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AGENDA `k~
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CITY OF DFNTON CITY COUNCIL
November 1, 1994 ' - 9
Closed Meeting of the City of Denton City Council on Tuesday,
November 1, 1994 at 5115 p,m. in the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered)
NOTE$ THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO I
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE. i
1. Closed Meetings
E
A. Legal Matters Under TEX. GOVT CODE Sao. 551.071
10 Consider action in City v. Juren and Alexander,
j (MLK Center)
}
2. Consider settlement offer relating to Tina Jackson
claim.
3. Consider settlement offer for claims of Frederick
James Johnson, Sr. and Arron T. McCoy, at al.
B. Real Estate Under TEX. GOVT CODE Sao. $51.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Selz. 551.074
Work Session of the City of Denton City Council on Tuesday,
November 10 1994 at 6100 p.m. in the City Council Chambers of City
Hall, 215 E, McKinney, Denton, Texas at which the following items
will be consideradl
NOTBt A Work session is used to explore matters of interest to
one ox more city Council Members or the City Manager for the
purpos of giving staff direction into whether or not such matters
should be placed on a future regular or special meeting of the
council for citizen input, City Council deliberation and formal
city action, At a work session, the City Council generally
a receives informal and preliminary reports and information fror City
staff, officials, members of City committees, and the individual or
organization proposing council action, if invited by City Council
or City Manager to participate in the session. Partioipat:,Jn by
f individuals and members of organizations invited to sp:,a% ceases
when the Mayor announces the session is being closed to public
input. Although Work Sessions are public mestinge, and citizens
i have a legal right to att6nd, they are not public hcaringe, so
citizens are not allowed to participate in the st,ssion unless
invited to do so by the Mayor. Any citizen may supply to the City
Council, prior to the beginning of the session, a written report
s regarding the citizens opinion on the matter being explored,
Should the Council direct the matter be placed on a regular meeting
agenda, the staff will generally prepare a final report defining
the proposed action, which will be made available to all citizens
prior to the regular meeting at which citizen input is sought. The
purpose of this procedure is to allow citizens attending the
regular meeting the opportunity to hear the views of their fellow
citizens without having to attend two meetings.
}
City of Denton City Council Agenda
November 1, 1994 ApandaNo Q~F
Page 2 Aget
Dat~da4te~~,►e I
~.:.A1~4
6100 P.M.
i. Hold a discussion and give staff direction regarding the f
desirability of
committee. forming a Capital Improvements Citizen f
.
2. Hold a discussion regarding TNPA activities and give staff
direction.
30 Discuss and give staff direction regarding Council attendance
at the UNT and TWU Board of Regents meetings.
Regular Meeting of the City of Denton city council on Tuesday,
November 11 1994 at 7100 p.m. in the Council Chambers of City Hall,
' 915 L. McKinney, Denton, Texas at which the following items will be
I considered)
7100 p.m.
10 Pledge of Allegiance
24 Consider approval of the minutes of the September 6, 1994 City
Council meeting.
30 Consider an exception to the noise ordinance for the Capracho
Show at the North Texas Pairgrounds on November 19, 1994 from
8100 post, - 1100 a.m.
s 4. Hold a public hearing and consider adoption of an ordinance
district to co mercial-conditioned from(Cfa
site(Cis
located on the south side of University Drive a
490 foot east of Primrose Street at 1801 W. Universl
ityDrive. f
(The Planning and Zoning Commission recommends approval 4-0.)
56 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
d4signes to implement each item in accordance with the Staff
rt,canmendations. The City Council has received background
information and has had an opportunity to raise questions regarding
f
these items prior to consideration.
Listed below are bids and purchase orders to be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda item 6.A.
6.B.). This listing is provided on the Consent Agenda to allow
council Menbers 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.
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Agenda No Au
City of Denton City Counoil Agenda Adendalte ' l
November 1, 1994
Pale 3
Y7
A. Bids and Purchase Orderst
10 Change Order - P.O. 040402 - Steele and Freeman -
DMC Renovation
Be Contracts
1. Professional Services Contract - Alan Plumaat
6. Ordinances
A. Consider adoption of an ordinance authorizing the
execution of a obanaae order to a contract between the
City of Denton Steele i Freeman; and providing for a
k decrease in the contract price. (5.A.1.)
S. Consider adoption of an ordinance approving a contract
between the City of Denton and Alan Plummer and
Associates to provide professional services required to
obtain an amendment to the City's wactewater discharge
permit from the Texas Natural Resource Cons.rvaticn
Commission.
C. Consider adoption of an ordinance adopting new prevailing
wage rates for publio works construction work for use in iii
y, the solioitation and awarding of contracts for public
works projects in the City of Denton; providing for a
repeal of any ordinance in conflict therewith) and I
providing for a severability provision.
P. Consider adoption of an ordirsn4a vacating a certain
sixteen foot wide sanitary sewer easement, beginning on
the south side of McKinney Street (P.M.426) approximately
920 feet east if Glen Gary Way, measured along the
t frontage of McKinney Street, and proceeding
southwesterly, as recorded in Volume 695, page 350 of the
deed records of Denton County, Texas. (The Planning and
Zoning Commission recommends approval.) {
Be Consider adoption of an ordinance approving the 3994 tax
rolls.
P. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement between the City of
;i Denton and the Denton. Housing Authority.
09 Consider adoption of an ordinance approving a cortrect
prov.1 ling for the exchange of certain seal property owner'
by the City of Denton and Terrano Realty, Ino; ark`
providing for the repaal of ordinance No. 94-196.
7. Visiar rodate
84 Miscellaneous matters from the City Manager.
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j City of Denton City Council Agenda 498ndaNo. Q
November 1, 1994
Page 4 apendalfe
9 ~ 91/
I 90 Official Action on Closed Meeting Itemas 1
!A, Legal Matters
` B. Real Estate
` C, Personnel
D, Board Appointments
I 10. New BusiGess
? This item provides a section for Council Members to suggest
items for future agendas,
11, Closed Meetings
F 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
Sso. $51.074
s
r C E R T I F I C A T S
! I certify that the above notice of meeting was posted on the
bulletin board at the City Hail of the City of Denton, Texas, on
the day of , 1994 at o'clock (a.m.)
CI SECRETARY
.
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NOTES 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
a: r HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING, PLEASE CALL THE CITY
SECRETARYOS OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICE8 FOR THE DEAF (TDD) BY CALLING 1-800'-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH C
THE CITY 8E6'RETARY'S OFFICE.
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CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, Tt:XAS 76201 TELEPHONE (817) 6668307
Office of the City Manager
MEMORANDUM
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TOt Mayor and Members of the City Council
FROXt Lloyd V. Harrell, City Manager
A ~
DATSi October 26, 1994
I i
8VBJi1Tt Formation of a Citizen Capital Improvement Committee
In
On October 4, 19441 a draft resolution was presented to the Council
creating a Citizen Capital Improvement Study Committee. After a
brief discussion this item was tabled to a date certain, that being
the Council meeting of November the let. Thus, this item again
Mia .,r J . appears on your agenda.
The draft resolution attached is exactly the same as the one
presented on October 4, 1994, except the interim report about the c
"5 Fire Department needs has been deleted from the process. This step
was taken because of the instructions given to the staff at the
4 last council meeting regarding Fire Department needs and because
4' ya; major concerns have been expressed earlier by several Council
Members as to the appropriateness of using a citizen committee to r
study the various aspects of the fire protection situation.
k
Therefore, the resolution which is attached calls for the
appointment of a fairly large and. hopefully, broad based citizen
group which can comprehensively look at all of the capital Y
t' improvoment needs of the city and submit formal recommendations to
" E} the Council. Hopefully, these recommendations will form the basis
of a comprehensive, multi-year capital improvement bond issue which
R can be submitted to the Denton voters. With that in mind, we would
like to strongly suggest that the Council postpone the creatior of
this committee until late spring or early summer of next year, s
This recommendation is male for the following reasonst y
t 1. Funding has been provided for 1994/95 Capital r.
Improvements and thus immediate additional funding 13 not
necessary.
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"Dedicated to Quality Service"
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AMM
71
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Mayor and Members of the City Council Agendalt
October 26, 1994 'ate
Page 2
2. Ideally, a Citizen's Capital Improvement Committee should
file their formal recommendations with the City Council
only shortly before an election is called to authorize
the various projects. Such a schedule is helpful in
order to ensure the timeliness of the recommendations and
to make use of citizens who served on the committee in
I the campaign to inform the voters about the various
proposals. Since we have been aiming for a Fall 1995
election, the appointment of a Citizen's Committee in the
Spring would better serve this particular schedule.
3. Contained within the 1994/95 city budget is the
administration of a citizen survey. A later date for
commencing the work of this citizen committee would allow
feedback from the survey to be considered by the
committee and Council in ietermining capital improvement
+ r priorities.
4. A spring/Summer schedule might better facilitate the
participation of city staff and volunteers. Currently,
both staff members and many hundred volunteers are
working hard on the community visioning project.
+ Hopefully, that project will be nearing completion during
the Summer of 1995, and thus, the volunteers and staff
would have more time to work on the capital improvement
effort. In addition, there may be somo ideas generated
y, from the visioning project which need to be considered as
part of any bond proposa}. I
2 look forward to working with the Council to finalize the capital
improv ant process.
r Llo3(d V. arrU
City Manager
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AMM00585
Attachment
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RESOLUTION NO. log q
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A RRSOLUTION CREATING A CAPITAL IMPROVEMENT STUDY COMMITTEE! AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton will soon exhaust funds from the
voters in December of
lam'.
approved by the
19961 and
WHEREAS, accordin7 to the adopted capital improvement Program
for the City, there is a continuing need to construct capital
iv+provements within the City1 and
WHEREAS, the Council has, in the past, appointed a citizen's
committee to prioritize items to be submitted to the voters in a
genoral city bond election; and
WHEREAS, knowledgeable citizens can provide valuable insight as
to the needs and priorities of the community; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HERESY RESOLVESt
SECTION I. That a fifty member Capital Improvements Committee
is hereby created and established and given the charge to develop
a comprehensive Capital Improvement Program it can recommend to the
City Council for passible submittal to the voters within the next
year.
9ECTION i, That in appointing the committee, each City
.=noilvemb*iwill be responsible for submitting seven Daman of
fi. citizens to serve on the Committee and the fiftieth pcirson will be
a Chairperson selected by the entire city Council..
ACTION III. That City staff is directed to provide assistance
II to the Committee as determined by the Chairperson and members. E
IECTIO IV, That the final comprehensive capital improvement
report shall be submitted to the Denton City Council no later thai%
t
aECTION V. That this resolution shall become effective
i immediately ,-,on its passage and approval.
i
PASSED AND APPROVED this the day of .1994•
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SOD CA'3TLESERRY, MAYOR
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JENNIFER
+ i( St7NIFER NAVI'ERBj CITY SECRETARY
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APPROVED AS TO LEGAL FORMI
DEBAR A. DRAYOVITCH, CIT1 ATTORNEY
14
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CQUNCII
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DATE: November 1, 1944
CITY COUNCIL AGENDA ITEM '
TO; MAYOR AND MEMBERS OF THE CITY COUNCIL
i
FROM: Lloyd V. Harrell, City Manager
SUBJ: RECEIVE UPDATE ON TMPA
a,
{ Tom Horpool, TMPA President, and Bill Giese k- are Denton's hvo board members on f
the TMPA Board will be at the work session to update the Council on the activities ol
TMPA.
1 4
r F ` t SUMMARY/BACKGROUND: r,
,f In 1975, Denton, Garland, Greenville and Bryan, (Cities) created TMPA. TMPA's j f
purpose is to provide reliable low cost power to the cities. Denton and the cities have i
111 "full requirement" contracts with 'TMPA to provide electrical power and energy.'
Denton's and the cities responsibility is to guarantee the bonds of TMPA and to pay for I;
that power and energy which presently provides Denton with 44% of It's power and
6S% of It's energy regnirements. j a
t,
Major changes are taking place In the cempetitiveness of the electric utility industry that y
will require major changes by TMPA to meet those challenges. TMPA is presently I
finalizing a self-developed strategic plan and is finalizing a major study that bas r'
Investigated fuel conversion from Texas lignite to Wyoming Coal at their Gibbons Creek
400,000 KW Nwrr plant. The study also investigated plant repowering and/or power
purchaws).
i Denton and the cities futures are vitally affected by TMPA and these upcoming
decisions. Dalton and the cities will need to be observant that TMPA makes dechlons
i that are in alignment with the needs and desires of the cities.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
FISCAL. IMPACT:
r ,
Respe
SW* submitt ,
Lloyd V. Harrell
City Manager
Prepared by:
E" Nelsou, Executive Director
Utilities
- War
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No
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CITY OF DENTON CITY COUNCIL MINUTES Z 9
September 6, 1994
i The Council convened into Executive Session on Tuesday, September
6, 1994 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry] Mayor Pro Tea Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council considered the following in Executive Session:
s
A. Legal Matters Under TEX. GOVT CODE Sao. 551.071
S. Real Estate Under TEX. GOVT CODE See. 551.072
t
Co Personnel/Board Appointments Under TEX. GOVOT CODE
Sao. 551.074
The Council convened into a Special Called Session on Tuesday,
September 6, 1994 at 6:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry] Mayor Pro Tom Brock; Council Members
Chew, Cott, Perry, Miller and Smith. 1
ABSENT: None
1. The Council considered approval of a resolution supporting
legislative action to make a technical correction to the Texas Open
Meetings Law to authorize governmental bodies to consider the
appointment of board and commission members in closed session.
City Attorney Drayovitch stated that this resolution was prepared
at Council Member Millerls request and supported a legislative j
change to equalize the treatment for appointment of board an3
commission members of a governing body.
Council Member Cott stated that it appeared that several years ago
the practice was started to make all possible deliberations public.
He asked for an explanation as to why Council Member Miller wanted
to change that procedure. j
Council Member Miller stated that until two years ago, Council was
able to discuss boards and commission members in executive session
just as they could do with officers of the City. The change was an
ginion from the Attorney General dealing with a State Board and
s opinion was that all boards and commissions at the city level
would be included in that opinion. Policy decision making boards
were not affected. He was suggesting that a change be made to
return the procedure to the way it citizens of the community in the same manner employes of the City
were treated. The resolution was requesting a technical correction
to the Attorney General's opinion.
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City of Denton City Council Minutes Da1e ll- _ 2 q
September 6, 1994
Page 2
The following resolution=was considered:
NO. R94-049
A RESOLUTION SUPPORTING LEGISLATIVE ACTION TO MAKE A TECHNICAL
CORRECTION TO THE TEXAS OPEN MEETINGS LAW TO AUTHORIZE
GOVERNMENTAL BODIES TO CONSIDER THE APPOINTMENT OF BOARDS AND l
COMMISSION MEMBERS IN CLOSED SESSION1 AND PROVIDING AN
EFFECTIVE DATE.
Miller motioned, Chew seconded to approve the resolution. On roll
vote, Brook "aya", Cott, "aye", Miller Pays", Smith "aye", Chew
"aye", Perry "nay", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
2. The Council held a discussion and gave staff direction,
rigarding the 1994-95 fiscal year budget.
City Manager Harrell stated that this session would balance the
budget in preparation for the formal ordinance adopting the budget.
During the budget process, which started in Juna, major budget
issues were identified which needed to be decided on in order to
l balance and finalize the budget. Staff had provided a series of
alternatives and made a recommendation on which alternative to
proceed with for each major budget issue. Tonight Council could
j work through those issues to balance the budget. council had had
F an opportunity to add major issues to the budget and each of those
additional items would also be discussed. f
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The starting place for the discussion was the additioi, of two items
to the budget as presanted to the Council. One was the staff
recommendation for a 24.54 reduction in the, property tax rate of
$.7479 to $.5645 per $100 valuation. If Council accepted the staff
recommendation, there would be a surplus of $236,910 for the
budgeta The second adjustment was a need for dollars for street
lighting as this item was underbudgeted by $35,000 resulting in a
positive balance of $201,910.
l
A. General Fund
1. General Fund Reserve Level - this was the approrriate
fund balance to carry over year to year to respond to an ear%rgsncy.
It should not be not too low so that there would not be enough
funds for an unexpected emergency and it- should not be iiet too high
to over tax the citizens. In the past, the established reserve
level was at 8-104 of the general fund revenue. She proposed
budget had a 104 fund balance in the general fund whict•would allow
for a sizeable amount of funds to be released. In the proposed
1
Agan~aHo U -
City of Denton City Council Minutes Dte_ Z
September 6, 1994
Page 3
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budget, 621 of the amount would be used for one-time expenditure
itAma such as capital improvements. The staff's recommendation was
for a lot reserve level.
108,5% level as 1 level as consistently in the
Council Member Cott suggested h deben a an
last 5-6 years there ~
council Member Perry felt more comfortable at the 10% level 4
considering there might be a need for those funds in an emergency.
Consensus of the Council was to tentatively set the reserve fund
level at 101.
i. Revenues
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a) sales Tax - it General Purpose Tax - All s issue
1 dealt with the percentage of sales tax growth projected from this'
year to next year. The recommendation from the s'64ff was a'4%
growth in the it sales tax revenues. 1f Council wanted to increase
that figure, every percent of il.,:rease was $69,0o0. staff felt
that 41 was very conservative but it was felt that it was better to
be conservative rather to go over budget.
Mayor Pro Tom Brook stated that she would be making some proposals
later which would require additional expenditures and felt that 51
would be reasonable and conservative.
Council Member smith stated that the 41 or 51 would be in addition 1
to the 10* growth realized this year. The 101 was already figured If
into the budget and assuming that it would continue, tho 41 would
be an anticipated growth above the 101. Under those terms, she I
would prefer to stay with 41. {
Mayor Pro Tom Brock asked if the projection was a 141 growth over
the current income. :y
City Manager Harrell stated that as the revenue estimates were
made, it was estimated that the growth rate would come in at about
10.51 which was the bass number to project the growth for next
year. Ten percent was built into the floor of the rate. Staff
felt it should be increased 41 for next year.
Council Member Cott felt comfortable with 41 and that there,would
not be a risk with that figure.
Mayor Castleberry felt that 41 was a good figure.
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AgendaNo aY-436
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SepCity Denton City Council Minutes Agendalterri-
Page 4 thfa l!-~ 9 N 4
Council Member Miller agreed that 51 was still conservative and
based on what was seen, would be appropriate.
Consensus of the council was to remain at 41.
b) Sales Tax - 1/2 cent to Reduce Property Tax -
one charge of Sale Tax Advisory Committee was to work with the
Finance Department t:w reduce the property tax. The proposed
budget, using the formula provided by the State, indicated that the •
one half cent sales tax would generate sufficient revenues to
permit a 16.721 reduction in valuation or a reduction of 22.8; in
the City, property tax rate. The other reduction which was built
into the budget was due to the increased valuation which allowed
the actual tax rate to decline and a small decrease in the
effective rate. This issue did not required a Council decision as
it was provided by law6
c) Property Tax - currently the proposed tax rate
k,. was 8.5645 which was a 24.52= reduction over the current rate.
several options were available to the Council. if the Council went
to the effective tax
rate which was the amount which would provide
an offset for the half cent sales tax and an offset for the
increase in assessed value, the tax rate could be increased to
$.5689 which was a 23.931 decrease in the tax rate. This rate
would generate $320,000. The highest the rate could go was $.5860
which was 31 above the effective rate and would generate $644,000,
if the Council decided to have a 251 property tax reduction, the
new tax rate would be $.5609 and generate $168,7096 if the Council
wanted to break even, the rate would be $.5520 which was a 26.191
reduction and would generate $101.
Mayor Castleberry proposed a 251 reduction in property tax.
Council Member Cott felt that the City Manager recognized that the
City had explosive growth and was in the process of completing such
growth. The City needed sewers, parks, roads, fire engines and
personnel.
Council Member Miller asked to keep this item open at this point in
time. He felt there was a need to look at whit needed to be
provided and what services to provide for the next year. He
suggested waiting to see what the numbers added up to and where the
money was coming from.
I
Council Member Perry agreed with the 251 reduction which was not a
large difference in money.
Council Member Chew agreed with 251
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AgoodaNo SU Q3p__
Agendalt~
City of Denton City Council Minutes Date_ I{-{-t{~
September 6, 1991 6 Z Q
Page 5
Council Member Smith tentatively agreed with the 253 tut wanted to
leave open if needad,
Mayor Castleberry stated that the consensus was a 253 rate.
10 Pay Plan Adjustments - the recommendation was for the same j
increase as was granted last year. The average increase would be
4.61 with Civil service also at 4.6%. The increases would be
staggered beginning January 1 through April 1 of next y,sar.
Consensus of the Council was to proceed with a 4.63 increase for
pay plan adjustments.
Council Member Cott st+lted that a study had been done to determine
the bast way to pay employees but for several years it cou",d not be
done as the dollars were not available. In the past few years, it
had been possible to grant increases to the employees. '
Counoil Member Smith ask*d for an explanation of the Mercer study.
City Manager Harrell stated that the Mercer study performed a
comprehensive pay plan study of the City and where it was rtlative
to the market and then recommended a pay system for the City. The
study looked at City positions and determined where in the market
those positions were. Asi part of the study, Council adopted a
philosophy to pay employeeN at a midpoint of the competition.' Each
year a survey was done to determine where the market was for
employees.
44 Benefits Adjustments
t
a) Health Insurance - the budget had projected an
83 increase in health insurance rates. Harris had proposed two
options for medical coverage for the next year. One option would
not change any of the benefits and would result in a 03 increase.
