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Home My WebLink About01-17-1995 • CITY COUNCIL AGENDA PACKET 1-17-95 1 i .gyn.......-w ....w~M.,t r... .ri ....~wiYYfawlrv 1. all • e~ • AP* No,_ W-3 AGENDA Agendalt CITY OF DENTON CITY COUNCIL - January 17, 1995 OatQ.. + Closed Meeting of the City of Denton City council on Tuesday, January 17, 1995 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, 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider settlement in GLllespjg.. )L,_ Citv. 2. Consider settlement in ;Ioott_y._Q1_ty. B. Real Estate Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Consider working conditions of part-time and assistant judges and give Municipal Judge direction. 2. Continue the annual evaluations for the City Manager, Municipal Ju'ge, Part-time Municipal Judge and Alternate Municipal Judges, Work Session of the City of Denton City Council on Tuesday, January 17, 1995 at 7;00 p.m. in the Council Chambprq of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 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 A matters should be placed on a future regular or special meeting of ' the Council for citizen input, city council deliberation and formal City action. At a work session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. 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 meetings, 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 • a~ • City of. Denton City Council Agenda ~?6ndaNo--~ January 17, 1995 allen~ialtp~ Page 2 ~1~F _ •r..,,_ -Lj -I Z~ b Council, prior to the beginning of the session, a written report regarding the eitizer's opinion on the matter being explored. Should the Council dirFet the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 6:00 p.m. 1. Receive a report from the SENECA Group, Inc, and hold a discussion concerning the City of Denton's development of a telecommunications system. 2. Receive a report and hold a discussion regarding the 1995-96 City Council budget priority questionnaire. 3. Receive a report and hold a discussion regarding the 1996-2000 Capital Improvement Program budgeting process. Regular Meeting of the City of Denton City Council on Tuesday, January 17, 1995 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval. of the minutes of the city CouncJ1 meetings of November 11 8, 15, and 22, 1994. 3. Resolutions of Appreciation A. Consider approval of a resolution of appreciation for Rollins Dale Fmery. • B. Consider approval of a resolution of appreciation for Mauro Rodriquez. 4 C. Consider approval of a resolution of appreciation for Howard Kelly. i • D. Consider approval of a resolution of appreciation for • Joseph Ayers. E. Consider approval of a resolution of appreciation for Samuel D. Laney. ~..~..w..•..~rr~~+v. • r.Y.N-aw....VMYtiW4Y'li !•T._,. ~ , • Q • City of Denton City Council Agenda January 17, 1995 n Page 3 r'dridoNo __._~s1.SGQ 4. Yard of the Month Awards t+lf J. °.x_1`3 6 5. Public Hearings A. Hold a public hearing with regard to the proposed annexation and zoning of a 199.5 acre tract located east of Mayhill Road and north of Edwards Road. (A-64) B. Hold a public hearing with regard to the proposed annexation of a 1.1 acre tract located on and being the east part of the right-of-way of Corbin Road and give staff direction. (A-68) 6. Consider exaction variances to Sections 34-114 (5) (perimeter street paving) and 34-114 (17) (sidewalks) of the Subdivision and Land Development Regulations associated with the platting of 7 lots on a 138.875 acre tract of land on the north aide of Jim Christal Road at its intersection with Egan Road. (The Planning and Zoning commission recommended 5-1 to approve the variance, conditioned on $37,800 of street improvements to Jim Christal being completed by the developer.) 7. Consent Agenda Each of these items is recommended by the staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 8.A, B.B, 8.C., 9.A, 9.B, 9.C, 9.D, 9.E, 9.F). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the • receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase orders: 1. Bid #1705 - Large Document Copy Machine 2. Bid #1603 - Fleet Services A 0 • B. Fees 1. Upper Trinity Regional Water District I • 0 • w • City of Denton City Council. Agenda January 17, 1995 Page 4 K ~!enaaaNo __„G[c~_Qu C. Contracts .~5..- 1. City of Shady Shores - Ambulance Services b 2. City of Ponder - Ambulance Services 3. City of Hickory Creek - Ambulance Services 4. City of Sanger - Ambulance Services 5. City of Krum - Ambulance services 6. City of Argyle - Ambulance Services 8. Consent Agenda ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (7.A.1. - Bid 01705) B. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the city for administrative and project fees as per contract agreement with the Upper Trinity Regional Water District. (7.B.1.) C. Consider adoption of an ordinance amending ordinance No. 95-001 relating to the award of bid Number 1693 for the purchase of fleet vehicles to provide for the purchase of an additional pickup bib item #1. (7.A.2. - Bid /1693) i 9. Consent Agenda Resolutions A. Consider approval of a resolution approvtng an interlocal ambulance agreement between the C+.ty of Denton and the City of Shady Shores for amtulanco services. (7.C.1.) j I B. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Ponder for ambulance services. (7.C.2.) C. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the C;ty of Hickory Creek for ambu'/„oce services. (7.C.3.) • D. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Sanger for ambulance services. (7.C.4.) F. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Krum for ambulance services. (7.C.5.) F. consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Argyle for ambulance services. (7.C.6.) • 0 M s City of Denton City Council Agenda L'llt'3fVO January 17, 1995 Page 5 10. ordinances $ A. Consider adoption of an ordinance authorizing the expenditure of funds in Gillespie v. City Qf Denty. B. Consider adoption of an ordinance authorizing the expenditure of funds in Scott.v. City of Denton,. C. Consider adoption of an ordinance directing the publication of Notice of Intention to issue General Obligation bonds of the City of Denton. D. Consider adoption of an ordinance directing the publication of Notice of Intention to issue certificates of Obligation bonds of the City of Denton, E. Consider adoption of an ordinance delegating authority to the City Manager to temporarily close streets for block parties and other social events in the public interest provided no police or fire hazard is created by such closure. F. Consider adoption of an ordinance amending portions of. Ordinance 94-153 which prohibits the parking of vehicles on certain portions of Railroad Avenue and East Hickory Street near the Denton Municipal Complex. (The Traffic Safety Commission recommends approval.) 11. Resolutions A. Consider approval of a resolution creating a Juvenile Crime Interagency coalition to promote understanding, facilitate coordination and cooperation among agencies involved with issues related to juveniles, 12. Vision Update 17. Miscellaneous matters from the City Manager. A. Consider an appointment to the Community Liaison committee in conjunction with the Safety-Kleen Recycle Centor. B. Update on the Bond sating Trip. ® 14. Official Action on Closed Maet.ing Items: # # A. Legal Matters B. Real Estate C. Personnel D. Board Appointments # 0 • a • City of Denton City Council Agenda 0~,3. January 17, 1995 AgandaNo Page 6 15, New Business This item provides a section for Council Members to suggest items for future agendas. 16. Closed Meetings A. Legal Matters Under TEX. GOVOT CODE 8eo, 551.071 B. Real Estate Under TEX. GOVT CODE See, 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE See, 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 the _.day of (P,m,) 1995 at .-o'clock (a.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS THE ADVANCE OF THE SCHEDULED MEETING, PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES F R THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SICK LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY "!:CRETARY'S OFFICE, ACCO0242 t • O C I T Y - 4UNCI -n 11113 t4i ji 114+41 V 1 or ea A' N1 •4raN. s~~QQQ ~ • O • DATE: aua}~-~a-995 CITY COUNCIL AGENDA ITEM 1~ 2 TOs MAYOR AND MEMBERS OF THE CITY COUNCIL FRAMs Floyd V. Harrell, City Manager SUBJECTS Receive Report From The Seneca Group, Inc. concerning the City of Denton's Development of a Telecommunications System. RECOMMENDATIONS The Seneca Group's report outlines a phased approach to entry into the telecommunications industry with recommendations for system construction, rate structures, staffing and customer service. Staff recommends that the City pursue the specific Phase I measures of the development plan immediately and continue to develop the plan for Phase II through further analysis and research, Staff will continue their preparation of a comprehensive business plan for the City of Denton's proposed Telecommunications system. SUMMARY/BACKGROUNDS The City of Denton Electric Utility built; a fiber optics based communications facility to serve the City organization with needed telecommunications services. Recently, other governmental agencies and educational institutions in our community have expressed interest in using the City's existing and potential fiber optic facilities and services. Employment of these technologies can be a building block for further economic development. Due to the complex rate snaking and regulatory issues surrounding the telecommunications industry, a Consultant, the Seneca Group, was enlisted to develop a rate setting methodology plus study the specific issues, opportunities, and characteristics of the City of Denton's present and possible future telecommunications operations. eased on this significant opportunity for economic development and • overall community improvement the Utility Department is prepared to develop a Bus.inesr+ Plan for a Telecommunications System, if the Council determines this is ,a service the City of Denton should provide. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs 'rhe utility staff will follow direction from the Public Utility Board and the City Council with regard to establishing a pricing structure and further implementation of a Telecommunications System. II • O • n • yardaMo ...:J. - 'i i e~dafte 41 FISCAL IMPACTt Kale ~v L:7_ "~2 The development of a pricing structure and implementation of Denton's Telecommunications System will be a long-term investment which will grow in value over the years, it can provide services to Denton public institutions and business that will have substantial economic value to them and the community in general, Respe fully submitted, ylity Manager Prepared by: Corr na G11 Special Projects Coordinator Approv i by ~J G Robert E, Nelson ~ Executive Director of Utilities • n w • i5 k~a.(L4f3.H1~'~~~i`}`t~4'tAa44,i e c r DENTON o0V oooooo 00 oo°0 0o f o ( o ° c° oo°c)00000 ell p ° N, ~ ~op0o ~ ooOp f CITV COUNCIL e s Cot I db z CITY of DI[NTON, TEXAS MUNICIPAL BUILDING • 215 E. MCKINNEY • DENTON, TEXAS 78201 (817) 566.8200 # DFWW METRO 434.2626 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Flnence Officer (J( DATE: January 13, 1996 QQ SUBJECT: 1996.98 CITY COUNCIL BUDGET PRIORITY QUESTIONNAIRE Each year the City budget process begins with the completion of a Budget Priority Questlonriaire by City Council. Because City Council direction is essential to guide the budget process, your help Is needed to prepare the 1996-98 questionnaire, Please review the attached list of possible service areas to be included In the 1996-96 Budget Priority Questlonnalro, and ha prepared to make any suggestions and additions or deletions on January 17, 1996 during the workaesslon discussion of the o questionnaire, The Budget Priority Questlonnalre will be distributed to City Council on January 20, 1996 and will be due back to the budget office by January 27, 1996, If I can provide you with additional Information please let me know, Th,,.jk you. JFAb Atl Ohnienl AFFOOC7C , "Dedicated to Quality Service" 1 , N t } id i S 9dr`~ A fjt~i. h,l ti t~ w us t • tta PRIORITY OUESTIONNAIRE SERVICE AREAS PUBLIC SAFm TYPE EEAVICEB ( 5 _ POLICE PATROL AcendaNo CRIME INVESTIGATION LOW ASUKIENFORCEMENT PW,0AAMS ARIanda~ta COA(MU TRAFFIENTEOPCEICLVG (COPE) C I PARIDFIMMFFICENFORCFMENT FREPREVENTION tAlie EMEfKiFNCY NCY M MM (AMBIAANCE) FARE SUPPRESSION EMERGENCY PREPAMMESS(MANAGEMENT) RNVNONMENTAL HEALTH (INSPECTIONS, ECT ) AN M1AL CONTROL MUNICIPAL COURT PUBLIC YVOIIKS TYPE SFAVOEV STREET MANTENMICEAEPAW STREET CONSTFWCTIC*, sKILDWO STREET SWEEPW TAAFFIC SIGNAL 17ATKWAWINEERNG AIRPORT DEVELOPMENT COEIAKJNGY CEVELOPMF.N r TYPE WNICE8 PURL IC TRANSPORTATION (SPAN, ETC.) NEIGHBORHOOD SEMACEB ,MICE, ETC) , DOWNTOWN RELMEYELOPMENT 0,1000 111, ETC) LONG MOOEAA% INCOME HOUR NO LONG RANGE COMPREHEN G IVE PIANHNG OEYELOPML'N7 REVIEW PACQESS CITY BEAUTP (CATION (PAFM, FACL 17 IFS, MEDM B) COOS ENFORCEMENT DEMOUTGN(f &/BBTANDAROBLDO BION NOLATIONIS HIGH WEE)BPCEBRIS V"OLATIONS BUADWO IN SPECTION PARKS AND LEOURER.IBFLAAY TYPE 6 M MS NEW PAW)PAIV( EXPANSION ON NEKIHBCNHOCO, COMM UN" ' PARK MAINTENANCE (ATHLETIC FIEITA, MEDAIS, MOWING) NEW ATHL ETICFELOS BICYO.EMI A 3 TRAL DEVELOPMENT GREENBELT SYSTEM PLANNMNCVDE LOPMEN7 RECAEATION CENTER PROGRAMS SENIOR CITMEN PROIMMS YOUTH RECREATION PAOOUM8 NEW AM LETIC PROGRAM S CIVIC CENTER WASNICNAWA LOWY PROGRAM S (W GENERAL) LOPARY EXPANOION LIBRARY YOUTH"ILOREN'S PR03AAA(S 1GRARY FTEFERENCE SMICIS LOWY AUOIO,MSUAL SEAVICES NTEFTNAL TYPE SERVICES LEGAL SERVICES NFOIDATA PROCE88NG SERVICES RISK MANAGEMENT VN TEANAL. AUOR SERVICE S PERSONNEL RECRUITMENT EMPLOYEE tRANNGNDEVELOPMENT WOPIB'ORCE DIVERSITY • UTLItY TYPE SERVICES LANDFILL SOLO WASTE COLLECTION STORM OMlNAGE IMPROVEMENTS WAS TEWATER TREATMENT PLANT WATER StORAGERESERVES UTTER PROGRAMS RECYCLING EFF ORTS ELECIPIC SERVICE ® OTHER S w"..SImms CON TFIBUTRCNS TO HUMAN SERVICEAOENCEB • • CURASN t HOTELAMOTEL TAK CON tRIBU7*NS EMPLOYEE PAY PLAN AODUSTMENTOWNtFMTB ECONOM O DEVELOPMENT NCENtIVES FOR DIT4LOPMENI (TAX ABATEMENT, ETC) LIM ITY RNCENTAE RATES UtL ItY INCENTNE LINES owMYUlnxaeuor+rnLeAwcES.wu e a r DENTON e oooona aoo~oo ~ oo°° OF ° °ooz 00~~~ ~0 0 c' - a a a © I p00 ~ q`D ~~O ~ r o ~ ~ OHO oooa N ooo~ aoooaaoo s CITY COUNCIL ~ . . • a • r 'OpMidaNo. . AQendeft 0.fite CITY of DENTON, TEXAS MUNICIPAL BUILDING • ^.15 E. MCKINNEY • DEN TON, TEXAS 7620f (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer ~Isut DATE: January 13, 1995 ~y} SUBJECT: 1998.2000 CIP BUDGET CALENDAR I am pleased to provide this year's capital improvements program budget calendar for your review. This year's calendar was dtilgned to receive council and community Input early in the budget process, k Council input begins January 20, 1995 when the Budget Priority Questionnaire, which ! allows you to ,Iority rank service areas, is distributed, The questionnaire is due back to the Budgu; Office on January 27, 1995, 1 Community input Is obtained In a Joint Planning and Zoning Commission and Public Utilities Board hearing held February 9th at 8:30 p.m. in the Council Chambers. Please feel free to attend this Important meeting, I believe the attached calendar will enable this year's CIP budget season to be afficlent and very productive for the City of Denton, • if you have any questions or comments regarding this year's CIP calendar, please let me know. Thank you. AtIA r A/FOX7E "Dedicated to Quality Sem ke" r ? i w 4, 1 S p. 0 F7• F ~'r ~i`l ~r~"~Y t~l ,.~51 `1~r~i~ ~~'1 • • cjanmo._.95. Glo 131E qs.). CAPITAL BUDGETING CALENDAR 1996-2000 Ja uan 17 - 3'uo.sday Discus-don of Priorities Questionnaire with C'11y Cmmoil. City Council hrieling on C'apilal Improvement Program. January 20 • Friday Prioiily Quostiomnaire distributed to C'hv Council. January 27 • Friday City Council returns Budget Priority Qucslionneire. February 7 •'1'uesdav Reviewaad discussion o1'Budget PrOrhy Questionnaire results with City Council Fubmary It - Wednesday' Public Utltilks Board and Planning and Zoning Cormnisslon hold it public hearing to raxrive input from the commmniiy regarding Capital Improvcracm Program. February 22. Wednesday Staff Capital Improvement Program Budget klckoft' March 10 Frld$y Capital improvement Program requests due In Budget Office for review and anal vsls, i March 15 - Wednesday General Government lIfth year Capital Improveineml requests arc prewenlod to Exa;ulive Committee for wnsideradon. March 20 • Monday I?xeculive Committco rankings of capital hnprovei ml projects duo to Budgel Ofii", I March 23 -'Thursday Executive Committee dirwusslon ofcaphal improvernnt project priority rvdcings April 5 • Wednesday PON iltllhks Board receh,cs preliminary draft of Utilities Caplbd Improiemonl Program. + April 7 - Friday Executive C'onuniltee reviews General Clovemmerl requests formulating 1 n."mmendation to be forwarded to Planning and Zoning CommWon, April 26. Wednesday Public Ulililkis Board holds a work session to review Utilities Capital Improvnmrunt Program May 3 • Wcdorssday Public Utilities Board final Utility Capital Improvement Program • recommundollon. May 111 • Wednesday Planning and Zoning Commission discusses the Capital hmprovement Program. May 2.1 - Wedm%day Plarming and Zoning Commission holds a public !scaring in a special mein and considers recommendation. g' Jtmc 6-'I uesdaY Rccommemded five-year Capita Improvement Program consideration. proaeoted to City Cotmall for • • Scplembcr 12 -Tuesday City Council adopts Capital Improventem Program budgul (flrsl year of Capital In lprovementProgran). • c• C DENTON ooo ooouooa000 oo°~ ~ ~°oo o d 1:3 p 40 ~aaa~~D~o A CITY COUNCIL • O • • a,~laNa Agendaltn Cats _ o0o 6 7 CITY OF D No Oe ber 1 COUNCIL MINUTES The council convened into a Closed Meeting On Tuesday, November 1, 1994 at 5:15 p•m, in the Civil Defense Room, or Castleberry; Mayor Pro Tom Brock; Council Members PRESENT: May Chew, Cott, Perry, and Miller. ABSENT: Council Member Smith in Closed Meeting: The Council considered the following A. Legal Matters Under TEX. GOVT CODE Sec, 551.071 a~exander. 1. Considered action in =v v June„ (MLY Center) to Tina 2• Considered settlement offer relating Jackson claim. 1. Considered settlement Arron T. claims of Frederick McCoy, at al. James Johnson, Sr. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Q Sec. 551.074 November 1, Council Chambers. The Council convened nin the City Work 1994 at 6.00 p• PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, and Miller. I ABSENT: Council Member Smith Staff direction regardiThenCouncil held a discussion and gave ave St St Improvements the desirability of forming s Capital rg I~ Citizen Committee. City Manager Harrell stated that this particular subject item was ctober • brought before ouncil at derationhuntili and the November 1. Council voted to p p the logic of imini shed With the urgency of the ien soup 8s was dons for the 1996 bond forming a broad based citoizntmentuof a citizen group in the spring issue would argue for app or summer of next year. He stated that unless it was Council's desire, he would not go through the various reasons staff outlined A to postpone appointment of the committee. Staff's recommendation to the Council was that a more logical time would be the spring or ~ . • summer of next year. Council Member Miller agreed that it made sense to defer the item, the asked that ur furnished meantime beginning bond election be f with ~6: • ea r City of Denton City Council Minutes ~geedalfBm ~5 November 1, 1994 Page 2 Z~67 what happened with Planning and Zoning, a copy of the resolution forming the committee and the schedule of events that year. He felt those items would give the Council an idea of how to plan for this committee. He said since the 94-95 funding year had already been taken care of he assumed the Planning and Zoning Commission would allow a fifth year, 1999-2000, to be added. Miller motioned, Perry seconded to direct Staff to provide Council information on the formation of the 1986 bond committee. On roll vote, Cott "aye", Brock "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", and Chew "aye". The motion carried unanimously. 2. The Council held a discussion regarding TMPA activities and gave Staff direction. Mayor Castleberry welcomed the members of the Public Utilities Board present, John Thompson, George Hopkins, and Bob Copeland. Mr. Harpool stated that Bill Giese and he had planned to give the report but Mr. Giese could not be present due to a family emergency Harpool stated 1994 had been a busy year for the TMPA organization where Bill Geese and he had been proud to represent the City on the Board of Directors. The Council had attended the American Public Power Association meetings and the last two years have been full of the profits of doom and the pitfalls that were facing the electric industry, There was great talk of the electric industry being decentralized similar to the telephone industry. This had created a lot of talk and posturing on the part of all sides where major companies could get retail wheeling and come in and sell some of the City's customers. He said in the final analysis the TMPA representatives may need to protect the City's interest in the legislature. He thought it would be a few years from now but that they were trying to get the City in a position to be as competitive as possible. In May, the City authorized a study • ongoingsanddMr. McDonald with Burns and study, That had give f that report to the Board Wednesday night and Thursday at the regular bi-monthly Board meeting in Carlos. The report suggested that the interest of the cities in the TMPA might best be served by switching from lignite coal to Powder River Basin coal as a source that would save considerable money over the long term. There were a number of things being done to have this evaluated from every ' • stand point, including permits from the State for railroad spur • relocation, and closing down the mine. It appeared from the first interim report on power supply analysis that it could be something very positive that would help to keep the city in a competitive position all the way through on electricity. C, • c, ggVduNo City of Denton City Council Minutes AgoitiltoR1„ T=-Qa November 1, 1994 Date... Page 3 3 ctg 7 Council Member Cott asked what was the total interest outstanding at the beginning of the fiscal year, at the present, and pro)ectad for the end. Mr. Harpool stated that he could get that information but it was a fairly substantial figure. He explained outside the fuel cost and interest were payments on the debt and when a billion dollars was owed, it ran into money. Council Member Cott suggestod that the City might want to continue to look at those three figures because the amount of interest and amount of principle of debt was the key to what the city could do in that business. Council Member Chew asked if there were plans for expansion on the table. Mr. Harpool stated nothing was tn the vill at that time. The city's work with demand-side management and keeping total consumption at a much lower level than was originally projected had gone a long way to extend the life of the plant to meet the needs of the cities. Closer to the year 2000 the TMPA will have to consider alternatives whether to upgrade the system. Council Member Chew asked if there had been any comparisons or forecasting an what the gas rates would be in competition with the lignite coal. Mr. Harpool stated that TMPA representatives had asked for proposals from the natural gas companies. Those proposals would be presented to the Board at the next meeting. It might be entirely possible to buy gas and electricity cheaper than it could be produced. i Council Member Chew asked how the retail wheeling was looking A coming to Texas from other areas. Mr. Harpool stated that it still had not gotten off the ground, fortunately for Denton. The City would not like to be in that type of position at this time. Council Member Chew asked if there were plans to talk with the f 0 state Legislators regarding passing legislation to protect the City against this happening in the future. r Mr. Harpool stated the Texas Public Power Association had taken a strong stand on that. • ca • vendaNo City of Denton City Council Minutes November 1, 1999 IrJ,,~,~,;Iff0f111 Page 4 ..l.`.._ 4467 Council Member Perry asked if Mr. Harpool had an understanding of how the conversion to coal would affect the unit cost of producing electricity and how that might impact the cost to the City of Denton. Mr. Harpool stated that a test run would be necessary to see if it would work or not. Theoretically, it would generate large savings but felt it was a little premature to say with any certainty. Council Member Miller asked Mr. Harpool if it would be a major change to go to coal from the lignite in terms of changing equipment, technology, and so forth. Mr Harpool stated that the largest change would be getting the railroad spur in with the proper unloading facility. Council Member Miller asked if there were any projections on the time frame in making the switch if this was the way the City of Denton chose to go. Mr. Harpool stated that a test run would be done within the next 30-60 days. If the results were favorable the City would begin working after the first of the year. Council Member Miller stated that he thought one of the major savings was the maintenance costs of the facility, Reduced cost of maintenance and increased length of the life of the plant would be major factors Mr. Harpool stated it would be one of the factors included that would project the profitability to the City. Council Member Brock esked if there was a move among other cities to alter their relationship with TMPA in any way. Mr. Harpool said all the cities were scared earlier in the year • when the horror LAtories started coming out. He did not think these was any way four cities could do that and it not be an upheaval as far as the overall bond market was concerned. Mayor Castleberry asked if there was any one on the Public Utilities Board who had a question. p Mr. Harpool stated that as the study was completed and TMPA • • representatives were ready to reach some conclusions, he would like to come back to get Council's acquiescence in those areas because it was going to be far reaching and felt it was very important for the Utility Board and the Council to be fully aware of the decision ♦ O I- c> a ~~--vtI~Q3 City of Denton City Council Minutes November 1, 1994 -•1_,.~ ~~t,~ Page 5 making process and the decisions that had to be made in order to be sure the City of Denton was on the right track. Mayor Castleberry expressed the council's appreciation for the TMPA representative's efforts and said the Council would like to have reports from them updating the council from time to time. Mr, Chew also suggested that the Public Utilities Hoard come to give the Council an update as well. City Manager Harrell mentioned that he, Mr. Nelson, and Mr. i Copeland had some conversations with Mr. Harpool and Mr. Giese and wanted to make sure that Council was aware of those conversations to encourage the members of TMPA to work towards the point where TMPA could offer the various cities some kind of project. He said before the City could consider any options regarding repowering the City's unit or buying electricity from some other source, it had to get in a position where TMPA offered a project which the city could decline. once that was done the City would still be bound to all the debt obligations for the original Gibbons Creek No. 1. As Mr, Harpool said, there was no way the City could divorce itself from those obligations. If the city could get project that the City could decline to TMPA to offer up a opened up a window for the other options thatitheaCity wash looking at with the power supply study that was underway. He stated if conce to Mrf Hahad and Mr rGiese,ltithwould need to m be discussed informally they had been strongly encouraged to persuade the other TMPA Board Members to initiate the project and give the City the flexibility the Council felt was so important, Mayo.* Castleberry thanked Mr. Harpool and Mr. Giese for being the City's representatives on the TMPA Board, Mayor Castleberry stated that Mr. Harpool's position as President was a first for Denton. Mayor Pro Tem Brock asked the City Manager to elaborate on his a comments that declining to participate in a project would open up other opportunities. City Manager Harrell responded that the way the power sales agreement was structured when TMPA was formed made TMPA's offering TMPA offered p an additional project a key point in the relationship. Until u p a project the City was prohibited from doing • anything with the power plant that the city relied on for 354 of • • its power. The City did not get all the power needed from TMPA. The City relied upon the power generated in its plant and the power that was traded back and forth with other sister cities, For example, the city was operating units that everyone acknowledged to • 0 °~ondaNu City of Denton C:ty Council Minutes Arfgi',r,l7[D.-,C?.? D.- --November 1, 1994 Page 6 194p/ 7 be inefficient units. if the City was going to continue to operate most effectively it needed to repower those units and seek other alternatives. At the time the City was prohibited from doing that. The city could not increase the amount of generation '.hat it had coming out its system until the point came that TMPA offered up a project and the City formally declined the project. Then the window opens up for considering a!1 other alternatives available to address the City's own power needs. Council Member Brock asked if this was more of a legal technicality. City Manager Harrell stated it was more than a legal technicality. In all the legal opinions the City had, until a project was declared, the City was bound solid. As Mr. Harpool alluded to, there may be some other legal way to free up the cities to look at options besides TMPA declaring a project but the City's representatives had not been able to find that up to this point. He said both Mr. Harpool and Mr. Giese had pledged to work very hard to give the City that flexibility. Mr. Harpool said he and the other representatives were quite aware of the City's need to have raore say on the future of it's electrical set up and they would certainly work towards that goal. Council Member Chew stated that the Council should let TMPA kncw that it really wanted to push to get that project on board. The Council needed to back the City Manager in that effort. 3. The Council discussed and gave staff direction regarding Council attendance at the UNT and TWU of Regents meetings. Mayor Pro Tem Brock stated that there had been previous discussions on this issue. she agreed with comments that a good relationship existed with the two universities and did not wish to propose A anything adversarial. The purpose for the discussion was to move the city in the direction of working together with the universities and making everyone aware of what the other was doing. As an example, at the Visioning Cabinet meeting the two universities and the North Central Texas College made presentations concerning their long range master plans and how those master plans affected a number of things relating to the City's planning, if the ® universitiesi were planning to acquire certain properties, fl realignment of certain streets, or any expansion would be affected. Through the visioning project the City had moved in the direction of working together as a community, with the universities being a major and consciously active part of the community. She said a closer relationship was needed. Having that kind of information fl fl • 0 AgandaNlo City of Denton city council Minutes q November 1, 1994 gond 1t0m__.~c--•-••- Page 7 _.1•.~1..-_.9 5_. 7q67 and letting the universities know what the CityFs long range plans would certainly help tremendously, Regular attendance at the Regents meeting would be a step in that direction. Those meetings would be open to the public and everyone would be able to come. Nonetheless the Council could inform the Regents ahead of time of who would be attending specific meetings. Council Member Perry stated that one of the things that underscored how well things were working was that the City had access to information as needed on a wide scale. Perry statel that he saw no real necessity in havinc a member of the Counuil meet with the Hoards of Regents. council Member Miller dialogue with the administration of the two first uni ersities council seeeif they felt it was a good idea based on the reasons Mayor Pro Tom Brock stated. Secondly, Miller stated the City would be meeting with the Board from those universities that come from across the State of Texas and may not know Denton. It would give the Regents an opportunity to know the Council and have a dialogue with them. Miller suggested that was just one more step in improving the existing relationship with the universities. Mayor Castleberry commented that he did not feel the City needed to have someone there on a regular basis but perhaps a Council Member might like to attend and would attend with prior notification of the respective president and chancellor. Council Member Chew asked if meetings vire open to the public. Mayor Castleberry responded yes that were open to the public like the Councills. Mayor Pro Tem Brock motioned to setup a more formal relationship with regular attendance at Regents Meetings. Council Member Miller soconded the motion and included that the Council coordinate with Y the administration of the two universities, On roll vote Council Member Cott "aye", Mayor Pro Tem Brock "aye", Miller "aye", Mayor "nay", Perry "nay", and Chew "nay". Mayor Castleberry indicated that because if the 3-3 tie vote, the item would be readdressed at the next meeting. eron ca S. Og esby Bob Castle erry, Mayor _ Deputy City Secretary City of Denton, Texas City of Denton, Texas 0 , • • City of Denton City ~:;ouncil Minutes ~oatlaNo ~Q3 November 1, 1994 A(I( ~tlilpfR,__~j~ oZ Page 8 67 The Council convened into a Regular Meeting on Tuesday, November 1, 1994 at 7:00 p.m, in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, and Miller. ABSENT: Council Member Smith 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 September 6, 1994 City Council meeting. Perry motioned, Chew seconded to a On roll vote, Brock "aye", Cott "ayeove the minutes. presented. Miler P erry o"aye", and Mayor Castleberry "aye", ayMotioneWcarried unanimly. The Council considered Item #10. 10, New Business Loyce Wilson, Parks and Recreation Board, stated that the 1 had been raised to construction of the cEurekal onstruct playgeround was going well The money encouraged everyone to attend the construction site . and help with project as th the building of the playground, The Mayor presented a proclamation for Denton Main Street. 3. The Council considered an exception to the noise ordinance for the Capracho Show at the North Texas Fairgrounds on November 19, 1994 from 8;00 p.m. - 1:00 a.m. Veronica Oglesby, Administrative Assistant, stated that the request was for a show at the Fairgrounds or. November 19 1994 from 8:00 p.m. to 1:00 a.m. The City's noise ordinance required an exception for the use of loudspeakers after 10:00 p.m. Mayor Pro Tem Brock stated that the performance was inside the exhibit hall. Oglesby replied correct. 1 i • 0 s; • a City of Denton City Council Minutes November 1, 1994 Page 9 qc~ 67 I Council Member Perry asked if the a.m. at the Fairgrounds, group had been operating until 1 I Oglesby replied that in the past, they had been operating until that hour. The group was here at the request of the Denton police officers as they had received calls from the neighbors regarding noise The officers suggested that the group receive the exception. Council Member Perry felt that this request was for a very late hour and urged the Council to disallow the late hour. If this ghirouspwouldwas msit uation groups the miht follow Fairgrounds, and Perry motioned, chew seconded to restrict the time exception to midnight. Council Member Chew asked if this was a once a month event. Oglesby stated that in the past these functions month. had been once a Council Member Miller asked if there would be sufficient time for the event if the exception were only until midnight. Oglesby replied that the 1:00 a.m, time frame was used because in the past people did not arrive until 9:00 p.m. or 30:00 p.m. and in order to have the people get their money's worth, the event went until 1;00 a.m. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I 4, The Council held a public hearing and considered adoption of an ordinance rezoning a .3903 acre tract from a general retail (GR) J district to commercial-conditioned (C[c)). The site was located on the south side of University Drive, approximately 480 feet east of a Primrosa street at 1801 W. University Drive, zoning commission recommended approval 4-0.) Owen Yost, Urban Planner, stated that the request, from Glenn's I Pawn Shop, involved .3903 acres located at 1801 W. University Drive. The conditions on the request, In addition to the request for commercial zoning, would limit the commercial zoning by a height of llowing only a pawn shop and general retail uses plus limit the • build vacant andtthe former stories. The building allocated' Th Plannig nand zoning commission recommended a 4 the height of the building to twoo stories and 1 genea limiting general retail w 0 • • Or ,@ a No City of Denton city council Minutes '~9`"If'd1t0A7 a-2 November. 1, 1994 Page 10 p rn 7 uses and a pawn shop use allowed for commercial zoning. The Mayor opened the public hearing. Mike Whitten stated that he re resented the owners of the pawn shop had operated a business on6theiSquare until the recent fire on the Square. This location was suitable for the business. in addition to the pawn business, there was also a music business associated with the shop. The nature of the business was no different than any other general retail outlet except for the pawn shop business. The pawn shop was a v,.ry highly regulated business by State law. The only criticism he had seen regarding the proposal dealt with a misconuept;an of the business. The business was a very well managed business and there was no associated crime with the businens. He asked for council approval of this request. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 94-198 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM GENERAL RETAIL (GR) TO COMMERCIAL - CONDITIONED (C(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR f PROPERTY LOCATED AT 18U1 WEST UNIVERSITY DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Chew seconded to adopt the ordinance. On rill vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. • 5. Consent Agenda Perry motioned, Brock seconded to approve the Consent Agenda as presented. On roll. vote, Brock "aye", Cott "aye", Miller "ayeu, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ® A. Bids and Purchase Orders: • • 1. Change Order - P.O. ,40402 - Steele and Freeman - DMC Renovation i. C~ ! R^daNo 003 City of Denton City Council Minutes ,.~?mY^~ 'l November 1, 1994 G2f_ Page 11 ~ A- q5 YId~6~ B. Contracts 1. Professional Services Contract - Alan Plummer 6. Ordinances Council considered the Consent Agenda ordinances A. - B. Chew motioned, Perry seconded to adopt ordinances A - B. on roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. A. NO. 94-199 f AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND STEELE FREEMAN; PROVIDING FOR A DECREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. (5.A.1.) S. NO. 94-200 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, dPPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES TO PROVIDE PROFESSIONAL SERVICES REQUIRED TO OBTAIN AN AMENDMENT TO THE CITY'S WASTEWATER DISCHARGE PERMIT FROM THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE. (5.B.1.) C. The Council considered adoption of an ordinance adopting new prevailing wage rates for public works construction work for use in the solicitation and awarding of contracts for public works projects in the City of Denton; providing for a repaal of any ordinance ! provision, in conflict therewith; and providing for a severability f Rick Svehla, Deputy City Manager, stated that this ordinance was a j requirement of State law. Staff had surveyed the City's work force 1 and provided that information to Council. In the past the Fort E 1 worth/Dallas area had been used, The law now indicated that that could no longer be done and in this case, the prices would be at or lower than area cities. 6 ! ~ The following ordinance was considered: ! o f 0 1 City of Denton City Council Minut'Mrir;aNo.... November 1, 1994 ` k Page 12 ~i- NO. 94-201 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOFTING NEW PREVAILING WAGE RATES FOR PUBLIC WORKS CONSTRUCTION WORK FOR USE IN THE SOLICITATION AND AWARDING OF CONTRACTS FOR PUBLIC WORKS PROTECTS IN THE CITY OF DENTON; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Chew seconded to adopt the ordinance. On roll vote Brock "ayes', Cott "aye", Miller "aye", Chew "aye", Perry "eye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered certain sixteen foot wide sanitary sewer easement, ordinance ion the south side of McKinney Street (F.M.426) approximately 920 feet east of Glen Gary Way, measured along the frontage of McKinney street, and i"oceeding southwesterly, as recorded in Volume 695, page 350 of the deed records of Denton County, Texas. (The Planning and Zoning Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was a request from the developer to eliminate this easement. The Development Review Committee and staff had looked at the request and felt that there was no need for this easement as the sewer line was in a different location. The following ordinance was considered; NO. 94-202 AN ORDINANCE VACATING A CERTAIN SIXTEEN FOOT WIDE SANITARY ` SEWER EASEMENT, BEGINNING ON THE SOUTH SIDE OF MCKINNEY STREET J (F.M. 426) AT-PROXIMATELY 920 FEET EAST OF GLENGARY WAY, MEASURED ALONG THE FRONTAGE OF MCKINNEY STREET, AND PROCEEDING SOUTHWESTERLY, AS RECORDED IN VOLUME 695, PAGE 350 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN 4! EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll voteBrock "aye", Cott "aye", Miller "aye", Chew "ayell, Perry "aye", and Mayor Castleberry 10aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving O • ® the 1994 tax rolls, Kathy DuBose, Executive Director for Finance, stated that the ordinance would approve the tax roll for 1994. This approval was • • .fmdaNo City of Denton city council minutes _fl _ C 3 November 1, 1994 Page 13 3~6 an annual process required by the Texas Property Tax Board. It was anticipated that 97.5% of this account would be collected. The following ordinance was considered: NO. 94-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1994 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chow "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the-Denton Housing Authority. Barbara Ross, Community Development Administrator, stated that this ordinance approved a contract with the Denton Housing Authority for the use of $100,000 of CDBG funds to rehabilitate the Crawford Building. The project was currently out for bid and would close next week. i i Mayor Pro Tam Brock asked about the possibility of having a location in the building for social service agencies such as the Community Food Bank. Ross replied that the Interfaith Ministries might move into the building. Marion Hamilton stated that it was projected that the Food Bank, Clothing Room and HOPE or other agencies would, have office space in the building. The basic electrical and plumbing needs would be provided and the agencies would divide the mpace as needed. An outside door would be installed so that individuals could use those • offices without having to go through the hotel. This area would be adjacent to the area which would house a branch of the TWU CARES Clinic. Mayor Pro Tam Brock asked there would be enough space for the Food Bank to have their food stacked there. • Hamilton replied yes. • Council Member Cott asked if the funds now being received were enough for the 20 years of the building for repair, etc. He was also concerned about people on the street in lines waiting to get Q 0 • ra • City of Denton city council minutes Novemb?r 1, 1994 Page 14 A~Ondn NO Apopda!tarq,L,L,a'_ into CARES. He was concerned that Locust StreLet,was an en rune tob7 09 Denton and it should watched what happened on that street. Hamilton stated that they were currently in negotiations to purchase the land behind the building for additional parking space. There was no anticipation of long lines and there was adequate waiting space in the building. The entrance on Locust street would be very attractive and included a park-like area. The project had taken a long time to start because low income housing tax credits had been applied for from the State of Texas. Those credits had been granted and would guarantee funds for the futuro maintenance of the building. Council Member Cott expressed a concern that 15 years down the road the building would look bad and there would be no money to fix the problems. Hamilton asked Council Membe-• Cott if he was familiar with other such locations, Council Member Cott replied yes but that they were not on Locust Street. Hamilton stated that the current locations were very attractive and the apartments were kept in good condition. The philosophy was to keep the buildings in good condition and to not allow them to deteriorate. Council Member Cott asked when it would be known when there was not going to be money to keep up the building. Ross replied that in order to get funding, maintenance costs had to be included and were quite detailed from the Savings and Loan which granted the funds. council Member Chew stated that Ms. Hamilton had done an excellent job managing all of the properties within the city. The following ordinance was considered: NO. 94-204 A CITY N ORDINANCE OF THE CITY OF DENTON$ TEXAS, AUTHORIZING THE • DENTONMANANDR D ENEXECUTE AN H USING AGREEMENT AUTHORITY BETWEEN AUTHORIZINGCITY THE EXPENDITURE OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance, • c, • City of Denton City Council Minutes November 1, 1994 Page 15 C 'ii f+ r sa~ Council Member Perry indicated that the First United Methodist Church, which was across the street from the project, had operated a Mana program and there never was a problem with any disturbance of the church functions, Council Member Miller stated that the current site was vacant and the proposed project would be a great improvement to the site, Council Member Cott stated that the City had a habit of rescuing these types of projects with general fund dollars and he did not think that general fund dollars should be spent in such a manner. Hamilton stated that the City never rescued the Housing Authority properties with any general fund money, Mayor Castleberry expressed his appreciation to the Denton Housing Authority for the project which was needed in Dtaton, On r l' aY ote and Mayor Brock "aye", be nay", Miller "aye,,, Chew "aye", Perry 1 vote. Y "aye". Motion carried with a 5- G• The council considered adoption of an ordinance approving a contract providing for the exchange of certain real property owned by the City of Denton and Terrano Realty, Inc; and providing for the repeal of ordinance No. 94-196, City Manager Harrell stated that this ordinance was a technical correction to a ~ correction exchange. previously approved ordinance authorizing a land There was an error in the heading of the ordinance and this corrected that heading. The following ordinance was considered; NO. 94-205 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APFIOVING A • CONTRACT PROVIDING FOR THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY THE CITY OF DENTON AND TERRANO REALTY, INC; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 94-196; AND PROVIDING FOR AN EFFECTIVE DATE, Brack motioned, (,hew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aya", Miller "aye", Chew "aye',, Perry "aye" • Mayor Castleberry 'aye11, Motion carried unanimously. and • • 4 • Gs • r City of Denton City Council Minutes November 1, 1994 a' Page 16 N01I1131Vp` CJ c; 7. Vision Update Mayor Pro Ter. Brock stated that the Cabinet originally wanted representatives from UNT, TWU and North Central Texas College to attend the Vision retreat. Upon review, it was decided that it would be better to get this information from the other entities ahead of time in order to evaluate that information at the retreat. They had had a good meeting regarding issues relative to those entities. They had received a clear idea on the direction of those three entities. 8. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following information: A. Reminder of the field trip to UNT to view the Internet system. The presentation would be given in the Board Room of the UNT Administration Building. B. A challenge to the students in the audience to help with the Eurekal playground project, 9. There was no official action taken on Closed Meeting items discussed during the work session closed Meeting. 10. New Business This item was considered earlier in the meeting. 11. The Council reconvened in a Closed M,ehing at 7:55 p.m. to discuss the following itemsr A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action in City v. ~7urest and A (MLK Center) • 2. Considered settlement offer relating to Tina Jackson claim. j 3. Considered settlement offer for claims o: Frederick James Johnson, Sr, and Arron T. McCoy, st al. S. Real Esta'_e Under TEX. GOVT CODE Sec. 551.072 • • • r C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 • Q r R NondaNo City Of D1, 1994 city council minutes Agondaltau, LIJ November - Page 17 wle I - 1:r1- 9 5 17467 With no further b,isiness, the meeting aas adjourned. JENNIFER WATERS BOB CASTLEBERRY, YOR CITY SECRETARY N CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS AC000223 'II f • G~ • CITY OF DENTON CITY COUNCIL MINUTES f~{ November 8, 1994 - o The Council convened into a Closed Meeting on Tuesday, November 8, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry and Miller ABSENT: Council Members Smith and Cott. 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Received a report, held a discussion, and gave staff direction relating to the audit of GTE's franchise fee payments. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into the Work Session on Tuesday November 8, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Perry, and Miller ABSENT: Council Members Smith and Cott. 1. The Council received a report, held a discussion, and gave staff direction regarding a proposed road hump policy. Jerry Clark, City Engineer, presented the basics of the speed hump policy. He stated that the speed humps were not like the ones in shopping center parking lots. These were 12 feet wide and 3 inches high. Clark said Council may remember the characteristics of speed humps from the test site visited during the CIP tour. The proposed 1 policy was based on the City of Dallas's policy. Clark said Staff • investigated other alternatives of enforcing speeding through residential neighborhoods including traffic circles and putting stop signs at every intersection but in most cases they were not totally effective. The speed hump concept was first presented in October of 1993 and at that time Council directed Staff to install a test site. The sight chosen was in tae North Lakes neighborhood on Parkside ana Bowling Green. The test was conducted from late • January of 1994 through early October of 1994. Originally • • scheduled to and in the summer, the policy was extended through the summer to get the full effects of the traffic from the ball fields at North Lakes. During the test period the speed limit was changed to 30 mph. The most recent poll of the neighborhood indicated • 0 • • U City of Renton city council Minutes A{J3ndaft__ c~, Q~-- November 8, 1994 Qr~~pl? !1pr71 Page 2 r><tte_1 .1~_. 19q 7 approximately 81% neighborhood approval with 52 in favor, 8 opposed, 4 vacant, and 1 uncommitted. The proposed policy outlined what a speed hump was, showed exactly how to apply for a speed hump, how to rate multiple requests and establish priorities. Clark mentioned other issues associated with speed humps including liability protection, stripping, signing, warnings, and maintenance. tie said speed humps cost approximately $1,000. Because there were no budgeted funds for installation, Clark said funding by the City would come from the Street Maintenance budget. Traffic Safety recommended the funding mechanism adopted by the City of Dallas which considered 35 mph to be a reasonable speed, The funding structure outlined the percentage of installation costs to be paid by the resident and the City. Basically, the closer the average speed to 40 mph the more the City would fund. The exception was that speed humps in neighborhoods located within the CDBG target area would be fully funU9d by the City. Based on the CDBG target area map approximately 2/3's of the City was located within the target area. Staff recommended that Council establish a maximum budget of $15,000 through the Street Maintenance funds. Afterwards, if Council elected to proceed with speed hump installation Staff would recommend ostablishing a budget item of approximately $15,000 - $20,000 to install speed humps on residential streets only, Council Member Perry thought that was something the Council should do especially in view of the overwhelming p3sitive response by the neighborhood. He said when driving through, you can see that the speed humps were not like those used in parking lots. They were nice but they would slow you down, Mayor Pro Tem Brock said as she understood the speed hump policy traffic volumes must be more than 500 vehicles per day but less than 8,000 per day. Brock asked what the average traffic count was for a residential street. Cla0 replied that counts generally ranged from 600 to 1,500. • Brock asked if the main purpose of the test humps had been to encourage people to use collectors and arterials rather than f residential streets for through traffic. Clark responded yes, He said the speed humps physically forces the vehicle to slow down rather than having some sort of police d enforcement. That usually diverts some traffic from residential • h streets. Miller asked if that was all on streets with a 30 mph speed limit. i I~ • r of) da No City of Denton City Council 1-inutes November B, 1994 lq n~f11t0m,, 4ab Page 0 -1- f~_ Zo q Clark responded yes, all residential streets except for those affected by schools had a thirty mph speed limit. Miller asked where the data regarding the percentage of traffic traveling at certain speeds came from. Clark indicated that the Traffic Department Staff conducted the labor intensive studies using a radar gun. Because they were so intensive, studies were only done when the request would actually seek to meet warrants, Miller asked if a neighborhood would know when the request was made i if they would have to participate in the cost. Clark responded that they would not know unless they were in the CDBG Target Area, The neighborhood would not be asked to pay for anything until they had an opportunity to evaluate the results of the study and let staff know if they still wanted to proceed, Miller asked if his neighborhood wanted to have speed humps installed, am' h,,J an averag, speed of 95 mph, would they have to pay 100% of the cost. Also how would the neighborhood determine who should participate in the -lost of the humps and how many should be installed. Clark stated that the neighborhood would have to raise the money and it would be at the neighborhood's discretion who would participate, The policy stated that sixty-seven percent (67%) approval of the neighborhood was needed before they would be allowed to participate in the process. j Miller asked how the sample was determined and how man I y people or blocks would be included in the sample. Clark stated that a minimum of one bloc,, was needed, The humps needed to be spaced a ree,sonable distance from the intersection but • could be done as close as a couple hundred feet, Miller said he could see this working where tiiv city funded the installation but had a difficult time seeing how this would work in the areas where the neighbors would be asked to pay for the humps, He asked if Staff had checked with Dallas and the other cities to see if they were actually collecting money from the neighborhoods. Clark replied • • yes, but in most cases the neighborhoods were a little more affluent, staff had asked neighborhoods to participate in curb and gutter. In the past that had been difficult so there was a good chance that it may be difficult for the neighborhoods to • 0 • ca • City of Denton city council minutes a~CmfpNo.~... November. 8, 2994 Page 4 raise money. Miller stated that he remembered prior to his coming on council a sidewalk issue and what happened there. He was in agreement with the general principal especially if it was a neighborhood where the people wanted It, Clark mentioned that the Traffic Safety Commissicn got into significant discussion on the issue of the neighborhoods paying for the humps but concluded that the policy was the best place to start. The policy could be modified later if Council desired. Chew asked Clark to explain the liability associated with the speed humps. I Clark deferred to the Acting City Attorney, Mike Bucek, for a response. Bucek stated that any time the City did anything in the roadway that made it abnormal, appropriate signage needed to be provided. If not there may very well be some exposure for putting an obstruction in the street. He said the city could have obstructions as long as ;i-.izens were warned of them, J Chew asked if the City would be exposing itself if the maintenance i and upkeep was not done adequately. Bucek said that once the City was on notice that the warning sign was down then it had to be replaced. There needed to be a general maintenance schedule. Brock asked if the owners of a certain percentage of property needed to be just along that street. Clark responded that the petition needed to be signed by 2/3's of the residents in the petition area. • Brock asked what the petition area was. Clark stated that the petition area for the test humps included Par.kside, North Lakes, and Bowling Green. He suggested that people who would not logically use the streets should not be included. • Council Member Jerry Cott joined the meeting at 6:25 p,m. • O Brock said she. thought about the arei where she lived and said that Highland Park Road or Willowwood would probably not be eligii)le. She said speeding was a problem on those streets and she had called • 0 • ca • City of Denton City Council Minutes ?;;;"gyp -,,._vs1 November 8, 1994 rr>` ~y L[I Page 5 z2o~ 67 about that because it was dangerous especially to children trying to get to school. Clark stated that Highland Park Road was a collector and Willowwood was a secondary arterial. Miller suggested that reports be made to the City Council and the Traffic Safety Commission as a part of the reassessment process since a policy decision was being made. Clark stated that one of the reasons the reassessment was included in the policy was that some residents did not like the signage so 1 close to their residences. Perry motioned, Brock s,;,,onded to move ahead with the speed hump policy and bring an ordinance back to the Council, on ro'l vote, Cott "nay", Brock "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "nay". Motioned carried with a 4-2 vote. 2. The Council received a report, held a discussion, and gave Staff direction regarding the selection of a City Attorney. Tom Klinck,, Director of Human Resources, stated that the purpose of the presentation was to assist the Council with the recruitment and selection of a City Attorney. He discussed recruitment which included - job description, job opportunity announcement; the ad copy and sources for advertising the position; screening recommendations; and asked for Council's direction on how Staff should proceed. Klinck stated that Debra Rose, Personnel Generalist, assisted in updating the job description and job opportunity announcement. Staff recommended advertising in the Texas Bar Journal, Texas Lawyer, and Texas Town and City, Staff also recommended that the ads be placed in the December 1994 issues with a closing date of January 15, 1995, The advertising copy provided in the Council's backup material left the position open until filled but Klinck suggested Staff could better manage the number of applicants with a deadline. He said Council could extend the deadline to a later date if desired, Staff recommended an initial paper screen of minimum qualifications, experience, and the applicants presentation on paper to narrow the pool to 20-30 applicants. The secondary screen would consist of a telephone interview or a written questionnaire which would be used to develop ® f a semi-finalist pool of 10 to 20 candidates. With the semi- 0 0 finalists, a telephone screen of references would be used to J determine a finalists pool. of 10 candidates for council consideration. Staff recommended that either the full Council or a Council committee conduct the interviews with Human Resource Staff assistance to screen the finalists. He stated that Staff had ~ 0 • w • r~andaNo_C - OCR-3 i City of Denton City Council Minutest ^1 (~l November B, 1994 Page 6 Zv eq - also made a request for limited legal assistance to review the technical competence of the applicants, to draft a release of information for Staff to check references, to draft an employment contract between the City Attorney and the Council, and for other minor legal issues that would arise during the procefas. Staff asked that Council provide direction regarding the screening process and limited legal assistance if they were comfortable with the updated job description, job opportunity announcement, advertising copy, sources, and the January 15, 1995 closing date. Council Member Perry asked Klinck to further explain the meaning of "senior management experience" referenced in the job opportunity announcement. Klinck stated that the position served on the Executive Commit:ee with the City Manager, Executive Directors, and other Staff members that set broad policies, strategic. issues, and made recommendations to the Council. A person with senior management experience would have managed a large budget and outside legal assistance. Staff recommended that Council look at candidates that had experience doing those things in a city similar to Denton's size or that served second in command or candidates from a smaller city that had been at a higher level in managing large resources, hiring, disciplining, and managing the staff of technical employees and oth.ra. Chow :nought an employment eontrac': always existed and expressed concern with bringing in a legal assistant to draft a contract the City alrea0v had. He asked what the legal assistant would be doing. Klinck stated that the contract with Mrs. Drayovitch was drafted in the early 1920's and many changes had occurred since that time. ` The legal assistant would also assist with assessing the legal competence of the candidates. Klinck said he was not in a position w • to assess the technical competence of an attorney. City Manager Harrell added that the Council was in an unusual position when trying to execute an employment contract with someone that would head up the Legal Staff because normally the City Attorney's office prepared the legal contract that would be recommended to the Council for execution. The situation before the S Council was that the city Attorney's office Staff would report to • • the person the. Council would be negotiating with. Staff recommended an arms length relationship with the City Attorney's office in drafting the employment agreement that would be recommended to the Council. He stated that was why Klinck suggested that Betty Springer play that role for the Council. • p . • er • City of Denton City Council Minutes Jr~rlf~~+p November 8, 1994 Page 7 J 6o+r3f1 Cott agreed with Harrell and suggested that the nuances of change in a very technical profession was something the Council could not afford to get behind on. He suggested that the Council use the legal assistance. Perry stated he would feel comfortable if the technical assistance was used to assist with the writing of the employment contract and not technical competencies. He asked that the term technical competencies be spelled out more clearly. Perry also expressed a concern with the term senior management staff. He asked that this term be clarified as well. Klinck responded that maybe technical competencies was not the best term but it would in some way help Staff and Council look at the applicants and screen them down to the finalist pool. He also stated that if Council was in agreement with obtaining information from references as a screening mechanism, Staff wanted to have the applicant release information so Staff would be able to talk freely with their previous employers and the other people the applicant provided as references. He said if his Staff was ca!.led, for example, for a reference on an employee they had to basically say yes or no to whether they were employed with the City, the dates, salary, and their promotional history due to people's tendency to sue. Miller said it would be helpful to have an attorney's assistance to asses the legal experience of the applicant especially since the applicant pool would contain people with at least five years experience in city government, He said the 'legal assistance would be invaluable to get that kind of input over and beyond looking at the employment contract and other technical aspects of employment. Klinck responded that another technical point to consider was that Denton owned its electric utility unlike many other cities. He said it would be important to assess the candidate's ability to look at the legal aspects of operating that electric utility. Cott responded to Council Member Perry that the approach to quality used by every factory in the community in the early 198Vs had become obsclate. He said they all used the third generation approach to quality. Council •ould want to know that the attorney had the third generation tectaiques. 0 • 0 Brock commented that Council could use Ms. Springer's assistance to review technical competence because resume writing had developed to a new art. she said Council needed someone knowledgeable in the field to assist Council. in evaluating all of the applicants. • a • p • _ t City of Denton City Council Minutes ~1~13A(l~M110,____..g5 Q3 November 8, 1994 Aq, c,,i:fom,466 , - Page 6 rbte_..1_ _1.7_.. Z67 S Mayor Castleberry said the decision to use the Council full Council or a inthemotion tase wefor ll as the ening roces to included the ot on. her issuessStaffeneedededirection Klinck agreed and added that if Council could include in the motion the updated job description, job opportunity announcement, advertising copy and sources, and January 15 closing date. Mayor Castleberry asked if Staff would be able to meet the December submission deadline if Council moved to go forward. Klinck commented that December 15 was the deadline and Staff Wes able to meet that time frame, Cott asked if Council was going to hire the consultant, Mayor Castleberry said the legal assistance would be used to determine legal qualifications of the applirunt. Klinck said the primary responsibility would rest with him and his Staff to screen the applicants down to 20-30 to be reviewed by the full Council or a Council sub-committee. He said Staff would provide Council a list of applicants that had been screened and the reasons why along with the list of 20-30 recommended applicants. Miller asked what kind of time frame Staff was looking at to have the pool of applicants screened down to 20-30 with the January 15 closing deadline. Cott asked if any Legal Department Staff would be involved in the screening process. Klinck recommended that the Legal Department Staff not be involved in the selections process. • Brock recommended that Council postpone the decision to look at the list of semi-finalists as a full Council or Council sub-committee. Miller motioned to direct staff to proceed with the process, including the job description, the posting, advertising copy and sources `-)r December placement, utilizing legal assistants needed. He also recommended that Council decide in January how they wanted to process the applications. Chew seconded the motion. • • • Brock wanted to be sure that the me )n would allow Council to cal). on Mrs. Springer's assistance w,Li• any part of the screening process. O 0 • • City of Denton City Council Minutes November 8, 1994 Page 9 ~ A6 c~ 7 Miller said the motion was meant to include that. Perry asked that Staff spell out what was meant by senior management experience and ascertaining legal, competence. Miller amended his motion to include in the advertising copy and job opportunity announcement a minimum of 3 years experience as city attorney or assistant city attorney. Chew seconded the i amendment. On roll vote, Cott "nay", Brock "aye", Miller "aye", Castleberry "aye", Perry "aye", Chew "aye". Motion carried with a 5-1 vote. 3. The Council received a report, held a discussion, and gave Staff direction reyarding the re-write of the zoning ordinance. City Manager Harrell mentioned that Council had been briefed in the past regarding the proposed re-write of the zoning ordinance. In last year's budget Council included funds to obtain legal assistance to put the ordinance in appropriate legal form and to examine recommendations made by the Council's Zoning Task Force and Planning and Zoning Commission. Harrell stated that council asked for a final general briefing regarding the rewrite of the ordinance to make sure there was complete understanding prior to the time outside counsel was engaged. Frank Robbins, Executive Director for Planning and Development, indicated that he would review briefly how Staff developed the rewrite and would give the Council an opportunity to ask questions. First, Robbins said the City needed to have a more outstanding product. He presented a list of approximately 10 reasons why the ordinance should be rewritten. The list included removing weak, outdated standards in the districts that allowed for incompatible land uses, difficulty dealing with the edge between different types of land uses; make the ordinance more user friendly; remove provisions that were no longer usable; and update the table of permitted uses. Robbins said there was no direct relationship between what was in the standards of the ordinance and the policies of the Development Plan. Staff had done a number of piece-meal amendments to that affect. The Planning and Zoning commission made a recommendation to Council in May of 1994 to no longer do piece- meal amendments but to fund legal assistance to assist with the rewrite of the ordinance. Robbins also presented a list of the 13 e member Zoning Ordinance Task Force that worked approximately 3 0 0 times each month for 2 112 years. He suggested that the Task Force's recommendation would probably represent a consensus within f the community. Robbins briefly reviewed the Zoning Ordinance Task Force process which was to try and understand zoning and to go through the entire list of ways to deal with land use issues. The • • t IN, 0 City of Denton City council minutes November 8, 1994 (l,i q.5 Page 10 ;k 7,11 7 Task Force defined the various standards, processes, and format problems and analyzed each solution using approximately 50 zoning cases. The Task Force came forth with a recommendation that received the Texas Chapter of the American Planning Association award. He said since 1989 there had been a number of piece-meal amendments. The last one was to reorganize the Board of Adjustment section in the ordinance that dealt with variance and appeal and the Airport Zoning. Cott motioned, Brock seconded to move forward with the rewrite. Miller asked if the motion involved the $25,000 investment for legal assisttAnce. Mayor Castleberry said legal assistance was included. On roll vote, Cott "aye", Brock "aye", Miller "aye", Mayor. Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimously. 