S 7/V 241 VI. TERMINATION V l 78 f~' l 6.1 Termination. This Agreement shall commence on the day ' a of March, 1994 and continue until completion of the renovation of ' t the Campus Theatre, or midnight on February 28, 2000, whichever f occurs first. In the event GDAC has not expended all of the hotel tax funds by the termination date, it shall return the funds, 1 together with interest earned thereon, to the City, unless the City shall extend the term of this Agreement. Upon written request of GDAC, the City may extend this Agreement for two (2) additiona, terms of one year each. 6.2 Termination for Cause. In the event either shall breach or fail to comply with any provision of this Agreement and shall fail to remedy such breach within 30 days after written notice of such breach is given to the breaching party by the other party, this Agreement may be terminated. EXECUTED this day of , 1994. THE CITY OF DENTON, TEXAS i By: Bob Castleberry, Mayor i ATTEST: Jennifer Walters, City Secretary By: ti " APPROVED AS TO LEGAL FORM: Debra A. Drayovitch, City Attorney By: PAGE 4 k ATTACHMENT 8, con't LESSEE By.. res dent Veronica Beasley, GDAC Board of Directors ATTEST' ! 9 l Bys secretary i Carol Alexander, } t t i i i ~33 ' i ra t a g4? i fi a"fit; , , E,\51POO~t\K\WpUl.l t, s PAGE 5 I =CITY= =COUN( i r 11 E I i l i i _J r ~wr r p+►p M ~ t 7 s . ~ yR r Y Inr*~ 40 CITY MUNCIL RSPORT FORMAT z' - DATEt March 16, 1994 TOt Mayor and Members of the City Council FRONt Lloyd V. Harrell, City Manager SUBJECTt Consider approval of an Ordinance for City of Denton to apply for TLS III Oil Overcharge Grant Funda RZOOMMENDATIONs Approve submittal of 3 systems (each separate) for consideration in Oil Overcharge TLS III program. j $LIQMY I Three systems on are 1) welch 2) oak/Hickory and 3) Sherman. Request provides for signal synchronisation, equipment upgrades, and connection to Closed Loops 1 System I i _ t AACRORMDt l City has received grants in TL9 I, TLS II, and TM grant programs. All have been beneficial to City. .,~..a~~a pgpA_nTM$NTS OR GROUPS AFFECT$Dt Signal programs, Engineering and 'transportation Department, Police, Electric { Department, and motoring citizens FISCAL I The projects are based on 7S/25 split. The City portion is 25% with most of that from in kind labor. P8 LY SV TE i i L o acre City Manager Prepared bye n i t ~~n 4~ . Qrecur of Engineering d Transportation i Approvedt ry r1,, 3 a c Dect dXAf Engineering i Transportation X C, ANS0029C a. t , TO J[ , i Y , I ..lYS- r CITY O/DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 e i HEHORANDUH i s r DATES March 15, 1994 TOS Rick Svehla, Deputy city manager MONO Jerry Clark, P.E. Director of Eng 6 Transportation SUBJECTS Traffic Light Synchronisation - Third Program (TLS III) 7 7 j We would like to submit three projects to the State for consideration. Those are 1 as follower 1. Welch Street System Hiekcry, Chestnut, Prairie, Highland, Eagle i 2. Oak/Hickory System 1j Oak at Jagoe, fry Hickory at Ave B, Avenue A (fry), Welch 3. Sherman System Elm, Locust, Bell, Windsor The three systems are listed in order of priority by staff. if there are changes to that , please include that in City Councils recommendation. The grant applications will primarily ask for signal timing studies that will provide synchronization of each system. The application will also request interconnect ! wire to tie theme systems into our closed loop system for maintenance, observation, and operational efficiencies. finally, we will ask for some controller equipment upgrades. Total cost■ and City participation are estimated to be (State 75% - City 254)5 CITY PARTICIPATION (CASH) PROJECT TOTAL System 1 ■ $ 750905 $13,242 System 2 ■ $ 72+900 $12,502 System 3 S 64,300 $10,690 TOTAL $213,105 $36,434 wt:' 8171566.8200 D/FW METRO 4342529 Will E ~ . I E I 3. Traffic Light Synchronization - Third Program (TLS III), page 2~ 7 a We are working with Dannie Cummings of Cummings and Pewitt, incorporate to complete the application. The due date is April 5, 1994 so this is our only real window to get City Council approval of the application for TLS III. city participation is 251 which can partially be funded through in kind labor and services. The total available for the State is about one million, so we only expect to have 1 project funded of that. Please advise if you need information. J ry Cl 359 i a 2 i 9 j 4 1 ` /f f rt 1 ~;I I .1 S ~fl F ~ 1~r ' yJb Y rx , r i F N Q. 1530 ~ i t l~ej} i ~ 980 380 ry ~ II u r- 419 AVE. A AVE, A CENTRAL WELCH { ° BEATTY IL 2 Q J t BERNARD ® PROPOSED SYSTEM } i j iry G r 1^ 4 t i4. .w....r.m•,.an.avsYgr~tlkri~i~.+grtw~,i~rs.»:.x..l. K:,:..:r .:c.. .:.~.J,N.C~....t....'~~.hJ'~4JtYF~1Y~.4M~: r t o~ il "T p : r : ~ I 1' • \ a r.~dO f t I N - 1280 ,n a I cl I W W Q 2 ~ Z i. ~7 l~7 } } A O i' s r l S 'a7 Z I O a { . W. OAK 4 W, HICKORY a MULBERRY 3 W a # SYCAMORE a Li Q W 7 i 660 620 .;{111 PROPOSED SYSTEM yyy ~ ~^°."~t Y lr k r~:r ♦ X R y t N oS~R VILS NwooD 0 1000 1'=1000' Q~ CRESTOAK PROPOSED SYSTEM 000 LINWOOD GREEt4WOOD w) a f r- f Ap > w 0 a NOTE, DISTANCES SHOWN ` ARE ACTUAL PAVEMENT w z J DISTANCES MEASURED WOOD AND LONG SHERMAN DR, HWY, 380 ` L740' 4,630' I 400, 2,140' t+ t:7 i . i 6,1700 2 ~x } , • a E: %WWS \ORD\l:GMT. 14 0s -7a -te 7 ORDINANCE NO. AN ORDINANCE AUTHORIZING A TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION (TLS III) TO PROMOTE THE CONSERVATION OF ENERGY RESOURCESI AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton recognizes that it is in the interest of the national economy to promote the conservation of energy resources and to reduce our nation's dependence on costly foreign oil; and WHEREAS, the ret±ming of signals by the City of Denton will provide b:n^fits to the local community in the ford of improved traffic flow, reduced fuel consumption, reduced vehicle operatir.3 c,nts, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and }s WHEREAS, funds have been established and are available through the State Department of Highways and Public Transportation for grants to local governments for traffic signal retiring projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. ' SECTION I. That the City Council of the City of Denton autho- rises the submission of an application to the State Department of Highways and Public Transportation for a Traffic Light Synchro- nization grant and, if the application is selected for funding, the city Manager of the City of Denton is hereby authorized and empow- ored to execute in the name of the City of Denton all necessary applications, contracts, and agreements to implement and carry out the purposes specified in this ordinance and commit the expenditure of funds required by such documents. SECTION II. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r 8 BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: e tc r„ CITY 4 COUN( v • tC 0 i t I I t age91aNo co I CITY COUNCIL REPORT FORMAT Agenda+Iern.'-p- _64-- !o g T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: March 14, 1994 SUBJ: Interlocal Agreement Between the City of Denton and the City of Corinth for the Holding and Disposition of Cats and Dogs. J r.♦ RECOMMENDATION: E Staff recommends the adoption of the resolution. SSIrPIABY • I The agreement states that the City of Denton will provide certain services to the City of Corinth for the impoundment and disposition of animals brought to the City of Denton from the City of Corinth. The City will hold these animals for ninety- six (96) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals will be euthanasiaed or put up for adoption. The City will hold animals that are possible I rabies suspects for ten (10) days. The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health. For these services the City of Corinth agrees to pay j the fees net forth in tha agreement. Six dollars (96.00) per day psr animal being A held for the owner to clm.im. Seven dollars (37.00) per day per animal being fit, a15~ held for rabies observation. Fifteen dollars (15.00) for each as,imal °euthanasieed. Thirty-five dollars (935.00) for each r decapitation and shipment. L ~F ,S D alb'. rv x y I. ' Je 44 I 44 P r Interlocal Agreement: Corinth Page -2- ~ACKGROUND The City of Denton and the City of Corinth have had Interlocal agreeements for the holding and disposition of animals for the past three years. The animals which have been brought to us from the City of Corinth have not caused conditions of over crowding at the animal control facility. Since most of the costs associated with housing animals are fixed costs accepting animals from the City of Corinth will not result in an increase in expenditures. 