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07-05-1994
.P ~widaNo QS''0/7 N~elbenL - Data 6~7'`~' 7 CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. MCKINNEY DENTON, TEXAS 76201 I MEMORANDUM DATE: February 2, 1994 TO: Lee Allison, Director of water Utilities FROM: Jerry Clark, Director of Engineering 6 Transportation SUBJECT: Disposal of Well Site #9 rho Fire Department and Engineering 6 Transportation have been cooperatively working to get a traffic signal at Mockingbird and McKinney. This is a necessary feature to allow the fire trucks and ambuaances to safely gain access to McKinney street. We have had discussions with the end result being that the beet way to route the Fire Department vehicles would be out to Mockingbird. This would involve constructing a driveway (30 feet approximately) from the existing entrance bay to the fire station to Mockingbird. The Street Division will construct this drive and provide milling materials for the surface. We finished discussions with Tim Fisher who informs us that well Site #9 is to be disposed of. This site would be of great value to the Fire Department (address 3309 8. McKinney - Fire Station #2). The final use for the entire property would be worked out later depending on your decision. An option that would be possible and compatible with the fire station use would be a recycling site with separate drives off Mockingbirde. Please consider this an official request for disposition of Well Site #9 to the Fire Department. We would be happy to provide any future documentation. Please call if you need further information. Jerry C arf xcs- Tim Sher ARE00317 i i 11 I s 8171566.8200 D/FW METRO 434.2529 EXHIBIT I u be` ~ A t oat L~ ' DE.iton,TX7b20' CtryoIDENTON MUNICIPAL UTILITIES / 9ot•ATexas Street i February. 9, 1993 i Trinity Presbyterian Church 2200 Sell Avenue Denton, Texas 76201 i Dear Mr, Brand: I Thank you for your interest in the well site on Sherman Drive. The l I city will be offering the property for sale upon the completion of the well demolition and capping. :"lie scheduled completion date is l August 1993. + '.'he survey of the property indicates that it is .217 acres. i t the property this moarg and if for price will depend on the current zonin can be developed. s If the property can be developed, the City is required to place public notices and take bids. If the property can not be developed, the City will contact the adjoining property owners and } negotiate with them. a call atinformation. 13If you have I will keep you informed I get further questions, give any Sincerely, owls Nancy J Administrative Assistant CC: Lee Allison, Director Water Engineering and Operations f t ExHoff U { t "r. aq~datNo q - O ! ~ r Ag"t Mn., ~S bate f January 25, 1993 Mr. lee Allison City Water Works Director 901 Texas Street Denton, TX 76201 t Dear Mr. Allison, We have heard that the city will be dismanfJing the water we'l and pumping equipment on the corner of our property at 2200 Sell Avenue at Sherman Drive and will be offering the property for We. We might hot interested in purchasing the property. We would appreciate any details you coulee give us concerning the property (exact size, price, etc.). Sincerely, Neal Brand Building 8z Grounds Chairman 4 I 5 I! 1 I 0 I l• ~ TRINITY PRESMERIAN cHURCH 22oo Beu Avenue,lkaton, Tern 76201 ;''r 1 817(3€2-8813 STER•ARDSHIPP CO3INIIT3IE\T I : us rr f. 4 f,; f P 1 r 1 Apda Dale 6'79 ld o ~1 CITY Of DENTON, TEXAS hfVWIPAL EVIL 01NG 215 E. VcKiNNEy i OENTON, TEXAS 76201 MEMORANDUM To: Jerry Cosgrove, Engineering Administrator From: Karen Mitchell Urban Planner f+r - SUBJECT: Property on Sherman Drive. _ DATE: July 23, 1993 -Pursuant to your request, the ? zoned Multi-family - One (MF-1)proAttach d is a list of permitted uses. However, the real question of this being a developable piece of property is not an easy one. Assuming an apartment b,jilding were to locate here the following data was observed: Lot size (appx.) 9452 sf Min. amount of land required for j one Bdrm. units (13009f) X 7 units 9100 sf t j Minimum req. parking (1.50) 10 spaces Front Yard 25 ft. "minimum Side Yard 10 ft. minimum Rear Yard 10 ft. minimum i Landscaping required - 201 of streetyard (minimum)` Fire lanes - minimum 20 ft. width I Travel lanes - minimum 24 ft. In width Minimum parking space design 91 X 18' Dedicate 100 of ROW. 1 F tried to sketch a design using these criteria however, the lot size is unusually shaped making this virtually impossible to•locate seven units on the site. There appears to be a possibility that a quadraplex could locate here; it will be tight though. ~ i in addition, the property would have to be platted. There may be road dedication of 10 ft; road improvements, and or drainage ' f improvements warranted. This too, could have a negative impact on the developability of this lot. I hope this answers your questions. rf you have additional questions please call Frank Robbins at 8350. EXHIBIT III +Y'i cis rr 1 LOCATION MAP .1 . Qu I Gr Q ri = ~ 'c.1f cr •.a ~1c~~ Fn r. l~.!'f4:~ ~!mAo •l~ I Gay ii N A .01 it I,. n 7~°i .•oW r~11= Gnt o o• , = t ,rdr ~iYr.v. w.ofDt G• y,n I.e.rJ!-. e.. :•r1~'ONI ) «Oe S , •NM It w CIA me I. MOWNa C.8" Balem- or UfAso, Qr 3 ~ t. M _ r tl••NI-1 GpJ~° _ .Y•[ I I ~1°f ...e... • , Asa," w SKx .S, .1 in .,A. _ WELL NO, 5 = a■ Yr. fir. "tiF sx , ' w1 • ! Vii. . iw.«w. a ~I . f u.,.. a.u ,,a a 0163 I 11 KI/O! • [•ON• GN UMll,rrr • I Inl/rVGi ° • a IT a real I,AlMM two, cal I .1t1 r WIMM44 IF n ~co", r •lIN • c r 1 •r f YrY,• ,urnro•t ~ ~.ariNGr ,r r ~y tenon" it 0 IMRf so ' ' 2 WELL NO.8 'MARY • r ~mro. 6 ION Yflp ° ` ~ ~ ` ~ r w [7 IMt~ AAA r ` Mr a w K4r Y 1 j 4 •3.Y...°., g • r WELL NO.9 I~ Minim IC Cr r iuYtU cr iw o [ • r°.M, 1 V 1 A L.•100 G> yam. a r r .\lGQ1[ryG 1. 11Y../t I lt• r. i / ~ III ~ ~r~~ \ _ rci•[t ~t f °j iv QYJyyj°o •s d'1 @so C r IF 9" I InMq ~ r ~ . • ..,.Q.MtQi irt'A ° [ . • r a.r.rnco so r~ G ~Irl it , Ifb1Ar 0 nVII'D EX'Hl ff IV < F' -igmftNa 12 1 SUBJECT PROPERTY 77- rn I 13 N ~.J O~Q~ r O 0 E p \ ;I ar \ i • d I IF IF WELL NO.5 r ~ s cl C~:] cl e1Lettltt 11111 11111Le Milt 1111111 0111 efeeeLt telcttfe EXMsjT V tuettfet filet Lill ffe11111 Mef rill - Will Ltte - I Y • • l r q I v tiendaNa. 9 a rL ate IL " IA;60.32 A& e • P v TO b CITY OF DE/JYbN ~1Ar VOL. 278 PG• r3Z D, P. tors u ~ 0 N y S I i • i ~ 17~ 5 De- WELL NO, s ~ I r~ ~ i I } A ,p~jdaNa q~ -D/ a !l)L 61A!E, 0 'l'1:?: " Know :Ut 1lcn 131 ')tlcec Pr,scnt;:~ y I 40 n _arner; ;lcno:l ::raer, era ,.fa of I vets , :;.y, - li !7!.ird ::^ner, e1 tLC Counly oI -21 s.`.~':: Sweof :eras, Iot ad m Cor. v: Hann of I, the sum of o ',undrel thirty and cc/10.^, ($230.00) dollars, • Ltrrxzs • !I ' m'is 7752: mbandpaidba ',t! Cit? of :)ent7n, :e7ac, -a ark or.:icn, ' - ! 11 - f bate Gnotni• Sold tad Conveyed, end b? thee, proms, do Gant, SO utd Couvey unto lfe said !1 City of Denton, Texas, a t'unicipal cor.orntiohe of the County of Denton Stale CI Texas AU Cwt eenafa l :.tit or 7a ..1 of 1'ittl 17i:^ and boil^ sit' ates i t2l c' f°'1t and ~LLt.t of lexL., a1:'. bCia, 1 i.1rL 1: tL. .r .a7i'i z~ Lairter asd beia; 7o-a ;orticulorly desoribei as a ,ar o tn,!-19 I_ ncra ~~t "';'CG b7 • ~1L'.'ta1 C.:d ;•i:a, ~i~aaQ'`-• to ",.r,a Ida June ^I'th, 1912, :nd reworded in .a:k 128, ;n,3 135, teed e+»ris of :eaton U,)t.ty, 'less, and s&za beial all or zhe Lort"seat corn of Bald .zct l;in; north and test of the ^rvent Sae:'a Hi^-7ay, and a::0 u: t~:'.:Lt.l Li:a ..J1'L::'dLt Cariltr e; osid 19 afar: tract at an inside corner of the 9,3. Hroley =stata troot ili411GS? South 130 feetatththe :oat Doundar" line of the :3.3, ::ley Zntale trust to a:rasr on tLe l;crth boundory line of the Deotrr--Sin roan hi -,Ly, 71MCS i.orth Sd de3reo3, Of hust 233 feet rigs tho Nortl: boundary j lin^ of sui8 a-,.vtlY, i!NL'. ,:ec: 196 feat 7:ith ttie North boundary line of 'ftm mid :aruer erect ttnd v e S'iith bounlar'; line -r the sail 3rulcy ~.i r. p ~L ~ I ~ f~ ` IfI n. 5 . IJ t ,l 1 f y5yy~li A~ I ~ Y l 7 r - - No _ -CY7 f I C Y' I oy rT ~J L~ / ~ I r 1 tom- • I i i I ~]y r I i C SUBJECT ,1 J PROPERTY 1 , L' i 1 .:L} lul l~J L~ WELL We 8 UL 4 I~ I 1, i EXH191T V t' y 4 RY g To fit* tllte .of u,rxklL fltmsu 'll litres Irk Sl:rar ~lrrarute aunlu at AL* That Was Alex Die-is and 'rife, Ollie Li-,tie, ~beo t of the County of Denton State of Texas for n:i~ w consideration III of the sum of T E I t (410.00) and ;;u/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS ' to us in hand paid by The City of Denton, Texas, a Lunicipal Corporation t - - - All cash in hand paid, the receipt of xhich is hereby fully acknowledged. f ; s- ~ I a rn I have Ctanted, Sold and Conveyed, and by these presents do Grant. Sell and Convey, unto the raid The City of Denton, Texas , a Municipal Corporation a" of the County of DenrAn State of Texas all that eertnin lot, tract or parcel of land S.yiaa and being situated about 1100 feet East of the city Of Denton's East City Limits and being in the County of Denton, State of Texan, and being out of the 7onathan Brock 320 acre Survey, Abstract .,io, 55, and said tract being in the nano of Ales Dic!ao as recorded in Vol. 326, page Eoa of the Dead Records of Denton County, Texas, uad being more particularly described as follows: BEOIlR1I11} at a stake at the t,orthe,est corner of said tract oerned by Alex Vickie, saate being the 8outliviest corner of a tract owned by R. 1', Miles, sane being the :.Ott side of a 23.5 foot Iona, same being 808 foot North of the ..ortnteest corner of Enoch L:orris Survey; THE14CE North 86 degrees, 14 minutes East 137 feet alonr, fence to a 4tuke for oornor, Dario being the Gortaoast corner of u:,id tract, urine l:• sing tae 8outllonst o3rner of a tract orsned by It. P. L:ilaD, saatu Uein; on the best lifie of property owned by Boyd Artastronr; it c ThIENCE South 1 derro9, 40 minutes Eunt 112.5 feet altnr; fence, satue aeing cuid tracts East property line n stake for cortmr; T101CE 'Snst 'JO dugrooD, 140 feet n stake for corner, s:nia being in the I'luat folios rued property line of ajid tract; I TIL'181' i.orth 103.5 foot ulon;; fenou ntud ';eat property lino to plaru of I•n,,llif~if~.•. rnn6ni 'i'. tn all 1.1"J60 tt,uru'n foot. ~k A ' f y. .4 4 i A 1 ~ Aoftko A MIdEI!!A Kinney i + v r i Q~ I CV SUBJECT ` o PROPERTY Ma Dan ---r C 1 i r WELL NO.9 r. •nlitut 11r1e tllutl ~~rt srltsox ~11x 11111L1 lolttsaxEXlil&T VII 111ttllt 11111 Lilt 1111111Lt Illtt tilt Atli Lill ? fI I til Y i 1{ e I t ' • e1~V'nni qi 1.1111 HE s~rn~rE op Ii.N051' ALL ALN BY T11 ESE 1 II►:SiAQ1~~, COU%M OF 3entcn 1 a~1 That we, J.A. cldnn:a an4 lltRlr z',li^,an .W~ '•V<~ ' of the County of Denton State of Tezss for and in consideration of the sum of one hundred and fift';.dollars (3150.00) DOLLARS, to us in hand paid by city cr Denton "nicipal :orooration _ :f 3 ~ . hM_ a Granted. Sold and Conveyed, and by these presents da Grant. Sell and Convey unto the said City of Denton, a municipal corporation _ of the County of Denton state of Texas , ail that certain tract of land lying end being situated in the County of Denton, State of Texas, and being out of the J.A. Oldham 32 Ac. Tract, same being out of the U. '.hum Survey Abstract J1442, and being more particularly described as follows t Beginning at a point N. 00 1283.5 ft. Thence N. 85-57 3. 1725 ft., Thence 9-0-22,1. 420 ft. of the S.E.C. of the LI.Yeachum array. ) ^ Said point being the S.rt. corner poet of J.R. Oldham 32 Ac. Tract, scene being on E. Side of County Road, acme being 42 ft. N. of b of E.'.1. County Road. Sane being . to Sta. (110 f 56 state Nighray Station). Thence N. C-224. 175 it. along fence to stake for N.d, comer. Thence S. e6-34 E. 100 ft. to stake for II.E.C. Thence S. 0-22 E. 175 ft. a stake in fence for S.E.C. E ; Thence N. 86-34 f. 100 ft, to stake for SAC. and A:07. t I TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto In anywise belonging unto the said City of Denton, a municipal corporation ? heir and aasitnn forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and aingultu the said premises 's unto the said City of Donton, Tems, a mmiciral corporation jSrs and assirtts, nialnst every person whomsoever bivNlly claiming, rr to eluirri the inme or tiny pan thereof. Witness our harelA at Jo-iton, Texas this 70th day of April A. D. ID 47 , , • ~ {fiiucw~cs.d 1tct;ueslof Crnnlor: ~ t="'-' _ a ~ i '9enQaNo.-.~ 1 _ ~enda~ S i 12 93 UEXTO\ COCE [pfd become available, sufficient United States Government securitics shall be sold or t me deposits withdra a-n to purchase the longest maturities available on the market. Sec. 12.01. Disposal of utility propertles. \n sae, lease or disposal of any utility system or any part thereof essential to continued t effective utility service, shall ever be made unless such sale, lease or disposal is approved by E a majority vote of all the qualified electors in the City of Denton. ! Sec. 12.05. Cooperation of other city departments. The (public utilities} board shall have the right to request the services of any officer or department of the city gcvernment; provided, however, that the utility system shall pay out of its revenues a proportionate part of the expenses of the department used in an amount agreed upon by the city manager and the board. If they fail to agree, the final decision on any such expenses shall be made by the city council. Sec. 12.06. Reserved. , Editor's note-Ord. No. 79.86, 3 2, adopted Dec. 11, 1979, and ratified Jan. 19, 1980, deleted former section 12.06 which pertained to the director of utilities and was derived unamended from the Charter adopted Feb. 24, 1959. Sec. 12.07. The public utilities board. (a) There is hereby created a public utilities board to be composed of five (5) members, E appointed by the council for four-year terms and until their respective successors have been appointed and qualified; provided that the members of the first board appointed under this j provision shall at their organizational meeting draw for terms as follows: One (1) shall draw a one-year term, one (1) a two-year term, one (1) a three-year term, and two f2) shall draw four-year terms, and at the expiration of each of the terms so provided for, a member successor i shall be appointed for a term of four (4) years. Members of the board may be removed by the council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an open public hearing before the council. Vacancies shall be filled for any unexpired term in the same mariner as provided for regular appointments. IN The city manager and director of utilities shall be ex officio members of the board. They shall attend all meetings of the board and shall have the right to discuss any matter that is under consideration by the board but shall have no vote. tcl Members of the public utilities board shall have the same qualifications as are re- quired for membership on the city council. (d) At its organizational meeting, and annually thereafter as soon as the newly appointed mea ber (or members) has qualified; the board shall select from its own membership a chairman. vice-chairman, and secretary. Any three (3) of the regularly appointed members shall consti• cute a quorum. The board shall determine its own rules and order of business. The board shall i 32 EXHIBIT 11 I r " I 1 ~oendoNo__q 6/7 9 ~ Ap~Itdaltel~ - ADMINISTRAT10N Date - 6 '9o ~I d' Records: davosmon of funds. The director of purchasing shall keep accurate records of Al scales and shall aubmit reports to the department cf finance and taxation containing: 1 A descriptive list of all items sold; The time and place of the sale: and 3i The price paid for the items. ti ! :111 funds received for sales must be delivered to the department of finance and taxation who shall deposit the funds to the credit of the appropriate fund. e~ Purchase by officers and employees prohibited. An officer or employee of the city shall t not, directly or indirectly, submit abid for, purchase or acquire ownership of personal property i sold pursuant to the provisions of this section. In addition to other penalties, an officer or R employee who violates this section forfeits his office or employment. t Code 1966, $ 20.24)-dr,1g)) , t a Seca. 2408-2.125. Reserved. DMSION 2. CITY•O1VN£D REAL PROPERTY Sec. 2.126. Procedures for dlsvosal. (a) Decision to sell. The city council, after receiving the recommendation of the planning and zoning :ommission, shall determine whether any real property owned by the city shall be offered for sale or trade; provided, however, that the sale, lease or disposal of utility system property shall be subject to the provisions of the Charter. i b) Notice and bids. If the property can be developed independently of any other property as zoned under current ordinances, public notice shall be given and public bids received in accordance with V.TCA. Local Government Code 6 272.001 et seq. (c) Negotiated safes. If the property cannot be developed independently as zoned under k present city ordinances or is otherwise exempt from the notice and bidding requirements of state law, the city manager may initiate negotiations for the sale of the property in accordance with V.T.CA., Local Government Code $ 272.001 et seq. rd) Type of conveyance, The city attorney shall determine the type of conveyance or other instrument to be executed by the city prior to the initiation of formal bid procedures, and the information shall be included in the notice. (e) Recommendation and action. After receipt and tabulation of bids or after reaching agreement for a negotiated sale, the city manager shall make a recommendation to the city council. The city council may reject the sale or award the sale by resolution or ordinance. Upon approval, the city attorney shall prepare and the city manager shall execute the appropriate I instrument of conveyance. (Code 1966, 4 2.70) 165 EXHINr M i 1 e . J }r..1 Ow nl n PROJECT CONSIDERATIONS plrC~ 0~1 • Well Sites No. 5 b 8 are no longer essential for utility service • The Charter and Code of Ordinances describe how Utility property can be disposed. e This item will have minimal financial impact. 1 i ' F F •.'s : r;. EXHIBIT IV S a, ~ rot y XITY=- ~cOUNC I - - I i I •+PO N = y _ ' I 1 , P i srV•V'Mp / ~snaaNo 4gendaN to l DA CITY of DENTON, TEXAS MUNJCIPAL BUILDWO / DENTON, TEXAS 762011 TELEPHONE (817) 56&830) } Ofllce of the City Seaefery MEMORANDUM Ytl ✓ 3 w DATE: May 12, 1994 TO: Mayor and Members of the city council ; A!' FROM: Jennifer Walters, city secretary ;J SUBJECT: Board/Commission Appointments T~ The following is a list of the vacancies for the City's Hoards/commissions: Council Member !Biller has nominated Rebecca King for the Board of Adjustment. • E s If you need any further information, please let me know. 13 i.: Ye er Wa ers C Recre ry , r} r~M~Y ACCOOOF4 ft rr 7a t r t c Y }r: TI ;r t r rTh C~, F i f l { ~e~l4aMo.~/'4 '7 ~ndldt'alr~✓ ~ I CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON, TEXAS 76201 MEMORANDUM i I k TO: Lloyd V. Harrell, City Manager FROM. Jon Fortune, Management Services Administrator DATE: June 7, 1994 SUBJECT: THE PROPOSED 1995-99 CAPITAL IMPROVEMENT PLAN Attached is the Proposed 1995-99 Capital Improvement Plan (CIP) for your review. City Charter requires that the proposed CIP, as recommended by the Planning and j Zoning Commission, be presented to the City Manager at least ninety (90) days prior to the beginning of the fiscal year. Council muEl receive the proposed CIP at least sixty (601 days prior to the beginning of the fiscal year. The attached Proposed 1995-99 Capital Improvement Plan was recommended by the Planning and Zoning Commission on May 25, 1994. The Planning and Zoning Commission approved a motion to recommend the attached CIP for Council approval but added that the Commission recognizes the many issues brought before them and are concerned with the large number of drainage issues out there and the manner in which they are prioritized. The Commission suggested that there be some consideration regarding the priority of these drainage projects. City Council will formally adopt the first year of the 1995-99 CIP on September 13, 1994. Please advise if you have any questions. Thank you. it AFFOOA30 N y'• 8171566.8200 DIFW METRO 434.2529 s I I I I I I I it I i I I 4 I I I ' CITY COUNCIL AGENDA PACKE." 7/5/94 l f N ~y T .i i ~ i I i I i D f r s AGENDA fie. rr-~~ CITY OF DENTON CITY COUNCIL July 5, 1994 Executive Session of the City of Denton City Council on Tuesday, July 5, 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: i 5:15 P.M. 1. Executive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. consider action in Brown v City of Denton. j j B. Real Estate Under TEX. GOVT CODE Sec. 551.072 Y C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 P Work Session of the City of Denton City Council on Tuesday, July 5, Y thea followings items Hall, 215 E. at which Council 1994 at McKinney, 6:00 p.m. in the be Texas City considered: NOTE: 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. Presentation and discussion of the 1994-95 Major Budget Issues , Report. Regular Meeting of the City of Denton City Council on Tuesday, July 51 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 May 31 and June 7, 1994 City Council meetings. 3. Citizen Reports A. Receive a citizen report from Willie Hudspeth regarding a drainage problem behind his house. % Y n,; S . +gWaNo. 911-6.21 4gendallerrV 0 M a City of Denton City Council Agenda 2 C July 5, 1994 Page 2 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning a 0.4192 acre tract located on the north side of East McKinney approximately 200' west of Loop 288 from General Retail (GR) to Commercial with conditions [C(c)]. Z-94-011 (The Planning and Zoning Commission recommends approval 6-0). B. Hold a public hearing and consider adoption of an ordinance rezoning a 17.9335 acre tract located on the east side of Ruddell Street south of the extension of East Hickory Street from single-family dwelling (SF-7) zoning district to Light Industrial-conditioned [LI(c)) zoning district. Z-94-013 (The Planning and Zoning Commission recommends approval 6-0). 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The city Council has received background r information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for 1 payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6.A, S.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. A. Bids and Purchase orders: 1. Bid 11632 - 1991 Upgrade Waterline 2. Bid 11633 - Ryan Road Paving and Drainage 3. Bid 11634 - Asbestos Abatement-Electric Production Plant 4. Bid 11636 - Rear Load Refuse Trucks ti r J I Agenda No Agendaltem, _ City of Denton City Council Agenda DNe~_ - July 5, 1994 D Page 3 B. Plats and Replats 1. Preliminary replat of Lots 1R and 2R, Block A, 3-J Addition. The 0.6469 acre site is located on East McKinney, east of the Piggly Wiggly store. (The Planning and Zoning Commission recommends approval 6-0). 2. Preliminary replat of Lot 4F, Block A, Section 2 of the Freeway Park Addition; into Lots 4F-1R through 4F-8R. The 8.481 acre site is located on the west side of Mesa Drive, at Los Colinas Drive. (The Planning and Zoning Commission recommends approval 6-0). 6. Ordinances r a A. Consider adoption of an ordinance accepting competitive ' bids and awarding a contract for purchase equipment, supplies or services, of materials, (4.A.4. - Bid 01636) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.1. - Bid 11632, 4.A.2. - Bid 11633, 4.A.3. - Bid 01634) C. Consider adoption of an ordinance authorizing the Mayor r to execute an agreement between the City of Denton a ADS Environmental Services, Inc. for professional engineering services. D. consider adoption of an ordinance amending the 1993-94 budget of the City of Denton by appropriating the sums of $991,672 and $201,037 from the Unobligated Fund Balance of the Working Capital Fund to Account Numbers 710-043- 0582-8708 and 710-025-0580-8710, respectively, and by appropriating the sum of $2140D,000 from the Unobligated Fund Balance of the Electric Fund to Account Number 610- 101-1011-5550-8204; and providing for publication. E. Consider adoption of an ordinance authorizing the retention of counsel to represent the City in pending litigation styled cohaaen v c>r~ e v F. Consider adoption of an ordinance amending ordinance No. 93-176 relating to the designation of depositories for City funds to provide for the execution of depository pledge agreements between the city and such depositories. i Y 1. . Agenda No. 2 Agendaltem City of Denton City Council Agenda S July 5, 1994 Page 5 13. Executive Session: fff A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVFT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. i { C E R T I F I C A T E } I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of (p.m.) 1944 at o'clock (a.m.) Ii CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE. CITY SECRETARY'S OFFICE AT 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. A00001£E I n i K i 4 r L 1 RETAKE TARGET r Because of suspected operator the ~ error or camera malfunction, i c preceeding page was refiimed and appears as the next image. i l 1 3 tfk F i i - - - - y I 4gendaNo q_.1/152r _ Ageada3tem~ City of Denton City Council Agenda Date July 5, 1994 G T S Page 4 7. Resolutions A. Consider approval of a resolution suspending the proposed effective date of the proposed new rate schedules and service regulations of Texas Utilities Electric company; providing that the rate schedules and service regulations of said company shall remain unchanged during the period of suspension; providing for notice hereof to said company; finding and determining that the meeting at which this resolution is passed is open to the public as required by law. B. Consider approval of a resolution appointing a member to the DENCO Area 9-1-1 District. C. Consider approval of a resolution authorizing the Mayor to execute Amendment No. 1 to the agreement between the City of Denton and the Denton Chamber of Commerce for the payment and use of hotel tax revenue. D. Consider approval of a resolution authorizing the Mayor to execute Amendment No. 1 to the agreement between the City of Denton and the North Texas Fair Association for the payment and use of hotel tax revenue. 8. Consider nominations/appointments to the City's Boards and commissions. 9. Vision Update 10. Miscellaneous matters from the City Manager. 11. Official Action on Executil,a Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 12. New Business This item provides a section f.-r Council Members to ,suggest items for future agendas. I I rr 6 t AgendaNo. 4y22L Agendaltem 1-~ Date _ City of De::. n City Council Agenda S July 5, 1994 Page 5 13. 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 r, NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO ' EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS f LEGALLY PERMISSIBLE. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1994 at otclock (a.m.) i (p.m.) j CITY SECRETARY NOTE: THE CITY OF DENTGN CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY s SECRETARY,'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS 1 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. A00001EE I i -CITY COt7NCI p l! r `s I 4 ~ s to O , 4r .4~0'J O M. ~0 G i E u I 0'Z1 APW CX CITY OF DENTON CITY Comm MINUTES May 31, 1994 The Council convened into an informational Briefing Session on Tuesday, May 31, 1994 at 7:00 p.m. at the Visual Arts Center, 400 East Hickory. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Miller and Smith. ABSENT: Council Members Chew, Cott and Perry 1. The Council and staff held presentations for and responded to questions from potential Board and Commission candidates. with no further business, the meeting was adjourned at 8:30 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS F f 0 JENNIFRR WALTERS CITY SECRETARY CITY OF DENTON, TEXAS t ACCOOID7 1 i I i t _r a 1 w e i I r 9 - oal a- APW CITY OF DENTON CITY COUNCIL MINUTES yb May 31, 1994 The Council convened into an Informational Briefing Session on Tuesday, May 31, 1994 at 7:00 p.m. at the Visual Arts Center, 400 East Hickory. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Miller and Smith. ABSENT: Council Members Chew, Cott and Perry 1. The Council and staff held presentations for and responded to questions from potential Board and Commission candidates. With no further business, the meeting was adjourned at 8:30 p.m. i BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS F JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i 4 t i ACCOOID7 i P t 1 , i~ f . v 1 Aeodako 9~ d2/ Agenaa►fem CITY OF DENTON CITY COUNCIL MINUTES Qde---_-....- June 7, 1994 2 The Council convened into the Work Session on Tuesday, June 7, 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 Smith. ABSENT: None 1. The Council convened into the Executive Session to discuss the following: A. Legal Matters Under TEX. GOVIT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Considered acquisition of real property near the Spencer Water Treatment Plant. C. Personnel/Board Appointments - Under TEX. GOVfT CODE Sec. 551.074 2. The Council received a report, held a discussion and ave staff direction regarding accepting assignment billing. on ambulance Kathy DuBose, Acting Executive Director for Finance, stated that the Finance Department had installed a personal computer based on the ambulance billing system. That system offered the ability to account for the subscription service, file Medicare billing electronically, and build a data base for gathering and reporting extensive medical and financial information regarding ambulance billing. The ambulance subscription service was put into place at that time to allow acceptance of assignment on insurance and Medicare billing for subscribers for a participants, once payment was received from month Medicares~ For $ insurance company, any remaining balance was written off and not charged to the patients. Several issues had evolved with the ambulance billing, one issue was that in prior reports to Council, when the practice was not to accept Medicare assignment, Medicare paid on an historical customary charge. The City's charge at that time was $120. When the City raised the charge to $2000 Medicare paid on the basis of the former charge. At present, the City only accepted assignment (direct payment) from Medicare for individuals on the subscription service. For those not on the service, the City filed individual claims to Medicare and rtial forwarded to the patient. The City then billed the patient for the entire charge. Last payment was , the reevaluate the charge and rincreaseithe ramounteit twould stover, Medicare had recently approved an increase to $200 and would now pay 80% of the $200 base fee. Another issue was the actual receipts on the ambulance billing for Medicare patients. As of May 1 L. r Apendako ~ -O2/ ~er~oait~._ City of Denton City Council Minutes y June 7, 1994 Page 2 310 1994 the City had billed $153,000 for ambulance service and had collected $75,000 or 49% of the billing. Medicare paid only 80% of claims when the provider did not accept assignment, but paid an additional 51 of claims where assignment was accepted. Supplemental insurance paid a 20% co-payment on the base fee only and excluded most additional charges on claims where assignment was not accepted. on claims where assignment was accepted, supplemental insurance would pay on all charges not paid by Medicare. Medicare issued payment directly to the provider within 14 days of electronic billing. of the 49% collected, many payments ware on an extended payment plan. The subscription service was not as successful as anticipated with only 300 participants this year as opposed to a budgeted amount of 780.. The subscription service had targeted fixed income individuals who might be interested in the service. Because of these issues, it was felt that the policy of not accepting Medicare needed to be reevaluated. if the City accepted assignment, $1300000 of the $153,000 billing would be collected. This would increase collections to $54,000 and additional supplemental insurance would increase approximately $221000. The City would also receive money early which would increase cash flow management. Staff's recommendation was to discontinue the subscription service and take assignment for all Medicare patients. I Council Member Perry felt that this was a fast efficient way to j handle such bills. ~J Council Member Smith asked if there were any restrictions on what Medicare would pay for. She knew of some individuals with the subscription service who called for an ambulance after falling and were not charged for such a call. DuBose felt that any time an ambulance was sent there would be a base charge for the individual but would check on that answer. The extra charges which occurred with the ambulance service, when accepted on assignment, would be paid more by Medicare. Council Member Miller stated that Denton appeared to be one of the few cities which did not accept assignment. He asked if there was any down side for accepting assignment. DuBose stated that if the City were now collecting 100% of what was billed, there would be a small loss. As the City was not collecting 1008, it would be to the City's advantage to do this. Council Member Smith asked about those individuals currently on the subscription service. a '~genoaNo -C7~/ ~genoa~t ~ ate 7__~,__ t City of Denton city council minutes ~ b June 7, 1994 Page 3 DuBose stated that those subscribers who had paid for a full year would be issued a refund for the months prepaid. For those who paid on a monthly basis, billing would cease. Council Member Smith asked about an individual who fell but did not need to be transported. DuBose replied that everyone would now receive the same benefit as those currently on the subscription service. City Manager Harrell stated that currently with the subscription service, if an individual would fall, the firefighters would be there to help get that person up and would not transport them to a hospital. Council Member Smith was asking how that would change without the service. He felt that if Council wished to continue that practice, the firefighters could be directed to not charge in those instances. Rick Svehla, Deputy City Manager, stated that the $160 could be paid by Medicare with no balance billing to the individual. Mayor Castleberry asked that if the Medicare deductible was not satisfied, who would be responsible for the charge. DuBose replied that when the City took assignment, any charge not approved by Medicare could not be balance billed to the patient. Perry motioned, Chew seconded to accept this method of billing. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 3. The Council received a report and held a discussion regarding the implementation of the 1995-99 CIP Program. This item was pulled from discussion. 