That option would save $110,000 overall and $66,000 in the general {
fund. The second option was a 2.5; decrease in premiums and would
necessitate a change in the prescription drug program. Currently
an employee paid $10 for each prescription. The proposal would
charge $10 for a name brand prescription and $5 for a generio drug
plus a few minor changes in the smoking cessation coverage and
implant birth control devices. If the second proposal were
selected, $87,285 would be returned to the general fund and
$144,822 returned to all funds. It the second option were
accepted, it was recommended that $38000 be left in the account to
help fund half of the cost of a smoking cessation program for 6
months for the employees.
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'bendaNo N "C8
City of Denton city council minutes ABBndali
September 6, 1994 Date
Page 6 ? d~ ?
f
Mayor Castleberry asked if the Employee Insurance Committee
recommended the second option..
City Manager Harrell stated that the Committee was not unanimous
but the majority of the members present did favor the change, j
Consensus or the Council was to proceed with a 2.5% decrease and
with the smoking cessation program for $3,000.
b) T.M.R.S. - last year the Council approved an increase in '
the level of contribution into the plan from 51 2-1 match to a 6%
j 2-1 match. The City was still on the low and of the contribution
rate with competing cities with most oitias participating in a 74
~ 2-1 match. Staff was not recommending the 7% level as other budget.
needs needed to be addressed fire--. This was an ongoing issue and
should be considered at the budget session in future years.
Council wanted to go to the 7% this year, $250,905 world have to be
added back into the budget.
Consensus of the Council was to proceed with the staff j
I, recommendation to remain at a 64 2-1 match.
50 Positions - the recommendations for positions were divided
of maintenance positions, reinotated
to three major categories
iu
of level of service for the
positions and positions of enhancement
aitiaer~s.
a) Police Jailers • these positions were required
for the now City jail. Three additional jailers would be hired to
assist the current three jailers on duty. This would provide 24 ;
hour 7 day a week coverage with an associated cost of $710600.
Consensus of the Council was to proceed with this hiring.
b) Library Staff for Denton Public Library South -
these positions were required in conjunction with the opening of
the new branch. The recommendation was to hire four full-time I
employees effective January 1, 1995 to staff the branch library. ;
The total cost would be $770635. I
Consensus of the Council was to proceed with this hiring.
0) Facilities Management Part-Time Janitor -
currently facility management staff came in on an overtime basis to
look and unlock city facilities. This position would be assigned
those duties rather than paying the overtime.
Consensus of the Council was to proceed with this hiring.
a:.
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City of Denton City Council Minutes +AB~►d8N0 3
September 6, 1994 4gendalt
Page 7 7E3te t I • of
°b 9
d) Parks Maintenance Light Equipment Operator and
f Grounds Keeper at South Lakes Park - the park would be under
{ construction this fall and would have associated maintenance
responsibilities. Two and a half employees would be hired
effective April 1, 1995. Their primary responsibility would be 1
South Lakes Park.
Consensus of the Council was to proceed with this hiring.
)ition nimal in Control a prior year.his position was a
replacement of a pos
Consensus of the Council was to proceed with this hiring.
f,
f) Building inspections Plans Examiner - this was
a recommendation to hire a plans examiner in Building Inspections.
Since 1990 the number of building permits had increased by 36* and'
the number of inspections had increased by 24%. In prior years
this position was eliminated due to the lack of building activity.
With the, current activity, there was a need-for this additional
position.
' a {
Consensus of the Council was to proceed with this hiring.
g) Engineering - Eliminate Street Supervisor -
Eliminate Engineer - Add Engineering Technician 11 - While one
position was being added in this area, two positions were being
taken out, The Strut Supervisor position would be eliminated and
be incorporated into the management responsibilities of the city
Ennggineer. An Engineer in the Transportation area would be
iI sinated due to reorganization. The proposed position was a
lower level position of Engineering Tech iI which did design work
for street reconstruction, etc.
Consensus of the Council was to proceed with this hiring.
Council considered item
E J) Legal Part-Time Prosecutor- the proposal would
increase the part-time prosecutor position to full time or from 30
to 40 hours per week. This request was driven by the court of
Record change for Municipal Court. The cost of the position was
58,910.
Consensus of Council was to proceed with this hiring.
Council considered item i)
A"A
1
~BeadaNo L
City of Denton City Council Minutes 14endal~ s f
September 6, 1994 ate
Page 8 -
i) Cable Tele isiOn Administrative intern -
time addition would ass at with
Council televisin this quarter
meetings. g work sessions for the
Consensus of the Council was to proceed with this
hiring.
h) Police Officers - these positions would be hired in
ottic reJanuary, at a Cost of $40000 which would allow the hiring of two
Because of the Crime Bill, it was hoped that the City
j would 4e able to add 5-6 offlcere to work in the
Consensus of the Council was to COPS program,
proceed
60 other Agency Contributions with this hiring.
( contained an allocation of $300,000rfor lthe hvarious agencies.
E $150,000 would come. from the posed budget
! funds. That represented an eneral tunQ.and $150,000 from CDBC
+ funding and $1700 in increase of $50,000 in Block Grant"
allocation, general fund funding from the current
`Counoil Member. Chew left meeting witial interest as he was a member of the SPAR Board eof Directorsl, of
Consensus of the Council was to
' proceed with the recommendation.
76 Transportation
and Handthop transportationrservices. the funding level for SPAN
to Council, allocated $82426 to SPAN foTrhe
Han budget, as recommended
service, This represented an increase overdthe curs me yearlof
$23$ 799.
y
! Consensus of the council was to proceed as recommended.
Council Member Chew returned to the meeting.
8. Tax Exemption for Persons over 65 - in the 1988-89 budget,
Counoil decided to proceed with a plan to raise the exemption to
E $25400, Over the years the amount had boen increased b ~
Year to a level of 21 000, Y 81000 per
1902-93 budget. $ Thera
had been no increase in the cuent recommendatiowould increase the amount to $22,000;000 and the 4
amount was $2l
Consensus of the Council was to increase the exemption by $1,000 to
$22,000.
t~
ltandaNa`A4 -C%
City of Denton City Council Minutes AAandalt
September 6, 1994 Date- I_l
Page 9 /Q~ t c~
90 Reserve Fund
a) Fire Reserve Fund - the current reserve wos at
j $2480000. council built this fund over a number of years since
19,17-88 and in X991 began to use that reserve. As in the past, the
recommendation was to use $50,000 for the next year and was
included in the budget proposal.
Consensus of the Council was to ase part of the reserve fund.
b) Hotel/Motel occupancy Tax Reserve Fund - this
fund was established a few years ago by Council in order to have a I
teserve for special projects or unanticipated needs for these I
funds. The wstimated balance for this fund was $145,000 and staff
F was recomiondinq to use $124,190 to allow the funding of a new roof
at the Civic Center which was an eligible use for these funds.
y Mayor Pro 7-em Brock suggested investigating thi cost of adding a
kitchen to the facility to gain more rentals.
City Manager Harrell stated that the long range space plan called
for Barks and Recreation to be relocated to the Service Center.
After that, the Civic Center would be renovated so as to return the
current office space to meetings rooms for rental.
Consensus of the Council was to proceed with the recommendation.
10. Street Improvements - a council priority was to continue
directing resources for street improvements. $810,000 had been
programmed for repaving, reconstruction and maintenance of City
streets in addition to bond funds. This represents& a major
increase from previous allocations.
Consensus of the council was to proceed as proposed.
116 Consulting Assistance - three different programs were
recommended for consideration in this budget. The first program
was the investigation of establishing impact fees for the
community. The cost for this consulting firm would be 9100,000,
$75,000 from the utility fund and $250000 from the general fund.
This did not commit the Council to go forward with the process but
would l, $25,00 could nbe added to the general fund,il esired. it the did not go forward
Council Member Cott felt that impact tees were not needed in
Denton.
Consensus of the Council was to proceed with the recommendation.
'~esdaNo.`qu'`~3bb
City of Denton City Council Minutes agQrzG81t@ ~
September 6, 1994
Data page 10
11 o~ 2.q
The second item dealt with the investigation of the data processing
system. It had been a number of years since there was a major
upgrade of the system and this would help establish a long range
plan in this area. The cost would be $50,000.
Consensus of the Council was to proceed with the recommendation.
The final area was a consultant to work with the zoning ordinance
for the City. This would be a land use expert in the legal field
who would review some of the items proposed by the Zoning Task
Force for legal compliance. The cost of this study would be
$25,000. }
Mayor Pro Tom Brock stated that the recommendations of the Task i}
Force had been completed for some time and last year the City could j
not proceed with the consultant due to budget constrai;%te. Ths~
proposed zoning would present greater flexibility for developers.
A consultant was needed for a good bass of evaluation.
Consensus of the Council was to proceed with recommendation.
12, Cable Television - currently the proposed budget contained
enough dollars to televise the regular and work sessions of the
council, There were no additional funds to expand televising such
as the Planning and Zoning commission meetings and informational
smrations about City operations. To do that would require $32,000
r for an additional person. The budget contained the funds needed to
continue what currently was being done.
Mayor Pro Tea Brock felt this was too large a jump and increase at
th s point in time. An alternative form of funding might be
available. for this project. She agreed with the staff
recommendation to not fund the extra expenditure at this point in
t ills,
Consensus of council was to pcaceed with the staff recommendation
to televise work sessions and regular sessions of City Council.
13. Senior Center Doors - the alternatives for automated doors at
the Senior Center included (1) a door sisilar to one at City Hall
" for $2960 or {2) an automated door such an at a grocery store for
' $7000. Couno(ii had indicated a preference for alternative (2).
Consensus of the Council was to proceed with $7000 doors for the
' senior cantor.
;4. Space Expansion - City Hall West - the Engineering and
planning Departments would be moving into this facility. Currently
V
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City of Denton city Council Minutes Agendafter S 2 _
September 6, 1994 ate
page 11 0g 2`1
included within bond funds for renovations.
e was $22,601
they
~
There were two concerns regarding this building. One was that this
was a relatively small amount of money to take on such a
renovation. The second was that money was not provided to install
an automatic sprinkler system. An estimate for that system would
be $50,000 and with addition to the budget only have to be made oifdcouncil~w anted to
E
include that item.
Mayor Castleberry felt that there should be funds for sprinkling
and funds for renovations. He suggested rounding the figure off to ±
$300,000 for renovations and sprinkling.
Council Member Cott felt there was a need to delay that move for
several years until the fire concept was resolved.
Council Member Miller felt that there was a need to continue with
the sped plans. He had a question concerning the sprinkling of the
f building and the request for enhancement funds from the
transportation funds. The City had a high ranking at this time on
I the reg_onal level and wondered if the timing of the renovation
E
.
project would allow the City to wait to receive an newer on hose
11 F :t, funds before expending funds.
Rick Svehla, Deputy City Manager, stated that the Highway
i Commission would consider the project at its November 30th meeting.
Council Member Miller asked hov this would relate to the Cityfs
expenditure of funds for such a project.
City Manager Harrell stated that it would coordinate just fine. if I
the project was included on the 30th, there would be time to make E
a decision on whether or not to make that expenditure.
Council Member Miller asked what would happen if the item were
placed in the budget and then not used. Would the $300,000 be
available to use for renovation or $300,000 less the $50,000 Par.
the grant.
City Manager Merrell stated that would be a Council deoioion.
Council could direct staff to set aside $50,000 for sprinkling if
the City did not get the grant and $20,000 for additional
yemoney ar. set aside
renovations, tyitr to next the
for the sprinkler system would roll over
Council uggestion to° vie Miller this issue stated as independent of other decisions.
s
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City of Denton City Council Minutes {ABndBNo
September 6, 1994 `~8g~daltem~
Page iT
r 30~2~
Council Member Smith stated that she was in favor of setting the
money aside in the event that the City did not receive the grant.I
If the city was trying to get others to install a sprinkler system,
the City should lead the way.
Council Member Perry felt that the City should proceed with this
being a part of a long-range plan and that plan should include the I!
sprinkler system.
Mayor Pro Tom Brock agreed with the concept of setting aside the {
money for the sprinkler system. She stated that the building would
require extensive renovation for the new departments. { I
Mayor Castleberry stated that the CounoilOs recommendation was to
not aside $77,399 for the City Hall West renovation project. *t f
the City received the grant for a sprinkler system, the $500000,
would be reserved for future use. This would allow the City to
j „ remain on schedule for City Hall West.
134 Space Expansion - City Hall - the City Hall renovation project
was scheduled to start in a year with $224,000 set aside for
renovation which was not a large amount for the renovations
necessary. Additional funds would be an alternative for this
budget. The way the schedule appeared, it would be possible to
delay consideration of this item for few months and delay some
decisions to fiscal year 1995-96.
Mayor Pro Tom Brock stated that she was in favor of delaying the
decision until the naxt fiscal year. I 1
Council Member Miller stated that he supported the idea of !
deferring the Atom for several months. He felt it would be a i ~
burden to put this project and the City Haft West project in the
same budget year.
i
Council Member Cott felt that this would be a delaying of funds and
not an elimination of funds. This Council could not bind i future
council with their decisions. He suggested delaying both buildings
for several years and solve the downtown problem.
i
Council Member Perry stated that he was in favor of encumbering the
money and moving ahead with the plans.
Counoil Member Smith stated that she was in favor of delaying the
project for several months. The renovation of City Hall West might
take more time than planned.
f
+gendaNo S 2
City of Denton City Council Minutes 4gar~do^~te .QL
September 6, 1994 OaS9
Page 17 P /I
Qq
i
City Manager Harrell stated that the $2200000 that was set aside
for the renovation of City Hall came from specific bond allocations
for building construction and could not be diverted Par other use. j
The supplemental funds could be diverted but not the bond funds.
Mayor Castleberry stated that one problem with dalaying the project
would be the escalating costs. Since the City did have the bond
money for the project he would like to continue with the schedule
as this was not money out of the general fund.
Mayor Pro Tom Brock felt that there were three positions on the
issue • one to put the project on hold, one to delay the project
for approximately three months until the next budget year, and one
to continue with the current schedule.
Mayor Castleberry stated that if the project were kept on schedule,
it might be possible to defray some additional costs. in the next'
budge year, the project would have already started and it mi ht be
possible to include funds from that budget year for the pro~aot.
Mayor Pro Tom Brock stated that the delay would only be for three
months until the next fiscal year.
Council Member Perry stated that the money for the project was
available in bond funds and that the project should proceed on
schedule. He was not in favor of slowing the process.
Council Member Miller asked that if the project would proceed on
schedule, would $224,000 be included in this budget but not the
funds for the sprinkler system and other items.
Mayor Castloharry stated correct.
Council Member Mj.ller felt that there might be a problem with a bid
proposal which only had the items which the $224,000 would cover.
Mayor Castleberry stated that interest rates might also be a
factor.
Council Member Chew felt that it would be wise to delay the project
for three months and look at what the project would cost as there
would probably be more costs than anticipated.
Council Aember Cott stated that he did not want to scrap the
project but to delay it for one year. He asked if bond funds had
to be used for such a project.
r.
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City of Denton City Council Minutes q U )
September 6, 1994 gendaHo.
Page 14 3gaASaltB
late __rf f - 9
City Hanatter Harrell stated no but that bonds had already been sold
for this project. Any additional funds added to that amount could
come from general funds, the selling of certificates cl obligation,
ate:
Council Member Perry asked if City Hall West was included on a list
of one-time expenditures. i
City Manager Harrell replied no that there might have been some
furnishings included on a list of one-time expenditures but the
major renovations were not included in that listing.
Council Member Smith asked if it would take a year for City Nall
West to be completed.
City Manager Harrell stated that the tentative time line indicated f
that it would ba completed in about June/July of 1995. 1
Council Member Smith stated that bids for City Hall would not be
i iot`until that time.
City Manager Harrell replied that bids for City Hall would be taken
in July/Aug of 1995.
Brock motioned, Miller seconded to delay the decisions about
funding the City Hall renovations until the next fiscal year. on
roll vote, Brook "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "nay", and Mayor Castleberry "nay", motion
carried with a 5-2 vote.
16, Juvenile Diversion Task Force - the Task Force recommendations
were to establish a teen court to deal with juvenile offenses and
pprovide a counseling servl.ce for referrals for the teens, The
total cost of the recommendations including a small revenue loss
for the Municipal Court wat' $22,009. This would implement the teen
court and the counseling service assuming that the DIED would fund
1/2 of the cost of the two programs and the City fund 2/105 of the
program.
Council Member Miller stated that he supported the expenditure of
$22j000 for the program and urged the DIED to match 1/3 of the
pro act, There would be many hours of time donated from others for
this program and the recommendations were very impor, ant for the
citizens of Denton.
Consensus of the Council was to proceed with the staff
rocommendation t. spend !'.22,009 for th, projrr..
0
City of Denton City Council Minutes AQt NO aq
September 6, 1994 Agondalte
Page 15 [late /L -q
1601 2R
17. TTRIPS Funding - this was a DISD program out of the Fred Moore
School which helped keep young mothers in the school system by
providing day care expenses. As of February 1, the DISD funding
would lapse and there was a need for $12,000 for the program or it
would be terminated. There was a suggestion that the City consider
allocating $6,000 for the program provided the DISD matched the I
allocation.
Mayor Castleberry asked if this was a one-time expenditure.
City Manager Harrell stated that the request had been presented to
kesp the program going this year and there might be requests for
future years. The City had an involvement in the program last year
with CDBG funding, The Block Grant Committee decided to not fund
the program for next year.
Mayor Castleberry asked if there had been an indication from they
DISD on whether they would continue funding.
receive 'federal funding for stated project the but it didonottmate iy would
alize,
Next year they would receive federal grant funds. The Human
" Services Committee did support the program.
Council Member Cott stated that the DISD needed to get this program
going but the City needed to be careful that it did not have to
continue funding each year.
Consensus of the Council was to proceed with the recommendation to
fund $6000 for the program.
18. Visual Arts Center - Fans - the proposed tans would help
improve the cooling system at the Visual Arts Center at a cost of
$1600 for 8 fans in the major meeting area.
Council Member Cott asked if the Center had the responsibility for
the fans.
City Manager Harrell stated that that was a policy decision which
could !a made. The lease Lgreement with the Visual Arts Center
provided that the City would consider major expenditures which
might be necessary, That wis a policy decision of the Council as
' to whether the City should fissums some of those responsibilities.
Council Member Smith stated that prior discussions included looking
into the necessity of replacing the air conditioning system and
this action was a moderate approach to cry and add cooling to the
building.
yr k
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A aMdaNo qq- X86
City mb Denton City Council Minutes Ag3Adallg
September 61 1944
Page 16 Da.e 17 og
Council Member Perry stated that the Visual Arti, Center was used by
many different groups and the investment would make the facility
more suitable for such users.
Council Member Cott felt that not all taxpayers should have to pay
for those who liked the arts.
Mayor Pro Tom Brock stated that it was not just people interested
in the arts who used the building but all kinds of groups. This
was a broad based community building with the support of many in
the community.
Consensus of the Council was to provide $1,600 for fans in the
Visual Arts Center.
19. Fire Station Location - options available for this item,
includedt (1) continue the status quo with the operation of
Stations 20 3, 4, and 5 and having central olosed. Central would
be the, administrative headquarters for the department with
ambulance services available during the day, This was a no cost
i option with no budget implications. (2) Reactivate Central and
make it a working station. To make the Station ready, there was an
option to use some of the $200,000 in the Fire Reserve fund to make
some of the most critical repairs to allow Central to be used on a
permanent basis. If $20,000 were spent for furniture and $200,000
1 for repairs there would still would be some major additional
expenditures needed to be made to keep Central operational (3)
Reactivate Central on a temporary basis with no repairs to the
buildin . (4) Construct a rsplecement station for Central near the
Carroll/Eagle area, This option had been discussed at great length
by the Council prior to closing Central, This option would use a
portion of the $200,000 in the Fire Reserve fund and purchase
property for a future station for Central.
Council Member Smith asked if option three were selected, where
would manning and equipment come from.
City Manager Harrell stated that he would review item 20 which
dealt with the fire station manning issue.
20. Fire station Manning - Options for manning inoludeds (1)
keeping the status quo with current staffing and operations with no
cost to the City. (2) 180 Standards indicated that the City was
short 36 firefighters at a coat of $1.3 million to make up that
deficit. Those standards should be used as guidelines and Denton,
with a very limited tax base, would not measure up to any
recommended stiffing level. (3) Open Central immediately by using
$200000 funds to temporarily occupy the building. This would be
e
i
~sn~aNo
City of Denton City Council Minutes kgoedalto
September 6, 2994 I9
Page 17
done with no additional manpower. In order to free up a crew to
au ladder staf
t uckt w uld be full-time
out basis
of without
services transfer sothose
truckindividuatals to
downside eofethapumper trucks t option wass and place that
only one ladder truck and if taken out of commission, there would
be no aerial support or a delay of aerial support to a working
f
ire. The aerial truck at Central would not be effective as that
truck
t ruck sod itt wohave any
not be effective et truck
place worked a ladderh truck pat
Central. (2) The ladder truck provided back-up support for the f
front line ambulance assistance. To remove the ladder truck would
decrease in effectiveness of the ambulance service. Chief Cook
3 suggested that if the Council purchased a quint, it could replace
the ladder truck. The cost of a quint was $60,000-70,000 for a i
I truck lease purchase but was not as expensive as personnel costs.,
Council Hember Miller stated that there was a R
combining of option 1 which deal with the hiring of new persotnynel.