1 ` PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Animal Control Division i City of Corinth FECAL IMPACT: It is estimated that the revenue from this program will be approximately three thousand seventy-two dollars 31072.00). This amount was included in the s revenue projections provided to you during the budget + presentations for the current fiscal year. Respectf y submitted: vtf~ K Llo d Harrell City Manager Prepared by: a ~ Nonie Malo-Kull Environmental Healtn Services Manager r Approved by "A t Mc can Execu ive Director 3 Municipal Services/Economic Development ~~r r ~ ' r i c .y r.} t4- RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: t i SECTION I. That the Mayor is hereby authorized to execute an agreement between the city of Denton and the City of Corinth for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective immediately upon its passage and approval. f PASSED AND APPROVED this the day of , 1994. 3 BOB CASTLEBERRY, MAYOR I J i ATTEST: JENNIFER WALTERS, CITY SECRETARY z I BY: ; t~ APPROVED AS TO LEGAL FORMS t DEBRA A. DRAYOVITCN, CITY ATTORNEY ' t s fi r BY3 f 1/ r 7 "r LIN Y y e a _1 9 g-; STATE OF TEXAS INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON ) WHEREAS, the City of Denton, Texas and the City of Cori^th, Texas, are both municipal corporations with the authority and power to contract; and WHEREAS, the City of Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, the City of Denton is the owner of certain vehicles, facilities and equipment designed for the transporting, holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the City of Corinth desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, and more fully hereafter described, for the benefit of the a residents of the City of Corinth, Texas; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, the City of Corinth and the City of Denton mutually desire to be subject to the provisions of Tex. Rev. Civ. Stat. Art. 4413 (32c), the Interlocal Cooperation Act and contract pursuant thereto; k NOW, THEREFORE, the City of Corinth and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: j I. A. COVENANTS OF THE CITY OF DENTON i. Hflldina of Dogff and Cats: The City of Denton agrees to accept and hold dogs end cats lawfully impounded by authorized representatives of the City of Corinth and to accept and hold dogs and cats brought to and released to the Center from residents of the incorporated areas of the C' P of Corinth under the following terms and condi...ons: Page 1 Y ) i ~ 4 Y s (a) Holding Period for Dogs and Cats: The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Anima', Control Center, unless such animal is released to the Center by the ani- mal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the City of Denton and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. i (b) Holding Fges for Impounded Dogs: For the purpose of this Agreement, the City of Denton will charge six dollars ($6.00) per day holding fee for each day that an animal is held at the Center. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. (c) ceding of Quarantined Animals: The City of Denton agrees to accept and hold rabid suspects in quaran- tine for the City of Corinth when conditions per- mit, and such action is authorized by a represents- Live of the City of Corinth. S (d) Holding Fees for Quarantined Animals: The holding fee for quarantined animals shall be seven dollars ($7.00) per day for each day that the animal is held. (e) Head Shipments and Rabies Testing: Upon request of the City of Corinth, the City of Denton will pro- vide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this P service shall be thirty-five dollars ($33.00) for each head shipped. s H. COVENANTS OF THE CITY OF CORINTH 1. Financial Responsibility: In order to reimburse the City of Denton for its costs incurred under this Agreement, b the City of Corinth agrees to pay for the holding fees and euthanasia fees on all dogs and cats received from the incorporated areas of the City of Corinth or its authorized agent if the animal(s) is not reclaimed by its Page 2 li i s' p t owner. These fees will be assessed on the following 9y _basis: (a) Euthanized Animal b OTb $6.00 per day holding fee for four (4) days for each animal $24.00 $15.00 Euthanasia Fee $15.00 Total Fee $39.00 (b) Adopted Animal $6.00 per day holding fee for four (4) days for each animal $24.00 } (c) Head Shipments $35.00 2. The City of Denton will collect impound fees from the owners of dogs and cats received from the incorporated areas of the City of Corinth. Impound fee monies will be applied to fees owed the City of Denton by the City of Corinth for animals not reclaimed by the owner. IMPOUND FEE i tat Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 3. The City of Corinth agrees payment shall be made within forty-five days (45) days of receipt of invoice by the City of Corinth. II. The City of Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Denton's employees, and agents, the City of Denton's subcontrac- tors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement i with said City of Denton. The City of Corinth agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Corinth's employees, and agents, the City of Corinth's subcontractors, and/or contract laborers doing work under an agreement or contract with the City of Corinth in performance of this agreement with the City of Denton. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the Page 3 'f c r _qW 7ofi"~~ state of Texas. It is understood that it is not the intention of the parties parties, but hthat othtc create is agreement liability be for k the benefit benefit of third of the parties hereto. II1. The fact that the City of Corinth and the City of Denton { accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare and, be rmakes it ecognized as imperative a governmental function performance these vital service and that the doctrine of governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the City of Corinth waives or shall be a deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the t exercise of governmental functions. ! IV. The terra of the agreement shall commence as of February 1, 1994 and end January 31, 1995. Thereafter, this agreement shall be renewed for successive additional one (t) year terms commencing on February 1 of each year if the City of Corinth and the City of Denton agree in writing on or before the first day of February to a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this agreement, upon thirty (30) days written notice to the other. 1 I V. ! This agreement represents the entire and integrated agreement 1 between the City of Denton and the City of Corinth and supereeder 1 all prior negotiations, representations and/or agreements, a ..ithar or oral. t signed byi both ethers City ofe Denton dandl the City tof i instrumen Corinth. VI. i This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Page 4 1 i i r_; ~ VII. 1% t In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VIII. i The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties ? hereto, and each party hereby certifies to the other that any P w in full extending force and effect. have been duly passed necessary and resotions p EXECUTED in duplicate originals this the day of 1994. CITY OF DENTON BY: BOB CASTL6BERRY, MAYOR ATTEST: JENNIFER KALTERS, CITY SECRETARY I I I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: CITY OF CORINTH, TEXAS BY:J 9 ' SHIRLEY SPE , BERG, MAYO% YJ ATTEST: F.. '1 5 l , r~~~~.w~ K BTIN on NGSR, CITY SECRETARY + CI OF COX NTH, EXAS Page 5 l a fI, r , 1 . r ,Y L , e VII. In the event that any portion of this agreement shall be found to be contrary to> law, it is the intent of the parties hereto that the remaining pcrtions shall remain valid and in full force and effect to the ex,ent possible. VIII. The undersigted officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to exec+tte this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any y necessary resolutions extending said authority have been duly passed and are now in full force and effect. # EXECUTED in duplicate originals this the day of 1994. f CITY OF DENTON a BY: j BOB CASTLEBERRY, MAYOR ATTEST: q t i JENNIFER WALTERS, CITY SECRETARY i i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY N-j BY: CITY OF CORINTH, TEXAS BY: SHIRLEY SPB L BERa,NAYORL ATTEST: 1 JKTIN GO NOBR, CITY SECRETARY CTS OF CO NTH, EXA3 S' Page 5 k - v_CITY= =COUNC • ; r 1 7yS~e ,o p ♦ '.r is • n~ i - '.7 7iY~~' l it ~ - ~ 7 L \ ~•a'e ri'1 ya ~ K l_ I ~,y~ • it pz"J goy: y, I q,, 4 I ~ 1 ~ I 4 i 1 40 ~r r• INA ~e~dnNo 2~,~0~ - , CITY COUNCIL REPORT FORMAT }ate~~ TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: March 14, 1994 SUBJc Interlocal Agreement Between the City of Denton and the City of Roanoke for the Holding and Disposition of Cats and Dogs. 1 RECOMMENDATION: Staff recommends the adoption of the resolution. SUMM The agreement states that the City of Denton will provide certain services to the City of Roanoke for the impoundment and disposition of animals brought to the City of Denton from the City of Roanoke. " The City will hold those animals for ninety- six (96) hours if not claimed by an owner. At the and of the ninety-six (96) hours the animals will be euthanasized or put up for adoption. 