4. The Council held a discussion and gave Staff direction regarding City Council agenda preparation. i City Manager Harrell presented the procedure used by Staff to I prepare the City Council agenda. He said by 12:00 noon Monday, 8 days prior to a City Council meeting, all Department Heads must subm!t agenda items to the City Secretary. Those requests must include the exact wording as suggested to appear on the agenda, any board review and recommendations. The City Secretary also included tabled or carried over items requiring Council action. On Tuesday at 9:00 a.m., 7 days prior to the meeting, the Executive Staff discussed back-up needs, reviewed the draft agenda and scheduled items for future agendas. Harrell stated that Wednesday at 5:00 p.m. was the deadline for citizens to place items on the agenda and for Staff to turn in back-up materials to the City Secretary. On Thursday at 9 a.m, the Council appointed Agenda Committee, consisting of Mayor Castleberry , Council Member Perry, and the City Manager met to review and check off on the tentative agenda. On Friday, by 5:00 p.m, the agenda was posted to meet the 72 hour posting notice required by the Open Meetings Law. Staff also distributed back up material to the council. The following Tuesday, day of the Council meeting, the Executive Staff conducted the final review of the agenda, clarified who would present the agenda item and discussed any fee-back received regarding the • • agenda. Brock commented that she thought the item was in response to her question regarding how things got on the agenda. She mentioned • O s Q ord~No . Qi_ DD City of Denton City Council Minutes November S, 1994 :2Sd 6 7 Page 11. that after some months things she had requested seemed to have dropped into a black hole. At one point she passed out a sheet listing 6 items so that everyone would remember. She said she had been concerned and still was concerned about the process even though the Manager's discussion was very enlightening. Brock asked to have the procedure written so the Council would know the procedure. She wanted to be sure that a lot of what the Council came from Council initiative. She was also concerned about the possibility that the Agenda Committee was a screening committee determining what topics would and would not be discussed. If that were indeed true she thought that more Council representation or frequently rotating Council representation on the Agenda Committee was needed. She was still not sure exactly what authority the Agenda Committee had. Brock asked if the Agenda Committee determined whether something made it on the Council agenda. Mayor Castleberry responded that any item a Council Member requested would be brought back to Council on the agenda. He said if an item fell out of place that would be most unusual but that would mean it had been inadvertently missed. Mayor said the Agenda Committee did not in any way manipulate the agenda. Depending on the number of items on the agenda, council requests may be brought back the next week or the next month. He suggested to Mayor Pro Tem Brock if she had a question regarding a particular item that had not yet come before Council she should mention it. Brock commented that she had received some responses to the six items. Not all had appeared on the agenda but she has dealt with them in other ways. Mayor Castleberry asked if there was a particular item that may have been missed. He said the Agenda Committee did follow the rules and was selected by the Council. Brock mentioned that on one Friday at 1:00 p.m. she asked if it was possible to add an item to the agenda and the City Manager discouraged her from doing that because the Agenda Committee would probably not be favorable towards that. Harrell stated that the rules adopted by the Council said an emergency item requested by a Council Member, after the Agenda Committee had met, needed to be approved by the 2 Agenda Committee members needed to agree. He said in the particular instance Mayor Pro Tem Brock referred to he simply offered an opinion that he did • not feel from past conversations that either the Mayor or Council Member Perry would be inclined to include that item on the next agenda. He said he was certainly not trying to impose that decision upon Mayor Pro Tem Brock but simply offered an opinion. • sy • ~aondaNo ~1~41: ~IiIVlll ~ 1 City of Denton City Council Minutes November 8, 1994 Page 12 According to council rules, if two Council Members on the Agenda Committee would have agreed, the item would have appt-tred on the next agenda. Harrell said he followed the provision for an emergency council item and needed to know if the Council wanted to have that provision changed. Brock said that procedure was indeed on page 7 of thi Council's order of business set. Mayor Castleberry invited anyone to attend the Agenda Committee meeting at 9:00 a.m. Thursday mornings. Brock asked if the Agenda committee meeting was open to the public. Acting City Attorney Bucek responded that the meeting had not been opened in the past but the council could certainly adopt a rule to allow that. He said the concept behind the meeting was for the City Manager to share with the Committee the draft agenda. He said Staff would certainly research the issue at council's request but suggested that for management reasons that might be inappropriate. Mayor Castleberry again stated that any Council Member could attend the meetings. He said the Council unanimously appointed the Agenda Committee and they were doing their job. He thought it was very important that Mayor Pro Tem Brock speak up if she felt things were not being handled as they should. Miller suggested that the policy to place an emergency item on the agenda ke brought back for Council to review and consider modification. Chew suggested that the Council first define what was an emergency basis. Miller suggested that the current procedure may be putting too much IJI • power in the hands of the Agenda Committee, He said the advice the city manager gave at the time was probably good advice. However, one Council Member had something that needed to be discussed at the next meeting or Council would not be able to handle the item. He said that would come up especially when Council was looking at budgets. Mayor Castleberry mentioned that Council needed to keep in mind in • addition to the definition of an emergency the time factor for J staff to prepare back-up material for the Council. Perry said that Harrell made it pretty clear that Council was following a time honored process. Perry said he was committed to • a+ • City of Denton City Council Minutes November 8, 1994 Page 13 3O~d7 following the procedure and rules and felt that the Agenda Committee had never violated them. Mayor Castleberry said the Agenda Committee was charged with getting the agenda together in a timely manner. Should there ever be concern in regards to the integrity of the Committee please do not hesitate to ask questions. Mayor Pro Tem Brock wanted to make It perfectly clear that she had no questions with regards to the integrity of the Committee of the carrying out of the process. She wanted the Council to look at the process itself to be sure she understood the role of the Committee. Miller motioned, Brock seconded to bring for Council review and consideration for changes to section G of the Council rules which dealt with placing an emergency item on the agenda. on roll vote, Cott "nay", Brock "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried with a 5-1 vote. 5. The Council held a discussion and gave staff direction regarding Council attendance at the UNT and TWU Board of Regents meetings. Mayor Castleberry mentioned that at the last meeting the item ended in a 3-3 tie vote and the rules of the Council stated that the itom would be included on the next agenda. Perry motioned to suspend rules and postpone action on the iten' until the first meeting the full Council was in attendance. He spoke with Council Member Smith prior to the meeting and she felt optimistic that she would return within a couple of weeks. Miller called for point of order and suggested that the rules provided for bringing the item back until a full Council was present. • Perry realized the item automatically came up until a full Council was present but proposed to suspend the rules and postpone bringing the item back until there was a full council. Mayor Pro Tem Brock felt that not suspending the rules would allow consideration at the earliest time. • • • Cott seconded the motion. On roll vote, Cott "aye", Brock "nay", Miller "nay", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried with a 4-2 vote. 6. The Council considered approval of a resolution recommending • City of Denton city council minutes ~L+.1 November 8, 1994 A41a~rldNo.. Page 14 A { N(Ri - 7 ~ L'ale__1 31J67 that the Denton Main Street Program be entered into the Great American Main Street A;.ards. Jane Biles, Main Street Manager, said the Great American Main Street Award recognized the nation's best community efforta at revitalizing downtowns and neighborhood business districts. She said the award was sponsored by the National Trust Fund for Historic Preservation with the support of Edward D. Jones. The local broker, Abe Naffeus' office, sponsored the entry fee and worked closely with staff in preparing the application. She said the 30 entries receiving the highest scores would be designated as semi-finalists. From that group, 5 finalists would be chosen as winners and announced at the Nationalist Trust for Historic Preservation's National. Town Meeting on Main Street in Little Rock in May of 1995. Biles said the city would receive prior notification If selected as a finalist. A cash award of $5,000 was associated with the finalist status, but Bi.les felt the highway signs that would designate the community as a Great American Main Street Award Winning city was even more important. She said the deadline for submitting the application was the following week. Because of the limited space provided for answers, the process was difficult. A focus group made up of past and present leaders in the Denton revitalization effort reviewed each question avi gave Staff direction on how to respond. The application outlined the history of the program, the five major achievements, economic impact and why Denton should win the award. Also included were 10 slides of the community with descriptions, Council's resolution of support and letters of support from people in the community. She said Denton met all criteria but with that being the inaugural year for the award Staff did not know what the judges would be looking for. Regardless of the outcome, going through the process let her know that Denton was a winner in every way and the community had strongly suppor'ad the downtown. Brock motioned, Chew seconded to approve the resolution. I` • Cott said he had a fear that when all of the activity took place there would be another serious fire. Because of that he would have to vote no. Perry agreed with the phrase that Denton was a winner in every way. The following resolution was considered: • • • NO. R94-069 A RESOLUTION OF THE CITY OF DENTON, TEXAS, RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE ENTERED INTO THE • 0 ~ t+, I J 'i t f 'lit t. i 0 • AgaudaNo W City of Denton city council Minutes November 8, 199c AQOndalfor.1 Pepe 15 a,1t8.___ ---L,7--q5 3zd~67 GREAT AMERICAN MAIN STREET AWARDS. I On roll vote, Cott '1nay", Brock 'faye", Miller 'layefl, Mayor Castleberry "aye'P, Perry "aye", Chew "aye". Motion carried with a 5-1 vote. With no further business, the meeting adjourned at 7:40 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS VERONICA S, OGLESBY DEPUTY CITY SECF.ETARY CITY OF DENTON, TEXAS f AMM00614 • i l}l X71 ~e r~ 7 n P fl 1',7~L i ~]~1~N 4;~4 Y • cn q0 Pio CITY OF DENTON CITY COUNCIL MINUTES 33 ~ `-j November 15, 1994 V The Council convened into the Closed Meeting on Tuesday, November 15, 1994 at 5:15 p.m. in the Civil Defense Room. Present: Mayor Castleberry; Mayor Pro Tom Brock; Council Members Cott, Miller, Perry, an.i Chew. Absent; Council Member Smith 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action regarding the possible default of GTE under the telephone franchise. B. Real Estate --Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments --Under TEX. GOVT CODE Sec. 551.074 The Council convened into Work session on Tuesday, November 15, at 6:00 p.m. in the City Council Chambers. Present: Mayor Castleberry; Mayor Pro Tom Brock; Council Members Cott, Miller, Perry, and Chew. Absent: Council Member Smith 1. The council received a report, held a discussion, and gave Staff direction regarding the nomination of a candidate for possible appointment to the Denton Central Appraisal District's Appraisal Review Board. Kathy Dubose, Executive Director for Finance, said the Appraisal Review Board was responsible for reviewing disputed assessments and attending reappraisal hearings. in the past the City had coordinated efforts with the Denton Independent School District to bring, forth a nomination to the Council. Because of constraints and the time consumpti ro required by the process, the individual 7 the DISD approached was unable to serve. Dubose said a list of the I existing Board Member: ana guidelines fo. board appointments was 1 included in council's backup material. Mayor Pro Tom Brock was not sure of the role of the Council in the mater. Since the DISD did not have a candidate to recommend she wanted to know if the Council would be making a separate • recommendation or if the council's nomination would go back to the • • DISD for consensus. Dubose stated that the nomination would be forwarded directly to the Denton Central Appraisal District. 0 O • Q • r .913- City of Denton City Council Mir-atee ;l^,;,i^trl.-- November 15, 1994 II Page 2 a. a~d,~67 Brock wanted to know if the Councils recommendations would be suggestions to the Board or if they would be actual appointments. She asked who took official action on the nominations. DuBose responded that the Appraisal District was asking for nominations and the Board would make the final decision. Brock wanted to know if the Board would seek nominees through other means if the various governing bodies did not come up with enough nominees. DuBose said she assumed that would be the case but did not know for sure. Brock also asked if the nominees could be reappointed if their terms were expiring. DuBose said from the information provided to Staff, there was no mention of term limitations. Perry asked how many nominations the Council could make. Dubose responded that Council could recommend as many nominees as they wished to fill the four open positions. City Manager Harrell suggested that Council's chance for getting a f nominee selected would argue for one nomination or at most two since the nominations were spread throughout the County. Perry asked if any of the four positions expiring in 1994 were up for reappointment to the Board. DuBose commented that she knew of no term limitations. Brock asked if the Board appointments were paid positions. • DuBose replied yes. The information provided by the Denton Central Appraisal District said Board members received $50.00 minimum for a half day and $12.50 per hour fox, every hour worked after the 1 $50.00 minimum. Maximum pay was capped at $100 00 per day. She said the Board Members could work daily from the time period May through July when they concentrated on the reappraisals. ® Miller asked when the nomination were due. ' • • DuBose responded that they would normally be due in December but the Appraisal District asked for nominations by the 15th of November. 0 0 • I City of Denton City Council Minutes November 15, 1994 luA pL, Page 3 Miller said that normally Council would talk with an individual before their name was nominated. +I Mayor Castleberry indicated that he spoke with Roland Laney, a i former PUB member, who indicated an interest in serving on tru 9 Board. Mayor Castleberry thought he might be a good choice since he was an architect and had knowledge of buildings. Brock motioned, Chew seconded to nominate Roland Laney. On roll vote, Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Perry "aye", Chew "aye". The motion passed unanimously. 2. The Council received an update on the Greenbelt Corridor and a proposal for the development of environmental enhancement projects under the Army Corps of Engineers Section 1135 Program. Howard Martin, Director of Environmental Operations, updated the Council on the Greenbelt Corridor activities that had taken place since the contract was approved in January of 1994. He also discussed possibilities on other programs that would be compatible with the Greenbelt also associated with environmental enhancement projects under the Army Corps of Engineers Section 1135 Program. The final approval on the Greenbelt activities took place in June where the Corps was the last member to sign the contracts. He said since that time the Corps had completed project surveying, initiated land purchases along the Greenbelt area, and was in the development of conceptual plane for Greenbelt facilities. As a result of the public input and pressure from special interest groups the Corps included projects different than Staff originally envisioned. As a result, the Corps revised their cost estimates as well as the original plan for the full scope of the Greenbelt. That resulted in a $13.4 million project instead of the estimated $9.3 million. He said both Dallas and Denton were working with very closely with the corps to bring the project cost in line with • the original cost estimates. Martin said the Council backup material included alternatives the project sponeors felt would maintain the integrity of the project and provided a cost estimate of $9.3 million. Martin said the remaining issues that had not been addressed involved ongoing maintenance of the Greenbelt. He said Council would remember that Texas Parks and Wildlife had indicated an interest in operating and maintaining the facility but over the course of development backed out of the original ® agreement. Martin said Texas Parks and Wildlife was still • • interested but would like the project sponsor to assume the operating and maintenance costs. Martin said Staff would continue to work on the Issue with Texas Parks and Wildlife. • p • c,► • ~uyantla~o City of Denton City Council Minutes gg,rdali8r~ November 15, 1994 Page 4 ik3fe__~^"'" bda~7 Brock noticed that the Corps included alternatives having a 10 feet wide concrete biking trail. She suggested a more natural and less expensive surface the that joggers and other users would find more congenial than the concrete surface. Martin said that was exactly o,ie of the areas Denton and Dallas were trying to compromise. He said both sponsors agreed the original intent was to maintain a rule of character for the area. Martin said the sponsors planned an improved gravel surface built ' similar to County road specifications which would cost around $2.5 million rather than $800,000 for the concrete surface. Martin also mentioned that instead of having ariel crossings on the equestrian trails the cost could be reduced by making improved low water crossings which could substantially lower the costs and utilizing existing parking lot at 428 and 380 have all resulted in compromises on the facility that maintain the integrity and intent. Martin said they felt good about the alternate plan that had been recommended to the Corps, Cott suggested that the walk be made as easy as possible for the handicapped. Martin said the facilities would be handicapped accessible, Cott asked what the City's share of the cost would be. Martin said 16.25$ of the $9.5 million or roughly $2.5 million. 1f the cost were to go up the. City's share would remain 16.25$. Miller asked if Martin was satisfied that parking would be adequate for the facilities at the three locations. Martin responded yes. He said the strategy was to go ahead and j purchase the land so that improvements to the areas could be made + at a later date. Martin said no compromises were made in the land area. • Mayer Castleberry wanted to know if there had been any discussions on the Dal.homa Trail. Martin said it was still conceptual in nature. He said Staff fully expects the Greenbelt to be utilized in the Dalhoma Trail and the City's Pails-to-Trails. ® s • Martin discussed possibilities under the Section 135 program to look at projects that were compatible with the Greenbelt development. He pointed out the Upper Flood Control Pool the Greenbelt Corridor connects to the Upper Flood Control Pool of • a~ d I~ A,)anduNo City of Denton City Council Minutes /i,Jtl y ii0if November 15, 1999 7 Page 5 D 7~ Lewisville, The Upper Flood Control Pool of Lewisville was the area with possibilities of development of other related projects. He said they had identified lour or rive projects that were possibilities under the environmental enhancement program at the Corps, They discussed conceptually the development of an environmental learning center where other opportunities such as self-guided nature trails existed; land reclamation projects; riparian forestry habilitation along the Greenbelt Corridor; the hiking and biking trail along the east side of the Elm Fork; and establishing a wildlife refuse with access points off the Greenbelt into the area, and managing the area as a wetland. He said since the land was owned by the Army Corps of Engineers the City would not have to purchase additional property and would be utilizing some of the area the City had access to. Under Section 1135 Program the opportunity exists to develop a scoping of the project with no cost to the City. That would focus the level of activity of the individual projects and allow a feasibility study at no cost to the City. At that point if the City engaged in a feasibility study the Corps would front the cost. Th3 only cost to the City at the end of the study would be a 25% reimbursement. The City would f at that point have the option to move into the implementation and construction part of the project. Martin said if the city were to move into the construction and implementation stage the federal i government would pick up 75% of the cost and the City and or other II project sponsors would fund the remaining 25% of the project. He said that option gave the City the opportunity to develop a scope of work and to possibly move in and look at the feasibility of a project for a relatively small amount of money. fie anticipated costs of around $15,000. With the Section 1135 Program, the sponsors are responsible for the ongoing maintenance and operation of the facility. If the sponsors could work something out with the Texas Parks and Wildlife it was possible they would be interested in operating the area for the City, Martin said that a lot of opportunities existed but he needed some indication from the Council if that those were areas Staff should explore. He said once costs had been identified they would come back to Council for • approval. Perry said that recreation was a big part of it but the 1135 Program also dealt with the enhancement of the City's water supply. There was a fine opportunity because of the Corps owned property to establish a wildlife refuge since the railroad runs through the area forming an embankment. He said US 380 also formed a natural • dike across the upper part of the Lewisville Reservoir. Perry said • • there was a little part of the Crosstimbers Forest in the natural state that was worth preserving. He said the opportunity existed to preserve an ecological system that over the long term would almost equal Haggman Wildlife Refuge off Lake Texoma where • 0 • • q~~ntlaNo, ~ City of Denton City Council Minutes Ag3t,i;.l[Gm November 15, 1994 [}a1 Page 6 i thousands of people go just to look. He said the project would not be too costly and would help preserve the City's water supply. Miller wanted to know if the project would be done unilaterally by Denton or jointly with Dallas. Martin said he did not think the City could count on Dallas' participation with that part of the project. It would strictly be a Denton sponsored project. He stated that this sponsors did not have to be municipal entities to participate the proje:;ts. Miller asked if there was competition for funds under Section 1135. Martin stated that the funds had already been approved and authorized for the Corps to use. The only limitation was that any one project could not exceed $5 million. Cott asked for a rough estimate of the City's cost for the project. Martin explained that the cost would depend on the overall scope and components that would be added. A rough estimate at that point would be around $15 thousand, give or t,ke a few thousand. He said the City could certainly adjust the scope if needed before entering into the feasibility study. Cott asked who would be responsible for security without the forest service. Martin replied that the City, as aponsor of the project, would be responsible for that area without the assistance of Texas Parks and wildlife or similar entity. Mayor Castleberry asked if the Council wanted to direct Staff to move ahead and come back at a later date with more concrete costs. • The Council nodded in agreement. 3. The Council received a report on the Third Annual City Open House. Joseph Portugal, Assistant to the City Manager, reviewed the Third Annual City of Denton Open House. Portugal said he worked with 12- 15 embers of the city staff who all spent a great deal of ti-is, • • of ort, and labor to make the Open House a signature event for the Staff and the City. It gave the Staff an opportunity to put their best foot forward, share with the public what Staff does and how, and educate future citizens by sharing how Staff operated the City. Portugal reviewed elides from the Open House and explained many of • O • • r r City of Denton City Council Minutes November 15, 1994 Page 7 l - 31467 the activities that took place throughout the day. He said Joe Ayers from the Traffic Department made special signs for the schools that attended the Open House. The Committee prepared City of Denton Activity Books for the younger audience. The schools attended the Open House in grand fashion. There were 7 elementary schools and 2 middle schools as well as a number of private and day care facilities. He said a lot of work went into making the Open House a signature event. Many City employees were involved in setting up the Civic Center activities the day before the event. He said they worked from 9:00 a.m. until 1:00 p.m. The Departments came in at 1:00 p.m. to set up their exhibits. Portugal said Staff also prepared Keep Denton Beautiful bags filled with the activity book and crayons. The Public Information Officer displayed several taped City Council meetings for the public to see. Staff set up the arching demonstration on risers. The young students that came loved the demonstration and learned a lot about electricity and what to be mindful of in that regard. City Staff was stationed at the information booth to greet the public and to distribute the City of Denton Listing of Services. Portugal said a lot of positive response was received from the Listing of frequently called numbers. He said each of the classes attending the Open House had one or more employees assigned to assist them through the exhibits. Portugal mentioned that color coded dots were placed on the students to identify them by school in case they were separated from their group. During lunch time many of the students had an opportunity to look at their activity book which gave them of information about the various City Departments. Approximately 1,300 students attended the open House. Portugal said the outside displays were a lot of fun even though the weather did not help much. Even with the weather positive responses were received from the school and the public at large. The students alwayr; enjoyed seeing the police and fire vehicles. Portugal sa:d Rodney Patterson, a Health Inspector with the Environmental Services Department, was personally responsible for orienting all seven elementary schools and both middle schools. Portugal said Patterson did an outstanding job and received special recognition • for his efforts. Some of the employees in the Utilities Department made a scale of the downtown used to demonstrate how water could be used generate electricity. The Texas Department of TransLnrtation provided handouts to give to the students and also supplied a video for them to watch. For the middle school students Staff put together a packet of information which included the history of Denton, form of government, and basic facts about the ' ® City. Throughout the day there were a number speakers for the • • middle school students. Portugal said one of the biggest attractions at the Open House was the snake at the Animal Control display. • O • w • f~~dat~o__~~ City of Denton City Council Minutes p,~` November 15, 1994 Page 8 ik,i~._ L u©~ b7 Mayor Castleberry commented that Staff did a great job despite the weather. He said that did not seem to dampen the enthusiasm of the children. The Council convened int. a Regular session on Tuesday, November 15, 1994 at 7:00 p.m. in the Council Chambers. Present: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Miller, Perry, and Chew. Absent: Council Member Smith 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of a resolution of appreciation. Mayor Castleberry asked Authur C. Behrene lit. Paul Abbott, and Police Chief Mike Jez to come to the podium. I~ The following resolution of appreciation was considered: i NO. RA94-013 A RESOLUTION IN APPRECIATION OF "AUTHUR C. BEHRENS" Chew motioned, Perry seconded to approve the resolution. On roll vote, Cott "aye", Brock "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimou,ly. Behrens responded that after. 30 years in his position he should have been a little smarter that to have been taken in so easily by • his fellow Reserve Officers and liaison with the Department but he was truly impressed. He really appreciated the resolution and thanked everyone involved. Mayor Castleberry also called Mrs. Behrens to the podium as fellow members of the Reserves processed to the front of the Council Chambers to honor him. • Police Chief Mike Jez thanked Behrens and the other Officers for • • the extremely vital role they played in the Police Department. He said without fail, every time he had called on Chief Behrens and the Reserve Officers for assistance they had always been there, Jez again thanked them for their dedicated service to the City. • 0 • m r J City of Denton City Council Minutes November 15, 1994 Page 9 Y42 6 7 Mayor Castleberry also extended appreciation on behalf of the Council to the tactical team for the beautiful display the colors at the Denton Municipal Complex Open House. Mayor Castleberry presented a proclamation for Key Club Week. 3. Citizen Report A. The Council received a citizen report from J.R. Bob Browning regarding a request for the City Council to place on their agenda for the regular meeting scheduled for December 6, 1994, consideration of a resolution which would direct city staff to give written authorization to Argyle Water Supply Corporation to extend its lines to provide water service to a 92 acre tract of land on the east side of. Bonnie Brae, south of the City of Denton, in its ETJ. Bob Browning addressed the Council on behalf of 20 property owners who owned tracts of land located on the east side of Bonnie Brae near the intersection with US 377, within Denton's ETJ. He said those owners bought their land, ranging from 3-8 acres each, from Brighton Trading Company which subdivided the original 92 acre tract known as Hawk Valley in 1992. He said in 1992 it was entirely legal under existing state law to divide property in that manner without any required platting process provided that no part of the property was dedicated for streets, alleys, parks, squares, or other public uses. No part of that property had been dedicated. He said in connection with the subdivision and sale of the tract, the developers promised to provide water to the buyers of the tract by either drilling wells or extending water from Argyle Water Supply Corp which served the area to the south of the 92 acres and desired to extend its service II! es to provide water to the tracts. He stated that Argyle Water had formerly requested from the City of Denton written authorization to serve the properties but had been J denied by the City Staff in attempt to force the owners to file for subdivision platting. Browning said City Staff indicated to him • that Argyle Water Supply had not previously been granted permission to serve the property because the property was not platted when it was subdivided. Allowing them to Nerve the properties without platting might establish a precedent which could indicate to others conte,,,plating illegal subdivision activities that they could expect to obtain water service from Argyle without complying with the platting requirements. Browning said to the contrary, the b subdivision occurred in 1992 when the subdivision was legal under ~ q • State Law if water was provided from wells. Browning felt his J request would not establish any precedent which could be relied on II by anyone considering a new subdivision under current laws. He said the developer had the funds available to drill the artisan • O • ca 0 ~.Ja iaN1o._._-1- 03 City of Denton city council minutes ~-r_ 5 November 15, 1994 Page 10 I D 7 wells needed to provide water to all of the property owners and had commenced the drilling with one well already completed. The l preferable alternative was to allow Argyle Water Supply Co. to provide water service to the properties without platting for reasons including: Argyle could provide service for the same cost as drilling wells, the 6 inch water lines would provide lasting future benefit to property owners in Denton, construction of the water lines would open up additional development opportunities in the area and increase the tax base, and Argyle believed the water line extension was preferable to drilling in order to protect the ground water supply. Browning requested that the Council place on the December 6 agenda consideration of an ordinance directing city Staff to give written authorization to Argyle Water Supply to extend a six inch water line to serve the properties without requiring the property owners to file a plat. Browning said the developer had the noney to drill the wells to serve the properties maintaining a legal subdivision, but felt it preferable to spend the money building infrastructure that would provide lasting benefit to the property ow+ers and the City. Mayor Castleberry asked Acting City Attorney Mike Bucek for legal information regarding the citizen's request. Bucek said Staff had visited with Browning on the issue. He agreed 4 with Browning that there was no violation of the platting law so long as no public improvements were needed to the property. When Argyll: Water supplies an improvement that woula be a public improvement because it would have to go in the easement and the city would ultimately be responsible for maintenance when the property was annexed. That would indeed set a precedent. Bucek said the problem was that the Council would be granting a variance and would need to determine the hardship. Bucek recommended that Council look at the issue from the stand point of it would be a variance if granted and would they want to do similar variances in future cases. s Browning responded that he was not the alleged wrong doer in the situation but was simply trying to work out a tough situation for the property owners. IIe said they were indeed asking for a variance to the platting requirements because the developer had a finite amount of money to spend in the area. The developer did not have enough money pave roads, build drainage improvements, or 8 sidewalks that would have to be done. There was enough money available to drill the wells. The developer wanted to spend the 0 0 money where it counted most for the residents and the City. Cott asked Bucek what was the cure for the developer if the Council voted against the request and what would be the cure for the d 0 No=" I • ra • nn i City of Denton city council Minutes November 15, 1994 -.y1_L(5±xa3-. Page 11 d 1`.. --1 -_U- ~3oa 67 jurisdiction, presumably Denton. Bucek responded that the 20 people would need to agree to make the drainage features and improve the road. As Browning said, the 20 people have not been willing to make that broad of an agreement. Bucek said that would be ~;he remedy. Bucek asked for clarification on the jurisdiction issue. Cott said t assume the developer does what he wanted to do without Council permission. He wanted to know if that situation would be handled the same as if it occurred in the City .limits. Bucek responded that if the developer wanted Argyle Water they needed to plat. He said other people with large 3-5 acre tracts could legally do the same thing that developer did. If the sewer line system was done with a septic tank and wells were drilled according to County and state requirements those things could be done. When the City carne out there and ran water lines those tying on to the lines would be required to pay the prorata to get on the line. Miller asked if the platting law had changed since 1992. Bucek stated that the laws had changed but even under the new law water wells could still be done without platting if no public improvement were needed. i Miller asked if a developer came in to subdivide under existing law I would they subdivide under the same law now that existed in 1992. j Bucek said the platting law had changed. The law reads you would subdivide or lay out streets. If the developer just subdivided the theory developers used was that if they drew in the lines they I` would not have to file a plat or dedicate but if they were putting in streets they would have to. He said under the current law the • developers had to plat if they subdivided. The key law in situation was really the utility connection statute that passed in 1.987 and amended in 1989 which said approval of the City was needed to get a certificate to obtain water from a public water system. Bucek said Browning was really asking for the platting requirement. Browning respondeu that the drilling could be completed legally because the subdivision was completed in 1992. He said that could ® not happen in a subdivision completed in 1994 because the law had • changed. He said if Council made the exception and allowed them to spend their money on water lines instead of water wells it would nor- establish a precedent to be relied upon in 1994 or future years to gain an exception to tho platting requirements. • O .n. A ca A . City of Denton City Council Minutes November 15, 1994 11 Page 12 _'_(Z ~-7 Bucek responded that under the new law people could put in water wells and septic tanks systems. That could be a precendential value if the City allowed the water wells to be waived and connected to the water system. Browning replied that he understood but.ek's prior comment to be that if lines were drawn across the property and subdivided that would require a plat. Bucek responded that a plat would he required but the public improvement requirements would also be required. He said the developer had to show that something was being dedicated to the public. Miller felt it would be an appropriate request to have the item on the agenda for consideration and a public hearing. Perry commented that a developer approached him with the notion of variances on a similar issue and not wanting to meet platting requirement. He felt if the issue was moved on to the agenda or if Council granted the variance the Council would see a number of. -imilar request, He believed the Council would be setting a precedent f,.