4. The Council received a report, held a discussion and gave staff direction regarding the televising of City Council Work Sessions. Richard Foster, Public Information Officer, stated that Council had had several prior discussions regarding the televising of council work sessions. Council was to evaluate those sessions and decide whether to continue televising. The cost involved for the additional work sessions would include the additional hours for the interns and the costs for the videotapes. An analysis of the budget indicated that the account would be short a few dollars for ~peoeaNo -D2/ AgenGait ate City of Denton City Council Minutes u June 7, 1994 Page 4 personal services and bit more for the cost of tapes. If Council decided to continue televising the work sessions, a firm starting time for those meetings would be needed and Council would need to adhere to that time as the public would have been notified of the starting time. If extra money was needed at the end of the fiscal year, the Council might need to make those provisions. Council Member Perry stated that there were other considerations besides cost and felt that the costs were reasonable. He felt that it would be simple to set up the meetings to televise in the Civil Defense Room. The council had just gone over an intricate item and it was important to communicate among the members. The Civil Defense Room was more conducive to fine communication than the Council Chambers. It was hard to hear, see and communicate in the Chambers. It was important to deal with difficult matters as well as possible. If the mission for televising the meetings was to inform the general public word for word of what went on in the meetings, he suggested that the Council also consider broadcasting the meetings over the radio. Radio with TV would greatly increase the City's availability for all of the public. He would like to see a plan whereby if both work sessions and regular sessions were f televised, that they be done in the Civil Defense Room in that type of setting. Mayor Pro Tem Brock asked about the broadcasting on KNTU. Foster replied that the City was not doing that, but rather the radio station was doing the broadcasting. The city could encourage the radio stations to do the broadcasting. Council Member Perry stated that he was not suggesting that the radio be used as a stop gap, but to broadcast the same as with television. The idea was to reach the public with both medians. Council Member Miller asked if Council Member Perry was suggesting to pay a radio station to broadcast the meetings. Council Member Perry replied to do whatever it took. Council Member Miller asked if it would be practicable to televise in both places in regards to equipment, etc. Foster replied that at an earlier Council session, it was discussed that that would not be possible as all of the equipment was In the Council Chambers and most of that equipment was not portable. To broadcast from the Civil Defense Room would require duplicating equipment and more space for the equipment. There also was no sound system in the room which would cause problems for the audio -719 I %$NINO 9 'D2/ t aOenCalt Date1 City of Denton City Council Minutes June 7, 1994 Page 5 equipment. Council. Member Miller agreed that there was a need to communicate to all citizens and that there would be some trade-offs if that were done in the Council Chambers. The Council spent much time in work sessions discussing issues and there was not much discussion done during the regular sessions. He felt televising the work sessiors would encourage individuals to become involved and was in favor of televising the work sessions from the Council Chambers. Mayor Pro Tem Brock stated that with the two sessions done in the Council Chambers, it was easier to see other Council members. It was not as easy to see other members in the Civil Defense Room. She liked the informality of being around the table in the Civil Defense Room but felt that the room was not conducive to inviting the public to participate in the discussions. The work sessions were where the decisions were being made and public needed to see the process. A consensus was reached in the work sessions and staff was given direction there. Council Member Perry stated that the other aspect of his proposal dealt with the radio broadcasting of the meetings. Mayor Castleberry stated that the radio stations could be approached to see if they would want to do that broadcasting. i Council Member Perry again questioned not being able to get the ~J equipment to fit in the Civil Defense Room. Brock motioned, Miller seconded to begin televising the Council work sessions in the Council Chambers and to begin investigating broadcasting the meetings on a radio station. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. City Manager Harrell asked for a time for starting the work session in the chambers. Consensus of the council was to begin the executive session at 5:15 p.m. and the work session at 6:00 p.m. 5. The Council received a report, held a discussion and gave staff direction regarding the advertising of the position for a regular part-time municipal judge. City Manager Harrell stated that Council had dealt with all the questions regarding this issue except for the advertising of the , . rl~ AgendeNo .2 Aganda~tam S. Date 7 I City of Denton city council Minutes June 7, 1994 Page 6 position. Tom Klinck, Director of Human Resources, stated that he had provided a job description for Council review. Council needed to decide whether to post internally or out-of-house. The Municipal Court Committee would review the applications and refer three to Council for consideration. He provided a time line regarding internal and external posting. Council Member Cott asked how the evaluation would be done on the employee, once hired. Klinck replied that the Council would do the evaluation. Council Member Perry felt that the Council should compromise by posting for the job in a manner so tliat any applicant could apply for the position. The process should be as free and open as possible and suggested posting the position out-of-house. Council Member Chew stated that, with this particular position, he was in favor of posting in-house. If there were no qualified applicants from an in-housing posting, then go external. Council Member Miller agreed with that suggestion. Any time someone was hired from the outside, first hand information regarding the individual was not known. when a position was posted f externally and then an individual hired internally, there might be 4l a problem with a perception that the decision had already been ~J made. Brock motioned, Smith seconded to advertise both external and internal so as to have a wide choice of candidates. on roll vote, Brock "aye", Cott "aye", Miller "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. The Council convened into the Regular Session on Tuesday, June 71 1994 at 7:00 p.m. in the Council Chambers of City Hall. 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. i a 40endaMo _ Da r Da to City of Denton City Council Minutes June 7, 1994 Page 7 2. The Council considered approval of the minutes of May 3, 1994, May 4, 1994 and May 10, 1994. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the fol7--wing proclamations: National Safe Boating Week All War Memorial Day in Denton The Council received tee-shirts from the supporters of the Eurekal playground. 3. Public Requests A. The Council considered approval of a resolution temporarily closing Avenue E between Eagle Drive and Highland Street on Saturday, June 11 from 7:00 a.m. - noon; 5:00 p.m. to 8:00 p.m.; and 10:00 p.m. to 11:30 p.m. for the Promise Keepers Conference. Joseph Portugal, Assistant to the City Manager, stated that this resolution was a request from Promise Keepers to close Avenue E between Eagle Drive and Highland Street for their event to be held at Fouts Field. This request would provide safety for the attendees at the event. The following resolution was considered: NO. R94-020 A RESOLUTION TEMPORARILY CLOSING AVEOUE E BETWEEN EAGLE DRIVE AND HIGHLAND STREET ON SATURDAY, JUNE 110 1994; AND PROVIDING FOR AN EFFECTIVE DATE. Cott 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. B. The Council considered an exemption to the noise ordinance for the Juneteenth Celebration until 12 midnight on Friday, June 17 and Saturday, June 18, 1994. 4gendalte ~iale • City of Denton City Council Minutes gy June 7, 1994 Page 8 Joseph Portugal, Assistant to the City Manager, stated that this was a request for a variance to the nois9 ordinance. The noise ordinance stated that loud speakers, amplifiers and musical instruments were a noise nuisance after the hour of 10:00 p.m. The Council could make an exemption to that when the public interest would be served. The event would be held at the Fred Moore Park with a number of activities s-heduled. The Juneteenth Committee also requested that the ti~)-.lar hours at Fred Moore Park be extended from 10:00 p.m. u'r.til midnight which would allow the festivities to close at 11:0b p.m. and vacate the park by 12:00 midnight. The Council approved a similar request last year. i Council Member Perry asked what would be the procedure if an individual called in a complaint to the police department regarding the noise from the park. Portugal,replied that an officer would be dispatched to the scene and would make a decision, based on the conditions at the time, if the noise was excessive. Officers would be present at the event when in progress. These officers would respond to a complaint and could make a determination regarding the noise. Council Member Perry stated that constitutional issues were involved and no group had a right to invade the privacy of another's home with noise or other disturbances. He was not certain that Council had the authority to set aside those rights. He felt that the event would work just as well under the existing } ordinance and the event could take place without the late hours. ~J He was generally opposed to the =tinuati.on of noise until midnight. Chew motioned, Miller seconded to approve the exemption. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. C. The Courncll considered an exemption to the noise ordinance for the Pro Youth Rodeo Association until 12 midnight on Saturday, June 11, 1994. Joseph Portugal, Assistant to the City Manager, stated that the Pro Youth Rodeo Association had requested an exemption to noise ordinance for a rodeo at the Fairgrounds. Council could make an exception to the noise ordinance if the public interest were to be served. This event was held last year in July and was sponsored by the Sanger Chamber of Commerce. j k w +pendaNo '7 4gendallem Oale City of Denton City Council Minutes June 7, 1994 Page 9 Council Member Smith asked if the noise would be for loudspeakers or would music be involved. Portugal replied that it would be for an amplifier and loudspeaker to announce the events. Council Member Smith asked if the rodeo would be completely through at midnight or would there be cleanup time after that. Sandra Riley stated that sometimes their rodeos started at 10:00 used music during loudspeakers there n mithe ght be evening. md went andlate a timed event, to call events Smith Council Member midnight cut ff. Would they stated be that she able to be afini finished by midnight. Riley stated that they probably would not be completed by that time. Mayor Castleberry stated that the ordinance requested that the loudspeakers would stop at midnight. Council Member Smith stated that the event would continue even without speakers. Riley replied correct. She indicated that they did not have any problems with individuals involved in the event. Council Member Cott stated that most of the activity would be in end be e on the west s the rodeo arena and not all was designed to contain noise o and vehicles would The of the park. Riley replied correct that none of the events would be by the gate of the grounds. Council Member Cott stated that there were only two events which did not cause any noise in the area. The Fair bought new equipment to confine the noise to the arena. Mayor Castleberry stated that when show time was over, most people were gore and the crowd would have thinned out. There would not be much of a crowd leaving at midnight. Riley stated that the show was over around 10:30 p.m. but that there were events for the extra contestants. i ~gendaNo. 9y-02~~ Apendalt _ D310- Cityof Denton city council Minutes June 7, 1994 Page 10 Council Member Perry stated that there were people in neighborhood with children and they needed to be able to get their rest. This was not the only event at Fairgrounds which went late at night and that disturbed the neighbors. He was concerned with the 400 contestants and the traffic flow in area. Portugal stated that there were no additional arrangements for traffic coming and going from the event. Miller motioned, Chew seconded to approve the exemption. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 4. Citizen Reports A. The Council received a citizen report from Joe Dodd regarding the Parks and Recreation Summer Food Program. Mr. Dodd stated that he realized the Council had contracted with the DISD for summer lunches but asked that Council consider no further cchanged the food service s service to situation a for profit system which the DISD ran and used the profits. No other school in the area did this. The food service people deserved better, as did the children. Since the children now provided profits for the DISD, they were receiving less attractive lunches. The food was not as good as it could be and not as good as it was in the past. The decision to change to a for-profit system and use the money for contrat public with decision. the o DISD H until there thethe re Council non-food another was not a was ci have a a public hearing on the issue. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance zrnexing and temporarily zoning a tract of 79.69 acres located along FM 2164 and extending approximately 3,482 feet north of Bobcat Road (First Reading) (The Planning and Zoning commission recommended approval, 6-0). Frank Robbins, Executive Director for Planning and Development, stated that this was the fourth public hearing on this annexation. The Planning and Zoning Commission had one hearing and Council had had two prior hearings. At the last public hearing there were some questions and issues raised and staff had met with those property owners near the area and clarified those issues. This was a strip annexation up Highway 2164, which would not annex any buildings, to F i 3 's i aQW4di k0, ~ "Q AgerMaft Oete ' City of Denton City Council Minutes yd June 7, 1994 Page it gain platting authority in the area. The property would be added to the City's ETJ in an area where the City was now authorized to provide water service. The ordinance required 6 votes of Council to pass at this reading. July 19 would be the final action on this ordinance and would also require 6 votes of the Council to pass that night. The Mayor opened the public hearing. i No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Council Member Cott asked if someone built a home on the annexed property, would the City provide services. Robbins stated that with the portion of property being annexed, state law required that the fire department would respond in that area. If a house were built in that area, the City would respond to a fire at that home. There were no structures in the area at this time. Council Member Miller stated that the City would not necessarily put utilities in that area. Robbins replied that they would be available but the extension was not affected whether in the City limits or not. I, ~J Council Member Smith asked about police response. Robbins replied that the day the property was annexed, the police department would be required to respond. The following ordinance was considered: (FIRST READING) AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING 79.69 ACRES OF LAND LOCATED ALONG F4 2164 AND EXTENDING APPROXIMATELY 11482 FEET NORTH OF BOBCAT ROAD AND INCLUDING 450 FEET ON THE WEST SIDE AND 550 FEET ON THE EAST SIDE OF FM 2164; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING A TEMPORARY AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. I r i , AgendaNo. Agendaii we City of Denton city council Minutes June 7, 1994 Page 12 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. 6. Consent Agenda Council Member Cott questioned that there was no useful life calculation on a financing basis for Bid #'1630. Tom Shaw, Purchasing Agent, stated that it was ant.k..pated that the equipment would have a 10 year life ahic',would give the additional life after the three year payout. Smith motioned, Brock seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Contracts 1. Agreement with the Denton City-County Uay Nursery for funding facility rehabilitation B. Bids and Purchase Orders: i 1. Bid 01614 - Sale Scrap Transformers 2. Bid 01629 - Shoring Shields 3. Bid 01630 - Boring System 4. Bid 01639 - Denton City/County Day Nursery Renovation 5. P.O. 145135 - IBM 7. Ordinances The Council considered the bid ordinances. NO. 94-099 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON C:TY-COUNTY DAY NURSERY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. AgenCa~t City of Denton City Council Minutes June 71 1994 Page 13 A. NO. 94-100 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. B. NO. 94-101 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. C. NO. 94-102 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. City Manager Harrell noted that Item 6.B.1. needed to be omitted from ordinance 7A as it was not required to be adopted by ! ordinance. J Smith motioned, Perry seconded to adopt the bid ordinances. On roll vote, Brock "aye", Cott, I'aye", Miller "aye", Smith "ayes', Chew '$aye". Perry "aye's, and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving a certified local government grant with the Texas Historical commission for a historical survey. (The Historic Landmark Commission recommended approval.) Jane Biles, Main Street Manager, stated that this ordinance would approve a contract with the Texas Historical commission for a historical survey. This item had been discussed with Council at a prior session and funds would be used from the hotel/motel funds for the City's allocation of the grant. The City would be reimbursed $11,135 for the grant. The following ordinance was considered: i i S, ~penda No 4oendalte Oats City of Denton City Council Minutes June 7, 1994 Page 14 NO. 94-103 AN ORDINANCE APPROVING A CERTIFIED LOCAL GOVERNMENT GRANT WITH THE TEXAS HISTORICAL COMMISSION FOR A HISTORICAL SURVEY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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 "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a Combined Final Statement of Community Development Objectives and Projected Use of Funds and HOME Program Description. Barbara Ross, Community Development Administrator, stated that this resolution would approve the Combined Final Statement which included the statement of community development objectives and the HOME program description. The Final Combined Statement included recommendations by both the Community Development Advisory I Committee, which were CIP recommendations and housing projects, and 1l the Human Services Committee recommendations. The Human Services Committee recommendations included only the use of CDBG funds for human services, not general fund dollars. At the May 17th meeting Council wanted to consider two options, the original recommendation from the Human Services Committee and the option recommended by Council Member Miller. Council Member Chew asked that the SPAN transportation and SPAN services be removed from the discussion. City Attorney Drayovitch stated that Council Member Chew was requesting that Council consider the items in the proposed statement other than the SPAN funding issues as he would be abstaining on those issues as a member of the SPAN Board of Directors. Mayor Castleberry asked if there were any objections to that request. Mayor Pro Tem. Brock asked how the Council could consider the Miller recommendation as there were sums which would be allocated to the Community Clinic, Friends of the Family, TWU Cares and the Parks ABen+~eRe w2~ City of Denton City Council Minutes June 7, 1994 Page 15 programs from the SPAN funding. ated that council Member Chew roPs asking City Attorney Drayovitch st riating that Council consider the issue of funding those app funds on their merits and not on where the money would be coming from. Council Member Miller asked if it would be possible for Council Chew to excuse thenereturn for the other himself discussions regarding human servicesnfrom the general fund and/or CDBG. City Attorney Drayovitch stated that that would be appropriate but she understood that there was SPAN funding under both. Ross replied that under one scenario there was no SPAN funding. native pro City Attorney Draovitch stated that ccept blee. aSherfelt that there was Council l Member the SPAN funding. some confusion regarding Ross stated that the Final Statement needed to be accepted or rejected was made, a vote would be taken on all of the recommendations for City Manager Harrell stated that there were two allocations was SPAN. With Council Member Miller's proposal, $41j5000 wich allocated for transportation, would be removed and reallocated. The othor $26,000 for services would remain under both options. Ross stated that the $26,000 was a general fund item and was not included in final statement. City Attorney Drayovitch stated that Council Member Chew was going to excuse himself from the initiialddiscussion and once a decision had been made regarding SPAN, rejoin the meeting. Council Member Chew left the meeting. from Council Member Perry stated that it was proposed that SPAN the general fund would be allocated to SPAN. Theproposed allocation from block Part of theg rationale was that the SPAN fundsdwouldtnot the age be matched with federal funds. Some of the agencies to which City reallocation was directed were funded by federal grants. what Council ller had would not uld sstillibe mat hing Meederalmmoneyber federal posedoney.. The City w h ~ ~gendaNo. 9 "~~,L Aygendaltem INte - r City of Denton city council minutes June 7, 1994 Page 16 Ross replied that some of the agencies did use the funds to match state and federal dollars. It depended on whether or not community development block grant funds were eligible to be used as a local match. Council Member Perry stated that some of the agencies to which the funding would be directed, were funded by federal funds. Council Member Millerfs proposal, as he understood it, was to take general fund dollars and put in transportation and use the transportation money in community development dollars for other agencies. He felt that that would not be achieved. Council Member Miller stated that the transportation funds were in the form of a grant. The others were general funding and were not with matching funds. Ross replied that if Council Member Miller was referring to the igcluencyifundinCDBGgisuch g, agencies as match their HOPE, nsitused local i transitional housing lfunds from HUD. Council Member Perry asked if all of the reallocation of the money would not involve matching federal dollars with federal dollars. Ross replied that the proposed agencies were not matching federal dollars. Miller motioned, Brock seconded to remove the transportation portion of the SPAN funding originally recommended by the Human Services Committee and the Community Development Advisory Committee from this particular funding cycle and that that be considered later when the Council considered the general fund. That amount was $41,500, approximately $25,000 of which would be cash from the general budget and $15,000 would be in-kind services. Council Member Perry asked where the federal dollars from SPAN would be going. Council Member Miller stated that that discussion would be under the next section of consideration. Mayor Castleberry asked Council Member Miller to restate his motion. Council Member Miller stated that his motion was to take $41,500, the amount recommended for the transportation portion of SPAN, and remove that amount from the funding cycle. That amount would be considered later when Council was considering the general budget, 5 VndaNo agendaltem Date City of Denton City Council Minutes June 7, 1994 Page 17 which would include $25,000 in cash and $15,000 of in-kind services. A later discussion would consider reallocating those funds for human services budget. Council Member Perry stated that the Council had designated a Committee to provide recommendations, and that Committee had worked very diligently to provide the Council with an allocation of funds. To vote for the motion on the floor, would vote down one of the main recommendations of the Committee. Council Member Miller stated that the recommendation would defer consideration at a different funding time. Council Member Perry stated that the recommendation was to take the funding which the Committee recommended be allocated to SPAN and do something else with it. Mayor Pro Tem Brock stated that Council did appoint advisory committees but the final responsibility for making these decisions belonged to the Council. The Council could not delegate that responsibility to another committee even though it did consider committee recommendations. Council Member Cott stated that if Council intended to change the chart of account of the entire system, it should have been given to the Committee while the council was working with it. If it was going to be possible for the Council to get stuck on a budget, to not have the discipline to reduce a part of that budget, but decide to add to the Denton taxpayer's expenses, then why not let anything go in the general fund. Mayor Pro Tem Brock stated that what the Council was suggesting did not resemble what Council Member Cott was proposing. Council Member Miller stated that as a community, Denton decided several years ago to provide public transportation for the community through SPAN. There was money in the general fund to provide the City's portion of the SPAN transportation services. There was a Committee which did a great job on this issue but they were told that they had an increase in the budget from $100,000 to $150,000 for human services. There was a recommendation that $41,500 be allocated for transportation services for SPAN. There was no increase from $1001000 to $150,000 for human services. The increase was from $100,000 to less than $110,000. There were other recommendations from staff which reduced that to well below $100,000 for human services. previous funding ccycles. circumstances were much different Through gendaNo 9L agendaltem late City of Denton City Council Minutes June 7, 1994 Page 18 Council voted on council Member miller's Smith o"aye",oPerryl"nay°, Brock "aye", Cott 11 nay , Miller "aye "t, and Mayor Castleberry "nay". Motion failed with a 3-3 vote. Mayor Castleberry indicated that SPAN would Community tDevelopmenthe remain in Final statement as recommended by Committee. That meant Ad Council visory Membert Chew ncould anotereturn to the meeting duringthbt discussion. Coancil ooriginalMember recommendation of theoHuapprove man Se vices Commit ee and the motioned community Development Advisory Committee. Motion died for lack of a second. Ross suggested an additional option. There was approximately ,of in-kind $25,000p approximatemalytch$15whic0701hfcoorureald be agenciest. would SPAN free Council Member Perry felt that that would be a compromise of having $15,000 instead of $25,000. Ms. Ross which Perry motioned to approve the option suggested by would take $25,000 of in-kind services and leave $15,000 to be reallocated. $15 000 in-kind d and it $2was not 5,000 cash; 000 of in-kind Council Hember Miller stated servicesbut Ross replied that $25,799 was what would be needed according to the memo. Council Member Miller stated that that would be cash. The in-kind would be $15,000. Ross replied correct. Council Member Perry withdrew his motion. Council Member Smith asked what the alternative suggested by Ross would free up in regards to allocations to other agencies. funding allocation by previous would sing in kind Coreduce he $4 Harrell 500 stated CDBG that st requested that CDBG funds, in the amount of staff time. Staff $25,799, then be allocated to fund the $50x799 needed to continue SPAN operations. thesgewould neralffunduexpense0constant°att$55t826. projects cts ann i VsndaNo. Agendaltem { Date City of Denton city council Minutes O yb June 7, 1994 Page 19 Council Member Miller recommended receiving citizen input at this time regarding the issue and that if there was anything specifically dealing with SPAN that those be dealt with first and then allow Council Member Chew to return to the meeting for discussion. City Attorney Drayovitch stated that the only Combined Statement left included SPAN. Council Member Miller stated that a motion would not be before the Council. tie was sug-resting receiving citizen input only. If there would be a SPAN discussion that would be held first and then any other issues. Council took a brief recess. Council Member Perry motioned to approve Option 1. Motion died for lack of a second. Mayor Pro Tem Brock motioned to reconsider council Member Miller's earlier motion which ended in a tie vote. City Attorney Drayovitch indicated that Mayor Pro Tem Brock's motion was not valid per the council's Rules of Procedure. Miller motioned, Brock seconded to approve Option 2. Mayor Castleberry indicated that there were speaker cards regarding this issue and asked if Council Member Chew could return to the meeting. Debra Drayovitch, City Attorney, stated that Council Member Chew could return for the discussion as long as there was no discussion regarding SPAN funding. He could also vote on the issue as long as there was no SPAN funding included. He might need to be excused again if a SPAN discussion came up again. Council Member Chew returned to the meeting. } Cheryl Sutterfield indicated support for funding for Friends of the Family at the requested level. Cristen Conley stated that she supported funding for Friends of the Family as she had r.ecsived services from that agency and it was a very needed agency in the City. The Council took a short recess. ~enaano ~ ~gendait ~~te City of Denton City Council Minutes 6 June 7, 1994 Page 20 After the recess, Mayor Castleberry indicated that there were speaker cards from citizens who did not wish to address the Council but who wanted their comments known plus some additional speakers. Myra Clemans indicated support for Option 2 of the proposal. Kris Altman indicated support for Option 2 in regards to Denton County Frienis of the Family. Warren Searle, Chair-Denton County Friends of the Family Board of Directors, stated that there was a lot of confusion on the part of the citizens when thesr, matters were reduced to procedural matters. He stated that it was essential for the City to figure out how to fund these agencies. Sylvia Sumter indicated support for more funding for Friends of the Family. Sandra Platt stated that she was a former client of Denton County Friends of the Family and felt it was very important that funding be continued. This was the only option for a safe place for people to stop and think and help stop domestic violence. She asked that the Council consider funding for the agency. i Carole Eason indicated support for Option 2. J Mark Sandel indicated support of Option 2. Allen Campbell indicated support of City funding for Denton County Friends of the Family. Ycry Neal Hyden indicated support of option 2 which restored funding to Denton County Friends of the Family. Cathy Slaughter indicated support of Option 2. Donna Clayton indicated support of Option 2 for funding for Friends of the Family. Janie M. Grimes indicated support of restored funding to Denton County Friends of the Family as it provided an invaluable service to the community. Jeanne Birks indicated support for Friends of the Family as it provided free shelter and counseling services to victims of family violence and sexual assault. The agency was unique in the City in providing these needed services. •9 r gndaNo 4gendaitem Rate ' 6 City of Denton City Council Minstes June 7, 1994 Page 21 Starr Green indicated support for funding for Friends of the Family. Jennifer Altus indicated support of option 2 which restored funding to Friends of the Family. Deborah Cosimo indicated support V,r Option 2. Susan O'Dell indicated support for option 2 for Friends of the Family. Diana Philip indicated support for option 2 which would restore funding to Denton County Friends of the Family. Joy Hesch indicated support of option 2 which restored funding to Friends of the Family at the current level. The agency needed financial support in its efforts to stop the cycle of domestic violence. Kellie Kaufman indicated support of funding for Denton County Friends of the Family. i Donna Oldaker indicated support of Option 2 so that Friends of the Family could maintain its current services and perhaps expand to serve more people. Rich Tompkins indicated support of option 2. Council Member Chew felt that Option 2 was a win/win situation for the City of Denton. Council Member Cott stated that the City Council had succeeded in taking Council Member Miller's proposal and taking away the SPAN expenses but not taking a hard look at all of the others. The SPPN funds needed to be put somewhere else. That was an increase to the taxpayers of the city and showed the Council's inability to discipline themselve3. He recommended that the entire proposal be turned down. Council Member Miller stated that Option 2 also talked about aspects other than human services. In addition, there was also funding for projects such as the renovation of the American Legion Building, the improvements to the Denia playground, the MLK improvements, the MK&T Railroad culvert improvements, the Chambers/Boardwalk/Park Lane/Simmons repaving, a Homebuyer Assistance program, the Owsley Center, Chambers Street drainage, Fred Moore Child Care Center renovation, City-County Day Nursery playground drai,iago, the Fairhaven Rehabilitation, and demolition ~gendaNo q~ Dgenda~t~ ~ 94 ~ta_~~ City of Denton City Council Minutes June 7, 1994 Page 22 and clearance expenditures. These were recommendations which were recommende the Advisor were accepted by the councilyinebringingtforth the resolution and Mayor Castleberry stated that Council Member Miller had indicated items included in option 2. Council Member Perry asked if the motion included combined CDBG and Human Resources recommendations. Ross replied that the Combined Final Statement of Community Development Program Description i included human service expenditures n under CDBG• Council man aSeOrvicenallocati nL eall of xcept tforCthe allocations band all the stated one excepted earlier. Ross included1community t development block correct. n and final statement HOME program funding. There were some recommendations under the CDBG program ' for human service agencies to be funded. It did not include all of the Human Services Committee recommendations. Council Member Perry stated that the combined option included everything. in d he all of the Ross replied that both q i programs option listed included public works and housi combined statement. City i items Manager rbotHarrell stated h Option 1 and Option 2 that o were not shaded were recommended by the Human Services Committee to come out of the General Fund and would not be considered until budget deliberations. The only items which the Council was considering as part of the combined statement were the shaded areas plus the public facilities recommended by the Community Development Advisory Committee. Those items were the same on Option 1 and option 2. The disagreement centered on the human services portion of the shaded area. Mayor Castleberry stated that the motion included, as shown on the overhead, the non-shaded items of option 2. Ross replied that the shaded items in option 2 were included in the Combined Final Statement. ' T ~gendaN0 Agendaltern _ Elate 7- City of Denton City Council Minutes ~ June 7, 1994 it°P Page 23 Mayor Castleberry stated that the current motion regarding Option 2 did not include the shaded items. Ross replied no that the motion did include those items. with option 1, everything through page 5 of the agenda back-up materials was also included in Option 2. Those were the public works projects and would remain the same regardless of which option the Council chose. Pages 6 through 10 of the agenda back-up materials were where the change occurred. (Attachment A) Council Member Cott stated that the Council promised the citizens no tax increase. It looked like the very first item the Council looked at would involve a tax increase on real estate. He indicated that his comments dealt with the half cent sales tax increase. Mayor Pro Tem Brock stated that the Council did not promise a no tax increase. They promised, as required by State law, a substantial reduction in the ad valorem tax rate. Council Member Miller stated that what the council was doing this evening did not affect the tax rate. x On roll vote of Council Member Hiller's motion to approve Option 2, 1 Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 4- 3 vote. The following resolution was considered: NO. R94-021 A RESOLUTION BY THE CITY OF DENTON* TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A COMBINED FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS AND A HOME PROGRAM DESCRIPTION WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the Combined Final Statement of Community Development Objectives and Projected Use of Funds and HOME Program Description incorporating the information included in option 2 for the human services funding and balance of the original recommendation. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and ~andat,o r a/ Awndaltem -~-s- Date City of Denton City council minutes June 7, 1994 Page 24 Mayor Castleberry "aye". Motion carried with a 6-1 vote. B, The Council considered approval of a resolution authorizing an amendment to the interlocal cooperation agreement with Denton County for shared roadway maintenance for the City of Denton and Denton County roads. county had done in the the west rn edge Rick svehla, Deputy city Manager, stated ment, proposing some work, relative to the original ag The county was of the agreement on Hwy 380 west. enda back-up materials. trading maintenance areas a would noted be nmaintaining were currently in The streets which the City no seen in undertaking the was maintenance of those there roads. difficulty The following resolution was considered: NO. R94-022 AMENDMENT TO THE INTERLOCAL A RESOLUTION AUTHORIZING AN OC UNNTYRROADS; COOPERATION GRETHE CIWITOFDEETN~TON AND D£NTON SHARED MA AND pROVIOING FOR AN EFFECTIVE DATE. aution. On roll motioned, Smith seconded to approve ate resmith"aye", Chew Perry vote„ BPreock " aye", and Mayor Castleberry "aye". Motion carried aye , unanimously• considered approval of a resolution C. The council authorizing the City Manager to execute Amendment N 1 to the for at o funding public transportations Department of public ran spo t Transpor stated that this Joseph Portugal, Assistant to the City Manager, was for an amended contract with the ing Texas for Department publoic agreement Transportation regarding Section 9 fun( Council had approved the original for $137,462. The amendment did not transportation for afe City- contract in Augu shifted funding from one category change the original funding but to another. The following resolution was considered: 7 IV Agendalem Date ~dK u~ City of Denton City Council Minutes June 7, 1994 Page 24 Mayor Castleberry "aye". Motion carried with a 6-1 vote. B, The Council considered approval of. a resolution authorizing an amendment to the interlocal coopeation agreement with Denton county for shared roadway maintenance for the City of Denton and Denton County roads. had done Rick Svehla, Deputy City Manager, stated that the county some work, relative to the original agreement, in the western edge 380 west. The county was proposing of the agreement on Hwy• materials. trading maintenance areas as noted in the agenda back- up be maintaining were currently in The streets which the city would lty seen in undertakinc• the good shape and there was no difficu maintenance of those roads. The following resolution was considered: No. R94-022 AMENDMENT T INTERLOCAL ROADWAY D ROADWAY ;OLUTION ING AN COOP REE ERAT ON AGREEMENTZWITH DEN TON COUNTY FOR SHARE MAINTENANCE FOR THE CITY OF DENTON AND DENTON COUNTY ROAD i AND PROVIDING FOR AN EFFECTIVE DATE. rove the resolution. On roll Perry motioned, Smith Cott °,aye'tOMiller "aye", smith "aye", Chew vote, Brock aYe ri and Mayor Castleberry "aye". Motion carried ,laye", Perry Iaye unanimously. a resolution council considered approval of to the -J C. The to execute Amendment No~rtment of with the partment authorizing the City Manager public transportation contract public transportations De for funding p stated that this xas Department o Joseph Portugal, Assistant to the City Manager, with the Te for public agreement was for an amended Section g funding Transportation regarding Council had approved the original transportation for the City. 137 2 The amend one category contract in August of 1993 for $ funding but shiftedf change the original unding to another. The following resolution was considered: I 4gendaN6 *,5WW Agendaltem ~ Date City of Denton City Council minutes June 7, 1994 Page 25 NO. R94-023 A RESOLUTION AUTHORIZING THE CITY MANAGER CTO CT WITH EXECUTE AN AMENDMENT NO. 1 TO THE PUTRANSPORTATI0NATFOR FUNDING PUBLIC TEXAS DEPARTMENT OF ; AND PROVIDING AN EFFECTIVE DATE. TgANSPORTATION Perry motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", miller "aye"j Smith "aye", Chew Motion carried Il "aye", Perry "aye", and Mayor Castleberry unanimously. resolution D. The council considered approval of a City Manager to execute an arson Texas- the TOW' authorizing the eement with the City of Lewisville Texas; and Denton interlocal agr the City Of the Colony, of Flower Mound, Texas, County, Texas. John Cook, Fire chief, stated that the proposal was id cooperllative agreement with other cities in the area which had pa and reso p of information efforts The objective as atheacoo arson investigators. star'tedo combat arson. Through there had been 17 arrests which had led to 13 already felony indictments for arson. liabilities Council Member Perry asked if the agreement posed any on the City. Cook replied that any agreement of this type added the possibility Co additional liability. As the City had only one full-time arson Co investigathe agreement provided the resources of other full- investi tore d not Most of the work that the. andrthey woul-tors rwork time investigators. would provide would be in the form of p P be exposed to any danger, The following resolution was considered: N0. R94-024 RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER To EXECUTE AN ARSON TAS TEXFAOSCETHE TTOWNCOF A AGREEMENT WITH THE CITY OF LEWISVILLE, TEXAS,p DENTON FLOWER MOUND, TEXAS, THE CITY OF THE COLOEYIVE DATE. COUNTY, TEXAS; AND PROVIDING FOR AN Perry seconded to approve the resolution. On Croll hew Brock motioned, „ „ Miller "aye", Smith „aye„ „aye„, voter ePerry "aye"' andt Mayor Castleberry Motion carried aye + „aye„ agenda No. _ a~ Agendalt ate S City of Denton City Council Minutes 27 June 7, 1994 Page 26 unanimously. E. The council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and AirDenton, Inc. Rick Svehla, Deputy City Manager, stated that this proposal would extend the lease with AirDenton, Inc. with adjusted figures for rent, hanger fees and fuel flowage fees. The following resolution was considered: NO. R94-025 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND AIR DENTON, INC.; AND PROVIDING 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 "nay", and Mayor Castleberry '1aye". Motion carried f + with a 6-1 vote. 9. The Council considered approval of disposal of well sites No. 5 and 8. (The Planning and zoning commission and the Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that the City had two old water wells which had been abandoned and were no longer needed. This proposal would sell those wells. Perry motioned, Chew seconded to approve the disposal of Well Sites No. 5 and 8. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council considered Item Ill. 11. Vision Update Mayor Pro Tem Brock stated that the consultant, Joe Lanford, had been visiting for three days regarding the visioning project. Mr. Lanford met with each of the 6 vision Impact groups and all of those meetings had been taped and were available at the public library. The themes that occurred at all of the meetings was to focus on the vision and not on short term personal goals. The groups talked about strategic goals and not comprehensive goals. Nothing could be accomplished without choosing goals and Lanford 'I y ~ +geadaNo - A6endaltern oate.._..~8" 6 r City of Denton city council Minutes June 7, 1994 Page 27 urged each group to come up with three to six focal points. He thought Denton could succeed in a visioning project because of its good location and because many people cared about the City and where it was going. one idea suggested by Lanford, which could be used right away, was to have the public information people of the major entities of the City meet monthly to generate positive media relations about the City. This would maximize the public relations efforts. Another idea that had no cost associated with it was "linkage" in which the different entities which had a landscape budget would develop a common landscape scheme and follow an overall pattern. Another idea was to use some common graphics among the major entities such as using the same print but different colors. The impact groups would establish three to six focal points by September. Council returned to the regular agenda order. 10. The Council considered an appointment to the Board of Adjustment. Mayor Castleberry indicated that Council Member Miller had nominated Rebecca King to a regular position on the Board of Adjustment. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye" Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. i 12. Miscellaneous matters from the City Manager. A. The Council received and considered a report on the KKK proposed demonstration at MLK Park. Council Member Chew thanked all those who attended the Council that w item. and that meeting was n a part of Item 8 erican assured Legion funding present the Am City Manager Harrell stated that chief Jez would be providing the Council with a factual update on what had occurred regarding the request of the Klu Klux Klan. This was not a debate as to whether or not to allow Us group to come to Denton but rather to accommodate their request per the First Amendment. Mike k'ez, Chief of Police, stated on or about May 26, 1994 Captain Matheson was contacted by members of the Klu Klux Klan who informed him of their intent to conduct a demonstration within the city of Denton at the MLK Park on June 19, 1994 between 11:30 a.m. and 2,30 p.m. Since that time, Lt. Abbott, Director of Special operations, had been planning, from an operational perspective, for adequate police protection for the rally. k +genoan~ _ Agepdactem9s _ bite ~ City of Denton City Council Minutes 24~ June 7, 1994 Page 28 Debra Drayovitch, City Attorney, stated that Council Member Chew had asked about the legal issues that were presented by this proposed demonstration. Since May 26, 1994, when the Chief was first contacted, staff had reviewed numerous court decisions and had a tour of the area to determine the best plan to protect the rights of the adjacent residents while allowing the proposed demonstration. As Chief Jez stated, there had not been a completed application form submitted to the City. It was staff's understanding that the KKK would be requesting a permit to use the Martin Luther King, Jr. Recreation Center premises for a demonstration on June 19, 1994 for several hours. Once this initial request for an application was made, interested parties, the law enforcement officials, management, and others met to discuss the legal rights and duties of all parties. Because of the legal rights and duties incumbent upon the cities, it was most likely that a permit would be granted. She could not give any specifics because an application had not yet been received. For over 100 years the federal courts had considered streets, sidewalks, and parks to be traditional public forums for rallies and other events. Many city officials recognized that the view points of the KKK were abhorrent to most Americans. However, the First Amendment rights of freedom of assembly and speech had been interpreted by the federal courts, including the Supreme Court, to i extend to all persons and groups regardless of the content of the message. Freedom of speech was protected by the Bill of Rights, throughout all the states, and enunciated the legal principles which mandated use of public facilities and services in spite of an offensive nature of the group and its message. A protestor of an unpopular message was subject only to reasonable restrictions. The federal courts had rules that it was not permissible, when considering whether to grant an injunction, to change a location because the intended audience would not be reached. The courts had also held that denial of a permit or a right to demonstrate based upon the threat of hostile bystanders was not legal. For over 25 years the courts had held that the threat of a hostile audience could not be considered in determining whether a permit would be granted or denied. The courts had held that the government had the duty to provide adequate police protection. City officials were taking the utmost steps and precautions to assure a minimal amount of disruption. However, it must be recognized that the law required the City to allow a demonstration regardless of the content of the message. Marian Hamilton brought a copy of the Constitution and felt that it could be used in a positive or negative way. Legally there was no way the City could prevent the KKK from meeting. As a community, citizens needed to recognize why the KKK chose this date of June 19th and why they chose the particular neighborhood to rally. In gendaNo. 2 ~ ~genda!tem a Gate --7-57, City of Denton City Council Minutes 304 June 7, 1994 Page 29 the southeast Denton neighborhood, the date was a solemn and jubilant day. Although the Constitution guaranteed the KKK the right to do this, good sense did not guarantee them this right. She felt that the best way to deal with the situation was to not have anyone there to see them and not give them any fuel for their fire. She suggested that Dento; show, by its lack of presence, that the KKK was not welcome. ' Cindy Dampp stated that she was opposed to the KKK proposed demonstration at MLK. It was very inappropriate timing and she wanted to uphold their constitutional rights. But that particular place at that particular time was not right. She was not affiliated with the KKK or the southeast Denton community. She suggested allowing the KKK to demonstrate at another location and not at the proposed location. Carl Williams stated that The Bill of Rights indicated that the government could not abridge freedom of religion. The proposed date would be a Sunday and citizens would be going to church. Having the KKK come to southeast Denton on June 19th was like shouting fire in a crowded building. He asked about the rights of residents on Morse, Newton, and Wilson Streets to free exercise of + religion without being hampered with barricades. He also had letters from individuals who lived next door to the MLK Center. Vanessa Sims stated that she was in opposition of the KKK demonstration in southeast Denton. As a citizen of Denton, she J detested this event. She appealed to the Christian community of Denton to denounce this event and to develop a strategic plan. The safety of the citizens was a concern to her as well as the reputation of Denton. The City of Denton did not need such events to taint its community. D'Juana English did not wish to address the Council but indicated her opposition to the event. David English did not wish to address the Council but indicated an opposition to the event. Harold Williams, Sr. stated that he was opposed to any rallies and marches of the KKK on the 19th of June. He felt this would be a dangerous situation and was opposed to any kind of rally from the Klan. He represented all of the veterans of southeast Denton plus members of the American Legion and his church who opposed the KKK rally. He asked that the City Council look closely at this request because it was not safe. i ' R i ~gsndaNo. Q~~"~~ _ Agerzdalt m 1 Date r~ 1 City of Denton City Council Minutes June 7, 1994 Page 30 Carl G. Young stated that he was in opposition to the KKK rally. He felt that it was dangerous and understood the legal ramifications of this request. He questioned why the KKK kept coming back to Denton. When they were in Grapevine only 30 people were there. In Denton, 300 people were there. They picked June 19th in order to receive maximum publicity. He wished the Council could vote and say that the KKK was not welcome but he knew that was illegal. He suggested that the residents not give the Klan any publicity and asked the neighbors to go to church and to stay away. Charles Anthony Gowans did not wish to speak to the Council but indicated opposition to the demonstration. Marvlous Gowans did not wish to address the Council but indicated opposition to the demonstration. Glen Gowans did not wish to address the Council but indicated opposition to the demonstration. Brian Gowans did not wish to addres,, the Council but indicated opposition to the demonstration. Vora J. Woods did not wish to address the Council but indicated that the Klan was merely looking for problems which could be avoided. Robert Hicks stated that he opposed the meeting of the Klan. He asked for a show of hands of individuals who had served their country. Those individuals served their country with pride and ~J dignity. He was not opposed to the Klan speaking but he was opposed to the reason they chose the date of June 19th and the location. The right had been given to the Klan and the right should be for everyone. He was appalled that they chose this kind of day to demonstrate. He hoped that everyone would chose a place to be besides the MLK Center. Daniel Morgan stated that the Klan wanted to come to his school campus but thny did not show. He challenged the Council to have the Klan move to a different location. He did not understand why the Klan had to come to our neighborhoods to extend their violence. The Klan was using fear to get people to respond in violence. Willie Hudspeth stated that he was proud of the community and the area. The City Attorney had described very clearly and eloquently how the Council would cover the situation. He stated skin color did not dictate good or bad and that there were both good people and bad people. He felt like a second class citizen in Denton. Few of the Council attended the Juneteenth celebration and he invited the 4wdaNo. 4gendatfem Date -7' _W 3Q ;~;4,6 City of Denton city council minutes June 7, 1994 Page 31 Council to attend the celebration and attend the churches. Wirt Jackson stated that he was appalled that the City of Denton would consider such a demonstration to be held in the City's prominent minority community especially at a facility that was named after a leader for Black rights. He viewewed d the CiastCouncil action as an insult to the Black community. area had been ignored and by allowing this event to take place, the council was showing the citizens of southeast Denton that the Council was c h e activities. minorities asked that tithe icitizenshof they supported suc the Council at Denton to remember these inconsiderate actions by the voting polls. George Edwards stated that hi realized that the Klan had not stated definitely that they would come to Denton. By coming to Denton, the KKK denied the fundamental rights of the of itize community of Denton The might endanger the life and happiness pastors of the southeast Denton interdemoninational Ministerial Alliance questioned the wisdom of allowing an anti-black terrorist organization in the Black community commemorated the emancipation of I Black community and on a day y which 1111 that Black community. Herman Wesley indica to the rally. to address the Council but indicated an opposition Mavor Pro Tem Brock stated that if the council either directly oore indirectly allowed t2.e issuance of this permit, they insulting certain elements of the community. She knew that the KKK was bad and abhorred what they stood for. She stated that even though we hate all that the KKK stood for, we do not apply constitutional rights to those whose ideas we agree with. It put the Council in a very difficult situation but it did not mean that the Council was r h neighborhood. She hoped that here had been someuevidenceethat Council did care. Shrea Catlin stated that she was a resident of southeast Denton and her children played at the MLK center. she stated that the only way the council could make her believe that they cared about the people in southeast Denton was for all to attend theb tuneteentg events and speak against the KKK. Not talking, opposition to the KKK. There would be some marching and there would be some retaliation. The Council needed to speak out for the rights of citizens. +gendaNo. 4gendaltenl,. Oate City of Denton City Council Minutes 6 June 7, 1994 Page 32 Jewell James stated that when the Klan came to Denton several months ago they were asked to go to another location because of a children's parade. What was the difference t~ith this request. Her children played up and down the streets in the area. If there was an element of danger when they came before, that element of danger still existed. Would they have to tell their children that they had to stay off the streets during the time of the rally. There would be mzny children in the area and could the Council guarantee the safety of the children. Council Member Cott asked if the event could be moved to another location and felt that it was time to study the situation as the City was caught by surprise all of the time. Mayor Castleberry indicated that he had three letters regarding the issue which he read to the Council. Council Member Cott stated that the City was not caught by surprise by the request. The surprise was that they kept coming back. Council Member Miller stated that he was very sorry that an expression of concern was observed as an expression of boredom. If x there was a way to get around this situation, in a constitutional manger and to uphold the rights of all citizens, the City would do this. This has been researched by many cities. Juneteenth Day in southeast Denton was a terrible time for such an event to take place. He indicated that he would be in Council Member Chew's church on that day. Council Member Chew asked if the police had tried to discourage the KKK from using the MLK Center. Mike Jez, Chief of Police, stated that his impression was that the KKK was returning to Denton based on the response they received in Denton on their first rally. Denton police officers observed the demonstration which occurred in Grapevine and there were approximately 30 participants and one newspaper article prior to the demonstration in Grapevine. The City of Denton had eight newspaper articles concerning the Klan's appearance and 300 people in attendance. The Klan found a forum although most of the people at the park were in apposition to the Klan. When the Klan came to make their request that they intended their protest in Denton, they knew that the MLK Center would not be occupied on that day, that there were no previous rentals and it appeared and was his opinion that they purposefully chose that site and purposefully chose that day. +gendaNo. q~'~ ~ , 4genda~tam ^2 We City of Denton City Council Minutes June 7, 1994 Page 33 Council Member Chew asked if the Chief contacted the City Attorney regarding prohibiting the rally. Jez replied that he immediately met with the City Attorney's office and discussed the possibility of obtaining an injunction to stop the rally. It was his opinion that there was very little that could be done as a police agency, other than try to control the I~ situation as best as possible. The goals were that no one be injured and that there be no arrests. Council Member Chew state,f that this information needed to be told so that citizens knew that the City Council and Chief of Police had researched this item thor~aughly. The Supreme Court had upheld that parks and schools were areas open for protest. He felt it was a threefold negative that the Klan was coming to the area. First, it was a predominantly Black: area. The second reason was that it was occurring on June 19th which was the date that Texans were told that they were free. The third reason was that it was being held at the MLK Center which was in direct opposition to what Martin Luther King stood for. But, if the rights of one were denied, the rights of others might be denied. He suggested as a City and as a Council, they urge the Klan not to rally on June 19th at the MLK Center and if they chose to do so, there was nothing legally which ` could be done. All people must urge all citizens to ignore the KKK rally at the Center and to restrain the young people from attending. If there was no audience, the Klan would not return to Denton. He suggested that from now until the time KKK got a permit, every avenue must be investigated to see if there would be a way to prevent them from coming to southeast Denton and the MLK Center. Richard Davenport stated that he would like to fill out an application for the right to assemble at the MLK Center for a freedom demonstration on June 19th for as many hours as possible. E Marian Hamilton stated that Council Member Chew's comments about setting precedents reminded her about the precedents set by Council in denying permits in the Fry Street Fair request. The permits were denied in those cases, based on neighborhood opposition of the businessmen in the area. She felt that in a residential neighborhood, the protests of those who lived in that area should bear equal weight. If a precedent was needed, the Council should use that one which the Council used successfully in the past. Mayor Pro Tem Brock stated that the Fry Street Fair was not a demonstration in a public place. They were asking for the streets to be closed which was a different matter. Last year the Council denied the request to close the streets and the Fair was held on private property in the area. The organizers of the Fry Street i , I ~endaNo. Q '0, V Apendalte Date ` City of Denton city council Minutes June 7, 1994 Page 34 Fair were not asking for a demonstration or a rally in a public place. David English asked that if a formal application from the KKK had not been received, could they have their ohn rally. City Attorney Drayovitch replied that there would be no problem { with the application for a permit. The Police Department would have to approve the application as they would with any application. There would still be a possibility that there could be two demonstrations at one time. English replied that if they had the first application and the foremost right to be there, then the Klan rally would be destructive to their rally. If the Klan came out and disrupted their rally, would they be considered the troublemakers. City Attorney Drayovitch stated that the ordinances did not address troublemakers but did address the right to assemble. It would be quite possible, even if the Klan had an application completed, that another group could submit an application and the City would be forced to accommodate both groups. The Council took a brief recess. Herman Wesley asked about reserving the facility. Even if a E portion of the park were reserved, would that preclude the Klan f{ from reserving a portion of the park as well. He asked if there \_J was a maximum number of people who could reserve the park. City Attorney Drayovitch stated that she had not encountered such a situation and was not aware of the maximums. City Manager Harrell stated that from the Chief's standpoint and City administration standpoint, it was being advised that the number of people in the area be kept to a bare minimum. The best way would be to make this a non-event. Wesley stated that if the Klan reservation was not completed and the park was reserved to capacity, the request from the Klan might be circumvented. Willie McDade did not wish to address Council but was in opposition to the rally. Robert Hydler stated that he understand the legal precedence which had been set in other places. He felt it was possible .,o challenge a legal precedent. He urged the Council to challenge the legal I +gendaNo Zy YJ - _ 4gendalt?in City of Denton City Council Minutes June 7, 1994 Pacye 35 precedent based on right and wrong or safety. Anthony Sims asked if the residents would have a cress to the area in order to pick up and drop off people far chur. City Manager Harrell stated that the Police Department was still in control the process fcontactingn the eChiefa to fmake sure lthatt this ewas He suggested facilitated. Sims stated that he was on the Denton ISD Redistricting Committee 'h and ,that racial tensions thegKAXato c mesintwouldtbe redistricting. . He like taking a step backwards. He strongly urged the Council a~o all citizens who believe that all should Tberal ated e a ay slap stand up against this particular rally. in the face to all who lived in the community. He felt that this would be wrong. Mayor Castleberry stated that the Council was concerned an stedd speakers who indicated that the Cou and could not jump up wrong. The Council had to keep a cool head an and holler an g s made. It was time for all it me and et the right decisions realize that it was a tough situation Council for the E members and management were going to do the best possible when this rally I whole community. The Council was just as unhappy occurred the last time at the Civic Center Park. Everybody could 'h help the cooler heads to prevail b(.-cause no one wanted problems. The Some things had been said that maker; the Klan want to be here. best which could be done would be to ignore the event hopedbecause that ail the Klan was looking for was p i y• ministers in the city would work towards people staying cool and calm. He asked that all was not citizens work together and to not think that the Council City Attorney Drayovitch felt that she might not have made it clear enough that in the 50 court decisions she had reviewed, that the Courts had held consistently in favor of the KKK and against cities or counties which tried ro route. right to demonstrate or to of those court decisions,1athe or restrict a pared moving loc tions recoverthing KKK received the publicity ofThethat ideavictory court fees against the city. first thing discussed with the Chie: of Police. The first two cases she reviewed were the Skokie, Illinois case where the Nazis marched down a street in a Jewish neighborhood dand ine a a ein which Martin Luther King to march whe the Courts had of neighborhood in Chicago. safety and injury y was I Ager&No. 9y"O~ Ageadalt Date r City of Denton city council Minutes June 7, 1994 Page 36 B. Harrell reviewed the agenda for the annual planning session. official taken Executive S13. There was no ession discussed during the Work SossionExecutive Session. 14. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Brock suggested an evaluation and reconsideration of the procedure used for making appointments for Boards and Commissions. B. Council Member Brock suggested looking at a set of priorities or guidelines for determining human services funding because of confusion on this year's issues. C. Council Member Miller suggested looking at the City's tornado warning system. D. Council Member Miller suggested a report regarding the revenue received from the Civic Center since the change in rental policy. 15. The Council did not meet in Executive session during the Regular Session. With no further business, the meeting was adjourned at 11:25 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS I I I --ir ` I I I ATEACtDWr A OPTION COMBINED FINAI. S'1'A'fEnIF:N'I' IIF'CIInlMllNil'1' DF:VF;I,111'MF:N'f OIIJF:CTIVF:S AND PROJECTED USV OF FUNDS AND IIOME PROGRAM DF:SCRIPlION 141495 rAG7ENCY AME HOMEBUYER ASSISTANCU OWSLEY COMMUNITY CENTER CHAMBERS SUEET DRAINAGE PROGRAM Acquisition Public Facilities acid Improvements Public Facilities and Improvements i TING City of Denton, Community City of Denton City of Denton Development Office Wks 201 (a) J 208 (a) (3) 201 (c)1 208 (a) (1) (p 201 (c) J 208 (a) (1) (i) I. OW ~ WNDING SOURCE CDBG $105,702 CDBG $26,000 CDBG $140,000 AMOUNT HOME $44.298 PROJECT Continuation of a city-wide Hornebuyer Acquisition of property for construction Install inlets and underground storm DElS('IUI'T1ON Assistance Program to provide of the Owsley Addition Community sewer on Chambers and Hill stresm assistance to first-time homebuyem Office and Community Center. Center Install concrete rip rap and icgrade Assistance car, include payment of will house various social service existing drainage south of Smith street. closing costs and it of the minimum providers working for the neighborhood. 'Flee Engineering and Transportation down payment. A maximum of Current services requiring additional Department will design the drainage $15,000 can be provided to very low space such as GED prep classes, ESL, system and the construction project will irrume households to buy down the computer and children's after school be bid out through the City. uuterest rate or reduce the cost of the programs -mill be hcxtscd at the Center. / trait. Owners will always pay at least 1/2 The Police Department will maintain the of the minimum down payment. Haynes center. must be within the city limits of Denton and costs no more than $62,500. OB;E(,"IryE To provide affordable hotising for low Improvement of public service provision To upgrade infrastructure, stabilize and and moderate income households. for low and moderate income improve neighborhoods in the largeled hottxholds. A1xe, upgrade and stabilize area. a the neighbor&W ° LOCATION City of Denton, all cerras tracts SJE Corner c4 FAxunie Brie and Area around intersection of (lumbers ~ ..Q ; Charloite Sireel. CT 209, HG 1. and Hill Streets. CT 212. 1BFINEFIT Program provides 100% Ixreefit to low Area is 93 3% low/moderate incaxne. 40 hexnrholds will benefit. Area is and very low income families. 75% lowJnxiderate income. - ge o I I r 1994-95 PRWECI' NAME MK&T RAILROAD CULVERT CHAMBERS, BOARDWALK PAkK IMPROVEMENTS IANI , SIMMONS ST. REPAVE SPAN VEHICI.Ii ACTIVITY Public Facilities and Improvements Public Facilities and Improvements Public Facilities and Improvements IMPLEMENTING City of Denton City of Iknion AGENCY City of Denton CD110 R90- CITES 201 (c) / 206 (a) (1) (1) 201 (c) / 208 (a) (1) (i) >F'.I(10ATL ON 201 (c) 1208 (a) (2) (i) (B) [24 CMR $?4J FUNDING SQ"CE/ CDBG $12,600 CDBG $35,583 AMOUNT CDBG $14,140 PROJECT Remove concrete culvert and a portion Provision of a heater/scarification/ Provision of a portion of the funding DE%SCRUMON of old railroad bed where Pecan Creek overlay for the entire length of these needed to acquire Iwo lift-equipped Tributary M4 crosses under the old four streets. Project will have a rotfl of vehicles to to be used for the public MK&T railroad. Replace with concrele 10,167 SY. Base failure will be vamcles n sysed f CDBC fiords channel section. The Engineering & corrected prior to the overlay. Project will leverage 80% Federal Tratcsportation Depantnent will design will be carried out by t)re Engineering & Transportation and 13% State the improvements and the corr&wtion Transportation Depanment. T will be bid out through the City. raasp<wtation dollars UBJI;CTIVR To upgrade infrw ructure, stabilize and To upgrade infrastructure, stabilise artd To Improve public Iransporta ion and Improve neighborhoods in the targeted improve neighborhoods in the targeted provision of arM transportation services to low and moderate income person. IA iTI N Pecan Creek north of Robertson and Chambers, Boardwalk, Park Lane and Transportation services provided city- east of Maddox streets. CC 212. Simmons Streets. CT 212. wide. BENEFIT Several properties in the area will be A pproximalely 590 individuals live in Sixty-nine percent (69%) of total trolley removed from the floodplain and the Immediate area. Area is 75% low stops are in the CDBG targeted area. A "way, Area i2,75% low/moderare and moderate income, that income survey 73% of both l pt"ic and demand over response riders on the SPAN system were within low to moderate income levels. The survey was approved by the j1 Department of Homing and Urban Devdopntenl. i~ Pare 2 of 10 p~ . J, 1 1994-95 PRO]ECT NAME AMERICAN LEGION RENOVATION DENIA PLAYGROUND MILK PLAYGROUND IMPROVEMENTS IMPROVEMENTS 4WAW ACCIVITY Public Facilities and Improvements Public Facilities and Improvements Public Facilities and Improvements IMPLEMEN'I1 G City of (knlon City of fknton City of Denlon AGENCY CDBG REG. MES 201 (c) / 208 (a) (i) 201 (c) 1208 (a) (1) (i) 201 (c) J 208 (a) (1) (i) FuwwArLOW 124 CYR 570 FUNIHNG SOURCEf CDBG $100,000 CDBG $45,000 CDBG $10,400 AMOUNT PROJECT Renovation and upgrade of the Purchase and installation of new Project will involve purchase and DESCRIP11ON American Legion Building (owned by playground equipment. Project will installation of safety fences arowd City of Eknlon) including the following; include installation of resilient surfacing outside ground air conditioning units, foundation leveling; electrical and as required in the ADA. oao area power light and two security plumbing upgrade; installation of now playground lights. IlVAC system, roof, and windows; and the kitchen area will be renovated OBJLCrlvz lmprovern erd of public facilities and Improvement of public fa6lities and Improvement of public facilities and provision of recreational opportunities to provision of recreation i.; ;xxttutilies Io provision of recreational opportunities la persons in low and moderate income persons in the targeted areas, persons in the targeted areas areas. LOCATIION Corner of Lzkey and Wil:ion streets. 