'rt The City will hold animals that are possible rabies suspects for ten (10) days. ` The City will remove and ship the heads of certain rabies suspects for testing by the ' Texas Department of Health. For these services the City of Roanoke agrees to pay the fees set forth in the agreement. Six dollars ($6.00) per day per animal being held for the owner to claim. { Seven dollars ($7.00) per day per animal being p t , v held for rabies observation. Fifteen dollars ($16.00) for each animal euthanasized. 42, o- Thirty-five dollars ($36.00) for each decapitation and shipment. } a, .y i ] i Y 4 :~p t. tai. ' v, Interlocal Agreement: Roanoke h Page Last nACKaRQl3ND: fiscal time that t City Of Roanoke requested an interlocal agreement for these services. The animals which were brought to us from the City of Roanoke did not caused conditions of over crowding at the animal control facility. Since most of the costs associated with housing animals are fixed costs accepting animals fron the City of Roanoke will not result in an increase in expenditures. { ` - *cnaomrt~tiTS OR 4ROL►pS AFFECTEI2: rss~ Animal Control Division City of Roanoke ~SCAi. IMPACT It is estimated that the revenue from this program hundred ind will be approximately twhie amount was included in the dollars (9 2,640.00?. revenue projections provided to you during the budget presentations for the current fiscal year. ROspectf lly submitted: r to d H rrell City Manager Prepared by: i Malo-~- ] 4>` v{ EnvironmentalKuHealth Services Manager P 1 d E` Approved by: OKe xec Live irector y Munio pal services /Economic Development S , s7 n . s 4 ~ x h \VPOUCS\0.Et\0.GMdfL0. ~SZ~ RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEJ THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION PRVISIONS OF SAID AGREEMENTI AND COLLECTION F FOFEES R ANUTHE EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES! SE ON 1. That the Mayor is hereby authorized to execute an agreement between the City of Ienton and the City of Roanoke for of which is e attached ehereto as disposition Exhibit Af and sincorporated by yreference herein. SE ION Ii. That the City is authorized to collect any fees , authorized pursuant to said agreement. fECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r 1994. 7 r BOB CASTLESERRYj MAYOR f{ f ATTEST: JENNIFER WALTERSj CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY r-BY: e 1 4 yt Skf~ ' In r , w v;r Y ~r k 9~-t-oo$ TSB THE STATE OF TEXAS ac INTERI.OCAL COOPERATION AGREFAENT COUHTY OF DENTON E J WHEREAS, the City of Denton, Texas and the City of Roanoke, Texas are both local governments with the authority and power to contract; and 1 WHEREAS, the City of Denton is engaged in the errvices of holding and disposing of dogs and cats for the benefit of the citizens of Denton( and r WHEREAS, the City of Denton is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipments and WHEREAS, the City of Roanoke desires to obtain iaipouridmer.t and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter dewsoribed, for the benefit of the j residents of the City of Roanoke, Texas; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, the City of Roanoke and the City of Denton rautually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; NOW, THEREFORE, the City of Roanoke and the City of Denton, for the mutual consideration hereinafter stated, agree as follovas i. A. COVENANTS OF THE CITY OF DENTON 1. Holding of Doaa and Cate. The City of Denton agrEeh to accept and hold doge and cats lawfully impounded by authorized representatives of the City of Roanoke and to accept and hold doges and cats brought to and released to the Center from the residents of the City of Roanoke under the following terms and conditionsi (a) Holding Period for Doga and Cats._ The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by tte Animal Control Center unleau such animal is released to the Canter by the Y y x . a ~ fyf~f , i u t SClf (PAGE Two OF FIYE3 animal's ovner, in order tq allow the owners of F the impounded animal a redaunable amount of tim'r to reclaim the impounded animal. If the animal 10 not reclaimed within the ninety-six (96) hour period, the ownership of the animal shall revert to the city of Denton and the animal vil be held for adoption or humanely destroyed. Animals vil be humanely destroyed or placed for adoption at the discretion of the Animal Control Supervisor. (b) Holding Free for Impounded Doua a:id Cdta_ For the purpose of this Agreement, the City ui Denton will charge Six Dollars 196.00) per day holding fee for each day that an animal is held at the Center. In determining the meaning of the term «atnimal used herein, it is agreed that a pregnant a which had its litter while being held, or an animal which is nursing its litter and is being kept in the sama cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is y f reclaimed. No animal will be released until all applicable fees are paid in full. i (c) Holdin of Quarantined Animals. The City of Denton agrees to accept and hold rabid suspects in quarantine for the City of Roanoke when conditions j permit, and such action is authorized by a I representative of the City of Roanoke. (d) Holding Feee for quarantined Animals. The holding , fee for quarantined animals shall be Seven Dollars (89.00) per day for each day that the animal is held. 1 # (e) Head Shipments and Rabies TestincL. Upon request of d the City of R oanoke, the City of Denton will provide for the removal and shipment of heads of rabid auspeots for clinical rabies trating at the i' Texas Department of Health. The fee for this service shall be Thirty-Five Dollars (535.00) for ( each head shipped. f, 2. The City of Denton agrees to request residence information from a person bringing or releaesiug animals to the Center in order to verify their residence in the City of Roanoke. This requested 4 information shall includes (a) The person's address and telephone number) and r (b) The person's acknowledgement of his/her residence being in the City of Roanoke. . F . i / t, v b of8 (PAGE THRE- OF FIVE) g. COVENANTS OF THE CITY OF ROANOKE 1. F_inanciel Responsibility. In order to reimburse the City of Denton for its coats incurred under this Agreement, the City of Roanoke agrees to pay t for the holding fees and euthanasia fees on dogs and cats received from the City of Roanoke or its authorized agent if the animal(s) is not reclaimed by the owner. These fees will be aaawcswed on the following basis (a) £uthanized Animal $6.00 per day holding fee for each animal as determined herein. (b) Adopted Animal $6.00 per day holding fee for each animal as determined herein. i (o) Head Shipments - $35.00 shipment fee. 2. The City of Denton will collect impound fees duly authorized by the City of Roanoke and as specified in this paragraph from the owners of doge and cats received from the City of Roanoke. Impound fee j i monies will be applied to fees owed the City of Denton by the City of Roanoke for animals not reclaimed by the owner. IMPOUND FEE lot Impoundment - 620.00 2nd Impoundment - 630.00 3rd Impoundment - 645.00 4th Impoundment - 667.00 3. The City of Roanoke agrees payment shell be made within forty-five (45) days of receipt of invoice by the City of Roanoke. II. The City of Denton agrees to and accepts full responsibility for the sots, negligence, and/or omissions of alI of the City of Denton's employees and agents, the City of Denton's subcontractors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement with said City of Denton. The City of Roanoke agrees to and acceptss full responsibility for the acts, negligence, and/or omissions of all of the City of Roanoke's employees and agents, and the City of Roanoke's subcontractors and/or contract laborers doing work under i NEW- M ~L•xz 4(~ i L. .L_WV 4 . 