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HomeMy WebLinkAbout12-20-1994 1 I ;a CITY COUNCIL AGENDA PACKET 1f 12/20/94 fd S f } i t~0s Iit~ . v I v Apladall AGENDA CITY OF DENTON CITY COUNCIL December 20, 1994 Closed Meeting of the City of Denton City Council on Tuesday, December 20, 1994 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:15 P.M. f i 1. Closed Meeting: A. Legal Matters Under TEX. GOVOT CODE Sec. 551.071 1. Hold a discussion regarding a response to the letter of November 10, 1994 to Lloyd V. Ilarrell from GTE relating to Article 13 of the City Charter. 2. Consider settlement offer in gor v. city ng 4n. 3. Consider settlement demand in David Rose V. c tv of Demo • ~gg B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1 1. Discussion regarding property acquisition on Foster Road and Edwards Road. C. Personnel/Board Appointments Under TEX. GOVT CODE Sea. 551.074 1. Continue annual evaluations of the Alternate Municipal Judges, the Part-Time Municipal Judge, the Municipal Judge 'llnd the City Manager. Work Session of the City of Denton City council on Tuesday, December 20, 1994 at 6:00 p.m. in the City Council Chawbars of City Hall, 215 E. McKinney, Denton, Texas at which the following items i will be considered: 1k, 3 NOTE: A Work session is used to explore matters of interest to one or more City Council members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on A future regular or special meeting the Council for citizen input; city Council deliberation and fo•mal City action. At a work -assion, the city Co>>nail generhlly receives infcrmal and preliminary reports and informai ion from City staff, offioiula, members of City coamittees, and the . nlividual or r F, I ~gertdaMo„ L .QGL/ ~ ` City of Denton City Council Agenda AQCRi~3►tanl_ December 20, 1994 [~+8` Page 2 E organization proposing council action, if invited by City council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work sessions are public muetfngs, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session 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 regarding the citizents 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 i. 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. Y 6100 p.m. 1. Receive a report, hold a discussion and give staff direction regarding the, revised policies and procedures for the human services Coumittee. r 2. Receive a report, hold a discussion and give staff direction regarding the results from the 1994 human services needs assessment. 9. Receive a report, hold a discussion and give staff direction regarding an auditor's report from Reed and Stowe relating to the GTE franchise. 4. Receive a report, hold a discussion and give staff direction } regarding the establishment of the Ruth 1. Anderson Estate Trust Fund for youth programming. 5. Receive a report, hold a discussion and give staff direction regarding a 511 telephone system. 6. Receive a report, hold a discussion and give staff direction regarding proposed revisions to the temporary street closure procedure. R4oei a repL,.L, hold t discussion and give staff direction regarding the selection of a Teen Court Board of Directors and Jrvenile Crime Interagency Coalition Members. i G AgandaNo -9 ".L . City of Denton City Council Agenda Ago':~i°'I ?I r1J~ December 20, 1994 (1318 1'~CQ~Q7 Page 3 3c~ J Regular Meeting of the City of Denton City Council on Tuesday, Docember 20, 1994 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following tame Will be considered: i 7:00 p.m. 1. Pledge of Allegiance t 2. Consider approval of the minutes of October 4, 18, and 25, 1994. i 7. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning .574 acres from a single-family (SF-7) zoning district, to multi-family (MF-1 . located near the southeast corner of Locust Streeteand Coronado Street. (The Planning and Zoning Commission recommends approval 6-0.) r B. Hold a public hearing and consider adoption of an ' ordinance adopting a i f. zoning district from duplex i(2 ) to Planned Develop ent. The .1510 acre tract is located approximately 61 feet east of the northeast corner of Carroll Blvd. and Prairie Street. (The Planning and Zoning commission recommends approval 7-0.) 4. 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 t designee to implement each item in accordance with the Staff recommendations. The City Council has received background i information and has had an opportunity to raise questions regarding II these items prior to consideration. Listed below are bids and purchase orders to be a i~ payment under the Ordinance section of the agenda. Detailedeback- up information is attached to the ordinances (Agenda items 5.A, 5.8, 5.C, 5.D, 5.E, 5.F, 5.0, !j,.H). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw a of a n ite~eprior to approval of the Consent Agenda. Upon the receipt e; quest to speak form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. i it .SIQI + ■ 7 City of Denton City Council Agenda ~BACdFIO. ay-o~ December 20, 1994 q~g~~ljt~ Page 4 Q3~o I u U 4'") A. Bids and Purchase Orders: i. Hid 11681 - Ems supplies 2. Bid /1687 - Relay Test Set 31 Bid 11688 - 2 Person Aerial Device 4. Bid 11689 - Refuse Trucks 56 Bid 11690 - Utility Power Source Truck 6. Bid 11692 - Feedwater Heater Tube Replacement 7. P.O. 151653 - Hanson Information System ' B. Fees " 1. Upper Trinity Regional Water District r r C. Agreement s, 1. Police Sedans (r D. Contracts 1. Denton City-County Day Nursery ' 2. Fred Moore Child Care Center 36 Friends of the Family 4. SPAN 50 ordinances t A. Consider adoption of an ordinance accepting competitive p, bids and awarding a contract for purchase of materials, equipment) supplies or services. (4.A.1. - Bid 11681, 4.A.2. Bid 11687, 4.A.3. - Bid 116881 4.A.4. - Bid j 11689, 4.A.5. - Bid 11690, 4.A.6. - 1692) B. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.7. - P.O. 151653) C. Consider adoption of an ordinance authorizing the }ti„ expenditure of funds for the purpose of payment by the City for administrative a.-d prof fees as per cur' %ot agreement with the %ppnr Trinity Regional Water Di strict.(4.9.1.) I k 1 9Q9,7(SdNO -c4 City of Denton City Council Agenda Aae+;o~t~ December 20, 1994 Page 5 j U S' 00 II D. Consider adoption of an ordinance authorizing the city i t Man~mjer to extend an interlocal agreement with the County of Denton to authorize participation in various Denton County contracts for the purchase of various goods and services. (4.C.1.) R. Consider adoption of an ordinance authorizing the City Manager to sign a contract between the City of Denton and Denton City-County Day Nursery, (4.D.1.) F. Consider adoption of an ordinance authorizing the City I Manager to sign a contract between the City of Denton a+id Fred Moore Child Care Center. (4.D.2.) 1r' G. Consider adoption of an ordinance authorizing the City Manager to sign a contract between the City of Denton and Friends of the Family. (4.D.3.) H. Consider adoption of an ordinance authorizing tae City Manager to sign a contract between the City of Denton and SPAN. (4.D.4.) is i. Consider adoption of an ordinance prohibiting parking of vehicles on certain portions of Maple Street. (The Traffic Safety Commission recommends approval.) t J. Consider adoption of an ordinance prohibiting parking on certain portions of Bernard Street. (The Traffic Safety commission recommends approval.) K. Consider adoption of an ordinance prohibiting the parking of vehicles on certain portions of Lakey Street and certain portions of Wilson Street. (The Traffic Safety i; Commission recommends approval.) L. Consider adoption of an ordinance prohibiting the parking of vehicles on certain portions of Ruddell Street. (The Traffic Safety Commission recommends approval.) M. Consider adoption of an ordinance authorizing the Mayor to execute Amendment Number One to the agreement with the * City of Denton and the Denton City-County Day Nursery to t provide for the construction of improvements to drainage and to extend the agreement term one year in exchange for additional fees. F i I`'rsa 1 1 owl A~J~JCli31l9 City of Denton City Council Agenda Data j " December 20, 1994 Page 6 { N. Consider adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Captain who are also assigned to perform the duties of ENS Program Manager. 0. Consider adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Driver who are also assigned to perform the duties of Maintenance/Logistics Officer. P. Consider adoption of an ordinance amending the 1994-95 ;r annual budget of the City of Denton by accepting funds in the amount of $10,280 from United Way of Denton and expanding such funds for recreational low-income and non-English speaking children re iidi gfin the owsley neighborhood. ' i I 6. Resolutions A. Consider approval of a resolution authorizing the { acceptance of funds from the Ruth I. Anderson Estate; r authorizing the creation of a trust fund and approving a budget for the I.H.A.O.I.N.E. Youth-At-Risk Program to be administered by the Parks and Recreation Department. f l 7. Vision Update r R 8. Consider a nomination to the Keep Denton Beautiful Board. 9 consider nominations to the Denton County Housing Finance ~ Corporation. i. 10. Miscellaneous matters from the City Manager. 11. Official Action on Closed Meeting Itemss A. Legal Matters B. Real Estate 0. Personnel r D. Board Appointments w 12. New Business This item provides a section for Council Members to suggest items for future agendas. 7. k i +Nw C i r i I Age:~d3No~-~~- City of Denton City Council Agenda + December 20, 1994 Age{.d3 t` Page 7 pate _ 13. Closed Meetings A. Legal Hatters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551472 - i I C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on F ` r the day of , 1994 at o'clock (a.m.) 1 ` ~ CITY SECRETARY , 44 NOTE* THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN =j ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUii$TED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY ' SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX 90 THAT A SIGN LANGUAGE INTERPRETL.`R CA17 BE SCHEDULED rHROUGH THE CITY SECRETARY'S OFFICE. n' o ,F ACCO0235 „k t ~ E L[r■` or T I FAI ~fYT'fI~ 1 DENTON oaoooooQO ooo° o v b ~ooo ~ O`JOti o OD ~ I1II C3 o o_ r , ov. oooa N. :..0000 oonoooo ~ ~ ~ a 4 t, Ci?T COUNCIL t. 1. 6 E .~+aeRr WIN'a- DATES M2jD- 4 3 WY COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager j SWt Dkcusloe of the Homan Services Committee's revised Policies and Procedures and application. f s i RKOM31MATIONt 1 The Homan Services Committee recommends that they begin the an of the revised policies sad proceda vo and agency application for the 19941995 funding year. . { SUSIARYs The revised policies and procedens niR guide the Human Services Cammltta In making r their recommeodatfons to City Council. Following is a summary of wove changes: ri x f a In Section IV, current committee practices concerning timing of meetiops, closed meetfegr acd tYPes of requests to he cowMtrtd were foeo'Posaced into the t docuoent. . • to Section VI, the explanation of the application process for specks was ref9ued. { n Section V14 describing funding priorities was revised. Statements that start-up r F hording was a priority and specks would lose loading after three years were I ~i tif3: I deleted. Service and capacity criteria were reviewed mad rtMed to encompass cuneot committee concerns. ~I f Sectloos VHI and M describing the types of actions to be taken by the committee d„ ^ti and Ike appeals procedure were ahered to reflect what otiosity occurs In the process. The amliation was revised to delete reduodandes and provide an We format. The format wCt allow agenda to determlae bow much taformadon they provide. Addhlonal Informstioo has been requested regarding how @packs plan tomearore their performance and encourage care management for dents. BACKGROtMi Lori spring, City Council requesed that the Human Services Committee and City staff r 4 review the d?clslon-making ptr: m for ~Lnding boas service organizations. 1. August of t e. IAN the Comtiktra mdkd .rri •eys to all organization that requested funding for the 1993 1991 fundlog yerr. Oa f eAtrrber 4 19% t1Y Husain %rvktx Committee met with those Apo In to discuss the mWis of that survey. On the bash of the Informstion that was vi i t ' ~•.YOi !M n t1 t ~artdaNo 4~1--0_CLL t agoada;taro ~t)S~' ~ gathered from the survey and the metdng, the Committee rovtscd the policies amd'.2da13 E procedures. The committee oba used ageacy comments during their mvidm of the Haman Services Fuodlag Applkatloo. The mised documents were Not to loaf orgaolutloos fa` I comment. HSC received no addkiood comments from human service organizations on the eevised documents. The committee b therefore recnmmendlux that the revised Human Services Polkles and hwedura and Finding Applkation be used for the 1994-l"S funding year. i i t i rv l 1lusaa Sa-*el O mmlttee 5 r Hamu Services Orgaolzadow Program BestUarles F ~ uak Dev 1 Caom Other City Depuiwsts Requesting finds Yt y • "n t Rtcomaendstlow made by the Human Sw*ts Committee brciode In of general fuadt There stay be some impact om the aaroaot of general funds HSC r'ecommeads for "am tr 4 human services Other Mndhg god staK admtohdration coats :are pad from Cammusdty Developoml Bloc! Groot Mods ` 6 Respectfully submitted: y 111 1Y iy OL 4 Floyd V. Harrell ` City Mutsger i. Pnpmtd bp A~}i 1 1* I ga~~,~; y < Human Services Coordis dor Approved: 1 tit ~ t t r?-~ i / r i ` i „yam! { ~ x AIC , r, Eveldve Dlreem for Planohg At Development . i , r t ' {SOhA1Wy F's 'y Revised HIMN SERVICES ADVISORY COMMITTEpvieod?No. 4 14 OQ4--L- q'Ine',lt°mj 10~-^1-q#, ! POLICIES AND PROCEDURES Il;a _.1iG!~3L~L_q 13 gag Statement a Pumose of Committee: The Doman Services Comminee acts ss an advisory committee to the City Council. Its members are appointed by the Council. The purpose of this Committee is to intmact with community groups in order to bring about improvements in the human services delivery system and provide a forum which promotes better communication and coordination among the organizations, to work closely with other funding orladutkns In order to coordinate fumdidg efforts within the City, to serve in an so Msory capacity a,d encourage coodnuan in-depth evaluation of the effectiveness of the human service delivery system in Denton; and to reo mmend to the City Council, actions for implementation that would improve human services in the City of i Denton. ' IL Hum Serdoes G The term Wnan services refers to tbose services provided by non-profit organizations to be avallabte to targeted groups of Iddttiduals throughout the community who are experiencing social problenn. { Human servim are those servkea deslgced to address ummr: human needs and to improve the quality of life of the E targeted poptasdon. { < 111. I Ocural Tn a of Reauests to be Considered by the Committee: Oot-fa-profit or noo-ptofit bu rz= services organizations, currently operating in the City of Dented, a4or new organizations proposing to coodun operations withtd the City will probably request an appearance before the Committee fa one or more of the following reasons: L To coordinate their organs-see n's program with other community organizations. b. To disseminate Information to the Committee. c. To request a letter of support by the Committee aadjor an cffrcial letter or resolution by the City Council d. To request financial assistance from the City Council. IV. QWW {eta and Procatures far Cuxisidaida a Reotrest by a Human Services Orsaniudon The policks and I procedures adopted by the Human Services Committee will apply to all organizations that have made a request to appear before the Oortmlttm I A. The Commilttee normally meets on an as needed basis. Organizations wishing to appear before the Committee t shall make written request to the Community Development Office. The Community Development Staff and ' Human Service Committee Cbsisperat, wM review the request. The Organization will be placed on the agenda for one of the following two mectints or provided with a written explanation of the tequest denial. B Presedladoos by representadves of a human service organization will make every effort to limit their presentatkna to 20 mh d t L The Committee reserves the right to interrupt or halt a presentation which exceeds this period of time. i 1 I~ C. The Committee reservsa the right to limit the nurnta of organization wquests per meeting. ! I Revised 11/22194 I t rrtM ■ i ~JenQaNo ct_q-p Human Services Advisory Committee Page 2 = 61 D. Organizations maldng presentations before the Committee will be mponsible for all hand out materials and au(Wvideo equipment which they any desire to use diving this presemadra a ftept under unique circumstances, all Human Savices Committee meetings are Woo to the public and news media i V. Subtect Manes to be Camkieted by the commhtee All organizations, or other types of organizadeos requesting to appear before the Human Services Committer must do so by written request. Organizations requesting an onicial letter of support by the Cam nine, CotndI resolution or financial assku=e from the city should be prepared to provide the following informadm 1. Proposed budgets by overall organization and by progrsm. 2. An independent sudimes opinion statement as to the orpnizadods financial position 3. Oosls and objectives of any new proposed program, project or service. 4. Monitoring or evaluation statement by the funding organization or licensing organization S. Amaral report for the latest fisal, grant or calendar year. { 6 For new orgaalzadom or new projects, dc. the Committee will look closely at the methods for continuing operations aw the first yea. 7. Documentation as to the commud'hh need fa the sw&e. S. A breakdown rellectLv administrative costs as compered to the type and amount of service cost per cliem. 9. Denial kum by state or federal funding organiutiom. i M A Ust of other sources from whom the organizatko any intend to solicit financial assistance. Vl. + Amilication hocess: prior to the dissemulation of funding applications. h . cite a es of the Human Services Committee and :he Communit Development Aunlty Denloptreot office trader ` + y dvlaay Committee will conduct . two public hearings These public hearings wJl be bald is order b notify the commsmiry, of funding availability and r deteraslae the types of projects that the general public drains to be htnded. Notices of public bearings will be i wished in the newspaper and by other means as described In the Community Development, 'Citizen Pwtkipadca r Organkatiom are required to request funding each year, as funding is allotted on an amual basis. A. Committee will mail Human Services Ptmding Applications to local htvtan services organiutieas. Compkied applicadom will be due by SO pit, on the date specified by Committee. I i Revised 1112V94 i r' 1 N r Humsa Services Advisory Committee od,1~ hb _ y . J 1 j pate 3 ;iCr,8if9 xsent~_ R Committee will meet In order to sae on applications and determine which organizations will be asked 5 mike Presentations to the Committee. C. As determined by the Committee, organizations will male 20 mh a presentations. rut D. Having heard all presentations, the Committee will develop human service funding allocation recommendatkns. Rtcommearlatiors will be based on the established criteria, as described in Section VII. s Q Commvttee will make its recommendation to City Cmucil a, t VM fr r ' 1rLblishmemt of Priorities for &d M &dMM.: Realizing that the City has limited financial resourora for the Human Service Delivery Syst-m and d of the demand by organizations may exceed these resources, the Committee will rdalm its recommendatoa in acootdance with the following criteria. lbe Service criteria will detnmlme the , appropriateness of the activity for fimAng by the City. Capacity criteria will allow ranking Wed on the ability of organizations b deflver services, Cdoe r 'err A. Activity primarily benefits low income persons. ~r 13. Services being provided are currently meeting an u rg6u community t rod + 3 C. Services provided by the organization may include any existing City service area, (such as transportation, public safety, law enfaumem, cc environmental services) and other human services In areas trot now covered by City services but which are appropriate to local government 5a D. Organization provides service tote cost effectively tbn would other organizations of City ~ deprtmet *r9oaoel. Services <k, we exceed existing lereb of need. , 1 . f F.. City fvm&g leverages finding lean otter sources. ry O. Suvicea provided auto measuabhs Improvements In the lives of citizens in our community and eehanee fry`; the entire community. Camackty Criterh: A. F scal I. Ckganlzstkn ex,rcbes fnbidary responsibility in regard to all fumdigg. F 2. Tracking of City farads Is adequate as recrosmended by the Finance Depvmoent and the Comm-mity a Developme,x Office. 3. Organization has completed a satisfactory Independent audit cv an auditors opinion statmNemt. M i ~wp`x 4. Administrative costs are not excessive in relationship to the orgardution's fimctim r,tiyyN,,.„:; ; r Revised 11111f94 E i M wunm Serviced Advisory Committee ABertdaNO _~(4 .n Page 4 Apdarfa _ S J L Dare . 13 B. Programmatic 1. Organization meet stated pedammnce objectives. 2. Organization a Mbits the apecity a coordinate services with other service providers. 3. Services are conducted within a reasonable time frame. C. Adtnfnistradve 1. Pallciea and procedures are appropriate fa the provision of services. 2 Organization bas a gonaoiog board dot meets on a regular basis. 3. Organization exhibits satisfactory reporting habits. i 4. Orgardzatim must maintain a level of staffing that Is sufficient to accomplish performance objectives. A. VIIL 7Yved of Actions or Recommeadadom to be Made by t ndtt : A. Wbere n iizations desire official Pwrt or recognition by y requesting e, fosocW assistanc ' l by a xotioo and the City Council or d* Cammlttee shall act approval by a majority of the Commhtee. The Committee will prepate a formal recommemdatieo which will be transmitted to the City Managers Office. The Comminee'a recommendation will follow, one of the two recommendation listed below. f 1. A favorable recommendation will mean that the organization has satisfied all the Committee's requests foe infotmadan, has documented the community's need and is being recommended fa finding. 1 , 2 Unfavorable lla An unfavorable recommendation will mean that the orgaalzadon has failed to satisfy the Committee's requests tot Information, meet their standards a documented the community's s RA{, need for the service and is not being recommended for fimdmg. R The Committee will recommend a specific dollar amount to the Council for those organizations requesting fveft howeva, the City Council MAY elect to revise this specific dollar amount. s C. Wbrm organiutkvn are requesdng lettets of support from the Committee, the committee shall act by a motion and approval by a wjotity of the Committee. IR. C a,DDW $oce&Up• Shiee the Human Services Committee saves in on advisoy opacity to tbo City Council, there we no formal appeal procedures established to provide guidance to a particular organization who has received an ud&varalile ncrommendstioo catsidered as a low priority. It will be at the discretion of the City Council to either 1 y y 3 uphold of dbaffnrm a «onmmeodadan passed by the Co nmittee in teferennce to a particular agaLIz&dr+u. I v l An organhatim however, may request to reappear before the Commltme at a later date to produce new infarmadoo, I 1 facts. cc fhndiap wW b may cause the Committee to -lter a revise its hAw recommendation. d. , 1 I Revised 11122194 I f' Httataa Servkes Advisory Owadttee Pape s ' agan>~aNo Q4-GU~ ' I AgESnlia'~2''va, _ ' ' X. Dale ` Adoption and Dieeemlrudca of these Pol.cks and Proct~ew 9be committee win review ands a set ' r polides and procodures. 7be committee will rhea preseat the policies sad procedures to the City Cotmci) fa their review sad adoption if to desired by the Council. 7be policies sad procedures will remain in effect uatil amended, at whkb &M a revised as will be approved by die Committee and resubmitted to the City Co mcil. ' ' 7% Commiua will furnish the Camet7 and alt f ttute Couoetls with a copy of the policies and procedures. Ogsdwions regUW4 humen WMM fuodmg will receive a copy by staff at the same time the Human Services Funding Application is requested Copies may also be requested du ectly frog, the staff. z T:{+ 5 'r r ~a 5 1 ' ~ 11 T ll t i AMatr?0 i 3 ~Ut Revised IIra% j ra i i Current Policy , HISMAN SBRYICBS ADVISORY COl4i[TTEB POLICIES AND PROCEDURES aQ3C~dlf~tl~~ 1 +-•eme-• or Purooae of Committee: The Human Resources Committee acts as an advisory committee to the City Council. Its members are appointed by the Council. The purpose of this Committee is to interact with community groups In order to bring about improvements in the human services delivery system and provide a forum which promotes better communication and coordination among the agencies, to worts closely with the United Way and other funding agencies in order to coordinate funding efforts within the City, to serve In an advisory capacity and encourage continuous in-depth evaluation of the effectiveness of the human service delivery system in Denton; and to recommend to the City Council, actions for Implementation that would improve human services in the City of Denton. IL. 4 gum gerV ass Det1 edt The term human services refers to those services provided by non-profit agencies to be available to targeted groups of f individuals throughout the community who are experiencing social problems. Human services are those services designed to address unmet human needs and to improve the quality of life of the targeted population. E General tveee of Requests to be Considered by the Committee: Human resource agencies, individuals, or organizations currently operating in the City of Denton, and/or new agencies proposing to conduct operations within the City will probably request an appearance before the Committee for one or more of the following reasons: e a. To coordinate their agency's program with other community agencies. b. To disseminate information to the Committee. ; a. to request unoffiotal recognition and support by the Committee. d. To request a letter of support by the Committee and/or an official letter or resolution by the City Council. a. To request financial assistance from the City Council. F ^ j IV. p eed► ~s for ConeLderins a Remuest br a H~" Resource loiea and Pig ram Sc![i " .X individual or Oreanissations The policies an8 procedures adopted by t. Agency, the Human Resource Committee will apply to all individuals and agendas that have made a request to appear before the Committee. 5 r~ 1 rig j Human Resource Advisory Committee Page 2 Qt' ' ! c ~~i A• The Committee normally ~ilDd3IVD msl Agencies or Individuals wishing on to the ficet ThuradayABopi"la / request to be included on the plear gbefore th~tE to the Committee meeting, agenda at a (7) work E 8• gash agency or irnk!dividual will comt dV6 prior the seven (7) wo dei's. a quesiont sire entitledt~ the staff prior to Human Resource Agency," These will be made avallableuthrounhaire [or Staff y . 8 the city C. Presentations by representatives of n h effort to limit theft presentations to 20 minuteg. n service agency the right to interrupt or halt TheCommittee areOGry~Q time. n presentation which exceeds this period of ' The Committee reeerres the right to limit per meeting, the number of agency requests g• Agencies or Individuals making responsible for all had out Dresentetlons material, and before the Committee will be "Y desire to use during this prase ntaS whic Iona. b they F. All Human Resource Committee meeti publ media, however, the Committee may ^$e are open to the wall outside while t Y request that representatives let and news appropriate action to take lnot~ege eLoIs discussing and decidiagenciet particular what agenc Y's request. V. oil b to e ~onaldered b or other a.- pas of organizations requesting - °ittee; All ` Ccmmitte° will complete the Nu agencies, individuals Provided b man Resources appear before the Human Resource distributed the Staff. The questionnaire wills tie questionnaire which will be comprehensive efforte bCommittee. places In a file and copies y tho C The questionnaire agency, Section I deals With general to lasts as 1s designed as a nature of the , general info r much as possible about the agency s request; Section Iii° in 8e`'tioa it focuses on the r"ues~~ng funds; section IV dwells an i o used it OKS el V lnoludes questions on organ A-95 informa~ on agency section agencySection VI deals iaational and gen rculae eral charaaterlstfes of the agency's financial with the Policy ng bad Maki Provided by the report; and Section VI I aceen Y; Section VII is the j changes durl agency' The questionnaire wag develop" with the services that have experienced aeome The gaegtlonnnlre would onlp~ to allow for #peaiCIO t' ezpanelon• typo of ch Y be updated in the areas sage, deletion or additi on and/or perhaps L}'~ I ff Agdooles requesting as of[fclsl letter f eu ' the followi financial assistance from thoe City shld be CPrep ommittee b the l Council 1... ; I ng information in addition to completing the geettoared to provide ' J r W i4.is A7A E Human Resource Advisory Committee C# Page a a_ap.q~ 1. Proposed budgets by overall agency and by program. AQB1Q30 2. An auditor's opinion statement as to the agency's fin t'ct.1 pdett2tstl^ ~,a a. Goals and objectives of any new proposed program, project or service. Monitoring or evaluation statement by the funding agency or licensing agency. 5. Annual report for the latest fiscal, grant or calendar year. 6. For new agencies or new projects, etc. tte Committee will look closely at the methods for continuing operations after the first year. 7. D"'amentation as to the community's need. B. A breakdown reflecting administrative coats as compared to the type and { amount of service cost per client. 9. Turn down letters by state or federal funding agencies. 10. A list of other sources from whom the agency may intend to solicit financial assistance. VI. Trees of Actions or Recomm4ndations to be !Bade by the Committee: ' A. Where agencies are only desiring to disseminate information or coordinate their agency's efforts with the Committee, the Committee will probably take no action. B. Where agencies are requesting unofficial recognition or letter of support from the Committee, the Committee shall act by a motion and approval by a majority of the Committee. C. Where agencies desire official support or recognition by the City CouncLl or -requesting financial assistance, the Committee shall act by a motion I and approval by a majority of the Committee. The Committee will prepare a formal recommendation which will be transmitted to the City Manager's , Office. The Committee's recommendation will follow one of the three recommendations listed below: l ;q 1. Favorable Ra~~ndatt A favorable recommendation will mean f that the agency has satislLed all the Committee's request for information, has met the Committee's standards as set forth in the Comprehensive Mumma Resource Plan and has documented the community's need. j 1 rr+ 1Ge I ~ 'AlVlt Human Resource Advisory Committee °b37Cah~0 wq Page ; Ag5r,~a;t~~ 2. Favorable Recommendation with Sttflu ations: -~T "fsVOrabll i _0 recommendation with stipulations will mean that as agency has CO satisfied all of the Committee's requests for information, met their standards and has documented the community's need except where the stipulation spplies. An agency may resolve the stipulation and precede on to a formal presentation before the City Council without reappearing before the Committee. ~ 3, Unfavorable Recommendation: An unfavorable recommendation will mean that the agency has tailed to satiety the Committee's request for information, met their standards or documented the community's need. D. Agencies soliciting financial suplwrt from the City should be aware that j there may be more requests than there is money and that a favorable ` rRcommendation by the Committee dces not necessarily guarantee that their agency will receive a financial commitment by the City Council. 6. The Committee will attempt to recommend a specific dollar amount to the Council for those agencies requesting financial assistance, however, the City Council my elect to revise this specific dollar amount. : YII„ labllghmeat of Priorities for Financial Assistance Requests Realizing that tho City has limited financial resources far the Human Service Delivery System awl that the demand by agencies may exceed tbase resources, the Committee will i rank the agencies and/or their projects in accordance with the following erl,teria. The priority criteria will detormine the appropriateness of the activity for funding by the City. Capacity criteria will allow ranking based on tho ability of agencies to doliver services. Ageaeles are required to -request funding each year. New agencies may apply' for start vp or seed coney assistance each year for three years. After three years agencies will normally not be funded or will have their funding cut to t provide assistance at a maintenance level only. I City tupds will not be utilized to fund activities generally regarded as the domslu of another level of government. '~~tF1l~ 13 1. Services provided by the agency may include soy existing City service !,rea, (such aI transportation, public safety, law enforcement, or tavironmental services) and other human se--vices in areas not now covered by City services but :hick are appropriate to local government. 'IN 2. Agency provides service more cost effectively, than would City departs:eat/personnel i s. do -0 Human Resource Advisory Committee Ll -(I Li I Page 5 4?~"ddNO._ a E~~ 3. Services are unduplicated within the City oi't~en4e+ti~ exceed existing levels of need. ~z „If/ 3 4. City funding constitutes less than 50% of total 1•,e4et. 5. Administrative coots are not excessive in relationship to the j ag4ncy's function. Cacacity Criteria: A. Fiscal 1. Tracking of City funds is adequate as recommended by the Finance Department 2. Timely submittal of quarterly reports 3. An independent audit is performed unless previously waived by City Council G B. Programmatic 1. Services objective met 2. Timely submittal of quarterly service reports S. Services coordinated with other agencies C. Administrative 1. Complete proposal submitted 2. 'Acceptable policies and procedures for provision of services 3. Board of Directors VIII. Public Hsarlnas•Condvoted by the Committee: Ia order that the Committee adr- ' can assist the City In developing its annual budget where it pertains to the Human Service Area, the Committee will conduct meetings or public public hearings will be specifically held J hearings. These meetings. or for agencies, individuals or organizations which are seeking financial assistance from the City. The meetings and hearings will be scheduled to coincide with the ! developmeat of the City's annual budget. Once the Committee has been notifiea by the finance director and provided with a proposed time I schedule, the Committee will formulize its schedule and process. Although, the sobedule nay vary from year to year, it will generally convene sometime in the spring each year. The mwthod to be ueod by the Committee in determining fate share ~y:>.•i allocation and distribution of funds will be deoidO it accordance to City policy for that proposed budget year. This method will need to be defined each year prior to conducting meetings and public hearings. 4 r sy~1 Human Resource Advisory Committee Pace 6 4ggtntaNo ~ ~ Notices of public hearings and meetings will be publkAa~~e nexe~ pay r an by other means as decided by the Committee. e a Oete._~ 4 i Fil 3 oa i Aoneal Procedures: Since the Human Resource Committee serves In an advisory capacity to the City Council, there are no formal appeal procedures established MK' to provide guidance to a particular agency who has received an unfavorable recommendation, ranked as a low priority, or had a stipulation attached to the ' Committee's recommendation. It will be at the discretion of the City Council to either uphold or disaffirm as unfavorable recommendation, stipulation, or r; f other requirement passed by the Committee in reference to a particular agency. An agency however, may elect to reappear before the Committee at a later date a + to produce new information, facts, or findings which may cause the Committee to i alter or revise its initial recommendation. i ' X. Adoption and Urate-imtien of theso Policies and Proceduresi The Committee will review and adopt a not of policies and procedures. The Committee will then present the policies and procedures to the City. Council for their review g and adoption it so desired by the Council. The policies and procodures will remain ta'etfeot until amended, at which time a revised set will be upproVed by t t~°I the Committee and resubmitted to the City Council. II t , y, r i I The Committee will furnish the Council and all future Councils with q copy of the policies and procedures. Agencies requesting to appear before the Committee will receive a copy by staff at the same time the questionnaire is requested. Copies may also be requested directly from the staff. U y~yA+ / 1 f r? ~4j i . 2t07a r pR.aw~ ~NQ Y ~1liN{1 e _aa wu:.a~ DENT ON ~ I t f ZOOM 000 o P D F ~,QQQ ' O Q O p o D~ d. o a r O , o K 0 O N 0 , °~aoaoooao~°° Cjff COUNCIL ~aA.J ~op~nCiiNt►~-~.-. Mt~i DATE: i o8 t~ CITY COUNCIL. REPORT FORMAT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager j SUB,1: Council will receive a report on the 1444 needs assessment. II RECOMMENDATION: t NSA SUMMARY: The Human Services Committee conducted a needs assessment in order to determine what the citizens perceive to be the most urgent needs in the City. The results from this assessment will be us6 by the Human Services r Committee as additional information Yhen formulating funding recommendations to City Council, The results of the assessment are attacbed. BACKGROUND: I I In August of 1994 the Human Services Committee began to revise the human servicea funding process. In doing to, the committee thought it necessary to determine what needs are mast pressing in the City of Denton. This would be accomplished by a needs assessment. The Human Services Committee A developed a Key Informant List that contained the names of 248 individuals who either live or work In the City. Each of these persons was mailed a questionnaire on human service needs in the City or Denton. Of the 248 questionnaires mailed, 142 responses were received. PROGRAMS. DEPARTMFtM OR GROUPS MCTED• Human Services Committee Local Service Organizations Program Beneficiaries r Community Development Staff 1 , Age~daes ~%1U-~Cj~[1~ FjSC,d]{ 1MPACT: 4penda~~.~ A~r`P,.CL's, oe -;LQ aqz i6 Both the general fund sad CDBG dollars maPU shifled to new e areas based on the relative need described in the survey results. The Hunan Services Committee may recommend an increase in funding to meet perceived needs. No specific fiscal impact can be projected at this time. j Respectfully submitted: V. Harrell City Manager Prepared by: 1 • r; 1 r s Eric BiBEps, Human Services Coordinator r i' } A;,proved: at' i 4 i1 r Robbhu, AICP ' ank C Executive Director for Planning do Development F'~ Y q rv k4 f I I•'w' S k , W"i CITY OF DENTON NEEDS ASSESSMENT KEY INFORMANT QUESTIONNAIRE 1994 Aatouat Responded 142 sr 1. Do you live in the City of Denton? *3 cg j6 A Yes 124 87.3% H. No is 12.7% 2. If the answer is yes, how long have you lived in the City of Denton? A. Leas than one year 0 0.094 j B. One to three years 9 _ 6.3% C. Three to five yen 13 9.2'/e D. Five to ten yen 16 11.3% R Over ten year 89 61.3% i . 3. Whet is your race or ethnicity? A. African-American 19 13.4'/e + B. Hispania 11 7.79'i C. American Indian 2 1.4% D. Aslan/Pacilic blander 1 0.7'Y. R White 109 76.8% 4. The following is a list of needs that citi>•.eas may experience. Please rank the needs from very serious (5) to not serious (1) based on your experience. Also, rank how well you believe the needs ! are being met by existing organizations. Are they being met well (S) or not being met (11 NEEDS HOW SERIOUS HOW WELL BEING MET s vr7tY NOT My NOT WrA Mtr Adult Da Caro 13.4% 291% 423% 10.6% 3.3% 0.7% 2.8% 3$9% 26.1% 21.8% , r Agxda610 Hou4' 37.3% 39.0% 162% 7.0% 0.1% 3.5% 2,911 3S.9% 31.7% 12.0% f Alb 19.7% 29.6% 31.71A 13.4% 0.7% 3.514 4.90A 40,1% 19.0% 9.S% Aloohoiitm 21.1% 42.3% 29.9% 4.20A 0.70A 4.2% 7.0% 45.1% 19.3% 4.9% Child Abuse 40.9% 352% 17.6% 0.0% 5.6% 4.9% 39.7% 30.3% 7.7% I Crime 31.0% 42.3% 22.5% 2.1% 0.0% 4.9_6 110% 33.9% 13.4% s,S% Daycare Facilities 23.E 4 37.3% 26.9% 7.7% 2.1% 6.3% 11.3% 38.0% 14.1% 1.4% Domettic Violence 26.1% 42.3% 27.3% 1.4% 0,0% _8.5% 9.2% 41.SS1 16.2% 4.9% Dru Abuse 29,2% 15.1% 19.0% 2.951 0.0% 4.951 4.9% 54.9% 24.6% f2:0% j 11123164 p6. 1 r P„L 4a 1 1.'!NY NEEDS HOW SERIOUS I{ _ My My irRIM i4tl0l/i wiLL 'L ►([i 3 4 3 2 1 S 4 3 1 CAAR Violence IS.3% 32.4% 34.3% 12.0% 24% 2.1% 3.S% 42.3% 23.211 92% He&M / Medical Care 43.8% 29.6% 17.6% 12.9%0.0% 4.9% 7.7% 35.9% 27.3% 8.5% Hornelemess 12.7% 25.6% 3911' 1.4% 2.1% 35.9% 29.6% 14.1% Hunger _9.9% 36.6% 34.5% 7.0% 9.2% 38.0% 21.8% 2.1% JuA=ike De 33.1% 31.3% 21.1% 3.6% 4.2% 33.8% 28.9% 11.3% Mahal Retardation 9.223.2% 44.4183% 23.11K 35.Wo 77% 0,0% MMW 111nes3 16.9% 29.6% 40.1% 9.2% 1.4% 4.9% 9.9% 28.2% 21.2% 1.495 Pares Skills 36.6% 35.9% 16.9% S.6% t.4% 3.5% 3.$% 33.8% 32.4% 14.1% Poverty 21.8% 42.3% 26.1% 4.9% 0.7% 0.70A 2.8% 39,1% 30.3% 12.0% Racial issues 17,6% 33.1% 321% 8.S% 3.5% 3.5% 5.6% 13.7% 21.8% 7.7% Ma 15.3% 33.1% 31.7% 113% 0.7% 4.9% 7.0% 44.4% 14.8% 4.9% Services for Perim with 8.5% 32.4% 33.1% 9.9% 3.5% 7,0% 10,6% 38.0% 9.9% 1.1% I Disabilities SexuallyTnr>arrdstedMiasei 15.3% 29.6% 35.2% 11.3% 11% 7.0% 4.9% 46.5% 19.0% 2.1% T Presuncy 4151' 35.2% 16.9% 2.8% 0.0% 9.9% 3.S% 32.1% 31.5% 11.3% JI i T 23215 303% 27.3% 12.0% 2.8% 9.2% 92% 37,3% 19.7% 7.7% 1 v 17.6% 33.8% 321% 9.2% 0.7% 241% S.6% 13.7% 23.9% 5.6% a Youth Crisis Shelter 223% 38.7% 22.5% 7.7% 2.1% IA% 2.8% 26.8% 27.3% 24.6% ( dw. i Treatment Center I 1 E00600110 pn!!29~-- Fire Protection 1 Homeless Moms with Ctdtdreo ! 1 I 1 Law •I f U 1 Tnukft 1 S. From the previous list, please list the top three needs that citizens ma y experience. x Affordable Housing _ 45 Poverty 13 Health/Medical Care 44 Parenting Skulls 13 Crime 28 Mental Illness Teenage Pregnancy 22 10 Gang Violence g Thug Abuse 20 Hunger g Domestic Violence 19 Transportation 6 Homelessness 18 Aids 4 Child Abuse 17 Unemployment 4 Juvenile Delinquency 17 Mental Retardation 3 Deycaro Facilities 17 Services for Persons with 2 r~ °1 Alcoholism . ~ 16 Physical Disabilities 14 Sexually Transmitted Diseases 0 Youth Crisis Shelter 13 Rape 0 Adult Day Care 1 11/2"4 Pg. 2 r .,AWi i' ,.,r -tined in this city? q 1 social welfare organizatidu are 6. Do you think that additional social service or NO B. Yes 52;69ro 47.4% Dale r ~U A. No _ 65 - S d616 if yes please list . Accessing and Referral retService ets for public (all) mectings, eta . ADA oomplianoe, interp . Adult Day Care . Aids Education Rehabilitation ! Treatment J Education !Counseling Alcoholism 8e Drug Abuse - . Assistance for persons released from jail skills, eating, entertainment and activities) Centers with full programming (education in life pa< Child Abuse • Shelter J Counseling . Childrefl Services Counseling ' Crime Da Facilities . Affordable pa atio Violence counseling t t, F,conomic Development is importers on !Medical Care e ' Education . Literacy J 'fransPortlili ~ ing! Food 1 Elderly assistance - Hous Emergency Assistance Crisis situations CAMS Viiolence • prevention! Intervention tebensive 1 PruBW's ; aotdable 1 Comp . ~ Housing! Shelter 1 Clothing! Food J Agency .Health 1 Medical Care Transitional Homelesaa~itiotul ! Afi'crdable! Emergency J progress fir, i .Housing Hung" Shelter f juvenile Delinquency Leo, services ° low income assistance v H ' Mental Illness . Counseling e Mental Retardation , Mobile library Moral values development • nutrition and children in crisis situation prgait'ization help women parenting Skills and Suppo''► I Y w problems mono 1 pov Care is critical for prevention of to Frf . Prenatal Car ;•4 r JUCtal ibsues 1 itape ;pneritS ' i Services for persons with auditory disabilities service for persons with physical itted Diseases Sexually lle T"gnacy . Counseling I Birth Control Services r' TpoRation - public 1 Mass transit Training J job Searcy Unemployment r..t()Yn?eat • . Youth Crisis Shelter tssng` to .b !pieces to Bo . Yovth Services - I pg. 3 1yi;r'Q4 - ti PA xMW,\ } social service organiza6ons Or * ! keep people from seeking help from existing T. What factors if any, nations? 03-10 No ` or other helping organ' 23, Av,,% 'Ye A. It wouldn't help 63 - f Ea 4z t_aQ N ' B. Lack of UWportation 37 C. Agency usually not open when help is needed' 51 35.9% b C6 t6 think 494 t 32. ' D. Fear of what other migh 46 23.2% E. host of services 933 6 67.6% a F. Location of agency 0. Don't know where they are 120 g4.5°Je ' { g Don't know that the services exist 14 52~_ i i 40.1% u L Language barrios 57 7. Too. much paperwork 1 0.?% 4 _ a K None $i L Other ..Cultural differences } neW barriers. anb Asian-American a feu of 'government" by both Mexican Americans Distrust . Don't solve inherent cultural problems Afraid of being fumed down rstical problem of [raving to be drab from one agency for r Ignorance IFaroverAelrning fog' } i for ach individual service is needed t ences and inability to express what assistance A Fear of consMu ' c - Fear of Child Protective Services negative toward those seeking p• era ly help. Front desk clerks and social work general ' E us": Tomorrow better w = Low self esteem, distrusting others or referral to services ` " Misunderstanding! miiseormation about qualifications for services prejudice aWinst organization supplying se:vicet Overworked agencies offer only limited help Organizations out of money Funding is not available (depleted funds) cululy true of . Not everyone understands that services are available to them. This is parti of Hispanlo populstion with no frame of reference Mental Illness often have you referred people to social service orruiizations in the past yeah a 8: How !f ' 13 r. , A. Never 16 11.3V* B. Seldom (1.2 times) ) 27 J 19.0%0 Otteo (3-5 times g5 59.9% D. Very Often (6 or more limas) 1 11123/94 R 'v, t ...9. What do you think are the 3 most effective ways to inform People about services provided by you think are the 3 most effective ways to inform people about services provided by Y f organizations in the City of Denton? x A. Cable TV 58 40.8ye 4QGndaNtl ~,1-~~Q;.:.► B. Word of mouth 83 58.5°Yo Aga1811- C. Radio 42 29.6% L13i8 - ~!L D. Educational Talks / lectures 33 23.2% E. Brochures 56 39.4% F. Local Newspaper 76 53.5% O. Community Fain 54 38.00/9 K Other • Announcements at social occasions Billboard in tow income communities, parks, fairs and malls Brochures at doctor's office, clinics, grocery stores, laundry mats, etc. + Case management at any point of entering into social services would be ideal - Centralized service center. rF Community leaders • Develop directory and send to each home/ apartment with utility bill - Don't reach the at-risk population {x,. Each Agency should be knowledgeable about the offerings of each other agencies ~z • Go where the people are who need them. i.e.. mobile home parks. Information whom low income people live and apply for aervixa, schools, Weal-Mart Integrated eligibility Mail ' Media is the best way to advertise services - Monthly network meetings /Brown Beg lunches for all social services agencies with 1.2 f' highlighted so service Moat have reading problems most people referred have no cable TV., newspaper I, + maw office r; • Social Worker Spanish radio. Telephone Book / Yellow Pages Through Churches Through political offices. E • Through the food stamps r7. • Updated Information provided to social service agencies, schools, etc. so easily accessible J, by large number t`rd 10. How would you rate the cooperation between social service organizations in Denton? ~ a ; f ' f A. Organizations Cooperate very well on a regular basis. 30 21.1%. B• Organizations Cooperate well at times. 45 31.7% C. Organizations Cooperate only on a limited basis for 43 30.3% " special cases / projects etc. D. Organizations do not usually cooperate. 10 7.06/o E• Thera is no cooperation between organizations 1 0.76/o » serving the city. ti 11123/94 Pg. 6 'i Wx. -ay •IR~ wool 11. Are you an employee or in some way affiliated with an organization that provides services within the City of Denton? A. Yes 102 71.8% B. No 41 28.90/0 12. Does your organization serve? A. City of Denton 16 15.70/6 Ar~GC~iia~Jy~ B. Denton County 61 59.8% Ok;i3 _ LJ C. Studsnts DiSD 30 29.4°% g 116 D. Other - Wise County • Cooke County I 13, The highest percentage of clients served by your organization live in the: A. City 80 78.4% B. County 23 223°h it r e { 14. What is your position in the organization? y A Board Member 8 B. O*nizadon Director 24 23.514. C Prog> m Administrator 25 24.5'14% D, Counselor is 14.7'14- I g. Intake Worker' I Love 7 F. Other - • Administrative Assistant 1 President I Administrator 2 Principal 4 • Attorney 3 proms Manager I 3 .a f Crib Manager 2 Program Supervisor t Clinic] Director i - Secretary l Coordinator 1 - Social Activities t .s • Faculty Member I Social Service 1 • Manager 2 - Social Worker 3 • Minister I Supervisor I ( • Owner / Partner 1 Volunteer 2 Police Officer I I .S. How long have you worked for your organization or in your profession in the city of Denton? • 12 Months 6 S.9°14i r 13 - 36 Months 22 21.61'• 37 • 60 Months 111 10.8% 61 • 120 Months 27 26.5% Over 120 Months 34 33.3% • I r 11/Z3194 Pg. e j r F RINI I 16, in what ways does your organization inform the public cbout its services? A Cable TV 36 35.3% H. Word of mouth 89 87.3% C. Radio 23 22.5'/• L D. Educational Talks/Lectures 63 61.8% t9~.e'aN0 E. Brochures 77 75.5% a9 ;,pail nr~, F. Local Newspai er 66 64.7% A Z a. Community Fairs 57 55.96/6 Q 1I. Public Hearings 33 32.40,4 H. Other • Posters *om other agencies i • Posting notices around town • Billbcmrds. Notes, flyers, letters . Fund-raisers . School newspaper and messages at home Newsletter E Go door to door in certain area i • Contacting other service providers to provide information about agency Networking with other agencies, churches Referrals • `Telephone book listed in front - Telephone calls a 17. How often have you referred people to other social service organizations in the past yeast A. New 6 3.9% H. Seldom (1-2 times) 9 8.8% ;j C. Often (3.5 times) 23 213% ' D.' Very Often (6 or more times) 68 66"7% r j 18. Which of the following areas would improve cooperation between you and other social service or social welfare organizations in the City of Denton? ; s A Information about type of services available 82 80.4% B. Contact person in the organization to assist you in making referrals 64 62.7% C. Information about fees, intake procedures, confidentiality, etc. 32 51.0% D. Joint skill development worlahop. 31 $0.00/• i E. Have asocial service forum f council. 59 $7.85'° ` F. Men C - A central number to call to get information { Annual Human Services conference. Better dialogue of intention or problems to facilitate improved relationship rather than ' starting something new. Centralized service center • Less overlap . i 11123194 PD' 7 ; I 19. Other then your own, list up to 3 social service or social welfare organizations in the City and/ot County that you work with on a regular basis. AARP, Denton I Highland Baptist Church 3 HOPE, Inc. 12 Adult Day cam centers North Texas Building c, sa 1 Adult Prolecthl Senicea 2 Hospitals 4~ 0 1 AMenson 2 Houston Elementary School 6 Aids Interfaith Network 1 interfaith Ministries I 6 American Legion Post /71 I Juvenile Probation / Court System American Red Cross 1 Kiwaals Children's Clinic 1 3 1 Ana's Have Hospko 3 Lake Forest church Asbury Metbodist Church 2 Lifeline Emergency System I Si; Brother/81g Sisters 3 Life Planning I Baron Elementary School I March of Dimes Center to the Visual Arts I Martin Luther King Community Center 3 Child Protective Seniors 23 Meal on Wheels I ChUdcm Management Services I Medicaid 2 ChurcW Medical !Health Sepias I ! Community Food room 1 Mental Health and Retardation 21 i Colfanwood Mawr I MHMR 2 M.A.D.D. i Courts 2 National Retired Teachers h f Crisis PmpAncy Center 1 National Retlre6 Federal Employees 1 Croy Timbers Girt Sooty 2 North Texas Community Clinks i Dare Denton Baptist Association I Kursing Homes I Denton Chamber of Commerce 1 Office of Disability Accommodation 3 Datoa Christine Preschool 2 Pediatric Clinic Denton City County Day Nursery 3 Planned Parenthood I Deatoo Community !Hospital I Police Department 3 3 Daft Community Theater 1 Prenatal Cllaic f Denton Coungr Cooperuive KdOrie: 9 Probation DepeAntent I 'Dow Code# District Aftorneyrs l ee I PrRecreational Center oject Access I Denton CW* Prknds of the Family I~ ITV ~g tons I Denton County Health Department 2 I RSVP Denson County Jail 6 Salvation Army 7 Denton County Public Health I Science Land I Denton High School II Soda Center Denson tkudq Authority Deacon Human Society 2 Shepbetds Storehouse Denton Nurdng Could 2 Sierra Health Center Denson Parts and Recreation 4 Social Semdty Administration 4 Deeca PoBa Departmeot 1 South East Denton NGnisteriat Alliartce ` 1 Dwon Seta School I South woof Baptist Church 4 Deacon 1lteracy Pmgnm 1 SPAN Denton Regiota! Medial Center I Texas Department of Human Servka Ig Dealon, City Boards 1 Texas Dept of Protective and Regulatory Ser 3 ' i DiSD 4 Teo. Employment Comm talon I Texas Rely itatioa commission DISD • Practical Parent Education ECI i The Yratage Health Center F TRIP I Elder center at MX I PS I EmerSency F ftom 4 TWUCara I Emerpoq lt s 1 TWU Child Development Easily Fowler Public Library I United Campo Ministry I 7 Family Senim 1 United Way of Denton Cowry family shelter 1 United Way l t3wsley Coalition 2 Fairhaven I University Counseling tit Testing Services 1 t Fiat Baptist Church, I keracy I UNT and TWU 2 Fiat United Methodist Church I Uhf and TWU Caunsalimg Services 41!23194 Pg. 8 -mow Flow Health Care Foundation I UN1' Center For Rehab Studies 1 Flow Rehabilitation I USDA Commodities Distributor I Fred Moore Child Care Center 3 Vision hTinlstries 1 Fred 1ltoon Clothing Room 1 West Texas Legal Services 1 Genetics Screening 1 WIC 6 Ginning: Elementary School I Work Mostly on an individual basis I Good Sa m adtan Village I Youth do Family Services based in Lewisville I Health Clinics 2 serving some city of Denton Youth Heritage Oaks I 20. On a separate sheet, please write anything else about social welfare or social servios in the City of Denton that you may wish to tell us about. j • The adult day care center is new and should be considered for funding Lets do a more effective job with what else we have before extending funding to new program. Review on a year to year basis. • Glad we have habitat nowi Need to increase numbers of homes for lower income folks Housing budgeting program (like Adopt a Family in Tarrant County) - Lack of education and services on aids • I think most of our crimes am drug related. I think the City of Denton should provide a facility for both in-patient and out patient free of charge to whomever cannot afford to pay and desire to become drug free, i ` Alcohol treatment and counseling groups. • Approved counselors for "supervised" prenatal visits where violence exists . More police (Stiffer penalties to spouse abusen, child abusers) • Additional sliding scale day care and after school care providers • Infant daycare for teen parents so they can continue school and work ! Moro affordable quality day taro. • Grentsst need is medical are for those without 6rtancial means.. E . Safe haven for homeless morns with children to live in 2.3 weeks while having a general make-over (hair, clothes, training for interviews, application forms & legal free) while % children are being cared for by other mothers. Mothers do sli the work' in facility " f as "pay" for living In facility. • One new organization for childreds needs or reorganize CPS and demand accountability • Coordination is needed and is being attempted by some organizations • One who are supposed to help me not properly supervised by Human Services and are therefore not doing their job Improve on present ones I - Lass Red tape 4 •r A . f Improve on what we have Agencies too short on funds and often staff Some agencies need to be expanded to save unmet needs i.e. Child abuse P Expansion ofpresent services by current or ' ganizations . ' More funding • Better utilization of existing services cooperative venturas and development of problems under existing agencies is a better utilization of existing money, • Comprehensive umbrella over all areas to make services more efft*daNo. • Fine tome what we have 4gencalto j Cooperation of existing programs 12 y „123/94 Pp.9 I book Organizations are here but services are just not provided adequately. - Better support for existing agencies A comprehensive ("one stop') approach to social services (total case management) - We need to use what we have to a better potential. From what No seen of Denton most needs are being met by the social fare organizations organizations already in place in some cases those existing agencies need to be expanded to better meet increased needs The staf'on present organizations need to be increased. To help older adults that need help when they ask for it and are turned down. I know it is true because I have been there - I think what exists needs to be more available. Need bilingual personnel in agencies to accommodate growing Hispanic community - as well as in city offices, employment office, etc. - Prevention is the best approach. + - We really need teen crsis hotline I center. I would appreciate a group meeting with a f representative from each agency which provides services to our students (K - 12). It would be a wonderful opportunity to expose otir school counselors I nurses I psychologist, eta to NI of your services. Thank you. The City of Denton really came through for me during our Career Days in March, 1994. I really appreciated all of the presenters taking their time to speak to out students. 