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HomeMy WebLinkAbout06-21-1994 4 i i ~ y j S } CITY COUNCIL AGENDA PACKET ' b/21/94 I t , rl' it ~ f ; +y fey f a t R N f L I r ApeadaRo. ool Wl Agaedalte AGENDA late'n CITY OF DENTON CITY COUNCIL ~(jT S JUNE 21, 1994 ! Executive Session of the City of Denton City Council on Tuesday, June 21, 1994 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:15 p.m. i 1. Executive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 4 ~ 1. Consider action in Cohagen et al v. City, of } l' Denton. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE i Sec. 551.074 Work Session of the City of Denton City Council on Tuesday, at 6:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: Any item listed on the Agenda for the Work session may J also be considered as part of the Agenda for the Regular 3ession. J 6:00 p.m. f 1. Receive a report, hold a discussion and give staff direction regarding the implementation of the Juvenile Diversion Task Force recommendations. 2. Receive a report, hold a discussion and give staff direction regarding a Chamber of Commerce request for a joint economic development competitive analysis. Regular Meeting of the City of Denton City Council on Tuesday, June 21, 1994 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: .r 7,00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular Session of May 17, 1994 and the Special Call Session of May 24, 1994. Ap WaNo -0oL4 A,Qe4148ItEliZ,~ AGENDA CITY OF DENTON CITY COUNCIL IQ7PS JUNE 21, 1994 Executive Session of the City of Denton City Council on Tuesday, June 21, 1994 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:15 p.m. I 1. Executive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider action in ohagen. et al V. City of Denton B. Real Estate Under TEX. GOVfT CODE Sec. 551.072 C. Porsonnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Work Session of the City of Denton City Council on Tuesday, at 6:00 1 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, € Denton, Texas at which the following items will be considered: 140TE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Session. 6:00 p.m. 1. Receive a report, hold a discussion and give staff direction regarding the implementation of the Juvenile Diversion Task Force recommendations. } 2. Receive a report, hold a discussion and give staff direction regarding a Chamber of Commerce request for a joint economic development competitive analysis. Regular Meeting of the City of Denton City Council on Tuesday, June 211 1994 at 7:00 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 May 17, 1994 and the Special Call Session of May 24, 1994. t' ~gaedaNo• 9G1-~_~.._ Agendaltem_. Date 6- I- / City of Denton City Council Agenda p~.S Juno 21, 1994 Page 2 1, Public Requests A. Consider a request for an exception from the noise ordinance for the Aubrey Booster Club until 11:00 p.m. on Friday, July 15, 1994 at the Fairgrounds. 4. Citizen Reports A. Receive a citizen report from Willie Hudspeth regarding a drainage issue and the City Council Rules of Procedure. B. Receive a citizen report from Carl Williams regarding the reactivating of~,the Community Ethnic Relations Board. 5. Public Hearings A. Hold a public hearing and consider adoption of an ordinance amending a portion of Planned Development No. 72 by adopting a detailed plan, creating 55 residential lots known as Cooper Landing. The 14.461 acre site is located on the north and east sides of Bell Avenue, t between Locust Street and Windsor Drive. (The Planning and zoning commission recommended approval 6-0 at its meeting of May 25, 1994.) 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 info information nd.has had an Copportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinnca section of the agenda. Detailed back- up information is attached to the ordinances (1.genda items 7.A, 7.B). 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. i . 1 L 1 1 ~ AgendaNo Agendaltem/,(~~~~ qU Date-L[- -+A ` 3o.?S City of Denton city council Agenda June 21, 1994 Page 3 A. Bids and Purchaso Orders: Distribution 1. Bid 11613 - 2. Bid 11618 - Hickory Creek TSanitary eSewer B. Plats and Replats A of 1. Preliminary plat of Lots The 14.461 cacre itetis Cooper Landing Addition. located directly north and east of Bell Avenue, between Locust Street and Planning and Zoning Commission Windsor recommended approval 6-0.) 2. Preliminary plat for Lots 1 and 2, block 1, Denton county municipal Project on a 17.9335 acre tract located on the east side of Ruddel street u h of the extension of East Hickory. (6-0.) Zoning commission recommended approval C. Tax Refunds 1. First American Title Company/Thomas D. Hodgson $567.68 inc. - $5,076.98 2. LaSalle Systems Leasing, 7, ordinances A. Consider adoption of an ordinance acceptisengfcmaomperialsetitive bids and awarding a contract for Q equipment, supplies or services. (6.A.1. - Bid #1613) for the award of contracts competitive B. Consider viding of an ordinance bids and pro public works or improvements. (6.A.2. - Bid 01618) C. Consider sanitary landfill dusenas authorized by solid rates for chapter 24 of the Code of Ordinances of the City of Denton by amending the charges for u of the landfill; diverteda and m addthing a separate charge for yard waste landfill. D. Consider adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the agreement between the City of Denton and Baker-Shiflett/Emcon relating professional engineering services for expansion of the landfill, i i n • v f Ag$0daNo A$endaltem-~.. Date City of Denton City Council Agenda ~/p S June 21, 1994 Page 4 i 8. Resolutions A. Consider adoption of a resolution confirming the appointments by the City Manager of Charldean Newell, Dennis Stephens, and Jana Bates to the Denton Civil Service Commission. 9. Consider approval of a resolution readopting a policy for tax are.+:ement for Lhe City. 10. Consider adoption of an ordinance amending the boundaries of Enterprise Zone II. 11. Consider approval of a resolution nominating Georgia-Pacific i. Corporation as an Enterprise Zone Project. 12. Consider nominations/appointments to the City's Boards and Commissions. } 13, Vision Update 14, Miscellaneous matters from the City Manager. 15. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 16, New Business This item provides a section for Council Members to suggest k items for future agendas. 17. Executive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1 i a b i yrnu( ~g8~08ii0 Iva ( city of Denton City Council Agenda 5e FS June 21, 1994 Page 5 IT IS NOECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH N E% LEGALLY PERMISSIBLE. f C E R T I F I C A T E was posted on the I certify that the above notice of meeting 1994t at City of Dentn, Texas, ) bulletin board at the City Hall i the day of CITY SECRETARY NOTE: ATHE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN CCORDANCE WITH THE AMERICANS WITDISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE REARING 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. ACCOOlE6 I I rj 1Ij` 1 , ytif a CITY COUN CI I s II ~ r • ~ ` s ~i c e ~ • G 1 M~ F ~ r No fe 9 DATE. June 21, 1994 C fl Y COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: JUVENILE DIVERSION TASK FORCE RECOMMENDATIONS i z RECOMMENDATION: The Juvenile Diversion Task Force iJDTF) made three recommendations to the City Council on June 14, 1994. Their first recommendation was for the creation of a teen court. Their second recommendation was for the City to contract with Youth & Family Counseling to make their First Offender Program ' available to residents of the City of Denton. Their final recommendation was for the City Council to create a Juvenile Crime Interagency Coalition )JCIC). r SUMMARY: Tho attached Juvenile Diversion Task Force report contains all the background information related to their charge and the research data they collected. The report attempts to address a complex problem and acknowledges that the solutions will also be complex. It identified cooperation among governmental agencies and the community as a major factor that could lead to the success of its J recommendations. The Task Force members felt that success in dealing with juvenile issues will require family members to accept their share of responsibility as well as churches, businesses, DISD, Denton County and the City of Denton. With this in mind we hava developed several alternatives for implementing the Task Force recommendations. The alternatives for creating a teen court are: 11 Not accepting this particular recommendation of the Juvenile Diversion Task Force in any form or variation. This would mean continuing to process all of the Class C juvenile misdemeanor cases through the Municipal Court. This would also mean continuing •o operate with very limited enforcement capabilities with rega-d to juvenile misdemeanor offenses. We would be running the risk that the woad of our limited enforcement capabilities could become common knowledge and the juveniles could be taught to disrespect the law and authority. r a i apendaNo. 9~ I Apendalterr~l'/ Council Report Format Date Y/ Juvenile Diversion Task Force Recommendations 2 June 21, 1994 Page 2 2) Implement a teen court program which would be operated solely by volunteers. Several teen courts in Texas are operated solely with the aid of volunteers. These programs are often funded by private donations with a budget of only a few thousand dollars. Unfortunately, these programs have only been effective when the volume of cases is minimal. Two such programs in Denton are operated by the Carrollton Justice of the Peace and The Colony Justice of the Peace (annually they process approximately 42 and 17 cases respectively). 3) Implement the Juvenile Diversion Task Force recommendation as presented to the City Council. This would Involve co-sponsoring the teen court program along with the school district, the county and a civic organization. All of the co-sponsors would be required to provide resources to support the teen court program (i.e., financial contributions or in-kind contributions). Staff RecOmmen ation: Staff recommends the third option which is to implement the E Task Force recommendation as presented to the City Council. i If the City Council decided to accept the staff's recommendation, the steps necessary to Implement the recommendation are as follows: . i • Obtain commitment from other potential co-sponsors to support the teen court program. This could be done by having a core group of the Juvenile Diversion Task Force members meet with representatives from the school district, J county, city and a civic group to discuss their interest in the teen court recommendation and identify potential resources from their agencies. • Appointment of a Board of Directors by the agencies that agreed to co-sponsor the teen court program. Each co-sponsor would appoint a certain numbur of the board members. • The Board of Directors would then select a part-time paid coordinator. The coordinator would be responsible for recruiting, training, and supervising adult I and teen volunteers. • The Board of Directors would then apply to become an independent, not-for- profit organization under Tax Code 501(c)(3). As an Independent organization, i the teen court program would be able to apply for funding from the United Way, CDBG, public grants, and private donations. The Task Force believes that these funding options wilt allow the public sector co-sponsors to reduce their contributions to teen court in the future. a c' AgendilNo ltem~f Agenda Data 4 Counuil Report Format Q Juvenile Diversion Task Force Recommendations June 21, 1994 Page 3 The Alternatives for contracting with Youth & Family Counseling are: 1. Not accepting this particular recommendation of the Juvenile Diversion Task Force in any form or variation. This would mean that the Municipal Judge would continue to have very limited options for dealing with juveniles from dysfunctional families that commit Class C misdemeanor offenses. 7. Implement the Juvenile Diversion Task Force recommendation as presented to the City Council. This will require the City to spend 927,091 to provide services to 120 first offenders. In addition to the above mentioned cost, a counseling facility plus utility services would also have to be made available to the agency. 3. Contract with Youth & Family Counseling to provide service to a limited number of first time offenders from Denton at their facility in Flower Mound. A limited budget amount could be set aside (e.g., $5,000). The Municipal Judge could utilize the additional funds to refer juvenile offenders from the worse dysfunctional families to Youth & Family Counseling. This option could allow us to begin utilizing their services on a limited basis while we continue to evaluate their effectiveness. staff Recommendation: Staff recommends contracting with Youth & Family Counseling on a limited basis for referral of juveniles from the most dysfunctional families. Since Youth & Family Counseling is a human services agency, we believe it would be more appropriate for the Human Services Committee to review their request for funding. Because the Committee has completed its allocation recommendation for the upcoming fiscal year, we believe r outh & Family Counseling should submit their request for full funding next year. This will avoid setting a dangerous precedent that could open the door for human services agencies In the future to petition directly to the City Council for funding. If the City Council decided to accept the staff's recommendation, the steps necessary to Implement the recommendation are as follows: 0 Develop an estimate of the more serious cases which would need to be referred to Youth & Family Counseling. • Contact Youth & Family Counseling and submit a counter proposal. i 1 A' V 1 wgendaNo Q Agendalleri-U) SAI_ A -2 1 -0/1 Date Council Report Format 4 33 Juvenile Diversion Task Force Recommendations June 21, 1994 Page 4 • Once a budgeted amount was agreed upon by all parties, we would have to increase the Municipal Judge's bulget appropriation. • Prepare and sign a contract with Youth & Family Counseling to provide services. The alternatives for creating a Juvenile Crime Interagency Coalition IJCIC) are: S 1) Not accepting this particular recommendation of the Juvenile Diversion Task c Force in any form or variation. If such a decision is made, the City Council may choose to select other methods for monitoring juvenile issues in the City of Denton. i 2) Implement the Juvenile Diversion Task Force recommendation as presented to the City Council. This option would promote understanding and facilitate the coordination and cooperation among agencies involved with juvenile issues. Throughout the country, a common concern relating to juveniles issues is the lack of communication among agencies. This option would address this concern. i 3) Modify the Juvenile Diversion Task Force recommendation by changing the structure and composition of the. coalition. Members of +ne city staff or an existing organization could be given the responsibility of monitoring juveniles Issues and reporting annually to the City Council. Staff Recommendation: Staff recommends imnlementing the Juvenile Diversion Task Force recommendation as submitted. We bei'vve it is important that juvenile issues be moni'_ored on a regular basis. By using a coalition, the Task Force's basic goal of getting the community involved could bo accomplished. By having individuals involved that represent a cross section of OVr community, we will at V-1st receive positive results from improved communication. All interested parties will oe aware of the status of our current situation and trends. If the City Council decided to accept the staff's recommendation, the steps necessary to implement the recommendation are as follows: • The City Council would need to develop the mission for the coalition. i I d ,t , r. } ,t ~gendaivo Ageodalte Council Report Format (ate Juvenile Diversion Task Force Recommendations solo June 21, 1994 Page 5 • The City Council would neod to appoint Task Force recommonded the coalition have a similar compos ttion to the Juvenile Diversion Task Force. • Each City Council member could be responsible for appointing one or more mrimbers to the coalition. The members will serve staggered terms. In the event the Coalition is made up of fourteen (14) individuals, each City Council member will appoint two members. PE D MS DEPARTMENTS OR CiROEJPS A FECTED M : The Police Department , unicipal Judge, City Attorney's office and Municipal Court will be affected by the above mentioned recommendations. i !9C PCT: Depending upon the recommendations that the City Council accept, the fiscal impact could vary. The first year budget for the teen court program is ' $24,300; however, this amount should be shared b all With regard to the City's share of this amount, $7,851 hashalready be nidentified in the City's current budget which carld be used to offset the teen court expenses. These funds will come from the savings that will be generated by diverting juvenile offenders to the teen court program. There is no cost associated with the creation of the JCIC, and an additional appropriation would have to be made if the City Council accepts staff's recommendation regarding Youth & Family Counseling. ti Respectfully submitted: Lloyd V. Harrell ?0104 City Manager y:: f ArFWA6D Y L yy' 'RAF-f!y` , f i ~ i ' e v,endaNo AgziVaILIIpf, cr~ CITY o/OENTON, TEXAS MUNICIPAL BUILDING / 215 E. McK)NNEY / DENTON, TEXAS 7620f MEMORANDUM TO: MAYOR AND MEMBERS OF'PHE CITY COUNCIL FROM: DALTON GREGORY, CHAIRPERSON OF THE JUVENILE DIVERSION TASK FORCE REGARDING: RECOMMENDATIONS OF THE TASK FORCE DATE: JUNE 10, 1994 Attached you will find a sw-nmary of the work done by the Juvenile Diversion Task Force. During our meetings we acknowledged that the problems of juvenile delinquency are broad and re%mplex. So too will be the efforts to reverse the trends toward more juvenile crime in Denton, and more violent Juvenile crime nationally. The three recommendations presented to you by the task force represent only a starting point. They will require a commitment of financial resources. More importantly, they call for a commitment of the various agencies and the entire community to work in a more coordinated and cooperative effort to help our children. During the deliberations of the task force there were several ideas that reoccurred. These Ideas provided a central focal point around wh!ch we worked. They created a basis for consensus that helped shape our recommendations. • Juveniles are Important people. • Everyone needs to accept responsibility rather than putting it off on someone else. • If we do nothing the situation will get worse. ? I offer a personal word of thanks to the members of the task force for the time and energy given to completing the assignment. Harlan Jefferson and Tom Josey were particularly helpful in preparing information for meetings and following up on members' requests. The City Council is to be commended for taking the Initiative in establishing the task force and responding to its recommenditions. t 8171566.8200 D/FW METRO 434.2528 r. ulgn+laNo . - Q2O.. CITY ofDENTON, TEXAS MUNICIPAL BUILDING / 215 E. McK1NNEY / DENTON, TEXAS 76201 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DALTON GREGORY, CHAIRPERSON OF THE JUVENILE DIVERSION TASK FORCE REGARDING: RECOMMENDATIONS OF THE TASK FORCE DATE: JUNE 10, 1994 Attached you will find a summary of the work done by the „tivenile Diversion Task Force. During our meetings we acknowledged that the problems of juvenile delinquency are broad and complex. So too will be the efforts to reverse the trends toward more juvenile crime in Denton, and more violent juvenile crime nationally. The three recommendations presented to you by the task force represent only a starting point. They will require a commitment of financial resources. More importantly, they call for a commitment of the various agencies and the entire community to work in a more coordinated and cooperative effort to help our children. During the deliberations rof the task force there were several Ideas that reoccurred. These ideas provided a central focal point around which we worked. They created a basis for consensus that helped shape our recommendations. • Juveniles are important people. i • Everyone needs to accept responsibility rather than putting it off on someone else. • If we do nothing the situation will get worse. I offer a personal word of thanks to the members of the task force for the time and energy given to completing the assignment. Harlan Jefferson and Tom Josey were I particularly helpful In preparing Information for meetings and following up on members' requests. The City Council is to be commended for taking the initiative in establishing the task force and responding to its recommendations. 8171566.6200 D/FW METRO 434.2529 a r T f , en0 aN0 a0en0alter~rlr~~1 _Z# l CITY 0ale COUNCIL REPORT FORMAT -r TO: Mayor and Members of the City Council DATE: 06-14-94 FROM: Juvenile Diversion Task Force SUBJECT: REPORT FROM JUVENILE DIVERSION TASK FORCE ON THE NECESSITY OF ESTABLISHING A DIVERSION PROGRAM INTRODUCTION: During February 1993, our Police Department stopped filing Class C misdemeanor cases involving juveniles with the County Court-at-Law. Thls was done because the judge over the County Court at Law, refused to continue processing such cases. Even though the Municipal Court had jurisdiction over the cases, for a year and one-half we exercised an option in the law which allowed us to refer the cases to the County. As a result of this development in February 1993, the City Council spent several work sessions discussing the dilemma. The advantages and disadvantages of processing cases involving juvenile offenders committing Class C misdemeanors with the exception of traffic offenses were identified as follows: Advantages of Accepting Jurisdiction: 1. By accepting this responsibility we will fill a void in the juvenile justice system and Increase enforcement in this area. 2. Juveniles committing their first or second offense may be discouraged from } continuing criminal activities. 3. Our community as a whole will benefit from any mechanisms used to deter juveniles from continuing criminal activities. This could positively affect the security of our community, the safety of our citizens, and the overall image of the City of Denton. i j ! Disadvantages of Accepting Jurisdiction: 1. The City of Denton has no enforcement capabilities in the event the juvenile does not comply with the court order. If the juvenile defendant fails to pay any fines assessed, a warrant cannot be issued for the arrest of the juvenile offender which could result In him or her going unpunished, j 1 1 1 i r i ApendaNo. Item Oate Age* Dale-Z~ (-1y Report to Council/Juvenile Diversion Task Force 8 Page 2 2. Lack of enforcement capabilities could result in wasted effort and prevent us from accomplishing the benefits mentioned above. After a great deal of discussion, the City Council decided to accept the additional jurisdiction over juvenile offenders. Once that responsibility was accepted, staff recommended implementing the change in procedures in phases. The recommendations in sequential order are as follows: • Immediately implement the basic program to exercise our jurisdiction over Class C juvenile offenders. This required that the City Council approve an additional appropriation for the 1992-93 fiscal year budget. The total appropriation for the current year included $8,250 for a part-time Municipal Judge R weekly hours), $5,851 for a part- time Municipal Court (10 weekly hours) and $2,000 for police overtime. • Staff continues to monitor the volume of cases produced by the "Zero Tolerance Policy" of the Denton Independent School District. In the event the juvenile case load increased substantially, additional resources will be needed. • Implement a one dimensional diversion program which has limited costs associated with it. The Municipal Court would be responsible for diverting juveniles to one or more community based agencies. However, a delay in implementing this recommendation occurred because we had to locate appropriate agencies willing to work with juvenile offenders. • Staff continues to evaluate the teen court alternative. The success of this program is dependent upon community involvement; therefore, it is necessary that community support be developed for this program. To accomplish this we recommended the City Council develops a Task Force comprised of individuals that represent a cross-section of the Denton community (i.e., representatives from the Chamber of Commerce, Denton County Bar Association, civic clubs, PTA/PTO, Boy Scouts, Girl Scouts, government, etc.l. In the event the Task Force recommends implementing a teen court program at a future date, the program should be considered during the budget process because of the financial impact associated with it. i 2 i i i : t k SgendaNo. Agendalt Oa1e 6 `L _ Report to Council/Juvenile Diversion Task Force C) O-PY.S Page 3 JUVENILE DIVERSION TASK FORCE PROCESS: The Juvenile Diversion Task Force, comprised of twenty-three (23) members appointed by the City Council, met eight (8) times. A three-fold process was used for selecting the task force members. Organizations that were specifically identified by the Juvenile Diversion Task Force Resolution #93-033 recommended names of individuals to represent them, the City Manager recommended the names of individuals from the city staff to participate in the task force, and finally, the City Council recommended names of individual to represent local civic groups, community based organizations, and at-large representatives. The Task Force charge from the City Council was as follows: "the Juvenile Diversion Task force shall review and evaluate the r necessity of establishing a Diversion Program for the City of Denton E and to submit a report to the City Council which shall include a recommendation of whethor the City shall pursue the establishment of this type of program." 1 In the event the Task Force was to recommend the establishment of a Diversion program, it was to provide recommendations to the City Council regarding the following matters: 1. the goals of the diversion program, 2. the format of the diversion program, s 3. a public relations strategy, 4. the anticipated financial impact; and, 5. an implementation schedule. i During the meetings of the Task Force, we defined the problems. This involved reviewing historical information and analyzing national and local trends. This step also involved reviewing previous attempts to address the problems and the shortfalls and i successes. Secondly, the Task Force turned its attention to reviewing alternatives to addressing the problem. Part of the process included researching funding sources. The final step was the development of the recommendations. For the Task Force to accomplish its charge, it utilized a decision circle process. This involved the Task Force asking itself the following questions: "What do we believe?, What do we know?, What do we want, and What will we do?" The answers to these questions are discussed later in the report. i 3 5 ' +ganda No...~~ -6Z0 ~ge~dal e ~ ~1ate Report to Council/Juvenile Diversion Task Force Page 4 /Qd7~ IDENTIFY THE PROBLEM: During the initial meeting of the Task Force, we began identifying the problem by reviewing the legal background. Jerry Drake, Assistant City Attorney, reviewed terminology such as misdemeanor, felony arrest/indictment/information, complaints, conviction and probation. He also discussed pertinent laws regarding juveniles and walked the Task Force step by step through what happens when a juvenile is caught and found guilty of committing a misdemeanor or a felony. From his discussion it became clear to the Task Force chat Municipal Courts have very limited enforcement authority over juveniles that commit Class C misdemeanors. Without the ability to enforce fines through arrest, Municipal Courts are helpless against enforcing an totally any judgments. When a fine is levied, it is up to the discretion of the juvenile whether or not to pay. The basic concern is that once the ineffectiveness of the Municipal Court becomes common knowledge, our juveniles could learn to dist3spect the law as oppose to developing a positive attitude toward authority. This second phase of Identifying the problem was highlighted in a presentation presented by Tom Josey, Municipal Court Administrator. He discussed i the uniform crime reports prepared by the Federal Bureau Investigation (FBI) (see Attachment A). The specific reports he discussed were compiled information collected from local police departments on serious crimes. The crimes were indexed In categories such as crimes against persons and crimes against property by seventeen (17) years of age or less. Items in the category of crimes against persons include murder and non.-negligent manslaughter, forcible rape, robbery, and aggravated assault. Crimes against property involved such things as burglary, larceny-theft, motor vehicle theft, arson. He noted that even though the total arrests of juveniles had stabilized over the past decade, violent crimes against persons by juveniles had steadily increased to a high of five point eight (5.8%l percent of every one hundred 1100) arrests made in 1992. The Index low over a ten (10) year period was four point one 14.1 percent, which occurred in 1985, 1988 and 1987. The uniform crime report show on the national level, that from 1982 to 1992, non- index crime and Index crime against property decreased. However, index crime against persons Increased. This indicates that juveniles have become Increasingly violent during this time period. The percentage difference may not appear to be great, but they translate Into an additional 28,934 juveniles being arrested for murder, rape, 1 robbery or aggravated assault in 1992 over 1989. Attachment B graphically illustrates this point. On the local level, the police department has statistics on 4 j d f r r S +pendaNo gA Z_ 4gendalte~~~ Dale Report to Council/Juvenile Diversion Task Force Page 5 juveniles from January 1, 1985 through 1993. The total detainments handled by the police during this period is 5,590. The average per year over the nine (9) year statistical reporting period its two hundred forty-six (246) cases. Since the number of cases handled within the department for 1993 is three hundred sixty-one (361) and three hundred forty-two (342) thus far in 1994, the trend is obviously showing a substantial increase in cases In recent years. After listening to the presenters and comments from the various task force members, it became clear that violent crime among juveniles nationwide was increasing substantially. On the local level, the number of arrests of our juveniles was increasing as well. Although we are not experiencing the same level of violence that many i municipalities are experiencing, the number of juveniles in our community committing crimes Is increasing. In light of this environment, the fact that the Municipal Court is powerless to enforce its judgments exposes the City to the potential of experiencing unrestrained growth in juvenile problems. IDENTIFYING OUR ALTERNATIVES: After reviewing background information necessary to properly understand the problem, the task force turned its attention to setting directions for accomplishing its goal. To develop a common understanding of everyone's perspective and individual objectives, the task force decided to utilize a decision circle process. As a group the I Task Force answered the following questions (see Attached C). The decision circle process was stopped short of the final step which involves answering "what will we do?" Before answering the question, the Task Force decided to review all of the options available. We developed a list of all known diversion task force or organizations that utilize diversion programs which we would like to consider. The list, which Included reports, and/or presentations, is as follows: • Presentation on the Youth & Family Counseling First Offender Program. • Presentation on Teen Court Programs. • Presentation on Juvenile Drug and Alcohol Abuse Programs. • Development of a resource list utilized by the Denton Ministerial Alliance. • Development of a resource list utilized by United Way. • Development of a list of programs provided by the Denton Parks & Recreation Program. • Development of a resource fist utilized by the City of Denton Municipal Court and the Denton County Probation Department. 5 i * i4%j i ~ f enoaNo Agendaltem-~ wte -2L2l Report to Council/Juvenile Diversion Task Force OaI33 Page 6 • Development of a resource list of programs utilized by the Denton Independent School District. The Task Force developed several resource lists of potential programs that could be utilized as diversion programs. Also, these programs could he utilized in the context of a teen court or at the discretion of the Municipal Judge. For the purposes of this report, we will focus on the primary diversion programs that the Task Force considered and discussed their benefits. Youth and Family Counseling On April 20, 1994 Dana Slater, Director of Lewisville Youth and Family Counseling, made a presentation to the Task Force. An overview of her presentation and additional information collected by the Task Force is listed below. i Youth and Family Counseling was founded in 1981 by the Police Chiefs of Lewisville, Flower Mound, and Highland Village to create a First Offender Program that would serve as a means to divert youthful ofrenders from the juvenile justice system. In addition to being an alternative diversionary program, they wanted to incorporate family participation because of the evidence being gathered that many youngsters' first violations, coincided with times of family stress such as divorce, terminal illness, job loss, or the arrival of a step parent. Their concept was, that by using a First Offender Program, resources from the police departments, community, schools, and family could combine to address the initial cause of illegal letting out) behaviors before crime patterns became habituated. It was determined that a combination education and family counseling program would be the most effective means to address these goals. The program serves at the pleasure of the police departments and courts and they which recommend the appropriate funding to their respective city council's each year at budget time. For the current year, they receive $32,000 from Lewisville, $24,000 from Flower Mound, $4,667 from Highland Village, $34,000 from the Great Dallas United Way and 410,000 from Denton County. A recidivism study conducted by the City of Lewisville in 1989 indicated that of all the youngsters completing the program since its origination, only seventeen 117%) percent had been arrested a second time. A more scent, but smaller study by the town of Flower Mound in 1992, revealed that only seven 17%) percent referred by their police department re-offended in that year. Additional information on the first offender program is provided in Attachment D. 6 i E i , j s grldaNo 4geadaltem ~ Date Report to Council/Juvenile Diversion Task Force 13 S 3 Page 7 Teen Court Program Deborah Hollifield, Justice of the Peace, Precinct 2, made a presentation to the Task Force regarding teen court programs on May 4, 1994. She is located In The Colony and their teen court program was originally established when County Judge Jeff Moseley served as the Justice of the Peace there. Teen court is an early intervention program for young people who have committed their first offense or a serious violation of school policy. They are based on the premise that (1) young people are less likely to become re-involved in illegal activity after being exposed to the positive pear pressure generated from this judicial process and (2) that it promotes feelings of self esteem in an environment where constructive attitudes toward authority can flourish and can interrupt the development of criminal and self destruction behavior. In addition to The Colony, teen court programs are currently being utilized by several cities in this area: Arlington, Forest Hill, Fort Worth, Grand Prairie, Irving, North Richland Hills, Plano, and South Lakes. Some of the goals of the teen court program involve getting juveniles to take responsibility for their actions, providing restitution, and actively involving the community in solving the juvenile crime problem. The functions of the teen court participants, except for the judge, are usually carried out by the teen volunteers and teen defendants. Their role is only to determine the appropriate sentencing (i.e., public service activities, restitution made to victims for property loss or damages, personal apology to victim, and special education programsl. They do not determine guilt or innocence. The structure normally requires a juvenile to first appear in Municipal Court to enter a plea of guilty and then the individual is referred to teen court if appropriate. If the juvenile does not satisfy the requirements of this sentence, he will have to return to Municipal Court for another hearing. Although The Colony's teen court program Is not a separate 501 (c)(3) program under the Tax Code many teen court programs are. Such a structure generally would require the teen court to establish its own board and solicit funding independent of public agencies. Many teen court programs around the state are sponsored by the Junior League. They serve as a stable resource for the teen court. Recently an article appeared in the Wall Street Journal which discussed the success of teen court programs. They spent a great deal of time reviewing programs here in Texas. } 7 j s 1 I r~ 6 P Agenda No agendallem Report to Council/Juvenile Diversion Task Force Date Page 8 / 0~g3 Alcohol Education Program for Minors (age 12 thru 20): Also on May 4, 1994, the Task Force heard a presentation from Larry D. Prentice (Director, MIP Alcohol Education). Mr. Prentice informed the Task Force of the most recent change in the law (Texas Alcohol Beverage Code, Section 108.115) requiring attendance on the Texas Commission on Alcohol and Drug Abuse (TCADA) or court approved course in Alcohol Education. He stated the changes involved: penalties for purchase, consumption or possession by a minor are misdemeanors punishable by fines and the requirement that the defendant attend an alcohol education course. Mr. Prentice then gave a brief summary of the alcohol education course that his program offers. He stated that he would be willing to make his class available in Denton County upon receiving an invitation to locate here. Currently, he operates in the Houston area. POTENTIAL RESOURCES FOR DIVERSION PROGRAMS: The resolution creating the Juvenile Diversion Task Force required it to anticipate the financial Impact of its recommendations. Therefore, several research hours were spent locating possible funding sources. We Identified three major resource categories + (i.e., government agencies, not-tor-profit organizations, and private grants/donations). Although we did not request funding from any organizations, we did verify that diversion programs are eligible to receive their contributions. The specific agencies we considered by category Included: i Government Agencies • City of Denton - Budget Increase for Juvenile Caseload - Community Development Block Grant • Denton Independent School District • Denton County 0 Federal Government (grams} - Youth Fair Chance (Department of Labor) - Weed and Seed (Department of Justicel Prevention (Department of Justice) Delinquency Prevention (Office of Juvenile Justice and Delinquency Prevention) 8 5 Ji.1 j{ Y 1~ 4 d AgendaNo Agendali Report to City Council/Juvenile Diversion Task Force ate * Page 9 ,5iaS nca suns • United of Way of Denton - Venture/Expansion Grants - Affiliated Organizations • Civic Organizations . Benefit League - Exchange Club - Rotary Club - Kiwanis Club Private Grant/Donation • Boeing Aerospace and Electronics ' • Other Interested Parties 4 i f Most of the potential resources would not be available in the nerr future. At the earliest, CDBG and Venture grant funding will not be available until fiscal year 1994- l 96. In addition, agencies must be in existence for three (3) years before they are f+ eligible to become an affiliated member of the United Way or receiving funding from the Benefit League. The availabilities of the federal grants vary. For resources in the } near future, we could only depend on contributions from local ova 9 +nment agencies. Since a diversion program could reduce the work load on the Municipal Court, perhaps tho funding given to the Municipal Court and Police Department last year coul be used to start a diversion program (i.e., $7,851). d TASK FORCE RECOMM NDATION : i Following the above mentioned evaluation of all existing diversion programs and potential alternatives, the Juvenile Diversion Task Force overwhelmingly supported three recommendations at the conclusion of the decision circle. In answer to the question "what will we do" is as follows: Recommond the creation of a teen court. Attachment F contains the teen court structure/procedures, comparison of other teen courts and a proposed teen court budget. We recommend that the teen court be established as an independent, not for profit organization operating under Tex Code 601(c)(3). 