3 .egg I •7o-P8` FIVE) E PAGE FOUR OF an agreement or contract with the City of Roanoke in performance of this agreement with the City of Denton. It is further agreed that 1 if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be Lorne by them comparatively in accordance with the lava of the State of Texan. This paragraph shall not be cui.utrued as a waiver by eith.: party of any defenses available to it under they laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit ui the parties hereto. III. Y cCity of ollection Denton The fact that the City of Roanoke and o tthEr he accept certain responsibilities relating impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental iuununity shall r be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the City of Roanoke waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against the claims arising from the exercise of governmental functions. IV. The term of the Agreement shall be for a period of one (1) year, commencing as of October 1, 1993 and ending Septieu,bar 30, 1994. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if the City of Roanoke and the City of Denton agree in writing on or before the first day of October to a aueceaaive term end the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement, upon thirty (3) days written notice to the other. V. Thin Agreement represents the entire and integrated agreement between the City of Denton and the City of Roanoke and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City of Denton and the City of Roanoke. Vi. 3 This Agreement and any of its terms oe• provisions, as Well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. t. p #f t, I r n [PAGE FIVE OF FIVE) VII. s In the event that any portion of this Agreement shall be found to be contrary to lave it is the intent of the parties hereto that d the remaining portions shall remain valid and in full force and affect to the extent possible. VIII. The undersigned officer and/or agents of the parties hereto c are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the ddy of . 19 CITY OF DENTONa By { Mayor ATTESTS ~ C City Secretary ~ APPROVED AS TO LEGAL FORMS Byi City Attorney CITY OF YANOM a t' z By i N a 6r 3'' A TESTS/ City Secretary b+ APPROVED AS TO LEGAL FORK: Byt City Attorney ~ .v I j v' =C I _COUN( a 1 s a fro„ ' cL~- I l' i i u. ag~~idaNo A~Or 3'l8tp~~ Lr tale March 22, 1994 COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY RECOMMENDATION: That the City Council approve a policy which standardizes vehicle accident review procedures, updates and integrates three existing policies and institutes policies where none currently exist. SUMMARY/BACKGROUND: There are no City policies which standardize Vehicle Accident Review Boards among organizations. Some departments have well-established, effective boards while others have no formal means to review vehicle accidents nor determine if some e form of disciplinary action is appropriate. This policy, if adopted, provides equal vehicle accident review and disciplinary action among all City organizations. This comprehensive policy incorporates, updates and replaces three existing policies (102.06, 108.04, and 408.02). All relevant driving guidelines will now be readily available in one document. ' Additionally, new policies are established in the areas of Driver's license and driving record E f checks (2.21, Employee self -disclosure (2.61, Deffw.sive Driving Course attendance (3.21, Use of City Vehicles by Volunteer Personnel (4.3) and Use of Personal Vehicles for City business I g PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All organizations will be affected. FISCAL IMPACT: Strict adherence to the principles of this policy will have a positive fiscal 6 . " impact on the City through Increased training and awareness. Respec ily submit d, Lloyd V. Harrell City Manager tr` Prepared By: Max Blackburn Risk Manager 11 r4. 0 , t t , I r.' 58 4Kat xecutive Director of Finance Acting E W00rrr 1 r~ 0 . r t ii\wpdocs\reso\drivepo1.res ~Wy _ 14 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY; AND PROVIDING FOR AN EFFECnIVE DATE. WHEREAS, for a number of years, the City of Denton, Texas has maintained septrate policies regarding driving safety and licen- sure, use of City vehicles, and use of personal vehicles; and WHEREAS, each of these policies was in need of review and substantive modification; and WHEREAS, upon review and revision, it was determined thrh aggregating these individual policies into one comprehensive policy would to more efficient and would facilitate compliance; and WHEREAS, the City of Denton desires to take more active ,f measures in reviewing vehicle accidents and preventing future vehicle accidents, to protect its citizens and employees from loss and injury; NOW, THEREFORE, . THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES- SECTION i. That the attached Comprehensive Driving and City 2 Vehicle Use Policy shall be adopted as an official polies, of the City of Denton, Texas. SECTION II. That superseded City policies currently designa- ted by the numbers 102.06, 108.04, and 408.02 are withdrawn. SECT (ON 111. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. rr BOB CASTLEBERRY, MAYOR i M ? f ATTESTi JENNIFER WALTERS, CITY SECRETARY BY- ht J !1 ' Sr : YWy{ Y v Y s/Rrs S ~P7 rta.tr l r¢ ' tint. w~ . 1 J _1/'W APPROVED AS TO LEGAL FORM: `l( DEBRA A. DRAYOVITCH, CITY ATTORNEY s BY. r' I F , ~ f f tixr 1 i i h i d; .ql '~v a L i ~ le V Y~1^• 4Y rl, ty",l .r 9 IN 1 ~6L 1 # ' PAGE 2 d., 1 + i r' 'NW ~oray D CfTY of 0ENTONF TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: Lloyd V. Harrell, City Manager FROM: Max Blackburn, Risk Manager DATE: March 22, 1994 SUBJECT: COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY 1. The primary purpose of this policy is to standardize, and in some cases institute, Vehicle Accident Review Boards throughout the City. Secondarily, took this opportunity to update and incorporate three (3) existing policies (102.06, 108.04, 408.02) which are, for the most part, obsolete or ' inadequate. t 2. The Department Vehicle Accident Review Boards (DVARB) are patterned after the utility board which has been operating successfully for several years. This policy requires that every employee has his or her vehicle accident review3d by a DVARB. Disciplinary action, if warranted, will be equally administered throughout the City. 3. Adoption of this policy will place all vehicle policies and procedures in one document, increase morale through equitable treatment of all employees, and reduce the cost and frequency of vehicle accidents. ti. 4. Recommendation: That the policy be placed on the City Council regular agenda for approval on Marcy 22, 1994. t ' R ~ MBab k AFFOMF , 8171566.8200 D/FW METRO 434.2529 t CURRENT POLICY CITY OF DENTON PAGE 1 OF 3 k POLIMAD11INISTRATIVI 111I0CIDOII/ADMII11STRATIVS DIIICTIVI REFERENCE SECTION. NUMlER PERSONNEL/EMPLUiEE RELATIONS 108.01 EFFECTIVE DALE r SusJECT. 11/16/36 STANDARDS OF CONDUCT FOR EMPLOYEES REPLACES. TITLE: USE OF CITY VEHICLES ~s ,d POLICY STATEMENTS City vehicles shall be used only for City business, except as otherwise r provided for in the administrative procedures promulgated by the City Manager. This policy and the administrative procedures adopted pursuant f` thereto shall apply to all personnel of the City, except for those personnel of the Police Department using City vehicles under the Individual Assigned Vehicle Plan, in accordance with General Order No. 109.00, ADMINISTRATIVE PROCEDURES This policy shall be administered and applied in accordance with the following procedures and regulations. It DEFINITIONS A. City vehicle shall mean any motor vehicle owned or leased by the City. S. City_buainess shall mean any authorized work or activity performed by a City employee or other person on behalf of the city. C. Authorized personnel shall mean those parsons authorized to use a { City vehicle in accordance with these procedures, D. 'On call_ employees shall mean those employees subject to be summoned to perform City work or duties beyond their normal work hours, r II. RULES AND REGULATIONS FOR USE OF CITY VEHICLES Ae No employee shall use a City vehicle for commut}ng to or from his or her residence during off duty work hours unless ruthorized to do so ii accordance with these procedures and regulations. 