City Manager Harrell stated that staff had been asked to develop an
option on the of toot hiring 3 firefighers in January 1995 and three
more in July 1995 would have. In the July time frame there was a
battalion chief near retirement and once he retired, would not be
replaced but would be replaced with 2 new firefighters. It was
estimated that the cost for hiring three new fire fighters in
January 1995, one in July and two with the retirement of the
b
attalion chief plus overtime for minimum manning and the benefits
for
battalion chief 6 0months would downside pass was
before
he was ready for service due to training needs, If this plan
seemed acceptable to a majority o* . the Council and Council wanted
to proceed in thin manner, he would suggest a phased plan would
allow Chief cook to work with his management people to develop
race. •nendations for the best metho: 3f deployment. This was not ran
instant fix, Incresents of three ps.-sonnel was essential due to the
ecbed,j~ing of the Fire Department. 14) Maintain current operations
but allocate funds t r an additional one or two fire fighters at a
cost of $27,000 for one and $54,000 for two hired in January. This
would not improve operations but would help with overtime costs.
(5) :f Central were reopened immediately and the ladder crew
transferred, there was a possibility of putting on an additional
ambulance during peak hours and staff three ambulances a.,W time
during DN hours of V d,iy. That cost • ,..'d f $160,00 B
houraq • a n! 130000 for 12
21. Ambulance Transfers - there was a recommendation that the City
consider providing exclusive EMS patient transfer service, if
i
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City of Denton City Council Minutes q ~0~a!t8
September 6, 1994
Page 18
19d~ 9q .
done, sufficient revenues might be generated to pay for the
improvements needed by the Fire Department. A preliminary legal
review of state law did not give the City the authority to become
an exclusive provider. If the City were to go into the EMS
transfer business, it would have to do so on a competitive ncn-
exclusive basis. options for the EMS were (1) not enter the EMS i
business and (2) enter the transfer business on an experimental
basis to determine what kind of revenue would be generated and what
kind of work load would be placed on current personnel. If done,
' the firefighers would be placed on an overtime basis to provide the
staff needed to make the transfers. '
f' Mayor Pro Tom Brock stated that she intended to make a proposal to
add 6 f iref ightere to the department, three in January and three in
July. If these firefighters were added, would that be helpful to
Chief C,-)ok and in what way.
i I
Cook replied that the additional fire fighters would be very
helpful. He had always felt that Denton did not have an adequate
and sufficient number of fire fighters. Much of the issue had
focused on fire protection while most of the department's business
was medical services. Any personnel would he welcomed to the Fire
I Department and cook urged Council to start to correct the
Department's personnel problems. However, he would have a problem
if the Council asked him to staff an additional fire station,
Council Member Cott asked it it were understood what the citizens
in the downtown area wanted and why they were at the meeting,
Cook replied as and that he was appreciative of the support of the
citizens. Historically there had always been a station in the j
downtown area. Response time should be addressed through fire
detection and fire sprinkling systems. He felt that if there were
a fire in many of the buildings on the Square, the City would not
have sufficient personnel on duty to deal with the fire,
Council Member Miller asked Chief Cook if he would have a problem
opening a new station if six more fire fighters were added and if
Cook were able to deploy them as needed.
Cook replied that it would depend on timing. If Council wanted to
open a station immediately, the beat option would be to hire
individuals back to man the other ambulance with overtime.
Council Member Miller asked if personnel could be added this year
and more in the future, would six more individuals help with the
option to temporarily reopen Central and to look at a site near
downtown. He felt that those options would go together. Reopen
Central when additional personnel was available. He asked if there
E
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City of Denton city council Minutes Ageltla!1
September 6, 1994 Dale
page 19 o eg z9
would be better fire protection by having the downtown station
opened.
Cook replied if there was adequate staffing, there would be better
fire protection downtown. In prior discussions with Council, it
was noted that staffing six stations would give the best response
time and the best fire protection. The decision was made to
operate five stations and it had been determined which five would
be beat. Council decided to close Central based on that
determination. He had always been a public advocate of sprinklers
and technology and felt that there was room for improved efficiency
given the current staffing. But fire fighters put out fAres in the
final analysis. He stated that given the people he would work out
the plans for Council consideration.
Council Member Cott asked if an alarm system would work downtown.
Cook replied that early detection was critical but unfortunately
fire alarms should not be confused with sprinklers. Alarms wero
not a substitute for sprinklers.
Council Member Perry asked Cook to review some of the positive
aspects of the Fire Department.
Cook stated fire protection was not exclusively the lire
department. It was an entire package such as public education 1
programs, fire inspections, and community development program for
.
r rehabilitation of substandard housing The street program and
water system was excellent to the fire stations. The response time
to the community was nuch improved as was the safety for the fire
fighters with additional apparatus.
Council Member Smith stated that in 1990 th4 City's rating had
increased from a 5 to a 4 with a 1 being the best.
Cook replied that the 1990 ISO rating was improved from a 5 to a 4.
Mayor Castleberry stated Cook had indicated that water pressure in
the downtown area was not adequate.
Cook stated that historically there had been some deficiencies in
the southern portions of dot.nt.own area. There wore some concerns
along Carroll Blvd.
Mika Gregory stated that central Denton was more than the downtown
Square. Sprinklor systems were good but would not take care of a
residential firs in that area. The Piro Department supplied
ambulance service but sprinkler systems did nothing to assist the
~ I
t
City of Denton City Council Minutes
September 6, 1994 AQAtid9NG C~'!~.
oat Page 20 Aga d2'(I 4
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Department with a car accident. Ambulance service was critical as
a fire service. There were major churches in the area and
currently there was no ambulance service in the area. Rather than
reducing the tax rata by 254, he suggested reducing the rate by 224
which would provide an additional $400,000. Nine fire fighters,
the number to man the Central Station 24 hours a day, at a cost of
$40,000 per fire fighter was $360,000. Reducing the tax rate by
224 rather than by 254 would pay for those fire fighters. There
was 200,000 in reserve which would provide funding for the
$
renovations to the Central Fire Station. There were many
residences and businesses in the area.
Ken Gold presented options for hiring six fire fighters which was
included in the agenda back-up materials. With more personnel, six
stations could be manned. Options for personnel would be to (1)
hire six fire fighters in January and not open Central but create
four man engine companies. This was the national standard and were
48% safer and over 504 more efficient. (2) Keep a truck company but
not include Central. (3) Opening Central with 6 people. This
would keep 3 ambulances which were needed. (4) This option added 2
people, opened Central, had four man ambulances, no truck company,
and included the transfer service, This was a negative scenario in
E which more people,were added but the situation would be worse. The
Fire Fighter's Association encouraged a task force to study the
issue of patient transfer and the issue of which stations to run,
I
*to.
Mayor Castleberry indicated that the following speaker cards had
been received from citizens who did not wish to address the
Councils Arleen Morrison, Rsnas Sealy, Arthur J. Seely, Norma 0.
Seely, Joe M. Funk, Vernice Funk, Bettie Ann Huggins, Jake Craven,
Mabel Craven, Ken Frady, Dow Huggins, Art Seely Jr., John Schrader,
Bob Shaw, Lamar Ball, Mike Bardwell, Holly Hervey, Willie Malone,
Pat Courtney, Dennis Snider, Eddie Woodruff, Chuck Schenck, Carol
Mills, Karen Atchison, and Phil Bronkhorst.
Lamar Ball believed that the Denton residents were not receiving
adequate protection. He felt that it was a fraud that the City
thought it was giving adequate protection. He felt that the City
would pay for the lack of adequate fire protection sooner or later
when there was a major fire.
Ken Cold stated that the Council had several choices for funding
for new fire fighters. The proposal by Mr. Gregory or the use of
the reserve fund were post, ible choices for funding as was the sales
tax projection which could safely go to 51 or higher. The key was
minimum staffing for the Department.
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City of Denton City Council Minutes ~eodaNo
September 6, 1994 AAandall
page 21 X18
22rJ~ Zq ~Council Member Smith asked Gold for the safety record of the
fire fighters in the Department.
Gold replied that he did not know.
John Schroeder stated that the citizen response toy the issue showed concern
of the ele of Deton not areathe
the situ ion in general, The ouncilc ontrolledtthe
destiny of Denton.
Arthur Seely stated within the last two weeks there was a fire i
f which probably could have been handled with one or two trucks but
that there were extra trucks at the fire because there was not
enough fire fighters to handle the fire.
Cook replied that lire trucks were taxicabs for the fire fighters,
A fire usually required onll one or two pieces of equipment but
because fourteen people Mere heeded on a scene, more trucks were
needed. It was felt that fourteen was minimum number of peraonnel
needed to provide support functions for a fire.
Seely stated that he understood that last week there %as a 911 call
to the extreme northern section of town. All the ambulances were
out and it was necessary to use a reserve ambulance and a reserve
crew from the Teasley Station.
Cook replied there were two ambulances staffed full time and the
truck crew staffed the ambulance in District l with a back-up
ambulance at Stations 4 and 6, Every engine was equipped with
advanced life support equipment and could do everything which an
ambulance could do except for transport. When t.e third and fourth
medical call was riceived, problems were experienced,
Council Member Smith stated that much of the council's planning was
long range planning and decisions were not; rushed. Council made
the decision to close Central in 1991 and it was a rationally aide
decision. The indications were that coverage was quite
for the Square and the response time was adequate, None aofgthat
had changed, The Square and the downtown area still had
protection. The current discussion was about the degree of
protection. T! or* were many other problems in the City which would
require attention in the next year. Her recommendation was that
after the,buu^vst was settled, a CIP
committee n&tabli program be started and o
shod
to
work
on
those
projects would be where new fire stationslwore needed and howfmany
were needed. The City had tremendous dra'iage problems in Denton
and A research program was needed on what to do about that
situation as well. This would take time but if started soon, it
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City of Denton City Council Minutes
September 6, 1994 L$10 11~!-G4
Page 22 Vrfl)
would be a move in the right direction. She felt that the City had
a good record of fire prevention and good education in that area.
In order to move forward, she felt the solution was to work toward
a CIP committee to oversee these issues. These were major capital
investments and she recommended this step after the budget was
finalized.
Mayor Pro Tem Brock agreed with Council Member Smith that long
range planning was needed, that there were many capital needs in
the City and would support a task force for CIP projects. That
would not preclude taking some action at this time. She noticed
that the prior decisions were not made on the basis of optimal
coverage but on the basis of expenditures - how could money be
saved. It was concluded that there was not enough money to keep
six stations open. There was a great deal of pressure to provide a
fire station south of interstate 35 which was the site of the news
Station Six. Throughout the discussions, thera were comments that'
there were budget constraints that directed this. it needed to be
noted that these might not have bean ideal decisions based on the
fact of having not enough money. In part of the 1991 materials,
f` she noted an option that a citizen's task force be formed to
recommend a station closing schedule, a new station location and
the use of the closed stations, This would probably be
incorporated into the CIP proposal. These materials also indicated
a need for more fire fighters and that the City was understaffed
and that as soon as financially possible, more fire fighters would
bo added. She considered Item 200 Level of Manning, a separate
issue from the location of stations. Whatever was decided in
regards to station location, steps needed to be taken to increase ;
staffing. She had originally planned to recommend that three fire
fighters be hired in January and another three in July for a cost
of 8118,000 for the first year. That amount would M. doubled in
the next fiscal year. During this eveningfs discussion, she was
inclined to propose the hiring of six fire fighters in January and
three in July for a cost of 8199,000 which would be doubled for a
full fiscal year,
Council Member Miller asked if Item 20 could be considered at this
time,
Mayor Castleberry stated yes if Council so desired.
Council Member Perry stated that this was the fourth time to
consider this item and did not as* a reason to chango the order but
if the majority of the Council desired, he would not object.
Council Member Miller questioned that this was the fourth time
staffing had been looked at.
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City of Denton City council minutes ada le 0 _
September 6, 1994 ~i nU~x~_
Page 23 . OT 9
Counoil Member Perry stated that the entire problem had been
discussed a number of times since he had been on Council. He felt
that Council Member Smith was proposing to set the entire problem
in the context in the er.tire needs of the City and not in a
particular issue.
k Council Member Miller stated that the minutes of July 1991
indicated that the only reason staff was looking at the option of
operating five stations as opposed to six was the cost of yearly
operation. This was tied in with the number of people which the
City could afford to deploy. He felt that the citizens wanted more
fire fighters and were willing to pay for them. Conditions had
changed since 1991 and 1992 and there now was the funding available
to respond to the need for fire fighters.
Counoil'Member Smith stated that manpower should come under they
providence of a CIP due to the large sums of money involved. The
locations of the fire stations was primary to this as then it would
be up to the Chief to determine what manning was needed. The
Council's policy was where the stations should be located.
Mayor Castleberry did not see a'reason to change the agenda order
and asked Council for a consensus.
Consensus of the Council was to remain in agenda order.
ites 019 - Fire Station Location
q' Council Member Miller suggested leaving this option open and
depending on staffing, determine when a station could be opened.
if the money wore included in the budget, then the option was there
to be used. If the dollars were not included in the budget,
nothing could be done. He suggested including $200000 for the
possible reopening of Central subject to manning and timing.
Consensus of the Council was to not include Council Member Miller's
f suggestion in the budget.
Item 020 - Fire Station Manning
Brock motioned, Miller seconded to add six fire fighters in January
and three in July with the provision that deployment would be left
up to the Chief in consultation with his management people. The
Council was not directing the Chief on how to deploy those people.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay",
Chew "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed
with a 3-4 vote.
City of Denton City
September 6, 1994 council Minutes
bernis~~o
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Page 24 Aga-L t S~
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Hayor Castleberr 5
2
transfer system witho to adding staff had recOmmerded a
temporary
Consensus of the Council was to deter the issue until a later date.
"I
zz• Additional Part-Time
submitted b Help at MLK - S
Y the Parks Department but did tnot wgot as a package
approval. If the Council wanted to include this item, ranked for
have to be added to the budget. $7, 494 would
Council Member Chew indicated that this because of the additional e ifrom aTomas at
adequate staffing for programs. Rivera i
and
Consensus of tke Couhoil was include the item
in
za• Tax Exemption for Disable th- budget.
this it d Persons Item
If
It would
not 9 o i Council implemented'
into affect in this budget year and there
were no immediate dollar implications. Next
ex a nuum~ of individuals would qualif Year, assuming the
$34000 exemption level would Costs $zdid for
the DIED
exemption level which was the same as the DISD. Would and a $10451,
000
d cost $7,4S1~
Mayor Castleberry statr
.~d
for the next budget year, that this would set the wheels i
In motion
C
Chow motion
0000
came ndod t
UV he a
spas the Dlgp, flow for the exemption on the /
r "aye", smith "a On r ll v~ote4 Brock "aye", Cott, , hew eye" Perry "aYe"► acd Maye
Castleberry "aYe■. k!at on carried unanimously. Y +
ayor,
?
Working Capital
1• Warehouse Courier -
the working capital ous which $244969 would be financed
this service !
futd . There would would charge using departments for
d to Impact on the general fund.
Perry motioned, Smith Ncond be no
roll vote, Brock kayo", Cott " proceed with the courier.
Chow "aye"4 Perry "aye,10 and Mayo", as le "aye", smith "aye 0n
carried
or
Y Cnst
ed unanimously.
1 "
berr "
Y aYe , Motion
Co Utilities
1 • Electric
a) Rates It Base Rate Increase/it ECA rate
increase - the Public
Utilities Board
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City of Denton City Council Minutes Ag~ndale
September 6, 1994 WO _A]
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Page 25
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recommended the increases as noted. The Rl rate would be reduced
per the pledge of Cis sales tax election for lower income
residents.
Consensus of the Council was to proceed with the recommendation.
Mayor Castleberry stated that he had a Speaker Card from Carol
Mills on this item who indicated that she opposed an increase in
the utility rates.
b) Positions - 3 full-time positions of a senior
engineering roduction an electronic technician in communications
and one operation/maintenance trainee in production. Two worker
years of temporary years were added and the Information Coordinator
position was transferred to general government with partial
support.
Consensus of the Council was to proceed with the recommendation.
A street rental fee which was recommended by the Public Utilities
Board would be included in the budget to hold dorm the wastewater
increase.
20 water Mates - 2% increase -The Public utilities`
Board recommended 21 increase in this rate and no positions were
requested.
Consensus of.the Council was to proceed with the recommendation.
i
31 Wastewater
b a.) Rates - at increase - The Public Utilities Board
recommended an 6% increase.
Consensus of the Council was to proceed with the recommendation.
bi Positions - the one position requested was an
environrent montoring technician which was required by EPA
regulations for testing and monitoring.
Consensus of the Council was to proceed with the recommendation.
t 46 Sanitation -
a) Rates - Residential - 7.67%
Commercial 8%
Landfill - $i.00/cubic yard increase -
Consensus of the Council was to proceed with the recommendation.
14X
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City of Denton city Council Minutes qr~a ~~;tA
September 6, 1994
Page 26
23 og 29
b) Positions - three full time positions were i
proposed. A dispatcher in commercial, a recycling coordinator and i
a senior engineer who would be transferred from the Water
Department and one worker year of temporary hours for
administrative interns.
Consensus of the Council was to proceed with the recommendation.
D. Other Budget Issues
Council Member Miller stated that the branch library would not be
adequately furnished due to past budget constraints. The Friends
of the Library had raised a considerable amount of money but had
not met their goal. He suggested adding some funding to the Library
budget for furnishings.
City Manager Harrell stated that the budget had some allocation&*
for books and reference materials. The Friends of the Library had
set a goal to raise $200,000 for additional books and for new
furnAure. Currently the Friends had raised $350055 toward that
' goal'and had set a t'.ms frame of October 1994 to conclude their
fund raisingo
council Member Smith agreed with Council Member Miller and the need
to furnish the library. There was also a need for taped books in
tho libraries which might be another consideration.
i City Manager Harrell stated that there was interest money in the
bond account for possible use at the Library.
Council Member Miller suggested using $50,000 at the Library for
furnishings and books.
Council Member Chew arked if this would be in addition to the
interest funds. He suggested using the total reserve for the
Library.
Council Member Cott stated that the Library knew they would have
old furniture and would have to raise money and still decided to
proceed. The Council could not find enough money for fire fighters f
but would give the Library $200,000.
Council Member Miller felt that each item on the budget was
independent and separate. He understood.that the council felt that
there was no need for additional firs fighters. When the budget
was prepared for the Library, it was the same as for City Hall
Nest. It was thought that the dollars would go further than they
did.
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City of Denton City Council Minutes A~~"u&t8 2
September 6, 1994
P i~(3 1
Page ge 27
Council Member Cott stated it was not his intent to compare this i
item to the lire fighters.
Mayor Pro Ten Brock stated that the request did not come from tho
Library - that council had asked for the information. It was the
CounciP s responsibility to make adjustments to the budget.
Don White stated that the money should be earmarked for books and
others should produce a place to sit.
Council Member Chew indicated that his vote was not to not put on
new fire fighters. His vote was to do it in a systematic and
orderly way. He felt that Council Member Smith's recommendation {
was valid.
Council Perry suggested using the $97,492 and the interest money
furnishings and books and tapes for the Library.
Consensus of the Council was to proceed with the recommendation.
Smith motioned, Chew seconded to approve the proposed changes in
' the budget package as noted on the Council board.
Council Member Miller stated that he was reluctant to vote on the
motion due to the decision on the fire fighters.
He did not feel ~
including the item in the CIP would help the problem as it would
possibly take years. He felt the decision was not good.-'
on roll vote, Brock "aye", Cott, "aye", Miller ways", Smith ,may*
{
Chew "aye", Perry may*", and Mayor Castleberry "aye". Motion k
carried Wunimously.
Mayor Castleberry stated that the Council courld now vote on Package
A General Fund 1-5 omitting items 6, 70 i31 140 16, 17, 180 and 22,
23, at and including the utility items.
Smith' motioned, Chew seconded to approve the Package as indicated f
by the mayor. on roll vote, Brock "aye", Cott, "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
aye Motion carried unanimously.
Council Member Chew left meeting with a potential conflict of
interest.
Council considered Items 6 and 7.
4gondaNo -
City of Denton city Council Minu A9.,+?dait Z
too
September 6, 1991 EW'g-g~
_ Page 28
Smit) motioned, Perry seconded to approve items 6 and 7. On roll
Note Brock ways", Cott; "aye", Miller "aye", Smith "aye", Perry '
;aye , and Mayor Castleberry „aye". Notion carried unanimously: {
With no further business, the meeting was adjourned at 1100 p.m.
t :r
SOB C1ISTLE9BRRY, MAYOR
CITY OF DENvON, TEXAS
JENNI ER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CTV of DENIM,, rEXAS MUNICIPAL BUILDING DENTON,
j TEXAS 76201 TELEPHONE (8 i7) 566-M7
Office of the City Manager
CITY C(MCIL REPORT
! Tot Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATES November 1, 1994
SUBJECTS Request for an exception to the noise ordinance for the
Capracho Show at the North Texas Fairgrounds on November
19, 1994 from 8300 p.m. - 1:00 a.m.