1 feel that all social agencies should work hand in hand with the schools. I have gone out of my way to more than cooperative with Child Protective Services. I have always been treated prAssionally. This year has been an exception. One social worker seems to not regard any policy of DISD with respect. Her superior seem to not failure our cooperative spirit. All other staff have been super. aNoQ-- ; snd . 40 Apandalteln Date 1'2 -2Qn u 12 f b > 4~ ~ ~nsre4 t P9. 10 00 °n lj~ owl ~e~~aNo A u-O ag~,~{a:cert S#2 . f3c~I6 Working for a social service agency, I have the opportunity to see how many of tha organizations in Denton are attempting to meet the needs of the community. Good social service organization are already in place and making an effort to assess and deliver services relevant to Denton needs. Listed below are some of the areas of concern that I feel need to be addressed in regards to social servicess 1. Increased communication between service organizations, city officials, and the community as a whole. I continue. to see criticism of services, attempts to start new service agencies which in fact are duplicating efforts already in place, and the apparent lack of knowledge about services i and needs by community leaders and the general population. 2. Increased communication and cooperation with goals of maximizing limited funding, ongoing assessment of needs, increasing access and availability for the client/consumer, iplanning for future ability to provide services, and II increasing the ability to meet serious needs. iY 4 Pg. i r ~e~t'aA~o. ~ L1-D41 C6 1/0 { Within the City of Denton, I have observed that each socie organization seems to be isolating and insulating itself 1 from other social organizations. It is as if each service does not want any other service to know what or why that 1{ service organization does. Much more could be accomplished for much less expense and effort if a cooperative attitude could be established among/.between the agencies. Referrals could be accomplished easier and faster, material things could be shared, parenting classes, counseling, could be dispensed more effectively. r . sSocial Services are established to assist people in need, E and not for in-fighting. i. Perhaps this is caused by not really knowing the other Agencies' workers outside of a business day. " y Each Agency is important, but how is one judged more impor- ' tent than another? { k i 1 u z- r I I would like to see the City of Denton become a model for provision of services by establishing a mechanism for access to needed services which is efficient and humane. The current fragmented system allows clients to agency hop and double dip which wastes the resources of the city and the agencies and creates a more dependent class of clients. I envision a centralized point for application for services which would involve an.. interview to assess needs and referral to a primary agency for case management. The primary agency would follow up on the needs assessment and would follow through with the client to assure that the client made contact with the appropriate agencies for needed services. The primary agency would be the agency which was responsible for the y clients most urgent need. If emergency housing vas the need perhaps the Salvation Army or Friends of the Family might become the primary t agency. That agency could then ensure that the client applied for more permanent housing. The client could also be referred to other agencies for other problems with a package of services being assembled by the case worker at the primary agency. A central register of these services could be maintained at the initial application point which could monitor to assure there was no duplication of service or double dipping. This system could be likened to a large spider web with all points joined at the center but with the agencies each maintaining their autonomy. The center would be a highly computerized office with skilled interviewers who were knowledgable about the local services and able to make accurate assessments of client needs. The other essential component to this plan would be enhanced case work capacity for most -rther agencies. The probability is that certain agencies wou'3 emerge as the most frequently designated primar, agencies. These agencies would then be those most in need of an enhanced staff and budget for case work. A trial period would be needed to determine this pattern and to ensure that scarce dollars and human resouces were allocated where they would be most effective. My experience has been that most agencies in Denton have similar goals. We are not invested in maintaining a dependent population but would like to provide help toward creating independence in our clients. A a, system such as this would focus on this goal with all agencies using their resources in the most economical and efficient way for each client. .9~ 1I 4 ,F ~ga,~aNo Pp. 13 ' j ~c r.A •:p .Yfl Attention to the needs and well-being of youth in Denton is at a critical stage, in my opinion. When there Is nothing for them to do other than 'hang-out,' society can expect the worst. When they have problems, and conditions in the family are not such that family is seen as a protective haven, young people will look elsewhere for what they 91wh they need. Someone MM step in to salvage the future decision makers of our world. Many families ? can't (or won't), and the churches can't do it all. In fact, the churches are not always a part of today's youths' lives. These kids can't just be left to their own resources or we're headed for much tougher times in the future. You and I and our counterparts won't be here to be the decision makers of our world.,. whatever is left of our youth of today will be. ' Denton needs a youth crisis shelter and a youth center. Terrell, TX, has a good model from what I have been told. Some of the larger cities in the nation have model youth centers where everything from entertainment and activities to education in life skills, pareatint skills, support / discussion groups, etc. abound. Denton must move into a more forward thinking mode. Either the future's jails it the future's businesses will be filled with today's children. And we can have an impact on our future today. Lot's all take off the blinders and begin to think in more universal terms! f ,aa~lll~ 9y-a~ I _ ~J$~~:i13 x r S z ~ t f j y , f " I 1 ! , F - Pg. 14 i DENTOw oo~°°a00°oo O p D 4p 00~Ao OHO Oti oD o G ~ a o °~aaoaonoo~° y ITS' COUNCIL r i i 1 I '~y6yM!~SK .'VR.:•Mrti..,~,PMnrnn:...... 1. NO i ~gendai E i >sn e - t `'m of Tff f Aef, NICIPAL BUILDING @ 215 E MCKINNEY • DENTON. TEXAS 76201 off"M (817) 568-8200 • DFW METRO 434.2529 a MEMORANDUM DATE: December 16, 1994 a TO: Lloyd V. Harrell, City Manager f FROM: Kathy DuBose, Executive Director of Finance s SUBJECT: REED-STOWE & COMPANY ANALYSIS .l { Attached is Reed-Stowe & Company's analysis of statements made during OTE's presentation to Council December 6, 1994. Den Jackson, Senior Consultant from Reed-Stowe, will be present on Tuesday, December 20, 1994 to discuss major points with the Council In the work session.. R11 _1 Please advise if you have any questions. J < J y 5 r r . ti Mot Anwhn" WOW" f. 4 . s , :J .I r "Drd+csaW to Quotcry SeMct" 'rc ti- I'. Owl ~B^rtdaNo. A.~QC/~ ANALYSIS OF GTE PRESENTATION zce BEFORE DENTON MY COUNCIL REED.STOWE i CO., INC. D orton repr+esants some of GTE's mejor points as stated in their presanteGon before City Coundl, a: welt as our analysis of their statenw&, 1) GTE ms "surprised" that tyre ditna lbn way su&n tted M not can** with j vi &A* aN of ourvogrmts. i AMY=: GTE did not comply wish slpnlnoarg pis of the InfbrMdon request i that was subnitted by the City on Fstxuary 10, 1994. Despite two separate the tk erW our request in detall to them, they refused to supply - RSerrFOe temtory AowwtkV Manias Subsarber aWess rrm Reverxre acoount narnss and documents listing totals for all revem" e>Q;ludod from kandYss tee payrr>onts Any lrwommWon prior to 1988 StaleRe a tax r mrpWes "offs The objectRAOd to ive of our review was twofold: a) to dsWmkw whether all saoounts hardito has were inoluded In GTVs Payments; and b i j s~ a whetter Wes } to f doetifration Of rownues P°yn'~s we aoa,rate aooordinp to dteir own su to address these two *d to the fee. The hiortnebw request was designed W us wm&%too a cwwm g o/resppn4p to ow brltjrrAgbprr rgq Pays or! ~ nv+enues bl local revertw rnourtts. The revenue base has ~ ka*ft hotustiY dnpft divsasrrre and otYrer miq)or ewura In the om=n ANALYM. This statement is highly MsleadrV and Uxj&T~ly Ineoauate. Not ? only does GTE not Pay kartdrise fses on access revwxm, which is a local service, #nsetlmdefine as ~.;'eY tranchlse tees on all the revenues which U,q, Further, we ha P=M ve disoovWW that other local telephone wrWes have pursued an have b 1W *urbLnft.' This Is a process where portions of mww * h die boon aowined wWn one a=unt Is placed into a separate Pied within this separate sooounk GTE no IorW i A9c, , a.,crt ~„t 12 S 3 subjects this revenue to frandise fees. We asked for historical accounting data from GTE that would enable us to determine whether GTE was unixMiing revenues, but dray refused to turn over this data to us. 3) 07ft payment of SZYO,OW to the Cky M IM rafuasented a "sc,<demear mat #Mmkw adlf ftbmanybbftfbranderpapntnts boflore 1986. j, M ALYM: The prior audit in 1988 conducted by Municipw Admirtisbative Servioas, M4 (MAS) discovered that GTE was underpaying the City even somffrg to GTFs own interpretation of the franchise egrsemsr>L GTE had begun signing new franchise ordinances with dries in the mid 19Ws that father restricted the f reverxie base. Apparently GTE began incorrectly paying Denton on this further restricted revenue base, in violation of Denton's ordinanoe. GTE advlowtedged this mistake and made a paymerd that restored the City to the Position Dud GTE advocated. M only some, certainly riot all, local service accounts were strbjed to frandrise foe. The second part of the MAS ri pM discussed Wes wholesale exclusion of entire categories of revm* from f nchiss fees. MAS asserted that there wes no clear defxsition of 'Local Wange Teleplans Transmission Services.' They concluded that such reverm categories as Access, advertising. and others are generated whhn the city limits of Denton and should be subject to franchise fees. Ftovrever, because GTE would not supply detailed mvenue inforr udon, they could only develop a rough approxlnvste d the total nwomie due to the City. This Robhem r'emairs ur><esolved. 4) Any add W*W Net of SeWmarts assessed against GTE *W be passed than "to Of e/drsns of Dentbn. i ANALYSIS The most s'i~ component (St.S Twill) of the City's claim is for A=n charges. Flowever, GTE collects Access charges from lntermcch repo Carders (AT&T, MCI, sit) and W from individual Damon ratepayers. M addition, Owe is no ceAairrty that GTE can pass Rough to the citttens of Denton the rorn WM $1.3 million in fr rdfine fees I tatted to collect in prior years. This two would in all probability have to be resolved by the Public Utility Conwnission. One aftemative for the PUS is to prohibit GTE from reooverkV this expense from any d its ratepayers. Another option for the PUC would be to requ;re GTE to recover these expanses from its entire basa of several million subscribers h Two& The third option, which we believe to be by far the most unlikely, would be for GTE to be allowed to recover these e)penses from its ratepayers in the Derider 2 a l "'N U C, A.2U-9y WMI'Snge. We are not aware of the PUC ever having allowed this type of recovery in the past. { In e nvwy, at this point in tirns GTE does not have a reasonable basis to Itroft I to melts the dozens of Denton pay for the Company's awn undwwlleot*m of irancNse tees. Boca = of the high degree of cnoertalriy about how such underooilections would be fmanoad, no one can make a raWWJc estimate of the Impact of a settlement on individual rMepeyers. ~ Awanuas an Naady %r and Om W not be su*pef to frAnddse ANALYSIS: This Is a hotly debated topic and Is subject of a dass action lawsuit behp pursued by 67 does In Texas against Sa *westem Bell Teleptrora Company. The position of the cities is that Acoess revw%m are paid by AUT, MCI, eta, to the local cm Wnles for fl* use of the bcal network to originate and complete calls. The same rues and the same ri ltd-way are used for local service and for Access. Further, the local companies t mseNves he" argued in the past that Aooass represents local service. The Public Utility Commission has refined Aooesa as a 10ca1 service. The Modification of Final Judgment, which WJ to the dt 90ture of AT&T, prahbited local oompartias such as 001 and GTE:, from providing tong dstaru service. Therefore. GTIFs argument that Aoorss is long vtisterce Is disingerkrocrs. 8j The nudMm should have just rrllsd on the daft OTE provided In 1984 to tlN otrieracaourrtlrtQ ffM ANALYM Skioe our firm had no oonneetton to the 4988 audt, we cannot rely with oartalny upon the kdormtoW they received or tiro analysis they palomned. In add ft% it is our understanding that the City does not have ttia other fpm Ys worNwem In its possmIon. The only way we could develop reliable results would ~ . be to obtain the required information film GTE. Vft believe that such InIbmlation falls Wbn the soopa of ft City Charter arid could be produced at ftbd cost to 1 . j i 3 i erRw.. I nn~ 4 DENTON I o0oooooaoooo Op0 o F D OQQ 000 ~ w ~ OQ0 o D v vt ell 0 0 C7 c~ C3 0 000 4, pp~ ~DO O N' ~ ~ ~oO °oaoaaaaao°° i7T COUNCIL F WWI Ap*r ► APW CITY COUNCIL REPORT FORMAT l i1 TO: Mayor and Members of the City Council FROM: LJ* V. Harrell, City Manager DATE: December 8, 1994 f SUBJECT: Ruth I. Anderson Estate Trust Fund i Approve a resolution establishing the Ruth 1. Anderson Estate Trust RECOMMENDATION: Fund and authorizing expenditure of fwrds given by the estate to the Parks end Recreation t Department to provide programs for youth-at-risk as required. i The Ruth 1. Anderson Estate Trust fund will provide funding for the "lmproving My Abilities Guarantees incredible New )i'veriernces" (I.M.A.G.I.N.E.) youth-at-risk program through the Parka and Recreation Department. The I.M.A.G.LRE. program was developed by the Children's :'nog ams aces of the Leisure Semites Division as a result of this fording. I.M.A.G.I.N.E. will provide the opporhmity for twelve teenagers, ages 14-17, to participate in a program designed to develop and improve their self esteem, education, leadership ski8s, social responsibility, and decision making abilities. The eight month program wit) meet on a weekly basis and, through participation in team building activities, will establish a positive relationship between the youth and the eormaunity. The young people wW participate in cultural, educational, and recreational activities. Community projects will be conducted in order for the youth to learn the value of doing for others and hexing to improve their community. The program will adninate with a trip to Washington, D.C. where the teens will visit historical museums and institutions. In order to earn the trip, participants must soanmulate 500 points, awarded for academic improvement, community service projects, end attendance at meetings and activities. i This aW;wM program was selected in order to have a lasting impact on the participants involved. Fund raising acdvifw and sponsorships will help sustain this program over multiple yaws. i RACj(GROI In June, 1994 the City of Denton recaved the first of two installments from the Ruth I. Anderson Estate for use by the Parks and Recreation Department, Cl wm?s t Programs, for low income or youth-at-risk programs." as specified in Article 4 of the will of Ruth 1. Andaaon. In November, 1994 the second and final installment was received. The total gift from the ' estate is $30,487.05. Because this gift was given for a specific puupoae, a trust fund account will be established for the arpa"res, which an be monitored as the program develops. 5 PROGRAMS, D;;eARTWMS OR GROUPS AFFECTED: The CMldren's Program Director will administer this program through the leisure Services Division of the Paks said Recreation Department. Youth-at-risk in the community will benefit from this program. pe•ur j afy T F 1 Page 2 Ap0!IdaNo Rutb t. Anderson Estate Ap+a~daltet3t X48 ' ~ r 2 0~ A trust fund account wdl be eatabtished distinct from the General Fund NO ~w snow V" d bins to be made over muhipk Years end to avow expdtd WM to be opeiWW dwougbout the pry ge. RESPECTFULLY SUUBM1 Uoyd V. Hatred City Manages br, j 7 Sin~soo Sworinteadalt of Services . tV~ j 4 1 1 . . .il Ylviatl. X11. .so. s.~ Lam. M 12/12/94 ag8'daIVO 'o 3abc.l 1994-95 1995-96 Personal Services j 8026 Temporary/Seasonal $20880 $2,880 ii 8061 FICA 220 220 8064 Workers Compensation 67 67 Total Personal $3,167 $3,167 j sl►o~liaa ~ 8112 Recreation supplies $2.066 $20067 i Total Supplies $2,066 $2,067 f' +sa ~s 6502 Special Services $4,410 $4,410 8503 Travel Expenses $5,600 55,600 Total Services $10,010 $10,010 _ I $15,243 $15,244 Total Ruth I. Anderson Trust Fund $30,487 1994-95 Budget 15,243 1995-96 Budget $15,200 k • Special Services (8502) include field trips and speaker costs :.i for 14 participants (12 youth and 2 leaders) for eight months, ' and for field tripe over four days for 14 participants in 14 a Washington, D.C. Travel Expenses (8503) include 504 of all air fare and hotel accommodations. The remaining travel expensed will be raised through fund raisers, sponsorships and ` donations. if additional funds are raised, they will be ,a, a. applied to travel expenses. Note: it is the goal of the program to extend past the two year tk` time frame. Grants, sponsorships, fund raisers and . donations will be sought out to provide funding for additional years. f 1 I i ~ { wmers, er;COsh,o 9'y PARKS AND RECREATION ADVISORY BOARDr'**i, G f y Mo o ov xbff 21 11 NI ' : Stslor~gter Conference Rtom it 01 y MINUTES MEMBERS PRESENT: Tan Judd, Chairman Nett StaMgM Member Bud* Hul<teas, Member STAFF PRESENT: Betty McKean I Executive Director of Municipal ServiceslFtonornic Dcwetopm n t Bob Ticknor, Superintendent of Parks Janet Simpson, Superintendent of Leisure Services Mickey ONad, Park Ranting Coord nutor Pat Lae, Adamstrative Secretary Breads. Burton, Director of Children's Programs L MEETING CALLED TO ORDER Tom held calved the meeting to order at 5:31 p.m. IL APPROVAL OF MINUTES. Neta SuJfiogs motioned and Bwldey Hukiess stwwkd approval of the October minutes f u written. III. DISCUSSION ITEMS: 1. LMJLG.LN.E.- Yeed At-Risk Proama (lased Sinop" & Beeada Barbs) ? in June, 1994, the City of Deotoa received $20,671.93 front the Wirth Anderson Estate to provide a program for youth-et-risk Since this time, as additioaa! $9,815.12 has also been doested from the estate, making a total of $30,489.05. Breads Bruton, Director of Cldldren's Programs meted the i.M.A.O.1.NB. Program idea to the Board, wbkh wig be an tight month program that mew weeidy for youth-at-risk ages 14 to 17 yam ok1. Tbey win participate, in VAtural, edw.atiotul, mcreatnon„ community savica, and fwd raising activities. The program ads with a trip to Waetimgton D.C. for those who we 500 points; awarded for academics and participation In an activities. Applicatiorm am being circulated, with a targeted deadline of Novanbex 30th A pod will be selected to . cowW Werviews with the appGcaats around the second week in December ' Twelve applicants wn! be chosen to pu6cote, and the program is scheduled to begin in Jm y, 1995. Board Members expressed their support for the program with Bw** Hakless vohuntttring to servo on the panel of interviewers if Iris sobeduk permits. 2. VISION UPDATE. (Mkkey Oldand ) 112194mn.sarn r DENTON aoa~°°°°ooo O00 0 g D 'p000 00 o0 i 000 O p d )64 r d N ~ ~ oOQ aoaao t CITY COUNCIL .._l bw~ ~~Kw ' sandal, CITY COUNCIL REPORT TO: Mayor and members of the City Council PROMS Lloyd V. Harrell, City Manager DATE: December 1, 1994 SUBJECT: 511 PHONE SYSTEM The City of Dallas is pro posing to install a 511 telephone system. The target data to have the system operational is October 1, 1995. The 511 service would offer a three-digit number which residents of Dallas would call to access any non-emergency city service. This would include code violations, animal control, water main breaks,. potholes in need of patching, etc. Dallas has consolidated all of their dispatch operations (police, f firs, utility, streets, animal control, solid waste, etc.). The 511 citizen calls would come to these dispatchers. Any 911 calls would take priority, of course. If all dispatchers are busy, the 511 call would transfer over to a voice mailbox. The dispatchers could retrieve the call when they are less busy. Once the call is taken, either in person or by voice mail, the dispatcher would either dispatch someone from the appropriate department or generate a work order, either electronically or on paper, and see that it is routed to the appropriate city department. In cases where the citizens needed to be called back, the dispatcher would return the call. The 511 system i8 operational 24 hours-per-day. In the case of a f caller trying to reach a city department after regular office hours, the dispatcher vould provide the citizen with the appropriate number and advise the citizen that office hours are 8 to 5 Monday through Friday. Some problems that Dallas has encountered are: ♦ 511 needs to be established as a "national" number in the same way that 911 has been. • Technology needs to be available to achieve selective routing; that is, if someone outside of the Denton city limits calls 511, that call would need to go to a different jurisdiction. • Dallas is working with Southwestern Bell and the Public Utilities Commission. Southwestern Bell was initially not cooperative with the city's request, but seems to be coming around. ; Of i City Council Report December 1, 1994 S Page 2 ~8i1d8N0 A VVIOITL~ • The PUC has called for public heat raga on this Zatter~ and is expected to announce soon when th~bsg'~ieaar nn gs will take place. • Southwestern Sell has indicated to Dallas that this will be an expensive system to implement, but has not provided any coat figures yet. The issues outlined above will probably force Dallas to i initially offer this system with a seven-digit number. jj 1 • There is some concern in Dallas that people will automatically call 511 anytime they are trying to reach any ' city office. This could overload the dispatchers. Dallas sloes not want their dispatch center to become a switchboard. Dallas feels that these types of calls would ,r eventually decrease, since tying up the dispatchers will cause the call to rotate to a voice mailbox and people will tire of reaching only a recording. Respec ly Z tede i prepared bye Lloy garrell city Manager Aof*ed bye ugai i i►ort Assistant to the City Manager ' ARA03OC2 i I i E T c F n°u r., r ra.:i:~ 1. DENTON :r ooooooQOOOO OO~o p D 000 oo ~ 4vo00 , AN .o o r o~ ~o r O: d Q o b DS ~ O~OU Q N , K oOQ~ aoaooaooa E E i CI7T COUNCIL r i r r b , p i - _ l ~l f il'Ty Of iDEKTION, TEXAS MUNICIPAL BUILDING # DENTON, TEXAS 76201 ~ TELEPHONE (817) 666 V7 { Office 01 the City Manager CITY COUNCIL REPORT y, ~ jj!tt 1 tY. 3 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 1 DATE: December 17, 1994 SUBJECT: Procedure for Temporary Street Closure ,t. 5 • BACKGROUNDI h At the City Council's request Staff investigated methods to streamline the temporary street closure procedure which currently requires City Council approval. In 1993 the f j City Council approved a total of 11 requests for temporary street closures and to date in 1994, 10 requests have been approved. This report outlines information received y' from other cities in the metroplax, and the proposed charges to the existing procedure. Five metroplax cities, including Arlington, Farmers Branch, Carrollton, Fort Worth, and Garland were contacted regarding their procedure for temporary street closures for events. The procedure used for obtaining permission to temporarily close a street In these cities differed in some cases, however, none required council approval. For example, the City of Arlington's Code of Ordinances requires approval of all abutting property owners affected by the closure, limits closures to no more than an 8 hour period, and allows only one permit per block per year. The requesting organization is also responsible for all costs of closing the street including renting the barricades from ' the city and clean-up costs. Final approval of the request is granted by the Director of Transportation. On the other hand, the City of Carrollton requires at least seventy- ' i` ' five percent (76%) of the abutting property owners to sign a petition releasing the city a, from liability. There is also a $26 fee for processing the request and delivery and retrieval of the barricades. Final approval of temporary street closure requests is granted by the Division Manager-Traffic Operations. Attachment I includes a summary of the procedures used in these cities. j 'ftdicared to Quarhy Service" i L . ~u AgeidaNo Agsodalt Procedure for Temporary Street Closure Deis 1 2,2Q•.~ Page 2 Z CQ07 Currently, In order to temporarily close a street or portion of s street, a written request must be made to the City Manager's Office nine (9) days prior to the date of a regular council meeting. This request must be accompanied by a Street Closure. Request Form obtained from the City Manager's Office. This form details the date, time, location, purpose of the event, and signatures of all residents to be affected by the proposed closure (Attachment il), Once approved by the Council, the City Manager's Office Staff contacts the Street Department to schedule delivery of barricades for the event. Currently, there Is no cost to secure a street closure. Based on the Council's request to streamline the process and the Information received from the other cities, Staff proposes to remove the requirement of Council approval for routine requests such as block parties and annual evsnts. In addition, the proposed procedure provides the orgenizationAndividuai the opportunity to make appeal to the City Council If nat in agreement with the City, Manager's decision. SUMMARY In order for an organizationtindividual to obtain a permit, the proposed procedure requires that they submit a completed street closure request, obtained from the City Manager 'a Office {Attachment III}, along with a letter of request. The request should Include the date, time, and location or the event; signatures of all abutting property owners/residents to be affected by the closure; and, be submitted at least 14 days prior to the event. In addition, the letter should detail the activities to be conducted, for example parade, live music, or street dancing. Depending on the extent of activities to be conducted during the street closure, the organlzationrndividual may be required to seek an exception to the noise ordinance from the City Council or obtain a parade permit from the Police Department. The City Manager's Office will review the request and contact the Transportation and Engineering, Police, and Fire Departments to make them aware of the request. Once approved the organization/individual and appropriate City departments will be notified. Should the request be denied the organizationrndividual has the option to appeal the decision to the City Manager. ' Should you have questions regarding any of this material or need additional information, please let me know. ii t dr F ~jesCaNo t Procedure for Temporary Street Closure } Page 3 84$7 PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: l : t { ` Area residents and organizations requesting a temporary street closure. FISCAL IMPACT: None.' 1 RESPEC FULLY SUBMITTED' Uoyd V. Harrell City Manager I Prepared By: + ! r Veronice $ Oglesby Administrative Assistant 11 4 r . , A proved By s' V r win 1 000 . S Jos h Portugal Assistant to the City Manager is ATTACHMENTS: I. Street Closure Survey 2. Current Request for Street Closure r ! 3. Proposed Request for Street Closure , I • i I f ~ i rat ln•y V1.TCA1 ATTACHMENT I Ada : 'r~ Street Closure Survey ovj l 2 q I-Lc%m7 SdSY Responsible Dena +Mnt Contact Person/Phone N ember 1. Arlington TraicJTransportation Darla Taylor/817.459 8378 Section 6.02.1 of the City of Arlington's Street Ordinance allows residents to engage in social functions provided that a petition is secured from the Department of Transportation, signed by all abutting property owners affected by the closure, and returned no later than one week prior to the event. The closure shall not interfere with necessary traffic circulation and emergency ' vehicle routes shall be permitted. Petitions are granted for no more than an 8 hour period and only one permit per block per year. Also, barricades are rented from the city who will set up barricades. The group Is also responsible for all t costs of closing the street, including policeman, and clean-up costs. 2. Farmer's Branch Public Works Shannon/214-247-3131 ' The city manager Is authorized by ordinance to temporarily close a street for a social function or block parry subject to rules and regulations as the city : manager deems necessary. There Is a $6.00 permit fee. 3. Carrolton Traffic Operations Shon/214.466.3050 , j Applicant must comolate block party request form with at least 75% of property owners involved signing a petition and release from liability. Must be submitted 7 days prior to the event. There is a $25 fee for processing, delivery and 'retrieval of barricades. Y. 4. Fort Worth TransportationlPublio Works Key1817-871-7894 * ;y t*£ For temporary closures, 1 - 3 days no council approval is required. Requests + Kfor closures exceeding 3 days require council approval and must be submitted ~.r at least 80 days prior to council meeting. A letter of request must be lee submitted to Transportation and Public Works with 80% of homeowner's approval or 100% of businesses. The individual/organization must supply their own barricades, from an approved barricade supplier. They are also required to provide liability an hold city harmless documentation. F IA w 6. Garland Transportation, Police, Fire Ronnie/214.206.2300 Application and petition with signatures of all affected residents must be received 7 days before event. Permitted time for events 9 a.m to 10 p.m. No N alcohol permitted in right-of-way. Must remove all trash, refuse within 8 hours after event. Street should be barricaded at nearest adjacent '.ttersection. . i E ATTACHMENT II ~E G2 X1'0, 01 REQVEST FOR STREET CL0A4 ;5 Date 11 -9(.l organization Requesting Street Closures 5 dd 7 Contact Person i Addreset Phone Numbers Street To Be Closed: Date and Time To Be Closed: Intersecting Streets i Reason For closure Please complete the lower portion of this form. ALL Property owners and/or tenants affected by the street closure MST be contacts and must sign below with an Indication of being in favor or in opposition to the street closure. Name of Property owner/ Address Authorised Iavor/ 1 Tenant of Property Signature Oppose n 2, ~ . 3. 40 ;i 68 7. Ij J1 9. h 10. AMO DO FC 1. ATTACHMENT III REQUEST FOR STREET CLOSURE GAO -20 tl organization Ragtyetina street poeurr. Contact Pwaon: Adders: Phor»Numbw: , NmefPhons Number Ahemata Contact Perron: Stet To Be Cbaad: j Dou and Time To Ba Cbesd: hnarsectkq Strnta: ReswI Cbsum: Request must be aocompw"d by egnstwos of sA affected property owners. (Sea Attachment) j #%"a Met the type ecdvI to be con&mW &AV tM evem: TM SECTM FOR BTAPF USE CNLY i DEPASTMENTAL REVIEW COMMENTS APPROVING SIGNATURE/11TLE l CITY MANAGER'S OFFICE j I FIRE DEPARTMENT , POLICE DEPARTMENT TRANSPORTATION/ENGINEERINIG ' r. i ] DOES THIS REQUEST REQUIRE: YES NO City Council Approval? Exception to the Noise ? Ordinance? Parade Permit? Other Conditions/Requirements? t, Request Aporoved By: NameMde j OWW10% a ft*M 1140 N C*W 0I to d&UW A to "I WoorintlanNISIII" 11,1111 &1 i Ati L p. f; AU;w"" owews "cw ton" ~ad by the street closure bllfgT be cannctod wrd must OKbdow whh an kwkodon of t.rry In rrv« or In opposidan to u» strM dos... V'Nw o of Prop" Owner/ Addrno " 190141 Audwrizsd oror! Torn of Property 6ipnotu►o W f 3 s ' 6. 8 4. rf i 30• ' t . s ~a rJ 1?• 1 d. P F 18. 14. ~ V i i ~i 20• e r 11. x f 27. rt 93. N „ 94• ]s. T ♦tY pY 7 DENTIN { 0000 000 a ° ADO C3 C=1 d 0 ozb V040 1 fl004Q~~~ } 1 i, ITS' COUNCIL 1 .gar a ppendaNo ~4QI>tlddlt DAT6RkWcamhaL20 19 4 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager r SUBJECT: IMPLEMENTATION OF THE JUVENILE DIVERSION TASK FORCE RECOMMENDATIONS RECOMMENDATION: Staff recommends that the City Council select two individuals to serve on the Board of Directors of teen court and appoint the members of the Juvenile Crime Inter- agency Coalition. BACKGROUND: As you may recall, the Juvenile Diversion Task Force had three I recommendations. The first recommendation was for the creation of a teen court. The second recommendation was for the City to contract with counseling facilities which offered first offender programs. This recommendation would give the municipal judge options for j dealing with juveniles from dysfunctional families. The final recommendation was for the City Council to create a Juvenile Crime Inter-agency Coalition. The mission of the coalition would be topromote understanding, facilitate coordination and cooperation among agencies Involved with juvenile Issues. i We have selected the agencles that will provide the first offender counseling programs, and referrals will begin during January of 1996. We are now prepared to implement the remaining recommendations. During our previous discussion of the teen court program, Council indicated their desire not to give up hope on funding and support from the County. We are pleased to report that the County Commissioners have Indicated their support of the program, They indicated that they will be willing to provide the same funding level that Is made available in the Carrollton, Colony and Lewisville areas (i.e., all the fines teen court collects will be used on teen court activities). They ah+o indicated that the funding level would be contingent upon the willingness of the justice of the peace in our area to be a part of our teen court program. Our staff members have subsequently met with Sandra Chapman, Justice of the Peace, Precinct 1, and Barbara Galley, Justice of the Peace, Precinct 6. Both Indicated i that they were In support of the teen court program. They also said they would be willino to serve on the Board of Directors Ii.e., as representatives of the County). k At this point, we believe the County, school district and bar association are all prepared and willing to appoint two members to the teen court Board of Directors. Letters are being mailed to all the agencies sc that they can Initiate this process. i i With regard to the Juvenile Crime Inter-agency Coalition, the Task Force recommended that the coalition members be appointed by the Council for three-year staggered terms. They also recommended that the composition be similar to that of the Juvenile Diversion Task Force. 3 In fact, some of the individuals that served on the task force indicated a willingness to also serve on the Juvenile Crime Inter-agency Coalition. The rr's of this coalition would be to develop an annual report for the City Council on juvenile crime Issues, It would be thoir purpose to Inform the City Council on the needs for additional coordination, resources and the status of juvenile crime and related Issues. 1 Q~sup ~andaN~ ~^Ou/ I Council Report Format Juvenile Diversion Task Force Recommendations ag3i,d31tO_ Page 2 DdlB-42' -y PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Municipal Judge, Legal department, Police department, and Municipal Court Clerk's office will be affected by the I activities of both the teen court and Juvenile Crime Interagency Coalition. FISCAL IMPACT: None Respectfully submitted: *-V. Harrell City Manager r• ' ,'7 "3 rrMrM N l[ i ' f4 • f AWvWd I 4 LI a. ~ : Y AIM 1 i li DENTON ooooaaadoooo O0~ O P b 8 ~OQ /O r, r ~ ly Q D I I Y, CZ) O d o ~pQ r 000000000° , ~ I r . oUNClL s c a ' I ti No .4-Al AQd~d81 CITY OF DENTON CITY COUNCIL MINUTES IA f October 4, 1994 (c86Z The Council convened into a Closed Meeting on Tuesday, October 4, ` 1994 at 5115 p.m. In the Civil Defense Room. PRESENT$ Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, and Smith. ABSENTt Council Members Chew and Miller 5:15 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action in John Marie Preston v City -of Denton and Jaaoe-Public Company. 2. Considered action in Cohagen. et al. v City. S. i 5 B. Real Estate Under TEX. GOVT CODE Sec. 55•k.07c C. Personnel/Board Appointments Under TEX. GOY'T CODE I Sea. 551.074 } 1. Considered transition of City Attorney to Part-time Municipal Judge. The Council convened into a Work Session on Tuesday, October 4, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, and Smith ABSENT: Council Members Chew and Miller 6:00 p.m. 1. The Council received a report, geld a discussion and ave staff direction regarding adoption of a proposed "Off-duty Inlury or illness" policy (107.05). Mary Ann Stout, Human Resources specialist, stated that the purpose of this policy was to coordinate salary continuation and to uniform 3 the benefits administration when an employee was unable to perform his job duties or unable to work for an extended period of time due to an off-duty injury or illness. It gave a supervisor the f opportunity to evaluate whether the position should be filled after an employee was unable to perform his job for at least six 41 E consecutive months. This policy applied to regular full-time and regular part-time employees and followed applicable Federal and State laws. Council would consider this item on October 18th and i ONE erGalVo ~ City of Denton City Council Minutes A~G,'Q;it6 October 4, 1994 W,,1~ - L1 Page 2 2~ z the policy, if approved, would be effective November 1, 1994. Council Member Cott asked if it were usual that an off-job injury was covered in this manner. Stout replied correct. This policy would put in writing what the City had been practicing. Consensus of the Council was to return the item for formal Council consideration. Council Member Cott asked about the cost of the policy. Stout replied that this was a cost effective policy as it allowed supervisors to evaluate position openings after an employee was not able to work for more than six months. There were no additional costs as the benefits administration would a PP1Y regardless. City Manager Harrell stated that the City had the possibility of L saving money and this policy gave a method to terminate an employee, for a business necessity, after a long-term disability. 2, The Council received a report, held a discussion and gave staff direction regarding adoption of a proposed "Reduction in Force" policy (109.04). Tom Klinck, Director for Human Resources, stated that the policy statements would provide the Council with guidance and direction for the City Manager with regard to service areas to continue and service areas to reduce, particularly when economic times and other conditions necessitated the consideration of reducing staffing in various parts of the City. As a part of the budget process, the City Manager would then recommend positions and incumbents for elimination for the Council's consideration. There would be a reasonable attempt to integrate those employees into other departments and positions, provide help with outplacement and provide severance pay. Procedures involved in this policy stated that department directors would prepare a reduction-in-force plan as part of the budget to be presented to the City Manager. The specific criteria used with the reduction-in-force plan and to q. identify the positions which might need elimination were the overall service delivery in the organization and within the department, employee productivity, skills, knowledge and abilities ` j and length of service, outplacement assistance would include ' counseling; career counseling; resume update assistance; assessment of strengthe skills eta. skills. ' t job search guidance; and job interview 3 v4 "~72~?daNo u-O ~-l i A9 ^~a!lar~ City Denton October 4,, 1994City Council Minutes Page 3 6GG i City Manager Harrell stated that the policy was an attempt to be proactive by the city. Currently there was no policy in place to handle a reduction in force. Where was no anticipation that this policy would be used in the future but it was necessary to have an approved policy in place should the need arise. Consensus of the Council was to return with the policy for formal consideration. 3. The Council held a discussion and gave staff direction regarding the desirability of forming a Capital Improvements citizen committee. I City Manager Harrell stated that during the budget discussions, Council Member Smith had asked for consideration of the formation of a CIP study committee. Staff had prepared a rough draft of a resolution for council to consider in the future. Staff was asking whether the Council desired to go forward with such a resolution and if so, were there any modifications needed to be made to the resolution. Section I called for the appointment of a 50 member CIP committee. This was not a set number and could be changed per Councilts direction. Section III dealt with some of the concerns regarding fire needs. After the committee was appointed, the committee would issue two reports. One would be an interim report concentrating on the CIP needs within the Fire Department which were being recommended by the Committee. The Fire Department needs would be presented early so that once the Council had the data from the Committee as to what future CIP improvements were envisioned, that information would be helpful as the Council took up the fire manning issue. A final comprehensive report would be submitted at a later date. After this year, the City would be out of 1986 bond money and in order to keep the CIP schedule going, some type of bond election would be needed within the next year. It was felt that the Committee would come back to council with a recommended program to present to the Denton voters after it was reviewed by the City Councile i E Brock motioned, Cott seconded to postpone this item until the w October lath meeting when all Council Members would be present. She { felt it was important enough to be heard and discussed by the complete Council. City Attorney Drayovitch stated that four affirmative votes would be needed for that motion. On roil vote, Brock "aye", Cott, "aye", Smith "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 2-3 vote. r, r aAaidaNo ~'Q~ ~ City of Denton City Council Minutes RO~rd31f8 October 4' 1994 Page4 Ld;a 'ZO -q uC(L Council Member Smith proposed to delay the item longer than October 18th. She felt that there were obvious serious divisions on the Council as to what direction was needed to take with many of these issues. She hoped that the council could take some time to try to come to some sort of consensus of thought on what the direction should be. She had hoped that the Council could move forward quickly with some kind of movement on the entire situation and the issues. The CIP needs were obvious and there was a need to decide fire station locations and there was a need for more equipment for the Fire Department as well as large drainage problems in the community. The CIP project was more involved than just the Fire Department she morto work e like this that time was needed. or see the Council be able to come to a better agreement among themselves. She felt it would be unfair to the Denton citizens to form a commission in the very near future when the Council did not have an agreement of purpose among themselves. Delaying the project might give the Council the opportunity to reach some sort of agreement and establish a direction for a task force. She felt that the Council needed to move ahead for all citizens and must meet the needs and concerns of all the citizens of Denton. No matter where the uitizens lived and no matter what type of business they did, the Council was charged with the responsibility for everyone. The Council must proceed in a rational, sane, and informed manners That was the only way that the council would come to a rational, informed decision. Speed was of some essence because of the issues involved. Council Member Cott felt that the process was too long as proposed by Council Member Smith. During the recent fire on the Square, there were 68 Denton fire fighters on duty along with fire fighters from Krum and Argyle. Those personnel had long hours to work, especially with the second fire. He felt there was a need for six j f that drainage was ire fighters now and then a committee was needed. He also felt recommended that six fire a fighters the be citizens of added and then t pro edawith € the issues of the committee. t Mayor Castleberry stated that the only decision the Council could make was regarding the direction for a CIP Committee. Council Member Smith suggested postponing the consideration of a committee until November. Council Member Perry felt that this issue was something which the Council needed to move forward with as the CIP issues were important to all citizens. He was concerned about Section III and felt that it should be removed as a special consideration. He City of Denton city council Minutes as October 4, 1994 Page 5 •5 "O suggested deleting Section III and instead have interim reports made to Council from all departments affected by the CIP program. Mayor Pro Ten Brock felt that the real problem was that there was the need to separate the issue of fire staffing from the whole CIP issue. She was convinced that there was a need for additional fire/EMS staff even if facilities were not expanded. She was concerned as she felt that public perception in this area was important. Before anyone invested anything in rebuilding on the Square or in building anything anywhere in Denton, he had to feel that the city was committed to adequate fire protection. The Council believed and knew that the City was committed to adequate fire protection but she felt that the feelings and opinions of those who might be having some questions, had to be taken ' seriously. She was of raid that putting the fire issues in the context of a CIP gave the impression that the Council did not want to do anything about any possible shortages in the fire protection program. The Council did not need a CIP committee to tell them II that additional library staff, policemen, or an additional position in the Planning Department were needed. She felt that the Council f needed to take action on expanding the fire fighting/EMS force as I a a separate issue from any CIP issue. She hoped that that position j was not considered irrational, insane or irresponsible. She felt that the two issues needed to be separated and to deal with the immediate issue of whether there was adequate fire staff. Smith motioned, Perry seconded to have this item placed on the Council's first meeting in November. In the meantime, she wished the Council could try to come to some consensus regarding the issue. Mayor Pro Tom Brock stated that the fire staffing issue was not a CIP issue and should be separate from the CIP issue. Mayor Castleberry stated that he agreed with Council Member Smith and that there was a need for a period of time to give additional thought to the issues. on roll vote, Brock "nay", Cott, "aye", Smith "aye", Perry "aye", "I and Mayor Castleberry "aye". Motion carried with a 4-1 vote. s , The Council convened into a Regular Session on Tuesday, October 4, 1994 at 700 p.m. in the Council Chambers. ~j PRESENTi Mayor Castleberry; Mayor Pro Tom Brock) Council Members Cott, Perry, and Smith. ABSENTt Council Members Chew and Miller f ~ a i Mal yrw City of Denton city Council Minutes jCD(~3~Jo u-~'~i October 4, 1994 Page 6 a~b6 7:00 p.m. 1. Pledge of Allegiance The council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the August 2, 1994; the August 9, 1994; and the August 16, 1994 city Council meetings. Perry motioned, Brock seconded to approve the minutes as presented. w. r On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: National Business Womens Week Cocchhetti Days in Denton Quality Month Public Power Week " National Fire Prevention Week 3. The Council considered approval of a resolution designating a "Wall of Honor" acknowledging the many contributions of City employees. City Manager Harrell stated that the "Wail of Honor" was a place to % ' recognize employees who provided quality service to the citizens of Denton. The "Wall of Honor" would display letters received from citizens acknowledging an outstanding effort of a particular city ` employee. The following resolution was considered: NO. R94-057 A RESOLUTION OF THE CITY OF DENTON, TEXAS, DESIGNATING A "WALL j OF HONOR" ACKNOWLEDGING THE MANY CONTRIBUTIONS OF CITY EMPLOYEES; AND PROVIDING AN EFFECTIVE DATE. On roll 17 to a ~ Smith motioned, Perry y seconded t approve the resolution, Voter Brock "aYe"t Cott* "aYa", smith "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. y'i aipl y City of Denton City Council Minutes ~~B1~2N0 y f_ October 4, 1994 ~~SAj~i19 Page 7 ` -7 4. Citizen Requests j A. The Council considered approval of a resolution temporarily closing Sun Valley Drive r 4be between Stuart Road and i Yellowstone Street on Friday, October Joseph Portugal, Assistant to the City Manager, stated that this, resolution would authorize the temporarily closure of Sun Valley Drive from Yellowstone to Stuart Road for the Ginnings Fall Festival. This would provide save passage for students and I families at the function. The following resolution was considered: NO. R94-058 I' A RESOLUTION TEMPORARILY CLOSING SUN VALLEY DRIVE BETWEEN I STUART ROAD AND YELLOWSTONE STREET ON FRIDAY, OCTOBER 141 1994p AND PROVIDING AN EFFECTIVE DATE. Brock motioned Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Cdetlaberry "aye". Motion carried unanimously. B. The Council considered approval of an exception to the after 10:00 p.m. on to occur noise ordinance for construction work Teasley Lane. Rick Svehla, Deputy City Manager, stated that the Brown and Root Company was working on Teasley Lane and needed to saw the concrete for the road. This needed to be done later in the evening hours. The request was for an eight month period to cover all of the pouring season and that the pouring would not be late every evening. Council Member Perry asked for the days of the week for the I exception. Svehla r replied work on the the weekends. would be for Monday through Friday with no r Smith motioned, Perry seconded to grant the exception. On roll 1 Castleberry "aye".C Motion y carried Smith unanimously Pry "aye", and Mayor vote I Brock "aye". Cast { City of Denton city council Minutes ;,~3 temp ~.L 1994 u October 41 Page 8 C33 s. Citizen Reports ; ' A. The Council received a citizen report from Jim Pow rs asking the Council to rescind the sign ordinance against flying the American flag on his automobiles. Mr. Powers stated that he had exhausted almost every avenue in the city for the right to fly the American flag on his property at his t place of business. He had been harassed just recently as two days and ago when he comply installedian ordinance. American, Texas, and is which They made a mistake and used grandfather clause and moved the them existing back flag posts 18 inches from the highway so as to put them in a more rigid position. Two days ago he was told that those flags had to be removed hadnreceivedlinformationgbothtpro and ordinance 'regulations. He He i con regarding the issue and would like to make a deal with the f City. There were much lesser items on the ballot which the suggests voted on tthe the and honor a ballot of t ThemDenton (Record- suggested putting . ~ Chronicle conducted a survey for three hours regarding the issue and the total was 90-17 in his favor. If the Council did not step in and help him, then the Council did not have a sense of shame and no sense of decency. He wanted to fly his flags in an orderly manner and conduct his business. e. The Council received a citizen report from Joe Dodd regarding one fire fighting hero. he a at the meeting. and that would be fire fighting as he was h not wanted hard otod do stated problem in Denton was not a new emergency that required immediate attention. It was a long standing problem that had reached a critical point. People could be killed in some fire circumstances. Whatever the cost for pore menp it Another problem be worth i the st to save ~ pieces of peoples lives. political the lo posturing on the issue. The longer this w red to him thanger there ti would take to correct the problem. It app were three votes on Council locked in favor for the fire protection which he felt was needed and that there were three votes lockkedoin to studying the issue as part of a longer problem. There was vote not locked in and he wanted to nominate that person to a hero status. He wanted to nominate Mark chow as a hero and urged him to accept the nomination. } City of Denton city council minutes N =0UI-- october 4, 1994 lt3,r,C~ 1~a1 Page 9 6. Public Hearings j A. The Council held a public hearing with regard to the ' Jim pChristal Road and west of Masch 2 Branch Road tract located (A 66 north of Harry Persuad, Senior Planner, stated that f this was the second of two pubic hearings required by law. been working with residents and was trying to address some of their concerns. The Mayor opened the public hearing. No one spoke in favor. f Nedra Mitchell stated that she and her neighbors were in opposition to this annexation. Her first question was what was the purpose of t this proposed annexation. Persuad stated that the purpose was to include a donut hole which existed in the City limits. The tract of land was surrounded on all sides by the City limits and the city was trying to regulate those lines so as to have contiguous lines around the City. Mitchell asked why the annexation had to take place now when the area was populated. Mayor Castleberry stated that during the Counoills planning session, council became more aware of areas which were encircled by the City and this was the reason for the annexation proposal. i Mitchell asked if delaying the annexation would jeopardize the Airport Master Plan. Mayor Castleberry replied no. t~ Mitchell asked if the annexation were approved, would it give the } City any additional control over the area which the City did not 1 already have through its extraterritorial jurisdiction and the f Airport regulations. j t Persuad stated that the City was authorized to enforce its regulations and to provide services to its areas incorporated within its limits. In that manner, the City would have more control over land use and new development in this area as well as provide a better quality of ayorCastleberry and stsolid ated at waste such services included police and fire protection, ,i I i r,ti ~a ~Jc~da~do City of Denton City Council Minutes f;,;,' >#2 October 4, 1994 Page 10 r 0 ~6 2 Robert Nobles stated that he lived in the proposed annexed area. His wife was a lifetime Denton resident and he was in the cattle business. He was opposed to this annexation as there would be no benefits to him. He wanted to know about the City ordinance regarding fences. He understood that the City ordinance prohibited f barbed wire in the city limits. He had much barbed wire around his property and had breeding animals Including bulls which also were not allowed in the City limits. in the City limits, there was a requirement to have approval for tree removal which also had no benefit from his standpoint. This was agricultural land and he did not feel that it would be developed in hie lifetime. He also had a swimming pool and asked where that would fall in the City ordinances for chemical treatment, etc. He asked if he would have to install curb, gutters and sidewalks. Mayor Castleberry stated that he was not sure that staff could answer all the resident's questions at this point in time. staff would return to the residents with the answers to their questions. Frank Robbins, Executive Director for Planning and Development, stated that the property would be exempt from sidewalks, curbs and gutter until there was development on the property. Nobles stated that this was a rural community and he did not want to be annexed. Mayor Pro Tom Brock asked if there was a City ordinance prohibiting barbed wire in the City. Robbins replied yes that an issue would be if the property would be grandfathered and staff was researching that situation. Gerald Mitchell stated that this area had a voluntary annexation in 1986 on three different tracts of property. There were ten homes in the proposed annexation area, four of which were in Zone 2 of the Airport, one was already in the city limits and the other five would be brought into the City with this proposal. The City would be losing money with this annexation as the services would cost too such for the number of homes. The residents in th_s area were active members of the Denton community but did not want to be annexed into the City. His questions dealt wihh water and sewer services to be provided, and studies done regarding the feasibility of developing the land. Brian Walding stated that he understood the reason for this proposal was to remove donut holes within the City limits. There was a line on Jim Christal Road which was not in the City limits and he asked why that area was not being annexed. } E 7 1 ' i 1 r- I I ■ 1 City of Denton City Council Minutes AgordaNo October 4, 1994 Agrindal1 Page ii Dale ~ZrTr`9`2 I Persuad stated that that area was currently outside the City limits J and staff had not looked at that tract at that point in time. ~j Walding stated that the Service Plan indicated that they would receive fire protection within the limitations of available water. He asked what was the limitations of available water for the area and how