6 PAGE? OF 3 POLICT/ADMINISTRATIVS PROCSDORE/ADHINISTRATIVS DIRECTIVE (COREFERENCE MBER 108.04 iTL E: NU . LSE OF CITY VEHICLES H. iCity cles should gnitionikeys removed at any tima during which the vehicle is parked. dlto transport any person, except C. City vehicles shall pnoto be used for the purpose o. City vehicles should, when feasible, be parked off-street, except when otherwise necessary to perform City business. E. Employees shall use all reasonable care in the operation and use of City vehicles and shall promptly uited or needed servicing, repairs or person or department any req maintenance, ' G. Any accident or collision involving any damage to any City t vehicle, any other vehicle, any private or >>ublic property, or r injury to any person, shall be immediately reported to the police department in whose jurisdiction the incident occurred, and ii within twenty-four hours (24)► to the employee's supervisors The t: Denton Police Department shall promptly forward any reports involving City vehicles to the Vehicle Maintenance Division and Office of the City Attorney. H. Employees shall operate all City vehicles in compliance with applicable traffic laws. III, AUTHORIZATION FOR 'TARE HONE VEHICLES' h. An employee may be authorized to take a City vehicle to their residence during off-duty hours when an 'Authorization for Take-Home Vehicle' (Attachment 1-198.4) has been completed, signed by the employee and approved by the designated super- visor. The Division manager or Director shall maintain a file maintato cl shall forward approved of all aintenanceDivisiones which and intaefileione maintenance approved requests. 1'11 4 a Q`?' 0cc O body I f FACE 3 OF~ POLIMADYINIATIATIVI PIOCSDURVADIIINIdTIATIVI DIIfOTIVI {Csatieeed) REFERENCE NUMBER: TITLE: 106.04 (19P or ITY VEHICLIS 8. The authorization for a take-home vehicle may be approved when a the employee is an 'on-call' employee who has a job-related need for the vehicle after normal working hours and tYe employee resides in the city limits of the City of Denton, or, if the employee does not reside in the City, the authorization has been approved by the City Manager. r: C. The approval for a 'take-home' vehicle shall be made for the t purpose of assuring the performance of City business and such t authorization or use shall not constitute or be considered a l vested employment benefit or right of the employee. Such authorization or use may be denied, revoked or suspended at any j time for any reason or for no reason. J 7o~y1094} 02/16/97 li r a F: CURRENT FOLSCY CITY OF DENTON FAGE.1.Of., ADMINISTRATIVE POLICY / PROCEDURE _ REFERENCE SECTION: FINANCE POLICIES NUMtE R: 408.02 EFFECTIVE DATE: r SUt,ECr: REIMBURSEMENT OF EMPLOYEE EXPENSES 4/7/82 REFUCts. TITLE: USE OF PERSONAL VEHICLE 1. Reimbursement for Occasional Use. The City of Denton will pay employees $0.2S per mile for using their personal car on City business. 2. Reimbursement When Job Requires Personal e' Vehicle. When the City of Denton foh description requires an employee to furnish a personal vehicle as a condition of employment, the City will pay $0.25 per mile plus $29 per month, The $25 per month reimburses the employee for fixed expenses associated with the vehicle such as registration and insurance. 3. Maintenance. The City pays for maintenance costs through the mileage charge. Consequently, the City will not pay employees for separate maintenance. If an employee's vehicle fails to operate and the employee is out of town, the City ¢ will pay the cost of towing the vehicle to the kf a R PAGE-LOP-L CITY OF DENTON AOMINISTRATIVE POLICY / PROCEDURE (Continued} nErEnEncE TIT LC USE OF PERSONAL VEHICLE µuMEEN:408.02 nearest garage. if, however, the employee is in town, the City will not pay the cost of towing. i 4. Insurance. Employees are responsible for informing their insurance comuanies that their vehicle is used for business. The City will insure employee vehicles to cover the City's liability incurred while driving on City business. Employees are responsible for their own insurance coverage for "uninsured motorist," "collision" and "comprehensive." t , n . I, a TO- . r t i k. r~ , is l ,l i t k F°14, q@ AUTHORIZATION FOR TAKE HOMB VEHICLE 4~Rr7n_~y// boo Pa ~ DEPARTMENT DIVISION VEHICLE t VEHICL% TYPE _ AUTHORIZATION: New Change Temporary ti EMPLOYEE INFORMATION: ~tomJe Addree" hon No= i { REASON FCR AUTHORIZATION: {_I 1. stand-By 2. Frequently Called Out/Service" S. Job Related Need 4. Frequently Called Out/Emergency Sarvices 5. Temporary } 6. Public Health/Safety ; _ In"ide City Limits _ Outside City Limits Number Of Niles To Drive Ruand Trip From Home To work I have read policy number 108.04 Use of City Vehicles and fully understand may responsibilities. _ i Employee signature Date REQUESTED Division ~r Manege Date Y ApnOVED Director Date APPROVED City Kanager Date ,y (Required for out of City liwita) 1094 C . F 1 9N ,Q~S CITY OF DENTON 4- _y___ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIR ©TIV PAGE~_OF ]Q ®v~aaa~~ass~ ae~® =mom SECTION: FIEFEAENCE NUMBER: Finance/Risk Management 409.05 SUBJECT: EFFECTIVE DATE: Vehicle Safety Operation and Use nTU: COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY 102.06 108.04 408.02 Policy Statement: City Vehicles shall be used only for City business except as otherwise providod In the administrative procedures k promulgated by the City of Denton, and the individual Assigned Vahicle Plan, General Order No, 89.12 of the Police 'y Department, or as specified by the City Council. Risk of loss from vehicle accidents Involving all City employees will be minimized through driver record screening, hands-on training and education, defsnsivs driving training and standardized vehicle accident review procedures. r-, w This policy applies to all employees, regular full-time, regular part-time, temparsry, and seasonal. Pollee Officers and Fire Fighters are subject to the applicable provisions of Texas Local Government Code Chapter 143, the Rules ` of the City of Denton Fire Fighters and Police Officers Civil Service Commission, and the general rnd special orders ' of the Ponce and Fire Departments, which may Incorporate am* or all of the provisions of this oalicy. _ Administrative Procedures: I Contents: 1.0 Definitions 2.0 Driver License Requirements 3.0 Driver Safety and Training 4.0 Use of City Vehicles 6.0 Use of Personal Vehicles 8.0 Vehicle an3 Motor Driven Equipment Accident Procedures 7,0 Vehicle Accident Review Procedure 1.0 DEFINITIONS r) yi. 1.1 Authod:ed Personnel shall men those persons authorized to use a Gty vehicle In sccwdsncs with these procedures, 1.2 ,Qb Nsjpstj shall men any authorized wcrk or activity performed by a City employee or other person on behalf of the City, } 1.3 City Vehicle theft men any motor vehicle or motor driven equipment owned of lossed by the City . 1.4 On Catl fmolovaeill, shall mean those employee subject to being summoned to perform City work or duties beyond their normal work hours. v4 . r i _ PIS- ~r` g~ PAGE OF 12 POLICYIADMINISTRATIVE h(SITIATIVI DIRECTIVE IConinuedl REFERENCE NO. TITLE: 409.65 COMPREHENSIVE DRIVING AND CITY VEHICLES U 2.0 DRIVER'S LICENSES AND DRIVING RECORDS. 2.1 oThe City of perator's orDcommerc alydriver's licenses aserequired by the State of Texas. hEmp oYees h who use the personal vehicles while conducting tawny business shall maintain current liability insurance and driver's license in accordance 2.2 SThe Risk Management will afety every six monthOi f1c rg C ty of uDen onvem's license ployees, chock through thorough review, th dr viers' records loss of employees, Direcor, of lions rs vehicle accidents will be forwarded to theeappl c ble'superintte dient alnd thetiple or violations ~ Human Resources for their review and appropriate action. Employees so identified will be suspended from driving City vehicles during the review process. requ rator's of valid op is eitl•censu s, rmust pass theewritten portion ofrthe comme 2.3 Individuate who apply for positions or sady possess transfer to license, and who do not air employment within five 51 working days and may examination for t then specific the driving portion of the examination fn must p not bogie work until the applicable license is obtained. A driver's record check will be made prior to position. asst4nment € operate City vehicles will be sufficient grounds fo t license to r 2.4 Fnil ue to to the maintain new the r f required driver's redsss;TCation to a non-driving position, disciplinary action or termination. i 25 Employees shall self-disclose, without the necessity of an inquiry, any loss or limitation in driver 1G:snse ' status, and any and all arrests, charges, or convictions for Driving While Intoxicated, Driving Under the or Reckless Driving, whether such incidents gs, Involuntary tvehieular) Manslaughter, Influence of Dru 11 1 arose of of work-related driving or not. Employees shall matte such self-disclosure to the Risk Manager, siness until or his or her designatte, Ri k the earliest Manager,, or~ is or heir d signate a Employees who fail to mike such required rtunity and shelf cleared t do so by d shall be subject to discplinary vehicle on City el'il seirrd'isclouee, earliest Including a mina{on. prior required Fo the urposes of this section, "fierlilst ddent, means prior to 16:00 a.m., focal time, on the lint business day folloWng the precipitating incident. 