9 E J i +gendaNo _q4-0~Q Agendalte Dale --p- -Q" Report to City Council/Juvenile Diversion Task Force Page 10 This will allow the organization to be more successful in soliciting funding from various sources. Without being established as a 601(03) agency, they could not apply to be an affiliate of the United Way. It would also make it difficult to apply for CDBG funding. We are also recommending that the City of Denton, DISD and Denton County and one civic agency serve as sponsors for the teen court program. We believe that three major sponsors being the City of Denton, DISD and Denton County should share the cost for the initial year of the program. We also recommend that all funding for all subsequent years be reduced by the three major sponsors. The teen court should be responsible for replacing those funds from other sources. • The second recommendation of the Task Force is that the City contract with Youth & Family Counseling to make their First Offender Program available in the City of Denton. Attachment G contains their proposal #3, which we're recommending. The proposal is for providing service to one hundred and twenty (120) first offenders over a twelve (12) month period. This would include an Initial orientation session and six (6) counseling sessions with the offender and his or her family. Prior to recommending the Proposal #3, the Task Force reviewed a number J of other proposals from Youth & Family Counseling. Previous proposals ~J would involve offenders traveling to the Lewisville or Flower Mound office of the organization which we felt would be too difficult fcr offenders. Another involved Youth & Family Counseling locating local offices in this community at their cost. This option was too expensive (i.e., $60,289.). Along with Proposal #3, we are recommending that the City, school district, or some other organization in our community provide the counseling facility for Youth & Family Counseling. This would include utility services. Members of the Task Force thought that there could be evening fa^ilities available from one of the public agencies that are normally used durirg the day tame only. • The final recommendation is for the City Council to create a Juvenile Crime Interagency Coalition (JCIC). The mission of Via coalition would be to promote understanding, facilitate coordination and cooperation among agencies involved with juveniles issues. We believe a vital role of the agency should be the development of an annual report to City Council on 10 i j a 3 E 3t 7 4genda luo Z -{=fl . Agendaltem s NO - 4 Report to City Council/Juvenile Diversion Task Force 33 Page 11 juvenile crime issues. Therefore, the agency would inform the City Council on the need for additional coordination, resources and the status of juvenile crime and related Issues. We recommend that the committee members of the coalition be appointed by the Council for three year staggered terms. The composition of the coalition shall be similar to the Juvenile Diversion Task Force. CONCLUSION: The acceptance of the above mentioned recommendations would be beneficial to all segments of our community. The juvenile offenders would benefit by not having a criminal record created. They will also be exposed to well structured programs designed to prevent criminal behavior from becoming habitual. Secondly, dysfunctional families will receive some assistance from counseling efforts. In some cases, parents will learn how to be better parents. Thirdly, the business community will benefit from a reduction in property damage and theft. The third major beneficiary would be the general citizenry. They will experience less property damage and assault. Such efforts will allow the city to retain its image as a good place to work and live. Considering the rapid growth In violent crimes committed by juveniles and gangs, it is vital that the diversion programs be established no later than the next fiscal year. We need to increase our efforts to address the juvenile crime issue before the situation becomes unmanageable. The City of Fort Worth never saw their juvenile and gang problem developing until it was too late. They now have the most publicized gang problem In the state and possibly the nation. Implementation of our recommendations will address different areas of th3 problem. FKA, the teen court recommendation will assist in preventing first time • fienders from repeating illegal acts. The program, was designed for defendants r;hr only need gentle nudging to get back on the right !rack. Secondly, Youth & Family Counsf ling is designed for juveniles with a more serious problem. It is for juveniles that commit crimes because of a problem that is related to their family. It could be a result of something the family is doing or the lack of support they are receiving. Thirdly, our recommendation calls for the coalition to assist in making the entire community responsible for addressing juvenile issues. The coalition will monitor the big picture and recommend a change in methods from time to time. The Committee was enthusiastic about the responsibility given to it by the City Council, and we will look forward to discussing our recommendations with you. It is our belief that the more dialogue that Is generated on this Issue, the better the solution will be. 11 t a 7enda No Agendai em Da -CIL) ATTACHMENT A p C~4g3 NATIONAL JUVENILE ARREST STATISTICS $ +.t', :W32 ,fair ~'5.,"•5t~', i'p. Juvenile Percent # of Index # of Index # of 1978 2,279,000 y 1,399,306 783,976 95,718 1979 2,143,000 1,305,087 750,050 87,863 1980 2,026,000 1,235,860 703,022 87,118 1981 2,038,000 1,266,392 684,096 85,512 1982 1,805,000 1,138,955 590,235 76,810 1983 1,726,000 1,071,848 579,936 74,218 19841,5.';8,000 967,402 506,002 64,596 1985 1, 763,000 1,107,164 581,790 72,283 19861,748,000 1,106,484 569,848 71,668 19871,781,000 1,122,030 585,949 73,021 1988 1,635,000 1,038,590 529,740 68,670 19891,745,000 1,108,330 554,910 83.760 1990 1,755,000 1,098,630 563,355 91,260 1991 1,890,000 1,181,250 602,910 105,840 1992 1,943,000 1,222,147 608,159 112,694 Uniform Crime Report (UCR) ri r 7 ii \ i A endalf*M G AT TIENT B 1-4,- JUVENILE VIOLENT CRIME ~f (AGAINST PERSONS) ' Year 1978 \ \~~\11 ~\P \\1~\UP1\` \1 `i ` i ~A v11Cye, vvvvayv~\~,a\v~~\vvv~b~wvvvN~\\w\~\,v vv\~~\~~ 1979\,\\r\,\\ \ \ ` \ 1980 ' ~v l\~1! \ w, wywv 1981 1982 1983 1984 \ \ 1986 1987 1988 a\,;, ;'A1 ; ; ` 1llll \ ( \ 1989 1990 \ \ 199! \ \ \ 1992 \ \ , 0% 1% 2% 3% 4% 6% 6% 7% Percent f j t % Index Person L C.. ' 433 '1 4 tc U AgatnlaNo AflelMalta 2ao ATTACHMENT C WHAT DO WE BELIEVE? • Juveniles are important people. • it is OUR responsibility for students at risk. • Students should take more responsibility for themselves. • Early intervention is extremely important. • If we do nothing the situation will get worse. I • Everybody needs a goal. • Adults should work together not point fingers. • All people have the ability to change (but not all want to change). • It Is the parents' responsibility to take care of their children • but not all parents know how. • Everyone should be treated with equality. r • We ought to do things like in the old days a sense of community. • Juveniles need to know they are responsible for their actions. • Kids feel like it does not matter what they do. • We need to kuk a sense of community involvement in raising our children. • The media Is destructive to our sense of community. s' • Everyone needs to accept responsibility rather than putting it off on someone else. • Environment (physical) sets a tone. f • uuv..nile problems are ccmplo„ - co are solution!. r. pf I r q.. ~ 1 f 'S I ~gendaNo. Agodalte Date Zf of~3 ATTACHMENT C (con't) What Do We Believe cont. • An extension of affection and guidance from adults is important for our youth. Adults need to take the initiative. • There are good programs now evailable. • Children suffer when they don't have their mother and father raising them "together" (emphasis added). • it's more likely that healthy kids will come from healthy homes (parents). • Helping children in isolation (i.e., from their system/environment) is not enough. } • There are exceptions. • All of the above are subject to change. r IFFOOSEC E 4 1 i ■Sf )NYC a ` tl~Ar W Y ~tp v .I g apendaNo. q~l"6z0 AgendalNS9;_1 Date note S ATTACHMENT C (con't) WHAT DO WE KNOW? i • There is an emerging gang problem in Denton. • Juvenile crime is becoming more violent. • Delinquent activities/children are being held up in higher esteem by their peers. • Modern culture/media glamorizes unethical behavior and adolescent va!uos rather than ethical behavior and mature adult values. F • The traditional family structure (extended family and nuclear family) is eroding. Parents and other adults spend less time with their children and kids in general. I • There is a lack of positive role models. I • Denton has a serious drug problem. • Teenage parents have problems. o Denial is a problem among parents, officials, agencies, and the general population. • Parents and adults are afraid to control/discipline their children/kids. • There is much confusion on how to react to delinquent behavior. i • People behave in a way that meets their needs (safety, security, sense of belonging, attention, etc.). # • Children are influenced more by peers and media and less by parents, adults, F' home, church and school. • inner-city children live without hope. They feel a sense of hopelessness. • Diversion will be expensive In both monetary and human resources but Ignoring it/problems will be more costly. .ti. r r F Y AQW3NO Ape~dalt~r ~ ~ ~ ATTACHMENT Cllil! 436 WHAT DO WE WANT? • Agencies that work with youth should be coordinated and cooperate encourage and enable . empower. • Parents to assume a more active and responsible role in their child's life. • We want a reduction in criminal activity by juveniles. • We want to find a way to fill in the gap when parents aren't responsbile. • Give (teach) kids self respect, self-esteem, self control. • We want to hold juveniles accountable for their own behavior. { • Safe places for our kids - after school and during schools. • Enable children to have a sense of belonging. • Eliminate the need for youth to join gangs. 1 • Kids to have hope so they can have goals. • Parents and youth to view school as important/relevant. • Total community involvement. • The State to update Famnily Code to meet the needs of today. • We want youth to understand (be knowledgeable about), be taught "American Values" such as respect for private property - do not steel. • We want parents and kids to share positive experiences. • We want enough money to do what needs to be done - to fund the needed programs. • We want a directory of youth and family service resources. I, i 1 l M~. j t r Age0aNo Ageedaltem k ATTACHMENT C4 ' 49_6 WHAT DO WE WANT? • Agencies that work with youth should be coordinated and cooperate encourage and enable - empower. • Parents to assume a more active and responsible role in their child's life. • We want a reduction in criminal activity by juveniles. • We want to find a way to fill in the gap when parents aren't responsbile. • Give (teach) kids self respect, self-esteem, self control. k • We want to hold juveniles accountable for their own behavior. • Safe places for our kids - after school and during schools. • Enable children to have a sense of belonging. • Eliminate the need for youth to join gangs. • Kids to have hope so they can have goals. i • Parents and youth to view school as important/retevant. • Total community involvement. • The State to update Famnity Code to meet the needs of today. • We want youth to understand (be knowledgeable about), be taugh, "American Values" such as respect for private property - do not steal. • We want parents and kin's to share positive experiences. • We want enough money to do what needs to be done - to fund the needed programs. • We w: t a directory of youth and family service resources. I I j ' e r i r AQpflda Na ApetlOalt~.s~- ATTACHMENT CDf% 1" A--Z WHAT DO WE WANT? y • Agencies that work with youth should be coordinated and cooperate encourage and enable - empower. ,i E • Parents to assume a more active bnd responsible role in their child's life. • We want a reduction in criminal activity by juveniles. i • We want to find a way to fill in the gap when parents aren't responsbile. s • Give (teach) kids self respect, self-esteem, self control. i • We want to hold juveniles accountable for their own behavior. Safe places for our kids - after school and during schools. • Enable children to have a sense of belonging. 0 Eliminate the need for youth to join gangs. e Kids to have hope so `hey can have goals. • Parents and youth to view school as important/relevant. • Total community Involvement. • The State to update Famnily Code to meet the needs of today. e We want youth to understand (be knowledgeable about), be taught "American Values" such as respect for private property • ds not steal. • We want parents and kids to share positive experiences. 0 We want enough money to do what needs to be done - to fund the needed programs. • We want a directory of youth and family service resources. k i .t } t r' \ . 3 s g8enday or -O r,0 bQenQalt4e 1- ~ Dgte THEORETICAL C_W APPROACH A.14ti BASIS FIRST OFFENDER PRCCRANI Approximately 14 years ago, menial and ps~ihO'Ogiiaf J%,(unctiun was ~je,ed on the mvdi_al bm roea t or o f ' wt11nr i e Char ac r ing uut or anwt r i t,uhcc i nal hd s ere d„ue to ,om r flaw malfunction an indisidual Pioneering research on childhood schizophrenia by Dr Jay Haley noted that when hospitalized, profoundly disturbed children responded fairly quickI and predictably when treated with a sery j struciurrd real ,ry based consequences and rewards system. huweser, when these children returned to their original environment,, they immediately reverted to Their schizophrenic behastors occurrence caused the focus of theestudy ltoichangetrols the family interactions and communication patterns and produced very postive results, During this time period, scientists were formulating the systems theory which had its origins in the work of the German biologist. Ludwig von Berialanffy He was the first to document what he termed General Systems Theory which emphasizes the importance of interactions and feedback between the individual parts of a system His research has had I'ar reaching impacts on the fields c4 biology, computer science. and psychology. His theories have been enlarged and implemented with extraordinary results by the well known psychologists Salvadore Menuchin, Carl Whiiaker, lay Haley, Murray Bowen and others. Family systems psy:hology is grounded ii the fact that humans are inextricably social and out notions regarding self definition, normal gender and responses, and the concepts or rrightiand wrongior originate and are reinforced in or family of origin. The central premise of the philosophical approach of the First Offender Program is that the earliest incidences of acting out behavior always serve some function within the family system. Possible functions are distracting from or her faint) one or both parents. providing sIressbreIiefeforsiheg family (much like the whistle on a tea kettle). meeting a dysfunctional need for power, and or acting out loyally conflicts within the fam it l young person is that although these behaviors kstartlto rI I e t, y r f & Y ~ III I ~ E,N? i t ~erada~t / Cite, ~ meet a primary need, secondary reinforcers to the negative behaviors begin to emerge and desensitization occurs. For example, a youngster's earliest incidences of stealing may be a control issue centered in that child's perceptions of how power is negotiated in his family or origin; however, after a child steals several I times. secondary feedback loops emerge. In addition to me vIing his original need to feel a sense of power and the ability to defy parental authority and not get caught, he also realities some benefits from stealing. lie may become an anti-hero in his peer group and receive gratification from acquiring belongings wilruul working for them. His comfort level with criminal behavior will be further reinforced by the desensitization that takes place with each act; all criminals report that first instances of criminal # involvement are accompanied by anxiety reactions - heart racing, flushing, fight or flight response - as they become more experienced, crime becomes much more comfortable. The concept behind the First Cffender I Program is that there is a window of opportunity i between the time a young person first begins criminal activity and the point that the behavior becomes reinforced and habituated. During this period, psychological intervention can eliminate the primary causes and function to establish appropiate ways to I meet the youngster's emotional and psychological needs and define and implement consistent and logical consequences. The only means to accomplish this is an approach that incorporates the effo-is of the entire family system, Just as Jay Haley found with childhood schizophrenics; for the behavior to change, the systems interactions must change. Many of the families that come into the First Offender Program are "helpless and hopeless" - they do not know how to parent any differently or believ- that they have the capability to affect change. The first step of the program is to engender hope and to empower parents to take charge of their families. The importance of the first contact is stressed to all staff members. Youth and I'amily Counseling is dedicated to offering professional counseling services comparable to those received by families who can afford expensive private practice treatment. The message to our families is that they are respected, valued, and I believed to have the ability to get better within their family system. experience has demonstrated that in this therapeutic environment, families are able to k define constructive goals, examine the origin of the 11} problem, create skills and strategies for change, and t 1 II G t'. r , Ager(lalt We that dramatic changes in adolescent acting out behaviors occur. Fullow-up studies validate the success; of the program and it is believed that a "bonus" effect is that initial criminal activity is prevented in younger siblings that pa•ticipate with the juvenile offender. It is for these reasons that the communiIics of Lewisville, Flower Mound. and Ifighl anti Village are in the vanguard of progressivc treatment of juvenitc offenders. F 1 i ~ r C_ E j x. a i f + . tv t i t ,b' -r f a i, lgwlaNo 94-0Q ~gendalter~, bte_b-2 -9 FRIDAY, JUNK 3, 1991 Teenage Defendants Get Juries of Their Peers ByAKOaaaGruu+ LROAL NRAT In 1%2. And while the number of adults arrested has dropped slightly, the number Sew ReparrrraJTMS w~arwx:etrouru,u. - of minors arrested continues to climb. After bresthd a classmate's nose, a commit crimes again, In Indianapolis. classes, apolugies, essays an counseling. Most teen ced co t noes toe only on I asYegasteenagerslcln& ialoncharges however, only 15% of graduates of a teen The incentive is significant: The teen's sentencing after the yuuthu have pleaded Her attorney that's ailassault. right: is Ise orals onlnlyl6t court are rearrested within a year. In offense isexpunged upon completion of the guilty: a few, however, determhie guilt or that's : The The pr prober Y Globe, Ariz., only 12% of teen court of sentence. in the case of traffic violations, innocence -an idea [hat some experts find The hand do? All ll be ben, The sentence they fenders over the past five years ended up that can keep insurance rates from lruubling. "I think it's going too far," says hand willTrialb be b Peen,indingt real courtroom pack in the judicial system. skyrocketing. Presiding Judge Paul Cavanaugh of the yp where the judge is the only adult. trouble Teen courts aren't expected to most pro- The programs recruit teen attorneys Malden teens as a (Mass,) soundin District board in Court, some j who uses uvenile all heard that kids will get into to trouble jamtts. cases arenlimitedytonteens and aand reass.Defendants arereferredbyjuvenile cases. "We have lawyers to represent because a negative peer pressure; " says gr [e, rl hts to be protected. ' Frank Carmen, director of like Arizona preteens who are easily rehaDitdsted: courts, and sentences usually include ~flthertrilicssa leen.ouriverdic[sare oth teen Supreme juvenile Courit's justice ctrimet and traffic Infracttions. Putpsup- Tstin heft ensuaren t 't In pa dtfor theiruservices, unduly hash, the result of overzealous id which helps up teen a treatment by the young juries. One teen "The division, which c5l idea to use set use Pets Pressure ins porters say that teen marts can roll these The Garland, Texas, Senn court handles a recommended to Superior Court pCfitlye way." Supporters of teen total offenders oft the path toward more serious the cases of only a friction -pe~ Asps 11i~k- jury a ]acme R. Cant in I.o Angrks that say that while teens rebel against adults, crimes. "if you stop somebody from stop of pe.entially eligible young u 'renders be. Judge Jaime R. of a minor s Angtton that they can't as easily dismiss the opinions of lifting &110, then you stop them from going cause The court can only bear give cases the ~wun of fm or Infraction wort. per. -service their peers to prison at 19;" says Tammy Hawkins, during each sesslon. But an estimated 70`i Tam form Lawrence, o a justice of the pea in Teen mar Is ate already operating In at coordinator of the teen court in Odessa, to 75% of youths whose cases quail r them thimble, Texas, retails a teen Jury this for San Francisciis teen court end up wanted to send a alts c teen jury offender to e least & dozen sates, and results suggKt ' Texas. n that uie graduates are less likely than Teen court is a voluntary option for there. urenlle Eelenlwn center for t month. In odwrJuvtnikoffenderstoretdmtocrSme• tfaosewhosgreetowaive their l~h~fer a s catesy argue, alethe en Kmurts help lake dthe suchceses,thejudgeunstepinandrevise portseque y' lean nouns are sjilonng. standard mart to pays. the sentence. X. Texas, wdnkA has 35 or llnem. Is planning an alternaUre to paying a fine or other pressure oft overburdened Juvtnlle courts. Some wonder if teens ought to be s cart as Ste Arizona and Califorola• punishment Iran =unity court. Stn- According to the Federal Bureau of Investi• So as effacer sand con at all. They ran Nattorally, juvenile-crime experts esti fences include oommunSly service, jury gallon's Uniform Crime Report, teenagers serving Y }u a mate that 1096 to 5096 of teen offenders duty, restitution. defensive driving accounted for nearly a fourth of all arrests Please'rurw to Pape $6. Column r m L 1 , r ATTACHMENT E (con't) ,genda No 4gendalletn We Ar C 33 Teens Get Teenage Juries and Lawy~e~rsTL Continued From Pape 81 Thompson, 16, tries eliciting information said it was a step backward in court attr undergo limited training from judges or about the defendant's grades, man appar- tudes toward sexual assault. practicing attorneys. Arid they are still ent effort to raise doubts about her charac. "For 15 years or more, the trend in this kids, prone to distraction and chatter. and It r, That prompts an objection from de- country, on both coasts, has been not to in need of supervision. tense attorney Jennifer Puryear, 17, who require resistance by the vctim," said At a Fort Worth, Texas. tern court, for argues that grades aren't relevant. Judge (aura K, director of the National Clearing instance, the jury is about to pronwnce s Ron D. Parragrdre agrees. house on Marital and Date Rape in Berke- verdict in a petty theft case when She judga Turning to the jury, prosecutor Thomp• ley, Calif. The California Supreme Court notices a teen juror dozing In his chair. In On says the defendant "even admitted she for instance, ruled last week that an the tone of a stern schoolteacher, the Judge punched the victim," a blow that cost S158 attack could beprosecuted u a rape even u says, ''I'm sorry, I'll wait untl everyone In emergency-room bills. the victim didn t object or resist, as long as can sit up and pay attention to the court." But Ms. Puryear counters that the there was a reasonable fear of injury. Another night, at an Irving, Texas, teen victim threw the first punch and that the in the Penzylvanta case• a jury had court, a teen defense attorney hastily defendant therefore acted in self-defense. convicted Robert Berkowitz, an Past assigned to an assault case has to interrupt Judge Pamguire says, "I've had attor• Stroudsburg University student, of rape his opening argument to ask Ills client's neys from around the city in my court who and indecent assault of a fellow student In name, provoking loud laughter, didn't make their cases as well as these 1967 In his dormitory room. The woman Snu, some teens impress their elders. kids did." testified that she sought to leave the room 1 Watching his son's sentencing for driving Alter studying affidavits and hearing and repeatedly said m as the defendant 80 miles per hour in a 55 tone, Dallas more than an hour of confncnng testi- pushed her onto his bed and began having attorney Michael Boneslo says, "I've mony, the jury or tour girls and two boys sexual intercourse with her. heard adult attorneys who don't sound as disappears into an adjacent room, return. The state Supreme Court said the good." When the jury sentences his son to ing half an hour later. The defendant is woman's refusal wasn't enough to estab- lg hour of community service and Marc found gdty on a school disturbance lish a rape case. The court affirmed jury duties, Mr. Booesb apprvrea. But charge, for which she must serve three an Interstsediate appeals wart's decision ' Iam Bonesio, the defendant, describes jury dunes at teen court But she is that threw tout the rape conviction; the V* process as "kind of relyd." He says acgulned on the mom serious battery high calm relnsuled the Indecent-assault the Judgmental tone of the prosecutor's charge. Awtwudly, she and the victim conviction. tlaing argument made ham mad. exchange spologles and leave the court victim In thetestlhm. the hhiigphy fI to m the nn Fort y Worth tttncouri prosecutor with their parents. lish that (the deferdantl fordbty com Danny Tobey enjoys w7pmAw g the psy A Riving on Rape pealed her to en ge in rexual Intercom'. me as requited r the state's law on rape. tiewe has of teenage Juries,1-yeUc that repentant defendants taught the stand iailvil the he best sexual Axual woman w advances who lies nonetheless verbally can't bring refused The court sold that under the law, rape repen chances of receiving iving favorable 1 avorable sentences. npe charges unless force was threatened can't be charged''wbere there is a tack The worst thing is to get up there and be or used against her, the Pennsylvanls consent, but no showing of either pbyssmug," he says. Supreme Court nded. force, a threat of pbysksJ force, or psycho. J In the case of the [as Vega girt TDe n+iing was aitkixed by Prosser Ices end victims' rights advocates, who of for Ur % law iii DKicbsid charged with assault prosecutor Alyarw locical ODs ' uarte Morris Hecbcber, said victims' rights groups were orerreSCIIIN to the dec1.5706 He said the court was 'lebut~toning the dividing Une between the mWelneanor of indecent assault and the Iamb more serf ous f ebny of rape.,' He said be Arts ask the court to rewnalder W upholding of the indecent assault cocivIcOod. James Grftor, the Monroe County, Pa., prosecutor hanldRng the sae, said, "It Is a horrible dedsbn. It win have a chWLP; effect on the reporting of rape cases, which Already are uodempottnd•" (Fktt441voidii it, Berkau'a SM. prone court of Penruyhmria, kin- 1.9911 I , . .gsnda No 9 0-OZD t ~gendah ~ ale ATTACHMENT F Z TEEN COURT STRUCTUREIPROCEDURES independent organization - teen court should be an independent, not-for-profit organization operating under Tax Code 501(c)(3). This will allow the organization to solicit funding from various governmental and private sector agencies. Sponsor - the teen court should be sponsored by the City of Denton, DISD, Denton County, and one civic agency (i.e., Benefit League, Bar Association). These sponsors should be relied upon for financial resources and direction. Board of Directors - the Board of Directors of the organization will be responsible for its development and growth. They shall also have the responsibility of hiring the coordinator of the teen court program and developing all policies and procedures. The Board of Directors will be made up of eight (8) members. We recommend that each sponsor of the organization appoint two (2) board members. Part-time Paid Coordinator- the part-time paid coordinator will be under the direction of the Board of Directors. Responsibilities include recruiting, training, and supervising adult and teen volunteers; developing and coordinating the agencies where teens may do their community service; overseeing court room activities, records, and staff training; enrolling defendants and tracking them so each case is successfully completed or referred back to Municipal Court; maintain records; annual budget recommendation; establishing ties with the Police Department, Denton Independent School District, Denton Juvenile Court, and juvenile diversion programs in the area; public relations. Eligibility - persons under age 18 up to age 21 if they are enrolled full time in an accredited secondary school may request Teen Court for most Class C misdemeanors and traffic offenses. Only one charge my be deferred to Teen Court within a two year j period (C.C.P.). Sessions - held at least six times a month'. 2 Tuesdays, 2 Thursdays, 17-9 p.m.) ac :ommodates 16 referrals per month), 2 Saturday mornings (8-12 noon accommodates 16 referrals per month). Referral - Municipal Judge, and/or at request of defendant for first time offenders: second offenders can be referred only by approval of Judge. Age of Defendants - 10 to 21 t i Venda No agenda!) +~ate ATTACHMENT F icon't) Age of Court Officers - 7th through 12th grades Community Volunteers - local attorneys to act as judge, 7th-12th graders for prosecution, defense, court clerk, jury. Punishment - community service, jury duty, curfew, apology letter, surrender of driver's license (informal), house arrest, jail tour, attendance at twelve step meetings, restitution to victim. Case Preparation - cases divided up when attorneys arrive {attorneys are trained for prosecution and defense) Jury foreman - picked by teens in deliberation room. Bailiff - teen serves as bailiff. Jury - Volunteers and defendants under sentence serving along with students from explorer club, honor students, etc. 1 t Ca. c pY , y r 14 SS`QyFn ~n , r +gendaNo Agendal) Oale ' ATTACHMENT F (con't) Age of Court Officers - 7th through 12th grades Community Volunteers - local attorneys to act as judge, 7th-12th graders for prosecution, defense, court clerk, jury. Punishment - community service, jury duty, curfew, apology letter, surrender of driver's license (informal), house arrest, jail tour, attendance at twelve step meetings, restitution to victim. Case Preparation - cases divided up when attorneys arrive (attorneys are trained for prosecution and defense) Jury foreman - picked by teens in deliberation room. Bailiff - teen serves as bailiff. Jury - Volunteers and defendants under sentence serving along with students from explorer club, honor students, etc. i a 1 to is } i ~f F igendaMo ~'~'t9ZC~ digendaite 0818 Z - ATTACHMENT F (con't), TEEN COURTS Cases :Cities Annually Coordinator/Paid Judge Carrollton JP 42 Chief Clerk/No Judge Merchant The Colony JP 17 Chief Clerk/No Judge Hollitield Keller Begins Oct.'94 Coordinator Attorney Vols (20 hours week), Plano 180 Charitable Municipal Judge Organization Tyler 572 Coordinator/Paid Bar Association Irving 360 Coordinator/Paid Bar Association Arlington 371 Coordinator/Paid Attorney 1+30 hours Assistant) Grand Prairie 420 Coordinator/Paid Full Municipal Judge (20 Hours on T.C.) Odessa 780 Coordinator/Paid Junior League Denton (Proposed) 384 Coordinator/Paid Bar Assocation 120 hours per week) 4 is f rn r4.~ i r r r gandaNo Q S ' gendalt 'late n3~-cif 33 ATTACHMENT F (con't) DENTON TEEN COURT BUDGET PROPOSAL October 1, 1994 thru September 30, 1997 INCOME: first Second Third Year Year Year Administrative Fee $ 3,840 $3,840 $ 3,840 @ $10 each (32 per month) Lost Revenue due to the waiving of fine amounts (7.2001 17.200) (7.2001 Total ($3,360) 1$3,360) ($3,360} EXPENSE: Part-time Coordinator's Salary 13,520 8,923 4,461 @ 413.00 hr Travel 250 165 82 i Training 500 330 165 Phone ($15 month + $20 month long distance) 420 277 138 Word Processor 800 0 ! Office Supplies 800 528 264 Printing 3,000 11980 990 r' d i Postage 900 594 297 Professional Dues 60 33 16 Books & Magazines 200 132 66 Awards/Appreciation 500 330 185 ' Total $20,9400 $13,292 $6,646 i t, NET: 424,300 18 62 $10.006 1 AFFOOMB Y I f 44, jf V?n« f- • V 5 Yy ATTACHMENT G 4waNO gG-ow I YOUTH d PAAIILY COUNSRI.INO 111E 5 PROJECTED COSTS atc - jh-=t< PIRST OPPENDRR PROGRAM SERYlCl1S 33 of33 P-R-O-P-O-S-A-L T-N-R•R-P. This proposal provides for approaiimately 120 First Offender Program referrals In a period of one year. Service would consist of one educational orientation seminar followed by siv rsmily counseling sessions and all documentation and reports required, ramilios may voluntarily request additional counseling sessions at a cost of $20.00 per session. Under this proposal, all counseling services would be provided at local offices, agreeable to all parties involved, to be furnished by the City of Donlon. 1. Salary for family therapist $13,104.00 2. Social Security and 'ruC $ 11102.00 3. Licensed Psychologist S 4,800.00 2 hours per week Supervision and Consultation 4. Clerical Worker S 4,056.00 12 hours per week i { 5. poslage S 150.00 6. Supplies and Printing S 150,00 7. Additional Metro Phone Line S $24.00 Flower Mound Offices Mileage S 21081.00 Flower Mound office to Denton S.29 per mile f i k 9. 't'elephone Services S 824.00 i Denton Offices i f T03rAL $27,091.00 f rl. 1 ' Y ATTACHMENT G Qer+daNO q WOW YOUTH & PANII.Y t:OUNSRf.1NO 'Gen1#alf PROJECTED COSTS t'tt PIR.4T OPPENDPR PROGRAM SERVICES 33c-(33 P-R-O-P-O-S-A-L T•H-R-P.-P. This proposal provides for approximately 120 First Offender Program referrals in a period of one year. Service would consist of one educational orientation seminar followed by six rsmily counseling sessions and all documentation and reports required. Tamllios may voluntarily request additional counseling sessions at a cost of $20.00 per session. Under this proposal, all counseling services would be provided at local offices, agreeable to all parties involved, to be furnished by the City of Denton. 1. Salary for family therapist 513,104.00 2. Social Security and 111C S 1.102.00 3. Licensed Psychologist S 4.900.00 2 hours per week Supervision and Consultation 4. Clerical Worker $ 4,036.00 12 hours per week 5. Postage S 150.00 6. Supplies and Printing $ 150.00 7. Additional Metro Phone Line S 824.00 Flower Mound Offices { A. Mileage S 2,081.00 Flower Mound office to Denton { S.29 per mile 9. 'T'elephone Services S 824 00 Denton Offices { 6 TOTAL $27,091.00 f WIN L r r rs~ 'C0UN~ ~ r t • rCC:" _,i F f 7 1 o i I(WOaNo,_./ o HAYES, COFFEY ~1«.. BERRY 00 -W A PROFLSSIONAL CORPORATION ATTORNEvs AT LAw • Richard D. Mayes Galnesvinr. 106 W. Main Se. Dan C. Coffey 101 South Locust Suite 601 Gainesville, Texas 76240 Byron R. Berry Demon, Texas 76101 Telephone (817) 6M8fi1'I Mark A. Burrm:ghs Gregory 1, 51ssio Facsimile (817) $65-0359 • Awd frnplyd rrms Ruurd A Scott Alagood Telephone (It 7) 387-35 11 of Dgid SprOdtarlaa TUrany L. Harding Metro (214) 434.3899 commnrrd a ReAdmew Tom Diridwon Rrd F•Wrr I" June 16, 1994 r r VIA HAND DELIVERY j S Lloyd Harrell, City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Re: Request to place item on workshop agenda for June 21 Dear Lloyd: I would tike to request that the council place on its workshop agenda for June 21 an item conceming completing an outside competitve analysis study. Additionally, I would like to have the opportunity to appear before the council to seek participation from council in both the development and funding of the study. ~J Thanking you for your consideration, 1 am i Very truly yours, i HAYES, COFFEY & BERRY, P.C. D A4Vea Richard D. Hayes Chairman of the Board Denton Chamber of Commerce ` RDWtb cc: Chuck Carpenter, President Chamber of Commerce 414 Parkway f Denton, Texas 76201 a N' w + 4 v z t A~2No. R A~,;~1a~Ieni..~s 2-- a~!e. b ~ y CITY COUNCIL REPORT FORMAT TO: Mayor and Member of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER REQUEST FROM CHAMBER OF COMMERCE FUR JOINT VNDING OF AN ECONOMIC DEVELOPMENT COMPETITIVi' STUDY. SUMMARY: The first Of five goals that the Denton Chamber of Commerce has established for 1995-96 is to "complete outside/objective study to identify opportunities /resources as well as barriers /impediments for successful Economic Development". The purpose of such a study is to better define the unique opportunities Denton has for particular types of economic development and to outline any impediments to Economic Development in Denton. The anticipated cost of this study is $35,000 to $40,000. It is desired that the Chamber's Economic development fund provide 50% of the funding and the City of Denton provide the remaining 50V. The plan would be to enter into a contract with a consultant in July and have the study completed in September. The Public Utility Board will be meeting on Monday, June 20, 1994. The staff will propose to the PUB for discussion the possibility of utilizing some funds currently budgeted for water and sewer rate studies as the city's share of the matching funds for this study. R CiF`ULLY JBMITT V ioyd V. Harrel , City Manager PREPARED BY: y i. R. E. Nelson, Executive Director ` Utilities i I Attachments I. Chamber of Commerce Goals 11. Draft Scope of Services it t' r igerimu agendalteat,~lL~ i2 Oate - 9 3 6 ATTACHMENT A SCOPE OF STUDY 1 1 y I. Growth Analysis B Develop forecast for the Community's future economic growth through the year . The forecast shall include, among other relative economic indicators, a review of the Community's available resources, labor costs, current land use, land availability, and future land use capabilities. Both residential and industrial/commercial development processes shall be described in the STUDY. II. Overview of Economic Development Market Research the Community's current economic market and develop an overview of that market. The reviem of the economic market shall Include the markr.t's composition, i.e. describe the type of businesses located in the community, their size, and their economic contribution to the community. Identify key economic trends within the Community. Where possible, Consultant shall ascertain the underlying causes of those trends and their longevity. CONSULTANT shall also forecast future economic trends and their application to the Community's economic growth. Determine the unique aspects and strengths of the Community which are assets to economic development, including available skills market. Develop a strategy to attract those businesses which can benefit most from those unique strengths. a i , 4indaNo Agendaite S' 2 Date y ' uoFd III. Assess the Community's Approach to Economic Development Assess the City's infrastructures, including public utilities, policies, and incentives for economic development. Include an assessment of the various procedures necessary to develop a business in this Community. Zoning regulations, time frames for completion of zoning approval, building permits and regulations, subdivsion rules and regulations, and similar processes should be assessed for efficiency and accessability. The attitudes of the Community toward development should also be assessed. Determine whether the private and public sectors are aiding development or hindering it by their response to inquiries by prospective . For instance, when one of the lending institutions in the businesses Community is approached by an entrepreneur seeking to establish a business in this Community, horn does that institution respond? What are the attitudes in the Community toward these requests? How difficult is the process to obtain a loan and all the other necessary permits in order to develop a business in this Community? Research the Community's marketing and retention programs and their affect on economic development. Determine whether these programs are effective in sustaining economic growth. IV. Develop a Comparative Analysis of Other Cities Conduct a survey of other similar cities in the region to determine their i policies toward economic development and how those policies resemble or differ from the Community's policies. Determine whether other cities' policies are more competitive, e.g. more attractive to economic development. Differentiate between the Community and other similar cities with respect to uniqueness and specific opportunities the City may utilize to encourage economic development. V. Prepare a Recommendation to the City Consultant shall provide a recommendation to the City based on the % STUDY of what policies, incentives, and marketing procedures the CITY should utilize to encourage economic growth. i E r a • 4 x A(;gAdaN0- $ Z O STRATEGIC PLAN Date DENTON CItAWIER OF COMMERCE I ECONOMIC DEVELOPMEW 50 W"L 1, 11994 • MARCH 31, 1995 Goals Action Steps Key People Deadline Conplete Outsidea''ObjeG Study to • Identify specific cbjedivesldeadlines.. • Research and Initiative 7101194 iderdify opportdritiesiresources as well as • Identify study source. Committee (Gossett) 7101194 bar d for suroessAA • Seek participation from City Council and Staff •Executwe ) Con ynflee 7101194 e (1~ 1994. • Receive final report • Charrber Board of Dir. W1194 fmplerrant a A%kie education campaign • identify key points ('Strategic Bragging") • Camnxnicatioru 7/01194 the general irrapontance of a • Evakrate and select effective media resodrow. Corrm (rim Crouch) 7101194 /Vosperous business oormru * • Comtxnicate key points. (811194) 3131195 by Wngust,1994, • Charmer leaders to attend not less than four semnars and • Charrber Board of Dir. 3131196 workshops on business trends per year. Encourage City Officials to adopt a business perspective • Research and Initiative 3131195 when oonsideri dem4rrnentlgrowth policies. Ca myttee (Gossett) • Increase vWbitity and interaction b>etvveen business • Local Relations 7/01194 leaders and e>aW9 City Codnal, Conrrnissions and Committee (Jackson) Y staff. (512564) • Become Involved in the election process. • Charger Board of Dr. 6i1)a% Increase Demon's visibility within the • Confrm local attradNeWually beneficial assets in • Conmrnicatiom 7101194 I DalaslFort Vtbrth arm oomrnm within D" area. Como ttee (Crouch) • Determine and evakrate effective media resources. Conmnk.atio ns 7101194 u (Crouch) • Encourage local pubic officials and business leaders to • Chanter Board of Dir. 3131196 actively seek appdntrnen is to appropriate policy- making entities in D/FW area. • Arrange for specific DfW-based allies to personally • Economic Oevdiopment 10101194 participate in locally-lxWed fanitwization Advisory Bd. (Patterson) J tourslemnts, d positive publicity in the DFW media mantel. Cowention 8 VisiW 3131195 F1doa' Bureau Advisory Board • Include Denton on maps and publications produced by (Ffighfil 3 89Mantine) 3131196 0m groups. • Canmxnications Comm I i Agettd3lt 2 oafs -2 6 6 GOMs Action Steps Key People DmWnre Increase ratio of IndustrialfComnercial tax • Expedite sale "or ooarpancy of T1 building. • Ken Burdick 3131195 base to Residential tax base by additional • Determine what particular suppliers/vendors d existing • Ken Burdick 7101194 One Percent: (Total S36 Man) by cor panies world We to Have in Denton. expansion of existing busirw.sses; Identify specific anted groups/potential grouNhm industries in • Finance and Mlarketing 6101194 attraction and creation new ones. D1FW area. Comrnittee • Develop and Pursue OVFW Blitz. (911194) • Chanter Board of Dir. 1010104 • Conduct existing Industry Survey with personal visits • Economic Development 810154 (7/1194) Advisory Bd. (Patterson) • Market assets and resin oes associated with imnnediate • Finanoe and Marketing 3131195 Denton Mlu copal Airport area. Com *ee (Beard) • Pursue arrangernents for the developrnent of sites and • Ken Burdick 3131195 cmdr ction of speculative industrial bu'kfirgs. • Determne steps necessary to take advantage of the • Eoonor* Developmment 3131195 North American Free Trade Agreement. Bd. Patterson • Pursue the North Texas Research Institute. - Chwrbw Board of Dr. 10/01194 • Establish publidprivate Econorric • Economic Developrr>ent 2101195 ation. • Wbrtc the Donlon AdMay Bd. (Patterson) County Eoonorm Development Eccsxr c Development 3/31195 Comrission to fonn a partnership for business Advisory Bd. (Paltem m) ' relocation. (6101194) ' ANeve area Air 4uality CorWGnce in • ImVement city-wide campaign to make the general • Econor is Development &01194 1994. public aware of the adverse eoa-ommic irrW and health Advisory Bd. (Patterson) E h ~~of (6/l/94)continued norKwpliance wM Air (hrallly Enoo rage general public and major employers to • Senior Manage----- 9x01194 participate in reoonrnended adWies during'Dzone Canal (T. Plimpton) Alert' warnings (6/1194) z7=MTYM - COUN( J 40 Nee t~ CC s S Vida N* y-oa ApMW fete -9~ CITY OF DENTON CITY COUNCIL MINUTES C~ May 17, 1994 The Council convened into the Executive Session on Tuesday, May 17, 1994 at 5:15 p.m. In the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smitt:. ABSENT: Nor.e 1. The Council convened into following: Executive session to discuss the Legal Matters Under TEX. GOVfT CODE Sec. 551.071 1. Considered demand for settlement in the claim of Sor, et al. 2. Considered settlement in 4f Denton Ervin and Gibson v._ s. City . B. Real Estate Under TEX. GOVIT 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 The Council convened into the Work Session on Tuesday, May 17, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None . 1. The Council received a report, held a discussion and gave staff direction regarding the hiring and employment time municipal judge. of the part- Tom Klinck, Director for Human Resources, stated a survey had been completed regarding the salary ranges for part-time municipal judges. Based on that inforr3tion, staff was suggesting a salary range of a Grade 10 and indicated the regular benefits that a part- time employee would receive. b Mayor Castleberry asked Klinck to list the recommendations. t Klinck replied that Grade 10 would be a minimum salary of $15.43 r per hour, the midpoint salary would be $19.29 per hour and the maximum salary would be $23.15 per hour. The benefits which a AgrdaNo. gU'4ZD, . Agenda~te S ~ Date City of Denton city council minutes ~p 7 May 17, 1994 Page 2 part-time employee received included half of the group health insurance rate, participation in TMRS, social security, life insurance, a health risk assessment, 5 hours per month for vacation, 4 hours per month for sick leave and 9 holidays paid at half-time. The salary range would allow the council to hire at the $17 per hour which would be a good attractive salary. Mayor Castleberry stated that the survey indicated that most of the part-time judges were contracted with no benefits. Klinck replied correct. If the Council chose to appoint this position, it would be like the other Council employees. Cott motioned, Smith seconded to follow the recommendation suggested by Mr. Klinck assigning the position a Grade 10 with similar benefits as other permanent part-time employees. Council Member Miller asked if this recommendation would be for the present situation or when the Court of Record was implemented. Klinck replied that it was budgeted for the Court of Record. Council Member Miller stated that there were still other items to consider for the Court of Record. Council Member Perry felt as there was more work to do on this issue, it might be better to wait until all the issues were completed and consider them together. Council Member Smith stated that Klinck had established the parameters for the salary and other benefits. If Council approved this recommendation, it would not affect the other issues to consider. Council Member Miller stated that other issues to be considered ` included educational courses, attendance at seminars, etc. i Klinck stated that his staff had investigated those issues which were related to the Human Resources area of salary and benefits. Judge white did do some survey work on budgetary items for other areas. City Manager Harrell stated that the Human Resources staff was directed to survey other competing cities to determine the salary information for Council in order to set a compensation rate. Staff was not investigating the other items Judge white discussed j concerning the part-time municipal judge. 5 ;s ageodaNo. q~~OZ~ _ Agendaltem~.~- r Date City of Denton City Council Minutes May 17, 1994 Page 3 Klinck stated that there was a certain amount of lead time necessary to recruit for the position. Time would be needed to do the advertising, receive and evaluate the applications. A job offer could be made to an individual contingent upon the implementation of the Court of Record. Council Member Miller stated that there were a number of other items which needed to be done before establishing the Court of Record. There was a need to know all the details of what was involved. Mayor Castleberry stated that his understanding was that all items would be completed but that this was the first step of those items. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council received a report and held a discussion regarding the implementation of a water utility community awards program. Lee Allison, Director of Water Utilities, stated that one of the major issues facing municipalities was unfunded mandates. Those mandates included public education, enforcement programs, and monitoring programs. Denton was not under any of those mandates at this time. Staff felt it would be a good idea to try and stimulate the community to help solve these problems in a positive manner through a civic awards program. Recognition would be given in the form of a certificate for advancing public education regarding water environmental issues. For example, a bank might offer low interest loans to homeowners who would replace older sanitary sewer lines and the City could use its camera equipment to determine what repairs needed to be made. Awards coulu be given to clubs regarding water conservation programs. Thera would be no cost to the City at this time for this program. Certificates would be issued all year round {or such programs. Between March and May programs could be selected some for higher awards. If Council was interested in the idea, staff would write a full program for Council consideration. Consensus of Council was to proceed with the development of the program. 3. The Council received a report, held a discussion and gave staff direction regarding an Infrastructure Financing Policy. Lee Allison, Director of Water Utilities, stated that there were no significant changes proposed to the policy. One difficulty had i i i i e C Agenda No. u- Agendaltem 2 oate~2/ ~ll.I City of Denton City Council Minutes ~~O y 7 May 17, 1994 Page 4 been discovered when the program was used in the past. The way the policy was written required the City to advertise for bids for the project. Since this was the developers project, the developer had the opportunity to award the contract to anyone he desired, not necessarily one of the bidders. The revised language would allow the City staff professional engineer to determine an estimate of what the City cap in participation would be as opposed to using actual bid items. Another clause had been added for a review of I the program every five years. Council Member Smith asked if the Legal Department had worked through the issue. Allison replied yes except for the sunset clause. Council Member Cott suggested that there be enough funds added to market this properly. The program needed presentation in order to promote it. Allison stated that the funding of the program was through the economic development program. Consensus of the Council was to proceed with the program. 4. The Council held a continuation of discussion regarding the Community Development Advisory Committee and Human Services Committee recommendations. 1 ~ City Manager Harrell stated that the Council would need to take formal action by resolution the first meeting in June regarding the Community Development Block Grant items and the HOME items. Human services funding from the general fund would be made during budget deliberations. If, following the discussion, Council was ready to give direction to form the resolution on the block grant money, j staff would prepare the document. If not, the item could carry o~,er to the next meeting or. the 24th of May. Barbara Rose, Community Development coordinator, stated that the back-up materials included a rank ordering of the Council's priorities and a list of every request which came to the community I Development Advisory Committee. { Council Member Smith stated that it had been indicated that the I Legion Building could be used by senior citizens for their crafts. t She questioned if the building would be used for other activities. Rich Dlugas, Director of Parks and Recreation, stated that the ii seniors had asked staff to look into the possibility of renovating i n e 1t A9endaNo.~~_ Apenda~t m~'~ Date City of Denton City Council Minutes S OT 7 May 17, 1994 Page 5 the Legion Building. Currently they were using one of multi- purpose rooms for their crafts. They had not bef~a aole to leave those crafts out for completion as the room was used for other activities as well. The seniors had requested an area in which crafts could be kept out for completion. The proposal would be to initially use the building primarily by the seniors. A building attendant would open the building and senior volunteers would be in charge of the operation of the building. Eventually summer camps at Fred Moore Park might be a use for the building as well. t Council Member Smith asked if there other events at the building now. Dlugas replied that the building was unoccupied at this time and was in a state of disrepair. He felt it would be good to reopen the building for citizen use. } Mayor Castleberry asked about the number of Seniors who would use the building. Dlugas replied approximately 30-40 on a regular basis. Mayor Castleberry asked if this would be a duplication of the efforts at the Senior Center. Dlugas replied that some of the events at the Senior Center would be the type of activities which would occur at the Legion Building. I Mayor Castleberry felt that this would be duplicate uses of the Senior Center and of the Martin Luther King, Jr. Center. Dlugas replied that the Seniors were indicating that this would be a location closer for the residents to use. Staff would use a building attendant to open the building and no additional staff would be used on a regular basis. The Seniors would monitor the building. Mayor Castleberry felt that this appeared to be a duplication of efforts and did not encourage all Seniors within the City to be a part of the Senior Center on Bell Avenue. There were costs involved with the proposal which may not be necessary to spend. There was already a facility for the Seniors. Council Member Chew did i:ot feel that this would be a duplication of efforts due to the fact that some Seniors in the area did not have transportation to the Senior Center. The building would be well used by the Seniors in the arsa. In regards to the cost of operation and maintenance, it was estimated that $5-7000 per year i i x , Agenda No. Agendalte Z _ City of Denton City Council Minutes fate May 17, 1994 b O Page 6 would be needed for utilities, etc. The City spent more than that in other areas such as the Greater Denton Arts Council and Theater. He felt that this woule be a good situation which would stabilize the community and would give a presence for the Police Department in the area. There were many positive aspects for the project. Council Member Perry stated that he had discussed the proposal with Seniors and felt it would be a wise .se of resources. The Seniors would have a permanent place for their crafts where they would not be disturbed. He felt that the Committee had thought through the staffing and operation of the facility. The COPS program would be able to be expanded in the area with this facility. Mayor Pro Tem Brock stated that she was in favor of renovating the 1 Legion and mak+.ng it a permanent part of the community. She was concerned about a police substation in the building if it meant a withdrawal from the Phoenix Apartments. A substation there would help with some of the problems of loitering and other events at the park. She was also concerned about designating the building as a senior center. There might be a problem later designating other activities. There were other groups who would like a place in the 4 community for a meeting place and the building might be available for more than just the Police Department and the Seniors. It could be a more informal meeting place for community groups. i Mayor Castleberry stated that the MLK Center was not being fully I utilized especially during mid-morning and mid-afternoon. There were times when the full-time employees did not have anything to do. MLK was a very expensive and extenoive center and felt that this would be a duplication of effort. He was concerned about what the operation and maintenance costs might be in the future. lie felt this proposal was not stressing the importance of rueeting together and did not want to promote separate facilities. Council Member Cott suggested that older individuals did not have the patience to be with yo"iger people for a good part of the day. This would be good for older citizens to know that they would have a quiet place to go. Mayor Pro Tem Brock stated if the funds were used for the renovation, it would be block grant funds which were designed to be used for low income projects. The MLK Center was also built partially from low income funding. On the surface this might appear to be resegregation but that was not renlly the point. The point was access for individuals who did not have readily available transportation. There was a difference between an individual choosing to go to a facility in his neighborhood and being told that he could nct go to a different facility. s i AgeodaNo.~_ Agaridal:enZ City of Denton City Council Minutes May 171 1994 Page 6 would be needed for utilities, etc. The City spent more than that in other areas such as the Greater Denton Arts Council and Theater. He felt that this would be a good situation which would stabilize the community and would give a presence for the Police Department in the area. There were many positive aspects for the project. Council Member Perry stated that he had discussed the proposal with Seniors and felt it would be a wise use of resources. The Seniors would have a permanent place for their crafts where they would not be disturbed. He felt that the Committee had thought through the staffing and operation of the facility. The COPS program would be able to be expanded in the area with this facility. Mayor Pro Tem Brock stated that she was in favor of renovating the Legion and making it a permanent part of the community. She was concerned about a police substation in the building if it meant a withdrawal from the Phoenix Apartments. A substation there would help with some of the problems of loitering and other events at the park. She was also concerned about designating the building as a senior center. There might be a problem later designating other activities. There were other group.: who would like a place in the community for a meeting place and the building might be available for more than just the Police Department and the Seniors. It could be a more informal meeting place for community groups. Mayor Castleberry stated that the MLK Center was not being fully utilized especially during mid-morning and mid-afternoon, There ~J were times when the full-time employees did not have anything to do. MLK was a very expensive and extensive center and felt that this would be a duplication of effort. He was concerned about what the operation and maintenance costs might be in the future. He felt this proposal was not stressing the importance of meeting together and did not want to promote separate facilities. Council Member Cott suggested that older individuals did not have the patience to be with younger people for a good part of the day. This would be good for older citizens to know that they would have a quiet place to go. E Mayor Pro Tem Brock stated if the funds were used for the renovation, it would be block grant funds which were designed to be C used for low income projects. The MLK Center was also built partially from low income funding. On the surface this might appear to be resegregation but that was not really the point. The point was access for individuals who did not have readily available transportation. There was a difference between an individual choosing to go to a facility in his neighborhood and being told that he could not go to a different facility. t 4 r r ~genoa~~v ~4 nt Agenda I to Date b'~ City of Denton City Council Minutes 761V7 May 17, 1994 Page 7 Mayor Castleberry stated that he was aware of what the block grant funds were for and that they could be used for other projects. He was not against the centers but did not want to duplicate services. Council Member Miller stated that the idea came from the community during the public hearing process. He asked the Chief of Police to address the situation of the COPS program. Mike Jez, Chief of Police, stated that community offices were placed in locations at the request of the neighborhoods. Through a process of consulting with neighborhood residents, it was determined where the best location would be for the community i office. It was necessary to continually reevaluate the effectiveness of the community centers. The dynamics and characteristics of a neighborhood might change from time to time. Where an office was creditable at one particular given time, it might not bQ creditable in that same location five years later. Staff would go back to the neighborhood and consult with them regarding where they could best be served. There had been a number of problems in prior years with rentals of the Legion facility due 1 to less than desirable groups renting the facility. This proposal would ensure that that did not occur. Council Member Perry asked if the residents desired to continue a program at both locations, could that be done. Jez replied that that would be an option to consider. It must be kept in mind that the community offices were not staffed 24 hours a day with police officers. The officers relied very heavily on citizen involvement with those offices. Periodically an evaluation must be done regarding the effectiveness of those offices and the utilization of those offices. When it was found that an office was not being effectively utilized by the police and/or the citizens, then it should be considered to close that office. It was not necessary to continue them indefinitely because they were effective at one time. Council Member Smith stated that if the building were renovated and prepared for the two purposes indicated, it would be up to the j residents whether the police unit would move. Jez replied that there had not been any commitment to move at this time. Due to a time constraint, this item was continued during the Regular session under Miscellaneous Matters from the City Manager. i i i e 'a i a i i i ~eRdaNO AgeMalte!" 4S I Z Date City of Denton City Council Minutes O d~ May 17, 1994 Page S The Council convened into the Regular Meeting on Tuesday, May 17, 1994 at 7:00 p.m. in th; Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 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 the Regular Session of March 19, 1994. Perry motioned, Smith seconded to approve the minutes. Council Member Cott stated that on page 19 there was a comment which was not really what he intended to say. He would like to f substitute wording for what was indicated in the minutes. The minutes indicated "Most organizations going to a bank to grow did not say ;:hat they would tell the bank over the next 10 years how I much they wanted to borrow" and he would like to substitute "Any 1 organization that wanted to grow had to tell the bank what its plans were up front and how much money it would need. The bank would then determine whether it had the assets to be able to borrow as much as it wanted.11 Mayor Castleberry asked if this was a correction of the minutes or an addition to the minute:. Council Member Cott stated that it would be a changing of the words he used in the minutes. i City Attorney Drayovitch stated that if it were the desire of the Council, a motion would be in order to add that clarification to the minutes and to reflect such in the minutes. In that way, the integrity of the minutes would not be disturbed but would be a clarification. Council Member Perry and Smith agreed to that clarification in their motion and second. Council Member Miller asked for a correction on page 20, third paragraph to change the word "would" to "should". c p r VvdaNo _ -4 AgepdalleryL~ S ~ Oote City of Denton city council Minutes May 17, 1994 Page 9 Council Member Perry and Smith agreed to that correction in their motion and second. On roll vote of the motion with the addition and correction, Brock "aye", Cott, Itaye", Miller 'lays", Smith "aye", Chew tlaye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The Council was to receive a citizen report from Mike Udell regarding pet overpopulation. i Mr. Udell was not present at the meeting. Mayor Castleberry presented Keep Denton Beautiful Awards to Blockbuster Video, Bob and Gay Pugh, and Carol and Martha Goen for May 1994. 4. Citizen Requests A. The Council considered approval of a resolution temporarily closing North Lake Trail between Auburn Street and Bowling Green Street for a neighborhood block party on June 5, 1994 from 1:30 p.m.- 6:30 p.m. Joseph Portugal, Assistant to the City Manager, stated that this was a request from the Homeowners Association for the street closure for a block party. This was the fourth year for the event and it had unanimous approval of the residents. The following resolution was considered: NO. R94-018 A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL BETWEEN BOWLING GREEN STREET AND AUBURN STREET ON SUNDAY, JUNE 5, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. Brock 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. 5. Public Hearings `r A. The Council held a public hearing and considered adoption of an ordinance rezoning 3.633 acres from Planned Development District 12 to Commercial (C) District. The site was located on ageotlaNo 9~QZ_~ D01e~2~_'- City of Denton city council minutes /d 014`7 7 May 17, 1994 Page to District 12 to Commercial (C) District. The site was located on the west side of Interstate Highway 35 approximately 1800 feet south of State School Road. (The Planning and zoning commission recommended approval 7-0.) Z94-008 Debra Goodwin, Urban Planner, stated that this was a request for a rezoning of 3.633 acres of an existing 6 acre site. The dual zoning on the property developed as property sales were done without proper platting. The property was in PD12, originally approved in 1972, and had several changes and amendments since approval. The most recent consideration of this property was in 1987 for a concept plan for commercial uses. The applicant was proposing to rezone this piece of property to commercial and was asking for no restrictions on the zoning. Platting would be considered at a later date. The Mayor opened the public hearing. No one spoke in favor. ; 1 1 No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: ~I NO. 94-068 AN ORDINANCE OF THE CITY OF DENTON, TLXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 12 TO COMMERCIAL (C) ZONJNG DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.633 ACRES OF LAND LOCATED ON THF. WEST SIDE OF INTERSTATE HIGHWAY 35 APPROXIMATELY 1800 FEET SOUTH OF STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the -)rdinance. On roll vote, Brock "aye", Cott "aye", Miller "aye', Smith "aye", Chew ( "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. f B. The Council held a public hearing with regard to the d proposed annexation and zoning of 79.69 acres located along FM2164 and extending approximately 3,482 feet north of Bobcat Road. (A-65) Frank Robbins, Executive Director for Planning and Development, stated that this was the second public hearing for this annexation and required no action on the part of the Council. This was a 'll 71tYd r, q ~ +genaa+uu Agendaltem Date 6i a f 47 City of Denton City Council Minutes May 17, 1994 Page 11 public hearing to provide input into the process. The Mayor opened the public hearing. No one spoke in favor. Gloria Delaney asked when was the last time the City annexed out in this direction. Robbins replied that he would researct: that information for Ms. Delaney. Delaney wanted to know the last time the city limits signs were moved in that area. She also asked when fire hydrants would be available for fire protection in the area. Robbins replied that those issues were not directly addressed with this annexation. The City's policies regarding those types of capital improveLents were applicable and were listed in the back-up materials. When development occurred in that area, the hydrants would be placed. Delaney stated that she was not talking about any building that might happen but rather the current residents. Mayor Castleberry stated that as Ms. Delaney was not making a statement but rather was asking questions, she needed to give those questions to Mr. Robbins who would research the answers. Delaney stated that the nearest fire hydrant was at Evers Park which was approximately 4 miles away from the proposed annexation. The residents in the area were individuals with farms and animals and they did not wish to be in the Denton city limits. The Mayor closed the public hearing. Council Member Smith clarified that this annexation had no homes involved. Robbins replied correct that there were no structures involved. I Council Member Perry indicated that there was an individual in the audience who seemed to have a different opinion. Robbins replied that he had an aerial photograph indicating no structures in the area. Ms. Delaney indicated that there was a mobile home in the area. 4endaNU Agenda Ilem.X5z2_ Date 9z! City of Denton City council minutes 1z6/V--7 May 17, 1994 Page 12 Robbins replied that that mobile home was not in the area. He offered to speak with Ms. Delaney about her issues before the annexation process ended. C. The Council held a public hearing and considered a variance to Section 34-114, paragraph 17 of the Subdivision and Land Development Ordinance concerning the construction of sidewalks at Browne Industrial Park. (The Planning and Zoning Commission recommended approval 7-0). Frank Robbins, Executive Director for Planning, stated that this was a simple variance. The property was located at what would be the dead end of Jim Christal Ruad when completed. The unique situation that justified the variance was that it was the last property on a dead end street. The Planning and Zoning Commission granted a variance to the requirement for sidewalks which would go no where. The Mayor opened the public hearing. No one spoke in favor. ! No one spoke in opposition. The Mayor closed the public hearing. Brock motioned, Perry seconded to approve the variance request. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry 'laye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing to consider the preliminary and final replats of Lot 1, Block 1, Bethel Temple Parsonage Addition, plus approximately .464 acre of unplatted land; E into Lot 1R. The 2.00 acre site was located on the south side of Highway '480, near the Marshall Road Intersection. (The Planning and Zoning Commission recommended approval 7-0.) t Frank Robbins, Executive Director for Planning and Development, stated that this was a residential replat which required a public hearing. This property was being added to a currently platted lot. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. A s AgendaNa q~ G~6 Agendaltem Date ~k21_RV City of Denton City Council Minutes 30 F May 17, 1994 Page 13 The Mayor closed the public hearing. Chew motioned, Smith seconded to approve the preliminary and final replats. On roll vote, Brock "aye", Cott "aye", Miller "aye". Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council held a pub] ic hearing and considered approval of the preliminary and final replat of Lot 4-R, Block 4, Snider Addition, Section II. The site was located on Brooke Street north of Casie Court. (The Planning and Zoning Commission recommended approval, 5-0). Frank Robbins, Executive Director for Planning and Development, stated this was again a residential replat situation. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Perry moved, Brock seconded to approve the preliminary and final replat. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith 1 "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council held a public hearing and considered a motion to call the street escrow for 2901 Fladger from Melvin and Lano Herr. Jerry Clark, Director of Engineering, stated that this was a request on whether or not to call a street escrow agreement located at the intersection of Fladger and Westgate. This was the loth year of the 10 year `pond. In the last several months Westgate had deteriorated and needed serious work. If the bond were used, the expense to the citizens would lessen. Mr. Herr was required to put up the bond because of frontage on Westgate Drive. Staff was asking that Council consider refunding the curl and gutter portion of the bond as the construction would be a standard city street without curb and gutter. The amount to be refunded would be approximately $1,500 and staff was recommending to call the bond. The Mayor opened the public hearing. No one spoke in favor. e +pendaNo el- m 4gertdalte 2 _ City of Denton City Council Minutes Dale May 17, 1994 y0 Page 14 Mel.Vih Herr stated that he was the owner of the property at 2901 Flidger. They bought the property in 1984 and obtained a building Pe•7mit in 1985. At that time in order to obtain a building permit, they had to have the property platted and put up an escrow account. This agreement vas to fund one-half of the paving and. installation of curb, gutter and drainage facilities They were told last that this could be requested this year since there were no plans to do any major year paving for the next five years. There was another residence south of his residence and he asked if those individuals Would be these fundscissbeessed for returnedototthemaving. He asked that The Mayor closed the public hearing. City Manager Harrell reminded the Council that there had been a similar case about 6 months ago. For the funds to be spent in the final year a public hearing was required. In the previous this occurred and positive public improvements were made. If cthis had not been the filial year, a public hearing would not have been necessary. Council Member Smith stated that the money for curb and gutter would be refunded. Clark replied yes approximately $1500. Elaine Herr stated that she needed clarification regarding the agreement. When they had applied for their building permit, th a the money greed to would along for what the City requested, inicating that not indicate that the Paving' gutter, and drainage. The City did part of the they could take part of the money and only do Project. That was not what was agreed on. Clark replied that the issue was whether the street should be left in a rural or urban state. The Legal Department had researched the issue and determined that it was legal to do the street improvements which was a major part of the agreement. t City Attorney Drayovitch stated that Mr. of the Assistant City Attorneyfs regarding the matterland shehfelt Mr. Clark's representation was consistent with what the Council had h' done with other cases. Ms. Herr asked if anyone else in the neighborhood would be required to pay for any improvements. Clark replied that this was the only bond being called and this was f the only house putting up money. i S , ogert~aNo.4~~"~D- , I Aaendalkem Date- City of Denton City Council Minutes May 17, 1994 Page 15 Ms. Herr stated that she had a problem with the other land owners not having to pay for the improvements. she did not agree with the procedure because the City was not doing what was agreed. Why should they be the only ones to put up the money for the improvements as they were not the only ones using the road. Trucks from a construction project damaged the road and brought this iasue forward. City Attorney Drayovitch stated that the agreement by the City was to utilize the money for the paving, installation of curb and gutter and drainage according to City specifications. In oruer to obtain a building permit at the time the Herr's built their home, adjacent property owners had to either pave the street or execute this agreement. The City was going to construct part of the improvements and the part which they were not going to construct would be refunded to the Herr's. Ms. Herr asked about all the other property owners on the street. City Attorney Drayovitch replied that she was not familiar with the specifics of the project. City Manager Harrell stated that this was not a street assessment program to pave the street. Because none of the other property along that street during the past 10 years had platted their property and filed with the City an escrow amount, the City had no other escrow amount to call except for the Herr property. If any other property along the street had platted and obtained a permit, they would have had to files an escrow agreement which would be called when improvements were made. Ms. Herr stated that in 1984 and 1985 they should have fought putting up the money as their neighbors did and not put any money in the escrow account. Chew moved, Perry seconded to keep $6,200 of the escrow account and refund the Herr's $1,504. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor t Castleberry "aye". Motion carried unanimously. ` Mayor Castleberrv presented a Keep Denton Beautiful award to Carrol d Martha Goen. 6. Consent Agenda 3 Smith motioned, Perry seconded to approve the Consent Agenda as presented. On roll tote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". .p~ h 490,10N9 apendalte a City of Denton City Council Minutes May 17, 1994 Page 16 Motion carried unanimously. A. Bids and Purchase Ord•nrs: 1. Bid 11625 - Forklifts 2. Bid ,#1628 - Drainage Channel Vegetation Management B. Plats and Replata 1. Preliminary replat of Wimbleton Village replat and McNatt Addition replat of a 54.538 acre tract located on Interstate Highway 35 at State School Road. (The Planning and Zoning Commission recommended approval 7-0.) 2. Preliminary plat of Lots 1-7, Block A; Lots 3-34, Block B, Lots 1-22, Block C; and Lots 1-13, Block D; of the Crown Oaks Addition. The 24.43 acre site was located north and east of Teasley Lane, at Hobson Lane. (The Planning and Zoning Commission recommended approval 6-0.) 3. Preliminary plat for Lot 1, Bock 1, Browns Industrial Park of a 9.5781 acre tract located on Jim Christal Road at the G. C. 8 S.F. Railroad. (The Planning and Zoning commission recommended approval 7-0.) 7. Ordinances A. The Council considered adoption of are ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid }'1625, 6.8.1. - Bid 11628). j The following ordinance vas considered: h NO. 94.089 AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry 'lay,", and Mayor Castleberry "aye$'. Motion carried unanimously. E ~gandaNo 9y~_~ ~ ~pendaltem ~ ~ 'Ve- City of Denton City Council Minutes 17 0 IW7 May 17, 1994 Page 17 B. The Council considered adoption of an ordinance amending Ordinance 93-161, establishing, the scheaule of rates for water service, by the revision of the rates for the sale of water for resale to municipal corporations, water districts and other governmental entities by agreements prior to June 1, 1986; by repealing Schedule WW2 for water sales for resale to municipal corporations, water districts and other governmental entities by agreements after June 1, 1986; by deleting Schedule WW2. Bob Nelson, Executive Director for Utilities, stated that the City presently sold wholesalQ water to Corin'ch and Lake Cities Municipal Utility Authority. on June 1, 1994 those two entities would begin purchasing their water from the Upper Trinity Regional Water District. In July of 1992 the City entered into an agreement with the UTRWD to provide them with an interim wholesale water contract to provide water for tho UT°WD so that t.:ey could take over the responsibilities of providing water to those two entities. within that contract of July 1992 there was a provision on how those rates wuuld be developed. This ordinance enacted the actual cost which i would be approximately $1.22 per thousand gallons which would take effect June 1, 1994. Council Member Cott asked if this was just a unit shift. Nelson replied yes. The City had revenues of approximately $700,000 with the present contract and that would continue as it moved to the UTRWD. Council Membar Cott asked if this was joist a unit shift regarding the amount of water. Nelson stated that the City would be selling a great deal more wr.cer t1,an before because the UTRWD vo,ild be 1rovidirg more water to cther entities. Joe Dodd stated that he was not particularly for or against this item but would like the Council to consider something else that was going to be coming up and was part of the City's overall utility package. The people owned the utilities in Denton and paid for the utilities in Denton. The City managed that service for th!,m. Last year the City managed it so well that there were overcharges in the range of $4 million. Denton was a poor city in many places and the overcharges hurt. While considering utilities, he asked the Council to consider what $3 million put back into the Denton economy would do for this city. He asked that the Council let the people decide how the money was spent and consider this as Council considered the rest of the utility package. s I l^ y ~ 'e { 1 vndaNo Agevda'ten 0ale City of Denton City Council Minutes / Q (~7 May 17, 1994 Page 18 The following ordinance was considered: NO. 94-090 AN ORDINANCE AMENDING ORDINANCE 93-161, ESTABLISHING THE SCHEDULE OF RATES FOR WATER SERVICE BY THE REVISION OF THE RATES FOR THE SALE OF WATER FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENTS PRIOR TO JUNE 1, 1986; BY REPEALING SCHEDULE WW2 FOR WATER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENTS AFTER JUNE It 1986; BY DELETING SCHEDULE WW2; PROVIDING A SEVERABILITY CLAUSE; 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 vacating a certain public easement recorded in cabinet C, Page 381 of t:le plat records of Denton County, Texas. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Development, stated that this was a vr.cation of an easement for a pool permit. The pool permit would encroach on the easement and the owner asked for abandonment of only that portion of the easement. There would be no utilities in the easement because the utilities were located in the front of the property. The value of the easement had been ~J deposited with the City. The following ordinance was considered: i I NO. 94-091 r AN ORDINANCE VACATING A CERTAIN PUBLIC EASEMENT RECORDED IN ) CABINET C, PAGE 381 OF THE PLAT RECORDS OF DENTON COUNTY, ! TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. t Smith motioned, Brock 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 t unanimously. F D. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the east side of Bernard Street from its intersection with Sycamore Street to its s F 7 gsrroa~va 4 ZQ____ ~$en0altem ~ City of Denton City Council Minutes 9dr110 May 17, 1994 Page 19 intersection with Highland Street when signs were posted. (The Traffic Safety Commission recommended approval.) Jerry Clark, Director for Engineering/Transportation, stated that Bernard Street was located to the east of the University of North Texas. The Oaks Apartments were located between Sycamore and Highland in that area. This was a citizen request for assistance due to safety reasons. Due to the lack of parking in the area the street was very congested with parked cars and it was difficult getting out of the driveway safely. All intersections had to be painted yellow to keep parking away from corners. This request would only be for the east side of the street and was originally for eight hours only. Traffic Safety recommended no parking for 24 hours. Council Member Cott asked if the City had checked with Mr. Irwin who was developing land in the area. f Clark replied that that property was closer to IOOF and not on i Bernard Street. Council Member Smith stated that there was adequate parking at the Oaks Apartments. Clark replied yes that thane was adequate parking. j Council Member Smith asked if there were mainly houses on the west side of street and would they have a place to park. Clark replied yes. The following ordinance was considered: NO. 94-092 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THE EAST + SIDE OF BERNARD STREET FROM ITS INTERSECTION WITH SYCAMORE STREET TO ITS INTERSECTION WITH HIGHLAND STREET WHEN SIGNS ARE POSTED) PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) ; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock 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. R H i M I ~gendaNO Ageodalte ~ Dote City of Denton City Council Minutes C/Q r Y 7 May 17, 1994 Page 20 E. The Council considered adoption of an ordinance designating and establishing a school safety speed zone on portions of Congress Street, Denton Street and Mounts Street near the Calhoun Middle School; and reducing the maximum prima facie speed limit for such portions of said street from thirty miles per hour to twenty miles per hour during certain hours. (The Traffic Safety commission recommended approval.) Jerry Clark, Director of Engineering/Transportation, stated that Calhoun Middle School was located south of Congress between Mounts and Denton. Although the streets around the school were currently posted "no parking", there were numerous violations in order to load and unload students. The bus loading had been moved from Mounts Street to Denton Street. It was assumed that the no parking in the area was started by policy in the early 1960's or 19701s as there was no ordinance to validate the no parking in the area. The lack of an ordinance was discovered when the DISD asked that the time for the school zone be changed. The majority of activity at Calhoun was on Congress Street. The ordinance would establish a zone which would protect the crosswalk and protect the proposed loading zones plus give adequate warning. The following ordinance was considered: I NO. 94-993 I AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON PORTIONS OF CONGRESS STREET, DENTON STREET AND MOUNTS STREET NEAR THE CALHOUN MIDDLE SCHOOL; REDI'CING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Perry motioned, chew seconded. 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 establishing no parking and loading zones on portions of Congress Street, Alice Street, Denton Street, and Mounts Street near Calhoun Middle School. (The Traffic Safety Commission recommended approval.) s - S r +gendaNo - Date City of Denton City Council Minutes May 17, 1994 Page 20 E. The Council considered adoption of an ordinance designating and establishing a school safety speed zone on portions of Congress Stiee:, Denton Street and Mounts Street near the Calhoun Middle School; and reducing the maximum prima facie speed limit for such portions of said street from thirty miles per hour to twenty milos per hour during certain hours. (The Traffic Safety Commission recommended approval.) Jerry Clark, Director of Engineering/Transportation, stated that Calhoun Middle School was located south of Congress between Mounts and Denton. Although the streets around the school were currently posted "no parking", there were numerous violations in order to lo=ad and unload students. The bus loading had been muved from Mounts Street to Denton Street. It was assumed that the no parking in the area was started by policy in the early 1960's or 19700s as there was no ordinance to validate the no parking in the area. The lack of an ordinance was discovered when the DISD asked that the time for the school zone be changed. The majority of activity at I Calhoun was on Congress Street. The ordinance would establish a zone which would protect the crosswalk and protect the proposed loading zones plus give adequate warning. The fallowing ordinance was considered: i NO. 94-093 i 1 AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY ~J SPEED ZONE ON PORTIONS OF CONGRESS STREET, DENTON STREET AND MOUNTS STREET NEAR THE CALHOUN MIDDLE SCHOOL; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.0u); PROV:DING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN . EFFECTIVE DATE. i Perry motioned, Chew seconded. 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 establishing no parking and loading zones on portions of Congress i Street, Alice Street, Denton Street, and Mounts Street near Calhoun Middle School. (The Traffic Safety commission recommended approval.) E a P 1 genoaNO gy.C1P~ 4gendalt m Z City of Denton City Council Minutes ~t8 May 17, 1994 2I 67°~f Page 21 I Jerry Clark, Director of Engineering/Transportation, stated that this ordinance would establish a loading zone and no parking zones at the Calhoun Middle School. Mayor Pro Tem Brock asked if the residents on Mounts Street had been involved in the discussions. Clark replied-that there were no residents in the area except for the apartment complex and it fronted on Anderson Street with access on that street. Staff did meet with Dennis Cox to make sure that the driveway for the apartment would not be negatively affected. He was assured that that area would be protectcd from parked vehicles. The following ordinance was considered: i NO. 94-094 AN ORDINANCE ESTABLISHING NO PARKING AND LOADING ZONES ON PORTIONS OF CONGRESS STREET, ALICE STREET, DENTON STREET, AND MOUNTS STREET NEAR CALHOUN MIDDLE SCHOOL; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll voto, Broc% "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 authorizing the City Manager to execute an agreement between the City of Denton and Robin G. and Patty S. Wilson to purchase property. Bob Nelson, Executive Director for Utilities, stated that the next three items reprnsented the final pieces of property needed for the expansion of the new landfill. Council Member Cott asked what would be the cost to guarantee EPA compliance. Nelson stated that Council Member Cott was referring to the environmental assessment of the property. As the City purchased these pieces of property, provisions were included in the agreement that the current owner would be responsible until the time of transfer of title of the property. The City would be responsible k b r i t genoam, Agaidaltem' Gate _6-7- City of Denton City Council Minutes 2 20 ~/'7 May 17, 1994 Page 22 for anything put on the property after the city purchased the property. Council Member Chew left the meeting. The following ordinance was considered: NO. 94-09r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECL`TE 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 FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "ale". Motion carried unanimously. H. The Council considered adoption of an ordinance 1 authorizing the City Manager to execute an agreement between the City of Denton and Joe A. and Ella M. Mays to purchase property. The following ordinance was considered: NO. 94-096 I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND JOE A. AND ELLA M. MAYS TO PURCHASE PROPERTY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry nays". Motion carried unanimously. 1 I. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Melvin and Dorothy Hartline to purchase property. i The following ordinance was considered: NO. 94-097 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND MELVIN AND DOROTHY HARTLINE TO PURCHASE PROPERTY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE. i 1 ~ I j f I 5 r r i I r +genaa m 9C _ ~gen0a~tam aale City of Denton city council minutes May 17, 1994 Page 23 Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor. Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance amending the schedule of electric rates adopted with the enactment of Ordinance No. 93-160; providing for a premium-efficient motor rebate; amending the general service time of use schedule; amending the thermal storage incentive schedule; repealing the voluntary load reduction schedule; and authorizing the expenditure of funds for the rebate program. Jim Harder, Director of Electric Utilities, stated that the proposed ordinance was a modification of the existing demand side program. The original program had been very effective ovQr the last several years. The program was--in- constant need"'to be C, reviewed so that the program fit with the changes of the City in order to be competitive with the area. The ordinance added one new program, a motor loading program, and would delete the voluntary load reduction program. Demand side management reduced the peak and reduced the need in the future to add capacity. I Council Member Chew returned to the meeting. In the past, the demand side management concentrated on trying to reduce the peak to avoid adding additional capacity in the future. The other incentive was that since Denton was a partner in TMPA the City was paying demand charges from the energy received from the Gibbons Creek Power Plant. In the past, the city was almost in competition with the other cities to reduce demand. Last year, the rate configuration had changed. The demand side management program was no longer cost effective due to the change in TMPA pricing. The ordinance included a base appliance rebate program for high efficiency heat pumps or air conditioners. Summer Sense was an ongoing program which had been marginally effective as it had a high cost and changes were being considered in that program. All programs with the exception of Summer Sense were rebate programs where a rebate was given for a type of appliance or motor which was purchased in exchange for a less efficient item, Council Ee:jber Catt asked about more efficient TMPA production. Harder replied that Council Member Cott was indicating improving efficiency at TMPA. The Cityfs demand side management program was independent of the TMPA operation. The cities had installed the rate structure to encourage member cities to participate in demand side management programs. If they did not, they were penalized in t r 6 ~8fl081~6 Agenlal eT,eS -2 City of Denton City Council Minutes May 17, 1994 Page ^4 the rate. Since TMPA sold all of its energy to the four member cities, there was no incentive for demand side efficiency. The following ordinance was considered: NO. 94-098 AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES ADOPTED WITH THE ENACTMENT OF ORDINANCE NO. 93-160; PROVIDING FOR A PREMIUM-EFFICIENT MOTOR RATE; AMENDING THE GENERAL SERVICE TIME OF USE SCHEDULE; AMENDING THE THERMAL STORAGE INCENTIVE SCHEDULE; REPEALING THE VOLUNTARY LOAD REDUCTION SCHEDULE; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE REBATE PROGRAM; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock 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. 