BACKGROUND
Julia LoSoya, representing the Capracho Show Band, has requested
that the City Council grant an exception to the noise ordinance for
the use of amplifiers and loudspeakers at the North Texas
Fairgrounds on Saturday, November 19, 1994, from 8300 p.m. until
1:00 a.m. (Attachment 1)
As you know, the noise ordinance declares loudspeakers, amplifiers, ,
and musical instruments a noise nuisance,
: f p.m, Monday through Saturday and anytime ona Sunda after 10:00 ~
y (At Attacfioent 2). r'
The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
Ms, LoSoya Indicated to Staff that the band rents the Exhibit Hall
+5 at the Fairgrounds approximately once each month for their
functions (Attachment 3). In addition to renting the Fairgrounds,
they also hire two to four Denton Police Officers for every show to
a " xI= patrol the inside and outside of the building. The officer's have r.k
Indicated to Ms. LoSoya that they could nothear the noise beyond
y, the Pair gates.' However, because they have received complaints !
from two of the neighboring residents, the officers suggested that r;
she contact our office to seek an exception to the noise ordinance.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED3
Area Residents.
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"Dedicated to Quality Service"
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Fiscal Impacts
None
Please advise if I can provide additional information.
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LLY SUBMITTEDt
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Prepared Bye
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Administrative Assistant 11
Approved Bye
~ ' ,.,,E ASIM Por tnga nt to the City; Manager
S 1 ~ ! k r1
r ! ]1Etaclutsntri 1. Letter from 'Julia Lo3oya
2, Noise ordinance k.;
3. Map
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I Attachment 1
~geadaido
October 20,1994 ~gaacalie
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To Whom It May Concern:
My name is.iulia LoSoya and i am a representative of the Capreccho Show (an 1
is band). We rent the exhibit hall at the Fair grounds in Denton for our functions
E Hispan
f which ate usually on Friday nights from 8:00 Pm to 1:00 am, Sergeant George always I
{ signs our rental form from the Fair Grounds. We also call Sergeant George to hire two
e the building for every show. }
to lour police officers to patrol inside and outski
Lately, the same two people have been complaining about the music, however,
the attending officers have told us that the music level is not bud enough to warrant a
complaint because it cannot be heard from the Fair gates. (Me officer suggested that
we get a Noise Nuisance Ordinance form for the next time so that if there are any
complaints we would be covered.
Our next function Is on Saturday, November 19, 1994. We would like to receive
the NOW Nuisance Ordinance, even though the traffic on Saturdays usually drowns
out any sound from the band. Pease advise me on the procedure.
Thank you for your help.
Sinoer lY, t
` ~JKUli& LOSOya d
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Attachment 2
Chapter 20
gendsNo a
NUISANCES'
i 4+~3nd3118
1 art. L In General, if 20.1-20.30 kle u
Art. II. Abandoned Property, if 20.31-20.70 -"U
I. Generally, it 20.31-20.40
Div. 2. Motor Vehicles, if 20-41-20.70
Art. III. Grace and Weeda, It 20.71-10-73
ARTICLE 1. IN GENERAL
Sec, 20.1. Noise.
'a) It shall be unlawful for any person to make or cause any unremnably loud, dis•
turbing, unnecessary noise which causes or may cause material distmu, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
N It shall be unlawful for any person to make or cause any noise of such character,
Intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
j (c) The following acts, among others, are declared to be noise nuisances in violation of this i
Code, but such enumeration shall not be deemed to be exclusive.
{ {1) The playing of any phonograph, television, radio or any musical instrument in such i
MUM or with such volume, particularly between the hours of 10:00 p.m. and 7.00
&m,, as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen•
j sibaities in any dwelling, hotel or other type or residence; '
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such mahner '
or with such volume as to annoy or distptrb person of ordinary esnsibtlitiee in the
S
Immediate vicinity thereof, prrtieularly between the hours of 10:00 P.M. and 700
f S. - s.m., or the operation of such loudspeaker, amplifta or musical instrument at any I
4 , time on Bundy, pmvWW, bowever, that the city couaW may make exceptions upon
applkatloe when the public interest wW be served thereby;
(3) TM blowim of to stains whistle attached to any stationary boiler or the blowing of
z• sell' othee fond or hr•rpehis:g sham whistle within the city Umits, except to glue j
notice of the time to begin or stop work or su a warning of danger,
(4) The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through
I 'Cron referents-protected migratory bird roosts declared nuisance, f 8.87; ins
and aba►•ement warrants,; 19.88 et pection
reat(ond vehicle yaks, if 32.91. seq.; insect and rodent control in mobile home and r".
J
$U* Na 1 1389
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120.1 DENTO.N CODE 'g q*ko
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Saturday; provided, however, that the city council m issueete - f
ec,
work at ether hours in case of urgent necessity and in he interest of public safety ands b
convenience;
(5) The creation of
any loud and excessive noise in connection with the loading or un•
loading of any vehicle or the opening or destruction of bales, boxes, crates or con•
tainers;
i
161 The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show,
mots theatres !
on picture house, sale of merchandise or display which cause crowds or people to
block or congregata upon the sidewalks or streets near or adjacent thereto,
(Code 1968, it 14.20, 14-211
Cross reference-Mimal noise, 16.26.
Sec. 20.1. Odors
fa) It shail be unlawful for any person to create or cause any unpleasant or strong odor which causes material distress, discomfort or Injury pernoxious
sons oly noon o,
ordinary sensibilities in the Immediate vicinity thereof. i
(bl It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfem with the comfortable
enjoyment of private homes by persona of ordinary sensibilities
(c) The following acts or conditions, among others, ors declared to be odor nuisances in
t violation of this Code, but such enumeration shall not be deemed to be evluslve:
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar
animals are kept or fsd which disturb the comfort and rc places where
sensibilities; Pbee of persons of ordinary
42) Offensive odor Irons privies and other similar places;
im Offensive odors fta the use or
. activities which Poee+uioa of chemicals or i~em industrial prooeases or
disturb the comfort and repo* of persons of aensibili
~Y flea;
(4) Offensive odors tme smoke morn the burning of trash, rubbish, rubber, chemieale ne
' j other thlap or stib"ncae;
(5) Offend" odor ftam stagnant pools allowed to remain on any premises or from
rotting Sa bW reAme, offal or dead animal on any premiaea,
(Code 19% !114.2'1, 14.23) f
Sec. 20.1, Oarb&&, trash and subblah oulasnoea-Oeneraily,
' W Storing or keeping garboge, trash and rubbish. The storm or
f stacks, beeps or piles of old lumber, refuse, g keeping of any and all
garbage. trash, rubbish, vxap material, ruins, cars or pe WrtImachlnlishe pare thereof,
~ Y demolished structures or
!3 buildings, piles of stones, bricks or broken rocks on any premiss bordering any public street
I
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DATE: November 1, 1994 ti'""• "
CITY COUNCIL REPORT
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TO: Mayor and Members of the City Council y
FROMs Lloyd V. Harrell, City Kanager
i SUBJECT: Consider the rezoning of a .3903 acre site from a
° General Retail district to Commercial - conditioned.
RECOMIENDATIONi
see attached report.
SUMMARYI
See attached report.
HACXaROUN
See, attacchad report.
EPIRTMN OR OROUP3 AFFECTEDS
MUMS, D
Property owner and lessee.
y
FI {!rjTIRPAC'1'1
None.
Respeo ully submitteds'
Prepared by: Lloyd .Harrell, City Heger
0. Won YostN0 SLA' - : '
Urban Planner
{ Approveds r.
y`~ ~ I 1
Frank N. Robbins AICP
i Executive Director
! Planning and Development I
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REPORT n at
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Tae Denton Planning and Zoning Commission
Case Vogt Z-94-027 Meeting Dates Octobee 26, 1994
GENERAL 'INFORNATYON
{
t Appli6ants Glen McBride
1619 Lnuralwood °
Denton, TX 76201
Cntrent,owners First state Bank of Texas
*eauested Actions 'Rezone a .3903 aore site from a, general
retail (OR) zoning district to commercial
conditioned (C(c))•
Loeatioa 'and siwet Ths site is located on the south 'hide of
University 'Dr., approximately 490 ftil. east
of Primrose St.o at 1801 W. University Dr.
The building proposed to be occupied, by
Glongs Pawn Shop was formerly occupied by
t Denton Tool i Fastener Co, The hove was
promulgated by the recent fire on the
Square.
surrounding Land vss and soningt
:
North - The rigqht-of-way of U.S. 380, across from
which is a Taco Bell and a Big Baby stores
commercial (C) zoning. r
South - Single-familyy residences) SF-7 zoning.
East - Sonic drive-in reateuranti general retail
(GR) zoning.
! West - Long John Silver restaurant) general
f retail (GR) zoning.
040ton Development Plant
Study Area No. 24t moderate intersityt
over allocated at 138%.
I
1 4gnndaNa H'
Agandaf( S
Pale
j BUCIAL IWORNATION -oaf ?i
j,
' I Transportation=
The
proposed change will not impact the
transportation infrastructure.
utilities$
The proposed change will not impact the utility
infrastructure.
Drainages y
The proposed change will not impact the drainage
i infrastructure.
RIBTOAY
The land has been toned general retail (GR) by map since the
j adoption of the Zoning Hap of the city in 1969.
' ~ 110'1'IpICi1TxONt
f On 10/14/94 23
~ , property owners within 200 !t, of the sits:. 'r
were notified of the proposal. At this writing, two responses* '
have been returned in favor, and one opposed.
s i 7W►LYSxe ,
Y A site in a moderate activity node is allocated 350 intensity f
trips per acre. This particular site, being .4 acre, it w.j
-'all6cated."140 intensity trips according to the Dentc+n
` Development Plano Or the us& it allocated 60 intensity trips
per 10000 aqi ft, of building. However, both the former use
} and the p'roposed' use are in the game "ccrmme'rcial/retail"
category, so there is no actual change in intensity allocation
( is according to toning.
rY ltlOQf11WID11'fxOM
Staff recommends approval (4-0) of Z-94-027 based on there
if
being no change in the intensity allocation, with the f
following conditionsr
t
1. The height be limited to two stories (23 feet), j
2. All general retail uses in commercial (C) zoning, plus j
"pawn shop.N
j
JA
Now
AL'PRk]IAT=V=9 ~ k`
1. Recommend application.
2. Recommend application with additional conditions.
10 Recommend denial of application:
4. postpone.
~I
ATT71CIOfEIPIle
1. Location zap.
i 2.. Abstract map. j/
3 List of Uses ( 6 pages). LL
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ATTACHMENT 1 4no,i1Cd Iv
1801 West University Drive (McBride) ` l~- 50 NORTH
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Date: 10/13/94 Scalr. None
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ATTACHMENT 3
9C~~ Qoaaetoial Dim rim +4xdaNO u,
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Agendalt 12S
IRUTa_- D_ os, Otte / 1' -CYPritiarv n 447-44
asid~nliai r..
Community Unit Development
Dormitory, Boarding or Rooming House
Hotel or Motel
EdliClltll~tl . Ins il~t i ~ _ e
i
Art Calle or Museum
Church or Rectory
College or University or Private School
Community Center (Public)
eyNursery or Unde artan School
Croup Homer
Halfway House
None for Care of Alcoholic, Narcotic or Psychiatric patient's
i Hospital (Gan*ral Acute Care) I
Hospital (Chronic Care)
J Institutions of Religious or Philanthropic Nature
public Library
Monastery or convent
tturiinq Home or Residence Home for Aged
} Occasional Salas
park, Playground or Public Community Center
School, Private Prisary or Secondary E
School, Public or Denominational
° t s School, Business or Trade
I
Ll Uses
Accessory suildino l
Community Canter' (Private)
Electrical Substation
Electrical Transmission Line
xeCmontro field or construction office (Subject to Approval and
by building inspector)
Fire Station or Similar Public Safety Building
Oas Transmission Line and Metering Station
Hose Occu Lion
Off 8treat Parking tnoidental to Main Use
Radio and/or Television Microwave Tower
,
Off Street Remote parking
,
Owl
NC44 Coaaereiat n1■tr1,.• (contih+■~~
{ 4.
Utility. J►aceaaorv and Tnaidentsl U■~■ ~~.+..~t..n.,;;
Sewage Puappinqq Station
Private Swian nq Pool
Telephone, Business office
Telephone Line and Exchange Switching or Relay Station
Water Reservoir, Water Pumping Station or well
Recreational and kn a ain■■nt uses
7-1
' llauseaa
nt, Coaaorcial (Indoor)
1 Country Club (Private) with Golf Course
Dance Hall or Night club
t Public Golf Course AflendaNo Q ' b
"if sevree
Publia park or Playground AflaAdalt
Public Playtield or Stadium Oaie_._
11 MI
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! SwtG'or Tsnnis.Club
Th'eitor, other than Drive-1n Type
Trananartation Related Us&A
r ~
y
y t Railroad Passengir station
'.i Railroad Track or Right-of-Way
' Cowwroial Patking Lot or Structure
AUtoaobila Service sea
J1u o Laundry
j
titan. yr f
f
_ICN Couaraial biatriat (cont+•+ ed)
j
Autoaobil' Qarvic6 Use/ (Continued)
t
Gasoline Service Station
Nov Auto Parts Sales Stores
a-
U864 Cap" Oft! so
19-
j
Retail and Service uses
Antique Shop
! Bakery or Confectionery Shop (Retail)
Cafeteria
Cleaning and Pressing Beall Shop and Pickup
Custom Personal Ssrvce Shopp f.~.
Drapory, Neodlework or Neavlnq shop terdaNo
Florist or Garden shop Ageadalte
Greenhouse or Plant Nursery (Retail) fl0ie '
:I Handicraft Shoo q
Household Appliance service and Repair Qa
Laundry or Cleaning Self Service
Mimeograph, Stationery or Letter Shop
Mortuary or Funeral Parlor
I - Offices, Professional and Administrative
Oft Proul",bale of seer and/or Nine
On Promise Sale of Beer and/or Nine
Licenke4 Private Club
Pave Shop
Ile Restaurant`
Ir Retail Stores and Shope
-
Retail Stores and sh ps _ 4'000 square tart or less
og Over 4,000 square tact
studio for Photographer, Musician, Artist or Huaith
k
Agricultural Tvua r...
Animal Clinic or Hospital (no outside runs oK Pont)
Farr or Ranch
Greenhouse or Plant Nursery
J
ew r
1{
ucif Commercial Oistriot faoetieusd~ Aandalt. el
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Data_
Commercial Type Uses
I.-Mim," Shop
PA 12fcm-aa-Und.
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Primary Residential Uses
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ww"Is "Op or MGM- He" Pat*
Mucationals InstLtutionel i Social uses
Fraternity, Sorority, Lodge or Civic Club
utility. accessory and Incidental Uses
j
Private Utility Shop or storage Yard
Public Building, Shop, Yard of Local, State or Federal Government
Savage Treatment Plant
Rac ilatV_ and Entertainment Uses
i
Main!
ucu COtiereial Distriot fcontinusdl andaNo " Iq
;Qarda t
qtr I I I
Agricultural Tyne Uses (iA
ELI Tyua Uses
rise Movkot
t r Natural Resource Storage and Fsxtraction
ryr; .
MA atoggge Of ..Md. M-140he $tons, Clay ON Cray*;
Siagial TndUstrial Processes
3
a~as ~oniwn~rra~
I, Floor/Area Ratio 21l Maximum
l
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< Front Yard Xinimus 25 feet
side Verdi No side yard is specified for non-
residential use except where a non
residential use abuts upon a
district boundary line dividing such E
districts from a residential
district or when the side yard is
r a`, adjacent to, the street, in which
event a ten (10) toot side yard
shali be provided.
Rear, Yards No rear year Is specified for non !
residential use except where retail, I
commercial or industrial uses back {
upon a common district line, whether
separated by an alley or not,
4 dividing tho district from any of
the residential districts listed, a
minima of ten (10) toot shall be
provided.
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i• parking (Bayed on ue4, See
! Z. Signs Article 15.)
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ORDINANC3 NO. f i r-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM GENERAL, RETAIL (GR) TO COMMERCIAL - CONDITIONED [C(c)) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR PROPERTY LOCATED AT
1801 WEST UNIVERSITY DRIVE) PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF) AND PROVIDING FOR AN
EFFECTIVE DATE.
;LHEREAS, Glen McBride has applied for a change in zoning for
property located at 3.801 West University Drive from General Retail
(GR) to Commercial - Conditioned [C(c)I) and
{ WHEREAS, on October 26, 1994, the Planning and Zoning Commis-
`y' , •ion recommended approval of the requested change in zoning) and
WHEREAS, the City Council finds that the change in zoning will
I
be in compliance with the Denton Development Plan) NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
j SECTION I, That the zoning district classification and use i
designation of 0.3903 acres of unplatted land described in Exhibit
A, attached to and incorporated into this ordinance by reference,
4 located at 1801 West University Drive, is hereby changed from
3eneral Retail (OR) to Commercial - conditioned [C(o) I zoning
district classification and use designation under the comprehensive
zoning ordinance of the City of Denton, Texas.
SECTION II.
' That the property located at 1801 West University i
j Drive shall be subject to the lollowing conditions:
at The permitted uses on the property shall include pawn
shops and all uses permitted in the General Retail Dist-
ricl•, and exclude all other uses permitted in the Commer-
cial zoning district.
b. The height of any structures erected on the property
` shall be limited to twenty-three feet (23 ft.).
6ECTION III. That the City's official zoning map is amended to
show the change in zoning district classification. I
SECTION 31 That an
ordinance shall any person violating any provision of this
upon conviction be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
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AandaNo ~6
Agandalle 14
i
Data ~ 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
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
j date of its passage.
1 PASSED AND APPROVED this the day of , 1994.
E
M' l
h BOB CASTLEBERRY, MAYOR
ATTESTi
JENHIFSR wALTERB, CITY SECRETATlY
ci,
i Bye
APPROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCH, CITY ATTORNEY
f]f]f] r
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1
} PAGE 2
i 1
~gendsllo
Agaildafte' I
tote.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
I IN THE FOSERT BEAUMONT SURVEY, ABSTRACT NUMBER 31, DENTON COUNTY,
TEXAS, BEING PART OF BLOCK S. OF WESTCHESTER PARK ADDITION, AN
ADWION TO THE CITY OF DENTON. TEXAS, ACCORDING TO THE PUT
THEREOF RECORDED IN VOLUME 2, PAGE 136, PLAT RECORDS OF SAID
COUNTY, AND BEING PART OF A CERTAIN TRACT DESCRIBED IN A DEED i
FROM THE DEUTSCH COMPANY TO BAILEY MULLINS, ON THE 3RD DAY OF I
MAY, 0960, RECORDED IN VOLUME 456, PAGE 48, DEED RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS-
' I
BEGINNING AT AN IRON PIN FOUND IN THE NORTH UNC OF SAID MULLINS
TRACT IN THE SOUTH RIGHT OF WAY OF WEST UNIVERSITY DRIVE (U. S
HWY 380), SAID POINT ALSO BEING THE NORTHWEST CORNER OF A CERTAIN
1 TRACT DESCRIBED IN A DEED TO ROBERT W. BELL ET UX, ON THE 6TH DAY
OF AUGUST, 1991, RECORDED IN VOLUME 3035, PACE 184, REAL PROPERTY
E RECORDS, OF SAID COUNTY;
1., THENCE SOUTH 00 DEGREES MINUTES pp SECONDS WEST, WITH THE WEST
t j LINE OF SAID BELL TRACT, A DISTANCE Of ~I.64 FEET TO AN IRON PIN
SET AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBEQ TRACT AND THE
++i SOUTHWEST CORNER OF SAID BELL TRACT;
i THENCE NORTH 89 DEGREES 48 MINUTES 59 SECONDS WEST, A OISTANCE OF
93.94 FEET TO AN IRON PIN SET AT THE SOUTHWEST CORNEA' OF THE
HEREIN DESCRIBED TRACT AND THE SOUTHEAST CORNER OF A CERTAIN
TRACT DESCRIBED IN A DEED TO NANTUCKET ENTERPRISES INC, ON THE
ISTH DAY OF OCTOBER, 1973, RECORDED IN VOLUME 688, PAGE 531,
I DEED RECORDS OF SAID COUNTY:
1
THENCE NORTH 00 DEGREES 06 MINUTES 05 SECONDS WEST, WITH TH£ EAST
LINE OF SAID NANTUCKET TRACT A DISTANCE OF 179.93 FEET TO AN IRON
PIN SET AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT AND
i THE NORTHEAST CORNER OF SAID NANTUCKET TRACT IN THE SOUTH RIGHT
OF WAY OF WEST UNIVERSITY DRIVE;
THENCE SOUTH 89 DEGREES 24 MINUTES 17 SECONDS EAST, WITH THE
SOUTH RIGHT OF WAY OF WEST UNIVERSITY DRIVE, AND THE NORTH LINE
OF SAID MULLINS TRACT A DISTANCE OF 95.41 FEET TO THE POINT OF
BEGINNING AND CONTAINING IN ALL 0.3903 ACRES OF LAND.
,r
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F
'gondAo
P&Z Minutes Agaid,;lto
O',t 28, 1994 1va~
Page 3 3
i
i
I
ill. Hold a public hearing and consider the rezoning of Lot 8R, 8k>c!c B of ~
the Westchester Perk Addition from general retail (GR) to Commercial 1
conditioned C(c). The 17,600 square foot site Is located on the south i
side of University Drive, approximately 480 feet east of Primrose Street
at 1801 W. University Drive.
Ms. Russell: Well take note of the procedures for the public hearkps.
The Chair opens the public hearing. The staff will read the petition and
give It's report and make it's recommendation. The petitioner will be
granted ten (f0) minutes to speak to the petition. Persons In favor of
the petition are aach granted five (5) minutes to speak. Persons in
opposition to the petition are each granted five (5) minutes to speak.
` The petitioner Is allowed five (5) minutes to speak In rebuttal. The
public hearing will be closed. The staff will present any final remarks.
Mr. Yost?