21 3.0 DRIVER • SAFETY AND TRAINING. s demonstrated 3.1 Department directors shall confirm that an employee or applicant ha the ability to operate eq individuals vehicles and other satisfaction of his or he sups visor Training veil berconducted pfor thoseoin oc to not satisfactorily operate such equipment. Under no circumstance shall an unsupervised who cam an employee be allowed to operate a vehicle or piece of equipment for which he or she is untrained or unqualified. 3.2 Employees who are required to operate vehicles as part of their job descriptions or normal dLt;es shat s attend a Defensive Driving Corse 1000i as soon as possible after employment and each three 131 years thereafter. Empovses may aironga to attend a ODC class conducted for employees by the City by contacting the Risk Management OHice. Each department will maintain driver records and budget for I `A' I t 9 I i. POLICY/ADMINISTRATIVE PROCEOUREIADMIRIMRATIVE DIRECTIVE lContinu dlEJ_OF?4 TITLE: FERENCE NV. COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY RE 409.05 I~ completion of DOC courses, 3.3 All City drivers shall wezr safety belts when any vehicle is in motion and require all occupants {including k back seat passengers) of the vehicle to do likewise. This applies 10 motor vehicles, other than motorcycles, as those terms are defined by Tex. Rev. Civ. Stat. Ann., an 6701d 12, or its successor. 4.0 USE OF CITY VEHICLES. All employees who operate City vehicles and motor-driven equipment must adhere to the minimum requirements and standards outlined in this section. 4.1 Rules and Regulations for use of City Vehicles 4.1,1 No emFloyes shall use a City vehicle for commuting to or from his or her residence during off- duty work hours unless authorized to do so in accordance with these procedures and regulations. a- 4. f .2 Every employee who is responsible for a City vehicle shall properly secure, lock, and remove the Ignition keys from the vehicle at any time during which the vehicle is parked and unattended. 4.1.3 No employee shall use a City vehicle to transport an performing City business. Y person, except for the purpose of 4.1.4. Every employee driving a City vehicle shall use best efforts to par'c the vehicle off-street, except when otherwise necessary to perform City business. 4,1.5 Every employes who drives or is otherwise responsible for a City vehicle shall use all reasonable care in the operation and use of the vehicle and shall promptly report to the appropriate person 1 or department any needed servicing, repairs or maintenance. 4.1.6. tech employee operating a City vehicle shall comply with all applicable traffic laws. 4.1.7. An employee shall not transport alcoholic beverages or any other Intoxicant within or upon a City vehicle at any time. 4,f .8 Employees are not authorized to conduct personal business in City vehicles during work hours except as specifically authorized by this policy. 'Personal business' includes running personal I errands and shopping. r 4,1.9 During scheduled work shifts, an employee operating a City vehicle is authorized to stop for reasonable, limited time periods for meals, to obtain refreshments x to make bank transactions on payday. Discretion will be used by employees when more than three other City vehicles are already present at the estabtishment, k ' 4,1.10 Employees operating City vehicles are not authorized to transport family members or friends for non-City business. Supervisors may grant specific and limited exceptions to this rule when the employee demonstrates good cause and an urgent need. Supervisors may tnly grant such exceptions on a case by case basis, and may not grant blanket exceptions on a continuing basis. 4.1,11 Supervisors may authorize employees to operate City vehicles to transport sick or injured Y f . !!//pp~~' PAGE A _OF 1C POLICY/ADMINISTRATIVE PROCEDUREIADMiNiSTRAl1VE DIRECTIVE (Continued( TITLE: REFERENCE NO. COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409.05 individuals to medical care faciiities in specific emergency situations, Each suoervisor is strongly encouraged, if time permits, to discuss any such authorizations with his immediate supervisor and an authorized representative of the Department of Human Resources. 4.2 Authorization for 'Take Home Vehicles' 4.2.1 An employee may be authorized to take a City vehicle to his or her residence during off-duty hours when an 'Authorization for Take-Home Vehicle' Form (Attachment 1409.051 has been completed, signed by the employee and approved by the designated supervisor, The Division Manager or Director shall maintain a file of all approved requests and forward a copy to the Vehicle Maintenance Division, which shall also maintain a file of approved requests. 4.2.2 The authorization for a take-home vehicle may be approved when the employee is an 'on-call' employee who has a job related need for the vehicle after normal working hours and the employee resides in the corporate limits of the City of Denton, or, if the employee does not reside In the City, the authorization has been approved by the City Manager. 4.2.3 Employees authorized to take vehicles home are authorized to make reasonable, brief and limited stops before cr after assigned work shifts while travelling to and from work to conduct personal errands, such as obtaining a limited number of grocery items (a loaf of bread, gallon of milk, etc.(, picking-up cleaning, making bank transactions, and the like. Under no circumstances may on employee conduct such personal wands other than while travelling to and from work, nor i may the employee deviate unreasonably from the most direct route between his or her home and job assignment. i I E 4 4.2.4 The approvel fora 'take-home' vehicle shall be made for the purpose of assuring the performance of City business, and such authorization or use shall not constitute or be considered `~--J a vested employment bonsfit or right of the employee. Such authorization or use may be c denied, revoked or suspended at any time for any reason or for no reason. ky 4.3 Use of Ciry Vehicles by Volunteer Personnel 4.3. 1 Volunteers are authorized to drive City vehicles provided the: • Use is authorized by the involved Director or above, • Use enhances the ability of the City to provide services. • Selected driver has successfully demonstrated the ability to drive the provided vehicle, 1 and - • Selects d driver has a current Tess drivers license appropriate for the vehicle to be used. 4,3.2 Volunteer drivers are not considered to be City employees, and thus are not covered by the Texas Worker's Compensation Law. Volunteers who wish to file a claim for Injuries or damages associated with their volunteer work must contact the Office of the City Attorney. ~t 4.3.3 Department Directors who use volunteer drivers shall ensure that appropriate waiver forms are } signed by all passengers prior to trip departure. 4.3.4 Department Directors shall ensure that Volunteer drivers are scheduled to attend a Defensive Driving Course as soon as possible if they are to drive City vehicles on a regular basis. i l f 4 8 y 15 0f."'J PAGE _LOF 10 POLICYIADMINISTRATIVE PROCEDUREIADMINIS_TRATIVE DIRECTIVE fContinuedl fassre~~s--- ( TITLE: REFERENCE NO. COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409.05 4.4 Federal Taxation on the Personal Use cf City Vehicles. 4.4.1 In accordance with internal Ravenue Service (IRS) Rules, employees are to be taxed on the va'ue of thei: personal use of employer provided vehicles, unless thoy fall into an exempted category. The exempted categories are as follows. e Clearly marked police and fire vehicles; e Delivery trucks with seating only for the driver. or only for the driver plus a folding jump seat; e Flat bed trucks; e Cargo carrier with over a 14,000 pound capacity; • School and passenger buses with over a twenty 1201 person capacity; f e Ambulan•,ss; e Hearses; e Bucket trucks; e Cranes and derricks; e Forklifts; K a Cement mixers; e Dump trucks; e garbage trucks; L e Specialized utility repair trucks (except vans and pickup trucks) -4 a Tractors, and e Employees who are required by their supervisors to take city vshicl03 home to be available for possible emergencies. 