close was the nearest fire station. He asked if the City could guarantee the same level of protection as far as fire protection as they were receiving from Krum and Ponder. He asked if his fire insurance premiums would go down if he was annexed. The Service Plan indicated that they would not receive the same services until ultimate development and he asked for a definition of ultimate development. Robbins stated that that was a general statement which represented the issue in the State law about different levels of service. When the City annexed, it did not have to provide the same level of service uniformly to ever t p the City was allowed to have differs t levels of~service, Under Sdepending I} on the land use and density. Ultimate development meant standard residential subdivisions or commercial development. Mayor Pro Ten Brock where the current water and sewer lines extended in this area. Persuad stated that he understood the water lines currently went as far as the corner of Jim Christal Road and Masch Branch Road. Mayor Pro Tom Brock asked if the City could enforce its airport zoning in areas not within the city limits. Persuad replied yes that those regulations could be enforced ! outside the city limits. James Wetzel stated that he had several questions regarding the annexation aid was opposed to the annexation. The Service Plan indicated that the area would receive routine services using existing personnel and equipment for police protection. would this service be taken from other parts of the City in order to assist this area. The Service Plan also stated that they would not receive ti full service until ultimate development and he wanted to know when that would be. He felt that the service indicated that they would change from the County Sheriff to the Cit often would they be patrolled. Y police and he naked how Mayor Castleberry stated that staff could not answer all of his questions at this meeting as they would have to do some research regarding the questions. City of Denton City Council Minutes N~Ord?h!0 Q October 4, 1994 A~~ ~311v ~U Page 12 f13;8 r r2D Wetzel asked what benefit he would receive for this annexation. The resident's tax rates would double when annexed into the City. Council Member Perry stated that he would like to know what the Council would be required to do on Egan Road and an additional road in the area to have improvements made and how far down the lane would the Council be required to maintain that road. E Mayor Pro Tem Brock stated that she had lived south of 135 for a long time and for a long time there was only a dirt road there as the area was not developed enough to justify paving in the area. She did not have curb and gutter along her road and no real drainage along that road. Her area was a transition from a rural area to a developed area. Freda Wetzel stated that her concerns dealt with how long it would be before water and sewer lines were extended to within 1000 feet of her home. When there was a 1986 annexation of the area, was there any study done to ascertain the feasibility to develop the land before annexation was granted or was it a voluntary annexation. Had anyone determined what percentage of the land was below the flood plain and what percentage of land which could not be sold would developers normally accept in their feasibility studies. Had the utility engineers devised a method of containing Hickory Creek so that it would not destroy Denton 's sewer lines as it had in the recent past. Was there anything in the works which would accelerate the development time table sooner than the year 2015 as projected in the Denton Airport Master Plan. The Service Plan indicated that the area would receive the same level of i service as available to comparable areas within the City. She asked what serviois were now provided to those comparable areas and s where were those areas. Howard Harper stated that he had most of the same concerns as had already been expressed. He bought his property in 1981 and in 1988 he wanted to build a home on the site. When they went to apply for a building permit, they were informed that they would have to construct a sidewalk as the property was in the City limits. Research indicated that that was correct and when he asked for a ' variance, he was denied. The west end of the sidewalk would not connect until it reached Decatur and the east side would connect at r , McKinney. He felt that it would not be feasible to build on that side and chose another location. City codes affected individuals even in the country. He was still waiting for a full compliment of City services even when paying City taxes. Carolyn Harper stated that her questions were on cost considerations. How would this annexation affect the Cityls budget i ~I 1 City of Denton City Council Minutes October 4, 1994 ~~3 d Page 13 -2Q t 1 Z 1 and how much in taxes would the City receive as opposed to the cost of services provided. would the income offset the cost of the ( annexation and if not, why was the annexation feasible. I, Mayor Castleberry indicated that he had two speaker cards from individuals who did not wish to address the Council. Mark and Linda Cole indicated that they would pay City taxes if they would be entitled to the same benefits as other tax payers. Jimmy Lou Nobles felt that the proposed annexation would be an extreme hardship on their cattle business. The Mayor closed the public hearing. Mayor Castleberry stated that there was a set procedure for annexations and this was strictly a public hearing on the proposal. B. The Council held a public hearing with regard to the proposed annexation and zoning of a 68 acre tract located north of f Ryan Road and east of rorrestridge Drive. (A-67) I i Harry Persuad, Senior Planner, stated that this was another proposal to annex a 68 acre tract north of Ryan road. This was the second of two public hearings as required by state law. Staff met with the residents of the neighborhood last evening. There were ' still some questions from that meeting that staff was researching such as a situation of a swimming pool and the possibility of retrofiting it with fences and gates. The Mayor opened the public hearing. No one spoke in favor. Stanley Ratliff stated that he had recently attended a neighborhood meeting with City staff and that staff was very well prepared. Police service was currently provided by the Denton County Sheriffts Department and after annexation, would be provided by the City of Denton. Currently they received fire protection from the Argyle volunteer department and after annexation only service providers would change. The Service Plan indicated that water and wastewater services would be extended to the area in accordance with the City+s Master Plan. Currently City water was available to them providing they extended the line from the existing termination point at Forrestridge and Ryan Road which was approximately 1200 feet from his property. The cost of such an extension was ' estimated at $35,000. He was already receiving and paying for r solid waste collection. Presently Ryan Road was maintained by the County and annexation would not affect that situation. Leisure Lane would remain a private road. He had been told that the City p na 1 NLI. iTF City of Denton city council minutes October 4, 1994 6 Z Page 14 would enforce all applicable codes and regulations as of the effective date of annexation. This meant, that among other things, the stray cats they fed would be unlicensed and unregistered pets. Staff was investigating the requirement of whether he would need a fence around his pool. His pool was 150 feet from nearest house G= which was his own home. In a cost benefits analysis, there would T be a cost for this annexation but no benefit for the residents in kt. the proposed annexation. The area would not be subdividing and residents would receive no benefit from the annexation. David Carlson stated that he was concerned about the lifestyle change which would result from annexation. when he did not live in the City, he did not expect to have certain services such as City water, sewer, lights and sidewalks. He had no plans to develop his property any further. when he asked why the area was being annexed, he was told it was to square up tha Cl.ty boundaries. What benefit did the City receive for a square boundary. He was concerned because the Council was elected by citizens and the job i of the Council was to represent the citizens of Denton. He felt there was a large benefit for the city and did not know of a voice on the Council for him. The annexation had the potential of financially harming the families in the area. Tanmie Carlson stated that this annexation would have a large impact on her, If the City needed money, she would donate the equivalent money in order to not be annexed. There were many trees and a private pond in this area with few paved roads. It was a rural community which was what it was meant to be. The residents would receive no benefits but the City would receive property taxes. She invited the Council to come out and talk with the residents and walk the property. She asked the Council to help keep this a rural community as it was intended to be. Ray L. Baker stated that the 68 acres of proposed annexation was unique to Denton. He moved there due to the park-like country life style environment. There were eleven families in the area and most property was in 4-7 acre parcels. The property was already developed except for one area. There was no intention to develop the property further and this created problems for individuals due to the inability to get services in the area. His greatest concern was the lifestyle change which would occur with the annexation. Certain ordinances of the city would require them to change many of their properties. There were man unique in the area which could not be addresse. aand wanted lto circumstces protect the lifestyle and environment they had maintained for the past 20-40 years. He requested that the Council look at each individual case. • i SAW Ag'-4al City of Denton City Council Minutes October 4, 1994 j page 15 1 Robert Heilig stated that he selected the area due estihproblemtwae and now found that it could be changed. x is bigg well agreement the u If anne , his agreement. s well om the well as use of hi from stated that he would no longer be supplied water He would have to bring water his it would be available from the City. an additional of $35t000. from Hisecurrentnseptic system wouldthave a cost 1200 fee water er a et to hook up to City s tal cost of $32,000. The Service ewer at a to Plan had t would " to provide a program under which the municipality provide within 4 1/2 t and in the he annexed area Service Plan he had did not annexation services ears rs oo! the full date o ate of municipal I lice protection ye show that. The area already c icei to the a nexeticn. and the residents were in opp Frederick Opaskey stated that he had a business is he abe out of his home and if annexed into the City, there would many of his wing f restrictions eren two homes on the Paseo hichowould benefit by iness. were There annexed as they wanted to subdivide that property. His real estate attorney indicated that this proposed annexation who probably ly due to the desire of one of those areas to ubdivide$ several years ago. es probably should have been in the City limits suggested annexing those locations and leave the rest of the area alone. That would be a good compromise etween the residents and the City and asked if it would be possible. Mayor Castleberry stated that that was not part of this annexation. Opaskey stated that he did not understand that response. there was a set procedure which Mayor Castleberry indicated that Porn another ate law. The City was not had to be goal according to allowed to p one Opaskey stated that it was all or nothing for this annexation. Mayor Castleberry stated yes under this current annexation proposal. Opaskey asked if it could be changed. Mayor Castleberry replied yes. City Manager Harrell stated that if the Council desired to modify the plan, they would have to utart the annexation process from the beginning. The procedure would be to deny this annexation request and then start the procedure again with different boundaries. i } City of Denton City Council Minutes ,11 October 4, 1994 Page 16 ~~A9jJ~s 8c1~Ca ,3Tt1G I .0, 0 A%o . y Opaskey asked the Council to vote no on this annexation and start j again. A new pprocess would benefit two individuals but would not benefit those in the proposed annexation. Council Member Cott asked how picking someone else and sacrificing then would benefit anyone. Opaskey stated that the real estate attorney he had talked to stated that this action was obviously brought about by someone wanting to subdivide. one particular party did not live in the City of Denton and he wanted to sell the property. Council Member Cott indicated that he did not understand. Opaskey stated that there were two houses on E1 Paseo. The owners of those two houses would benefit from annexation while the rest of j the area would not benefit. Council Member Cott stated that as be saw it, that was how it E happened in Europe in the 1930's and 1401's. Opaskey asked Council Member Cott what he meant by that remark. Mayor Pro Tea Brock stated that no annexation. This was from the Coun f owner i p the staff this anticipating future development. There might people in this area who would benefit but benefit depended on each person's private plan. The proposal was not initiated by a property owner. Opaskey asked the Mayor to have Council Member Cott explain his remark about what happened in Europe as he did not like that type of remark. E.. Council Member Cott replied that like it or not, he had made the remark. Mayor Castleberry asked opaskey to continue with his presentation. i Opaskey stated that he wanted the Council to see the residents ' point of view and was not belligerent to the council. Cathy Opaskey stated that the residents were trying to make a point sF.,; R that it was not only taxes or services that they may or may not get i but that they were not a part of Montecito del Sur and were not a part of Forrestridge. Their homes were not that size and they bought their property to be in the country. The area had a totally different lifestyle and annexation would change their lifestyle. j i City of Denton City Council Minutes October 4, 1994 ' t7nT Page 17 r~ c46 Melba Gene Ryan stated that she had lived in the area for 29 years an' asked not be annexed. Currently the property was zoned agricultural. They had a ranch across the road and five acres were used for large bales of hay. Those five acres were cut off from the rest. of their property when they gave a right-of-way for Ryan Road. { Ron Cra mover stated that he had a concern as he had moved to the country and the City had grown out to them. In the middle of the property was a lake which had a flowage problem since improvements were made to the Montecito Lake. There were three families in a different setting than the eight families across the lake in a small subdivision. Those families had some City services. There were two businesses in the area which might be affected by this decision. He was a large animal veterinarian and it was important ? for him to be able to bring in animals during the course of his work. He was concerned about the ordinance which regulated the number of animals per square feet, the number of animals, etc. Part of the 68 acre tract was affected severally and part was not affected at all. If the property was annexed, the residents would need to know the restrictions on the businesses in the area including his business. Mayor Caitleberry indicated that he had speaker cards from individuals who did not wish to address the Council from Karen Baker, Rosenary Ratliff, Janet and Larry Douglas, and James Yost. r Wayne Ryan ►rtated that he was in opposition to the rules and regulations which this annexation might pose to his property. If annexed, he might have to cease his ranching operations. He asked for Counoilla vote and support to delete this annexation. The Mayor closed the public hearing. C. The Council held a public hearing and considered adoption of an ordinance rezoning a 15.67 acre tract located on the northwest corner of FM 2181 and Hickory Creek Road from Planned Development District (PD114) to Agricultural District (A). (The Planning and Zoning Commission recommended approval 7-0). Frank Robbins, Executive Director for Planning and Development, stated that this was a rezoning from a planned development district. The planned development was for a telavangelism facility which would not occur. The land owner was requesting to revert the zoning to agricultural development. This was the third zoning on this tract. The Mayor opened the public hearing. City of Denton City Council Minutes Crt!^r+0 q wo October 4, 1994 IMF Page 18 Iu, Karen Mitchell stated that she was representing the ministries and would answer any questions. No one spoke in opposition. The Mayor closed the public hearing. Mayor Pro Ten Brock asked if the ministries were still owners of the property but no longer planned to develop the property. Robbins stated that he assumed that that was the case. There was a planned development detailed plan approved to build a facility. The following ordinance was considered: ' NO. 94-184 I + AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT DISTRICT 114 (PD-114) TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 15.67 ACRE TRACT LOCATED ON THE NORTHWEST CORNER OF F.M. 2181 AND HICKORY CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Cott seconded to adopt the ordinance. On roll j' vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance rezoning a 0.3825 acre tract located on the east side of Woodrow Lane approximately 510 feet south of McKinney 1 Street from Multi-family Dwelling District (MF-1) to Office Conditioned District (0(o)(. (The Planning and Zoning Commission recommended approval 7-0) Z-94-022 Frank Robbins, Executive Director for Planning and Development, stated that this was conditioned zoning for this property. There f was a 5,100 square foot limitation on the district related to the existing intensity. There would be no increase in intensity trips with the zoning. There was a two story height limit and additional ` landscaping set backs for the property. This was the first minor plat which staff could approve and had been reviewed by the Development Review Committee. With the approved change, the ' standards for faro hydrant spacing were changed. The Mayor opened the public hearing. r -.ad F1 1 City of Denton City Council Minutes October 4, 1994 Page 19 9 f b~ Tom Whitlock, property owner, stated that he wanted to build an office on the property. He had accepted all of the conditions placed on the proposal. He felt that the area needed to be developed and he would place an office on the property. ` No one spoke in opposition. t The Mayor closed the public hearing. { The following ordinance was considered: !E NO. 94-185 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE ONS (O( c)) ZONING DWELLING DISTRICT DISTRICT N AND CLASSIFICATION WITH CONDITIONS USE DESIGNATION FOR A 0.3825 ACRE TRACT OF LAND LOCATED ON WOODROW LANE APPROXIMATELY 510 FEET SOUTH OF EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered a variance to Section 34-114(17) of the Subdivision and Land Development Regulations for Lot If Block At of the Fred Hill Addition. The 1.781 acre site was located on the south side of Hickory Street at Bradshaw Street. (The Planning and zoning commission recommended denial 5-0). Frank Robbins, Executive Director for Planning and Development, stated that this variance was associated with platting. The Planning and Zoning Commission recommended denial with separate recommendations. The plat was approved in 1984 but for unknown reasons, it was not recorded. When the plat was approved, sidewalks would not have been required on the south side of Hickory. At one time, staff considered applying the rules applicable in 1984 but found that this was legally inappropriate. The Planning and Zoning Commission did not believe that the variance request met the standards associated with the area of uniqueness. There was no unique situation associated with the topography or the way the sidewalks normally would be built or a condition uncommon to this area as to other locations. Council Member Smith asked that the fact that it was not known what happened to the original plat not be an unusual circumstance which would have some bearing on the case. She also asked why the 1984 9 (S ICY 1] F 1 City of Denton City Council Minutes 190d2A'0 Val October 4, 1994 Page 20 AG; a,t3, 20 rules would not apply. Robbins stated that a variance standard applied to a physical feature. Council Member Smith stated that there was nothing which applied to situational circumstances. Robbins stated that staff attempted to take that into account and j i that information formed the basis of an initial administrative staff recommendation to not require sidewalks. it was found that ; that was legally inappropriate without a variance procedure. The variance language did not deal with a situational issue but rather addressed the physical characteristics as related to the required improvement. Council Member Smith asked why the 1984 rules would not apply. Robbins stated that at one point, staff was working not on a variance but rather a finding that it would be grandfathered. That was not legally appropriate. The variance procedure had to be used and Council could use its best judgement on what was a unique situation. Fred Hill stated that this situation came about as a result of his not checking on the details. In 1983 he received approval of the plat and planned to build shop on the site. In the process of not building that shop, he did not follow up on the platting. He had j paid all the necessary fees and had gone before the Zoning I Committee and felt that everything had been completed. Upon checking several months ago, he found that the process had not been completed. Currently he could not get the same value for the property as what he paid for it. To develop sidewalks would further depreciate the value and investment in the property. He requested that Council give the request favorable consideration. Greg Edwards stated that he represented Mr. Hill in 1984. The Development Review Committee had been very helpful in trying to resolve this situation. His research on this issue indicated that someone in the City did not file the plat. At that time, the ' Planning and Zoning Commission would not review the plan until all copies had been signed. Mr. Hill had done everything the City had asked but he did not check to make sure the City did all they were to do. Council Member Perry stated that no one had a copy of the plat or a record of the plat. Owl s,7;+~ tdo -Q City of Denton City Council Minutes October 4, 1994 Page 21 L : - Q.C4 r' Zt L `7 Edwards stated that that was correct. In 1984 the company was j known as Fields, Edwards and Associates. Mr. Fields sold the business to Metroplex Engineering. The company grew larger and had a large number of employees in the mid-1980fs. As the economy went down and the number of employees reduced, records were taken to separate areas and many were stored in a miniware house, damaged or thrown out. There were no records on this particular file. i Cott motioned. Smith seconded to permit the variance. ~ City Attorney Drayovitch stated that the uniqueness of the variance did have reference to the actual condition of the property and this being the case, it council desired to visit about this matter and receive some legal advise at a different time, she would be happy to meet with Council. f Mayor Castleberry stated that that discussion would not be in open session* city Attorney Drayovitch replied correct. The rules for variances of subdivision ordinances required that the applicant for a variance demonstrate the existence of five specific criteria in order to qualify for obtaining the variance. It was a unique situation that the plat was not filed. However, the subdivision ordinances when they referenced unique, referred to a feature of the property and not an act. Council Member Cott asked for the proper language in order to grant the variance. City Attorney Drayovitch stated that if Council would like to defer the issue to the next meeting, staff could research the situation further. { I Cott withdrew his motion and Smith withdrew her second. Cott notioned, Brock motioned to postpone the issue until the October 18th Council meeting. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". ; Motion carried unanimously. Edwards suggested that staff might consider extending the preliminary plat and approve the plat based on the 1984 preliminary plat. Generally to extend a plat it had to be within two years, but that did not prohibit the City from extending a plat past that time. It was his understanding that the City could extend a plat up to 10 years. This might be an alternate avenue to grant the sidewalk variance. i i I City of Denton City Council Minutes b;a _ October 4, 1994 -1~`ZQ ~q Page 22 q 8. Consent Agenda j Smith motioned, Perry seconded to approve the Consent Agenda as 1 presented. On roll vote, Brock "aye", Cott, "aye'', Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. P.O. 147824 - Rain for Rent - Pumps, pipes and fittings 9. Ordinances A. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance w with the provisions of state law exempting such purchases from requirements of competitive bide. (4.A.1. P.O. 147824) The following ordinance was considered: NO. 94-186 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE f orbit AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor j Castleberry "aye". Motion carried unanimously. ij B. The Council considered adoption of an ordinance approving ' guidelines for operation of the city of Denton Homeowner Rehabilitation Program and eligibility criteria and authorizing expenditures in excess of ~ $15,000 for projects meeting program guidelines and criteria. Nanoy Baker, Housing Rehabilitation Specialist, stated that there was a State statute which required City expenditures for projects and purchases in excess of $15,000 to be authorized by the City ' Council. Rehabilitation projects were approved by Council in the 1994 Final Statement. Guidelines for homeowner rehabilitation programs delineate eligibility criteria for both client selection and project expenditures. Approval of this ordinance would provide the Community Development office with compliance with the State , SKI 1 AandaNo. ACr-Q?~ j City of Denton city council minutes A~ ~;tl<31i m October 4, 1994 Page 23 Dai3 r/Q`p u Z3 b/2 statute. The following ordinance was considered! NO. 94-187 'E OF THE COUNCIL OF THE OF UIDELINES TFOR OPERATION OFITHE CITY OFD DENTON AN ORVINGN G APPRO HOMEowNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA] AZPROGRAM EGNU DEL NESII,ND CRITERIA ;$ANDOPROVIDING 0 AN } MEETING EFFECTIVE DATE. adoptt ordinanc roll perry motioned, Smith seconded to " Perry "aye"e~and Mayor votei Brock "aya", Cott, "aye", Smith aye Castleberry "aye". Motion carried unanimously. C, The Council considered adoption of an ordinance approving of Denton Optional guidelines for operation of the City Reconstruction Program and eligibility criteria and authorizing e enditures in excess of $15,000 for projects meeting p ogin guuIdelines and criteria. stated that this Rehabilitation Specialist, Nancy Baker, Housing ram which the City was approval for the optional reconstruction prog had just added to its services. There were now funds available to. demolish and reconstruct a structure. This would put the city in compliance with the State statute. The following ordinance was considered: NO. 94-188 AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTONt TEXAS* DENTON APPROVING OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; FOR AN OF , AUTHORIZING EXXPEGNDITURE GUIDELINES ~NDXCRITERIAi$ANDDPROV FOR i KEE'pIN3 PROGRAM EFFECTIVE DATE. roll Smith motioned, Perry soconded to adopt „the rry „ape e. O Mayor and Castleberry " " "aye" Smith "aye", vote, Brock aye"•C Motion carried unanimously. f The council considered Company) providing new rate schedules for Texas providing conditions under which such an etleative date thbeerschanged, modified, amended, or withdrawn; rate schedules may ~ r. , City of Denton City Council Minutes A''~~i18 f !t October 4, 1994 Page 24 "7y I finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; and declaring an i emergency. Bob Nelson, Executive Director for Utilities, stated that in June, Texas Utilities had filed for four rate increases. On July 5, Council suspended that rate increase pending the Pubic Utilities Commissionfs review. The Public Utilities Commission had not made a ruling at this time and the 90 day suspension was over. Staff ` was recommending that the Council approve the rates to the extent that the Public Utilities Commission approved such rates. This procedure was in keeping with all other Texas Utility rate ~I r increases. The following ordinance was considered: NO. 94-184 AN ORDINANCE APPROVING NEW RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE j CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND DECLARING AN EMERGENCY. Brock motioned, Cott seconded to adopt the ordinance. on roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance accepting i the dedication from James D. Lynch and wife, Joyce Lynch of Lots 6, 78 6, and 9, Block G, of Avondale Addition, section Three in the j Cit of Denton Denton County, Texas for public park purposes li sMect to conditions regarding delinquent ad valorem taxes. (The Planning and Zoning Commission and the Parks and Recreation Board recommended approval.) Micki Oland, Park Planning Coordinator, stated that the Parka and Recreation Board had recommend approval to allow the City to accept the dedication of 1.6 acres to be used for park purposes adjacent to Avondale Park. The property consisted of four lots in the 100 year flood plain. There was $7,000 outstanding taxes due on the property, $2,000 of which were City taxes. The owners were willing to dedicate the property to the City and take a personal judgement for the County and DISD taxes. In accepting the dedication, the City would agree to not pursue its portion of the taxes. The dedication would provide the Parke Department additional access I Ag2ndaPlo_ au-QLIL City of Denton City Council Minutes Aat,'u E,dIT October 4, 1994 'Al Page 25 ZS~6Z from Churchill and open space for the park. If approved, this would be the second dedication since the 1989 park dedication requirement. t Council Member Perry stated that there was a flood way through that area. In order to get from one part to the other, the flood way would have to be crossed. He asked what the Parks Department was i planning to do about that situation. Oland stated that a low water crossing would have to be installed to get across. Funding would not allow the City to span the 100 year flood plain. Mayor Castleberry asked the City Attorney if there was any possible recourse for the other taxes from the DISD and County. If the property was accepted, could the DISD and County sue the City for the taxes. City Attorney Drayovitch stated that that was a technical possibility. The following ordinance was considered: E N0. 94-190 AN ORDINANCE ACCEPTING THE DEDICATION FROM JAMES D. LYNCH AND WIFE, JOYCE LYNCH OF LOTS 6, 70 8, AND 9, BLACK G, OF AVONDALE ADDITION, SECTION THREE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS FOR PUBLIC PARK PURPOSES SUBJECT TO CONDITIONS REGARDING { DELINQUENT AD VALOREM TAXES; AND DECLARING AN EFFECTIVE DATE. i Brook' motioned, Smith seconded to adopt the ordinance. On roll vote, Brock Nays", Cott, 'aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Resolutions A. The Council considered approval of a resolution re- adopting the Denton Development Plan. (The Planning and Zoning Commission recommended approval.) Harry Persuad, Senior Planner, stated that this plan had last been C • approved by Council on September 1988. Since then, staff, Planning and Zoning and Council had been using the plan for daily use in zoning decisions. The plan provided for a three step update procedure and had been amended thirteen times over the years. There was an annual procedure to reconfirm that this was thu master plan to be used for zoning decisions and land use. Approval of the E f 1 agcr,~3te City of Denton City Council Minutes lb: October 4, 1994 9Ocgo er .c 96 62 proposed resolution would reconfirm that the plan was the policy for the City for the next year. It also pointed out that the visions Project would be used for the major update. The following resolution was considered: NO. R94-059 A RESOLUTION RE-ADOPTING THE DENTON DEVELOPMENT PLAN) AND PROVIDING FOR AN EFFECTIVE DATE. Brook motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Smith "aye", Perry "aye", and Mayor j Castleberry Pays". Motion carried unanimously. 1 11,, The Council considered a nomination to the Human services i Committee. Council Member. Perry nominated Larry Nicholson to the Human Services Committee. 12. Vision Update 21 r ~ ! Mayor Pro Ten Brock stated that the Cabinet not earlier in the day to make final plans for the Impact Group presentations which would begin this Thursday. These would be reports to the community and vas also a chance to receive public input on the issues. The ' Cabinet would be holding a retreat on November 11-12 to review all issues. 13. Miscellaneous matters from the City Manager. } A. The City had received a notice that north bound I35E would be closed between 7:00 a.m. - ltoo p.m* for installing of bridge beams on Teasley Lane. 14. There was no official action taken on Closed Meeting items discussed during the Work Session. 'a 15. New Business i The following items of New Business were suggested by Council Members for future agendas: w A. Mayor Pro Tom Brock suggested scheduling a discussion on how the Council agendas were made. In looking over the Council's new rules of procedure, there was a need to do further clarifying. she was not clear on how an item was placed on an agenda and what was the role of the Agenda Committee. Did the Agenda Committee - << zendaNo~ City of Denton City council Minutes October 41 1994 2 . page 27 shuffle items around on the agenda or did it determine merely what the second role, she would like would be on the agenda. If it had di membership fairly frequently to the Council to consider rotating sake the process fairer to individual council members. consider a Mayor Castleberry suggested that tCouncil he Fire Department B. 1 resolution or a letter from CounoiithairL~wo days of fires. He and the Chief for their efforts during erve group of fire also asked about the establishment of a rag fighters. Meeting during the Regular Closed The Counai]. did not hold a `i session. 1 with no further business, the meeting was adjourned at 10115 P.m- ' J B CAST-Elf, YOR CITY or DMMN TEXAS A t ERB JENMIF CITY SECRETARY' i CITY OF DLM N# TEXAS ( ,r ACCOOa17 J ` JI ' t 1 I Y i I h Agovako CITY OF DENTON CITY COUNCIL MINUTE"d3it0,a& October 18, 1994 DWO a~ The Council convened into a Closed Meeting on Tuesday, 0 r 18, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENTS Mayor Castleberry; Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None i 1. The Council considered the following in a Closed'Meetings A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 E 1. Considered action in Dawson vs, City of Denton, 2. Received a legal opinion concerning the City of Denton's provision of fiber optics service. B. Real Estate Under TEX. GOVOT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sea. 551.074 .t 1. Considered appointment of an Acting City Attorney. The Council convened into the Work Session on Tuesday, October 18, 1994 at 6s00 p.m. in the City Counoil Chambers. PRESENT: Mayor Castleberry] Mayor Pro Tom Brock; Council Members f Chew, Cott, Perry, Miller and Smith. q' ABSENTS None 1. The Council received a report, held a discussion,. and gave ;i staff direction regarding funding for Eureka Playground at South Lakes Park. Micki Oland, Park Planner, reviewed the funding for the project. The total cost of the project was $185,000, the City had provided $35,000, which left a balance of $1500000 that the community would need to raise. As of this time, the community had raised $134,000 leaving $16,000 left to be raised. The Parks and Recreation Department had been working with Friends of South Lakes Park and c.! developed a fall back position which would allow additional funds to be allocated for the playground. The proposal would allow Park Division crews. to install the northern playground and the money which would have boon spent for that construction would be used on the Eurekal playground. It was felt that this would be a win-win ` situation. The Friends of South Lakes Park felt that this proposal ` might not be necessary to use. lI ~I 1 I' i 1 i City of Denton City Council Minutes October 18, 1994 °rudb QL~~ G'L~ Page 2 14 S Loyce Wilson, Parks and Recreation Board stated that she was also a co-coordinator for Eureka! Playground. The Committee up y. of 35 members representing all areas of Dent nas Cou made Presentations nt had been made to many organizations regarding the ~ ~II playground. The fund raisers had been very successful and they were within $16,000 of their goal. They were asking to not have city. staff install the northern la continue to raise their funds. It was felt that they yh had wanted to covered all costs but would like the city to remain receptive to provide funding for the project if it should be necessary. Mayor Castleberry indicated that at the request of the Committee the City would delay the proposal until a future date. 4 t Consensus of the Council was to delay consideration until a further date. 20 The council received a report, held a discussion and gave staff direction regarding solicitation from City of Denton streets. City Manager Harrell indicated that per draft solicitation ordinance wasthreturned l forirCouncii consideration. He felt that it would be helpful if the Council would indicate any changes or refinements it would like to see made to this proposed ordinance and after that, if Council desired to proceed with a public hearing, staff would like to know a tentative E date for that hearing. City Attorney Drayovitch stated that staff had updated the legal research since the last time this item had been considered. Section I of the proposed ordinance indicated a prohibition for anyone to solicit charitable contributions unless a permit had been received from the Chief of Police or his designee. That was based on a State statute which prohibited solicitation in the roadway unless it was for a charitable solicitation that a City had exempted. Thor ware some concerns about this statute regarding a possible challenge due to the l+rohibiting of commercial sales from the stmts. Council Member Cott stated that the Council had been informed that k thetherChiee might were personal refuse ta under in ividual pursue . =a suit against the Council personally. Mike Bucok, Assistant City Attorney, stated that one suggestion made in the materials supplied to council was that there needed to be some appeal route from the Police Chief to some other entity. Staff's recommendation was that an appeal come to the City Council. i i r. tcvaAlo, '{?L City of Denton City Council Minutes October 18 1994 U?i3 Page 3 - 30~62 The liability issue stated that whoever was the last person to deny when entitled to con ept tof personaleliability versus itllcould be sued. discussed in Executive Session. li ty should The t City Attorney Drayovitch stated that the second provision in the ordinance discussed the filing of the application with the Chief of Police to obtain the permit to solicit and what tha application would contain. There were some items which were referred to in i that section which various courts had struck down, provided for a statement disclosing each convictions ofs a tcrime I amounting to a felony or misdemeanor involving dishonesty or moral turpitude. That had been struck down by the 5th Circuit Court and by the Northern District court of Texas. E which indicated that an applicant needed to sign an Paffidavit stating that at least 75; of the monies collected by the charitable ~ solicitation would be used for the direct benefit of the stated ' purpose or purposes of the solicitation was a thoughtful and well intended provision, It was intended to protect the to people who solicited without the highest goals in mind and where a high percentage of that money never ended u xpayers t om whom the solicitation was conducted. The hesureme Court of lping the people he ' for United states had twice addressed this issue and had held that this was an infringement upon the First Amendment right to free speech provision. Mayor Pro Tom Brock stated that it was not necessary to put "permit Issued by the Chief of Police or his designee" in the ordinance. City Attorney Drayovitch stated that that was because there was general provision at the beginnin provided of t a g he that w he o ha of ordinances never the Code referred to an officer of theCity~ such as the designated re Cit p that hat term 0all also individual officer, include the Council Member Killer asked if any State law or city ordinance had been challenged since the change in the law in 1989. Bucek replied that they have not seen a wri law had been challenged, tten opinion where any City Attorney Drayovitch stated that provision 7 was also a point of concern. Subsection 8 was a hold harmless and indemtiification agreement and an insurance Northern District of Texas# thec Fifth hCir uit Seventh cast well as other District Federal courts had invalidated provisions requiring insurance or bonds as it constituted a prior Amendment speech. There was no specific court de isiont regarding I ~,4 r , e I ..SSW City of Denton City Council Minutes October 18, 1994 q j; G ,.f ^7 Page 4 3~0~ ~2 4 the validity of a hold harmless agreement. Bucek stated that the insurance clause was involved with the indemnification clause and the Court took it as a whole and indicated that that was prior restraint. It did not break out the two although the focus of the case was on insurance. City Attorney Drayovitch stated that the next subsection referred to the establishment of a fee to obtain the permit. Again the Fifth Circuit Court of Appeals struck down and invalidated a Dallas I ordinance fee of $6 per day and held it unconstitutional. Staff expressed a concern with regards to that provision. Subsection G did not have a specific case addressing this type of provision. Staff had articulated a concern because this would allow solicitation during traffic a solicitation attck if someone rush were hours injured of subject to Bucek stated that there had been a recent came in the Seventh l Circuit where a daylight provision bad been upheld. Council Member toe read solicitation only during l dahad asked ylight hours,~end the ordinance City Attorney Drayovitch stated that the final concern dealt with the solicitation by individuals under 18 years of age. It had been proposed to put the age limit at 14 years old. The con..-ern was that 4 all an argument which would r be articulatedrivileges and that might Sucek stated a concern which had been raised was allowing City employees while on duty and while in uniform to solicit which might be a violation of the State statute. In the case of the fire fighters, they could wear clothing identifying them as a fire fighter because they were certified by the State of Texas but could not wear clothing identifying them as a City of Denton employee. It someone were in uniform and on duty and were injured while soliciting on the streets, then the City would '%ave to pay w•orkerfs y comppiiensation. if a City employee went out into the street for a the e City's miss that City responsibility. and hit al itd would r be swerved another car, Council Member stated that t later ordinance were approved, what would be the procedure cancel that ordinance. could did not reuire a Bucak stated that this type ordinance ordinance happen rather hearing and repealing the quickly. i e City of Denton City Council Minutes ~,i` October 18, 1994~/f Page 5 3 s~i._QLZ Council Member Miller questioned the tax exempt status and whether that would be a constitutional question or one dealing with content neutral. If an ordinance were written to allow a charitable organization to solicit, would there be a problem leaving that section in to demonstrate what the charitable organisation was. Bucek stated that there could be "freedom of speech" organizations which were "for profit". There might be charitable organisations which were also "for profit". The definition of what was "for profit" varied from state to state. Under the state statute, all ' charitable groups had to be treated the same. Council Member Miller asked if when the State statute allowed for charitable organizations, was it allowing "for profit" charitable organizations as well as for "non-profit" organizations. Bucek replied that if it were constitutional, it was. Council Member Miller stated that his understanding of the State statute was to allow ordinances which would allow charitable non- profit organizations to solicit. He had a problem if the intent of the law was to also allow for profit organizations to solicit. Bucek stated that that law was very narrow and only indicated charitable organizations. It did not use any terms to define profit or non-profit. } Council Member Miller asked if the City could have an interpretation from the Attorney General' 9.0ffice as to what the intent waa of that law. He felt that the proposed ordinance would be for a non-profit organization as opposed to a for-profit ! organization. Bucek replied that since this was not an open records request to I the Attorney General, there was only a certain select group of { State officials who could request an Attorney General's opinion. I Council Member Miller asked if that type of provision was in any other oityPs ordinance. He felt that there needed to be a definition of what was a charitable organization. City Attorney Drayovitch stated that it would be a good idea to have an Attorney General's opinion as the concern had been 1 articulated before. E Council Member Smith asked if the ordinance could be limited to charitable organizations or would it have to include commsrcial groups as well. i e.~++yr 1 f II i City of Denton City Council Minutes ~eadaNo. • October 18, 1994 Page 6 og 62, Bucek stated that there were certain court cases which indicated that commercial speech was not as protected to the degree of non- commercial speech. Mayor Castleberry indicated that he had two speaker cards on this item but indicated "tiat the rules of the work session did not allow for speakers at tha_ session. Miller motioned, Chew seconded to redraft the ordinance on the basis that it would be for charitable organizations and the other { provisions which would be constitutionally valid and request an opinion from the Attorney General's office as to his interpretation of charitable organizations. When the ordinance was completed, the Agenda Committee would determine whether to place the ordinance on an upcoming work session or schedule it for a public hearing. on roil vote, Brock "aye", Cott flays", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. 3. The Council received a report and held a discussion regarding the status of Corbin Road. F s Due to a time constraint, this item was discussed during the Regular Session under Miscellaneous Matters from the City Manager. 44 The Council received a report and held a discussion regarding d the 1994-96 Workforce Diversity Plan. Due to a time constraint, this item was discussed during the Regular Session under Miscellaneous Matters from the City Manager. ' The Council convened into the Regular Meeting on Tuesday, October 18, 1994 at 7:00 p.m. in the Council Chambers. a PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 10 Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the August 23, 1994 and August 30, 1994 City Council meetings. a 1 elm, ACNN City of Denton city council Minutes ~y11 14-0 G / October 18, 1994 A~Giiual(~ru Page 7 Q7i3_ 2~ZG'qu i 341o$6z Brock motioned, Smith seconded to approve the minutes as nte, R On roll vote, Brock "aye", Cott "aye", Miller "a e" pres"aye" Perry "aye", and Mayor Castleberry "aye" Y Smith unanimously. Motion carried Mayor Castleberry presented the following proclamations$ National Physical Therapy Month Domestic Violer a Awareness Month t 3• Citizen Reports A The Council received a citizen report from Dessie Goodson regarding various issues concerning the city. Ms. Goodson stated that the Council resembled a puzzle and a yo-yo. Ae a concerned citizen she questioned the Councils ability to see, to hear the community0s concerns to reopen the downtown fire station and to hire more fire fighters. The community was very grateful for the work of the lire fighters but more money was there and she asked whthe council waswrefusingeto use it. She asked the Council to take a stand and do what was best for the community. She asked why the Council felt it was necess to shift their responsibilities to a citizen co , asked how man ittee on th y more lives or a lifetime of of work had to be test before the Council received the message that more fire fighters were needed. 4. Public Hearings A. The Council held a ublic and considered a variance to Section 34-124 of the Code ofeOrdinan es pertaining to drainage improvements for New Place Addition. This 2.616 acre tract was located at the end of wisteria north of Willowood. (The Planning and Zoning Commission recommended approval, 5-0). Frank Robbins, Executive Director for Planning and Development, stated that this was a variance request to the requirement to build k an underground drainage system. In this particular subdivision, a drainage system, according to the standards, would have been required in this area. ~i that this was a uni The Planning and Zoning Commission felt was not this waa que situation in which the underground drainage necessary because of the topography of the drainage area. There was an associated plat on the Consent Agenda which would + grant an easement for the 100 year flood in the area. The natural drainage of the area would carry the 100 year storm. If the variance was not approved, the plat should not be considered. , A~q-041 City of Denton City Council Minutes October 18, 1994 R'i3--qU Page 8 3s'ob6 Z The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. !I ' I The Mayor closed the public hearing. Council Member Cott asked about the slope of the drainage. Robbins replied that it was not a steep slope. Mayor Pro Tom Brock asked for a definition of the 100 year storm. Robbins replied that it was a statistically calculated and moving average of a storm which had a statistical probability of occurring It in one year. The City had not come close to a 100 year storm based on those calculations. Brock motioned, Cott seconded to grant the variance. on roll vote, Brock "aye"Cott "aye", Miller "aye", Smith "aye", Chew "aye", Ptytyanim aye", and Mayor Castleberry "ayeMotion carried n u ously. 56 The Council considered a variance to Section 34-114(17) of the Subdivision and Land Development Regulations for Lot 1, Block :Y I, of the Fred Hill Addition. The 2.781 acre site was located on the south side of Hickory Street at Bradshaw Street. (The Planning l and Zoning Covalesion recommended denial 5-0). { Chew motioned, Perry seconded to postpone the discussion of this item to the October 25th meeting. Mayor Castleberry indicated that Mr. Hill and Mr. Edwards were not p able to attend this meeting. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", j Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion married unanimously. 6. Consent Agenda r 4 Perry motioned, Chew seconded to approve the Consent Agenda as presented. k on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith aye , Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 1 City of Denton City Council Minutes October 18, 1994 AtiCgddfdo. L{-Q Page 9 2~! 1 _ 3~ _4 I A. Bids and Purchase orders: ~ 1. Bid 0 1649 - Police Uniforms 2. Bid 0 1673 - Airport Runway Extension 3. RFP # 1670 - Historic Inventory of Denton B.. Payments $ 1. Texas Natural Resource Conservation Commission 1 C. Plats and Replats 1. Preliminary plat of the New Place Addition. The 2.616 acre site was located at the end of Wisteria north of Willowood. (The Planning and Zoning Commission recommended approval, 5-0). , 7. Ordinances i l The Council considered the Consent Agenda Ordinances 7A.-7D. 1 Smith motioned, Perry seconded to adopt Consent Agenda Ordinances : 0i lA-7D. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Notion carried unanimously. A. NO, 91-191 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES1 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, (6.A.1. -Bid / 1649) i a, NO. 94-192 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.2. -Bid # 1673) C. NO. 94-193 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES= PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.3. - RFP lk_ #1670) f c a r1`-AMP r City of Denton City Council Minutes ~V„Lj,aV d~C~~ October 18, 1994 L Page 10 37c%bz D. NO. 94-194 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR FEES FOR THE PAYMENT OF TAXES OR APPLICATION OR LICENSES OR RENEWAL OF LICENSES REQUIRED BY THE STATE OF TEXAS OR THE UNITED STATES OF AMERICA OR ANY AGENCY THEREOF; AND PROVIDING AN EFFECTIVE DATE. (6.8.1.) t E. The Council considered adoption of an ordinance creating 1 Article VI of Chapter 16 of the Code of Ordinances establishing requirements for movie permits; and establishing Sections 16-180, 16-181, 16-182, 16-183, 16-184, 16-185, 16-186 and 16-187 therein contained; adding definitions and permitting requirements applicable to filming in a public place; and providing for a penalty in the maximum amount of $500 for violations thereof. Linda Ratliff, Economic Development Coordinator, stated that this ordinance was prepared to eatablish procedures for film production in Denton. The ordinance also streamlined the street closing process when movie related. Council had discussed the proposed ordinance at a prior work session. The change in the street closing procedure would still require the production company to ' provide a barricade plan, to coordinate traffic safety with the Police Department and to obtain signatures from the property owners. But instead of having the Council provide formal approval, < the City Manager's office would contact tha Council Members and if { + a concern was expressed by one of the Members regarding the street closing, the item would be placed on an agenda. - otherwise, the } City Manager would approve the closing. The ordinance required i that a film production company receive a film permit at no charge. It also required the company to carry liability insurance in the amount of $1 million and allowed the City Manager to deny a permit and if so denied, allowed for an appeal to the Council. The City Manager could appoint a film coordinator as the City's contact person for film projects who would be responsible to contact the Chamber of Commerce and any City departments which might be affected or whose assistance might be required. Council Member Cott asked if staff had discussed the insurance requirement with the Risk Manager. Ratliff replied that she had discussed the insurance provision with the Risk Manager. There was a provision that if the company used explosives or anything dangerous, they might be required to have additional insurance. 1 Ali aLJly tl~ City of Denton city council minutes October 18, 1994 3$ Z Page 11 O Council Member Perry wanted to make sure that the noise ordinance would still apply. Ratliff replied correct that it would still apply. The following ordinance was consideredt NO. 94-195 i AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING ARTICLE VI OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ESTABLISHING REQUIREMENTS FOR MOVIE PERMITS; AND ESTABLISHING SECTIONS 16-180, 16-181, 16-182, 16-183, 16-184f 16-185, 16-186 AND 16-187 THEREIN CONTAINED; ADDING DEFINITIONS AND PERMITTING REQUIREMENTS APPLICABLE TO FILMING IN A PUBLIC PLACE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF AND DECLARING AN EFFECTIVE DATE.DING A I Brock motioned Cott seconded to adopt the ordinance. on roll { vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew !y i "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Fe The Council considered adoption of an ordinance approving a contract providing for the exchange of certain real estate owned by the City of Denton and Tom Fouts. Bob Nelson, Executive Director for Utilities, stated that this item vat for an exchange of approximately 27 acres which the City owned on the northwest corner of the water Treatment Plant off of Spencer Road in exchange for approximately 10 acres of property on the west side of the existing Electric Distribution Department's supply storage area. The city had determined that this property was no longer essential to the continued operation of the utility system and had advertised for an exchange of equal value property in the general area. A proposal had been submitted to the City for the exchange of the mentioned property plus $10,000. An appraisal had been done of the properties with the City's property being appraised at $84,107 'and the exchange property at $740700. The proposal had been made by Torreno Realty and the Public Utilities Board recommended approval. City Attorney Drayovitch stated that it had been brought to her attention that two of the minimum requirements for the bid speoifications had not been submitted by the bidder. 'Those two { were certification that the tract was free from liens, encumbrances and taxes and certificate of title of proof of ownership. She 4 c^c~rr0 Ol!