Mr. Yost: The site is on University Drive. (Mr. Yost showed the
overhead to the Commisskm). lies at 180t W. University. The building
was occupied until recently •y Denton Tool and Fastener Co. It Is now
vacant. It Is proposed t) be Woupled by Glen's Pawn Shop. The
current owner is First Slat;t Gank of Texas. The site will be leased to
the pawn shop. The request is to rezone .3903 acres, roughly 4 acres
from General Retail to Commercial Conditioned with two conditions. '
Those two oondttk ns are that the height be limited to two stories or
twenty three feet and the uses be amended to allow all uses in general
retail zoning plus a pawn shop. On all but one side there Is presently
oommercial of retail uses as explained In your backup. On the
southside there Is single family-7 zoning and
land use, which has been
two for years. The two are separated by a very mature, very thick
hedge. You canlt even see the homes from where the structure Is. If
this zoning application Is approved, there will be little or no Impact on
infrastructure. There were 23 property owners within 200 feet of the site !
notified of tonight's hearing. Al this writing we received four replies In
favor of the proposal and two In opposition. III pass those out.
Mr. leads Yost: We did what is called an Intensity analysis of this site which to the ion that there is no change whatsoever. In lhla site
Is moderate Intensity area which is allocated 350 intensity tripe.
Obvlowy, Denton Tod and Fastener, when they were there, exceeded
i
k
~+AertoaNo 9'u-43
P&Z Minutes
October 26,1994
Page 4
'Icy
I
the allotted ailocation and N Glen's Pawn Shop was to In 4
would exceed it also but to the very same re there, they
no net change in the Intensity. Staff reoommends approval of Z•94.027
with the two conditions mentioned.
Ms. Russell: Are there any questions of Mr. Yost at this time?
Mr. Coc,uan: Essentially what we are doing is changing the zoning, or
they have requested to change the zon
nge lrtg, just because pawn shops
aren't allowed in general retail and everything else Is going to
except that apply
Mr. Yost: We are changing the use and we're also changing the height.
In oommercial zoning, you can build up to twenty (20) stories tall. In
retail, you can build up to two. So we're actually maintaining that
&Mxx gin we're going to commercial conditioned zoning.
Mr. Norton: That limit on helghi is ready for other uses than what we're
presently considering tonight?
Mr
f , Yost: That is true, The proposed occupant hss no anticipation of !
going to two stories. The building right now is roughly one story a
crawl space. Mrs. Russell: Is the petitioner available and wish to speak? Is there
anyone to speak in favor of the petition? Is there anyone that would like j
to speak In opposition to the petition? Hearing none, the public meeting f
i Is closed. Does the staff have any further comments?
Mr. Norton: Madam Chairman, i move to approve Z•94-027 with the !
limiting oonditkxns as attached to the recornm
endatlon.
Mr. Cochran: I'll second that.
Mr. Drake: Owen,
~ the re given that the references to this case number here
port on the case number has a description of the land that
may be diHereM from what you might otherwise want it to be, do you
wern to correct that description as far as the recommendation Is
concerned?
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fr
71
P&Z Minutes y
October 28, 1994 is
Page 6 Ar
E Mr Yost: Thank you. The lot number Is listed as lot 8R, It is actually
.3903 acres of unplatted land, the address which is still 1801 W.
i University.
Mr. Cooper: Not Lot 8R, Block B?
1 Mr. Yost: That Is true. It Is not in the Westchester Park Addition
j ak xxo it seemed like it at th4 time.
Mr. Norton: Do we need to do
' " . anything else? ,
Mr. Drake: Perhaps M you could just modify the motion.
Mr. Norton.
Should we start over on the motion? I move that we
approve request for rezoning of 1801 W. Uriversity from General Retail
to Commercial (c) with the allached two conditions that the height be
limited to two stories and all general retail uses will be Included plus the
pawn shop.
xr
k. Mr. Cochran: I second that. I believe that this really a music store. i
Ms. Russell: Commissioners I'd like to recess for about 7 minutes.
We've got a little discussion we need to have.
(The Commis*n held a discussion amongst themselves.)
Me. Russell. For the record I'd like to make you aware that on the
notice of public hearings, the times were transposed and our meeting
was reported to start at 7:00 p.m. and the City Council meeting at
6:00 p.m., which Is just the opposite. If we have people in the
neighbofiood that wish to come and speak, theyro going to expect to
be here at 7:00 p.m. What we will do, 0 we can maintain a quorum, we
! will postpone this item until our agenda is ended or 7:00 p.m., which
ever happens to be and we'll take this up at 7:00 p.m., therefore giving
anyone that wishes to speak, coming at 7:00 p.m. opportunity to hear
Mr. Yost: Your leaving the public hearing open?
i
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e -
P8Z Minutes R M-1 October 26, 1994 I
Pape 8 P - t! ii
god ~u I
Ms. Russell: No, I've just closed the public hearing. I guess we'll have
to reopen it?
Mr. Drake: Well have to reopen it at that time. Perhaps we could just
pass by this agenda item and reopen it at 7:00 p.m.
Ms. Russell: Okay, is that agreeable to take care of the mot€on and
second?
Mr. Norton: I withdraw the motion.
Ms. Russell: Thank you, I appreciate that, I think that will be the best
way to handle this.
IV. Consider the preliminary plat of Lots 1 through 3, Block 1, Cosa Bonita,
Incorporated Addition. This 2.294 acre tract Is located on the northeast
comer of West University Drive and Cornell Lane.
Mr. Yost: The site is on the oomer of University and Cornell. It Is
currently vacant. I'll leave the Development Review Committee's
! reoommendation for list as it takes some explanation. This Is a 2.294
t. acre site which, like I said, is currently vacant except it Is used
occasionally for parking of the adjacent auto dealer. I believe that is Bill
Utter Toyota Dodge who parks some trucks and cars on that W. The
site Is proposed for two fast food restaurants and a bank. The fast food
restaurants would be a Wendy's on Lot 1, Taco Buono on Lot 2, and an I
unnamed bank on Lot 3. The public improvements associated with the
final plat kxlude approximately 633 feet of sidewalk, approximatley 330
feet of 8 k)ch water line, and three fire hydrants. Two on University and
! one on Cornell. Sewer service will be provi led through an extension of
an existing line 127 feet alorq the frontage of the site along university,
i. from the west. Although city maps Indicated that the line did exist at
one the, coming from the west, it has been discovered that 'he sewer
Ilse actually stops at Cornell, before the site. Therefore, the 10 inch
sewer Ike will be installed by the City of Denton, i
On August 1st, there was a variance heard by the Traffic Safety
Commission. The main focus of the variance request was a proposed
curb cut between lots 1 and 2. That curb cut was granted and there
was some disciission of an access easement along the bottom of Lot 3
i
P&Z Minutes October 26, 1994 DR I Pag
e 14 fJSIe i
ao-~ay I
{ 1 Ms. Russell: It is 7:06 p.m. and we will reconvene the Planning and
' i Zoning Commission meeting. Tit reason we adjourned was the notices
were sent out stating that our meeting started at 7:00 p.m. Instead of
6:00 p.m. and we did not want anyone who might want to show up to
get here at 7:00 p.m. and find us already gone. So, we adjourned the
meeting and we're now reconvening so that our notices our correct.
Ms. Ru"I: This is a public hearing and I think I'll go back over the
procedure for the public hearings. The Chair opens the public hearing.
The staff will read the petition and give ft's report and make its
recommendation. The petitioner will be granted ten (10) minutes to
speak to the petition. Persons in favor of the petition are each granted
lire (5) minutes to speak. Persons in opposition to the petition are each
granted five (5) minutes to speak. The petitioner Is allowed five (5)
minutes to speak In rebuttal. The public hearing will be closed. The
staff will present any final remarks and the Commission will vote. Given
that, we will hold a publlo hearing and consider the rezoning of Lot 8R,
Block S of the Westchester Park Addition from general relalf (G R) to
j Comme(c'sl conditioned C(c).
Mr. Yost: Like I said previously, we're rezoning .39W acres from retail
to commercial conditioned. The two conditions being 1) limiting the
height to two stories or twenty three feel and 2) allowing all retail uses
plus a pawn shop. That concludes my presentation unless you have
questions.
Ms. Russell: is the petitioner here and would they like to Spea1R
Glen McBride: My name is Glen McBride and my address Is 1819
Laureiwood Drive, here In Denton. I'd just like to thank you all for
allowing me to speak to you tonight and to tell you that I'm a life long
resident of Dentor. and that i graduated from Denton High School and E
the University of North Texas. I have a wife and three children. Tire j
reason that I'm here tonight is because on September 22, 1994 my
i building was destroyed by fire. This move Is out of necessity, not by
choice. I chose University Drive because it was available. It was not
occupied. it has good square footage, suitable to my business. It has a
good layout. It would need very little improvement for me to begin my
business again. I'd just iike to say something about being a pawn
broker. My Industry Is regulated by the Office of Consumer Credit.
Every transaction that we do with out customers is documented. The
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P&Z Minutes ~'!0
October 26, 1994 4twa j (1 e Page 1s ls_6___ r '
I
police oat the document. That's N we make a loan or if we buy
merchandise. So, It's well documented and it's well regulated. We also
sell new musical equipment. We sell coins and coin supplies and
knives and various other items. We're looking to get back in business
and we're looking to do 4 as soon as possible and we felt like this s
choice was as good a location as what I had before and probably better
and I just didn't want to try to relocate to an Inferior location. The
square was good to me but it's time to move on. Thank you.
Mike Whitten: Madam Chairman my name is Mike Whitten. I am the
attorney for Mr. McBride and I'm also his brother-in-law. He married my
little sister and I just want to add a couple of things to what he said. I
read some of the opposition in the file of people who are opposed to
this, I think their oppositions Ii not founded based on fact. The Idea, for
E example, that a pawn shop attracts crime. You can look at the history
of the square in Denton. There have been two pawn shops there for at
least seventeen years and I think our square is one of the safest places
t In Denton and one of the safest places In Texas, to me, day or night. i
I think that anybody who has ever been in Glen's business knows or seen
that there Is a wide variety of merchandise, new and used, float is for
sale. It Is strictly regulated. All transactions are open to law
enforcement authorities anytime they ask to they know who has sold
something, what they've sold, and so forth. Vary strictly regulated, I
think any check with the local law enforcement authorities, that they
would fell you that their experience with Glen McBride has been
exemplary. The location, N you've driven by It or If you are familiar with
h, it's the old bolt and fastener place that's located Immediately.. on the
west of ft is tong John Silvers, on the east Is Gie Island Divers
equipment and supply, and on just the other side of that Is the Sonio.
Immediately across the street, on the other side of University Drive, is
the new Subway and a little clothing store. We think the location Is
f` vfect for his business and we request that you approve his application
E so that he c, n begin to make the improvements that he needs to make
and get back in business. IN vital that he be able to go back to doing
business soon as all of you are, I know, are In business and If you've
ever been out of business for any length of time, you know what a strain
that Is. We're open to any questions that any of you may have. If not,
we would respectfully request that you approve this application.
Ms. Russell: Any questions?
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P&Z Minutes
October 26, 1994 Ag
Page 16 Awdalla ,
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Ms. Russell: Any questions?
Ms. Flemming: What are the operating hours of the pawn shop?
Mr. McBride: 9:00 a.m. to 6:00 p.m. Monday through Friday and 9:00
a.m. to 6:00 p.m. on Saturdays. Were ck*W on Sundays. Before the
i holidays, that is Thanksgiving and Christmas, we may choose to extend
the hours but it would be no later than 9:00 p.m.
p 7 ,
Ms. Flemming:. Were these the same hours you had on the square?
~r
Mr. McBride: Yes ma am.
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i ( Ms. Flemming: So nothing changes?
' Mr. McBride: Thats right.
` Mr. Norton: Is all your merchandise on display Inside or do you have
a outside displays during business hours?
Mr. McBride: Insicdo. That would continue to be the case.
i.
Ms. Russell: H I'm not mistaken your hours won't vary from some of the
other businesses that are open In your Immediate vk:inhy.
Mr. McBride: They won't vary?
r
Ms. Russell. They'll be similar to.
1 Mr. McBride: As compared to the retail shops there?
Ms. Russell: Well f was thinking about in the general area, the food
dispensing places.
Mr. McBride: Well, our hours will be isss than theirs because we'll
probably close at 6.00 p.m. at the latest except for the holidays.
f
Ms. Russell: Is there anyone else that would like to speak In favor of
the petition? Anyone else to speak In favor?
P&Z Minutes
14 October 26, 1994 .
Page 17 Aga+ ifa!ien
2 jcQ !
Oil Morris: My name is GPI Morris and I have been in Denton for about i
30 years and I've known Glen about 20 years.
Ms. Russell: Your address, sir?
Mr. Morris: I am at 1007 Westway, Denton. Anyway, ft right behind
the bank. Glen Is a real nice young man. Nre watched him grow up
and I've watched him go in business and I would like to say that I know
hell do anything within his power to make that business a success In
that area and take care of business as it should be taken care of. He
doasn't run a, regardless of what you may have heard of pawn shops, I
know he runs a good clean business. Thank you.
Ms. Russell: Thank you. Is there anyone else that would like to speak
in favor? Anyone that would like to speak in opposition to the petition?
Anyone to speak in oppostion? Hearing none, sensing that rebuttal Is
not necessary unless you'd like to make further remarks, well close the
p0ilo hearing. Does staff have any further remarks? Commissioners,
y i what is your pleasure?
1...
Ms. Flemming: Madam Chair, I move approval of the rezoning of 1801
W. University, the Westchester Park Addition, from General Retail to
Commercial with conditions.
° Ms. Schertz: III second.
Mr. Drake: Owen, I don't know If you want to oorred the Westchester
Park I think that you probably want to correct that as .3903 acres of
unpialted land rather than referring to It as Lot 8R, Block B and
commonly identified as 1801 W. University Drive. Is that more or less
how you'd like to have it described, Owen?
Mr. Yost: Yes and are we addressing the two conditions?
Mr. Drake., Right, we probably should. f
Ms. Schertz: Katie, can you amend that motion?
I
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PU Minutes Avr(:GNo gl
Octtoeber 26, 1994 1go~ cite
pag 18
zu~ 2y
f Ms. Flemming: May I restate this motion, Madam Chair. I move
approval of the rezoning 01.39M acres of unplatted land oomrranly
known as 1901 W. University from General Retail to Commercial !c)
E with the condition that are attached.
t Ms. schedz: III second.
Ms. Russell: Any further discussion? Al! in favor of the motion please
t 1 slgn!fy by raising your right hand. All opposed same sign. Motion
„ carries (4.4).
Ms. Russell:, YYeti, ladies and ,tlem '
' en I think
we've fiefshed for the
. evening $o 191 adjourn this meeting.
The meeting was adjourned at 7:20 p.m.
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A2AAQ1pdiNO `7 _J1 3 P_
QMe ` -
ORDINANCE NO. I q(4
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CON-
TRACT BETWEEN THE CITY OF DENTON AND STEELE FREEMAN )PROVIDING
FOR AN DECREASE IN THE CONTRACT PRICES AND PROVIDING AN EFFECTIVE I
DATE.
WHEREAS, on _OCTOBER 5, 1993
contract for DMC CONSTRUCTION ine City. awarded amount of
$2#347400.00 j and
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
respect to the scope and price and said change order being in
compliance with the requirements of Chapter 252 of the Local
Government Code) NOW, THEREFORE,
s ,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSr "
't SECTION I~ That the change order decreasing the amount of the `
contract between the City and STEELE FREEMAN , a copy of
which to attached hereto, in the amount of FIFTEEN THOUSAND SEVEN
HUNDRED THIRTY TWO and 76/100--- Dollars 15.732.75 is
ere approved and the expenditure of funds therefor is hereby
r authorized.
SECTION II. That this ordinance shall become effective
immed ate y upon its passage and approval.
PASSED AND APPROVED this the day of
r. 1994. I
BOB CASTLEBERRY, MAYOR
ATPEST3
JENNIFER WALTERS, CITY SECRETARY
BY$
APPROVED AS TO LEGAL FORMS
DEBRA, A. DRAYOVITCH, CITY ATTORNEY
i
BYS
a11M
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vendamo 'Q3
DATE: A
1 CITY COUNCIL REPORT "iSc t + ~1_ 1
TO., Mayor and Members of the City Council V
FROM: Lloyd V. Harrell, City Manager
fSUBJECT: CHANCE ORDER 15 - PURCHASE ORDER 140402 - STEEL FREEWN
DUC RENOVATION
RECOAOMDATION: We recommend this change order 15 to Steele-Freeman on
' Purchase Order 40402 in the credit amount of $15,732.76 be approved,
SUMMARY: This
creditor r t~9L deduct change order is the result of savin 1
E bale gg n the HVA
account: The Facilities
Management Te
noe provided
assistance during the project teathsgs and Steele-Freeman obtained q otefor the
. various test which were below the anticipated coat.
This change order changes total project cost to $2,848,197.72.
BACHCBOtJND: Letter of recommendation from Brent Byers, Principal, Corgan
baoe tee rchttects; Change Order 15 (deduct $15,732.76).
PROGRAMS DEPARTMENTS OR CROUPS AFFECTED: Steele-Freeman, Facilities
Mtanagement vis on occupants o DMC and Ci zene of Denton,
f FISCAL INPACTs This change order will release $15,732.78 from retention account
put t ck into DMC construction Aca;unt 1449-032-DMC1-9305-9101
r'
C
Rea udy su ed:
Llo d . Harrel ,
City Manager / F
Approved:
J } `1;
Name= To D. S wTia ,C,p,M.
Title: Purchasing Agoat
SWAMM
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17 October 1994
Mr. Bruce Herrin ton
Superintendent, Facilities Management
Ctity of Denton, City Hall j
1 601 East Hickory
i
Denton, Texas 76205
t
Re: City of Denton
Dear Bruce:
Enclosed are 1 original and 4 copies of the contractors final
application and certification No. 13 on the Denton Municipal
Project. The following attachments are also included:
I f.
1. Consent of Surety and Final Payment
2. Contractors Affidavit of Payment of Debts & Claims
A ' 3. Final release of lien
Also included are 3 copies of the final Change Order. This change ! .
order, we are pleased to say, results in a $15,733.00 credit to the 1
City of bentom We assume all these documents will require ( 3
Council approval and can be acted upon during the same session.
To the hest of our knowledge, the only outstanding contract
requirement Is a complete and updated HVAC test and balance
i report. The contractor Indicatedpthis Is being prepared and will be
transmitted the week of October 16th. We recommend deferring
this to a warranlee status item.
We therefore recommend ac"pu" and request Council action on N
Change Order No. 5 and approval of the release of retsinagge funds j }
In the amount of $4,655.24 to the General Contractor, Steele-
l=reeroan. -We have enjoyed serving the City of Denton during all
phases of this exciting preject. We hope you are as proud of the
r Municipal Complex as we are and share our enthusiasm. M1'.
Sincerely,
tolyn i{uodKn yrdilWi
l~~501 Elm SuM.
EYMe 500
Arent t' r y
P inc€pale MELWr r~MUN
Sol 21441 ]000
finclosure punpcuwl
cv: Mike Freeman
AtcWK m# ill
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Y hl!Y;iMNI11711A111Y 5prs Plo,, ywmo dn'IE.
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UANGE OWNER 99
ORDER ARCHITECT 19 g 6
fandaNo
CONTRACTOR129
FIELD (I
AIA DOCUMENT G701 OTHER ❑ 4~'ll?I~flI~81
Date
ya~y
PROJECT: Denton Muncipal Complex
t (name. address) 604 East Hickory Street CHANGE ORDER NUMBER: Five (5)R E
Denton, Texas 76205 DATE: 12 October 1994
v TO CONTRACTOR: ARCHITECT'S PROJECT NO: 92029.00
(nunc, addrew) Steele-Freeman, Inc.
1301 Lawson Road CONTRACT DATE: September 1993
Fort North, Texas 76131 CONTRACT FOR: Renovation
The Contract is changed as [(lbws: f
i j
Adjust allowances and contingency balance to reflect actual expenditures. DEDUCT ($15,732.761'
f Not valid until signed by the Owner, Architect end Contractor.
The or sk W (OrwArxr Sum) ( was .