1001 Parvin street, Cr 208. 1300 Wilson Street, CT 212. CT 212. ° BENDIT NeighborlKxd/,ervice area is 75% Project wiN benefit 1,326 low to Service area k 75% lowfmoderate L u lowfrnMerare income. moderate income persorts. C7 208 is income u 88% lowlin Berate income Vage 3 of 10 } 3 s 1994 -95 PROJECT NAME FRED MOORS ('HILD CARF CITY COUNTY DAY NURSERY FAIRIIAVEN REHABILITATION CGNTER RENOVATION PLAYGROUND DRAINAGE ACTIVITY Public Facilities and Improvements Public Facilities and Improvements Public Facilities and Improvements IMPLEMENTING City of Denton City of Denton City of Demon AGENCY CDBG REG. CITES 201 (c) 1208 (a) (2) (B) 201 (c) 1208 (a) (2) (i) (f) 201 (c) / 208 (a) (2) (i) (B) EI,IG./NAT'L OW 124 CF.R 5701 FUNDING SOURCF4 CDBG $200,000 CDBG $22,223 CDBG $14,951 AMOUNT PROJECT Complete rehabilitation including Installation of a concrete water channel 1 roject will include repairing and DESCRIPTION replacement of exterior window system, naming the length of the playground. painting ex(sling kitchen, replacement of new roof, replace HVAC system, new Bums will be built to divert nmoff old shelving and replacemen(of some electrical service, installation of a fire water to the drain. Entire area will be kitchen equipment item sprinkler system, new kitchen equipment regraded and resold. Two trees will be and shelving. removed. Ten (10) inch red oaks will be planted. Pea gravel will be replaced on all play areas. 06JECIIVE Improvement 'public facilities and Improvement of public facilities and Improvement of public facilities and provision of public services to low and provision of public services to low and provision of affordable housing and it moderate income households. moderate income h(x>srlwlds. provision of public services to low and moderate income, _ z 0 LOCATION Fred Moore Child Care Center, 821 City Courtly Day Nursery, 160) Paisley 2400 N. Bell Ave. CT 205.01. Crosstimbers, CT 212. Street, CT 206.01. BENEFIT Center provides child care to over 51 % Nurxry, provi(les child care to over 51 X 10096 of residents are low and moderate I low/moderate income families. low/nWerate iucore families,, income. I'agc 4 of I(1 I 1994 -95 PROIECC NAME DEMOLITION AND CLEARANCE AIDENTON, INC. HOPE TRANSITIONAL HOUSING ACTIVITY Clearance Activities Public Services Public Services IMPLEMENTING City of Denton AlDenwwi, Inc. HOPE, Inc. AGENCY':- CDBG RIM. CITES 201 (c) 1208 (a) (2) (i) (B) 201 (e) j 208 (a) (2) (i) (A) 201 (e) 1209 (a) (2) (i) (B) ELIGJWATL OH,I (24 CFR 5701 FUNDING SOURCEf CDBG $65,000 CDBG $7,500 CDBG $18,000 AMOUNT' PROJECT Continuation of the program to Provision of nutrition and hygiene to Provision of rem, utility, food, DESCRIPTION demolish and remove vacant, HIV and AIDS diagnrnrd individuals. transportation and counseling assistance substandard structures that contribute to Funds will be used to purchase food and to families who are homeless or the deterioration of neighborhoods hygiene items available at the nutrition potentially homeless. Families are Structures slated to be demolished have center. provided assistance over a one to two been vacant for at least one year and are year period, not rehabable, 11ie program may also included clean-up of egret nesting places within a low income neighborhood. OD,IECME To arrest deteriorate of neighborhoods Improvement in the provision of public Provision of services designed to experiencing spot slum and eliminate services to low and moderate income increase self-sufficiency among law major health and safety hazards in the persons. income households. City. 1ACAT ON Areas of spot slum and blight citywide. 121 Pieter Street. CT 207. 1213 North Locust St., CT 206.01. Egret clean-up will be carved out in Z cerstK tract 212. ° BENEFIT Program will benefit a minimum of At least 51 % of persons diagnosed as 100 benefit to low income households. 51 % low/moderate income households. HIV or AIDS positive are presumed to 1 be low/moderate income. S I'age 5 of 10 N.A c 1994-95 OPTION 2 PROJECT NAME MLK ASAS KING'S KIDS SUMMER PROGRAM ASAS SCHOI ARSHIPS ACTIVITY Public Services Public Services Public Services IMPLEMENTING City of Denson City of Denton City of Denton AGENCY' CDBG I f CITES 201 (e) / 208 (a) (2) (i) (B) 201 (e) / 208 (a) (2) (i) (B) 201 (e) / 208 (a) (2) (i) (B) E>t.1G.JiiJATL IDFJ 124 CVR 5") W NINA $OURCP,J` CDBG $19,000 CDBG $14,750 CDBG $8,000 PROJECT Provision of after school care to low Exteasion of hours to the existing Provision of after school action site DESCRIPTION income children. Program will contain summer playground program at the scholarships to low and nvxkmte a special "at-risk' component including Martin Luther King, Jr. Recreation income children. Scholarships are working with parents to encourage Center. This is continuation of the 1994 available to any action site. Moderate attendance, various structured activities, summer program. Program previously income students will be given a Va field` trips, etc. ended in July and was held from 9.00 scholarship, low income students will a.m, to 12.00 noon. CDBG fund,, will receive a full scholarship. extend the program through August and hours from 8.00 a.m, to 5.:00 p.m. OJl,JEC'II1►E Provision of Improved public services to Improvement of public services Improvement of public services low and rnoderale incom families. provision to low/moderate income provision to low/moderate income families. households. ti LOCATIbN 1300 Wilson St., CT 212. 1300 Wilson Si,, Cf 212. At each of nine elementary school throughout the school district c JJENEI7T Program will provide 100% Program will provide at least 51 % lienefil will be 100% low and nio eta low/moderate income benefit. Area is benefit to low and moderate income. income. Area is 93.-1% low/mode le 75% low/moderate income. Area is 75% low/moderate income, income. 4 ; J ` Page 6 of 10 X11 ~t~ i' 1991-95 PROJM NAM P. OWSLEY SUMMER PROGRAM PRENATAL CARE PROGRAM RAINBOW CONNECTION ACTIVITY Public Services Public Services Public Services IQIPLEMENTING City of Denton North Texas Community Clinics United Way of Denson County AGENCY CDHG REG. CITES 201 (e) 1208 (a) (2) (i) (B) 201 (e)1 208 (a) (2) (i) (11) 201 (e) 1208 (a) (2) (i) (B) EI.IGdN ru ow (21 CFR $701 FUNAING SOURCE/ CDBG $11,750 CDBG $35,000 CDBG $16,000 AMOUNT PRO) I= Provision of a free structured, Provision of prenatal care for low Payment of fees and other expenses in DWRIPTION recreational and educational program for income women from Denton County. order to allow children living in the children ages 7-12. The program will CDBG funds will be utilized to pay a Owsley Addition to participate in provide a safe and supervised portion of a salary for nurse midwife at cultural, educational and recreation environment for children in the Owsley the Prenatal Clinic and an additional programs provided by local agencies neighborhood during the summer (June staff member at the Pediatric Clinic. and the City of Denton. United Way through August). This continues to the Prenatal Clinic will act as administrator of funding, initially provided in 1990. pgjF(,*F [{►I Improvement of public service provision Improvement of public services to low Improvement of public services to low/moderate income households and very low income women and provision to low/moderate income families, households. Also, to upgrade and stabilize the neighborhood. LOCATION Comer Of Stella St, and Avenue G. CT Office located at 123 Piner St., Denton Area bounded by Bopnie Brae Ave. on 209, BG I. Texas CT 207. the west, Hickory Si. on the north, Prairie St on the South and Avenue E on the east. CT 209,13G I. LBENEFIT Benefil will be 100% low and nkxkwe Projected benefit is 100% to low and Area is 93.3% low/moderate inc income. Area is 93.3% Iow1mmlerate. very low income. 100% of children participating wi fr low and moderate income house 1 "age 7 of 10 ~ S I y r l r 1994-95 Yft01)8CT NAML TWU CARES HOUSING REHABILITATION ACTIVITY Public Services Horsing Rehabilitation City of Denton, Community lkvelopment Office IMT'I.BMENTING TW(t Cares AGENCY CDBQ REG. CITES 201 (e) 1208 (a) (2) (i) (B) 202 (a) (1)1 209 (a) (3) EI,1G.fNAn OBJ 124 CM 5701 FUNDING SOURCF4 CDBG $20,000 CDBG $ 17,100 (Program IM-01m) HOMF. $200,102 AMOUW p1ROJF.CI' Provision of primary heath care and dental care to low Rehabilitation and recorutruction will be carried out on owner occupied properties throughout the city. Loans for the rehabilitation DESCIUll TION income medically underserved persons Nursing graduates practice and receive clinical experience. work will be provided to low and moderate income families Funds will be used to purchase: supplies and computer Maximum loan under current HOME guidelines for the area on a t is efle 69,154. Ibis ts the maxim programming services for the health and eknlal clinics. three that can bdroom e spent ion a$ reconstruction inc uding demolition and u~ relocation costs. Loan assistance is provided in three forms: 1) deferred forgivable loan - Ibis Man is available to very low income horses owners depending on the level of assistance, forgiveness will take place over a 5 to 15 year prior; 2) 50% deferred forgivable 1. Ioan150% loan - Ibis option is provided to households at or just under 80% of median income (moderate income cap); and 3) 100% loan - This loan amount equals the entire costs of the rehabilitation. Loan is for 10 to 15 year period at a 3% interest rate. Ail strictures are brought up to Section 8 Housing Quality Standards and City of Denton building codes CDBG funds will be used for only Moderate rehabilitation. 0T6111i~'T'I'VE Improvement of medical and dental services to low and To bring existing housing into compliwrce with local building c e ] J very low income families. to upgrade and subilize neighborhoods. x City-wide LOCATIt~N • 1200 E Hickory St. BENEFIT Program provides 100% benefit to lowfmoderaie Program provides 100% benefit to low/moderate income hotx9e income families. ~ kC, N ~ Page 8 of 10 1994-95 PROJECT NAME ADA COMPLIANCE PROGRAM ADMINISTRATION ACTIVITY Removal of Architectural Barriers Program Administration IMPLEMENTING City of Denton City of Denton, Community Development Office AGENCY CDOG kid. CITES 201 (k) / 208 (a) (2) (i) (a) 206 (a) (c) UIG./NAR 0RJ (24 CF R 5701, FUNDING SOURCE/ CDBG $8,420 CDBG $237,000 AMOUNT HOME $50,000 PROJECT Funds will be used to replace or lower four drinking CDBG funds will be used for program management, coordination, DESCRIP17ON fountains, install handrails at the North Lakes monitoring and evaluation associated with carrying eligible activities Recreation Center entrance. The following will be including : staff salaries, payment of services from some city done at the Tennis Center: corntrucl a ramp with a departments; office equipment, furniture and supplies; office rent, 'NO PARKING ZONE' in front of it, paint a 5' maintenance and utilities; board expenses; training, travel, advertising, buffer zone by the ramp; provide proper signage and purchase of publications; administration of human services budget and change eniranee hardware. Grab bars will be monitoring of agencies and city departments; administration of the installed in each public access toilet of the library. Homebuyer Assistance, Housing Rehabilitation, Affordable Horning, All improvements will comply with American and Demolition programs; completion of annual environmental review; Disability Act requirements. development of the Comprehensive Housing Affordability Strategy (CHAS), Community Development Flan; completion of the Grantee Performance Report and other required documentatiun; provision of fair housing services HOME funds will be used for partial payment of salaries for the cmntruction project manager and housing inspector positions. Some administration funding will also be used to purchase program supplies. OWCTIVL Improvement of public facilities for disabled persons. LOCATIdN North lakes Recreation Center, 2001 West Windsor, ~t4 CI' 204.02; Goldfield Tennis Center, 2005 West Windsor, CT 204.02; Denton Public Library, 502 Oakland St , CT 206.01. gPNPFiT Actinides targeted to disabled persons are presumed to have at least a 51 % low/moderate income benefit. i Q~ I'dge 10 of 10 { t t~ - Y CITY COUNCI 0 { 4 ~ r o c c° e to M ~ O S i f A~pdoNo 3_~ Ag"IN CITYof DENTON MUNICIPAL UTILITIES/ 901•ATexas street / Denton,TX76201 June 23, 1994 Mr. Willie Hudspeth 623 Newton Denton, Tx. 76205 RE: Drainage System Inquires Dear Mr. Hudspeth: As discussed in our t lephone conversation on Wednesday, June'22, 1994, I am confirminethe understanding we developed. First, we will begin maintenance activities on the channel between your house and Woodrow Lane before the end of next week. These activities will be limited to the resources currently available to us; mowers, box blade, weed eaters and labor. Significant improvements were made last year when we spent over $7,000 renting a track hoe in order to remove all the debris which has accumulated over the years. This was probably the largest single effort conducted by our crew since the maintenance function was initiated about two years ago. Completing this project may take longer than hoped for, as the k crew must divide their time between this project, routine maintenance projects, street sweeping and flood remediation projects. We are currently trying to remove obstacles on either side of Colorado Boulevard which have caused flood water to actually backup into someone's home. Second, we will clean the drainage channel downstream from the concrete plant on Prairie Street of undesirable materials within the next two weeks and will initiate a monthly inspection to identify and remove any future deposits. Howard Martin has worked with the plant and they are in the process of making improvements to correct the problem. They are not in violation of City codes and they are voluntarily making such effort. As I mentioned, any type of required drainage permit is currently under the jurisdiction of the E.P.A. If you have any problems contacting them, please call me and I will assist you with obtaining the proper names and phone numbers. i 4i 07/01/91 09:24 'US 173337334 UTILITIES VandaNo 002/002 j _ . S Agendalteq, Date . I You are correct in stating that Denton has made no major drainage ~do improvements in Southeast Denton recently. in fact, we have made no major such improvements anywhere in town and we do not have any proposed until 1998; and these have not been approved by the voters. Any drainage improvements that have been constructed have been done in conjunction with street projects. One of the more significant projects was completed to reduce drainage problems in the stream section adjacent to your new home; the Woodrow Lane Street widening and drainage system improvements. Denton also spent a significant sum for the Martin Luther King Recreation Center as well as some work on water and sewer systems. Apparently you have not been aware of our public hearings for the Capital Improvements Program. Every year in February/March the Planning and Zoning Commission and the Public Utilities Board conduct two public hearings to gain input regarding public concerns. At least two issues were brought up by citizens in Southeast Denton regarding drainage. These have already been addressed as they turned out to be maintenance and code enforcement issues rather than capital problems. Apparently we have done a respectable job in that area as no one reported flood water getting into their homes as occurred in nine other locations in Denton last September. If you will call me next January I will provide you with next years public hearing schedule. x in the meantime, please call whenever another problem arises. we cannot be everywhere all the time and appreciate your effort to help us. And thank you for your patience as we try to juggle your project with the many others facing us. Sincerely, Lee K. Allison Director Water Engineering and Operations i XC: Bill Brown, Supt. Water/Sewer Field Services LKA:sm 3LA021.wp =C I T'Y - COUNCI Nf 4 G f~ 1 C Q O ~ • 4+O ` ~O 1N0 . Ape O CITY COUNCIL REPORT gee DATE: July 5, 1994 O/ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Z-94-011, Johnson Rezoning RECOMMENDATION: The Planning and Zoning Commission recommends approval 6-0. SUMMARY: The applicant is requesting rezoning of 0.4192 acre tract from GR to C(c) located on the north side of E. McKinney approximately 2001 west of Loop 288. a BACKGROUND See PiZ Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Planning and Development Building Inspection Engineering s FISCAL IMPACT: N/A Respec ully subm tted: Lloyd V. Harrell City Manager Prepared by: Debra Goodwin Urban Planner j Approved: rank H .Robb na ICP Executive Direct r Planning and Development s, `y i w I N094/" 2 i ,t r r e PLANNING AND ZONING COMMISSION REPORT I~ To: Denton City Council Case No.: Z-94-011 Meeting Date: July 5, 1994 GENERAL INFORMATION Applicant: Don Johnson P.O. Box 50009 Denton, Texas 76206 Current Owner: Sane as applicant Requested Action: CRezone ommercial from Conditioned District to C(c) GR General Retail Location and Size: 0.4192 a of land located on E. McKinney Street east of Piggly Wiggly Surrounding and Zoning and Land Use: North - GR/Sonic Drive In South - GR/Automotive Repair Shop t East - GR/EZ Check and PJ's Convenience Store West - GR/Piggly Wiggly L Denton Development Plan: i Moderate Activity Area t } SPECIAL INFORMATION i Transportation: No additional right-of-way dedication or street improvements i will be required along the Sidewalks will be required. on McKinney Street with the platting of this property I frontage and the proposed Lot 1R. No additional driveways to McKinney Street will be allowed. Utilities: There is an existing eight inch water line on McKinney Street that will provide service. transmission The thirty inch water line traversing the property from north to south is a h I j ' t AQergaNo_ 91 1_ Agendaefq- Date _Z-_S--U- (Case Z-94-011) 3 e O7 Page Two line and cannot be tapped for service. Existing fire hydrants will provide adequate coverage. An eighteen inch sewer line along the western property line will provide service. Drainage: No public drainage improvements will be required. HISTORY The property is currently zoned General Retail and is vacant. A portion of it is currently part of Lot 1, Block A, 3-J Addition and a portion is included in the Sonic Addition General Development Plan. A replat is being processed concurrently with the rezoning. 1 ANALYSIS r The applicant is proposing to place a conditioned zoning on this parcel. Mini-warehouses/warehousing are proposed for construction. The conditioned zoning will eliminate certain uses allowed in the Commercial District. The allowed uses are i indicated under the Recommendati20 section of this report. The property is located in a moderate activity area. The rezoning from GR to C-(c) will not affect the intensity allocation as both zoning districts have the same average trips per acre allocated. EEi f NOTIFICATION Eight notices were sent to property owners within 2001 of the property in question prior to the Planning and Zoning commission hearing. One notice was returned in favor and one notice was returned opposing the request. The notice opposing the request was withdrawn following the Planning and Zoning commission meeting. i f 1 r Y 1 0 4 S AgeedaNo 9 'Q2 i Agewalt S J Date ' s (Case Z-94-011) d 7 Page Three RECOMMENDATION I I The Planning and Zoning commission recommends approval of Case Z-94-011 subject to the condition that the permitted uses on the property be as follows: 1. All uses permitted in the General Retail District. 2. Storage and sales warehouses. b ALTERNATIVES ri 1. Approve the petition. 2. Approve the petition with additional conditions. 3. Deny the petition. 4. Postpone action. it ' ATTACHMENTS 1. Location Map 2. Site Map J 3. Planning and Zoning Commission Minutes of June 8, 1994 4. General Retail - Permitted Uses I E i t ' $jl Ape°diNo R ~ _ ARTACHMENT 1 A¢8i11°fil Z-94.011 Don Johnson (Mini-Warehouses) ASS 9q NORTH 7-11 6 _~r~ r Q ~„sur ■a«,.~ ~ ~~JL~W iii CSC OC ~ Cje;.~ a o PK 4N ° C F 11 l ` u~. SITE J IF Awr l V ~ sr4er~x, ~ ~ t i ~ i ® rar ~.n+n. 1 r f ru L s ILA* catEon h ap Data V27/94 Scale: None ~genda'~~ 9~ -0' ~ m _ . ATTACHMENT z agendait~ We___ Johnson Properties NORTH tout a,~« ,also . ~ I'I M.A I I I 4 ~ .tA AfR ap{ • ~Ftc oqrtAi I I► G / ! r• y it's *g4x T-:, ` I •;It.cl d ,7 IA 4 4,1 1 M . 11 1' ' ..I 111 a-~,(I; I` 1 ~ i~. bA~. I 1 ~ II 1 1 . I ~ol ~~~YYY~•1 /Ii rA ~ i bw~ sAWr ram,, 4i R0A10 426 Site Map Date; 6W4 Scale: None ~gendaNo S, Ages OO I ATTACHMENT 3 Date 7. $'-94/ 7 T Minutes RAF P&Z commission June 6, 1994 Page 6 Mr. Cooper: It appears to me that the purpose of the land- scaping ordinance is to protect the neighbors. trees that hearing is that the neighbors are happy with the are already providing a screen. I really don't see any reason to require that additional shrubs bP planted. I would like to make a motion with a conditional waiver, that no trees be removed with in a reasonable distance of the south property line adjacent to the existing residences. I propose we allow a waiver for the tree ordinance. Mr. Norton I second. the Dr. j Huey: you as necessary to supplement the tree motion to add shrubs s. Mr. Cochran: I second. It seems like a reasonable thing that we have come to here. It seems to me it would be good for the the neighbors wa ted reduce their expenses chu whatenhance andrit,is alsowould Mr. Cooper: Do we need to address irrigation. Mr. Engelbrecht: Specifically, as part of the original requirement, that plants have an adequate regularly applied source of water. Mr. Cooper: It does not have to be an irrigation system, they can use a water hose. Mr. Cochran: adequately and t they are a huge. some that are not watered I would Mr. Engelbrecht: Motion carries unanimously (6-0). like to address the neighbors. I am glad we were able to work this out. It has been my experience that usually people in this town can get things worked out if they get together. I .could suggest to you r ytime you have an issue like this, work with doing that, property freowner in e to contact advance. the plannig department. doi nt. III. Johnson Propertiest a. aHold a cre tract llocated on East McKinney east of the Piggly 4 ~i a V"68 tio __2k AVOW c~ta 1- S- Minutes P&Z Commission June 8, , 1994 Page 7 BRA Wiggly store from General Retail (GR),to Commercial- conditioned (C-c). Staff Report by Debra Goodwin: The property is currently zoned general retail and it is vacant except for some concrete paving along the property. A portion of the property is currently part of Lot 1, Block A of the 3-1 Addition. A portion is also included in the sonic Addition GDP. The property is located in a moderate activity area. The rezoning frora GR to C conditioned will not change the intensity allocated for this. There will be no additional right of way, dedication, or street improvements on McKinney. There will be sidewalks required with the platting of the property. No additional driveways to Mckinney will be allowed. Water, sewer, and electric are available. No public drainage improvements will be required. We sent out 8 notices to property owners within 200 feet of the property in question. We received one back in favor, one in opposition, and we did get a phone call from the manager of the Piggly Wiggly store just for a clarification. The applicant is proposing to place mini-warehouses on the proper- ty. Staff would recommend approval of this case subject to the condition that the permitted uses on the property be limited to those uses allowed currently on the property which are the GR uses and storage and sales warehouses, Petitioner: Gary Hammett, 223 West Hickory, representative of Hammett and Nash. Mr. Hammett: Mr. Johnson proposes the construction of this building be identical to the Piggly Wiggly building. The proposed use is commercial. Phillips 66, SorA c, and Piggly Wiggly would like to use the warehouses. It is a piece of property that is not platted. It is behind the other build- ings and is not visible. The one opposition received was the bank. Mr. Johnson spoke with them and they weren't aware of what it was or what it was going to look like, Mr. Gallivan at the bank said he wouldn't have a problem with it, he just didn't want a bunch of mini-storage warehouses all over the place. Dr. Huey: Is the long strip for access? Mr. Hammett: Yes. I a Venda% 1 AWda►t Date _15~^7 Minutes P62 Commission DRAFT June 8, 199d Page 8 Ms. Flemming: Are the warehouses just to serve the property within a close proximity? Mr. Hammett: A certain percentage of them. Ms. Flemming: Is access on Mckinney? Mr. Hammett: Yes. There is only one cut on McKinney. Currently, you can get into Piggly Wiggly and Phillips 66. They are not going to allow anymore cuts ther). Ms. Flemming: Where will the sidewalks be? Mr. Hammett: That is something we will have to work out with Frank. Mr. Engelbrecht: That will be shown on the plat. Mr. Cochran: How many units do you plan? Mr. Hammett: 10 Mr. Cochran: Are they all they same size? Mr. Hammett: Yes, they will be approximately 12 x 20. Dr. Huey: Will there just be one row of units? Mr. Hammett: Yes, with 10 doors. -J Mr. Cooper: If this is all concrete then why are we talking about adding a sidewalk? The way I remember its all paved. Mr. Hammett: You have to have a designated right of way. Ms. Goodwin: The sidewalk is actually a condition of the plat, and will be along the edge of the pavement. Mr. Engelbrecht: Public hearing is closed 6:10. Mr. Norton: I move to recommend approval of the request to rezone a 0.4192 acre tract on East Mckinney from General Retail (GR) to Commercial conditioned (C-c). Dr. Huey: I second. Mr. Engelbrecht: Motion carries vnanimoisly .6-0). Y t ~geedaNo. ~ Z~ ATTACHMENT 4 Agenda~l udAn asearat eetail Dis 'io Dale 7 S" ~E$~SITTBD OAS9~ Primary Reside^rial Ieva Community Unit Development ►Mrmitory, Boarding or Rooming House Hotel or Hotel F~ducational. Ins itutienat ~ Art Gallery or Museum Church or Rectory College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Group Homes halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Publio Library Monastery or Convent Nursing Home or Residence Home for Aged ! Occasional Sales x Park, playground or Public Community Center School, Private Primary or secondary school, Public or Denominational School, Business or Trade ~J ~ vti~ Accessorv and rnnf - i Accessory Building ' Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction office (Subject to A Control by Building Inspector) Pproval and Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Hain use Radio and/or Television Microwave Tower Off Street Remote Parking Sewage Pumping station Private Swimming Pool Telephone, Business Office I i i f gendaNa9u~ _ ~~~en4aitem S 110Rot General Retail Diatsi,A (oontinuedl ~tv -S- Utility. Accessory and Incidental Uses (cqntinued Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Regreational and Entertainment Usgg Amusement, Commercial (Indoor) Country Club (Private) with Golf Course Dance Hall or Night Club Public Golf Course Public Park or Playground { Public Playfield or Stadium Swim or Tennis Club Theater, Other than Drive-in Type R • Transpgrtation Related Use i Railroad Passenger Station Railroad Track or Right-of-way Commercial Parking Lot or Structure Automobile service Uses ' Auto Laundry Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores Retail and Sgr ige Tune Uses I Antique Shop Bakery or confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weavinq Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft shop Household Appliance Servica and Repair laundry or Cleaning Self Service Mimeogra;h, Stationery or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative I E li 4aend9No. L1 !i S Apdalleftt slogto General Retail District (gontiausd)Da1e 7- -7 R@t all and Service Type Uses (continuedL .Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Studio for Photographer, Musician, Artist or Health Agricultural Tvoe Uses &.nimal clinic or Hospital (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery ° PRUITTED USED WITH APPROVED SPRO1710 USE PBRXITI i Educational, Institutions] G ~SDecial Uses Cemetery or Mausoleum Fairground or Exhibition Area Fraternity, Sorority, Lodge or Civic Club Utility, Accessory and Incidental uses Private Utility Shop or Storage Yai:d `---J Public Building, Shop, yard of Local, State or Federal Government Sewage Treatment Plant Water Treatment Plant Recreational and Entertainment Uses Stable, Private Club ' Theater, Drive-in Transportation Related Uses Airport Landing Field or Heliport I a~eMlaNo q `D~- - ii\wpd0ca\ard\3onason.ora AQeodalte We 7-5a r ORDINANCE NO. TEXAS, PROVIDING COC A CHANGE AN ORDINANCE OF THE CITY OF DENTON, CONDITIONED [ FROM GENERAL RETAIL (GR) TO COMMERCIAL - APPROXI- DISTRI F LANC LO ATEDFONATHE NORTH SID E OF EAST MCKI NEYOSTREET,, AP TRACT O 288; PROVIDING FOR AA PENALTY IN THE OF LAND CT FOR MATELY 200 FEET WEST OF LOO MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. in zoning for a WHEREAS, Don Johnson has applied for a change .4192 acre tract of land from General Retail (GR) to commercial 0 - Conditioned CC-03; and and Zoning Commission WHEREAS, on June 8, 19940 the planning recommended approval of the requested change in zoning; and council finds that the change in zoning will WHEREAS, the city THEREFORE, be in compliance with the Denton Development Plan; NOW, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: N That the zoning district classification and use 192 acre designatattached fhereto.4and inco pore edOf land ordinance ommercialin Exhibit nt(Gt it described C c At reference, is changed from General Re and use conditioned (C-(c)) zoning district ° ordinance ofnthe City Of designation under the comprehensive zoning Denton, Texas. ~ aFCwriON LI. That the 0.4192 acre tract shall be sut,ject to the following condition: to The permitted uses on the ll property ushall ses erinitted in the General and sales w Distrarehouses and a uses p storage Retail ict- cnmTAN IIIThat the city's official zoning msp in amended to e show thchange in zoning district classification. violating ar~y provision of this arrYr TA~N_IV. That any person viol fined a sum not exceeding ordinance shall, upon conviction, be Each day that a provision of this ordinance is violated $2,000.00. shall constitute a separate and distinct offense. That this ordinance shall and a theef festive fourteen City is (14) days °m the date of its passage, directed to cause the caption of this ordinance to be hereby the official i -Chronicle, published newspaper of twice the in city of the Denton, Denton ReTexas,cordwithin ten (10) days of the date Of its passage. ~ date Of i i i I , 4 t +QeMaNo ~ 4Qer~alt - Zit I Date 7-5- 4 ee /7 PASSED AND APPROVED this the day of , 1994• BOB CASTLEBERRY, MAYOR I ATTEST: JENNITER WALTERSo CITY SECRETARY i I BY: t APPROVED AS TO LEGAL FORM: r DEBRA A. DRAYOVITCSo CITY ATTORNEY 3 I I i j I 4190aNo EXHIBIT A a211 S ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEINGDole SITUATED IN THE M. YOACHUM SURVEY, ABSTRACT 14421 CITY OF DENTON, DENTON ~i7 COUNTY, TEXAS; AND BEING PART OF A (CALLED) 18.972 ACRE TRACT DESCRIBED IN A DEED FROM J.L. MADEWELL TO DONALD W. JOHNSON ON THE 31ST DAY OF AUGUST, 1965 RECORDED IN VOLUME 528, PAGE 3741 DEED RECORDS OF DENTON COUNTY, TEXAS AND PART OF LOT 1, BLOCK A, 3-J ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS AS RECORDED IN CABINET F, PAGE 296, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT AN 'X' IN CONCRETE AT THE SOUTHWEST CORNER OF SAID 3-J ADDITION IN THE NORTH RIGHT OF WAY OF EAST MCKINNEY STREET (FM ROAD 426 THENCE NORTH 00 DEGREES 54 MINUTES 51 SECONDS EAST ALONG THE WEST BOUNDARY LINE OF SAID 3-J ADDITION PART OF THE WAY AND NEAR THE EAST WALL OF A BUILDING A DISTANCE OF 259.41 FEET TO A POINT FOR CORNER] i THENCE SOUTH 89 DEGREES 27 MINUTES 06 SECONDS EAST A DISTANCE OF 107.72 FEET TO A POINT FOR CORNER IN THE SOUTH BOUNDARY LINE OF LOT It BLOCK I, SONIC ADDITON, AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET I. PAGE 60, PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 01 DEGREES 22 MINUTES 39 SECONDS WEST A DISTANCE OF 99.87 FEET TO A POINT FOR CORNER IN THE WEST BOUNDARY LINE OF LOT 1, BLOCK A, J 6 H ADDITION, AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET F, PAGE 3361 PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 01 DEGREES 09 MINUTES 37 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF SAID J 6 H ADDITION A DISTANCE OF 38.88 FEET TO J A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID 3-J ADDITION; THENCE NORTH 84 DEGREES 11 MINUTES 19 SECONDS WEST ALONG THE NORTH BOUNDARY LINE OF SAID 3-J ADDITION A DISTANCE OF 77.02 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 54 MINUTES 51 SECONDS WEST A DISTANCE OF 130.49 FEET TO A POINT FOR CORNER IN THE NORTH RIGHT OF WAY OF EAST MCKINNEY STREET; i THENCE NORTH 84 DEGREES 11 MINUTES 19 SECONDS WEST ALONG THE NORTH RIGHT OF WAY OF EAST MCKINNEY STREET A DISTANCE OF 30.11 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.4192 ACRE OF LAND. ~gendaNo 9'u'02l ATTACHMENT 1 Agendaltem u~ Z-94-011 Johnson Properties BNate NORTH us rte. am" Ct . ~ w O 11 -at II~ I-~U f t• SITE I 01 d r w nr, ~ . Location Map Oaten 6/2/94 Scale: None t f, owaNo ~ur© ATTACHMENT 2 44gWe TAdIE ~70~ ~7 NORTH Tohnsou Properties lit ~ • ~ r log x rA t E i i~ t1p / ` I I It s.-~ JI ~~T ;1R ~ 1.'i~.i.. ~ ~ -4 A/ekp~rY Loft STREET ROAD 4P6 Site Map Dates 6(04 Scale: None r!v .CITY COUNCI I HIMM: of a' k 4~ •oP 6 t O • ~ ~1M ~oooo I I w ~r AQ6p~N0-~ AWN ~1~ ry CITY COUNCIL REPORT DATE' July 5, 1994 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Z-94-013, Denton County/Ruddell Street Rezoning RECOMMENDATION: The Planning and Zoning commission recommends approval 6-0. CRY: east requesting of rezoning of Street 17.9335 south r of the The locatedapplicant on the is extension of East Hickory. BACKGROUND' See P&Z Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Planning and Development r Building Inspection Engineering FISCAL IMPACT: j N/A bmitted: lly su CZ Lloyd V. Harrell City Manager Prepared by: Debra Goodwin Urban Planner Approved: rank H. Robbins AT l Executive Director Planning and Development 1 it i 4 ~ Agenda No Apeada~tesit.~ P Date ~12 0~ PLANNING AND ZONING CONAISSION REPORT To: Denton City Council Case No.: Z-94-013 Meeting Date: July 5, 1994 GENERAL INFORMATION Applicant: County of Denton 110 W. Hickory Denton, Texas 76201 Current Owner: Same as applicant Requested Action: Districtfr to S LI(cjneTAght FamilyindustriDwelling District - Conditioned Location and Size: 17.9335 acres located en the east side of Ruddell Street south of the extension of East Hickory Street Surrounding Zoning and Land Use: North - SF-7/Residential South - MF-1/Vacant East - LI(c)/Vacant West - MF-1/Multi-family Denton Developsent Plan: Low Intensity Area SPECIAL INFORMATION Transportation: Additional dedication along Ruddell will be required to briny the rright-of-way to 30 the A sidewalk will be required at the time of final plats. t i s agendaNo 9u-oZ1 Agendaltem Date (Case 2-94-013) Page Two The existing approved access to the property is at East Hickory and Ruddell Street. East Hickory is designated as a collector street, but will not connect through to Woodrow. No driveway will ke allowed further south on Ruddell Street. As no access to Ruddell will be taken, improvements to Ruddell Street will not be required at this time. Utilities: Water service will proviaed from an existing six inch line on Ruddell Street. An existing twenty-one inch sewer line at Pecan Creek will provide service to this project. A new manhole will be required to be constructed in order to connect to this line. There is an existing fire hydrant on Ruddell Street. An on- site fire hydrant will be required on Lot 1. Drainage: 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. l - HISTORY 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. Future plans include other governmental uses such as office buildings. The preliminary plat for Lots 1 and 2, Block 1, Denton County Municipal Project was approved by the City Council on June 21, 1994. This proposed zoning would be similar to that zoning approved on the County property to the east of this tract which limits use of the property to public buildings for local, state, or federal governments, and professional and administrative offices and correctional facilities with a Specific Use Permit. The proposed zoning for this site would exclude the use of the property as a correctional facility. 