8. Resolutions A. The Council considered approval of a resolution providing for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television system operating in the city of Denton, Texas; and authorizing the City Manager to execute and file documents on behalf of the city of Denton to enable it to regulate basic service rates and charges. Richard Foster, Public information officer, stated that the 1992 Cable TV Act provided for franchising authorities such as the city to become certified to regulate rates for basic cable TV services. In January of this year, the City applied for certification to the FCC to regulate those rates. The certification was effective 30 days after the application and this was the next step in the process. The City had to pass a resolution indicating when the City exercised its regulatory authority, it would follow the rules and regulations of the FCC. Council Member Cott asked why the city would want to do this. i Foster replied that the resolution only applied to the regulation of :rates for basic cable services and equipment rental charges. If the City did not do the regulation, no one would and there would be no regulatory authority presiding over these issues and the cable subscribers would have no one to oversee the rates charged. I i i F; i e -genda No 2 Agendalt „Z Date 7:-941 City of Denton City Council Minutes :75 o 7 t May 17, 1994 Page 25 The following resolution was considered: NO. R94-019 A RESOLUTION OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE DOCUMENTS ON BEHALF OF THE CITY OF DENTON TO ENABLE IT TO REGULATE BASIC SERVICE RATES AND CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith 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. j 9. The Council considered nominations to the Traffic Safety Commission and the Board of Adjustment. Mayor Pro Tem Brock stated that she would like to postpone a nomination on the Traffic Safety Commission until after the Boards/Commission orientation on May 31st as there might be citizens interested in that position. I II Council Member Miller stated that he had talked with the alternate on the Board of Adjustment and she agreed to become a full member. He would return later in the meeting with the name. 10. Receive a Vision update. Mayor Pro Tem Brock stated that the city Manager, as Project Manager of tha Vision project, had met with the co-chairs of all groups. There had been a concern that too many of the groups were focusing on current goals or needs instead of long term goals. There was a need to not look at immediate actions but actions for the future. The Transportation Committee had Al Murdock from SPAN speak to them and would be having Paul Geisel from UT-Arlington at an upcoming meeting. The Cultural City Committee would be having Herbert Holl speak to them in the future and the Education 14 Committee would be having four different speakers regarding education in the City. The consultant for the project, Joe Lanford, would be in Denton on June 6-7 to meet with the impact groups. All Council and interested citizens were invited to attend any of these meetings. i i K,. k s AQWaNa. ~~-420 AQerdaliem 9 F _ City of Denton city council minutes May 17, 1994 26 p'(!7 Page 26 11. Miscellaneous matters from the city Manager. Lloyd Harrell, City Manager, presented the following items: A. Assessed value for City of Denton - The City had received preliminary numbers from the Appraisal District with final numbers to be received in July/August. The preliminary numbers for the City were up slightly. It appeared that the figures for Denton County were up due to the growth in the southern part of the County. For budget purposes, staff would be projecting a growth of approximately it in assessed value. B. Cecile Carson had received word that Keep Denton Beautiful Inc. for Texas had nnounced the winners for two major awards - the Ebby Holiday/Maurice Acres Business Award and the Ruth Jackson Youth Award. Denton received top awards for both categories. Gene Gumfory/Sonic Drive-In was awarded the local j business award and the youth award was awarded to the Ryan Campus Ecology Club which was named the number one program in secondary schools in Texas. As a community, Denton had filed application for the sustained excellence award. C. The mid-June annual planning session was coming up and he felt it would be helpful to have one or two council members assist in formulating the agenda for that meeting. I Council Members Perry and Cott volunteered to assist with the agenda planning. 1 D. Council had asked for an exclusive work session regarding J the Zoning Task Force recommendations for the zoning rewrite. The next study session had several items on it and did council want to include that item on the next cork session. Mayor Pro Tem Brock indicated that she would not be present at the next session. Consensus of the Council was to hold the zoning item for a separate meeting night. Council returned to the nomination by Council Member Miller for the Board of Adjustment. Council Member Miller nominated Rebecca King for the Board of Adjustment. The council returned to Work Session Item 14. t I 4 pa t AAendaNo 9~/-t3 Ageodaltem a City of Denton City council minutes ate" May 17, 1994 7 Page 27 ~V7 4. The Council held a continuation of discussion regarding the Community Development Advisory Committee and Human services Committee recommendations. Harold Williams stated that he was concerned about the Legion Building proposal. He was in favor of the City remodeling the building and taking charge of it to make it into a senior center and police center. This would be helpful to the community and felt that it would be a shame to not remodel the building. Barbara Ross, Community Development Administrator, stated that in the human services area there were CDBG funds and general fund dollars in that grouping. There was a need to be careful when allocating funding so as to not mix the two types of funding. Mayor Castleberry asked if the Council had any item from the original recommendation from the Committee that it wished to pull or discuss. Council Member Cott questioned Item 7 - ADA compliance. recommended putting that project on a several He year basis. City Manager Harrell stated that the city had been doing that over the past several years. Those projects recommended were the projects needed to keep the city in compliance for the neat year. Council Member Cott asked for an idea of what projects would be necessary for the next several years. City Manager Harrell stated that the City had been in the program for several years and had several years left to complete. This was a continuation of a program done for the past several years. Council Member Miller stated that last year the Denton ISD TRIPS program had received funding and that was not the case this year. Ross replied that the Committee had to make choices and some programs funded in the considered for core fundigst were left out and TRIPS was not n Council Member Miller asked if that had been communicated to the f DISD. r Ross replied that it had been communicated to the DISD that the City would not be funding the program next year. Mayor Pro Tem Brock asked why the funding for the North Texas Community Clinics was not being taken from Block grant funds. f 4 w r s i v ~gendaNo. ~ A endalle S ' City of Denton City Council Minutes May 17, 1994 Page 28 Ross replied that there were several activities such as the Parks program and the funding for SPAN operations which were specific requests for CDBG funds. In order to fund those activities, the Committee switched some of the other programs to general fuiids. Council Member Cott asked why the funding for Friends of the Family was decreased. Ross replied that the me.norar.dum of the committee indicated that consideration for funding included funding that the agencies currently were receiving. Friends of the Family had a large budget and the Committee had some increases to programs plus new programs funded. The Committee supported the work of the Friends of the Family but had to make choices for new programs versus continued funding of others. Council Member Cott suggested that next year the Committee anticipate in the future a decrease in funding as opposed to a complete cut-off without warning. Ross replied that the Committee would be looking at an alternate method of allocating the funds. Council Member Miller asked why the North Texas Community clinics was changed to general fund dollars. Ross replied because of the request for $41,500 for transportation and the request for the four parks programs were specifically from CDBG dollars. Council Member Miller asked if the $410500 were taken out of the CDBG request, would the funding change. Ross replied that the Committee would ha%e looked at the requests differently if that $41,500 had not been there. Council. Member Miller asked about the splitting of funding of an ` agency between the two funds. Ross replied that it was more difficult to administer the fundinc of an agency if it were split between the two types of funds. Council Member Miller asked how difficult it would be to monitor the Owsley project. I j Ross replied that that would be one of the easier ones to split. Marion Hamilton stated that there were flaws i.i the process which a e a e t r' . VndaNo, Agendalt Date -Q& L City of Denton City Council Minutes v? 9 O 44/7 May 17, 1994 Page 29 were long standing. The ranking of the requests of the agencies was random and subjective. This ranking did not take into account the unmet needs of the community. Health needs were ranked last. In Denton there was a number of low income individuals who could not understand that. There was an indication that TWU Cares had money and did not need any more. TWU had received grants for education and personnel but not for supplies. In order to keep the clinic going and provide dental care to citizens, they were asking for $30,000. She urged the Committee to reevaluate the process and the way in which dollars were allocated and the way needs were ranked. Martha Guerra stated that she was a resident of the Phoenix Apartments and at one time did not have insurance. she personally knew many individuals who found TWU Cares a great help for dental, vision and screening for women. The City would not be wasting money if it were given to TWU Cares. The individuals who used the Clinic were not looking for a handout but needed help on a temporary basis. This was a program which was in great need for the community. Eugenia Gramojo, speaking through an interpreter, stated that there were individuals in the Phoenix Apartments who were low income individuals and most were hispanic. They were hard working people with low wages and sometimes could not afford insurance for their families. She expressed thanks to the TWU Clinic as a facil9ty to help with health care. Ghe had benefited from the Clinic and had received treatment and m.dicine at low cost. She felt that it was a great benefit to Denton citizens. i Sara Carey felt that this issue was very important to Denton either as a user of the services or a supporter of the services. As the budget for TWU Cares grew, so did the uncompensated care burden. I There were always expenses which were not covered. TWU Cares I needed City funding to meet their shortfall. This would be a good f investment of the Cityrs tax dollars. 1 j Mayor Castleberry indicated that the following speaker cards had been received from individuals who did not wish to speak but who wanted their opinions known: 4 Judy Spauling indicated a support for the DISD TRIPS program and the fact that they would not be able to meet their minimal demands if not funded. i Karen Connor indicated that the was opposed to funding cuts to Denton County Friends of the FarAly. d f ApsntlaMo. "'o2a_ µgandalte~~ 9y City of Denton City Council Minutes Date May 17, 1994 3~ O~ Page 30 Ann Reban indicated that Adult Day Care of North Texas was not recommended for funding and felt that this was an important prr+gram missing from a full range of services needed in the community. Alta Mae Reber indicated that funding for the Pdult Day Care Center was not approved and that it was a need in Denton for elderly citizens. Sharon Coutryer indicated that the Committee failed to recommend funding for the Adult Day Care program which would provide needed services for the elderly. Sylvia Michryo indicated that funding was not provided foL the Adult Day Care of North Texas and that this was a needed service in r Denton. Libby Day indicated that the Committee had failed to support the Adult Day Care Services and that was a needed service. Geri Sams indicated that Adult Day Care was a needed service in Denton for the elderly. Curtis Ramsey, Chair - Community Development Advisory Committee, stated that there had been concerns regarding the large number of proposals from Engineering in regards to public works facilities. He detailed a graph indicating the use of dollars over the past several years. The current proposal for public works and facilities represented 15% of tha total allocation. The engineering requests represented 128% of the total budget and the Committee responded to 15% of that request. The Committee attempted to correlate the Council questionnaire and the Committee rankings. They were unable to do that as Council had responded in terms of principle and the Committee responded to specific proposals. He felt that the Committee had reflected the priorities of the Council. Council Member Cott stated that sLme agencies needed to keep the itt same amount of funds. f City Manager Harrell stated that approximately the same amount of l dollars had been spent on public works projects for the past three years. There was a frustration that when Council indicated to staff i that their first general need was to improve streets and drainage, that the amount if money to put towards those project could not be increased as the amount of money increased in the block grant funds. There were many requests for street and drainage projects in low and moderate income areas. Staff to prospective was that this was the year to direct more dollars towards that area. L , Tlu ♦ AA 8 f t L Agenda No. 31- A Date~1~/~M_ City of Denton City Council Minutes May 17, 1994 Page 31 Council Member Miller felt that the block grant funds and general funds could not be completely separate. One of the requests for funding which impacted the allocation was the request for $41,500 for SPAN transportation. For the balance of the agencies there was not more money, there was less money. He proposed to remove from the human services funding source the SPAN allocation of $41,500 and reallocate those funds. He suggested Council follow the City Manager's Option I in his memo dated 5/13/94 which would increase funding out of the general fund for SPAN by $25,799. There would also be $25,000 of in-kind services. Once there was a transportation system, the City needed to make a commitment to continue funding. He was concerned that the current proposal leverage3 federal funds with federal funds. He recommended 'I allocating the $41,500 by increasing the funding to the North Texas Community Clinics to the level of last year which would add $5,000; increasing the funding to Friands of the Family to the level of last year which would add $13,000; adding funding for TWU Cares in the amount of $20,000; and increasing the parks program by $3,500 to be allocated on an as needed basis for programs. In order to do this proposal, the funding for the North Texas Community Clinics would have to be switched from general funding to Block grant funding and $17,000 from the United Way Owsley services would be put in the general fund, $16,000 would remain in Community Development Block Grant funding and $3,500 would be added for parks in CDBG. Council Member Chew felt this was a well thought out recommendation. Council Member Cott asked if this would be an increase in the general fund and an increase in the block grant funding. Council Member Miller replied that there would be an increase in the general fund of $25,000 for SPAN transportation. City Manager Harrell stated that Council Member Miller's proposal took a current funding level from property tax ($56,000) to give to SPAN, and if not cut SPAN services, it would add $25,000 more to the property tax SPAN allocation. Council Member Miller felt that federal dollars could not be matched with federal dollars for these programs. The City needed to make a decision that it would be willing to pay an incremental tax increase for those services. Coun,;il Member Perry stated that TWU Cares had $6,000 left from the 1991-92 budget session. He did not understand why money was left in that account which was not expended for direct delivery of j Agenda No. 24 AgendaIIa~r ~s 3 oate-6 -Z/- City of Denton City Council Minutes 322& 7 May 17, 1994 Page 32 services. Ross replied that many of the agencies had balances from one year to the next although no other agency had a balance from the 1991-92 budget year except for TWU Cares. Moat of the agencies had a balance which carried over from one year to another due to administrative difficulties and the possibility of needing to amend budgets. TWU Cares was not the only agency with a balance but was the only one with a budget from 1991-92. Tho funds had been spent on a regulcr basis during that time period for supplies and equipment. Marion Hamilton stated that the agency was trying not to spend all of the money as it was sure that it would not receive any funding this year. There was also a long time period to receive reimbursement through the system as the administrative procedures slowed down the process for reimbursement. Council Member Perry asked if the agency was held up by administrative procedures of the City or procedures of other agencies. Hamilton replied that it was the city department which administered those funds. This complaint was not specific to her as it had been heard from other agencies as well. The Denton Housing Authority kept good records and any allegations which indicated that they did not keep good records were grossly incorrec:c, } City Manager Harrell stated that the Block Grant staff had been ._J commended by HUD officials in the way that they conducted their business. A point to consider was that if HUD felt that an expenditure by an agency was illegal, the City had to repay the funds. That was why staff suggested keeping the number of agencies to a manageable level. The monitoring was necessary for city reliability. If it were the general consensus of the Council to act on Council Member Miller's recommendation, staff could put it into resolution form as a starting point for Council consideration. Mayor Castleberry asked that staff provide Council with the recommendation from Council Member Miller so that Council would have the figures as recommended. Council Member Cott felt that the Council should have both recommendations from Council Member Miller and from the Committee. Mayor Pro Tem Brock suggested having both recommendations in resolution form. JJ~ . I 4 j i a h E ' ~gendaNo agendalSem ~s s Date 6 - _c City of Denton city council Minutes May 17, 1994 32 7 Page 32 services. Ross replied that many of the agencies had balances from one year to the next although no other agency had a balance from the 1991-92 budget year except for TWU Cares. Most of the agencies had a balance which carried over from one year to another due tc administrative difficulties and the possibility of needing to amend budgets. TWU Cares was not the only agency with a balance but was the only one with a budget from 1991-92. The funds had been spent on a regular basis during that time period for supplies and equipment. Marion Hamilton stated that the agency was trying not to spend all of the money as it was sure that it would not receive any funding this year. There was also a long time period to receive reimbursement through the system as the administrative procedures slowed down the process for reimbursement. Council Member Perry asked if the agency was held up by administrative procedures of the City or procedures of other agencies. Hamilton replied that it was the city department which administered those funds. This complaint was not specific to her as it had been heard from other agencies as well. The Denton Housing Authority kept good records and any allegations which indicated that they did not keep good records were grossly incorrect. City Manager Harrell stated that the Block Grant staff had been ~J commended by HUD officials in the way that they conducted their business. A point to consider was that if HUD felt that an expenditure by an agency was illegal, the City had to repay the funds. That was why staff suggested keeping the number of agencies to a manageable level. The monitoring was necessary for city reliability. If it were the general consensus of the Council to act on Council Member Miller's recommendation, staff could put it into resolution form as a starting point for Council consideration. Mayor Castleberry asked that staff provide Council with the recommendation from Council Member Miller so that Council would have the figures as recommended. Council Member Cott felt that the Council should havu both recommendations from Council Member Miller and from the Committee. Mayor Pro Tem Brock suggested having both recommendations in resolution form. f pd F i 1 I b r +~enda No g~ 4$endalte City of Denton City Council Minutes Dale May 17, 1994 3 3 > Page 33 Consensus of the Council was to hive two resolutions, one from the Committee and one from Council Member Miller. 12. The Council considered a motion approving a strategic plan for self sufficiency and authorizing the Mayor to submit the plan with an application for designation as an Enterprise Community through the State of Texas to the Department of Housing and Urban Development. Frank Robbins, Executive Director for Planning and Development, stated that staff was asking Council permission to amend the { application. The staff could amend the list of actions and { commitments as they developed which would enhance the plan and the application. Council could approve the plan and authorize staff to work with the Major to continue to amend the plan in order to get as many commitments as possible. Brock motioned, Miller seconded to select the second option which would allow the Mayor and staff to continue to work on the application in whatever way that would enhance it for the strongest possible application. On roll vote, Brock "aje", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 13. The following official action was taken on Executive Session items discussed during the Work Session Executive Session: Miller motioned, Perry seconded to approve the mediation settlement for Ervin and Gibson and authorize the City Manager to execute such. On roll vote, Brock "aye", Cott, "aye", Miller 'laye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 14. New Business j The following items of New Business were suggested by Council Members for future agendast A. Council Member Miller suggested placing the Court of Record on a study session to bring all items together for consideration. 15. There was no Executive Session held during the regular session. With no further business, the meeting was adjourned at 10:33 p.m. tP i^C Y I f genaaNo +gen0alte late City of Denton City Council Minutes 3NdP!!~ May 17, 1994 Page 34 BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOID4 ' i { t i I j tr j? s Y , Benda No agendallam i rete 9 CITY OF DENTON CITY COUNCIL MINUTES 35o f May 24, 1994 The Council convened into a Special Call Session of the City of Denton City Council c.n Tuesday, May 24, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: Mayor Pro Tem Brock 1. The Council convened into the Executive session to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered legal advice regarding a contract between the City of Denton and the Texas Municipal Power Agency. E. Real Estate Under TEX. G01" T CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE 9 Sec. 551.074 2. The Council received a report and held a discussion regarding the Quarterly Financial Reports. j Kathy DuBose, Acting Executive Director for Finance, stated that the back-up materials included comparisons of revenues and expenditures for the current year to date to the prior year at the same point in time. These figures were also compared to the budget and indicated the amount of revenue collected to date and whether - that was over or under the prior year to date. When the major budget issues and proposed budget were presented, a forecast for the year would be included. The ad valcrem tax was very close to last year and the sales tax was 11% over last year. Last year the Council repealed the exemption on the sales tax on utilities which was effective January 1. Part of the increase over the first three months of the prior year had that sales tax. Franchise taxes were close to prior years while other taxes had a 53 variance. Revenue fees were 31t over last year. Ambulance service fees were increased. Council Member Cott asked if the City received any part of the lotto. DuBose replied no. Council Member Perry asked about the difference between the swimming pool fees and the airport fees as there was an $8,000 difference between the two. t A r a • Ptye I ~ l .i ~enOaNo.9~l-OZ ~ Apeodait 2 Date_ City of Denton City Council Minutes May 24, 1994 Page 2 DuBose replied that the swimming pool fee was a seasonal revenue which would increase in the summer months. Council Member Perry asked about the ambulance service fees and subscription fees. DuBose replied that the subscription fee was a service enacted in prior years where individuals could subscribe to ambulance service and not be charged any balance billing. In the fines and fees category, the mowing fees had increased this year over the prior year while municipal fines were below last year. Mayor Castleberry noted that the TWU police fines were up and the UNT fines were down. I Sandra White, Municipal Judge, stated that a meeting was scheduled j with UNT regarding the decline and usage of the city court for cases. She had been told that UNT was using the County for penal code offenses but she noticed that traffic cases were going there as well. UNT stated that only Claas C cases were being filed with the County but her impression was that other cases were being filed with the County Court as well, Council Member Perry asked about swirming pool inspection fees. DuBose stated that that was a seasonal inspection which would increase in the summer months. Mayor Castleberry asked why parking fines were down. DuBose indicated that she would research that information for the Mayor. Sandra White, Municipal Judge, indicated that last year there was a warrant roundup which included parking fines. There was an increase in parking tickets being paid due to that program which might be affecting the numbers for this year. I City manager Harrell stated that parking fines would not make budget projections. Last year, the budget anticipated that the 1 parking fine schedule would be adjusted and multiple offenses would have a higher fine. That program had been delayed until the move into the Court of Record. When that decision was made, a short I fall was evident in that category. EE Mayor Castleberry asked staff to check to see if the same type of f enforcement on parking was being done as last year. He also questioned restaurant inspections. i r ~ F . t 3gendaNo. q-OZO Agendaiiem ' Date 46 City of Denton City Council Minutes 9 7oi(14l 7 May 24, 1994 Page 3 Dubose indicated that last year the account ended with $35,000 collected and that appeared to be a seasonal revenue as well. Mayor Castleberry asked staff to research why that revenue was down. DuBose stated that zoiA ng permits and building permits had increased over last year. Certificates of occupancy were up from last year as were landscaping permits. Those areas were growth related and were up from last year. in the miscellaneous revenues category, interest income was down from the prior year due to lower interest rates over the past 9 months. The majority of tax money came in in December and Janaary and the City was just now investing that money. Transfers were on schedule for this year. Figures indicated that total revenue was 3% over last year. City Manager Harrell stated that the City had a good year last year revenue wise and anticipated an equally good year this year. Council Member Miller asked about the delinquent ad valorem tax figure. DuBose stated that the City had a shrinking base for taxes and what was being turned over to the collection agency was smaller. Expenditures were within a it variance for overall expenditures for the general fund over last year. Reasons for the overages included vacant positions last year which were now filled, increased maintenance costs, payouts for employees who left the City, and vehicle maintenance. Council Member Cott asked about expenses which were most likely to increase and ones most likely to decrease. DuBose stated that in the past few years there had been many unmet needs such as capital items and reduction of staff. she reviewed the utility accounts which were on target for budgeted amounts. 3. The council received a report, held a discussion and gave staff direction regarding policies and procedures affecting the permanent part-time municipal judge position and terms of office for the judges of the Court of Record. Joseph Portugal, Assistant to the City Manager, stated that he would review the Municipal Judged questions for Council consideration. Question 1 dealt with the salary for the part-time judge. The recommendation was to place the position in a grade 30 at $17 per hour. 1 i i f gendayo, 4gendallo ` - fete ~ City of Denton city council minutes 38 of / May 24, 1994 Page 4 Consensus of the Council was to follow that recommendation. Council had n 2 dealt with the annual evaluation Portugal stated that for the position. requested additional information and Legal review of this question. al ation pandireport stated that of yhaving the Court Subcommittee handle t e discussed to Council. Council Member Perry stated that as Council was a small group, he felt that the entire Council rather than a subcommittee could participate in the evaluations. The Council reviewed their current employees and he wanted to be consistent with all their employees. wa Charter ould not responsibility a iand considering the number of the This was 3 Council € Council Member Smith agreed that the Council was a smTaisbodY and she would like to be able to be involved with the app i Sandra White, Municipal Judge, stated that the Human Resources Department had done a survey of local entities eaaredtthat issues. She had conducted her own survey and it pPear same there were some differences in the information in o the cities cities. Her information was from the judges the surveyed. Few cities had a permanent part-time judge as most were contract judges. With the evaluation process, most cities used the system for the contract/part-time judge evaluation which went through the full-time judge with input to the Counnil. There was no clear answer from any of the cities. Council Member Cott asked if under the State Bar, the results of the judge came back to the Council. If a judge made a mistake, did it come back to the Council. White replied of that fthere was ollowing the lajudicial immunity unless a judge grossly was Council Member Cott stated that as he Council a the responsibility of working with the permanent judge, they should have the same responsibility working with an associate judge. at Council would Tom inck, wa confusing, Human The Charter providedoththat some of the terminology contract appoint the judges whether they were reular appointed those j dg sll hey had to enter judges and if the Council app into a contract with them. enef its depend d on what that e employee would judges be called. Currently b f t ~ I ~eadaNo~ ~ ' J 4flandalle J City of Denton city council minutes Oe~! May 24, 1994 Page 5 the special agreement judges were aid $25 per ho-sr With the benefits and recommended salary there would be a 25%.additional cost to the organization for recommended benefits for a part-time employee. It was a Council choice whether to hire a part-time employee paid at $17 per hour with part-time benefits or do a special agreement position at $25 per hour. The Council would still appoint, select and enter into a contract with the ! individual. i City Attorney Drayovitch reminded council that there were Charter ~ and statutor not items which could besdefor the appointment f legated. In Austin , theumunicipalhjudge was evaluated by whether or not the individual was reappointed or not. In Garland, the municipal judge did not know the salaries of the associate judges. Most cities did not give raises based on performance. The evaluation process was whether or not the judge would be reappointed to an additional term, Council Member Perry stated that he wanted a first class Court of Record and felt that a specific part-time permanent position was needed which would be tied to the court of Record. He felt that the position should be treated with the same respect as the permanent judge's position. i Council Member Smith felt that part of the problem was the word "evaluation". If there was a contract and Council discussed renewing that contract, that was not an evaluation. was not equipped to evaluate a judge. Renewing a contrThe actowacia less specific situation than a formal evaluation and did not require expertise as a .'ormal evaluation. Council Member Miller asked how man with the Court. Y judges were currently involved I White replied that there were two contract judges and one permanent judge. Council Member Miller asked how that would change with the Court of Record. white replied that there would be a pool of the two contract judges and d part-time judge. Council Member Miller stated that there would be three judges in addition to the full-time judge. white replied correct. The Council could decide to add the extra hours to the time for the two current contract judges. i r 4< ~enCaNa. Agan6altem..~s~:~C--- ete City of Denton City Council Minutes May 24, 1994 Page 6 Council Member Miller stated that the decision was how the Council wanted to run the Court of Record. He felt that there needed to be contracts with the judges and to ci:.•rWine the terms of those contracts. The evaluations should take place either annually or every two years. He questioned the need for a permanent part-time judge. White replied that she had proposed a regular part-time position as she had been under the impression that if the individual were scheduled for 20 hours per week, by law, that person was a regular part-time employee. She now knew that that was not necessarily so. The current contract judges could be scheduled for 20 hours per week if she were gone on vacation. It was not always known how long a docket would last. If there were a set number of hours per week and the dockets went over that set number, there would be no other money budgeteu for those hours. Most of the additional hours were night-time hours for the new Court of Record. Council Member Miller asked if the current contract judges would be 1 available for those hours. He felt that the Council had been operating under one set of assumptions and now those assumptions k might not be correct. With a contract judge, it would be easy to i move into a permanent part-time judge later. It would be difficult to go the other way around. He questioned if it would be better to go with a contract judge who would be available for certain hours, responsible to council, etc. ~ I Mayor Castleberry indicated that Council had taken two consensus to have a permanent part-time municipal judge. Did Council want to add to that that the employee would be appointed and evaluated by the Council. Council Member Smith felt that there should be a term limitation and at the end of the term, there would be a review and/or evaluation. She asked what hours the current contract judges s worked. White replied that Judge Ramsey did weekend jail arraignments and a night docket twice a month dealing with juvenile traffic and alcohol violations. He did some special assignments daring the day and normally worked 10 hours per week. Council Member Smith asked if Judge Ramsey came in early or stayed late to complete paper work associated with the night dockets. White replied no. Council Member Smith asked about Judge Cooper. i I i t i Y I f ~gendaNo. ~ ~ ~ Agentlah~._.-- Cate ' City of Denton City Council Minutes K May 24, 1994 Page 6 Council Member Miller stated that the decision was how the Council wanted to run the Court of Record. He felt that there needed to be contracts with the judges and to determine the terms of thv:e contracts. The evaluations should take place either annually or every two years. He questioned the need for a permanent part-time judge. White replied that she had proposed a regular part-time position as she had been under the impression that if the individual were scheduled for 20 hours per week, by law, that person was a regular part-time employee. She now knew that that was not necessarily so. The current contract judges could be scheduled for 20 hours per week if she were gone on vacation. It was not always known how long a docket would last. If there were a set number of hours per week and the dockets went over that set number, there would be no other money budgeted for those hours. Most of the additional hours were night-time hours for the new court of Record. Council Member Miller asked if the current contract judges would be available for those hours. He felt that the Council had been operating under one set of assumptions and now those assumptions might not be correct. With a contract judge, it would be easy to move into a permanent part-time judge later. It would be difficult to go the other way around. He questioned if it would be better to go with a contract judge who would be available for certain hours, responsible to Council, etc. Mayor Castleberry indicated that Council had taken two consensus to have a permanent part-time municipal judge. Did ancouncil want to d evaluated by add to that that the employee would be appointed the Council. Council Member Smith felt that there should be a term limitation and at the end of the term, there would be a review and/or evaluation. She asked what hours the current contract judges worked. White replied that Judge Ramsey did weekend jail arraignments and a night docket twice a month dealing with juvenile traffic and alcohol violations. He did some special assignments during the day and ;formally worked 10 hours per week. Council Member Smith asked if Judge Ramsey came in early or stayed late to complete paper work associated with the night dockets. white replied no. f Council Member Smith asked about Judge Cooper. l i , AQer+daNo. Age~da~te City of Denton City Council Minutes Date 6'~~ May 24, 1994 Page 7 White replied that Judge Cooper worked the juvenile penal code docket for 7 hours and the paper work associated with that court. That docket was scheduled for twice a month until the court moved into its new facility. After that it would be held four times a month. Judge Cooper also worked at the jail on Tuesday mornings. Seven hours per week was what the Council had budgeted for for Judge Cooper. Council Member Smith asked if the Court of Record would increase the need for additional dockets and judges. White replied that additional dockets would be created for the Court of Record such as two attorney dockets, three night-time adult dockets plus there was an increase in jail activity with video arraignments. Council Member Chew stated that since, by Charter, the Council had to appoint the judges, it should do the evaluation. He felt that 3 the current arrangement of judges should be used on a } basis until the Court of Record was started to see what was needed. Council Member Cott asked if there was a significant backlog of cases. 1 white replied that currently there was no backlog of cases. Some of the new dockets had to be cancelled but she was keeping up with the dockets anticipating the volume once the Court of Record began. Mayor Castleberry summarized that Council had decided to hire a made for a specific period of time and the individual t would be evaluated by the Council. aced Council Member Miller felt that there had been a change of r' circumstances and questioned the need for a permanent part-time judge. He felt that the Court could continue with the current judges. The prior understanding was that the Court had to have another judge and he felt that that preliminary recommendation might not now apply. Council Member Perry stated that by the time an individual were appointed and Council was through the budget process, the extra position would be needed. He felt that there was a need for such a position. Council Member Cott stated that he would rather have the extra r appointee going into the new court and reduce a position rather than not have the proper amount ofpeople. If .P, i { 1 p9ea0aNo 9 xzf) ApenQaltem City of Denton city council minutes We May 24, 1994 ~2 0~7 Page 8 Council Member Smith felt that Judges Cooper and Ramsey were relief judges and were not permanent positions. She felt that a permanent part-time position was needed and that the other judges could fill in when needed. she did not want to be shnrt-handed with the new court. White asked if the position would be paid hourly cr by salary. Mayor Castleberry summarized again that there would be a permanent part-time position which would be evaluated by Council. The position would have a definite time period for term of office. Council Member Miller felt that the Council was operating under previous information. other cities with a court of record operated without a permanent part-time judge and he felt that the process was being complicated by adding this position. He felt it was not necessary. Consensus of the Council was to hire a permanent part-time position with Council evaluation of that position. Portugal stated that Question 3 dealt with allowing the permanent part-time judge to engage in employment outside city hours. Previous consensus of the council was to allow such employment and Council had considered that a reasonable request. Consensus of the Council was that outside employment would be allowed. Portugal stated that Question 4 dealt with providing additional benefits in addition to the normal part-time position benefits. Those included bar dues, occupational tax, Denton County Bar Association dues, Municipal Court Association dues, continuing education and deferred compensation. Consensus of the Council at the last meeting was that additional information was needed and no ( decision was made regarding such benefits. i I Mayor Castleberry asked which of those benefits were given to other permanent part-time employees. i City Attorney Drayovitch stated that currently there was no other employee in a similar situation. Mayor Castleberry stated that as other employees did not have deferred compensation as a benefit this position should not either. He asked about a legal continuing education course which was approximately $600 per year for mandatory course work. r Ada Na. X1^(3 Aflendaltem ? City of Denton city council Minutes May 24, ?994 ~30~1~ f Page 9 Council Member Miller stated that the $600 was for the mandatory course work. Portugal replied yes. White felt that Council had agreed that an evidence course was a good training course for the individual and was willing to pay for a portion of that $300 course but had not decided an amount. Mayor Castleberry asked if there were any permanent part-time employees who received payment for course work. Klinck stated that other part-time employees could receive educational course work paid within the departmental budget. Every department director could pay non-mandatory fees at his discretion. t Consensus of the Council was to pay the $600 for the mandatory education and follow the regular personnel policy fox, any additional courses. Mayor Castleberry asked about the payment of bar dues. He asked if r the City paid any dugs to organizations. City Attorney Drayovitch stated that the City paid bar dues for every full time attorney but not for any contract attorneys. white suggested that if the individual had outside employment, the City not pay the dues. If the individual did not have outside employment, the City would pay the dues. Mayor Castleberry suggested paying half of the dues if the individual had outside employment. If not, the entire amount would be paid. Consensus of the Council was to pay half of the dues if the F individual had outside employment. If the individual were retired or not a practicing attorney, all of the dues would be paid. Mayor Castleberry asked about tl:e occupational tax. He felt that if the individual were a practicing attorney, he should pay his own occupational tax. ! Consensus of the Council was to not ~ pay for the occupational tax, Mayor Castleberry asked about the payment of a portion of the Denton County Bar Association dues. t Klinck stated that the City normally paid dues for one association. E~ z .A Age~daNo. 4~1 ~Zc~ 1 Ape~dauern.