/ City of Denton city council minutes October 18, 1994 Page 12 D /i w •f suggested that the ordinance be amended by adding a provision to Section 2 indicating that the City Attorney would have to find that all minimum bid specifications had been complied with. understood that some of those items had been furnished after this meeting had started. As there was only one bidder, she felt that the Council could successfully waive this irregularity. The following ordinance was considered: NO. 94-196 AM ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT PROVIDING FOR THE EXCHANGE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON AND TOM FOUTS; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance providing the City Attorney could verify that all minimum bid requirements were complied with. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance appointing Jim Harder and Jim Thune to act as the Designated Representative and Alternate Designated Representative, respectively, for the City of Denton, in order to effectuate the requiremonts.of federal regulations relating to acid rain under the 1990 amendments to the Federal Clear Air Act. Bob Nelson, Executive Director for Utilities, stated that part of the Clean Air Act required the City to designate a representative ' to legally bind the City to the actions provided for in the Act. There were some Very stringent and legal requirements bound to this " representative. ;j Council Member Cott asked what relationship the Public Utilities Board would hrvs with the two representatives. Nelson stated that the two individuals would be responsible to carry out the Act as it applied to the City of Denton. They would be bringing forth to the Council through the Public Utilities Board any budgetary issues. The following ordinance was considered: I t { i . City of Denton city council Minutes JAP 9 ' October Is, 1994 ~aoL7 Page 13 _ O- y _ 40 N0, 94-197 AN ORDINANCE OF THE CITY OF DENTON? TEXAS, APPOINTING JIM HARDER AND JIM THUNE TO ACT AS THE DESIGNATED REPRESENTATIVE AND ALTERNATE DESIGNATED REPRESENTATIVE, RESPECTIVELY, FOR THE CITY OF DENTON, TEXAS, IN ORDER TO EFFECTUATE THE REQUIREMENTS OF FEDERAL REGULATIONS RELATING TO ACID RAIN UNDER THE 1990 AMENDMENTS TO THE FEDERAL CLEAN AIR ACT; AUTHORIZING THE CITY 1 MANAGER TO EXECUTE THE ATTACHED INDEMNIFICATION AGREEMENT LABELLED AS EXHIBIT A; AND DECLARING AN EFFECTIVE DATE. Cott motioned, Perry seconded to adopt the ordinance. ' On vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", roll Chew "aye", Perry "aye", and Mayor Castleberry "aye". unanimously. Motion crried S. Resolutions A, The Council considered approval of a resolution adopting Policy No. 107-05 "Off Duty Injury or Illness", ! Mary Ann Stout, Human Resources Specialist, stated that Council had reviewed this Pro al al on October 4, 1994. This policy would put s in place procedures or employees who might be unable to work due to an off duty injury or illness for an extended period of time. The following resolution was consideredr NO. R94-060 ` A RESOLUTION ADOPTING POLICY NO. 107.05 "OFF DUTY INJURY OR ILLNESS"; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to approve the resolution, on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye"# Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council considered approval of a resolution adopting Policy No. 109-04 "Reduction In Force". { Tom Klinck , Human Resources Director, stated that the policy would i provide for an objective, fair and relevant reduction in Staff if necessary. There were no plans for any type of reduction at this point in time. Council had reviewed this proposal at its October 4, 1994 meeting. The following resolution was considered: 1 t r i r aN • n~.>a q 1 1 I City of Denton City Council Minutes October 18, 1994 Page 14 A~ar~aa;l S NO. R94-061 4oll b,L A RESOLUTION ADOPTING POLICY NO. 109-04 "REDUCTION IN FORCE"= AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to approve the resolution. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew i "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. M , C. The Council considered approval of a resolution declaring the intent to reimburse expenditures for the landfill expansion project with bond proceeds. Kathy DuBoss, Executive Director for Finance, stated that this resolution indicated the City's intent to reimburse landfill expenditures with bond funds. Recent legislation provided for such oc I prrocedures. This procedure would allow the City to begin the j project and to reimburse the reserve in early 1995. r~ The following resolution was considerede NO. R94-062 a EXPENDITURES REIMBURSE TO DECLARE THE FNTENT TO A RESOLUTION , I FOR THE LANDFILL EXPANSION PROJECT WITH BOND PROCEEDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to approve the resolution. ' Council Member Smith asked if there was any danger in the next few months only having a $40,000 reserve fund. DuBose replied no that the reserve had been set aside and was not a requirement of any bond fund. on roil vote, Brock "aye", Co'.t "aye", Miller "aye", Smith "aye", Chew "aye", Parry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of ' Denton and the County of Denton for.the provision of library services. Eva Poole, Director of Library Services, stated that this year the funds were increased from the County as well as an increase in the matching grant. A stipulation from the County was that a liaison I City of Denton city council minutes qu-G`f f October la, 1994 Mir, 15 N2 6Z be appointed by the City to report to the county Commissioners. i She had been asked to fill that position and that was needed to be included in the motion. The following resolution was considered: NO. R94-063 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE PROVISIONS OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to approve the resolution with the i nsertion of the Director of Library Services as the City liaison. on roll Chew "a " e,erock ""aye", Cott "aye", Miller "aye", Smith "aye", Yer Pry "aye". and Mayor Castleberry "aye". Motion carried unanimously. E. The council considered approval of a resolution acknowledging the service of the Fire Department and other City departments in response to the major fire on the square. The following resolution was considered: NO. R94-064 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACKNOWLEDGING THE SERVICE OF THE FIRE DEPARTMENT AND OTHER CITY DEPARTMMS IN RESPONSE TO THE MAJOR FIRE ON THE SQUARE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tom Brock stated that the date of the fire was September F 22nd and not the 23rd. Non Gold stated that.the fire fighters appreciated the Council's 1.. support but that there was still a need !or more fire fighters. If the Department had been fully staffed, there might not have been the need to send so many fire fighters to the hospital. Mayor Castleberry stated that letters of appreciation had been sent to those cities which provided mutual aid. ' Miller motioned, Smith seconded to approve the resolution. On roll i vote, Brock Nays", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry Pays". Motion carried unanimously. y /+vef nC I City of Denton City Council Minutes MarJ;,h'o -Q October 16, 1994 Page 16 AQ~,,~ t;t~,r 2 Az~ Q3 ove F. The Council considered approval of a resolution appointing Debra A. Drayovitch as part-time municipal judge for the City of Denton Municipal Court of Record; authorizing the Mayor to execute a contract for the terms of employment; and establishing a } term of office for the part-time municipal judge, Mayor Castleberry indicated that the effective date of the contract would be November 1, 1994. Council needed to decide whether the term of the contract would be for one or two years. i City Attorney Drayovitch stated that the State statute provided for appointments for a term of two years. When the Council established the Court of Record, the Municipal Judge was appointed for a two year term and the alternative judges were appointed for one year ! terms. When the alternative judges were due for reappointment, they would be appointed ppointment, for two years so that there would be a staggering of appointments. As she was not in the same employment year as those individuals, she did not quite follow that schedule. Council Member Perry felt that the same standard should be applied I to this position as for the alternate municipal judges and use two years. Council Member Smith asked if the schedule could be changed to coincide with the other judges for two year terms. The following resolution was considered: NO. R94-065 A RESOLUTION. OF THE CITY OF DENTON, TEXAS APPOINTING DEBRA A. DRAXOVITCH AS PART-TIME MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERMS OF EMPLOYMENT; ESTABLISHING A TERM OF ii OFFICE FOR THE PART-TIME MUNICIPAL JUDGE; AND DECLARING AN EFFECTIVE DATE. ; Smith motioned, Miller seconded to approve the resolution with the effective date of the contract being November 1, 1994 and the term of contract to last until August 1, 1996. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 0. The Council considered approval of a resolution appointing an Acting City Attorney. Council Member Cott left the meeting. • i i i i 10relNO 1 City of Denton city council Minutes October 18, 1994 Page 17 i LJL(~ The following resolution was considered: NO. R94-066 ACTING CITY ATTORNEY; ANDY PROVIDING FORTAN EFFECTIVE DATE AN Perry motioned, Brock seconded to appoint !tike Bucek as acting City Attorney with a lot increase of salary until a City Attorney was appointed. On roll vote, Brock "aye", Miller flays", Smith "aye", M Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott returned to the meeting. 9. The Council considered an appointment to the Human Services Committee. Mayor Castleberry indicated that Council Member Perry had nominated Larry Nicholson at the last Council meeting. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I 10. Vision Update f i Ma yor Pro Tom Brock stated that there was one a remaining presentation t impact o be held at r' Ryan High School. The Cabinet a meeting o had wit d had with t he chancellor* of the two universities , a es to lon discuss ~ qq term master plan to coordinate the Vision planning with the planning of the universities. i 21. Miscellaneous matters from the City Manager. Council considered Work Session items not discussed earlier. 3. The council received a report and held a discussion regarding the status of Corbin Road. Rick Svehla, Deputy City Manager, stated that at previous mee ' the Council ti n had discussed the situation on Corbin Road. a problem with the low water crossing where the dry fork of Hickory creek crossed Corbin Road. As indicated this it in the agenda back-up, i em never made the CIP program primarily due to the cost the bridge for the low water crossing. The bridge would be very expensive at a cost of approximately $i million. The creek rose :gory drastically during heavy rains and any type of bridge would be , I i f City of Denton Cis October 18 Y Council Minutes Page 18 1994 Ag3 C3ta 12- .c~ very lengthy. usob Another part of the problem was the use of the road. In March the traffic use was counted for 24 hours for a total of 149 vehicles. Many of those were vehicles comin Tetrapak and other businesses on Air r 9 from Peterbilt, that Corbin Road was Po t Road. I b It further south. Bing used to access Bonnie Brae ar~@ toltravel I furthAn alternate route was a road further to the west, Underwood Road, which would provide access to all of the homes in the area. It would require a detour of 1.1 miles for the most affected homes which were located on Corbin Road. Currently there were eight homes in the area which would be affected. Part of Corbin Road was in the City limits while the eastern the County. Discussions with Commissioner Hill and part Jones, Director of Publio Works, indicated that the County would have a, difficulty closing their portion of the road due to the enabling legislation which was weaker for counties than for cities, to facilitate the closing of the road was to annex the County portion of the road which could be done in any width along Corbin Road as desired by Council. Council Member Cott asked for the cost of the alternatives. Svehla replied that there were lace would not be in the city limits g ere a portions of the system which Road which was already n the city TlimitsaWhichohadoanoasphalt Underwood on it. Council Member Smith asked how much of the road could be annexed. Svehla replied that the City could annex to the low water crossing or go further if desired. Mayor Castleberry stated that if the road i C it it should decided y o 90 to the intersection. to annex the Svehla replied that that would square off the boundaries rather than only go to part of the road. Consensus of the council was to proceed with the necessary work to annex the road. } 40 The Council received a report and held a discussion regardin ' the 1994-96 Workforce Diversity Plan, g Tom Klinck, Human Services Director, stated that the Work Force Diversity Committee had developed a missiont which indicated an willingness to create an orge izati nail atmosphere where Executive Directors, Directors, Managers, and staff were diversified in terms of ethnicity, culture, and gender, yet uniYiod f i i AgarrdaNo - j f City of Denton City Council Minutes Aganda,lan ~ October let 1994 Page 19 U 6 C6 62 in the dedication of providing quality service. Nancy Legler, Human Resource Specialist, presented a summary of which included recruitment at universities and job accomplishments lairs; civil service tutorial and orientation= intern and JTPA • job description review and update; and the adoption of an Work; Force Diversity plan in 1992. There was a total of 14% minority work force available to work in the City with municipal I workers at is% minority and Civil Service at 4%. The Committee recomm recruit at the ended re ties; for 1994-96 examine the feasibility consponsotinuing a local job fair; conduct an employee skills and interest survey; and look at.caaprOgren continue and expand over he h ext two years. reimbursement A. City Manager Harrell reminded the Council of the City's k third annual open house at the civic center on Thursday. 12 . There was no official action taken on Closed Meeting Items i discussed during the Work Session. 13. New. Business The following items of New Business were suggested by Council Members for future agendas: Mayor Pro Toro Brock asked for an update on the city's I street hump policy. 14. The Council did not meet in closed Meeting during the Regular Session. With no further business, the meeting was adjourned at 8s30 p.m. a' t; BDB CASTLEBERRY~ MAYOR CITY OF DENTON, TEXAS l JENNIFER ALTERS ` CITY SECRETARY CITY OF DENTON, TEXAS j A000021D ~I mow. No CITY OF D PTO ber T25 CO NC L MINUTES ~t3 Council convened into the closed Meeting on Tuesday, October 1170162 The 25, 1994 at 5:15 p.m. in the Civil Defense Room. Mayor Pro Tom Brock; Council Members , PRESENT: Mayor Castleberry; Chew, Cott, Perry, Miller and Smith. ABSENT: None in Closed Meeting: rho Council considered the following Legal Matters Under TEX. GOVT CODS Sec. 551.071 A. i Received a legal opinion concerning the City of Denton's provision of fiber optics service. i -on ^at., of Der• 41 2, Considered action in E B, Real Estate Under TEX. GOVT CODE Sec. 551.072 Under TEX. GOVT CODE C. Personnel/Board Appointments j sea. 551.074 ~1,. Received legal advice on the selection of the City I, Attorney. k October 25, ' The Cot 6100 P.M. in the City council SessChambersion on eaday, 1994 at p Castleberry; Mayor Pro Tem Brock; Council Members PRESENTS Mayor Perry, Mailer and Smith. Chewo Cott, , ASSENT: None hol 1, The council receivedtire protect ondaiternativesn and gave staff direction regarding i chew motioned, Perry seconded to defer the item until the 1995-96 budget session. have been that the issue may Council Member Cott but indicated was a need to solve the issue . discussed many times, now and not wait. discuss mber Miller stated that he would just because the Council council Me x`17 and hoped that the issue was not ateltd lhat the Council had not had previously discussed itssible options. Deferring discusssiun fully explored all of the Po on the item was not an appropriate action at this time. Mayor Pro Tom Brock stated that deferring the issue to the noxt budget cycle would be many months away and after the next elect',on. ' ■n,.eaep. G. . ,ago CITY OF DENTON CITY COUNCIL MINUTES t- October 25, 1994 Q1 o.~ The Council convened into the Closed Meeting on Tuesday, October 251 1994 at 5:15 p.m. in the Civil Defense Room. 47~d Z PRESENTS Mayor Castleberry; Mayor Pro Ten Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT= None 1. The Council considered the following in Closed Meetings , A. Legal Matters Under TEX. GOVT CODE See. 551.071 1. Received a legal opinion concerning the City of ! Denton's provision of fiber optics service. ! 2. Considered action in Dawson v. City of Denton. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 i' C. Personnel/Board appointments Under TEX. GOVT CODE Sec. 551.074 1. Received legal advice on the selection of the City i Attorney. The Council convened into the Work Session on Tuesday, October 25, 1994 at 6:00 p.m. in the city council chambers. PRESENTS Mayor Castleberry; Mayor Pro Tea Brock; Council Members Chew$ Cott, Perry, Miller and Smith. ABSENTS None r, 1. The Council received a report, held a discussion and gave `i staff direction regarding fire protection alternatives. Chew motioned Perry seconded to defer the item until the 1995-96 budget session. Council Member Cott indicated that the issue may have been E discussed many times, but that there was a need to solve the issue ` now and not wait. Council Member Miller stated that he would like to discuss the item i and hoped that the issue was not closed just because the Council had previously discussed it. He felt that the Council had not > fully explored all of the possible options. Deferring discussion on the item was not an appropriate action at this time. Mayor Pro Ten Brock stated that deferring the issue to the next budget cycle would be many months away and after the next election. be~~aNo 1 City of Denton City Council Minutes AguUlal~ October 25, 1994 Q3i3 ' a' Page 2 c 1` She was concerned about the time element and felt that there was a need to consider some of the options to examine if they had merit or validity. She was against postponing a discussion of the item. Mayor Castleberry agreed with Council Member Chew as the item had been discussed many times and it was important to move ahead. Council Member Miller asked for a restatement of the motion. Council Member Chew stated that his motion was to defer to the 1995-96 budget. f Council Member Miller stated that there would be no action on this item until October of 1995. Chew stated that the issue would be reviewed at the appropriate time when considering the budget when it would not be an emotional issue or political issue and could be looked at realistically. i on roll vote, Brock "nay", Cott "nay", Miller "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. 26 The Council received a report and held a discussion regarding street light standard for dusk-to-dawn lighting. f I Jim Harder, Director of Electric Utilities, stated several months ago the City had received a complaint during the installation of dawn to dusk lighting for off-street parking. The complaint was received from a resident near a church on Teasley Lane. The residents were being disturbed by light scatter from the lights. Staff looked at the street light standards to make sure that the same lighting standards which applied to the actual foot candles were the same as for off-street parking areas. Staff worked on a j revised standard which would still most the foot candle standards to provide the necessary lighting but at the same time address the light scatter problem. The lighting standard was revised to have a horizontal cutoff co that the light fixture would be recessed in the holder so as to eliminate the light scatter. These types of lights were placed on a 301 pole as opposed to the normal 201 pole. When installed at the church, the problem was corrected. Council Member Perry stated that between Carroll Ave. and Bolivar on Headlee and Mimosa Streets, the lights did not shine as brightly as other areas. Harder stated that that was the standard for street parking lighting. The complaint was for off-street lighting which was IEE i I City of Denton city council minutes q4 f October 25, 1994 +c4iyf, Page 3 ;_i u 9 Ogg? adjacent to a resident area and was a different standard. Council Member Cott stated that the lights near the new park which worked the best were the ones away from the moisture at night. It appeared to him that the higher the standard, the better the illumination. If the vegetation was high, the light was dulled. Harder replied that in the case of off-street parking lighting, there was rarely a vegetation problem. Mayor Pro Tom Brock stated that she had asked for an update on this issue due to a citizen complaint. She was not aware that the City j provided this service to the citizens and felt that others might be r II interested in that fact that the City provided this service. Harder stated that in the last four months, when the City had receive a request for dawn to dusk lighting, staff had gone to the neighbors to inform them of what had been requested. If there were any indications of a problem, staff returned to the requestor and asked him to change to a different light to cut down on the amount of scatter of the light. Mayor Castleberry indicated that there was a fee for this service. Harder replied correct. i 3. The Council discussed attendance at the UNT and TWU Board of Regents meetings. Mayor Pro Tem Brock stated that some of the Council had attended a meeting with mayors and city council members from other university cities and discussed experiences in building closer relationships between university and city. one idea which came out of that ; meeting was to rotate council members attending the Board of Regents meetings wl;ich usually met once a quarter. She suggested the Council consider doing that as a routine procedure. She felt that the City had moved closer in a more cooperative relations;tip with the universities and felt that this procedure would show the Counoilts interest in the universities and allow the Council to be aware of issues which might impact the City. She asked if the Council would be interested in attending such meetings. Council Member Cott felt that the mission statements of the j universities were far beyond the City of Denton and was not sure what could learned from them. Council Member Miller felt that it was a good point to attend the meetings. Rap W-WJ An tip Z- .2 City of Denton City Council Minutes October 25, 1994 E / ZD.c3 Page 4 : Cos eS2 Council Member Perry stated that he had no objection to Council Members attending the meetings in their own rights. There were many contact points between the City and the universities and he i i did not see the need for a formal schedule to attend the meetings. 1 1A1 Mayor Castleberry felt that the relationship between the City and the universities was very good and before attending their meetings, felt that there should be some kind of contact to let them know why the Council would be interested in attending their meetings. Council Member Miller suggested having the City Manager talk with i the universities to see what their views would be for this type of procedure. Mayor Castleberry stated that the item was listed for discussion only and that Council could not give staff direction. i City Manager Harrell asked if the Council would like the item placed on the next agenda. Mayor Castleberry replied yes. 40 The Council discussed the possibility of taking a field trip to view the Internet system at the University of North Texas, and gave staff direction. City Manager Harrell stated that Council Member Miller had asked for the possibility of taking a field trip to vievy the Internet system. Gary Collins, Director of Information Services, stated that the Internet was a connection of many networks tied together under the sponsorship of the Federal government. TwU and UNT had access to the system. He had talked with Dr. Gandel to have the Council tour the system and Dr. Gandel indicated that he would be available the week of November 7th. Such a tour would last approximately one hour and a half. After discussion, Mayor Castleberry indicated that the tour would { be on November 7th at 4:00 p.m. if any Council Member desired to participate. The Council returned to the Executive Session. t The Council convened into a Special Called Session on Tuesday, October 25, 1994 at 7:00 p.m. in the Council Chambers. t Owl If City of Denton City Council Minutes October 25, 1994 A~"3 ~0 Page 5 Ark^-,a , ,j.-- k 1. Pledge of Allegiance s/ 6 The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented a proclamation for Denton Pharmacy i week. 2. The Council considered an request by William Bolin for an R exception to the noise ordinance for Saturday, October 29, 1994 at W 1215 Knight Street. Joseph Portugal, Assistant to the city Manager, stated that this I request was for an exception for Saturday, October 29th. There I would be live entertainment and the request asked for an exception until 11t00 p.m. The requestor had taken the time and effort to 3 get the approval of the residents on Knight Street. Council Member Chew asked if all the residents had been contacted. William Bolin stated all adjacent residents and those across the street had been contacted. Mayor Castleberry asked if that included the neighbors at 1215 ` Knight street. Bolin replied yes and also included the resident on McCormick. Brock motioned, Smith seconded to approve the exception. On roll 4 vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. I Mayor Castleberry presented the Yard of the Month awards to: Virgil and Mary Mitchell Jim and Emma Perry Tom and Dallas Newell - UNT Health Center Texas Bank 3. Public Hearings A. The Council held a pubic hearing and considered adoption of an ordinance annexing and temporarily zoning a 68 acre tract located north of Ryan Road and east of Forrestridge Drive (First Reading) (The Planning and Zoning Commission recommended approval 3-1). ~ ~ ~11 ,may bY5 . J 1 City of Denton City Council Minutes "0 October 25, 1994 tc!,~„ Page 6 520 2 Harry Persuad, Senior Planner, stated that Council agenda backup included the lengthy minutes from the Planning and Zoning Commission. Staff had had two neighborhood meetings. Services to be provided upon effective date of the annexation included police services patrolling and response to calls; fire and EMS services; street maintenance; environmental health and code enforcement; planning and development services; parks and recreation; capital improvement programs; use of all publicly owned facilities, buildings and services such as library services; neighborhood - delivery services programs; and CIP participation. Additional services such as the solid waste collection service would be ` extended within 60 days of annexation. There was a perception that water and wastewater services would be extended automatically but that was not the case. Developers and landowners were required to pay the cost for the cost of water and sewer main extensions. Major concerns of the homeowners includeds (1) Drainage - Because of developments around Forrestridge and Montecito there was an issue of drainage in the area. (2) Existing businesses in the area Any current business would be a legal non-conforming use and staff would work with the residents to customize the zoning areas which would better suit their needs. After annexation, those businesses would remain as is in the City limits. If destroyed by fire or by a natural disaster of over SO of the value, it would not be allowed to be rebuilt. To safeguard that situation, staff was recommending to put into place a zoning classification to take care of that situation. (3) Zoning restrictions and quality of life - There were some deed restrictions used by the properties in order to protect land uses in the area. After annexation, the Cityls zoning regulations would put the City into a position to enforce land use in the area. (4) Well use agreement - Three residents had a right to use a private well in the area until other water was readily available in the immediate vicinity. Wording of the agreement indicated that the right to use the well would continue until the purchaser had other water readily available in the immediate vicinity. Staff did not feel that the annexation would change the water/wastewater situation. Annexation would not change the availability of the water. (5) Concern about animals, including ducks, stray cats, and horses - The current ordinance required that those animals had to be kept at least 200 feet away from a home. According to the Code Enforcement Department, those regulations were only enforced based on a complaint. If a a` complaint were received, the ordinance would be enforced. (6) Breeding animals in the area - The current ordinance restricted the keeping of breeding animals in the City. Staff was proposing to amend the current ordinance to allow breeding animals within an agriculture district. (7) Concern about maintenance of Ryan Road There was a proposal to annex that portion of Ryan Road. (8) Existing swimming pools - Staff was proposing an amendment to the II I 1 City of Denton City Council Minutes October 25, 1994 Page T ~1-~~~a ei~jcf2 53 0~ current ordinance to require a pool enclosure six months after annexation. Based on the schedule of annexation, a three fourths vote was required in order to continue any further action. The j Planning and Zoning Commission had voted 3-1 to recommend I continuance. Council Member Perry asked for the number of businesses in the area. Persuad stated that one individual had a wood working shop which he intended to expand after retirement. The customized zoning would take care of those businesses. Whatever was in the area now would be brought into the City and continue to exist. Staff would like to work with the business owners to customize the zoning so that it ' would not affect them in the future. Mayor Castleberry opened the public hearing. No one spoke in favor. David Carlson stated that the eleven families in the area were agaipst the annexation. He addressed the service plan. Police and fixs`protection were already provided by the County and they were coufortable with that service. The service plan for water and wastewater was written as though the area was not developed. If the residents wanted water and sewer, they would have to incur the cost of installing the lines. If the other residents did not run City water and sewer, there was the possibility that property resale value might decrease. They had been told that an long as the existing,septics worked in the area, they would be able to keep them. If they stopped working and the house was within 200 feet of a sewer line that house could be forced to hook on to the sewer line. The Service Plan addressed the CIP plan. He was unclear what benefit that might be since the drainage seemed to be corrected with the Ryan Road development. Mayor Castleberry asked if Carlson was aware that the City and Denton County had an agreement on ambulance service and every year ! both entities had a discussion regarding services. some smaller areas were thinking of going to a private ambulance service. Carlson replied that he was not aware of that possibility. Mayor Castleberry asked if Carlson or his family used any City + parks or recreation programs. t' Carlson replied that they participated in YMCA activities and paid non-residential fees. s 1 I City of Denton C.ty Council Minutes y+` October 25, 1994 Page 8 5uot 62- Fred Opaskey presented documents which indicated that he had an air conditioning business. The section of home occupation in the Denton Code indicated that there could be no employment of additional persons and a contractorls shop was excluded in the schedule of uses. The schedule of uses from the Code Book listed that a contractor shop or storage yard had to be zoned commercial and not agricultural. Staff did not understand that and indicated that he could be annexed as a home occupation. The Denton Code did not allow this since he was a mechanical contractor corporation. How could it be grandfathered in as a corporation. If his business burned more than 50% after annexation, he would not be aide to rebuild it. He did not believe in custom zoning and he urged the Council to vote against the annexation. Ray Baker stated that the eleven families appealed to the Council to carefully review all of the issues before making a decision on ! this annexation. None of the families were in favor of annexation and many were against it for good reasons. Each had built in the area in order to be in a rural area and had maintained that lifestyle. To some that was a livelihood. Many would be in violation of various City ordinances upon annexation such as the cattle ranch in the area and the veterinarian service. They had been told that the ordinances could be changed but that was not a definite situation. The facts were clear that customize zoning would not change the fact that they would be in violation upon annexation. Property annexation was normally done to ensure the future development of an area. The City had waited 10-15 years too { long to annex this area. 1l Stan Ratliff stated that this was not simply a matter of property taxes. If that were so, he would donate his share of taxes to the City in order to not be annexed. The issue was a matter of lifestyle. He was concerned that he would have to spend money to bring his property up to code and about some code enforcement being ' done on complaint basis only. He felt that he had been mislead by City staff. Staff had given him a vague assurance about customized zoning for the area. The Planning and zoning commission indicated that it might not be possible to do that. The city was required to provide increased levels of service which the Service Plan did not provide for. The residents would receive no benefit for being annexed and he asked the Council to do the right thing and vote no. Ron Crownover stated that he appreciated the Council Members who had taken the time to listen to their concerns. He felt that the proposed annexation would affect each resident in a different manner. He moved to the area to have a simpler style of living in the country. He was a veterinarian and had various animals on his i property. Some of those animals would not be appropriate to the jam City of Denton City Council Minutes October 25, 19940"~y Page 9 ~s p~ 62 City. He also bred horses as part of his veterinarian service. At the Planning and Zoning Commission it had been explained that the area would be zoned agriculture and he would be a grandfathered variance. He was concerned by the comments made by Mr. Drake, Assistant city Attorney, indicating that he would be a nonconforming use for zoning only. There was an illegal nonconforming status available for this situation because they were under nuisance violations of the Code. Drake also told the Planning and zoning Commission that customizing of the ordinance dealt primarily with zoning and the nuisances such as animals were already covered by City-wide ordinances and there should not be any F exceptions even to their sector. Animal Control had been out co view his situation and it Appeared that of his eight neighbors, he would be in violation of five o: them. He knew that this would be r on a complaint basis and that everything would be fine unless there was a complaint. If there was a violation, he then could not do his work. Bob Heilig stated that this annexation would disrupt their lives. 1 He would lose his water service currently provided by a neighbor, He was told that upon annexation, he could hook up to City water but he would have to pay for the line conneztion which would cost approximately $35,000. He had spent money on a workshop and garage for retirement income but as he was not currently doing this business, he could not begin it after annexation. The City"s answer was to apply for commercial zoning. When he purchased his property, the City had no interest in annexing this area. All the families in the araa were in opposition to the annexation as it provided no incentive for them. Rosemary Ratliff stated that she had spoken to ten of the households involved in the annexation and all were opposed to the annexation. She could not understand wh the Cou _ y noil would annex the area when all the residents were in opposition. They had been told that they would have to put up a pool fence :tpon annexation j which would cast a great deal of money. The day after annexation, they were told that inspectors would be sent out to determine other I w;ys they would be in violation. She was not concerned with the cost of taxes as opposed to the cost to get their property in compliance with City regulations. They would have a severe problem with thers necessary compliances. She was concerned about how some questions had been vaguely answered. She asked the Council to vote against the annexation. Tammie Carlson stated that the area had been changed from a crooked line in the City0s boundaries to an area with a drainage problem, Staff had explained to them that with the improvement currently being made to Ryan Road and the drainage implements which would be g O} I a: . _W 7 A14V City of Denton City Council Minutes October 25, 1994 as Page 10 s put in place as well as the development in Forrestridge, the drainage issues would be resolved. Staff had told the Council that the area needed to be annexed before any help could be given and that the CIP funding would help. However, the funding was currently allocated through the year 2000. She had a concern regarding grandfathering and the fact that complaints could destroy their businesses. She was alao concerned with the way City staff chose to view the City ordinances any' the fact that they did not care that they were enforced on a conpiaint basis only. The City ordinances were clear on what was lawful. They were currently in compliance and staff was asking them to come into city and break the law as long as no one complained. This did not maintain their quality of life. All eleven families were opposed to this j annexation and she asked if the Council could guarantee that their f lifestyles would not be altered by this annexation. Wayne Ryan stated that he raised cattle on his property and his property would not meet all of the City ordinances if annexed. If someone moved into the area who did not 14ke cattle, he would be in violation of the City's ordinance. He did not need City water and sewer and did net want it. He did not use City parks and libraries. He was satisfied with the fire protection which they received from the Argyle Fire Department. He asked Council to not approve the annexation. Mayor Castleberry indicated that he had speaker cards from Karen Baker, Linda Heilig and Kathy 0 askey who indicated that they did not wish to address the Council but were in opposition to the annexation. Mayor Castleberry indicated that the residents had a list of questions which they wished to be answered. He felt that some of them had already been answered such as a concern for the future of existing businesses. j Tammis Carlson asked about the Opaskey business which was a mechanical business which was not permitted in an agricultural zoned area. Acting City Attorney Bucek stated that it would be a non-conforming use and if burned down and was more than Sol damaged, it could not be rebuilt. With a non-conforming use, the zoning did not apply. Council Member Cott asked what it would tal•.e to give the residents the guarantee they wanted. j Persuad stated that staff had informed the residents that they ! would be working with them to customize the zoning to meet their i r aV I City of Denton City Council Minutes October 25, 1994 !n i Page 11 SN6 2 needs in the case of a disaster so as to be able to rebuild. There were two alternatives to do that. One was to mark the entire property as a planned development and select those lots to indicate ' where business would be allowed and what conditions would be allowed. That would insure that the business could continue in the future and protect the environment from a large scale expansion of business uses in the neighborhood. The area would not be zoned commercial as there would be too many uses with that type of zoning. The area would probably be zoned commercial with conditions to limit the kind of uses. Staff would have to work with the residents to determine the size of the businesses, etc. Council Member Cott asked if that would be done before annexation. r Persuad stated that it would be done after annexation. Council Member Cott stated that the animal breeding was a difficult concern. Parsuad stated that the current ordinance did not a',low breeding animals within the City limits. In order to make the ordinance more user friendly, the current ordinance allowed for a farm or ranch within the City limits. Staff was proposing an amendment to allow the breeding of animals within the city limits. There was a potential problem if people within 200 feet of the animals complained. In terms of use of the land, there was the intent to customize the use of the land. City Manager Harrell stated that staff had planned to have the amended ordinance before Council prior to the final reading of this annexation. It was felt that this was a problem all over the city where there was agricultural zoning. Carlson replied that Dr. Crownover would still be in violation with animals within 200 feet of homes. Persuad stated that he understood from the Animal Control staff i that even today if there was a violation, nothing would be done until there was a complaint received, Staff would work with the Ceunty and owners of property to resolve that prob)9m. Mayor Castleberry stated that another question was the maintenance of Ryan Road which had been answered. The next question involved the cost to connect to existing sewer lines which had also been answered. Ex sting drainage problems had been answered. The residents expressed a concern regarding an existing well agreement. Carlson stated that it still remained a potential problem for one i r~ Flo r~ 4 I` City of Denton City Council minutes ~gs~'aNo October 25, 1994 ag8;;;n page 12 Daa 0 u Se db 6?- resident. Mayor Castleberry stated that it was still a concern because the wwater ould agreementtime vicinity,at the such was30 available tin threeimmediatehad clause wn discontinue. The mayor closed the public hearing. Chew motioned, Perry seconded to continue the annexation process. Council Member Miller stated that this had been a long process and Council had been correct fn requesting action because the area was surrounded by the City. it was not a foregone conclusion that the if the neighbors did not want to be n. He could property would annexed. oundary and annexed, what would be the benefit r this rovidea straight cityob determine that it would only y p p would not provide n real benefit to the City. He a130 Pelt that a strain on the this annexation would put more the City's Fire Department. He indicated that he intrequirement note against the the annexation as it did not meet the test for the best interest a bus City. was close mayor Pro Ten Brock stated that the area to busy annex airport and two busy highways. Originally she After coking anion was only a matter of time for the areas the was no specific problems she f hadhar concern wth immediate of the aarea, corpalling amendments proposed for some of the City ordinances. She planned amendments to exation. vote against the ann Council Member Perry felt that the quality of life the residents wanted could be enhanced by coming into talityt xouldacontir.ue,work { with the citizens to ensure that that qu l on roll v)to, Brock "nay", Cott "nay", miller "nay", Smith "nay"► Chew "aye", Perry "aye", and mayor Castleberry aye Motion failed with a 3-4 vote. B. The Council held a public hearing and considered adoption of an ordinance annexing and temporarily zoning a 263 acre tract located north Jim Christal Road and vast of Masch Branch Road zoning commission recommended (First Reading)). . (The Planning and 2n denial 4-0). Harry Persuad, Senior Planner, stated that this servicis plan was A concern of resi nts ame ddethe similar to the previous andxstaff. was proposing to related to barbed R. F ro mom 1 City of Denton City Council Minutes October 25, 1994 Page 13 J 9 6 2 ordinance to allow barbed wire fences in an agriculture district. The current ordinance would also be amended to allowtthe breedin curb E of animals in an agriculture Residents had expressed concern and gutter would not be e triggered. nd about the indicated ethatsithatf ittywastethendrewtatewater sponsibilityneof thefflahad i owner/developer. The Mayor opened the public hearing. No one spoke in favor. Nedra Mitchell stated that the annexation was not valid at this t point in time. The area was already rural with eleven homes on 11300 acres. Zoning controls already existed in the area with two homes already in the city, five homes in the Airport Zoning and all of the homes in the ETJ. Interim usage and services were not e ad equitable and the Service Plan offered leftover ser ichan9ningioP The usage. agricultural r e incompatible with City codes wau unfair and selective code enforcement was risky. The Planning and Zoning Commission questioned the validity of the 11 annexation and voted denial of the annexation. Mayor Castleberry temporarily closed the public hearing. Acting City Attorney Bucek stated that the Council had the right to not belabor an item if it was not to the benefit of the City and its residents. The Council could not take a vote on the item until a full public hearing had been held and all speakers done. However, the Council could do a consensus of how the members felt about the item. If the Council was reduce the number of presentations in light of the Council stviews. Mayor Pro Tom Brock stated that on the basis of the earlier public against anexation at this /timecoendation, hearing tended to h vote Planning and Zonin she in annshe agreed exation. with Mayor Pro Tom Brock Council and would vote h agstated ainst the that Council Members Miller, Cott and Chew agreed. t Mayor Castleberry reopened the public hearing. Gee Price stated that the major reason people did not want to be associated with the City was the way in which it regulated its citizens for exampl suche as use of the erican fla and what once the Council nderstoodlthat done with property perty 1 f , Gn r.", .yam Mal ''J1i J ~~VII City of Denton City Council Minutes October 25, 1994 6a 2 Page 14 and loosened regulations, the City would be attractive to people. The Mayor closed the pablic hearing. Cott motioned, Brock seconded to deny the annexation On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 'J,. 4. The Council, considered a variance to Section 34-114 (17) of the Subdivision and Land Development Regulations for Lot 1, Block 1, of the Fred Hill Addition. The 1.781 acre site was located on the south side of Hickory Street at Bradshaw Street. (The Planning and zoning commission recommended denial 5-0.) Chew motioned, Smith seconded to grant the variance due to the fact that the applicant had no other relief other than to seek restitution from the City. Council Member Miller stated that he was sympathetic with the request but still had some questions. He was afraid that the Council would be setting a precedent if approved. Acting City Attorney Bucek stated that only in an identical situation would the City be setting a precedent. If another person came with a similar situation, the City would have to grant that variance also. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", And Mayor Castleberry "aye". Motion carried unanimously. 5. The Council considered adoption of an ordinance approving Amendment 04 to the agreement with the City of Denton and Freese and Nichols, Inc. for professional engineering services for improvements to the Denton Municipal Airport. This item was pulled from consideration. 6. The Council considered approval of a resolution congratulating the University of North Texas in achieving their Division I status in football and their acceptance into the Big West Conference. The following resolution was considered: I i p+e m n :A1T lowl 1t R City of Denton City Council Minutes ;.1C2 Jo. ~~6~,1 October 25, 1994 Page 15 110. R94-067 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CONGRATULATING THE UNIVERSITY OF NORTH TEXAS IN ACHIEVING ' THEIR DIVISION I-A STATUS IN FOOTBALL AND THEIR ACCEPTANCE INTO THE BIG WEST CONFRRENCE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock mays", Cott "aye", Miller "ayell, Smith "ayem, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. • f 7. The Council considered approval of a resolution endorsing the ffj efforts of the National League of Cities and the Texas Municipal League to fully inform our citizens about the impact of federal mandates on our city finances and the pocketbooks of our citizens. City Manager Harrell stated that Council had considered a similar resolution in the past. This week was National Unfunded Mandates , week. ~ The following resolution was considered: NO. R94-068 A RESOLUTION OF THE CITY OF Df'NTON, TEXAS, ENDORSING THE EFFORTS OF TH$ NATIONAL LEAGUE OF CITIES AND THE TEXAS MUNICIPAL LEAGUE TO FULLY INFORM OUR CITIZENS ABOUT THE IMPACT OF FEDERAL MANDATES ON OUR CITY FINANCES AND THE POCKETBOOKS { OF OUR CITIZENSt AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. 86 Miscellaneous matters from the City Manager. Thai City Manager did not have any items for consideration, a. There was no official action taken on Closed Meeting Items discussed during the Work Session. ` 10. New Business The following items of New Business were suggested by Council f Members for future agendas: i ~ Ih i l w19,L Y Low I" FA F n City of Denton city council Minutes October 25, 1994i~ Page 16 62 A. Council Member Perry suggested a discussion and information on small businesses in the city with regards to economic impact on the city, tax value, and recognition of small businesses. B. Council Member Miller stated th.t Aaron Brody from the KMTO Radio station had mentioned that they were having difficulty with the feed off of the City's sound system. Brady indicated that the equipment to improve the sound system in the Council Chambers ; F, would cost approximately $2,000. Brody indicated that he would be willing, to provide the specifications and install the system. Miller suggested looking at Brody's proposal to improve the sound system. The Council did not meet in Closed Meeting during the Regular on ssi adjourned at 9130 p.m. the meeting j usi 4 was ad esr th b no further ne With n • n BOB CASTLI13ERRYl MAYOR { CITY OF DLVTOM, TEXAS , I JF,MN~IFER WALTERS CITY SECRETARY CITY OF DENTOM, TEXAS 1 ~ A0000221 i j ! 4 y L 1 1 1 t sra~ r. a.nxr ef~ I DENTON Q~~o0000 00 o D O ~ 00 o o goo Npos O 0 0,14 O , oOQ o0~ ; aodoopOn ''CITY, Co UNCIL `k7n f 11No REPORT ' I c~ of I Tot Mayor and Members of the City Council Case No.t 2-94-021 Keating Dates December 200 1994 i ,1 1 f GENERAL INFORMATION Applicants Terence Maher 1989 Mary Lee Lane Lucas, TX 75002 Currant Owners Same. Requisted Actions Rezone .574-acre from a single-family (SF-7) district to multi-family (Nh-1). I Looation and gives The site is located near the southeast corner of N. Locust Street and Coronado Street. The site fronts on Locust Street, but is approximately 15 feet from the Coronado street right-of-way. Surrounding Land trio and lonings North - After a narrow strip of land included in an adjacent Planned Development, the right-of-way of Coronado St., across from which is Planned Development zoning and apartment use. J South - Planned Development zoning (PD 2) and 91 apartment use. East - Planned Development zoning and apartLent use. f West - The right-of-way of Locust St., across from E which is single-family residential use in SF-7 zoning. -k'ra i Denton Dev*?,>pnant Plant Study Area No. 250 low intensitys overallocated at 164%. I f x I " a.,.,... f• n'. Cr-~ ,n . r, , a . f •oar Ag3rda iotrt~_ ' Oaie / 2-20~!/ 2gC) 8P8CIAL I"ORMATIOIi Transportations A sidewalk will be required along Locust St. at platting. Vehicular access will be determined during platting of the property, utilities$ E Water and sewer service are available from existing lines in Locust St. Electric service is available. r Drainagee The lot is less than an acre, and has no severe topography, so no drainage improvements are necessary. RIBT0RY_ The site has been zoned single-family (SF-7) by map since 1969. The apartment site, abutting this lot on three sides, was zoned planned Development in 1970, which was amended in 1978 and 1980. It apppears as though a structure once occupied the subject site, but 1t is now vacant. ROTIYICATION1 On 10/28/941 15 property owners within 200 ft. of the site were notified of the proposal. At this writing, two replies have been 1 received in favor of the proposals and one opposed. A)MLY8i8 The proposal requires 74.8 additional intensity trips above the area's low intensity allocation. Since this particular study area is already overallocated (1640), the slight additional increase in intensity requires a subjective look at th6 "least intense, most logical" land use. The site is also a "left-out lot" as 31scussed by the Denton Development Plan. In the case of a leflrout lot, an analysis of the least intense, most logical land usu is also utilized. RECOXXZKDATIOIi The Planning and Zoning Commission has determined that the proposal is the least intense, most logical land use, and recommends + approval of Z-94-021. Apartments are aaen as the least intense, most logical land use, since the site is bsunded three sides by apartments and one side by Locust street, an arterial. t f,` It y,' ..c.v v I r . Age~~aNo Ayc ,JA!! ~ilie.__Jl~ ALTERNATIVEM 3pg 41 1. Approve application. 2. Approve application with conditions. 3. Deny application. 4. Postpone. PROGRANS8 DEPARTMENTS OR GROUPS AP72CTED property owner. ~ lI~C1►L IMPAOT _ r: None. a 1, Location map. 1 survey. VLlod lly submitted: Harrell, City H ager f Prepared by: i cw 11 E J I ~ t.. V Owen Yost, Urban Planner Approved: rank Robbins, AIC Executive Director of Planning and Development i s Agt9 M o a ~Iy ~„Nww•WMN..Wi I.I. b.F im J'w e ~cr+ ~r uue~ ~wux~ ATTACHMENT 1 I,0 ORTH U C) 11 58 LJLJU a ©o ve~tasR s . .o DOME ML SITE ~ u~M sara+~ ~ CJ~1 ElDL__1 Z, 380 Location Kap ATTACHMENT 2 co!aNo A~Q / Sr t33' it cf. r Y R ~o 71 Y r I 1 t. 7 'e I ! i ~ ai P ` CJ, t} 1 1 3 r ~ lr 0'01'3'• r 111r~rf ~t i 1 i ~ j r ry Sr S-f (YY A.O W) 1 4 'y ti?' ` f H'tS'00~ [ tIOAO' i 13 ''E llS~ ~ ' tp 1 to or 0JA POWER pSi, {K 1 Q .N~.~. `I •K QKwAtO1604 f' I l ~ ~ woa r1r Od ?a< ' { ~.4• SUM ~ c ( f Is t!1arAf i} MMNt1~00' W ) I a 1 I REPLAi 0fk41XOTAC[ OARS } VOL fi PC 41 7V t . .x. { t y, i. 1 t ` I I f • 41I rID/f~ i P & Z Minutes r ..~,~lo a4~0y! Nov. 9.1994 page ?4 r?.; , J 2 - -94 1 6 srYwn? Public hearing is now closed. Any K~ comments Mr. Yost? Any questions or observations Commissioners? Yost iii Madam chaimw I move the reoommendation of the Or. Huey: r is of a portion of Lot 4, block A of the Davis Preliminary and final epla and Smith Addition into lot R to approve. , j Mr. Cooper. Second it. !I Ms. Russel: Any other discussk.n. All in favor raise yow right hand. All opposed same sign. Motion carries. (6-0). I nd consider the rezoning of .574 acres from vi. Hold a public hearing -tame F•1). The site is Proposed for single-family (SF-71 toand m i N (M multi-famiy housing Street located near the sout;~east corner o1 locust Street and Coronado Mr. Yost: Tit' ate actualty is on Locust WO seems to front on Coronado, but does not actually. When the #jd*WA apartments were Will, there was a Wp 14 or 15 ft. between the sits itself and Coronado. At this POWt the VPlice M is talking with the owner of that s of Locust aocess through that strip of land, access lo Coronsdok dr~ The land to the north, east a south is on** in Ong. The site, intertsfti► muffiJaray number 2, which is sperfinent We over ber Wdensity low ares, wise, Is WOWS the area ewe have here is~wWs called as survey plat of allocated at 158%. What the Property. A sidewalk WN be required Wo the i s aowa whether frontage in awwdwv* with the regulations. Tto through Coronado ICs we mentioned or Locust VAN be detemtktsd I du" the building permit phctrio am all m &&Ub" the le kom sxbting 3111C he %4W MAO. Them sro { and sewer, and The ate itself has been zoned no dranege imProvsmer ~y zoning the odginW map of tfw9 Cihr of angle family, air" 1969' number 2 which is on three sides Denton and the Planned development owner within 200 it son,,y up around It There were 15 property within the ate notitled of tonight's proposal. As of this writktg them were only three replies, two in opposition, and one in favor returned. The proposal of muitFiamily from angle fsmlly does require a slight increase in intensity and this would be dubbed a t of to least Into," mg There is another party ! logical sand use. This is a Umactive judgement 1 r* sr,r~ ~r i P & Z Minutes Nov. 9, 1994 ` Page 25 r „n- 4 L._. in the plan called a'IeR out iota This is clearly the least of which staff 7 ci refers to as a left out lot with everything developing around it This also is fudged as residual land ecoording to the least Intense most logics! land use. Therefore it's fhe recommendation of staff, is that the least Intense most k>glcW land use looking that there Is a permanent development on three sides that this also be zoned MF. And has comparable zoning. t Ms. Russell: Would the petitioner like to speak? f Terry Maher My name is Terry Maher, and I I'rve at 1983 Marilee Lane in Lucas, Texas. I think, as Owen mentioned, the property Is surrounded by apartment oompiexes. It seemed to me to be a nice piece of property. It's less than a mile from TM). We plan to built an apartment complex of brick construction anti hopefully we'll make it k>o% nice. Currently the property appears to be somewhat ru-down, appears to be y some trash up there and some things going on, so I feel the proposal Is * beneficial to not only myself as the developer but also the City of r Denton. We hope to make a nice addition there and some nice landscaping and hopduOy will improve the area as R cumentfy stands. I Additionally Owen mar toned the 14 ft. problem abng Coronado. T1ie owner Is ft Department of HUD, and I hero got a verbaal apreetraent i from HUD to allow us lo use the easwori t Jong that property sM so I'm mrsoy vxWng the *0 documwda&n to not that recorded there. I W I do have a verbal agreement that we can get soceiss from Coronado, which I think would be a better place to access than from Locust. Ms. Russell: Any quesiiona? Does anyone like to speak In favor of ft E "k 2 petition? Anyone to speak In %voR Anyone to speak In opposition to the petition? Any opposition to the pettion? Public hearing Is dosed, k F any further Owments? Or motion? t Mr. Norton: In as much as this appears to be & good use of land that seems to be left out planning t move that we approve zoning 7.