4 - AgendaNo u _ S ndall Age Dale 7 --d (Case Z-94-013) Page Three ANALYSIS The property is located in a low intensity area. the property is owned and will be utilized by qovern agencies only, the policies of the Denton Development Plan will not guse of property, referencevwas madesto involving governmental the Texas Attorney General ruling that political subdivisions reasonablenesswer subject to the are immune of the h rule of municipal application The current intensity area would allow up to 900 vehicle trips I a day on the tract. f The Planning and zoning commission ion is of the opinion that governmental uses tie use of the property in 4u roved reasonable as the property to the east is currently approved for government uses. The Commission also voiced concern over the proposed access to the property at Hickory and Ruddell and the impact the potential traffic could have on the residential neighborhood. The staff and the Commission were uncertain as to the degree that the rule of reasonableness could be applied City council to that proposed access to Ruddell at a any point. consider prohibiting access Preliminary responses from the County indicate that the "no access" to Ruddell condition recommended by the Planning and zoning commission is not acceptable, but is in a position to ~J design the access and parking lot to some future county E complex so as to mitigate any negative traffic impacts. 1 ttE3While this tract is owned by the County, it is being p as a separate lot. Council has approved the preliminary plat of two lots. These lots reasonable access would abe off h Ruddell eat Hickory, street. A NOTIFICATION Twelve notices were sent to property owners within 200' of the property in question prior to the Planning and Zoning commission hearing. One response was received in opposition to the request. t a y i r AOMNO q~ AgerOalierrt~- oate~S' !q I (Case Z-94-013) Page Four - i RECOKKENDATION _ I Planning and Zoning Commission recommends approval of Case Z- 94-013 subject to the condition that the permitted uses on the property be limited to public buildings for local, state, federal governments and professional and administrative offices. The Commission also recommends that no access be allowed to Ruddell Street at any point and that access be from the county property to the east of this property which has access to McKinney and Woodrow. After review of the case law concerning "the rule of reasonableness" and discussions with the county concerning future access and parking lot layout, staff recommends approval without the access condition. I i i ALTERNATIVES 1. Approve the petition. 2. Approve the petition with additional conditions. 3. Deny the petition. 1 4. Postpone action. 4 ATTACHMENTS 1. Location Map 2. Planning and Zoning commission rinutes of June 22, 1994 I ti 1 Q AgendaNo R~'021 A~entla~ter, ATTACHMENT 1 Date Z-94.013 Denton County/Ruddell Street Rezoning,6°Y/9 NORTH S'rti',~IUORE SI TE wow Location Map Date: 6/9/94 Scale.. None 1 r i , c ~genGaNo, /7~~/~ ATTACHMENT 2 Agenda herttles Date 7-S4y Minutes P&Z Commission -7(y~ June 22, 1994 `p Page 25 recommendations attached. Mrs. Russcll: I second. Mr. Engltorecht: I has been moved and seconded to recommend approval of Z-94-007 with 10 conditioned attached. I too would like to say this is not an easy situation, it never is. Dr. Huey: I perceive this also as a very difficulty situation, I see zoning as a protection for residence. I think there are options for the petitioner and I will not vote in favor of the motion. Mr. Engelbrecht: All in favor of the motion? Motion carries 5-1. Dr. Huey opposed. We will take a ten minute break at this time. Meeting resumed at 7:50 P.M. ` IV. Hold a public hearing and consider the rezoning of a 17.9335 acre tract located on the east side of Ruddell street south of the extension of East Hickory Street from single-family dwelling (SF-7) to Light Industrial-condi- tioned (LI(c)). Staff Report given by Deborah Goodwin. I s This is a request to rezone 17.9335 acres located on Ruddell Street. The commission looked at the plat on the property on June 8, 1994. The city council approved the plat last night at their meeting. I will briefly go over the infrastructure. There will be additional dedication along Ruddell. A sidewalk would be required at the time i of the final plat. You may recall that this property is being split into two lots. They will be final platted separately. Access to the property will be at E. Hickory and Ruddell Street. There will be no driveways allowed further down on Ruddell. The access will be through the existing county property to the east or at Hickory and Ruddell. The property is currently vacant. Denton County owns the property and plans to construct a vehicle maintenance facility on Lot 1. Future plans for the property include other governmental uses, offices, courts, etc. The zoning that we are proposing on this piece of property 13 similar to the zoning that was approved on the { i a Y Agenda No Clt-o Z1 1 Agendalten oate Minutes P&2 Commission 8 l June 22, 1994 Page 26 county property that is directly east of this property. That particular zoning limits the use of the property to public buildings for local, state, or federal government and professional and administrative offices. That particular property allows correctional facilities with a specific use permit. Staff is recommending that particu- lar use not be allowed on this property. The property is located in the low intensity area, but as the property Ir. owned and will be utilized by a governmental agency. The policies of the Denton Development Plan will not be applied to this particular request. what we are looking at is basically a reference from the Texas Attorney General. It states that political subdivisions are immune to strict interpretation of the municipal zoning power and we have to use a rule of reasonableness. It is staffs opinion that this would be a reasonable usL for this piece of property. Twelve notices were sent to property owners within 200 feet of the property in question. One response was returned in opposition, one was undeliverable, and I did l receive a phone call from one of the notified property owners asking questions a.id he indicated he would be in favor of the proposal. I did not receive a written i response from that person. Staff would recommend approval of case number 94-013 subject to the condition that the permitted uses on the property be limited to public buildings for local, state, and federal governments and for professional and administrative offices. i Mr. Cochran: In your recommendation, can you clarify what you mean by public buildings for local, state, and federal governments, does that mean garages? Ms. Goodwin: For governmental agency. Ms. Flemming: Could the drfveway not come from McKinney St.? Ms. Goodwin: This property does not have frontage on McKinney. I think the county does have plans to have access from the complex that is on Wcodrow and McKinney to this piece of property. Mr. Engelbrecht: The facility could be accessed via another route other than the single family residence? E Dr. Husys Does this map Include the property we rezoned i AQeWaNo, Apeedalter~~~18 Minutes P62 Commission Dale June 22, 1994 9 d T Page 27 the last time? Ms. Goodwin: No. Dr. Huey: Why are we doing this in two steps? Ms. Goodwin: I believe the previous rezoning was a couple of years ago. What we saw the last time was a preliminary plat on the property. I do believe they have an idea where they would place the facility. Mr. Cochran: The property adjacent on the east, is that county property at this time and what is it zoned? Ms. Goodwin: It is zoned LI. It has the same uses as we are proposing on this one except it allows correctional facilities with a specific use permit. We are proposing that not be one of the uses allowed on this property. Mr. Engelbrecht: Is the petitioner or a representative present? Michael Jones: I am the Director of Public Works for Denton County. Our intention to build a vehicle mainte- nance facility on the property. We do plan right now to have access from McKinney and Woodrow, not from Ruddell. In the future development of the property, potentially there could be a secondary access on Ruddell, but we do not have any plans for that at this time. We do own I1 1 property from Ruddell to Woodrow and McKinney. We have ~J reviewed the staffs revommendation for conditions and we have no problem with those requirements. We will comply with the requirements in terms of sidewalks construction, etc. Mr. Engelbrecht: What plans do you have to buffer the vehicle maintenance facility from the residential struc- tures that are across Ruddell Street. i Mr. Jones: The biggest buffer is going to be the space. The proposed site for the vehicle maintenance facility would be in the northeast corner of lot 1. Mr. Cochran: which way will it face? Mr. Jones: I believe the bays will face east/west. They will open all the way through. i i 4 AgeodaNo AgooW/O o~ta Minutes P&Z Commission June 22, 1994 Page 28 Mr. Cochran: What are the proposed working hours? Mr. Jones: It would be normal hours, basically 8-5. Mr. Engelbrecht: Any other questions for Mr. Jones? Mr. Cochran: How many bays do you anticipate having? Mr. Jones: I believe there are six bays, three on each side. Mr. Cochran: Do you have the approximate dimensions of that structure? Mr. Jones: Approximately 41000 square feet total. Dr. Huey: What types of vehicles will be worked on? Mr. Jones: All county vehicles. Dr. Huey: Are we talking cars and trucks or earth movers? Mr. Jones. It would be cars and trucks. our heavy ► equipment is serviced in our road and bridge operations at some of out other precincts. Mr. Engelbrecht: You are going to be constructing sidewalks along Ruddell and some street work as part of the plat? Mr. Jones: I believe we are going to be required to construct a sidewalk and dedicate right of way. Mr. Engelbrecht: There is currently a fence running along there, do you intend to put up more fence? Mr. Jones: The fence would be in the right of way. We do have plans to fence the facility itself. . Mr. Engelbrecht: Have you talked with the housing authority? Mr. Jones: I don't believe that is an issue we have discussed. Mr. Cochran: You are just developing a,small portion, what are your ultimate plans? Mr. Jones: There is a master plan, some administrative z i i E l ~►gendaNo 9~ Apsnda~t 5 - Minutes P6Z Commission oete_ ~4 - June 22, 1994 Page 29 Office, etc, a jail expansion on the property to the east. On this property, the only building that is being con- struction is the vehicle maintenance facility. The rest would be potentially parking and open space. Mr. Cochran: That open space would be maintained as a grassy lawn area? Mr. Jones: That would be a lot of flood plain to the south. Mr. Engelbrecht: What is the purpose of the Hickory St. - Ruddell Street entrance? Mr. Jones: There is the potential of a secondary entrance there. Mr. Engelbrecht: Personally, I hope that you never use that street. I don't think it is appropriate to access that street. It is a residential area. « Dr. Huey: Would it be appropriate and/or legal to put that restriction upon that? Mr. Engelbrecht: I think that in terms of our ability to i do that, we could certainly do that. i Mr. Robbins: I an not in position to' make a legal comment. This is not a cut and dry situation. Our authority is limited with respect to the county. I don't know that we can do that. This is a traditional type of zoning condition. I don't know if it is appropriate or legal. Ms. Russell: Won't this come back to us? Mr. Robbins: The final plat will come back to us. Mr. Engelbrecht: Lot two will come back to us and it is on lot two that it shows the curb cut? Mr. Robbins: Right. There is no curb cut on lot one. Dr. Huey: Would the authorization for a curb cut be at our discretion at that time? Mr. Engelbrecht: In that case I think there is other I access to the property. r ~gentlaNo Q~ Age~dalte7 S,-~fQ7(~-- Minutes P&Z Commission ~t9 ~Z, dT/`7 June 22, 1994 Page 30 Mr. Robbins: The problem has to do with an area that is legally sensitive. i don't know how far we can go. Mr. Drake: Any kind of a rule or reason is going to be a gray issue. I don't know what the cases say as far as what the limits of that gray area might be. Mr. Robbins: This is a legally sensitive issue and i can't comment. Mr. Drake: We will have to look into it. Mr. Engelbrecht: i think it is reasonable that we ask you not send office traffic through a residential area. Mr. Norton: In addition, the paperwork says access from I. Hickory and Ruddell. Mr. Jones: Since we are looking at the property as a whole, we did agree that if we took access through Ruddell, it would only be at the point of E. Hickory and no further south. Mr. Cochran: You are going to build a 4,000 square foot building on a 17 acre plot of land, how close will it be to the east property line? Mr. Jones: It will be in the northeast corner of lot 1, we haven't physically sited the property. Mr. Engelbrecht: Any other questions or comments for Mr. Jones? Is there anyone present who would like to speak in tavor of this petition? 4 Mary Hamilton: I am the Executive Director of the Denton Housing Authority. I want to address some concerns about traffic on Ruddell Street. it is my strong feeling that I if at any time access is given, Ruddell should be widened and made a more safe area for people. I have to tell you that the Phoenix Apartments are on the east side. There arer600 people living there, approximately 400 of which are children. These children have been taught to be weary f of the street, but if a ball rolls into the street they # frequently run into the street. This concerns me, The other issue I would like to address is that we have ! always been extremely happy to have our 'public housing project across from a cow pasture. We are probably one of i i f +gendaNo 7u'~ 4gvdalltem Rate Minutes P42 Commission 3 June 22, 1994 Page 31 the few in the country where our children have been able to grow up with the sight of cattle and green things growing. I would urge the county to voluntarily provide some type of visual buffer for the children. The Pecan Street drainage is another problem. I don't know if the county will address that or if I should take that up with the city. Something needs to be done on that side of Ruddell to clean that area up also. Mr. Engelbrecht: I have some concerns about the fence, they are going to build a sidewalk, I know there is a fence there now. I am assuming this is important for those 400 children. Ms. Hamilton: The fence has been a thorn in our side for quite sometime. I think there is a need for a fence. The previous property owner did not want the fence touched because he had a problem with the City of Denton. He felt that the fence was a symbol of defiance with the city. We humored him. My hope would be the county would tear that down and erect a fence that would not bean eye sore and would provide protection for the children. Mr. Engelbrecht: Do you think a fence is necessary? Have you spoke with the county? Ms. Hamilton: Not really, I haven't talked to them about that. Probably the fence is more necessary to protect the county building than the children. ~J Mr. Engelbrecht: Any other questions for Ms. Hamilton? Ms. Hamilton: I am sure there are areas on that property that could not be built on. i Mr. Engelbrecht: Is there anyone else who would like to speak in favor of this petition? Anyone who would like to speak in opposition to this petition? Leona Franklin: I 1lve at 101 N. Ruddell. Most of my concerns have already been addressed, the"traffic, noise trucks, and construction. The house across the street from me has already had cars run into the house two or three different times. I have been on that corner for 25 years, and I can see this making a big change. I don't want to see any additional traffic on our street. Being in tho corner house, I would catch pure hell. Nobody j I agenda No. QC!-OZ! Agendaltem~ Oote 7 5 Minutes P&Z Commission June 22, 1994 Page 32 wants to live in a house with all of that noise across the way. I get it from Hickory Street and Ruddell Street. I am not opposed to the building, only the traffic. Mr. Engelbrecht: Any other comments? Ms. Franklin: Will I be affected with the sidewalks? Mr. Engelbrecht: The sidewalk will be built along Ruddell on the frontage only, from Hickory Street down to Pecan Creek. Anyone else who would like to speak in opposition to this petition. There was opposition, therefore the petitioner has the opportunity to speak in rebuttal. Mr. Jones: No rebuttal, but I do appreciate the time the commissioners have allowed. It looks like the building will set 350 feet or more off of Ruddell. There is a 100 foot setback, no structure can be within that. We don't have plans for any other structure, but there is a tremendous amount of set back we have agreed to place on the plat to protect future construction on the site. Mr. Engelbrecht: Public hearing is closed. Commission- era, any questions, comments, or a motion? Mrs. Russell: I move for approval of Z-94-0013. Mr. Norton: I second. Mr. Engelbrecht: It has been moved and seconded to approve Z-94-013 as outlined by staff. Dr. Huey: I would like to propose an amendment to the motion that there be no access to property from Ruddell Street, including the E. Hickory access. Ms. Flemming: I second. Mr. Engelbrecht: Any discussion on the amendment? Mrs. Russell: Did I understand we will be discussing lot two at anther time? Mr. Engelbrecht: We will at final plat. Dr. Huey: The staff would need to research the legal issues between our meeting and the city council meeting. +4~en6-aat-~-`C? 18 7 5 Minutes PLZ Commission RAFT June 22, 1994 Page 3] Mr. Engelbrecht: Any other discussion on the amendment to the motion? Notion carries unanimously (6-0). This brings us back to the main motion with an amendment to close off the curb cut. All in favor? Motion carries unanimously (6-0). V. Consider the preliminary replat of Lot 4F, Block A, Section 2 of the Freeway Park Addition into Lots 4F-•1R through 4F-8R. The 8.481 acre site is located on the west side of Mesa Drive at Los Colinas Drive. Staff report by Owen Yost: This is a 8.481 acres site on the west side of Mesa at Los Colinas Drive. Currently it is vacant, but is planned for offices and warehouses. This was reviewed by you back in February, since that time the applicant has distributed a new drainage scheme for the property. We thought it appropriate that you review this replat. The property is in a light industrial zoning area that allows the proposed uses. The replat does conform to the subdivision and landuse development regulations. The Development Review ' Committee recommends approval. Mr. Engelbrecht: Questions for Mr. Yost? i Mr. Norton: What are we doing again? Mr. Yost: This is a replat of the total acreage. Mr. Norton: Am I suppose to understand all of those lines? Mr. Yost: what they indicate is contours. They are at two foot contour intervals meaning the land slopes two feet for every line shown. Mr. Salmon: On the previous plat, the owner did not propose to change the contour lines to take care of the excess drainage. It was proposed to install an inlet on Mesa Drive and run a storm sewer pipe west toward the railroad ditch. Since that time, the applicant has decided to try and handle the drainage by changing the topography and run more drainage to the west without having to install the pipe. According to our ordinance if you are proposing any major changes in contours, you need to show them on the preliminary plat. AgendaNo y' U-OZ1 Apendahem_12 Date 7'_5- Q11 _ EXHIBIT A A 17.9335 acre tract of land located on the east side of Ruddell Street south of the extension of Hickory Street - also known as Lots 1 and 2. Block 1, Denton county Municipal Project. M i i ~r f I jr\wpdoce\ord\rudde11.crd AQwda k Q~ 2 Ageridals S 4~ r Dte s,y X70 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHA1'GE FROM SINGLE FAMILY-7 (SF-7) TO LIGHT INDUSTRIAL (LI-c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 17.9335 ACRES OF LAND LOCATED ON THE EAST SIDE OF RUDDELL STREET AT EAST HICKORY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; ANDROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the County of Denton has applied for a change in zoning for 17.9335 acres of land from Single Family-7 (SF-7) to Light Industrial (LI-c) district classification and use designation with conditions; and WHEREAS, on June 22, 1994, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 17.9335 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Single Family-7 (SF-7) to Light Industrial (LI-c) district classification and use designation with conditions under j the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That in accordance with ordinance No. 91-078, the property shall be subject to the following conditions: (a) The property may only be used for public buildings for local, state, or federal governments, and professional and administrative offices. (b) No roadway access shall Le allowed onto Ruddell Street. SECTION III. That the City's official zoning map ie amended to show the change in zoning district classification. SECTION _U. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and district offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be x Apen6aNo 9u_Del- published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Gi 094,c i i I Il i f V i • 1 f PAGE 2 } AgeW&NO A enOa~t ~ • Data I 0 EXHIBIT A knowne 17.9335 tract the extension of Hckory stret ei also of Street south of as Lots 1 and 2, Block 1, Denton County Municipal Project. k i t i ~ J ~C ~COUNCI t M. ,4 O ~QO j t oOO,,(`J' h l Oil G i a a AQMda Ho s~- D / I AQ9nda~tert,.~~ S4 / PLANNING AND ZONING COMMISSION REYOR'*0 9y DATE: July 5, 1994 ` TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY REPLAT OF LOTS 1R AND 2R, BLOCK At 3J ADDITION RECOMMENDATION: The Planning and Zoning Commission recommended approval, 6-0, at their June S, 1994 meeting. SUMMARY' ' This is a request for consideration of the preliminary replat of a 0.6469 acre tract located on E. McKinney east of the Piggly Wiggly store. City services and facilities, including water, sanitary sewer, electrical and solid waste, are available to the property. No additional right-of-way dedication or street improvements will bp required. Sidewalks will be required along the frontage on McKinney Street. No additional driveways will be allowed. There is an existing eight inch water line on McKinney Street that will provide service. The thirty inch water line traversing the property from north to south is a transmission line and cannot be tapped for service. } Existing fire hydrants provide adequate coverage. t j An eighteen inch sewer line along the western property line will provide service. No public drainage improvements wall be required. The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations, Chapter 34 of the Code of Ordinances. BACKGROUND: Lot 1, Block A, 3J Addition was approved in 19E6. This replat will create two lots from this existing lot and a portion of an unPlatted parcel. The property is greatly impacted by existing easements along the west property line. The only building sites available on i S i t r I ' I ~I AOendatt / Date--Z- S each lot is on the east property line. An automotive repair ""O S garage is located on Lot 1R. Mini-warehouses/warehousing are proposed on Lot 2R. PROGRAMS DEFARTMENTS OR GROUPS AFFECTED: Engineering Department Building Inspections Planning and Development Department FISCAL IMPACT: N/A MACHMENTSr 1. Location map 2. Preliminary plat 3. Planning and Zoning Commission Minutes of June 8, 1994 j Respec ully sub itted: } o Harrell r City Manager Prepared by: I f ( Debra Goodwin Urban Planner *AAproved Ro bins AICP Executive D rector Planning and Development 1 l gendaND q '©R2/__ I ATTACHMENT 1 4BOdallem Johnson Properties (34 Addition) arP NORTH sir AL in SITE - n. d ~ r Location Map Date. QW4 Scale: None 1 gen0aNO '~21 ATTACHMENT 2 genMtem Il1P✓' Tohnscn Properties (3-J Addition) NORTH I.. f. fat ft 04 I'•:1' :1P (0 ~!'XlAt rca'rw.c unN I f of f r.r ora I~ ►R n fef, ~p~,y A/A 00 ax9 i ~°.ry ►aA„ F~;:, 'SOT IR 1 l ; e+trr ~1L 1 r:. i 1 J Of •~lf[L wi MCK/NNEY STREET + rpo ,e,r a r Preliminary Plat Dale: 6x94 Scale: None r, Vendaw ?Z/.- Apenda) S ' ,',TTACHMENT 3 la4e -S' Minutes Pit Commission DRAT June 8, 1994 Page 9 b. Consider an amended General Development Plan of 5.22 acres located on the northwest corner of East McKinney Street and Loop 288. Staff Report by Debra Goodwin: The Development Review Committee recomiends approval of the General Development Plan of Sonic Addition. The property is located on the northwest corner of E. McKinney and Loop 288. The total acreage within the GDP is 5.218 acres with five phases proposed. There are 4.7988 acres designated for general retail and 0.4192 acre designated as Commercial- conditioned. City services and facilities, including water, sanitary sewer, electrical, and solid waste are available. Mr. Cochran: I move for approval of this GDP. Mr. Norton: I second. t 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 located on East McKinney Street east of the Piggly Wiggly store. ! Ms. Goodwin: DRC would recommend approval of this replat. It is a request for the division of a .6469 acre tract on E. McKinney into two parcels. City services and facilities are available. 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 Agenda; 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 -=COUNCI ~ Nr 4 0 S a e ~ 4roM ~~""COO vk~ 1, r a Ap~aOaNo Aor&ll DATE: July 5, 1994 Dm TO: Mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY REPLAT OF LOT 4F, BLOCK A, SECTION 2 OF THE FREEWAY PARK ADDITION, INTO LOTS 4F-1R THROUGH 4F-SR. i I RECOI$iF,~.QATION: j The Planning and Zoning Commission recommends approval. 8.481 ateWe Colinas Drivels it is currently va ant, and Offices and i warehouses are planned. nd Public improvements associated with the final replat include concrete sidewalk two additional fire hydrants to be installed along Mesa Drive. I The replat conforms to the minimum reirements of subdivision and Land Development Reg lations; Chapter 34tof the Code of Ordinances. 9ACKGRO run= The property is in a Light lAustrial (LI) zoning district, which allows the proposed use. Services and facilities including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available or planned for. PR-~_ - D_ EP1~~TM NTR OR GROUPS AI'FFnT~n. { Engineering S Transportation Dept,, property owner r ~ •,j FT$CA_ L_,IMPACTt None. r t r qQeenaNo. Agwdaltem Sd'2 RespeC fully submitted, GL V, Prepared by Lloyd V. Harrell, Cit Manager by, G-7 G. Owen Yost ASLA Urban Plan ear Approved by, i Frank bbins, AICP Execf:tive Director of Planning & Development ATTACHMENTS: i f Location map. 1 - Preliminary replat. k 1 1 n.e r. I 1 i s. h. i ri n t gendaNo NO 2/ ;gendaltem P-94-008 Freeway Park ATTACHMENT 1 ~~te `QU NORTH LOOP 288 'o • I W m SI E Y ~ O UNIVERSITY GR M i d J'il CHRISTAL ROAD Location Atop Dale: 6/104 Scale: None I Age mo Agendaltem SBz ATTACHMENT 2 Dale- 7'.S` 4 P-94.048 Freeway Park 4144 NORTH Kno{Lraot 4fo 1 ` s Sodrq~ian « + Cob F, Pp 235 iml ` ,4114 vu.44 c-- 'v 2onlnq: LI -Existing Firs Nrdr:nl 89052'07" E 391.96' T Lot V Cal York \ I I.Ob4 Ae. F 1W L, Now S,drsall in ' o ' 4' Weds Emrmant on In~eslmrnh ~ 1 Ine. tD ' r [sue., ti r«.• iii ~i West Sidd of R•0•M Vol 1611/1) 266 N 1-01 11 >r . DRCC to Lol4F-2R lY 1 Zoning: LI ti 1.004 A:. ~A 61 _ a p -NEW FIRE HYDRANT W , \ fad tl11 ■ -i]{]], I 4. T. L{rauzre[ z 11 X11 00 2onin LI 3753/655 1 N • L Ae R O 1~ as. ~ ^ l' 1 urU c _ {sax \ L2,4F-4R O 11 Lo[ Colinas G,. z s \ to \ s \ [ ~«t « r-.€n[f inp Firs Mfdr ' r ~2aninp: F. Lql 4F-S LI gt fi _ -N' 79 Z: - - N~ 116 _ ~e 727 L3S• 47 Lot 4F-6R ^ H lto '..:63 Ac j `t 1 Lo1 4f•7R Ix c• 1 ; c ~9s NEW FIRE HYDRANT rP S -ata~a~o'• o \ Pl Let 4F•9R ~ ~ 19?7 Rc. ~ ~ . t I ~ m. ian'nq: U 5 g 4910,W i g5 .Nis 2nnlnq u z;1,inp a -'SgN ~„r~r 1 I \ Elllinq ftrs H[dra _ gondeta _ ,I Preliminary Replat Date: 6/16/94 Scale: None l,; A"WINO _ Minutes P&2 Commission DRA sad June 22, 1994 Page 33 Mr. Engelbrecht: Any other discussion on the amendment to the motion? Motion carries unanimously (6-0). This brings us back to the main motion with an amendment to close off the curb cut. All in favor? Motion carries unanimously (6-0). V. Consider the preliminary replat of Lot 4F, Block A, Section 2 of the Freeway Park Addition into Lots 4F-1R through 4F-8R. The 8.481 acre site is located on the west side of Mesa Drive at Los Colinas Drive. Staff report by Owen Yost: This is a 8.481 acres site on the west side of Mesa at Los Colinas Drive. Currently it is vacant, but is planned for offices and warehouses. This was reviewed by you back in February, since that time the applicant has designated a new drainage scheme for the property. We thought it appropriate that you review this replat. The property is in a light industrial zoning area that allows the proposed uses. The replat does conform to the subdivision and landuse development regulations. The Development Review j Committee recommends approval. ~J Mr. Engelbrecht: Questions for Mr. Yost? Mr. Norton: What are we doing again? Mr. Yost: This is a replat of the total acreage. s Mr. Norton: Am I suppose to understand all of those lines? Mr. Yost: What they indicate is contours. They are at two foot contour intervals meaning the land slopes two feet for every line shown. Mr. Salmon: On the previous plat, the owner did not propose to change the contour lines to take care of the excess drainage. It was proposed to install an inlet on Mesa Drive and run a storm sewer pipe west toward the railroad ditch. Since that time, the applicant has decided to try and handle the drainage by changing the topography and run more drainage to the west without having to install the pipe. According to our ordinance if you are proposing any major changes in contours, you need to show them on the preliminary plat. i i , i +gen~aroo _ ~'~02' Aggendal~e S„~}J 4t8 ' V Minutes P&Z Commission L June 22, 1994 Page 34 Mr. Norton: Are the dark lines the grade lines to indicate the two foot separations rather than lot lines? Mr. Salmon: Right, the darkest lines on this plat are the contour lines, the lot lines run east and west. Mr. Norton: That explains it. Thank you. Mr. Engelbrecht: Any questions for staff or a motion? Mr. Norton: Do you foresee any problems with the contour- ing? I J S Mr. Yost: It passed approval. Dr. Huey: Is this an improvement over the other plan? Mr. Salmon: It will accomplish the same thing. Dr. Huey: Will we be hearing from the railroad on that? U ❑ Mr. Salmon: I don't think so. RA D Dr. Huey: I move for approval of the preliminary replat J~ of Lot 4F, Block A, Section II of Freeway Park addition. I Mr. Norton: I second. 111~J Mr. Engelbrecht: It has been moved and seconded to recommend approval. Is there any discussion on the motion? Motion carries unanimously (6-0). VI. Hold a public hearing and consider rezoning 5.5638 acres to a multi-family 1 (MF-1) zoning district, from a commer- cial (C) district. The site known as the Prairie Hollow Apartments is located north of Prairie Street and east of Interstate 35. Staff report given by Owen Yost. This is downzoning of an area now zoned C. This was allowed to build apartments in C zoning 10-20 years ago. At that time we had cumulative zoning. Now, we have pretty much backed off of that. Apartments now are not allowed in commercial zoning. The applicant is requesting multi-family 1 zoning, it is in a modRrate intensity now that is only 50f allocated. Six notice were mailed, one wao opposed. After talking with the applicant on the r1 I =-CITY~ _..COUNCI I 1H ~ Nf ~ O g d d • f '"u~O~C+W""~oo 1 6 I "ON* 7 .jo Apendalt ~ Oats 00~ 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: j 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 as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1636 ALL MAHANEY INTERNATIONAL $147,160 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bide, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications4 standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. i I i 7 igeldaNo, TT'{1t~ 4gendaltem ~a W -S- SECTION iII. That should the City and ptrsons submitting approved and accepted items and of the subl~itted bids wish to enter into a formal written agreement as a rea4lt of the acceptance approval, and awarding of the bids, the ,.it nated desigen c ntract whichtshallive Maned t his } authorised to execute the attached hereto p Y or written contract is in accordance with the terms,r conditions the rds ntities and inetheiBidiProposalnand re ak d documents herein specified approved contained accepted. and SECTION IV. That by the acceptance and app of te above numbered 1te s of the submitted bids, the City vCouncil hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immedlatoly upon its passage and approval. f PASSED AND APPROVED this day of 1994. r BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCHO CITY ATTORNEY BYs E ~enOaNa ~'~2/ a$eada~tein~ 06te DATE: JULY 5, 1994 L's CITY COUNCIL REPORT L TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 11636 - REAR LOAD REFUSE TRUCK RECOMMENDATION: We recommend this bid be awarded to the lowest and most responsible bidder meeting specifications, Mananey International in the amount of $73,580.00 per truck for a total of $147,160.00 for two units. SUMMARY: This bid is for the purchasa of two 25 cubic yard rear load refuse trucks. These units are motorpool replacements for 1986 model trucks no longer economical to maintain. The rear load trucks are used in the residential refuse collectio This hasnproved to be an excellent combination tfor thi applicat on Pak-Mor bodies. The lower price offered by Industrial Disposal Supply for the Leach Body, fails to meet packer body specifications in the size of load opening and hydraulic system capacities. The bodies manufacturer by Leach that the Cityof f Dentonoperated has o a ten and in the past (12-15 years ago) were of very poor quality unacceptable dependability level. The Leach has changed hands Body Distribution several times in the past few years. This creates a concern about parts and service availability, we have also been unable to find any other municipality in the DJFW Metroplex Area nit savings $245. 