~c-~ City of Denton City Council Minutes 4111 d f~7 May 24, 1994 Page 10 Council Member Chew stated that as the Council was paying for the bar association dues, would that not be the one association dues which the City paid. Mayor Castleberry agreed. Consensus of the Council was to not pay for any of the Denton County Bar Association dues. Council Member Chew stated that the bar dues were neccasary to practice law and really was not considered dues. Consensus of the Council was to pay the dues for the Texas Municipal Court Association. Portugal stated that Question 5 dealt with the selection process of the part-Lime judge. Prior council discussion determined that the Council would have the Municipal Court Committee review the applicants and forward three for Council consideration. . s Mayor Castleberry summarized that the Subcommittee would handle i reviewing the applicants and bring a recommendation to the entire council. Consensus of the Council was that the subcommittee would rec-)amend three applicants to the entire Council. ~ Portugal stated that Question 6 dealt with advertising for the position. Council decided at the prior meeting to follow the procedures used by Human Resources for other City positions. Council Member Miller asked what the normal procedure was for considering individuals within the organization before going out- of-house. Klirck stated that it would be the discretion of Council whether to post the job internally or post it out-of-house. Normally special agreement individuals were contract employees and were not considered city employees. A contract employee could not apply for an in-house position. Council Member Miller asked if it were legal to first post the position in-house. City Attorney Drayovitch stated that the contract judges were not currently city employees. r ~ k f I S I j AAeet}aMo 4~cy~O~ZC?. li ABeodaftem~~~+~c Dated /-9!~_ I City of Denton City Council Minutes e111 0 fq7 May 24, 1994 Page 10 Council Member Chew stated that as the council was paying for the bar association dues, would that not be the one association dues which the City paid. Mayor Castleberry agreed. Consensus of the Council was to not pay for any of the Denton County Bar Association dues. Council Member Chew stated that the bar dues were necessary to practice law and really was not considered dues. Consensus of the council was to pay the dues for the Texas Municipal Court Association. Portugal stated that Question 5 dealt with the selection process of the part-time judge. Prior Council discussion determined that the Council would have the Municipal Court Committee review the applicants and forward three for Council consideration. E Mayor Castleberry summarized that the Subcommittee would handle reviewing the applicants and bring a recommendation to the entire Council. Consensus of the Council was that the Subcommittee would recommend three applicants to the entire council. f Portugal stated that Question 6 dealt with advertising for the position. Council decided at the prior meeting to follow tree procedures used by Human Resources for other City positions. Council Member Miller asked what the normal procedure was for considering individuals within the organization before going out- of-house. Klink stated that it would be the discretion of Council whether to post the job internally or post it out-of-house. Normally special agreement individuals were contract employees and were not considered city employees. A contract employee could not apply for an in-house position. Council Member Miller asked if it were legal to first post the position in-house. City Attorney Drayovitch stated that the contract judges were not currently city employees. i r j t i I ~e~riaNo u'P~c'f) Age~idalter~2 City of Denton City Council Minutes ~-=-z-~- May 2 1994 > Page 1 12 Klinck stated that the contract judges were appointed by Council. As the Council appointments were different from the City Manager appointments, the Council could define the selection process in any way it wanted. The contract judges and any assistant city attorney would be the only individuals who could apply in--house. Council Member Cott did not want to have any perception of wrong doing and suggested posting out-of-house. Council Member Chew felt that the position should be posted in- house as it was a legal position and any currrnt contract judge or assistant city attorney could apply for the position. IClinck suggested that the Subcommittee look at the internal applicants and if they had no recommendation to Council, the job could then be posted out-of-house. Mayor Castleberry suggested posting the position in-house first and then post out-of-house if there were no applicants. Council Member Perry felt the position should be posted out-of- house in ensure that there was no question regarding the position. Mayor Castleberry stated that the first proposal was to post the job internally and if there were no applicants, the job would be posted out.-of-house. Consensus of the Council was split with council Members Smith, Perry and Cott wanting to post out-of-house and Council Members Miller and Chew and Mayor Castleberry wanting to only post in- house. Mayor Castleberry stated that this item would be deferred until a later time. Portugal stated that Question 7 dealt with a judicial robe. The Council decided to provide a robe for a part-time judge and discussed but did not make a decision regarding robes for the contract judges. Consensus of the Council was to buy robes for all judges. °ortugal stated that question 8 dealt with term limitations for the judges. t City Attorney Drayovitch stated that Judge White had advised her of a statute which indicated that if' there was no term of office specified for a municipal judge, it would be the same as the term i r ae$ndaNa g4''OZO Agenda fter~~_~ bete A~ ~ City of Denton City Council Minutes May 24, 1994 Page 12 of office for the mayor which was two years. As a home rule city, the City could specify a different term. However, there was a constitutional limitation of going past two years. Mayor Castleberry asked if the Council wanted ors or two year terms. Council Member Smith suggested staggering the terms such as was done with the Council. I~ Council Member Perry asked if the chief judge would have a two year term. C,)uncil Member Smith replied yes and the part-time judge would start with a one year term and then have a two year term. City Attorney Drayovitch stated that that could be done with the appointment terms of the office. E Mayor Castleberry asked if the Council would like to stagger terms !E of office for the judges. Consensus of the Council was to stagger the terms of office. The chief judge would have a two year term and the part-time judge and contract judges would have staggered terms. 4. The Council received a report, held a discussion and gave staff direction regarding an In Fill Financing Policy. Lee Allison, Director of Electric Utilities, stated that there were a few areas in the City where there were no utility services. A policy had been developed which would follow the economic development policy. It would be funded with economic development funds and would not require any additional funds. The Public Utilities Board had requested that only the annual allocation, I $250,000 for water and $250,000 for wastewater be available in the ! third quarter. This would be available to any developer and would j have reduced qualification requirements. The developer would be required to pay for the first 500 feet of offsite improvements of i the size needed by the developer. Because the policy was promoting compact growth, the maximum footage would be 2500 feet of offsite improvements. There would be a preapproved list of six areas to develop and consider, a candidate list, neighborhood cooperation, a master plan, and marketing potential. ,r. Council Member Perry asked if the amount put into the plan was always left over from the budgeted amount. i 1 { AWdeNo ApWa4t Z Date City of Denton city council Minutes May 24, 1994 4707411/7 Page 19 Allison replied that the economic development policy allowed for $250,000 per year. Anything not spent at the end of the year went into a reserve of up to $1 million. This proposal was an amendment which used any unspent money of the annual allocation of $250,000 during the third quarter. Council Member Perry asked where Council was in the process. Allison replied that Council budgeted for the money on an annual basis. Council would determine the six preapproved sites and any eventual contract. Bob Nelson, Executive Director for Utilities, stated that the policy was intended to use any left over money from the original $250,000 for water and wastewater during the third quarter. As a result, there probably would not be any money left for a reserve fund. Currently there was approximately $1.7 million available as an obligation for use. ,E City Manager Harrell stated that if there were a big development, a large amount of the funds would be used. Consensus of the Council was to proceed with the proposal. 5. The Council received a report and held a discussion regarding various drainage projects. Lee Allison, Director of Water Utilities, presented a slide presentation regarding specific drainage complaints received during the CIP hearings. Most of the drainage problems were a result of the development of the area and not due to the city channels. With no further business, the meeting was adjourned at 8:50 p.m. 5. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY t CITY OF DENTON, TEXAS i. AOOO01D6 1 i ~i - - CITY COUNCI I Y I l j I . J ~r ~ o v s v r ` e le x ~ i Y nvz I . O 1(` 6olQ APONO Ap" 1617 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 762011 TELEPHONE (817) 566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: June 17, 1994 SUBJECT: Request For An Exception From the Noise Ordinance For the Aubrey Booster Club Until 11 P.M. On Friday, July 15, At the North Texas Fairgrounds 4 BACKGROUND: John R. Jones, representing the Aubrey Booster Club, has requested i that the City Council grant an exception to the noise ordinance for use of a loudspeaker for the purpose of conducting a benefit concert at the North Texas Fair Grounds, on Friday July 15, 1994, from 6 p.m. until 11:00 p.m. The noises ordinance amplifiers, and musical instruments anoise nuisances particularly after the hour of 10:00 p.m. (please see copy of ordinance attached). However, the ordinance states that the City Council may make exceptions when the public interest is served. The concert is sponsored by the Aubrey Booster Club and will benefit the athletic as well as the academic clubs of Aubrey. It expected that a current country music artist, Doug Supernaw, will perform that evening. The expected attendance is ~ approximately 2,500 to 3,000. In preparation for the concert, Mr. Jones ha!a worked very closely with representatives of the North Texas Fair Grounds and th-- Danton i Police Department to ensure orderly access to the site us well as II traffic control following the concert. The speakers will be positioned in such a manner as to broadcast to the southwest away from the neighborhood area. The Aubrey Booster Club has made a very concerted effort to conduct this event in a prudent manner through their planning and in consideration of all concerned (See I„ attached information sheet). i 280GRAM, D•P RTMENTS OR OROUPG nFFE p• Area merchants and residents. + y "Dedicated to Quality Service" i i Venda No q___._ Agendaltem FISCAL IMPACT- Date _~6-z'"2/ 2a f'7 None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, u 4OYCdIV. Harrell City Manager Prepared by: Jose Portugal E Assistant to the City Manager i ti ; AgandaNo Agondaite_ _ Date 3a 7,07 Chapter 20 NUISANCES• Art. I. In General, i14 20.1-20.30 A.A. 11. Abandoned Property, if 20.31-20.70 Div. 1. Generally, If 20-31-20-40 Div. 2. Motor Vehicles, 44 20.41-20.70 Art. M. Gran and Wee" If 2071-20.73 ARTICLE I. IN GENERAL Sec. 20.1. Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, dis- turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (bl It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persona of ordinary sensibilities. (c) The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10:00 p.m. and 7,00 a.rn„ as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen- sibilities in any dwelling, hotel or other type or residence; ~i 1 (2) The use of any stationary loudspeaker, amplifier or musical instrument in n*zh mariner or with such volume as to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7:00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the city council may make exceptions upon application when the public intemst will be served thereby; (3) The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud Or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger, between the hours of 7:00 am. and 8:30 p.m.,.Monday through 141 t me other erction, -Crow refereneea-Protected migratory bird roosts declared ruisenee, 4 "7; inspection and abatement warrants, 1 19.86 at seq.; Insect and rodent control in mobile home and rec. , reational vehicle parks, 132-91. Supp. No.1 1389 i ' yeti . ~gen0af~o q~~ Apendafte Date 3a,~7 Chapter 20 NUISANCES' Art. 1. In General, if 20.1-20.30 Art. 11. Abandoned Property, if 20.31-20:0 Div. 1. Generally, 44 20.31-20.40 Div. 2. Motor Vehicles, 44 20.41-20-70 Art. III. Grass and Weeds, It 2071-20.73 ARTICLE I. IN GENERAL See. 201. Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, dis• turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration ac to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: i1) The orb with such volume, particularly between the hours of 10:00 p.m. and 7 00 or any phonograph, television, a.m„ as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen• sibilities in any dwelling, hotel or other type or residence; (2) The use of any stationary loudspeaker. amplifier or musical instrument in such manner { J or with such volume as to annoy or disturb persona of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7:00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the city council may make exceptions upon application when the public interest will be served thereby; (3) The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger, (4) The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7:00 am. and 8:30 p.rn., Monday through •Croas references-Protected migratory bird roosts declared nuisance, 4 8.87; inspection and abatement warrants, 119-86 et seq.; insect and rodent control in mobile home and rec. , reational vehicle perks, 132-91. Supp. No.1 1389 i I 1 I i i I I AgendaNo Aoendalte. g § 20.1 DENTON CODE Date - 21-~ yoIrl Saturday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; (5) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con• tainers; (6) The use many drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, We of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966, if 14.20, 14.21) Cross reference-Animal noise, ii 6.26. Sec. 20.9. Odors. (a) it shad be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. AIN (c) The following acts or conditions, among others, are declared to be odor nuisances In violation of this Code, but such enumeration shell not be deemed to be exclusive: (1) Offensive odors from cow iota, hog pens, fowl coops and other similar places where 4 animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors Prom privies and other similar places; (3) Offensive odors from the use or possession of chemicals or from industrial protease, or activitim which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, offsI or dead animals on any premises. (Code 1966, If 14-22, 14-23) ' Bea 20.3. Garbage, trwb and rubbish nulsances-Generally, (a) Storing or peeping garbage, ruih and rubbish. The storing or keeping of any and all stacks, heaps or piles of old lumber, refuse, junk, old can or machinery or parts thereof, garbage, trash, rubblab, scrap material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street supp. No. 1 1390 I j ti i ' i e AgendaNo ~/-D _ Agendalte`r 4 20.1 DENTON CODE [ate yo~'7 Saturday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safet and convenience; y (5) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con• tainers; (6) The use of any drum, loudEpeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, we of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966, 4¢ 14.20, 14-21) Cross reference-Animal noise, 16.26. Sec. 20.9, Odors. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable Alt enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from prudes and other similar places; JI i (3) Offensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or i other things or substances; (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refim, offal or dead animals on any premises. (Code 1966, #1124-22, 14.23) See. 20.9. Garbage, trash and rubbish nuisances_Genprally. (a) Storing or keeping gorboge, trash and rubbish. The storing or keeping of any and all stacks, beaps or piles of old lumber, refuse, junk, old can or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street 8upp,No.3 1390 i j i 1 - -I VU , fry • -,G f Q AgWa No, A4endatro o3te.~- AUBREYBOOSTER CLUB rr-_.... ge107 415 TISDELL AUBREY, TEXAS 76227 I r Denton City Council 215 East McKinney St, Denton, Texas 76201.4229 To Member of the Denton City Council: Aubrey Booster Club respectively requests an exemption for the use of a loudspeaker for the purpose of conducting a berefit concert at the North Texas Fair Grounds. The concert is to be held July 15, 1994 and will be over by 12:00 Midnight of that night. The location is 2217 North Carroll Boulevard, North Texas State Fairgrounds. This concert will benefit the athletic as well as the academic clubs of Aubrey, and will draw country music fans from all over the North Texas Area. Thank you for your consideration. i Sincerely, ,f hn R, Jones QPR. Jones Aubrey Booster Club 415 Tisdell Aubrey, Tx 76227 817-365.2042 (W) 817.365-2927(H) i i r aigendaNo. u~ Agewalt S 3 ~ Date b --~l-C~lJ DOUG SUPERNAW BENEFIT CONCERT `Q JULY 15TH 7:30 PM DENTON COUNTY FAIRGROUNDS INFORMATION SHEET EXPECTED ATTENDANCE: 2500.3000 TICKET REQUESTS HAVE COME IN FROM SULFUR OKLA, OKLAHOMA CITY, OKLA., ARDMORE, OKLA, BEAUMONT. TX., AUSTIN, TX., AND OTHERS TIME OF EVENT: GATES WILL OPEN AT 6.%PM AND THE CONCERT SHOULD END AT APPROXIMATELY 10:30 PM. THE VARIANCE REQUEST SHOULD BE AMENDED FROM 12 MIDNIGHT TO 10:I5PM. TO ALLOW FOR ANY DELAYS, a ADVERTISEMENT: THE DENTON RECGRO CHRONICLE 0 Rtr 7NING ADS AT THE MOMENT. KOA RADIO IN GAINESVL LE-ARDMORE IS PROMOTING AM YOUNG OOUNTRY AND KSCS RADIO HAVE BEEN INVITED TO HELP PROMOTE ALSO. THE TWO LOCAL AREA KROGER STORES AND THE PILOT POINT NATIONAd. BANK AND ITS THREE BRANCHES, THE AUBREY BANK, AND THE TWO DEMON BANKS ARE TICKET OUTLETS THE TWO AREA KROGER STORES IN LEWISVILLE ARE ALSO TICKET OUTLETS. SECURITY, TRAFFIC CONTROL AND PARKING: THE RESERVE OFFICERS ASSOCIATION HAS BEEN CONTRACTED TO HANDLE SECURITY, TRAFFIC AND PPAXING. OVERFLOW PARKING IF NECESSARY CAN BE HANDLEO IN THE LOT TO THE NORTH OF THE FAIRGROUNDS OWNED BY MR, MC NATT WHO HAS GIVEN PERNIWON FOR lkSE. FIRST A10: THE RED CROSS HAS AGREED TO STAFF A FIRST AID STATION AT THE EVENT. -J ENVIRONMENTAL CONCERNS TRASH AND CLEANUP: THIS IS THE RESPONSIBILITY OF THE AUBREY BOOSTER CLUB, WHO HAVE PAID STAFF TO DO THIS. SOUND: THE ATTACHED MAP OF PARKING WILL SHOW THE CONFIGURATION, DESIGN AND SET UP OF THE STAGE TO MINIMIZE SOUND COMPLAINTS. THIS IS A COUNTRY AND WESTERN CONCERT WHICH IS NOT QUITE AS ANNOYING A OTHER FORMS OF OOWERT MUSIC MAYBE. FIRE: THE BOOSTER CLUB WILL HAVE FIRE EXTENGUfSHERS IN EACH CONCESSIONS STAND TO BE USED IN CASE OF A GRASS FIRE ALSO MOSILE PHONES WILL BE AVAILABLE AS WELL AS Q*CURfTY TO CALL FOR ANY FURTHER NEEDED EMERGENCY SERVICES. i 1 r. LLB. 3 r' 1 I I~ E • METAL - FAIR 0 ~ HALL BLDG RODEO ARENA i LIVESTOCK AREA FAIR ci Q I OFFICE m MISC. BOOTH AREA [i I 'ffi ALE ~I I IT AREA (X I.200 - A R IVAL EXHIB C 3 ~R ~A, a CHILI U 1 I,I I! OOKOFF E _ AREA 0 100 ~,TITITTTf1 _ - _ GRAPHIC SC -ITUTITMrill 931 PARKING SPACES I i XITY:,~ COUNCI 4 4 A i O to e i r rOM t`lie- III j i; i DATE: June 21, 1994 N0 ICJ a) $FPQRT Gill TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: AMEND A PORTION OF PLANNED DEVELOPMENT NO. 72 BY ADOPTING A DETAILED PLAN FOR 14.461 ACRES i R£COMMENnnTIt?N: (See attached report.) SUMMARY: E t (See attached report.) BACKGROUND { (See attached report.) PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: None. FISCAL IMPACT: None, with this case. r Respectfully submitted, Prepared Lloyd V. Harren, C Y Manager by: I~ G. Oven Yost, ASLA Urban Planner Approved by: 1 frank H. Robbins, AICP Executive Director of Planning and Development AXXO SDE i , i P'Yn fl 1 1 A Age~daN Date '2 " P&Z REPORT Z@~~ Tot Mayor and Members of th, City Council Case No.: Z-94-009 Meeting Dater June 21, 1994 GENERAL INFORMATION Applicant: Heritage Land 6 Development Co. re: Cooper Landing 2220 San Jacinto, Ste. 3~S0 Denton, TX 76205 Current Ovners Cooper Glen, Ltd. (Heritage and Rick Moore Homes) Requested Actions Amend a portion of Planned Development t No. 72 by adopting a Detailed Plan, cre- ating 55 residential lots at a density of 3.8 dwelling units per acre. Location and Sizes 14.461 acres, located on the north and east sides of Bell Avenue, between Wind- sor Dr. and Locust St. surrounding Land Use and zonings North - Residential use in PD zoning; flood plain land. South - Strickland School, in A zonings scattered residential use in PD-72; and multi-family use on PD zon.ng. East - Residential use in SF-7 and two PD districts. West - Scattered residential use in PD zoning; and Evers Park in PD zoning. Denton Development Plant F Low intensity area. (No. 26) 9. 1 r. e AaMdMa. Agewaltei SPECIAL INFORMATION D31e - -go, Transportations ~=Z The existing street (Bell Ave.) in a 60 foot right-of-way will be utilized. In addition, the developer plans several local/residentiTl streets as shown. Concrete sidewalks will be cons ructed on both sides of all streets as required. utilitiest Water service will be via new lines, from existing 12 inch water lines in Locust Street and Windsor Drive. Existing fire hydrants will be relocated as necessary, to place them according to regulation. Sewer service will be via proposed lines connecting to an existing 12 inch sanitary sewer, with associated man- holes. Electric service will to underground at no charge to the customer. Approximately six street lights will be necessary, with an additional three being relocated. Drainaget The drainage study has been completed. Storm drainage will be handled via an underground pipe system paid for by the developer. I HISTORY The current zoning of the site is Planned Development No. 72 which was instituted through Ord. 84-50, by Concept Plan, in 1984 (attachment 1). Prior to that, the land was zoned A. Several portions of PD-72 have been revised, and the Planned Development amended, since 1984, although none directly affect the subject site. According to the 1984 site plan, the subject site was named as section III (having fourplex units on 7.03 acres), and Section V (82 garden homes on 7.43 acres). The property is being platted, as well as bting and building permits will later be requested formally, at that time it is requested that the applicant contrib- ute to the City's Park Fund. In this casE•, the owner is donating approximately 9t, acres of undeveloped land directly to the north, as well as refurbishing an ~I s AgendaNo q Agendai;§V1-qWe114 Dale e existing footbridge, providing maintenancerand cons ruct- ing a trail. Final details of this property transfer axe being worked out at this writing. NOTIFICATION: ite Forty-four property owners within 200 feet To of the five were notified of the zoning proposal. replies have been received in favor of tho proposal and one in opposition. ANALYSIS The current zoning, according to the 1984 concept Plan, I utilizes 1,940 intensity trips, based on the then- ti proposed residential uses. This was arrivedwhich % the original land use plan (attachment 1), E12 garden homes and intensity trips perunit) ron the subject site. at 10 2 The proposal is for 55 residential lots on 14.461 acres. Which, in a low intensity area utilizes 10 trips per unit, according to the Denton Development Plan. So, the proposal utilizes 550 intensity trips (55 x 10). Thus, the proposal intensity trips from what was represents for the study area (No. 26~. i { RECOMMENDATION otthe herr in policies einCommission tensity trips, recommends coupled with adheren ce to of of the Denton Development Plan. ALTERNATIVES 1. Approve application. 2. Approve application with conditions. 3. Deny application. 4. Postpone consideration. P E d 1 ;r J rl:' 4 ApendaNo Apendalte ~t9 r ATTACHMENTB_ 1. Location map, 2. Proposed, amended Detailed Plan. 3. Development standards for Cooper Landing. 4. Original PD-72 site plan. 5. P&2 minutes. 6. Draft ordinance. f i. f j a 1 AIXXDVM !•I Y Y S r! ✓it r • r 2? E r 1 i i i t t ~pendaNa. Q~~ - Age(Ut 5 'S ATTACHEMNT 1 Date f~9y I Cooper Landing Section Three 6 W19 NORTH ~O~P 2Q i N V j Hercules o J S z ~ ~I lndsor ~ `~/~1 v (a / i F r 4 Location Map Dates 5/12/94 Scale: None i; 1 L ~ r ApWNo ATTACHMENT 2 Agewall eS Wa ~ -9~ Cooper Lauding Section Three y~ NORTH tea \ i I \ \ ti I C•~r ~~~yr y,y 0= C. M 4...M1 NNIN Or NN/~f r• \ \ ` IF SOUL F 1 1 {I+) ' t ` I Ltli( 1T5 Oa ' 1 r r r ~1~ . 7 N ~ C ~15J M Aw r j I~aMTi iiZwTl -'T' • r ' rr e I d { I ~w~l • rr rI rT1{ !~I 1/ ir.~ ~i i I / • y r 1 {P 'Il 31 ~jL~ • {T 1 { t 1 11 r 44 •N\ M 43 I's 0 rrr rn. .0 1 ' t i! r l sr _ 1.- bl.r LMI 1 1 10 1 1 rld Proposed Amended Detail Plan Date: 6/9!94 Scale: None r t s t { ~~+oaNo. 9y ~enQait D fle -Z ATTACHMENT 3 S o~~9 DEVELOPMENT STANDARDS FOR COOPER LANDING • Minimum Dimensional Requirements: Lot Area 7,000 Square Feet Lot Width 50' at Front Building Line Front Yard 251 Building Line Side Yard 5' at Interior Lot Lines and 15' at Corner Lot Lines Rear Yard 10, • Maximum Intensity Limits: Building Height 2 Story Building Coverage 403 of Lot Area Parking Standards (N/A) • PERMITTED USE: DETACHED SINGLE FAMILY for the entire E 14.461 acres. ! j Landscaping will be provided by individual home builders and home owners. Landscaping standards are not proposed as part of the rezoning proposal. • New sidewalks will be constructed along the Bell Avenue frontage adjacent to the 14.461 acres and along both sides of all interior streets. A 101 wide Pedestrian Access Right-of-Way will be dedicated along the west side of Lot 12. A new 41 wide concrete sidewalk will be constructed j through the entire right-of-way. Structures, fences and r/ ether obstructions are prohibited within the 10' wide Pedestrian access right-of-way. • Lots 1-9 face Balboa Court. Lots 10-20 and 51-55 face Bell Avenue. Lots 21-28 and 36-50 face Lido Lane. Lots 29-35 f face Ashley Court. The driveway to each lot must access the street it faces. sri WNW Z ge 00, Q41-626 Apeadahem -s ATTAC}IMENT 4 ate +l /_Q~/ Cooper Landing Section Three 9c-/ J NORTH MNYIII "'I ~ 111 M N41 \ K MI NIM hMN ~ 1 NMT M NrM NiY 1 ! ' I ~ Mllp~/ fuKt d 11.11 M~ ~~Ii1M . e WOO 8000 WAT/4094 IV AN VA" 1101111 IM/1/~YRI 111Y~ IMII Y.r M . rpm ~ 111 MIN 11 M~-4M r 1 IM/IM 411 11111 , rlg n al Concept Plan (PD-72) Dote: S1 "4 &siv None j 4 , y i w ApendaNQ. Ap fld=,c TACtiMENT 5 Date----L A'P Minutes P6Z Commission l00/Y9 May 25, 1994 Page 4 think the fiscal impact of that annexation would be much greater. We hake where we is the subdivision oregulation careful c nabout trol that. ~ there The water and wastewater authority. There wasn't any need to annex people and essentially have them pay us for stuff they don't perceive they are getting when they get annexed. Mr. Engelbrecht: The city in this case is the petitioner, so we have heard from the petitioner as well. Is there anyone present who would like to speak in favor or in opposition to this petition. The public hearing is closed. Mr. Persaud any further comments? Mr. Persaud: Staff is recommending that you forward a favor- able recommendation to city council. Mr. Englebrechts Has anyone in the area of proposed annex- ation objected to the annexation in the public hearings? M:. Persaud: There has been two public hearings before the city council on this annexation. As you have directed us in the past, though not required by state law, we did send courtesy letters to all of the property owners within the area to be annexed. Those letters were sent before the public hearings were held at the city council. I have gotten a call future have any that he was from kind of espland eculating owner, abhia out didn't We haven't gotten any written or oral objections from people in that area. Mr. Norton; I move that we approve case MA-65. Ms. Russell: I second the motion. Mr. Englebrechts I has been moved and secondad to recommend approval to the city council. Motion carries 6-0. III. Cooper Landing a. Hold a public hearing to consider an amendment to Planned Development No. 72 by revising the Detailed Plan of a portion of Cooper Landing. The 14.461 acre site is located on the north and east sides of Bell Avenue, east of Locust Street. i f a VandaNo. AgVAROM Oate Minutes p&Z commission o rel9 May 25, 1994 Page 5 Mrs Yost: This land is owned by Cooper Glen Limited, This is a partnership between Heritage Development and Rick Moore Homes. It is in a low intensity area. The water and sewer show up on the final plat. This question isalined with garden homes development t duin 1984. The plex/ fou plex. part This d would have allowed for 194 homes. The proposal before you homes. allows for 55 family homes with tho average around detail 10,000 square shows single mostly along Bell. The storm drainage will be handled by an underground pipe paid for by the developer. There is a small area of floodplain, the revision of the floodplain will be processed and we hope it will be accepted prior to final approval of the subdivi- sion. Several amendments to planned development 72 have been processed from 1984 until now. None however, directly affect the site. Normally during the platting, a developer is asked if he would or a fee park atluntthearitilmy contribute of platting ar During this case, lit is unique land that the developer will voluntarily give the portion in going yellow. e paid for, what the Improvements bnegotiations are nts will be, and cetc. {i The land shown in yellow is mostly floodplain. There is a bridge across the creek. That bridge is in somewhat question- able shape right now. The developer will fix up that bridge prior to acceptance. There were 44 property owners within 200 feet, they were sent notice of this proposed amendment. So far, we have received 4 in favor, I opposed. The staff recommends approval of both the zoning :ase Z-94-909 and the primary plat. Ms. Russell: When given land for a park, do they have to incur some expense to do anything to thtt land? Mr. Yost: It varies with each parcel of land. In this case, be negotiating prior w to with ththo is park developer the Parks what i nation. mprovements e will is Ms. Russell: Are there no requirements? 0 Mr. Yost: No, there are no written requirements. l of liability, will by as parate instrument, convey the property o` t t ~endaNo ~/7'~D Ageadalls S. Minutes P52 Commission (Me (P ~2~ L1 May 25, Page 6 1994 Zdip `ll to the city for park purposes. The Parks Department and the City only accept those that are to the benefit of the city. Many times we will reject a dedication because it will be more expensive to the city to maintain it and it will not be useable to us. There is a lot of property conveyed to us, but we don't accept all of it. Mr. YOSt: Currently, the Parks Department is negotiating as to what improvements will be made. The applicant is putting together at proposal that he will talk with the Parks Depart- ment about. Mr. Engelbrecht: What is the range of lot sizes? Mr. Yost: It averages around the SF10 type. Mr. Burke: The minimum is 7,000 and the maximum is about 11,000. Mr. Engelbrechti I think these mixed lot sizes are a better way to go than one size throughout. Is that a pedestrian easement on lot 127 I Mr. Yost: It is a right of way. There will be a sidewalk in there that will be maintained by the city. It will allow access from the bridge to the sidewalk along bell. Mr. En elbrecht: 9 Will the sidewalk be finished to the bridge. Is that one of the negotiation point? Mr. Yost: Yes. Mr. Engelbrecht: Do we have any other pedestrian right of ways like this? Mr. Yost: Not to my knowledge. Mr. Yost: The thinking here in making it a right of way versus an easement would b6 that the city would maintain it instead of the owner of the addition or lot. Mr. Engelbrecht: My concern is that we would have pedestrians betwo3n Tomes instead of in front of them. This is a differ- ent coi,ocpt for Denton. Mr. Yost: Your right, it is a different concept. Right now, it is mainly school kids. DRAFT i t I i I -09da No Agendaltero S Minutes P&2 Commission Dale !P 2~ y May 25, 1954 rZ~~p Page 6 ' to the city for park purposes. The Parks Department and the City only accept those that are to the benefit of the city. Many times we will reject a dedication because it will be more expensive to the city to maintain it and it will not be useable to us. There is a lot of property conveyed to us, but we don't accept all of it. M r. Yost: Currently, the Parks Department is negotiating as to what togetheriapproposalsthatlheewillmade talkhwithapplicant Parks putting epart- ment about. Mr. Engelbrecht: what is the range of lot sizes? Mr. Yost: It averages around the SF10 type. Mr. Burke: The minimum is 7,000 and the maximum is about 11,000. Mr. Engelbrecht: I think these mixed lot sizes are a better way to go than one size throughout. Is that a pedestrian easement on lot 12? f Mr. Yost: It is a right of way. There will be a sidewalk in there that will be maintained by the city. it will allow access from the bridge to the sidewalk along bell. Mr. Engelbrecht: Will the sidewalk be finished to the bridge. Is that one of the negotiation point? Mr. Yost: Yes. Mr. Engelbrecht: Do we have any other pedestrian right of ways like this? Mr. Yost: Not to my knowledge. Mr. versus san easement iwould be here in thmakin e cityiwould maintain wit instead of the owner of the addition or lot. Mr. Engelbrecht: My concern is that w3 would have pedestrians between homes instead of in front of them. This is a differ- ent concept for Denton. Mr. Yosti Your right, it is a different concept. Right now, it is mainly school kids. DRAFT I i C Agendat~o, ~ Agendali s Date 1K Minutes Pit Commission 3 0 {j9 May 25, 1991 Page 7 Mr. Engelbrecht: When you cross the bridge, do we have the right to go into the other neighborhood? Mr. Yost: The bridge will be part of the dedication. Directly north of that is the Cooper Glen subdivision. what area would funnel into a drainage easement / alley. Mr. Engelbrecht: Is the other side going to go into the alley on the backside of that addition? Mr. Yost: Yes. Mr. Engelbrecht: Is there no alleyway onto the streets of that addition? Mr. Yost: The alleyway goes directly into the street. If peoplA wouldn't use that as a path, thay could walk from the bridge to the park land through the alley, then into Cooper Glen itself. Mr. Engelbrecht: I wasn't sure where the alleyway meets the street. I see it potentially creating a situation where somebody over in Coopers Glen is going to find children walking through their yard. There is no particular alignment for a right of way on the far side of the bridge. I think it is a great idea on this side. If we are going to do this sort of thing, lets make sure we are tying it into all of the neighborhoods and it works all the way across. Mr. Cochran: Even it it only serves to get it to the public area it is still a good thing. Even if it doesn't necessarily lead to the other subdivision, it still leads to the other side of the creek ~vhich would be a park. It will still have some positive function. Ms. Russell: At such time the other land is developed, probably they will look at this and say it would make sense to go on and do that. Mr. Yost: It is already developed and platted. There are some houses, it is about half developed right now. Mr. Ro`,bins: Are there houses on the south side of that alley platted? It's floodplain i•.o the alley, but there is no right of way or easement in that floodplain. They won't be walking between somebodies yard, they will go to the alley. Now, when they get to the alley, where do they go? DRAFT t gendaNa ~ ~ ~gendal,em Minutes Pit Commission }ate .2~ ~y O, May 25, 1991 Page 8 Mr. Engelbracht: Is the petitioner or petitioners representa- tive present? Brian Burke. 1318 auburn, Denton, Texas 76201. i This is a project that we began in late 1983 with Denton savings Association. We are pretty ambitious wits zoning. We are decreasing zoning intensity on this portion from garden home and fourplex at 9 1/2 units per acres to 3.8 for detact-dd single family. It was a tough piece of ground to plan, and I ` think the plan turned out reasonably well. Everything is pretty straight forward in terms of there is a large sanitary sewer along the floodplaira, we drain directly to it. We will run storm drain pipes out to the northwest cul de sac, it runs directly to the floodplain. Leo Way, the 90 degree bend, runs out to the flood plain. In the south cul de sac, we are going to put in (`.inlet and pipe and tie into an existing storm drain that comes down to Windsor. Water is direct connections to the system. This was a wheat field for years. It was a ve)Ly wide shallow flood plain. Improvements here and immediately down stream narrowed the floodplain. Where it contracts, Locust is more or less a dam. The flow contracts as it comes over Locust. You can see the delineation of cross lots 1-5. Ms. Flemming: It says sidewalks will be built on all streets as needed. What specifies need' Mr. Burke: We will build sidewalks on both sides of Ashley Courts, Leo Way, and the little short Balboa Circle. Ms. Flemming: Sidewalks will be built on all streets. Mr. Berke: Both sides of those plus the frontage of Boll Avenue all the way arouni. Mr. Engelbrecht: Is there anyone present who would like to 4 speak in favor or in opposition to this petition. If there is no opposition, the public hearing is close. Mr. Post: The staff does recommend approval of Z-94-009. The Development Review Committee does recommend approval of the preliminary plat. Mr. Engelbrocht: As I mentioned, these are two separate items, we will need to consider them separately. Item A is with regard to the planned development. ComnJo sioners are Li J F f r ff 9 I VeWaNo AgefldaSSem_ Date Minutes PiZ Commission l p / May 25, 1994 Page 9 there any comments or a motion. Mr. Cochran: I move that we approve Z-94-009. Mr. Cooper: I second the motion. Mr. Engelbrecht: It has been moved and seconded to recommend approval. Is there any discussion. Motion carries unanimous- ly 6-0. b. Consider the preliminary plat of Lots 1-55, Block A of the Cooper Landing, Section III. The 14.461 a:re tract is located on the north and east sides of Sell Avenue, east of Locust Street. Ms. Russell: I move for approval of the preliminary plat of lots 1-55, Block A of Cooper Landing, Section 3. Mr. Cooper: I second the motion. Mr. Engelbrecht: It has been moved and seconded to recommend approval. All in favor? Motion carries unanimously 6-o. IV. Consider issuing a platting certificate in accordance with Section 212.015, Local Government Code. The request is to determine if platting is required for a 92.172 acre r tract located at the intersection of Bonnie Brae and US )77. J Staff Report given by Frank Robbins: The local government code has a provision in Section 212.9115. r We have received request for determination if a plat is required under this subchapter. This is a parcel of land that the staff became familiar with in 1992 when a document labeled ` "Preliminary Plat" was filed. The preliminary plat went through the Development Review Committee process. The applicant at that time never processed the plat further after the meetings with the Development Review Committee and individuals on the staff. We know the property was subdivid- ed. The property owned in one 92 plus acre area has been sold to a number of other individuals. We don't believe that subdivision occurred according to this layout. We are told that there may be a layout of 20 lots. In the issue before, it asks does that subdivision require platting? The state law between 1992 and 1994 is a little different. We believe the subdivision began to be subdivided I!. i . F 4 SNe. y © O ei\wpdoc@\ord\eooprlan.ord Ve, Date it j Late ATTACHMENT 6 f b a /I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN FOR 14.461 ACRES OF LAND SITUATED WITHIN A PORTION OF PLANNED DEVELOPMENT N0. 72 LOCATED NORTH AND EAST OF BELL AVENUE BETWEEN NORTH LOCUST STREET AND WINDSOR DRIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Heritage Land 6 Development, Inc. has applied for an amendment to Planned Development (PD) No. 72, as defined by ordi- nance No. 84-50, with respect to 14.461 acres located therein, and more particularly described in Exhibit A, authorizing development in a manner consistent with the detail plan attached as Exhibit B; and WHEREAS, on May 250 1994 the Planning and Zoning Commission, after a public hearing, recommended approval of the requested changes; and WHEREAS, the City Council finds that the proposed amendments will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ¢ECTION I. That Ordinance No. 84-50 (PD No. 72), providing approval of a planned development zoning district classification and use designation for 127.484 acres of land, is hereby amended with respect to 14.461 acres located therein, more particularly described in the legal description attached hereto and incorporated herein as Exhibit R. by adopting the detail plan, attached hereto and incorporated herein as Exhibit B for all purposes. SECTION II. That the provisions of this ordinance as they apply to the 14.461 acres described by Exhibit A govern and control over any conflicting provision of Ordinance No. 84-50, but all the provisions of ordinance No. 84-50 as they apply to that remaining portion of the PD zoning district classification and use designa- tion not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION III. That a copy of this ordinance shall be attached to Ordinance No. 84-50, showing the amendment herein approved. 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. -17 1 Y ' . Wqv- Date. 17 009 CION V. That this ordinance shall become e:fective Mao (1A) ays from the date of its passage# and the City secretary is hereby directed to cause the caption of this official to be published twice the Denton Re within ten (lo) days of the newspaper of the City of date of its passage, day of 1996. PASSED AND APPROVED this the - 808 C SA TLEBE AYr MAYOR ll i ATTEST: JENNIFER WALTERS# CITY ST3CRETARY BYs APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCNr CITY ATTORNEY l ~c BYt `t ef~ I r.. ~ y PAGE 2 Heritage Land and Development Company, Inc. of Denton, Texas is the owner requesting a zoning change for all '.hat certain tract of land situated in the B.B.B. i C.R.R. Co. S"rvey, Abstract Number 186 in the City and County of Denton, Texas; the subject tract being part of a called 123(352 acre tract described in the Deed from Jesse Newton Rayzor, et all to Windsor Park Development as recorded in Volume 1342, Page 203 of the Deed Records of Denton County; Texas; the subject tract being more particularly described as follows% BEGINNING for the southwest corner of Cooper Landing, Section Three, at an iron rod found in the North line of Windsor Drive right-of-way, being also in the east line of Bell Avenue right- of-way and the South line of the•said 129.352 acre tract, being also the same point as the southeast corner of COOPER LANDING, SECTION FOUR; L THENCE northwesterly along the circular arc of a curve td the ' left forming the easterly right-of-way line of Bell Avenue, through a central angle of 88 Degrees 50 Minutes 53 Seconds, having; a radius of 1,258.70 feet, an arc length of 1,951.86 feet, and a chord bearing North 44 Degrees 05 Minutes 47 Seconds west a distance of 1,762.09 feet, to a point in the north right-of-way of Bell Avenue; THENCE continuing along the north right-of-way of Bell Avenue East rightcofa way line ofsNtance orth oLocust.85 North ea point Degrees in l the Minutes feet to Street (F.H. 2164), said point being also the northwest corner of COOPER LANDING, SECTION FOUR; THENCE Northward along the east right-of-way of North Locust Street North 1 Degree 28 Minutes 58 Seconds East a distance of 408.11 feet, to a point in the east right-of-way line of North i Locust Streeti sPERdGpointS being also the southwest corner of LOT 1, BLACK 1, Minutes along 11 Seconds East line a distance said of 567.04 South feet 5 to Degrees anr angle5 point; continued - i . '1 ~gandaNo. 