•94023. Ms. Flarnmirxj: I second. Ms. Russell: Any further discussion? All In favor please raise your right hand. Opposed same sign Mot (e-0) . j ` i j 3 { .5.'Y IM/fM~ ?y~'•cell ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON* TEXAS, PROVIDING FOR A CHANGE FROM SINGLE-FAMILY DFtmup DISTRICT (SF-7) TO MULTI-FAMILY DWEL- LING DISTRICT (NF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIG- NATION FOR A 0.574 ACRE TRACT OF LAND LOCATED ON N. LOCUST STREET APPROXIMATELY FOURTEEN FEET SOUTH OF CORONADO STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Terence Ml has applied for a change in zoning die- 3 tract classification and use designation for a 0.574 acre tract of land from Single-Family Dwelling (SF-7) to Kulti-Family Dwelling (Mr-1) District; and WHEREASen on November J, ill the Planning and Zoning Commis- sion of .:he requested change in zoning; and WHEREAS, the City Council finds that the change in :zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, { THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECTION i. That the zoning district classification and use designation of the 0.574 acre tract of land described in Exhibit A. attached hereto and incorporated into this ordinance by reference, is changed from Single-Family Dwelling (SF-7) to Multi-Family Dwelling (NF-i) District zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION ii, That the City+s official zoning map is hereby amended to show the change in zoning district classification and use designation. SECTION III, That any person violating any provision of this ordinance shall, upon conviction, be fined a l not exceeding $2,000.OG. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. i SECTION iV, That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1994. 908 CASTLEBERRY, FUIYOR ` ; y i r~ .ool w ATTESTi A~r [ 1tlrit JENNIFER WALURS, CITY SECRETARY Sys 4 APPROVED AS TO LEGAL FORMI r MICHAEL A. BUCPX, ACTING CITY ATTORNEY Et1a, t ~ , lay I i i E lot Y .i 1i f 1, f :r 1., 0 99}} f 55 > rl ~ ~ r r , a r ~tE y f , ` iy~ y ~ f ~'k n t d t MA416", e' e t, = t r,Y r E. f r r~ o f ) 11 PAGE 2 G ti ~ ' eve ur: } i DENTON f ~ # 1 ~o~~~oooooaoo F 'D 00 ~ ~ DO 00 AV ~o OD CZ) ~f r Q O' ~ I.e~~ O DOQ~ OQO r G' N ' 0 oF rao~ ~nooo e j r C ITY COUNCIL w«~i Fos 1 i h3m I { REPORT - :ot Mayor and Member of the City Council Case loot 2-94-024 Meeting Data: December 20, 1994 r ~ k OEIMnL 19"R"TIOII _ Applicants Marjorie & Dick Waters 1901 Colorado Blvd. ' Denton, Tx 76205 Current Ornert Same. I G`~s•. Requested Actions Adopt a Detailed Plan changing the zoning district from duplex (2F) to Planned ,i+^ Development, allowing a 2-unit bed & 'Q`. breakfast facility, and a private i residence. } 1{f Location and sizes .1510 cares located approximately 61 ft. 3 t.' east of the northeast corner of Carroll Blvd. and Prairie St. The address is 424 j Prairie. fii~ls,~i, 1 yurronading Land Use and ionings 1 North - Single-family use in duplex (2F) zoning. South - The right-of-way of Prairie Ot.i across from i which is Planned Development zoning (PD 108) and office use. East - Office (0) zoning use in office (0) zoning. ,i West - Single-family use in duplex (2F) zoning. r' + f ,.r ..ern-va':x4a411 w...r...a+a:rv~yb!nM,✓mv la: is „ekt\II .G%"Po.a Denton Development plans 4 Study Area No. 511 Urban Center. ' 2 c~ rl t SPECIAL INFORNATYON Transportations No street improvements are called for. ' otilitie't Existing utilities are sufficient to support the proposed residential land use. III Drainage$ No additional drainage facilities are called for. j' 1 1 , , . HIBTOitY r Currently, the site is zoned duplex (2F). It was, until retently, the site of a residential structure. Although, the alignment of Carroll/Ft. Worth Dr. has been modified,' the subject site was zoned 2F via the City zoning map in 1969. f1' 1l0TIlIC71TI01!_ Twenty-three notification letters have been mailed to ptoperty owners within 200 feet of the zoning proposal. At this writing, seven responses have been received in favor of the proposal; none opposed. IlMYS1 ra f 5 The subject site Is located in an Urban Center according to the Denton Development Plan. In an Urban Center, there are no limitations to the intensity, so no intensity analysis was required. The Commission does feel, however, that the proposed use is ' compatible with the neighborhood character. " RECOMMO RATION The proposal does not violate any intensity allocations, and the proposed use is appropriate for the area, so the Planning l at/- a?U and Zoning Commission recommends approval of tter of Z-94-024. 3 !j PROGRAKBor DEPARTMENTS OR GROUPS APPECTED Property owner. ` { j kee" IMPACT 4 r, I Kona. AIPTERUTIVEB S( 1. Approve application. 2. Approve application with revisions. 1 36 Deny application. i 4. Postpone. ATTACBKEKTG ~ 1. Location map, 2. Detailed Plan. Respertfu y submitted, r , Lloyd V. Harrell, City F:a ger, ' ~ Prepared byi i Owen Yost4 AS Urban Planner Approved byt ` F'ra k H. R ns, AICP # Executive Di Vector of + Planning and Development fi WOW ti p.4 J .:,,aer9 M1J:M VA'1..,/{W YIwJGL:,,. ♦(qe .r.. ♦ l I ~r~ w'~P ~Y r ATTACHMENT 1 J -QU~ RTH air ® ~r~ ✓ _ II III ~ o® ~ , ODDOo D OAR i SITE' f owa . , ~ i AN O ~ Boa ~ as [IF ~ CJDO ALCOW "T1 i i L"Atie: flap S 7. I ATTACHMENT 2 DAVIS AND SW H AWT1011 VOWNE W, PAGE 253. DEED RECORDS D T. J. Si1fM I L D It1KAlS r,T. h11-tfSS 1 ,1 f1-0071'1!7 LOT 2 OT 1 j 40 4 --q~ • k 6'od i t T'+ E dill, toe ` { Ex15rwG TREES o 119T AR r'rP,r"a . 1p _ BWCX A ,c z , 1 Alm i. ; p z a i PROPOSED BLOC. ~ lt04 !0 R >K R . t 71 FLOW 97 j 1 !0 R titi0n0 ILOd1 , W n woof r ( Y S VVV ` - - - ?L' BI/KL'V1G L NE f !A' _ Is MY 6 1!3 KOW J. WMLY 61 b Aar" . wrt~S COr+C►m is Am GurtE~ 0P~ ~ :1;46 l4i CAL=r CAUC 'r A~ PRAIRIE STREET c..c ReTe euro ~wc w~*n 1 ■ 1 Md,,rr•t.erd j, _1.2,~Zo-gu ORDINANCE N0. ba v rr AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLIN4 DISTRICT (2F) TO PLANNED DEVELOPMENT 154 (PD 154) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.1510 ACRE TRACT LOCATED APPROXIMATELY SIXTY-ONE FEET (61') EAST j OF THE NORTHEAST CORNER OF PRAIRIE STREET AND CARROLL BOULEVARD; APPROVING A DETAILED PLAN FOR THE DISTRICT) PROVIDING FOR A PENALTY MI AN EFFECTIVE DATE. FOR VIOLATIONS THEREOF) AND PROVIDING WHEREAS, Dick and Marjorie Waters have applied for a change in zoning for a 0.1510 acre tract of land located approximately sixty- one feet (611) east of the northeast corner of prairie Street and Carroll Boulevard from Two Family District t2F) to Planned Development District 154 - (PD 154)) and WHEREAS, on November 30, 1994, the Planning and Zoning Commis- sion recommended approval of the regiested change in zoning) and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan) NOW, THEREFORR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS) SECTION L. That the zoning district classification and use designation of the 0.1510 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Two Family Dwelling District (2F) to Planned Develop classification and use en Di 1541 (PD 154) zoning designationcinder the comprehensive zoning district ordinance of the City of Denton, Texas. That Exhibit B, attached to and incorporated into I11 5r this ordinance by reference, is approved as the Development Plan , for the district, in accordance ith Division 2 of Article IV of chapter 35 of the code of f gFC NS III. That the City's official zoning map is amended tv show the change in zoning district classification. UCTLON IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each shall constitute day epthat a arate and provision distinct offensenance is violated ci!! J 'NO LP7F SECTION y. That this ordinance shall become effective f2r`r " teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (20) days of thy. date of its passage. PASSED AND APPROVED this day of , 1994, 1 BOB CASTLESERRY, KAYOR 1~TTL"ST ~ UENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMI HfCHAEL Ai BUCEX, ACTING CITY ATTORNEY ! b I Y .wl R ' I M►i771•/ • I EXHIBIT A i ~J r^l'Y 14'0 . Sod `7~ ALL THAT CERTAIN LOT, TRACT OR PARCEL OF UND LYING ANO BEING SITUATED IN THE WILLIAM LOVING SURVEY, A3STRACT NUMBER 759, OENTON COUNTY, TEXAS, AND BEING PART OF LOT 4, BLOCK A. OF THE DAVIS AND SMITH ADWION, AN ADORION TO THE CITY AND COUNTY OF DEMON, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 142, PACE 253, DEED RECORDS OF SAID COUNTY, AND BEING ALL OF A CERTAIN TRACT DESCRIBED W A DEED FROM W.R. SIMMON3 AND WIFE, ALTA E. SIMMONS TO R.E. SMITH ON THE 21ST DAY OF NOV VBER 1936, RECORDED IN VOLUME 261, PACE 193, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: i BEGINNING AT A CHAIN UNK FENCE CORNER POST AT THE NORTHEAST ' CORNER Of SAID LOT 4, AND THE NORTHEAST CORNER OF SAID R.E. SMITH TRACT ON DIE WEST BOUNDARY LINE Of A TRACT DESCRIBED IN A DEED TO K.F. LANGSTON. ON THE 21ST DAY OF OCTOBER, 1947, RECORDED IN I VOLUME 340, PACE 198, DEED RECORDS, OF SAID COUNTY; I THENCE SOUTH 01 DEGREES 15 MINUTES 58 SECONDS EAST WITH THE WEST LINE OF SAID LANGSTON TRACT AND THE EAST UNE Of SAID R.E. SMITH TRACT A DISTANCE OF 131.5 FEET TO AN IRON PIN SET FONT CORNER W 1 THE NORTH RIGHT OF WAY OF WEST PRAIRIE STREET; I THENCE WEST WITH THE NORTH RIGHT OF WAY OF WEST PRAIRIE STREET AND THE SOUTH BOUNDARY UNE OF SAID R.E. SMITH TRACT A DISTANCE OF 50.0 FEET TO A 2 INCH PEEL POST AT T14E SOUTHEAST CORNER OF A TRACT DESCRIBED' IN A OFdO FROM OALE IRWIN ET 11X. TO H.B.W. ASSOCIATES INC., ON THE 26TH DAY OF OCTOBER, 1990, RECORDED IN l VOLUME 2875, PACE 620, DEED RECORDS OF SAID COUNTY; THENCE NORTH 01 DECREES 21 MINUTES 22 SECONDS WEST WITH A FE14CE F i AND TOE EAST BOUNDARY LINE OF SAID H.N.W. ASSOCIATES TRACT A DISTANCE OF 131.18 FEET TO AN IRON PIN FOUND IN THE NORTH BOUNDARY LINE Cu SLID LOT 4, AND THE NORTH BOUNDARY LINE OF SA'O R.E. SMITH TRACT. THENCE NORTH 89 DECREES 37 MINUTES 46 SECONDS EAST WITH A FENCE AND THE NORTH BOUNDARY U14E OF LOT 4, A DISTANCE OF 50.2 FEET TO E THE PONT OF SECtNNINC AND CONTAINING IN 0.1510 ACRE OF LAND, r. A:1 yI. O lk 1 I rWW4 P i Z Minutes DRAM f November 30, 1994 ,•'~i?~1 Page 35 (Mr. Cooper left at 7:00.) 9 rJ Ms. Russell reconvened the meeting. j III. Hold a public hearing and consider a recommendation changing 3 the toning from duplex (2F) to Plannod Development (PD) and adopting a detailed plan of .151 acres. The site is located 61 feet east of the northeast corner of Carroll Blvd. and W. j Prairie Street. Ms. Russell: I*11 open the public hearing now. Mr Yost. c? Mr. Yost: This is the site at 424 Prairie. The site is .1510 I acres. It has been brought forth for changed zoning from 2F, I for duplex which it is now to a Planned Development. The Planned Development would entail a 2 unit bed and breakfast facility, and a single family dwelling all under the same roof. The sits is in what is called the Earl Urban Center in the inner Urban Center which is basically downtown. There is no intensity allocation, or intensity study to worry about so I'm not going to be presenting one. There are no site improvements called for unlike what is in the staff report, however the applicant will not be building a sidewalk along the site frontage since this use was residential in nature and the width of the lot precludes a sidewalk. The existing utilities are sufficient, the existing drainage is also sufficient. The lot has been zoned 2F or duplex since the official zoning map of the city was put in place or adopted. There were twenty-three notification letters sent out and to date we have received seven replies all in favor of the proposal. The staff has been working with the applicant in his Planned Development for approximately two months and we feel that their present configuration is compatible with the other neighborhood uses. The staff therefore does recommend approval of Z-94-024. I Ms. Russells Any questions, 14r. Yost? The petitioner has ten minutes to speak, is the petitioner present, would they like to yes ma'am? Marjorie Waters: My name is Marjorie Waters and I reside at 1961 Colorado and we have actually been working on this plan since July. I hive complained several times about the slow methodical process we have had to go through to get to tonight, but when I look back now this is going to be my home and so I am very pleased to have gone through this process and to have gotten the support I have gotten from the city staff. They have been extremely helpful and have explained almost ~ti a- I r I '~i ma"I t P k 2 Minutes NOV. 30, 1991 Page 36 y5 t! Ovary step of the process to my satisfaction. So I hope that you will pass this plat, I think I'a using the right words, I have learne3 a lot in the last couple of months. Owen has been a very steady teacher as has Frank Robbinn. My;thanks to you and your work and if there are any questions I would be glad to take them. Hr. Cochran: I have a couple of questions, you're planning a f Bed and Breakfast? How much apace will be devoted to your I units and how such to your residence? Ms. Waters: Our preliminary architectural plans the envelopes that we have drawn here is approximately coo square feet, about 1400 square feet is going to be our living space, actually it's 28490 so the other existing square footage would be the bed and breakfast. Mo. Russell: Thank you. Is there anyone else that would like to speak in favor of the petition? Dale Intins My name is Dale Irwin and I own the office building just to the south of this property and I think this would be a tremendous asset for the entire area and r would i like to see more improvements in that area. So I'm definitely in favor of it. Ks. Russells Thank You. Anyone also to speak in favor of the petition? Anyone would like to speak in opposition of the petition? Seeing no need of rebuttal we will. close the public hearing. Are there any final remarks to staff? Mr. Yosts I would like to point out that the transparenc is an exact match of the full site drawing that is on your desk and we're not voting on the smaller version in the packet. There Is a Blight difference. 4 Mr. Cochranr Madam Chairman I would just like to say that I think this is a good thing for this neighborhood and I think it will be good for the community and I would like to move f that we approve 2-94-024. Me. Schertt: I'd like to second it. I Ms. Russell: Any other discussion? All in favor signify by a raising you right hand. Opposed same sign. (6-0) (Cooper is now absent.) J r Dr. Huey: Madam Chairman I did have one little information question. How does this relate in location to a similar , NY~~ , P z Z Minutes 1 Rove 30 Page 37' 1944,' l~ +a I J ,I \ approval that we gave recently. We a breakfast in that same general aea. approved a bed and No. Russell: On north Locust. Mr. Yost: I'm sorry I'm drawing a blank but I will find out. Ij Mr. Robbins: I don't believe there has been a bed and breakfast approved down on this end of Carroll, but there was one approved about a year and a half ago or so, on north Locust, north of the square. Mr. Cochran: Just up from Crouch Realty, a couple houses up from Bob Crouch's. Mr. Yost: You may also be thinking about the replat called Davis and Smith which we heard approximately two weeks ago, of the very same sita. Mr. Robbins: That was the plat. IV. Consider an alternative landscape plan, according to Ch. 31, Art. 57(5) for the G.T.E. addition. The site is located on the east efde of Teasley Lane (PM 2181), approximately half a mile north of Ryan Road. Mr. Yost: Madam Chair and Commissioners this is an alternate landscape plan which comes before you whenever the applicant is not going to do a tradition landscape plan. In other words the applicant is not or will not follow the regulations of the ' Landscape Ordinance in which case a clearly superior plan l would be presented to you for your approval. In this case the applicant is building only a small building, in fact there is a smaller building right now that is a telephone switching station and the applicant is going to build a bigger station. { .i The site is in a brown color there, and there are presently five or six trees on the site. There is a building shown with a a number looks like 2715 on top of it. That's the building J that will be expanded in size. Presently there is a driveway down approximately the middle of the site with grass on either side of the site. The grass will be encouraged to grow I ~r. take it that means fertilization, that sort of thing. The applicant will also in this plan take care of the existing trees on the site, by taking care of I mean the applicant will prune and fertilize the trees as necessary to keep them in a viable healthy condition. That covers the alternative landscape plan because of the fact that there is no water to this site now, nor will there be any water. This being an S y ` AM1.IMP~ DENTON -a~oaoooboooh QO~ 4 Da vOO c r U - Q } f j1 CITY DO o D 00 0 ~ ~ 0~0 aaaaoao 1 1 , COUNCIL i .w Q!1!~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARD1NU A CONTR'-CT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the of state law and City ordinances; and procedures Alf,+, WHEREAS, the City Manager or a designated employee has + reviewed and recommended that the herein described bids are the P~ lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and 1'Seft WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the y `,j II materials, equipment, supplies or services approved and accepted i herein; NOW, THEREFORE, j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services shown ii Bid Proposals attached hereto, are hereb acco ted and approved ia as being the lowest responsible bids for such itemao BID ITEM NUMBER NO VENDOR AMOUNT 1681 1-34, EMERGENCY MEDICAL SUPPLY EXHIBIT A 1~~+"<<,,',p 1681 37,39-47 EMERGENCY M~SDICAL SUPPLY EXHIBITA °,1681 69-92 EMERGENCY MEDICAL SUPPLY EXHIBIT A 5=;: 1681 36,48-68 ADVANCED LIFE. SUPPORT EXHIBIT A MEDICAL PRODUCTS 1681 93 ADVANCED LIFE SUPPORT EXHIBIT A } MEDICAL PRODUCTS 1 687 ALL AVO INTERNATIONAL $ 48,300.00 1698 1 1688 2 MAHANEY INTL. a'.• i•.' ALTEC IND. $ 36,377.89 1689 1-4 DALLAS PETERBILT $ 28.873.00 ; 890940.00 1689 6-8 DALLAS PETERBILT $108,537.00 1689 10-12 METRO FORD $ 43,231.00 1690 ALL VILLAGE FORD 1642 ALL $ 61r376.00 ~j t,.SENIOR ENGINEERING COMPANY 35,622.00 a rrP,"~I+, SECTION II. That by the acceptance and approval of the above numbere3-items of the submitted bide, the City accepts the offer of i the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in + _ accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Aid Invitations, Bid ,y,r Proposals, and related document w f 9 i SECTION III. That should the City and pe sons subm ing approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto] provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Sid Proposal and related documents herein approved and accopted. SECTIOIQ IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in I accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall bocome effective Immediate its passage and approval. PASSED AND APPROVED this day of , 1444. I BOB CASTLESERRY, MAYOR ATTESTi ' JENNIFER WALTERB, CITY SECRETARY ' BY I APPROVED AS TO LEGAL FORMI MICHAEL A. SUCEK, ACTING CITY ATTORNEY ,I i BYS i ADVANCED ■IG B 111 10 NAME [Y/SUP►lll8 EMERGENCY LIFE ADVANClD i MEDICAL BVPPOA7 810 NAY[ [Y41 SUPPLIES I!Y[R/SNCY LIP/ IN DATE NOVlM/[R 41. 18414 BU►►LV MEDICAL FAGS E OF I MlOICAL SUPPORT A D CT OPEN OAT! KOVEYOEN 6. 1881 SUPPLY MlDICAL EXHIBITA PROOUCTI 0, DROCRIPT N N R / ILDOO XY N ASK. ADULT t.0 7 n. 180 ^LIDOCAIN/,111,060Y0110ML OXYGEN BING. 10600 • PA nLLE BYAIN6E 415.51 , EAaY-C COLOR No m 11.9901 100 LIDOCAINf.l'DSW 10M1t50Y1 ■AO 1 08410 AACHEALTU E1 , p 410. 100 ALOXONE.O.{MO/ML. IML PREFILLE 14001 STRING!? 411. 100 NALOXONl,IMGlM'..t Mt PREFIL LED 1 0 . . 00 YAING[ 8.070 j CROVTRACHMAL 1.481. 100 SODIUM SICARS 0.41,10"1 /OM[O t 1 1.{i 01 ? A 1 { 0 ►R PILL[D SYRINGE 01.800 1 4- + { as. 80 AD[NOCARD IV SMO.IIL *ML 811.100 44. 10 NITROLINGUAL OPNAY 8841.870 3 1{, / 10.{ too on. too NIPSORPINS CAPS /0MG UNIT D08 10.5110 j t 7 I Too 418. 1 AC710061 CHARCOAL 1150M IIOML 1.0410 1 f 1. 80 TETRACAINE KTDROCHLORIDE./lea t 1 11.0 ►HTNALYIC SOLUTION A%60TNETICrt i-- _ 8{.070_ 7 1 7.1' 11. 10 A21CON,OAYGlY t,1YL MULTI. DO! i 4081 PRO A- -a 0 1 A 105. 00 V 40 ME PROT 1 5. VIAL :01161 1 1. 10 LARYNOOGCOPE BLADE.- MAC. 412 11TTT~ 00~ 70. 1'0 ARYNG 8C ► SLAD MAC. SZ t 0 10 CID SYR LNG9 ON LT .11 71. 10 LARYMOOSCOPE /LAD! MAC.4128 81' 0.800 741. 10 LARYN M OP A [ MAC. Or 4 {8.000 78. 10 LANYMOOSCO►! 61,A05, MAC. o20 155.1001 T4. 10 ARTNO SC 0 AD A11L. S2 0 .11 _Q 1.0 Q i A 70. 10 ART 00D P LA [ MIL. 2Z 1 251.000 8. 1 AAYNG /DO►! SLAOS Mik. OX t 415.8 0 77. 10 ARY N 00 S C 0►! RAOW MIL f1. 00 S{f 0. 1'i 1 ARY ► SLADE Mlt. 62 s .10 j! 87. 500 GEhYU1L COLLAR. [10T LAlRDAI 1'S. 10 ARYNGQSCOPS AANOL! AO L C. 141.01'0 1 # YQ- 5.41 4 $0. 10 L R NOOSCOP! HANDLE, FED 5 . 7 1S{S1 Q] 1L 06 LARYNOOSCO►! SlA Jt, MAO. S2 I 199 I CU c { OIB►OSASLI P./!A OPTIC 61.400 88. 5o ILARYNOO/COP! hLAON, MAC. %S o , / L w OU►OSASLF. FIBER PT1C 0.1' 0 u et. 00 LA1YN00SC0►E SLADE, MAO. S[ { 14.092 OIS►OSASI.! FIBER OP IC 41 0 1 W 04. 5o LARYN:C:GCP5 SLAGS. MAC. S2 0 A OISPOSA l[ FIBER OPTIC t 800 `wL7JT1 4141. 410 LARYNOOSCOP! /LAO[, MAC. 92 1 1.5tl0 VISPONAILI FI A OPTIC ' N 41o LARTNOO/COP! SLAOE, MAC. S2 t 1 D AI ! PI OPTIC 0 8/ 80 LARYNOOSCOPE $LAOS, MAO. BE 5 DISPOSABLE FIEER OP TIO 1.4100 j SYRI 0 i.1' 0 Be. I* LANYMOOSCOP! HANOI ,ADVl7. r I 1. 10 LARYNGOSCOPE HANOL[.►EOL. 1 11' MKTA%. FOR DISPOSABLE SL D! ! lYFe Y •I 0 41.41 414. 100 COMPRESS COLD, OI/P Sit 141. 0 4 fl II COYFI1f5S C0t0 01/FOSASLB 410,/10 ICF- 1 N. 150 COMP !SS O7 OISPOSABLI Scale TWO PIUMP 1. IS VINE BOARD, FAO-LIT! WITH TEN H 1:10909,19116.81 SA'. P1145ORAN OR ftf U., N l Y111N .l00 i E It i; d+61.AolY+V.:S►Y.JHIkNlM MOWN't{W WN[w/+'A0I4krfi6ilFY>II V WIN i DATE: Docember 20, 19% CITY (',OUNCIL REPORT r Ag~~ p'a't;; TO: Mayor and Members of the City Council Dalle -Ail FROM: Lloyd V. Harrell, City Manager u 47b 121 SUBJECT: BID #1681 - EMS SUPPLIES RECOIOMDATION: Council approve award of Bid #1681 --EMS Supplies to the 2 overall low bidders meeting specifications: Emergency Medical Supply and Advanced i Life Support Medical Products in the unit prices as shown on Exhibit A for an ii estimated annual expenditure of #65,000.00 I SUWKARYs This bid is for the price comparison of emergency medical supplies and 4 pharmaceuticals used by the Fire Department. This agreement will be fora one year period %ith an option to renew based on the bid's original terms and conditions. BACKGROUND. Exhibit A. Tabulation Sheet, Memorar3um from Mike Sessions, EMS Program Wager. FISCAL IMOACTs Funds for these purchases will be available in the operating „E budget o t e Fire Da !rtment Account #100-C60-0083-8106 with a current appropriation balance of $65,000.00 i Respeo y submitted: f L d V . arrell City Manager E Prepared By: i Name: Melanie Harden Title: Buyer Approved; Name: Tom Shaw, C.P.M. Title: Purchasing Agent ee.aaome i i .I. ~i a•eri~ 1 I I/ 1 A0VANCSO PRO I SIENTAY UNITED IDIAI O'. LIP I ~O [N0 O RMi/A a' I afrY MLUPPLYLY YE O'CAl LAatER L MOORE OIL PRODUCir SUPPLY LACED ~PRODIUCr{ PHARMACY t"i COMMUNITY 10 NAME EMS IA INC PRO CT N FbOR, N i t.ifD %e llfa6 Ni Llai f0 ft0l 1.4001 =~r1 1 340 -1~~~•{ BY N MA K D t 1..°° ♦•~od'~lr'.~o° o- li D L 00 N - a 300 !o aeo yo a _ D a•0 _ _ o s o w v_o soo Rio O~~ f1ilo00 _Mts{Id N_O SID Ti3ir-TI_too fio00 xlLri~ ii~lbo N A u a t • I.~SO - ♦ { fa.o•~ s {t s• too 1"--a- o~ N t♦ a • _4a oaD ~ t r t~'-~.+R}o ;a o00 , ~ li too N u -3Liu ~f, s_•c _-},+_t•° It •°Q t4Q.__ _ - ii•o ~L no !T_334 •i 060 1Tst T-' -t, !a i>r.oo9 w _,b w _r 10 0 TN iAA w u • o - 1010 ,03 TN 7+ N u Dom fi uo r1 i3D ~04,338 a o•o ~ 1 •a4 , , T oodd~ ti _ T6 ~i fob , ` ±o Itid _,_S N t -TS-:So__ T s~J° -,boor wg'--T- Ies.~_ii° iaooo 'N2SFD s1400 _ _ i, loo IFSo c« uea a D ~y. f,,~ao l~ $so =ir4 ►s _ r _114 t0y__ _ "!w A N AL u • u~, ;1,450 /sot IN 1. 931 -i' •00 1.• ♦ f1. 200 o ASe is .3 3 , its •To:~.~00 _ fa 7.sso ~---'NT _ 07o il•. 4 I l w qlO il. pe _ i so-`...-- 1 A «L slf ♦so l~i:°•~°o --l~fy'--~--'-ii3:"ieo i;t bae /1~ wo a 4se rat 0 , 14.10 14 56D so v •30 31 sso K ti N r - I A " s_ f+o`w-- No _.j~J 600 00i r- #a D 1r_ ! N MN I " N A ~ sob __Toiaaor l"a.o 1i8ooo' 41 1y3o „3614 D _y't N t A - - + _ Ts~~~id t"- 11 33d_-iTfJ33o' N6a b i~ • i 1 low 1 N f 1!1 3 600 ' f i la T 7+b VY4 ( Td'i3iF-"-17ra't N + `i33T0o 600 °+J-iTo r_xi _ w fla•a•o 1140 00 ;oafoo' Ilf.oo _ 5 J-_ ir•-r6 ID_ 1 ' A „ i♦gaso~_ 5.e 3 N ,~yy, Ni- NiTo'-~'_Zi1,1Ze 11000.__ i of _ ~blelb__; L w.tr' aD., 0 173 31/.uo w le n fo vo •0 10o r •0 ,•i~+6i, , ILA T+i- _ a plD r o" o I cod' 3"i3o'HD-!rD 151 - v 6'v I ° i.e00 Nr io Ns i7 4 - si aac -Si o00. so? AR IN ul _4333D s,°ro N_ , aw Y,aao a o°o - 4.. eq,y~ ~ i~r A N I N L , a♦s° •s ~ e - N ,b a3a° : a boo Hb e3 as s0o TRNJV °0 ~ _i---ii X50 Ia r~1~- _Rp- _ Tt.~O--i ii •i'°~ ilii0d~-~..df9a~ 1 f f0. 1J 0` ----i7Yl RA L IN U IN A Ii'T' 3 3d -i3_ 3 1 io: A o s 1 _ a,", 0 etoe ~e - "°:.f _ w 1 L, r fi.♦io o,ioo_"'~7r Two- ~i ~30 Y,A ! A M e. 400 OLr1YlAL COLLAR, EKT LAEAOAL fl{00 {3.710 N1 rtl.la0 No f0.tso 33.840 38.400. NO i00 x7.00 NO-NECK , s. 0 .t t4, t .f tltfa 1214R~l 8.4'O D I I. 5 1 0 3009, NO 61D a •1 ,K _ NO 00~ t 70 N N N it ID . N 4 - NO 000 L i t N I N in 4.140 N 1 .30 w0 t1 f 1 a .4 4 OS 11 oil 1T6i~i F -~d ° - . oo r.as a.re° r-ii• o 440 - a 4 3 .4 i~ 30 NA' ff io,D~o~ 0.1` ~0. ~±~pl ;°ro p=po t5..ot• f~N t WID fio~so I N I a to • • t .HO a 1 3 4 $'`ii ° fTd~_ ! %-r450 0 Np` 1, a0rr~e O Vii, 1 ° ' I "i 2.♦ 0 9300 f• 06 t.f 6 odd o 3060 a ro N i1 t As. 1 !.6001 10 900 ° SO 7 ♦ s N +ao3o° f S--iToo 1 t 44.04 14 N 0 8 I 0 O N p to 4 I 'I 1 f 0 I 4 N ~._}.!'Ds.1 µ ,030 N ~NJ LIO i 7. N ii II 4r, I ,1 1 L I L NL 12 . 050 4 No Ba.Re0 ke NO LID NO 910 1 fa. 11 311.711 I ND iID /YRINO! 'R 4- NO DIP. I N $1.680 NO lip A I V µ 1 Ilr N 1 -PREPPIED { I{ Sy IN L Iwo E,/f0 Ne lre,r Ni NO SID N e'0 60. 10 18.110 1{0 b E bo NS E N 4 i I O I .,t-- j ~ IN ♦ D ° » 0 Nil ef.rp NL {a.ef0 N1 NO Soo NO HO If 360 t1 41/ ` YO SID i 1 ` PRLfILltO TRIMD! 1 1 I 4' , • CCgA I w.~.. •!e-.•~•.~_...___' YWOaii~]N4 YV4iY$VO;ix..4e4.M I l 1 M 1 0""Fal f%fal ADVANCED 1 CID NAME EMS tUPPLIES 91106111164f icy LIFE OAXTEA MOOR! $ENTRY UNITED PRO MED ''E MERO ENCY COYMU N1IYIARYtTROHO I PAGE ! OF 2 MEDICAL SUPPORT MEDICAL MEDICAL MEDICAL INC A MEDICAL PHARMACY I III O0E11 DATE NOVEMBER[, 10$4 SUPPLY PRODUCTS CORP PRODUCTS SUPPLV iPRODUCTS INC R K7 irT N COKE I 11; --y-INDQ Of. 100 iIDOCAINl.1 i,100Y0110YL I A FI ! RING 436 fIJ00 NB lip J05 NS NO 1 NO SID N 1 I t1.77a to is 8*0 NO No N ~~-N I a 1 1' a N NOR E... 1 1 0 ST f B- N 1 L, t L 00 SYR1N b! NB 3.400 Rb $a Rio Nb RIO NO ID NO BID •.740 NO BID 1. f 1 , ~I SYRI 0 NS N he NO N I ■ID NO 810 8100491 N 1 • ODIUM I l0 PREPILL90 tYRINO! Nb 82200 NO 92.610 NB NO 610 NO BID NO BIO 417.4Oei NDBIO a I of Ij"Jj' MfjjOrAA0 IV ML Bill. No WW_ I - 3.070 N I N I N 1 _ {7 1 I 0 IT, As e0 0 N I N I I 01U N T)~- wis t 0~, IN 10 filer it 0 N ! 1 N I 740 N B ~ Sao ,-p I L ~I 1 L A '7 a1r taf' NO BID ►HTNA 41C SOIUi~ M ANC 143!'1 N05ADo ~O.a TO NB _.~1•_n Nb NO bID70 N 01070'-HO: IO r of•'-__- ~C~-~--rest lvar B {77, t60 NB Nb NB NO SID N N BID NA 000 No N N Flo '}ff I~TwvW5"uC p $11 660 070 {OONO Tie'- 077.4$0 $64.100. 437 000 Rd"i So "i"i37 • 114 SAW *A 2 71 If ' "1~fiir7633CaFt7 C, IZ 4 iel3oo -iio -"~t£` a3."~f3'"- .1 tl Sii' 00{30_'0"'FTK1fiD 'T)T~o3" T-5 ix 1Q___2► rN E M }~I ga_eoD f}o,a7 7$.430 s 64.Soo . Ia.4DO, $$3.000---ITo -_1T 55q ll ~1~ 1 N I A 2of.0oSyl No :7"7 id _iA YN A ` al.6oo y__. NS _ No LA'A N A IL. f~+7_eoo ito'i79.L H3 =Nd ns}ao eTao'o a43.ogoNSlalo -ti%tob IN. •'I $55 Sao ito.IID N 07l $000 kb"~-'- E-`i SO 18300$ iuooD HBiTD` iia.ooS' ~'H~ ^ iv6L iBSi1A ab-s- 5 a7l.ti Imo'--070330' 1. 310 I 'f'f j~ L Y~N i~ 41 iZ • sa, oo ~~O.no N s.100 n a7D 2104.050 2 Do N n _ ^ 3 PST_ i~'t~ YN E lA IL. 2~ _._77000_0 00 a7D N f70•.al a1 /0.610 Fla 000; __183 )00 I f 70 _ A N L 77 770 _N7100 77J00 7a 350~H38T Ie7 as0 01.H0 ti.aa 7 .760 ~t4,aCO~- i/3iTO ' 7af 300 7 0 A Y A L 0343 d 1 =7 ~ •0.600 NO b10 i $2030 ~ I DISPOSABLE FMEA OPTIC $0.600 43.$70 NB 71.000 NS NO BID 43.4t0 as. 10 YNOOSOO►! SLAO[, MAC. 82B i DI•►OBM IB! OP,u tic 4 Sam 13 goo NB 77.010 IB NO BID 13.4601 • .aDO NO SID •71.•60 US, 1 I ! A F R Q~XIC aJOO la.t No 7.060 NS__. _ NO BID 13 at)* NO IO 62 770 i ,1 =1 _NQO0COPff MAC. 0 -_i HP GAOL! !16[ ~D/TIC 2.$00 $1430 NS 7.000 NE NO BID 3.411 17.900 i NO a10 1.070 so ~LAA TH 090 t► B CA O 71 1 at I'D 01 11-440 N 13.0 NB I 14701 7. H I _ Sam N I I~7 -00 1 FORA FN A TI ROj .430 43.00 NO I 3.4 1.6001 I ~y it 130 I I I [R I 10 00 N N BIO F2 Sao 1 l L . ' I 43S 00 SIO 110 S00 MITA11. FOP D► A EO p f 0 l a7 S 4~~-r y I $0 Pharmuk. METAL FOR Oltl! t Lb ADlS 76.270 07.060 we NO NS NO BID file't NOOID NO 10 813060 1 1 .17 1 0 I 0D I 1 .4 t s 7 .4 No 40 0 0.6 0 4 1161211! .I PIS Nis? I SPOSAA 1 0, Zia 0 o RISC P49 o I. ' MR D SEA Eam =W3161: 1 011ANOE I 1U 6A00 1 7.060 ■ B NB H SID 17fA6D 1 7. • V B,7_ L_ 1 0 It Is LIVl RIL_~ Y i DAY - Y 7-14 YS Y -7~lLs f. RICES FIRM PRICE FIRM RIC~NO 000 . OR 00 OAYB NTIL 1-0-9• THRCNON OD ti BVC, I 1 1-1-ta E NO. TO OROEAS - ~ qo 9 I r0- OU' -T Ill t`Irv r.... «.li hN-.u~. ............r...~...~wn a« w-r'~t.:eMM~fY✓MM4MYiIY11~ Y 1 Try riana~ RECEIVE) CITY OF LINRIA AIIR.sIt,S 1999 KC -9 ki Il: 35 J MEMORANDUM ~gen4aNo` Use* A~~~iail5 1n b/' Dat spy Ton Shaw, Purchasing Agent ~~u ? 4 U-Ab TROMi Mike Sessions, EMS Program Manager j DATSI December 8, 1994 t SusiNTI EMS Bids After studying the bids on supplies it is my recommendation I C that the city award the bid to Emergency Medical Supply, Shepherdsville, KY 40165. The exceptions would be the pharma- ceutical portion, spine boards, and headbed Ii which the City of Denton should purchase from Advanced Life Support out of Austin, 1 ,Tex6s. Thank you for your fielp in this matter. MS/lh ,i Ft. 1 a r 1 J I i.+w+roy DATE: DECEMBER 202 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager kw'aNo r SUBJECT: BID # 1687 - RELAY TEST SET d~~?~~d f& R DATION: We recommend IW, this bid be awarded to the lore bid, AVO Fa t re total amount of ;48, 300.00. SUMMARY: This bid Is for the replacement purchase of a Relay Testing System for j use by the Substations Department. This Testing System will replace test equipment purchased in 1969, which is used to maintain proper lest and calibration of all protective relay devices In the substation control system. Two proposals were received in response to six bid packages mailed to vendors, BACKGROUND: Tabulation Sheet, Memorandum from Denny Scott 11-12-94, Public litYl d Minutes 12-12-94 recommending approval. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Substations, Utility i Customers o the ty o Denton. } PI3CAL I1lPACT: Budgeted funds for Electric Substations for 1995 Account Number - 32- 0339-60-9232-CTESTOIA with a balance of $65,000.00. t ~ iy~F'r t f Resp Hy s tted: '9 y r 1 t L Yd Her re Cit y manager Prepared By: )A~ 4, , , ~ ame: De se Harpool Title: Senior Buyer i Approved: j ~ ?4 Name: Tom . Shaw, C.P.M. Title: Purchasing Agent $54 KOWA ~.wxt ■ no, 68 rlD NAME RELAY TEST SET AVO TEMPLE TECHLINE INT'L EN DATE NOVEMBER 17,1994 RT~ff 1. 1 EACH RELAY TEST SET $48.300.00 :88,928.00 NO BID MANUFACTURER AVOINT'L AVO ' MODEL # 10E3TS0--1180 10E378N--1180 ' PULSAR WARRANTY 1 YR FROM 1 YEAR DATE OF PURCHASE r i t { Y j 1 F r., ylj,x lij; r ~ft{ ?rf I S 1 l 'r - .......~,.n...r'+r....u.ww,.....-•--- _ ....•..w...,a...a,.Y.4n.tMXIO, 1 T ' f A 1, Anow ! ,'i a,lf DOIrYot DENTON MUNICIPAL UTILITIES / 9ot•ATexaeStreet/ Denton,TX76264 HEH6RANDUH TO., Tom Shaw, Purchasing Agent. THRU: Jim Harder, Director of Electric Ray D. (tells, Superintendent substations/Metering/Communications From: Danny Scott, Foreman of Substations s Dates November 21, 1994 It Subject: RELAY TEST SET BID 11687 fi I After evaluating the bids for a relay test set we recommend award t of bid to AVO international for the Pulsar 109MG-1160 With Pulse Master Software 010095, (Quotation No. DAL0456). The reason for ff recommendation of rid to AVO International for $48,300.000 low bid f mating apocifications. f Respondents were as follows: .!i Y. A" International $48,300.00 e 65,926.00 1a r Tec:hline No Bid r 1111 f i I .r -4171 A ' OM-13-041 TUE 10+20 IDS 1TY OF DEMON UR TH. NO:8174 6"120 #193 P02 ♦ ~9~ nda lto,9 - 12y/ ~ a PUB Ilitt"ll'Ts8 Esm" 12112!'91 Tito , 12 ~ ~,5 CONSIDER APPROVAL OF ACCEP'T'ANCE OF BID 0107 • RELAY 'I'16$T on i a~ t 12. Foliw* dba olm ud baktmnd M , fonutkp ptuvWad by Jim H~rdar~ aide a moliaa to approve W lim as Pm ULM a psi lea molloa, AB ayes, 00 *am molioa paced uaaaimot*. ' I l t : 1 { `i~ i t t J r:, is , r , y i- PiYf,902 1TY GEC 13 '44 09,21 OF DEMON UR r, ~ t'iy'.N~■yy. I DATE: DECEMBER 20, 1994 CITY COUNCIL i.EPORT TO: Mayor and Members of the City Council ~9:!(1~N9 ►Q FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 5 1688 - TWO PERSON AERL►L DEVICE ~.2 Z RECO&OM -DATION: We recommend this bid be awarded to the lowest bidder as Voted ow: Item 1. TRUCK CAB/CHASSIS W/AC MAHANEY INTL. $36,377.89 5'~ Item 2. AERIAL DEVICE BODY ALTEC IND. $50,873.00 LESS TRADE IN 100 ITEM 2 NOT WITH TRADE IN $28 873.00 89 TOTAL AWARD 1 SUMMARY: This bid is for the purchase of a 55' reach, two person aerial body with j true cab chassis. This is a motorpool replacement for a 1982 model "bucket truck" no longer economical to repair. The old unit has been offered as a trade in and we are recommending the trade in amount be accepted. This unit will be utilised by the Electric Distribution Division in the routine maintenance and new construction of the overhead electric utility distribution system. BACKS no Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution Division 1 an fleet 9: ces Motorpool Opera ons. FISCAL IMPACTt This unit will be funded from Motorpool Replacement funds ooount - -0584.9104. The current fund balance is 51,087,225.00. Res submitte :9 r t tx. L oyd arrell City Manager j i Approved: s Name- Tom Shaw, C.P.M. Title: Purchasing Agent E ,b.11Pt~D. t ~;XrWy WHRE 14-TECH PEWILT I NAME 2 PERaoN AEFAAL DEVICE 6Alyill►EY M'L Al TEC tif FOW Ta f KrL 9ALTE0 $ KrL DAIS DEi~ER 1. 104 OOL9l8 fxm i Qyyy 06,777.99 $39291 •oo .00 13390.00 $42.149.00 $0.911.00 NO BD FORD FORD P ETF~ 9.T MAZE 4900 KrL 4 X 2 $900.00 1614.00 FiB0O.OO t61O.oO 2 i 2 y1RA UT111Y BODY ~'~73.00 16097300 .0O 166.168.00 NO B D NO BD ib7.464.'JO L"AM A1.TW ALL l/YiB6ALLb1E t 0mm t?1 o d0 NO BD NO BID LVM mom AN~-70 3, TMDE W 1 00ST JO 122900.00 122.000.00 NO SD =16.000.00 116.000.00 $12,000.00 NO BD NO SD NO Be Be OUI1lfO1iT _ Ow 41' 190 DAYS ` DELIVERY 180 DAYS ~D11Y8 1 O11Y8 76-190 80-120 90-12000 ti DAYS DAYS. $0,$66tOO ' NEf W1If111IADE $000.88 $0.161.00 $74,960.118 $76.198.00 i7<.047.00 =81.pQ1' 00 .$n+6 x OR NONE _r 1 OS 1 1.0 ~t L Yn' I y . a . y . DATE: DECEKBER 20, 1994 CITY COUNCIL RVOR i Ada fro TO: Mayor and Members of the City Council Agordab ~'ZQ'G) FROM: Lloyd V. Harrell, City Manager Date SUBJECT: BID # 1889 - REFUSE TRUCKS 114 24 bid be awarde4 ggCp#Q~IDATION: We t,Erommend each item on to the lowest der mee g ape cation as listed below: 89,940.00 f Bid Item #3 for a co tainerf RoIs 2 Ik 4) ll-Off Truck with automatic $mbination tarp system , Bid Item #8 (Combination of 6 & 7) Dallas Peterbilt ;108,537.00 for a Front Load Refuse Truck { 43,231.00 Bid Item #12 (Combination of 10 & 11) Metro Ford for a Container Carrier Truck Total Bid Award ;238,708.00 pUIDIARY: The first item Is a Commercial Container Carrier o It Is a motoeTWI stir of a 62,000 GVW truck and roil-off from. ci~const B es and no longer economical True =replacement fora 1986 model truck exceeding vise Oiss, d shined to cover the open top to maintain. The automatic Carping to manually cover the containers and prevent litter and lose of time while attempting load. mp a Commercial Front Load Refuse Truck The second item i This ,'0 cubic yard front 109( refuset truck lets the front load gveen dumpsters motorpool replacement for a 1982 year model truck no longer economical to repair or safe to operate. rry empty containers to • The third item Is a Container Carrie Truck rgned to to haul cacontainers that have been I new customers, remove old damaged containers elate dump site. This unit is a fleet addition. overloaded or misloaded to the approp roved in the 1994195 budget process. The purchase of these three units was app "a Mortal on We era recomtoending no action be taken at this time on items 5 and 9, p board scale systems". BACKGROUND: Tahala!ion Sheet E PRO(1RAiAS, DLPA_ RTMlFNT3 OR GROUPS AFFECTED: commercial Solid Waste Division f y J COUNCIL REPORT AJ!!~3;t9, DECEMBER 20, 1994 PAGE 2 OF 2 C?~i3 _qC FISCAL DtPACTI The funds to purchase item 192 and 3 will come tram toot oap orpool to expen tore funds account #720-025-0584-9104 and y department over a 38 month time period. repaid b the using Respeotf y submitt EE o Harrell i City Manager Approved: Name=- T,;m S w, C.-M. Title: Purchasing Agent 3 NLY1~p11 I I i r :y s t I it ' I k~l 16 6 WHITS WHITe sac CTOWN WHIT{ GYO GMC 1 DALLAS METRO MAHANAY VILLAGE SOUTH- D HAW It PEFVSE TRUCKS IN1'L Folio IE IN GYO TRUC Kf CO FORD GMC ILI ►l1E118 FO110 EOPT CO TRUC KS TAU. K4 C 1 I FIN DATE 010[MSIR I. 1861 1 {{.000jM1NIYV M) 4lD,T L7.00 NO 1560 NO 610 NO SIC NO BID NO 610 NO SID NO 1510 NO ND /T 7,651,00 I TAUCACAMKAS51{ I MFG ►lTERBILT MODEL 1 ! A R.O CAL MCA AVi MOLL-OFF FRAM[ WITH AIR BID NO 610 616,100.00 114,400.00 NO SID /t6.074.00 NO 1510 NO I { / ACTUATED CO NTPOL{ ftS,T06w NO 610 NO SID MOOfL 11.0 AL NIA A ITEM I AND! 476.140.00 NO il0 NO DID NO BIO Isms OMC WHITE OYC $0GNC 00 164,16/.00 NO 1560 OALBAA TN S. 1 COMSINATNfN TRUCK { FRAY! OMO OYO j 14TlASILT ACCV RATE CONVERIO GALBRAITH O f H MODEL D S N MFG MODEL 1oe.w w 6 0 6 oa6.oo 0 600.0 NO SID 0010 NO SID ALT. A TO MPI TEY 4000.0 8 0 7 ! 46. 7 1 BI NO 1 51 1 1.00 I 10 NO SID ro 1560 STY 4*1 00 i I OMO NO 810 NO • 1 TRUCK CABrOHM/A ,y L NO LID NO EID NO 1510 NO BID 1X61 ' 1 11,000(WNIYUM) 864 I TEAT ~ MFG PE 1580 MODEL 7 PAK NOR T, 1 OCVSIO TO F4'OT LOAD BODY r1i0GEPORT NO SID NO SID NO SID • Fl 0600 NO BID NO 110 NO ■10 NO BID $11,6/1.00 !Z PACK 11,111,1940 MODEL A 15TY10 OMC 00 NO 1510 11 GY COMGINATION TRUCK 4 BODY NO 1560 NO ■ID 117,164,00 6114,6/!.00 NO SIG 117,464,00 1' 1 ITEM 4 AND 7 6106,571.00 NO ft0 GMC GMO G MC PAK MOR PAK MOM UFO RZ PACK RIODEPORT S MODEL UFO MODEL U V A A.M. A NO A DAY 46 N 14 .0 0 ID f 4 OA 11 10 11 f .00 g1,S58.00 T 688,014.00 S7E,004.68 /84,416.00 OYO OMC Folio Pass 10. t RVCK CAS CHASSIS 11000OV ,W 111.w0.w 117,040.00 LIV A M. C HOAR OA S NO BID 50 666.00 w-6D0DAYS FORDF R0 NO BID GYC CONTAINER CARRIER 614.464.1! 614.16/.00 416.155.00 'r... r 11 1 MPO NO SID O ! N O 6 N 0tH NO 1510 NO BIO ALSMIATH 0 S H GALBAAITH GALBAAITN MODEL A.F . CA N AR A 1 8,4/1.00 i~4 OMOIMATION TRUCK AND IDOY NO SID 1p./11.00 111.15/5,11 145,411.00 NO SID NO DID $44.1 O 010 StS,E01.w tE / ITlY 11 AIi V •p DATE: DECEMBER 209 1994 CITY COUNCIL ggpOaT TO. Mayor and Members of the City Council FROM: I1oyd V • Harrelt, city manager Agv',d 11m_i~ SUBJECT: BID #1690 - UTILITY POWER SOURCE TRUCK lbi02-, ~i'f~~ west bidder ATION: We recommend this bid be awarded ~r ~tndi the tio uer for a total sward _WM Roe mount of =60,778.00 plus the optional of $619378.00. SUy~Ry; This bid is for the purchase of a truck cablchaesis with utility body, j unit will be utilized by the Electric Distribution ' generator and hydraulic pump. This we are utilizing F power electric and or hydraulic tools as well as welders.Ugbts and down 3 Division to a tric drill . hole ventilation in and ground or is bucket truck to power Currently an of i a source ~ckhoe to power sma11 hydraulic will give the department Ole, The acquisition of this specialty equipment + power for construction and emergency situation. The Utility Power Source Truck is a fleet addition approved during the budget j process. j BACKGROUND: Tabulation Sheet 8 OR GROUPS AFFECTED: Electric Distribution Division PROGRAlt3 DEPARTI~NT z o Denton ti ea. I ' m 1994-95 budget funds, Account be funded fro Huai 60 103=1031.4 60 8811 f ' 1 i 1 1 *uzy sub t i arrell er t Approved: '`-M, 1 Na Title: Purchasing Agent IRIANP ~W ARMY low ' EIDNAME UTILITY POWER SOURCE TRUCK MAHANAY UEC VILLAGE METRO COMM'L INT'L EOPT FORD FORD BODY DATE DECEMBER 1, 1994 CO 1 b 1 UTILITY POWER SOURCE $62,424.69 $76,474.00 $60,776.00 $62,766.00 $62,809.00 } TRUCK OPTIONAL A/C $800.00 INCLUDED $600.00 INCLUDED =484.00 a DELIVERY IN DAYS. 90-200 160-180 90-180 90--160 120 [RAYS s, DAYS DAYS DAYS DAYS ALTERNATE BID $69,682.81 tJ N x'r . ALTEC F~ rr I 1 E x. t; Qu it I,. f k . A, f. ••~.`."~••++.rw,~ircliA\`\pN.i11XN1Mw'M~1AtJ.AM/LILL'\^t'14 FIM'A~n..., w.r.wa'M1N.fiaWb I ' h r 1 y r t~, ,I i r DATE: DECEMBER 20, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council r o Sq-tl u 1 I ;.la1A FROM: Lloyd V. Harrell, City Manager 021 SUBJECT: BID # 1692 - FEEDWATER HEATER TUBE REPLACEMENT I°i co R6COIA03NDATiON: We recommend this bid be awarded to the low bidder Senior Engineering Company in the amounts Listed: 1. Retube $32,322.00 2. Additional cost per component 1-3 $800.00 each ' 4+ $600.00 each (5 estimate) $ 30000.00 3. Supply channel to shell gasket $ The total estimated expenditure for this project $35,622.00 3UlOtARY: This bid includes all materials and labor to replace the tube bundle and repair or replace tube sheetlsupport elements in the Spencer Unit 4-3 feedwater heater. This unit has a history of failure in the past and repair will minimize the possibility of damage to the turbine or boiler. Three bid proposals were rfceived in response to five bid packages mailed to >5' vendors, BACKGROUND: Tabulation Sliret, Public Utility Board Meeting Minutes 12.12-94 reoommerlds approval. PROORAMS DEPARTMENTS OR GROUPS AFBECTED, Electric Production, Utility Customers o the City o Denton. FISCAL IMPACT: Budgeted Funds for Electric Production for 1995 Aceount #k 610- r. o -10 l-5140-83390 with a balance of $294,465.22. ully ssubmVt : o smell City Manager Prepared By: D Names Denise Harpoo t, Title, Senior Buyer Ap oved: { dame: Tom . Shaw, C.P.M. s (1 lac^.srV P ~ wn~ 1692 ID NAME FEEDWATER HEATER TUBE HAMON YUBA SENIOR BUNDLE REPLACEMENT POWER HEAT ENGINEERING i PEN DATE DECEMBER 6, 1994 SERNC ES TRANSFER CO. {(t 1. 1 ETUBE FOR SPECIFICATIO $39,964.00 $42,360.00 $32,322.00 LESS ITEM 111.138 l 2. 1 ADDMONAL COST PER $850.00 $1,200.00 1-3= $800EA i COMPONENT TO PERFORM PER SUPPORT 4+=$600 EA { ITEM i1L13.8. ,`ss ASSUME MAXIMUM OF FIVE' SUPPORT PLATES 3. 1 PERFORMANCE OF $23,578.00 $1,800.00 $7,585.00 SPECIFICATIONS i III.Br1,2,3 & 4 AND III.C IF APPLICABLE 4: 1 SUPPLY ONE CHANNEL TO $260.00 $200.00 $300.00 SHELL GASKET J 1 DDITIONAL REQUIRVMENT YES YES YES ENCLOSED: DELIVERY 12 WEEKS 140 DAYS 120 DAYS I ' ....w,o.v9aw,wrhiWwfWVIa"~1YlWMliia.IR " .---..w+r..rr•W.YAfYtYMLiWiTi Y.R.o'YIOII`M4Y.94.1i']1FYWVJWtt.YMV'A/rl++.wYW.•••••... 1 •l ~ t 1 yM wa t._t - G , 21021 .r PUB MDR= liieeipt 1=/1344 14. CONSWER APPROVAL OF 4-3 FEED WATER MATER PMAfR ! J Falfms6~ewedise "ImNA,awry~ikkVnodIsfematbs pm tLe 4,3 Feed suds a ON" to approve $ded by AN R04W- S~BphCs wore: Sates Rs"tr. _Qks vxotaded t>te seo" AU ryes, .o sari. ~u~.• f t atNks. P"w J .T "1 6, ,r r r t f ffffff Y 'na f Y ~.y le _~1a i 1.1 ~ f, 1~r. , i0., j.. ~r•'. r i j i s ~kti FI 1Q t?l /I eve al Rilt> 9 1 DENTON ooanoooQOaoo~ 00 O n ~ 0~ J Q p ~ p Q 00 oaa oopp D 4000 CITY COUNCIL r i utM I ORDINANCE NO. i I AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFEL7IVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the I items mentioned in the above paragraph; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs E I SECTION I. That the following purchases of materials, equipment or supplles, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 516S3 RAN= SOS?7 M INC. S 46,900.00 I i SECTION II. That the acceptance and approval of the above items ell not constitute a contract between the City and the i person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 111. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. } • riawy' i i , ~rw ~+go~aVo~ j Apdatt S $ i Date La- ~v9U tO~, SECTION IV. That this ordinance shall become effbcctive immOdiat~ ern its passage and approval. k' PASSED AND APPROVED this the day of , 1994. ,r BOB CA$TLEBERRXe MAYOR' ATTESTI ' c JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORK: r MICHAEL At `BUCUF ACTING CITY ATTORNEY e BYs , J f f a 3 zm i DATE: DECEMBER 20, 1994 } CITY COUNCIL REPORT j TO: Mayor and Members of the City Council Aaaadaw -P Q FROM Lloyd V. Harrell, City Manager AaSS13l19fFl_ 5 ,n J b Q SUBJECT: PURCHASE ORD-U #51653 - HANSEN SOFTW..RE INC~.e RECOIptENDATION: We recommend purchase order #51653 to Hansen Software One. be approve In We amount of $48,900.00. SUMKARY: This purchase order is for the upgrading of our existing Hansen 1n ormat on Software. The system upgrade will only be for the sewer system portion of the (IMS) Information Management System currently in use. It will provide for 1 moving the system to a Unix platform where it will become a part of the City's GIs System. This integrated system will allow the utility to take advantage of graphical queries and consolidate multiple data bases. The City has utilized a portion of the Hansen Software for the past seven years. Both the Water Distribution and Waste Water Treatment Plant have used the system extensively. Compatibility with existing system is critical and Hansen Software Inc. Is the sole i i socrce for upgrades. Due to copyright protection, this purchase is exempt from the bid process. (Reference Chapter 252.022 Texas Local Government Code). Public Utility Board recommends approval. BACKGROUND: Purchase Order #51635, Quote from Hansen Information 1111 Technologies nc. E PROGRAMS DEPARNMS OR j?S AFFECTED: Denton Municipal Utility Water/ 'sate Water Division. FISCAL IMPACT: Funds for ►h.a system upgrade are available in the 1994195 u get under special services account #625-062-0472-8502. 1 Respectf submitted: F 'A Loyd arre City Manager Approved: i N&!.e: Tom D. Shaw, C.P.M. i3 Title: Purchasing Agent i i A'y 1r P.~wny l THIS IS A PURCHASE ORDER NO: 51635 CONFIRMING ORDER This morbsr must arpear on yl (IF MARKED) invoices, delivery slips, Cases, DO NOT DUPLICATE L Ctns., boxes, packing slips and bibs. Dale 12 12 94 Page No. 02 Fle4 Na Bid Na CITY OF DENTON TEXAS HASING 7620 08 1 71 8 3-7 100 O1 90 1FW 11111A61 STREE 67-0042N FAX 8 N382 46192 354 1 VElg01i HANSEN SOFTWARE INC (DELIVERY CENTRAL RECEIVING S50 Kam 1745 MARKSTON RD ADDRESS W/WW ENGINEERING 3 AnORESS 901 TEXAS STREET SACRAMENTO CA 95825 DENTON, TEXAS 76201 BUYER IS TERMS VENDOR NO IiAN52002 DELIVERY QUOTED 12 30 94 F08 DESTINATION kr. to"s 71 1,500.000 1x500.00. 004 1.•00 EA VENDOR CAT. i N / A MFG NAME } ! CITY t 20582 DATABASE PREPARATION f 3 3,000.000 3,000.00 005 1.00 EA VENDOR CAT. t N / A MFG NAME CITY / 20582 PROJECT MANAGEMENT 5,000.000 5,000.00 006 1.00 >3A VENDOR CAT. C M I A MFO NAME I CITT / 20592 ANNUAL SERVICE AND MAINTENANCE 10900.000 1,900.00 ~F 007 1600 EA VENDOR CAT. 1 N / A MFG NAME CITY M 20582 OUT OF POCKET TRAVEL EXPENSES. P OB TOTAL a 11,40Q.00. OR ND TOTAL t 401,900.00 371,000.00 . 8502 2 o47 625 082 51000-00 0 02 625 08 8341 2 0472 6,900.00 620 081 0463 65P2 1, a W.u .Ar,+~., 4wtn/,l Tu pp~~yy ; `7 1. Terms Not 30 r ~ r. * 1. SOW V*W Mw10 %ol1 Itp tow to". 1, fihi!ling insvat onx F.0.6 Oettinatian preprd IUN.n .n.'. u y.aa;b~ 6. No federal or state sale 1,ax shell be included in prices billeti. ~r 1 ry 1Ni'~ f IR j I i~ r 44 room PURCHASE ORDER NO: 51635 THIS IS A CONFIRMING DRDEP, This number must appear on all (IF MAFiKEdI - imoius, doliverY slips, cesea elns, boxes. . pac pecsinq slips end bass. DO NOT DUPLICATE Rea No 84d No: Gene: 12 12 94 Page No. 01 i CITY OF DENTON TEXAS 1 901-8 TEXAS STREEf 7620 08171 83-7100N D/FW METRO 8171 67-0012 FFAAX 81 /382 692 354 VENDOR HANSEN SOFTWARE INC mw/ 1745 MARKSTON RD DELIVERY CENTRAL RECEIVING S50 /IDOAESS ADDRESS W/WW ENGINEERING SACRAMENTO CA 95825 901 TEXAS STREET DENTON, TEXAS 16201 VENDOR NO. HANS2002 OELWERY QUOTED 12 30 94 FOB DESTINATION BUYER TS TERMS t MOUNT i d. r C v a' , a 7107 ^ a if 001 1.00 EA VENDOR CAT. # N / A MFG NAME 26,700.000 26, 74 )0 .00 CITY # 20582 HANSEN APPLICATION SOFTWARE f, 1 - IMS 6.0 FOR WASTEWATER (UNIX SERVER) i 1 - INS 6.0 CUSTOMER SERVICE (SERVED) 3 - HANSEN W111DOWS FOR WASTEWATER (CLIENT) { 1 HANSEN WIIIDON REPORT MODULE - AWL DISPLIY AND QUERRY RIT FOR WASTEWATER i` 002 1.00 EA VENDOR CAT. # N / A MFG NAME 8,400.000 8i 400.00 'CITY # 20582 ORACLE ROOKS FOR ISM R86000 MODEL 370,SERVER, ' SQL #HET AND PROTCAL DRIVER j b115 3 . 3.00 EA VENDOR CAT. # N / A MFG NAME 800.000 20400.00 CITY # 20582 TRAINING WORKSHOPS 4 GE TOTAL t 37450..00 v r' , 4 l , h BY 6 Opp ~ I Terms Not 30 eIN.., .lnriu renfi.U y „ ' Mrs f#;pm Cagy.,' 3 d. Snipping insttucliont FA& Destination preped 14.'....11.-r. gnewet ^ 4 4111 Aae S. No lederi or suns tales us sAeN M included i rclissulp v sidA e ekes filled. t, ra ti q f >~Ye~s Hansen Information Technologies, Inc Q fps" •~~uii~~ City of Denton, Texas b Infrastructure Management System Upgrade UNIX Network Implementation Cost ' APPLICATION SOFTWARE COSTS: Ouantdv Unit Price Hansen's IMS 8.0 for Wastewater (UN% SERVER) $15,WO t E Hansen's IMS 8.0 Customer Service Module [SERVER] 5,000 I f Hansen's Windows for Wastewater (CLIENT] 3 1,500 4,600 1 Hansen's Windows Reporting Module [CLIENT] 1 1,500 1,500 j AML Display and Query DCrt for Wastewater (CLIENT] 1 7,500----2 J500 TOTAL APPLICATION SOFTWARE COSTS =33,500 1 LESS: Credit for Single-User WCMS License (6,800) QRACLE F ttATIONAL OATAI3ArE MMAGEMFNT SYSTEM: Oracle RDBM it for IBM RS=W Model 370 Server (named use~1 8 800 8,400 SQL'Net and 1 ~P(Oocol Driver (named users) 8 260 2,000 TOTAL ORACLE RDBMS SOFTWARE COSTS $0,400 'i PROFESSIQIJAL SERVICES: Training Workshops 3 800 2,400 Database Preparation and Inltiar¢ation 1,500 Project :dsnagement 3,000 Annual Service & Maintenance 6,000 Out of Pocket Travel Expenses 1,900 ' TOTAL PROFESSIONAL SERVICES =13 TOTAL IMPLEMENTATION COSTS Hansens trnag6 Diaplay,Modub ¢'erwoftlation} $I ow Hansen'a lrrnego Capture (Per Wcrksrslio . 2,600 z ant onurd 740MBD1sk atible PC 486 CPU, 66 Mhz j RAM Drove or SVGA Color Monkor ard and (.louse YxoQaes Release 3.1 or h' her k I Price Quote 111201941 Ptice Quote Good For Ninety Days. i ( nW ~Yn 4s r~a f Ct Cr~ I DENTON 0000 a 0 ~a o 3 'r o 0 - QQ~ p P D r oa0 7 O w D • 1' 0 OO~ti ,O O~0 d q Q. DO ~ ~ t ~ 0aoa000 ooo°° f CIff CO UNCIL _l e Apdak AP* PlAeJ -4 ORDINANCE NO. O AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZINO THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE AND PROJECT FEES AS PER CONTRACT AGREEMENT WITH UPPER TRI13ITY REGIONAL WATER DISTRICT) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contract commitment to Upper Trinity Regional Water District, the City of Denton is required to pay Administrative and Project Fees= and WHEREAS, the City M&na;7.+r has reviewed and resommended that s the Council approve the paya:gnt of such fee) NOW, THEREFORE, ;S THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the expenditure of funds in the amount of ;28,307.50 to to paid to Upper Trinity Regional Water District is hereby authorized. j SECTION II. That this ordinance shall become effective I immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY BY1 APPROVED AS TO LEGAL FORMS i MICHAEL A. BUCEX, ACTING CITY ATTORNEY BYE MGM 1 i r ~ i I I z- owl a i DATE: DECEMBER 20, 1994 CITY COUNCIL REPORT } 7er4 Mp u^ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager Age ti+s i2 S'C` SUBJECT: CHECK REQUISITION TO UPPER TRINITY REGIONAL WATER Z.y DISTRICT - $289307.50 RECO01ENDATION: We recommend this payment to the Upper Trinity Regional aYter D str ct n the amount $28,307.50 be approved for payment. SUMMARY: This payment is for Administrative Fees and Project Fees Incurred in the C ty a nton's participation per contract with the Upper Trinity Regional Water District for 1995. This is a 50% percent payment of these fees. I BACKGROUND: Statement and letter from Upper Trinity Regional Water District PROGRAM DEPARTMENTS OR GROUPS AFFECTED: Water Utility Division, Water Ut 11ty Customers o the C ty of Denton. ' FISCAL IMPACT: Budgeted funds for 95 as follows: Account Number #820-081-0450-8502 $ 32403.75 Account Number 1620-082-0451-8504 Account Number 1620-081-0460-8502 $ 3,403,75 ,$21,600.00 aResUlly sub d, Harre City Manager Prepared By: ame: De se HarpooT~ 1 i Title: Senior Buyer i Approved t ; am: Tom D. S aw, C.P.M. Title: Purchasing Agent , j I r Y i Statement 396 W. Man, Su a 102 I P.O. Drawer 705 • Lewiswlie, TX 75067 I REalotm WATER DISTRICT (214) 219.1228 • Fax', (2141221.9696 S ttigsrdsA'o a i i I City of Denton An~eas~tar u~--- Slatarnert far AQn inMrsBw Fass and Project Fees 3414 i Statement Date: 1W14194 Invoice No: M11401 AdmYdstraflw Fee adnk M'Bon and plww** a "aa W Upper Y I . ~ The AdrtJr+htrriha Fee proddea for 0arrenal Trhtlr pAgWW Water Dldrld In emordente wb ),our mead wth the Dlafrtd. TM sdrttrlhe*A tea )t due Upon nalpt if you dash, W% nay be doWM to 00 dsya. , I, ~ 100%.., tt i0% iv xrtl F. kxg; 1 Y j MJsel Fees k Pra)tot Faee an based upon the FY 1095 budget adopted pytM Board of Dlrsdors on Septerr" 1, 1004 and In woordena wM your mk*d for psr"Otkn M / prded. The proud Is" we handed to room oosb naooleted weh Ow prajed and n akvYled weed on ysue MAN of pw*#dion in ttr pr*R& PWmt Is due wthh 20 days, howem 60% may be detartad to 90 dip r you dash. 1 100% eo% 141 AO f FY 4904 War Prp Fee w4i_. MAIN Inlstrad" Fee Due x,807.60 Adm l Project Fees Due 1121,600.00 , Total Amount Due Current Period $28+307.60//xxx Total Amount Past Due Total Amount Due This EM 11 $28,107.60 ~I Please Pay By. 11103194 i } l I i i RI;.CEIVED OCT 2 01994 r 396 W. Main, Suite 102 PC Uiawer305 • leOsvft TX 75067 ! ~ I~ {2141219.1228 • Fax: (214) 221.9696 ; REGIONAL WATER DISTRICT October 14, 1994 ;~nd3t~o Mr. R. E. Nelson Executive Director of Utilities Aglr,daltfl City of Denton Oi,a ~ZO - 216 E Mckinney u Denton TX 76201 Dear Mr. Nelson, with the Upper Trinity Regional Water Uistrict, all participating and Under agreements j contract entities share es cost of administering the of the District. This fee, called planning for future programs, ufation and Directors oon Septembe 1. 1994 as part of the fiscal a asa pte the Board calculated was adopted d b by ' year 1994-95 budgets. Enclosed is a statement for the 1994.95 fiscal Year participation fee for the City of Denton, which Is due upon receipt. The participation ! fee is not intended to cover costs associated with projects 4-95 budgets for the I On September 1, 1994, the Board of Directors o adoptheted the City 9 Denton and the Upper Sulphur River Water Project. The contract e j tiy Participating of i t costs to be ment for the amount tof your share Trinity Regional atrata basis. en District Enclosed os a rstate Members on a pro of the budgeted costs for the f~°clGecf the amlount may be deferred9for 90 days it you • ~ within 20 days. However, 5 desire. The contract between the City of Denton and Upper Trinity Regional Water District provides that the City of Denton will reimburse the District for the c'ostscost the joint pipeline constructed as a part of the District's Phase 1A project. reimbursed Include administrative costs. The District will finalize the costs of the pipeline and bill Denton for them separat9ly as provided in the contract If you have any questions, please call me. Sincerely. Thomas E. Taylor 1 Executive Director 1 i n.n rr• i I j i s DENTON E ~ r o00 0 F D ~ °oo oo~~ d 4A k• Q N ~ ~O °oaaaoaaoo°° s a ITS' COUNCIL I oam I 1 j NpenMNo - ~ l Ap *lt Data ' f cal I ORDINANCE NO. r AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXTEND AN INTERLIDCAL AGREEMENT WITH THE COUNTY OF DENTON TO AUTHORIZE PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES1 AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. 'THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt l SECTION I. That the City Manager is hereby authorized to execute the attached agreement, a copy of which is attached hereto t and incorporated by reference herein. SECTION II. That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of electric meters. ~z SECTION III. That this ordinance shall become effective i r t immied ate y upon its passage and approval. !~"a ~ , 4a' r. a PASSED AND APPROVED this the day of 1494. 