4.4.2 Supervisor who have employees that take home vehicles that are W in one of the exempt categories shall contact the Finance Department at extgnc)on 8107 by December 31 at of each yesr to provide the namelsl of such employeesls). ` 5.0 USE OF PERSONAL VEHICLES 5.1 City employees are expected to carry Iiabifity Insurance on any personal vehicle used to transact City business. Employees will contact his or her Insurance carrier to determine the necessity for a 'Business Use' rider to their police. The City will not assume tespons.bility for any deductible amounts necessitated by claims, and the employee shall bear the responsibility of pursuing claims against either his or her carrier or the other driver in the went of a collision or other loss. If the City employ" does not receive full compensation (e.g. an uninsured driver), a claim for the unpaid expense may be filed In the office of the City Attorney. All such claims must be accompanied by full documentation of payments and expenses. 51 Reimbursement for occasional Use. The City of Denton will pay employees for using their personal vehicles on City business at the iRS mileage rate, as such may be amended from time to time, 5.3 Meter Readers. The City will pay meter readers using personal vehicles the IRS mileage rate plus a set fee per month for maintenance and Insurance. Meter readers then maintain current liability ` insurance throughout their term of employment. Failure to maintain current registration, vehicle t 1f` Inspections, liability insurance, and an appropriate driver's license may result In disciplinary action up to and Including dismissal. ?xr° i /Y qy~_ ' Zy~ff PAGE JLOF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINIfiRATP/E DIRECTIVE IContinuedl a °s uses TITLE: REFERENCE NO.~ COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409.05 5.4 Maintenance and insurance. The City pays for maintenance and ins,iranee costs through the mileage payments. Consequently, the City will not pay employees for vehicle repair costs. If an employee's vehicle falls to operate while he or she is out of town on City business, the City will pay reasonable towing costs to the nearest garage. The City will not pay towing costs within the City. 5.5 Volunteers. Persons who donate their time and services to the City are not covered by the Worker's Compensation Law or by the City's Risk Retention Fund and the City assumes no liability for the use of their personal vehicle during any volunteer activity. 6.0 VEHICLE OR EQUIPMENT ACCIDENT PROCEDURES. 6.1 When Involved in a vehicle collision, each City employee operating a City vehicle or equipment and each City employee operating a personal vehicle in the course of transacting City business is required to do the following: 6.1.1 Notify his or her supervisor immediately. v' 6.1.2 Notify local law enforcement authorities if non-employees were Involved, of if property not } owned by the City is damaged. 4F 6.1.3 Remain at the scene of the accident until released by competent authority. 1 S~, i 6.1.41 Obtain names and addressee of the other party and any witnesses. 9) 6.1.5 Talk with no one at the scene concerning the accident except law enforcement officers. 6.1.6 Under no circumstances, give statements or talk with anyone stout the accident after t~ J leaving the scene without first obtaining approval from the Office of the City Attofney. 6.1.7 Refuse to sign or place his or her signature upon any papers or documents relsted to the accident, except for official police reports and ticket citations, without prior approval from the Office of the City Attorney. 6.1.6 Assist the supervisor in the completion of the City of Denton 'Notification of Accident' i report, . 6.2 The SuperAsor shall: 6.2.1 Notify the Police Department if the vehicle operator has not already done so. 6.2.2 Notify the Office of the City Attorney and the Risk Management office immediately during regular duty hours. After duty hours, accidents resulting in death or severe personal injuries shall be reported to the Risk Manager. 6.2.3 If necessary, go to the scene of the accident to assist in the investigation. Take pictures of the accident scene as required. I a ll l N ♦e' 4 . i i 4 f Y~ 1 Ry-GYM 8 I7,0 PACE ZOF JQ POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE; RE;EAENCE NO. COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409.05 6.2.4 Notify the Human Resources Specialist or the Director of Human Resources immediately for possible substance abuse testing in accordance with City Policy 108.12. 6.2.5 Complete and submit the 'Notification of Accident' report to the Risk Management off" not later than two working days after the accident. 8.2.6 If the e;r ployse was Injured, fill out the appropriate worker's compensation forms. E 8.3 Police Officers shall: 6.3.1 Investigate all accidents occurring within itsjurisdiction involving a city vehicle and property not owned by the City. 6.3.2 Notify the City driver's supervisor if the City employee is physically unable to do so. It unable to contact a supervisor, notify the Risk Management office as soon as practical 8.3.3 Forward a copy of any reports, Including amended reports, involving City vehicles to the Vehicle Maintenance Division, the Office of the City Attorney, and the Risk Manager. 7.0 Vehicle Accident Review Procedures. The City of Denton will standardize the review and disposition of all vehicle accidents and incidents involving City vehicles and drivers. Departmental vehicle accident review boards shall be held regularly to determine actions required to comply with city policy. A City vehicle Accident Review S)ard will be formed to ensure compliance and j standsrd4stion. 7.1 Department Vehicle Accident Review Board IDVARS)• The following DVARB are required for compliance with this policy. i 7.1,1 Police Department 7.1.2 Fire Department 7.1.3 Utility sx` 7.1.4 Community Services 7,1.5 Municipal Sarvias/ Economic Development and EnQInsering-Transportation a. Board will also Include: Building Inspections, Airport Services and Warehouse. 7.2 City Vehicle Accident Review Board (CVARS), The CVARB shall consist of the following Positions: e Deputy City Manager (Chairperson) ` e Executive Diractor of Utilities e Executive Director of Finance e Risk Manager e Fleet Superintendent e Department Representative (ace required) ~F i I :~IAA M, r t t PAGE ,LOF 1Q POLICYIADMINISTRATIVE PROCEDURE! INIS`Tt1ATIVE DIRECTIVE IContinuedl ' TITLE: REFERENCE NCE 77 COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 409.05 71.1 The CVARB shall meet periodically (as determined by the Risk Manager) to review Departmental Board reports for: e Standardization of board actions e Trends e Disciplinary actions las required) a Procedural modifications ias required) 7.2.2 The CVARB shall review and recommend action for any accident not within the purview of one of the Department Vehicle Accident Review Boards. 7.3 General Guidelines r: p' 7.3.1 Each department shall appoint a chairperson and board members in accordance with this procedure. Every effort will be made to have stability of board members to ensure standardization of board action throughout the year. The chairperson may be changed on a rotational basis as desired. 7.3.2 Each board shall use the accident review format at paragraph 7.4 as a guideline to determine required action for each vehicle accident. 7,3.3 Accidents occurring prior to January 1, 1990 will not be used by the DVARB for the purpose of determining which level of progressive discipline is appropriate. 7.3.4 Department Vehicle Accident Review Board results will be forwarded to the Risk Management Office for analysis and review. The Risk Manager will compile and format ` Information for the City Vehicle Accident Review Board. 7.3.5 Results and/or action items from the City Vehicle Accident Review Board will be provided by the Risk Manarrer to the chairperson of each OVARB. i 7.3.8 A memorandum, detailing accident background, board results end action required shall be provided to the affected driver following each OVARB meeting. 7.3.7 If more than one employee Is held responsible for an accident, the OVARB shall determine the proper disciplinary action for each employee. 