9~ ~ ~gendal -S >Hte rkaf+~ , r a Y VendaND 9~d Agendallem 5' S• Date THENCE continuing along the south line of said LOT 11 Sout G 9/9 Degrees 39 Minutes 46 Seconds East a distance of 923.24 feet to a point in the west line of THE VILLAGE, PHASE TWO, said point being also the southeast corner of@LOT 1, BLOCK 1, COOPER GLEN, SECTION ONE; THENCE along the west l:ne of THE VILLAGE, PHASE TWO, South 01 Degree 18 Minutes 37 Seconds Hest a distance of 193.3< teat to a,~ point for.corner; THENCE.South 88 Degrees 02 Minutes 08 Seconds East a distance of` 312.311 feet to a point for corner; THENCE. South 1. Degree 00 Minutes 58 Seconds West 1,026.31 feet to a point for the southeast' corner of the tract being described. herein; said point being also i6.the north right-of-way line of Windsor Drive, and being also the southwest corner of THE ' VILLAGE, PHASE FOUR; ' THENCE along the north right-of=way of Windsor Drive North 89 Degrees 40 Minutes 29 Seconds West a distance of 136.40 feet, to the POINT OF BEGINNING, enclosing 14.461 Acres of land4 1 l I 5Y' j H pTY~ 2L IN CIT'Y~= ~COUNCI I FF 4441-1 1.. IF 1. 1 1. IF' Hill r ~ s e t I ~Q6oQaNO. O AO ~ Apsada3t / Ode -a/-9 DATE: June 21, 1994 REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY PLAT OF LOTS 1-55, BLOCK A OF THE COOPER LANDING ADDITION. RECOMMENDATION: The Planning and Zoning commission recommends approval. SUMMARY: l; The 14.461 acre site is located north and east of Bell Avenue, between Windsor Dr. and Locust St. only eight driveways will access Bell Avenue directly. All but one will be shared, and will be twenty feet wide. The subject site is currently undeveloped, except for Pall Avenue itself. Fifty-five single family lots are proposed with a minimum of 7000 sq. ft. per lot. Public Improvements include road paving, water lines, sewer lines, sidewalks, firs hydrants and street lights. These will be identified on the final plat. BACKGROUND: The property has never been platted. It is in a Planned Development zoning district (PD-72), an amendment to which would allow the proposed use. None of this property is being dedicated according to the voluntary park dedication policy. However, the Park Department and the applicant are working out the final details of the City's assu.ning ownership of approximately 9~ acres of vacant land directly to the north. (attachment 3). This will be the subject of a City-initiated zoning amendment at a later date. Services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available or planned for. The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of ordinances. .4 r 9 I A wdaNo Au Agendalt Date ~O pgOGR MS DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: None. Respectfully submitted, Lod Ha rell, City Manager { Prepared by, G. Owen Yost, ASLA Urban Planner Approved by, Mink H. Robbins AICP k Executive Direct r of i Planning Development { t i i ATTACHMENTS: 1. Location map. 2. Preliminary plat. 3. Cooper Glen, Sec. I. 4. P62 minutes of May 25, 1994. AXXOOSOC i1 YI i~ 1 VmdaNo. Q ATTACHMENT 1 Ageldalt Cooper Landing Section Three Dale 3c~ 6 NORTH 8 004 28 N U p Hercules 0 J S E 2 • L - Indsor f co rKe-0 Location Map Date: 5/12194 Scale: None f ,1 k R 4 ~pt►ndaMo. ATTACHEMNT z aAendaft~L Cooper Landing Section Three Dote NORTH 1 t {'•••~S 11 RM'~ t•ww {M3/••1nL0+• h•Nr touq {n,u 0•• r itw- \vl " p~~ /w ,ri.., } 1 X50. w \ Q. .7.) { 110 f a gay \t° w y~r1 .1 re 1/ ~j j. )3l /Z WWI 1•luw ~ r}n \ 31 )t rwr ~ I. f 431. ♦ ur s{' 4j1/.ti r t. i L 1 cH` , . 1' 3 a 1 { I. {t i Y•r 64 i L , I• Preliminary Plat Datr 5118/94 Scale: None ;i No. ~/Q2 Venda ATTACHMENT 3 Aganda~t ScG Cooper Glen Section One NORTH r 11 M I r l f+1! N tb ,t• i I~ COOPER GROSSING L v~i t~ " T t• : ` f FIRST SECTION •1 so L Poo JIM O f \h~~ d 4 r r+ 30 is, f~~~, ~1f' Ill•lull0lf Ylll,l/ 11 Yr ~ l+t+Y 2; 4 •,r. • silo I•C1 • • 1 f COOPER GLEN ♦ SECTION ONE v LOT I , BLOCK N All? IC Y V , flf, •Q +tr 1 Ifllf , Io• 0/t■ \ 1•••«~,Y f/ Iq PI a Dll~+i/l Pif Y1 •T, ~ FLrr Jltk I jj Nllp rr~l1 IF i4 /if , r+ B E L L r. i 1 ~ 41 1111111110 I i 1 'J n .Y M l ~ I ,t ver4aNo ATTACHMENT 4 Agendalt we Minutes Pit Commission May 25, 1994 (//O Page 9 there any comments or a motion. Mr. Cochran: I move that we approve 2-94-009. Mr. Cooper: i second the motion. Mr. Engelbrecht: It has been moved and seconded to recommend approval. Is there any discussion. Motion carries unanimous- ly 6-0. b. Consider the preliminary plat of Lots 1-55, Block A of the Cooper Landing, Section III. The 14.461 acre tract is located on the north and east sides of Bell Avenue, east of Locust Street. Ms. Russell: I move for approval of the preliminary plat of lots 1-55, Block A of Cooper Landing, Section 3. Mr. Cooper: I second the motion. Mr. Engelbrecht: It has been moved and seconded to recommend approval. All in favor? Motion carries unanimously 6-0. IV. Consider Issuing a platting certificate in accordance with Section 212.015, Local Government Code. The request Is to determine if platting is required for a 92.172 acre tract located at the intersection of Bonnie Brae and Us 377. Staff Report given by Frank Robbins: The local government code has a provision in section 212.0115. We have received request for determination if a plat is required under this subchapter. This is a parcel of land that the staff becare familiar with in 1992 when a document labeled "Preliminary Plat" was filed. The preliminary plat went through the Development Review Committee process. The applicant at that time never processed the plat further after the meetings with the Development Review Committee and individuals on the staff. We know the property was subdivid- ed. The property owned in one 92 plus acre area has been sold to a number of other individuals. We don't believe that subdivision occurred according to this layout. We are told that there may be a layout of 20 lots. In the issue be.ore, it asks does that subdivision require platting? The state law between 1992 and 1994 is a little different. We believe the subdivision began to be subdivided RAFT I HIC ITY--= COUNCI l A 41 r o O roe, t~ O G r b ` f! t i ,gyp. Q A4W1 a- PLANNING AN ZONING O ISSI REP DATE: June 21, 1994 TO: Mayor and Members of the City Council FROM: Debra Goodwin, Urban Planner SUBJECT. PRELIMINARY PLAT, LOTS 1 AND 2, SIACK 1, DENTON COUNTY MUNICIPAL PROJECT RECOMMENDATION: The Planning and Zoning Commission recommended approval, 6-0, at their June 8, 1994 meeting. s~rMMABY~ The 17.9335 acre tract is located on the east side of Ruddell Street south of the extension of East Hickory. The plat contains two lots of 8.844 acres and 7.014 acres. The two lots will be final platted separately. { City services and facilities, including water, sanitary sewer, electrical, and solid waste, are available. s Additional dedication along Ruddell will be required to bring r the right-of-way to 30 feet from the centerline. A sidewalk will be required at the time of final plats. Access to the property will be at East Hickory and Ruddell Street. No driveway will be allowed further south on Ruddell Street. As no access to Ruddell will be taken, improvements ~J to Ruddell Street will not be required at this time. The floodplain/floodway encroaches on the southern portion of Lot 1. The floodway will be dedicated as a drainage easement. Site drainage shall be directed toward the creek. Water service will provided from an existing six inch line on Ruddell Street. ( An existing twenty-one inch sewer line at Pecan Creek will j provide service to this project. A new manhole will be required to be constructed in order to connect to this line. Th9ra is an existing fire hydrant on Ruddell Street. An on- site fire hydrant will be required on Lot 1. The plat conforms to the minimum requirements of the subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. i i ;l ~i a0endaNo U Apendalie _ Date- 2d BACKGROUND' The property is currently zoned SF-7 and is vacant. The County of Denton owns the property and plans to construct a vehicle maintenance facility on Lot 1. An application has been filed to rezone the property to Light Industry - Conditioned - LI(0). This proposed zoning would br, similar to that zoning approved on the County property to the east of this tract which limits use of the property to public buildi:.gs for local, state, or federal governments, and professional and administrative offices. The proposed zoning for this site would exclude the use of the property as a correctional facility. i The plat conforms to the area requirements of the SF-7 zoning district. i PROGR_AMS DEPARTMENTS OR GROUPS AFFECTED' i Engineering Department Planning and Development Department FISCAL IMPACT: N/A ATTACHMENTS: 1. Location map 2. Preliminary plat 3. Planning and Zoning Commission Minutos of June 8, 1994 Vape fully submitted: L oy V. Harrell City Manager Prepared by: Debra Goodwin Urban Planner c1 Ap rovedt Frank H. Robb Ins AICP Executive Dir ctor Planning and Development f ) 3 } : A t ATTACHMENT 1 Agendalte 16 a nL Date Denton County Municipal Project So6 NORTH t+clcoar S~,~wOr+E S1 TE f w Location Map bite: 612144 Scale: None x AcendaNo. 9 - ATTACHMEHT 2 Agendait S of Denton County Municipal Project °e1e ~2 4eci NORTH r.. ~ rawor u sr rAsr HnKOAr srAssr Vbdk i ~ u ■e re q v w ~ I f r I ,O w~ P y~ 1 ! Ad. CAN Preliminary Plat 9sfe: 6/2194 Scale: None r gendaNo g_~a- ~gendaherRl~~ Attachment 3 08(8 .P Agenda Pit Commission Jun 8, 1994 Page 9 Mr. Engelbrecht: Motion carries unanimously (6-0). b. Consider an amended General Development Plan of 5.22 acres located on the northwest corner c:f East McKinney Street and Loop 288. Mr. Cochran: I move for approval of this GDP. Mr. Nortons I second. Mr. Engelbrecht: Motion carries unanimously (6-0). c. Consider the preliminary replat of Lots 1R and 2R, Block A, 3-J Addition. The 0.6469 acre site is f located on East McKinney Street east of the Piggly (j Wiggly store. ! Mr. Goodwin: DRC would recommend approval of this replat. It I is a request for the division of a ,6469 acre tract on E. i McKinney into two parcels. City services and facilities are available. i Mr. Cooper: I motion that we approve the preliminary replat of lots 1R and 2R, Block A, 3-J Addition. Mr. Norton: I second. Mr. Engelbrecht: Motion carries unanimously (6-0). IV. Consent Agendas The following items are recommended by the staff and approval thereof will be strictly on the basis of staff recommendation. Approval of the consent agenda authorizes the Executive Director for Planning and Development or his designee to proceed with each item in accordance with the staff recommendation. a. Consider the final plat of the Northwood Addition, Lots 1 through 8, Block A. The 2.805 acre site is located on the southeast corner of old North Road and Windsor. F. b. Consider the preliminary plat of Lots I and 21 Block 1, Denton County Municipal Project, The 17.9335 acre tract is located on Ruddell Street south of East Hickory Street. DRAFT 7. . r i C' w F i s~ +perONO 9y-dZO_- 4~endaNe Oate Agenda Pit Commission b6 Jun Be 1994 Page 10 Dr. Huey: I move adoption of the consent agenda. Mr. Norton: I second. Mr. Engolbrechtt Motion carries unanimously (6-0). Mr. Cochran: What is planned on Hickory St. and Ruddell? Hs. Goodwin: You will be seeing a rezoning request at your next meeting, they are proposing a county vehicle maintenance facility. r Mr. Engelbrecht: we will pause until 6:30. i V. Work Session. Discuss the draft platting process ordinance and give ! staff direction. Mr. Robbins: The proposed draft icinance will The slightly amended between now and the publ pertain to 2 basic areas. First, to be in accordance with the That mostl state law. The other major different type'siofnplat . We will has to do with who approves review the types of plats we have now in the ordinance and who would approve those. han 5000 A Minor el so swe aresarliless ttletbit more strict It We sfenot the Pstate law lots like for that type of subdivision, it probably should be done les staff in public rather th Those are not add essedlin thebordinance to approve plats. now and those would be approved by staff in accordance with state law. Di Hueytr fIf staff does not feel arted to the planning tanl zoning a commission?n it would be Mr. Robbinst Yes. The staff cannot deny a plat. It can approve the plat if it is in accordance with the regulations. Mr. Cochrant When there is staff approval in the new proposed system, will there be a method of informing the chairman of the planning and zoning commission when this is taking place? Mr. Robbinst That is not in the draft ordinance, Mr. Cochrant 1 would like to propose we put something like DRAF .:..C ITY ~COUNCI T l I 1 1 I ~ I I _.J 44 y► ' 6 s ro N a r k N"No -Oe20 _ Apendaft ~ CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Approval of a tax refund to First American Title Co/Thomas D. Hodgson RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician Chapter 31,11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of 5500.00. Firrastyy{{AmHHeorican Title has requested a refund for $567.68 since they over- )~l~CKGR~UNDdgson's account # 117537. The mortgage paid $567.67 on December 30, 1993 and the title co. paid $567.68 on December 20, 1993 for Mr. Hodgson. This caused an overpayment of $567.68. A tax refund is due. $567.67 will be refunded from the over- ] avy aa~aaC9 n~ $ 91 iIGROUYST h~eA f d_ f om the write-off account. 6R ~ i~xoGxl~ss~l DE~ARTMER75 E)T: The Tax Department and the tax account of Thomas D. Hogdson/First American Title Co. FISCAL IMPACT: $ 567.68 RESPE ULLY Bh1IT F oy . Sarre City Manager Prepared by; V a mm ~sc c ne er Title T, x Technician Approved: ti ame Hari Jefferson Title Tres r 2b33C/3 ,I F i r e igeodaNo Agendalt m rar,rogyTaxDowd APPLICATION FOR TAX REFUND Oete ' ftWdA"ftsbon $1.11(4162) r ~ Collecting Office Name: CN OF DENTON Collecting Ti x For. AX _DEPAJtTMFNT MaK EY (Taxing Units) DEIYTON, TEXAS 16201 _ Address City. StaU% Zip Code i - - In order to apply for a tax refund, the following information must be provided by the taxpayer. tDEIMFIC.ATIO .OF PROPER OWNE Name (WOOIA:S 0 4.5 o L1 Address: ~)~9 /2Ffrmfk-DOW EA)7oN 7k ?!ell- /647 Telephone Number (if additional Information is needed): IDENTIFICATION OF PROPERTY, Description of Property: -"<r-a~4TL 1ir§Nrs BcocK S~ r15 Addreea or Location of Property: s Douj Account Number of Property. - //7 3 7 or Tax Recelpl Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Yeer for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requ&*W Tax Payment Taxes Paid Requested 1.faLLZ.~ NrotJ 19 `13 ~%1 /14~ _ ",.567,(e~ s ~'(07.(a.~ ?,C~ Y ca 7ltara~/ 19 Q; /2--W / 49 3s :..SG7.4 7 $ Taxpeyer,''/e reason for refund (allach supporting documents w IJ 4AFeicA L) //TLf 1A) 5 1r1 _ 7294. l~or7X~SOa'6 Max76iA6 yde,4 DAIp -yids TAs<ts as T41.5 1ARcta Fo,C /~q3. EsZ J,T<t><~~cAA! 7/fll /jis 15 AdgagsTiiv4 R .e uA)b fek file- 0AfA64V- ir<s,rlr-1 ( hereby apply for the refund of the above4escribed taxes end c"I'y t!ot the In fmation I have given on this form Is tru and reCt FJ ftT Anlftmok'J 11-r - In Signature r iAPl Icc/le,e Date of "cation for Tax Refund - ~ --D 100-0------•---------------- i DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Presiding OMW*) of Taxing Date Unigs) for refund applications over $500 Any pence e1f1o me11ea a feMe entry open q1e Iere0otn0 reeord ehaa be wbNot b one d1tN IosorY►Q penalles: 1. brprlaOwwd W nel moo than 10 years pee to" than 2 Veen and/or a line of nW mere than ".000 or both Ouch Ina and ImprMonmenk 2, conMew4m In Ilia for a lean up to 1 year or a Ine not to exceed $2,000 or both aueh Me and MnprMenwAd ea gel I" In Section 21,10, Ps" Code. lxruw r+ 11 I Y .AN TITLE INSURANCE COMPANY gip. + ONG ACCOUNT Nn• or.R 7 W M u;.uwmv f [$Cnow TI cHecx Na 14 54 FK 9 14.11 vi *4 PI VA 4 11 )117 IM 101 om WWK II 701,4 ~'ia : : F NMiNlANO V4L4GE TX 75067 n win r + I i %a ll, I.: r ,~lyL atrl7aao,s~.Kt~ SFtf.S 64/lrii' ' Cj. Rr l)lpCOh 711 Ur [ rr a ~p1 I 64 Y * ri`4 ~'0 ~4 S4 i~~ rfjj9oo222): r'Q?4QQldi66,R~ 4t~ ~000005b768~~ r 4 ~7 t„ ~ 1r?p /r ' L!4~'J ? ~7' RCS,.' r fri rli'y~, 'P41~i 7 n5~j7 yi 7(r ✓SJ,ir r. .r r+ (,~r~ I r1 r 1~ 1 ~'J\~~~~; r1~1 r; I,~/.' + I yM~~.J t,~• r\,r ~ ron0a Iro q y~~ re~aau r I dt .,:,t.. ~ fly#~#``~KJ~r,,~ GlN 717LE INSURANCE COMPANY vr,R oat. C + d7y, LEWISY+LLE ESCPDN AC40UNT at ,tut w CHECK NO. PH214311.14V lipw4st ` r; III) FM 407 LA .,y':,!~ HrG11lAND VILLAGE E. 7X 75061 A Wih 1 I I I l 1, f I.,~i. y, ~lyC ALhVAEn,Bi~lY Sf1f.V 5 l+t/IGd 1i` 1 r $A7.68 + v Fi4A Demon TAV 61 1 ;r p , 'frF li l 54 : d 000005s n 1 t 1,. ♦ s+~k , y'e't ~ t ~,5.,• ~ . ! n .'j.. ( {y'+:11, lit y4 ?rah$!t; 1 1. ' I I '1 1 + t1'i Itllltl81V6 ~ rC•G- IQ ~Q~ g Y REPORT FIOR05DW 06/09/94 AT 19:57 O V E A P A Y M E N T S PAG ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAY Y ~7 02249100000 92/06/08-0025 LIPSEY, JOE P BELLEMEA9 DR 4.50 OVERPAY ......~~~L 02450800000 92/06/23-0007 WELLS, DAVID M LOCKSLEV Lk 1.81 OVERPAY L 08440200000 92/07/01-0007 DENTON AUTO AUCTION W COLLINS ST 3.62 OVERPAY 02837500000 92/07/07-0011 WALDROP, JACK E ASPEN OR 264.63 OVERPAY 902 288900000 92/09103-0023 MINTER, FLORENCE PARK LN 10.00 OVERPAY / 03388600000 92/09/10-0006 JOHNSON, JOHN C ULAND ST 1.96 OVERPAY - 09939700000 92/09/10-0007 MR GATTI'S M315 N AVE 8 354.65 OVERPAY 90152100000 92/09/10-0006 MR GATTI'S 0314 W UNIVERSITY D 454.49 OVERPAY g{ 50348300000 92/09/30-0002 MILLS, 10 T FORT WORTH M 2 17.09 OVERPAY C;P $ 90154800000 92109/30-0003 SKANDIA ROOF TILE %NO N ELM S7 835.27 OVERPAY Y-j 60334300000 92/10/02.OODS KONKRIGHT, AONALD TEASLEY #108 L 1.05 OVERPAY 09939700000 92/10106-0016 MR GATTI'S 4315 N AVE B 71.21 OVERPAY 03487600000 92/10126.OOD3 FOWLER, EUGENE F ROSELAWN DR 1,00 OVERPAY 10511100000 92/10/26-0017 WALKER, DONALD L/DOYLE PAT TEASLEY 0175 L 21.12 OVERPAY 50334300000 92/11/02-0012 KONKRIGHT, RONALD TEASLEY N108 L 36.31 OVERPAY 03444900000 92/11/02-0027 WILLIAMSON. WILLIAM J WESTGATE OR 1.43 OVERPAY 90152100000 92/11/04-0008 MR GATTI'S 0314 W UNIVERSITY D 71.21 OVERPAY 02950100000 92/11/04-0013 FRANKLIN, ROBERT J E SYCAMORE ST 164.93 OVERPAY 90022800000 92111/30-0006 BECKS AUTOMOTIVE SEA a TPANS N ELM ST 5.64 OVERPAY 07528100000 92/12/0t-0003 FEAGINS, RONNIE L N WOOD ST 44.05 OVERPAY 50334300000 92/12/02-0003 KONKRIGHT, RONALD TEASLEY #108 L 36.31 OVERPAY 90152100000 92/12/03-0004 MR GATTI'S 0314 W UNIVERSITY O 71.21 OVERPAY 50334300000 93/01/07-0007 NONKRIGHT, RONALD TEASLEY 0108 L 36.31 OVERPAY 09939700000 93101/04-0002 MR GATTI'S M315 N AVE B 71.21 OVERPAY 03635500000 93101/2t-0186 O'REAR, 0 W BERNARD ST 2.00 OVERPAY 60334300000 93/02/02-0440 KONKRIGHT. RONALD TEASLEY 0108 L 36.60 OVERPAY 90152100000 93/02/05-0044 41A GATTI'S #314 W UNIVERSITY D 71.21 OVERPAY 08440200000 93102/73-0064 DENTON AUTO AUCTION W COLLINS ST 24.00 OVERPAY 50334300000 93/03/06-0032 KONKRIGHT, RONALD TEASLEY 0108 L 60.06 OVERPAY 11515600000 93/03/07-0072 LAI, OLDAT I FOMWOOD CA 14.67 OVERPAY 11535700000 93103/07-0073 SMITH, SONYA R N BELL AV 15.49 OVERPAY 03359900000 93/03108-0065 GIBBS, KATHERINE A PIERCE ST 6.71 OVERPAY 09939700000 93/03/08-0016 MR GATTI'S N315 N AVE B 71.21 OVERPAY 03184000000 93/03/14-0267 SIMMS, MINOR WHITE OAK ST 258.44 OVERPAY 03187200000 93/03/17-0081 DAVIS. TERRANCE AUTUMN OAK OR 30.35 OVERPAY 10300500000 93/03129-0260 GILLINGHAM. ADAM S SHADOW Ti 41.13 OVERPAY 01250800000 93/03/29-0616 HARRIS. PATRICIA TEASLEY M 87 L 6.41 OVERPAY 90123400000 93/04/04-0406 NORGE COIN LAUNDRY E UNIVERSITY 0 3,62 OVERPAY '•;11753700000 93/04/04-1141 r.HODGSON, THOMAS D CRESTMEADGW 667.67 OYERPAYIIl' tRY~~' 76 0 01367900000 93/04/06-0982 VARBROUGH, DAVID CHURCHILL CR 28.46 OVERPAY ` 02573300000.93/04106.0212 IRBY THOMAS C AMHERST OR 10.73 OVERPAY - 01984700000 53/04/07-0387 RICHIRDSON, JEFFREY 8 ANGELA A LAGUNA DR 324.00 OVERPAY ' 90161100000 93104/10-0143 MR GATTI'S 0314 W UNIVERSITY D 10.37 OVERPAY 10435500000 83/04/12-0148 MOSLEY. BILLY J PENNSYLVANIA 0 1,039.81 OVERPAY 02402000000 93104/18-0200 GREGORY, ARTHUR F 131 WESTWAV ST 11.08 OVERPAY 10419400000 931041$8-0263 PAUL, GURSARAN PARKStOE OR 450.00 OVERPAY 03439400000 93/04/24-0445 NW REALTY INC SHADY OAKS OR 1.00 OVERPAY 02552400000 93/01125-0140 BARNES. KENNETH J COIT ST 3t6.95 OVERPAY 03086600000 93104/20-0317 MEEKS, GREGORY 8 CRAIG LN 155.16 OVERPAY 03494300000 93104/27-0014 BISHOP, LULA M TA SHERMAN DR 635.71 OVERPAY =CIT mm~; COUN( I r:~ i s ~ • a r • ~ ~r i . S aka 9~ ~ a 1 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to LaSalle Systems Leasing Inc, RECOMME The T ax NDADTION: lenient from the Appraisal District epa r tment has received a supplement for 1993 making a correction to the appraised value based on a protest by LaSalle Systems Leasing Inc„ reducing the tax they owed in 1993. LaSalle Systems Leasing Inc. is due a refund which the Tax Technician recommends. SUMMARY: royal of Cha ter 31.11 of the Texas Property Tax Code requires the app the governing body of the taxing unit for refunds in excess of $ 500.00. 5,076.98 on City account LaSalle Systems Leasing Inc. is due a refund 1of $ 993, # 145461 due to a reduced app BACKGROUND: La.- Salle .systems Leasing Inc, paid their 1993 tax invfull on January 31, 1994, A supplement causing a reduction in appraised taxes due for 1993. This reduction in taxes warrants a refund of $ 5,076.98 due to LaSalle Spste,ns Leasing Inc. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of LaSalle Systems Leasing Inc. FISCAL IMPACT: $ 5,076.98 E Rgy("; FULLY ITTE). arrel Cit Manager Prepared by: U ame Vic chneider Technician Tax Title Approved: ame ar erson Title Tr er 2633C/3 1 S . f .r j i 1 t' N PROPERTY TAX ROLL fOC, tIY :I Lt1161Id +c0;,1 YEAR 1993 PRSNTED. 05/24/99 02: 96pm PAGE LAEUES T A OWNE R NAME AND ADDRE SS PRGCERfV DE SGRi,N{iON I'VE AVOVNT 1 '..OUNT PAID I TYPE AIAOUNI AMOUNT Y-4 1 1 P914245 (31445 1 / COMPUTER LEA51 1. 116 PERSONAL PROPERTY - LEA ONAL 6 112,402 0 THREE UNIVERSITY PLAZA EOVIPMENT LOCATION D CITY HACKENSACK.. NJ 07601 i SITU . CL14TON CITY, C05 ESSED 6 (12.402 0 12,402 RECEIPT AXABLE 4 112.402 0 12.402 ENTAILS. C05 N 23313 .TAX AMT 0 92.73 0.00 92.75 T I . /.EMATIUN3 L~ SUPP CODE: A -/9y - ADDED PER LAT 311 ION - P 19t•1TC I 1585 DATA LEASING PERSONAL P TV - TELEX MACHINE PERSONAL 1 I L 1,227 PO IIOA 19?1 LGCA110N. ACME ST Q PAYLESS t IRVINE. C +[3-9219 EASHWAY DENTON COS ASSESSED • O 1,227 27 :31 TUS ACME ST CEIPT TAXABLE IS r 0 1.227 227 NTON, 368 TAX AMT 1 0.00 9. 18 9. 10 } T F,NT F / F T IONS' ' ~T ON ROLL IN ERROR I CODE - DEL - DLE TE_. _i----------------------- 45461 (15250A) 4-_ LASAI.LE SY37F.C" LEAt;INS INC! PEREAPIAL PROPERTY - LEASED D P PERSONAL S 215,259 1 34.091 40 SKOKIE BLVT 0310 VOUIPMI'NT LOCATION: 3901 MORSE ST.' flORl!4GRUOR. IL Q't,d OCNTO'7 C MOOSE SUSINLSS FORMS COS ASSESSED 1 275,259 X4!9.091 -678,832 HI TVS 3901 MORSE ST - RECEIPTS TAXABLE IS x15,239 b54,091 478,032 © D1LNION, EMOUPE DUSINES5 FORD 0 1290 TAX AMT 1$ 2 58,66 133.63 5076.99 H11(i ENTITILS: G01, 505. C05 li { EXEMPTIONS. 1.1fy'ly SiPP CODE: C. - CHANCE 6.~yf/y _G TAX PAYER ERRONEOUSLY OVER REPORTED ASSETS ON PENDITION L-- 2e ---------------------------1----------- ------------/11 P913713 (3193 H OWER LEAS PERSONAL PROPS - LEASED WRECKER PERSON0 30.739 JEFF PAINTLOCA1[ON. 700 E S, DENTON Q 9:00 SHOS ESTLER'S EXX C03 ASS£650 30.739 16.759 FLOWER 1X 75028 7TU5 700 S RE T TAXABL0 30,759 16.739 I DEN lESTLER'S EXXON 1 11 TAX AM1 230.03 125.34 ENTITIES 1, S03, COS ~ EXEMPT SUPP C CHANCE CHAN PER Z5.Z9D PROIEBT 17 (3232121 RAI, - - IA, FELIPE C R POINT MHP, SPACE 48. MH IMPR H5 O 9 HUMMING3IRL DH E 0 TEX 321499 'OTO. TX 73113 C05 ASSESS3 0 725 TITIES~ COL SO5, COS RECEIPT TAXABL5 0 0.723 N 2354 TAX AM21 0.00 80.21 EX EMPIIUNS ;L b ar'c' Jar , i I SI I to b i IF t ^ REPORT COOR05DW 06/07/94 AT 19:33 O V E R P A Y M E N T S PAGI ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PA", V 03238900000 93/04/27-0244 FLEMING, BARNEY BLUEBIRD CA 1.00 OVERPAY 02257200000 93/04/26-0148 THOMAS, DAVID L VICTORIA OR 27.00 OVERPAY N 02087300000 93104/31-0213 DODD. JOE M OR GREENLEE ST 7.67 OVERPAY 1(865800000 93/04/31-1169 PUNCH, KARL W PRAIRIE DR 6.65 OVERPAY i~ 02270400000 93/05/01-0272 OGLE, IVAN M STANLEY ST 20.57 OVERPAY A~ 09761600000 93105/01-0309 ON THE CUFF DALLAS DR 7.09 OVERPAY 0215t400000 93/06/02-0107 SALAZAR, RAUL PEAK ST 475.81 OVERPAY 03191300000 93105/02-0131 MILLER, SHARLA 5 QUAIL RIDGE DR 496.17 OVERPAY ( 51308600000 93/05/02-0325 CLAYTON ESTATES E MCKINNEV 062 60.04 OVERPAY 60334300000 93/05103-0110 KONKRIGHT, RONALD TEASLEY NIOB L 41.09 OVERPAY 16290300000 93/06/1t-0013 GRIGSON, CHARLES D DENTON AIRPORT 35.77 OVERPAY 10731700000 93/05/13-0006 L 6 D INVESTMENTS LC AUDRA LN 8.69 OVERPAY 81294600000 93/05122.0052 CLAYTON ESTATES E MCKINNEY 028 115.63 OVERPAY 03497600000 93/06/07-0050 WILL. PATRICK NORMAL ST 2.60 OVERPAY 50334300000 93/06/07-0018 KONKRIGHT, RONALD TEASLEY 0108 L 41.09 OVERPAY 03265400000 93106108-0011 TACO BELL 02023 SUNSET ST 25.28 OVERPAY 1 91267400000 93/06/11-0023 TIRES, APPLIANCES 6 SERVICE OF DENT W UNIVERSITY D 799.99 OVERPAY 03104000000 93/06/14-0028 SMITH, RAUL W MILL POND ST 3.99 OVERPAY 02731100000 93106/18-0015 PRITCHARD, MICHAEL P PEMBROOKE PL 94.98 OVERPAY 10304300000 93/06/21-0020 WATSON WALLACE TICONDEROGA OR 36.62 OVERPAY 03381800000 93/06/25-0007 LANDRY: HARRAL E 04XLANO ST 144.40 OVERPAY 03540800000 93/06/30-0024 LSSWY ADDITION J/V W HICKORY ST 1.35 OVERPAY 02807000000 93/07/19-0015 HERNANDEZ, GREGORIO N RUDDELL ST 25.41 OVERPAY 15366000000 93/07/25-0010 PRASAD, JAGDISH BAUER OR 0.01 OVERPAY 12100700000 93/07/28-0009 POTOSKY, DONALD A BRITTANY DR 0.10 OVERPAY 50334300000 93/08/02-0019 KONKRIGHT, RONALD TEASLEY 0108 L 30.28 OVERPAY 02960100000 93108/03-0017 FRANKLIN, ROBERT J E SYCAMORE ST 3.18 OVERPAY 029110100000 9310CI13-0005 FRANKLIN, ROBERT J E SYCAMORE ST 301.99 OVERPAY 15777400000 93!08123-0007 FRANNLIN, JAMES E DUNCAN ST 0.60 OVERPAY 90097100000 93108123-0014 JAY'S UPHOLSTERY S ELM ST 0.28 OVERPAY 02210400000 93/08123-0017 MILLER, MARGARET CARLTON ST 0.01 OVERPAY 15389900000 93/08/27-0011 KRAUSE, J D ETAL W UNIVERSITY D 27.17 OVERPAY 91077300000 93/08/31-0006 DENTON PROFESSIONAL TUTORING DALLAS OR 1.01 OVERPAY 10521400000 93/08/31.0011 TER1 TAYLOR CO INC HOLLYHILL LN 1.26 OVERPAY 12102800000 93/08/31.0062 CALOWELL. ROGER D OR BAYFIELO -1007 6.01 OVERPAY 02813100000 93109/Ot-0022 HUPP, PHYLLIS 41 TEXAS ST 20.00 OVERPAY O2pit tl O 1 0214 _ F SYCAUnRE %I 541.9 „-QV ERPAM _14548100000 93/02/0 7-0016 LASALLE SYSTEM LEASING G INC ORE BUSINESS" 5 078.56 OVERPAY„'. Q9QV 0356810 0000 91/09/07-0020 ADAMS, CHRISTOPHER C 6 LORI D SHERMAN DR 37.39 OVERPAY 03138400000 93/09/07-0024 HOLLADAY, BARBARA A NAYEWOOD DR 37.39 OVERPAY 02760200000 93/09107-0016 HUGHES, LINDA S MAGNOLIA ST 37.39 OVERPAY 13092600000 93/09/07-0028 JACKSON, THELMA LONGMEADOW 07 37.39 OVERPAY TOTAL OF OVERPAYMENTS 26,152.68 0.00 i i 1 .A; ~ R i a0 60 r♦ ~r • ' a r is L.4 r,. r.•~ i Y P' ~l 9s~-U ApUNO ~o f /s ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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 bids for the purchase of necessary materials, equipment, supplies or services in Accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided In the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved i I as being the lowest responsible bids for such items: i } BID ITEM NUMBER NO VENDOR AMOUNT 1613 1,607,9 TECHLINE $ 62,051.00 1613 2,315 PRIESTER $109,380.00 1613 4 CUMMINS $ 2,830.00 { 1613 8 WESCO $ 23,980.00 i SECTION II. 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 purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. . Aoen48No C1 1/'eyo AQ8*1 Date ~s as 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 immediately upon its passage and approval. PASSED AND APPROVED this day of , 1994. BOB CASTLEPERRY, :•iAYOR ATTESTS JENNIFER WALTERS# CITY SECRETARY BYs i APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs R 7b } • i I • (y e.• y i A0eadjN0 AgendaH Date DATE: June 21, 1994 ,30 f5 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 11613 - DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidder as ollows: Item 1,6,7,9 TECHLINE 629051.00 Item 2,3,5 PRIESTER $109,380.00 Item 4 CUMMINS ; 2,830.00 Item 8 WESCO S 23,980.00 For a total expenditure of $1980241.00 SUV AARY: This bid is for the purchase of padmounted transformers for use hw Installations for customers replacements and fortbackups.ers v:ill be used for n Eight proposals were received in response to eighteen bid packages mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum from Joe Cherri, PUB Minutes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution, Utility Customers o the City oP Denton. FISCAL IMPACT: Budgeted funds for Electric Distribution for 1994 Account #610- 103-1031-3680-9222 -3680-9222 with a balance of $2,358,745.77. Res tfull a tte L y V. Harrell City Manager Prepared By: Name: Den SO Harpoof Title: Senior Buyer A roved: Name: Tom . Shaw,C.P.M. Title: Purchasing Agent 500 AC MDA L l i j E 3 1 ' r ID 1613 BID NAME DISTRIBUTION CUMMINS TEMPLE TECHLINE TRANSFORMERS OPEN DATE APRIL 5, 1994 PAGE 1 OF 3 PADMOU -TEED~J-- 1. 13 EA 25 KVA 120/240 SINGLE PH $809.00 $1,352.63 $791.00 MFG CENTRAL GE HOWARD MALONEY IND DELIVERY 10 WKS 24 WKS 18-20 WKS 2. 15 EA 50 KVA 120/240 SINGLE PH $1,029.00 $1,601.05 $1,011.00 MFG CENTRAL GE HOWARD MALONEY IND DELIVERY 10 WKS 24 WKS 18-20 WKS 3. 66 EA 75 KVA 120/240 SINGLE PH $1,250.00 $1,748.42 $1,220.00 MFG CENTRAL GE HOWARD MALON EY I N D DELIVERY 10 WKS 24 WK3 18-20 WKS 4. 2 EA 100 KVA 120/240 SINGLE PH $1,415.00 $2,613.68 $1,677.00 MFG CENTRAL GE HOWARD MALONEY IND DELIVERY 10 WKS 24 WKS 18-20 WKS 5. 9 EA 167 KVA 120/240 SINGLE PH $2,030.00 $3,306.31 $2,225.00 MFG CENTRAL GE HOWARD MALONEY IND DELIVERY 10 WKS 24 WKS 18-20 WKS 6. 9 EA 160 KVA 120/208 3 PH RADIAL $3,740.00 $4,466.32 $3,469.00 MFG PAUWELS GE HOWARD IND DELIVERY 16-18 WKS 18 WKS 10-12 WKS 7. 3 EA 300 KVA 120/208 3 PH RADIAL $5,095.00 $7,050.53 $4,707.00 MFG PAUWELS GE HOWARD IND DELIVERY 16-18 WKS 18 WKS 10-1 2 WKS 8. 2 EA 1500 KVA 277/480 3 PH RADIAL $12,620.00 $17,996.00 $14,340.00 MFG PAUWELS GE HOWARD IND DELIVERY 16-18 WKS 18 WKS 10-12 WKS 9. 1 EA 500 KVA 1201208 3 PH LOOP $7,260.00 $7,890.53 $6,426.00 MFG PAUWELS GE HOWARD NO 9 aZ DELIVERY 16-18 WKS IND 18 WKS 10-12 WKS ApeAQ t Oat! ADDENDUM YES a BID 1613 _ BID NAME DISTRIBUTION WESCO WESCO PRIESTER TRANSFORMERS (ALTERNATE) OPEN DATE APRIL 6, 1994 PAGE 2OF3 _ 77D,8, _ ` E~ V P D OUNTED 1. 13 EA 25 KVA 120/240 SINGLE PH $1,025.00 $845.00 MFG ABB COOPER DELIVERY 13-14 WKS 8 WKS 2. 15 EA 50 KVA 120/240 SINGLE PH $1,128.00 $1,071.00 MFG ABB COOPER DELIVERY 13-14 WKS 8 WKS 3. 66 EA 75 KVA 1201240 SINGLE PH $1,252.00 $1,125.00 $1,159.00 MFG ABB ABB COOPER DELIVERY 5-6 WKS 5-6 WKS 8 WKS 4. 2 EA 100 KVA 120/240 SINGLE PH $2,224.00 $1,400.00 $1,455.00 MFG ABB ABB COOPER DELIVERY 5-6 WKS 5-6 WKS 8 WKS 5. 9 EA 187 KVA 120/240 SINGLE PH $2,412.00 $1,869.00 MFG ABB COOPER DELIVERY 13-14 WKS 8 WKS 6. 9 EA 150 KVA 120/208 3 PH RADIAL $3,695.00 $3,628.00 MFG ABB COOPER DELIVERY 8-9 WKS 13 WKS I 7. 3 EA 300 KVA 1201208 3 PH RADIAL $4,950.00 $4,679.00 MFG ABB COOPER DELIVERY 8-9 WKS 17 WKS 8. 2 E,: 1500 KVA 277/480 3 PH RADIAL $11,990.00 $12,585.00 MFG ABB COOPER DELIVERY 8-9 WKS 17 WKS 9. 1 EA 500 KVA 1201208 3 PH LOOP $6,800.00 $8,450.00 MFG ABB COOPER ND u DELIVERY 8-9 WKS 17 WKS I! ADDENDUM YES ACS' i BID 1# 1613 BID NAME TD~151TTRIBU ION POLELINE VAN TRAN OPEN DATE APRIL 5, 1994 00 PAGE 3 OF 3 VET P D OUNTEO _ 1. 13 EA 25 KVA 120/12240 SINGLE PH KU1lMAN VAN TRANS DELIVERY 84-91 DAYS 12 WKS 2. 15 EA 60 KVA 120/MFGSINGLE PH KUL~MAN VAN TRANS DELIVERY 84-91 DAYS 12 WKS 3. 66 EA 75 KVA J20 240 SINGLE PH K $11,515997AO VAN TRAN00 MFG DELIVERY 84-91 DAYS 12 WKS 4. 2 EA 100 KVA 120MFG SINGLE PH KU 1LMAN VAN TRANS ,877.00 DELIVERY 84-91 DAYS 12 WKS i 131.00 6. 9 EA 167 KVA 120M1240 FG SINGLE PH KUH L MAN VAN T S RAN 1 DELIVERY 84-91 DAYS 12 WKS 4 6. 9 EA 160 KVA 120120 G PH RADIAL pAUWELS ~ VAN T~ D RAN DELIVERY 112-126 DYS 10 WKS i 7. 3 EA 300 KVA 1201208 3 PH RADIAL $5,020.00 $7,061.00 !I MFG PAUWELS VAN TRAN DELIVERY 112-129 DYS 10 WKS 8, 2 EA 1600 KVA 277/480 3 PH RADIAL $12,368.00 $18,634.00 MFG PAUWELS VA14 TRAN + DELIVERY 112-126 DYS 10 WKS ,301.00 $9989. 9. 1 EA 500 KVA 1201/208 3 PH LOOP PAU7W Et VAN T~RAN~ DELIVERY 112-126 OYS 10 WKS YES ADDENDUM - r 1 t , ACOOdsNe Age~dalte .~1 Date 7o,~iS CITYo1DENTONMUNICIPAL UTILITIES / 901•ATexasStreet J DentoNTx76201 MEMORAt+i?)UM T0: Denise Harpool, Senior Buyer '3G FROM: Joe Cherri, Electric Engineering Administrator DATE: June 1, 1994 SUBJECT: PADMOUNTED TRANSFORMERS BID #1613 The Electric Utilities Staff recommends the acceptance of the low bidders based on the Evaluation in price and losses for the total j amount of $198,241. JC:tn 06014010 Attachment: Bid Evaluation PUB Agenda i PUB Minutes cct Jim Harder, Director of Electric Utilities Ralph Klinke, Superintendent of Distribution i <y ~ k, ' I' i f F Il A v 1 21. CONSIDER APPROVAL OF PURCHASE OF PADHOUNTED EWg 4?~ ~ 2 TRANSFOR,NSRS - BID 01613 i Neison indicated that this was a routine purchase but wanted it placed on the 4 agenda for consideration. ,iese expressed some concerns regarding safety and 5 Herder clarified them. Thompso made a motion to approve the bid. C _p1m 6 seconded the motion. All ayes, no nays motion approved. 7 a 21 U17LITIES DIRECT'OR'S UPDATE 9 a. National Drinking water week - a presentation 10 for the Best Drinking water from the State 11 will be presented at City Council, Tuesday, 12 May 3, 1994. 13 14 b. Take Charge of Your System's Finances i5 i6 c. Selection of Ads Environmental Services Inc. ~7 to Perform Smoke Testing in the .8 Cooper Creek Basin 19 20 d. Gaon advised the board of an open house at 1 21 the Pecan Creek Wastewater Treatment Plant. 22 Monday, May 16 O 3pm. 23 24 e. Whose trash is this?- Newspaper Article i 2S 26 f. For Electric Utilities, the Future is Less J 27 Than Bright-Newspaper Article 28 29 g. Plus One Contributions- One Board member 30 indicated that he was missed on the billing, 31 not just for one month but for several and if 32 missed on his others must have also been 33 missed. Buck said she would check on it. 34 35 21 The nsteft sjowned ai 9:30µsr. 36 37 38 Pba " Wand Fax trans miltal memo 7671 ►N y.au . UW. draftmin.418 Ec ~r f ~1 [ 11. ' y 9 R F v i , ~pendaNo 4.~-- Apendalt Date DATE: April 18, 1994 PUBLIC UTILITIES BOARD AGENDA TOt CHAIRMAN AND MEMBERS OF TEE PUBLIC UTILITIES BOARD PROMi R. E. Nelson, Executive Director of Utilities SUBJECTt CONSIDER APPROVAL OF PURCHASR OF PADMOUNTED TRANSFORMERS - BID #1613 RECOMMENDATIONi The Utility Staff recommends the acceptance of the purchase of padmounted transformers from Cummins, Priester, Techline and WESCO, for the total cost of $198,241. SUMMARY/BACKGROUNDi On April 5, 1994, the City of Denton received bid proposals for purchase of padmounted transformers. The transformers are stock items and will be used for new installations, replacements, and back-ups. The bidders and their price quotes are listed in Exhibit I. A summary of low bidders and total cost are listed in Exhibit II. i I,I Locations for transformers are as follows: 1. TM single phase pad mounted transformer 25 KVA through 75 KVA 120/240 volt are for the following subdivisions: a. Southridge Oaks, 16 lots, 10.235 acres b. Cooper Glen Ltd., 55 lots, 14.5 acres c. East Oaks Phase II, 31 lots, 7.189 acres d. Southridge Estates, 135 lots, 43.8 acres e. Northwood Estates, 8 lots, 2.805 acres f. Woodrow Addition, 9 lots, 2.0015 acres g. Forrestridge II, 47 lots, 23.252 acres h. Country Club Estates, 186 lots, 77.77 acres i. Stock 2. The single phase pad mounted transformers 100 KVA and 167 KVA 120/240 volt are for the following: a. Crawford annex at the Southern Hotel BID1613.wp6 i 4 4 r ~andeNo ~gendalle ratr ' Transformer Bid Item p AIS April 11, 1994 Page 2 b. Fairway Villas Apartments conversion of some apartments to individual electric meters c. Maintenance at One Oak Place Apartments d. Stock 3. The 150 KVA 120/208 volt three phase radial padmounted transformers are for the following: a. Gateway Baptist Church b. Print Shop 706 Dallas Drive c. Cooper Creek Comrarcial d. Transformer change out at Metzler's e. Convenience store at 288 and Mckinney f. Stock 4. The 300 KVA 120/208 volt three phase radial padmounted transformer are for the following: a. Liberty Christian School b. Stock 5. The 1500 KVA 277/480 volt three phase radial padmounted transformer are for Georgia Pacific and Stock. 6. The 500 KVA 120/208 volt three phase loop feed padmounted transformer are for Exposition Mills and stock. The evaluation was based on the calculated costs (Initial and Operating). Transformers with lower bid unit cost, but higher losses, resulted in higher calculated costs. (See Column 6 of Exhibit I) PROORAMS, DEPARTMWS OR GROUPS APPECTEDs Rate payers, Electric Department for maintenance and operation. BID3613.wp6 r t t N..6 Il f - AgndaNo -iA---O( Agondalla 2S 7 Transformer Bid Item Dale April 11, 1994 OT~.S r Page 3 FISCAL IMPACT The expense ($198,241) is included in the 1993/94 fiscal year budget. Respectfully bmitted, R. S. Nelson, Executive Director of Utilities Prepared by: Donald Mc. au hl Senior Engineer Approved by- j m H der, Direc or of Blectric Utilities Exhibit I. Transformer Evaluation Sheet J Exhibit II. Summary of Low Bidders and Total Cost i ;r tt , BID1613.wp6 R r A 1 n ~gendatJo Agendalte Gate EXHIBIT I FOR BID 1613 f 2 o~i~ ITEM 1 t OSSICOST EVALUATION OF THIRTEEN 25 KVA 1201240 PADMOUNTED TRANSFORMER Ih J MADE NIL LL TL BID CAL. OEUVERY j BIDDER BY LOSSES I LOSSES LOSSES COST COST DAYS [ ; CUMMINS CENTRAL. 68 254 320 $809 $4,342 ! 70! POLEUNE KUHLMAN se _ 254 I 320 $1,087 { $5,282 9T~ k PRIESTER COOPER 70 21711 287 $8451 $4343 S6 I Ti 1! ~ Jr' A323 TEMPLE GE 69 292 (381 353 $816B VANTRAN VANTRAN 60 160 220 $1202 $5,229_ 84 WESCO ABB 59 219 278 $1025 $18661 11911 I LOW BID (4261 { I ITEM 2: LOSKOST EVALUATION OF FIFTEEN SO KVA 120/240 PADMOUNTED TRANSFORMER MADE NIL LL TL BID CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS CUMMINS CENTRAL 127 389 516 1029 $6.157 70 POLEUNE KUHLMAN 106 393 499 $1323 $8,992 91 Z~mmm TECHUNE HOWARD 113 422 _ 535 (1011 $6117 140 TEMPLE OE 157 369 526 $1601 $8,257 168 VANTRAN VANTRAN 105 270 375 $1543 $7,215 84 WESCO ABB 112 401 513 51,128 58,118 119 , 1 LO--BID 58088 I III ITEM 3. LOSSlCOST EVALUATION OF SIXTY-SIX 75 KVA 1201240 PADMOUNTED TRANSFORMER i MADE NL LL TL BID CAL. DELVERY I BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS f i CUMMINS CENTRAL. 174 491 665 f1 250 S7 720 70 { , POLELINE KUHLMAN 1S9 462 631 $1,597 $8,731 1 911 I 1 t TECHUNE HOWARD 155 552 _ 707 $12201 $7,715 1401 TEMPLE GE 171 868 839 S1,748 $10,117 168 VANTRAN VANTII 130 330 51, 51,913 59,132 84 I WESCO AB8 138 sse 694 _$1,252 97,69b 4211 LOW BIO 57,509 t4-Apr-94 08:38 AM { HIHOMEIE ENOVRANAB1813%911613WK3 j t i Y I I ~ W agenda No e Agenda lf k4at7e_ Ikte Ls d{~/S EXHIBIT I FOR BID 1613 ITEM 4' LOSStCOST EVALUATION OF TWO 100 KVA 120/240 PADMOUNTED TRANSFORMER DAYS t NL Ll--T -TL BID CAL. I 4AMM mm 11 BIDDER I MBYE LOSSES I LOSSES ' LOSSES COST I COST i DELIVERY FK UHLMAN 194 579 773 $1 a" 31 0373 91 COOPER 198 686 882 $1869 56 HOWARD 188 685 $73 $10.088 140 GE 261 628 889 $2614 $13,625 186 VANTRAN VANTRAN 160 525 685 $2,232 S1 1084 $4 WESCO ABB 171 734 905 _ 52224 $12,000 98 LOW BID 39 324 ITEM 5: LOSSICOST EVALUATION OF NINE 1671NA 1201240 PADMOUNTED TRANSFORMER MADE NL LL TL BID CAL. DELIVERY BIDDER BY LOSSES LOSSES - LOSSES COST COST DAYS CUMMINS CENTRAL 263 1164 1427 $2030 313,902 70 91 POLEUNE KUHLMAN 279 1148 1427 $2,1311 314.3101 TECHUNE HOWARD 263 1050 1333 $2225 314.253 140 TEMPLE GE 295 1228 1523 $3,306 $18.749 168 VANTRAN VANTRAN 250 935 1185 $2,921 315 851 84 WESCO ASS 334 815 1149 $2412 $14,3311 98 LOW BID $13,833+ i ITEM o; LOSSICOST EVALUATION OF NINE 150 KVA 1201208 THREEE PHASE RADIAL FEED ,I PADMOUNTED TRANSFORMERS 1 MADE NIL LL TL BID I CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST j COST_T DAYS _ $20,1701 126 1 CUMMINS PALIWELS 299 1591 1890 $3740 POLEUNE PAUWELS 299 1591 1890 $3,690 $20,001 126 PRIESTER COOPER 425 1'!61 1788 $3.628 $20113 91 lj TEMPLE GE 277 1370 1847 $4,466 $21.742 128 ' VANTRAN JANTRAN 370 990 1360 54,867 $22,66 70 I,j W£SCO 1 ABB 385 1275 1660 $3,695 $19,734 63 Low BID $18,580 14-Apr=94 ; 06:38 AM i i 5 1 ~enfla~~~ 9y-D2o ( +genaaRe~l~~ EXHIBIT I FOR BID 1613 i ITEM 7: LOSSICOST EVALUATION OF THREE 300 KVA 120/206 THREE PHASE f PADMOUNTED TRANSFORMERS MADE NIL LL TL BID CAL. DELIVERY f I~ BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS CUMMINS PAUWELS 4931 25351 3028 $5,0951 $29,355 f 128 POLEUNE PAUWELS 493 2535 30281 5,020 $29,101 126 i PRIESTEA COOPER $11 1989 2800 $4,679 $28870 119 w ' a991 TEMPLE OE 188 1864 2052 $7051 331,299 126.E VAMTRAN VANTRAN 830 1660 2290 $7 061 $34 371 70 WESCO ABB 510 2384 2874 $4,950 $28,465 b3f LOW BID S7,9141 ITEM 8: LOSMOST EVALUATION OF TWO 1,500 KVA 2771480 THREE PHASE RADIAL FEED PADMOUNTED TRANSFORMERS MADE NL Ll TL BID CAL. 5ELTVERY-1 BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS CUMMINS PAUWELS E 1332 10305 11637 312620 586,381 528 POLEUNE PAUWELS 1332 10305 11637 $12,365 $85,529 128 PRIESTER COOPER 2237 9589 11826 512585 $91,536 119 TECHUNE HOWARD 1594 9648 11242 $14,340 592 298 84 TEMPLE OE 554 W43 9197 $17,996 $92 808 128 { VANTRAN VANTWW 2150 6960 9110 $18634 $102,933 70 ]NEW LOW BID $83,916 ITEM 9: LOSIWOST EVALUATION OF ONE SW KVA 120!206 THREE PHASE LOOP FEED i PADMOUNTED TRANSFORMERS MADE NL LL TL BID CAL. JDEIJVERY F BY LOSSES LOSSES LOSSES COST COSTDAPAUWELS 681 3665 4546 $7,260! $42,450 PALWELS 681 3685 4546 $7,301 542,584 126 COOPER 984 4035 5019 S6,4$00~ $42.7751 119 TChAPLE OE 946 3018 3962 57,691 544,101 1261 VANTRAN VANIRAN 1135 2250 3385 $9,989 1 $50,344 70 WESCO ABS 954 3360 4319 58,600 $41,813 63J ? LOVi BID 14-Apr-94 i 06:38 AM --StiOM~NS~3LT~A~~151$L3'~Bi6'~-- I i r; 1 ` r 1 o Age w rata ►y"o~lS' EXHIBIT Il FOR BID 1613 ITEM DESCRIPTION QUANTITY DISTRIBUTOR MANUFACTUflER ITEM , PRICE TOTAL 25_KVA120/240 13'TECHUNE HOWARD 071 $10 283 f ITEM 2 50 KVA 1201240 15 P_RIESTER COOPER $ M 3 78 KVA 120/240 $1 159 i 18085 i ITEM 4 IEEPRlESTER COOPEfl S1 159 f i78 494 I 100KVA1201240 2 CUMMINS CENTRAL ' ITEMS 187KVA,20l240 9 PRIESTER COOPER $t 415 $2830 ITEM 8 150 KVA 120 208 R $ t e869 18 821 ITEM 7 app KVA 120 R 9 TECHUNE HOWARD 55.469 31 221 ITEMB 3 TECHUNE HOWARD i<707 $14121 1500 KVA 2771480 R 2 WESCO qBg ITEM 9 500 KVA 12,01208 L I I TECHUNE HOWARD i11 990 $23 980 $8428 $0428 TOTAL COST 198.241 1 i I I 9 1 AI :Ir JI{I I -I Si r It 1 I~ •r~ r r a+ ~a~ f CITY `COUNCI er e, ~ 0 Q ~ t •1 8 v e ~ tit ~ +~04 0 N ~ Flu r r r r, t r ; 0~le ~ O?~'Za ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR TLE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WF.EREAS, 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 i City ordinances; and WHEREAS, the City Manager or a designated employee has R 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 ir,vitation, bid proposals and plans and specifications therein) NOW, THEREFORE, { THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:1 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 1618 MID-STATE UTILITES ¢123,458.00 SECTION II. That the acceptance and approval of the above competitive Sys shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute allnecessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. I i 4r' Agenda No Agenda Ite Oete SECTION IV. That upon acceptance and appruval of the above competitive bids and the execution of contracts for the public works arLd improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of _,1994. BOB CASTLEBERRY, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETAR; l BYt r i I APPROVED1 AS TO LEGAL FORMt E DEBRA A. DRAYOVITCH, CITY ATTORNEY RY1_ ti r , 161~.o0m' . I ;r. 1 M J ~ C d Agenda No q$enQalfe * oate_4 DATE: June 21, 1994 .g o~0 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1818 - HICKORY CREEK SANITARY SEWER CROSSINGS RECOMMENDATION: We recou.