1 per unit offered by IDS would be the best buy for he City of this on even p } Denton even if they were in full compliance with specifications. The Purchasing Staff, Fleet Operations and Solid Waste Division concur in our recommendation. We will however, continue to monitor the Leach Body and its development in the market place. Jarvis Fleet Supervisor. Jack J Sheets Memorandum from BACKGROUND: Tabulation PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Solld Waste Residential Collection, Fleet Operations FISCAL IMPACT: These two units will be funded from 1993-94 Certificate of Obif on Funds for vehicles and equipment purchase, Account Number #724-025- C094-9104. $150,000.00 was set aside for this acquisition. Resp tfully su ted: to . Harrell City Manager s' . Name: Tom D. Shaw, C. P.M. Title: Purchasing Agent ID # 1636^ BID NAME REAR LOAD REFUSE SOUTH- MAHANAY SOUTHWEST METRO WHITE IND TRUCK WESTERN INTL INTL FORD OMC DISPOSAL OPEN DATE JUNE 16, 1994 EQUIP SUPPLY # QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR ' VENDOR VENDOR 1. ! REFUSE TRUCK $77,687.00 373,580.11 $74,100.00 $75,995.00 $74,290.00 $73,335.00 DIESEL POWERED, 25 CUBIC YARD REAR LOADING TRUCK CAB/CHASSIS: GMC INTL INTL FORD GMC GMC REFUSE BODY: GOLIATH PACKMOR PACKMOR GOLIATH PACKMOR LEACH i DELIVERY 120-150 90-210 90-180 90-145 120 ISO NET 10 f I i co 1 1Q1' r vw~ , r ~i ~andaNo ~~l agendaitem S, 4ale 5. CITY of DEMTON# TEXA$ MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 7620f l1sEMORANDUM TO. Tom Shaw, Purchasing Agent FRO 4, lack Jarvis, Fleet Superintendent DATE; tune 28, 1994 ' SUBJECT: REAR LOAD REFUSE TRUCKS -BID N1636 The lowest bid on these units is from industrial Disposal Supply, at a cost of $73,335.00 each. areas. The bid asks °or however, these units do not completely meet our specifications in two specified 48 Gl'M hydrau,ic " diameter on t he sweep cylinder and vendor offer Sa" • a 6 no also critical areas, but they are not pump pressure and vendor offers 42 GPM. These y within our specs. this line for 2 } Another area of concern is the supplier of these units has only been carrying . This could cause a parts availability problem, creating more down time on the units months. base the next lowest bid, which is Deton to nc ¢with pacckkmor Body. We have 6 of these units I feel it is in the, best interest of the CitY Of only $245.00 hiher, Mahanay and cylinders for these units. I feel that it our We stock I already in our feemore of the same because of compatibility of parts and familiarity of advantage to purchase service procedures. at a cost of My recommendation is to go with Mahanay international with Packmor Body $73,580.11 each. Total for 2 units is $147,160.22. j 8171566.8200 D/FW METRO 434.2529 i CITY- COUNCI O~c + oa ~ Ar0t~ to I 0 •`t0■ It O~~O G i ApeadaNo o Ap9Adblt Date_ vpi ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bic! proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:1 SECTION 1. 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 bide: r BID NUMBER CONTRACTOR AMOUNT 1632 DICKERSON CONSTRUCTION $933,439.75 ~J 1633 SUNMOUNT CORPORATION $970,261.25 1634 H.P. ENVIRO VISION INC. $ 19,998.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. f 1 4genda►tem We SECTION IV. That upon execution of and contracts for the publics competitive bide and the works and improvements as authorized herein, the City council hereby authorizes the expenditure of funds in the manner and in the amount as specified in suet approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. 1994. PASSED AND APPROVED this the day of , BOB CASTLEBERRY, MAYOR ATTESTO JENNIFER WALTERS, CITY SECRETARY s BYO APPROVED AS TO LEGAL FORMO DEBRA A. DRAYOVITCHi CITY ATTORNEY BY % 4 ,~gendaNo 9~ 2 Agendaltem Date 'S' DATE: JULY 5, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Merrell, City Manager SUBJECT: BID # 1632 - UPGRADE WATERLINE-(SYCAMORE 20" WATERLINE) RECOMMENDATION: We the amount of i93bid e awarded to the lowest bidder, Dickerson SUMMARY: The 1991 Upgrade Waterline (Sycamore Waterline) project consist of and R oHi hland approximately 8927' of 20" waterline running from McKinney ed toailroad to Denton's and Ave A. This project is the first of four projects the town side of s peak transmission capacity from thwthscontin es on the west side it quires'higher anday approaches (30 MGD) fill and grohigher pressure to to fill the tanks at night. Pressure requirements could reach 150 will increase cost are wAde. This high PSI by 1998 inif no crease improvements and could damage private property mainb The project as bid is $409201.00 over budgeted due to asphalt prices increasing from hlowever,u$977foot to $2.00 ,00000 is available allowing for sufficientft nding to the bid price, t BACKGROUND: Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Denton j Municipal Utilit es and D ekerson Construction. FISCAL WACT: Funds for this project will come from 1991 Waterline Upgrade ClP Account Number if660-081-RR87-R106-9138 $101,874.00 11565.75 {660-081-RB89-R106.9138 $83 _ ,439.75 933 Resp ully sub t d: o V. Harrell City Manager A roved: Name: Tom h w, C.P.M. Title: Purchasing Agent so~.~oama :t A • 632 BID NAME 1991 UPGRADE LINDER- PATE BROS MOSS J.C. J.F. WATERLINES STAHL CONST CONST CO EVANS CLACK PEN DATE JUNE 2, 1994 CONST INC 0- CITY DESCRIPTION VENDOR— VENDOR -VENDOR VENDOR VENDOR TOTAL 810 PRICE $1,012,039.00 $954,212.86 $1,658,237.00 $1,846,719.00 $999,281.00 BOND/CASHIER CHECK YES YES YES YES YES BID # 1632 ID NAME 1991 UPGRADE LARRY H. ATKINS CIRCLE C DICKERSON WATERLINES JACKSON BROS CONST CONST PEN DATE JUNE 2, 1994 CONST CO TOTAL BID PRICE $1,148,814.76 =1,270,6111.10 $1,319,782.60 $933,439.76 BOND/CASHIER CHECK YES YES YES YES f j Ape Ot A J, : I JLN-27-194 MON 11:54 ID: 1TY OF DENTON UA TEL N0:817-566-8120 01995 p82 . -C i2 Agendahlo. Ageqd Item Date " Sq PUB MINUTES Excerpt 6120/94 CONSIDER APPROVAL OF SIDS FOR CAPITAL IMPROVEME'.fFS PROJECT 41632 -1991 UPGRADE WATERLINE (SYCAMORE 20: WATERLINE) 4b). After extensive discussion and background information provided by Lee Allison . fijW made a motion to approve the bid as presented. lea seconded the inotica. All ryes, no nays, motion passed unanimously. r i j J; I ~ 1 AN 27 194 10:55 try OF rewoN lq PROE.002 4 J f ~gendaNo Q~~ Agentlaitellt~~~~ b 1 DATE: JULY 5, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1633 - RYAN ROAD PAVING AND DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Sunmount Corporation in the amount of $9709261.25. IF SUMMARY: This bid is for the Ryan Road Paving and Drainage project consisting of approximately 4400' of storm sewer and 30,000 square yards of asphalt paving along with other related labor and supplies. The project location is from FM 1830 to FM 2181. Based upon our -calculations there is approximately $1,010,000 available for construction bringing this project under budget by approximately $39,738.75. Completion Is expected In ninety five work days. 1 BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, En veering and Transportation Division and Sunmount Corporation. FISCAL IMPACT: Funds for this project will come from Account Number #412-020- RYAN-9105. Resp fully su d: rrr L1 rd V. Harrell City Manager Approved: ~ $l w Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent 002.AUCA i !j E F 1 i r. , i I i D 1633 BID NAME RYAN ROAD M-CO JRJ SUNMOUNT JAGOE PAVING 8 DRAINAGE CONST PAVING CORP PUBLIC OPEN DATE JUNE 2, 1994 S o ~f 7ADD'L SE BID PRICE $1,235,784.61 $1,155,298.90 $916,943.75 $969,819.18 CASHIER CHECK YES YES YES YES ONCRETERIP RAP $58,900.00 $73,935.00 ,;;35,650.00 $43,942.50 ALTERNATE BID $1,282,129.61 $1,229,233.90 $970,261.25 $1,025,639.26 r f r t r 0 I t 1 E AoendaNo iz Agandatt Date, i a gendaNo ~ ~genOalt -S kFIP p~tt 00~ DATE: JULY 5, 1994 CITY COUNCIL REPORT TO: Mayur and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID f 1634 - ASBESTOS ABATEMENT ELECTRIC PRODUCTION PLANT RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, H.P. Enviro Vision Inc. In the amount of $19,998.00. SUMMARY: This bid is for a blanket order for asbestos abatement services to be performed as requested at the Electric Production Plant. The removal and abatement of asbestos containing material (ACM) is required to access turbines and boilers for service. The Spencer Generating Plant incorporates use of high pressure, high temperature boilers and turbines in the production of electricity. The high temperature components are encased with insulating material, much of which has been identified as asbestos containing material. Removal of the ACM is regulated requiring specialty apparatus, training and certification. This contract provides for ACM removal services as needed and requested. Areas likely to req~dre service include: Feedwater Heater 5-3 ant' 4-3 as well as Unit Three Feedwater Regulating Valves. BACKGROUND: Tabulation Sheet } PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Electric Utility, Electric Production Division. Funds for this contract will betaken from 1993-94 budget funds, FISCAL QdpACT: Account Number #810-101-1011-5120-8359AC with a balance of $83,418.66. 4dResp ully sub d: arrell City Manager Approved: Name: Tom -D. Shaw,C.P.M. Title: Purchasing Agent SOL1.~A 1 BID -d1634 AL BID NAME ASBESTOS ABATEMENT L.A. WESTERN H P LONIOND ELECT PROD. PLANT ENVIRON- ENVIRON- ENVIROVISIPEN DATE MAY 31, 1994 MENTAL MENTAL INC. NC SERVICES R # p D[~ 1. 200 HR SUPERVISOR $45.00 $34.00 $35.00 (16.50 IA. 10 R SUPERVISOR (OVER 10 HR DAY) $45.00 $39.00 $40.00 $49,00 2. 600 NR ABATEMENT TECHNICIAN $40.00 $28.50 $30.00 $39.00 2A. 20 HR ABATEMENT TECH $48.00 $32.S0 $36.00 $42.00 (OVER 10 HR DAY) 3. 200 HR ABATEMENT TECHNICIAN $45.00 $32.00 $35.00 $42.00 , CUTA WELD 1A. 20 HR ABATEMENT TECH $51.00 $36.50 $45.00 $45.00 l (OVER 10 HR DAY) 4. 20 EA MOBILIZATION $200.00 $350.00 $150.00 $850.00 I S. 80 CY DISPOSAL $30.00 $21.00 $26.00 $28.00 6. 200 HR AIR MONITORING TEC17 $30.00 $29.50 $35.00 $32.50 j 6A 20 HR AIR MONITORING TECH $32.50 $39.50 $40.00 $35.00 (OVER 10 HR DAY) 7. 100 EA BULK SAMPLES ANALYSIS $15.00 $15.00 $15.00 (15.00 1 S. 1 EA CAFFOLDINO,PER TIER,PER OCC $150.00 $20.00 $50.00 $55.00 g, 1 EA CONTRACTOR SUPPLIES TORCH $50.00 $150.00 $100.00 $150.00 TOTAL $59,610.00 $49,500.00 $48,950.00 $71,965.00 I z 1 ~ 6 I ~ b ~t i wCITY~~ NCI U -NCO i % ~ NA 4. O 4 1 $Q. r i t i Ago O% g- 0621 ~Oe~~2!le~C We - 07 -y CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROMs Lloyd V. Harrell, City Manager SUBJECT: CONSIDER APPROVAL OF A CONTRACT WITH ADS ENVIRONMENTAL SERVICES, INC. FOR SMOKE TESTING Al%TD PROFESSIONAL ENGINEERING SERVICES FOR PW AMOUNT NOT TO EXCEED $146,000. RECOMMENDATION: The Public Utilities Board, at their meeting of June 20, 1994, recommends approval of the above referenced contract. SUMMARYr r Four firms submitted proposals to perform smoke testing in the Cooper Creek basin. The Utilities Department selected ADS after interviews, review of s:ibmittod :materials and reference i checks. BACKGROUND: t The Utility Staff has determined that there is a significant amount of Inflow/Infiltration (I/I) in the Cooper Creek basin. This contract will identify sources of I/I, evaluate repairs on an cost effective basis and incorporate this information into our comCutcr programs including GIS. Our goal is to reduce the need to expand our wastewater plant and/or enlarge our collection system and to eliminate any potential sewer overflows. PROGRAMS, DEPARTMENTS OR GROUPS AFPECIED: Citizens of Denton, Denton Municipal Utilities and ADS Environmental Services, Inc. FISCAL IMPACTS The Capital Improvement Plan includes $150,000 for I/I studies. The cost of this project is $146,000, which is $3,200 under budget. i RESPE, FULLY SUB ITT i J 41-yd V. Harrell, City Manager 1 E Benda No u agendattem Page 2 AtA ' 2 mks' Prepared by: 0& K - Lee K. Allison, Director Water Engineering and Operations Approved by: R.E. Nelson, Executive Director Department of Utilities Exhibits: I. Ordinance II. Contract jj III. Excerpt of 6/20/44 PUB minutes t s 1 1 4. I ,J 1 i ~ tr- 3 F Y L f e Y t Q K igendaNo rul CQ Igendaltem rate 7' 3o ZS PUB MINUTES Excerpt 6/20194 CONSIDER APPROVAL OF A CONTRACT WITH ADS ENVIRONMENTAL SERVICES, INC. FOR SMOKE TESTING AND PROFESSIONAL ENGINEERING SERVICES FRO AN AMOUNT NOT TO EXCEED 5146,000. 5). After extensive discussion and background information provided by Jerry Cosgrove and Lee Allison. Copleo made a motion to approve the contract as presented. Thompson seconded the motion. All ayes, no nays, motion passed unanimously. i r i I i ' i 1 t` AundaHem IRtP --7,S-C? q v~2S ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ADS ENVIRON- MENTAL SERVICES, INC. FOR PROFESSIONAL ENGINEERING SERVICES: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute, on behalf of the City, an agreement between the City of Denton and ADS Environmental Services, Inc. for professional engineering services, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds in the amount of One Hundred Forty-six Thousand Eight Hundred Dollars ($146,800.00) is hereby authorized. SEC'T'ION IV. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. r, I i BOB CASfLEBERRY, MAYOR ATTEST; JENNIFER HALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY BY-. a;rllbivl, ~~~r renaa~l m ,S ZS AGREEKENT BETWEEN THE CITY OF DENTON# TEXAS AND ADS ENVIRONMENTAL SERVICES, 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 ADS Environ- mental Services, Inc., a Delaware Corporation, acting herein by and through its duly authorized president, hereinafter called "Engi- neer." 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 do hereby covenant and agree as follows: SECTION I - SERVICES 01 ENGINEERi The City hereby contracts with Engineer as an independent con- tractor, and Engineer hereby agrees to perform, within the profes- sional standards normally accepted in the State of Texas, profes- sional services associated with individual assignments as agreed in writing in connection with smoke testing services as set forth in Attachment "A", attached to this document. SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICESI t Engineer shall: 1. Provide above ground reconnaissance and map update. j 2. Provide manhole inspections of approximately 639 manholes. J 3. Provide smoke testing of approximately 275,000 linear feet of sewer line. 4. Provide analysis of defects. 5. Provide cost effective analysis. 6. Provide 5 copies of the draft report and 20 copies of the final report. Engineer shall provide these services in accordance with the provisions of Attachment A (pages 1 through 5), which is attached hereto and incorporated by reference herein. I III aenaw j b e %aendaltert► q1P ~ h Fngineer agrees to commit the personnel to each assignment as necessary in order to complete the assignment in an expeditious manner. Engineer shall advise City as to the necessity of city's pro- viding or obtaining from others special services and data required in connection with the Assignment at City's cost and uxsuch esand may act as City's representative in connection with any vices of others. warA.c It is understood that this Agreement contemplates neces- all changes an complete engineering services including any sary to complete the Assignment as outlined in the Scopst of Ser- vices. Nothing contained herein shall be construed as authorizing additional fees for services. Engineer acknowledges by the execution of this Agreement that all contingencies known to Engineer and City at the date of this Assignment have been included einsthe maximum fee estimate. the Engineer agrees that engineering services will be managed and performed in its Dallas office. SECTION III - SPICIRL SERVICES OF ENGINEER: If authorized in writing by City, Engineer shall furnish or r obtain from others Special Services necessary to complete the assignments. These services are not included as part of Basic Services outlined in SECTIN shall pay Ifor these Special Services as ENGINEERERIS S SERVICES. City Indicated in Section V. SECTION IV - CITY'S RESIIONSIBILITIESs The City shall: 1. Assist Engineer in obtaining existing studies, reports and reports pertinent and tdata tas other Assignment available and in t obtaining services others required. make all 2. Upon reasonable notice, arrange for access and pro to property provisions for Engineer to enter upon public as may be required for Engineer to perform services hereunder. 3. Designate in writing qualified person who will act as City's representative with pt receivingnminformation, purposes of transmitting Instructions, interpreting and defining city's policies and decisions with respect to Engineer's services. PAGE 2 i I P"WaNo. Agenda!tvr a`S Date :j7, 7 ~ a. Furnish as required by the work and not at the expense of ADS Environmental Services, inc. the following items: a) all reportsm and other ndata rrequest d by Engineer s that annual may be available thin the e work files involved under ttis a contract. useful i b) access to public and private property when required in performance of the services to be rendered by ADS. c) the services of at least one of the City's employees or staff, if needed, who has the right of entry to, and who has knowledge of, the existing sanitary sewer system and wastewater and force mains, wastewater pump stations treatment facilities. d) hall, meeting room, or auditorium space for public for the such audio hearings e hearings and/or equipment presentations, required and and or presentations. e) transport and treatment costs for inflow and infil- tration for use in the Source Defect Analysis. Consul- taint will install any clean out caps necessarl during field inspection. f) water needed for cleaning lines prior to internal T.Y. inspection, if required. q) facilities for dumping materials removed from Collection system during field inspection activities, if required. in pipes assistance during ifield inspection services, if required. 5. Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reason- able time. 6. Examine all studies, reports, sketches, drawings, Speer, fications, proposals and other documents presented by obtain advice of an attorney, insurance counselor and other con- sultants as it deems appropriate for such examination and render in delay the services pertaining f Engineer. a reasonable time so as writing decisions not to 1. Provide such legal and accounting services to City as may be required for the Project. ?AGE 3 j A$endaNo AgendalleM Gate 7-5- 8'9 .5 SECTION V - COMPENSATION TO ENGINEER: The total compensation for all of the Assignments to be per- formed by, Engineer as described in o II 6,800. O EXTENT OF ENGINEER'SSE VICES hereof shall not exce d CHARACTER Engineer shall be compensated as listed below and as outlined to Attachment B: 1. City shall pay for mobilization and project administration as .t lump sum of $7,345.00 after performance of the project has commenced. 2. Basic Services - City shall pay for field inspections on the bask of each inspection. Above ground reconnaissance and map each of linear be paid h basis oot smoke n inspection will for on foot testd Manhole manhole inspected. 3. Basic Services - City shall pay for engineering analysis and report at Engineer's hourly rates and multiplier up to a made in multipliers maximum shall applicae are listed on W.achment Bl dance with Section VI. 4. Additional Special Services shall be charged as outlined in Attachment B. The City and Engineer shall agree on the Scope and Compensa- tion for the performance of Special Services prior to the commence- ment of such Special Se Aces. For Special Services performed under Section 111, The City shall compensate Engineer at the same rates and methods as outlined in this Section V. SECTION VI - METHOD OF PAYMENTS The City shall pay Engineer monthly on the basis of statements prepared from the books and records of account of Enginaer, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of Engineer. Payment according to statements will be subject to certification by the performedrized representa- Executive ths Utilities been e properly duly tives If that such work City fails to make any payment due to Engineer for services within sixty days after approval of Engineer's statement thereof, the amount due Engineer shall include a charge at the rate of 1.0 percent per month from said sixtieth day, and in addition Engineer may, after giving seven days written notice to City, suspend ser- performede been paid in full all ns Agreement until properly Engineer vices amounts due for services PAGE 4 R AAer~daNo qq Ageodalle~~ I Date~ Engineer shall mail monthly invoices to: The City of Denton Engineering Administrator Attn: G. Cosgrove, P.E., 901-A Texas Street Denton, Tx 76201 566-8453 Telephone Number (817) SECTION VII - TIME SCHEDULE OF ENGINEER'S BERVICESI Engineer shall initiate work prescribed hereunder immediately City Of upon the execution of this Agreement and upon issuannceCbyschedule a Notice to Proceed. Engineer shall follow the projet weather outlined Aerf rm the ' deendent hereincondInitions 180 calendar nays shall l perform days. Any request for special services shall be submitted in suf- ficient time to allow for completion of services within 270 days. SECTION VIII - TERMINATION: The City may terminate this Agreement at any time and for any cause or no cause by notice in writing to Engineer. Upon receipt inue of such notice, Engineer shall immediately discont the enteringallintoservice cons and work and the placing o•• proceed to cancel for supplies, assistance, facilities and materials in con- nection with trinsofar as theylare charge- able ncel promptly y all existing contracts able to this Agreement. if the City terminates this Agreement under the foregoing paragraph, the City shall pay Engineer for services properly P les such shall besbased formed in accordance rmade. Su h payme termination payments having been previously to the date of termination of the Agree- upon ment the work completed up in ac with the method of Sections VcandaVI hereof. Engineer shall also beo compensated for all termination related expenses such as meeting attendance, docu- ment reproduction, transfer of records, etc. Upon termination of this Agreement, Engineer shall provide lethe city eproduiprepar d completed this Agreement. P engineering documents SECTION IY - INSURANCES Engineer shall maintain statutory commercialcgeneraltioninity, ance coverage, employers liability, automobile liability, an erformancen oflservice; thensurance cove reunder in rthe during the period of p fallowing minimum amounts: PAGE 5 AgendaNo qu '0~ 1 A~enda~tam 34-1 pate b~. Engineer shall mail monthly invoices tot The City of Denton Engineering Administrator Attn: G. Cosgrove, P.E., 901-A Texas Street Denton, Tx 76201 Telephone Number (817) 566-8459 SECTION VII - TIME SCHEDULE OF ENOINSERIS SERVICESI Engineer :balk initiate work prescribed hereunder immediately reement upon the execution . tE gineer shallAfollownthesprojectyschedule a Notice on Proceed. outlined on ethe deendent herein int18ions 0 calendar deer shall perform days. Any request for special services shall be submitted in suf- ficient time to allow fcr completion of services within 27o days. SECTION VIII - TERMINATIONI and for an The city may terminate this Agreement at any im Upon receipt cause or no cause by notice in writing to Engineer. scontinue service of such notice, Engineer shall al rderslor the enters g Tinto con- and work and the placing of roined to tracts for supplies, assistance, facilities and materials n con- nection with the performance of the Agreement and shall p cancel promptly all existing contracts insofar as they are chargn- able to this Agreement. foregoing if the City terminates this Agreement under the fo gper- paragraph, the City shall pay Engineer for service, properly ions les such forded in accordance herewith prior ad e. Such payments shall besbased payments having been previously ree- upon the work completed up to the date of termination of the Ag in ment in accordance with the met eer shall also compensation compensated for Sections V and VI hereof. tinsels such are meeting attendance, docu- all termination related expenses ment reproduction, transfer of records, etc. the teriinatble icopiestofs all ecompletedgorepart ally rcompleted city p engineering documents prepared under this Agreement. SECTION II - INSURANC51 Engineer shall maintain statutory ork is compensation insur ance coverage, employers liability, automobile liability, anerformancenof lservices thereunder oinrthe nsurance folduringlowing th minimum amounts: PAGE 5 Ageida No R AgendV "R #_f oate_ ZS- I 5 LIMITS OE LIABILITY A. Worker's Compensation Statutory Employer's Liability $10000,000 B. Commercial General Liability (including Contractual Liability): Bodily Injury ) $1,000,000 combined single limits for each Property Damage) occurrence or aggregate C. Comprehensive, Automobile Liability (owned, Hired, and Non-owned Vehicles): Bodily injury ) $1,000,000 combined single limits for each Property Damage) occurrence or aggregate D. Professional Liability $1,000,000 annual aggregate Engineer shall furnish City insurance certificates to evidence such coverages. The certificate shall contain a provision that such insurance shall not be canceled, without 30 days prior written notice to City. Engineer shall name City as additional insured on policies described in subsections B and C above. SECTION 2 - INDEMNIFICATIONS I r Engineer agrees to defend, indemnify and hold City, its of- ficers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (inclu- ding death), property damage or other harm for which recovery of damages is sought that may arise out of or be occaoioned by Engi- neer's intentional or negligent breach of any of the terms or pro- visions of this agreement, or by any other negligent act or omis- sion of Engineer, its officers, agents, associates, employees or subconsultants, in the performance of this agreements except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Engineer and the City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paraqraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. PAGE 6 . _ A~gndaNo. '7 rD0„ t _ ' Apea0alte rs~ Date Ir a S SECTION It - NO THIRD PARTY BENEFICIARIES: There are no third party beneficiaries of this agreement between City and Engineer and no third party shall be entitled to rely upon any work performed or reports prepared by Engineer hereunder for the purpose whatsoever. SECTION III - RIGHT TO AUDITS Engineer agrees that the City a undern this Agreamentiohave three (3) years after final payment rectl ertine books, access to an ers andhrecordsaofnEnginee dr involving transactions p shall documents, pad relating to this Agreement. Engineer agrees that the City have access during normal working hours to all nece sary Engineer facilities and shall be provided adequate and appropriate space in order to conduct audits in compliance with the provisions of this section. The City shall give Engineer reasonable advance notice of intended audits. SECTION IIII - SUCCESSORS AND ASSIGNSS The City and Engineer each bind themselves' t eirts ccessors to this Agreement and - and assigns, to the other party cessors and assigns of each other party in respect to all covenants of this Agreement. SECTION IIV - ASSIONXENT1 sublet or transfer its Neither party hereto shall assign, interest herein without prior written consent of the other party, and ahereof withoutss ch prior written con sent shall be voids any part ~J SECTION IV - INDEPENDENT CONTRACTORS Engineer shall perform all work and services hereunder &a or independent contractor, and not as an officer, agento servant employee of the City. Engineer shall have exclusive control of, and the exclusive right to control the detailsaof the work per- formed hereunder, and all persons solely and responsible the acts and thing herein sshall be iconstrued sae agents and employ or joint venture between the City and creating a partnership agents and employees, and doctrine of Engineer, its officers, respondent superior has no application as between the City and Engineer. i PAGE 7 ti ApenOaNo. ASenda~t Date 214e-1 sICTION ZVI - NOTICE., Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Engineer or city, as the case may be, at the following addresses: CITY CONTRACTOR City of Denton, Texas ADS Environmental Services ATTN: City !tanager ATTN: Gary Wood 215 E. McKinney 10715 Plano Rd., Suite 200 Denton, TX 76201 Dallas, TX 75238-5332 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. sECTION ZVII - VENOEs Venue of any suit or cause of action under this Agreement shall lie in Denton County, Texas. IN 7E8TIXONY HIRIOT, the parties have executed the Agreement, this day of 1994. This Agreement is executed in two (2) counterparts. f CITY OF DENTON, TEXAS i Bob Castleberry, Mayor ATTEST., Jennifer Walters, City Secretary ' By: APPROVED AS TO LEGAL FORM: Debra A. Drayovitch, City Attorney By: I PAGE 8 r J-u a t } Y • d 1 i AgendaHc. ~ ' AQ9n~d1lsm ~ D 19 113 ADS Environmental Services, Inc. it i Title: ATTEST: By: 1 I s ~~voasvcuos i PAGE 9 1 4LG ~gendaNa.~ ATTACHMENT A Agendalteq Date 1-` SCOPE OF WORK I CITY OF DENTON • COOPER CREEK SEWER BASIN Mobilization and Project Administration Upon receipt of a Notice to Proceed, the ADS will schedule field personnel, mobilize the project team and arrange for a formal project ldck-off meeting with City staff. This meeting will estabilsh the lines of communication between the City and ADS and will provide input regarding historical information as it relates to the current project soope. Preliminary information to be obtained from the City may include, but not be limited to, reports o, previous studies, collection system maps, and historical water usage and treatment plant records. Previous reports will be reviewed to provide a better understanding of historical conditions in the wastewater collection system. e field staff will have weekly meetings. A total of two presentations to City staff and the PUB or City Council will be given by ADS. A. BASIC SERVICES - FIELD INSPECTION ($111. or $/each) Above Ground Reoonnalssance & Map Update This data will supply background base data to be used during the collection system analysis. All manholes in the collection system will be located for the purposes of map updates. The City will provide reasonable assistance where required. Where dlscrepaneles are encountered between the field and existing maps, the field blueline maps will be updated to reflect y,e system geometry. Any lines observed In the field, but not shown on the map will be traced and presented on the final map drawings predated. The result of the e collection above 'I th Inspected, documentation of observed defects d blauel neon of 'update. map Manhole Inspection This data will supply background base data to be used during the collection system analysis. Field crews will perform visual manhole and pipe inspection on each manhole in the study area The manhole and each pipeline entering the manhole will be inspected with the use of a strong artificial light or reflected sunlight. Thirty-five mllimete, time and We stamped color photographs for each manhole will be taken to record the conditions encountered. The following data will be recorded on computer forms for each manhole Inspected. May 31,1994 i +I? E'f:G:r.P0,TF_ _1= 4- 1'. ei ?1 i?r:a +genlla yo AgeNaltem rkte z • Manhole identification (miinlenance numbers) • Construction materials and conditions of covers, rings, walls, steps, aprons, etc. • Manhole depth and opening size • Number and size of holes in manhole uuver • Identfication of infiltration sources • Evidence of leaks and location • Level of high water mark in the manhole • Type and depth of debris • Special problems and Conditions, such as sources of inflow, overflows, bypasses, manholes located In natural ponding areas, etc. • Size, type and depth of pipe • Evidence of root intrusion • Condition of pipe connection at manhole (i e, dropped joints, cracks or other obvious defects. • Dishes (pans) Installed 0 Adjustable metal grade rings During all phases of this project traffic control procedures will be used as required for public safety. Traffic disruption will be kept to a minimum. I All defects iocated during the manhole and visual inspection are Input into a software program for analysis. Each defect will be quantified, and a cost-effectiveness analysis undortakan to establish if repair is wanWed. A priority listing of defects will be developed along with recormtertded rehabilhation methods and cost estimates. All manholes Wthln f the study will be inspected. OSHA approved Confined Space Entry Procedures will be followed at all limes. Violati" of these procedures will subject ADS to a first time warning by the Cfty and possible termination of the contract for any violations thereafter. Smoke Testing This portion of the field Investigation will identify those sections of the collection system which have structural defects and experience inflow during periods of rainfall. Rainfall simulation tests Include, txA are not limited to, dye tests, water flooding and smoke testing. Smoke testing tnciudes the simultaneous testing of mains, laterals, and house services. X Wil be very effective in the detection of most sources of inflow and restrictive conditions existing In the tested lines, Thirty-five miillmeter tirne and date stamped color photographs Will betaken of every located problem and referenced In the final computer printout as an aid in rehabilitation. A schematic drawing giving explicit directions for locating each problem will be included. Each located problem will be referenced to at least two 2 May 31, 1994 X1:6 Erf~iFOt.`£tTH'_ --.:-1=- 1'.-:;3; I'_, ] !t8pp~af~0. - r Ageridaltem S- tr . Date J,6o?4 W permanent statlonary points. The field form used will be combined such that all field work (i.e., physical survey anti smoke testing) will be presented on the same form. All smoke probloms will be quantfied by giving consideration to the surm, ending area contributing to the problem, and the size and density of the smoke encountered. The City will provide reasonable assistance regarding pipe locations if necessary. During the smoke testing phase the location of craws will be communicated to the fire department and City staff each day prior to commencing the tests. Smoke testing "Notice to Residents" will be distributed prior to testing. Any located missing clean-out caps will be replaced during the smoke testing activity. Location of missing clean-out caps will be documented on the field forms. Total linear feet surveyed for pay purposes witl be based upon field determined quantities. B. BASIC SERVICES -ENGINEERING ANALYSIS, AND FINAL REPORT (Cost Plus Multlpller) Source Defect Analysis Each defect identified during the field testing will be quantified by taking Into consideration the type of defect and tributary area. Once all defects with a sub-basin are quantified, a f comparison will be made between the flaws as quantified during the physical survey tasks and Howe measured by the City during flow monitoring. This comparison will establish the remaining untocated Ill for each basin. t. The ADS PIPE* Physical lrnentoryEoirASource Evaluation) software will be used to Inventory and prioritize each defect. 2. All identified Ill, structural and maintenance defects, and physical data collected during the manhole Irupection and smoke testing will be inventorled, analyzed and prioritized. The evaluation model offers rehablktation recommendations by comparing repair options to transportRreatment. 3. Defects will be ranked by the severity of the problem. 4. The private sector contribution of VI will be, quantified. An estimated break down of the percentage attributable to service line defects will be provided. Recommendations for corrective action will be made. 5. Output reports will include a summary of all field activities, results of the cost- effective analysis, and the recommended Improvement plan and associated costs. 