7.3.8 A copy of recommended disciplinary actions will be forwarded to the Department of Human Resources. j 7,3.9 ",lisciplinary actions shall be administered In accordance with City policy 109.01. 7.3.10 Appeals shall be processed in accordance with City policy 109.03 rn , ;f y s i. I 4 f i a PAGE _3_0 F 1Q POLICYMADMIN)STRATIVE PROCEDUREIADMINIST TIVE DIRECTIVE (Continued) REFERENCE N0. [TITCCOl_'_ LES 409.05 REH ENSIVE DRIVING AND CITY VEHICLES USE POLICY 7.4 Accident Review • Driver Evaluation U Accident Occurs 0n' • I. While city vehicle is legally parked Accident is non•preventable and no further action is required. Il. While the city vehicle is in notion Accident Is non preventable and no :-rftr but prevention of the accident action is required. was beyond the control of the driver, III While the driver was operating The supervisor will determine if the industrial equipment (Backhoes, employee should appear before the graders, loaders, etc) at a jab site DVARB. If the employee does not meet or was involved in an Internal the Board, a written report, which accident where the total phys?ce1 describes the accident and any disciplinary damage was leas than $250.00 action, will be presented to the DVARB for review, The DVARB will have final determination for disposition of the Incident. IV. And the driver of the city vehicle to Accident is preventable and the foUOvvft partially to blame or failed to scdon is required: exercise preventive measures ba. I &I Offense: Oral . 2nd Offense within d2 two (21 Prk red year within his of her control. Period: 1. Written Reprimand 2. Attend defensive driving (own time and expenee) r c. 3rd offense within a three 131 year period: Employee will be suspended without pay for a period of one it) to three (3) days. V. And the driver of the city vehicle 1s Accident is preventable and the following chiefly or totally to blame action Is required: a. tat Offense written Reprimand b. 2nd Offense within a three (31 year f f . va(W: Employee will be suspended without pay for a period of three (31 4 . to five (5) days. 0 i } K r CJO N PAGE 10OF10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE SDIRECTIVE (Continwdl TITLE: REFERENCE NO. COMPREHENSIVE DRIVING AND CITY VEHICLES USE POLICY 405.05 If Accident Occurs: Then: VI. And the accident Is caused by the Disciplinary action will, at the discretion of misconduct or negligence of the the OVARB, range from: driver, including but not limited to: I. Suspension without pay for a period intoxication, horseplay or misuse of of not less than five 151 days not equipment more than thirty (301 days. b. Dismissal from City employment. Vil And the driver has more than two Disciplinary action will, at the discretion of Category V or one Category VI the DVARB, range from: accident, or more than three class a. Suspension Wthu.lt pay for (301 IV accidents or a combination of days. more than three category IV, V or b. Reclassification to a non-driving V1 accidents within a 13) year position if such is available. period, C. Dismissal from City employment. The employs@ will be suspended from driving pending final disposition or retraining. f y. ~ I m AFFO"00 : •F it . ATTACHMENT 1.409,05 0>~ZU AUTHORIZATION FOR TAKE-HOME VEHICLE DEPARTMENT: _ DIVISION: VEHICLE NUMBER: VEHICLE TYPE: r AUTHORIZATION: New Change Temporary EMPLOYEE INFORMATION: Name: Title: Home Address: Phone: REASON FOR AUTHORIZATION: 1. Stand-By 2. Frequently Called Out/Services 3. Job Related Need 4. Frequently Called Out/Emergency Services 5. Temporary 6. Public Health/Safety I Inside City Limits _ Outside City Limits Number of Miles To Drive Round Trip From Home to Work I have read policy number 409.05 Comprehensive Driving and City Vehicle Use Policy and fully understand my responsibilities. Employee Signature: . , Date: APPROVED: Division f danager Date: ` APPROVED: Director Date: CITY MANAQER APPROVAL REQUIRED FOR OPER4770N OUTSIDE CITY LIMITS APPROVED: City Manager Date: F, Il . i i I CME?,r POLLcY CITY OF DCNTON PAGE-L.CP L- POLICT/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIBE_CTIVB DLI REFERENCE 3ECTION: NUMBER; PERSONNEL/WLOYEE RELATIONS 102.06 SUSACT: EFPECTiVE OATE. EMPLOYEE APPOINTMENT 10-30-8s TITLE REPLACES. TEXAS DRIVER'S LICENSES AMD DRIVING RECORDS POLICY STATEKW4 .~2 afa~/- The City of Denton requires all employees driving and/or operating a city vehicle to have the appropriate driver's license as required by the City of Denton and/or the State of Texas. Effective January 1, 1984, a new classified license plan uas issued by the Department of Public Safety (DPS). According to DPS, this new plan does not affect the validity of a current operator, commercial operator, or chauffeur license issued prior to January 1, 1984. These licenses will continue in effect according to their terms until they are converted to an equivalent class of license (Refer to Supplement lA, new "License Class Indicator") 1 Persons that apply for positions aadLoT transfer to positions requiring a valid Texas Classes A,B,C, or K license must have passed the written portion of the examination for the specific license required prior to scheduling the initial interview process. The applicant selected foe employment must pass the driving portion of the'exasilnatloa within five (S) working days and may _ not begin work until the required license is obtained. "ioyea` s required to have a valid Texas A,B,C, or K license must continue to meet these requirements to continua employment. Employees required to have an A,B,C, or K license must: 1) not exceed the limitations established by the State of Texas to maintain a driver's license; r 2) not exceed criteria established by the Accident Review Board; 3) Report conviction of a third moving violation in a twelve (12) month period, including those in personal or private vehicles, to employee's supervisor no later than the close of the next working days and 4) report accidents c involving City equipment to their supervisor immediately. All accidents involving damage to City vehicles, equipment, or property and i all moving violations involving City vehicles must be reported to the Office of Emergency Kanagement. r Upon receipt of any moving violation, citation, or accident in City vehicles, or any Incident in which City equipment is damaged and repairs exceed $100.00, r the employee or employees involved must appear before the Aos"4at-Review s botrd-:-- S. t. I .J o I:. t•A I POLICY/AD1fINIbT8AT1VE PROOIDIIAE/ADHINISTAATIVI DIAACTIVI {CoaNaud} TITLE: REFIAINCA yUtAa ER: MV112 Q-LICEHSES AITD DRIVING RECORDS 102.06 I I Supervisors must conduct a driver's license check of all eaQloyess whose job requires operation of a City vehicle or equipment to verify that a current, valid, appropriate driver's license is being maintained. This check must be done on a quarterly (3 month) basis. Failure to maintain the required driver's license to operate city vehicles will be sufficient grounds for disa.plinary action and/or termination. Copies of Texas Department of Public Safety Texas Driver's Handbook are available upon request from the Office of Emergency 1Lanagement. I! I F ~ j 025dd 10/31/04 % I r. i a; 555. L ^4 f ~ 1 t f s~ ~r GENERAL FUND REVENUES SUMMARY FOR FISCAL YEARS 1990 THROUGH 1993 DESCRIPTION 3989-90 1990-91 1991-92 1992-93 AD VALOREM TAXES CURRENT YEAR AD VALOREM 9,103,513 8,938,707 9099470 91213,407 DEL[NQUENTAD VALOREM 2476.3 2031887 240,414 308,019 aMENIT-PENAL AM d BiTERESi 12.1,074 105,786 80,532 74,971 PRIOR-PENALT ES & INTEREST 98290 801084 99,983 118,397 TAX COLLECTION FEES 10104 78_ ,4.36 79_143 40,014 SUBTOTAL AD VALOREM TAXES 4,671.398 9,407,522 9.519.932 _9,777.608 SALES TAX ALES TAX S 16i 1383 5,342,818 55 36.601 6131 1.913 FRANCHISE ACMEE318NTS FRANCHISE-LANE SPAR GAS 190.10 21105 294,10t 270.700 17ANCHISE-CITE 140,870 10,20 180,491 • 129,889 FRANCHISE-BANKS 32,620 48250 0 0 FRANCHISE-TUELECTRIC 0 0 34,798 51,373 FRAI4CMSE-TPAL 30,067 M1627 0 0 E ki"CH ME-SAMIILONT 182 ,582 2 4.113 239,505 2A.719 SUBTOTAL FRAN4MSHAORHHMEI 377.!96 61AL940 749.093 72 89! OTTIER TAXES MTXHDBEVERAGE TAX 572!3 61,01,4 68,137 63,070 HOlMAlOTEL TAX 300275 511.946 428.783 485.847 BJXGO TAX X615 18.801 18.441 11,611 SUBTOTAL OTIIBA TAXES 391,113 601~766 312,381 SW98 TOTAL ALL TAXES 15,801-M lJ,N7,gjf,, 14,321.01 17,3711 x " DURLNGFWAL YEAR 1991-92 GTE BEGAN QUARTERLY FRAM -MSE PAYMENTS INSTEAD OF ANNUAL THE AMOUNT SHOWN INCLUDES on (1) ANNUAL AND ONE (1) QUARIERLY PAWENT, t s c~ I mow f T y COUNC T lrr~. I r I r~ T r rw I I ~ r _J P ' Y • V f I I a a I I I II 1 r7) 1 r I I S I Lm EE 1 I