•send this bid be awarded to the low bidder, Mid- State Utilities in the total amount of $123,458.00. SUMMARY: This bid Is for all labor and materiels necessary to replace two aerial sewer ne crossings at Hickory Creek. One crossing has been damaged earlier this year and the other is In a deteriorated state. Eight bid proposals were received in response to sixty-nine bids sent out. BACKGROUND: Tabulation Sheet, PUB Back-up, PUB Minutes. PROGRAMS DEPARTMENT°ORGROUPSAFFECTED: Collection, Utility Customers, Citizens o Denton. FISCAL IMPACT: Budgeted Funds for 1994 Account $625-082-0471-9138 with a balance of $ 204, 904.00 I ~ *Resfully e Wbitte rrell City Manager Prepared By: Name. Denise arpool Title: Senior Buyer Approved: Dame: Tom . S awl,C.P.M. Title: Purchasing Agent If0.A4i1~DA i i s . t 't r 1618 BID NAME HICKORY CREEK SANITARY JOHNSON DICKERSON E.L. PATE BROS C.D. SEWER CROSSINGS BROS CORP. CORP. DALTON PUGS LEY PEN DATE APRIL 28,'l 994 TOTAL BID ?RICE $185,075.00 $147,113.00 $297,418.95 $130,472.93 $174,491.00 BONG YES YES YES YES YES y 1818 t I ID NAME HICKonY CREEK SANITARY MID-STATE RADICH CIRCLE C SEWER CROSSINGS UTILITIES CONST. CONST. . PEN DATE APRIL 28, 1994 ~Vi3'Rl5 ; TOTAL BID PRICE $123,458.00 $162,715.00 $212,097.50 BOND YES YES YES Gomm. ~p6sldaite~t 7Bte ~C l~. d I k s, I' e S a ROSELAWN \ 0. - co I I~ f~ +penOaNa. OHO S AperMa~ Date 3. o o EXHf / Bf'f I M ~ 1993 REPLACEMENT 21"&2411 (HICKORY CREEK) rRARN BY: DANIEL BROWN CIP/ 49-0471-05 DATE: 12-08-02 -SCAM 1'x600 i l' ~ agenda Na ~gendall ate 6-21-~1 PROJECT CONSIDERATIONS • Both existing crossings could fail at anytime. • The cost of repairing a failure is very expensive. The last failure cost $26,954.47. • If a failure occurs the discharge of raw sewage goes directly into the waters of the United States. This violates our TNRCC and EPA NPDES Permits. • The project is $22,871 over budget. i • The Corinth Forcemain Project is proposed to be deleted due to actions by Corinth. A portion of the $295,000 budgeted for the is project could be J diverted to the Hickory Creek Project. 01 EXHIBIT 11 ~t BID 18 8 - SID NAME HICKORY CREEK SANITARY JOHNSON DICKERSON E.L. PATE BROS C.D. SEWER CROSSINGS BROS CORP. CORP. DALTON PUGSLEY PEN DATE APRIL 28, 1994 TY` IPIb VENDOR VENDOR R 1. TOTAL BID PRICE $165,075.00 $147,113.00 $297,416.95 $130,472.93 $174,491.00 BOND YES YES YES YES YES I 618 BID NAME HICKORY CREEK SANITARY MID-STATE RADICH CIRCLE C SEWER CROSSINGS UTILITIES CONST. CONST. PEN DATE APRIL 28, 1994 sumn i fCSN i -Y9R68H VEND0_V- Ve fbOFV__- --VENDOR lTAF I i~- _ -11 1. TOTAL BID PRICE $123,458.00 $162,716.00 3212,097.50 BOND YES YES YES f `C agendeNo. AgBndalt S Date 7 a z0 a y 7~. `j 1' - q (ELS" , 1. ,I . i r MID-STATE PATE BROS j HICKORY CREEK SANITARY SEWER UTILITIES CONSTRUCTION I UNIT TOTAL UNIT TOTAL L_ DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE CONTRACTORS WARRENTIES 1 LS $2,000.00 $2,000.00 $906.64 5906.64 PREPORATION OF ROW 1 LS $5,000.00 $5,000.00 $6,454.75 $6,454.75 EXCAVATION PROTECTION 409 LF $2.00 $818,00 $1.13 $462.17 ROCK EXCAVATION 50 CY $10.00 $500.00 $2.25 $112.50 24' STEEL SANITARY SEWER 477 LF $123.00 $58,871.00 $121.33 $57,874.41 24'SANITARYSEWER 67 LF $87.00 $$,829.00 $80.20 $5,373.40 6' CONC. MANHOLE 5 EA $2,700.00 $13,606.00 $i,M.03 $9,125.15 BREAK INTO EXIST. MANHOLE 1 EA $800.00 $800.00 $139.55 $139.55 REINFORCED CONC. PIERS 4 EA $4,500.00 $18,000.00 $4,368.31 $17,J; 3.24 ` GROUTED RIP-RAP TYP. B 368 SY $30.00 $11,040.00 $81.88 $30,131.84 i CUT & PLUG EXIST. SM. 4 EA $600.00 $2,400,00 $118.54 $476.16 REMOVE 24 SEWER 80 LF $20.00 $1,600.00 $2.25 $180.00 REMOVE211SEWER 65 LF $20.00 $1,300.00 $2.25 $146.25 TEMP. EROSION CONTROL 1 LS $4,000.00 $1,000.00 $1,127.67 $1,127.67 T07U MANHOLE 1 EA $L000 00 X000. 187.20 7.20 COST PER FOOT $226.94 $239.29 i I 3 z 00 ~ o Q .Q I I I 4 r 4 t E.L. DALTON JOHNSON HICKORY CREEK SANITARYSEWER CONSTRUCTION CONSTRUCTION _ _ UNIT TOTAL UNIT TOTAL _ DESCRIPTION QTY UNIT PRICET PRICE PRICE PRICE CONTRACTORS WARRENTIES 1 LS $6,650.00 $8,650.00 $6,000 .00 PREPORATIONOFROW 1 LS $15,280,00 $15,260.00 $s,ooo.oo $5,000.00 EXCAVATION PROTECTION 409 LF 53,55 $1,451.95 $$,00 $2,045,00 ROCK EXCAVATION 60 Cy $220.00 $11,000.00 $3000 $1.5w.00 24' STEEL SMJITARY SEWER 477 LF $m.oo $114,003.00 $183.00 $85,860.00 24' SANITARY SEWER 67 LF $200.00 $13,400.^0 $100.00 $6,700.00 I 6' CONC. MANHOLE 5 EA $4,020.00 $20,100.04 $6,000.00 $30,000.00 I BREAK INTO EXIST, MANHOLE 1 EA $3,320,00 $3,320.00 $2,000,00 $2,000.00 REINFORCED CONC. PIERS 4 EA $11,285.00 $45,140.00 $5,000,00 $20,000,00 GROUTED RIP-RAP TYP. B 368 SY $135.00 $49,680.00 $40,00 $14,720.00 CUT ¢ PLUG EXIST. SM. 4 EA $2,526.00 I $10,080.00 5500.00 $2,000.00 REMOVE 24' SEWER 80 LF $20.70 $1,656.00 $50.00 $4,000.00 REMOVE 21' SEWER 65 LF $25,50 51,657.60 $50.0 $3,250,00 TEMP. EROSION CONTROL 1 LS $3,640.0 $3,540.00 $2,OOD,00 $2,000.00 ANDONMANHOLE 1 EA 220.00 00 31000.00 $1.000.00 TOTAL FV COST PER FOOT 7 I $546.28 $340.21 it V i 1 i t, i a 1 + S h i RADICH C.D. PUGSLEY~ HICKORY CREEK SANITARY SEWER CONSTRUCTION CONSTRUCTION UNIT- TOTAL UNIT` 'TOTAL _ DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE _ CONTRACTORS WARRENTIES 1 LS $7,748.00 $7,748.00 510,000.00 T $10,000,00 PREPORATIOfI OF ROW 1 LS $20,000,00 $20.000.00 $10,000.00 $10,000.00 EXCAVATION PROTECTION 409 LF $1.00 $409.00 $5.00 $2,045.00 ROCK EXCAVATION 50 Cy $35.00 $1.750'00 $50.00 $2'600'00 24" STEEL SANITARY SEWER 477 LF 599.50 347.461,60 $110.0 $52,470,00 24' SANITARY SEWER 67 LF $98.50 $6,599.50 $78,00 $5,226.00 b' CONC. MANHOLE 6 EA $4.440.00 $22,200.0 $5,000,00 $26.000.00 BREAK INTO EXIST. MANHOLE 1 EA $2,000.00 $2,000.0 $500,00 $500.00 i REINFORCED CONC. PiER3 4 EA $5.000.00 $20,000,00 $41000.00 $16,000.00 GROUTED RSP-RAP TYP. B 366 SY $59,00 $21.712.00 $100.00 $36,800.00 CUT & PLUG EXIST. SWR. 4 EA $800.00 $3,200.00 $300.00 $1,200.00 REMOVE 24' SEWER 80 LF $60.00 $4,800.0 $50.00 $4,000.00 REMOVE 21' SEWER 65 LF $59,00 $3,835.00 $50,00 $3,250.00 TEMP. EROSION CONTROL 1 LS $500,00 $500.00 $5,000,00 $5,000.00 ABANDON MANHOLE 1 EA 00 0 -x_00 _ 4 4 0 raw ST PER f00T - $299.11 $320.76 ! CO , S sl o 1 ~ I 1 f I , 1 } I CIRCLE C DICKERSON HICKORY CREEK SANITARY SEWER _ CONSTRUCTION CONSTRUCTION UNIT TOTAL UNIT `TOTAL DESCRIPTION _ QTY UNIT PRICE I PRICE PRICE PRICE CONTRACTORS WARRENTiES T 1 LS $5,000.00 $5,000.00 $5,600.00 $3,500.00 PREPORATION OF ROW 1 LS $10,000.00 $10,000.00 $2,000.00 $2,000.00 EXCAVATION PROTECTION 409 LF $5.00 $2,045,00 $5.00 $2,045.00 ROCK EXCAVATION 60 CY $20.00 $1,000.00 $30.00 $1,500.00 24' STEEL SANITARY SEWER 477 LF $247,60 $118,057.50 $169.00 $80,613.00 24'$ANITARYSEWER 67 LF $110.00 $7,370.00 $100.00 $6,700.00 6' CONC. MANHOLE 6 EA $2,600.00 $12,600.00 $2,000.00 $10,000.00 BREAK INTO EXIST. MANHOLE 1 EA $500.00 1500.00 $500.00 $500,00 REINFORCED CONC. PIERS 4 EA $6,500.00 $28,000.00 $2,600.00 $10,000.00 i GROUTED RIP-RAP TYP. 6 368 SY $62,60 $23,000.00 $35.00 $12,860.00 i CUT S PLUG EXIST. SWR. 4 EA $500.00 $2,000.00 $500.00 $2,000.00 REMOVE 24' SEWER so LF $25.00 $2,000.00 $75.00 $6,000.00 REMOVE 21' SEWER 65 LF $25,00 $1,8215,00 $75.00 $4,875.00 TEMP. EROSION CONTROL 1 LS $500.00 5500.00 $4,000,00 $4,000,00 ABANDON MANHOLE TOTAL { EA oo ~uW.00 .00 )00011 _ U97.5 COST PER FOOT $389.89 $770.43 I i 1 O ~ i I tif 1 HICKORY CREEK SANITARY SEWER CROSSINGS FUND ANALYSIS AQe~aNo=g~~.. AOenoatt Dote - ACTUAL/ lap C3 DESCRIPTION BUDGET ESTIMATE 10,000.00 2,985.00 SURVEY 10,000.00 511.00 EASEMENT 0.00 917.00 INSPECTION 5,000.00 5,000.00 CONSTRUCTION B5,000.00 123 458.00 TOTAL 110,000.00 132,871.00 OVER /UNDER BUDGET 22,871.00 DELETED CORINTH FORCEMAIN 295,000.00 PROJECT WITH DELETED CORINTH 405,000.00 132,871.00 FORCEMAIN t OVER (UNDER BUDGET 272,129.00 J 1 EXHIBIT IV r ~f t t. t 11 aa4 CAPITAL IMPROVEMENT PROJECT 94-0471-05 ` PROJ TITLE- (R) HICKORY CRK. INTERCEPTOR CREEK CROSSING ESTIMATED COST; silo (x 1000) GROUP ASSIGNMENT: 5 DESCRIPTION: Replace two interceptor creek crossings: 205' of 24' 1. Approx. 1000 FT west of Country Club Rd. at Hickory Creek. 205' o124' 2. Approx. 750 FT west of Country Club Rd. at Hickory Creek. PURPOSE: To reduce maintenance costs and prevent pipe failure due to poor structural condition of existing creek crossings. COST . CALCULATION, Utilities Staff Estimate Design sVUC;lon $ 90,000 Easement $10,000 FUNDING REQUIREMF-NTS:CASH FLOWSIENCUMBERANCES (In Doliars x 1000) ENC EXP ENC EXP ENO EY..P• ENC EXP Ell EXP ENC EXP 1944 O N 0 10 t0 J F M 10 10 A ; M ; J 90 ; • 36 J A S 0 64 ; J 1995 0 N 0 F M ; A M i J ; A ; S ; N D J F M 1996 O A 1d J A ; S CASH EXPENDITURES ENCUMBERANCES J BONO REV AIC OTHER TOTAL BOND REV A1C OTHER TOTAL ~-J TOTAL IST YR $0 $110 $0 $0 $110 $0 $110 $0 $0 $110 TOTAL 2ND YR $0 s0 $0 $0 $0 $0 $0 $0 $0 $0 TO''+1L 3RD YR $0 $0 $0 $0 $0 $0 $0 $0 $0 s0 GR. 40 TOTAL 0 $110 $0 $0 $110 $0 $110 s0 $0 $110 ENCUMBERANCE DATES: PHASE DATE AMOUNT OBJECTM Easement Acquisition 3194 $10 8566 aQMdMNO Engineering Design 12193 $10 856018563 AWN Inspection 5194 $ 6 8562 Construction 5194 $85 9138 We Miscellaneous ENCUMBERANCE TOTAL $110 i COMMENTS: EXHIBIT V 311 5193 1 3:14 P S . 4 l I iaav C;APIFAL IMPROVEMENT PROJECT _ # 94_0471EIC PROJ TITLE: (I) (1993} UPGRADE INTERCEPTOR ESTIMATED COST: $650 (x 1000) GROUP ASSIGN 1ENT; 4 ii DESCRIPTION: - Corinth Forc Lift Slation to Interceptor 8112____• _ 5,400 LF_ __$_295,000 6115" 2,580 LF 5230,000 Chisholm Trail Area Cordova tc Stuart Yellowstone Kings Row to Monterey NAJ12" 9158 LF 661125,00 650,0 0 TOTAL PURPOSE: To increase capacity of the interceptor and prevent sewage backup -into the surrounding area. COST Design Esttmate $ 65,000 CALCULATION: Construction Estimate $595.000 FUNDING REOUIREMENTS:CASH FLOWSIENCUMBERANCES (In Dollars x 1000) ENO FXP ENC EXP ENO EXP ENC EXP ENC EXP ENO EXP i 19940 - N ; D 270 135 J F M 135 A M J 325 160 J A S 165 1995 0 ; N 0 ; F ; M A ; M ; J ; A S ; 1996 0 N ; D J F M A ; M J ; J ; A S ; ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV A1C OTHER TOTAL TOTAL IST YR $595 50 $0 $0 $595 $595 $0 $0 $0 $595 TOTAL 2ND YR $0 $0 $0 $0 $0 $0 $0 $0 $0 s0 TOTAL 3RD YR $0 $0 $0 $0 $0 $0 $0 $0 $0 so GRAND TOTAL $595 $0 s0 $0 $595 $695 $0 $0 $0 $595 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT N General Purchase Engineering Design 3193 $55 856018563 gelldaNo, 91/- Inspection -3/94 $40 6562 lgendalf 7 Construction 3194 $555 9138 Miscellaneous ~Se r ENCUMBERANCE TOTAL $650 COMMENTS: This is a multiyear project beginning in 1993. Encumberanc5s: Prior to 1994 $ 55,00 Current CIP $595,00 Total Project Budget $650,00 j 3!1619313:33 Pg i r i r 4 r r j• 5 ~endaNo 94-OPB Agendalte Date 44 W x-94 1-5 OVIJ o ZQ I C 7V of DENTON, TEXAS muencIPni. 2Ll l i`pir.' DE11 fON, T'::( A5 76101 TELEPFf011E (8171566-82 May 8, 1991 Executive Director Texas Water Commission P.Q. Fox 13081 CAPitol Stan] Austin, Texas 18111-30B7 Attn: WAstewAter Enforcement Sectinn This letter Is to inform yon of a rlisrlrnrge of raw sewage from the collection system of the city of Denton TWC Permit 000010021. On 1-22-91 collection system persnnnel located a break of A wAmtewater collection line aerial crossing located on Hickory Creek approximately 250 yds downstream of the Bonnie arse Street Hickory Creek crossing. It APP,nrn that a large tree near the aerial crossing wAg undercut by erosion and foil on the line breaking or weakening the i plers. The tree And other debris formod n dam behind the crossing and the force of the water ultimately broke the Morn holding the line In place. This crossing had been in service 8 yearn without Any problems. We feel that the combinAtinn of the tree falling on the line And the debris dam behind the line created the unusual conditionA resuliino in the washout. When the hrPAk was located field serviro crews and the municipni laboratory were notified. Fly 5:00 PM on 4-22-91 fiold crews had set up A temporary pumping system trnnsferring the sewage acrnac the reek Into A le. manned continuously to ensure tbAt no further discharge mofhnewngeTwouldoccurr j while repairs were being completed. Fiold crews hPgAn chlorination the creek at ~Jr 20 minute Intervals while the tempornry pumping 9y,4tPm WAS Installed. SAmples were collected for fecal coliform and nnalyxed at the Denton Municipal Woratory (Attachment 1), Three sorlinns of dnetlle Iron pipe and the concrete plers were replaced. The mechanical cons was replaced with uniflange pipe increasing the strength of the span. Suhstantial dilution via occurring due to the continued runoff from the storm which apparently caused the line brenk. No fish kills were of the discharge of sewage or during, snhsequent chlorination, ofethedcreek.ieNelt estimate that 1.2 million gallons of rnw sewage wns Acci dentnily discharged to the creek. EXHIBIT VI . y, t 1 4 8 E 1 igendaNo. Ax'Td Z ferns ti'ntrr mmigvinn gedaltb w + ate rngr 2 I ~6 d ~ZQ mr Clty of Denton nn{leavora t.p precpiil. these I.Fpes of inr,id?n1.g from occurring. To prevent, thin type of line brenk from nccurring in thr future the City will redesign the aerinl crovgintta on Ilirl:,iry Creek to fortify them agalngt the harsh rondltiona daring flood gtnge. 11{^ t'ilF will replace this nerial crossing this summer daring dry weather c milLione. It yo{i hnvo any gnestinnn regarding Ihia report, please contnct me at 18171 189-7527. Sincerely, f m•Crniltrr, FnvlrnnmrnLAl Srrvires Adminint.rnLor Ii 1 t{ ves Larry Forgnxon, TWC IllgtricL 1, Duncanville f finwnrd Martin, Director F.nvironmrntal Opcratlong Rill Brown, Superintendent Water/Sewer Field Services Fll.F:02211..1(N; D13K:04 r r 1 fP" 1 S I 1 f t Fj~ 1 i e C i Agenoa:(errl2~ IEX A 1 V.1A1f?fi r;Ofdf.4IF,-10tl C1 ~1r r s17WA1:r nmA, , rirponr p Ilmm' nlt'nnninnn' rills r,f V,,riI ,i, I'nunillht. 1;ii11111fl021 County: nrlUnrr TWCf)nr1lnnlJlShkl lhrncn11VIIto ^-nalcaandlorallonoll)ypt;S(%VWIV.III5tannn,r,dln,finnl1,14.ri,nr}: APIAAI crnr.aing nr Hickory Clerk. rascal lip Iornt nil nI,IV . 2±n t•de rnsl ''I P,ulU le limn St. it irkory Creek (:rnrgJ lip,. Causaof nypass: It api,enre. tint n imps trrn undercut by erosion fell in the title 1) renktug or weAking the piers. lilts Irre In addition to other debris washed dow'nstremn 60 It tip behind the crosslnp and Lhe r„lre of the water ultlmntely broke the piers holding thr crot;4ing In plncr. 11krhatrlall0111n: Illcknry CrreY rsbmnlndvalumo: 1.1 mlI)loll gallons Isurntion: Whnn(Ingun 4/12/91 III)AN Whonf:ndnd /1/12/91 5:00 I'll tllaml Illmnl {semi (Ib,r,I or When r-ypoelnd In Ire Cnrraclod Ipllrn) 1 Acllonstaken to MittyaleAdverse Effects(rnslnlocllon,cnnlalntnonbcloanup,olhor): Creek was dislnfected with 11111 Chlnrlne, pumping eystrm wns r.rt lip during repairs to pump sewage ncroas creek Into collection flan. Monharkxd Unta: ! ( ) Yes ( )110 rlekl Mnasuromenls. ( n) Yes ( ) No 1 alhnratoty Sauy,Ms. ( )Yen No rlsh Kin. II yes, aslln,ein nualbor HIM. { )I-too ( ) )on•tonn ( ) to,000-loo,000 ( )Over I milnon ,J ( ) 10.100 ( ) Innn.ln,ooo ( } 100,000-1 n0lon 1 ffole: nata should be Atlached or subrnltlad In I WC when available, Actinnstaken to Correct Hie l'roblemand f'revenlnnrinlnnre: 3 aectinns of r':Ictlle iron pipe and plers were replaced. Concrete piers nmI footings were reconstructed. The City of j 1)eiitntl will redesign this creasing and In considering relocntlon of the crossing to n more accessible area. Coustrnctinn r„I this project will begin during low flow douditiorls thin summer. Olhor Commanb: ri Informnlioaflnpotledny: Jim Coulter Environmental Services AdminIntrntor (ffnnM) ern.) nale neporter): 4-23-91 telephone (817 ) 183-7527 j Slynorl: ~ li rvnnl Ilm.) tW'Mn1111mr Innhnnl 1 0 s f t' +gWoNo -D ;cytendait ate _..6- ~Sa>~ CITY of DEWON, TEXAS muNlclrAL PU11.0111G UEN 7011, TEXAS 76201 f ELEr'HONE 0171 566.1 11r H0RAH1) uIt '10: Rill Brown, liverinl.riNfrnt-of water/Sewer Field Services FIZ<JM: lull "Crollouglt, rretr~mtment rropram Coordiftltor UAIF.: April 29, 1991 rF; Resr11l9 of Arwilyses Cnrnktct.ed an OlsciA y,? from Ilickury Creek Grip Brenk srwJ hickory Creek I the followino tnblr rppreeent± tlr results of 9amtsle9 collected a+ April 72, 1991. from Hickory Creek collection sy9tPM. And hickory Creek. 3.smples j wore collected fnilowirq notirirntiar on April 72, 1991, of n 21'- wm9trwnter lirw break Across Illckory Creek in the vicinity of l"mLe Orne ~ aixl Rose lawn. ' location of Sample pll fm ISS Fecal Coliforraa Collection (mg/1) (my/1) (I10./100 MI Sample) 1. tllsrhnlge frnm 1.10 ISO 309 2.060,040 broken lirw 2. Illckory Creek 1.75 7.5 if, ILO lrpetream 100 yrl9 3. 11ir:kory Creek 7.A5 35 18 25 ,000 I1nwn9treem 50 yr19 'A h' ~>N i y 020 ~A+IndeNo. ' ;Qendal;s Bill Brown 118 ' Page 2 ~q G I Summary: In a coaparisal of analytical rraults fur samules coklecled Mil ~ 1941, from tha Ilickory Creek this discharge arK1 midstream 50wyarrrJsr downstream in Hickory Creek, the following trerKJs are evident: 1. Fecal coliform count reduction - 08% 2. 800 reduction _ Bn-t 3. ISS reduction _ 19't Bill Mccul lough, Pretrf rent Program Coordinator kkn cc: Ikward Martin, Director of Enviroiaiental q)arations/Fiirrancial Administration Jim Coulter, EnvironKental Services Administrator File II r 1 02DBL:0S I . A A WaNo~9*a-- Agendall Date 1 & CONSIDER AID OPENING 01618 FOR CAPITAL AIPROVEMF.NM Zt~ ~6 2 PROJECT IaCKORY CREEK SANITARY SEWER CROSSINGS 3 Allison presented this item with a slide presentation of the existing crossings, 4 saying staff and the Engineering and Transportation department recommend award 5 of the contract to Mid-State Utilities for the amount of $123,458 for the 6 construction of the Hickory Creek Sanitary Sewer Crossings. Allison summarized 7 the projects saying the Hickory Creek Sanitary Sewer Crossings consists of the 8 replacement of two aerial crossings in Hickory Creek. The total footage to be 9 replaced for both crossings is 544 ft. Bids were opened on April 28, 1994, with 10 a total participation of eight (8) bidders. Mid-State Utilities was the lowest 11 qualified bidder in the amount of $123,459. The next lowest bid was for 12 $130,472.93. The highest bid was $297,416.95. The bid is $22,871 overbudget. 13 Staff recommends that the $22,871 over run be taken from the available $295,000 14 for the deleted forcemain upgrade project which Corinth will now repair by re- Ii 1 15 routing their sewer. made a motion to approve the bid and expenditure of ~J 16 funds as presented. Thom so seconded the motion. Motion passed unanimous- 17 ly. 18 9. CONSIDER APPROYAL OF DISPOSAL OF WELL SITES NO. S R R 19 Allison said the wells on sites no. 5 & 9 were plugged and abandoned last year. 20 These sites are no longer essential to continued effective utility service 21 Or:;inaliy, Well Site No. 9 was going to be disposed of also, yet it has been 22 delayed until next fiscal year. The City Charter does not allow essential utility ai\draftmin.516 8 i CITY ==COUNCI 21 O*° . 4 G t G O Q e ~ Y 8 r 4 APP W - 0~ AQeNdatt (June 21, 1994 10 7/5 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager RE: CONSIDER REVISION OF THE SOLID WASTE CARDBOARD RECYCLING RATE ORDINANCE RECOMMENDATION: The staff recommends the City Council approve a revision to the Solid Waste Cardboard Recycling rate ordinance (schedule SWY) to reflect more competitive rates for compactor service. The Public Utility Board will review this at their meeting on June 20. i ! SUMMARY: ( The Solid Waste department staff recently approached a large commercial customer concerning initiation of cardboard recycling service. The customer indicated that a competitor had more attractive rates, but that the customer would consider City of Denton service if the City of Denton rates were revised to be more competitive. I The attached Exhibit provides a revised Solid Waste Cardboard Recycling rate ordinance (schedule SWY) that has a lower monthly rental rate for the 30 cubic yard and 42 cubic yard compactor. This revised rate is competitive with other providers of this service. FISCAL SUMMARY: t' The revised rate should generate additional revenue by attracting customers with a more competitive rate, even though the revised rate is lower as compared to the current rate. Respec fully submitted, Lloyd Harrell, City Ma ager a 9 74 i ~endaNo 9~" AgWalt -Zl We CITY COUNCIL AGENDA Z PAGE 2 Prepared by: R. S. Nelson, xecutive Director of Utilities Exhibit: Revised Solid Waste Cardboard Recycling Rate Ordinance (Schedule SWY) i f j IiI i it l s y e r , r 4 ~k y s t r 1 1 v endaNo Et\WPDOCS\ORD\94SWRATE.ORD .y r- I Agenda}t / Date 2 3v T ORDINANCE NO. 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; ADDING A SEPARATE CHARGE FOR YARD WASTE DIVERTED FROM THE LANDFILL; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the charges for certain solid waste collection services as authorized by section 24-42(b) of and Section 24-4 of Chapter 24 of the Code of ordinances, and adopted with the enact- ment of Ordinance No. 94-051, on March 22, 1994, are hereby amended for the use of the sanitary landfill and for commercial/institu- tional recycling service, so that the rates for same shall be as follows: SCHEDULE SWL I j SANITARY LANDFILL USE k (Effective 06/22/94) 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 and station wagons, $ 5.00 pickup trucks less than one-half ton. 2. Motor vehicles with a carrying $ 16.00 load capacity of 2 cubic yards but less than 5 cubic yards such as one-half ton pickups. 3. Pickup trucks with side boards $ 50.00 and all other vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards. r , i i t ,t4 i s AQen4a Mo. 4 -C9ZQ .~enea~t9~t~. Dote 6 -.2/-9 y. 'iehicles 'lith :ar_,. tl 7 in excess or ,ucg`apacit,; ; :J bi 00 less than :5 'gut ,5, :l:b1C :'aYds, 5. Vehicles with carrying ac t! in excess of .ap 15 cubic yards but $100.00 less than 20 cubic yards. i 6. Vehicles with carrying capacity y in excess of 20 cubic yards but $150.00 less than 30 cubic yards 7. Vehicles with carrying capacity in excess of 30 cubic yards but $200.00 less than 40 cubic yards. 8. vehicles with carrying capacity of 40 cubic yards or more. $250.00 86 REGULAR COMMERCIAL USERS The City Manager may enter into contracts with cial collection service companies for regula private of the sanitary landfill site at the following rates: Residential and commercial garbage $ 5.00/cubic yard or $ 16.50/ton Rubbish (trash) S 5.00/cubic yard or $ 16.50/ton commercialdgarbagresidential and $ 5.00/cubic yard or All such contracts $ 16.50/ton disposal and delivery a ma contain of operation s necessary forntheiefficient operation of the landfill site and the method of billing and collection for such use. C. TIRE CHARGES 1 Automobile tires Charar Tire quartered or halved. t shredded, $ 2.30 2. Truck tires not shredded, quartered or halved. $ 4.60 ! PAGE 2 I r 01wo No Agendas am.~. Dale -2 - So 7 D. SPECIAL WASTE _!t:a Per Cub'c ar Disposal of "Special 'Paste" -is ; 7.50 defined by the State of Texas Municipal Solid Waste Management Regulations. Acceptance of special waste is subject to Federal and State laws and regulations, an9 the City has the right to refuse to accept waste. E. UNSECURED LOADS Rate Per Load Applies to solid waste load that $10.00 are not secured with a tarpaulin or other equipment that prevents material from spilling along and within the right-of-way of public access roads serving landfill site. F. YARD WASTE CHARGES Rate Per Ton Applies to vehicles and trucks $ 8.25 loaded exclusively with yard waste (plant clippings, leaves and tree trimmings) when the yard waste is diverted from the landfill for composting. LIMITATIONS i 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 not entitled to a refund if the face value of the permit exceeds the current rate. PAGE 3 { y' S i 'f 1 A9901% t7ate - z / - 9e/ 9 017 jC:IEDULZ jwY COM~RCIAL/INST.TUTIOt7AL CARDBOARD RECYCLING (Effective 06/22/94) APPLICATION Applicable to commercial or institutional customers that receive separate recycling service in dedicated recycling containers. ~SITHLY RATE A. DUMPSTER RECYCLING SERVICE (8 YARD DUMPSTER) Number of Times Rate Per Collected Per Week 30 Days f 1 $ 50.00 2 100.00 3 15D.00 4 200.00 i B. OPEN TOP RECYCLING SERVICE 'Type of Rent Pgt 30 Davs Service Charge 30 Cubic Yard $50.00 $135.00 40 Cubic Yard 65.00 135.00 C. COMPACTOR RECYCLING SERVICE s Type of Rent Contaimr Per 3__ O_Davs Service Charge 30 Cubic Yard $125.00 $135.00 42 Cubic Yard 150.00 135.00 - 1__- a r k 1 ~f 9~1-4PC1 4pendaN0 4peada11em S'- 7'C ^ ~o F7 I SECTION That if any section, subsection tence, clause, phrase or word in this ordinance, poraaappli ion sen- thereof to any person or circumstance is held invalid byany court of Competent jurisdiction, such holding shall not affect the validity of the remaining Council of the City of D nton, Texasfherebydeclares ~itnwould have enacted such remaining portions despite any such invalidity, I---~?i?t That the Schedule of Rates herein adopted shall be effective, charged and applied to all solid waste collection occurring on or after June 22, 1994. PASSED AND APPROVED this the day of 1994. f BOH CASTLEHERRY, MAYOR { ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY BY: LZ f, PACE 5 f alm- . ±"Co UNI • •re ~ r AQPdilt r tats CITY COUNCIL REPORT FORMAT T0: Mayor and Member of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER APPROVAL OF AN INCREASE TO BAKER-SHIFLETT/EMCON CONTRACT SCOPE OF WORK FOR GEOTECHNICAL INVESTIGATION OF LANDFILL EXPANSION OF AN AMOUNT NOT TO EXCEED $66,700. RECOMMENDATION: The Utilities Department recommends approval of the contract amendment with Baker- Shiflett/Emcon (BSE) for an amount not to exceed $66,700. SUMMARY: This Amendment is for the additional water monitoring wells around the existing landfill and proposed landfill expansion. As a result of the hearings for the Sentry landfill in S. E. Denton Co., the State TNRCC has revised } their regulations to require a monitoring well each 600 } feet around a landfill. The firm of Baker-Shiflett/Emcon j (ESE) is presently performing similar geotechnical work I related to the landfill permit and design. The added cost is $66,500. However, it will be possible to reduce the fee of the consulting firm of HDR by $25,0000. HDR is doing the primary work for the permit and design. HDR's contract will be amended later. BACKGROUND: The City of Denton has retained the services of HDR and BSE to provide professional engineering services for the i landfill expansion. This Amendment will revise BSE's j contract amount from $110,537 to $177,237. HDR's contract \ ^J1 will be revised at a later date. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton,Denton Municipal Utilities, Baker- Shiflett/Emcon and HDR Engineering, Inc.. FISCAL IMPACT: The Solid Waste Budget will see a net affect of an additional expense of $41,700. $25,000 of the Amendment will be added to BSE's scope of work and the same amount deleted from HDR's scope of work. REAyd. Y SUBMITTED: E 1 rrell, C ity Manager 3 6'A't1 •7.v. I A y"oa, ApendaNo 9 - Ap Wa4 nOWM Date ' Prepared by: 0lose wet L1, ~ 1. Lee K. Allison, P.E. Director of Water Engineering and Operations I Approved by: Robert E. Nelson, P.E. s Executive Director of Utilities Attachments 1. Contract II. Ordinance i i i , t' Ski i :i i 5 f 3 L' r f # ~ f:\LPUOCS\OR9\RAKER.Alp agendaNO. - Agendal S' Date ' of $ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR EXPANSION OF THE LANDFILL: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute an amendment to the agreement between the City of Denton and Baker- Shiflett/Emcon relating to geotechnical professional engineering services for the expansion of the landfill under the terms and conditions contained within said amendment, a copy of which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expenditure of funds not to exceed One Hundred Seventy-Seven Thousand Two Hundred Thirty Seven ($177,237) Dollars for the services required pursuant to the Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: h r . i 4nnaano 941-0M_ Ate 4-.21701el e 3e AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BARER-BHIFLETT/EMCON, INC. THIS AGREEMENT is made and entered by and between the City of Denton, Texas, a municipal corporation situated in Denton County, Texas, hereinafter called the "City", acting herein by and through Lloyd Harrell, its duly authorized City Manager, and Baker- Shiflett/Emcon, Inc., an independent contractor, acting herein by Michael N. Shiflett and through its duly authorized President hereinafter called the "Engineer". W I T N E S E T H That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto co hereby covenant and agree to amend the agreement dated March 1, 1994 for geotechnical services for the landfill expansion as follows: 10 SECTION I - SERVICES OF THE ENOINEER: The addition of the following language to the end of section I: Hydrogeological analysis and consolidation tests as set forth in Attachment B. 2. SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES! ~J The addition of the following language to the end of Section II: Engineer shall perform additional scope of services as set forth in Attachment B attached to this document. 3. SECTION V - COMPENSATION TO ENGINEER: i The first paragraph is amended to read as follows: The total compensation for all of the assignments to be per- formed by Engineer as described in Section II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES hereof shall not exceed $177,237. All other provisions, terms, conditions and obligations of the Agreement between CITY and ENGINEER which are not expressly amended herein shall remain in full force and effect. Said Agreement and this Amendment shall be construed together as a single contractual agreement. i s f` l Ag9ndaNo ' Aomdaite Gate - 56.p82-IN TESTIMONY HEREOF, the parties have executed the Agreement, this day of 1994. This Agreement is executed in four (4) counterparts. CITY OF DENTON, TEXAS s t BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I~ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: J BAKER-SHIFLETT/EMCON, INC. ~J MICHAEL N. SHIFLETT, PRESIDENT ATTEST: i ; BY' d Et~L9DOCSV~WUCEE.J4C i PAGE 2 .r i , .f c 4 F 9 AgendaNo _ : Agendaltim -s r-1 I l;ii9+I'A Boxer ri`: l i ^ 0 June 9. 1994 Proposal 940-94-05-013 Mr. Howard :Martin Director, F.nv'ronmental Operations and Financial Administration City of Denton 901-A Texas Street Denton, Texas 76021 Dear Mr. Martin: Attached are two documents which I hope will answer any questions you may have regarding the hydrogeologicai Scope of Services related to the permit application for expansion of the City of Denton landfill. The rust document is a discussion that largely mimics the topics that Tom Baker and 1 talked with you about during our meeting of June 3rd. It contains several illustrations intended to provide examples of the level of effort required to complete a hydrogeologic study that will result in an appropriate groundwater monitoring system. The second document is a proposal Scope of Services that includes cost estimates for each of the tasks. We have included a contingency estimate which is provided for your budgeting convenience and would not be used without your prior approval. We understand that you will prepare the contract documents associated with this scope if you find it acceptable. Please advise if you need additional information, or if I can answer any questions. Also, after you have reviewed the documents please let me know if you need me to attend either meeting on Jura 20th or 21st. We appreciate the opportunity to work with the City of Denton on this important project. Sincerely, CON Baker -S 'fl ett, Inc. NI'ichael Snyder, .P G. Thomas D. Baker, P.E. Senior Hydrogeo st Senior Engineer Attachments: No. 1 (6 pages and Figures) No. 2 (9 pages) ATTACHMENT A F'W13701DENTON•L.W9-94*1 r j t f i wdaNo 9 Agendaltem Date To fl ~2 ATTACHMENT 40.1 CITY OF DENTON, TEXAS PROPOSED LANDFILL PERMIT APPLICATION DISCUSSION OF HYDROGEOLOGICAL AND GEOTECHNICAL SCOPE OF SERVICES Prepared for City of Denton June 1994 l I I Prepared by EMCON Baker-Shiflett, Inc. Engineering and Environmental Services Fort Worth, Texas a c' Proposal 940.94-05-01 i 3 i T" ti F..:.v ;w} .V Mla No {`9re Apendattem LLS~#7D Date a!-4u T otaiZ CONTENTS TABLES :AND ILLUSTRATIONS INTRODUCTION t I HYDROGEOLOGIC ANALYSIS 2 GEOTECHNICAL ANALYSIS 4 j i t. r°. V l+ FWM0fDD=N-F.6W94/plo:3 ROY. a. 06Mx91 vea~..osais iii 4 u i r • ~ r, at~ 1 r ~ M.f :s •,1y~ 5 ~gendaFto Apendalt A= - Date 6 - q ~P I TABLES AND ILLUSTRATIONS I i Figures 1 Geological Maps 2 Pump Test Analysis Graphs Pump Test Analysis Graphs 4 Pump Test Analysis Graphs S Calculation 6 Calculation 7 Calculation 8 Pump Test Maps 9 Potentiometric Surface Maps 10 Hydrographo 11 Hydrogeologic Flow Nct Cross Sections 12 Hydrogeologic Flow Net Cross Sections a 1 1. r. Rev. 0. "M FW W0/DUMN-P, W6.941*4 940-9445415 iv r s,. ti I ~ T II agendaNo q A$erdalte CL Dale INTRODUCTION Implementation of the new TNRCC Municipal Solid Waste Management Regulations in June of 1993 which were promulgated in response to U.S. £nvirorunental Protection Agency (EPA) Subtitle D rules have created an increased level of hydrogeological, geological and geotechnical site characterization requirements for Municipal Solid Waste permit applications. These increased requirements are largely focused on nvo areas of concern. 1.) The analysis of hydrogeological conditions related to the analysis of potential contaminant pathways for the purpose of groundwater monitoring system design and 2.) the geotechnical analysis related to the design of new composite linerslleachate collection systems and the stability of designed slopes. A discussion of these two areas follows and includes figures intended to illustrate the type of hydrogeologic analysis that is necessary to comply with the regulations. Also included is a summary table which references the specific regulations and contains cost estimates for each item. i Under separate cover we have also provided a scope of services and cost estimated for your use in preparing contract documents. I I i MME UNTON•P.W&Wgio,3 Rev. 0. 06Ti91% 940-WOms i z' i 4. PA, i -gentiaNo. Agendall Dale O-P 1 HYDROGEOLOGIC ANALYSIS The new regulations require hydrogeclogic analysis of the most likely pathways for pollutant migration. These requirements are contained in both Subchapter E (Pemtitting) and Subchapter 1 (Groundwater .Mortitoring). The rules call for many specific items which were not previously required including: • Thorough characterization of aquifer thickness • Characterization of the aquifer and the lower confining unit (aquitard) • Identification of the uppermost aquifer and any lower aquifers that hydraulically connected • Groundwater flow direction including seasonal and temporal fluctuations. This includes generation of hydrographs for each piezometer. • Groundwater flow rate • Design of a Subdtle D groundwater monitoring system I A hydrogeologic analysis designed to address these items should include the following: • Geologic traps necessary to characterize the aquifer and lower confining unit (aquimrd beneath the aquifer). These maps may include structural contour and/or isopach maps of both the aquitard (Grayson). Figure 1. • Aquifer test (pump tests) and related analysis to determine hydraulic relationship of more than one zone. This is particularly applicable to the City of Denton site where two apparent water levels have been observed. (Figure 2 through 8). • Seasonal high and low potentiometric surface reaps to detect groundwater flow direction changes (Figure 9), FW/3=EMN-P.606.91/pjo-3 Rev. 0. 069 M 410.9145-015 2 s. i i NOW- i Y r I ~pentfahlo 4g~~dall +>~te , 2 c 3 z Ilydrogeoioeic tlow net•type cross-sections intended to provide interpretations necessary to evaluate the likeiy contaminant pathways. Contaminant pathway analysis is needed to desion a Subtitle D iroundwater monitorine system. (Figures II and 12) i i i y b ' t. t' 1 ifr i t y ` yet L , oi4s-0dvsmrr-►.eo~ssrop:~ 3 nom. o, ab w w I ` Y4 r d, Y sk M1 R Y f S +~endaNo. y i Agendalt ~ 71~____. Date 'Z 1-3-o 2 GEOTECHNICAL ANALYSIS f New Subtitle D design criteria for landfill containments systems include a composite liner ' and leachate collection system. These components require a more detailed analysis of the design slopes. Also TNRCC is now interpreting the rules to require settlement analysis of the proposed landfill subgrade for total and differential settlement. In order to conduct these analyses, additional geotechnical laboratory testing of site soils will be needed. These additional tests include triaxial and direct shear which provide angle of shear and cohesion, This data is used in the slope stability analysis computer program that HDR will perform. Consolidation tests will also be required to provide background data for use in HDR's settlement and heave analysis of the landfill bottom. .y r r , 1 t FWd2ftENTON-P,5WWpjc:] REV. 0.06 09 9/ s"r ~o.~-os~ts 4 1 Sy D r ,i f z i Agenda No. Agendaltem Table 1 Oete Estimated Rule Requires Cost 30 TAC §330.56 d(5)(C)(1V Subsurface Investigation Report requires an analysis of the most likely pathways for pollutant migration (see below). Additional hydrogeologic interpretation S3,000 related to the analysis for two zones. d(6) Monitoring system that meets the requirements of 330.231 (Subchapter 1) this ties the permitting requirements to the groundwater monitoring system requirements which require the following 1330.231(e)(1) • Hydraulic characteristics of aquifer - pump test $ 5,500 • Groundwater flow direction including - seasonal analysis of 3,000 seasonal and temporal fluctuations in precipitation J flow Including hydrographs 11500 - seasonal night low potentiometric 1,500 surface related hydrogeologic analysis Design of monitoring system which - geologic and 3,000 considers contaminant pathway hydrogeologic migration - including geologic and conceptual modeling hydrogeologic conceptual modeling 10 940.92OS-0IFNTGN P.606-9UPjo'J 5 tier. 0. 06/09,91 fi Agenda No -0ZD Agendalt Date `9a Estimated I Rule Requires C ost additional geologic 0 00 and hydrogeoiogic cross-sections (flow net types borough characterization of aquifer additional geologic I,500 thickness and lower confining units mapping including isopach map(s) and structural contour maps of the aguitard Increased expense of report - report 6 .000 (Attachment 4 and 5) related to these items 330.200 and 330.203 Design of containment system and slopes • additional 5 000 geotechnical lab testing Cost of Subtitle D Geologic and Geotechnical 339300 Previously submitted cost of Attachment 4 and S j 25.000 Contingency - 15% 8.700 TOTAL FSTU-IATE $ 66,700 ADDITIONAL SERVICES This assumes geologic, geotechnical, and hydrogeologic analysis of the proposed site. It does not include interpretation of analysis of data associated with existing landfill should it be requested or required FWYi10(DEMN-P.6064upio:3 Rev. 0.06/09191 9404"s4ts 6 i ti Y r . N P~ 7 1 _N i[[i Iron n r,. ;ot I 1 1 r q t I `1 0 [ ~I { fly -m•a b.. -`v..a ~ !i r M . ~ M j 6.15 ~ i _ _ r.iY .r• p r _ k T'IC4SP 1 - ❑ I 042 aa- t p.AOM A . 1 N [ - - - - - - 610 r 44 ->A MO An,r. •t♦ S . Ip I o.rtt csnw. u.nu Oct-1 N{ ,w A[IR~ f M M j - • ;berm. - a~, 4'a/Y C 1, rW N A~Y.aal~iR + Io♦.. 1 ~ . aosrY.w s n u R[.a Rraa •r, ,Y., i ,s.ls,,. FIGURE 1 - - - j]a smu'1ur1eL r,exlcuR rw 'Jr nrt ror re ua outlal 1Lm Rripm tx4r';kt . c a 1w ar cnnrv EIICOA Baker-Shiflett, Inc- rc. X ® CCNnG Mb CN.IR]rl YIk y41KL5 G fC; Mr\FMBER 1997 i~:Y~ 1`., h) -ro• gq YI 0 rlr r.X ir,,pl,yr;, I ~ ~C i r On.^ r L = ' - I - - - - •-__w ~ - Lill 40 _y - n It t77 7A Sem7•LuI~RIA i ,,,~tk„ ioeetMleeR r1 y /VMOOM~IO ,a QI ICI VV r~ - S v ~ Fps 1 r _ c 3 a l ~ r 1~_ ^ CLUX Uz" I 1 11 ~ G I II ` y i C , ° k J ° y - f c i F i .v V f Z PROJECT irr E: ~"Jrr- - r -30~:.. •0: DESCRIPTION: r4 cc : c - CALC .NO: SHEET_...OF~ CHKO BY: DATE ' horn DATE: 0) 0` REP. BY: K . REFERENCE Lr io6c«In lL.. Itt . A -Ch y ID gib = Ic ag ,s.6 Min - c.cu aay - 0 A T = 63.55 l 3 g~{ (C. q 01 ~?St) S~ = cannot be ULkc,uixted bcco"u;;c b It.Sfr Y _ 12.911 A;Aa.i L D119 A/c{x~ _ ,a-5crrf/5 1a.5~r 1 A+ wvdchpdtnt7 A 'fyy~ ~~~rJC. - 110-1, - D.R. ~t I.lo'1 , 0.01 LLA 100 W A) I1,100.1 m ~ z p.o59d ' . 5rn n °W 8 y = 0k Sys Cannot bc. Co~lc. s1ncC, c- O 5 W416 t~ 522 11~a. Is, s t ~y FIGURE 5 ~ib(OA Baker-Shiflett s 9 a,c T . . .t + . ,11nF7 7f5CRiPTtON:rr - 'C'~~ • .r'LC 0: 3NE.1_OF ~i glPREP. BY: DATE: - - ;HKO 3Y: i JAT'c: ~ ~ 7r:rc+pAl 3,fE:"cn ,i EFERENCE oroced~re ~rorn rvsen^tr, . = = . 'der ' ~~Flt►~.'Sh - 7hC„~,a;, I`IE~SiCd !t pbb;t ~ ft I P1 --I ~u Pis 4 ' Rw{ P2 03 ~f ru man l5'15 `-4 r }Cb+' 12.99 k'~d0.4 -4 .~0' 10'4 .5.72410.4 t2.iE1, 10-6 11/ Z. KD1 22.99 W/14'4 KDL = ;LA.95WI/d au -=i(5.t7,iD'~~ -;,Z7~1o'q O ~a _ _Z.1y x104 - 9.01 „ Ki1L - ~A. °J ft~cla,~ ~ 1 K~9 ' 9.19 4t~~do~ $3 4([',30 xID'S~ :5.2x10.5 O s n 5.2 00-5 S, b6 x10'b~/FEL "s 9,1164 day I Kbe or eAechve- tran%misswi4l 1c; 2,1.99 aVg or V, 0. ti3 z~ •9s 4ydml 9.t9 d~z r .fi 'S'r IS oW. S 9.t7,1o-6 KDr% ~.;p x10' 6 4.033300-5d~?./3 - ' 34 x ti0'S1/4 2. ~enSt~ec~ ~111^.C to deWmine A, and b - See rIUC+ (red ob~rV~L -ti ft a.rd draux+" :nn ci-: to i.r^oorc time. -4iGC t , r1no tia -h ror SOOmin obsefvaatton wC4i5 I FI o,oH? ~'i e~D hp-h • o,o47 D3 ' 0 , O+I7 ~t Qrk FIGURE 6 nil1COA Baker-Shiflett S 1. 1 1.1 , i t MN' E ry.. ♦ y k 4 4KK r _ JV1\4F J 111,~.1 f ~TiC~. ROJECT RC c.. ' _ ~ALC +0: SHEET _OF _ DM;RIPTON: PREP. 9f: ` ;rEr^ DATE: - :iiKD 3Y: DATE: N 0 REFERENCE 1 c 00 M ~ ~ ~ '7 C.t47 yr 4 s l -t { s ~b0 m1s1 . C 47 °la10.4 h! ~ r G. I p~ c.c2g 6 DA c.cg5 a = 760 4 b = 29oft 3. Drechonal lramm eswi4c~ %n the Nc. slant i 3 (KO) wa r,~t Ca~Cvviatcd Fot bcGa4:e If~t=t: h'a~-,sr,~~-:u1~~ { 1~.1E~C Caki~I~~c~ +~•1... •1i~r~s c►~rvG n~c1~,.od+ i KDy~, s 4B! 15 ~%d F CKD C.) = 74 oFt = ti! oz Ft2/~ r r r fY. r~tia r,>v FIGURE 7 ®mon Baker-Shiflett 't V y t ' 1 _ WW-7 A-11 1 e L t--+~ u asp 5. 1 0-2 0-3 % •c t • 4t a vl t / - LEGEND t1W-4 • _ to-,1»AC 511B1Act crm Ia 111, 11 11 [ Y ' ~VV o: hrttL LD ! Ce„Ah!:rl LI nll : ~1' / 0-7 0 C41 0-t i • MID WIM OLIM ~ ~ O 1 7~ r ~ DES 00 2 p / 0 C I,R;{IYULR ~L / _3 10 ponNN-4&TRIC s1ff Act C. 107 EI C041TOL*s 15 h. C 0 04 t- r r ALW-1 rMCVOSm AAGMR1Ggir4 rni. r 1 1W-3 3 ` - -:~"`~r•' _ Iayy_jO fi:Ll'LSED Y"ialOMrth 0111 1.1o.A4 `RF~VAt t~ i!5 OF ' o 200 400 800 n 1 ARVAR[(T DdR - tr[CrLV bM a u A"AP ONDRNiOt tltwiloNt ARC FAar SCALE N fEET s betOt B!t tHY 7r, tf91 i City of Pampa. FIGURE 8 ® B t.r► !•!n~ 0 DDZ 2099 y Pampa 7rros '9066 -?'99 Nu`.'1o VJ 7 An~~ S ,23of32 G I r Yi k• I • \ f A . I 111 i:Y.~q...l rrv.! /V' ~~f i 1 ~ t MI " i 1 I ` JAW 4 r:~ rl r .i "y f 7111 _ I Ia 1 64 j I 1 1 ;i,~w-5'' I fti•4tW~ yccr i Lf Y.. T~ L ~ r ~I if 4+r•)•"vr YrMYfV aM~,• . I W wlA n.n'..A .c t, "-1Q ,N-9 f ' ' POIEN11GMEIWC St"A" ! r I i FIGURE 9 O - I.b11110r!III( WCU l~\tlrJll N 1 _ - w~ ^~c ~![~1 hty O/ Arhn9ton. Trtaa - I' 1 R `i 3( II "k,~ t ell 111 i Y f~ :t 3 Agenda No AgWaft 257 3 2 I- ll~ Z 1 111' I+It'4 11' a t(,+` u u ( , ~ ~ ~,i~ 0 440-1 430 r I 420- 410 s 400 390 380 370 ~i o o v a •r •i v O O O O C p p O O - i 7 A V F L ?r p - q j, READING DATE PS-88 FIGURE 10 i r . Agenda No a z d Agendalle 9 C-21 - Date _ 26 In 1-4 t. _1 J t. Figure 7.11. P exomefer heeds for r9NUr91nyd,scnAfQif g system. IN lain j FAUMY _ n n low 101. ~ 101. low- li. . Tl_ too lure LOA - 101. Im■ no- - too sl ■ _ w ■ R. s. Lrv.aalrh ~ _ w. -we r. Me Figure 7.11. Pe=omner news for fully reChwging system. FIGURE 11 r 1 AgendaNo Agerlda~tarrt,l~s'`~D or~ta - '9' - G16 3? :,n~~e r!omogeneous ~c.;~rer '.e reiattvely simpie si=e homogcreous a u ier 9•Amg steps to define the .area monuenng :cne. e_vaiuate aquifer ceomein. * ic'tiness. _aa :n; : as cenzoMX hydraulic conducuvtn vartabihr% wouen nstmiaaon of sou bormzs: Construct Cc% nets using eater les ei piezometn: rsv ;nic=_=on im,m otezometers or obsersanon ueils: 1. prepare a conceptual geologic hydrogeoloetc moaei ana riot potential target monitoring zones: and Install monitoring points to monitor potential cantammani Claw pares. Figure 2 20 illustrates the subsurface mosement of leachate from an unlinea .oiid waste facilits ina hunud environment. Selection of appropnatc screen eepths for downgradient wells is relatively simple using the procedure cutlined above. Figure 2.21 (Freeze and Cherry, 19791 represents concentrations of chloride ao- Jacent to an unlined solid waste landfill. The contours were eased on water quality data obtained frim numerous sampling points screened at various vertical inter vats. The location of the target monitoring zone here could De the center line V.Yr lYa MU~7~ .r wawa w r ' •a•; , wwra.►r S.~''~.rwwn..►r ta,rr~a h 7Mt.J 0t F IJux6w1 A ~'o+4likty^4 ~'eetret!t,: Figure 2.20. Sroo apwrerrtwmogenaous owtigy. FIGURE 12 .1 I +peod®No 9 w 4geadait 7 Sete ~V' P8o ATTACHMENT ,-N0. 2 SCOPE OF SERVICES HYDROGEOLOGICAL, GEOLOGICAL, AND GEOTECHNICAL STUDY ATTACHMENTS 4 AND 5 I Prepared for City of Denton June 1994 3 Prepared by EMCON Baker-Shiflett, Inc. Engineering and Environmental Services Fort Worth. Texas f Proposal 940-94-05.01 iF 1 i a , a Agandaltem Date k. - 2~t 32 SCOPE OF SERVICE'S Task 1 Site Geology A geologic study utilizing the existing site subsurface data will be conducted for use as the geology sections of Attachment 4. This study will include identification geologic and stratigraphic units at the site. The geologic age. lithology, geometry, hydraulic conductivity and other appropriate analysis will be provided using ecologic maps and cross-sections as well as boring logs. Task 2 Additional Laboratory Testing HDR has requested that ESS conduct site specific laboratory tests including triaxial strength and consolidation tests, so that HDR can perform landfill side slope analysis and landfill floor settlementiheave analysis. ED SUPPLEM PROPOSFOR DENTONELANDNTAL EORATORY T XPANSIONNT(AIG 1 ` Teo Quantity Rate Total [Direct riaxial Compressioa/Consolidated } ndralned with Pore pressure 3 855.00 2,563.00 / erauremear Shear 2 555.00 1,110.00 2 195.00 390.00 Consolidation 45.00 315.00 Specific Gravity 7 280.00 Anerberg Limits 7 40.00 25.00 100.00 Percent passing No. 200 4 ' 2 45.00 90.00 Sieve',nalysis 73.00 150.00 Hydrometer 2 TOTAL TESTING $5,600.00 . Rev. 0. 