Net change by previously aufthtrd . ' ! 2 34 T 000.00
Change Orders ;s314,929.98
The (Comm Sum) (4LV9 1XK)M81hy0 prkx to the Change Cider w as s 206610929.98
i
The (Conrrxt Sum) w9t be W101i611(decreased)
)(L104*14 by Jib Change Order in the a mhv of s
( 15,732.76)
thenew
(COntnnSum)(alki(7(1@UilFJmpmNfX►17ckldr~dltsCfnrlge0rckrwintx ..f 2 646)197.22
theCorundTknew!(IDr~otpxaonq(deotitfibf(unctw {ed)bY sego
The dale of Substantial Completion as of the dale of ft { 0 ) >x
Ch>nge Order theafore Is August 18, 1994
,
NOTEr ThN MM U to dt)0 nut I7'tk%'t d rox kl the G9rrxi Sins. O9urxt rmc ur (;WJ f% J .1197141 UII Prke •hlrh M t Rrn ~I tl> COW by
tkxW,u,7k41C11anprplretlhr. ~
CorQen AssociaC 0 - rnw S.Le,PiP-Pl PP910f1 Tn a
ARt:JIr1'E1:T C'ONTRA(:TIM-e 71Cy~--
561 81n1Street. Rill
c S00 AI Isiwa 3tnad c/M1A ya '
! Al►" er st 1}¢e(tery gttXrl-_r
1 DAWa ~eYSS For" Taxaa-16205
{ at' ~LAA BY __...-.ill
DArE -/o~~?I r4 IM1.E_ ~l~J. •Cf~ bAlk
r,',
CAUTION: You should sign an original AIA document which has this caution primed In red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AA 000U lfilrr 0701 • IJIAI*A 014149 6 1'1.1' I lAt$I M . AiM • OIAy7 . Tltt
AA1119:0 IM1111'I)' ICY AMIJIIIECIA, 1'15 VL% 1'r4d ill'.. S11 MA41NGV)N. nr. 4rrr. Q7t}1-t9g7
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November 1, 1f
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CITY COUNCIL AGENDA ITEM
i MAYOR AND MEMBERS OF THE CITY COUNCEL
i
FROM: Lloyd V. Harrell, CityManager
SUWECT: CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE
f CITY MANAGER TO EXECUTE A CONTRACT WITH ALAN j
# PLUMMER AND ASSOCIATES (APAI) FOR ENGINEERING
SERVICES FOR DEVELOPING PERMIT DOCUMENTS FOR
DISPOSAL OF WW]rP SLUDGE BIOSOLIDS FOR AN AMOUNT NOT
TO EXCEED S179W. 1
RECOMM MATION: ,
' The Public Utilities Board at their meeting of October 17, 1994, recommended
approval of a contract with Alan Plummer and Associated (APAI) to amend the
a' wastewater discharge permit to include composting of biosolidi as a treatment
process and to prepare an application for the registration of an agriculture sludge
disposal site.
SUMMARY:
i
The current Tens Natural Resource Conservation Commission (TNRCQ
r : wastewater discharge permit only addresses Wastewater Treatment Plant I
Blosolids disposal at the permitted land application site and the municipal
landfill. The department is planning to move forward with a full scale
composting operation, thtrefore t
he
cities
TN
RC
Cwastewater discharge permit
must be amended to include the composting of biosolida as a treatment process.
Currently the department has been composting biosoltds as a "pilot" project
only. In addition to Including the composting as a treatment process, the permit iJ
amendment will also address marketing and distribution options that will identify
' a variety of compost programs ranging from the wholesale distribution of
compost to a public "give away" program.
In addition to the permit amendment, APAI will develop and ` process the
information required to register an off--site agriculture biosolids disposal site. The ~
1
agriculture site will be referenced In the permit amendment as being the primary
method of Class B compost disposal with the marketing and distribution of tbe
Class A compost being on a "demand" basis only. Backup options will include
j~
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AgWaNo 9~~-03
PAGE 2 Appal 5
- -9
two
r compost disposal at the landfill Z~ S
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V
APAI was the Engineering firm that designed the Wastewater Treatment
plant and worked with the City in the development of the present biosolids
program and permits. J
E PROGRAMMUARTM M OF GROUPS AFFECTED:
Citizens of Denton, City of Denton, Water Reclamation Plant, Denton Solid
Waste Landfill Operation.
x
r
FISCAL IMPACT:
The total amount of the APAI contract,ls estimated not to exceed $17,600; $8,000
for the permit amendment and $9,600 for site registration.
a
w i .
r r. Reapectf submitted,
M r
Lloyd V. Harrell, City Managtr
Submitted by,
40 ,
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R .E. Nehae, Executive Director t
r Department of Utilities
Letters from APAI
Exhibit J.
Us Ordissance
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"Mal
. t.\raoocs\ue~r~.a~a.ow , /
AmerWo
Aggerdalt /y
Da e
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT
BETWEEN THE CITY OF DENTON AND ALAN P10WR AND ASSOCIATES TO
PROVIDE PROFESSIONAL SERVICES REQUIRED TO OBTAIN AN AMENDMENT TO
THE CITY"S WASTEWATER DISCHARGE PERMIT FROM THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
i
SECTION I. That the City Manager is hereby authorized to
execute a contract between the City of Denton and Alan Plummer
and Associates to,provide professional services required to
obtain an amendment to the City's wastewater discharge permit
from the Texas Natural Resource Conservation Commission, a copy
of which is attached hereto and incorporated by reference herein.
SECTION II. That the City expend Seventeen Thousand Six
Hundred Dollars ($17,600.00) as provided in the contract. '
> SECTION IV.h That this ordinance shall become effective
imaediately upon its passage and approval.
PASSED AND APPROVED this day of , 1996.
,
E'
BOB CASTLEBERRY, MAYOR
ATTEST!
JENNIFER HALTERS, CITY SECRETARY
BY:
r APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVSTCH
BY c id
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- OCT-36-'94 WED 13::7 IDsrL PLUtER JNC. TEL P0817-338-46,% #834 P02
0X3-25-94 TUE ?1437 ALAN Pt.MR I ASSOC FAX N0. 8603330
Agend3No
Agendalte S
Date ' U
4~ s
as &vr tea 9321 Or D33fftwo nxu
at 17rZt to skAda And entered late ar e= the
lP040 i and between the c1sQ~o' en~~
r►lt tti t+r ne pa o ~ee at iit Last Nc>;lnn Street
~ntOn Cmty texas if701 {~OITY') anti eater snnit heel:
asas, Inc., vjtb dto COrpara t 0!!!e■ a! a4lga
AlMeetrwxwd iti'eet,
Ail on, '!'arrant County, Itchall sMO noting aereln, ft no "_-~'*a11 a.raipn.ftet oAlled tn.
autl►W1844 so to Met Ltr a,a in laebai uia`=gq taw, au2r
ssvtiolr i • asmaw OF go M"txMI <
r
eentrTag City horaby 0"*"oke with er, and tine ]~o L++4fnNr as an Las
oont&e tlnees aartby age*" N lots, wlti~tn tht
i protesedenel Nrie titOClaltld VS red in t]ie state or
war,
a9rNd in vrltteg in eannoKiem with a lndioidf serlgesttnto as
""Lon It heroot, bobs of verk sat It"Lb in
"W" m !s - tRyWClil1 IIiFa
DiIlgr! Oy 3MOt1En+i iimcaa
s>se =rgdnNr sMll provide tae aaavloes r
+we►ndmant is tm eltr's vastaw■tcr diseba a Ntiised to o he an
Katmvsl 31asomrte OessesVatien rom.isri t9 pesslt tsCit the tires
to assri this reeuit t• inolwq MW arm,
1740 City arise.
Aeslas:atlvn s aat'o elY brDOO }
ti er s RaoN O~rnaat~e Mater
As lattatlon of a s City s ~~botelal rouse at blesolids-and the
tRe pestora~aiwa of tAsss anw~esr, tor b~laoa.toiles diapers!. Thraya
and obtain a vaetwaaes diseaarge psewlt h]eh ~no~0111dtej nor"IM
as a treat t process and appsews various options avid! li for
j the ban°rlosal ""a of bim ids,
4Mdeeer *411 part= t%e tasks eatlin.d baler
low w"ievatea Dias i
"4s ►etait AuA4loat
Stank 1 - tnlossation Davalepreh! I
j Tae Tieeslnsar sari press pact to tt e f
k lid for the wasteri eat~ PM astbitN;O~~e sioti.n ~
tit dCsMtlYe per:lt amet+dsent.
Task 3 - Map ft"arstlen
E tike ftflneer mull Prepare tvv 1) x4pso 109 the surrounding area moo a MOI a U604
at idea ![y- J
lno itol i o alny ie "ary,eUeu r►da , iia t/t i r ptsepessd ana. am I tr ompoet too lily burl*r ronee,
+r~.a
- OCT- -'94 = 13 :7 IaIf1 PLUMMO IW. TEL M 817-3-Q-4f-N #934 P33
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Wms-m Tm 21139 ALAN rll iu k FM FAX K 8603338 03/13
11111181 01111 OW343++3+ WILITIn todaNo
FJO
Agendalte
Cate
?ask 3 - rtMRr$ sladoo NARB@jcaant fiaa
Pete Invinser atoll update the AMS! awwseadoel dot" Daceyber
13, 1»'3I 00noomin9 sled t119 to Sae as technical
iatostasaon required butt i 1718100, is addition, the, L+lir•as
shall re a Marluatand Distribution Alin. TIn Marketo
ice and bistrlbWaa Plan oball describe various pro"sus
sncludimy a *i••-ova pr+ograa, use ray city an city, ovMd
'rrpstr-(pa , ri" -of-rays, •to,?, rholssalm distrlbutlee
sad ratan false that will be mtrietly Nea-duand■ basis and
not necessary to satisfy the loo peroent disposal revive-
Rents,
1111130 d - ar••oblo nppllCatlons
nlM hoer shall assspble all intnroaties TOVL"4 toe the
ppaa~4 t aaendssat irate a format aooaptabla the ll1DOC, The
Iagia•ar o"I develop a detailed eovar lector tact will be
draftee tar mad by, the city et Denton. The laetnaer "ball
provldn tear oopta/ of trim appltnatioh to the Mae and two
copies to ehf city.
task a - canduet No4im" with client and 2"CC
7180 Rngin" r shall ""We a mahis" of am lasting with the
Otty to review the data davelopod the p•ssit anaAduent
ioe, ay, the draft p•relt prev1alsllo repasod by 37ftd
Ma"Ir shelA provlda and aaallig with tM "RCO state is
r
site "IfOtsatlex hr liefollds Olsp•sal
task 1 • Assashle eeearal il+formatlon
Ooe•ral lneor"atioa to required about the facility iaaludtng
ownwabip► cobtoot person. aolllty leoalien adlseent land
LiMI,
Marty water surds (duress& am ps•rndwter),
adjacent landavasrs, Nearest soid•noe, Croy alld harvesting
prastieaa, WA location wt loo year floes plain,
i
InginaW Moll a1mves esneral Qllaatlens in khe registration
manytavaila city to amvinewh supply, e•n•roilntvraatlon not
{ lass, a - Mans of frVposee site
Tlu trlinter will develop sapnk that ldantlt 4h4 Bike henna-
fries in red on "ah of tho t•li•xinv oriYIMl llepsl county
Nphway Map$ VAN Topographic Map, USDA #0 soils Imp and Yilq
►
Pact 31
i
~ ~DCT-x,-194 MD 13,229 1Dir1 PLL"IR INC. T0. ~0~817-338-46^6 A834 P04
TAX NA 11603338 P. 04/13
OOT'25-94 TUE 2108 ALAM PIumk i kw
' tortoni a~oe o~u+oiru+ vrnrsiu A~oo~t
q;eradalVo
AgUdaltero XL A6d
Dale c'C!
?oak d - coordinate Necessary smile lcestinq a" s I
4 femte •t oet~iats
' fto ~+llammr x111 assist City la prr~~+alsin
for soils iab and 9motWe4umal angirleer nq raverts. City
shall Coatraot toy soils tat'tihq and r"ortllnq "Perot*&y from
this Contract. The 1nyie4.s viii oeerainate tusk •tfort~
review results and process letaraatien lwto lonwte acceptable
to the 49 Ne. 4
Took 1 - alwdge Teatinq
s!a izeer okou g4ather lntormuLon on the **at recom
eludri~ataraot riNktisa and th• PasaWters listed in the
aultionalnamysle lre"Irs tossaa0sthify anlioatientcriteria
4691t ` hedge a,"liCation data Caleulatian the
a6Lla am Scam ~tineo%asakla a cespoot anliaeioh orate tors the
pruposed site in preparation of tha appitestion.
Task I TxICC MAP Tranepmrter *"L* -ati0a Applioati0n
1a*4* p nl~ sit~s approv" ft~ i ~ei~tho~r• wtit~tit selected
Tranopsetarts fatiatrailan Appltoatiw.
Task 7 - 9"atinr renal Vella
?IYS anglnsar aha11 tasearah the RM1tCC, tLe Ta11a/ Water
Dwelrrsent MArd and the Taxes ttailrm44 me, lesion "oords
car lntor atten eenoarniaq 411 wswr, 611, and oil Wells
16"ta~ vithin 060 lset Ot the propetld iolta+ She
R{"Inser 11W 1 a the intimation into a forsat asaapt-
We to the rla~oe.
to" 0 - tefli0 Motlee and Weoting he Lnotents
=he 1<rlpinNr Will advise the City in proper greo.ewees for
2alldum notios and Pgstina slgna fteeasuty c comply with
1 Pities and lragala eao.
'Clgt'JC k
Yank f - Ar@401e T" M Regiatratien ApplloAtion
aoswhbb ei dnii a e fiinal all to r*qL*% A%&q~'applicaations,
Tack 10 - conduct taatiaq with cli•nl and JpACC
The sn9lheer shall pravlde soatings with client as re its to
i
scuff to rrwlwipermit application Subs~loolons tk the 2"40
i
PAU 3
r
- DCT-:6-194 WED 131:9 1DA PLlM4:A 9C. TEL N01917-339-46.,'+6 #am POs -
MT-2S-94 TM 21139 ALAN PLM..R 6 ASS00 FAR N0. 8803339 W13
s~nua euu t lrsst»u rrasM A~ecldafto9~
{
1 Aga~da~t
The Snllnwr shall advise c ty as to ~1a haeaaaity of ciey~s j
f ptoviAlt4 or abtalming tree re spacial eatvioes and ants
sjuired in oes+heetlon with the tooye of Services at eityrs cost
a amparwa, and say eat as city*e repraoentative in oonneotioa
With WW such am&"$ oI omme
It In WWW"tosd that this lgteoMnt coatagiatN "a fatal eyed
ecsplata atglnooring sasvisoe ;»el WW and all Cswngas teas-
eery to one
24 the ass; u oaflbled ;i1 she 8"" of Nr-
viees. Mctia veataincd = .hell be oonsttyod as s{1t11etiaing
s ►ddit;onai tees ter SH above described oe:wiaee.
zM cmiraer aoknoWloagae by the aWNatle" of We agreaant
i that all 9asiitag"91,98 kneva to the Xmiaser and city at the date
of this Mrepoat as say be Sea" neceaaty and prepay to cerplate
the Ace;ghseas have !tees! Swum in the sariwua fee astimts.
4 si'011ot III a toom& mund" 01 roamu1
i Yt ara4lwrie.d ;a srsMOW by Cit7a itglnser shell turnieh or
.main from ath4re epee s+swieas " to aempiete the
eN . lhase "niuw are trot ;heluSN as PSI* Of fiesie
Son Go$ as eutli"d in OMI01f It - OMPAOM ARP mrrmT of
UVWMIS &NOMefer "Lsl SaY;vss viii be paid for by City to
1"Leatad to $action r.
SWiffully, the Vg1m sr+s participation in a E~lie hear;nl
Is oonsidered special eoevieer. sae mWinsatia trail aties in a
well oloeure site or nbab;litation is eonsidereQ spselsi SM1046.
@WWI al IV ft 4211 ISO MSISi(MIN j
"a City ehslll
p ovide a map vita sneorution on adjacent landowners.
pf provide curt mop to sale of lanaawnere. a~3as"t to
ispesal alts and a list of lahdevnere' mailir addsuo-
ce. alas 0!yy akail p=o►ids noLaz;cod sflidlYlt !
iah4 ovnsre11p and a legal description of theterifyipcoposn~ sp k
registered sate.
E
(a) shall visually in the arse and convey intor.atim as
j
tatar, Ise and e;i ra;le Imtlon to tM engineer. !E
I (d) shall provide analytical data refoirsd to empleto permit ~
applloatlon~
(a) PxovL& all erltevl and Ml ;ntocsation as to cif f
tteanitaseatate and ddatgnata a parson W;Rh 4u14 Nitp to lot
ea olly*a behalf in all mattele concerning t lh'Ojact.
TAGS 4
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MENOMINEE
OCT-26-194 WED M29 rDifL FLUTER DC. TEL W,917-338-46.''6 #834 PO6
OCf-?5-~~1 NFt2l+lQ IV PUA4IER 1 AM FAX N0. 8603339 PAO/
Ap,~a No
MUMS
~eodatt /s 6 -
U~te
(t) Amalst iawinaar h,, obtaining existing studies, r its i
and other ara11sb1b ruts and services of ethane powtt
to tie maigarant and in *"Lnlnq additional reports and i
data es required.
• t
(q} v le notice, arrtn$ for aoooes to and teaks
a proviw ono ter bVIAaar to enter
private gropartq as lrayy bs row+llea~ lair„ paltile eto I
pertora services haswndor, snwlrsor to
ihl =f;nate b1 Wrltlnw a aylfirJ On vAO 1x111 act as
eitY r verresentatlve viih tosp•et to the nu
tA! Purpl sea 9f transfltti7 betructtau, rr"0iesirwiw
thm i ft"A 18're a v t!►rpraijK; t+~f '!'aelll* eltrrt. policies
"IneeR a aerl►iees
(U flavlw all r r0rtri tw"aandatl0w am otmr docwwianls
wA Provide vritten dadielehs pertain1n, thereto vitbin
a reaseaailO tins
si) sua*ine all etudlee, reports, $%atahes, dsavi
apaeirloations, is and other docmNAts
by su ln"to la adVlnA fit an afs%sayeye ureaoe
ewese or and at" r asesultants ae it dowse late
for ewh axaslertton ant render in rsltSn~ dae;sieelK
llertalninp tAssyks v1iIW1n a eoaeenabis Liss ie as pct to
s14;y- tAs ssWtilwr or fC 11mr,
(k) provide such 1 wel, aecouatl:~g. inaueanee sae ether
Counaslfnw ssrrIesa as may be rYOalrtd tot the sselgn.
Mont. I
i (11 pear all e06ts inoidaat to caapliahas with "Le seotLon,
v foot" 1 .
C0KTtMNl1Ca sd alletrna
orwA w/tsliseia~ati nor all of the I1eeiw,ua~is to be per
"NO s>
by ~q "bar in section rr • llJmou A"
of smngaR s 12"10 eree! $hall not ""ad seventeen
tlleusard fix %owred Dollars (417tdoo)~
*at %1ft**a a■11 be nested On tits DOM at the !w sehedu19
! Mrttet tllti 1ltucuaht~ie Hourly lea eehadole which is ON" a
Aft""" I
7!u Wiry aa►d •ha sawLnar anvil awns on tae seeps alld CM-
pensatiet► ter the perteriarco of spacial saylees prior to the am-
saneewbt Of suoA ial sOrrless, Tor Spec al services part Uod
gun ox i aN 411 , the D-wine0r v111 ha eaapan.atrd at the sage
as outlined in this saotien V.
PAO i
j
f ;
i
1
i ,
OCr-36-' 94 LED 13170 t D i f1. PLLMMER 11r. -M H01917-338-4M #834 P07
ent6LMR 1 ASSOC 1LFAX n 8603339 P. 7/13
9
"llaNo
9f
• OT panloTy 4
geTIew Ta
the trgiaaet ahail be pall 11anth1y On the basis of statU Mtt
prepersd from the books and records of see*"% of the 1lyineeT
suca statements to In tesified as to accuracy toad complialwe rIR
the terns of this ASTOWK by an officer of the WILmov, stiyment
seoord ng to statements wit be subisot to ssrtifisatiob br the
I--- it N Diraster of utilities at his dulr autherised repr*Mta-
tivss that such wrAt has been property performed.
the "eve oba an on the b&6ie of prompt of bills
render" and ooatmoue pt•OrTSN at tM wok on tYe Aseipuwnt
until eamplei ipn. U City tails to sake ally Wr to - t spa
to >by}inser t1r sarvioes properly petfosa4N vit)hL1 slylyrdays after
sao.ip~ st IIWamos statement thereat, the amount tole rlgt"aar
aba11 aft s ao~ar~s at tike rate of 100 pmreent pac monde fry
rid siltieth dal►. and is A"Won ingiaoor Palo sftar ivlny ewers
da~a writt4R netiae to City, 890PWA "Wieee uaaer this agreement
Mf1t11 imt2JAW Ms been paid in full all ameunta due for 116iffeii
t*eNr1y p~ltmed~
MIX monthly ilwoloes tot
!be city vt_~entva
attns ~ietsl Ceefrove
901-A Texas street
Dfinten, ft 76101
Talephvta xwssr (e1i1 !dd-fod7
smo13011 rst - 22mm ss WVLN of 1MKTTea1Te aamess
The lptinar Shall laitiato work presoribed hersucder tamed-
ietely upon the aaeauttan of this Agresumt and upon lonanse by
City of a **tie* Ve pfeeeedo >rmWesi shall perform the services
provided horoln in ninety (SO) ealeMeT "yo, 7uty reTwat for
al servic" *a11 be swoltm in surf iclent t W to allow for
I utiom of ssln►isss within loo doye,
sncrroti rats - emaaulnsteitt
{ no o! May t WASte this ressaaeanatt at &a time and for ae~y/
C444e by nottice in writim to the givineer, vpetl reseipt of 0=
aetlwo the !peer shall iuudtateiyy dieeentimle all Iwrrloes aa~pd
werk sae the p "Lng of al] orders at the enters1q into Coot 44DU
fort supplies assistanwt facilities and materWo in coaMotion
with the pe to s of the A e~me~t and shell arbOW to eancal (
>Iawemtqy~ettt et "Ktroets ine•f•r as they ate obargaable to
tlAlii
38 the City, ter hates tale ngraemont unnar M rormolm
paragraph, the City shell pay the anpinser for Nrvrees pr•Mrly
performed :n acCOrdence herewith prior to sued tArai.natiem, less
pros e
OCT-:6-194 wen 001 tDin. PLL"ER 9C. TEL M817-338-a6.'6 #04 cot
001-25-84 T% 21,41 KM PIMA l A= FAX K W3338 9 P, 1
! to~ioni ulna 4~Ir~orr~o~ UfILtftn AQflAa3N0
Ap0rd~1is
Dale
eaols ats b*vW bean pravlauely Rau. sual rarwento what& be
bam "Pon tD• wtk O*Wets up to the data of t6mWttai a the
faiaaeLaps~v ad :i~h.Yr"f. mli~i "r of alsotbe pooams~tedd
for all tarawtimp raleted euDOAM auau B4 asoti»y attih anoe,
doastlNrlt rspreda U". traadsr of retards, eta.