- granting the variance, He was not in favor of moving the issue forward to the agenda, Mayor Castleberry said the wording on the agenda would not allow Council to take an action on the item but if the Council was interested it could be brought back as a work shop item. Miller replied that bringing the item back was not to say that it would be approved but felt it was something the council should j study. Cott said the issue came up because the developer ran out of money. lie said it had nothing to do with platting or anything else and did e not feel that was the forum to solve the problem, Mayor Castleberry said there was not a consensus to put the item on the agenda but since any Council Nimber could request that the item h be placed on the work session that would be done, ® j B. Council received a citizen report from Larry Bailey regarding the zoning at 220 W. congress (formerly Benchmark Club A r and Eatery) Larry Bailey said he owned property on Bolivar, West Congress, and other places in town. He represented himself and many other A O . 0 a~ 0 City of Denton City Council minutes A~), November 15, 1994 Page 13 residents to ask for help from the City an the County. He was trying to save the neighborhood from decaying and being trashed any more than it had been. Bailey referenced the 200 Block of West Congress, Bolivar, North Elm and the surrounding area. He said the problem began some six or seven years ago when the City of Denton permitted the Benchmark Club and Eatery to open without any notice or warning. He said since that time there had been destruction of property, peace, quiet, and tranquility of life, patrons parked all over the place throwing bottles and cans in their yards, as well as patrons vomiting, urinating and having open sex. He said the Police came when called to dispense the crowd. He also said a fen.ale was once raped on his property. Bailey often called to have the vehicles towed from his property and sometimes had to call for Police backup. Bailey said he was aggravated, disgusted and mad. He said unless something was done they would have an even larger problem than before. The Benchmark closed and there had been peace for nearly a month. He believed the new establishment would be called the Congress Street Knights and felt they would cause more problems for them just as they had on Avenue A, Pry, Hickory, Oak, and Mulberry Streets. He said the Congress Street Knights would not have enough off street parking to obtain a certificate of occupancy. He felt they would bring misery, disgust, hate, decrease in property values, and increased police action. Cott thought the issue fell under the sexually oriented business laws. He asked what the council could do or suggest to the citizen. I Acting City Attorney Mike Bucek responded that the zoning category allowed such use. Under the federal laws the City could not deny any lawful use from having some place in the City, F rank Robbins, Executive Director for Planning and Development, said the oriented pbusinesswwould snot beCany aas a llowedr use He besaid a cause s of sits nearness to churches and residential uses. 0 Bailey said he measured the area and had talked with the Alcohol and Beverage Commission and several staff members. There was a church 20 feet from the building but the way the zoning regulation reads the distance has to be measured from the front doer, out to the street, up the driveway. After that the distance was 304 feet. Cott said he was involved in writing the SOB laws. City Manager Harrell commented that the sexually oriented business ~f use was not authorized at that location. Should that type of activity occur, the City would be in a position to make sure the • A • c► City of Denton City Council Minutes V1f7ir(B~U._ MN/~I,=s(k~_ November 15, 1994 Page 19 activity ceased, He said that did not help with the problem Bailey articulated. Harrell said the business was stmilar to the one that operated there before and the zoning in place allowed that type of use. The parking that had been provided according to the zoning ordinance was adequate. He said City Staff would be forced to issue the certificate of occupancy J,.' the requirements were met. The only way the Council could act would be to institu`.- a rezoning action regarding that particular piece of property. Robbins added that when his staff received the certificate of occupancy application, the would go through the process to see if the City's codes and rules were met. Is so they would get the certificate of occupancy. Robbins also mentioned that the measuring technique was not a City ordinance but required by State law. The City was preempted from measuring any other way. He said that was an issue of legislation that cities took on every two years, Cott said there had to be a way for those people to live in peace in their homes, City Manager Harrell said even if by law the City was required to issue the certificate of occupancy and the operation goes into effect Staff would be willing to meet, with the owners of the establishment, the neighbors, and the Police Department to minimize these occurrnnces before they were up and running. i Bailey asked if the neighbors had any input into the issuance of the certificate of occupancy. Harrell replied no and explained that it was not a discretionary issue. If the requirements were met by law the City would be required to issue tha certificate. Bucek said the Alcohol and Beverage commission's regulations preempt city law. He said they have loose regulations regarding what can go on in a bar. What occurs in Dallas and some other citier, is that they say businesses bare can not be closer than 1000 feet apart but the existing bars stay. Bailey commented that the Congress Street Knights was a new business. • running the establishment. ' use said that many of not individuals the the issues Bailey referred to were enforcement problems. Cott asked that Bailey work with Cecile Carson and give the city an • O • w • r.~e10, No _1h5_" ~ - I City of Denton City Council Minutes 111a~?__ 66-Q._ i-, November 15, .1994 iu __1..0-.._95-. Page 15 N 0gd7 opportunity to help. Mayor Castleberry clarified that the area was not zoned for sexually oriented business and that use would not be permitted at that location. 4. Consent Agenda Perry motioned, Brock seconded for approval of the consent agenda. On roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", chew "ayelf. Motion carried unanimously. A. Ordinances 1. Contract with United Way 2. Contract with HOPE, Inc. 3. Contract with North Texas Community Clinics B. Bids and Purchase Orders 1. Bid # 1678 Tractor Backhoes 2. Bid # 1679 Emergency Pre-emption System 3. Bid N 1680 Fiber Optic Cable and Accessories 5. Ordinances A. NO. 94-206 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.1) Brock motioned, Perry seconded for approval of the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry I "aye", Perry "aye", chew "aye". Motion carried unanimously. • B. NO. 94-207 AN ORDINANCE :APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. AUTHORIZING THE EXPENDITURE OF ® FUNDS FOR ASSISTANCE TO HOMELESS FAMILIES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE • • EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.2) J Brock motioned, Perry neconded for approval of the ordinance. on • Gs • City of Denton City council minutes November 15, 1994 O Page 16 roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimously. i C. NO. 94-208 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS COMMUNITY CLINICS, INC; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, (4.A.3) Brock motioned, Perry seconded for approval of the ordinance, on roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimously. D. NO. 94-209 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDIVG A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, (4.8.1. #1678, 4.8.2. #1679, 4.8,3. #1680) Perry motioned, Brock seconded for approval of the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing an extension to the City's contract with Canada Life Assurance Company. Tom Klinck, Director of Human Resources, requested that the Council approve the contract with the current carrier for the City's group long term disability insurance for employees. Approval would extend the contract until January 31, 1996. He said the program was competitively bid back in October of 1992. At that time Canada Life Assurance was the lowest bidder and the Council authorized the contract effective February 1, 1993, The ordinance would extend the contract one additional year at the current rate. f, The following ordinance was considered: NO. 94-210 d AN ORDINANCE AUTHORIZING AN EXTENSION TO THE CITY'S , • CONTRACT WITH CANADA LIFE ASSURANCE COMPANY; AUTHORIZING THE EXPENDITURE. OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. • O • ca • Njo~Oa~va _ . L~ r Q23 City of Denton City council minutes ^~w November 15, 1994 A(j'vRG'di10[i Page 17 Perry motioned, Brock seconded for approval of the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimously. F. Council considered adoption of an ordinance authorizing an extension to the City's contract with North American Life Assurance Company. Tom Klinck, Director of Human Resources, said the contract was similar to the one previously approved. The contract was for group life insurance with North American Life Assurance. The program was also bid in October of 1992 and the contract awarded in February of 1993. The ordinance would extend the contract to 1996 at the same rate. The following ordinance was considered; NO. 94-211 AN ORDINANCE AUTHORIZING AN EXTENSION TO THE CITY'S CONTRACT WITH NORTH AMERICAN LIFE ASSURANCE COMPANY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Parry motioned, Brock seconded for approval of the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimously. G. Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Heritage Land and Development Company, Inc. relating to the acceptance by the City of Denton of a dedication of 9.5 acres of land when certain conditions have been completed by the dedicator. (The Parks and Recreation hdvisory Board and the Planning and • Zoning Commission both recommend approval.) Mickey Ohland, Park Planner, said a local development company contacted the Parks and Recreation Department wishing to donate 9.5 acres of land to the City fo:c Park purposes. He said the property was located on North Locust just north of bell Avenue and Evers Park to the W3st. The property was divided by Cooper Creek and was • in the 100 year flood plain. In addition to the land donation the I dedicator offered to repair and paint the existing bridge that • I spaned Cooper Creek to the City's satisfaction, construct an 8 foot wide concrete trail that wot:,ld span from north to south across the bridge, and $1,000 to be used towards maintenance of the property. Ohland said the Planning and Zoning Commission and the Parks and F ~a • City of Denton City Council Minutes November 15, 1994 Page 18 67 Recreation Advisory Board both recommended approval. The following ordinance was considered: NO. 94--212 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND HERITAGE LAND & DEVELOPMENT COMPANY, INC. RELATING TO THE ACCEPTANCE BY THE CITY OF A DEDICATION OF 9.5 ACRES OF LAND WHEN CERTAIN CONDITIONS HAVE BEEN COMPLETED BY THE DEDICATOR] AND DECLARING AN EFFECTIVE DATE. Perry motioned, Chew seconded for approval of the ordinance. on roll vote, Brock "aye", Cott "aye", Miller Faye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimously. H. Council considered an ordinance accepting the dedication from Richard Adamson and wife of Lot 24, Block D, of Avondale Addition, Section Three, in the City of Denton, Denton County, Texas for public park purposes. (The Parks and Recreation Advisory Board and the Planning and zoning commission both recommend approval) Mickey Ohland, Park Planner, said the owners of approximately .46 acres of land located on the eastern end of Avondale Park requested to donate the property to the City for park purposes. He said the property was in thu 100 year flood plain and could be used as open space for that park. The Planning and Zoning Commission and the Parke and Recreation Advisory Board recommended approval. The following ordinance was considered: NO. 94-213 i AN ORDINANCE ACCEPTING THE DEDICATION FROM RICHARD • ADAMSON AND WIFE OF LOT 24, BLOCK 0, OF AVONDALE ADDITION, SECTION THREE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS FOR PUBLIC PARK PURPOSESr AND DECLARING AN EFFECTIVE DATE. Chew motioned, Perry seconded for approval of the ordinance. on j roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry • "aye", Perry "aye", Chew "aye". Motion carried unanimously. • 1. Council considered an ordinance providing for the adoption of a policy for the installation of devices to safely reduce vehicle speeds on certain types of streets. • 0 , • ai • c i City of Denton City Council Minutes November 15, 1994 Page 19 5 I dd 6 7 City Manager Harrell said there had been a fairly extensive discussion at the Council's last work session regarding the speed hump policy and the rules and regulations that governed t installation within the City. The following ordinance was c.,.ieileredt NO. 94-214 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE ADOPTION OF A POLICY FOR THE INSTALLATION OF DEVICES TO SAFELY REDUCE SPEEDS ON CERTAIN TYPES OF STREETS; PROVIDING FOR A BEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Perry seconded for approval of the ordinance. on roll vote, Brock "aye", Cott "nay", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "nay". Motion carried with a 4-2 vote. 6. Resolutions A. Consider approval of a resolution leasing parking spaces located on the Williams Trade Square, i Kathy Dubose, Executive Director for Finance, said the resolution renewed the lease with Denton County for 15 parking spaces located on the Williams Trade Square. She said the conditions of the contract were the same as in the past. The County would lease the 15 ripaces at $14 per month. The agreement was renewed annually. The following resolution was consideredt 1 NO, R94-070 A RESOLUTION LEASING PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE; AND DECLARING AN EFFECTIVE DATE. Brack motioned, Perry seconded for approval of the resolution. on roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry "aye", Perry "aye", Chew "aye". Motion carried unanimously. 7. Vision Update council Member Miller said the Cabinet had a planning session that past weekend to receive the input from the impact groups. After considerable discussion Staff was directed to take the information they developed and the recommendations made from the impact groups • 0 • r.+ • City of Denton city council minutes November 15, 3.994 ~_'..4 Page 20 ~~1^f 6_7 and bring them back so the cabinet could determine its viability, priorities, and total vision for the City. He said a 3 hour sr,ssion had been set up for early December. Miller said it would probably take several months to determine where to go with the process and update the community. Brock said the meeting was planned for November 28. Cott responded that Council should now see what it was going to cost to work on the programs. He said once the Cabinet had adopted something that cost along with the source of the funds needed to be exposed. Miller responded that the Cabinet did not know at that time what would be done or the costs. He said the presumption that all costs came from City government was not correct. At some point they would be talking specifics as to what would be done and the time frame. Cott suggested that was exactly the time to be discussing the cost and source of funds. Miller again statad that when the Cabinet knew what it was going to do they would put a price tag on the projects with a time frame. Brock said that no tax monies would be expended without the vote of the elected representatives, the Council. She said no capital projects would be undertaken without the recommendation of a capital improvements committee with final approval through the voters, she said the vision cabinet had no power or authority to commit or allocate tax dollars. 8. Miscellaneous matters fxom the City Manager, City Manager informed the Council that the next meeting would consist of work shop items with a few regular items for business. • lie said there would be no meeting on the fourth Tuesday of the month, the 29th. Council Member Perry announced the Agenda Committee proposal to hold the annual review of the Municipal Judge, the City Attorney, and the City Manager on the seconded Tuesday in December. He said if that was agreeable to the Council they would begin at 5:oo p.m. • for the reviews. • r Miller mentioned that Council was to review the performance of all the judges which would bring the total to 6. I • 0 • a~ r City of Denton city council minutes AlJ9A~2a-'~~J ) . November 15, 1994 ~l;~;l G:<<Ofii~ Page 21 53d~ 6 Mayor Castleberry said there would be no meeting on December 13. The time would be set aside for all the employees reporting directly to the Council. Brock asked if the Council would meet on December 20. Harrell responded that was indeed a regular meeting date. Harrell reminded the council that the City - DISD luncheon was scheduled for noon on December 7, 1994. 9. 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 Members for future agendas: I Council Member. Miller requested a staff report outlining the zoning laws and issues in 1992 versus the existing laws. Mayor Castleberry thanked Staff for the well organized open house at the Denton Municipal complex. That was also the official introduction of the new City flag. Council Member Perry thanked the students for attending the meeting. 11. Closed Meetings council discussed the following in Closed Meeting during the Regular Sessions A. Legal Matters Under TEX. GOVT CODE Sea, 551,071 1. Considered action regarding the possible default of GTE under, the telephone franchise. B. Real Estate --Under TEX. GOVT CODE sec. 551,072 C. Personnel/Board Appointments -Under TEX. GOVT CODE • Sec. 551.074 • • With no further business, the meeting was adjourned. C I • s~ • ~~►du'!t'o 03 City of Denton City Council Minutes Ag3r,datt0 , November 15, 1994 Page 22 5u~d7 BOB CASTLEBERRY, MAYOR CITY OF' DENTON, TEXAS VERONICA S. OGLESBY DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS r • • CITY OF DENTON CITY COUNCIL MINUTES tr.~ ~~_1 November 22, 1994 7 The council convened into the Closed Meeting on Tuesday, November 22, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem. Brock; Council Member Chew, Cott, Perry, and Miller. ABSENT: Council Member Smith 1. The Council met in Closed Meeting to discuss the following items: A. Leeva! Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered action in Dore v. Jag, et, al. 2. Considered action in Teresa Snell v. City of Denton. Denton Police Department and Art Kutcher. B. Real Estate Under TFX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Special Called See on on Tuesday, November 22, 1994 at 6:00 p.m. in the City Counc. ;hambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, and Miller. ABSENT: council Member Smith 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. i 2. The Council considered approval of a resolution of appreciation for the Eurekal Playground volunteers. • The following resolution was presented: NO. RA94-014 RESOLUTION OF APPRECIATION OF THE FRIENDS OF SOUTH LAKES PART( • Perry motioned, Chew seconded to approve the resolution. On roll ~ • • vote, Brock "aye", Cott aye", Miller llayalF, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 0 0 • w • . t City of Denton City Council Minutes November 7.2, 1994 Page 2 5667 i 3. The Council received a report, held a discussion and staff direction regarding various matters relating to g TMPA. gave City Manager Harrell stated that as the Council had been previously briefed, TMPA was in the midst of a crucial and important matter ' concerning the future direction of TMPA Board had commissioned Burns andeMcDonnelu the alternatives regarding the TMPA plant, l to st:udyvarious Tom Harpool, TMPA Board of Directors, stated that in May 1994 TMPA authorized a study to determine definitive points from which to make a decision on a future switch in a power supply. The study was presented to the Board at its November. meeting. The Board decided to perform a test burn before making a f recommendation. He felt it was important for thelUt lityiBoard of f Denton and the cities in TMPA to know and understand this before a final decision was made. process Bob Nelson, Executive Director for Utilities report to Council from TMPA. He stated that therreasons for1TMPAis power supply analysis were (1) TMPA had to move to a different mining area at a cost of $15 million, (2) maintenance costs were high with crimes County lignite, (3) other utilities had switched to western Wyoming coa erating l to save money, and (4) new technologies and efficiencies coupled with low cost natural made new plant costa as cheap as the operating and maintenance and served the Creek Power Plant. TMPA was created in 1975 an, The purpose of thetorganizationnwasrto provide Garland and Greenville. eleri energy for these cities and provided 65% ofDentoon's energy power and • in 1975 the electric industry issues included( Power ) and federal/state government had mandated electric utilities stop using natural gas, (2) Texas lignite was the lost Of the western low sulphur coal costs were escalating, cost i oa fuel, (3 from Wyoming were volatile, (5) there was no 4) Public Utility ` commission so wholesale power contrarta were higher than owning generation, and (6) the cities decided to use Texas lignite In 1994 the electric utility issues included (1) the natural • gas industry was deregulated and there wau ample low cost available, (2) major technological advances in the efficiencies of gas powered electrical las stable and excess mine power tlants, (3) western fuel costs wore railroad transportatior. rates were ha in stableu (lt5ed he low prices, (4 industry was deregulated, and (6) ) the electricutili ty were entering the electrical many independent power producers • @ following facilities and coat acuctlon business. lawt had ter • 111PA he plant in Grimes county with a 2o"000( ,acre lignite mine inGrimes County with leases for two draglines plus conveyor, (2) a contract • 0 I • A City of Denton City Council Minutes it r;lf,7fn November 22, 1994 1" r Page 3 6~7 d~ L 7 with Navasota Mining to mine approximately two million tons per year, (3) transmission lines and interconnections to TU Electric and transmission contracts and (4) transmission lines and delivery point substations at the four cities. The consultant developed six narrative cases during its power supply analysis which included a BASE case which was to continue the present operation; a WEIRCO case in which TMPA would take over the mine operations; a PRB case to convert the plant to burn Powder River Basin Wyoming coal; a PRB HI case which would increase cost and be an escalation of the PRB case; a Layup and Repower case in which the Gibbons Creek Plant would be laidup and combustion turbines added to the Garland and Bryan power plants; and the LAYUP and PURCHASE case which would layup the Gibbons Creek Plant and purchase power. Issues for the use of the Powder River Basin coal were the fuel heat value was 8500 BTU/point as opposed to 4500 BTU/ point which would require less fuel to handle and grind. The Wyoming fuel was low in sulphur which would not require a scrubber and save $2 million per year in limestone. it also had low ash which would make it easier to grind and less boiler wear and maintenance. No electricity would be needed with the Wyoming coal for draglines or conveyor belts which would gain 10-15% energy from the plant. The TMPA Board voted to do a several day test burn of PRB coal in 1TLe December at a cost of $500,000 and voted not to begin engineering of railroad and boiler improvements. It was anticipated that the Board would need to make a decision on a future option. There was a concern that TMPA's full requirement power contract still limited Denton's options. Mayor Pro Tom Brock asked Nelson to review who made these decisions and what role the four City Councils had regarding the issues. Nelson stated that each City Council appointed two board members to the Board. Those members were fully authorized to make decisions. Mayor Pro Tem Brock stated that it was then up to each city to determine how much advice was given to the representatives. Nelson replied correct and that that varied from city to city, Mayor Pro Tem Brock stated that if College Station accepted TMPA's renewal bid that individual member cities of TMPA could opt out of that agreement. She asked what would happen if, for example, two cities decided not to participate, A Nelson stated that the four cities who purchased power from TMPA r A A had been selling all of the g power to College Station for the last 3-4 years. That contract was up for renewal on January 1, 1996. TMPA had asked for a year's information on what College Station was going to do. There was a combined proposal sent to college Station O City of Denton City Council Minutes November 22, 1994._ Page 4 5 867 which indicated that the four cities wanted to continue to sell power to College station on the same basis. This was not a TMPA proposal but one from the four cities who got their power from TMPA. If College Station found that buying power from the cities was in its best interest, a contract would be done with each of the four cities. Council Member Miller asked for the time frame on the test burn. Nelson replied that TMPA was already working to get enough rail cars together to load and be at the site in mid-December. This would be a 7-8 day burn with cost of train being $975,000 and fuel value from not buying from the Gibbons Creek mine would be $480,000 with net cost of $500,000. Council Member Miller asked if the other contract would still be paid during the test burn. Nelson replied that TMPA would probably continue to mine but put iC into inventory. If TMPA proceeded with the Power River Basis fuel the inventory could be used. City Manager Harrell stated that a key point to remember was that Denton's Public Utilities Board had indicated that it was their hope that as TMPA moved forward with a recommendation for a long term supply, that it would be coupled with a proposal which would allow the cities to be flexible. It was felt that this was the opportunity to make sure that that happened. Council Member Perry asked what Denton could do to increase the capacity of its plant and how would that play regarding costs. Nelson replied that currently a power supply study was being done which addressed those issues. The current concern was the 35$ of the energy which Denton had to generate. 1 Council Member Chew asked that the City Manager be kept informed about TMPA's decision and that Denton needed its TMPA representatives to work for a good promotion for the project in the city. Bill Giese, TMPA Board of Directors, stated that a final report would be completed in the next few weeks which would also look at e other ways to give flexibility to the cities without declaring a • • project and going through that process. A long range consideration was if TMPA was a viable organization for the future. • ca • City of Denton City Council Minutes (f8f1';,Dlu -.5,U3 November 22, 1994 ~~11 Page 5 A Council Member Chew stated that at the appropriate time he would like the Public Utilities Board to make a report to Council regarding TMPA. I Bob Coplen, Public Utilities Board, stated that this was not an J emergency decision. The Garland representatives took a stand on this proposal. TMPA wrote the interim report which he felt was slanted by TMPA. He felt that Denton had an opportunity for a wedge and a possibility for a merger with the other voting capacities to get relief from the 35% which was required from Denton. Some of the proposals had built in costs which needed to be removed from the proposals. He urged the Council to not make a hasty decision regarding the issue. 4. The Council received a report, held a discussion and gave staff direction regarding an emissions testing program. Jack Jarvis, Fleet Manager, stated that there were new laws and regulations regarding emissions controls of the city's vehicles, When the federal law was passed in 1990, 90 different metropolitan areas were selected to clean up their air. Since that time, the State of Texas had tried to determine solutions to help resolve those problems. The areas which were included were the Houston/ Galveston area, Beaumont/Port Arthur area, El Paso, and the Dallas/Fort worth areas which included Dallas, Collin, Denton and Tarrant counties. These were in non-attainment areas due to the emissions from cars. All vehicles built since 1968 forward had to be tested for emissions. This was in addition to the state inspection which was currently required. if the vehicle passed the test, a certificate would be issued to allow the owner to get a license and/or a state inspection renewal, This would be in addition to what currently was being done. The testing would begin in January 1995. All vehicles of odd years would be the first ones tested and would have to be done every two years. To do this would cost the City approximately $21 per vehicle. If a vehicle did not • pass the inspection, it would have to be repaired before receiving a certificate. Most of the repairs could be done at the City facility as opposed to having to go outside for repairs. A vehicle could not receive an inspection sticker or renew a license without the certificate from the emission center. An important factor to remember was that this was a program by the State of Texas and not the City of Denton. • City Manger Harrell stated that one of reasons staff was briefing • • Council on this issue was that the City would receive complaints about the process. The citizens needed to understand that this was a state requirement and the City did not have anything to do with the establishment of the program, • O • ca • City of Denton City Council Minutes November 22, 1994 Page 6 606 7 5. The Council held a discussion and gave staff direction regarding rules for placing emergency Council items on an agenda. City Manager Harrell stated that this was a request from the Council specifically to review the rules and procedures to place items on an agenda and specifically an emergency item on an agenda. Three council rules or state law provisions came into play on the timing of a request for an agenda. (1) Council rule 6.3 stated that any member of the Council could request that an item be placed on a future work session of the Council, The exact timing of that request was left to the discretion of staff and the Agenda Committee based upon the volume of matters before the Council on an agenda anti/or the amount of minor research which had to be done on the item. If a specific date was requested for an item, every attempt was made to honor that request, (2) Council rule 6.1 dealt with emergency items which might occur. Normally the City Council Agenda committee met at 9:00 a,m. the Thursday week prior to the Tuesday Council meeting, At that point in time, the Committee reviewed the agenda for the following meeting. Rule 6.1 stated that a Council Member who felt that he/she had an emergency item to place on the next meeting, needed the concurrence of two of the three members of the Committee to agree to place the item on the next agenda. (3) The last item dealt with the 72 hour State rule for posting notices under the Open Meetings Law. That rule stated that an item could not be posted after 72 hours before the start of the meeting unless it met the criteria of an emergency as defined by State law. Mike Bucek, Acting City Attorney, stated that under the Open Meetings Act, to post an emergency item it must clearly identify the necessity for calling the meeting and was limited to an imminent threat to public health and safety or a reasonably unforeseeable situation, requiring immediate action by the governmental body. The Attorney General opinions stated that if the situation could have been anticipated, it was not an emergency. • If the situation was sudden or unexpected, it was not an emergency unless it had dire consequences. For example, an Independent school District was trying to purchase property and the land owner indicated he would close the deal in the next 10 days and that would benefit the ISD. That was not considered an emergency by the Attorney General, • Council Member Miller stated that the issue he was interested in dealt with the Agenda Committee. He was concerned with a situation • • in which an issue might come up later in the week after the Agenda Committee had met and if not acted on at the next meeting would be too late to do something abour.. He suggested that Council Members be allowed to place an ite. on the agenda by 1:00 p.m. on the • O • a • City of Denton City Council. Minutes L . November 22, 1994~ Page 7 I~ Friday before the meeting. This procedure would rn* be used frequently but would be helpful. to Council. He suggested an additional provision that in the event of an emergency a Council Member be allowed, by 1:00 p.m. on the Friday before the meeting, to place an item on the next agenda. Mayor Pro Tem Brock stated that she was concerned with the definition of an emergency which would apply to Section 6.1. How would a local emergency be defined. Acting City Attorney Bucek stated that the Attorney General made a distinction between a 72 hour notice and a 2 hour notice, The procedure suggested by Council Member Miller would give the required 72 hour notice. There would be a need for a definition of an emergency for general use. Mayor Castleberry stated that as long as he had been on the Agenda Committee, there was only one item placed on the agenda after the Committee met. He felt that the current rule was working well and saw no reason to make a change. Miller motioned, Brock seconded to modify the Council rules to allow a Council Member to place an item on an agenda by 1:00 p.m. on the Friday before a meeting. on roll vote, Brock "aye", Cott "nay", Miller "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 tie. Mayor Castleberry stated that the item would return to the next meeting due to the tie vote. 6. The council received a report, held a discussion and gave staff direction regarding a comparison of 1992 Subdivision and Platting regulations and the current regulations. Acting City Attorney Bucek stated that there was some confusion regarding the variance issue. The normal, variance concept usually • dealt with the process of someone platting property and there was a reason that the petitioner did not want to fulfill an ordinance requirement, The difference in the situation with Hawk Valley was that they did not want to plat at all. Under the old law, if a public Improvement was required, the property had to be platted. The only time that platting was not required under the old law was when the property was being subdivided and there were nc g improvements to be done. Under the new law, if the property were • O being subdivided into more than five acres, platting was not required if public improvements were not required. Under either of these provisions, if a water line were to be installed, the property must be platted. If a developer were allowed to not plat • Q s • City of Denton city council Minutes 69wrI U~ November 22, 1994 Page 8 when making an improvement, another developer in the future could make that same request. City Manager Harrell stated that the process had two steps. With this particular property, a plat should be filed and in the process i of filing the plat, there were requirements in the subdivision I regulations which the petitioner felt he should not be required to meet, then a variance should be sought at that point in time. Council Member Miller felt that perhaps a method should be devised which would allow such a request to be granted if it were to the benefit of the City in the long term. Acting City Attorney Bucok stated that the problem was one of economies of development. If the tract was only 3-4 acres and had a small development with a rural setting, there would not be a problem. If it were a stxuctured development, there would be the need for infrastructure and whoever did the development would have to plat. Council Member Perry felt that if too many variances were granted in the ETJ, nothing would meet the City's development plan process. He had a concern of trying to go around what was a well thought out plan. Mayor Castleberry expressed a concern that if such a variance were granted and the area later annexed by the City, there might be problems with the lines not matching, etc, and that would be costly to the City. 7. The Council received a report, held a discussion and gave staff direction regarding a request from the Fire Fighter's Association to increase employee contributions to the Fire Fighter Pension Fund. Rick Svehla, Deputy City Manager, stated that during the recent budget discussions, members of the Fire Pension Fund had asked about the possibility of increasing the retirement contributions. Staff indicated that if that were the desire, it would have to come ? from the members of the fund and from an increase in the fire j fighters wages and not an item from the budget. The members held { ® an election in September with a majority voting to approve the increase of 1% to the contribution. The provision in the State law w • required Council to pass an ordinance approving that contribution. Council would be considering such an ordinance at its next meeting. Of the 87 positions eligible to vote on the increase, 60 votes were cast with 47 voting yes. O O • Gs e City of Denton city Council Minutes November 22, 1994 7 Page 9 .75 City Manager Harrell stated that when the Council approved ordinance regarding this item, the additional It would bewithdrawn from all members of the fund regardless of whether they voted :n favor or in opposition to the increase, Mayor Castleberry indicated that this was a request from the Fire Fighter's Pension Fund Committee. 