3 mayat,1M `V*da No Agendaltem Date 911~ 6. Project tracking form will be provided based C upon length of pipe surveyed and potential gallons of III removed Cost Effective Analysis A line segment will be termed "cost effective" for subsequent rehabllitatlon when the cost of rehabilitating an amount of extraneous flow is less than the cost of transportation and treatment of that extraneous flow. The cost analysis involves the following exercises; • Assumption that all overflows must be corrected • Cost of rehabilitation for each problem line segment 0 Cost of transportation and treatment of extraneous flows (based upon marginat costs approved by City staff) • Comparison of the cost of rehabilitation versus the cost of transportation and treatment In order to determine if a fine segment should be rehabilitated, ft will be necessary to select the rehabilitation method and estimate the cost. For each located problem, ADS will provide a recommendation regarding a method of rehabilitation, estimates for Its associated cost based on local constmdPon costs, and the estimated percentage of infiltratioMriFlow removal. These recommoriations will then be entered directly into the computer program. The computer program will rank the leak source by priority number. This number will be obtained by dlvldkV the cost of transportation and treatment by the j estimated rehabilitation cost. if the transportation and treatment cost for a particular 4 problem Is greater than the estimated rehabilitation cost, the leak source wUl have a J priority number greater than one, and the problem will be cost effective to rehabilitate. If the priority number Is less than one, the problem will not be cost effective to repair. Example: Cost of Transoort/Treatment Cost of Repair > 1.0 (Cost effective to repair) < 1.0 (Not cost effective to repair) Final Report Following tho completion of field activities, a draft report will be presented. This comprehenalve report will provide a summery of all field activities. A priority ranking of each system defedwill be presented along with the recommended method of rehabilitation 4 May 31,1994 E14 04PUJRL t -=a? ::<a:: r : a~ txpsnAaNa, Aygendaltertlegs Date and associated cost. Each defect will be quantified and a flow balance undertaken. Supporting data will be presented. Thefinai computer output will be the rehabilitation summary shoals describing, by priority, tho location and description of each category of rehabilitation work and will be referenced + back to the field documentation/photographs. The defects database, updated maps, videotapes, and all field documentation will be presented in the final report. Five copies of the draft report will be delivered for review and comments. The City's review and comments will be incorporated and 20 copies of the Final Report and 3 sets of supporting appendices wltl be delivered. A performance evaluation will be performed and submitted separately. This performance evaluation will compare key bench marks of the project and provide a cause/erfect narrative. Some of the bench marks are as follows: Budget - proposed vs. actual • Schedule - proposed vs. actual • Additional services requested by Consultant • Additional services requested by OWNER • UnusuaVuncontrollable circumstances or omirrences affecting projed's timely completion and/or success • Extraordinary requests by the City ' The bene& to cost summary shall be prepared for the total project and also for each of the major rehabilitation activities. Project doIlverablas will include: • Collection System Inventory • Updated Field Maps of Collection System • Project Database • Prioritized InfiltratiorAnflow Reduction Plan and Estimated Cost • Recommendations for additional special services • Performance evaluation C. ADDITIONAL SPECIAL SERVICES Recommendations for any additional diagnostic testing of tho collection system will be provided. These may include T.V. inspection, flow isolation, dye testing, etc. In locations where defects are located on private laterals, a defect notification letter and a map approved by the City will be forwarded to the residents notifying them of the defect and InstniWng there to remedy the fault These letters will be mailed certified mail / return 5 May 31,1944 3 e r =Pn a alt Wte~s.~~, a receipt requested. One copy of the letter and map will be sent to the City of Denton and ono copy retained for ADS files. No letters will be sent without City authorization. t 1 i f i I 41 . May31,1994 3 a E r. spy EMJika.11~T 'cx :-LC-'a' as 1`_: °.C8i14 I ApWaNo ' i Apei:2005;T ATTACHMENT B Orate PRICE SCHEDULE CITY OF DENTON - COOPER CREEK SEWER BASIN Uescription Quantity Unit Cost Total Mobilization, Project Administration, Presentations (Attachment B.2) L.S. L.S. $7,345 A. BASIC SEWACES - FIELD INSPECTION Abovs Ground Reconnaissance 8 Map Update 275,000 I.f. $0.04A.f. $11,000 Manhole Inspection 639 each $55feach $35,145 Smoke Testing 275,000 IT $0.25A.f. 468,750 0. BASIC SERVICES - i ENGINEERING ANALYSIS AND REPORTS y Source Defect Analysis t (Att K*mnt B.3) 275,000 If L.S. $13,750 Final Report (Attachment B.3) L.S. L.S. $10,810 r; Total $148,800 C. ADDITIONAL SPECIAL SERVICES ` J Night Flow Isolation $1751each Dye Water Flooding S2251each ClearvTV $2.35A.f. Dye Testing with televising $175teach Defect Notification Letter $65/each 7 May 31,1094 Y 44 VIVIFC1J6eji w_ 1! :15 P. 09/14 AgwdaNo ~I`421 Apex Ut Date - ATTACHMENT 8.1 SCHEDULE FOR HOURLY RATES FOR ENGINEERING FEES* CITY OF DENTON . COOPER CREEK SEWER BASIN Employee Catogory &POrahtour ofessional ur ional ur r r echnician r r i 'rho individual hourly rates irvclude salary, over head and profit > NOTE: 1. Other direG charges, induding outside services, vvtll be charged at actual cost plus 10% 2. Hourly rates are based on a multiplier of 3,13 (benefits at .38, operating overhead at 2.75) 8 May m, 1994 i x y Err)IROfdVJPL 115-?4' -13' =.11"14 I AgefldaNo ~c~'o ApeAdalte Date 7 - ATTACHMENT S.2 a 'ZS-'pe PROJECT ADMINISTRATION/PRESENTATIONS COST BREAKDOWN CITY OF DENTON - COOPER CREEK SEWER BASIN I, SALARY COSTS EMPLOYEE CATEGORY HOURLY RATE TOTAL FLOURS TOTAL COST Supervising Professional $97.811hr 16 $1,564.96 Senior Professional $82,764v 24 $1,986.24 Project Manager $68.211hr 32 $2,118.72 Technical $54.171hr 12 $650.04 Clerical $34.61 fir 12 $415.32 Sub-Total $8,735.28 NOTE: Hourly rates are based on a multiplier of 3.13 (benefits at .38. Operating overhead at 2.75) 11. OTHER DIRECT CHARGES CATEGORY EXPENSE MARKUP TOTAL COST Printing $200.00 1.1 $220.00 OVwMiscellanews. $150.00 1,1 $165.00 Sub-Total $385'00 " TOTAL $7,345.00 g May 31, 1994 .BLS C'1l;i Of f7.Tr' "a C? 1/, ageadaNa Ag"daltems,- ATTACHMENT B.3 Date fLS SOURCE DEFECT ANALYSIS COST BREAKDOWN CITY OF DENTON - COOPER CREEK SEWER BASIN OW I, SALARY COSTS EMPLOYEE wgTEGORY HOURLY RATE TOTAL HOURS TOTAL COST $2,668.32 Senior PnAe"- Icm^ai $82.70r 32 Technical $5417lhr i50 $8,125.50 Clerical $34.61Ihr 48 $1,661.28 Sub-Tote{ 312,435.10 NOTE: Hourly rates are based on a multiplier of 3.13 (benefits at .36, operating overhead at 2.75) it. OTHER DIRECT CHARGES t CATEGORY EXPENSE MARKUP TOTAL. COST $500.00 1.1 x550.00 printing 1.1 $550.00 Ottvs fAs us $500.00 $1 Sub-Total ,100.00 $13,750.00 TOTAL 10 May M.1994 i I i . 7- -44 1~ 4 ~gendaNo. I Agendallem ATTACHMENT D.4 We 1.5- a d~S FINAL. REPORT COST BREAKDOWN CITY OF DENTON - COOPER CREEK SEWER BASIN 1. SALARY COSTS EMPLOYEE CATEGORY HOURLY RATE TOTIHOURS Supervising Professional $97.81/hr 16 Senior Professional $82.76ftr 24 Data Analyst $54,171hr 16 2 Tectviiclan $54.171hr 60 0 CSerical S34.611hr 32 2 4 Sub-Total NOTE: Hourly rates are based on a multiplier of 3.13 (benefits at .38, operating overhead at 2.75) it. OTHER DIRECT CHARGES EXPENSE MARKUP TOTAL COST 51,200.00 1.1 $1,320,00 $500.00 1.1 $554.00 $1,670.00 $10,810.00 RTOTA5L; 11 May M. 1994 1 .A I ajVo,A4-t9Z1 /}o~enda I+9m Acc. -7-6-9q e;5 o~75 Attachment D - Project Schedule 1994 1995 Work Tasks July August September October NOVember December 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 4 111825 2 9 16 23 30 6 13 ti. Basic Servkes • Field inepectfon .1.. y 11 Above Ground ReoonnatsSarlce S Map Update MaMde Inspection Smoke Testing 1 - - € nal Is & Reports L Beeio 9ervkes • Eng. Afn _ _ - - - Source Defect Analysis Final Hepa1 Addtllonal SpeWaf ServlfPS - _ - . Ngl►1 Flaw IeOWC(t _ Dye Water FV;Tiv _ _ _ _ _ 1. _ e T v4h TbISYisirt9 _ _ - - - - - ' - Detect NolTicatn Lefler Project Sch4duleTdepndent - _ - r~ ' upon weather conditions , 14T. Wednesday, May 25, 1994 I i ~CITY~-~_ ,'COUNCI i i O ! ~D ♦ K/ A~ Mr O Q 4 04GL~ r r' ar~ CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM { t DATE: July 1, 1994 i Y TO; Lloyd V. Harrell, City Manager FROM: Kathy DuBose, Acting Executive Director of Finance SUBJECT: BUDGET AMENDMENT ORDINANCE The attached ordinance amends the 1993-94 Budget in the amount of $3,592,709. t This amendment is necessary because of unanticipated increases in the Garage, Warehouse and Electric divisions. I The Garage division of the Working Capital Fund has experienced a tremendous increase in sublet repairs for the current fiscal year. Major repairs include eleven 01) i pieces of landfill and electric utility equipment. These unusually costly repairs were for equipment critical in the daily operations of both divisions. An estimated $201,037 overage due to the inordinate repair cost for this year is anticipated. In a similar situation, the Warehouse has experienced a major acceleration of activity by the Electric, Water and Wastewater divisions. That increased activity is caused by numerous construction projects. These projects include Forfestridge Il, Southridge Oaks, Country Club Estates, Applebees, and Braums and have generated a tremendous increase in inventory purchases. An estimated $991,672 coverage is anticipated due to this activity. Because both the inventory and sublet repairs are internal service operations, any F' increased expenditure will have an offsetting revenue coming into that fund. The Electric division has experienced additional gas purchases necessitated by energy E growth, increase in gas costs and the operation of the Spencer unit for a longer duration over what was anticipated due to toe new Brazos combustion turbines not coming up to full production when expected. An additional $2,400,000 appropriation I j Iii 8171566.8200 D/FW ME IRO 434.2529 a I ~geftdaNa, ! Agendaltemi ' bete -7-5-%v fly F for gas purchases is needed for the 1993-94 fiscal year. Revenue generated from increased load and energy growth should offset the increased gas purchases. If you have any questions, please let me know. Mof AFFOOASA i i I i , r 1 I } I i 1 1 E.\IR00CS\0RD\6UDGE1AA.00 VsndaNo, Q u 4 O l• Agendallem 1 Date ORDINANCE NO. AN ORDINANCE AMENDING THE 1993-1994 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUMS OF $991,672 AND $201,037 FROM THE UNOBLIGATED FUND BALANCE OF THE WORKING CAPITAL FUND TO ACCOUNT NUMBERS 710-043-0582-8708 AND 710-025-0580-87101 RESPECTIVELY, AND BY APPROPRIATING THE SUM OF $2,4001000 FROM THE UNOBLIGATED FUND BALANCE OF THE ELECTRIC FUND TO ACCOUNT NUMBER 610-101-1011-5550- 8204; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on September 14, 1993, pursuant to ordinance No. 93- 158, the City authorized the appropriation of $4,099,616 to the Working Capital Fund and $68,982,000 to the Electric Fund; and WHEREAS, the available funds for expenditure in the Working Capital Fund are about depleted by reason of the purchase of materials, supplies and services for projects enumerated in the memorandums attached to Debra Drayovitch from Kathy DuBose dated June 21, 1994, June 22, 1994 and June 27, 1994; and WHEREAS, the available funds for expenditure in the Electric Fund are about depleted by reason of the purchase of more fuel than was projected for electric generation as described in the memoran- dum attached to Debra Drayovitch from Kathy DuBose dated June 28, 1994; and WHEREAS, Sec. 8.08 of the Charter of the City of Denton and 6102.009 of the Texas Local Government Code provide a governing body may authorize an emergency expenditure as an amendment to the original budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention; and WHEREAS, the City Council finds that the failure to expend the funds required for the projects referenced in the above memorandums would have created a grave public necessity and finds the Working Capital Fund and the Electric Fund should be reimbursed for the funds expended for such projects so that sufficient funds remain appropriated for the expenditure of funds necessary to purchase materials, supplies, services and fuels needed to reasonably meet the demands for such items for the remainder of this budget year; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: ,ECTION . That the Council hereby adopts the findings listed above. F r 5 I l I I~ tiQAA~aNO AgAndaltem Date-7 q SECTION II. That the 1993-94 Budget of the City of Denton, Texas is hereby amended by appropriating the sum of $991,672 from the unobligated fund balance of the Working Capital Fund to Account Number 710-043-0582-8708; by appropriating the sum of $201,037 from the unobligated fund balance of the Working Capital Fund to Account Number 710-025-0580-8710; and by appropriating the sum of $2,400,000 from the unobligated fund balance of the Electric Fund to Account Number 610-101-1011-5550-8204 to reimburse such accounts for the expenditure of funds required to purchase materials, supplies, services and fuels which were not anticipated prior to the adoptio,a of the 1993-94 Budget. SECTION III. That the City Secretary shall attach a copy of this ordinance to the 1993-1994 budget and publish a copy of this ordinance in the next issue of the Denton Necord-Chronicle. SECTICH IV. That this ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR x ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY : Jr O~~ L cc f PAGE 2 ~I +gendaNa..~~ + Agenda ltem I I ~ Date 1-5-3 1 _ o CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM T0: Debra Drayovitch, City Attorney FROM: Kathy DuBose, Acting Executive Director of Finance DATE: June 21, 1994 SUBJECT: APPROPRIATION FOR WAREHOUSE WORKING CAPITAL FUNDS The Warehouse Division has experienced a major acceleration of activity related to construction projects unanticipated during the budget process for 1993-94. The majority of the funds for purchase of materials and r supplies for these projects are to allow the Utility Department to react to requests for services for new development. New developments unforeseen during the budget process include Teasley Lane/I-35 interchange, the Lillian Miller Feeder for Hunter Ridge and Southridge East Developments, Pochrus Sub-Station Feeder for the EPIC Hospital Project, Applebees, Bank One, First State Bank, Braums 135E, Ben E. Keith, fiexas Bank, Lone Star Golf, Morrison Milling, Fairway Apartments on Ruddell. I've attached two project sheets with unanticipated new developments highlighted. These projects total $991,672. Although these new developments reflect a recovering economy and accelerated schedules for utility improvements, they were unforeseen during the planning stages of the crnrrent budget process and require an additional appropriation to proceed. CITY G~Lp tpTON LEA 81V56"200 D/FW METRO 434.2529 agenda No ,...9e/ Ageadait ~ 6 PROJECT CONSTRUCTION STATUS REPORT Juno, 1994 PROJ. COST PROJ. COST % PROJECTED ACTUAL PROJECTED ACTUAL DESCRIPTION ESTIMATES ACTUAL COMP. START GATE START DATE COMPL. DATE COMPL. DATE 2 Countr Gub Ran Rd. OH _ 5162,000 52_000 % AuQ,-94 Sep_94 NIA -JC--Y-- - - 3 LILLIAN MILLER f 195 L300,000 (200 _ 0% NONE-- __NA _ NONE___ NA 6 FORRESTRIDGE11 S19__5,000 _ (19_200 7% Jun-94 May-94 Jul 94 16 BELL NORTH OHTOUOCONV. fffi9,000 _$129453 36% Mai-94 91 Sep 84 NlA-_ 29 LIBRARYAT9228iEASLEYtANE _ 512,000 5 ,533 98% ~Apr_,84 __Mar-94 _ApL- M Feb -94 NIA EDICALOFFICES 2SID SCRIPTURE E4529 52,798 62% - Fab-94 Oct 93 IOGE f19<780 S§2,917 46% Oct-93 Apr-94 -_~Dae-93 JNIA_ X91 SOUTHRIOGE OAKS VLIAN S 9 R J - 98 COUNTRY CLUB ESTATES _ {568,000 9 523 --6% Jun-94 DEERWOOD _`-_}42,DOC f4 12% Ppr-94 42 LILLIANAND 21a1 - 5601000 $5300 NONE— -NONE 48 LIBERTY MINISTRIES, INC ~I_P 000 $100 Jul-94 ----u0_9 - (7,500 1A _3% ---May- 94 1Aey-04 - N!A 49 DENTON BIBLE 32 2 EXPOSITION MILLS - 525,000 !0 0% Feu-94 NIA Jun-94 89 GEORGIAFAGFIC 13000 - $1,880 19% Mar-64 Mar-94 AV-:94 K-JMCKINNEY6286 $125000 400 0% NONE NA NONE _ NA N/A 69 ONE OAK PLACE, MAINT. __~100~00 SS00 196 r-94 NA -May-Q4 -94 WOOD ~ i~0 - (260 2% Jun-94 Jut 67 ENE N!A _ _ DENTON BANK BEHIND KFC ON 980 f7.000 50 -_0% May-94 NN, Jun- 94 NIA 69 GATEWAYBAPTISTCHURCH _ i1Q010 $400 4% Mey:94_N!A __-vfun_04 NlA, ~i1,000 _12% May-94 _-NIA -Na~-91 NSA 72 COPERCREEKCOMMERCIAL _ :8500 74 SOUTHERN HOTEL ON LOCUST (8,000 _ 1,795 22% Jun-94 N/A Jul-91 NIA TRENOMAKERON LKLIAN_MILLER SE6000 $2000 2%. May_94 - NA Sap-94 N~ 76 EPiCPHASE 9 OLD 559000 XN _ 0% NONE- WA NONE A- 78 ACME BRICK 7 000 ---A-500 J% Aua;94 NA Oct-94 N/A 79 CROWN OAKS _ _~$66,871 0 0% A4-994 NA Amu -94 NA_ 00 CAMpUSTHEATER NONE _ 0 Mar-95 NA _ Mar-95 _ NIA 81 COUNTY JAL SECURITY LIGHTS NJNE $5 556 09s Au -04 NA Sep-94 NIA WOOORWADDITION 511,799 _ !i0 0% Aug -04 NA &V_:94 ---N~. COOPER LANDING NONE 0 O% ,Ad-94 NA - Jut_ 94 _ NIA- 4 4 ECwDPER S II (96 285 90 096 Jun-94 NA Jul -94 NIA 096 -Jul-94 NA Jul-24 NIA Be DNTONCOUNTYVEHICLEMAINT_ NONE _ i4 - - NONE LO 096 NONE NA NONE _ N A 6? SIEEPOVN - NONE 50 0% NONE NA NONE N A 8a GOOD SAMARATIN - - _ -1 89 SOLAR WAY NONE - - St 222 - 45% - Jun-94 M'a Jun-94 NA 90 l ALYARYCHURCHIVYPILSON STREET _ --NONE-, -NONE NA-- --NONE - ---NA i it ALMCNATT~MOBILEHOMESALE9 --NONE f0 _0% NONE _ NA___ -NONE-- _--NA ! Q2 OJTHWEST MOVIDiN0 CO., _ NONE NONE- NA NONE NA ~ - TOTALSI III 1,04C,105J f249,79d` 1 H.IHOMEI£ ENG3IMONTHL11.1U1IeLGFS WK3 6-Jun- 94 04:50 PM r r i I I , PROJECTS COMPLETED JUNE 10. 1994 PROJ,COSi PROJ.COST % PROJECTED ACTUAL PROJECTED ACTUAL DESCRIPTION ESTIMATES ACTUAL COMP. START DATE START DATE COMPL. DATE COMPL. DATE Mar - - - $275,000 5307,5$6 100% Oct-94 _ Nw B3 - May: -94 4 POCKRUS SUBSTATION-PHASE- -I-- 5 EPi3H0HOSPITALPHASE I $50,000 533200 100% -Oct_93 _ Nw 93 Mny-94 Me 94 ? 5 _7 3 Mar 94 $48 610 120,500 100% _Auy - 93 9T- - _ HUNTERSRIDGF - 9 911 MOOREBLDG DMC - $2 000 $25.634 100% _Nw-B4 Nw-93 Dec-93 Mai - 91 1 Ma 94 N __Jen-94 0 N. LAKES EXPANSION $8103 L_1y000 - 100% Jnn~94 Dec 93 12 2161 7 11 STORE TO LONDONDERRY SI14S67 $106009 100% Nu-9,q Dec 93 Jen-941-__ Mar-94 F9 _2161.7 - 11 TO KFC UG SERVICE 6115000 $117,368 _100% Jan-94 Jen 94 Mar -94 - - $291000 6254,636 103% Oct-93 Cec 93 _ Jan 94 Mar 44 1 3181 l'JNDOND_RRYTO HOBSON Fab 9a Apr 94 t 21 4 APPIESEES - t4,525 L9300 -.-100% Feb -94 ~A r 94 - - JID15)'% - Mer-9/ _ Msr 94 _ Mer 9< Mar 9 1 27 BANK 1 COLORADO BLVD. 129,693 $31,613 S3 FIRST STATE pANY. $6,335 $11,930 Mer94 Mer 94 Mer 94Jen OC 55,600 Jen-91 n 94 par~7 M3135E, _ Nw-P4 Fb-94 ,Nw4 deb-94 BEKERH65015 514,481 - - Mar - 94 r-91 Feb94 Mat-94 46 TEXAS BAN- -_K 13 $1$12600 350 $11 5974 ,397 too% fob-94 feb-94 47 LONE STARGOLF _ r-94 Mar-94 Apr-94 is 000 58700 -_100% Mar-B4 60 MORRISONMILLING, PAID I3YCUST $ 7,600 -6J377 100% _ Apr-94 Msy=9~ _May -94 Me-94 Me~-84 Jun-B4 May _94 68 KENS ON 9r0 - _$U000 Sal 100% 73 FAIRWAYAPA?TMENTSONRJDDELk _ - - . TOTALS Jun - 4 04' M jUgMEIE H G 0S K 0 ' i i gendalvo ~ CITY of DENTON, TEXAS MUNICIPAL BUILDING I 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM ~ 1 ! 19➢~ TO: Debra Drayovitch, City Attorney y` - FROM: Kathy DuBose, Acting Executivo Director of Finance , DATE: June 22, 1994 YYY SUBJECT: APPROPRIATION FOR GARAGE WORKING CAPITAL FUNDS fi The Garage Division has experienced a inordinate increase in sublet repairs that were unani cipated during 1993.94 budget preparation. Unanticipated major repairs include the following: ~J $20,000- Replace engine on front-end loader at the Landfill. $40,268- Replace undercarriage and transmission on a track loader at the Landfill. $ 13,076- Replace engine and repaired rear walking beams on rear axle of rolluff refuse truck used by Commercial Solid Waste. $ 15,775- Replace all chains, cables, and hoses, for leveling system and booms on Electric Department aerial bucket truck. $ 19,718- Repair engine and replace exhaust system on a scraper at the Landfill. I S 13,000- Repair transmission and differential on a compactor at the Landfill. I i i ~ 8 f 7/566-8200 D/FIN METRO 434.2529 { Wo Dale Memo to D. Drayovitch June 22, 1994 Page 2 S 39,700 - Replace 4per and lower booms on an aerial bucket truck. S 14,000 - Replace rear doors on two solid waste compactors. f $ 3,400- Replace brakes on front-end loader. $ 2,100- Repair hydraulic gear box and outriggers on an electric truck. $20,000- Rebuild engine and exhaust system on landfill scraper, TOTAL $201.037 The above needs are essential to provide basic service at the Landfill and othervarious Electric Department services. However, they were unforeseen during the planning stages of the current budget process and require an additional appropriation to proceed. i i r i r I apefldsNa. q~~0'21 S A~eadait'~-- Date D t6of/y CITY of DFNTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: June 27, 1994 TO: Debra Drayovitch, City Attorney FROM: Kathy DuBose, Acting Executive Director of Finance, SUBJECT: BUDGET AMENDMENT ORDINANCE I have detailed below projects that represent new construction unforeseen during the r 1993-94 budget process. The majority of the funds for purchase of materials and supplies for these projects are to allow the Utility Department to react to requests for services for these new developments. 11 Forrestrldge 11- This new development (43 lots) requires the laying of J primary underground lines (high voltage), installation of padmount transformers (approximately 1 for every 3-4 houses), laying of secondary underground lines (low voltage) and Installing all utilities. 21 Medicel0ffiCas - 2610 Scrlp;ure - This expansion requires installation of an additional padmount transformer. 31 Southrldge Oaks • Wien & Southrldge - This new development requires the installation of larger lines to accommodate the much larger homes. Padmount transformers were required for every 1 or 2 homes instead of every 3-4 homes. 41 Country Club Estates - Same as /1. J RD JUN 2 8 19911 CITY OF DEVTON 8171586.8204 D/FW ME TRO 434.2528 LEGAL DEPT. r ~gatldaNo, q Agerdalte Memo to Debra Drayovitch Qa18 June 27, 1994 j d Page 2 5) Deerwood - Same as 61 Liberty Ministries, Inc. - This expansion requires extension of the underground lines and a padmount transformer installation. 7) Denton Bible - Same as #6. 81 Exposition Mills - This project includes the relocation and addition to underground primary lines and switch to allow change over from one source to another. 9) Georgle Pacific - The major revamping of this facility required installation of a large padmount transformer, laying of much larger secondary line and new meter and equipment. 10) .K-7Meftney & 288- The plans to construct a large "mobile mart" (full service truck stop facility► requires removing and relocating a three phase line to clear that intersection. r 11) Denton Bank - This project requires the laying of primary and secondary underground lines. 121 Gateway Baptist Church - This project padmount transformer, laying a 3 phase primary line andta secondary line to the church. 13) Trendmaker on Lillian Miller - Same as I11. 14) Acme Bdck - This project requires the installation of an increased conductor. 15) Woodrow Addition - The construction of the Tejas Testing Station requires installation of a padmount transformer and a secondary line to serve the station. 16) East Oaks /J- Same as #1, includes cutting in one new street. 171 Applebeas - This new facility requires installation of a padmount transformer, underground primary and secondary lines and metering j equipment. E i I Agenda No WOE ~ Apend Item, Date ! Z Memo to Debra Drayovitch June 27, 1994 Page 3 181 Bank One - Colorado Blvd - Same as ti 17. 191 First State Bank- This renovation project required different transformers and changing metering equipment. 201 Braums -13SE- Same as 1117. 211 Ben E. Keith- This expansion project requires setting additional padmount transformers and running primary and secondary underground lines. 221 Taxes Bank !3801 - This renovation r-quires installation of a new padmount transformer. 231 Lone Star Goff - This project requires installation of a padmount transformer and laying of secondary underground lines. 241 Kens on 380 - This expansion requires a 3 phase padmount transformer. r 261 fairway Apartments on fluddell - This project requires the relocation of padmount transformers, individual meters and a secondary enclosure. In addition to these projects is- Oaks ofMontecito - This new development requires all underground single phase primary and secondary and padmount transformers. Approximate $200,000. (Same as 111.) If you have any questions, please let me krow. KOV AFFOWS i j T I 1 4 1 r -pendaNo• Ageodait Q Date tam ly CITY of DFNTDN, TEXAS MUNICIPAL BUILDINfi / 215 E MCKINNEY / DENTON, TEXAS 76201 MEMOMgDUM i j TO: Debra Drayovitch, City Attorney FROM: Kathy DuBose, Acting Executive Director of Finance DATE: June 28, 1994 SUBJECT: ELECTRIC FUND BUDGET AMENDMENT t I have attached a memo from Jim Harder, Director of Electric Utilities, describing the causes necessitating i a $2,400,009 appropriation from the Electric Fund I\ J unreserved furLd balance. ~J Please let me know if you have any questions. , C Z 7 7 ! I; M V ♦Zt C,TY OF DENTON LEGAL DEPT. _f 8171566.8200 D/FW METRO 434.2528 I ' i jendaNo u-OZI Agenda}t Date I CITY ofDENT0NMUNICIPAL UTILITIES/ 901•ATexas Street/ Denton. TX 76201 Poi rand fax transmittal memo • M a awe PR it R :ounting le~ TO t FROMt Jim Harder, Director of Electric Utilities DATE: June 24, 1994 SUBJBCTt ADDITIONAL APPROPRIATION FOR GAS= PURCHASES The Electric Department requests an additional $2,400,000 appropriation for expenses necessitated for purchase of gas for the urchase Spencer Pow rowth of .o erd 5% this gasispal years{2%eaboves projected forecast}, cost of gas being higher than anticipated earlier in forecast), g the fiscal year, and the operation of our Spencer units for longer ear due to Brazos co bwstion turbines cnottc fiscal full productionBwhnew en x anticipated. The new Brazos units are anticipated Lo displace some of generatedh from clincreasedc load from and the ngrowthit will Revenue increased gas purchases. JH:tn J 06244026 i a -LL CITY'= =COUNCI s of ti r ~ ■ ~ • pp0 I j:\wpd0cs\re9o\cohagen.re9 - Q if ,~seOaNo. Apandali 7,s._ Date ORDINANCE NO. AN ORDINANCE AUTHORIZING THE RETENTION OF COUNSEL TO REPRESENT THE CITY IN PENDING LITIGATION STYLED COHACEN ET AL V CITY OF DENTON; S FEES; AUTHORIZING THE FILING OF A CO UNITY CRAG R RAND THIEF DESIGNEES AFFIRMING PRIOR ACTIONS OF THE RELATING TO THE LEASE OF PROPERTY BY THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City entered into a lease with Joan Cohagen, Rickye Coleman and Patricia Pennington for the lease of certain roal property in December, 19112; and WHEREAS, July otice 199terminatio3 ' the City of ntherleaseiof certain his designee, gave n property located at 324 E. McKinney Street; and WHEREAS, in June, 1994, the Lessor filed suit against the City, alleging that the lease had not been properly terminated; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the retention of the law firm of Wolfe, Clark and Henderson to represent the City in the abova-referenced litigation is hereby authorized, as is the expenditure of funds related to said retention of counsel. SECTION II. That counsel is hereby authorized to file a counterclaim against plaintiffs in the above-referenced action for attorney's fees and such other damages as appropriate. SECTION III. That the Council hereby affirms and con he sCite termination notice of Manager''s designee,given July 26, 1993, -referenced effe tive lease of April 30, 1994. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. 1994. PASSED AND APPROVED this the day of - + BOB CASTLEBERRY, MAYOR w t SAgeadaNo C . 4 rate l7em.~,./ ate SS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY # APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i t I PAGE 2 =CITY. M.C0UNCI 0 4► I ~ O p, _ to s y 0 o° e ~ ♦ `J aoe~eNo 9 -oa DRIII°"U,y s - C,TY COUNCIL REPORT ° l a~9 TO: Mayor and MemL irs of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: AMENDMENT TO DEPOSITORY PLEDGE AGREEMENT RECOMMENDATION: Staff recommends approval of the attached Depository Piedge Agre.:ment. SUMMAR : This winter our auditors informed us that recent court interpretations have questioned the right of a governmental entity's security interest in pledged collateral in the event of the bankruptcy of the designated depository institution (i.e., North Arkansas Medical Center v. Barrett, 962 F.2D 780, 8th Cir). In the above mentioned case, the interpretations granted significant power to the Federal Depository Insurance Corporation to disallow governmental claims that assets which are collateralized are secured claims in bankruptcy proceedings. As a result of this case, governmental funds may be at risk if bankruptcy occurs and the governmental entity does not have a written agreement executed by the depository's board of directors or loan committee, approving pledged collateral levels on an on-going basis. In order for a governmental entity to retain its security interest in a deposit, the following four 14) requirements must be met. 1) The agreement must be writing, 21 the agreement has to be executed by the depository institution and the depositing entity making the claim contemporaneously with the acquisition of the asset, 3) the agreement must be approved by the oosrd of directors or the loan committee of the institution, and 4) the agreement has been an official record of the institution contemporaneously since its execution, i The attached depository pledge agreement satisfies all of the above mentioned requirements. Therefore, all of our pledged collateral will be secure, under the new interpretations, in the event our depository bank files for bankruptcy. DEPARTMENTS AFFECTED: The Treasury Department and the City as a whole will be affected by the approval of the attached depository pledge agreement. FISCAL IMPACT: There are no costs associated with the :pproval of this agreement. The agreement will simply strengthen our claim to any securities pledged as collateral against our deposits. Respe l ubmitt Llo d V. Harrell, City Manager Fnpend //}~f~~j S~. AFFOOA95 i r. :2. _T 1 ~peed9N~ £t\urpOCS \d19\DEVOSII. DIE ggQAd2lt 7-5- ORDINANCE NO. AMENDING ITY ORDINANCE N0. FUNDS 93 TO PROVIDE RELATING TO THE DESIG- NATING OF DEPOSITORIES IES AGRE£FOR CROVIDE FOR THE EXECUTION liC TS FECTIVE BETWEEN DATE. CITY AND SUCH CEPOSITO- AN OF D ORDINANCE 'DEPOSITORY PL RIES; AND PROVIDING FOR AN EF firm has recommended athe nd WHEREAS, the City's 1 funds execute pledge agreementse with that depositories for City responsibilities, lels city that clearly d°lineate itories; collateral s;a safekeeping duties of depostori ositories and the losCitys to exe- WHEREASt the failure of the dap tc based on the ository, pledge agreements co °in oebankrup t he of co r cute deP a depository were 90 H diva Ce ter v Barret, 962 lateral if in th Arkansas BEFORE, court decision 19 NOW, F.2d 780 (Eighth Circuit, THE COUNCIL OF THE CITY OF DENTON HLREBY ORDAINS: the Ordinance No. 93-176 relating t o nds is amended to provide ro;sts gFrrION I. That fu natit n9 depositories for City the possibility desig and its depsitories (where in excess of $100,000 that the Cityoint in time funds of the ository Pledge Agreements in a may that be at on any P deposit) shall execute he pledge agreement between the f form substantially the same as the Banki attached hereto and mm de First State Bank and S atioThe terms of such pledg City, City Attorney agree a part hereof for all Pf the City Manage s and ~J may be modified only with the revised text. authorizes the City the Cou.jcil hereby of Penton. ,,,,,T„u t I , That ger to execute such agreements on behalf of the City ,e shall Mana That this orand approvalby the effective City council b TON III' ately from and after its passage of the city of Denton. 1994, of PASSED AND APPROVED this the day BO8 CASTGEBERRY, MAYOR cI . i 4gBttd2lt ate wjq ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY , • t ~ x 4 ~ i I PAGE 2 r 1 +gandoNo ~{~,2/ • 4gendalte Date 9 DEPOSITORY PLEDGE AGREEMENT (hereinafter FIR T Whereas, City of Denton (hereinafter calledi,Date ositorl has selected STATE BANK OF TEXAS, a bank chartered by the "Bank"), as a depository for certain of its funds in demand deposits and/or interest-bearing time deposits entitled as follows: Account Type of Account Number Account Name(s) 00.1 Q09-0 Employee Claims Account Public Funds Checking 00-1016-5 Operating Account Public Funds Checking Utility Sinking Fund 00-1017-3 Payroll Account Public Funds Checking 00-1077-7 Public Funds Checking Rehabilitation Commission Public Funds Checking 0000-1-3136304.1 -1 Transportation Grant Public Funds Checking CDBG Commercial Development 01-3184-7 • Block Grant Public Funds Checking Control concentration Public Funds NOW Checking 000-1395.3 0-1408-4 City of Denton Public Funds NOW Checking Public Funds Mcney Market 50.0018.7 Security A Acco cco g unt Public Funds Money Market 51-0571.3 Security r Industrial Development 00.1249-2 f Public Funds Checking Authority Denton Retirement & Nursing Center Finance 01 0939-7 Authority Public Funds Checking and such additional accounts a3 Depositor may from time to time designate, and the Bank desires to be the depository of such funds; and WHEREAS, any and all cash balances in any funds deposited with the Bank must be continuously secured by a valid pledge to Depositor of certain securities {being herein called the "Approved Securities"). Approved Securities shall mean all securities which under the lawso value a the Appe used to secure the roved Securities shall deposits of Depositor. The agg e8ate market at all times be, exclusive of accrued interest, the equal t or tnsaid funds are notainsured excess of the of Depositor on deposit with the Bank, by the Federal Deposit Insurance Corporation. eration utual ows: NOW, THEREFORE, for contained, IDepositor and thedBank ag efetas fm promises and covenants here Page 1 } ~AendaNo u~2 gAendalterrtS^~s ~ 1. Depositor deposits shall be secured and Bank hereby grants a security 9 I interest to Depositor in all Approved Securities held in safekeeping at Nations Bank, Texas, (the "Safekeeping Institution"). Except as provided in paragraph 6 of such Approved Securities shall be subject only to the joint instructions of both (a) authorized individuals appointed by Depositor, and (b) specifically authorized officers of the Bank. The Depositor shall provide to the Bank written notice and specimen signatures of authorized representatives of Depositor on Addendum A of this document for the purposes hereof, and thereafter written notice of the removal from or addition to the existing names of such authorized representatives. The Bank shall provide to the Board of Directors of Depositor or its authorized representatives written notice and specimen signatures of authorized officers of the Bank on Addendum B of this document for the purposes hereof, and thereafter written notice of addition to or removal from the existing list of names of such officers. 2. The Bank may make additions to or substitutions of Approved Securities from time to time and may withdraw excess Approved Secu•ities, with the amount and character of the new and/or remaining securities to be subject to the approval of Depositor. If the Approved Securities, so proposed for substitution are of the kind, character, amount, and value required by law, such substitution shall be permitted. If approved, the substituted Approved Securities shall thereafter be subject to all the terms and conditions of this Pledge Agreement as fully as if >riginally incorporated herein. 3. Contemporaneously with the execution of this agreement and at the time of the substitution or release of any of the Approved Securities, the Bank shall execute and deliver to Depositor a Memorandum describing the Approved Securities deposited to or withdrawn from the securities held pursuant to this Agreement. 1 4. The Bank shalt not be obligated to accept interest bearing time deposits of Depositor in excess of $20,000,000 (twenty million dollars). but may choose to accept such deposits at its discretion. 5. The Bank shall faithfully do and perform all of the duties and obligations required by the laws of the State of Texas for depositories of Depositor, and shall upon presentatio;t pay a' checks drawn on it by the duly authorized representatives of Depositor against colle ited funds of Depositor on demand deposit, and shall at the expiration of the term for which it has been chosen as depository of Depositor turn over to its successor all funds, property and things of ,alue coming into its hands as depository. 