VW UNeleation of this hp*ommt, 4pe ~rgLruor Bull provide
th. city rescuduolme Opies of all "IL ate; or artLa ly c-on-
piOtad shgLaarLap doouaants Peered wider this APPOaant.
sfHlidr !t . t11~tiEwBtlad
&W OW W all aaintaia statllttop~ryy varkar's toxpenestLoh
oorwta*a e~1 r0' llability, seseenial gonossi
llal+ lily. setec,+bJla 3Labilityj and pro[asLemal 1Labilttr
Lithtssefsanw eonaage 2,; bq tha patLaa of pslaaianaa of •snrites
hereandatt is lire /Nlovi►, sdngr o esaw►tal
1f0iloBi'• Collpstisatiorl ~~~tutory
lb.►iyerh Wabilitr
i, o.nulretai senarel LisDili
``Imaluang Cshtrseteal Iity)1 q~
fully injury Ii i'iLfli Nall single
1 st.aty ews•) occur"" er aggtseyele
e. e~wwuomsvef Iwtm moils
ilityy (ovnad, Hired, and
OeynN Voblal ea) r
Bodily zhsry } 1l, oeo, 400 ooolalASd
single liaits for "Oh
srowrty Dauge) ow"reecs or aggregate
D. fraladalaal LiaUiiitr f1,00s,000 anrmal eygregate
sunt+ m"Ine r roil rur"Ish city inaww$ wrtitiastas to evidence
ay", TW eartiria OS411 oentaiS a prerislah that
*Wh LB4 ~ shall net be earwi.a, vithsut to sere prior written
stostsml it . t~rBSlursrsaulralr
nftVt ret the 6~44 &""040..1 l-- a1QltOM wail •OeS0l,
aMLnaar obeli ens use hereby awes to Lndomity and hold harnt"s
the city fowl any MM all domafa0, 16000 cost, of 11SWIty 0 9
kind *Mtfw~ LaolsdLh attornr►►ssys' fees, W stleMt 0r stno
Oft of the Willent eat or arlsslon of the enyln.er a snyLr~
shellr at Its cost and ekpMq, dafand and protect tze City against
!AS! !
1
1.. OCT-:6-194 MD M31 31 1 D r rt. RIMS J W. TEL h01617-736-4rM4 #BU P09
B/13
MT-25- 211(2 ALAN PL1Y41ER I AM FAX N0. 8w3339
t~ifiTia ar,sl 4+trsssfsr+ t+tjtrrlw r
Ag,rd&No
Agt &It
Dare
llv$1S
anl and all aueh alaiss and domando. city ayyroes to licit any lia- r
bi is of smirGer, its Officers, ebsr 91 ors, and eawloyeas to
the 426" of aatwl due inwrr«! by the city or the sus or
rive miuon tellers (ss,o~oq ,ooo.aol.
asal:oM >a • J* tulip nary bfmss102"M 1
"wr• are no third party benotiei■ries of this yroo~t be-
tvm City tad ~avL1s•r and no third party "m be entitled to
rely Uk" any vela-partorsed at reports prepared by Lrginaer bore-
vhdix as the purpsae V%Otsoovor.
"MOP sit - NNOL MS
F
Mot test I" or sDecUmps are wastoltd or inbstantially
altered dart eendtletiiI W testa by the lryine•e, anal t
in•ec's sale dieOntLoa# tngintor Will dispose (eubi•et to the
ii 4) at any ratainLy rasidto is.edlately upon completion at
i. V41nee! rill sailttaln pr6lorvable teat amtrples and sReoise*s
Or the swifts ftwotrela far 30 days attar vol"selon of
"vL►wros report free of otoraae ariar~ae. Attar the initial
to dayr and 4yss Written rows•ss sngLnear x43 rotalll test
spsCLMna or 4"1N for a su ua11Y aeoe>>tabla Storage Charge
and V%ted period Of tLK, City agrees at it rill not held
ImLr••r aws•esible or liable Or any lees of tout speoisans
or rauplao srtaLnd In stmm#o.
s. In %M want that saw" oentan~ substances or sonstitusnts
harardws or datrlamrmtal to health, safet , er the saviremrtset
so defined by todaral, .tats or loeal ototutes$ re"latiew or
0rdira*goe, fa/ir~ will altar aowletion of testing and at
i e1y amen"" (4) cetturo such lee to CL or (LI}
f dsi6o a 11rest algnad by Cittt as generator. Will aav aueh
1146 trahoppwprttd to a cost it's sated by city as genus.
t" and will aWe such eampleo 4 Wsed of Lt aeeerdan a with
Cily~• dLn•4ies,
City7 egress to pay l Coetd associated With the storage
tranepert, and 4LIM l •l~asardoY• rramplos. city racoris•a ar►~
ess that MelLt•et is aOtLas w a beila and at s• sins does
tegregiroer aware 44410 N SOU Waste,
All laboratory and field agaipneat oortatrinated in parletsing
these o"Uwering sttvic•s Whloh cannot be reasonably downtasinat-
"A In lf,a sole e~f~iwisR el t>.e eity, ohail koaooa the lrep•aty and
av ponsibiilty of atty. Alti sack egqa~ipiant shall be i•liwrea to I
City or .liepesed Of in a NUMOr eialiar to that Indicated in the
preview~ sail. airy OjC"9Cltyfiyseii glinlin,~ eawnno! ek abm•
sMiuaniii~ooatWail~at•1. ree
~ that e
1
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OCT-:6-'91 WED 13132 1D3M PLLHTR IM. TEL x01817-338-462% #04 P18
v-26-a TUE 21113 AIAR KL"ER t ASSOC FAX N0. 9843338 ~~r~uNo ? 13
/S 1119 4/
1412Ula 111161 WHY107661 WIL1T11a /I~j'prUII•Itl
t
3
slalom lull ~ iilOffOfitY pMtaf>ttkf ~ ltllifRl6"
City acknolrledses P4144ar Vill perfolrn part of the Vork at
Qit rs facilities t6~aat say oonl.ain hazardous satariais, inolud
potsoieun pro"-.LS, or coca tii 9", and the W4intfr od nn rrlar
;
role in the 9wanatien trwtmnt. storadeg or disnosLtion of 80011
•
"tarialff s Lneer a611 have no responstibility for the alee0V
aryl pY mra, hasali ng, or aisposal of or a>mesuse of rr betwo
hasar materiels in MW form atnie nvj t P I rMW --port
ever Linear shall have the sapes Y to W shall
t" l
or i 0o
t3m f iiMitl4X SUllaavid soarttisiadaiouldshave fieets ie.4that an "ginger
in oownsotion with haeasiws rsetoo~flttehugii~!•pottOlau* pre• 3t
tram MA againNt fel and all oli o band liabilities rr4suiEinp frOP11 )
rNulilIorCesyettiinaii reilating tenths disposal at 1baasexdow ate
i stsnsN va ~netitwn~r l se
(try City~s 11a11d13ir4r lysoval, treatment, star, traeaps!ta-
tion or disposal of base rdaw aubetandos or oesstik'"tuents tewld or
idfntifiot at line Otto, t~otlq the
►b{snt a~ inTAntiorAl s11wi ornesr eye operator 9 r 4er in no
slsa
~t shall wgLaaar ba comiaa
< t coserv~1 and ftioavory hot of 1614+ as 9waaaai, sit aay
ofi 6
gOS1o1r stv • •s4~ s0 avbssl .
VILROsr Straus that the city shall, until the eepirstion eC
thrum 1"" attar final pap"t wMas vcis t4ressent, have
906604 to M& the rl t to Uasiea an direetl partinsnt WOMS
q~ y I
p~ thl iv t1NUa9s-
donusan records of the igiaees is►ro
tioaf ru, rs and alatifat to 6 bfrsaaat. nser agrees that the OLW I
shall have aodfsf during normal VO n bouts to all neaewaa7t
i"insepeatatrwilities aNd chaff be pse Is oa4484"atte and appsepsi I
vewloni =oft t06 his war to ae MY $MR ilv19 Ift"i Wswibsenibla
I
frorse/ xv • sfoeI "M Res A989 "Al
TII! City ine tM R"inter "Ch bind thafselvafo their suoo"-
tors and SOPLIAs, to the other pasty to this afrorawae! is the
sueessaers sae assigns e! each 'Mer party in respeot t• ell
6vvuMne6 at We Avre"Wat•
faf0?iof sK • hssidM11gR1
transfer patty Mrsto Shall saslgn. sublet er transfer Its
Nsitber
1
lhdf !
i
OCT-36-194 WED 13133 ID3M PLL"lM INC. TEL ~Cest?-336-4636 "am Pit _
M-25-94 SUE 21143 ALM FLUIRIER I FM FAR ft 8603339 Agpr,0aho 9~ -
1•n•ia u~u *n»wn•• 141L1T1=1 k~j~, t;"a'•i0 ~
E
intereat herein Withsat Prier velteen Nnaent et th. other piKY~
and any ott ted an! nnant► sublet" or transfer of all or any
part honor Without such Prior Whitten concert deli be Vold.
PiCitOM ><7ii I1{p~}ff~Otof cWtuo"I
s4l tnaar o"ll porters all work and Seine" henU des as an I
I in14s eeatraotor, and not a an officer, agent. sensat dw
Iclevem of i CL . Dni"m &Mll bare ewolnelw ooatrsl of,
Sae tine *"I" w s t to control the details of the vow% r•s-
tors-d hartunder, all persons Perforaia+t sate, and shall be
solely wSeple"Mo Cow the Sets and Missions of its offie"40
""to am "Tiers". NoUin hsreln. sLell be OOilOU"d as
ow"tillg a L!si of or 3oietValltnre betweem tha city Sad the
w4lit"M sera, estate am eaploysaf, and desttins of
resPot►dent wavertor has he application as between the Citr and the
i ~ sear.
t goPloA1 ittsi! ~ estates
k Tease of *V suit er saws of notion eater this Agreeasnt
shaU Its to *"ten councys Tomeme
e010ltOM XU - PIS941
hay notice or ether Written ieutneent mpired or Iymsasitted
to be doliwrat under the terra of this Aeceaaont shall be do""
to haw been delivered, whether S41"Il received ov pots when
dalpoelted U IM VAitod Ptstw pile P PYspsid, registered ON
testified, rawrn !valet Mooteds oddrsseSd to tagin"r or City,
as. tae ass nay be, at the teilsvint addrpsal
etlY IIhCI1"
! city of nekton, Tmme Alan Plummer and Asseeiates, Ines
A3RM1 'City Manager Am0 ftoeldent
!1e 1. MeiliisNr 04L N. Mitetsll
boat", t'1t 74701 UIL"ton, 471 74013
litser Party voy Change Its Nallinq address by m"AL g netslos
of ahaags st address to the ethos at the akwe adJrseb by esrtifted
tall, return re"Appt ngawstod.
3m l1aTt11nt ae><r * the yartla hors "Wuted the Agreasaat, this
day of . tool.
this Agroaoeat is olto"04 in two ceunterrartr.
CITY or bm"N, mu
j
Llsy v. marre , c y Manager 1
U41 to 1
I
I
P.~3.1M IMM PLUVER t►C. T0. M617-338-4636 N034 via
a , ~99Rd3N0
h~andalt
ATitST►,P
44"If•r wttmo City l
lye
AMAtJtli4 AS TO UM FWs
COPT A, ftye Who City AtWW
sy,
Alan Pl~ aM Aswittwo Ines
i
s
.~~..ado-,
k
~'~i41 t ti
•
s:
A+
~ Lr
1
y
i~ 7 ~ try P a
PM1 11
l
N .1.
r{
OCT-:6-'91 WD 13134 1DrN RIMER O C- TEL lO+B17-338-46N NM P13
k 4Q9DQ3ND
s
Apo &:I y
03~~
i
ALAN t'LIMM AM AMIATE36 INC.
NMI son"
kw of
mm" Iatowmi t
s lath "NMI" MOO • 10.04
feeMleal Yrltdr N,00 i/.00
o~tur/Ted~Ntela" :1.00. 10.00
sun w1ao.oe - >ro.oo
N*1Kt W11/k1~ut11t 10.00 - 46800
{ f 00 - !Ll.DO
{ Mllatjil 10.00 - 130.00
i
f
Iit1~bH rats Of b6sw en matary eeet• that a 1101tlolNt of 2.126
Ia1brY Cott It WW OR d1»wt M mil watt time, 1.316 WAVY east ~
E ltwlyde dlmgt Wovil weetsq Mmil t&mp watteno hellderij stab
i 1ww~ Mlrleare 1060rates, am SO*? ft11►Pe benafite Wm by IM
00
A Nwltfollw it 1100 will be W11N to all d1wt 69W HS,
A twltlpliat if 1,14 will he sKl1N to III Ilbantmeted kerb.
la-hu" waww It bllted it W pet heat.
kPert Woos this to billed at 22,300 Pat day.
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ciTY COUNCIL REPORT 1ORMT
4y,0TO$ Mayor and Members Of the City Council tt(
/ROMi Lloyd V. Sorrell, City Manager
sVmme Prevailing Nave Rate Ordinance
Bi.L4Ki
Approval
3 1'
" ff This would update our basic mimeos wage rates using local data for construction
contracts. ;
This update using local rates that provide prevailing wage scales ie necessary
f to help gounarantee our contracts treat workers fairly with relation to
IrAbsPA a biPAe ns, OR GAMS rSC'tsDe
Ca ltal Improvesstt Pr rams, =ngineering i Transportation, occasionally some'
utility,d*partments, and contractors r.
tIeCAL IMP=t
in preparinq to update the regional
We used to use Dallas and rcrt North rates.
Bets, w noticed large incresseso Therefore, we surveyed local businesses which
helped eetablish lower rates than we would have had to use. However, the rates
will still be somewhat higher thin the old schedule.
8P fly C Dc
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City Manager f
` Prepared byl li
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Approver:
I "Jerar
I otr or o ginsering i Transportation
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r` . MUNICIPAL BUILDINQ 215 E MClQNNEy CEIY fON, TEVS 76201
Dt1V PONi rEXAS
(61710664200 DFW METRO 434.2528
MEMORANDUM
101 1994 E
October DATE t
DsputY City Manager
Rick utY City Manager
Tp~ svehia,
x & Trans rtation
Jerry Clark, Director of Engineering Po fI
3
SUSjZMt Provpiling Nega pate Ordinance
rectors bidding
ry z
be wags rates be sent to all coni:
ocai
The frith attached the City of Denton. Wages are based on average o! l +
ork
cohtraotors and a sample of those vho do business here.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING NEW PREVAILING
WAGE RATES FOR PUBLIC WORKS CONSTRUCTION WORK FOR USE IN THE
j SOLICITATION AND AWARDING OF CONTRACTS FOR PUBLIC WORKS PROJECTS IN
THE CITY OF DENTON; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CON-
FLICT-THEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
WHEREAS, in the solicitation and awarding of a?EtFracts for
"Public Works," the City Council is required by law TE.t. qEV. CIV.
STAT. ANN. art. 5159a (Vernon 1994) to ascertain ti:,o general
prevailing rate of per diem wages in the locality ir. which the work
is performed; and
WHEREAS, the City Engineer has conducted an inquiry and survey
of the wages paid by contractors doing public and private work in
the City of Denton, and after study and evaluation of various
conditions under which said wages are being paid to laborers,
workmen and mechanics for work similar to that done in the City of
Denton , the City Council of the City of Denton is of the opinion
that the attached Schedule "A" of hourly wage rates represents the
prevailing wage rates in connection with Public Works Projects; and
WHEREAS, Schedule "A" is established and shall be used by the
City of Denton as the prevailing wage rates and be the minimum
wages acceptable on Public Works Projects until further revised by
the City Council of the City of Denton;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The attached Schedule "A" of hourly wage rates for
Public Works Projects is hereby adopted for the City of Denton as
the minimum acceptable rates of per diem wages for Public Works
Projects, said Schedule "A" to be included in the call for bids and `
{ the plans and specifications for all projects, for which the City 3
of Denton is required to advertise for sealed bids for work.
SECTION II. Within one year from the ditr of passage of this
Ordinance the City Engineer shall submit to tk.e City Council a new
survey of wage rates for laborers, workmen, and mechanics for work {
in the City of Denton, for review and possible adoption.
SECTION 111, The City Manager, or his designee, is hereby
authorized and directed to administer all contracts for Public
Works Projects in accordance with the provisions of Article 5159A,
TEX. REV. CIV. STAT. ANN. (Vernon 1994)
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SECTION TV. That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are
inconsistent or in conflict with the terms or provisions con-
tained in this ordinance are hereby repealed to the extent of any
f such conflict.
SECTION V. That the provisions of this, ordinance are
separable, and the invalidity of any phrase of part of this
ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.`
SECTION VI. That this ordinance shall become effective on the
date of its passage.
j PASSED AND APPROVED this the day of , 1994.
I
BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WAIMERS, CITY SECRETARY
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By:
` APPROVED AS 40 LEGAL FORM:
DEAPA A.' bRAYOVITCH, CITY ATTORNEY
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SCHEDULE "A"
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1 CITY OF DENTON MINIMUM WAGE RATES FOR PUBLIC
ENGINEERING (HIGHWAY/HEAVY) CONSTRUCTION AND
UNDERGROUND UTILITY CONTRACTS
The rates below have been determined by the City of Denton,
Texas,in accordance with the statutory requirements and prevailing
local wages.
Overtime shall be paid for at the rate of one and one-half
(1 1/1) times the regular rates for every hour worked in excess of
forty (40) hours per week.
RATE
TRADE - CRAFT PER
M.aaSIIICATION
Air Tool Man
Asphalt Heatherman $ 7.50 i
Asphalt Raker
Aspphalt Shoveler 6.50
Batching Plant Scaleean 8600
Batterboard Setter
Carpenter 11.00
Carpenter' Helper 9.50
Concrete Finisher (Paving) 13.50
Concrete Finisher Helper (Paving) 8.00
concrete Finisher (Structures) 11.00
E Concrete Finisher Helper (structures) 8.00
t
Concrete Rubber 9150
sk slfotrioian
Electrician Helper 5.50
Fora Builder (structures) 13.00
Fora Builder.Holp►r'(Structures) 9.50
Form 18inat (paving i Curb) 6.00
Fore Setter (Paving i Curb) 9.50
" Form Satter Helper (Paving i Curb) 98.00
.00 j
Farm Better (Structures)
Form Better Helper (Structures) 7.50
Laborer, Common 6.50
E Laborer, Utility Man 7.00
c Kanhole Builder Brick I
KechOic 8.50
Mechanic Helper 6.00
Oiler 6.05
Serviceman 5.75
PAGE 1
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RATS
TRADE - CRAFT PER
CLASSIFICATION HM
Painter (Structures)
Painter Helper (Structures)
Piledriverman
Pipelayer 8400
Pipelayer Helper 6.50
Povderman 7.00
Reinforcing Steel Setter (Paving) 8600
Reinforcing Steel Setter (Structural) 8400
Reinforcing Steel setter Helper 6650
Steel Karker (Structural) 5.25
Steel Worker Helper (Structural)
Sign tractor t
sign Erector Helper
Spreader Box Man 6.00
Swamper 6.00
i
Egger IZmiRsent Qaratorsl
Asphalt Distributor 7.00
Asphalt Paving Machine 6.00
Broom or Sweeper operator 6100
Bulldozer 150 HP i Less 7.50 E
eulldoaer.130 HP 7.50
Concrete Pavinq curing Machine 6.50
Concrete Paving Finishing Machine 6.50
Conorete.Paving Fors Grader
f Concrete Paving Joint Machine
Conoro-ts Paving Longitudinal Float 6.35
concrete 'Paving Mixer 7.75
+ concrete Paving Saw 6605
Conorste Paving Spreader
Paving Sub Grader.
Crane, Claashell, Baokhoe, Derrick, Drag line, Shovel
(lass than 1 1/2 CY) 9600
Crane, Clamshell, Backhoe, Derrick, Drag line, Shovel '
(1 1/2 CY a over) 4.50
Crusher or Screeninq Plant Operator
Elevating Grader
Form Loader
Foundation Drill Operator (Crawler Mounted) 8.25
Foundation Drill Operator Helper 5.65
Front End Loader (2 1/2 CY i Less) 7.00
Front End Loader (Over 2 1/2 CY) 8100
Hoist (Over 2 Drums) 6.00 i'
1lixer (Over 16 CF)
PAGE 2
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RATE
TRADE - CRAFT ` PER
CLASSIFICATION I
i
Mixer (16 CF i Lssa) i
Motor Grader Operator, Fine Grade 9.50
Motor Grader Operator 9.00
Roller, Steel Wheel (Plant-Mix Pavements) 7.00
Roller, Steel Wheel (Other-Flat Wheel or Tamping) 7.00
Roller,, Pneumatic (self-Propelled) 7.00
Scrapers (17 CY i'Less) 7.00
Scrapers (Over 17 CY) 8.00
Side Booms
Tractor (Crawler Type) 150 HP i Less
Tractor (Crawler ) over 150 HP 6690
Tractor (Pneumatic) 8o HP i Less 9.60
Tractor (Pneumatic) over 80 HP 6.75
Traveling Mixer
Trenching Machine, Light
Trenching Machine, Heavy
Wagon Drill, Boring Machine or Post
Hole Driller Operator 5.75
amuck Drivers:
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! Single Axle, Light 6100 i
Sinql• Axle, Heavy 7.00
f Tandeal Axle or semitrailer 7.50
Lowboy-Float
Traneit-Mix 5.70
Winch'
Welder 10.00
Wolder Helper 7.50
The CONTRACTOR shall comply with all State and Federal Laws
applicable to such work.
d
The"above 7` 1
are minimum rates. Bidders shall, base their bids on
rates, they axpect to ppaay, if in excess of those listed.' The OWNER
will not consider claims for extra payment to CONTRACTOR on account
of payment of wages higher than those specified.