111 Brock motioned, Chew seconded to have an ordinance prepared for Council consideration. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Consent Agenda Perry motioned, Brock seconded u-) approve the Consent Agenda as presented. On roll vote, Brock ",yell, Cott "aye", Miller "aye" Smith I'aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, A. Bids and Purchase orders: 1. Bid 01677 - Land Compactor 2♦ Bid #1682 - Watthour Testing Board System 3. Bid #1683 - 69KV Circuit Breakers 4. P.O. 051153 - Southwest Fluid Products 9. Ordinances Council considered the Consent Agenda ordinances A.-B. Perry motioned, Chew seconded to adopt Consent Agenda Ordinances A.- B. on roll vote, Brock "aye", Cott "aye", Miller "aye's, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 94-215 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR T}:E PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR e SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (2,A.1 - Bid #16770 2,A,2, Bid #1682, 2.A.3. - Bid 01683) B, NO, 94-216 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR r PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW / EXEMPTING SUCH PURCHASES FROM REQUIREMENT OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (2.A,4, - P.O. #51153) O • • g 0.:3_ City of Denton city council minutes November 22, 1994 Page 10 -t .1 5 6 41o d 7 10. Resolutions j A. The Council considered approval of a resolution giving I General Telephor.a of the Southwest, thirty days notice to produce records previously requested of GTE by the City Manager in his letter of February 10, 1994 relating to an audit of GTE's franchise fee payments to the City. City Manager Harrell stated that this resolution had been prepared in accordance with council's directions. It put'GTE on notice and formally cave the company 30 days to produce the records previously requested by the City. The records were ones requested by the auditor employed by the Council to make a determination as to the adequacy of GTE's franchise payments to the City. The auditor felt these records were necessary in order for the firm to produce a reliable report to Council. GTE had taken the position that several of the records were not to go to the City and were immaterial to the audit. Because of that stance, the auditor used his best estimates for some of the numbers which were certified as possible underpayments made by GTE. This request was a more formal manner to request the records needed by the auditor to make a firm determination to the Council, Acting City Attorney Bucek stated that the main concern developed in the resolution was the point that the first review was looking at the franchise agreement of 1963 and the resolution restated the fact that there was a charter provision regarding franchise fees. That provision indicated that the franchise fees, if collected, would be no less than 2% of the gross receipts of the franchise holder providing services within the City. That terminology was much broader than the terminology in the franchise agreement. The Charter gave City staff the ability to examine the records of the franchise holder regarding its compliance with the franchise requirements, If GTE failed to supply the requested records v.ithin 30 days, staff was to prepare a notice of default for Council consideration. • Council Member Cott stated that the City had signed a contract with GTE at a point in time when they had unique equipment and a unique ability to deliver and when tite City had a unique ability to need it. That contract had continued until today then many Texas cities had been hiring lawyers to try and break their contracts with GTE. The City had integrity at stake. If the City prepared another • contract with another producing company, and took time to break the this contract, it might not be the best delivery service in terms of the type of company the City might get. It had been suggested that the City could get several million dollars if it broke this contract. He asked to the Council to turn down the attack on GTE, o 0 • sa City of Denton City Council Minutes November 22, 1994 Page 11 Council Member Miller stated that in the previous discussion relative to TMPA, the future of what happened with TMPA was important and Council wanted to know all the ramifications of that issue. This was a very complex issue with the franchise agreement. He felt that there was a dispute as to what went into gross revenues. As rate payers, the citizens of Denton were paying 2% on something which he could not determine what that number was. He felt that more dialog was needed with GTE in order to know what the citizens were paying on. Council had asked for a breakdown of the franchise fees over the last 10-11 years, He felt that breakdown raised some questions on how GTE was calculating its franchise regarding the issue, etheCouncil re i~,nt i be ways to talk enough this information than going a legal route. He felt that something needed to be done but felt that there might be a better way to loo': at the records as opposed to the legal route. Council Member Perry felt that there was a clear requirement in the Charter that the corporation reveal such figures as were necessary and that it was in order for the City to ask for those figures, over a period of time, through the City Manager, the Council had asked for those necessary figures. He did not wish to break a contract but felt it was important to have GTE comply with the charter requirements, Council Member Chew stated that the city had been working on this issue since February of this year and that it was time to get off dead center on the issue. Melvin Willis, GTE, stated that he had information to share with Council and could present it in a work session if desired. GTE had never been given the opportunity to go before the Counoil in a work session to discuss the issue and he would like that opportunity. He asked that the Council table the proposed resolution end meet In a work session within the next 30 days. It was very difficult, with the changing times and the changes in communications, to keep up with a varied rate. That was one of the reasons GTE wanted to • go to a flat rate. In 1989, GTE took a rate decrease from the Public Utilities commission and thus the franchise fee would decrease also. The following resolution was considered! ~ .rte....... .....,.....r ar_ • • City of Denton city council minutes November 22, 1994 Page 12 ~ B f - =1NO. R94-071 ~17 7 k A RESOLUTION GIVING GENERAL TELEPHONE OF THE SOUTHWEST, THIRTY (30) DAYS NOTICE TO PRODUCE RECORDS PREVIOUESLRY REQU OF STED GTE BY THE CITY MANAGER IN HIS LETTER OF FBUARY1 100, , 1 1994 RELATING TO AN AUDIT OF GTEIS FRANCHISE FEE PAYMENTS TO THE CITY; AND PkOVIDING AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. Miller motioned, Cott seconded to postpone the rasolution until a date certain and set a date to meet with GTE in a work session. On roll vote, Brock "aye", Cct "aye", Miller I'aye", Chew "nay$,, Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 tie vote. On roll vote of the main motion Brock "aye", „ „ Motion carried with aP4-2yvote erg' and Maor Castleberry ??ayeer 11. Miscellaneous matters from the City Manager. City Ma+; if ager Harrell stated that video tapes of the impact group presentations would be showing on Dec 14-27 from 6-8 p.m, on the government channel. 12. There was no official action taken on Closed meeting items discussed during the Work Session. 13. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller requested a work session with GTE within the next 30 days. He asked for Council approval to have this be the major portion of the work session. • City Manager Harrell reminded Council that there would be a regular Council meeting on December 6th, the December 13th meeting would he City Council employee evaluations. The first work session available would be the 27th of December. Consensus of the Council was to place the item on the agenda of December 6th. B. Council Member Miller asked that staff look into the situation with the Police Athletic League having to pay the $25 an • 0 rca • City of Denton City Council Minutes November 22, 1994 Page 13 6 7o~d7 hour fee for use of the gyms, C. Mayor Castleberry requested that ataft look into a possible ordinance which would take care of noise exception requests which occurred on an annual basis. 14. The Council did not meet in a Closed Meeting during the Regular Session. With no further business, the meeting was adjourn 6:so p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS ' CITY SECRETARY CITY OF DENTON, TEXAS ACC0022D ( • r i • • ~~J r'~7nt(v ~by~.r w'.`uy~7 i ~ti~[yi~ll'~y'4ti ~e(f.F ` i `+M aL .5f~5Y I • v Agendakp~.. lterri Agenda in npprecinttun of "POLLXNN DLLs any" WHEREAS, on December 31, 1994, Rollins Dale Emery retired, after serving with the city of Denton since March 1, 1975; and WHEREAS, during the past 16 years, Dale has represented our City as an example of a quality service employee; and WHEREP,~i , thoe City of Denton has been fortunate in having enjoyed tae dedicated and outstanding service of Dale and wish to recognize same; and WHEREAS, Dale has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and har earned the full respect of his fellow employees, colleagues and citizens of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi That the sincere and warm appreciation of Dale felt by the citizens, staff and officers of the City of Denton, he formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas, and forwarding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this L2 "ay of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYi APPROVED AS 'IV LEGAL FORMt MICHAEL A. BUCEK, ACTING CITY ATTORNEY fl I ~ BY: lc,~q a • mot' I 1 • w~ • ApendaNo Agendalte Date 2/2-:15 to ttpprrrfntfan of cq NMADRO RODRIQUEE» WHEREAS, on December 31, 1994, Mauro Rodriquez retired, after serving with the City of Denton since January 16, 19471 and WHEREAS, during the past 27 years, Mauro has represented our City as an example of a quality service employees and Ik WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Mauro and wish to recognize Names and WHEREAS, Mau ro has always served shove sad beyond the f efficient discharge of his duties in promoting -%e welfare and prosperity of the City, and has earned the ful k respect of his fellow employees, colleagues and citizens of Canton; NOW, THER)P- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt That the sincere and warm appreciation of Mauro felt by the citizens, staff and officers of the city of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the city Council of the City of Denton, Texas, and forwarding to him a true copy thereof as a token ' of our appreciation. PASSED AND APPROVED this day of , 1997. I BOB CASTLEBERRY, MAYOR ATTEST I JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; MICHAEL A. SUCER, ACTING CITY ATTORNEY I BYi .%/L[t Q .i~L~ J • ~ l J S~.r ~s r~r tn apprW attun of oa,a _1 "ROW RD BELLY" WHEREAS, on December 71, 1991, Howard Kelly retired, after serving with the City of Denton since September 16, 19661 and 11 WHEREAS, during the past 28 years, Howard has represented our City as an example of a quality service employeat and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Howard and wish to recognize easel and WHEREAH, Howard has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Dentont NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES That the sincere and warm appreciation of Howard felt by the citizens, staff and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the city Council of the City of Denton, Texas, and forwarding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this [,'=day of , 1998, BOB CASTLEBERRY$ MAYOR { ATTESTi JENNIFER HALTERS, CITY SECRETARY BY. • APPROVED AS TO LEGAL FORMS MICHAEL A. BUCK, ACTING CITY ATTORNEY BYtC' C+ • • . aAeadaNo ~ A9endalta0~ D in apprcctutton of "Joan" AYERS" WHEREAS, on December 31, 1994, Joseph Ayers retired, after serving with the City of Denton since March 19, 1976] and i WHEREAS, during the pest 15 years, Joseph has represented our City as an example of a quality service employees end WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Joseph and wish to recognize same/ and WHEREAS, Joseph has always %erved above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full r.espect of h fellow employees, colleagues and citizens of Denton; NON, FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the sincere and warm appreciation of Joseph felt by the citizens, staff and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas, and forwarding to him a true copy thereof as a token of our appreciation. PASSED AND APPhOVED.this day of , 1995. All BOB CASTLESERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY hot &'A BY7 APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY J P BY I ~ o • G, 01 ApendaNa._~~~~ ~~DD~ Utie_ In apprfciatten of 118MMEL D. LAN3V WHEREAS, on December 31, 1994, Samuel D. Laney retired, after serving with the City of Denton since April 7, x978) end WHEREAS, during the past 16 years, Samuel has represented our city as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Samuel and wish to recognize same; and WHEREAS, Samuel has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the city, and has earned the full respect of him fellow emplo,,iss, colleagues and citizens of Denton; NOW, THERE- FORE, THE COUNCIL OF THE ^TTY OF DENTON HEREBY RESOLVESo F That the sincere and wars appreciation of Samuel felt by the citizens, staff and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas, and forwarding to his a true copy thereof as a token of our appreciation. PASSED AND APPROVED this 1-2!!~day of 1995. BOB CASTLEBZRRY, MAYOR a ATTESTi JENNIFER WALTERS, CITY SECRETARY BY: 1 ® APPRO ED AS TO LEGAL FORMI MICHAEL A. BUCEK, ACTING CITY ATTORNEY O ~rJ By: • CIS • DENTON 003 000000 D 4, 000 4 °ppp o° o { c~ o 0 0 v ~Op " r o 000000~ ~OpO oopo No I 0000 aaaDON e CITY COUNCIL . • 4p~sndaMa Age~dalle DATE: Janu904-7T4----- CI'I'Y COUNCIL REPORT FORMAT ~s TO: Mayor and Members of the City Council PROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING WITH REGARD TO THE PROPOSED ANNEXATION AND ZONING OF A 199,5 ACRE TRACT LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS ROAD: (A-64) RECOMMENDATION: The Planning and Zoning Commission is scheduled to consider this item on January 25, 1995. SUMMARY: The City proposes to annex a 199.5 acre tract located adjacent to the City's landfill east of Mayhill Road and north of Edwards Road. A site map and legal description is included in attachment #1. The tract is to be zoned light Industrial "LI" zoning district classification with a specific use permit (SUP) for a landfill. BACKGROUND: The City has purchased approximately 55 acres and has an agreement to purchase another 135 acres of this tract. City Council approved an annexation schedule on December 6, 1994 setting the dates for public hearings in accordance with state law and the City Charter. • A public hearing was held before the City Council on January 3, 1995 and Mr. Roger Crawford spoke in opposition. He suggested that the City consider redesigning the landfill operations so as to leave the communications antenna in place. i ® PROGRAMS, DEPARTMENTS OR_GROUPS AFFF . rED: Solid waste services. Page 1 • 0 4pandaNa -.~~3. ApdAaml' PISCAt, [MPAcn fl:ie._.__,: ~j Zo$S 'l'he purchase and annexation of this site will provide capacity for the city. long term solid disposal . i Respectf , ly submitted, Lloyd V. Harrell City Manager Prepared by: Harry N. P rsaud, MRTpt, AICp Senior Planner f Approve& rank H. Robbins, Al Executive Director for Planning and Development • i Attachment #1: Site map and legal desetiption A•64 Attachment #2: Annexation Schedule Page 2 Y , ill • ,andaNo, T `,~`vIIGUJ~tG A`64 Landfill' Paage ge 1 M of 1 1114. ll p 1 of sr "NORTH 1 loom ftftft r II , y ~ 1 I h Location Map Date: 3/8/94 Scale: None • • ATTACHMENT I Page 2 of 2 ALL that certain lot, tract, or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the Gideon Walker Survey A-1330 and more particularly described as I ! follows; BEGINNING at a point in the existing city limits said point lying in the south line of a tract described in Ordinance 81-94 said point also lying at the ,`northwest corner of the tract described in Ordinance 83-18 and in the center of an east/west road (known as Foster Road); THENCE west along the center of said east/west road and the south line of said City limits (Ordinance 81-94) a distance of 1815.66 feet to an interior corner of Ordinance 81-94, and the west boundary line of the Gideon Walker Survey A-1330; THENCE south with the west boundary line of said Walker Survey and the east line of Ordinance 81-94 in Mayhill Road 1228.21 feet to a point in the center of a county road and also the northwest corner of :4 dinance 86-14: THENCE south 2" west with the east line of Ordinance 86-14 a distance of 1727.92 feet to the northwest corner of Ordinance 83- -161 THENCE south 880 291 east with the north line of Ordinance 83-16 a distance of 1489.1 feet to the northwest corner of Ordinance 86-15; THENCE south 860 53' east with the north line of Ordinance 86-15 a distance of 1412.5 feet to the northwest corner of Ordinance 86- 218; THENCE south 860 59' 59" east with the north line of Ordinance 86- 218 a distance of 627.98 feet to the northeast corner of Ordinance 86-218 and in the west line of Ordinance 84-17, Third tract; THENCE north 1260 feet to the northwest corner of Ordinance 84-17, Third Tract and the southerly southwest corner of Ordinance 81-18; THENCE north 10 411 08" east a distance of 541.96 feet with the . most easterly west line of Ordinance 83-18; • THENCE north 876 371 54" west with the northerly south line of Ordinance 83-18 a distance of 831.02 feet to a point for corner; THENCE north 880 151 45" west with the northerly south line of Ordinance 83-18 a distance of 792.29 feet to the most northerly southwest corner of Ordinance 83-10; THENCE north 10 09' 20" east with the west line of Ordinance 83-18 a distance of 1308.77 feet to the Point of Beginning and containing 199.5 acres of land. s 9 0 • ATTACHMENT 2 n~ 3 0~1?RATION S HEDUL''~ December 60 1994 City council sets date, time and place for public hearings. December 18, 1994 Notice published in Denton Reco Chronicle for first public hearing. January 3, 1995 City Council holds first public hearing. January G, 1995 Notice published in Denton Record Chronicle for second public hearing. January 17, 1995 City Council holds second public hearing. January 25, 1995 Planning and Zoning Commission makes recommendation. 10 February 7, 1995 City council institutes annexation. First Reading of Annexation Ordinance. February 10, 1995 Publication of Annexation Ordinance in Denton Record Chronicle. March 21, 1995 Final Action by City Council. Second reading and adoption of the Annexation Ordinance. i i r i e c, CITY:_= E UNCI co a 4 4 r• 1 • m • r Aj6flda No 4 4gendaItoq ~E; ~7anuarv 1995 CITY COL1NCj1 RF,'PORT FORMAT TO: Mayor and Members of the City Council 1 FROM: Lloyd V. Harroll, City Manager SUBJECT: HOLD A PUBLIC HEARING WITH REGARD TO THE PROPOSED ANNEXATION OF A 1.1 ACRE TRACT LOCATED ON AND BEING THE EAST PART OF THE RIGHT-OF-WAY OF CORBIN ROAD AND GIVE DIRECTION TO STAFF: (A-68) RECQMMENDATION: The Planning and Zoning Commission is scheduled to consider this item on January 25, 1995. SUMMARY: The City proposes to annex a 3..1 acre tract located on and being the east part of the right-of-way of Corbin Road. A site map and legal description are included in attachment 41. The strip of land extends approximately 1,917 feet along the center line of Corbin Road and 25 feet wide measured from the center line. ACKGROUNp: The low water crossing at Hickory Creek and Corbin Road requires the city to maintain signs and gates in order to provide for public safety, part of Corbin Road at the low water crossing is located in the City and the other part is located in the County as the city limits line run along the center line of Corbin Road. In view of the high costs to maintain gates and signs, staff is proposing to close that porticn of Corbin Road. The closure of the road is intended to follow after annexation. • City Council approved an annexation schk;dule setting the dates for public hearings in accordance -ith state law and the City Charter. Staff mailed letters to property ownersI informing them of the proposed annexation. A public hearing was held before the City Council on January j 3, 1995 and residents spoke in opposition of the annexation because of the inconveniences which will result from the • 0 proposed closure of Corbin Road. Staff r?v:..,wed the possible annexation of a 900 acre tract located in the Corbin Road/Underwood Road area with an assessed taxable valu-, of $1.9 million and generating an 1. • • r ~ n{~01}Eldl{cif:! I~l~c!~~_ estimated $10,600 per year in propez,ty taxes. If phis ?Ogg area is to be annexed and the City absorbs the cost of constructing a bridge at an estimated $950,000, the annual payment is estimated at approximately $90,000 for twenty years.(See attachment q3) While the City may be able to provide other city services using existing resources, the maintenance costs for existing roads will run approximately $4,000 per year. This leaves the City an estimated net loss of $83,400 per year. ($10,600 - ($4,000 + $90,000)) p$OGRAMS. DEPARTMENTS O ROM AFFECTEp; Eight homes located along Corbin Road will be affected by the proposed closing of that portion of Corbin Road. Residents may use an alternate route through Springside and Underwood to access Airport Road. FISCAL IMPACT: The proposed closing of Corbin Road will result in an annual saving of approximately $7,000. 4Haer(rU/,'e/j1//1Z/r / City Manager Prepared: Harry N Persaud, MRTPI, AICP Senior Planner Approved: r Frank obb ns AICP Executive Director Planning and Development Attachment #1: Site map and legal description A-68 i O Attachment "2: Annexation schedule • • Attachment 03: Memoranr--m explaining the cost of the bridge. a. • • i ATTACHMENT 1 d~~ 4 ~Vvgqr Page 1 Of 3 1y~c;jalfefn~A J11_ ANNEXATION A48 NORTH AIR"T Ro, g SITE J ' ~ ~ tAETRO !T. c7/t / Dooatioa Nap No s me 3. • t l:~~ t N~itf;~ ,.1~, .'ti,'/ 4~ M1'1~,ML 1k~FY 1~^~r;V11, e s 0TTACgMffT 1 aye LL ofL 3 '~1onBaNo D APN4kV ROAD a ❑ LU I ~ ~ , l ^~r t 1 i 1 • i 1 i r ` r - N011"fM OCALEr 1' r 1000 14 • 4a • r ATTACHMENT 1 Page 3 of 3 ALL that certain lot, tract, or parcel of land situated the T.N. Daugherty Survey A-157 Denton County, Texas and being more particularly described as followss BEGINNING at a point in the existing city limit line at the northwest corner of said T.N. Daugherty survey and the southwest c,arner of the R. Chowning Survey A-9661 THENCE in an easterly direction with the city limit, line 95 feet to the easterly right-of-way lins of Corbin Road1 THENCE in a southerly direction 95 feet easterly from and Parallel with the existing city limit line 1917 feet to a paint for corner; THENCE in a westerly direction 95 feet to the southeast corner of the J. Hardin Survey A-1656 and the northeast corner of the J. Bacon Survey A-1340, same being a corner of the existing city limits; THENCE in a northerly direction with the existing city limits 1917 feet to the Point of Beginning and containing 1.1 acres of land. AEE00405 i a 1 S, A 0 r ATTACHMENT 2 ^n~No. J5~~.1 ANNEXATION SCHEDULE ,~~u,i,'~,~rloRl tj t q December 6, 1994 City Council sets date, time and plncq !or public hearings. December 18, 1994 Notice published in Denton Record Chronicle for first public hearing. January 3, 1995 City Council holds first public hearing. January d, 1995 Notice published in Denton Record Chronicle for second public hearing, January 17, 1995 City council holds second public hearing, January 25, 1995 Planning and zoning Commission makes recommendation. February 7, 1995 City Council institutes annexation. First Reading of Annexation ordinance, February 10, ].995 Publication of Annexation ordinance in Denton Record Chronicle. i March 21, 1995 Final Action by City Council. Second reading and adoption of the Annexation ordinance. • ~..--«....w.-.rw~ • - r..r .w.uJWLi~c'ri ~.tiri+.. i. r a'y ll ll7ti S rzS + A j ~d ! t1 i~' y ij g i • ~ ! ~ 3 7' ~l ~ Y ,i i i 4 i f 2 / r ~~'~r~4 i( 4 r~ r,~~(( Y' ~ .i ..i? 1'Pvl~ t~ fi~,u ~ K~r~F(tird ~~}y.~ N•~, t. Y4• r w r { Faye 1 of 2 CITY of DENTON, TEXAS MUNICIPAL BUILDING s DENTON, TEXAS 76201 * TELEPHONE (817) 566.8307 Office of the City Manager MEMORANDUM TOt Lloyd V. Harrell, City Manager. FROMi Rick Svehla, P puty City Manager DATES January 10, 1995 SUBJBCTi Further Information on Corbin Road It is my underi-r-anding that council Member Coct had a couple of questions about cuibin Road; namely the average daily traffic count including when we counted and, secondly, how we arrived at the $950,000 cost for the bridge. The traffic was counted on March 8th and 9th, 1994, from 9:00 a.m. on Tuesday to 9:00 a.m. on Wednesday, was 175 vehicles. If you use an average of ten daily trips per residence in this area and since there are eight houses, that would be 80 of the 175 trips. The remaining 95 trips could be -;mployees of Peterbilt and Tetra Pak or other people using the road. If it were all employees, that would mean 42 trips to Tetra Pak and Peterbilt and obviously, 42 trips away at shift changes. The second question had to do with the cost of the bridge and how we arrived at those figures. To get to the numbers, staff used the existing construction requirements in our drainage regulations. The bridge has to span the 100 year flood plain and also have one foot of clearance above that 100 year flood level. This bridge crosses a main branch of Hickory Creek which is the largest of thn three major flood plains in Denton. The flood plain at this iov water crossing is 350' wide so we assumed the length of the budge was 350'. We also assumed that it would be 30' wide which would allow for two 12 1/2' lanes, a guard rail on each side and 4' of walk. obviously, the bridge could be narrower if the walk were eliminated. Using the 30' of width and the 350' of length, that equates to 10,500 square feet of bridge area. The costs per square A foot of bridge range from $35-$75 per square foot. Those figures 0 0 are a couple of years old. Believe it or not, in terms of brid--es, this is not considered to be a large bridge; and because of the span length and the need for piers, the staff used $50 per square foot for the bridge. "Dedicated to Quality Service" -1 71 O { • i ATTACHMENT 3 - Page 2 ofl ~J8pt1ANOlz.__ - Lloyd V. Harrell January 10, 1995 A~ulllaiiUC1._ Page 2 g~ The multiplication of this $50 per square foot times the 10,500' square feet equates to $525;000. In addition to that, you have to reconnect the road on eFc1i end. We estimated that at a very small number of $50,000 making the total $575,000. Finally, staff does not have the expertise to do the bridge design work. Again, we used a very low number of 15V for the design for the oridge making the engineering cost $85,000. That makes the bridge cost equate to $660,000. Additionally, since we would have to issue a debt instrument, we assume that it would take us some time to do that and there are issuance costs. For the CIP program, we use 5k inflation per year, and since this is considered a new project, it is also figured as being five years away. Therefore, inflation cost would be about $165,000 making the total $825,000. Issuance cost is about 5% or $40,000 making the total $865,000. It still does not leave any contingency or anything else. Thus, we have been using the cost of $950,000 to $1 million. C.= final note, the bridge could obviously be shortened in length, but :t would necessitate being built higher and much more road work. When we do that, we then begin to incur costs that roughly equate to original square footage costs so we think the $950,000 for a rough number is appropriate. If you or the Council has further questions, we would be happy to try and answer them at your convenience. i Rick Svehla- i Deputy City Manager RS:bw AMM0061A Cc: Mayor and Members of the City Council J1J Jerry Clark, Director of Engineering/Transportation 1 Harry Persaud, Senior Planner e G3 e i .,DENTON i I o~oooaoar~oooQO ooz G G a 0 ~ a o o n cz] ra 0 Ua ~ O voQ ~ r ° ~ ~ ODO ~ oooa No ~ 0000 ~ i ITS' • • COUNCIL e o • • ~erdaNo~O¢.~ a~eodaE(~n.~~`- (r~ 1 c1b Z,8 DATE: January 17, 1995 ~~TY COUNCIi, PORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hickory Creek Estates Exaction Variances f RECOMMENDATION: P&Z recommends approval of the variances to Section 34-114 (5) (perimeter street paving) and 34-114 (17) sidewalks conditioned on the developer, completing $37,800 in improvements to Jim Christal Road, or in lieu of having the street improvements completed, the developer may provide $37,800 in cash to the city, who shall complete such improvements, SU14MARY : The developer requests an unconditional variance, or that $37,800 in improvements not be made. Sections 34-114 (5) and (17) requires that 29 feet pavement ~ to city specifications and a "borrow" ditch for drainage and sidewalks be built along Jim Christal and Egan Road adjacent to the proposed development of 7 very large residential lots. See Attachment 1. The cost of these improvements is estimated at $315,240. I i P&Z felt such cost would not be justified for the traffic created by 7 houses, and that a roughly proportionate, reasonable exaction would be to improve with patching or • overlay the existing streets in an amount equal to the cost to an average lot. The property is zoned A, Agricultural. While schools and churches are allowed in A zoning, development of 7 houses is anticipated. • The staff report to P&Z is attached. • The petitioner's application and justification for tho variance is attached to the P&Z staff report. • an qo w'u No.,, 5. 00,3 City Council Report r, `L January 17, 1995 Page 2 The criteria for the variance is as follows: (b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, t:o the city council, Waiver of developmental exactions shall be approved by the city council. Council options: 1. Approve unconditional variances. 2. Approve P&Z recommendation. 3. Approve variancos with different conditions. 4. Deny the variances. 5. Delay consideration. BLCKGROUND: P&Z consider the variance and preliminary plat on January 4, 1995, PROGRAMS DEPARTMENTgOR CBUUPS A FECTED: Developer and users of the subdivision and Jim Christal and Egan Road. FISCAL IMPACT: None to $37,800 or $37.5,000, i Respectfully submitted: i Lloyd Harrell, Cit Manager , ! • 4 f d. ~ , t`• r ii"`,}\ tr ~~'..;~lt~ t}rA;up.d'!'4`q~,vi?~7~„ • r .~{eotl~No~- City Council Report AyCdS'G iCA January 17, 3,995 Page 3 Prepared by; Frank H, obbins A P Executive Director Planning and Development 1 ATTACHMENTSr 1. Staff report with (1) location map, (2) location and preliminary plat notes, and (3) applica,-ion. 2. P&Z Minutes. I i • * • • exxowtt ♦1 1 1 \ I 1 ~1 1 of ! E~~ j t ~ 1 f U ~ U ~ l • ~ W~~;, Ufit', • t- ~ Ag~utluii~o(r.~_ I ATTACIII'ENT 1 ua%Z$ CITY or DENTON, TEXAS MUNICIPAL BUILDING @ 2f S E MCKINNEY o DENTON, TEXAS 76201 (817) 566.8200 # DFW METRO 434.2529 MEMORANDUM DATE: December 26, 1994 TO: Planning and Zoning Commission FROM: David Salmon, Senior Civil Engineer SUBJECT: Exaction Variances for Hickory Creek Estates Henry Beckman, owner an3 developer o.' Hickory Creek Estates located on the northwest corner of Jim Chrigtal Road and Egan Road, has applied for exaction variances to Article 34-114, Section 5 (Perimeter. Street Paving) and A)-ticle 34-114, Section 17 (Sidewalks). An exaction variance is a variance based on reasonable benefit to the development and proportionality. It is not a variance based on the 5 criteria that we are familiar with mainly dealing with physical characteristics of the property. The cited articles and sections require the developer of this tract to provide perimeter paving and sidewalk a'.ong the entire frontage of the property being platted. Perimeter paving is a 24 foot width of 5 inch asphalt or concrete pavement on a l',Ae prepared subgrade. The standard sidewalk requirement is a four foot wide, four inch thick concrete section. If the standard requirements are applied to this subdivision, the street and sidewalk improvements would cost $262,700 and $52,540 respectively. This breaks out to $43,035 per lot. Staff feels • that one lot (10 vehicle trips per day) does not warrant over $45,000 worth of road and sidewalk _mprovements. If one compares this with the cost of providing street and sidewalk improvements for average size lots in Denton (SF-10), it is over 8 times as much. Street and sidewalk improvements for an average SF-10 lot would run $4,500 and $900 per lot respectively, (This assumes there is one corner lot as is proposed in the subject subdivision.) © For a 7 lot, SF-10 subdivision, street and sidewalk costs would run • • $37,800. / AF.E00499 "Dedicated to Qualit , S'en ke" 1 I • P & 7 Commission A{~811Q81~0. `3 Exaction Variances for Hickory Creek Estates Agondulto page 2 fkita- ~ X15 ZR Staff re-ommends a variance from the standard ordinance requirement with the condition that the developer provide $37,800 worth of road repair and maintenance on Jim Christal and Egad loads. The type, location and method of improvements would be determined prior to final plat approval. This is in line with development costs for a more typical subdivision. Also in support of the $4,500 street cost per lot is that coincidentally, the City of Frisco charges developers $4,500 per lot for street impact fees. We are suggesting that the $900 per lot normally used to construct sidewalks would better serve the development by being rolled into the street repairs and maintenance. It should be noted that both Jim Christal Road and Egan Road are old seal coat roads and are currently maintained by the City of De.zton. The addition of seven lots will increase the traffic in the area by 70 trips per day on these roads which now experience relatively light traffic. Davi4Sa o n I i i i i ABE00499 ddd 9t t 41 {y ~ ~ 1 Fr f~ ri ~Afu r4{ • • Ago 70 No _ Aga7G'~Ilp;r s o0P 38fto I.H. 35 C. Ok, ~ D~'IV1bJN SITE LH. 35C I.H. 35w VICINITY MAP AF.s, 3 1 i 7 1I • ~ ~ 1 ~ I 'i r f i 1 t'r is • i. I..