1 to I BOB CASTLEBERRY, MAY a T"i r ATTEST t JENNIFER WALTERS, CITY SECRETARY BY- APPROVED AS TO LEGAL FORMt 7'^ MIKE A. BUCEK, ACTING CITY ATTORNEY : ` BYt { )5 X% . ltI 71 4 ~ 1 '~q r 7 a J owl Iowan I I' DATE: DECEMBER 7J, 1994 Aga~d~ No.p CITY COUNCIL REPORT Abe, d~~t~~5 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager .Z 7 INTER AGREEMENT PURC SUBJECT: CIT OIF DENTON AND DENTONCOUNTY FOR POLI E SING SEDAN RECOMMENDATION: We recommend this ordinance be approved for the continuation o the eooperat ve agreement for purchasing of supplies and services between the City of Denton and Denton County. SUI~IARY: The authority for one entity to purchase for another or for one entity { t- back" the contracts of another is permitted in Chapter 791 of the Texas r ` Governmeat Code, the Interlocal Cooperation Act. Approval of this ordinance and continuation of the attached interlocal agreement, would allow the City of Denton 'to utilize Denton County Contracts for supplies or must be followed,tioa he stricadvantagoous to test biding procedures of the entities Interloeal Act t At this sic time our intent is to "piggy back" the contract established by Denton County or the acquisition of Police Patrol Sedans. specification and solicited In November of 1994 Denton County established a minimum ' bids from numerous prospective bidders. The County received nine responsible bids. The lowest bidder was Five Star Ford-Hurst in the amount of $15,084.00 plus $556.00 of options or $15,640.00 per vehicle. Total award for our 13 vehicles would be :203,320.00. This is $587.00 less than the State of Texas bid for a comparable unit (;15,671.00). Adding to the importance of approval of this Interlocal agreement extension is the notification received in November 1994 from Ford Motor Co. and General Motors Corporation that they will not except orders for police sedans beyond December 31, 1994. Our normal schedule for bidding police sedans Is In February for March award by ' ; Council and a May delivery. Due to the early build out by Ford and General Motors this schedule Is not possible to meet. Our only option other than the Denton County i Contract is to purchase from the State at the $587.00 higher price, times thirteen units for a $7,631.00 additional cost. terlocal agreement will allow the City of Denton 1 Approval of the continuation of this in , i savings locSeans meeting our specifications and t to acquire o Crown ntV s delivery needy at a the City. The Denton County bid tabulation sheet Indicates local dealers were extended an opportunity to bid. I; `4 I ~ y CITY COUNCIL REPORT ~dnd3r+o DECEMBER 20, 1994 ~~ei1d,19 PAGE 2 of 2 fie 3ob7 SUMMARY (CONIT): Council approved this interlocal agreement on February 1994. We acquired last years police sedans In this same manner. This action further demonstrates the advantage of City and Lounty cooperation in 'I the best interest of the tax payers. BACKGROUND: Tabulation Sheet, Cooperative Purchasing Agreement. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Police Patrol Division, Molorpoo Operatons, Denton County and Citizens o Denton. FISCAL WACT: The acquisition of thirteen (13) police sedans will be funded from ' otif~ orpoo I~ nternal Lease Funds, Total amount for this purchase Is $203,320.00. Note: Each of the vehicles being replaced has been In the Police Patrol Fleet a minimum of 38 months and they average near 75,000 actual miles plus considerable engine Idle time. The beat of the group will be reassigned to other departments for lighter duty use. The others will be sold at public auction. Respectfully submitted: i L oy V, Farrell City Manager n i Approved t ame: Tom . Shaw,C.P.M. j Title: Purchasing Agent r sso..o.~e. • i 1 ~ t 1 I 7 1 BID F 11-94-912 10 NAME PATROL VEHICLES VILLAGE KARL ALLEN BILL TEXAS FORD KLEMENT SAMUELS UTTER MOTORS OPEN DATE 12-6-94 FORD CHEVROLET FORD FORD E C IP O DOR NDO VENDOR EN OR 1. RICL FOR POLICE PACKAGE =16,197.00 $16,223.00 $16,160.09 $10,692.60 $16,469.00 EQUIPPED VEHICLE WITH MFG. STANDARD EQUIP. 2. WITH OPTIONS $16,663.00 $16,803.73 $10,910.46 $19,974.60 $19,290.76 MAKE FORD FORD CHEVROLET FORD FORD MODEL CROWN CAPRICE CROWN CROWN VICTORIA VICTORIA VICTORIA DELIVERY 96-193 6 TO 14 WKS 120-160 90-120 4-6 MO DAYS ARO DAYS DAYS Big) I 11-94-012 ID NAME PATROL VEHICLES ARENDALE NICHOLS FIVE KNAPP FORD FORD STAR CHEVROLET PEN DATE 12-6-94 SALES FORD 1. RICE FOR POLICE PACKAGE $16,109.00 $13,446.00 $16,064.00 $16,469.16 j ; EQUIPPED VEHICLE WITH MFG. STANDARD EQUIP. >t. WITH OPTIONS $16,061.76 $16.921.00 4116,040.00 $10,066.17 MAKE FORD FORD FORD CHEVROLET r; u MODEL CROWN CROWN CROWN CAPRICE E VICTORIA VICTORIA VICTORIA SL19/1001 t DELIVERY 90-t20 90-160 46-160 90-120 1 DAYS DAYS DAYS DAYS O I i 1 ~e^daA"o ~ " pA,:lfrLt~il3iA SELECTED OPTIONS S Speed Control Power Door Locks 1 Power Door Locks Rear Lockout Radio Interference Suppression Package Roof Wiring for Lights Auxiliary ruse Panel f Power Windows ' i Spotlight - Driver Side 1 Inoperative Courtesy Lamp Switch Haplight 1 E . Fs'r r v l i Y ORIGINAL . THE S rATE OP 'MAS COUNTY OF b coo 7 INTERLOCAL AGREEMENT MFNT COOPERATIVE. PURCHASING AGREE , I This agreement is made on the _2_ day of 6 , 1994, between The City of Denton, State of Texas, and the County of Denton, Texas. In consideration of the mutual covenants contained herein and pursuant to the authority permitted under Chapter 741 of the Texas Government Code, the Interlocal Cooperation Act, City of Denton and Denton C W-r agree as follows: . I. purpose The City of Denton wishes to enter into this Interlocal Agreement to authorize participation in f various Denton County contracts for the purchase of various goods and services. The participation in this cooperative program will be highly beneficial to the taxpayers through the anticipated savings to be realized. E II. Duration of Agreement This agreement, which terminates as of its effective date, all prior agreements, written or oral, between the parties concerning the same services/materials, shall become effective on Alts' 1994, and shall continue in full force and effect thereafter until terminated by either patty on thirty (30) days written notice to the other. III. elation D of Parties The parties intend that the entity, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its reeds and the manner in which they are acquired. Neither the City of Denton, its agents, employees, volunteer help or any other person operating under this contract shat: be considered an agent or employee of Denton County and shall not be entitled to participate in any pension plans or other benefits that Denton County provides 1 4 its employees. Should County determine to advertise for the purchase of certain goods or services, and offer to the City the option to purchase such goods or services and City wishes to !r'rticiPato in such bid then: 1. The County shall advertise for the purchase o Y f such goods or services in compliance with all applicable State bidding statutes. t ~rclar"y ~-~dah'o L1-OU ti ' 2. 7be City shall make 2' payment for the purchase of such goods or dy to the lowest responsible bidder from current revenues available for such purchase. 3. The City shall receive A warranties provided by the successful vendor for the goods et services the City determines to purchase. D CO CTfY 1?NTON ~ BY, e ey Denton only Judge f DA DATE: i .r y ~,4 1 y f Cy i •I 1 f i I Page 2 WE rrv F DENTIN ooa°Q°n~~~oo oo ~ ~ D ~ goo i " o o o0 o 0 cz) O ~,e o00 ~ T ti ~'~o~p , K OQ C~O ON ~oaaooaooo°~ CITY COUNCIL ApeWo _ A*W&l DATE: C1TP COUN R iTD/1bT cv~ . i m TO: Mayor and Members of the City Council FROM: Myd V. Harreii, City Manager S prrova.l of ordinances for expenditure of GemM Funds for Human Approve ordinances authorizing the city Manager to sign contracts between the City of Denton and Denton Ci ~ 1 DRY Nursery, Fred Moore Day Nurseryp Friends of th Family, and CoSPAD. BABY: E The approved General Fund bud Denton City-County Day Nursery to Pqw;&d the use of rovide child-care to loo inby the come families, $35,000 by the Fred Moore Day Nursery to provide child-care to low income families, $33,000 by Friends of the Family Programs, and $26,000 by SPAN to provide social set ices to elderly citizens, ~8~$QyNQ: 1141 the spring finding bearings, the Human Services Committee received r"ues" floom human services organizations. The Human Servkes Committee recommended fmdiag in the amount of $156,000 as their 1994.199S Human Budget. On September 13,1994, City Council approved that budget. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: s Human Services Committee . Human Services OrganizaWw. Program Beneficiaries Community Development wr I i , ~7c~^C~No g' 4- 01.1 ! R~~+~{:I t01iL S rr~ FISCAL IMPACT: Z 'Z The 1991-1995 Budget Includes the Human Services budget allocation ~4 1 pl ' Respectfully submitted: Ld V. Harrell, City Manager P Prepared by QTY' F~ ,f l ` . 1, oa F6 , 1 , t .1 Eric Billies, , Hun," Services Coordinator y a` i a 1 Approved: ' . r., it I Frank RobbIw, AI ` 1S:cecniive Director for Plaadng Services SY / d 1 yid 1 75 1 - ii a J1 I 1 a• ' 1}9?"4+IaMyNw'w r.Yrw...M.w..s.e~' ,A F owl e'daNO O 11 2 FISCAL nueA 7- cob The 1994-1995 Budget Includes the Human Services budget allocation. l 4 d submitted: . ~ - Res, ect[ulty L dV. Harrell, City Njaa4er Prepared by: F. Erk BiWpd, f Human Sa kes Coordinator $ f , r , 3 6 Approved: p1 MI+~ank Robbloo AIC Execntire Dbwtor [or Pli u ing Services y • 1,4 F w v ~x~xrta r9ra~ v 1 DENTON oa o0000 E oo° p o00 000 o D ~ ~ooo 0 oo, ~oo- o~ o0 p cz) 3 Q e.a 0 x °°aa~flaooaoo° a , jn0 C CNCIL U a j I . 1 y Y IQlAQaNO X10 ' ORDINANCE NO. f AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENT ON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to f. Denton City-County Day Nursery, in consideration of the valuable public services to be furnished by Denton City-County Day Nursery to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the Agreement - attached hereto, between the City of Denton and Denton City-County j Day Nursery, and authorizes the Mayor to execute said agreement.. k ,q$~CTION II. That the City Council authorizes the expenditure of f { funds in the manner and amount as specified in the Agreement. 1'. ~F~I That this ordinance shall become effective immediately upon its passage and approval. fl PASSED AND APPROVED this the day of, 1944. BOB CASTL£BERRY, MAYOR `1S ATTESTs JENNIFER WALTERS$ CITY SECRETARY t BYt 41 APPROVED AS TO LEGAL FORMi r. - MICHAEL A. BUCEK, ACTING CITY ATTORNEY Ir } Je,1cc NU -Qu A!13rtla,l3 AGREEMENT BETWEEN THE a--~~~..~.f. CITY OF DENTON, TEXAS AND ?Lvb 10 DENTON CITY-COUNTY DAY NURSERY This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as 'City') and the Denton City-County Day Nursery, a non-profit corporation (hereinafter referred to as "Organization')f WHEREAS, City's Human Services Committee (HSC) has reviewed 1 the services of organization and has determined that organization performs an important human service for the residents of Denton national origin, without ore d HSto race, reliion, color, C recommends funding 0ganization; and and theref WHEREAS, City has determined that organization merits assist- cohas for a the purpose citizens of payingyfor and n- ance and can s in provide its budget services tractual fund ~ tserviced NOW, THEREFORE, the parties hereto mutually agree as follows: iI I. Organization shall in a satisfactory and proper manner perform ! the following Program: A. Provide low cost day care to low income €imilies where parent(s) work and/or attend school or actively seek employment. B. Provide two nutritional meals, breakfast and lunch, for the children it serves. Organization shall provide the services described in the Work i statement herein attached as Exhibit A. II. OS I TIONB OF ORGANIZATION • ' In consideration of the receipt of funds from City, Organiza- tion agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the 41 Twenty-One Thousand Dollars ($21,000.00) paid tv organization by City, and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Organization shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. 't i B. It will establish, operate, and maintain an account system 1 4 for this program that will allow for a tracing of funds and a review of the financial status of the Program. I i ~~..s low r t A L{ Agrd i. , 3, authorized officials 6tei w its C. It will permit books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Community Development Office, along with any amendmenta, additions, or revisions, whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. i F. At the discretion of City, Organization may be required to refund the balance of the special account to City at the end of j Organization's fiscal year. 1 0. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or her authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other city officials when requested, 1. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of organization, its employees, or contractors and save and hold City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the perfort,ance or omission of any act of any employee, agent or representative of Organization. J. It will submit to City copies of year-end audited financial t, statements. III. TIM OF P81tt0AXRNCS a The services funded by City shall be undertaken by Organization rZ within the following time frame: October 1, 1994 through September 30, 1995. IV. PAXIMS A. Payments to Organisation. City shall pay to organization a maximum amount of money totaling Twenty-one Thousand Dollars i` ($21,000.00) for services rendered under this Agreement. City will I pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. Page 2 i .,ox daNo, L organization's failure to request reimbureemdMe-on a timely basis may jeopardize present of future funding. B. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by city and which city at any time thereafter determines: i 1) has resulted in overpayment to Organization; or 2) has not spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. C. During any one month period, Organization will not request more than one-fifth (1/5) of any budgeted line items for costs as specified in gxhibit "B". D. Deobligatioo of Funds. In the event that actual expendi- tures deviate from Organization's provision of a corresponding level of performance, as specified in this Agreement, City hereby reserves the right to reappropriate or recapture any such under- expended funds. i E. Contract Close Out. Organization shall submit the contract I R close out package to city, together with a final expenditure report { for the time period covered by the last invoice, requesting reim- bursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organiza tion shall utilize the form agreed upon by City and Organization. t lyALUATION Organization agrees to participate in an implementation and maintenance system whereby its services can be continuously moni- tored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, organization agrees to provide City the following data and reports or copies thereof: A. All external or internal audits. Organization shall submit a copy of an annual independent audit to City within ten (10) days of receipt. e. All external or internal evaluation reports. C. Quarterly performance reports, to be submitted in January, April, July and September, to include the following data: served each month. 1. Number of children Page 3 ~Y .w "'~^"daA'o L/-Q r 2. Income level of families participating in program. S06/0 3. Race and/or ethnicity of children assisted. D. Organization shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include income and expenses for the preceding quarter. V1. DIRY ORB' ANTI= During the term of this Agreement, the organization shall deliver I to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matter3 to be discussed. Organization understands and agrees that City _ tiv r es shall a reaent 1 be afforded access to all meetings of is Board of Directors. i Minutes of all meetings of Organization's governing body shall be ffl available to City within ten (10) working days of approval. 4 ~p VII. BOBPa nou OR TamixATION City may suspend or terminate this Agreement and a organization, in whole or part, for cause. Cause shall Includes but not be limited to the following: q5 A. Organization's improper or inept use of funds. 4. ~ ` S. Organization's failure to comply with the terms and conditions of this agreement. C. Organization's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of Organization's property, or institution of bank- ruptcy, reorganization, rearrangement of or liquidation proceedings by or against organization. E. If for any reason the carrying out of this Agreement'is ren- dered impossible or infeasible. FMa in case of suspension, City shall advise Organization, in writ- ing, as to conditions precedent to the resumption of funding and 1 4' specify a reasonable date for compliance. In case of termination, organization will remit to City any a ~.rw~o unexpended City funds. Acceptance of these funds shall not consti- tuts a waiver of any claim City may otherwise have arising out of this Agreement, Page 4 , I F+ r ~F . i r vIII, EQUAL OPPORTUNITY 60(10 A Organization will submit for City approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. S. organization shall comply with all applicable e goal employment opportunity and affirmative action laws or regulations. I . C. Organization will furnish all information and reports { requested by City, and will permit access to its books, records, and accoents for u ses of investigation to ascertain compliance with local, State and Federal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be cancelled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. .i IX. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its k governing body presently has any interest, direct or indirect, which I would conflict in any manner or degree with the performance of ser- vices required to be performed under this Agreement. Organization x further covenants that in the performance of this Agreement, no per- son having such interest shall be employed or appointed as a member rr; of its governing body. B. Organization further covenants that no member of if-9 governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or othersr particularly those with which he has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or reaponsibilities in the review or approval of the undertaking or carrying out of this Agree- ment shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corpora- tion, partnership, or association in which he has direct or indirect interest) or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. X. NEPOTISM i Organization shall not employ in any paid capacity any person who is a member of the immediate family or any person who is currently employed by organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, t Page 5 y I l f T 71 - u Dee J 2' is husband, son, daughter, mother, father, brothefi;~sisteL. In-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to organization or city, as the case may be, at the following addresses: i CITY ORGANIZATION City of Denton, Texas Director Attns City Manager City-County Day Nursery 215 E. McKinney 1603 paisley Denton, TX 76201 Denton, TX 76201 Either party may change its mailing address by sending notice of changa of address to the other at the above address by certified { nail, return receipt requested. 1 I I IN WITNESS WHEREOF, the parties do `tereby affix their signatures I I and enter into this Agreement as of the day of , i 1994. I CITY OF DENTON, TEXAS ,I BOB CASTLEBERRY; MAYOR s i 'I ATTEST3 JENNIFER WALTERS, CITY SECRETARY i BYt a. ' A, { Page 6 1 1 1 i'Mil3 r k w I S'P1~3~V0. ^Q~ 49~Gr✓3i~oiT1 S w,~ APPROVED AS TO LE AL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY DENTON CITY-COUNTY DAY NURSERY DIRECTOR j ; ATTEST: . a y+ SECRETARY Ii . r '~r i Page 7 : - I ;go ida No pgcrdia;tr~ S } gab 16 FXIIIIIIT A WORK SPAT MENT CITY-COUNTY DAY NURSERY I I Denton City County Day Nursery Is a non-profit child are facility for low income families. Parents mast be working, going to school, onlooking for employment to be eligible. DCCDN Is open t fi Monday through Friday from 6:30 a.m. to 5:70 p.m The staff consists of g leachers, I pan-time aide, a cook, to assistant director and director, The children are served breakfast, lunch and 2 s acka I Tuition Is based on size of family and yearly income. The nursery not only provides a safe and healthly environment for child care, but a learning program for all age groups The euttleulurm places emphasis on cognitive, affective, and psychomotor learning ddlK good health habits, and physical development. The nursery staff receives 20 condming edueatiat hosts each year In child development and early childhood eduction The most Important element of our #l ork is the emphasis placed on er►tartcing the self-concept of each t individual chili, as this Is very significant for hMet future snxvess. a i t 1 i r S t I' I i l i r~ i 1 ' q y-OCI1 i rya ! ' EXHIBIT "B" DENTON CITY-COUNTY DAY NURSERY 1d~14 I GENERAL FUND BUDGET { $21,000.00 City of Denton Funding ' $1,750.00 Monthly Requeat 4 uonth]Y menses Teacher I $946,41 , Cook $946.41 N e 1. 1 Total $10692.2 ri r ~ Nk r Vll f Page 9 ........pwY+v. L+a rv.r....... rvr.+;.yrM Y.a.>..: ,i (RNr r..M«:.J.:Jw'Amarr..• ...w rrrHT ~ i ..may ~~011q Mt~ •c~ ATi S' i i i DENTON 00 Woaoo0O ~ opp 00 o D i R tzj A, ~ p O ~O p00 ~Op ~ 000 r. P s CITY OUNCIL 3 i r i I I • A0 *N0 AWAI C6 10 ORDINANCE N0. } AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EC REVEO AGREEMENT; FOR A N EFFECTIVE THS EXPENDITURE OF FUNDS THEREFOR; AND WHEREAS, the City Council has determined that it is in the best o Fred l valuablefunds interest the citizens o hiof the Moore Child Cara Center, in consideration services to be furnished by Fred Moore Child Care Center to the City of Denton in accordance with the Agreement attached hereto; NOW, j THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the City Council hereby approves the Agreement - attached hereto, between the City of Denton and Fred Moore child Care Center, and authorizes the Mayor to execute said agreement. } Al7c-rte N II. That the City Council authorizes the expenditure of ~ funds in the manner and amount as specified in the Agreement. j ; SECTION I_N That this ordinanco shall become effective imme. diately"upon its passage and approval. -i PASSED AND APPROVED this the day of 1994. BOB CASTLEBERRY, MAYOR ATTEST t i JENNIFER WALTERS, CITY SECRETARY I BY$ APPROVED AS TO LEGAL FORM: ,o MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY t n < n Qim "Wi , Q AoVffla 4L- Agar~~aam rice J' - sZ~~ j AGREEMENT BETWEEN THE 2 q6(0 CITY OF DENTON, TEXAS AND FRED MOORE CHILD CARE CENTER This Agreement ire hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as '$City^) and the Fred Moore Child Care Center, a non- iii profit corporation with offices at 821 Cross Timber, Denton, Texas 76201, (hereinafter referred to as "Organization"); i WHEREAS, City's Human Services Committee (HSC) has reviewed the services of organization and has determined that organization per- forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and therefore HSC recommends funding Organizations and WHEREAS, City has determined that organization merits assis- tance and has provided for Thirty-five Thousand and No/100 Dollars ($35,000.00) in its budgets ` NOW, THEREFORE the a: parties hereto mutually agree as follows. 1. SCOPE OF SERVICES s E Organization shall in a satisfactory and proper manner perform ^ the following tasks: A. To provide low coat day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. } C. Organization shall perform those services described in the f Work Statement herein attached as Exhibit A. LI. OBLIGATIONS OF ORgM12ATION In consideration of the receipt of funds from City, Organiza- } tion agrees to the following terms and conditions: ' A. It will establish a separate bank account for deposit of the Thirty-five Thousand Dollars ($35,000.00) paid to Organization by City, and the only expenditures from this Account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided herein. Organization shall not commingle funds received from other sources in this account and ' shall not utilize these funds for any other purpose. i I i~ r ~iendah'o Q ~ 4 r Sod id B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a re- view of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office ;.7r along with any amendments, additions, or revisions whenever j adopted. E. It will not enter into any contracts that would encumber . City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of City, organization may be required to refund the balance of the special account to City of Denton at the end.of Organizations fiscal year. ,I It will promptly pay all bills when submitted unless there i a is a discrepancy in a bill= any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or f z s her authorized representative for further direction. H. It will appoint a representative who will be available to r meet with the Executive Director of Finance and other City officials when requested. is It will indemnify and hold harmless city from any and all claims and suits arising out of the activities of organization, its employees, and/or contractors, and save and hold City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever, resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of Organization. . J. Each year, it will submit to City a copy of its year-end t audited financial statement. III. TIME W PERFORMANCE _ The services funded by City shall be undertaken by organization within the following time framer October 1, 1994 through September 30, 1995. I PAOF. 2 I 1 Ag~r:ul.t. , W ! l06 to :V. PAYMENTS A. Payments to Organization. City shall pay to Organization a maximum amount of money totaling Thirty-five Thousand Dollars ($35,000.00) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present of future funding. B. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organizationj or 2) has not spent strictly in accordance with the terms of this Agreement] or 3) is not supported by adequate documentation to fully justify the expenditure. ;b C. During any one month period, organization will not request s'.'. more than one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit 'B". D. Daobligation of Funds. In the event that actual expendi- tures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under- expended funds. I j E. Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice, requesting reimbursement of funds under this Agreement within fifteen (15) working days following the close of the contract period. Organiza tion shall utilize the form agreed upon by City and organization. j V. EVALUATION Organization agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial ,f records for review by City at City's discretion. In addition, organization agrees to provide City the following data and reports or copies thereof: A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (30) days of receipt. PAGE 3 car,„.~r ...ws ti ~b~3,7G'3i~0 ~trr;~saar, 01 .q ; Sct !o B. All external or internal evaluation reports. C. Quarterly performance reports, to be submitted in January, April, July and September, to include the following data: 1. Number of children served each month. 2. Income level of families participating in program. 3. Race and/or ethnicity of participating children. D. Organization shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include expenses and income, outstsndi,.g obligations and beginning and ending balances. VI. DIR+~CTORS' MFQTINOS During the term of this Agreement, Organization shall deliver to 1 ' City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be de livered in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. ' Organization understands and agrees that City representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of a ~ pproval. ' * 3r ; j VIZ. SUSURSION OR TERMINATION City may suspend or terminate this Agreement and payments to Organization, in whole or not be limited to the following for cause. Cause shall include but A. Organization's improper or inept use of funds. B Organization's failure to comply with the terms and conditions }#Jr,,,;, ,t, of. this agreement. toy .f 1 C. Organization's submission of data or reports that are incor- `t rest or incomplete in any material respect, or 0. Appointment of a trustee, receiver or liquidator for all or a ~qq,c substantial part of organization's property, or institution of bank- ruptcy, reorganization, rearrangement of or liquidation proceedings by or against organization. dereE.iif for any reason the carrying out of this Agreement is ren- possible or infeasible. ~ M PAGE 4 V: nd a No 6 1S 20.QY b060 In case of suspension, city shall advise organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, organization will remit to City any unexpended City funds. Acceptance of these funds shall not consti- tute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal r. provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports F requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of Organization's non-compliance with the non- discrimination requirements, the Agreement may be cancelled, termi- nated, or suspended in whole or in part, and organization may be barred from further contracts with City. IX. CONFLICT OF INTERES A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no i person having such interest shall be employed or appointed as a I member of its governing body. r B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, 1 or others] particularly those with which he has family, business, or other ties. C. No officer, member, or employee of City and no member of organization's governing body who exercises any function or responsi- bilities in the review or approval of the undertaking or carrying out j of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in PAOE 5 i ' .IpLa3ay c , . .91 ` )od any corporation, partnership, or association in which he has direct or indirect interest, or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. X. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term *member of immediate family" includes: wife, i husband, son, daughter, mother, father, brother, sister, in-laws, i aunt, uncle, nephew, niece, step-parent, step-child, half-brother and j half-sister. XI. NOTICE An notice or other written instrument required or ' Y permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited E in the United Statee mail, postage pi~tpaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: ' CITY ORGANIZATION City of Denton, Texas Director Attnt City Manager Fred Moore Child Care Center 21S E. McKinney P. 0. Drawer N Denton, TX 76201 Denton, TX 76202 Either party may.change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 1994. ,r CITY OF DENTON, TEXAS t F1 'i ° BY: BOB CASTLEBERRY, MAYOR { % PAGE 6 an,m ^N tow I f 4QaaJzNo ~ ' ~Q:C~3!18j f ATTEST: o Ilr JENNIFER WALTERS, CITY SECRETARY f E BY= { APPROVED AS TO LEGAL FORM. 'R. MICHAEL A. BUCEK, ACTING CITY ATTORNEY Y ~ } S l l FRED MOORE CHILD CARE CENTER 'S . DIRECTOR , : ATTEST s BYs SECRETARY YJ/jec[1 J1 )f 1 r• TPAGE 7 y N 71 A ~otlL4 ittan 1 n I`r ' ii~~fLrQ W / w~ I 1 tic J., I 90t 10 4 r EXHOIT A WORK STATEMENT FRED MOORE CHILD CARE :I r The Fred Moore Care Center is a nos-profit child are center which provides child are on a sliding sale. Children six weeks through rive yeas of age are eligible for the program. Ninety percent of due " children are from low income families. Ite parents must be working to be eligible to enroll Their Child. The purpose of the center is to provide a safe, healthly et+Vronment that will meet the development needs of the ctdld° Acti vi ties are designed for each age group to meet the Individual and group reeds. The curriculum includes creative ans, motor skills, speech development, music as well as personal hygiene and manners. i The center provides breakfast, lunch and an afternoon snack for each child. Ali meals :meet the USDA food requirements for children In child are. C I eft I i 11 Ja7dah'o 94 A~"P~31'r3'li EXHIBIT "8" U i FRED W*RE DAY NURSERY SCHOOL, INC /o ~ GENERAL FUND BUDGET I 1 c City of Denton Funding $35,000.00 r Monthly Request $2, 916.66 f , 1 Monthly Expenses Teacher $928.00 Teacher $896.00 $880.00 I Teacher r } t Teacher $400.80 Total $3,104.00 r r > -w ter' I S i ~ i 4 ~ si 1 21 ,j PAGE 9 ~n Op% 5. u'M SdA:aArN Ma kN. R 4. Y Ylfl'YL fA'~lFi' f i DENTON oo~~ooaoaoaoo 00 o P_ D w~QO 000 ~ - Op s Qp0 3 d ~o ,oaoooo r, f COUNCIL' 1 AglRdlNo Agenda Date ' ice' l d ORDINANCE N0. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the beat i interest of the citizens of the City to provide public funds to Denton County Friends of the Family, in consideration of the valu- able public services to be furnished by Denton County Friends of the Family to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: svCTION I. That the City council hereby approves the Agreement attached hereto, between the City of Denton and Denton County Friends of the Family, and authorizes the Mayor to execute said i. Agreement. ACTION-Ii_ That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. j acv SECTION 111, That this ordinance shall become effective imme- E , diately pon its passage and approval. PASSED AND APPROVED this the day of , 1994. 4' , V l ~ 1 pJ l } 1 BOB CASTLEBERRY, MAYOR _y ATTESTS r JENNIFER WAL'i'ERB, CITY SECRETARY 7s. BYs APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY i I ~ g a1r ~ - a:4 Y~r I 7 ~~G!+3~tc 1 0-9 AdREXK= BETWEEN THE CITY OF DXNTON, TEXAS AND DENTON Comm FRIMMS OF T&E FAMILY between the Cit This Agreement is hereby entered into by and on, hereinafter of Denton, Texas, a Home Rule Municipal Corporation, referred to as 'City', and the Denton County Friends of the Family, , Denton, Texas 76202, after non-profit referred to as OOrganization"; herein `WHEREAS, City's Human Services Committee (HSC) has reviewed the services of organization and has determined that Organization per- i forms an important service for the residents of Denton without re- e or national origin, and HSC gard to racee fundili ion, color, and E ~ I WHEREAS, City has determined that Organization merits assis- tance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying contractual servicesi NOW, THEREFORE, the parties hereto mutually agree as followst I. SCOPE OF SERVICES 1 Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be useds A. Provide emergency residential shelter to women and their children, who are victims of domestic violence. f S. Provide counseling, on both a residential and nonresidential basis, to family members, to assist them in dealing with the emo- tional and physical trauma of domestic violence. C. Provide counseling services to victims of rape and their domestic. D. Provide community education services concerning rape and domestic violence. 9. Organization shall perform those services described in the ti Work Statement herein attached as Exhibit A. i + II. OA1;IC~ATION5 OFF~ANI9,ATISZ receipt of funds from City, Organiza- In consideration of the tion agrees to the following terms and conditions. AIL 4 ~ i F fz~~3_12~ a A. It will establish a separate bank account for deposit of the h Thirty-three Thousand Dollars ($33,000.00) paid to Organization by City, and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in ! the scope of services as provided herein. Organization shall not i commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this ` Agreement. F. At the discretion of City, organization may be required to refund the balance of the special account to city at the end of Organization's fiscal year. 0. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction. 1 H. It will appoint a representative who will be available to ' meet with City's Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmleas City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. J. It will submit to City copies of year-end audited financial statements. III. TIME OF PERFORMMCE The services funded by City shall be undertaken by Organization within the following time frame: October 1, 1994 through September 30, 1995. PAGE 2 ~e~Gaho y'Gtl f Res; ~.~b, Nua)9 r, IV. PAYMENTS A. Payments to Organisation. City shall pay to Organization a maximum amount of money totaling Thirty-three Thousand Dollars ($33,000.00) for servicea rendered under this Agreement. City will pay these funds on a reimbursement basis to organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present of future funding. B. Excess Payment. Organization shall refund to City within 1 ten (10) working days of City'a request, any sum of money which has been paid by City and which City at any time thereafter determines: 1 1) has resulted in overpayment to Organization; or 2) has not spent strictly in accordance with the terms of this Agreements or 3) is not supported by adequate documentation to fully justify the expenditure. q C. During any one month period, organization will not request 1 more than one-fifth (1/5) of any budgeted line items for costa as '.t specified in Exhibit "B". D. Deobiigation of Funds. In the event that actual expendi- tures deviate from Organization's provision of a corresponding level of pperformance, as specified in Exhibit A, City hereby reserves the right to reappropriate, or recapture any such under- expended funds. E. Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure t report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working hall utilize following the form close agreed upon by City and tion s Organization. v in an implementation and . P` reel to r Organization ag participate , RYA maintenance system whereby the services can be continuously moni- toned. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization $ _ agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt. } PAGE 3 i . wl a. All external or internal evalua,,Ion reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Shelter services: a. Total number of clients served. b. Number of shelter days. c. Number of client counseling hours. 2. Hotline crisis line: a. Total number of calls. b. Number of family violence calls. c. Number of batterer calls. d. Number of sexual assault calls. 3. Outreach services: a. Number of family violence calls. I b. Number of sexual assault victims served. c. Number of batterers served. d. Number of total clients counseling hours. e. Number of homemaker's clients served and number of hours served. f. Number of adult parenting clients served. g. Number of total parenting hours. s. Number of volunteers. i S. Number of volunteer hours. 6. Race and/or ethnicity of clients. D. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall f includs current and year-to-date period accounting of all revenues, 5 expenditures, outstanding obligations and beginning and ending balances. E. An explanation of any major changes in + program services. VI. DIRECTOR ' o t±TINC3c During the term of this Agreement, Organization shall deliver toreity copies of all notices of meetings of its Board of Direc- ` ing forth the time and place thereof. sett Such notice shall be delivered to City in a timoly manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. -I PAGE 4 -for Mp-_ F yq fe°. • f I t G~,e 6.2~ j c Minutes of all meetings of Organization's governing body shall be available to City within ten (10) working days of approval. VII. atv p.S ENSION_ OR TF.RM~ INATION ` 4 In case of suspension, City shall advise organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended city funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising i out of this Agreement. , i VIII. bgAl, OPPORTUNITY A. Organization will submit for City approval, and Affirmative en plan for compliance with the Equal Employment Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employ- e meet opportunity and affirmative action laws or regulations. C x C. Organization will furnish all information and reports requested by City, and will permit access to its books, records,. and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be cancelled, ti. ° terminated, or suspended in whole or in part, and organization may be barred from further contracts with City. IX, INFLICT OF INTEREST A. Organization covenants that neither it dnor any irect member of indirect, governing body presently has any interest, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this yy4 Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its ~r governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is t or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. PAGE 5 p .MM F'...cy I Y III` . . i i -Q f I o j C. No officer, member, or employee responsibilities its governing body who exercises any the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct indirect interestj or (2) have any thereof. direct or indirect, in this went or the proceeds X. ELM= Organization shall not employ in any paid capacity any person I who is a member of the immediate family of any person who in cur- rently employed by Organization, or is a member of Organization's governing board. The term "member of immediate brother insister, wife, husband, son, daughter, mother, father, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XI. NOTICE, E Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to € have been delivered, whether actually recei e or eot, whn a cer- ted in the United States mail, postage prepaid, registered j tified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: ' CITY ORGANIZATION City of Denton, Texas Director Friends of the Palm?y Attns City Manager p p, Box 623 215 E. McKinney Denton, TX 76202 j 4 Denton, 'TX 76201 k Either party may change its mailing address by sending notice j of change of address to the other at the above address by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the y 1994. CITY OF DENTON$ TEXAS k BY: i BOB CASTLEBERRY, MAYOR I i E 1 PAGE 6 ~eaL43Na de AAo-OAO-0 A~7{~a:t3u ATTEST: SECRETARY JENNIFER WALTERS, CITY x BY: j APPROVED AS TO LEGAL FORMs < MICHAEL A. BUCEK, ACTING CITY ATTORNEY G-~J By l DENTON COUNTY FRIENDS OF THE FAMILY ~II i BY. DIRECTOR } ATTSSTs i BYs SECRETARY l y JJ F 011 ~ ~ f{ t r s f fir; { j .j , k PAGE 7 } °1 c~ l D ~ k EXHIBIT A WORK STATEMENT FRIENDS OF THE FAMILY i l Denton County Friends of the Family, Inc. provides a full realm of services to victims of family violence and sexual assault. The services provided free of charge to victims include a 24-hour, 7 day a week hotline, an emergency shelter for women and their children who are in danger due to family violenoe, children's programs in the shelter and outreach offioa, individual program and group counseling for victims, a sexual assault recovery program which includes rape crisis intervention 24-hours a day, soeompaniment and advocacy throughout the legal system, ' homemaker services for referred CPS cases, and parenting education. In addition to the above services provides for victims, Individual and group therapy Is provided for family vlolenoe E offenders based on a sliding fee scale. s J s i 1 s i1 I - `Vi'a^GaNo A~Crt~u JI IJ~. rrr 10co1p EXHIBIT "B" DENTON COUNTY FRIENDS OF THE FAMILY GENERAL FUND BUDGET City of Denton Funding 533,000.00 Monthly Request $2,700.00 i , Monthly Expenses , V,. Director of Family Violence $416.67 Director oC Sexual Assault $333 33 Director of Battering interruption $750.00 ' ` Director of Children and Adolescent services ,$633.33 $ Director of Family Services $416.67 Total $2,750.00 i i % • S rk i PAGE 9 i s DENTON a oo~ao~o OooO O V D oo~ { O G C3 i 0 Lt . 10 . voo, fir,, QD ON ~ O acooo CITY OUNCIL owl aglndaNoZ'' Dale , 1oglO ~ ORDINANCE NO. HE CITY OF DSNE1 AND AN ORDINANCE APPROVING AN AGREEMENT BETWEEN T N SERVICES ERTHE RAMRSEANTG APP APPROVING THEE PENDITURE OF?QUNDS THERBR TO EXECUT 1 FOR) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best of interest of the citizens of the City to proviin consideration Services Program for Aging Needs, Incorporated, Services Program for the valuable public services to be furnished by Aging Needs, Incorporated to the City of Denton in accordance with the Agreement attached hereto) NOW, THEREFORE, r' ;}{E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i ,aFCTiON i. That the City Council hereby approves the Agreement attached hereto, between the City of Denton and Services Program for Aging Needs, Incorporated, and authorizes the Mayor to execute said agreement. Oii. alai That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. aenrrnx IYi._ That this ordinance shall become effective imme- diately upon its passage and approval. day of , 1994. 1 PASSED AND APPROVED this the f MAYOR BOB CASThEBERRY, ATTEST: i JENNIFER WALTERS, CITY SECRETARY i x BYe i APPROVED AS TO LEGAL FORMS MICHAEL A. BUCEK, ACTING CITY ATTORNEY j BY: 17 fa"U I ~,~3r,~f:a~t2 2~1C3 AORBBISSN F SBTaNN TRB CITY OF DBNTON, TEXAS AND SBRVICBS PROORAK FOR AdINO NBBDS, INCORPORATED This Agreement to hereby entered into by and between the city of Denton, Toxae, a Home Rule Municipal Corpo Needs, (hereinafter referred to as "City") and Services OMalone, Denton, Texasnc76201 rated, a non-profit corporations (hereinafter referred to as "organization"); w}{EREAS, City's Human Services Committee (HSC) has reviewed the that Oa human determ, of Denton without k services of Organization forms an important race, reIiion a or national origin, and there- re and to funding g , fore HSC recommends WHEREAS City has determined that organization merito assistance kk rovided and can provide needed services to citizens of City,ds in its budget for the purpose of paying services; NOii, THEREFORE, the parties hereto mutually agree as follows: 1 k Organization shall in a satisfactory and proper manner perform the following tasks: A. Help older citizens remain independent and as fully active in the community as they choose. B. Provide a hot meals program five days a week at Denton Senior Center, Heritage Oaks and Martin Luther King, Jr. Recreation Center. C. offer information and referral services for older persona at the SPAN Central Office. D. Provide a nutrition program at Denton Senior Center. i a E. Provide homemaker services and benefits counseling for elderly citizens. t a arranging sfor uch ras assis t ncedin 8. Assist senior citizens benefits in ~V. services, and provide subsidies, ~filing for insurance, social security benefits, housing etc. PAGE 1 j n aw . h J ILA G3i3 .2 Mb to G. Organization shall also provide those services described in the Work Statement herein attached as Exhibit A. i II. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: j A. It will establish a separate bank account for deposit of the } Twenty-six Thousand Dollars ($26,000.00) paid to Organization by City, and the only expenditures from this account, until such time as said funda are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Organization shall K/I not commingle funds received from other sources in this account and L.' shall not utilize these funds for any other purpose. a. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review { of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. f~f ` D. It will reduce to writing all of its rules, regulations, and I i policies, and file a copy with City's Community Development office along with any amendments, additions, or revisions whenever adopted. ; E. It will not enter into any contracts that would encumber City fu!ida for a period that would extend beyond the term of this Agreement. e F. At the discretion of City, Organization may be required to `s refund the balance of the special account to city at the end of 1 Organization's fiscal year. d. It will promptly pay all bills when submitted unless there is a discrepancy in a bills any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or her authorized representative for further direction. H. it will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. I. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of organization, its r employsea, and/or contractors and save and hold City harmless from all liability, including coats, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of PAGE 2 j I, p .raj Z% Ass^daho a S . ~ , A3 1~ % any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of organization. J. it will submit to City copies of year-end audited financial rr ',y statements. i ,A III. TIME OF PERFOR WCS The services funded by City shall be undertaken by Organization within the following time frame: October 1, 1994 through September 30, 1995. . ' IV. PAYMENTS A. Payments to Organisation. City shall pay to organization a maximum amount of money totaling Twenty-six Thousand Dollars ($26,000.00) for services rendered under this Agreement. City will " pay these funds on a reimbursement basis to Organization within ,R twenty days after city has received supporting documentation. Organization's failure to request reimbursement on a timely basis k may jeopardize present or future funding. B. excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or " 2) was not spent strictly in accordance with the terms of I~ this Agreement; or 3) is not supported by adequate documentation to fully "ass justify the expenditure. C. During any one-month period, organization will not request more than one-fifth (1/5) of any budgeted line items for costs as specified in Lxhibit "e". 1 D. Deobligation of Funds. In the event that actual expendi- tures deviate from Organization's provision of a corresponding level k, of performance, as specified in Exhibit A, city hereby reserves the t `Mv,~ 41 right to reappropriate or recapture any such underexpended funds. Organization shall submit the contract E. Contract Close Out. close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reim- bursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. PACE 3 ~a s V. EVALUATION v Shy 1O Organization agrees to participate in an implementation and ;L Z maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: 7 ° A. All external or internal audits, organization shall submit a copy of the annual independent audit to City within ten (10) days { of receipt, B. All external or internal evaluation reports. n 4 C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of meals served at Denton Senior Center, Martin Luther King, Jr. Recreation Center and Heritage Oaks each month. r " h 'r 2. Number of information and referral requests handled i quarterly. '1 3, Number of persons assisted under gAgh available social service program. IM 4. Race and/or ethnicity of clients: ry D. Organization shall submit quarterly financial statements in January, April, July, and September for the preceding quarter, which shall include expenses and income. V1. DIRECTORSt _MEETINGS la $ During the term of this Agreement, organization shall deliver to J, City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City representa- <Z; tives shall be afforded access to all meetings of its Board of Directors. i Minutes of all meetings of Organization's governing body shall be % available to City within ten (10) working days of approval. Y A ? h~J PAGE 4 x w7g1 i I ^f ,i;U VII. SUSPENSION OR TERMINATION oC( (V City may suspend or terminate this Agreement and payments to Organization, in whole or part, for cause. Cause shall include but not be limited to the following: f A. Organization's improper or inept use of funds. B. Organization's failure to comply with the terms and condi- tions of this Agreement. C. Organization's submission of data and/or reports that are in- correct or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of Organization's property, or institution of - r bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against Organization. E. If for any reason the carrying out of this Agreement is -i - rendered impossible or infeasible. % 1 1 In case of suspension, City shall advise Organization, in i. writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. I ' In case of termination, organization will remit to City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim City may otherwise have arising out of this Agreement. VIII. EOVAL QPPORTUNITY s A,' Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action 1 Federal provisions, within one hundred twenty (120) days of the effe-tive date of this Agreement. D. Organization shall comply with all applicable equal employ mont opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and % accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. i 4 D. Ir: the event of Organization's non-compliance with the non- discrimination requirements, the Agreement may be cancelled, termi- nated, or suspended in whole or in part, and organization may be barred from further contracts with City. PAGE 5 r 1 jrrl~adaNo_ ' t -QC IX. CONFLICT OF INTEREST A. Organization covenants that neither it nor any~me' tuber of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of ser- vices required to be performed under this Agreement. Organization further covenants that in the performance of this Ageono per- son having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its govern- ing body or its staff, subcontractors or employees shall possess any. interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agree- ment shall (1} participate in any decision relating to the Agreement k which affects his personal interest or the interest in any corpora- tioYi, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. X. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board. The term "member of immediate family" includes: wife, husband, eon, daughter, mother, father, brother, sister,` in-laws, j aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. i XI. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to organization or City, as the case may be, at the following addresrse- CITY ORGANIZATION ? , City of Denton, Texas Director Attnt City Manager Services Program for Aging Needs 215 E. McKinney 1800 Malone Street Denton, TX 76201 Denton, TX 76201 PAGE 6 } J.,,~~wO <411- 01/1 nq~,r3 g~10 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of 1944. F. . CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYOR r ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 E r' BY S F APPROVED AS TO LEGAL FORMS ;NICHAEL A. SUCEK, ACTING CITY ATTORNEY % 4--,I SERVICES PROGRAM FOR AGING NEEDS • i ,tir~ 3 , DIRECTOR I ATTEST: I t. <f SECRETARY f s PAGE 7 ~ szwnry Exhibit "A" Work Statement p 9+'t~1: S f , SPAN j SPAN provides support to the older continue to reside in their the own homes and spopulationunction n that they ma community, This is accomplished through actively in the In homes and local centers providing a facility providing that can nutritious serve as meals center ce orb C laim sdibg assistance with various financial a monitor! resource and/ pplication, providing an 'automatic providing syaten to link frai assistan l elderly to emergency services being met. g as Management to ensure that frail elderly needs are Funding from the city helps services are to ensure that provided the aforementioned to the elderly. 4 1 ~ 4 ` 4 y~j .r EXHIBIT "B" ~Qry /O SPAN GENERAL FUND BUDGET \d r i `r City of Denton Funding $26,000 Monthly Request $2,167 k rte' ? Monthly Meal Expenses 1,559 meals x $1.39 per meal $2.167 + ~ s h I'` d a J 107 S ZA , r a* PAGE 9 1 RM r WM1. U ~.u x. r~+ rn:: ea 11 DENTON aQoooao~~oo 000 o P 8 ~00 00 ~O~ 00~ o 00 o o 0 d 00©~ ~ 000 r' ~ 00 ~ r ~ ~ X00 i OOQ ~ N , ~ 000 °aaoaanooo° ITS' COUNCIL i f ' {rot.r.u Sl a~ 1 JJJ ■ ` ag *WO - 1 CITY COUNCIL REPORT FO MA DATE: December 12, 1994 f TO: Mayor and Members of tha City Council i FROM Lloyd V. Harrell, City Manager f SUBJECTi Prohibition of parking on the north side of Maple from it's intersection with Bernard 90 feet west SEQMENDATIONt Approve the ordinance SUMMARY r The signs protecting the driveway from being blocked are not covered by ordinance. BACKdROUNDe Citizen had worked with staff to gain help from driveway being .r blocked. Signs are past 25 feet corner clearance, so should have ordinance to be enforceable. It PROnRAMS DBPAK FNTB OR GROUPS AFF CTED: Resident, UNT students, Police, and Engineering & Transportation ` FISCAL IMPACTe $200 RESPECT LY SUBMITTEDt j L oy V. Harre Prepared by: City Manager Je C r Approved: C afrr "o t. re " DI for n gineering & Transportation AEE00398 f ,.,a ■ r s j ~ ~~ndaNo ~ 4(isru~tla S MY of DIWON, rEXA: MUNICIPAL BU11D WO.215 E McKINNEY • DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM } 111 r. DATE December 13, 1994 TOi Rick Svehla, Deputy City Manager r. FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Prohibiting parking along the north side of Maple from the intersection with Bernard 90 feet west t ` This is needed to protect Mickey George's driveway from being blocked by,UNT students. The existing signage was placed a few years ago but was not covered by ordinance. x!