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CITY
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DATes November 1, 1994
Tos Mayor and Members of the City Council
rams Lloyd V. Harrell, City Manager
' IJBJiCTI Sanitatrryy Bawer Easement Abandonment
mooonnel Highlands Area
Bt~Al~li~T34W.
The Development Review C~Ommittee and planning and toning Commission recommends
approval.
The attached plat illuatratas the easement tract for proposed abandonment. Bill
Coleman, on behalf of property owner Jesse Latwrence, has asked that the Cityy
abandon the saeement tract shown,in conjunction with the platting of •McDOnn01
Hi9hlands rhaae 91. They do not sae any evidence that a sewer main was ever
installed within the boundaries of the easement tract in question.
jjn9lnaering Department, Utility Department, affected land owners
FIB= IM_9ACZs
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ORDINANCE NO.
AN ORDINANCE VACATING A CERTAIN SIXTEEN FOOT WIDE SANITARY SEWER
EASEMENT, BEGINNING ON THE SOUTH SIDE OF MCKINNEY STREET (F.M. 426)
APPROXIMATELY 920 FEET EAST OF GLENGARY WAYr MEASURED ALONG THEE
FRONTAGE OF MCKINNEY STREET, AND PROCEEDING SOUTHWESTERLY,
RECORDED IN VOLUME 695, PAGE 350 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from Jesse
Lawrence for the abandonment of a certain sanitary sewer easement;
and
WHEREAS, the City Council of the City of Denton has determined
that the sanitary sever easement being vacated is no longer needed
for public use; and
WHEREAS, the fair market value of the sanitary sewer easement
~ by section X r CODE 272.001 of
2 0art.
has the Texas determined Local G vernment Code sand DENTON required
IV. (1991); NOWT THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the sanitary sewer easement recorded in Volume I
6950 Page 350 of the Deed Records of Denton County, Texasp as
described in, Exhibit "A", attached hereto and incorporated heerein i +
by reference;' is permanently vacated and extinguished as a pnbiio
easement.
SpCRION IY. That by reason of such vacation the 'City of }
Dentonls property interest in the easement shall, by operation, of,
law, revert to the owner or owners abutting the easement herein
abandoned, and the City of Denton releases any and all claims to
the use of the property as a public easement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval 3
PASSED AND APPROVED this the day of 1994.
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BOB EASTLEBERRY, MAYOR
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ATTEST!;'
JENNIFER WALTERS, CITY SECRETARY 3 p~
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PROVED AS TO LEGAL FOR![!
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` EBRA A. DRAYOVITCV,, CITY ATTORNEY T'
BYs.
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`EXHIBIT A• 31P "q
ALL that certain lot, tract or parcel of land lying and being situated in the ~g
1 city and County of Denton, State of Texas in the Gideon Walker Survey, Abstract
Number 1330 and the Moreau Porr,st Survey, Abstract Number 417 and being part of
a 590.591 acre tract located on the south side of P.M. 426 as referenced in the
sanitary sewer easement deed from Henry 8. Miller Company, Trustee to the City
of Denton recorded in Volume 695, Page 350 of the Deed Records of Denton County,
Texas and being more particularly described as follows3
811IN0 the centerline description of a 16' wide sanitary sewer easement to the
City of Denton, recorded in Volume 6950 Page 350 D.R.D.C.T., the reference point
of this description to the intersection of the east line of said 590.591 acre
tract with the southwest line of P.M. 426;
DBPART said reference point with a circular curve to the right having a central
{ angle of 186 30' and a radius of 1086.98 feet, a distance of 350.97 feet to an
angle point;
THBNC! north 409 35' west a distance of 1355.1 foot to an angle point;
f THINCS north 41. 12' went a distance of 617 feet to an angle point;
i TNBMCE north 47' 43' west a distance of 92.4 feet to an angle point;
I THSNCB north 524 12' west a distance of 67.4 feet to an angle point;
THBNCZ north 640 58' west a distance of 304 feet to a point in the southwest line
of P.M. 426 and the POINT OF BIGINNING of this description;
THEMCB south 350 02' west a distance of 764.82 feet to a point of curvature)
THSNCB with a circular curve to the right having a central angle of 320 00' and
a radius of 5S0 feet a distance of 307.18 feet to a point of tangency;
{ THENCB south 22' SS' east a distance of 61.96 feet to a point of curvature
THSNCB with a circular curve to the right having a central angle of 279 00' and
a radius 4SO feet, a distance of 212.06 feet to a point of tangency;
THBMCB south 044 0k., west ■ distance of 616.37 feet to a point of curvature;
THENCE with a circular curve to the left having a central angle of 330 38' and
a radius of 400 feet a distance of 234.80 feat to a point of tangency; "r
reMM south S4' 02' west a distance of 615 feet to a point for corner;
THBNC9 north 69' W west a distance of 1276.80 feet to a angle point;
THSMCB south 870 10' west a distance of 103 feet mote sr lean to a point in the
$ City of Denton east property line for the and of the easement;
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PROPOSED SEVER EASEMENT AHANDQ-MENT
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Minutes Piz Commission
September 28, 1994
Page 2
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Greg Edwards: 501 S. Carroll Blvd., ID, Denton, Tx 76201.
We feel that we meet the City of Denton requirements. The
owner of the property is here, if you have any questions we i I
would be glad to address them.
Mrs. Russellt Anyone that would like to speak in favor of the
petition? Anyone to speak in opposition? The public hearing rE,
is closed. Does staff have any remarks?
l Mr. Cochrant I move we approve the preliminary replat, Lot ;
SA, Block 5 of the W. H. Wattam addition.
Mr. Cooper: I second.
Mrs. Russell: Motion carries (5-0).
} III. Consider the abandonment of a sanitary sewer easement in the
proposed McDonnell Highlands Subdivision.
Staff report by David Salmon.
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Bill Coleman, a surveyor for owner Jesse Lawrence, requested
that the city abandon an existing sanitary sewer easement. It
r runs from McKinney St. across from Clayton Estates Mobil Home
Park, runninq approximately south then west toward the City of
Denton waste water treatment plant. The applicant actually
only requested that the portion of casement through his i
property be abandoned. Upon finding there is no sanitary
sewer in this easement, nor is it likely there every will be, k
staff recommends abandonment of the entire easement. There is
already an existing sewer that runs from McDonnell Highlands
Subdivision, due south and then west to the waste water a
treatment plant. It isn't very likely that there would need'
to be `another one in that area running in the same direction. f
The existing sewer is in a completely separate easement so we
+ai
really don't see a need to have this easement there.
} Mr. Coopers What happens beyond McKinney, does it just dead
end? f
1 Mr. Salmons This, easement ends at McKinney Street. The Sk
I easement, sanitary sewer that is there is to the west of this s
Mr. Coopers On the north end, is there another easement on A
the other side? Was that intended to serve the other side? }
Mr. Salmon: I think originally, this easement was intended to
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Minutes Pit Commission Oz;e 7~g.
September 28, 1994
Page 3
j
serve where this mobile home park is. I think this was an
j alternate sanitary sewer constructed in an entirely different
easement. I think that sort of negated the need for this one.
Mr. Coopers As far as the city engineering staff is con-
corned, there doesn't appear to be any future need for it?
Mr. Salmons No. we have been out there. There are no man
holes, or anything that would indicate there is a sanitary
sewer there. We have one that runs pretty well parallel to
j this already. .t eras constructed in the mid 80's when the
mobil home park and high sch:ol vent in. We don't think there
ought to be a need for this particular easement.
Cochran: Do you know when this easement dates from?
Mr.
Mr. Salmon: I don't have that information with me. I think
` it has been there over 10-15 years.
f Mrs. Russell! Any other questions?
Mrs. Flemming: I was curious as to how izpo!:tant it is.to
bring these type of issues to P i Z? Is the city rec^:estirg
the abandonment or the owner?
Mr. Salmon: The owner is actually the applicant. Upon
further review, rather than just abandon the portion through
i his property, we would go ahead and try to abandon the entire
easement. There doesn't seem to be a use for any of it.
Mrs. Flemming: I was just wondering, why it was necessary to
bring it before P i Z? It seem,; like to me that staff could
make this decision. j
Mr. Salmons Ultimately, this hss to approved by the city
council. You would be recommending to the city council.
Mr. Robbins: There is also a charter requirement for the
Planning and Zoning commission to review this kind of thing.
Mrs. Flemming: Does the city ever do an inventory of the
number of easements that they have no use for and will need to
j be abandoned?
Kr. Salmons We don't have a comprehensive inventory. We do
have an easement map that shows all of the easements. There
may be some easements that aren't on the map, but for the most
i part, all of the easements are on the map.
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Minutes P&Z Commission
September 26, 1994
Page 4 "~Oo
Mrs. Russell: Are there any other questions?
Mr. Cooper: I move we approve the abandonment of the sanitary
sewer easement abandonment across from the McDonnell Highlands
area as recommended by staff.
Mrs. Schertz: I second.
Mrs. Russell: Motion carries (5-0).
IV. Fred Hill Addition.
as Consider a sidewalk variance in the Fred Hill
Addition Subdivision. i
Staff report given by David Salmon.
Fred Hill has applied for a variance of the sidewalk require-
sent along the frontage of his property on E. Hickory Street.
This has a little bit of a history to it, and I think the
applicant or his representative will probably describe in more
detail: This is a piece of property that a plat was approved
i on back in early 19e4. At that time there was not a re-
quirement to install a sidewalk. For some unknown reason the
plat was never filed. If a plat is not filed within two years
of the date of approval, it becomes null and void. Techni-
cally, in order to go back and try to do something on this
roperty, it would have to be platted again. So the applicant 3
has brought in a new plat and we are going back through the
platting procedure. This time however, we do have a sidewalk 1
requirement. That is why we are requesting a variance.
In order to recommend that this variance be approved, it does
have to meet three criteria that we are all familiar with.
First, that it not violate any of the cities master plans.
The second, that there is some unusual shape or topography in
the propert)► that would make it difficult for someone to
construct a sidewalk. The third is if there is such a '
physical barrier, that it not be something that was created by
the owner. This property is pretty level. There does not r=;
appear to be any unusual topography nor an unusual shape as
1 far as the frontage goes. Staff would have to recommend the
11 variance not be granted.
Mrs. Schartz: Are there sidewalks on either side of the
proposed sidewalk on East Hickory?
Mr. Salmon: Not near there.
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CITY
COUNCIL
41
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DATE: Ncvem er
L CITY CDUNCI REPORT
j TO: Mayor and Members of the City Council
f~
PROM: Lloyd V. Harrell, City ,tanager
SUBJECT: ORDINANCE APPROVING THE TAX ROLL FOR 1994
8101MMERMI[Q9: Staff recommends approving the 1994 tax roll.
7
' SMMfi aBY: The approval of the appraisal 3
required by the Texas Property Tax Board. These st ps are required to makethe tax
J
roll legal. In August, the certified appraisal roll was approved. e4nce that time, we
developed the tax roll by using the 1994 tax rate to calculate the amount of tax due
for each account on the roll. For ;►our review the tax roll was place in the City
' Menaper's conference room on October 26, 1994.
PROG wwe' i
----~QEeARTMENTB OR GROUPS FFFr•*sn.
k departments that are supported b All the General Fund
approval of the attached ordinancey property tax revenue will be affected by the
i
IMPACT:
The total tax levy on the 1994 roll is 810,630,580.80..' We
anticipate Collecting at least ninety-seven point five (97.6%) percent of this amount. i
~t YlC Thee funds will bb used to cover maintenance and operating expenses as well as our
debt obligation.
Respectfully submitted:
00
Lloyd .Harrell
nwr.aw City Manager
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A~3oclaft ~
ORDINANCE N0.
OF THE CITY OF DEHTONr TEXAS, APPROVING THE 1994 TAX
r
j: ROLLS AND PROVIDING FOR AN EFFECTIVE DATE. i
' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
roves the 1994 Tax•
ty t i 4
g~ OWN t. That the City council hereby aPP
$Texas in Rolis of the City Of Dentoaisai Roil assapatount Of
proved b the Appraisal
tr based on the Certified APP '
Review guard of the Denton Central Appraisal Distr ct
SBCTiOH ii. That this ordinance shall become effective.immed
' 1eteiy upon its passage and approval.
day of r 1994.
PASSED AND APPROVED this the
BOB CASTLEBERR r MAYOR
r
ATTEST:
i~7` rTEtltIiFER pAI1PERSo CITY SECRETARY
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APPROVED.AS TO LEGAL FORM: 9
CITY ATTORNEY }
DEBRA A. DRAYOVITCHr
s BY: `
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' DATE: 11/01/94
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TO. 1 t ff
Mayor and Members of the city council
FROM: Lloyd V. HarteL, City Manager
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UBJ• Approval of an ordinance a
j between the City of Denton and they the C,4 Manager to execute an agreement
expenditure of funds sued Denton Housing Authority; Authorizing the
i providng an etfeWve date. {
a ' Safe Moommends approval.
u Punding fur pw* was initially approved through an gb amendmeMt to the js
+ dcx was approved by aty Council On MAY5149°3 sa of
T f Denton Housing Authority has obtained sd of fiWing for the
pr~o}~'4 Including: ~ I
• Pedersl Home Loam Bank funding through Port Worth Mortgage ?
Corporation (Colonial Savings)
• State of Texas HOME Wing
! State
y at Texas Low boom Housh* Tax Credits
Mortar McCain Architects have des!
Will house ten wlh and the mhabMtatk% Srbd bah the new
of building that
units and common areal for the reawnt, the hotel. The hotel will house 24
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The City of Denton's pub
ing
Depubm
t has assisted in the bidding per.
Bid cloaLt date on the
tt
project was November 1 ; rr
, 1994.
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The ordinance will approve use of the CiVa CDBp funds for the
statd"S for services to be provlded residents by the Denton Housing and set
The t"M of the OOntlact is ten years. g Authority.
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PROGRAMS. DEPARTMENTS OR GROW AFFECTED: 0 of i- -q
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` Dadon Housing Authority 1-7
Poteat➢al Elderly Residents of the Facility
« I State of Texas HOME Program
I Federal Home Loan BOWOrt Worth Mortgage Corpaation
FISCAL IMPACT
r ` There will be ao WOW to the general fund. 1990 CDBG funds have been set
Wde for the project
y submitted.
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Chy gaga
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Barbara RAtM
Cotmnualty Development AdaliOletratcf
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" r S~teCUtiYts Dlrectora Rlanning.& Developtntm
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~ger:daNo 9'V-6u
~g3ndelt 47
ORDINANCE NO. t7
AN ORDINANCE OF THE CITY OF DENTON# TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND
DEMTON HOUSING AUTHORITYI AUTHORIZING THIS EXPENDITURE OF FUNDS AND
w k PROVIDING AN EFFECTIVE DATE. j
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSS
ggCT__ IoM i. That the City Manager is hereby authorized to
i, execute, on behalf of the city, an agreement between !h whicCity of
is
of
Denton and the Denton Housing Authority, a copy
hereto and incorporated by reference herein.
88 ON 11. That the expenditure of funds in the amount of
oi►e'hundred thousand dollars ($100,000) is hereby authorized.
That this ordinance shall become effective
ironed ately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
r
BOB CASTLEBERRY, MAYOR
t
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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~ eYs
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCN, CITY ATTORNEY
j BY:
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9en?a No 94 -
AGREEMENT EETRERN THE CITY OF DENTON /
AND DENTON HOMING AUT80RITY
This Agreement is made and entered into by and between the
f City of Denton, a Texas municipal corporation, acting by and
through its City Manager, pursuant to ordinance, hereinafter
referred to as CITY, and the Denton Housing Authority, 308 S. Rud-
dell, Denton, Texas 76205, hereinafter referred to as CONTRACTOR. f
WHERBAB CITY has received certain funds Prom the U.S. Depart- f'
sent of Housing and Urban Development under Title I of the Housing I
and Community Development Act of 1974, as amended; and
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorized budget for expenditure of funds for the re-
habilitation of the Crawford Building at 306 S. Locust, Denton,
E Texas; and
WHEREAS, CITY has designated the Community Development Office
as the division responsible for the administ7ation of this Agree-
ment and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such
project;
NowI THEREFORE, the parties hereto agree, and by the execution
hereof are bound to the mutual obligations and to the performance
and accomplishment of the conditions hereinafter described.
TEAM
} This Agreement shall commence on or as of September 1, 1994,
and shall terminate at midnight on August 31, 2014, unless the term
is extended by written amendment to this Agreement or this Agree-
sent is terminated earlier pursuant to Article XV. hereof.
RE8PONGIEILITIRS 1
CONTRACTOR hereby accepts the responsibility for the perfor-
mance of all services and activities, described in the work State-
ment attached hereto as Attachment "A", in a satisfactory and
efficient manner as determined by CITY, in accordance with the
terms herein. CITY will consider CONTRACTOR'S Executive Director
of Planning to be CONTRACTOR's representative responsible for the
sanagemant of all contractual matters pertaining hereto, unless
written notification to the contrary is received from CONTRACTOR,
and approved by CITY. The CITY'S Community Development Administra-
tor will be CITY's representative responsible for the administra-
tion of this Agreement.
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CITY'S OBLIGATION
A. CITY shall provide funds in the amount of $100,000 or less
to assist the CONTRACTOR in the rehabilitation of the facility
located at 306 S. Locust, Denton, Texas 76205.
a: B. The CONTRACTOR agrees to hold and save harmless the City
of Denton from any and all loss, cost, or damage of every kind,
nature or description arising under this Agreement or from any
source whatsoever.
C. Upon receipt of copy of the construction project contrac-
torts itemized invoice for final payment, aad written verification
from CONTRACTOR that the work described in the invoice has been
performed, the CITY will issue payment to the CONTRACTORf provided,
however, CONTRACTOR understands and agrees that CITY will not make
any payments until it has received funding for this program from
the Federal government.
D. The CITY shall comply with the HUD office of management
ensure shall be pare
and forming genvironmental review to CITY
met.
E. This Agreement and the payments made hereunder are contin-
gent upon receipt of U.S. Department of Housing and Urban Develop- I
sent Community Development Block Grant funds, and shall terminate
immediately, notwithstanding the provisions of Article XV hereof,
should such funds be discontinued for any reason.
IY.,
COW711IANCE UNITE ants AND LOCAL LADS
The CITY and CONTRACTOR agree to perform their duties in the
Programs in compliance with the U.S. Department of Housing and
Urban Development Community Development Block Grant regulations.
REPRESENTATIONS I
As The CONTRACTOR warrants that it Is the legal owner of the
property described in Article III, Section A and CONTRACTOR agrees
to allow the CITY access to this site for inspection purposes.
CONTRACTOR further agrees to allow the CITY to bid t`:e CO.WMCTOR's
construction project through CITY'S Purchasing Department for the
repairs of the Crawford Building.
1 B. The CONTRACTOR covenants that it shall continue to utilise
the facility at 306 S. Locust, Denton, Texas 16205 for a minimum cf
PAGE 2
. ~isada~~fo
a9"at,d3if9
twenty (20) years after improvemento are completed to provide af-
fordable housing, in compliance with affordable housing, i.e. as
defined by HUD regulations, to low income persons age 62 and over.
VI.
OOV23UUITS
f A. During the term of this Agreement, CONTRACTOR shall not,
_ without the prior written consent of CITY's Executive Director of
Planning and Development or his authorized representative, change
the use, or function of the property.
(1) If CONTRACTOR proposes a change, the proposed change
j must meet one of the national objectives, as set forth in f
24 CPR 1570.208 and the center must not be used for the i
j` ge,ieral conduct of government.
(2) If it is determined that the changes do not meet the
national goals for use, the CONTRACTOR must dispose of
t1ho property or reimburse the CITY for the funds expended
pursuant to this Agreement.
B. CONTRACTOR shill comply with the uniform administrative
requirements, as described in Section 570.502 CDBG regulations, a
copy of which is attached hereto.
VII.
vswAu noon
All fees collected for servicer and monies from the sale of
salvaged buildinngq materials are considered program income, as E
} described in-Saction 570.504 CDBG regulations (see Attachment "D"),
and shall be retained by the CONTRACTOR to be used for Program
activities as previously described. CONTRACTOR shall keep fiscal
records which reflect the use of these funds.
VIII.
{
XAI117piUCE OF RSCORD8
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received under this Agrsea%:.zt and with any other
appplicable taderal and State regulations establishing standards for
finanoial management. CONTRACTOR's record system shall contain
sufficient documentation to provide in detail full support and
justification for each expenditure. Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal accountability and
liability under any other provision of this Agreement or any
applicable law. CONTRACTOR shall include the substance of this
provision in all sm.1ocontracts.
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