°'.~ ~ rt ~ i'~J. +qh ,~:,f;;.;~w,}..',~t3 ~ ?r`4Y~ ,l i • • • » dl It I •~liw ~ }I~IIw ~ f r/.. t 111 i'r or,, w f r~•f 1 wV'Iw nl~"y w 1 \J\ •1 r h • 1 r N 'ar,'• for '1 ~ .1 • MART IIS1rRAGT \11LQj.Y ~ \ ~ ~ 11 _ ~ \ ~ ~ Jtl~a~ \ for a w. 'r 1 tV HO ORY CREEK GARY PLAT I IV t.r. • L ca • CITY OF DENTON { APPLICATION FOR VARIANCE SUBDIVISION AND LAND DEVZ14PMBNT RLf3UL11~'I01f8- -u.. P_.. Name of proposed plat _ ~+'~p►2y Lr From what article of the Subdivision aa! Land Development Regulations are you requesting a variance? Fi-. ~,~w BLYhilrl Telephone ~ ip ~Z1 tl ~+~}»„r Address City/State/zip _sr Date / - ' - Fee Paid Petitioner must provide the rationale for the variance using the following five criteria, (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty) (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought I • and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owne distinguished from a mere inconvenienc!}"~~ u dsult, as of these regulations is carried out;r;•~•d>Ct letter • o•~.c r-oR i ~ o , • o? • ~gendaNo Q3__. Variance Application Continued AIX)JalfOn Page 2 ll_7Ic__ _ n ` j_ q5_ 909es (t) ZThe oning' Ordinance,nDenton nDyevelopment Plan, pMaster o Plan, for Studies, (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. or, If the variance is fr>m an exaction (eq. road construction, right- of-way dedication, drainage improvement - a public and/or dedication to the public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning commission by the city council. MOTat Request must include the followings I. Completed application (one par variance), II. $175.00 fee. III. Copy of proposed plat and location map. °lynacureVOf Applicant ` to a r Y f • rt f ( 2 T `~ti ITY- • w `~U~ndaNo ~b-U03 ~J+'~~!lalfom~ HICKORY CREEK ESTATES VARIANCE REQUEST SIDEWALKS JIM CRUSTAL ROAD IS LOCATED IN WESTERN DENTON CITY LMTS. HICKORY CREEK ESTATES IS WITHIN 8000 FEET OF THE NEAREST WATER LINE IF DRAWN OVER AND ACROSS OTHER PROPERTY IN A DIRECT LIVE. HOWEVER, FROM THE TWO WESTERN MOST WATER LINES NEAR THE DENTON AIRPORT OR ON HWY 380 NEAR RANCH ESTATES, THE ACTUAL FOOTAGE TO RUN WATER LINES WOULD EXCEED THE 8000 FEET BY WELL OVER 1000-3000 FEET DEPENDING ON WHICH LINE YOU CALCULATE. THE MAJORITY OF THE 138 ACRE SUBDIVISION FROM EGAN ROAD WEST IS LOCATED IN THE 100 YEAR FLOOD PLAIN. GRANTING OF THE VARIANCE WOULD NOT IN ANY WAY BE DETRIMENTAL TO THE PUBLIC, SAFETY, OR INJURIOUS TO ANY ADJOINING OR NEARBY PROPERTY OWNERS. r THE CHARACTERISTICS OF THIS RURAL SUBDIVISION ARE UNIQUE AND l WOULD NOT HAVE ANY NEGATIVE DAPACT ON ADJOINING PROPERTY. 'CHE PHYSICAL LAY OF THE LAND, THE FLOOD PLAIN, TREES, AND AGRICULTURAL SETTING DO NOT MAKE AN IDEAL SITUATION FOR SIDEWALKS. THE SIDEWALK ISSUE WOULD IN FACT PLACE THE OWNER IN A FINANCIAL HARDSHIP AND WOULD JEOPARDIZE THE DEVELOPMENT. THE VARIANCE WILL NOT IN ANY MANNER, VARY THE PROVISIONS OF THE ZONING ORDINANCE, DENTON DEVELOPMENT PLAN, MASTER PLAN, ETC. THE VARIANCE REQUEST IS NOT A RESULT FROM NOR, WAS CREATED BY THE CURRENT OR ANY PRIOR OWNER. • fI 9 ~11 i t • • t}; i) ~ 1ttI7_ilf y~' il~lli ,.iwti~~f'~'' • w • CITY OF DCNTON A•r10iEt^NO _ - ~p APPLICATION FOR VARIANCE 1- BUGDIVISION AND LAND DEVELOPMENT REGULATIONS`' p? Z$ IAVn~y~ v~ ..r Fftoftwbatnarrticle osed plat of the Subdivision and Land Developaen- t are you requesting a varianoe? f~-~iY1f=7L~7'Z ~s►-✓iNb ~']~~K~( C~J7Y2rS~~ n , Petit#o33 He7u2}~ W t3 Km,+i/ Telephone 2i 3efM Address Citp/State/zip _ u.,J-6 7F Land Ovner { Address E City/State/zips Date //~zVfct~~f Tee Paid Petitioner must provide the rationale for the variance using the following five criteria, (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- perty; (2) The conditions upon which the request for a variance is based • are unique to the property for which the variance is sought and are not applicr,Dle generally to other property; Because of the particular physical surroundings, shape, or particularca hardship onto of tthe he spownerc would tyresvoly, ed, a distinguished from a mere inconvenience, if Ult, er ,e of these regulations is carried out;e,&trd@E.1~ltt • • FOR • w • Variance Application Continued x;lVaNO - 0i,3,.,.~ Page 2 (4) The variance will not in any manner vary the provisions of Z~ Zoning Ordinance, Denton Nvelopment Plan, Master plan, the Studies, or (5) The special or peculiar conditions upon which that re based did not renult from or were not created b or any prior owner's quest is action or omission, y he owner's or, rf the variance is from an exaction (eq. road construction right- of-Way dedication, drainage improvement and/or dedication to the Public) a public im ' ment exaction pursuant to these , theimposition of an n d velopment regulons benefit to the (1) exceeds a excessive constitute confiscationtOf the tract beinis sO y reasonable excessive as to 9 platted, Waiver of developmental exactions shall be considered after a j recommendation from the Planning and Zoning commission b council. y the city MOTE: Request must include the followinq; 1. Completed application (one per variance), j Ir. $175.00 fee. uz, co ~ py of proposed plat and location map. Signature If Appican, Dete j I • i r. ~T 11A J.. 0 4 - - - - - - - - 0 a $Z 8' HICKORY CREEK ESTATES VARIANCE REQUEST SIDEWALKS JIM CHRISTAL ROAD IS LOCATED IN WESTERN DENTON CITY LIMITS. HICKORY CREEK ESTATES IS WITHIN 8000 FEET OF THE NEAREST WATER LINE IF DRAWN OVER AND ACROSS OTHER PROPERTY IN A DIRECT LINE. HOWEVER, FROM THE TWO WESTERN MOST WATER LINES NEAR THE DENTON AIRPORT OR ON HWY 380 NEAR RANCH ESTATES, THE ACTUAL FOOTAGE TO RUN WATER LINES WOULD EXCEED THE 8000 FEET BY WELL OVER 1000.3000 FEET DEPENDING ON WHICH LINE YOU CALCULATE. THE MAJORITY OF THE 138 ACRE SUBDIVISION FROM EGAN ROAD WEST IS LOCATED IN THE 100 YEAR FLOOD PLAIN. GRANTING OF THE VARIANCE WOULD NOT IN ANY WAY BE DETRIMENTAL TO THE PUBLIC, SAFETY, OR INJURIOUS TO ANY ADJOINING OR NEARBY PROPERTY OWNERS. THE CHARACTERISTICS OF THIS RURAL SUBDIVISION ARE UNIQUE AND l,. WOULD NOT HAVE ANY NEGATIVE IMPACT ON ADJOINING PROPERTY. T14E PHYSICAL LAY OF THE LAND, THE FLOOD PLAIN, TREES, AND AGRICULTURAL SETTING DO NOT MAKE AN IDEAL SITUATION FOR SIDEWALKS. THE SIDEWALK ISSUE WOULD IN FACT PLACE THE OWNER IN A FINANCIAL HARDSHIP AND WOULD JEOPARDIZE THE DEVELOPMENT. THE VARIANCE WILL NOT IN ANY MANNER, VARY THE PROVISIONS OF THE ZONING ORDINANCE, DENTON DEVELOPMENT PLAN, MASTER PLAN, ETC.. THF. VARIANCE REQUEST IS NOT A RESULT FROM NOR, WAS CREATED BY THE CURRENT OR ANY PRIOR OWNER, • C I • ~rnz No Exrepfions fo perimeler slreef,UgWaAP The provisions of this section ru. quiring the improvement of existing unimproved perimeter streets to city spec. ifications for new streets shall not apply to the following; 1. A plat for a single-family residential tot, where such lot is not past of a larger general scheme of development or subdivision of land containing more than one (1) residential lot; 2. A development that abuts one hundred (100) or less feet of an existing pe• rimeter street, where the existing oft-site perimeter street on either side of the abutting perimeter street is not improved to city specifleations and there C are no proposals or plans for improvements to the perimeter street on either side of the abutting perimeter street as evidenced by the city's capital im- provements plan or plats approved or pending approval; 3. A development which: I. Is not required or does not propose to extend a city water Ilne to the property to serve the development; Md ii. Is located more than eight thousand 8,0001 feet from an existing city water line, measured &Iona a straleht line from the nearest bound of f V the development ~o th~gnearest water Ilea or A state or federal highway. • 3 ..r.+....~...-•._......a~..pr....._. W . • r~...ri~J41a1'JJ-~•~•.:u +wvw.°..... , i n 1 e • ATTACHMENT 2 MINUTES PLANNING AND ZONING COMM188ION ~5~ l 8 January 4, 1995 Siecial Call Meeting of the Planning and Zoning Commission of the CV.y of Denton, Texas will be held on Wednesday, January 4, 1995, and beqan at 5:00 p.m. in the City council chambers,, 215 E. McKinney, at which the following items will be considered: Present: Mike Cochran, Richard Cooper, Katie Flemming, Mary Evelyn Huey, Richard Norton, Barbara Russell, Ellen Schertz Absent: Present from Staff: Frank Robbins, Executive Director Planning and Development; Mike Bucek, Acting City Attorney; Owen Yost, Urban Planner; David Salmon, Senior Civil Engineer; Gerald Cosgrove, Engineering Administrator; Jerry Clary, Director of Engineering and Transportation; and Chris Rodriguez, Secretary. Ms. Russell: Meeting called to order at 5:05 p.m. I. Hickory Creek Estates. 139.875 acres proposed as Hickory Creek Estates, located on the north side of Jim Christal road, immediately west of Egan Road, a. Consider exaction variances for Hickory Creek Estates concerning perimeter street and sidewalk improvements. Mr. Salmon: Aadam Chair and members of the Commission, Henry Beckman, the owner of the subject development located at Jim Christal Road and Egan Road, has applied for exaction variances of Article 34-114 Sections 5 and 17 of the Code of ordinances. Those particular sections refer to perimeter paving and sidewalk requirements for developments. Because our variance process is still relatively new I would mention • that this is an exaction variance which is a variance based on the need that is creaced by the development and deals with issues such as proportionality and expense as opposed to physical criteria that we have used on prior variances. Cited articles require the developer of this tract to provide perimeter paving and sidewalk along the entire frontage of his development. Perimeter paving is the installation of a d minimum of twenty-Four feet of pavement. In this case because • e the development is residential in nature and in a low density area that pavement would not be required to have curb and gutters. So what we are talking about is twenty-four feet of pavement five inches thick. of course normal sidewalk • • is • P & Z Minutes January 4, 1995 l' ] c_ 1' h Page 2 1- 1 - -II J rbd~Z$ requirements would be four foot wide sidewalks four inches `.hick constructed of concrete. As you can see by the plat there is an unusually large amount of frontage on t)A s particular development considering that you only have eight lots. In fact there is nearly a mile if you add up both frontages. If you apply the normal paving and sidewalk requirements to this property the cost would be close to three hundred and twenty-five thousand dollars. That breaks down to about forty-five thousand dollars per lr.t for paving. I don't think that anyone would disagree that spending forty-five thousand dollars per lot to install street and sidewalks would be a very proportional type of exaction. In fact, depending on the price of the property it might even be considered a confiscation of the property because it is such a high amount of money. The staff took a look at this as if it were just a normal eight lot development in town and took the average lot size as ten thousand square feet. We have estimated that the sidewalk and street improvements would be about thirty-eight thousand dollars. This breaks down to about fifty-four hundred dollars per lot. The staff proposes that instead of the developer doing the normal requirement--, as the Ordinance states, that a variance be granted with the condition that a certain amount of road improvements be made that would be equal to a normal development with eight lots, which would be thirty-seven thousand, eight hundred dollars. We will define exactly what repairs would be done to the road prior to final plat approval. We looked at some impc-..;t fees in other cities in regards to roads and as a matter of fact the City of Frisco charges forty-five hL.ndred dollars per lot for street impact fees. This made us feel comfortable that we were in line with what we thought it would cost to build streets for a normal. lot. We feel comfortable with the figure that we came up with in regards to improvements for Egan and Jim Christal Road. We also thought it might be more appropriate to take the money f{ that would normally be spent on sidewalks and roll that into • the road cost thinking that this would do the development a lot more good than it would to put some kind of side.-alk improvement out there. I would like to mention that Mr. Beckman has sold two out of the eight lots and he has some representatives here tonight that may be able to shed some more information on what has occurred out there up to this point. Apparently we have two lots that have sold and from • what we understand and they have been closed on without the • • benefit of platting. It should also be noted that Jim Christal Road and Egan Road are currently maintained by the J city and this property that we are talking about is inside the city limits. This particular development will add seventy trips per day on these roads which currently have pretty low j • Q • Q) r P & Z Minutes January 4, 1995 __*ffiL Page 3 .1. LALLF5 17 Op sf traffic volummes. One of the reasons the staff thinks that it is appropriate to get some improvements at this point in time is that in order to build these seven houses it is going to require large vehicles to travel this road and this particular road is not constructed to handle this kind of traffic. We would propose that some repairs and maintenance be done to the roads to help them withstand traffic that will be incurred while the homes are being built and also help support the additional traffic when we have seven homes built out here. I will be glad to answer any questions that you might have. Ms. Schertz: Are you comfortable that nine hundred dollars per lot would be sufficient for the improvements on the roads for future use? or is this an off-set to road improvements or is this going to make it adequate for years to come? Mr. Salmon; We are talking about fifty-four hundred dollars per lot. I suspect with this amount of money that what we would be able to accomplish Could be quite a bit of patching and maybe some over laying. Certainly this is not a real long term fix but considering we have seven lots spread over one hundred acres the traffic impact is not going to be high. There is going to be an impact and that is why we are recommending there be some road improvements done. I don't think we are talking about major long term improvements, probably more repair and maintenance. Mr. Cooper: What is the average size of these lots? Mr. Salmon: They vary quite a bit in size and range from six acres to the largest which is roughly fifty-four acres. Mr. Cooper: These being very large lots, why did you compare them to the size of an SF-10 lot as opposed to something more like an SF-16 lot? I would think that the cost would be more representative with a larger lot for sidewalks and street frontage then it would with SF-10. Mr. Salmon; We just tried to use an average lot and a ten thousand square foot lot was average within the city. If you went with an SF-16 lot you are looking at an increase of maybe twenty-five to fifty percent of the thirty-eight thousand ® dollars. . • Dr. Huey: If those lots had been smaller would the estimated assessment per lot have been greater? Mr. Salmon: Probably not. I tried to come up with a figure i • ~a 0 P & Z Minutes P r January 9, 3,995 Page 4 I d~ ~8 per lot so that if they were going to have thirty lots I would have multiplied the fifty-four hundred dollars by thirty. You would have three hundred trips as opposed to seventy. Each single family lot, according to our traffic manuals, creates ten traffic trips regardless of the size. Dr. Huey: Your recommendation is the elimination of sidewalks altogether? Mr. Salmon: We feel that nine hundred dollars a lot, which is the figure that we have recommended, be applied for sidewalks . . . considering the length of the frontage I don't think that they could build anything resembling a sidewalk for nine hundred dollars and so we think that this development would benef4c more by adding that to the street improvements. We are recommending that it all be put into the streets and that we not do the sidewalks on this particular development.. Dr. Huey: Other than fiscal considerations what is your thinking about eliminating sidewalks? Mr. Salmon: Well for one thing, they are dedicating e,'-1itional right of way on both Jim Christal and Egan Road. In fact more right of way than what would be necessary on Egan Road. They are dedicating quite a bit of right of way that people can walk in. Also as you can tell by the plat they are dedicating a very large amount of flood plain property as drainage easement. Someday that is probably going to become part of Denton's greenbelt and bicycle pedestrian system. Dr. Huey: Can you address the business of reconciling that with our concern for establishing a uniform sidewalk requirement throughout our city? Mr. Salmon: I guess I would go back to the fact that these lots are so large. I certainly am an advocate of having • sidewalks throughout the city and in most developments. I guess deep down there should be some kind of pedestrian access here. But just trying to be realistic and practical instal- ling a sidewalk along this entire frontage would be extremely expensive and the cost per lot for the sidewalk would be very high. I don't know that it would be proportional to the type of development that is being done here. Putting in fifteen to • twenty thousand dollars of sidewalks for just one or two a • houses is a pretty high price to pay and I don't know that it is practical. Ms. Russell: Is this development similar to areas that are 0 0 • • P & 2 Minutes January 4, 1995 Page 5 F somewhat rural in nature like Ranch Estates? Areas that are so rural in nature that, because of the size no one want a big back yard like these are going to be, so that might be the nature of it? It would just be a rural type, horse type or something oriented toward this? Mr. Salmon: I want to be careful because we do require sidewalks in estate type subdivisions. When you have lots that are around an acre in size I don't think that it is lots that are seven to fifty-four acreseinPsiare ze, talking folks in this situation are probably not going to be doing a lot of walking. There is nothing near them. These are very large lots and there are only eight. Ms. Russell: At suck. time that this area is fully developed and there are homes everywhere out there and it is necessary to have sidewalks what would be the procedure then? Mr. Salmon: At some point in time if this property was replatted into smaller lots we would look at this whole road and sidewalk issue again. or if there were enough residents in this area and the street conditions or sidewalk needs became a problem, since they are in the city, they would be able to participate in the Capital Improvements Program. I would assume therefore that through either of these methods there would be some street and sidewalk improvements done. Dr. Huey: Mr. Salmon, in the ordinary course of events, once this variance is granted it is permanent is it not? Mr. Salmon: It is permanent for this development. That means that they can go out and file this plat and do these improvements that we have recommended. They would get their building permits and we would not address this issue again until. it was replatted or at such a time when the city has to • go out and repair something. Dr. Huey: The City would have no recourse at its' own initiation? Mr. Salmon: No, only if someone came in to replat it into smaller lots and then we would probably be back here again. , • • a Ms. Schertz: What is the nearest residential subdivision to this site? Mr. Salmon: Ranch Estates is the nearest subdivision. That's • • P 6 Z Minutes A, i h1~j LR January 4, 1995 Page 6 1 probably two miles from this development, Ms, Schertz: So the probability of usage out there increased usage out there could happen in the realistic € future, not thirty or forty years from now but possibly five I years from now. Mr. Salmon: There already are some existing residences out there on very large acre parcels and I understand there are some things going on in the county and in the ETJ areas. There are some proposed subdivisions. There is some activity out in that area. This is not the only thing going on out there. Ms, Schertz: I certainly understand that the sidewalk costs are prohibitive, with children riding bicycles and what not is there not an alternative to sidewalks? For example, a gravel paved area? I know that when people build houses and they don't want the expense of a concrete driveway they sometimes use gravel. Has that alternative even been explored? or is it not reasonable? Mr. Salmon: That is one thing that we could look into and see what it would cost. As part of the improvements to this we could see about maybe installing a gravel shoulder on the north side of Jim Christal Road and the west side of Egan Road adjacent to this property. Right now there is not a shoulder on that road so it certainly would be safer to walk along if there were a shoulder. That is a possibility, it might take some fill dl.t and some gravel. I can't put a figure to that right now. Br, Huey: Mr. Salmon do you have any information about the selling prices of these lots? Mr. • ntativemhere tonight , and they may applicant cling to share that information with you. Ms. Possell: You made a comment that the lots have been sold without benefit of platting, Mr. Salmon: That is what someone has told us and I haven't • verified that. • • Ms, Russell: Any other questions? Would the applicant like to speak at this time? i • Ga r w G 03 P & Z Minutes lni January 4, 1995 f , Page 7 21 d~ t9 Mr. David Vanderlaan: I am not the applicant but I am David Vanderlaan and I talked the applicant into this so I feel that I should get up and say something. My address is Denton Texas. The hundred and thirty-eight acres that we are proposing in this we designed with a lot of thought and consideration to do a rural subdivision. We have about fifty percent flood plain in this. That is Hickory Creek that runs through there and to get enough up land where we could do a home site and to have some up property as well as taking in the balance of the flood plain. We tried to lay out some lots that made sense to us to develop this thing out. The purpose is single family residential where people can have their horses and enjoy the country. It is harmonious with what is across the street which is another ten acre type subdivision that is not platted and has gone in recently. We are asking thirty-five hundred dollars per acre, except for the fifty- four acre lot which will be Mr. Beckman's. The sidewalk and the perimeter street paving issue is an issue that we take exception with mostly because of cost. We have proposed deed restrictions than. we are going to put into this. We are going to give . . . as far as the easement there along the creek to the city, we are also providing riding trails for the area people who live in here as well as other people who want to come in there just for some riding trails. The sidewalk issue is a problem nut only with cost but the fact that as soon as you cross Egan Road going west on Jim Christal you are going to be in the flood plain. There is no way that you are going to get a sidewalk to stay there with some of the heavy rains that we have. Perimeter road paving I understand is a position of the city and we would love to have ne,,, streets there. I am the one that acquired Lot 2 and I would like to have this. Speaking on behalf of Mr. Beckman though, if the issue comes up of the thirty-eight thousand this deal is going 1 to go south because of just the financial obligations of doing that. I think this issue revolves around the eight thousand • foot perimeter from where the nearest utility lines are and it basically cuts right across the eastern portion of this. it cuts into Lot 5 which is the fifty-four acre lot, on the extreme eastern portion and takes in the two lots on Egan Road. We went to the offices and staff measures this by a straight line. So wherever the utility lines are you measure a straight line of eight thousand feet. Where if you were to • actually lay these lines you would buy the easements and go up • • the road and then cut across. What we calculated based on the city's utility maps is eleven thousand, three hundred feet up to Ranch Estates where the closest water line is. And it was nine thousand sixty-five feet down by the airport. We feel that we are outside of the eight thousand feet in the • ~ c> 0 ~Ln, Januaryi4, 1995 P,ri fz 4 Fri n Page 8 realistic world of how you are going to have to bring the lines in. If you looked at it from that perspective is my understanding that the sidewalks and perimeter road paving would not even apply. So when we found out about this we decided to ask for the variance. We felt that we were really outside of that eight thousand foot issue and the financial issues would shut this thing down. The concept of this thing and what we hope to keep here is what we have in place. We haven't finalized the deed restrictions to prohibit anybody from subdividing but because of the terrain here I don't see how you are going to do it. We have spent a lot of time with the engineers trying to get this thing figured out and you would have to just go out there to see what we are talking about. Ms. Russell: Does anyone have any questions of Mr. Vanderlaan before he leaves? Mr. Hank Beckman: My name is Hank Beckman and I live at 4618 Heatherbrooke in Dallas. Actually what we did here is that the average is twenty-five acres per lot. The flood plain area costs money and you can never sell flood plain for the price that you want to sell it for. We tried to work with the topography of the land. Every home site will actually be a private home site. There will be flood plain down at the bottom and then you have trees and the creek. Through the creek area and the treed area we are going to give a hundred foot easement for the city. We are going to make riding and walking trails that every one who owns a lot here will be able to use. This is really a rural area. The lots on Egan Road are smaller lots because of the flood plain. We are not selling for a big profit. We are trying to get a grow together that want to live in the country. This is a rural piece of property that happens to be in the City of Denton. The piece going east is outside of the city limits and the pieces going north and south are also outside of the city limits. I don't know why this is in the City of Denton but it is. The roads going down there do not fall within the eight thousand foot unless you go straight as the crow flies. This area down here is in the eight thousand foot area but the rest of it going west is not. To lay the lines from the airport it is over nine thousand feet and from Ranch Estates it is over eleven thousand feet. we are trying to have a nice clean 0 0 A area. We are going to build something that will be nice for Denton and bring some tax money into Denton. There will be some tax benefits coming out of that. As far as the road issue that David mentioned the cost . just to the south of this road in the ETJ the land has all been platted and people • • P & 2 Minutes la_ January 4, 1995 PkI Page 9 „ w have built out there and they are not paying for the road to be improved. The people on Egan Road are not paying for any of the improvements on the road. I guess I am the guy that has to pay. We just take the variance, the two exceptions to that. The gravel ould be hard to maintain because of the topography. Most of the bikers out there just use the back roads out there. There is not going to be a lot of housing out here because y)u are too far away from the city utilities. The city is actually growing to the south and not to the west. That development: is what you are going to see out in that area. Dr. Huey: What about your plans for water and sewer access? Mr. Beckman: Water and sewer are too far away to bring in to this development so the lots will have septic systems and there will be wells. Ms. Russell: Any other questions? Do we have any further questions of staff? Mr. Salmon: I would like to make a couple of clarifications. First of all 1 gave you a copy of an ordinance that talks about this eight thousand foot rule in your backup. It is pretty clear that the eight thousand feet is measured in a straight ling, from the nearest boundary of the development to the nearest water line. That is simply what we have done. A portion of that development falls within that eight thousand feet and that is why we are here. If it didn't fall within the eight thousand feet there would not be an issue. The other thing is that there is some subdividing going on to the south of this property, however that is in the ETJ and not within the city limits. According to state law, in the ETJ if you are dividing into lots of five acres or larger platting is not required. You can divide property and sell it in five • acre parcels or larger and not plat if you are in the ETJ. This property happens to be in the city and that is why they are platting. Ms. Russell: Commissioners any discussion? i Mr. Cochran: Madam Chairman we have heard some interesting • comments and ones that I agree with concerning the importance ' • of sidewalks in our community and planning ahead. I feel that in this particular situation, this being essentially ranchettes in the country I hope I an not being too short sighted by looking favorably on this request for a variance for sidewalks. I hope that at some time this does not come • 0 • ca • P & Z Minutes pG January 4 1995 Page 10 j t_ 1 .-1~ EI A 1 !t back on the city. I feel that due to the size and due to the distance from the city I move that we grant this request for a variance for sidewalks for Hickory Creek Estates. Mr. Morton: I second. Ms, Russell: Any discussion? Mr. Robbins: I need to clarify what you are voting on. In other words what the staff is recommending, there are really two options on the table. The applicant has asked for a complete variance, in other words that lie would not have to build any of the sidewalks or the street. The staff has recommended a partial variance or a variance with a condition. The condition is that rather than building a sidewalk and paving the perimeter street that thirty-seven thousand eight hundred dollars go toward street improvements. That is really a condition variance that you would be recommending on to the Council. Mr. Cochran: I would like to make it clear what I am making a motion for. My motion is that this include the staff recommendations. Ms. Russell: Is that the intent of the second? Mr. Norton: That is the intent of the second. Ms. Russell: So we do understand that the exaction variance be granted and with the figure used of thirty-seven thousand eight hundred dollars by the staff for road repair and maintenance. Mr. Cooper: My question is I see how this figure was arrived at, but it is somewhat arbitrary in my mind because they are using some comparisons that I don't know if it should be less or more. What is the developer getting if he is assessed this amount of money? Is there something that guarantees him that he will actually get that level of improvement out of that assessment? Mr. Salmon: The developer may be able to either contract the B improvements himself or there is a possibility that the city may do the repairs and bill the developer. We haven't worked through those issues yet. This is a situation like any other subdivialon where typically the subdivider hires a contractor and does the work. Tonight we are looking at the preliminary plat and by the time the final plat is presented these issues i r • tp • U P & Z Minutes January 4, 1995 ,f t6_A~ 1A Page 11 Z-g r 25 will be resolved. We will have decided what type of improvements will be done with this money and it will not be arbitrary by the time we get to the final plat. Mr. Cooper: I guess my concern is that the figure that was arrived at'. was not based necessarily on an actual scope of work to be done to improve the road. It was arrived based on some averages comparing with average sized lots and so forth. Do you take the thirty-seven thousand, eight hundred dollars and see how far that goes in terms of making improvements along the road or will there be an actual scope of work? Mr. Salmon: There will be a scope of work determined prior to the final plat approval that will fit into this thirty-seven thousand, eight hundred dollar figure. We will be able to tell you those particulars before you vole on the final plat. Mr. Cooper: Is the developer in agreemr-nt with this.' Mr. Beckman: I think the whole issue here is that if you are within the eight thousand foot area those variances have to either be allowed or disallowed. I measured it and I wish somebody else would because it doesn't measure out to eight thousand feet. It is actually more than eight thousand feet and that is really the issue here. If you take where the sewer and utilities are now it is a thousand foot over the eight thousand feet. What we are really taking is half of that flood plain on up and saying that you are in the eight thousand foot because that is the way the crow flies. I have never seen utilities put in as the crow flies. How do we judge that? I think that is the question here because we wouldn't be going through this if it wasn't in the eight thousand foot area. The second thing, as far as putting up the money, there are people on the other side of me and if I have to put up money I wish that they would have to put it up • too. That's only fair. That way we could get the road done properly. I really think the issue is the eight thousand foot area. Dr. Huey: I need a little more clarification about the significance of the eight thousand feet? What are you giving up or requesting on the basis of that measurement? • • Mr. Beckman: Number one it is a rural area and the road is not in the greatest shape. I think that if you put in a road right now to develop that I don't think there is enough traffic to keep a good asphalt road in shape. You need traffic on an asphalt road or else it will get potholes. The f 0 0 ~ • ca • r r~ P & Z Minutes January 4, 1995 Page 12 26d~Z8' other thing is, as far as the eight thousand feet, it is my understanding that we are here tonight on this variance because we are within the eight thousand foot area from the existing utilities. That is why we have to do the sidewalks and the perimeter paving. I say tha{, we are not in it. If you measure from the existing utilities and follow the road and where you would have to put the easements for the water and sewer it is going to come out an average of ninety-five hundred feet instead of eight thousand feet. Ms. Russell: Mr. Salmon has that been measured? Mr. Salmon: Again it is measured in a straight line. I understand what Mr. Beckman is saying about following the roads. If you follow the roads it certainly is mere than eight thousand feet but the Ordinance is specifically written to be a straight line measured from the nearest boundary of the development to the nearest water line. That has been measured by two people independently and a portion of the subdivision, maybe a fourth to a third of it, is within that eight thousand foot boundary. Ms. Russell: And because a portion of that is in there that triggers the exception to perimeter street requirements? Mr. Salmon: Right, to the nearest boundary of the develop- ment. Mr. Cooper: If none of it was within the eight thousand feet they would not even have to ask for a variance? Mr. Salmon: The ordinance requires that perimeter street and sidewalk be installed. However, if your entire development is outside of that eight thousand foot line, which was determined when the Subdivisions were rewritten back in 1988, It is not required. If you are within that eight thousand feet then you • still need to follow the requirements in relations to street paving and sidewalks. We have a situation here where granted we are out toward the edge but the development is within the eight thousand foot area by one thousand to fifteen hundred feet. So technically they are required to do the paving and sidewalks. A Ms. Russell: So what you are saying is that the variance that r• you are speaking of . . . were not going to say put the sidewalk, put the curb and gutter and all of this , we are going to vary from that but ask them to participate in an Improvement on the road in front of their development. N • P & Z Minutes r(' January 4, 1995 -I - Page 13 Mr. Salmon, We are going to determine what can be done for thirty-seven thousand, eight hundred dollars and that will be done prior to issuing building permits. Ms. Russell: So we are not going to say to them later, "oh by the way that has increased", we are talking about a hard figure? Mr. Salmon: If this is the figure that you recommend to the City Council and then the City Council approves it, then this is the number that we are going to stay with. Dr. Huey: I need some clar'fication about the use of the water line as a defining matter. Is there any planned intention to extend the water and sewer lines to this property? Mr. Salmon: Nit that I am aware of, I think Jerry Cosgrove may be here though to answer tYiat, Mr. Cosgrove: There are no plans to extend the water or sewer to this area. The eight thousand foot rule, I am not sure how it came about, but it i., an ordinance of the city. Basically it is a way of defining the extent of development. D: Huey: What is the City's obligation to extend water and sewer? Mr. Cosgrove: T,.ere is no obligation. The City's obligation is to provide water and sewer service but it is the obligation of the developer to extend those facilities to his property at his own cost.. And in this case here it would not be economical or reasonable to do that for seven houses. Dr. Huey: Why is the eight thousand feet from a water line • the refining boundary? Mr. Robbins: This standard came about as a consequence of folks that could be within three and a half miles of the city limits of Denton and would have to do perimeter street paving on a county road that might not even be paved. So the idea was to pick a standard in ~,hich folks would not have to do the • perimeter street paving that far away from the city before the • city . . . what I mean by the city, if the city's infrastru- cture and the city's financial ability for capital improve- ments as a consequence of development demanding that the city begiv to build capital improvements. So that eight thousand feet is about a mile and U half away, and a development that • d rrrr.rr~rf' • w • . PageZlMinutes"t,,, January 4, 1995 w S~?1? 