6. Upon default of any of the Bank's obligations hereunder or upon insolvency of the Bank or upon the appointment of a receiver of the Bank and at any time thereafter, Depositor may sell at public or private sale the Approved Securities or any part thereof and apply the proceeds of such sale to the satisfaction of any indebtedness caused by virtue of said default. This right is in addition to other remedies which Depositor may have under this agreement and without prejudice to its rights to maintain any suit in any court for redress of injuries sustained by the Depositor under this Agreement. Page 2 e „.i i' r t s gendaNo . q Wv kgendalte Ate 7-7. The Safekeeping Institution named herein hereby agrees to hold all 60pp Approved Securities deposited with it pursuant to the terms of this Agreement and to deliver them in accordance with the terms hereof. Additionally, Safekeeping Institution agrees to serve as collateral agent for Depositor to the extent necessary to allow Depositor to perfect its security interest granted herein in the Approved Securi- ties. 8. This agreement may be terminated by either the Bank, Depositor or the `safekeeping Institution by giving thirty 1301 days prior written notice to the other parties. 9. All applicable provisions and requirements of the !aws of the State of Texas governing depositories for Depositor shall be a part of this Agreement. WITNESS the execution hereof this _ day of , 1994. ATTEST: DEPOSITOR: CITY OF DENTON BY: BY: NAME: NAME: TITLE. _ s ATTEST: BANK: FIRST STATE BANK OF TEXAS A Bank Chartered by the By. (X State of Texas NAMsrE~:,6~--~ BY: NAME: William E. bonds TITLE: Executive vice President/CFO ATTEST: SAFEKEEPING INSTITUTION: Nations Bank, Texas A Bank Charted by the State of Texas BY: BY: NAME: NAME: TITLE: Page 3 1, I ' E • J 5 f1 AaandaNo Q L- AgandalteitL 6 Date _~s~ 9 ADDENDUM A The following designated individuals are authorized representatives empowered to direct FIRST STATE BANK OF TEXAS, a bank chartered by the State of Texas (the "Bank") and NATIONS BANK, TEXAS, Ithe "Safekeeping Institution") selected under Item 1 of the Depository Pledge Agreement in regard to collateral pledges, releases and substitutions in the joint safekeeping account. Such pledges, releases, and substitutions shall follow procedures set forth in the Depository Pledge Agreement. Authorized Officer's Signature Name and Title Lloyd V. Harrell City Manager Rick Svehla Deputy City Manager S Kathy DuBose, Acting Executivo Director of Finance Harlan L. Jefferson, Director Treasury Operations x i Page 4 x, i i 7 ~Allda~0 Agendalte • ~ r .S to ADDENDUM B FIRST STATE BANK OF TEXAS, a bank chartered by the State of Texas (the "Bank") has designated the following officers as specifically authorized to instruct City of Denton (the "Depositor") and NATIONS BANK, TEXAS (the "Safekeeping Institution") selected under Item I of the Depository Pledge Agreement in regard to collateral pledges, releases and substitutions in the joint safekeeping account. Such pledges, releases and substitutions shall follow procedures set forth in the Depository Pledge Agreement. Authorized Officer's Si nature Name and Title William E. Bonds, Exec. VP/CFO/Cashier ~1~ Deborah Darley, VP 6 Controller J j Greg Lytle, Accounting SaLervtsar ! y E , I i i j I Y i page 5 s i J I r' AgendaNo 91/. 009/ . ~ agendallsm S ~ S ' e CERTIFICATE OF SECRETAR`l OF 7 -0711- THE BOARD OF DIRECTORS OF FIRST STATE BANK OF TEXAS A BANK CHARTERED BY THE STATE OF TEXAS The undersigned, being the duly appointed Secretary of the Board of Directors (the "Board") of FIRST STATE BANK OF TEXAS, a bank chartered by the State of Texas (the 'Bank"), hereby certifies that: (1) On , 1994, the Board approved the pledge of collateral, as require y the depository contract with the City of Denton (the "City% to secure the Bank's obligations with respect to deposits maintained at the Bank by the City. (2) The minutes of the Board meeting hold on 1994, will be maintained a: part of the permanent records of the Bank. qQq Date: BY: . r NANE~~~-ee~✓'~m6~e- TITLE: Secretary I I i page 6 i CITY COVNCI 444 % ~ ~r ♦ o F, 6 0 + N * `1TY 011 4~ oO~ GG~ I~ _T AOWO D CITY COUNCIL RE~RT FORMAT TOs Mayor and Members of City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider approval of a resolution suspending TU Electric's proposed implementation of four new electric services. RECOMMEWDATIONs The Staff recommend approval of the resolution suspending TU Electric's proposed implementation of four new electric services. SUMMARYs On June b, 1994, TU Electric filed a "Petition and Statement of Intend" to offer four new electric services to TU's Denton customers, effective July 11, 1994. The proposed new services include the following: 1. Economic Development Service (Rider ED) - this rider to existing commercial/industrial rates provides for discounted electric demand charges as a when a customers adds additional load of 200 kilowatts or greater. it is essentially identical to Denton's Industrial Development Rate. 2. General Service Competitive Pricing (Rate GC) - this rate provides for negotiated reductions in electric demand charges when the customer would self-generate its electricity or obtain service from another energy provider. 3. Wholesale Power Competitive Pricing (Rate WPC) - this rider provides for negotiated reductions in electric demand charges when the customer would self-generate its electricity or obtain service from another energy provider. 4. Environmental Technology Service (Rider ET) - this rider provides for discounted electric demand charges to customers who switch to more energy-efficient electrical technologies or processes that improve the environment. Denton has four options in this matter: 1) Denton can approve the implementation of the four new services, effective July 11, 1994 as TU Electric has requested. i -~1 ti t ~Gsar}a Va +oeadalter~ )1!P 21 Denton can deny the implementation of the new services. 3) Denton can relinquish "original jurisdiction" over the new services to the Public Utility Commission (PUC). 4) Denton can suspend the implementation of the new services pending the Public Utility Commission's action. Tha staff recommends that Denton "Suspend" L-plementation of the new proposed services. This is the same action Dentor. took in 1993 when TU Electric requested a rate increase. This -1 action wilt allow the PUC to proceed with it's review and when the PUC renders it's ruling, De;fton will need to take action approving the PUC recommended new services, Denton has, in the past, preferred not to relinquish "original jurisdiction" to the PUC and the staff would again recommend again this. r i II i j 1 Y 1 I I -o ~ AgendaNo _ ~ A.geadalt wie 7- 5 -W z BACXGROUNDt sole TU Electric serves 700 customers in Denton in dual f certification areas. These areas are primarily Ranch Estates in the Western area of the City, Denton West Mobil Home Park located at Teasley Lane and Ryan Road in the Southern area of the City and Vacation Village Mobil Home Park and Royal Oaks Wheel Estates and surrounding areas in the Eastern area of the City. The Ranch Estates area was being served by TU Electric prior to creation of the Public Utility Commission in 1975 and the subsequent establishment of 11176 of the Certificate of Convenience and Necessity (CCN) areas wherein specified areas of service were granted to Denton or TU Electric. The areas to the South and East were outside of Denton's city limits and j were given dual certification at that time. Denton has subsequently annexed chose areas. in 1985 Denton franchised TU Electric in order to receive a 3% gross receipts Franchise Fee. TU Electric's gross sales in Denton were $1,719,100 for the franchise year August 192 to July 193 and 'he City received franchise fee revenue of $34,797.86. 1 PROGRAMS, DEPARTMENTS OR G:tOUPS AFFECTEDt N/A FISCAL IMPACT: N/A Suspension of the request for approval of these new services will delay implementation until after the PUC takes actin:,. RESP FULLY SUBMI E Lloyd V. Harrell JJ Caty Manager Prepared b ~ II I l~ R. E. Nelson, Executive Director Department of Utilities EXHIBIT I - :'U Slectric Cover Letter of 6/6/94 EXHIBIT II - TU Electric Petition and Statement of Intent EXHIBIT III - Resolution I 1 j E:\UPDOCS\AES\F.A1E.TU lgenda No._~ 7 4gendalten, We tz RESOLUTION NO. TEXAS £FFECTIVEIDATEFOFHTHEIPROPOSEDNNEW,RATE SCHEDULESIANDTSERVICEOSED RECULATIONS OF TEXAS U'T'ILITIES ELECTRIC COMPANY; PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE HEREOF TO SAID COMPANY; FINDING AND DETERMINING THAT THE AN E EFFECTIVE DATE. PUBLIC MEETING AT AND G PROVIDING I FOR PASSED AS REQUIRED BY LAW WHEREAS, Texas Utilities Company heretofore, on June 6, 1994 filed Statement of iIntent,sctogetherewithyits rateofiling package, and proposing to change its rate schedules and service regulations within the City of Denton, Texas, effective on July 11, 1994; and WHEREAS, in order to allow sufficient time for the consider- ation of the data filed by said Company, it is the desire Seche City Council of the City of Denton to suspend, pursuant tion 43 (d) of the Public Utility Regulatory Act, the proposed effective date of said proposed changed rate schedules and ser- vice regulations for a period of 90 days from July 110 1994; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION I. That in order to allow the City sufficient time to analyze and prepare for hearing and decision on the requested new services, the effective date of the proposed changed rate schedules and service regulations of Texas Utilities Electric Company are hereby msusende idnights fora r period of 90 days from July 11, 1994, or until 8 1994. CTroN II. That the rate schedules and service regulations of Texas Utilities Electric Company within the City of Denton, providedlincSec Lion Inherein,during of c suspension 19940 aperiodeffect the ACTION III. That the City Secretary is hereby directed to deliver a copy of this resolution to Texas Utilities Electric Company promptly after the passage hereof. f k Y r S Q80daN0 ~ ' gendaltem7 late eFCTION IV._ That this resolution shall become effective immediately upon its passage and approval. 1994. PASSED AND APPROVED this the day of -BOB B CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY a: . i j BY: I f i APPROVED AS TO LEGAL f.:RM1 DEBRA A. DRAYOVITCH, CITY ATTOREY i BY: f E k I h PAGE 2 1 I i WaaNo nendaItem ,u `7 TUELECTPiC yema M. Levedmy M-1- June 6, 1994 City of Dentoo 215 East McKinney Denton, Texas 76201 I Attached for Edina please find a Petition and Statement of Intent of Texas Utilities Electric Company (TU Electric). This filing requests approval of four tariffs and Is identical to filings being made today with all of TU Electric's other regulatory authorities. i Also, transmitted with this letter as part of this filing is a one-volume Rate Filing Package containing a copy of TU Electric's Petition and Statement of Intent before the Public i Utility Commission of Texas and the testimony that explains and supports the approval of the proposed tariffs, The four tariffs are attached as exhibits to the testimony of Mr. Houle. Should you have any questions concerning this filing, please give me a call. a V r IY Y James M. t.oveday Receipt Acknowledged y: n / - Title: Date: P. o. &x 998 Ldr DeiW, Teeu 7M 'F 1 ))l .f YC.•V,. Ql VUJ Vll ,dnflano Ay'4~_ xendaltem7f 7a /Z BEFORE THE GOVERNING BODY OF THE CITY Of DENTON, TEX" APPLICATION OF TE=AS UTILITIES 6 ELECTRIC CONPANY FOR AUTHORITY S TO IXPLEMENT ECONOMIC DMLOP- S ?SENT SERVICE, GENERAL snore S DOCKET NO. COMPETITIVE PRICIM SlHOLE@ALE S POWER COMPETITIVE PRICING, RID 6 EMVIRONXENTAL TECINOLOGY ; SERVICS ; P2TITIOX AND STATER NT CF INTENT TO THE HONORABLE SAID GOVERNING BODY: For its Petition and Statement of Intent, Texas Utilities Electric Company ("TU Electric"), a corporation organized and existing under the laws of the State of Texas and a public utility as that term is defined in the Public Utility Regulatory Act, Article 1446c, V.A.T.S. (the "PURA"), respectfully submits the r following: I TU Electric proposes tariffs under which it soaks to offer four new services within its service territory: (1) Economic Development Service through proposed Rider ED, which is a rider to TV Electrio's existing General Service Rates GS, GPO and HV that provides for a discounted demand charge to those that qualify under the torso of the Rider; Rider ED is designed to contribute to the economic development of the service territory by attracting new businesses and industries and the expansion by existing businesses and industries; (Z) General Service Competitive Pricing through proposed z x 4 i Gd 21 81 10; 1p $9;liSdd5;3ti CII! uF Ut~l~~ 4geadalt 2 S 7 ate -S- V Rate GC, which provides for a negotiated reduction, z within limits, in the demand charges that would otherwise be applicable to the customer's electrical load under TU Electric's General Service Rates G5, GP, or HV, where the customer's electrical load otherwise would not be served by the Company because, without the reduction in the demand charges, the customer would self-generate its electricity or obtain service from another energy service supplier or cease its operations; (3) Wholesale Power Competitive Pricing through proposed Rate WPC, which provides for a negotiated reduction, within limits, in the demand charges that would otherwise be applicable to the customer's electrical load under TU Electric's Wholesale Power Rate WP, where the customer's electrical load otherwise would not be served by the Company because, without the reduction in the demand r charges, the customer would self-generate its electricity or obtain serviou from another energy service supplier) } and J (4) Environmental Technology service through proposed Rider ET, which is a rider to T11 Electric's existing General Service Rates GS, GP, and 8V that provides for a discounted demand charge to those that qualify under the terms of the proposed Rider; proposed Rider ET is designed to encourage the use of more energy-efficient electrical technologies or processes that significantly i F' 9 21 94 10: J 9 $95175864230 CII1' OF DENTON JgendaNo. 7 ~1 Od y Agendalte~/ Date 7- S-9 improve the quality of the environment through the use of 4061 Z an electrical technology, such as the substitution of an electric are furnace for a coke-fired furnace in ac metals sting fabrication facility or infrared heating f processes to reduce volatile orgal"o compound emissions. Attached hereto and made a part hereof is a copy o filed with the public utility and Statement of Intent being sly with the Commission of Texas ("Commission^) eontempo=aneou of this petition and Statement of Intent, together with the filing Kr. Karc K. testimony and exhibits of Dr. William E. Avert, provision of Goldsmith, and Mr. Stephen J. Houle, which justify the these new services and the reasonableness and propriety Of the provisions of the proposed tariffs- This authority has jurisdiction over TU This municipal sego > Electric and the subjeet matter hereof within this Municipality's and 43 3 of the corporate limits by virtue of Sections 17(a), 371 PURA. l 1 III. In keeping with the provisions of Section 43(a) of the per` TV Electric proposes that the proposed tariffs be effective on July 11, 1994. IV. ro sed tariffs are attached as Exhibits SJH-li SJH-20 Thep Po Stephen J. Houle, 5jU.3, and SJH-4 to the direct testimony of M. an attachment to the petition and Statement of intent filed with -3- y a i 06 21,91 1050 $AS17S866236 CITY OF DENTON tV~ 911-MM 011 4pendalt ~ ~kte - S - within the corporate limits of this municipality cart ificated to TU Electric by the Commission; however, TU Electric is seeking authority from the Commission and all of its municipal regulatory authorities to implement these four proposed tariffs, so that same will be applicable throughout all of the territories to which it is certificated to provide electric service. VII. Notice of this Petition and Statement of Intent is being published for four consecutive weeks in newspapers having general circulation in the counties in which TU Electric provides electric service. VIII. The business and mailing address of TU Electric ist Texas Utilities Electric Company 2001 Bryan Street Dallas, Texas 75201 TU Electric's business telephone number, including area code, is: ~J (214) 812.4600 TU Electric's authorized representatives are: R. D. Keeney Vice President Texas Utilities Electric Company 2001 Bryan Street, Suite 2100 Dallas, Texas 75201 (214) $122778 and J. Dan Bohannan Worsham, Forsythe, Sampels i Wooldridge, L.L.P. 2001 Bryan street, Suite 3200 Dallas, Texas 75201 (214) 979-5000 -5- r I i• x 06 24 94 10:50 095175665136 C111 OF DEN10 AAendaNa 91/- Aflendallem rS 7 Date 7-S - 1/ General inquiries concerning this Petition and Statement of Intent should be directed to Mr. Keeney at the above-stated address and telephone. All pleadings, motions, orders, and other documents filed in this proceeding should be served upon Mr. Bohannan at the above-stated address. WHEREFORE, Tit Electric prays this Honorable Governing Body to approve the proposed tariffs and authorize it to provide the requested new services; further, TU Electric prays for such other relief to which it may be justly entitled. Respectfully submitted, WORSHAM, FORSYTHE, SAMP21A i ? KOOLDRIDGE, L.L.P. J. Dan Bohannan State Bar No. 02563000 ' 2001 Bryan Street, Suite 3200 Dallas, Texas 75201 f Telephone: { 14) 974-3000 } Fax: (214) 0.0011 • D Boa an i ATTO YS FOR TEXAS UTILITIES ~J ELECTRIC COMPANY -6- I I - - --==CITY~ ~COUNCI ~ N> 4 G t a G e ` ~rpx t~~~0 I 4 y b:o•S•1r A~ RESOLUTION NO. A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of John MCGrane, a member of the Board of Managers of the Denco 9-1-1 District, will expire on August 30, 1994; and WHEREAS, Article 1432e, Section 5, V.A.C.S. provides that two voting members of the Board of Managers of an Emergency Communica- tion District shall be appointed jointly by all cities and towns lying wholly or partly with the district; and { WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, 3 THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: s SECTION I. That the City of Denton, Texas hereby nominates as a member to the Board of Managers of the Emergency Common cation District of Denton County for a two year term to commence September 1, 1994. I SECTION . That this resolution shall become effective im- mediately upon its passage and approval. ! ( PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA AA..DRAYOVITCH, CITY ATTORNEY BY: I { i, DENCO AREA 9 - 1 -1 DISTRICT 250 S. Stemmons, Suite 260, Lewisvi le, Texas 75067 Phone/TDD (214) 221-0911 FAX (214) 420.0709 Y w4aw qu"621 - Ap"tom 749 TO: Mayors, City Managers, City Secretaries FROM- Mike Pedigo, Executive Director oy DATE: June 10,1994 Y RE: Appointment to Deno Board of Managers The legislation creating the Denoo Area 9. 1.1 District requires the appointment of two members (ohs board of managers from the cities participating in the district. T`e current term of John McGrane expires on September I, 1994. Mr. McGrane has asked to not be reappointed to the Board of Managers due to his relocation. The current members of the Board of Managers are as follows: 'c ENV! e d t Goorge R. (Randy) Corbin Denton County Fire Depts. 9/1195 Lewisville Fire Dept. s JohnMcGrarie Cities 9/1/94 City of Denton Olive Stephens Cities 9/1/95 City of Shady Shores Jim Ferguson County 911/94 Lewisville Dr. Allen Groff CameY 911194 Pilot Point Melvin Willis Advisory i The Demo Arcs 9.1.1 District asks that you place the appointment of a representative to its board of managers on your council agenda as soon as poss;ble and send us a written notice of your choice. Enclosed is a sample resolution that you may wish to use. Thank you for your help in this matter and if the Dcnco Area 9-t-1 District ran be of assistance in any way, please call us al (214) 221-0911. i i S 1 A f t nQe&No. ~iu-071 Town of Trophy Club POLICE DYt ARTMENT AA Don Franklin, Chief of Police 5 , 1p ~ June 14, 1994 Mayor/Manager. City of Denton 215 E. McKinney Denton, TX 76201 Dear Mayor/Manager: I have recently learned that the Denco Area 9-1-1 District Board has received a resignation from a board member who no longer desires to serve. As an active participant within our 9-1-1 service area, 1 would appreciate your endorsement as a S replacement for this vacated position. As the Director of Police and Emergency Medical Services for the Town of Trophy Club, I have become very familiar with our local area 9-1-1 from its inception to its present day makeup. I consider it very important to appoint someone with a historical background of this nature as well as a person } who can look to the future with a proactive approach. I have over 20 years experience in the public safety arena, j more especially as it relates to lair enforcement. I possess I ! the highest credentials awarded to peace officers by the State of Texas. I hold a Master's Degree in Public Administration with 10 years public safety management experience. I recently graduated from the Management Institute of Texas, and I teach criminal justice courses on a part-time basis for Dallas Baptist University. I also serve as an elected Trustee for Northwest Independent School District. I am very active in serving my community and the local area and in improving the public safety professions. Working and living in the southern most part of our 9-1-1 district, I would like to ensure equal representation throughout the district, especially since this area is growing rapidly and will become a vital link to emergency services in the near future. Being a Chief of Police and art j EMT, with some firefighter training, I believe I can provide 1 some insight into present and future emergency services for f our district. Serving as Chairman of the Denco Area 9-1-1 Consolidation Task Force, I have had the opportunity to worse with the many 100 Municipal Dr. • Trophy Club, Texas 76262 • (817) 430.1911 i M ~ ►~da1t 2 cities and administrators which make up our district. I also know Mike Pedigo and his staff and the members of the Denco 9-1-1 Board. I have a good working relatinnship with all of them. A13o, I understand the personalities ana ;.'-ilosophies of our diverse district. I consider myself open-minded with a positive att-tude, and a public servant with a citizen oriented emphasis. I am dedicated to providing professional emergency services, including communications. It would be an honor to sit on the Denco Area 9-1-1 District Board and to work with the i7any outstanding people who are a part of it. I would appreciate your consideration. B s ectf ily,/ on Franklin, GMI E Director of Police/EMS * cc: Chief Randy Corbin, Chairman Denco Area 9-1-1 District i • i i { J 3 j i a-, -;j I =CITY -.COUNCI e ~ ~0 4F 4 O % _ to =g ox e ~r O M t L~bGGO~~ . VfldaNo iOAp odalt e_ EJuly 5, 1994 t CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONTRACT AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE. RECOMMENDATION: Staff recommends approving the attached amendment to the Agreement between the City of Denton and Denton Chamber of Commerce for the Payment and Use of Hotel Tax Revenue. i BACKGROUND: On March 29, 1994 the City Council received a report, held a discussion and gave staff direction regarding proposed procedures and time schedule for the preparation of contracts and the allocation of hotel occupancy tax funds. As a result of that discussion, staff was directed by a consensus of the Council to discuss with the Chamber of Commerce the possibility of extending their contract to March 31, 1995 and have a task force set up to consider all of the ootel occupancy tax contracts. The attached contract primarily contains two changes to the original contract with the Denton Chamber of Commerce. The first change extends the termination date of the contract to March 31, 1995. The second change requires the submission of quarterly performance and ` expenditure reports. The latter change is a result of revisions to the state law regulating local hotel occupancy taxes (TEX. TAX CODE ANN. 1351. 101). AFFECTED DEPARTMENTS AND AREAS: The Tax Division of the City of Denton, which 1 collects and distributes hotel occupancy taxes, will be effected by the amendment. FISCAL IMPACT: Due to the extension of the contract, the Denton Chamber of Commerce will receive approximately $93,685 in additional hotel occupancy tax revenue. Respec I submitted- Llo d V. Harrell City Manager jr~o.na by. Appm" bw 44l, S uFWAs DATE: July 5, 1994 i E:WPOOMORACHAMBER.AMD gendaNo. y~"© ~gendaltertt,~ tit( ORDINANCE NO. " D AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON A:lD THE DENTON CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEM BY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute Amendment No. 1 to the agreement between the City of Denton and the Denton Chamber of Commerce for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION III That the City Secretary is hereby directed to attach a copy of this ordinance to ordinance No. 90-041 and to inscribe upon the face thereof that this Amendment No. 1 was executed. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. t PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: /lLC / l l l 4 gendaNo +gendaN 'L,5 Yu AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAI REVENUE WHEREAS, on March 20, 1990, the City Council approved an Agreement wits, the Denton Chamber of Commerce for the payment and use of hotel tax revenue, the Agreement to terminate on September 30, 1994; and WHEREAS, as the City is in the process of reviewing all of its agreements for the payment and use of hotel tax revenue, the City wishes to extend the term of the contract through March 31, 1995 to provide sufficient time for review and incorporate into the agreement the newly enacted ;louse Bill 1122; and WHEREAS, the Chamber of Commerce is agreeable to the exten- sion; NOW, THEREFORE, the parties agree: Section I. That Article V. (Term and Termination) Section A. (Term) of the Agreement between the Chamber of Commerce and the City of Denton, approved by the City Council on March 20, 1990, the "Agreement", is hereby amended to read as follows: A. Term. The term of this Agreement shall commence April 1, 1990 and end on March 31, 1995. Section II. That Article III. D. of the Agreement is hereby amended as follows: ! ` D. Reports. within thirty days after the end of every El quarter, the Association shall furnish to the City (1) a J performance report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. g 351.101(c) (Vernon 1994). The Associa- tion shall promptly respond to any request from the City Manager of the City for additional information relating to the activities performed under this Agreement. Section III. That in all other respects, the terms and con- ditions of the Agreement shall continue to be in full force and effect. EXECUTED on this the Jay of , 1994. i i r t i 4 r, s gendaNo qen4all late CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: DENTON CHAMBER OF COMMERCE I BY. CHUCK CARPE , LPRESI ATTEST: BY: i SECRETARY ei\wpdoce\k\chambr2.amd PAGE 2 =C ITY'.~ COUNCI pf 0~ O t 00 d~ d i Vill t O N' t { OQOJ G t VeodaNo- Ageadah • CITY COUNCIL REPORT ale ~a TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONTRACT AMENDMENT TO AGREEMENT BETWEEN THE CiTY OF DENTON AND THE NORTH TEXAS STATE FAIR ASSOCIATION. RECOMMENDATION: Staff recommends approving the attached amendment to the Agreement between the City of Denton and the North Texas State Fair Association for the Payment and Use of Hotel Tax Revenue. BACKGROUND: On March 29, 1994 the City Council received a report, held a discussion and gave staff direction regarding proposed procedures and time schedule for the preparation of contracts and the allocation of hotel occupancy tax funds. As a result of that discussion, staff was directed by a consensus of the Council to discuss with the Nortl Texas State Fair Association the possibility of extending their contract to March 31, 1£;~': and have a task force set up to consider all of the hotel occupancy tax contracts. The attached contract primarily contains two changes to the original contract with the North Texas State Fair Association. The first change extends the termination date of the contract to March 31, 1995. The second change requires the submission of quarterly performance and expenditure reports. The latter change is a result of revisions to the state law regulating local hotel occupancy taxes (TEX. TAX CODE ANN. 1351. 1011. M AFFECTED DEPARTMENTS AND AREAS: The Tax Division of the City of Denton, which collects and distributes hotel occupancy taxes, will be affected by the amendment. FISCAL IMPACT: Due to the extension of the contract, the North Texas State Fair Association J wil receive approximately $15,714 in additional hotel cccupancy tax revenue. `-J Respe Ily submitte : L oyd V. Harrell City Manager Pmo and by, OF00A r E:\VPDOLS\DRD\R I FAIR. AMD~1a AgendallAln Data 7 -S - 9 20 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE !SAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS FAIR ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUES AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION That the Mayor is hereby authorized to execute ' Amendment No. I to the agreement between the City of Denton and the North Texas Fair Association for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of wh'Lch is attached hereto and made a part hereof. SECTION LLL That the City secretary is hereby directed to attach a copy of this ordinance to ordinance No. 90-029, and to inscribe upon the face thereof that this Amendment No. 1 was execsted. SECTION III. That this ordinance shall become effective immed- iately upon Its passage and approval. s PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR i j ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: C ryZ'~C i, s i VendaNo. ~u'421 4gendalte oats 1- e1 0 AMENDMEVT NO. i TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS FAIR ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAI REVENUE WHEREAS, on February 20, 19900 the City Council approved an Agreement with the North Texas Fair Association for the payment and use of hotel tax revenue, the Agreement to terminate on December 31, 1994; and WHEREAS, as the City is in the process of reviewing all of its agreements for the payment and use of hotel tax revenue, the City wishes to extend the term of the contract through March 31, 1995 to provide sufficient time for review and incorporate into the agreement the newly enacted House Bill 1122; and WHEREAS, the North Texas Fair Association is agreeable to the extension; NOW, THEREFORE, the parries agree: Section 1. That Article V. (Term and Termination) Section A. (Term) of the Agreement between the North Texas Fair Association and the City of Denton, approved by the City Council on February 20, 1990, the "Agreement", is hereby amended to read as follows: A. Term. The term of this Agreement shall commence January 1, 1990 and end on March 31, 1995. Section FI. That Article III. D. of the Agreement is hereby amended as follows: I D. Reports. within thirty days after the end of every quarter, the Association shall furnish to the City (1) a performance report of the work performed under this ~J Agreement, in the form determined by the City Manager describing the activities performed under this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. i 351.101(c) (Vernon 1994). The Associa- tion shall promptly respond to any request from the City Manager of the City for additional information relating to the activities performed under this Agreement. Section III. That in all other respects, the terms and con- ditions of the Agreement shall continue to be in full force and effect. EXECUTED on this the day of , 1994. x Q j ~endaNo g 7 apenda't Date Koh CITY OF DENTON, TEXAS BY: _ BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH• CITY ATTORNEY } BY: NORTH TEXAS FAIR ASSOCIATION I t 1 R BY: ES RODEN, PRESIDENT i ATTEST: J' BY: SECRETARY F I ee\wpdoce\k\ntfa.amd i PAGE 2 l i =CITY; XCOUNCI or of* 4 . O O ` Poll. IS" p G~p AwdANO ~-`LN Awdaftartt BOARD/COMMISSION NOMINATIONS J 1994-95 AIRPORT ADVISORY BOARD Dist CURRENT MEMBER NOMINATION TERM COUNCIL *7 John Dulemba John Dulemba 1992-94 Mayor 3 Nancy Hundley Don Smith 1992-94 Perry *4 James Jamieson James Jamieson 1992-94 Cott *5 Jim Risser Jim Risser 1992-94 Miller i ANIKn SHELTER ADVISORY BOAR I DIST CURRENT MEMBER NOMINATION TERM COUNCIL *2 Mary McKay Joella Orr 1991-54 Smith BOARD OF ADJUSTSENT ICI CURRENT MENDS NOMINATION T1 1 COUNCIL *5 Rebecca King Rebecca King 1992-94 Miller 2 Marcia Staff Larry Collister 1992-94 Smith I } 4 VACANT (ALT) Joe Bendzek 1993-95 Cott fff' ' BDILDIUR COOR BOARD DIST C VERT MEMBER NOMINATION TM COUNCI 3 James Fykes (ALT) James Fykes 1992-94 Perry 4 Bob George (ALT) Bryon Woods 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 * - Individual nominated and approved No * - Individual nominated but not approved - no nomination i i 3 ;c ~gendaNo. 9~ -Oa / 4gendalte We ' S C COMMUNITY DEVELOP? ENT ADVISORY COMMITTEE p~0'~J DIST CURRENT MEMBER NOMINATION TERM gQUNCIL *5 Dorothy Martinez Dorothy Martinez 1992-94 Miller *6 Peggy Fox Peggy Fox 1992-94 Brock 7 Fred Hill 1992-:14 Mayor 3 Curtis Ramsey Larry Bailey 1992-94 Perry *5 Rey Trejo Ann Hatch 1992-94 Hiller DATA FROCEjSINO ADVISORY BOARD DIET CURRENT MEMBER NOMINATION TM COUNCIL *2 Rcsa Lawton Rosa Lawton 1992-94 Smith 3 Robert W. Minnis 1992-94 Perry 4 Brian Scott 1992-94 Cott r DORNTOUN ADVISORY BOARD DIST CURRENT MEMBER NOMINATION TERM COUNCIL y e *3 Geneva Berg Geneva Berg 1992-94 Perry i 4 BeBe Olufsen 1992-94 Cott i i *5 Fred Patterson Joy Williams 1992-94 Miller *6 Barbara Philips Michael Flanagan 7992-94 Brock *7 Rahna Raney Rahna Raney 1992-94 Mayor f ELECTRICAL CODE BOARD DIET CURRENT MEMBER HOMINATION TE COUNCIL 3 John Hardinger John Hardinger 1992-94 Perry 4 David Martin Don Fox 1992-94 Cott *1 Robert Hicks Robert Hicks 1992-94 Chew * - Individual nominated and approved No * - Individual nominated but not approved - no nomination i i w,r , Y I -vOdaNo lal A 9 Date _S ~„IvT^ern • ~xnN1RIC COMMISBI2 TERM COVNC ~ PM CURRENT MEMBER DOMINATION Kenneth Morgan 1992-94 Perry *3 Kenneth Morgan Judy Cole 1992-94 Mayor *7 Judy Cole 1992-44 Smith 2 Mary McCain Jim Kirkpatrick oEAU9ME 91QaTTB9 NOMINATIDI( TERM DIST gURRENTMEMBER Pat Muro 1992-94 Brock. *6 Jim Bendzek 1992_94 Mayor 7 Lawrence Cochran 1992-94 Smith 2 Terry Garrett Kent Miller q Sandy Kristofersen Sandy Kristofersen 1992-94 Cott ."PON HBAOTIFUJ~ B0 D NCI NOMINATION DIST u RF.pT M_EMBEIZ Charlye Heggins 1992-94 Chew 1 Dave Boston Luar,ne Hicks 1992-94 Brock *g Gertrude Gibson ' 1992-94 Mayor i 7 Betty Kimble 1992-94 Perry *3 Kandice Gandel Kandice Gandel Bill Watson 1992-94 Cott I 4 r.rta~Y SOl1RA I I NOMINATION TM DIST ZjIEMBER Kjell Johansen 1992-94 Mayor *7 Xjell Johansen 1992-94 Perry *3 Kathy Pole Kathy Pole Ema Ruth Russell 1992-94 Cott q Jean Schaake * - Individr.al nominated and approved No * - Intividual nominated but not approved - no nomination f Blow- Y r" -;gendaNo AgenVleoy PARES AND RECREATION BOARD Dale N OAS DIST CURRENT MRE*lg NOMINATION TERM CO' *7 Tom Judd Tom Judd 1992-94 Mayor *2 Loyce Wilson Loyce Wilson 1992-94 Smith $tANl1INfl AND SONINfl COM_lt7a_arnu DIST CURRENT MEMB g NOMINATION TM COUNCIL *3 MikQ Cochran Mike Cochran 1992-94 Perry *5 Jim Engelbrecht Ellen Schertz 1992-94 Miller *6 Katie Flemming Katie Flemming 1992-94 Brock PLU!lBINfl AND MEC~~►SiIC r roDE BOARD DIST CURRENT MEMB R NOMINATION TERM COUNCIL *5 Millard Heath Millard Heath 1992-94 Miller *6 Lee Ca ~ S pPs Lee Capps 1992-94 Brock *1 Jeff Peploe Jeff Peploe 1992-94 Chew i. ~ I ~ raBLlc OTILITIBB BO nn i DIST TRENT MEMBER NOMINATION TERM *6 Roland Laney George Hopkins 1990-94 Brock $ION BOARD OB ADPRara DIST 90MENT MEMBER NOMI_ N~ A_ IN TERM i.OUNCIL 1 Harry Eaddy Spencer Washington 1992-94 Chew 3 Ann Houston (ALT) Ann Houston 1992-94 Perry *7 Mike Wiebe Mike Wiebe 1992-94 Mayor * - Individual nominated and approved NO * - Individual nominated but not approved - no nomination i 1 a ~gendaNo 9~l' 02 r Agvdalte:rL. Uate TRAF'EIC SAFETY COMMISSIO DIET CURRENT MEMBER NOMINATION TERM COUNCIL 6 VACANT 1992-94 Brock *1 Kathy Devine Kathy Devine 1992-94 Chew *2 Eric Jackson Eric Jackson 1992-94 Smith 3 George Kay Mark Coomes 1992-94 Perry 4 Edna Redmon Larry Luce 1992-94 Cott CIVIL SERVICE COMMISSION SEAT CURRENT MEMBER NOMINATION TERM *3 Charldean Newell Charldean Newell 1991-94 Harrell i DENTON HOUSING AUTHORITY SEAT CURRENT MEMBER NOMINATION TERM } 1 Derrell Bulls 1992-94 Mayor I { 2 Rudy Rodriguez 1992-94 Mayor i THP1► BOARD OF DIRECTORS v SEAT CURRENT MEMBER LOMINATION TE f .r *1 Tom Harpool Tom Harpool 1992-94 Council ACC00128 * - Individual nominated and approved No * - Individual nominated but not approved - no nomination f i r F d4 END OF l FILE