0609194 FWf3MDENA17481-P.606-W6l 941194-01415 I } r Agenda% 4gendal1ero)_ Date Taste 3 Site Hydrogeology Studv 3o Z A hydrogeologic study of the site atll l•e rerformcd teased on the data from field exploration, laboratorv testing, aquifer resume. and %~arerdevel measurements in the site piezometers. Water level reading events will be scheduled for the piezometers to pros ide data over a period of seasonal change. As a cost-savings measure. •ve propose to utilize the city of Denton's on-site personnel to perform weekly water ie%el readings. Precipitation tats will be collected from the nearest heather station, and hydrosraphs comparing precipitation and groundwater levels will be prepared. Groundwater contours within the depths of piezometer installations (if any) will be developed for each groundwater zone encountered to demonstrate any seasonal change. Aquifer characteristics of the groundwater zones at the site will be determined by conducting a pump test and interpreting the test information. The purpose of this rest is to determine hydraulic conductivity of the aquifer and to determine if the individual zones are hydraulically connected. Direction and rate of groundwater flow will be interpreted frorn the water-level data, potentiometric surface maps and the pump test data. Evaluation of likely contaminant flow pathways will be evaluated by the use of seasonal potentiometric surface maps and by constructing hydrogeologic cross-sections. Based on this analysis and appropriate groundwater monitoring system will be designed in accordance with Subtitle D and TNRCC requirements. Task 4 Geology, Hydrogeological, and Geotechnical Report A report containing the geological, hydrogeology, and geotechWcal data, analysis and interpretation will be prepared and formatted as Attachments 4 and S for the permit application. Data and conclusions regarding geological, hydrogeology, and geotechnical aspects of the site characterization will be provided as completed to HDR. Permit documents (Attachments 4 and S) will be completed and submitted to HDR for their inclusion into the permit application. ADDITIONAL SERVICES • This assumes geologic, geotechnicai, and hydrogeological analysis of the proposed site. It does not include interpretation or analysis of data associated with the existing landfill. • Response to TNRCC comments will be charged as additional services. • Analysis of additional groundwater zones if required. ~ENATt'4AJ-P.W&941pjo.4 Z Rev 0. D6"N1 i i s aa.. rY t § AgendaNo 9'~"42G SCHEDULE AgoodaII MA~-&- 24- tbte It is anticipated that the Attachments ani : reaon he camplzted .~it7Jhin~1_O37 days from date of the nonce to proceed. 11%drographs AIN ba updzted one final time prior to submittal of the permit application to the TNRCC. The date of that update dill he agreed upon by E\ICON Baker-Shiflett. Inc. EBS and HDR. ESTIMATED COSTS Task 1 Geology Study 5 14.000 Task 2 Geotechnical Testin; 5.000 Task 3 Hydrogeoloty Study _3.000 Task 4 Report - Attachments -i and 5 11.000 Contineencv . 15 3.700 TOTAL ESTIMATED COSTS S66.700 i i FW/3MD E tAtT16S-P.606 91 iPlo./ 910-%454I5 3 Am U. OW09M ,,Q a ' r' Y { Agon doNo 9t/~000 AAondaller►Z,~ ► Dale 6-Z/- PROJECT CCNSIDERATIONS Q 3 2 • This amendment is due to a shift of work from HDR to Baker-Shiflett / Emcon and an increased scope due to changes in TNRCC requirements. • The net affect is an additional cost of $41,700. • This work is necessary for the design of the landfill expansion. i I i 1 } 3 { i ~G 1:J ~L2 EXHIBIT II 1" CITY 1r V OV ♦ V i i Of et t 4fp O ~ y r o w ~~pQ° I I~ l~>~3 CITY COUNCIL REPORT REGULAR SESSION TO: Mayor and Members of the City Council FROM: Lloyd Harrell - City Manager SUBJECT: Fire Fighter's and Police officer's Civil Service Commission - Appointments RECOMMENDATION: it is the staff's recommendation that the City Council adopt a resolution confirming the City Manager's appointment of Dr. Charldean Newell, Mr. Dennis Stephens, and Ms. Jana Bates to terms on the Civil Service Commission as provided in 143.006 of the Texas Local Government Code. SUS! ,MARY State Civil Service Law (Chapter 143 of the Local Government Code) governs the employment relationship with the City's fire fighters and police officers. Under the law, the City Manager has authority to appoint three commissioners for staggered three year terms. The Civil Service Commission is charged with ensuring the provisions of the law are properly administered in the City. Commissioner appointments by the City Manager are to to confirmed t by the City Council. This resolution confirms the appointments of the Commissioners a follows: 1. Dr. Charldean Newell is appointed for a second term, 1994 - 1997. Dr. Newell is eligible for re-appointment to one additional 3 year term in 1997. Dr. Newell is a professor of management at the University of North Texas. 2. Mr. Dennis Stephens is currently filling the unexpired term of Mr. Frank DaVila, 1993 - 1996. Mr. Stephens is eligible for re-appointment to three 3 year terms in t, 1996, 1999, and 2002. Mr. Stephens is the Director of : Personnel for the wanton Independent School District. 3. Ms. Jana Bates was first appointed in 1992. Ms. Bates is eligible for re-appointment to two 3 year terms in 1995 and 1998. Ms. Bates is the former Personnel Manager for f Union Camp in Denton and is currently managing the F. company's Total Quality Management Program. k- L r' i. III f IV; I i AQ9AQ~N0 ' ~ - Gilt _et/-9 10743 CITY COUNCIL REPORT REGULAR SESSION TO: Mayor and Members of the City Council FROM: Lloyd Harrell - City Manager SUBJECT: Fire Fighter's and Police Officer's Civil Service Commission - Appointments RECOMMENDATI iQ_r'. It is the staff's recommendation that the City Council adopt a resolution confirming the City Manager's appointment of Dr. Charldean Newell, Mr. Dennis Stephens, and Ms. Jana Bates to terms on the Civil Service Commission as provided in 143.006 of the Te,ias Local Government Code. SUMMARY State Civil Service Law (Chapter 143 of the Local Government Code) governs the employment relationship with the City's fire fighters and police officers. Under the law, the City Manager has authority to appoint three commissioners for staggered three year terms. The Civil Service Commission is charged with ensuring the provisions of the law are properly administered in the City. Commissioner appointments by the city Manager are to be confirmed by the City Council. This resolution confirms the appointments of the Commissioners as follows: 1. Dr. Charldean Newell is appointed for a second term, 1994 - 1997. Dr. Newell is eligible for re-appointment to one additional 3 year tern in. 1997. Dr. Newell is a professor of management at the University of North Texas. 2. Mr. Dennis Stephens is currently filling the unexpired term of Mr. Frank DaVila, 1993 - 1996. Mr. Stephens is eligible for re-appointment to three 3 year terms in 1996, 1999, and 2002. Mr. Stephens is the Director of Personnel for the Denton Independent School District. 3. Ms. Jai- Bates was first appointed in 1992. Ms. Bates is eligible for re-appointment to two 3 year terms in 1995 and 1998. Ms. Bates is the former Personnel Manager for Union Camp in Denton and is currently managing the company's Total Quality Management Program. r ~ u gen W iW agendagate June 14, 1994 CM Report to City Council - Civil Service Commission Appointments Page 2 PROGRAM. DEPARTMENTS QR GROUP$ AFFECTED: The Civil Service law covers the employment aspects of sworn and certified police officers and fire fighters. It also provides provisions governing the application and selection process for new fire fighter recruits and police officer recruits. The Civil Service Commission is appointed by the City Manager and confirmed by the City Council. FISCAL IMPACT: There is no direct cost or budget established for the Civil Service Commission. Commissioners serve on a volunteer basis, i Respectfully submitted: s Lloyd V. Harrell 4 City Manager i Appro by: i Bet cKean Executive D1 ctor - MSED Prepared h Thomas W. n Director of Human Resources and Director of Civil Service ecrptlll.tk h y a r r E1\6"0C5\N£f\Cf[ ~p9ada No. Cr - ' Apeodaite / - Dale~ • .~D RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS CONFIRMING THE APPOINT- MENTS BY THE CITY MANAGER OF CHARLDEAN NEWELL, JANA BATES AND DENNIS STEPHENS TO THE DENTON CIVIL SERVICE COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager laving appointed Dr. Charldean Newell to the Civil Service Commission for a term to expire May 31, 1997, Mr. Dennis Stephens to the Civil Service Commission to serve for the remainder of the term of office of Frank May 310 1996, and Ms. Jana Bates to the Civil ServicelCOmmission for a term to expire May 311 1995; and WHEREAS, TEX. LOCAL GOVT CODE ANN, ;143.006(b) (Vernon, 1988) provides that the Commission nhall consist of three members appointed by the municipality's Chief Executive and confirmed by the governing body of the municipality; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the City Council confirms the City Manager's appointments of the following persons to the Denton Civil Service Commission to serve for the following terms of office or until their successors areappointed, confirmed, and qualified. Dr. Charldean Newell June, 1994 through Hay 31, 1997 Dennis Stephens June, 1993 through May 310 1996 Jana Bates Jun i e, 1992 through May 31, 1995 ~ ~J SECTION it. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. i BOB CASTLEBERRY, MAYOR h ATTEST: i JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:~ ~tl~L Zc j CITY COUNCI ~ Nt O Q ~ s O + •yr0 M S~*~~~ G , ' a . Cb2o- -o2 - U / af'/3 CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 L MCKfNNEY / VENTON, TEXAS 76201 MEMORANDUM DATES June 14, 1994 TO. Betty McKean, Executive Director Municipal Services/Economic Development FROM: Linda Ratliff, Economic Development Coordinator SUBJECTS TAX ABATEMENT POLICY Section 312.002(c) Texas Tax Code requires the City to readopt its Tax Abatement Policy every two years. The "renewal" of the policy is accomplished by resolution. The Legal Department has prepared the attached resolution for that purpose. i, I I / I Linda Ratliff Economic Developme oordinator T~r f f Y Y ' , 'I l 8171566.8200 D/PW METRO 434.2529 SI M It ' r H : e YI'..i _ F, I E:\WPWS\RES\ARAIE. TAM , ~pendaHo ia_,••i90 Apeodalter► Date,-g~ - 2 0 ~/3 RESOLTJTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RE- ADOPTING A POLICY FOR TAX ABATEMENT FOR THE CITY: AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council desires to promote economic develop- ment within Denton; and WHEREAS, providing tax abatement and other economic development incentives within the City and its extraterritorial jurisdiction will likely contribute to the economic development of Denton by en- ^-curaging major investment and the creation of jobst and WHEREAS, the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, allows a City to establish its own criteria for tax abatement and the City has done so by adopting guidelines in Resolution No. 90-018; and WHEREAS, TEX. TAX CODE ANN. 5312.002 (c) provides that such guidelines are effective for a period of two (2) years and the City council now wishes to re-establish the guidelinest NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION i That the policies, guidelines and criteria found in the "Denton Policy for Tax Abatement" a copy of which is attached hereto and incorporated herein for all purposes as though recited verbatim, are in all things approved and adopted. Code, the guidines h and pursuant criteria adopted ~herein ) shaof the Texas Tax ll be effective for two years, during which period the guidelines may be amended or I repealed by a vote of three fourths of the members of the Council. ~~TISN III• That this resolution shall become effective im- mediately upon its passage and approval. 1 PAFSED AND APPROVED this the day of 1994. I ' BOB CASTLEBERRY, MAYOR 1 i i i r ; -gendaNo 9 740 - - Date _&:1621 3 0 ~3 ATTEST: JENNIFER WALTERSt CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: / f {r I f V5 . rt• r r 7i P a 'e ~ P a AgendaMo W-OP_O I Agendalte ~ Dale.. DENTON POLICY FOR 4 Q TAX ABATEMENT 1. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City), the Denton Independent School District (DISD) and Denton County ere committed to the promotion of high quality development in all parts of the city and to an ongoing Improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Denton, DISD, and Denton County, will on a case-by-case basis, give consideration to providing tax abatement as a stimulation for economic development in Denton. It is the policy of the City and DISD that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City, DISD or Denton County are under any I i obligation to provide tax abatement to any applicant. All applicants shall be considered h on a case-by-case basis. !I Tax inducements, as described in this policy, will be considered for new, r expanding and modernizing basic industries, corporate office headquarters and distribution centers. II. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected officials from each of the s I taxing entities Involved. One additional staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee. I The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered In each individual case. Their recommendation shall be based upon an evaluation of the following criteria which each applicant will be requested to address In narrative format: i f i 1 i r V I t I +genoarov -O ~ Agendaktelrl Date sa r~ 1. History and Philosophy of the firm: a) Nature of products and geographic penetration, b) Financial statements for past five years or life of firm whichever Is shorter. c) Chronology of plant openings, closings, & relocations over past 15 years. d) Record of mergers and financial restructurinP during last five years. e) Record of employment and traltting provided for handicapped and chronically unemployed. 2. Project Specifications: a) Provide plat of project including all roadways, land use and zoning within 500 feet of site. Legal description of site is required. b) Is the project a relocation or new facility to expand operations. If relocation, give current location. j c) Project Investment in real and personal property at the above site for each of the next ten years. d) Project permanent employment for next ten years resulting from the new Investment. Indicate number of jobs that will be filled by people from outside the metroplex. Include estimated average annual salary on new jobs. e) What is the total current payroll and the projected payroll when project is completed. f) Describe employment training requirements Including provisions for J training handicapped and chronically unemployed if applicable. g) Project utility (gas, electricity, water, etc.) usage for each of next ten years. h) Estimate the Infrastructure (streets, sewer, water, etc. ) requirements necessary to operate the new facility. i) Estimate the annual operating budget for next ten years. i j) Will the occupants of the project be owner or lessees? If lessees, are occupancy commitments already existing? I k) Give the name, address, and telephone number of contact person. f 3. The community Impact of the project: a) Project the value of real and personal property that will be added to the tax rolls. 2 !I ~geoQat~o -q~-0-76 AgenQaltem ~~Q~_ Date, b) Using current rates estimate the additional taxes that wi l e directly generated by the project without considering any proposed abatement for each of the affected taxing entities for each of the next ten years. c) For each taxing entity indicate the amount of tax abatement requested for each of next ten years. d) Estimate the Increase in Investment in other local businesses resulting from the project for the next ten years. e) Fstimate the increased housing needs in the area resulting from the project for ten years. f) lstimate the increase in the tax rolls for each taxing entity for the next ten years. gl Estimate the infrastructure construction that would be required because of the growth resulting Indirectly from the project. h) Provide the specific detail of any businesses /residents that will be E displaced and assistance that will be available from the requesting entity. 1) Estimate the increase in students by grade level resulting from the project including the multiplier effect (indirect growth) for the next ten years. Show the Increase for each impacted school district. j) Provide description of any historically significant area Included within the project's area. If any, give detail of how the historically significant area will be preserved, I k) Provide Information of any detrimental effect on existing businesses, recreational areas, and residential area. J 1) Provide details of any benefit to an area of the community targeted for revitalization/redevelopment. III. VALUE OF INCENTIVES The criteria outlined in Section 11 will be used by the Joint Committee on Tax Abatement in determining whether or not it Is in the best interests of the affected taxing entities to recommend that tax abatement be offered to a particular facility. Specific considerations will Include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project. New, expanding and modernizing businesses will be eligible for abatement if the minimum threshold, as described below, is met. 3 i AgendaNo _ qj~-- AOendal;em v~- Date 7 Once a determination has been made theta tax abatement should be offered, the value and term of the abatement will be determined by referencing the following table: TABLE 1: Establishes maximum length of abatement according to assessed real property value of improvements and personal property. MAXIMUM MAXIMUM VALUE OF STRUCTURE YEARS OF PERCENTAGE OF AND PERSONAL PROPERTY ABATEMENT ABATEMENT lF 100 10 254 80 9 258 65 8 254 50 7 254 35 6 254 20 5 258 15 4 254 10 3 258 { 5 2 254 If an existing business is located within the boundaries of the participating jurisdictions and decides to expand or relocate within such boundaries, the actual value of the structure shall be multiplied by 1258 prior to utilizing Table 1. If the expanding or relocating business is abandoning any property or improvements within the 1 jurisdictions, the value of this abandoned property shall be subtracted from the new value figure prior to multiplying the value by 1254. f The tax abatement shell not apply to any portion of the land value of the project. Applicants agree'ng to extend infrastructure tm;,rovements (streets and utilities) to improve other industrial sites which can be marketed by the Chamber of Commerce i 1 Economic Development Director may be eligible for a greater tax benefit than those described above by utilizing tax increment financing procedures. The offering of such a an inducement will be evaluated on a case-by-case basis dependent upon the applicant's ability to make available improved industrial sites. I 4 x a s r AgendaNo Agendaitem.~`,z~~-ter. U' Date _ f1~ 80 Preliminary Application IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City or DISD consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that either the City, or DISD, is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." B. Applicant shall address all criteria outlined in Section 11 above In narrative form. C. Applicant shall prepare a map showing the precise location of the property and all roadways within 500 feet of the site. P. If the property Is described by metes and bounds, a complete legal description shall be provided. E. Applicant shall complete all forms and information detailed in items A through D above and submit them to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. E Application Review Steps F. All information in the application package detailed above will be reviewed for i . completeness and accuracy. Additional information my be requested as needed. G. The application will be distributed to the appropriate City and DISD departments for internal review and comments. Additional information may be requested as needed. H. Copies of the complete application package and staff comments will be provided to the Joint Committee on Tax Abatement. 5 I ~ a k V ' Venda ND Apendal46"' Q ~ Date 6 -2/ -Yq Consideration of the Application cl W43 I. The Joint Committee on Tax Abatement will consider the application at a regular or called meeting(s). Additional information may be requested as needed. J. The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief administrative office of each taxing entity. K. The City Council of Denton may consider a resolution calling a public hearing to consider establishment of a tax reinvestment zone. L. The City Council of Denton may hold the public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included In the zone and municipaUty." Special consideration shall be given to policies noted in the Denton Development Plan when designating a tax reinvestment zone. M. The City Council of Denton m&yr consider adoption of an ordinance designating the area described In the legal description of the proposed C project as a commercial/ Industrial tax abatement zone. l ! I N. The City Council may consider adoption of a resolution approving the terms k ~ and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant. Should the commitments subsequently not be satisfied, the tax abatement i shall be null and void, and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be Incorporated into the agreement. s 0. The governing bodies of the various taxing entities may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. { 8 III`r S I t AgerAi No 94-c2-g'6 4ain gate 6 Consideration of the Application 1. The Joint Committee on Tax Abatement will consider the application at a regular or called meeting(s). Additional information akiy be requested as needed. J. The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief administrative office of each taxing entity. K. The City Council of Denton may consider a resolution calling a public hearing to consider establishment cf a tax reinvestment zone. L. The City Council of Denton may hold the public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be Included in the zone and municipality." Special consideration shall bp given to pclicies noted in the Denton Development Plan when designating a tax reinvestment zone. M. The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commerclal/industrial tax abatement zone. l N. The City Council may consider adoption of a resolution approving the terms l I' J and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void, and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. 0. The governing bodies of the various taxing entities may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. e k ~ I 2 ' vyan4aNo _.5~.. 4geadaite -9~ I Any tar, abatement agreement will address various Issues, including, but not llmitod to, the following: 1. General description of the project; 2. Amount of the tax abatement and percent of value to be abated each year; 3. Method of calculating the value of the abatement; 4. Duration of the abatement, Including commencement date and termination date; f 3. Legal description of the property; f 8. Kind, number, location and timetable of planned Improvements; 7. Specific terms and conditions to be met by applicant; 8. The proposed use of the fac'Mty and nature of construction; s 9. Contractual obligations In the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment. i 4 Annual. Evaluation Upon completion of construction, the Joint Committee on Tax Abatement shall V i ! annually evaluate each facility receiving abatement to insure compliance with the agreement and report possible violations of the agreement to the taxing entities. l Transfer or Assignment t; A oontrect for tax abatement may be transferred or assigned by the original applicant to a new owner upon the approval of the various taxing jurisdictions after such a rerommendation is trade by the Joint Committee on Tax Abatement. i 7 . F I , f ~'1 I I I t I +ge~QaNo q W--- UDale It 2!el APPENDIX A Dale -=-/-3 Definitions A. "Abatement" means the full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. "Agreement" means a contractual agreement between a property owner and a taxing jurisdiction for the purpose of tax abatement. C. "Basic industries" are defined in the Denton Development plan as those which produce goods or services at least 519 of which are directed to serve people s outside of the City of Denton and are Csted in the Standard Industrial i Classification (SIC) of the Department of Commerce, except for groups 52-59 i under retail trade. j D. "Expansion" means the addition of buildings, structures, fixed machinery, or i ? equipment for the purpose of Increasing production capacity. E. "Facility" means property improvements completed or in the process of construction which together comprise an Integral whole. F. "Joint Committee on Tax Abatement" is a group of representatives from Denton 1 County, the City of Denton, and the Denton Independent School District i formed to stud and evaluate an study any proposal regarding the offering of tax abatements within the community. The Committee will consist of two elected representatives from each governmental entity and one staff member from each r entity. The staff members shall serve as nonvoting, ex offic!o members, a. "Modernization" means the replacement and upgrading of existing facilities i' which Increases the productive input or output, updates the technology, or substantially lowers the unit cost of operation, and extends the economic life of the facility. Modernization may result from the construction, alteration, or Z i t 5 r X04 g9ndeNo._~ ~ +~erda~t7t; Ate installation of buildings, structures, fixed machinery, or equipme. It 1ha not be for the purpose of reconditioning, refurbishing, repairing, or completion of deferred maintenance. H, "New facility" means a property previously undeveloped which is placed into service by means other than expansion or modernization. I, "Reinvestment Zone' is an area designated as such for the purpose of tax abatement as authorized by Subchapter B, Municipal Tax Abatement, Title 3, Local Taxation, Vernon's Texas Codes Annotated. J, "Tax increment financing" is the use of some or all of increased property tax revenue resulting front the redevelopment of an area to finance ! development-related costs in that district. Tax increment financing divides ( tax revenue from the area Into two cateicries. Taxes on the predevelopment € value of the tax base ',the tax increment base) are kept by each taxing body, while some or all of the taxes from the increased value of property resulting from redevelopment (the tax increment) are deposited by each jurisdiction in a tax increment fund. Money in the tax increment fund is used to repay i TIF•backed bonds that are issued to finance public improvements in the i tom. J1 l f redevelopment area. f" f r i ;I i 1 2 J i ienCaNa 9LI`~Z~w„ • ~ 3c~ t3 f APPLICATION FOR TAX ABATEM T 1. Property Owner _ I Mailing Address Telephone Number 2. Properly Owner's Representative MaWng Address - Telephone Number 3. Property Address Property Legal Description _ (Provide attachments if by metes and bounds) _ s E 4. Located within: City of Denton # D.I.S.D _ Denton County ti 5. Description of Project: B. Date projected for occul+ancy of project/ Initiation of operations: q 7. Narrative response to criteria questions in Section iI attached. f w ~ Yes No ..r + Comments: II~ h TAAPLI i i t CITY=-- I ~COUNC 1 M I r ~r I MAO! I I I I I . al/Wr+~ '~I Yrlw+r~+ I M ti 1 ~r ar s~ • ~A I i i t i b~sNo f~-oat Apoli to S CITY O/ DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McK(NNEY / DENTON, TEXAS 75201 MEMORANDUM DATE: June 14, 1994 TO: Betty McKean, Executive Director Municipal Services/Economic Development FROM., Linda Ratliff, Economic Development Coordinator I i i SUBJECT: ENTERPRISE ZONE II EXPANSION i i When Georgia-Pacific Corporation expressed an interest in the Pillsbury facility, they requested that the City include the property within the boundaries of an Enterprise Zone so that they could apply for Enterprise Zone benefits. We assured Georgia- Pacific that we would make every effort to grant their request by submitting our application to the Texas Department c,f Commerce (TDOC) for an Enterprise Zone amendment. s We will be submitting our Enterprise Zone boundary amendment i simultaneously with the Georgia-Pacific project application. Both applications are being finalized and upon approval of the related ordinance and resolution by City Council, will be forwarded to TDOC before the July 1, 1994, project deadline. The Texas Department of Commerce now requires the City to offer an incentive to qualified businesses within an Enterprise Zone that is not offered to businesses located outside an Enterprise Zone. This was not a requirement at the time of our original designation in 1990. The attached ordinance proposes that for those businesses that qualify and receive tax abatement through our established tax abatement policy, the City will grant a rebate of an additional five (5) percent (the policy provides 25% abatement). In other ti; s words, the City would essentially give a 30 percent abatement to ? qualified Enterprise gone businesses 25 percent as an abatement and 5 percent as a rebate. 8171566.8200 D/FW METRO 434.2529 i F i 1 S ~ 1 VeWaNo AgenQalte ~ Date 6 0 3 Properties in addition to the Georgia-Pacific facility have also been included in this amendment. Since receiving our Enterprise Zone designation in June, 1990, the Chamber and City offices of Economic Development have identified industrial properties that we believe should also be located in an Enterprise Zone. Please let me know if you have any questions regarding this ordinance. Linda Ratliff Economic Development Coordinator i i I I f I r i I t i E:\YPDDCS\0R0\ENTERPR1.Z0N wA ~j6ia.:N0 Ageadaltem~ , y Otte __..b -ot - 3 s ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AMENDING THE BOUNDARIES OF ENTERPRISE ZONE II WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas desires to expand the area of an existing enterprise zone in order to in- crease the proper economic and social environment to induce the investment of private resources in productive business enterprises located in a severely distressed area of the City and its extrater- ritorial jurisdiction, and to provide employment to residents of such areas and WHEREAS, certain conditions exist in such area which represent a threat to the health, safety, and welfare of the people in the area; and WHEREAS, the City hereby finds that the area of the City and county described in Exhibit "A" attached hereto (the "Zone") meets the criteria for designation as an enterprise zone under Section 4 of the Texas Enterprise Zone Act, Tex. Rev. Civ. Stat. Ann. art. 5109.1 (the "Act"), on the grounds that the Zone has a continuous boundary and is 8~, square miles in total area and, among other I conditions, the following conditions exist in the Zone which rep- resent a threat to the health, safety, and welfare of the Zone: A. The average unemployment in the proposed' area during the most recent 12-month period for which 1 data is available is at least one and one-half (1- 1/2) times tho local, state or national average for that period; and, B. The proposed area meets the following criteria: (i) the area was a low-income poverty area according to the most recent ' federal census; and (ii) at least seventy percent (70%) of the residents of the area have an income below eighty percent (80%) of the median income of the resi- dents of the locality or state, whichever is lower; and E WHEREAS, the City finds that it is in the best interest of tte City to nominate the Zone, as amended as an enterprise zone pur- suant to the Act; and 1 . E:\LrMS\0RD\E4TER91:.204 agendaNa Agsndaltem ~ [ate 6 ' 3 s ORDINANCE NO. AN ORDINANCE CF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AMENDING THE BOUNDARIES OF ENTERPRISE ZONE II WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas desires to expand the area of an existinc, enterprise zone in order to in- crease the proper ,:conomic and social environment to induce the investment of private resources in productive business enterprises located in a severely distressed area of the City and its extrater- ritorial jurisdiction, and to provide employment to residents of such area; and WHEREAS, certain t,~nditions exist in such area which represent a threat to t!.ce health, safety, and welfare of the people in the area; and WHEREAS, the City hereby finds that the area of the City and County described in Exhibit "A" attached hereto (the "Zone") meets the criteria for designation as an enterprise zone under Section 4 of the Texas Enterprise Zone Act, Tex. Rev. Civ. Stat. Ann. art. 5109.1 (the "Act"), on the grounds that the zone has a continuous boundary and is L9 square miles in total area and, among other conditions, the following conditions exist in the Zone which rep- resent a threat to the health, safety, and welfare of the Zone: A. The average unemployment in the proposed, area during the most recent 12-month period for which data is available is at least one and one-half (1- 1/2) times the local, state or national average for that period; and, B. The proposed area meets the following criteria: (i) the area was a low-income poverty area according to the most recent federal census; and (ii) at least seventy percent (701) of the residents of the area have an I income below eighty percent (801) of the median income of the resi- dents of the locality or state, whichever is lower; and WHEREAS, the City finds that it is in the best interest of the City to nominate the Zone, as amended as an enterprise zone pur- suant to the Act; and E R ti I yy 1 I ti Venda nla AgendaitamLle_ ~ Date a WHEREAS, the City hereby desires to designate all of the area within the Zone as a reinvestment zone for tax abatement purposes, as provided by Section 11 of the Act and Section 312.2D1 and Sec- tion 312.401 of the Texas Tax Code, as amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: S=L'ION I. That the amended Zone meets the criteria for desig- nation of an enterprise zone as set forth in section 4 of the Act. SECTION II. That the City hereby nominates the area, as amended and described in Exhibit "A" attached hereto, as an enter- prise zone, in accordance with the Act. SECTION III, That the City hereby designates the Zone an en- terprise zone and a reinvestment zone subject to the approval of the Texas Department of Commerce. SECTION IV, That upon approval by the Department, the Zone will continue to be named "Denton Enterprise Zone II." j SECTION V. That the Zone, as amended, shall take effect on the date of the negotiated agreement to be entered into by the City and the Department. The Zone shall terminate September 1, 1997, or at an earlier time designated by subsequent resolution. r SECTION VI. That the city directs and designates the Mayor of the City of Denton as the City's authorized representative to act in all matters pertaining to the nomination and designation of the Zone as an enterprise zone and a reinvestment zone. SECTION VIII That the City further directs and designates the Executive Director of Economic Development as liaison for communi- cation with the Department to oversee zone activities and communi- cations with qualified businesses. SECTION VIII. That the City Council will provide certain tax incentives applicable to business enterprises in the zone which are not applicable throughout the City as follows: (1) The City shall abate taxes on the increase in value of real and personal property improvements for new, expanding and modernizing industries, corporate office headquarters and i! distribution centers in a designated enterprise zone. The level of abatement shall be based upon the value of the t improvements and persona]. property in accordance with the attached Exhibit "B". (2) Should a qualified business locate within an Enterprise Zone apply for and receive tax abatement, the City will rebate an additional five percent (5%) on the increase in i PAGE 2 1 l„ 1 y1 r, F } VndaNo QG~-QZd _ Agendalt We- So 7 S value of real and personal property improvements for new and expanding industries, corporate off. ice headquarters and distribution centers. Only businesses located within the Enterprise Zone will be eligible for the additional five percent (5%) tax incentive. SE%'TION IX. That a public hearing to consider this ordinance was held by the city Council on June 21, 1994. SECTION X. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER HALTERS, CITY SECRETARY I BY: APPROVED AS To LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., f3 ! r f i ~P { 3 PAGE 3 CITY_ COUNCI • o~ a~ 0 a e ~w 'I r l 1y -o.__ nova, c2- ole3 CITY Mf DENTC1H, TEXAS MUNICIPAL BUILDING / 215E MOKINNEY / DENTON, TEXAS; 6201 MEMORANDUM DATE: June 14, 1994 TO: Betty McKean, Executive Director j Municipal Services/Economic Development FROM: Linda Ratliff, Economic Development Coordinator SUBJECT: GEORGIA-PACIFIC CORPORATION ENTERPRISE ZONE PROJECT 1 The attached resolution will be presented to City Council on June 21, 1994, and upon approval, will accompany Georgia-Pacific Corporation's application to the Texas Department of Commerce for Enterprise Zone Project designation. In order to qualify as an Enterprise Zone Project, 251 of Georgia- Pacific's new hires must be Individuals who live within an Enterprise Zone or who are classified as "disadvantaged." A disadvantaged individtal is someone who: } E 0 meets low incomes or moderate Income limits) or J 0 has been unemployed for three months) or o receives public, benefits) or 0 Is handicapped; or 0 is an inmate or returning to the work force after being confined in a correctional facility Georgia-Pacific will receive sales tax rebates from the State on construction materials and equipment purchased for the proect equal to $2,000 per qualified employee (not to exceed S 50,000jpar year. in addition, Georgia-Pacific will receive a 501 discount c,n 4k their corporate franchise tax on depreciable capital acquired f during the five-year Enterprise Zone Project designation. ir.nda Ratliff t Economic Development Coordi t s F 8171566-8200 O/f N MEtRO 434.2529 • 1 y i 11 I i 4 I r, i j Ve;,daNo ~ q o.? 3 AgeVallem E:%IMOCS\AESkaoeGIA.GEC We / I1r ( - i RESOLUTION 110. A RESOLUTION OF PACIFIC CORPORATIONS ASIAN ENTERPRISE PR03ECT: AND•rPROVIDINGxAN EFFECtIVE DATE. rtment of eerce ("Commerce") desa nd WHEREAS, the Texas Depa nated Denton Enterprise Zone II (the "Zone") on June 21, 1990; and WHEREAS, Commerce will consider Georgia-Pacific Corporation as an enterprise project pursuant to a nomination and an application made by the City of Denton, Texas. (the "city"); and WHEREAS, the city desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the zone ly disadvantaged iniivduals; and the Zone and to other economical WHEREAS, pursuant to Section to of the Texas Enterprise Zone Georgia- Act, Tex. Rev. Civ. Stat. Ann. art. 5190.7 (the "Act"), Pacific Corporation has applied to the City for designation as an i enterprise project; and k WHEREAS, the City finds that Georgia-Pacific Corporation meets the criteria for designation as an enterprise project under Section 10(c) of the Act on the following grounds. 1. Georgia-Pacific Corporation A t since it will "qualified be engaged business" under the Section 3 (a) o) of active conduct of a trade or business in the Zone and at least twenty-five percent (254) of the business' new employees will be residents of a Zone within the City's jurisdiction or econo-mical.ly disadvantaged individuals; 2. Georgia-Pacific corporation is located in the zone, which has an unemployment rate of not less than one and one-half (1 1/2) times the state unemployment rate; level of co- 3. There has been and will continue o a and h neighborhood ' operation between public, private, entities within the Zone; and 4. The designation of Georgia-Pacific Corporation as an enter- Prise project will contribute significantly to and chieve- I went of the plans of the City for devNop ization of the 'Lone. WHEREAS, the City finds nominates Georgia-Pacific Corporatier1 nt, econ omi tactivity and on the reate a highert lewill vel be located wholl within will c stability; and i r 6 F i F-WE 9 WHEREAS, the city finds that it is in the best interests of the City to nominate Georgia-Pacific Corporation as an enterprise pro- ject pursuant to the Act; NOW, THEREFORE, THE. COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: a&CTION I. That Georgia-Pacific Corporation is a "qualified business", as defined in Section 3(a)(10) of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 10 of the Act. SECTION II. That the enterprise project shall take effect on the date of designation of the enterprise project by Commerce and terminate five (5) years after that date of designation. SECTION III. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1994. i i BOB CASTLEBERRY, MAYOR J ATTEST: / JENNIFER WALTERS, CITY SECRETARY BY : APPROVED AS TO LEGAL FORM: k. DEBRA A. DRAYOVITCH, CITY ATTORNEY i 1 BY: - r f` k i i i I i i n~na ~ io; i I .C A UN~ aN rrw..w•+rw~~r 1 rr w w~rrr ~w ~rrr r~ I 4 ~ I wrwaw aYrr I rr~r w i ~w J oI~ II 4 • I V 0. / I Ow t~ I ' i rr~ I r I Ii F } 9 ~F C 9 4pepuNo Q 11' 0 aO BOARD/COMMISSION NOMINATIONS 1994-95 / AIRPORT ADVISORY BOARD Dist CURRENT MEMBER NOMINATION TERM COUNCIL 7 John Dulemba John Dulemba 1992-94 Mayor 3 Nancy Hundley Y 1992-94 Perry 4 James Jamieson James Jamieson 1992-94 Cott 5 Jim Risser Jim Risser 1992-94 Miller ANIKU SERL•TER ADVISORY BOARQ W-T CURRENT JWER ROINATION TERM CO U i 2 Mary McKay Joella Orr 1991-94 S•¢ith BOARD OF ADJUSTMENT DIST CURRENT MEMQE 11 M3.NATION TERM COUNCIL i 5 Rebecca King Rebecca King 1992-94 Miller ` 2 Marcia Staff _ 1992-94 Smith 1 JJ 4 VACANT (ALT) 1993-95 Cott BUILDLNO CODE BOARD QIST CURRENT MEMBER NOMINATION TERM COUNCIL 3 James Fykes (ALT) 1992-94 Perry 4 Bob George (ALT) _ 1992-94 Cott 5 Steve Kniatt Steve Kniatt 1992-94 Miller 6 Isabel Miller 1992-94 Brock 7 Greg Muirhead Greg Muirhead 1992-94 Mayor i I f l 0 t~andaNo.~'flP~ Data dart - Zm,~..~2 ~ fs COKKUNITY DSVELOFZ(8NT AD7ISORY COMMITTBE DIST (CURRENT MEMBE NOMINATION TERM COUNCIL 5 Dorothy Martinez Dorothy Martinez 1992-94 Miller 6 Peggy Fox Peggy Fox 1992-94 Brock 7 Fred Hill 1992-94 Mayor 3 Curtis Ramsey 1992-94 Perry 5 Rey Trejo Ann Hatch 1992-94 Miller DATA PROC888IN0 ADV:i8O$Y BOARD DI:iT CURRENT ME1WE NOMINATION URN COUNCIL 2 Rosa Lawton Rosa Lawton 1992-94 Smith 3 Robert W. Minnie 1992-94 Perry 9 4 Brian Scott 1992-94 Cott i D01DWWN ADVISORY 8074, DIST CURRENT MEMBI$ TLQMI>yAT}M TE COUNCIL -i i Ih~J 3 Geneva Berg Geneva Blrg 1992-94 Perry 4 BeBe Olufsen 1992-94 Cott 5 Fred Patterson Joy 11illiams 1992-94 Miller 6 Barbara Philips Michael Flanagan 1992-94 Brock 7 Rahna Raney Rahr%a Roney 1992-94 Mayor RLECTRICAL CODE BOARD ' 1UH gtU$$E14T MEMBER NOMINATION =T= 3 John Hardinger 1992-94 Perry ' 4 David Martin 1992-94 Cott 1 Robert Hicks Robert Hicks 1992-94 Chew i t J F F T t ti geridaND ~gendaite ~ ease _6- / ~1 HISTORIC LANDMARK COMMI88ION DIST CURRENT MEMBER NOMINATIO?( TERM COUNCIE~ 3 Kenneth Morgan Kenneth Morgan 1992-94 Perry 7 Judy Cole Judy Cole 1992-94 Mayor 2 Mary McCain 1992-94 Smith RIMM ORRVICE8 COMMITTEE CURRENT MEMBER NOMINATION TERM COUNCIL 6 Jim Bezdek Pat Muro 1992-94 Brock 7 Lawrence Cochran 1992-94 Mayor 2 Terry Garrett 1992-94 Smith 4 Sandy Kristofersen 1992-94 Cott KEEP DENTON BEAUTIFUL BOARD DiST CURRENT MEMBER NOMINATION TERM UNCIL 1 Dave Boston 1992-94 Chew 6 Gertrude Gibson Luanne Hicks 1992-94 Brock 7 i Betty Kimble 1992-94 Mayor ~J 3 Kandice Gandel Kandice Gandei 1992-94 Perry 4 Bill Watson 1992-94 Cott LIBRARY BOARD p;iT CURRENT MEMBER NOMINATION ~$y COUNCIL 7 Kjell Johansen Kjell Johansen 1992-94 Mayor 3 Kathy Pole Kathy Pole 1992-94 Perry 4 Jean Schaake 1992-94 Cott i {i { i i f ,gendaW 21/-Ce6 _ ~gendalterr~,~~~ PARRS AND RECREATION BOARD ~dT S DM CURRENT MEMBER NOMINATION TERM COUNCIL 7 Tom Judd Tom Judd 1992-94 Mayor 2 Loyce Wilson Loyce Wilson 1442-94 Smith PLANNING AND SONINO CONMISSION CU RR T MEMBER NOMINATION nm COUNCIL 3 Mike Cochran Mike Cochran 1992-94 Perry 5 Jim Engelbrecht Ellen Schertz 1992-94 Miller 6 Katie Flemming Katie Flemming 1442-94 Brock PLMOING AND MECUNICAL CODE BOARD I DIST CURRENT MEMBER NOMINATION TERM COUNCIL 5 Millard Heath Millard Heath 1992-94 Miller ' 6 Lee Ca FPs Lee Capes 1992-94 Brook 1 1 Jeff Peploe Jeff Peploe 1992-44 Chew D PUBLIC UTILITIES BOAR C DI&T CURRENT MEMBER NOMINATION TERM COQ ~ 6 Roland Laney George Hopkins 1990-94 Brock SIGN HOARD OP ABPEALS DIST CURRENT MEMBER NOMINATION ~E$js COQ, y, 1 Harry Eaddy 1992-94 Chew } 3 Ann Houston (ALT) 1992-94 Perry } 7 Mike Wiebe I Mike Wieb e 1991-94 Mayor ' IM1 i q I e aNo Agendallen~..,-. oats TRAFFIC SAFETY COMMISSION p / s DIET CURRENT MEMBER NOMINATION TERM COUNO 6 VACANT 1992-94 Brock 1 Kathy Devine Kathy Devine 1992-94 Chew 2 Eric Jackson Eric Jackson 1992-94 Smith 3 George Kay 1992-94 Perry 4 Edna Redmon _ 1992-94 Cott CIVIL SERVICE COMMISSION sS CURRENT MEMBER NOMINATION ZED 3 Charldean Newell Charldean Newell 1991-94 Harrell i' DENTON HOUSING AUTHORITY i SEAT CURRENT MEMBER NOMINATION TERM I 1 Derrell Bulls 1992-94 Mayor E 2 Rudy Rodriguez 1992-94 Mayor . j TMPA BOARD OF DIRECTORS f SEAT CURRENT MEMBER NOMINATIONglj 1 Tom Harpool Tom Harpool 1992-94 Council y ACCO0128 i i r~" fi Arl HANDOUT TO COUNCIL 06/21194 05 N 7 l ' I T R 1 35 E : 1 36 W - _ - US 377 .f :r 6 ~ CITY umits EXMISIT CA -LEOiN0. r to" AS" Mm K R ENTERPRISE ZONE 11 ® EXISTING aa~iioo . •N sa r~ ■ll Ap" I u M ML ® PROPOSED ADDITION FRANK ROSSIFA AICP 80% MA M mmmos ; \4;mml r' ~ E N r7) ~ OF BILE