~ The request is reasonable. Staff and Traffic Safety recommend approval c ,r I Jer via c ! Y A8400499 i "Dedicated to Quality Service" i 1 Traffic Safety Memo '~Jcrd9No4gU- December 1, 1994 A9 +,d3;(g, i page 4 STEM 43 CONSIDER NO PARK! Nd OF TH NORTH 8iD QF I~sorg araF T FROM 90 FEET YIEST TO hLaorF~g INT QSn'CTiOh WITH BFRNanfl, This request iy also from Mickey George, This uncurbed area can't be painted and would exceed the 25 feet maximum anyway if the area is not sioned, students will over park and block or negatively impact the safety of exits from the drive. Attachments from Cummings & Pewitt and Mickey George are enclosed. Staff recommends approval of the zone, y' L r, J r e+i i 1 I. I f ` , f u~eoo4er . f f r-' r 4 i ~6 • "snw~ i Traffic Safety Commission Minutes A`;~pnp1~~~~ Q U' December 5, 1994 I LU ~.fn I page 5 L4 q 10 ITEM 41~ arnvv x^ e'aYIhO Oh THE NORTH BIDE 0 MAPLB BTRSBT FROM 9Q FEET BT TO ( av •E'91 It SRa8CTI0N ifITH BERNARD Clark said this is located at Bernard and Maple. This is Mickey oeorgs'a residence. Signs are currently. in place. He wants to be sure that this is covered by ordinance. His driveway trance Cummings, Traitic eConsultantscoamends approval as r. Georgge said this has been very helpful. He worked with the Traffio Division to gat these signs installed and that's why he wants to make sure they are covered by ordinance. G There are two crypdo ■ignsin place. But, they will park up traffic to the intersection. You can't avoid Srglstaon ndard d language. signs. It would be nice if there was one stasigns don't have room for English and Spanish. One sign t needs to say "no parking to the corner" in English. That would take ears of 99.94 of all those who park there, He isn't talking about San Antonio where the maworittho of the two , eal happy residents are Spanish. He isn t r signs but it's much better, We are making progress. Clark said staff recommends approval. The commission would be approving approximately 9o feet that's the distance from Bernard back to the north aids of Maple. Bacon asked it the commission needed to discuss the wording on the signs? Clerk asid staff planned on leaving the I existing ones up. unless he has ■ specific requirement, the I one from here to corner would be replaced when gone with a symbol "p" with an arrow pointing to the intersection. Bacon asked it word signs needed to go in th ordinance. Clark said no, Oeorge said that he had talked to Manual Coronado and he said that he had some stickers that would work. Clark said it's { not a problem to customise the signs. But, staff wants to avoid doing that all the time. Gore asked it staff had some signs that say, 1erohme Here to Corner". Clark said they could be made up. knows so 's do t. said that doesn'wthat bsbpartiol the lordinance butt willrk •;`n,. be reflected in the minutes. That's so it the technicians ly,.,as have to replace a sign, they will have to pick up on the g special requirements. I Coomes asked who would be responsible for building the curb? ' Clark said there are two options - either the City of Denton or the property owner. There is an option to go ahead and build the curb and paint it yellow, Normally, you're not suppose to paint past 25 feet. ASSOO499 r R•. ~.w...rj +iilM + , ~1~~ daNr LU Traffic Safety Commission Minutes:;C December S, 1994 page 4 S 06 to Coomes said the burface on Bernard is relevantly new. Clark said that can be added to the curb and gutter list. It would i t be about 1 years because of the back log of regaest. George said there is about S - d feet without curb that people can park legally. Clark said Coomes isn't trying to change anything, just add curb and gutter. Coomes said that would tie it up and look better. Clark said that could be added to CIP list in February. That would make it five years out. Gore said UNT owns the majority of the propetty around the campus. George said they own approximately 90W. He owns a small piece. Gore said UNT could come back and develop those locations and the City would have been out a lot of expense. Coomes said a lot of that is parking, George said there is a lot of ' u+ improved parking with lights. Clark said it's no problem to put it in CIP and see how it does. Bacon asked if there was some concern to keep signs standard. 1 Clark said it taken more time to look things up. if someone a. calls in to have a no parking sign replaced, you can't just C ' go out and replace it. You have to go back and find if there is an ordinance. it's not overbearing, it just takes a JN n:~ little more time. Bacon asked how far a no parking sign I covered? Clark said no parking signs cover from wherever the sign is to either a yellow sons at an intersection or the next si singleton said so that sign really does cover up t qn , to he intersection. ; Clark said that's correct. But now s many people challenge the legal system. o STAFF PACC!OMblDi Approval COMMISSIoNnst Luce made a motion that parking be prohibited on the north side of Maple from the corner of Bernard and Maple for a distance of 90 feet. Devine seconded the motion. Motion passed unanimously. Y'1 ~~t 5 ~ 118800498 Y ~ .w.T axn+y aRI "Oki NOV-M-1"4 WIZ CUIMXWGS & i PzW2771 J2V'Ci s • Pla+~n • E MEMORANDUM • ~~arda~o~Cj•~ - ~ Ag3r,~it;fa L DATE: November 19, 1994 T0: Mr, Larry auks P.E. 6 t~ Dieector of Engineering and Transporwioo FROM: Mr. Daanls R. Cummings, P.E. Principal Ent,ineer RE: P:rlde; Coooeres at Maple and Bernard `No PuW4' aigas w cwmdy in place, one on each side of the driveway immediately west of 9eraLt The driveway is a m mm earth emu and Maple at this oint has no cutb and 1 ~utw, As a r mI4 the only way to really proWtlcontrol peddq is with eigning. An octfiw a should be devakqed and presented to the City Council t1W prohibits paddag at all timed for the section of Maple covered by the existinz'No Pulsing dgaa. i ass f .d d r 4, a , `i Un fthw DAW 4 Sw* A# 0 moka+d"14 Aw" low 14 p14NA6Ma1 • liar C040004er i .sar rw rB\IC4 r 1 Dom $OCR.-, No pftqy'jw~ S16N _ ALI , ...~~5?A~.1l~E D.:wWT*t4 rrw tftST ~C4QROV.+ o Q r.. 9"evt ~citpE"RTS _ Y y y 2 ~~ST PRV4 1Wtt54Lk1 .KUuV. Ot~O.R P~Cft1~N6 ?R46 Nft P20 tit. s~m+ N~Sfl'~.~~TON of A uo s'PaK,uf, .51 ~e N. ~ OcN.b►• ~y b, :sr.~-.'L'~•~1N . ~ N STnt~~ot~ 1~ w o QK~"n "1'b 1 Lo GR?101V,.a~•,_ . r 600 pack ~ I _ ` ; w.K , D lira.}~~_ _ . 4 1 1 .~,y ALL'z~~t`1~IN~P'!!!♦,~~'t'\t-ixM•,X( ~ r 11 '~M \ ~`A.~r1'1 y 3'dyr •y _Qii ~~1V tM4 Ovi &.IT ' O•_►~£ AG2EE'A TO f~Ab 11iti t11oN„TO_S16tJ:JA ftfwd i 4W v.i4 V A~3,~G3;t37 t.S 10 Q Z ~ - Y' W A4 r Sr , r ` ~ ~ , ~ Id0 ARI~I~ ❑ M PARKM !i f" y F F F" ME To VEWMD +r y MAPLE I ,r f I ❑ F r~ { r } NORIN SIDE OF ALE 1~ W NO PARKM 11 ?S WW OF BERNARD 1"■SO' w '.v I Y~T..Y i kWP00c6%0RD%NWAAK.0A7 r ? NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF MAPLE STREETI PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. When signs are ereited giving notice thereof, no person shall stop, stand, or park a vehicle or cause a vehicle to be stopped or parked at any time upon the following street or portion thereof, in the City of Denton, to-wits The north side of Maple Street from the west curbline of Bernard Street west for ninety feet (90 feet). SECTION IT. 9 That it any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any rson or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the ='s validity of the remaininq portions of this ordinancer and the city Council of the City of Denton, Texas, hereby declares it would have f enacted such remaining portions despite any such invalidity. SECTZQN III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be deemed guilty of a misdemeanor punishable by a line not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordin&nce is committed, or continued, and upon conviction of any such violations such person shall by punished within the limits f above. SECTION IV. That 'is ordinance shall become effective fourteen (14) days from the date of its passage, and the City SPeretary is heru..y 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 ton (10) days of the date of its passage. PASSED AND APPROVED this the _ day of , 19____. BOB CASTLEBERRY, MAYOR i u ' its As. ~rl ATTESTI JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM XIKE BLCEKF ACTING CITY ATTORNEY , 1 ~ ',v 1 J 1 l f4ti1 r Y cJ4 ~ j rr ~i rr ~1, 1:1i YL r ' J 1 S yp I~ C .•1 1t i j ~ { ter. . . ...irzr..rwti•.w a tl • I r.~un'sYrWM~t•w..wr.•• •rn •n. ♦..x..~., ..~.nlY f~4 r ~ , , i'hrl~ ~r r.. r. w. 1 DENTON 1 0oooooQ~ooo ~ OOQ o V D OG>0 000 ~ r ~ app !n ti 0 D d d 0 cQ7 G7 cm G E °od ~ V_v ~DO o N ' Q 000 ~ ~oaooono~ r CITY COUNCIL { LJ i Y r 1 x ~4pESba1 l CITY COOCIL REPORT FORMAT ' c6m DATE: December 12, 1994 TO: Mayor and Members of the City Council , i FROM: Lloyd V. Harrell, City Manager i SUBJECT: Prohibition of parking on the west side of Bernard { between Hickory and Eagle RE COMMENM ION : i r; Approve the ordinance SUMMARY: This is an existing policy zone that needs an ordinance to allow enforcement. Beet estimates are that the zone has existed 20 or more years. r BACKGROUND: Request was generated by citizen in area after east side of zone was placed. City has contacted all residents. All in favor with no negative responses. i PROGRAMS DEPARTMENTS, OR GROUPS AFFECTED: Police, Residents of Bernard, Engineering and Transportation, UNT j Students, and commuters FISCAL IMPACTs,. $10000 RESPECT LY SUBMI D: r t , LL o V. Harrell City Manager Prepared by: Jer y c kt%p roved: ier-(Y)C104 DirbotorLof Engineering & Transportation r`' AEB00398 f Apr, 3iI5 G:t I a12_ ~ 2-061S S CM of DEN WN, TEXAS MUNICIPAL BUILDING 215 E McK1NNEYo DENTON, TEXAS 7620! {a 17) 566.6200 s DFW METRO 434.2529 3 +t 5 + f MEMORANDUM js +ti` , t DATE: December 13, 1994 a TOi Rick Svehla, Deputy City Manager FROM& Jerry Clark, Director of Engineering & Transportation ti SUBJECT& Prohibiting parking - west side of Bernard from Hickory to Eagle This is ¢ 'policy" no parking zone that has been in place many n~ years. he petition from Mickey George'covers those details. As t., per staff evaluations this narrow road does not have room for x ,a.;•i parking, The commuter students that do park there tend to block drivewaysi They generally hurt the safe passage of cars and } adversely effect pedestrians. ;,i•' Traffic Safety and staff recommend approval. This again is not a new zone but providing an ordinance to allow enforcement of the existing. This alo replaces the signs between sycamore and Highland that were moved and identified the problem. Je C "r H,` V ,t } , I ARR00499 .Rr r h .i, .1 "Dedicated to Quafiy Service" n ! N f a i , .day a~ t. \n DOC 6101MBIR11AM PPA i ORDINANCE NO. 3 i3' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING AIN OF ON CE SEVEIABILITY CLAUSE; PROVID ING AS PENAL YN OTDTOTEXCEED TWO PROVIDINGHUNDRED DOLLARS; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: sECTrON I. That when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle or cause a vehicle to ' be stopped or parked at anytima upon the following street or portion thereof, in the City of Denton, to-wit: The west side of Bernard Street from its intersection with Hickory Street to its intersection with Eagle Drive. &ECTjQN ii. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application ' held invalid by any cours thereof to any arson or circumstance is of competent furisdiction, such holding shall not affect the validity of the remaining portions of this ordinances and the City 1 Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued there- under, shall be deemed guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person b, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations 1. such person shall by punished within the limits above. MECTION IV. That this ordinance shall become effective four- teen (14) daya 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 news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of - ~ BOB CASTLEBERRY, MAYOR I .•41M " . A7NM ~{~ont~d~I~IT c r ~ r i Agf criB, J ATTEST! Q~;~ LZ qs JENNIFER WALTERS, CITY SECRETARY r BY: APPROVED AS TO LEGAL FORMS e MICHAEL A. BUCEKI ACTING CITY ATTORNEY EYt' 4, I• ~TH. ~~lip V r tilt ; ' I I L: A i;I is 4t PAGE 2 • 6 n. Cs , ITEM 82 CONSIDER NO PARKING ON THE WEST SIRrk OF-BEMARD-FROK HICKORY TO EAGLE: is This item is another one of the old "policy" no parking zones. This zone seems to have been in place from Hickory to Eagle, since the 1990's or early 1970's. Enforcement of no parking zones now require an ordinance that provides for limits, description of prohibitions, and time frames (if not 24 hour). In your general business section, we have provided an inventory of all the no parking zones and the associated ordinances. There are at least 11 more to correct up to current r. standards. We owe thanks to the two Police Parking > Enforcement officers for their inventory. Mickey George has provided a detailed historical account of the issues which is attached. He lives at Maple and Bernard on the northwest corner. We have also asked for an analysis from Dannie Cummings of Cummings & Pewitt. Historically and operationally, this "policy" zone has worked well in the past. Bernard is a narrow street that carrics approximately 3,000 cars per day. The design characteristics of z, Bernard are that of a residential street. But at 3,000 vpd, it is loaded at the upper end of it's capabilities. The new zone approved from the request of the Oaks i° Apartments resulted in this problem surfacing. The heavy :I impacts from UNT students that don't pay for meter or permit parking creates the traffic and the free parkir'3 scrambles. Staff recommends approval of the no parking zone for the t west aide of Bernard from Eagle to Hickory. r rt, V ASS0041F l 1*l I i .V b MINUTES Traffic Safety Commission December 5, 1994 6 0~, !s PRESENT: Mark Cooties, Larry Luce, Carolyn Bacon, Kathy Singleton, Kathy Devine, and Chair, Alice lore STAFFS Jerry Clark, Liaison Captain Jim Dotson, P.D. Lois Scobee, Administrative Secretary J " r.r I1 CONSULTANT: Danny Cummings, Cummings 4 Pewitt { ITEM 4,1 REVIEW OF MIMnES - NOVEMBER 7. 1994: Luce made A motion to approve the minutes as written. Singleton seconded the motion. Motion passed unanimously to approve the minutes as written. ITEM e7S7 CONSIDER NO PARKING ON THE WEST IDS OF BERNARD FROM HICKORY TO LULB i Clark resented the re p quest. He said this is the area just to the east of UNT. A lot of their parking lots are just to the west of this location. Bernard street is an old narrow street. i This section is between Hickory and Eagle Drive. The issue arose recently because sun years ago this, was put in place by policy. Some more of those signages havj surfaced, as staff is gearing up for the Court of Record, ordinances must be established to enforce them. 1 As you notice in the Oeneral Business item, staff has been able to do a complete inventory of all these tones throughout E the city with the help of the Police Department. Plans are to get ordinances on all those prior to things like this happening. Traffic Safety recently approved a no parking ordinance in I front of the Oaks Apartments based on the fact that there was enough on site parking for their residents. People were having difficulties getting in and out of their driveways. During placement of the signs, for the Oaks Apartment■ on the east side, staff discovered there wasn't an ordinance for the no parking• signs on the west side. To be cost effective, the technician moved the signs across the road. Unfortunately, that has caused major problems for quite & few people. Students who don't pay for parking at UNT or meters { are using streets like Bernard to park on. Staff had all the no parking signs taken down on Bernard from Sycamore to Highland. It has caused fairly significant problems, The Police Department ham been working hard to get the parking public warned that there is no parking on the east i side for athe nd Oaks 'Apartments.Most of the people were though it is give p parkitg on the street stun posted no parking. AXEO0499 ` ofi' w Ai ryer r 1 i I k ;'o 9~ -OCR / Traffic Safety Commission Minutes December 5, 1994 4 page 2 _ { ' - O-9U ? S The letter from Mickey George gives the commission the rest of the history of the past and residents in the area. Staff distributed handouts to each door and asked them to comment if it was appropriate. The letter asked them to call staff stating yes or no. If they didn't call, it would be assumed they were in favor of the proposed ordinance. Three to four calls were received in favor and none in opposition. J Staff assumes that all the people living along there are definitely in favor of the request. Also included in the backup is a letter from Danny Cummings Cummings i Pewi tt who feels this is needed. In your letter of recommendation, there is also another consideration for a 4-way atop at Bernard and Hi9bland. So, there re is is a lot of ? traffic considerations at this location. Staff recommends that "no parking" be reinstated. The ordinance is ready and staff will t to try get SL on the December 20th City Council agenda. It could be in place by early January prior to students returning for the Spring l semester. That's the staff goal. Bacon said she thinks it's an excellent idea to have no j parking there. But, her concern is will it move the problem tc somewhere else. Does other surrounding streets need to be "i addressed in an entirety? Clark said that's a tact of life. i Whst happens is if you move parking for enough away, theyy won't walk that tar. That's the only way to get around it. The other way is to ban parking altogether. Thera is no way to keep students from doing it. Anywhere you have high schools and universities, there ■re going to be parking problems and Denton has two universities. There is a chance these folks might move. :hay might decide to go ahead and buy a permit. Bacon said then staff doesn't see another street becoming t taxed with the same problem. Clark said the real issue arose here when the no parking signs were removed. The signs rs still up except for Sycamore to Highland. An example of how quickly they move in was evident when the signs came down. The rest of the signs weren't removed, so they didn't Luther tbose spaces. The people who will be relocated are those at this location. There really isn't much parking going on :9 between Sigle/Highland and Sycamore/Hickory. Mickeyy George came forward to address the commission. He j said he wants to address Carolyn Bacon's comment. He has great empathy for commuters in this area. Even in spite of them beinq a nuisance at times, he has great empathy for j their needs. It is a now gave every semester at UHT. The students come t., back and check out areas where parking is available. if they A E00499 1 - I I~ Traffic Safety commission minutes Q 4 'Q(1 December 5, 1994 ; i page 1 don't have to walk far to campus, they will park on the street. It is not a large section that he is concerned about right now. He agrees with staff in trying for this to be posteel by the Spring semester. The signs need to be in place by that time, so they can see the situation when they scope it out. Thera is only a short period of time during the day that this problem arises. It last 5 days a week from about An;' 900 a.m. to 1:00 p.m. If there is parking on the street, they won't park at UHT. There are lots of streets where they j park. During the weekends or holidays, it isn't a factor. f The street is narrow and lacks sidewalks or they aze in poor E condition. So, when it rains they have to walk in the street b making for an unsafe condition. One other comment, because he will be gone, Clark mentioned a four-way stop at Highland and Bernard. He does not recommend it either. George said he understands Bacon's concern about commuter parking. Bacon said she isn't taking their side whether they park on campus or not. Her concern is whether the problem would be pushed to another street. George said if they know the no parking signs are there, and the signs are clearly in place, there isn't a problem. The signs need to be laced at i 100 yard intervals and clearly marked s0 traffic police won't era they can have and can't park. of He i would training to have signs in " abundance as much as possible, considering the expense, and clearly visible. The signs should have words that clearly depict where no parking is, so that nothing can be left to the imagination. If you see a sign with a "P" and a circle with a slash through and it's close to somethings llow, you ` immediately assume that you can't ark in the yellow section. ~ That seems to be what the Traffic Division wants to go to is these ambiguous cryptic signs, In this area, it needs to be clearly marked. In the past, it was easy to do depict the west aide because the signs were very large. He would like to see the signs in place quickly, in abundance, and be clear so the commuters won't be tricked into a violation. This would take some of the burden off the police officers by not A "I having to giro so many tickets. STAFF RECOHNEND`Di Clark said staff recommended approval of no parking E on the west side of Bernard between Hickory and Eagle. Devine said she was in favor of having no parking on the west side. That street is real narrow. It's unsafe the way the r parking was. She likes the idea of having lots of signs. She disagrees with having a lot of word signs in a community that has a lot of Hispanic people. Students that are college level should understand what the signs mean. Clark said A these signs are in the drivers teat book. Devine said she agrees that there should be a lot of them. Clark agreed. ASS00499 i i i , 17 I Tra[!ic Safety Conmission Minutes December 5, 1994 1 3 page 4 8hu Q ; AAGC~a'~9r I q q6 ts' !k r CdNMI89iON6Rgi Bacon made a motion to accept staff's recommendation. toovapprove Ao seconded motion. Motion paced unanimously the the west side of, Bernard t between Hickory and on Eagle. ~ r r ~ , 4 4, I `lam F'orr s , , Pd, A i ' r .i'l~~l ve~ nyrt. n ~ r! .Y ~'b"tn ~ ~ 111 y r 1 •r . r ai: ` W, .r 1f I I Try ~ 9 I~~ K ASSoa1 a ~%»ar"~ yr` ~ 92 - i . bq~ 41 r • ~ ~ r1 • r r. aa YOM v MW ]0 0 00 C3 C} Z~ D O CPp Q Q of o 2 ° 13 00 Q p ij 0 "70W 0GE2W 000000013 A X 00 QD❑~ a Q p 0 0 Cl Oo° 'Q P C" c 06 o ~ ° E~ ° a a q a Q Q a oQ CC3 Q a o paado co ~ ga~ Dad $ g~C~1 Q ~ B O °O Q d o ° 4 ° ❑ 0 o o CD Do n, p O,TE13 'r age o 9 e , ° 00 o Quo © rj f ❑ co o © ~ No VAFMG C ~ooo~ 0 G3 a 0 cXQ Q 00(l o °ca okm ° o ° 0°0 0 12 a WEST SIDE OF BER~4►RD eldaNo 94- NO PARKING .2 S FROM MCKORY TO FAOLE a' -~-zo -q rm2% a~ 10 r~ i ~ W177; INC. MEMORANDUM 2110 C? DATE: November 29, 1994 TO: Mr. Jerry Ckark, P.E. f f £ 00 Director of Engineering and Transportation 1 11 FROM: Mr. Dame R. Cummings, P.E. Priacips Engineer i RE: Parting Conwna: 3 Bernard between Eagle and Hickory 1 i Hiswricaiiy, Puking has beet prolaited on the west fide of Bernard between Eagle and 1iid". During implementation of the meetly approved City ordinance that dedinates the east side of Bernard between Highland and Sycamore as a'No Puking' zone, the enforcement signs wets removed tram the west dde of that ssctiaa of Bernud (where no ordinance exists) and Installed on the east side of the street to make the new zone. r j The result is now a mhos of three dgoed'No Parking' zones: two on die west side of Bernard ~ i which era not covered C' oananoe and one on the to side of Bernard that is covered b Y ordinroce. Street wtddn rout Barnard vary from 27.3 feat to 33.0 fed tare to face. The 27.5 foot dimeatioo oam bat m Prams and Sycsmors and with minims trafr9c volumes is the midnsum wWth oecessary to am parallel parking on one side of ire street and still maintain two way traU an &a remataing wW&. A strew widdt lest dw this or modente traffic voiuma *=M require either 'No Parking' restrictim on both On of the serest Or dwelopmont O( a one way street sactioo. Patidag is always a very critical irate oo City streets ntrouming colleges and universities Wad this era oar UNT Is so differsat. On street parkiat should be allowed wberevw feasible; but when traffi. operations become compromised such that a potentially unsafe dtuation exists, perking restrictions "Id be *Ieamted. Due to the oartownas of the street, the limited room to develop the appropriate length of t:rardWoo ate wben changing parking from one side of the street to the otter, and the potential for moderate trdkic volumes oo Bernard we recommend that the parking spin be pcothited for that section on the west side of Berard between Hithiaod and Sycamore. 1418 Mmhw*m Driest • Adle SM s Rkhenkso% 11 ow TOM CU4416401/ 0 bear a1*##&d '1 owl I III During our field r.jew of Baturd, it was our opiWoo that additioM 'No Puking' si8S were needed to spproprjjt4 g'el' the 'No Puling" restriction to motorists- For the most put ; block. We recommend that the City consider installing an additional sip gn oo each blot was only m sign per xl=Wy 2/3's of the blocks leegth• dC at appro OtdimWO should be deve4ed and preseaud to the City Couwu U summuy we believe trot as he puking on the west side of Beroa►d between Eagle and ity that gives autbol to prodting Hickory. The CitY's field staff ca tben re-sign the secdon oa the west side of Bernard between Highlsad and SYMMM and at the same time rstsu the addhioasr dgas we mve . ' Dr'c=~jS t 4 { is a , r ~ % i i i I F02 ~Arnr~c n F ~t ~~ti~pl c, ~ n S ~V I~j b QZkSN{~s (11 ~.31T fZR C[~~1 flftt~ n M jh AA, rye eAA%i PQ41~ 1 fJ E7f'Ittt~ v ~u- ~l tar . _~~AOV~ d~1wN.'Y1.~__~~r~1~1{~~ ST 4kw1~ I ~ i _'l1 fL~~nnnvA.~ r~ t ~4c<e c w,` n Pr,.~ n f-rzs 4 c A,K, ettE To gip, r Ip f~t`iyE-~ its -rte r h4 RUCK OF e"Q ?0 • L 0 r_ to Le f ry Nome I Svc." Qpcf'&m' So rn N QE hL1h-- ,S lhn,wn \c anne~ss~ca 'te . A Q -rl" cMr -tone, Pti% JX q11+A rt,`.a+~nw~ Jtnn,rvi~u~l tS 02MICU 2 rim tam) l1~`tNhit) 1Z WnStT C11 r AlScl hl ot1w i • + 1 rL;'1+•.w oY oNTK V,=lJLsleg f CA k~* ^,•.1,4ry .}i1 ,t'~~ ~,JC 4~ LK~+~iS ILl]. TIM-4. ma &01 10 aG SZ1R ~ .K f. WOL } Fit AYE r ~ A { rM ® IL i~ F-1 EAL_J~ L~o®D -mil 6 f OO OAK 1 0 go COO] d w LJ S~ I a'u I ~I roar ~ - 1. ~'I ~ w , try { III I ~nrn u ~O"1! Jf .L E J I:'4 ^}•i;. it AN S 'rye` r. 51 nTtrTnru ~i W + t LRAT Zrceai J ~ I \4i it ~ Lr Ov I ? r, 3 Fa ~zrs.s 1 DENTON f: ooaooa o oaaoo 00 O D 6 ooQ Op a LZi y . ICJ 4p~ o N; ~Op0 VOODOO ITY COUNCIL Ilc;. ~xr ~a AQIAdINOM CITY COUNCIL REPORT POR.M*T lobld DATEi December 9, 1994 TOi Mayor and Members of the City Council RRONS Lloyd V. Harrell, City Manager SUSJSCTi No Parking on Lakey and Wilson street at the intersection and southwest corner UQQH SNQAT,lONy Approve the ordinance f 6UNKA8Yi This rsqueut is from the NICK group working with the Police Department to address crime and undesirable late night activities. UOMROUND This vacant lot is the site of undesirable late night activities during and after park hours, since no ordinance prohibits it. The owner lives in Detroit. ice 3 attempted to`get approval, but received no reply. The letter was sent Federal Express and was never returned, so it reached it's destination, i w 3 PROGRAM, DR "TM NTS, OR GAME f/KCM I NICK, trod Moore Park area, and Police j $100 for Sionag4 RBapKCT LY BUBM t Hall- rre ' Prepared byi city Manager r~ E , t ~I- Approveds Jar y az"` i Dire er gineering a Transportation AK600310 ~s r 11 1 4 tn C^O'aNo O i MEMORANDUM DATEs December 2, 1994 TOi Rick Svehla, Deputy City Manager FROMs Jerry Clark, Director of Engineering & Transportation StBJECTi No Parking for vacant lot - 702 Lakey This lot is adjacent from Fred Moore Park at the southwest corner of Lakey and Wilson streets. People tend to cc-ngregate along both frontages of Lakey and Wilson otreets late at'night, especially .after'the Police wove them out of Fred Moore Park. At the Traffic safety meeting in August 29941 Rus,y Cole of the NICE group asked that no parking be provided here. T}►:a was requested r to'eupplemant the recent changes as per ordinance 94-178 at Fred Moore ;Park, NICE and Officer Cabrales were the instigators of these positive efforts to address crime. We tried through the mail to contact the owner of the lot in Detroit but were unsuccessful as no reply was received. This ordinance would be installed without agreement by the owner. isrnothbesveral site ing used at vall. it eis have mowed, observed but the no parking would not hinder that. I We recommend approval. i Jerry ark l , AlH00~79 .,ur r R~\IQDOCR\DRD\MDFRLMt i _IL), NIIrL ~Q X- V nee ORDINANCE N0.3' rQ s a i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING y OF VEHICLES ON CERTAIN PORTIONS OF LAKEY STREET AND CERTAIN PORTIONS OF WILSON STREET? PROVIDING A SEVERABILITY CLAUSE? PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION L When signs are erected giving notice thereof, no pperson shall stop, stand, or park a vehicle or cause a vehicle to be stopped or parked between the hours of 10:00 p.m. and 7:00 a.m. on the following day upon the following street or portion thereof, in the City of Denton, to-wit: The west side of Lakey Street from the south right=of-way line of Wilson Street south for one hundred feet (100 feet). The south side of Wilson Street from the west right-of-way, line of Lakey Street west for one hundred fifty-seven feet (157 feet). $~CTION ti. That if any section, subsection, paragraph, 'sentence, clause, phrase or word in this ordinance, or application ` thereof to My part4on or circumstance is held invalid by any court i I of .competent uri.,tdietion, such holding shall not affect the validity of the remaining portions of this ordinance, and the City F Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III Any person who shall violate a provision of this I ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be deemed guilty of a misdemeanor punishable byy a fine not exceeding Two Hundred Dollars ($200.00). Each sue person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any 1 such violations such person shall by punished within the limits I above. F SECTION IV. 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 f newspaper of the City of Denton, Texas, within ten (10) days of the j date of its passage. II `I 'r t 71 PASSED AND APPROVED this the day of UDS to `19_. i j' l BOB CASTLEBERRY, MAYOR ;t . ATTESTS t JENNIFER VALTERS, CITY SECRETARY F C APPROV110 AS TO LEGAL FQWir Mike BUCEKo ACT1WQ 'CITY ATTORNEY r e r. f fT i~, nT f , , M14 a . t 4 FQ f 1 E ,tea. -~:a~ ~ D ❑Q a D D r D ~ WILSON El El i ❑ l I Y s' "owl U ,p Trattic safety MSnutss october 7, 1946 4a~ pag . S a . 1 that would be an exception sins construction is Qlac on• Normally, they want you to haw. the now lc in place and it, so your speed study will retUct t the e new facility. then delving on will If Ten prefers. staff can ask it it can be done now. Luse said it staff waits until netitc uld be nice to 0pan up at the becooe a habit of people- 35 mp eason Tsd sons around the school She that yonreaR Only edrope20nmr4 ht a ~d egress that staff should ask the stale for a special cones esstion because 75 mph Dore asked if this would be on the next agenda. Clark said stale will have to have time to do the speed studies. Thor. can only b done on Tueedayp pednesday, and Thursday tbti willtQe ahead land f lJor"I days versus Mondays and that started now. Devine said to w=1a a letter to Tom getting bar. It on the safety of the children around the school sons. STAFF pI00HOWDIDI whiehavill be ippliedtto thelprsvia40 schools prei.ntsd s•`d the small Change OR Iwre where the crosswalk was left on the south side versus the north. Jackson asked about the afternoon speed limit, is this duet p01011gi0Mt1111 !or the44 elementary schools? Clark raid yes. When slat! oar hi h hae" dlftenlntlljmes so that wilwill be l be tough lessee they all tough- Bacon ands a motion to accept staff's recommendatioe. Davin* seconded the motion. Motion passed unanimously. ♦3 sense? ?or NIt°A~ 1Lrn rAIM IsOSITWU .flan-mss ~ r ~ i Clark resented the re4~'sat• as said this it the vacant lot looked 1 at last month. It is r ght aaress from Prod Moore Park. Fred Moore ' Park is northeast Of than. Btaft has not heard from the propertppp owner In Detroit Kiohigall-res not lay not 'e bseadd e~80,tcomments andtthe PIpC$ Or up hthere not c care to. . Dut This would enact baslCally the AM* ite 1s a reel eo mmunity lifter 10100 P.11, It would stay 4u nqulatiol►s of ! no no parking AS soon as the park Closed, j not be used as a s}Ming Point staff will have to work with Legal to make aura there are no lems the ing i! they dorns~ ff can bring iitback to the commirslonrartly 00"d. Approval of no parking from 10100 p.a, to 1100 a.m. Devine made a motion to approve the request. Luce 0OHN1118I0NI11B1 s.COndad the sotlon. Motion passed unanimously. AIRO0469 f 1 ts,irp W{I 1 'yo Traffic safet n"~^11 r Y memo +0 d f 8eptembbr 27, page J 1P91 n~ 'rJ l; iij ? t r' ? ~ s d ITBM + BIDER Ng PA"or U FOR VA uT e~yn . ~ . 70_~ L~~,. NILSON rm * sraY f3 rruvvcT The lot is vacant with no structures or any use at all. The lot is rt adjacent to the park, but the parking regulations that limit late night activities do not Apply to this area. Nan night activities have been transferred over to this vscanc~ lotato latr has been mailed to the owner in Detroit, Michigan asking that at they sanction a "no parking for the street frontage on this lot. As 1 You are aware the NICE group through Ruby Cole requested this be s considered. Due to the adjacency and neighborhood com recaamndt,that no parking be approved along plaints, staff Nilson and Lakov streets on this lot. Cooperation with the serious law enforcement issues should be a priority for ad Cityio n ir^ ,I Denton. r ch g e Cit f 6= ~~a r'I 111 r rrc. i r to ' r ` J `r x'. . C "200443 'r ,.W de- i TSC MINUTZS i'..kI r August 1, 1994 J2~20- I Page 3 j s 1 S.. keeping the park clean, quiet after hours, and having people not vandalise the park property. 8opefullyr this change will help in eliminating tout problem. One of the problems they are currently having in that the park closes at 10300 p.m. Rut, they realise that they can park on the curb line until MOO p.m. Therefore, officers can't do anything , unless they step onto park property. They will have their radios 4 going and consuming alcohol standing on the street curb line until € 1100 p.m. The Police Department doesn't have the manpower to basically baby sit the park in order to be sure and enforce the r City ordinance. 'j There is currently a task force assigned to work the park on 1 bicycles from about 7100 p.m. to 1000 p.m. when the park closes. i He is one of those officers. There has boon various arrests for consumption in the park, for littering in the park after hours' 1 impeding trafflo, an increase in narcotic transactions on the Bradshaw aide of the patk predominantly since those is only one residences on that side, at That's why he proposed the changes in consistent with the NICS committee to keep the park property 11 1 4Y~,~13 I intact, keep the noise loyal down, alcohol consumption down, and why I littering. Ruby Cole, 719 Lakeyr came forward to address the commission, she said she is the chairperson for the NICB group. They have been working with the Police Department trying to got these laws passed rr~ to calm the noise, As a resident and chairperson of the NICE group and spokesperson for the NICK group, she, wishes the commission would consider passing the ordinance,. Sarah Parker, 736 Wll cn, came forward and said she agrees with the ordinance provisions brought forth tonight. There is quite a a bit of noise In the park. All tinws of the night after the, park W t closes, there are people right in front of their houses with loud fti radios, people talking all night after the police have gone. She gE hopes the commission will pass it. Robbie, Goldberg, 734 Wilson, agrees with the ordinance brought jr +.x forth tonight. it is really a problem. she, would appreciate , anything that's done. One can't watch their own TV. A lot of 14 kb'~? time there are other things that go ona They heckle the elderly. t '!E Coleman cams forward and maid she should have mentioned the west ayw, ~ and of Wilson street. It is becomi% ailroblem because, there is a vacant lot on the, corner of Lakey and Nson, The house next to that lot burned and people, are congregating there too. f Lieutenant Bummers u d e lloroscent light has besn puu there but it's still a problem. Gore asked it was parking. Coleman said y a, Trash is accumulating on the lot. That whole area needs to be kept clean, she w,Ants to know if that can be included also. t ,k Clark said if the commission agrees In principle to what Coleman + nzlZa Maio h~ AX900413 f 1k f I IN ,,1 , AMU YV,Y I 4 q q LV 1. ~~lj -2O E TSC MINUMS Cq jd August 1, 1994 page 4 E staff can investigate with the police and lump it into this. But, if the commission w~Anottheriwayi s tion for,1heacohas stated, mission present it at the next meeting. It will have to be the same time to say that theconcept era some residents in the neighborhood frame. Although, is for staff to present that has to be notified. The safest way ? it next month. ekage and see Gore said robleme itu creataseorgeliminates.o Itim 9h~solve the Officer Cobra so could give the what p problem at this corner. commission feed back at the next meeting. closed when park s in a a nt to t h Jackson asked if the parking lot djace the park is closed. Clark said there are o parking sign the lot. Clark asked Cobraleo if that was the e original intent. Cobrales said since it is set inside the park proPerty, it's considered part of the park. Devine asked iE a sign could be placed at the parking lot to s i indicate that it is closed too. Clark said that could be done' STAFF RECOMM"Dt approval t the revisions ' ° cON4I88IONSRB~ Jackson made cation de acceD proposed. Devine seconded the action. Motion passed „1 R* unanimously. S rx f Q1µ1 ' 17., I , 14 ABI900413 S E r sl ,1J se September 13, 1994 Py 1 Annie M. Smith 16220 kentucky Street Detroit, Hi 48221-2906 RE: 702 Lakey Street Dear Me. Smithy On August It 1994, the Traffic Safety Commission reviewed and approved a request to establish no parking zones around and near Fred Moore Park. This request was initiated by a Police officer i. and an area N.I.C.E. group to cut down on crime. These zones will lessen gang activities and improve the quality of life in the r neighborhood. There is concern that gatherings may occur on and around your vacant lot at the above address. We have been asked to extend •no parking" to your lot. This will heighten safety in the community and alleviate possible trashing of your property, % We. will 'be placing this re ~ quest on the next Traffic Safety F; Commiasion agenda for October 3, 1994. We would like to hear from y' you regarding your recommendation for approval/disapproval of this request prior to October 3rd: Sincerely,. Director of Engineering & Transportation E tr ASE00430 , .r: y'LNCII,L ►Y/OrW~ 1 DENTON t O O oooa ~ooo 0 0 D Q o OF K9 o ~p © C3 Ci a 00 0 ,N ~ ~p0 Opo pp0 h 6 aQO00 r IZ'' o UNCIL, d wool i i AN* AWidal DATE: December S, 1994 TO- Mayor and Members of the City Council Lloyd V. Harrell, City Manager SUBJECT: No Parking on Ruddell Street along the west side between U.S. 390 and Mingo Road B8~4'~DATIONe Approve the ordinance This van requested by Texas Woman,@ University for safety and liability issues. They own the entire frontage. Traffic Safety Commission recommends approval. PAC Mttil;t The request was due to golf balls hitting cars with resulting liability to TWU, the parking from the apartments creating line of sight issues, and the fact that • Ruddell is a bunk collector street. E TWUe Police, Engineering and Transportation, motorists on Ruddell j; YL9~CAG IMDl~~ ~ $Soo for Iignaga , a t ; RESPECT SVBNZ i r tJi o rra z prepared bye City Manager f Jar ar i Approved: ar air Dirt, or o, angigeerltg r Transportation ,f A19800196 Al+ ~I MOB rrs ary P i 1 ~ ~s,ttfaN~ / I MEMORANDUM I DATES December 2, 1994 TO- Rick Svehla, Deputy City Manager FRO.': Jerry Clark, Director of Engineering & Transportation i SUBJECT: No Parking on Ruddell Street I This request from TWU.is based on their need to address liability and safety issues on the east side of the golf course. Ruddell is also a busy collector street that needs more, lane width to aid the truclc traffic that regularly uses it. Finally, children and others i 'darting oyit between parked vehicles, including semi-trucks, is very hazardous: i' Staff"and tha Traffic Safety Commission recommend approval. hJY ~r Je Cl r - r - I 1 I . r ~ A2200479 re "Wi i1 ~1fLLGC/\d1D"20DK=.1, i r ORDINANCE NO. ~2.•_ 2G-QC~ i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF RUDDELL STREET) PROVIDING A SEVERABILITY CLAUSE= PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: =T10_I• When signs are erected giving notice thereof, no ; person shall stop, stand or park a vehicle or cause a vehicle to be a i stopped or parked at anytime upon the following street or portion thereof, in the City of Denton, to-wit: { The west side of Ruddell Street from its intersection with East Universit Road. Y (U.S. 380) to its intersection with Mingo ' fiZ9TI- ot_ .y.• That if any section, subsection, paragraph, sentence, clause, phrase or word In this ordinance, or applicatiothereat to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. i, i ~ filCLU&LIU. Any person who shall violate a provision of this ii ordinance, or fails to comply therewith or with any of the I requirements thereof, or of a permit or certificate issu thereunder, shall be deemed guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200-00. person shall be deemed ) Each such every day or guilty of a separate offense for each and portion thereof during which any violation of this ordinance is committed, or continued, and u such violations such person shall b Pon conviction of any above. Y punished within the limits 6ECT-tO- N _rV• That this ordinance shall become effective fourteen (14) days from the date of its and the Cit secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official official E newspaper of the City of Denton, Texas, within ten (10) days the ' date of its passage. f i PASSED AND APPROVED this the i day of , 29 i i j BOB CASTLEBERRY, MAYOR 1I r ATTEST! I 'JENNIFER WALTERSt CITY SECRETARY : APPROVED AS TO LEGAL FORMS a}; MIKE SUCEKo ACTING CITY ATTORNEY Fu ; I I ' r r r I of Y.~ ' ,I I r.e s 0 ~ t i t VET ~ , YO AK ~ LL~I"1i o N a , rw I t Ir 0" coin "r i 4 A ~ MKAO e y ~ l yn, /~"~l tt I F. y D ~ WW ~ y S i {1 i ~ 1 OAKI aY I i PAISLEY gi I ~w.uyr •airs 1 IAIA Traffic Safety Mesa A~;~~~aN4 S L September 97, 1994 Agsi:61 page 4 U _ i-2 0lI L v ~ i IDBR Fig~T39T FOR do PA~xINO ON TNS WRAT SIDE OF RI3DD8LL PRSSS r>w HINCITY TO MIM ROAD3_ This is a petition by Texas woman's University. The entire west side of Ruddell is parked solid with care from the Timbers Apartments, on the east aide of Ruddell. TwU owns and operates a golf course along the west side. Ap¢arently, the residents who are parking have been claiming damages from golf balls hitting their cars. We have also received a large number of complaints from E. people who drive through the area of not being able to see people walking out from between the cars. % Ruddell is an arterial and is a truck route. It is recommended that you strongly consider this removal of parking. Field observation shows that there is adequate on-site parking if the residents use ` it. The apartment complexes are responsible for providing this type parking. In some cases, Ruddell is getting truck and semi parking. ` our recommendation to change Ruddell to no parking on the west side t! is based on safety, the request by Texas woman's University to limit liability, improve safety by addressing the people walking out from between vehiclty, and to support the functionality of Ruddell Street collector that a major recommend king' on Ruddall Street between you PP rove the "no U.S. 3you i~ 380 and Mingo for the west side as requested by TwU. John Erwin will be at the meeting to address your concerns and questions. J f Ii` , ry o { Y ` t , at,.1111 { A8600441 Rn vr.M. i j{ 1 F~an~~No C414-OUI Traffic Safety Minutes A uLjzitn SL October 3, 1994 page 11 70~ f d h i F ITEM }5 CONSIDER REQUEST FOR NO PtLoRIN0 ON TH8 WEST SIDS OF RLrJDELL 1rROFs ( UNIVERSITY TO MINOO ROAD. Clark said this is a request currently own the by Texas Woman's al University. care that They Y olf course. Ther 9 e are several west side of Ruddell. TWU is having severe problems with claims ms from golf balls hitting cars. Staff has also heard complaints from drivers who travel through there. This street acts as a major collector and it is also in the truck route ordinance. It's consider to be important for more than residential traffic. People supping out from behind parked car is of great concern too. The ether issue is that when you build a to build enough parking lots to handle parking. buildings The eisyenough parking at the apartment but it is not as convenient as parking right in front. John Erwin from TWU is present to address this issue and answer any questions, The request is from US 380 to Mingo Road along Ruddell street. John Erwin, Director of Public Safety at Texas Woman's University, came forward to address the commission. They recommend approval of this no parking zone for all the reason's that the City has stated. The university is having problems with golfers who aren't exactly ready for the pro-tour. Children are who reside in the apartments are of great concern too. They tend to run across the street after balls for the $1.00 given for used balls.. Ruddell does carry huge „ volumes of traffic, Vegetation has been planted along the fence line but it will take several years to grow to the height to restrain the golf balls. The no parking zone inconveniences no one since the university owns all the property along the western side of that street. He recommends a pproval of the zone. ~ r' Duncan asked who pArks there. Erwin said usually tenants and r visitors to the apartment complex. There is plenty of parking onsits. They just want to park on the street, i~ Devine said yesterday there was a semi parked on the street. Erwin said thdt causes 'a line of sight problem. It hascaused some { TWU officers swerving problems as well. 'wi11 enforce the no zone in conjunction with the City. parking' Clark said it would seem that a fence would be the solution to the problem. But, that was tried along Mingo and some large storms blew that down causing some damage. That's why they're reluctant to do that. STAPP RECOOGNDRDs Approval CO NISSIONERSi Duncan made a motion to approve the request. Bacon seconded ' the motion. Motion passed unanimously, f A2200460 owl TEXAS WOMAN'%,La J2-20-GIO UNIVERSITY 8c~g:g- DE%TO% DALLAS HOL~TO\ DE PARTM E\T OF PLSLIC SAnT' S~d 9'99 17'=OULANO Jr: Drawn.n N!,W-3io Phxa. g11 40*INIl ,r \ L'- September 6, 1994 ' Mr. Jerry Clark Director of Engineering and Transportation City of Denton f 215.East McKinney Denton, Texas 76201 Dear Jerry: The Texas Womanle University mould like to request a no t zone designation on parking the vest side or Ruddell Street from University Drive to Ringo Road. The University owns all or the property abutting Ruddell within the requested area. The request is made because there has been several cars parked along the curb line that have been damaged by errant golf balls. The university is planting trees and shrubs to act as barrierst however, it will be several years before they have any ~ . effect: C Your consideration and approval of this request would` be appreciated, }Irf, Sincerely, - .ff x John We Erwin ,~Itr? Director or Public Safety J"Ito a) < r A= A Cmny+rvknti~ r PnM4 Urrr;rru7y Pr(mdnly h» N'umrn ~~,+°r~ An F.~uaf l~whrnrW7Allirnwh(Y A[trurt FmPI~. x! qb'. Nm~Y,YMnin{s,,.}6YiW13Ah u.r. ..,,aa r., o-a ,n.✓ . . M'An GyY~~{ Yt DENTON 00ooooodoooo 000 °1, °vNj 00 o 0 ~ ~D a o c~ r o d OOH ~Q 4p s 00~ ~ r~ ' K 000 aoonoonoo COUNCIL CITY C surf+.riT 72, Dat cem 20, 1994 r 9f u CITY COUNCIL REPORT FORMAT j TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager i SUBJECT: Consider adoption of an ordinance amending an agreement with City County Day Nursery for $22,223 In improvements to the nursery playground. RECOMMENDATION: Tate Community Development staff recommends approval, y f . i SUMMARY: The ordinance will approve execution of an amendment to the 1994 agreement with City County Day Nursery. fttis ordinance amends the agreement to include $22,223 in drainage and playground improvements. Improvements include the following: tr installation of surface and/or underground drainaga system t • Cottstntction of bursts to divert water. i 0 Regrading and resoding of playground. • Removal of two trees and planting of ten red oaks. x • Replacement of pea gravel on all play areas. BACKGRQUrlg; F Ilse original agreement with City County Day Nursery provided $45,966 in 1993 Community Development Block Grant funds to rehabilitate the nursery. Rehabilitation of the nursery was completed In September, In the 1994 Combined Final Statement of Community Development Objectives Lid Projected Use of Punds, an additional $22,233 wrs approved by City Council to Improve the drainage on the nursery's playground. City Council approved the Combined Statement on May 17, 1994. l PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: City County Day Nursery Childrefi, Parents, Employees, Board of Directors Community Development Staff . A1YEL10[7ll.C(DJ I i R owl s } ~o'xlaNo ~W' y _ ~ Agaae~Sa ice! Q,sAL IMPACT: Community Development Block Grant funds were previously approved fa' this project. There i will be no impact on the general fund. r: ' t Respectfully submitted: f y~.u h *MMger City Prepared by. 'l .t° Bosbam Ross y ` r Cminunity Development Adndnistrator Approved: ' r MCP kO"VW6A1CP Executlv6 Director for Planning A Development lwl R r t- t ' A1YF2,Y~tllr,Ct~1Z ` t . s J t\YDGiRS\ORD\CC* A I.I A,oT,u~aom Ica I - 9~ ORDINANCE NO. 3V AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY TO PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS TO DRAINAGE Ar.r AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE. A„t 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI ~"s a I SECTION 1. That the Mayor is authorized to execute Amendment Number One to the Agreement between the City of Denton and City- County Day Nursery, ("Agreement") a copy of which is attached hereto. SECTION II. That the city Council is hereby authorized to s , expend funds in the amount of Sixty-thres Thousand One Hundred * Eighty-nine Dollars ($67,189.00) as specified in the amended ,S 1 Agreement. SECTION Zu, That this ordinance shall become effective inured- xF d iatoly upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRYt MAYOR ~ATTESTi az;t JENNIFER WALTERS, CITY SECRETARY BY: w i , >ti "}i APPROVED AS TO LOGAL FORM: r MICHAEL A. BUCEK, ACPINu CITY ATTORNEY 1 „t s BY: y ~rrrF j4 e F ` i I ~ Ji\INDOCi\K\CCNURI.AlD Vol Agoild3:!:m "ALT AMENDMENT N0. 1 TO AG VI MENT H N 2 Q -{i THE CITY OF DENTON AND DENTON CITY-COQliT71Y'E~TRBEA-7 couxaOINe OCTOBER 1, 1993 06 u WHEREAS, THE CITY OF DENTON ("CITY") and THE DENTON CITY-COUNTY DAY NURSERY ("CONTRACTOR") entered into an Agreement Between the City of Denton and Denton City-County Day Nursery ("Agreement") which commenced October 1, 19931 WHEREAS, CITY and CONTRACTOR desire to amend the Agreement to provide for the construction of improvements to drainage and extend the Agreement term one year in exchange for additional fees of $22,223; W I T N E S S E T H 1. Section I of the Agreement is hereby and herewith amended to read as followee "This Agreement Shall commence on or as of October 1, 1993, and shall terminate on September 30, 2005, unless adjusted by the CITY. i Request for such an adustment must be in writing and is to be submitted to the Community Development office." 2.. Section II of the Agreement is hereby and herewith amended to read as follows "CONTRACTOR shah perform the following services and activities ll in a satisfactory and efficient manner as determined by CITY in 3 accordance with the terms of the Agreements i as All services and activities described in Attachment "A" to the Agreement, b. Installation of surface and/or underground drainage running the length of the playground of the Denton City-County Day Nursery, C6 Construction of bums on the Denton City-County Day Nursery area to divert runoff water to drain, d. Regrade and resod the Denton City-County Day Nursery i y playground, e. Removal of two (2) trees,, f. Plant ten (10), three (3) inch red oaks, I - g. Replacement of pea gravel on all play areas." t. ,i 1 , i7~lY ,U Ud~1~r1'a ~ 7. 3. Section III Paragraph A. of the Agreement is hereby and herewith amended to read as follows: "A. CITY shall provide funds in the amount of not more than $40,966 to assist the CONTRACTOR in the repair of flooring and walls at the facility located at 1603 Paisley, Denton, Texas. CITY -i shall also provide funds in the amount of not more than $22,223 to assist the CONTRACTOR in the improvement of drainage on and around said facility. The total amount of funds to be provided by CITY to assist CONTRACTOR for said improvements to said facility shall not r., exceed Sixty-three Thousand One Hundred Eighty-nine Dollars 4, In all other respects, the terms and conditions of the Agreement, as executed by the parties remain in full force and . effect. EXECUTED this the day of ► 1994. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS# CITY SECRETARY ' Bye APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK ACTING CITY ATTORNEY 41 BYt DENTON CITY-COUNTY DAY NURSERY 8Y: Kay Wet e TITLE: Lirector PAGE 2 r< 6 i • c6 !I `r ATTACHMENT "A" 1 This project shall consist of the replacement of all flooring in " the Denton City-County Day Nursery. Except for the classrooms and bathrootae, vinyl flooring will be installed. Each classroom will + be carpeted and the bathrooms will be tiled. In additioh, new commercial wall coverings will be installed in the f " r classrooms, restrooms and common areas to reduce maintenance. Two walls will be removed in the kitchen and office area for greater d, f efficiency of space. Door ways are also being replaced to comply with ALA standards as necessary. Provided enough funding is r available, lighting will be changed from incandescent to energy aF t efficient florescent. S WORKSTATEMENT City County Day Nursery 4 ' Denton City County. Day Nursery is a non-profit child care facility for low income families. Parents must be working, going to school, or looki for ea to ent to be eligible. ' DCCDN is open Monday through triday from 6:30 a.m. to 5130 p.m. The staff consists of 0 teachers, i part-time aide, a cook; an assistant director and director.` The children are served breakfast, lunch and 2 snacks. 4r' Tuition to based',on size of family and yearly income. ti ~ rrr' y 3 X17 !:1 r. Y ~ t,. r -0~0v: i y owl t, q XTTACHMENT "B" 24 CFR § 570.505 The standards described in this section apply to real property within the recipient's control which was acquired or improved in p whole or in part using CDBG funds in excess of $25,000. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement CDSG program or, with respect to other recipients, until five years after the closeout of the grant from which the assistance to the property was provided. (a) A recipient may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient provides affected citizens with reasonable notice i of, and opportunity to comment on, any proposed change, and either: (1) The new use of such property qualifies as meeting one of the national objectives in Section 570.208 and is not a building for the general conduct of E government! or (2) The requirements in paragraph (b) of this section are met. (b) If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under raragraph (a)(1) of this section, it may retain or dispose of the pproperty for the changed use if the recipient's CDBG program it reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. (c) If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in Section 570.504(b) (4) or (5), as applicable, shall apply to the use of funds reimbursed. (d) Following the reimbursement of the CDBG program in accordance with paragraph (b) of this section, the property no longer will be subject to any CDBG requirements. i pca: r: ,imp RMWY~ r.'NY f I i I Z I 'I ' ATTACHMENT "C" !I 24 CFR 1 570.503 f~l (a) Before disbursing any CDBG funds to a subrecipient, the ` recipient shall sign a written agreement with the subrecipi- ' s; ent. The agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including • ~Q " program income. o"O (b) At a minimum, the written agreement %with the subrecipient ~,•:r . shall include provisions concerning the following items: (1) Statement of Work, The agreement shall include a description of the work to be performed, a schedule for completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the recipient effectively to monitor performance under the i p'4 rz 5i,, i, { agreement. f .,Y (2) 13 vAs and Reports The recipient shall specify in the agreement the particular records the subrecipient must maintain and the particular reports the subrecipient must sub:xit in order to assist the recipient in meeting ita } reaordkeeping and reporting requirements. (3) 1+1rocram Income The agreement shall include the program income requirements set forth in Section 570.504(0). y' f '4 yJ; : (4) Slniform A ministry tie Rern~ire~oents. The agreement shall mat lyrti, rE"Uire the subrecipient to comply with applicable r.z yyrd uniform administrative requirements, as described in Section 570.502. . (5) Other Program R M.L* Me.,t. The agreement shall the subreci ient to carry out each raivity in compliance with all Federal laws and regulatiors described in sub- 4 K of these regulations, except that: (i) The subrecipient does not assume the recipients environmental responsibilities described at Section 570. 604; and (ii) The subrecipient does not assume the recipient's i J responsibility for initiating the review process ! under the provisions of 24 CFR Part 52. (6) conditions for Religious organizations Where applica- f ble, the conditions prescribed by HUB for the use of CDBG b r funds by religious organizations shall be included in the agreement. ri. , ~ uC Vc V _mprmination. The agreement shall specify (7) SLSOension ar; that, in accordance with 24 CPR 85.430 suspension or termination msy occur if the subrecipient materially fails to comply with any term of the award, and that the ;ax award may be terminated for convenience in 'accordance with 24 CFR 85.44. ~'r f inn o! assets. The agreement shall specify that F ) upon its expiration the subrecipient shall trensfer to t^, , the recipient any CDBa funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG fads. It shall also include provisions to the use of CDBd funds. It shall also include provi- j w lions designed to ensure that any real property under the subreoipient's control funds in excess of $25,000 is whole or in part with CDBf3 eithers sf (i) Used to meet one of the national objectives in section 570.208 until five years after expiration of the s detemined to agreement, be or for such longer appropriate by t eit aipientl a (ii) Disposed of in a manner that results in the recipi- + ant's being reimbursed in the amount of the current fair market value of the property less any po of the value attributable to expenditures of non- funds for acquisition of, or improvement to, ar theG property. (Reimbursement is not required after the period of time specified in paragraph (b) (8) Jr, (1) of this section.) . a, 1 ~ t i ~ x fyt S 1 ~ti wrr~ F. i 'W ATTACHMENT "D" " 24 CF R 570.504 (a) ;,ecording program income. The receipt and expenditure of grogram income as defined in Section 570.500(a) shall be i ►corded as part of the financial transactions of the grant p!iogram. i (b) Disposition of Program Income Received by Recipients. (1) Program income received before grant closeout may be ;r retained by the recipient if the income is treated as 2 additional CDBG funds subject to all applicable require- ments governing the use of CDBG funds. (2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as followst (i) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in ` Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals i are Made from the V.S. Trelsury for the sameactiv- ity. (This rule does not prevent a lump sum dia- bursement to finance the rehabilitation of private ly owned properties as provided for in Section r, 570.513.) (ii) Oubstantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. F (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. t~ l (4) Unless otherwise provided in any grant closeout agree - 4~t sp~'J Mont, and subject to the requirements of paragraph (b) i (5) of this section, income received after closeout shall f ` N4"~~, t not be governed by the provisions of this part, except fr that, if at the time of closeout the recipient has r;'+another ongoing CDW grant received directly from IWD, funds received after closeout shall be treated as program income of the ongoing grant program. ykyJL,. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, E ell, 1nincome received after closeout from the disposition of yyJ„1 1 rug pwvw 1rf\■■■ Y~ 1 ~f1 \t I Vam 9 U real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this i' Er part, except that such income shall be used for activi- ties that meet one of the national objectives in 3cction ~A 570.208 and the eligibility requirements described in section 105 of the ]pct. JY .V 1 7 ~ r 4^ y r ,yN4r ~ee n ~ I t - ! 7 r i • >,r ~Yy✓y, • ! ~ o F Sri. ref ~r ' 1.10 I J WWI i DENTON oooaaoaoooo^ Ooo of D °Ov" ~O~ ti o cd o I o o 000° °aoa~aonon° p CITY COUNC L PT t t.~ncoee,e«u~aRw-xai ; i QNANo Ap Way _ I ORDINANCE N0. _ i { II AN ORDINANCE -,UTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASJIFICATION OF CAPTI IN WHO ARE ALSO ASSIGNED TO I PERFORM THE DUTIES OF EMS PROGRAM MANAGER; AND PROVIDING AN EFFECTIVE DATE WHEREASr Section 143.042 of the Local Government Code authorizes a municipality to pay assignment pay which is in an amount and is payable rnder coniitions set by ordinance) and I WHEREAS, the City Manager and Fire Chief having recommended t that the Fire Department employees in the classification of Captain 1 who are assigned to perform the duties of EMS Program Manager s,ould receive asst nment y pay of Four Hundred One Dollars and t I Thirty-six Cents ($401.36) per montht NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ' sECTtON T• That the Fire Department employees classified as captain who are assigned to perform the duties of EMS Program Manager shall receive assignment pay of Four Hundred One Dollars and Thirty-six cents ($401.36) per month in addition to the regular monthly salary of captain. $ SECTION II. That this ordinance shall become effective famed- ~ iately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS S'O LEGAL FORM: 1 MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: I I ho _C C_ ITY COQNCIL• REPORT J+O AT ~2. TOJ Mayor Castleberry and Members Of the City Couno.4.1 ti' 1x1 Lloyd V. Harrell, City Manager 80A.y'ECTJ REVIJJIOli OF ORDIN711iCE 11DTHORIaIN4 118sI0NJ[EIdT p71Y < I BEpATis It is our recommendation that City Council approve the revision to existing ordinance authorizing assignment pay. $Sy1 Assignment pay is authorized for Fire Fighters serving in "apecializ@d functions" according to Texas Local Government, , Chapter 143.0421 Assignment Pay. r ; B&CXGRQ=s This ordinance has been in Wact since 1992. Revisions are being made to compensate for the pay increases being implemented January 1, 1995. EMS Program Manager-Is assignment pay will be increasing from $383.71 oar month t to 401.36 per month. r r; kaOhiRAMS, DEMTHENTS OR GROUPS Dt None FISCAL ?MPACTS There is no fiscal impact other than that { E programmed into our budget. RESPECTFULLY SUSMITTEDI ~ OF A Loy Harrell City manager Prepared bys Jon a Coo m, Jr. R; Fire Chief i i I \1 i~ tPA.hY I DENTON I . oo~aaoQao~o OQ -t ~ DOS ~ O QO ti o D I n a C7 _1 ' CJ d coo d~ ~ 00 , °~Qaaaooaao°° { E r Ciff COUNCIL } I t l I DENTON s oooo°°°°~ao 00~ of, ° DO l ~ 000 All o o cz) 0 00 ~ 00 ~ 00 r o N ~ OO ~ DOpQ ~ pp00 oaoaooa t CITY COUNCIL 1 apendaNo Apadalle CITY COQlIfCIL• R1lpORT FOIt~~T Date Ire P Toe Mayor Castleberry and Membero of the City Council ' nOK8 Lloyd V. Harrell, City Manager /QBJSCTI RRVISION OF ORDXKU1CS AVnORISING A88IGNMUT PAY ~ i i it is our recommendation that City Council approve the revision to existing ordinance authorizing assignment pay. y, Assignment pays is authorized for Fire Fighters serving in "specialized functions according to Texas Local Government, chapter 143.042s Assignment Pay. ~ f 871CK .Re nan s, This ordinance has been in effect since 1988. Revisions are being made to compensate for the pay increases 'being implemented January 1 1995 Logistics/Maintenance Officer's assignment pay will be increasing from $525.74 per month to $549.92 Y per'Aonth. s None FI&C- L~'IMPACT: Thera is no fiscal impact other than that programmed into our budget. t 12ESPECTF LY SUHMITTEDt t Loy Marne City Manager ro prepared by: • 1,, 11.11,1111111 Fire Chs coo , Jr. ief y k' t j { h.. I ~ti w ~a I ■.1Y7DOp\C.UD\LOOISSIC L `~a'I$9 - a ;t ORDINANCE NO. _j t.N ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLAYEES IN THE CLASSIFICATION DRIVER WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF MAI HTFNANCE/ LOGISTICS OFFICER; AND PROVIDING AN EFFECTIVE DATE. { WHEREAS, Section 143.042 of the Local Government Code authorizes a municipality to pay assignment pay which is in an amount and is payable under conditions set by ordinance; and 1 f WHEREAS, the City Manager and Fire Chief having recommended that the Fire Department employees in the classification Driver who are assigned to perform the duties of Maintenance/Logiatice officer should receive assignment pay of Five Hundred Forty-nine Dollars and Ninety-two Cents ($549.92) per months NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Fire Department employees classified Driver who are assigned to perform the duties of Maintenance/togistice officer shall receive assignment pay of Five 'M. Hundred Forty-nine Dollars and Ninety-two Cents ($549.92) per month in addition to the regular monthly salary of Driver. SECTION 11. That this ordinance shall borome effective immed- iately upon its passage and approval. PA£;ED AND APPROVED this the day of 1995. ,y r. BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY I i BY; APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY mow..,..... w....w rara~~r~ DENTON k 1 ooooaooooQao 0 Ia D jQ QO ~ o r o o o ! O o DO o~ooa 000000 { 000 . r } p CITY COUNCIL ~~w ,uoe, . , ri•.wr I 1 f ~ NO C floe •r' CRY of WNW* TEXAS MUNICIPAL BUILDING • 215 E McK1NNEy 0 DENrOI4 TDUS 76201 (817) 588 8200 VFW METRO 434-2629 MEMORANDUM t , S i I ' I I A iYI ~Y ' 5 DATE: December 15, 1994 TO: Lloyd V. Harrell, City Manager FROM: Kathy DuBose, Executive Director of Finance SUBJECT: RECREATION FUND BUDGET AMENDMENT The attached ordinance amends the 1994-96 Recreation Fund budget by $10,280. calve funding from the United Way for youth The amendment is necessary to re programs in the Owsley neighborhood. n ' df{ F b•li Y 1 Originally the United Way had tried to Implement this program through the YMCA, but a reduction in YMCA's services has forced the United Way to seek other locations for TYQ t l activities. The attached ordinance will allow the City to conduct gymnastics and Ju- Y =a,~,` I, Jit-Su programs at Dents Recreation Center for Owsley neighborhood youths. t 4> Please advise if you have any questions. I • n• . q , rf I , a{' G' Mail AftohmWO ArF00040F , A. r , q tI ,n "Dedicated to Quafiy Service" A I '`ow 1 1 i ~f i ~ I ig0", Af0 P,Qrri iaam ~!s;a . 2 ,20 - unlbird wigl ZC'6 ' of Denton ~ountV, Inc. 625 North locust E DOMOn. Teros 76201.4127 Phone 617-566. MI December 12, 1994 For 61749"976 Maya Bob cwWoe ry and Members of the City Cautcil 121 Bad McKinney Ikntoo, TX 76201 Dear MaycrCedlebmy, As &a City Cameil oomidas United Wry leading far the Awsley ndghborbood prop= ofl'erod through the Parka asd Rearssrtix Departmenk I Would bike to CW the mppat of United Way. I improve the quality dlifa fa the The United Way has *MW diligently with city agmoics Q u the peal &m years to raddean dthe O"ky ndghberhood 11vv* The oombined efforts d the city and tie Owsley Calrtico, wro have Witnesses impffoemOOb in the entire ne bbabood no coehtkca was originally formed for moray raxxu6 but eveowly "a *vva1dM program' frfyo+dh d rid[ Q("iM al aksivity and school drop cue Frew N 1990 C W roport, rw koevr the large number of cbMen under the age of 12 redding in Owsky omM be a potential major problem In At= years. M their ages itwused, the potential fix gang tormdioo and delinquent behavior wWd welds. In the years simA the risk Ism e evl&ti% but because of the developm o (wholesome activities in the peal two yeas, the j r youth sro able 10 ehaatel .10ir time lob more positive activities. i+J.- :dy fact OA aim bas not braised is a slgoilleanl soblevomew in its At Police ddistics hwe shown a dr.mise in the neighborhood aims since 1992. Thu United Wry was fortes at a to receive !lending Cross dw Ca w mity Development Block Or" program to provide sohofarships and activity foes fro rooreatioael programer fa do tbildren in d" am Because transportation to and from the nedghborboW Is a neoessi% the YMCA was oooddaed b rm,4ve much dtba fim&q for sobolarktips. The m&wdoo d arvka by the YMCA has foroed United Way to se,+ rnber pleoea for saivides. United Wry ociabo eat the Park and Reaadw Department of the ay to develop ouch an activity. I United Way funding kc the gymoasucs and 7u &4% programs st the Dealer Roaeatioa Ccator will provide s oonti wmfm d the m"fsd" cOxU 9a the Owsky ndgbbahood. Mast importantly, the chkldnca d pia ndghberbood wM be able b bowilt from do positive activities. Yourocoddwwon o(d" issue is greatly s edited. y , 5iooeroly, ' C~.~ ~tzck.u~., Pd CIOW oobbk Cwl'Tofesaiooal offioer i rIi I 11 I i f 1 ruho q s CITY of DAINTON, 7EX" MUNICIPAL BUILDING / 215 E MCKINNEY / DE'VTON, TEXAS 76201 Memorandum ~ DATE: December S, 1994 ~ TAU: Kathy DOose Execuuve Director of Finance i FROM. Janet Simpson Superintendent of Leisure Services "WE 'T United Way Funding for Owsley Neighborhood Program United Way of Denton recdved funding through Community Development Block Grants to vide proscholarships for recreational programming to children residing in the Owsley neighborhood. These programs were available through various agencies in Denton. Owsley is located in West Denton in a primarily low-income and transitory area. Most of the residents are non-English speaking individuals of s Mipanic descent. There are no parks or recreation facilities In this area, so many ch1dten sped their unsupervieW spare time on the street. And due to communication, transportation and fanencial barriers, there is little if any initiative for many families to venture outside the immediate neighborhood boundaries. In We September, 1994 the Petits and Recreation Department began working with the United Way of Denton on this issue. United Way had a strong association with ttr a YMCA of Denton in past years to provide other similar programs, and contracted with the YMCA on it significant amount of these programs because they could provide transportation to and from program sites. However, in late September, it was announced that the Denton YMCA would be ma kged from I.ewirae and no new programs would be offered, including those in the Owsley area. It was at this time that United Way approached the Parks and Recreation Department to fill this urgent need. A i proposal was made to provide gymnastics and Ju Tit-su classes at Denis Recreation Center throughout the school year. In addition, the Parks and Recreation Department would pay a driver to provide transportation. When a Parks Department and United Way representative met with Community Development, it was suggested that United Way pay Parks and Recreation an activity j I f 8171568.8200 OIFW M M0 434.2529 dltlr r~JV.. , . 5 • fps mo 4 -O r Page 2 I United Way/Owsley rx, "ae {y t t ~ ' p r f ~r♦t; fee to cover the cost of the program for the entire year, The total program cost is 510,280. A I7 budget detail is attached for your reference. u is raluested that m CXPOOdibme aooamt be set up and budget appropriated for these funds so that =1 { staff and equipment costs can be paid. The net effect on the budget is zero since revenue 8om the United Way Will offiet expenditures. t flag, d . i . Contact my office at x8274 if you need any additional information. r , 1 x rar s- 1 CIS fi 121, Suwon. rA NAT . I xc: Betty McKean I r s"~i x1 re ~ j s, P pp yt 914~OP I' 'If 1 QMir OMAWTOK 'TEXAS MUNICIPAL BUILDINQ / 215 F-MCKINNEY / DENTON, TEXAS 78201 M E 14 0 R A N D U W r t ff DATE: November 2, 1994 i TO: Janet Simpson, Superintendent of Leisure Services f FROM: Cirilo Pedroza, Supervisor Dania Recreation Center SUBJECT: JU-JITSU AiJ", MNASTICS CLASSES FOR OWSLEY (CDBG FUNDS) ,u y 1 Fl BUDGET 20.03/ - G+AIa.2 -AM-6 Ie t ' a 8020 Temp-Seaconal 5365.09 y"1 8061 FICA' 486.93 !i 8064 Wrkmns.Comp 76.39 8112 Roe Program 2,851 .59 4 8502 8p Services 500.00 VFW Total 1 r 100280.00 A Y .4 + 'd <t s ' o.CA it.t 1 A A n,rW o/"rron Q'7Q.?e7o a 3 1~M r ! 9AVPDCC5%0ka1WW1T9D.XJC 1 r , , ~G7~;,H0 S j ORDINANCE 110. AN ORDINANCE AMENDING THE 1994-95 ANNUAL B6E`P--6P-4b-,C OF DZNTON BY ACCEPTING FUNDS :N THE AM017NT OF TEN THOUSAND TWO HUNDRED EIGHTY DOLLARS {$10,290} FROM UNITED WAa OF DENTON AND EXPENDING j SUCH FUNDS FOR RECREATIONAL PROGRAMMING FOR LOW-INCOME AND NON- ENGLISH SPEAKING CHILDREN RESIDING IN THE. OWSLEY NEIGHBORHOOD; PROVIDING FOR PUBLICATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. l WHEREAS, the United Way of. Denton has received funding from Community Development Block Grants to provide scholarships for recreation programming to low-income and non-English speaking '.c children residing in the Oweley neighborhood of Denton who do not have access to parks and recreation facilities; and WHEREAS, the United Way has been unable to locate a social services organization in Denton to provide recreational program- ming; and A,r4 W11i.RRAS, the City's Parks and Recreation Department is agree- able to providing a recreational program at the Denia Recreation Center which includes transportation of the selected children to '{fir gymnastics and Ju Jit.-su classes; and WHEREMP, the City Manager having advised the City Council that Y~ such revenue and expenditure was not anticipated prior to the r„ adoption of the 1994-9F, Budget and could not have been included in the original budget; and ' WHEREAS, Sec. 8.08 of the Charter of the City of Denton and 9192.009 of the Texas Local Government Code provide a governing body may authorize an emergency expenditure as an amendment to the original budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention; and A WHEREAS, the City Council finds that tte failure to expand the f=!s discussed above will create a grave public necessity and requires the 1994-95 budget be amended to allow the acceptance of l funds from the United Way in the amount of Ten Thousand Two Hundred Eighty Dollars 0.$10,280) and the expenditure of such funds by the Parke and Recreation Departme,tt; NOW, THEREFOkE, a~ THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: I 4 5, SECTION 1.. That the City Council hereby adapts the findings listed above. " f p.tA f i ~ Rasa~aAa _ SECTION II. That the 1994-95 Budget of the City of Denton, Texas is hereby amended by accepting revenue in the amount of Ten Thousand Two hundred Eighty Dollars ($10,280) from the United Way of Denton to provide scholarships for recreational programming for low-income and non-English speaking children residing in the Oweley neighborhoeid and allocating such funds to the unappropriated fund balance of the Recreation Fund. ,y ~t,~ION ?II. That the 1994-95 Budget of the City of Denton, Texas is hereby further amended by expending sums from the unappropriated fund balance of the Recreation Fund to the following accounts: i AmoUnt 261-0031-0062-8005-8026 $ 487 261-031,-0062-R005-8P63 $ 76 261-031-0062-R005-8064 'r $21852 261-031-0062-R005-8112 500 261-031-0062-R005-8502 ,gfCTiON IV. That the City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendmett to be published once in the Denton Record-Chronicle. ,~$QION Q. That this ordinance shall become effective immed iately upon its passage and approval. PASSED AND APPROVED this the day of _ , 199-___. ' BOB CASTLEBERRY, MAYOR y ATTEST: JENNIFER WALTERS, CITY SEC'P.STARY 1 BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: ,i f PAGE 2 " ro.. n n. sm h l DENTON y 00ooooodooo QOQO ~ P D ~ ~oOQQ ~ ti s o o s C Q k Q cz) ~0 ~ a O ti OOQ r N ~p0 o oooa ~ooo 0ooao 1 CI7T COUNCIL i~~xvoccs~usU*~c:xs Ap Walt ate a a r C&3 RESOLUTION 140. c - A RESOLUTION AUTHORIZING THE ACCZPTANCE OF FUNDS FROM THE RUTH I. ANDERSON ESTATE; AUTHORIZING THE CREATION OF A TRUST FUND AND APPROVING A BUDGET FOR THE I.M.A.G.I.I.E. YOUTH-AT-RISK PROGRAM TO 1 BE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the will of Ruth I. Anderson provided a share of her estate be bequeathed to the City of Denton for use by the Parks and j Recreation Department, Children's Programs, for low income or i youth-at-risk programs; and u WHEREAS, the City desires to accept the bequest from the Ruth 1. Anderson Estate and implement the programming she desired; and a WHEREAS, the City has received funds from the Ruth I. Anderson Estate of Thirty Thousand Four Hundred Eighty-seven Dollars ($30,481) and desires to create a trust fund for the purpose of expending such funds to accomplish the desires of Ruth I. Anderson; WHEREAS, the City desires the trust fund to be available to also accept other gifts and bequests so that funding for the "Improving My Abilities Guarantees Incredible New Experiences" st (I.M.A.G.I.N.E,) youth-at-risk program can be an ongoing program; and rat ~ I WHEREAS, a proposed budget for utilization of trust funds over the next biennial has been prepared; NOW, THEREFORE BE IT RESOLVED THE COUNCIL OF THE CITY OF DENTONt SECTION 1. That the City of Denton hereby accepts the bequests from the Ruth 1. Anderson Estate and agrees to expend such f funds for low income or youth-at-risk programming pursuant to the lll4 Children'a Programs of the Parks and Recreation Department. SECTION II, That the Director of Finance is authorized to create a trust fund for the purpose of funding the Improving My Abilities Guarantees Incredible New Experiences (I.M.A.G.I.N.E.) youth-at-risk program with the funds from the Ruth I. Anderson a, Estate forming the corpus of such trust. SECTION III. That the corpus and interest accruing to the funds in the Ruth 1. Anderson Trust Fund and other gifts and bequests made to such trust shall be utilized for accomplishing the goals of the I.M.A.G.I.N.E. program. SECTION ly,, That the gals of the I.M.A.G.I.N.E. Program as recommended by the Parks and Recreation Advisory Board and the budget for the next biennial attached hereto as Exhibit "A", and made a part hereof for all purposes, is hereby approved. air 3 Aw l~ , Fill rgefibNo.___. y'~ U LA V. That this resolution shallecomo e e ve ' t O L. immediate' upon this passage and approval PASSED AND APPROVED this the day of 1999. 3'Y1. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY 4, 1 41. Y ' BY S f ; APPROVED AS TO LEGAL PORES i MICHAEL A. BVCEK, 'ACTING CITY ATTORNRY a a BYs r It I(^(,,ya p, .fP PAGE 2 E, 1 EXHIBIT "A" Ilia 12/12/94 r - - 3 ~ II z 1494-95 ~ i Personal sarvi~~ee f 8026 Tesporary/Seasonal 8061 FICA $2,880 $2,880 8061 Workers Coa 220 2 20 n sati Pe on 67 --67 Total Personal $3,167 $3,167 t ~IIDQ~$ ~ 8112 Recreation Supplies $2,066 i $2,Ob7 Total Supplies $2,066 f $2,067 rf[;, I 8502 Special Services k $303 Travel gxpenses $4,410 $4,410 ti Irk Total Sorvicea $10,010 $iQ,0I0 $15j243 $151244 t . Total Ruth 1. Anderson Trust Fund $30i427 1994.95 Budget V1935.95 Budget "15,243 w ; s =LL2~ IX i * Spacial services (8502) include field trips ands aker coats for 14 participants (12 youth and 2 leaders) for eight aonths, and for field trips over four days for 14 Washington, D.C. Travel Expenses (8503) includei501 of all air fare and hotel accommodations. f expenses will be raised through fund raisers rs seining travel donations. If additional funds are raised #theyswill abed st;„ applied to travel expenses. Kaki It is the goal of the time frame. Cranlst sponsorships,~fupast the two nd raisers yatdr donations will be sought out to provide funding for additional years. r, 'Y i N w6N 4~~.~ I'M/PI .K DENTON . ~ p °~oooo Od oO Y Q OOO r ~ ODO I 00~~ o N ~ pp0 °aoooonoo~° - { a ~ f I i C, co UNCIL. i 4,. 4 7 ~ J: !I. 1 7 771. a ' r i i ;t q T r wv~ ~i 71 O ' Apend~No - I A10*1 /1 -4 L/0 O Data CITY of DENMN, TLXAS rd MUNICIPAL BUILDINQ/DENTON,IEXAS76"1fTELEPHONE(817)SE S&V aa Olfk Of IDar V F Gfy Sararof#ry, MEMORANDUM DATES (December 15, 1994 ;i TOt Y,Y Mayor and Members of the City Council 1 FROM= Jennifer Walters, City Secretary SUBJECT: Board/Commission A ' ppointments The following Is a list of the vacancies for the City,e E y Boards/Commissions: John Enlov has resigned from the Keep Denton Beautiful Board. This IN nOUination for Council Member Cott., r ,.,j,ir >v if YOU need any further Information, Please let me knoir. 41. bxa , Sec aryrs r. Y ` A00000F4 t 1.' ( " A fl.'J 7f.'. rr t / A . '1 I i. y d'. k ,':V Cr. ,f 1r 1 I 1 :.lA i i r 45" r 'CX ~o~tu mrum~ ~.~..y Lea nny DENTON y ooa~aoaooQO ooa O P D ~op 00 " E=3 I i . ~ ~ I I O F,~,.k I p d co { i,~ oo { OQ~O r'o N, ti ,p0~ d °aUOaoaaao°~ f .,c Ty COUNCIL . I I s I - i DD A81AdaN0 1 1 I , CITYOI DENfONo TEXAS MUNfC1PAL BUILDING • DENTON, TEXAS 78201 • TELEPN0NE(807) 5668307 117, 0(Bce of the City MsneQer CITY COUNCIL REPORT j TO: Mayor and Members of the City Council PRO1I! Lloyd V. Harrell, City Manager BUDJZCT: Recommend to the Denton County Commissioners Court of five Denton citizens to serve on the Denton County .`i Housing Finance Corporation A . RZCO~TION: Authorize the Mayor to forward five recommended names of city residents to serve on the Denton County Housing Finance Corporation. avtmARY: ' J ar3 r Currently, five citizens of Denton, who have previously been IAA` s nominated by the City Council, serve on the Denton County Housing 4 ' Finance Corporation. At a meeting held on Tuesday, December 13, 1994, the members of the Denton County Housing Finance Corporation were informed by President Don Hill that their six-year terns would t" expire as of December 31, 1994. By that date, the Council has been j: a requested to submit to the Denton County Commissioners Court the names of five individuals whom the Council recommends for apNintment to the Denton County Housing Finance Corporation, ' " Currently, the following individuals serve on the Denton County " Housing Finance Corporation: € Mark Chew, Lloyd Harrell, Charles Hopkins, Linnie McAdams, and Ray Stephens. f 4 y l iit ` Vo, : SACZGROUND! In the early 1980's, the City of Denton had formed a local housing finance corporation to provide housing assistance for low and r{'' moderate income individuals. The primary method for providing for I such assistance was to issue tax exempt bonds which then could be Y made available at a reduced interest cost to first time home buyers. Durtng the formation period for the City board, it was suggested that the City of Denton seriously consider merging with Denton County which had also established such a housing corporation. As a result of this suggestion, the Denton County enlarged the membership of their Housing Finance Corporation and amended their bylaws so that five seats on the Corporation were ; filled by ei2lzecs of Denton. Since that time, the Housing Finance "Dedicated to Quality Service" ti~ a Mayor and Members of City Council ~6th13N0 Page 2 Agsndalte ..L;,,r k t~,, A/ f WtE-12 Corporation has continued to play an extremely important rollmn 'providing funding for first time homebuyere. In addition, significant funds have been generated from these activities which are now being made available for other programs which benefit low and moderate income housing. Two examples of such assistance were recent payments to the Southern Hotel project as well as providing matching funds for some of the City of Denton HOME activities. ,l Attached as the back-up submitted to the County Court and the by- laws for the Corporation. PROGRAMS AFFECTEDi f<7r, The City of Denton Community Development Block Grant activities, Denton Housing Authority, and first time homebuyere within Denton and Denton County. } aye. P18CAL WhgTt There should be no fiscal impact due to the City from making such 4 appointments except for the allocation of time associated with serving on this important board. Respect lly Submitted, ~,+i Loy V. Harrel d r City Manager a. LVHibw t . is AMM0060C " s „ w~}f a i r`,,%; X51 a' e• <4 . f r ai 4 •R".i 3 oovlv~, •Agr 6aho ..w.t j ~ Ala '9 4 .c l S x 848 .j '~.ut , a + 1 DONHILL.. Fr", a COMMISSIONER PRECINCT 1 BRIEFING AGENDA MEMO DATE: DECEMBER la, 1991 TO: C(h`hIISSIONERS COURT r`/ FROM: COMMISSIONER DON HILL RE: DENTnv r,UIJNTI' HOUSING FINANCE CORPORATION APPOINTMENTS y l FOR NEW TERM. AAGKGROUND: THE. TERMS OF OFFICE FOR DEN'TOV a:OUNTY HOUSING , P FINANCE CORPORATION ARE DUE BY DECEMBER 31, 1994. J THERE ARE 11 MEMBERS OF THE BOARD OF DIRECT. R9. SIX MEMBERS HAVE BEEN APPOINTED BY THE, CUMMISSIONF,RS COURT AS REPRESENTATIVES FOR ( F. ' UNINCORPORATED AND OTHER MUNICipALITIES OF THE d COUNTY. CITY OF DENTON SEVDS A LIST OF S APPOINTMENTS FOR COURTS REVIEW. TO BE CITIZENS OF DENTON. THE TERM IS FOR SIX YEARS AND ALL APPOINTMENTS MAY BE REAPPOINTED. THERE AkF NO TERM LI?IIT': IN AY-LAWS. IMPACT ON OPERATIONS AND MAINTENANCE: NA a 14-MAlo INFORMATION: ENCLOSED ARE THE BY-LAWS AND .ARTICLES OF THE DENTON COUNTY HOUSINO FINANCE r'ORPORATIOX. FtNANCIAI+ IMPACT/CONSIDERATION: VA ka a' • PROJECT SCHEI)ULR: IN ORDER 'PO KEEP IHF. Hors iNG FINANCE CORPORATION ABLE TO ADDRESS BUSINE4`t MATfFRH AT HAND, PHIS NFFOS TO BE FTNA[,Elr BY iHF FIRST OF JANUARY 1995. try RWOMMENUATION: RECOMMENDATION TO APPOINT BOARD OF OTRF.,CTORy AS z+ #~~;<r" COMMISSIONERS COURT APPROVE$ SUCH APPOINI*MENTS. APPROVI) BY: c0Lwff0vsrr oN res sQUAM ut P291 mcson DO.'rom crow feet etins.+~e tr+r~rraeoowstre► nrrutt+ea~a meow OPnA'1Fn 12/2o/a1 Aporti BOARD VF n1REcim -MR. MARK CHEW VICE-PRES. 817) 3R3-1r~L3_1)hh'r1'F a„ CITE( APPT P O ROX 2725 ~)W) 387-4794-HOME [)F.,NtO4, TEXAS 76202 2. VIC BURGESS OOt1tiIY APPT 15n3 CARNATION (214) 416-R713-F10`IF, LEWISVILLE, TEXAS 75057 (817) 380-l.lll-QFFICE 3. MR. CHARLES HOPKINS ALSO OFFICF s 'Ct* APPT .1121,OUNES (217) 382-6641-HO%IF. DENTON, TEAS 76201 rd C10t><JN APPT 4. MR. JIM JENNE (214) 242-5315-OFFICE ~1r,eva 1 .1180 !StTRae:RE3'f, N108 (114) 242-8999-HOME CARRr7LLTpr, 'i'£XAfi 75006 I 1 CM Al*r 5. DR. RAY s,r9PHEN8 UNT (217) 565-3340-OFFICE. .619 RIDGECREST (817) 327-3340-HO,4P,, DENTON, TEXAS 76201 06ON1;'Y AAPT F• HON. LION HJU ORES. (817) 383-8399-OFF'IC.F, 5 lln W. HICKORY (817) 327-3672-HOME nF,W!N, TEXAS 76201 pT 7. COMMftSIONER SCOTT ARMRY (214) 219-)571 190 N VALLFII' PARKWAY (817) 3Si-7n41 r:rwISVTLL6, TEXAS 75067 PPT R. MR. LL,111'n HARRUL S£t'/Tk (817) 566-A.10a-OFFlvF ~jrY +`F,^ 215 F. MCKiNNEY DENT'ON, TEXAS 76201 APPT 9. 4RS. DIANNE EDMONDSON (AM 5165-0713-HI)MF: P 11 WX 50084 (817) 5A5-0852-OFF,WF. IWNTON, TEXAS 76206 4 Ill APPT 10. NRS. r,1K NtE MCADAMS r:. 30n.1 KA(aF, rlRlvh„ #20A (217) 327-4504-OrFLCF. r)FN7'OV, fF.XAS 76:01 OOMM APPT 11. HOVORARL,F'. .1r;n(:F JEFF 40,'F..Lr,Y 118 W HICKORN' 47REF'.T (817) 123-11h6 OhFrCF OEV1014, TF XAR 7621)1 f TFR>1R FSPl%'E rWCEMBER 31, 1984 rri u , 8Y-LASES OF j DENTOM CQ MY flOli$ING FINANCE CORPORATION S ARTICLE I Powers and Purposes 1 2 5~t ~g SECTION 1.01: Purpose, The Denton County Housing Finance Corpor atiptiTt a corporation is duly incorporated uiiGir,and pursuant to the Texas Housing Finance Corporation Act (the "Act") for the purpose of benefiting and accomplishing public,purposes of, and on behalf of,. Denton Cc unty, Texas (the " l)nit"}, by financingg the cost of residential ownership and development that will'provid I dseeriC, safe and sanitary housing for residents of the Unit at pricas they can afford. It has been determined and declared by th Legislature of the State of Taxas that such residential ownership and, development will (a) provide' for and promote the, public health, safet4 morals, and welfare; (b) relieve conditions of unamploymen and encourage the increase of industry and commercial activity and economic development so as to reduce the evils attendant upon un- employment; (c) provide for efficient and ~.~ell-planned urban growt. and development including the elimination and prevention of pocen- tial urban blight and proper coordination of industrial facilities with public Services, mass transportation and residential develop- ment. (d) 'assist parsons of low and moderate income in acquiring and owning decent, safe and sanitary housicg which they can afford and (a), preserve and increase ad valorem tax banes of locul govern mental units'; and tie fore oirig have been determined and declared t~ by the I.egislatura of the tote of Texas to lessen the burden of government and to be public purposes and functions. The Corporation is organized solely to carry out the purposes of the act and specifically shall have the power to make ur acquir. home mortgages or make loans to lending institutions. SECTION 1, 62: Polierc. The Corporation shall have all such powers as are conferred~b7 the Articles of Incorporation and tho Act. sr' SECTION 1,03. " Exercisa' of Powers, 'and Authorization of Eonds The exercise of any or all powers granted by~ [fie ACC may be - authoriced, and the bends may be authorized to be issued under the Ace for the purposes se; forth in the Act, by resolution of the Board of Directors of the Corporation, which shall take effete i.inediacely upon adoption. SECTION 1.04. Books and Records. The Corpnratio.: rhall keep E Correct and comp l'etu~boo ss `an-"tc records of account and chhkl keep minutes of proceedings of its Board of Directora. I t I i (1) 97 ~ ~w s A ARTICLE iI ^~'r~iala q y • Board of Directors r SECTION 2.01. Powers Number and Term of Office, a pro, }g e manage and controllE party an at a rs o t e orporat on s all b i py the Board of Directors and,. subject to the restrictions imposed by law, the Articles of incorporation and these By-laws, the Board shall exercise and be vested with all the powers 'of the Corporatior} The Board of Directors shall consist of'. ' ' ) dir actors, ill of whom. shall be residents•o the Unit, anti-aIl of whor` shall be appointQd'I the governing body of the Unit.-The initial Board of Directors shall hold office for.such period as is sppecifi:I in the Articles of Incorpovation.-e Subsequent directors may be appointed by the governing body of the Unic for a term not in excess of six (6) years, and are removable by the ggoverning body of j the Unit for cause or at"will,> Any vacarry ogcurring on the Board s of Directors.tbrough death, resignation, or otherwise, shall. be filled by appointment by the governing body of the Unit' the appointed member to hold office until the expiration of tha term for which the vacating director had been appointed. SECTION 2,02, !Meetin s of Directors. The directors may hold { their m~ eetin s w thin or without the tats of Texas as the Board of Directors may from time to time determine; provided, however, in the absence of any such determin" itioa by the Board of Directors, i the meetings shall be hold at the registered offi~,:e of the Cor- poration in the State eif Texas: SECTION 2.03. Re lar Meetin 4. Regular Meetings of the Board of•'bi is rrs s a a ntl.G w c out necessity of notice at such times and places as shall be designated, from time to time, by resolution of the Board of Directors. p,,CTTON 2 04, S octal Meetings. Special Meetings shall be held whenever` called by the, president, by the secretary, by a majority of the directors for the time be=ng ill office or••upon advise of or request by the govarnlug body of the local govern- mancal unit. The Sedretary'shall give 'notice td each'director of each special Meeting in person, or by mail, telephono'or tcriseriadicatcc , losit two (2) ours'before the meeting. less cth in the notice thereof, any and all matters pertaining to the pur- pposes of the Corporation ma)~ he considered and voted upon at a Spacial Meeting, At any meeting at which 'every director shall be present, even though without any notice; any matter pertaining 'co the purpose'o.f chit Corporation may be considered and acted upon. Whenever any notice is required to be given to any director here- under, a waiver thereof in wriciug aignad by the person or persons entitled co such notice, whether before or after the time stated cheroin, shall be equivalent to the giving of such nocica. SECTION 2.05. uorum, A majority of the directors shall con- 0 a quorum, an~'wTten a quorum is present, action :ray bs taken by,a majority voco of the directors pro.ent. (2) 1 1~ ■Ai. 4+4 1 •ti•~ Ir ~ '1 ! Y SECTION 2.Ob, Conduct of Business: At-'the meetings of the, Board o}^f rei' Ito s, matters pasta n ng to the purposes of the Cor- povation shall be considered in such order as time from'time to the Board of Directors may determine. At' all meetings of the Board of Directors, the president shall preside, and in the absence of the president, tho vice president shall exercise the powers of the president. . i The secretary_of'the Corporation shall act as secretary of all meetings of the Board of Directors, but in the absence.of.. the secretary, the 'pre'si.ding officer' may appoint any parson to act as secretary of the meeting, 3 C'PION 2.07, xecutive Committee, The Board of D B irectors, by resew t an passed by a me or cy o t a directors in office, may designaca two or more directors to constituCe an executive committee, which committee, toa'the extent provided in such reso- lucion, shall have and may exattise all of the authority of the Board of Directors in the management of the Corporation, except where action of•Ehe Board of Directors is specified by law. The executive committee shall act in the manner provided in such reso- lution. The executive committee so designated, shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for.that purpose in tbe.office of the Corporation, and shall report the same to the Board of Directors (from time to time. SECTION 2'.08, ' Comp e'nsat'i'ori *69 Directors. -Directors as such shall noC rece va any salary or compensat on or their services, except that they shall be reimbursed'for their actual expenses incurred in the preformance of their duties hereunder. ARTICLE III AC doNoQ Officers. Aantla+le cwa _ d SECTION 3,01, Titles and Terra of Office. The officers o the Corporation sh al e a pres ant, n ce president, a secretary and a treasurer, and such other officers as the Board of Directors may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold cha office of s.crecary, 'terms of office shall not exceed ch ree years. 'The President and Vice-President shall be chosen from the members q of the Board of Directors The Treasurer and Secretary may or may not be members of cha Board. All officers shall ba subjjetc to re,ooval'from office, with or without cause at an time 6 entire Board of Directors, y a veto of a majority of the A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. a { law I t,:, ra X",44r_ SECTION 5,02• Polders and Duties or th4'TV ~2: ' e # presi e3"nt`snaTj'ba tFe c res dent. and, subject to the Board of Directors, he she l be in general alit - charge of the properties and affairs of the Corporation; hershall preside at «ll meetings of the Board of Directors; in furtherance, of. the purposes of thi y ll contracts, conveyartces$ fra chises,~~6ondsoa, deeds, as and execute mortgages; notes and other instruments in the name of the . Corporation a signmentsa 1 . _SFCT10N 3.039 vice President, The such powars an c;uties as visa resident'shall have Directors and shall exerci eythe poowers ofttheipresidentBduringf that officer's a'osence or inabilit to act. the vice preside.nc in the performance of the duties ny action eta of thken by. president shall be conclusive evidence of the 'absence or•ihability to act e president at the~time such action was taken. SECTIOU 3,04, Treasurer. 'The The treasurer shall have custody • of al the roof and securities of the Corporation which coma into his hands. When necessary. pp behalf of the Corporation, focollection, checks,enoteseandn other obligations and shall deposit* thi same to the credit of . the Corporation in such bank or banks or depositories as shall be, designated in the x-vw er prescribed by the Board of Directors; he may sign all'receipcs and vouchers for a i Corporation, either alone or jointly with sucheocher officereas is designated by the Board of Directors; whenever required by the Board of Directors, he shall render a statement of his cash account; he shall enter or cause to be entered regularly books of the Corporation to be kept by him for that purpose the full and accurate accounts of all monies received and paid out on account of the Corporation, he shall perform all acts inciden to the'position of treasurer subject to the control of the t Board of Directors; he shall, if required by the Beard of Directors, give such bond fox the faithful discharge of his duties in such foil as the Board of Directors may require, . J CTION '3.05. gecrv The minutes o fil meetings Wrath; Boards ofrDirectorslinkbookshe provided for that purpose; he shall attend to the giving and ? serving of all notices; in furtherance of the purposes of this Corporation, he may sign with the president in thb name of the Corporation; and/or attest the signature thereto, all contracts, ccaveyahcas, franchiser, bonds, deeds, assignments, mortgages; notes and ether instruments of the Corporation; he shall have 1 charge, of the corporate books records, documents and instruments, except the gooks of account and financial recordf and su af, which the, treasurer shall hgva custody and charge, -and usuches alleofbwhich;shallpatsall relasonableotimesebe oii may direct, to in etion Upon application dt the office of the Corporat:o%,induringsbusiness hours, and he shall in general perform all ducioa incident to the office of secretary subject co the control of the Board of Directors, (4) } r ARTICLE IV Provisions Regarding Articles OfA ~qf~a~ y"Q Incorporation And By-laws SECTION 4'.01, l~.~~..~ 5 Effective Date. These By-laws shall become effective upon adoption y~aid of Directots•: ECTION 4.02. Amendments,to Articles of Incc oration and ws, a titles o ncorporat on :may at any t me an ram 'time to time be•amended, provided that the Board of Directors f files with the governing body of the Unit a written application requestingg that said governing body approve such amendment to the Articles of Incorporation, specifying in such application the amendment or amendments proposed to be made body by appropriate resolution finds and daterminesi hatvitnisg wise, expedient necessary or.}dvisable that the proposed amendment be 'made, authorizes the same tb be made and approves the form of the -proposed amendmsnt, the Board of Directors may proceed to amend the Articles as provid~d'in the Act. The Articles of Incorporation may al'so•be amended at any time by the governing body of the Unit: at its sole discretion by adopting an amendment to the Articles of Incorporation of the Cor- poration by resolution of said governing body'and delivering the Articles of Amendment to the Secretary of State as provided in the Act. 'These By-laws may be amended by majority vote of the Board of Directors, SECTION' 4',03In ter retation of By-laws, These By-laws and all 't terms an prov s ens, ere o_ s, -S-e Tiberally construed to effectuate the purposes set forth herein. If-any word, phrase, clause, sentence, paragraph, section or othar part of these By- lawsor the application thereof to any person or circumstance, shal~ ever be held to b%,.% invalid or unconstitutional by any court of competent jurisdiction, the remainder of these By-laws and the, application of such word, phrase, clause, sentence, pare rah, section or other part of these By-laws to any other person or p circumstance-shall not be affected thereby. ARTICLE .V Fiscal Provisions SECTION 3',01, 'flea-' 'rofit Cor oration Dis osition of n s, a orpoiat on is a pu c non- ~o Inds shall ever be paid, and no part of theo Earni netrearnings- of the Corporation shall be distributed to, or inure to the bin- of it of, its directo.s, or officers, or ocher pprivate person, association, ov corporation, except in reasona6lo amounts for a services rendered, and oxetapt that in tke'event the Board of Dir- ectors of the Corpo,-ation shall determine that sufficient pro- vision has been made,for the full payment of the expenses, bonds, i e l o ; i i I and other obligations of the Corporation, then an I i of the Corporation thereafter acerging shall qa paid toetheings s Unit; provided, however, that nothing herein ontained shall prevent the BOare, of Directors'from transferring all or any part or its properties] in, accordance with the terms of. any contract or agreement entered into by the Corporation. SECTION 5,02, eiscal Year. 'The fiscal year of the'Corpor- ation s a -6i; as date ne. y the Board of Directors. SECTION 5,03, Checks Demands for Mane and Notes. All checks or ~:zean-3s for money a~tes r3 t He rporat on shall be signed by such officer or officers or. such other person or persons as the Board of Directors may from tine to time designate rovided that in no event shall a check be neg,atiabla until it is s geed by at least one officer, ,mayrION 5.04. Dissolutiok.of 6orati, Distribution of Funds .rdfl_ r ercie~~ n eao uc_on or the corporat on, t3Cfe to a un s an3 properties or inte~:est in any real or personal pro party.owned by the Corporation ar: the time of such dissolution shill, vest in the Unit, and possession of such funds and properties o: interest in properties shall forthwith ba delivered to the Unit. ARTICLE VI ' General Provisio1,is aAoffire ag 'SECTION 6.01Prih'ci' 'a1' Offi.c'e. The princci(0~(g the Corporat an s alI Be t n to the unit. The Corporation shall have and continuously maintain in the State 'of Teoias a registered office (which may be, but need not be, the samo'as the principal office) and registered agent in accordance frith the provisions of Article 2,05, Texas Non-Profit Corporation Act, The Corporation may change its registered office and registered agent in accordance with the provisions of Article 2106 Texav Non4ro,fit Corporation Act. Process may be served on the corporation in accordance with the provisions of Article 2.01, Texas Non-Profit Corporation Aee, SECT%ON 6.02, Seal, The seal of the Corporation shall be as date= ne y the Board of.Director., S LION 6,03, Aesi at ions. Any director or officer may resign ar any time. 3`uc ras,gnacion shall be made in writing, and shall. take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the presides: or seerecary. The aceaptance of a resignation shall not be necessary to make is effective, unless expressly so provided to the resignation, (6) • +YApL Owl i ARTICLES OF INCORPORATION OF I' DEWMH COUNTY IFOUSINO FIN/U;C! CORD WA jgIr,4O U THE STATE OF TEXAS s f~3i~--i}Jl COUNTY OF DENTON j ~l~ I 1C f WE THE UNDERSICNED natural pparsons of the age of eighteen } (1B years or mono citizens of the Stata of Texas and residenta of enton County, texas (the "County",. which is a duly crggaced and astob.44hed County under the Constitution of the Stets ot-Toyas), actipg as lncorporitors of a.publlc instrumentSlity"'nd'hon-profit corporation (the Corporation) under the Taxes Housing Financu Corporations Act (the "Act") having been granted authority by the governing body of the County as evidenced by tho resolution attach-' hereto its Exhibit "A", do hereby adopt the following Articles uc rL.' Incorporation for the Corporationi rrc % ARTICLE ONB R ty The name of the Corporation is Denton County Housing Finance Corporation. (4"a ARTICLE Ti A The Corporation is a public inatrumintality and non-profit corporation. . ARTICLE TIM28 z The period of duration of the Corporation is perpetual, a ARTICLE FOUR The Corporation is organized exclusively for the purpose a r i!, of benefiting and accornpliohLn public purposes of, and on behalf of, the Covaey, by financing t o cost of residential ownarchto and development r at will provide decant, safu and sanitary housing Co: residents of the County at prices they can afford. It has bean r, ^r termined and declared by the Legislature of tho State of Texas the. sveh residential ownership end devolopmant will (a) provide for an-a ro rs: promote the public health, safety, annals, and welfarol(b) ralieva conditions of unemployment and enaourago the increase of induncry and comirelal activity and economic development so as to reduce the evils attendant upon unamploymaat; (c) provide for officianc and well-planned urban growth and davslopao.nr; Including the ulim- u ination and prevention of potential urban blight and the proper coordination of industrial factlitiaa wijh ablio services, rutua p U'w transportation and raaidontlal developmetttp(d) assist•pasacns of low and modarats income in acquirtnE and, owning decent, safe and s sanitary housing which they r:n uttord= and (e) preserve ;nd in- crease ad valorem tax baste, of local %overnmental units; and tiro foragoing have been determined and de,larid by the Lagislatura of r. the State of Texas to lessen the bur/,an of•governaune and to be public purposes and functions. The Corporation is or anited g solely to carry out the purpocas " r, tl of the Act and specifically shall have the powur to make at ac- quire home mortgages or maka loans to lending inotttuclons. x F s 1i.' ARTICLE FIVE h'-' ter a tiv` The Corporation has no mombera. I a ~ i { ARTICLE SIX ' These articles of incorporation may at any time and from time to time be amended pursuant to the procedures relating therato a0 mat forth in the Act. k ± ARTICLE SEVEN The street address of the initial registered office of the 3A e r stint 0eatoe , corporation is Ulm { K Texas, and the Hansa o u n c a rag stare agent at auc a reso - k ie perry dohs Crew(ord ARTICLE. izoitr The affairs of the Corporation shall be unaptby' a boars of - pot a4 pointedrb wtheh overning body of the County. The nt umb per of dip- motors a nstttuting the initial board of directors is five f The names add addresses of the persons who, are- to 6erv%, a"i tWe . initial directors, and the dates of expiration of their initial. az ' Z terns to directors, are as follows! DAVE OF 9 NA1p9 ADDRESSES zXYIRATION Or TERN i Jetty Joha Crawford# 1101 $am Antoae, Levisvillep tit, 75067" '12-)1-61 11-21•t,l Chester sparks, 2500 Mingo road, Osntoe, Tr, 71201, Lloyd D. Odle, louts 2, Rog S1-A, Lwtsr111e, T1 75656 32-11-r1 _ }d• E. C, 1. Wastes. Route 2, lax 21, Argyle, TX# 76226 12-71• < 1. f. svitseu, Route 20 50921yo, 6asgar., Tx, 76266 12•;.•... . f Each of the Initial directors resides within the Countyq. Each dir- actor, includintt,the initial directors shall be alieibIn for ro- appointment.C olroetors are romovablo ty the governing body of tleo ' County, for cause or at will, and rmst not be appointed for a tan% t >s`i to excess of six (6) yaare,> Any vacancy occurring on the board uC directors through death, resignation, or otbarwisa, shalt bo { filled by a pointment by the govorntne body of the County to hold office until the expiration of the term for which the vacating director had been appointed. ARTICLE NINE a The The name and street addross of each incorporator its MANES ADDRESS Lloyd D. Odle Route 20 Rot $I-At Lewisville, Tx IW O Chestar sparks 2500 Mtngo Road, Canton, Tx 16201 Jerry Jobs C:avlord 1701 San Aetone, Lewisville, Tx 75007 r4 ~ , Each incorporator resides within the County. kAf^L13~tB n r C,1 Yy ti e~~. 1 ' I - a~No ARTICLE TEN ~r A iesolutFon approving the form of chase 2mv; _1- fg Cos qp ration has bean duly adopted by the govrrnin t e County, The data of the adoption of such resolution is ar s3o A copy of the resolution is attached hereto as ti Any obligation incurred by the Corporation (including bonds or interest theteon) shall be payable solely from the revenues of the Corporation vhich shall be paid into a specie: fund or funds or the Corporation is its directors may provide by resolution. The County ;hall not in any event be liable in any wanner for ar vith respect to the psyrAlt from funds under its control of any obligations or. , agra«mencs, Pi Meted or incurred by the Cotposaeion and ar obii- ations 'or `riaments.of'the Corporation shall be con rwd as, an . . _ E i indebtedness, obligation or moral obligation of the county.. ARTICLE ELEVEN i No dividends shall ever be paid by the Corporation and no pa.j. } of its net earnings (beyond that necessary for retivem6at of the 4 ` Indebtedness of the Corporation cr to iwpplemeat the pubila purposes 1 i of the County for vhich the Corporation t+ae bean created) shall be i distributed to or inure to the benefit of its directors or officers or any private person, firm, corporation, or association except in reasonable 4aounts for services vendared. No substantLal part of the Corporation's activities dull be carrying on pripaianda, or otherwise attempting to influence legislation, and it shhell not participate in, or intervene in (lacluding the publishingg or didtrlbuting statesunts), any political campat;n on behalf of or in opoitlon to any candidate for public office. p~ ARTICLE TWELVE I# the Corporation over should be dissolved when it has, or is ant tled to, any interest in any funds air property of any kind, real, psrsonal, or wixed, such funds or property or rishto thereto shall not be transferrad to private ownership, tut shaft be trans- forced and delivered to tho County, aftor satisfaction or pro- visions for satisfaction of dubts and claims. IN WITNESS WREREOP, we have hereunto set our hands, this thn 11 day of deeuarv. 19eo xMi. • itoyd c. Odle - stet iparke ch ~ ~ at y Jo n C wfoed , . r • r~ ..n w., .r.•x':? .nom . - TNS STATE Of TEXAS COUNTY OF DEMON I, the undersigned, a Notary Public do hereby certify that on this 11 day of : onaary, l/eo 9:I914s personally appeared and i Eslars ma s,_q,_R91t_ comatit Sam Jars Joss cravror v o ea a as y me ra duly avorn, ssvera y declared t they are the persana who signed the fostr• f. going dacments as incorporators, and that the statements theroin contained era true. IN 4IMSS i1NLitMY I hays hereunto set my hand and seal' tlw day and yiti'above writtens Naaaaaarbaalk) p1i" cart' c in an or encon t,~iM h11 County,TE1f/►S n + Ky Coam<iseloe Esspirasss e:~e•ee r yI Lt/1 ey . to ti a " 5, , f 4» ' Y % k eenoan~. L _ x A RESOLUTION by the Connisslonera' CC~~~rt}~r' Q County, Texas, authoctsin Pd ! creation of s non-profit eor or env li th'~att on its behalf under the "Texas amusing Finance Corparation Ace" and spprovin66 the Attidl-r of Incorporation proposed to be used in organ- t !sing the Corporation, t . WHEREAS, a written application requesting the authorization f and approval of the creation of a non-prof It corporation to act on behalf of Denton County, Texas, under the rovisions of the "Texas Housing Finance Corporations Act" (the and havinO E attached thereto articles of'intorporaetoa proposed to be used c' in organising Cho Corporation his been tiled with this Commis- , stoners Court= and I WHER1ASa the Coasisstonera' Coure has'considerad such apppli.< tion and has found and determined that such -is signed by not la~:: than three (7) natural persons, each of whom is at least etuhc,;aw4 (15) ears of age and a qualified elector of Denton County. Taxae, ~ a and that said application to otherwise proper in form andconcent t„ in accordance with applicable law so that it may be reviewed and y i acted upon= and j WHEREAS, the Conaiasionere' Court hie coneidorod the arcic14•:: of incorporation proposed to be used to organising the CorporaL',:• Y as submitted with the afovamentioned application and has. found a•.., y " determined that they are proper in form and content and should I•- Approvadi and e' VHEREAS, the Comiasionecs' Court has determined that a gyn.., profit corporation created on behalf of the County, purcuent to the Act, is wise, expedient, necessary or advisable and would g4 g• of benefit to the County and its inhabitantsr that accordingly the creation of such corporation should to approved and authorizt•,t; therefore T It IT RESOLVED BY THE COMMISSIONERS' COURT OF DEMON COUNTY, ECTION li That the findings and detorminations raeiteJ i., the praaab a hereof shall be and sane are hereby made a part of thougheagaintset forth burainxat lanrih with the like effect ae HCT1OH 21 The creation of a non-profit orporation to u.•r. on beholl of"'Dentoa County, Texas, as roquestsd in the afore- mentiunad application be and same ie hereby authorised and appra'n.- gED'i_ IION ]3r The articles of incorporation proposed for u&v. k: organising the Corporation as +ubmieead with said application (Ltij attached hereto for purposes of ldentift.atLon) art hereby approv,.l 1 and the number and names of the portions who are to serve as cha I + initial bnard of directors as therein set forth era likewise Ap- proved and with like effect as if herein appointed as the initial directors of said Corporation, The County herein grants authorir•y for the incorporation of the Corporation: j CTION 4r That it is hereby offictally found and doterm;.r.,•,r that a case a emergency or urgr:ut public necessity cxistn whto, R requires the holding of the mooting at which t1 o" Iteaolutian it adapted, such emergency hatng Chat the adoption oC this Rceolu.t.. is necalsary for the incurporation of a housing finnncu corpur.,a . under the "Texas Ilcusin,, yinnncn cneporattonn Act". sad that, ib '~1t proceeds from Clio issu;uiro of duch e0rpor4tton'r bonJ aror ra•:" € needednresidentialohoarid usingtfor tnorrona for Low And ~ adtarato rinll• t z h Yi' . within the Count Yt that lr laid meeting o vas o en to rlla gcd by laws and It Public notice as tge eto ppys of "id meetly was gg Pub1la as ro_ Se, art. 6252-17, as +uaandadea as raquiroo by Vornontat a~Civ~ur- S'ION St 'this Its p and 110eOlution shall be loctlvo ol assage, Lt Le eo resolved, from and attar PASSED AND ATPROYE klAls ilea, O,'this tho 11_ day of r.Arar ATTts?i y.. 4n-c-q-tW W-~icjty,),Wxir Rio t r , r~ o atha .I isloneea! Court of or Ac°~hO~ U . I Denton County, TLW Seal) 1 % i y i s j n~ ~ ,a raw '71 ' i APPLICATION TO THE comrsSIONERS' COURT OF DENTON COUNTY, TEXAS, TO AMEND THE BY-LAWS OF 7ENITONQ~~ COUNTY HOUSING FINANCE CORPORATION' D 170019' } The undersigned, President of the-Board (if Directors of the Denton County Housing Finance Corporation,: hereby files with ttie governing body of Denton County ,"Tones, an application in wviting requesting that said governing body a 1. amendment to Sec ion 2.01 of the By-laws of the Corporation ;~rk provide for (i X) directors, of witch number S ( she a rss dents of the City of-Denton, Texas, amcnae d text of Section 2.01 to read. as follows: "SECTION 2.01: Powers Number and Term of Office. The.pzoper yan2r affairs o t e rporat or; g a e managed and controlled by the Board of Directors and, subject to the restrictions imposed byy Isw, the Articles of Incorporation and these By-laws, the Board shall exercise and be vested with all powers of the Corporation. i I The Board of Directors shall consist of r,,, V -I) a directors all of wkwm shall be residents or the Unit of which number to ( S ) shall be residents of the I City of Denton, xaa and ell of whom shall be appointed by the governing body of the Unit. The initial ' Board of Directors shall hold office for such period as is specified in the Articles of Incorporation. Subsequent directors may be appointed by the governing body of the Unit for a terra not in excess of six (6) years, and are removable by the governing body of the Unit for cause or at will. Any vacancy occurring on the Board of Directors through death, resiggcation or otherwise, shall be filled by appointment by the governing body of the Unit, the appointed mewber to hold office until the expiration of the term for which the vacating director had been appointed." ."Zespectfully submitted, this day of 3 w y~- 1981. e~ta r o r ecgors K lie- on CoHousing Findrace Corporatism ATTES ecr c y ar rectors Denton County Housing Finance Corporation (Seal) wP uer..yi`i 1. • • ' 1 I , .IER$ ,,C9UR7 APPLICATION TO THE t OMA!ISSI -OP-""ON COUNTY, TEXAS, TO AMEND THE Bt-;,LAWS OF THE DENTON COUNTY HOUSING FINANCE CORPOSAT No Q 104 ~g The undersigned, President and Board of Directors of the benori.Covnty.Hou§ing Finance Corporations he: o -fi-les with the,governing body of Denton _County, Texaa 'an application in writing requesting that said governing body approve an amendment to Section 2.01 of the By-laws of the Corporation to provide for a reduction in t. e P3unber ,of directors from - (12) to eleven twelve of the 13 laws .to sea(11,) ; the- ~ended. text of Section. 2.01 . - d as follows: "SECTION 2.01: Powers';,Number and Term of Office. x' The' property an affa rrss of-Me Corporation_ @a e_ f managed and controlled by the Board of Directors and, su%ject to the restrictions imposed by law, the Articles r of incorporation and these By-laws, the Board shall oxercise and be vested with all pcwers of the Corporation. The Board of Directors shall consist of eleven (11) directors, all of whom sh Labe residents of the Unit, of which numbrr five (5) 0a1'1' be residents of the City of Usnton, Texas, and all of whom shall be appointed by the governing body of thelJnit. The initial Board of Directors shall hold office for-such period as is specified in the Articles of Incorporation. Subsequent directors may be appointed by the governing body of the Unit for a term not in excess of six years, and are remov&ble by the governing body of tWe(_6?it: for cause or at will. Any vacancy occurring on the Board of Directors through death, resignation or otherw,ts3, shall b3 filled by appointment by the governing body of th(, Unit, the appointed member to hold office until the expiration of the term 1 for which the vacating director ha,1 been appointed." Respectfully submitte3, this .L day of~ 1982. { C s . e , oard of Dire t s e ton My Housing Fin nce poration ATTEST: i ,u vw, e~:retary, azo Directors Penton County Housing Finance Corporation t (u0 dl) i .