1 11 VIII far away is so far away from where the city is growing now at densities that require water line and then begin to create traffic that needs the road to be constructed and therefore re came up with that number. In 1987 ft was there and we just latched onto that. Ms. Russell: Any questions of Mr. Cosgrove? Are you prepared to vote on the motion before us? All those in favor of the motion please signify by raising your right hand. All opposed same sign. Approved. (6-1) Mr. Cooper opposed. I A 'x. tt ( a xt I . r P ft 1'iw~ (t ~ +'j i 1 e ~ _ ~CITY~~~= -COUNCI 1. F i 1 v ® 4~ Mr 6 d 0 M. t~ ~ 0 G • ca • 4endaleZE L Agentlalle Date ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the 4 materials, equipment, supplies or services approved and accepted f herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1705 ALL STEWART ENGINEERING SUPPLY INC $ 34,500.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of S the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid 1 Proposals, and related documents, SECTION III. That should the City and persons submitting 0 approved and accepted items and of the submitted bids wish to enter O O 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 :,,all be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. i O , • a • 4?a~dah`o,.~ 'L SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1995, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY :JECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY., { ~~iz.lv~rft.IL{ W~ • - ML_ In DATE: JANUARY 17, 1985 3~ 5 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1705 - LARGE DOCUMENT COPY MACHINE RECOMMENDATION: Council approve award of Bid #1705 to the tow bid meeting specification, Stewart Engineering Supply Inc. for $34,500.00. SUMMARY: This bid was for the purchase of a large document (i. u. construction plan) copier to replace the blueline machine currently used. The lowest bid meeting specification was for a Xerox 3060 Engineering Copier for $35,000 and a $500.00 trade-in allowance on the Dietzgen- Cutlass blueline machine. The two bids received for leas than $35,000.00 were machines that do not reduce or enlarge as required in the bid specification. BACKGROUND: Tabulation Sheet and memorandum from Ran Forsythe dated January 9, 1995. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Engineering FISCAI, IMPACT: Funds are available as budgeted in account 0100-020-0010-9103 with a current balance of $45,121.00. 4es; fully a b fi tted: V. Harre City Manager Prepared By: Name: M lance Harden Title: Buyer Approved: Name:ryTom 5haw,C.P,M, Title: Purchasing Agent 563.Agenda i • a • • !BID NAME LARGE DOCUMENT COPY NEVILL MACHINE T 8TEWART XEROX OOE- NG BRUNING METROLPOLITAN OPEN DATE DECEMBER 20, 1994 BUSINESS ENtl, ENGINEERI 64 VE~MDQIi SUPPLY SYSTEM REPROGRAPH108 4" -i_QUAMTITY - -D'B~ORIPTEON A 1 NEW & UNUSED LARGE ;12,145.00 pOCUMEN7 COPY MACHINE j f9b,000,00 ;97,790.00 ;41,270,00 I =99,095.00 MITA 9646 XEROX 8060 XEROX 9000 2. 1 PURCHASE OF EXISTING INCLUDED XEROX 3000 BLUELINE MACHINE. (ITEM 2 16 PRIDED NO BID $9.770.00 ~ _ $4'600.00 (DIETZGEN-CUTLASS ONLY) TRADE-IN (TRADE IN ONLY) CATALOG - FOR INSTALLATION MODEL 0 4941-9000) & DELIVERY NOLUDING REMOVAL FROM ITEM 1 1 THE CITY OF DENTON +4960,00 PROPERTY (NO R/E) *11S.000.00 1 ~ XEROX 9090 I f -~-=NO BfD 9500.00 OEC (ITEM 2 PRICED FOR TRADE-IN ONLY) (NO A/E) f Oleo ~2pna6y 7,00 .~_b ~ ;I • 4r CITY of DENTOM, TEXAS MUNICIPAL BUILDING 215 E MCKINNEY 0 DENTON, TEXAS 76201s MEMORANDUM (817) 566.8200 o DFW METRO 434.2529 DATE; January 9, 1995 TO: Tom Shaw, Purchasing Agent FROM: Ron Forsythe, Supervisor of Engineering Techs/Drafting SUBJECT: Large Document Copy Machine Bids for the large document printer were opened on Tuesday, December 20, 1.994. The low bidder, meeting specifications, was Stewart Engineering Supply, Incorporated with a bid of $35,000.00 and a $500.00 trade-in allowance for our current blueline machine. We have checked the bid for correctness. The amount we have in our budget is $45,000.00. So, the bid appears to be reasonable. I recommend that the City of Denton accept Stewart Engineering Supply, Inc bid, Please place this on the January 17th City Council agenda. Ron Forayt e • AEE004AB J " edirowd to Qualify Sowh-e" . _ _..,,,,,,.r..,r~... r...r ~...~„~~._..,:•ct~-arr•_• . ~ F ~r I ~ 1 > i!~ }~eY~A y~rb~). a 0 r ' i i FCITY~-- - - '--COUNCI i c ~ t i e 4A 4f ~ O 6 • ~ ~f•r t~ ~0~ ~ ~ G i • p A ApftNO, Dale 1t ORDINANCE NO. _ Grl I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE AND PROJECT FEES AS PER CONTRACT AGREEMENT WITH UPPER TRINITY REGIONAL WATER DISTRICT) AND PROVIDING AN EFFECTIVE SATE. 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 Manager has reviewed and recommended that the Coancil approve the payment of such fee= NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS= SECTION 1. That the expenditure of funds in the amount of X28,307.5- be paid to Upper Trinity Regional Water District is hereby authorized. SECTION Ii. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1995. day of r PUB CASTLEBERAY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: rQ,oim • t. j rr 1 n ~ i ~~~Uw ei+a k~ y ,y{ • i~ ©ndeNo~ A~IL,Ii'','IiGflr DATE: JANUARY 17, 1994 CITY COUNCIL REPORT TO; Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CHECK REQUISITION TO UPPER TRINITY REGIONAL WATER DISTRICT - 528,4'97.50 RECOMMENDATION: We recommend this payment to the Upper Trinity Regional Water District in the amount $28,307.50 be approved for payment, SUMMARY: This payment is for Administrative Fees and Project Fees incurred In the City of Denton's participation per contract with the Upper Trinity Regional Water District for 1995. This is a 50% percent payment of these fees. The first 50% was approved by Council on December 20, 1994 (Ordinance No. 94-236). This is the second 50% payment of these fees. BACKGROUND: Statement and letter from Upper Trinity Regional Water District PROGRAM DEPARTMENTS OR GROUPS AFFECTED: Water Utility Division, Water Utility Customers o the City of Denton. FISCAL IMPACT: Budgeted funds for 95 as follows: Account Number #620-081-0450-8502 $ 3,403,75 Account Number #620-082-0451-8532 $ 3,403.75 Account Number #620-081-0460-8502 $21,500.00 yReap ully sub ed: Harrol City Manager Prepared By; Name: Denise Harpool Title: Senior Buyer Approved: NeT Tom D. Shaw, C,P.M. 'Pities Purchasing Agent 552.AOENUA -..wr..t.w.., R - r wr~w.wa-O1M[J6F'Y Y'1'I^• • • } , 1 I~r~;l 1 1 ~ 1 2~rti r.4lfd~~, ~~\~~j. • • 4jiv;!1 No Q~ RECEIVED OCT 2 0 1994 ova 776 W Main suite 102 r 0 Drnrer 705 - t,m5VIe TX 75067 REGIONAL WATER DISTRICT X2141219 1228 • Far 12141221-9898 October 14, 1994 Mr. R. E, Nelson Executive Director of Utilities City of Denton 215 E Mckinney Denton TX 76201 Dear Mr. Nelson, Under agreements with the Upper Trinity Regional Water District, all participating and contract entities share in tht. cost of administering the District and in the cost of planning for future programs, services, a id projects of the District. This fee, called a "Participation Fee", is calculated according to a formula based on population and was adopted by the Board of Directors on September 1, 1994 as part of the fiscal Your 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. On September 1, 1994, the Board of Directors adopted the 1994-95 budgets for the Sulphur River Water Project. The contract between the City of Denton and the Upper Trinity Regional Water District provides for protect costs to be shared by Participating Members on a pro rata basis. Enclosed is a statement for tho amount of your share of the budgeted costs for the fiscal year ending September 30, 1995, Payment Is due within 20 days. Noyrev 0% of the amount may be deferred for 90 days If you desire, l/► a The contract between the City of Denton and Upper Trinity Regional Water District provides that 'he City of Denton will reimburse the District for the costs of the joint pipelir~, constructed as a part of the District's Phase 1 A project, The costs to be reimbursed include administrative costs. The District will finalize the costs of the • pipeline and bill Denton for them separately as provided in the contract, if you have any questions, please call me. Sincerely, Thomas E. Taylor Executive Director 0 • w s 4?EC';l,~jro_ y-" Statement 45 U in s~,tro,oz QUmwer .705 Lewrsvl le- TX 750("'" REGIONAL WATER DISTRICT '214 219-1226 Fax. 12141221 9M, City of Denton Statement for Administ ratne Fees and Proted Fees Statement Date: 10114/94 Invoice No: P119401 r- I Adminletrnhre Fee The Adminlsi f as proNdes for ganerel administration and planning acthtlea of upper Trinity Regional Water Dlst&t In accordance Mh your contract with the District The administrattA fee is due Upon receipt. If you desire. So% may be deferred for 9o days. 100% y0% FY less Adobw *IV4 Fee 113 16.00 M .Yl. Pro)ecl Fees Proved Fees are based upon the FY IWS budget adopted by the Board of Dirsdors on September 1, 1994 and In accordance with your contract for peRklPetion In a project, The p clai tees are Intended to recover costs associated with the projed and us calculated based on pow level of perheipation In the protect. Psyirmi is due within 20 days, howaser &J% may be deferred for 90 days if you desks. 100% 60% FY 1996 auth V Riven VMar Pin Fee 143,000.00 f21,s00.00 Tole fro Fa. 000 00 ;zs eoo.0o • Administrative Fee Due $0,807.60 Project Fees Due $211,600.00 Total Amount Due Current Period $28,307,50 Total Amount Past Due a Total Amount Out This Bill $28,307.60 Please Pay By: 11/03194 ~ ✓~7A i R, i 4 it r it 0 0 r CITY- .--COUN 'I I i L 1 ~ s • `r•x. t6 ADO', • O r • u ,+daNo Agendalt ORDINANCE NO. Date r~ 3 AN ORDINANCE AMENDING ORDINANCE NO. 95-001 RELATING TO THE AWARD OF BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO PROVIDE FOR THE PURCHASE OF AN ADDITIONAL PICKUP BID ITEM 01; PROVIDING FOR THE LXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on January 3, 1995 authorized the purchase of a 1/2 Ton SWB Pickup from Kart Klement Ford per Ordinance No. 95-001; and WHEREAS, the City, desire to purchase an additional 1/2 Ton SWB Pickup pursuant to the term of Aid Number 1693 and Karl Klement Ford Is agreeable to selling 1/2 Ton SWB Pickup; NOW, THEREFORE, THE COUNCIL OF THE. CITY OF DENTON HEREBY ORDAINS; SECTION I. That Ordinance No. 95-001 is hereby amended to provide for the purchase of ono (1) 1/2 Ton SWB Pickup pursuant to the terms of Bid Number 1893. SECTION II. That Bid Number 1693 herein accepted Include Bid Item I, and the additional compensation payable to Karl Klement Ford under this ordinance amendment is $12,081.00. SECTION III. That the funds for this amendment are to expended from the City'o Motor Pool Replacement funds approved by the City Council in the 1994-95 Budget. SECTION IV. That this ordinanrsshall become effective Immediately upon its passago and approval. PASSED AND APPROVED THIS THE _ day of , 1995. BOB C STLEBERRY,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: , • • • MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: _ i ~f • E.. w r DATE: JANUARY 17, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council nt~tlo -q FROM: Lloyd V. Harrell, City Manager cfE01 SUBJECT: BID; 1893 -FLEET VFU11CLES RECOMMENDATION: We recommend one additional unit of Bid Item #1 be awarded to the lowest bidder, Karl Klement Ford at $12,081.00. SUMMARY: This recommendation is to purchase one additional 112 ton pickup similar to hid item 1 awarded by Council on 1-3-95. The additional unit will replace a 1986 model 112 ton truck utilized by the Building Inspection Division. The Fleet Services Division has determined that the old unit is no longer economical to repair. The replacement unit was not included in the budget process however, funds are available in the motorpool to acquire this new unit without additional budget appropriation. The purchase of this unit will Increase the number of fleet vehicles purchased from fourteen (14) to fifteen (15). Tho old unit will be sold at auction. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Building Inspection Division, Fleet Services and Motorpool. FISCAL IMPACT: This vehicle will be funded from Motorpool Vehicle Replacement Funds account number 720-0250-0584-9104 and repaid by the using department over a 36 month period. e ly submi t ~ I oyla, V. Harre t City Manager g' Approved: Name: Tom D. Shaw, C.P.M. 'T'itle: Purchasing Agent 56C Ad ENUA i t + • • ~k' r i~ frv " tip tE L~."44'r. "ir 'L w 1 ' w 1 L 1 IBID NAME FLEET VEHICLES VIL FORD LAGE I NIEM KARL HENDRI KS METRO ORtl U ILL C HIJDIIIUG 6AMLAN NOR P 1 PRESTIGE ICHLAODIC FORD EYFIOLET: OPEN DATE DECEMBER 13, 1941 ~FORD TRUCKS T TRUCK FORD ATUOPlB% DODGE ~_.__OIY_J__OV~FN DOR V Obi^;..:.Y~.~ jlFl^------- f4( 1. 1 110 1014 PICKUP. SHORT 91/,13/.00 •I9.OH.00 014.542.00 NO BID $16,104.46 110.988.00 619,170.00 NO 810 3 /t►,619.00 112,491.00 W Nflfl L6A6H 1. 1 1/2 TON PICKUP, LONG 659,014.00 /111 16.00 913,706.00 NO BID 3+6,0 S/.9s 419,641,00 410,030.00 NO BIO 614,070.00 613,47100 I 1 WHEELBASE 3. 3 414 TON PICKUP 111 674,333.00 614.154.00 NO 910 114.30040 914,196.00 014 IaO.00 NO BID 414Je/.00 '.14,008,/10 1. 1 , 314 TON EXTENDED CAB 623.403.00; 690.900.00 993,197.001 NO 610 461,043.60 499,907.00 15!,700.00 NO SID 024.916.00 $22,087.00 PICKUP, / % 4 , 5. 2 1 TON TRUCK CAB/CHASSIS 410.400.00 614,708.00 11L 199.00 11 NO Clio 611,067.00 416,140,00 NO BID 11 4101 ' 9. 1 1 TON TRUCK CABOCHA3619 091.900.00 491.099100 600,314.00 690.107.00 191,179,00 190,212.00 14 100,00 NO 610 199,11111 110,999.00 15,000 GVW. 40' CA DIESEL I 1. 1 I TON TRUCK CABICHAS816 916,330.00 918,499.00 019,644.00 Sa2,029.00 624.076.00 019,443.00 114.611 NO BID 419,407.00 419,169.00 I ( 6,000 OVIII OA GABOLINE 74.1 1 1 TON 7RUCK CAB/CHAS 810 121,309.00 191,300.00 420,699.00 I9a,896.00 424,679,00 610.101.00 020,940.00 NO BID 190.349.00 020.070.00 16,000 OVW, 94' CA DIESEL I 8. 1 1 TON 10 PASSENGER VAN 490,689,00 NB 101,448.00 NO DID NO BIG 600,960.00 020.400.00 /90,7Ti oo 121.614.00 521,1H,00 ~ '4A. 1 OPTION 15 PA66ENOER VAN 09t.068.00 120,663.00 NO BIG NO SID NO BID 199,079.00 681.111111 1111111 501,101,00 021,71/,00 9. 1 MINIVAN. 7 PA6SS NOBN 410,040.00 NO BIO 619,050.00 NO BID NO BID 41L660.00 NO III NO 610 011,144.00 410,649.00 h10.~ 1 MINI VAN, CARGO VAN 114,360.00 NO 010 014,140.00 NO 610 NO 610 114,690,00 NO BID NO 610 119,585.00 6A 6,145.00 1. I DELIVERY 16-636 50-190 10-190 50-120 00-110 100 DAYS 00'-180 50-00 00-50 1068-ItS i DAYS DAYS DAYS GAYS DAYS DAYS DAYS DAYS 1 DAYS AREN~ DMA IE FORD ALL 5. !2,568.7 wj c V,. n, ra U 1. W 1 7 } ~ s1 ,)rxl ,,'~y(1 Jlt~ V ir11 V i a 4 T t~ ~17i`'I~fis ~L41Y 1tia~'71T1415171.}LSf~x.a,.0 A.zd r 0 IC I T Y - COUNCI 7 -T t ~ N 4 y f! y~ o !1, t~ QQ~~ ~ O O • • E WDOW US\AMUL U+C.SSR wee dalle^ I d~ 4 RESOLUTION NO. RESOLUTION APPROVING AN THE C CITY OF SHADY SHOES AGREEMENT FOR AMBU THE CITY OF DENTON AND LANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: aFrmrnN I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of i Shady Shores for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. 2Etgj ON Ii. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 199_ BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY . ~ BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACCT''ING CITY ATTORNEY BY: -t /iX _X C • w • Et%WPDOCS\K\SHIIDYSH.K 202j 0 AGREZKM FOR AmuLANCm sERVICE EETwEEN THE CITY OF D3NTON AND Tst CITY OF SHADY SHORES Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Shady Shores would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. 5791.001, et sec., (Vernon 1994%, a city may contract to provide emergency medical services to the vounty or another city. f Aareement ' This Agreement is made on the - day of , 199_ , between the City of Denton, Texas (Denton), and The City o! Shady Shores (Shady Shores). The parties agree as follows: 1. Definitions. Emeraencv M.'Iggl.Services or E.M.S. means personnel and ground transportation iehicl5s used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide =8 to Shady Shores. Denton shall provide emergency medical services to Shady Shores in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Shady Shores shall be com- municated to Denton in the manner specified by Denton. 3. Discretion in Providinq m.N.S, Shady Shores understands that Denton must also respond to requests for ex3rgenoy medical • services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Shady Shores, to determine: (a) whether or n _ to respond to a request for medical • emergency .axvice; • • (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and • • ! . i I (d) The time in which to respond to a request for emergency medical service. f Shores agrees providing to emergency Denton I 4. Servi Fee. in cal servi escto Shady Shores consideration an annual sum during each year of this Agreement determined by multiplying the population in Shady Tte pShores b Four opulation figure idle shaland Fifty Cents (population x $4.50). be that contained in the latest edition of the The anent al Texas Council of Government's shall be paid to Denton in equal quarterly payments or, or before October 1, January 1, April 1, and Ju'y 1, of each annual term. Denton may, after eriodgof prior notice, time Shady Shore eis delinquent toinShthady Shores during any p payment of any undisputed service fee. Patient charges. In addition to the service fee paid by Shady Shores, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Shady Shores waives, nor shall be deemed hereby to waive, any immunity or defense lesulting from against this claims or arising from any act or omission Agreement. 7, Term, The term of this Agreement shall be in one year increments, beginning on October year and thereafter from year nuingyeto September 10 of the following yea until terminated in accordance with this Agreement. S. Termination! Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of t~rmi- nation. give the defaulting party written Agreement, the other party shall of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Shady Shores shall e serliable to nton vices provided up r to r the date t of trmination.emargency medical 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as followss • To Denton: To Shady Shores: • • City Manager Mayor City of Denture City of Shady Shores 215 E. McKinney P. O. Box 362 Denton, Texas 76201 Shady Shores, Texas 75065 PAGE 2 • O 1i t o► 1 1 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of , 199_,. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: CITY OF SHADY SHORES BY: J 'kAYOR ATTEST: • BY: r • SECRETARY PAGE 3 • ~ii, f„ tth , S I~~~ti ~t ?p ~t ~k iLf t~ .~CS_talrjl~~~+;ptit' i„{`4r A• w.r..l.a.~~a.:a • e U \MNBU[.ANC SEP ape~Nc ~Ag6Ad21! ~7- o~te y RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an ageement between the City of Denton and the City of Ponder for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayur ir, hereby authorized to execute said agreement on behalf of the City. 9E_C I N 11. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the _ day of _ 199 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, AC'.CING CITY ATTORNEY • / BY: A1, ~itL~'J 7aL( c e • I',fjf yin 1 aas, ~-,tll • • r A f:\NP0005\K\P0NDEA,K u 19° FOR CITYB OF DENTON SERVICE BETWEEN AGREEMENT THE CITY OF PONDER Ep- tkif The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Ponder would liKe to contract with the Cl.ty of Denton to receive emergency medical ser- vices for its citize,19. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN, §791.001, et s,-gg,_, (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement his Agreement is made on the day of (7k 1992, between the City of Denton, Texas {Denton and e City of Ponder (Ponder). The parties agree as follows; 1. Definitions. Emergency Medical Services or E.M,S, means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2, Denton to Provide ENS to Ponder. Denton shall provide emergency ,nedlc~l services to Ponder in response to r,,g\iests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Ponder shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.X.S. Ponder understands that Denton must also respond to requests for emergency medical services • for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Ponder, to determines (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available ® r• to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and A • M (a) The time in which to respond to o request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Ponder, Ponder agrees to pay to Denton an annual i sum during each year of this Agreement determined by multiplying the population in Ponder by Four Dollars and Fifty cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas council of Government's Regional DirogtM . The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Ponder during any period of time Ponder is delinquert in the pevment of any undisput- ed service fee. S. Patient Charges, in addition to the service fee paid by Ponder, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Ponder waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising frnm any act or omission r~-tulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Ponder shall be liable to Denton pro rata for the payhient of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices snnt under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton; To Ponder: S City Manager Mayor City of Denton City of Ponder 215 E. Vcilinney P. O. Box 297 Denton, Texas 76201 Ponder, Texas 76259 PAGE 2 ~ O • w w- t and A10 Apor16,,;';hxr u~ 10. Agreement Mot for Benefit of Tbird Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to ary third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. FXECUTED on the 0'4 day of $-199 CITY OF DENTON TEXAS BY. _OH _ B 6ASTLE8ERRY, MAYOR ATTEST: JENNIFRR WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: CITY OF PONDER BY • MAYOR 'TOW OF (6NDX WAYNE FUTCfl ATTEST: BY: N SECRETARY , • • 'TOWN OF PONDER PATRICIA WEBSTER PAGE 3 • • SSj . s l . ~a r.v1'. ro~}, ~ii fit ~75~ < t1 u~j • w • Fl : \0.NR Ul.ANC SFR ApWNo _~~cczss~~ AgentlVVLASIc 9 Date_ 4/7-96 T oy RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of. Denton and the City of Hickory Creek for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute. said agreement on behalf of the City. SECTION II That this resolution shall become effective immed- iately upon its pasbage and approval. PASSED AND APPROVED this the day of _u_ _ 199W BOB CAS'I'LEBERRY, MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: • M;tCHAEL A. BUCEK, ACTING CTTY ATTORNEY BY: I r • • ~1. t y ,(f'p'T,S4rf; 1,'1,7 cc~ i ,It I .1, AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Hickory Creek would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. $791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. AgrerNvAt his Agreement is made on the ~ day of`~Q~~--' 199,, between the City of Denton, Texas (Denton), and The City of Hickory Creek (Hickory Creek). The parties agree as follows: 1. Definitions, Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury, 2. Denton to Provide ENS to Hickory Creek. Denton shall provide emergency medical services to Hickory Creek in response to requests for emergency medical. services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Hickory Creek shall be com- municated to Denton in the manner specified by Denton. 2. Discretion in Providing E.N.S. Hickory Creek understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts • to provide emergency medical services to other entities. Denton shalt have the sole right rind discretion, without being in breach of this Agreement and without liability to Hickory Creek, to determine: (a) whether or not to respond to a request for medical emergency service; , o • A (b) whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and © ' 0 • L (d) The time in which to respond to a request for emergency medical service. 4. Service Pee. In consideration for providing emergency medi- cal services to Hickory Creek, Hickory Creek agrees to pa,,, to Denton an annual sum during each year of this Agreement determined by multiplying the population in Hickory Creek by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Director. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Hickory Creek during any period of time Hickory Creek is delinquent in the payment of any undisputed service fee. 5. Patient charges. In addition to the service fee paid by Hickory Creek, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waiver!. Neither Denton or Hickory Creek we,ives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termfnationt Default, Either party may terminatA this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of thn date notice of default is sent, the other party may declare the Agreement terminated. Hickory Creek shalt be • liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. i 9. Notices. All notices sent ender this Agreement shall be mailed, postage prepaid, to ehe respective addresses, as follows: To Denton: To Hickory Creek: 4f • • City Manager Mayor City of Denton City of Hickory Creek / 215 E. McKinney P. 0. Be- 453 Denton, Texas 76201 Hickory Creek, Texas 75065 Page 2 • 0 • w .r lo. Agreement Not for Benefit of Third Parties. This Agreement I is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party ahall assign this Agreement except upon the prior written consent of tho other. EXECUTED on the day of` 1991. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: CITY OF HICKORY CREEK • MAYOR ATTEST: BY : SE RETARY /J • i Page 3 • • r: 1 S t /`~i r b. [ .tX • c+ . DENTON oo°°Q F ~O O 000 ~ 00~ p o D 0 0 { o 0 p ~ 000 ~ ~o 00 "T pp0 0000 0 ~ , ~ oppp aaoaa a aao • CITY COUNCIL • w B: \AMD UI ANC. SER AgendaNa, Agendalfe OS L4 RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and th.? City of Sanger for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTTQ II That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 199 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A, BUCEK, ACTING CITY ATTORNEY BY: , , sl w us • E:\VPDOCS\K\SANGEA.K 1_. Z1:_... °84 AGREEMENT FOR AMBULANCE SERVICE BETWEEN TEE CITY OF DENTON AND TEE CITY OF SANGER Reoitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Sanger would like to contract with '.he City of Denton to receive emergency medical ser- vices for its :itizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE. (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. $791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the zounty or another city. ~icrreeaEent This Agreement is made on the day of , 199__, between the City of Denton, Texas (Denton), and The City of Sanger (Sanger). The parties agree as follows: 1. Definition/. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological. illness or injury, 20 Denton to provide us to Sanger. Denton shall provide i emergency mE.9i.:al services to scnger in response to requests for emergency medical iservices in accurdance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the i manner specifie( by Denton. 3. Dieorr,tion in Providing E.M.S. Sanger understands that • Denton must alru respond to requests for emergency medical service for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine: (a) Whether or, not to respond to a request for medical 0 emergency service; (b) whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and ..~~.-a- • • •~r-~w-. 444{ iA 0 w f . a+ • 1 L PS t4 (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Sanger, Sanger agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Sanger by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Rgaional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisput- ed service fee. 5. Patient charges, In addition to tt a service fee paid by Sanger, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton, 6. aovsrnaental Immunity Not Waived. Neither Denton or Sanger waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement, 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. a. Terminations Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correict the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Sanger shall be liable • to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Sanger: • • • City Manager Mayor City of Denton City of Sanger 215 E. McKinney P. O. Drawer 578 Denton, Texas 76201 Sanger, Texas 76266 PAGE 2 0 0 • w • 00 41 db y 10. Agreement mot for Benefit of Third Parties, This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement exrep~ upon the prior written consent of the other. EXECUTED on the day of , 199,. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENvr FER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICY.AEL A. BUCEK, AC',`TNG CITY ATTORNEY BY: CITY OF SANGER BY: ~ ' ,e • MAYOR ATTEST: `1_ecember 19, 1994 Date i i , -Lc-~ I SECRETARY V°F sgh~r~ ,`1 PAGE 3 • • M+fr' ; 12Nt ~~4:.p1 YIY~ SIt~.l+~ ",.f'Mp/,Frf~t'~.'rY 5~~?1 • r • c., • DENTON oooQ0 aoaaflo000 OO°~ oa °°O p~O ° 6 o ~ 0 ca D n 0 X00 „a„o000 r00~ ► 0000 N OOQo ~oc~aoaono CITY COUNCIL 10 0 . bi~Al017f.ANC.SSR AP*No._ Apsntlalt o~ Oats.. I ab LJ RESOLUTION No, A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approved an agreement between the City of Denton and the City of Krum for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby a}:trhorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 199 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY • i BY; ,i+~ V. • ca • \WPD0C S \K \K A UM. K s 06 a- AOREENENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM gEoitale The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Krum would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 199?.) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. S791.001, et sea,, (Vernon 1994), a city may contract to provide emergency medico.' services to the county or another city. agreement This Agreement is made on the day of 199_, between the City of Denton, Texas (Denton), and The C'.ty of Krum (Krum). The parties agree as follows: 1. Definitions. Emergency Medical services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Krum, Denton shall provide emergency medical services to Krum in response to requests for emergency medical services in accordance with this Agreement. All { requests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated tv Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Krum understands that • Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical service(. to other entities. Denton shall have the so.e right and discretion, without being in breach of, this Agreement And without liability to Krum, to determine: (a) Whether or not to respond to a request for medical ® emergency 6arvice; ~ • O J (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; / (c) The order is which to respond to a request for emergen- cy medical service; and • Ca (d) The time in which to respond to a request lorf eLr ncy 3p/a `7 medical service. 4. Service Yee. In consideration for providing emergency medi- cal services to Krum, Krum agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Krum by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Krum during any period of time Krum is delinquent in the payment of any undisputed service fee. 5. Patient Charges, In addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6. Governmental Iamunity Not Wa..•ed. Neither Denton or Krum waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it ag:.inst claims made or arising from any act or omission resulting from this Agreement. 7. 'Perm. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Terminationt Default. Either party may terminate this Agreement at any time without cause by giving ninety (90; days ad- vance notice in writing to the other, specifying the date of ter~A- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated, Rrum shall be liable to Denton pro rata for the payment of emergency medical ser- • vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows To Denton: To Krum: 0 City Manager Mayor • • City of Denton City of Krum 215 E. McKinney P. 0. Box 217 Denton, Texas 76201 Krum, Texas 76249 PAGE 2 • a • Ch 00'~~ ar^ ' gip, r N06Z~ 10. AyreMent NOt for ganef it of Third Parties. This Agreement Is not intended and shall not be construed to be for the benefit of any individucl or creeLe any duty on Denton to any third party. 11. Assignaeat. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the - day of _r 199. CITY OF DENTON, TEXAS BY: BOB CASTLEBER.RY, MAYOR ATTEST! JENDFIFER WALTERS, CITY SECRETARY BY: APPROVED A.; TO LEGAL FORM: MICHAEL A. BUCER, ACTING CITY ATTORNEY BY:~ CITY OF KRUM BY: • A OR ATTEST: i Y. ~ ETARY • • PAGE 3 b • f GIN • a i I DENTON oaooo~oaoQa oOa~ooz D 4, oo°~ 00 ~ 00 C o D o~ ~o { a n o a 0 0 000 o r,0000 0000 No • CITY COUNCIL f 1 J r I S CITY O/OLWON, TEXAS MUNICIPAL BUILDING•DENroN, TEXAS 76201 TELEPHONE(617) 5666307 ONIce 01 the City Manager MEMORANDUM TOr Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATEt January 11, 1995 SUHJECTr EMS Contracts with Small Citie Attached are the contracts for EMS soxvice to six of the eight mall cities, Corinth and Lake DaAlas say we should have signed contracts by the 20th. These are the standard contracts that we renew every year, and we have incorporated the increase in cost again this year. We will have one more rate increase next year for the cities to achieve parity with the City. Tf you or the Council hss questions, we would be happy to try and answer them. -4~ Rick SDeputy City Manager RS:bw AMM0061B Attachments • "Dedicated to Quality Service" 4 i i 1 • ~~~a ~P i • r' r A:\N9dII1.4NC. SER ApMIfIiN4-,. gWW We Zap. RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:' MCUON I, That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Argyle for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION lI. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the _ _ day of _ 199 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: • MICHAEL A. BUCEK, ACTING CITY ATTORNEY f~ ~Y BY: • • E:\YPDOCS\K\ARGYLE.K r ; -1' r F AGREEMENT FOR AMBULANCE SERVICE y~ BETWEEN THE CITY of DENTON AND l" THE CITY OF ARGYLE Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Argyle would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. $791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the day of 199_, between the City of Denton, Texas (Denton), and The City of Argyle (Argyle). The parties agree as follows: 1. Definitions. Emeraencv M1 Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide ENS to Argyle. Denton shall provide emergency medical services to Argyle in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Argyle shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing B.M.S. Argyle understa-.:ds that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Dr,nton shall have the sole right and discretion, without being in braach of this Agreement and without liability to Argyle, to determine: (a) Whether or not to respond to a request for medical emergency service; ® • • (b) whether and when personnel or equipmec,t are available to respond to a request for emergency medical service; (c) The order is which to respond to a re.gv.est for emergen- cy medical service; and i j ~l • _9 5 1S (d) The time in which to respond to a request for emergency medical service. 4. Service Pee. In consideration for providing emergency medi- cal services to Argyle, Argyle agrees to pay to Denton an annu;( sum during each year of this Agreement determined by multipl%,ing the population in Argyle by Four Dollars and Fifty Cents (population x $4.50). The population figure used shall be that contained in the latest edition of the 1'-)rth Central Texas Council of Government's Reaional Diregrorv. The annual payment shall be paid to Denton in equal quart.rly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Argyle during any period of time Argyle is delinquent in the payment of any undisput- ed service fee. 5. Patient charges. In addition to the service fee raid by Argyle, Denton may charge and collect fram persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Argyle waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year increments, beginning on October 1, 1994 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 9. Termination: Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days ad- vance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the de- fault within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Argyle .?hall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Argyle: City Manager Mayor City of Denton City of Argyle 215 E. McKinney P. 0. Box 1031 Denton, Texas 76201 Argyle, Texas 76226 PAGE 2 ~ O • a► soil 10, Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of , 1991, CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY:, CITY OF ARGYLE BY: • R ATTEST: of nRay~ B r • T ` Is ARY~ /lHkh ~ of PAGE 3 1 • f • C DENTON Oo ooop 000 , 04 "~z d~ ~ o 0 0 t ° ° o ° p 4 °oa d~ ~ poi OOO ~ ~-ppp oop ° aaaooooo0 1 CITY COUNCIL, ~ • • A O t • • F. ANPCC'~ S1CP.D AA{L. FICI ~gendal! Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTIORIZING THE EXPENDITURE; OF FUNDS IN rE S~V, CITY OF DENTON; A,1D PROVIDING AN EFFECTIVE DATE. SECTION 1. That the expenditure of funds in the amount of Ninety-four Thousand Six Hundred Forty-three Dollars and Eighty- seven Cents ($94,643.P7) for Judgment and Five Thousand Nine Hundred Eighty-seven Dollars and Fifty-two Cents {$5,987,52) for post-judgment interest is hereby authorized for Cause No. 92-20068- 158, Gillespi , v. City of Denton. SECTION II, That this erainance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of i` 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY;~r/~tl,l L~ c° c • • r i r F,, INVL`MS\OFU\tir;OTT 5}:T g0endd Na Agindalt ..~lJ . Data ORDINANCE NO AN ORDINANCE AUTHORIZING THE LAW FIRM OF WOLFE, CLARK & HENDERSON TO SETTLE THE CASE STYLED SCOTT CITY OF Un(T AUTHORIZING THE ~ EXPENDITURE OF FUNDS PURSUANT TO THE AGREEMENT FOR JUDGMENT; ANL) PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: $FCTION 1. That the law firm of Wolfe, Clark & Henderson is hereby author{r,ed to settle the -:ase styled Scott V,. Cj.Ly of °.nton, Cause No, 93-10687-16 pursuant to the terms of the Agreement for Judgment, a copy of which is attached hereto and incorporated by reference herein. aECTiON II_ That the expenftiture of funds, pursuant to the terms of the Agreement for Julgmen', J.s hereby authorized. SEQU ON III. That this ordinance shall become effective im,„eciately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CAP.LEBERRY fAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: MICHAEL A, BUCEK, ACTING CITY ATTORNEY BY: /s :r I}. Via,.. , • +r~~ew:r:~OKY~";: . r:r.. f i i • r e~ • tier USNu _ AV ~ IOU 1 W1 NO. 93-10687-16 JEANETTE SCOTT § IN THE DISTRICT Ca(1RT,J T QN VS. § L § DENTON COUNTY, TEXAS CITY OF DENTON (SELF-INSURED) § 16TH JUDICIAL DISTRICT AGREEMENT FOR AIDOMrNT In consideration of the sum of $42,000.00, I, JEANETTE SCOTT, hereby release the CITY OF DENTON, LINDSEY MORDEN CLAIMS SERVICES, INC., ALEXSIS RISK MANAGEMENT, and THE TEXAS POLITICAL SUBDIVISIONS WORKFRS' COMPENSATION JOINT INSURANCE FUND from all claims arising from or connected with an accidental injury which I claim to have sustained in the course of my employment with the City of Denton on or about March 20, 1989. Reference Is made to the pleadings in the above rase, and the documents filed with the Texas Workers' Compensation Commission, for a more complete description of the injury and disability claimed. Such amount should be apportioned by the Court between me and my attorneys, and on approval of this agreement by the Co,irt, the City of Dents , Lindsey Morden Claims Services, Inc,, Alexsis Risk Management, and the Texas Political Subdivisions Workeru' Compensation Joint Insurance Fund shall be fully released, except as hereinafter set forth. • The liability of the City of Der*.,n, Lindsey Morden Claims Services, Inc., Alexsis Risk Management, a,-,d the Texas Political Subdivisions Workers' Compensation Joint Insurance Fund being • uncertain, indefinite, and incapable of beinq satisfactorily • established, and the extent and nature of the injuries to myself, Jeanette Scott, being uncertain, indefinite, and incapable of being . 11 • • Ajc^t:iv mi 11D3 satisfactorily established, it is agreed that in compromise and settlement of all mutters in c>ntroversy in this cause, a Judgment be entered herein, setting aside and holding for naught the final ruling and decision of the Texas Workers' Compensation commission in this cause, entered on September 23, 1993, in Board No, 89- 124097-DN, and that Judgment be entered herein in favor of me, Jeanette Scott, and against the City of Denton, for $42,000.00, together with all costs herein, and that all other relief prayed for by either party hereto be denied. It is further agreed that the payment and satisfaction of the Judgment entered in this cause as a result of this settlement agreement shall constitute a full release and discharge of the City of Denton, Lindsey Morden Claims Services, Inc., Alexsis Risk Management, and the Texas Political Subdivisions Wo+-kers' Compensation Joint Insurance Fund (except as hereinaftv..r specifically provided), of and from any and all liability, claims, controversies, demands, actions, or causes of action of every kind or character whatsoever arising out of my employment to date with the City of Denton, whether alleged in this cause of action or not, or which may be alleged in any separate and independent suit or cause of action, including any and all claims, whether for workers' • compensation nr at common law or otherwise (including, but not limited to, any and all claims for breach of the duty of good faith and fair dealing or for intentional misconduct), and whether predicated upon injuries which are now known or unknown, suspected or unsuspected. AGREEMENT FOR JUMMENT Vayp 2 • • Agcrda!le~i_P...~~ ~Q.B It is further understood and agreed that as a part of the J consideration inducing this settlement, the City of Denton shall be responsible for and shall pay all reasonable medical expenses incurred by me prior to January 5, 1995 and rendered necessary by ehe injury forming the basis for this suit. It is further understood and agreed that as a part of the consideration inducing this settlement, the City of Denton agrees to pay for reasonable future hospital and medical expense as provided in Art. 8306, Sec. 7 and 7b, b.A.T.S., rendered by or at the direction of Dr.. Peter B. Polatin of Lewisville, Texas, during a period of twelve (12) years beginning on January 5, 1995, and ending on January 5, 2007, and rendered necessary by the injury forming the basis for this suit, limited to a total amount of $40,000.00. It 1.9 expressly agreed and understood that payment of such future medical expenses is capped and limited to a total amount of $40,000.00, regardless of when such limit is reached. All other medical expenseL resulting from such injury, past, present, or future, shall be paid by me. This instrument embodies the entire agreement betseen all parties. No other promises have been made to me. I have relied entirely upon the advice of my own attorneys and physicians. Settlement of the claim shall in no way prejudice my • entitlement to disability, pension, social security, or otherwise, to which I may be or become entitled. This agreement is not intended to change the terms of any applicable policy, guideline or exclusions for such benefits, or subject the City of Denton to additional liability for such benefits. AOREEAFNF FOR JUOOWENF - Pane 0 0 0 • It is further understood and agreed that th~1t m of $42,000.00 is to be apportioned as follows: 7 s a. To Jeanette Scott, the sum of $30,826.76 as ~ weekly Cenpensation benefits, payable in a lump suL1. b. To Kenneth H. Molberg, the sum of $10,500.00 as attorney's fees and $673.24 as expenses for services rendered for his representation of the Plaintiff, Jeanette Scott. A jury is waived. This agreement may be filed with the Court papers and considered by the Court as though I had personally appeared and testified. ,inderstand the settlement, believe it to be in my beat interests, and ask V e Court to approve it. Court costs shall be paid by the City of Denton. SIGNED this day of 1995. JEANETTE SCOTT The above settlement agreement has been explained to and is understood by my client, Jeanette Scott, and is approved by me. Attorney for JEANETTE SCOTT 0 STATE OF TEXAS § § COUNTY OF Bn FORE ME, the undersigned authority, on this day personally appeared JEANETTE SCOTT, known to me to be the person whose name is ~ i subscribed to the foregoing instrument, and who, after being by me duly sworn, did depose upon her oath and say; AOBEEMENT PQ0. JUUOMENT PA90 4 f • • ~,gcr,,la!tcm My name is JEANETTE SCOTT. I have read the entire Agreement re4s for Judgment set out in the foregoing instrument and I fully bb understand its contents. I represent it to be a fact that the statements contained therein are true and correct, and that I have signed the same freely and voluntarily, and execute the same for the purposes and consideration therein expressed and none other. JEANETTE scut SUBSCRIBED AND SWORN TO BEFORE ME on this day of 1995. NOTARY PUBLIC, STATE OF TEXAS Notary's Name (printed or typed); Notary's Commission Expires: • s s • AOA E- E MIA OR JUWYENI pang 4 • c~ a C 9 CITY COUNCIL i f a j t of o• 0 O Po. • • AgW9No . Aaeo9alse case... ' t y~ 3 Cfff of DENTON, TEXAS MUNICIPAL BUILDING • 215 f. MCXINNEY • DENTON, TEXAS 76201 MEMORANDUM (817) 566.800 • DFW METRO 434.2528 DATE: January 11, 1995 TO: Lloyd V. Harrell, City Manager n/7// FROM: Harlan L. Jefferson, Director of Fiscal Operations ~J~( r SUBJECT: NOTICE OF INTENT TO ISSUE GENERAL OBLIGATION BONDS /v This ordinance provides the Notice of Intent to Issue General Obligation Bonds for sale on Tuesday, February 21, 1995. The Bonds will provide funding of $1,610,000 for three purposes (i.e. Street projects-$885,000; Drainage projects-$275,000; and Parks & Recreation projects-$450,000). ! All of the projects where approved in the 1994-95 Capital Improvements Program (CIP). The specific listing of items to be funded is as foll~tve: Daaarip ion Proiaots5l Goat Streets Sidewalks along Hwy Projects 750,000 Streets Street Construction 135,000 Park/Rec Park Development Northeast$ 250,000 Park/Rec Park Acquisition Northeast 200,000 Drainage Mayhill Bridge at Copper 20,000 Drainage :ampbell Street Drainage 90,000 Drainage Alice Street Drainage 100,000 Drainage Pecan Creek Channel Lining 15,000 • Drainage Willowcrest Drainage 50,000 1,610,000 Attached is a copy of the notice which will be published on January 19, ?.995. if you have any questions, please do not hesitate to contact me. • HUN AVP • • AfF00019 "Dedlealed to Quality Serviec L • a> • MT BY. 1-11-85 10'08A,M 4CCjUYARKIil1RST- 88175668296:# 8! 8 O1tDINANCENO. JS- VI011.00 A 1;.; r, afurr?:.lL y1t1 Q~ ORDNANCE ORDINANCE DIRECTING THE ISSUANCE AND PU13LICATION OF a o33 NOTICE OF SALE OF CITY OF WMQN ENFSrAI OB 1GATION BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THE COUNCIL OF THE CITY OF DMTON HEREBY OKUAINS: 1, ihu the City SccrUwy is directed to issue a Notice of Sale of Dorris in substsdially dw followia8 Corm: O FICJAI. NOTI -OF CA" CITY OF DEN'TON, TEXAS $1,610,000 GENERAL OBLIOATION BONDS SERIES 1993 The Coy Coundl a *4 City a knion, rkntan County, Texas, will receive soaped bids at tho MuuiupW Building, 213 E. McKinnry Stroct, in the City of Dmton unUI: 7:00 p.m., C.S.T., Tuesday, Fcbnlary 21, 1995 for the Purchm of: IL61!I INMI [impel (hIIP rlnn Rnule_ Nerire IM to he dated FeMomy I S, 1995, end to mature XH31iv February 15 aeh year 1997 through 3013. Scaled bids, plainly marked "Bid for Bands", should bo W*csscd to "Nonoabk Mayor and City Corecil, City of Daoton, Toe", and naw be rubmitted on the "Official Did Form" to bo made available by the City t'rumcil print to the Ante of alp Alf sadal bkL" will be publicly upaxxl uud W)ula cd licfuro the Cuuneil Copm of the "Official Statement", "Notice of Sob", and "Official Bid Form" are bang prop" and will he mailed In pr"ledive. Nickrc em nr abet February V05, and twill be A nidw to any ptoapoodve blddcr upon request, by First SoutJ u Company, 300 First City Centtx, 1700 Pacific Ave., • DaDm, Tmcas 73LOI, Tumrcinl Adrisor IotlwCily, The City renrves the righ! to reject any and all bids and to waive any and all irregWaritiea. By oiao of dw City Cuwma of the City of Dwrkan, Tcxus. JMIF9RK. WALTERS • Ory Secretary, • • City of bauw Tmw 0 0 • w SENT M 1-11-85 :10:08Ali 1r- S~enOaNo _ 9/ 9 . ~gf ~i !lonl,770 sop 2. Thu aid Now sbsll be published oaa in The Dad Du?a, Now York, Now Yafti whirls is it ammul publi &dm riplwy, sad prinwily unyin8 dnamisi news snd mw"prl band ale ooWn; sod mid Ndice she shall he prAtishod coca in the "Nnfirm Round.Chrmiekt", which hse been doeip ated ss the officisl wWaM of the City of Dmlae. Said pubiicatiorm shall be nude at fart thirty days) prior to the dry sa for raciv4 bide. • ]I 1 . • • ` i1~ IJI 1 I I~~ILI 0 c• 0 i CITY COUNCIL I V or o~ Mfo f 1 a arc"t~}•~ • w • . A011111111% NI oa~e ns Wry of DlMTOM, TEXAS MUNICIPAL BUILDING 6 215 E. MCKINNEY a DENTON, TEXAS 76201 (817) 566.8200 a DFW METRO 434.2629 MEMORANDUM DATE: January 11, 1995 TO: Lloyd V. Harrell, City Manager FROM: Harlan L. Jefferson, Director of Fiscal Operations SUBJECT: NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION This ordinance provides the Notice of Intent to Issue Certificates of Obligation for sale on Tuesday, February 21, 1995. The Certificates will provide funding of $2,000,000 for projects previously approved in the 1995-99 Capital Improvement Program (CIP(. The funding amount also Includes $58,000 for issuance costs. The general purpose of the funds is for the development of the new landfill and associated projects. Attached is a copy of the notice which will be published on January 19, 1995. If you have any questions, please do not hesitate to contact me. • i LJ:Ib Attubment AfF00078 "Dedicated to Quality Service" , 4 7 k: r t fug ~ 'J+ j1 i t i n S s d,ASd'",,tti • SENT 8Y' 1-11-85 110:07M MCC,U-LP0J0CRST- 98175668236:0 V 8 ORDINANCE NO.95•_ `)(181Id3N0._.~0, 013 ~l(Jen~al/1tarrl.....+1~CaC~.~Q~ ORDINANCE DIRECTING TH1 KRILICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIOATION OF THE CITY OF QENTON THE STATE OF TEXAS COUNTY OF DENTON CFI'Y OF DENTON W HNREAS, it is deemed necrasaty and Advisable that Notice ok'Int don to I;sue Certifieatea of Ohligation be given As hereinafter provides. THE COUNCIL OF THE CITY OF TIENFON HhRI,.KV t' XIMIMY Seetlon 1, That attached hereto Is a form of "NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON", the form turd substa= of which are hereby adopted and approved, Secliuu 2, That the Chy Saaetary slhall cause said NOTICE, in aubstagdally tha form attached hereto, to be published Duce a weak fur lwu euuwwlive weeks In a , twspaper nfgenml dreulation in the City, with the date of the first publication to be at least llfieah (15) days beAtte the date temAdvely set for the passage of the Ordinanu authorW4 the Issum of suede Certifiwes of ObEgation, i 1 ~4t r 4 Hof, • 1 0 • " 1~~r ~Yrr ~I •+h t f P,°ti`~ii`, fir, e m • SENT BY 1-12-85 ' 1:31N NCCWL %RIKIRST- 98175668236:# 2/ 2 / AltRdaNo.-`~ ~nJ THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION ._OF TIC CITY OF DENT0N THE CrrY OF J WNTON, in Denton County, Tau, hereby gives notice of its intention to ISM CITY OF OENTON CERTIFICATES OF OBLIGATION, in accordance with the Certificate of 0154e00 Act of 1971, Al amended and codified, and other applicable laws, in the maximum princdpal amount of 32,000,000 for the purpow of paying nil or A portion of the City's contractual obligadwts incurred pursuant to contraag for the purchase, constmIMOn And acquisition of certain real and puxwad pruperty, to vA%: certain real property for uAe in connection with the City's landfill opaatirats kwatod un Edwards, Road, and certain Wtles and equipment related to the Cityrs landfill opcratiorA arid ahw An the purpose ofpsying aV or a portion of the ChYA cornrachnal obilgAtions for profewioosi services u£ cnginuuts, attomays, and financial advisors in connection with the Above oo"uuu and said Cer4kates of Obligaliutr. The City proposer to provide for the payment of Auch Cotifleata of Obligation f xn the levy and coll"tiun of ad valorem taxes in the City As provided by law, and from certain Tcv :nues derived by the City f ow ilw uwnership And operation ofthe Cltys Utility System (consisting of the City's combined waterworks sy~,wm, eanltaty sewer system, and electric light AM power system). The City Council of the City tOt tadvely prupusaa to authorlu the imsanee of such Certificates of Obligation at a mating comnkncing at 7:00 p.m, ou lit: 21st day of February, 1995, in the City Council room at the Municipal Building (City Mall), Demon. Tetuts. CITY OF DENTON, TEXAS By Jennifer K. Walters, City Svwary 1 e e e ,J J i . WWI- f 0 0 c~ c CITY COUNCIL 0 c A ok it d O i{] ♦ s fi + r c t ADO • O 0 44W t • . w ApendeNo. AgenGalte . pate / / 7- 9•~ o; 1 3 ! Cllr of DENTON, TEXAS MUNICIPAL t3UILDWO • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the ^ity Council FROM: Lloyd V. Harrell, City Manager DATE: January 17, 1995 SUBJECT: Temporary Street Closure Ordinance BACKGROUND: At the City Council's request, Staff investigated methods to streamline the temporary street closure procedure which currently requires Council approval. Staff presented those results at the December 17, 1999 meeting and was directed to prepare an ordinance implementing the new procedure. As requested, the backup material from the December 17 meeting as well as the proposed ordinance have been attached for your review. SUMMARY: This ordinance would delegate authority to the City Manager to temporarily close streets for block parties and other events in the public interest provided no police or fire hazard is created by such closure. If the event requires an exception to the noise ordinance or other special considerations, City Council approval would still be required, i I • PROGRAMS, DEPARTMENT, OR GROUPS AFFECTED: Area residents and organizations requesting a temporary street closure. • FISCAL IMPACT: None. • • 'Dedicated to Quality Sendce" a • - • 9'~,~~rpp~~k~ 4 11.1 'G~, ,i • m • Agenda N10 I j 2 i Please advise if I can provide additional information. RESPECTFULLY SUBMITTEDi *Lloyd Harrell y anager Prepared By: Veronica S. Oglesoy Administrative Assistant Approved By: aepl Portugal esistant to the City Manager i 9 ATTACHMENTS: 1, City Council Report, December 17, 1994 2. Proposed Street Closure Ordinance vso\c-backup\st close.mom • .,r e CITY of DENrON, TEXAS htUN1C1PAL BUILDING DEN TON TE_VAS 76201 TELEPHONE(8171 5668307 Office u1 the City Manager ) CITY COO C L REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager f DATE: December 17, 1994 SUBJECT: Procedure for Temporary Street Closure BACKGROUND 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 City Council approved a total of 1 1 requests for temporary street closures and to date j in 1994, 10 requests have been approved. This report outlines Information received from other cities in the metroplex, and the proposed changes to the existing procedure. Five metroplex 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 exampfe, 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 e 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- five percent (75%) of the abutting property owners to sign a petition releasing the city from liability. There is also a $25 fee for processing the request and delivery and retrieval of the barricades, Final approval of temporary street closure requests is 0 granted by the Division Manager-Traffic Operations. Attachment I Includes a summary • e of the procedures used in these cities. "t7rrlierurd ar tk,u'inSrmir•r" • w • Procedure for Temporary Street Cloture T Page 2 eloa Currently, in order to temporarily close a street or portion of a 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 II). 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 events. In addition, the proposed procedure provides the orgenfzation/individual the opportunity to make appeal to the City Council if not in agreement with the City Manager's decision. SUMMARY In order for an organization/individual to obtain a permit, the proposed procedure requires that they submit a completed street closure request, obtained from the City Manager's Office (Attachment lily, 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 organization/individual 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 app; oved the organization/ind)vidual and appropriate City departments will be notified. Should the request be denied the organizatfon/Individual nas the option to appeal the i decision to the City Manager, l Should you have questions regarding any of this material or need additional information, please let me know. e • • • b • c.• Procedure for Temporary Street Closure C Page 3 Sod PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: AreA residents and organizations requesting a temporary street closure. FISCAL IMPACT: None. RESPEC FULLY SUBMITTED- d6"l Lfoyd V. Harrell City Manager i Prepared By: Veronica S. Oglesby Administrative Assistant II AA ved By: Portugal • Assistant to the City Manager ATTACHMENTS: 1. Street Closure Survey 2. Current Request for Street Closure 3. proposed Request for Street Closuro i • A tis • • ATTACHMENT Z1 Street Closure Survey ( °a /3 CSC Resronslble Department Contact Person/Phon4 Number Arlington Traffic/Transportation Daris Taylor/817.469.6378 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 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 party subject to rules and regulations as the city manager deems necessary. There is a 95.00 permit fee. 3. Carrollton Traffic Operations Shon/214.488.3060 Applicant must complete 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 925 fee for processing, delivery and retrieval of barricades. 4. Fort Worth Transportation/Public Works Kay/817.871-7894 For temporary closures, 1 - 3 days no council approval Is required, Requests for closures exceeding 3 days require council approval and must be submitted at least 60 days prior to council meeting. A letter of request must be submitted to Transportation and Public Works with 80% of homeowner's approval or 100% of businesses. The individual/organlzation must supply their own barricades, from an approved barricade supplier. They are also required to provide liability an hold city harmless documentation, b. 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 • alcohol permitted in right-of-way. Must remove all trash, refuse within 8 hours • • after event, Street should be barricaded at nearest adjacent intersection. • 4 i. • " ATII~r~I2 ' REQUEST F4R BTRB:E'T CLt~~[)'Iti7~-~S...1~0~. Organization Requesting Street Closure: Contact Personr Address: Phone Number: Street To Be Closed: Date and Time To Be Closed: Intersecting Streets: Reason For Closure: Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacto and nmet sign below with an indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorised t 8ionature lavor/ Tenant of Proper - ooDOSe 1. 2. 3. 4. 5. 6.~ • 7. 8. 9. 10. ' • • 0 AMMOOOFC r ATTACHMENT III REQUEST FOR STREET CLOSURE Organisation Requesting Street Closure: 1 -.-.1-/-..... Contact Person: O ~V.7 Address: Phone Number: NamerPhane Number Alternate Contact Person; Street To Be Close.: Date and Time To Ss Closed: Intersecting Sveets; Reason For Closure;----- Request must be accompanied by signatures of all affected property owners. {Sea Attachment) Please list the type activities to be conducted during the event: THIS SECTION FOR STAFF USE ONLY DEPARTMENTAL REVIEW COMMENTS APPROVING S IGNATUREIT ITLE CITY MANAGER'S OFFICE FIRE DEPARTMENT POLICE DEPARTMENT TRANSPORTATION/ENGINEERING DOES THIS REQUEST REQUIRE: YES NO 1 City Council Approval? Exception to the Noise Ordinance? Parade Permit? ® Other Conditlone/Requlremente? Request Approved BY: Name/Title O+fvW lion. 11 tpiwrr N ypaae, cOgM InOr/0 N bnriM,laa to taaMNp deaaretwwd~ldW M1d N1Kr1d Uraarbr~anre, 0 i GD ALS MOpeny owner WWd or teMMs effected by the street clown MUST be con iifa~i.wal etlon of being In fe~or or In oppoeftlon to ft street closure. keme of Propeny Ownerl Addrue A~{tFtor~ted. I 1 Fwm! Tenertt of Property Si~gt~t- - ^ Oppose 2. - - - - !h~ s. 6. 7. B. 9. 10. 11 12. 13. 14. 18. • 19. - 20. 21. 22. 23. • • 24. 2S. I 'r 'ry ~ r~lr 1♦ r rf i ~ • cu • e 'w ~:mcs V oao'~ sTn rci,os u j ~ I _I ~,/,IJS ORDINANCE NO, AN ORDINANCE OF THE CITY OP' DENTON, TEXAS DELEGATING AUTHORITY TO THE CITY MANAGER TO TEMPORARILY CLOSE STREETS FOR BLOCK PARTIES AND OTHER SOCIAL FUNCTIONS IN THE PUBLIC INTEREST PROVIDED NO POLICE OR FIRE HAZARD IS CREATED BY SUCH CLOSURE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City controls the streets as trustee for the public and has the duty to maintain the streets and keep them open and free of obstruction; and WHEREAS, the City Council directed staff to streamline the temporary street closure procedure which required Council approval; and WHEREAF, the procedure has been streamlined to provide for the City Manager to approve requests for temporary street closures for block parties and other social functions in the public interest; ' NOW, THEREFORE, THE COUNCIL OF THE CITE' OF DENTON HEREBY ORDAINS: SECTION L, The City Manager is hereby authorized to tempo- rarily close a street or part thereof for a social function, neighborhood block party, or social event in the public intere-", provided that, in the City Manager's opinion, the closing will not cause a fire, police, traffic, or safety J-azard or any undue inconvenience to the public. J~ SECTION II,. That the purpose of this ordinar^e is to J authorize the City manager to temporarily close a street or part thereof when a request is made by an owner or lessee of real property abutting the part of the street to be closed in order to have or hold a social function, block party, or social event in that part of said street, ECTION,III. That the social function, block party, or social • event, and the temporary closing of said street or part thereof, and the person or persons requesting the temporary closure shall be subject to such conditions, rules, and regulations as the City Manager may deem necessary to preserve public safety, health, and welfare and to insure that all costs of temporary closure includ- ing, but not limited to the renting of barricades, hiring of off duty police officers and cost of cleaning if any, are paid. ® ,SECTION IV That the person or persons requesting the • • temporary closing of said street or part thereof shall obtain consent to said closure from each owner or lessee of real property abutting the part- of the street to be closed. i • SECTION V. That when the suciai furtc:t-ion, block party, or social event would require exception to the noise ordinance or other exceptions, such approval by the City Council. must be obtained prior to the City Manager approving the closu!-e of a street, aRg ION VI. That this ordinance shall become effective immediately upon its passage and approval. PASSED P31D APPROVED this the _ day ni 1995. BOB CASTLEBERRY, MAYOR v ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY:~ 1 • PAGE 2 y~ • • ca • REQUEST FON STREET CLOSURE W~L7~ Person or Persons Requesting Street Ciosu(e: Orgenlzatbn: ~ ~''lJ/~~ Address: Phone Number. Nsma)Phone Number Alternate Contact Person: Street To Be Gased: Data and Time To Be Closed: Intersecling Streets: Reason Far Cl oaure: Request must be accompanied by signatures of all effected property owners, (See Attschmenq Neste list the IYPe eclivitieS to be conducted during the event: THIS SECTION FOR STAFF USE ONLY DEPARTMENTAL REVIEW COMMENTS APPROVING SIGNATURE/TITLE CITY MANAGER'S OFFICE FIRE DEPARTMENT POLICE DEPARTMENT TRANSPORTATION/ENGINEERING DOES THIS REQUEST REQUIRE: YES NO • i City Council Approval? i Exception to the Noise Ordinance? lho:; rade Permit? • r C onditions/Requirements? • t Request Approved By: Name/Tide DmrpW I1O 11 Ipulfl It 100mre0, [OCIq 56 ld W dlll,Wed IO 10W4011ne 011010OW1 eM d soled DIOV IMend 1. I • ProP#mf owners andlor tenants eNected by the street closure MUST be contacted and Mat Ilan below with an indcation of being in favor of in opgOaitfon to the street closure. n Name of Property Owneti Address AulMrtsed ~,'IJ Tenant of Property Slgnatur~ 11 3 4. 5. 6. 7. 8. 9, 20. 11. 12. 13. 14. 16. 17.--- 18, 19._ • 20. 21. 27.. • 23. • • 24 25. t • a r CITY COUNCIL c ° or p~ t ~ N• O • O 4 4~'pN ~~10~0 r~ • • m e A0002NO F Age ! ITY COUNCIL REPORT FORMAT DATE: January 9, 1995 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Ordinance Limiting Parking on the south side of the DMC RECOMMENDATION: Approve the ordinance as submitted and amend ordinance 94-153 SUMMARY/BACKGROUND, This ordinance provides one hour parking along Hickory Street for high turnover parking to the Police Department and Municipal Court particularly and the rest of the DMC in general. This adds additional no parking at the corner of Railroad and Hickory. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Police Department, Municipal Court, Engineering & Transportation, citizens, DMC Complex FISCAL IMPACT: $500 for signs RESPE FULLY SUB ITTED: L1 yd . Harrell anager Prepared by: City M • CLcu.a- J r y -k`--- Directo of Engineering & Transportation Approved: Jei r Car Direct, Engineering & Transportation t • • Age,* No ayand<,;ton ~Od ~3 CITY of DFNTQ_Nj TEXAS MUN' CIPAL BUILDING # 215 E, McNINNEY, DENTON, TEXAS 76201 (817) 566.8200 0 DFW METRO 434.2529 MEMORANDUM DATE: January 10, 1:95 TO: Rick Svehla, Deputy City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Ordinance Limiting Parking on the south side of the DMC This ordinance will provide for nine one hour parking spaces in front of the DMC on the south aide. The ordinance calls out the spaces which are between the no parking zones that City Council previously approved in November 1994. These spaces on the north side of Hickory along the south side of the DMC are needed to allow citizens to access the court, police, and other occupants of the DMC in a quick in and out means. Staff and Traffic Safety recommend approval. J r c r J 1 • ARE004AB "Dvdicarvd ro Quality S(,rricr" ~`tPrii,h(~i 7 • as • R,\PARNINic rW (70 lC~ll- 3 0$ 1 ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF ORDINANCE 94-153 WHICH PROHIBITS THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF RAILROAD AVENUE AND EAST HICKORY STREET NEAR THE DENTON MUNICIPAL COMPLEX; PROVIDING A PENALTY OF A FINE NO'r TO EXCEED TWO HUNDRED DOLLARS ($200,00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;. PROVIDING FOR PUBLICAT'ON; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance No. 94-153, passed and approved on the 16th day of August 1.994, is hereby amended to read as follows: That when signs are erected giving notice thereof, no person shall park a vehicle, at any time, upon the following portions of the following streets in the City of Denton, to-wit: Both sides of Railroad Avenue beginning one hundred thirty (130) feet north of the north curbline of Eaet: Hickory Street and extending north forty-two (42) feet. The north side of East Hickory Street beginning at the east curbline of Railroad Avenue and extending east ninety-three (93) feet. The north aide of East Hickory Street beginning two hundzed seventy-nine (279) feet east of the east curbline of Railroad Avenue and extending east sixty (60) feet. The south side of. East Hickory Street beginning one hundred sixty-nine (169) feet east of the east curbline of Railroad Avenue and extending east fifty-five (55) feet, SECTION II. That an individual adjudged guilty of any of the provisions of this ordinance shall be guilty of a misdemeanor, and • punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION III. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent j,irisdiction, 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. SECTION IV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which • 0 • _ w ltr~~,;u;tIIGpL _li.Gl_. are inconsistent or in conflict with the terms or provisions con- tained in this ordinance are hereby repealed to the extent of any such conflict. 5 CTI V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be 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 -_1 1995. BOB CASTLEBERRY, MA..JR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: I i PAGE 2 • a, U. 11q Ol0kY INK No,__ C~ A,,jrl'o_:~Iafr( ORDINANCE NO. 601 -3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, LIMITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF EAST HICKORY STREET TO ONE HOUR PARKING; 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 erected giving notice thereof, no person shall stop, stand, or park a vehicle or cause a vehicle to be stopped or parked for more that one hour in designated parking spaces upon the following portions of East Hickory Street, in the City of Denton, to-wit: The north side of East Hickory Street beginning ninety-three (93) feet east of the east curbline of Railroad Avenue and extending east for one hundred eighty-six (186) feet. The north side of East Hickory Street beginning three hundred thirty-nine (339) feet east of the east curbline of Railroad Avenue and extending east for twenty-two (22) feet. SECTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holdinn Ahall 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, SECTION III. Any person who shall violate a provision of this 7rdinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be deemed guilty of a misdemeanor punishable by a fine 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 ordinance is committed, or continued, and upon conviction of any such violations such person shall by punished within the limits above. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary j 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. • 0 r • r A~ nd. No _ j . Q3- PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A, BUCEK, ACTING CITY ATTORNEY c / ) BY: /A It cc i' i 1 • PAGE 2 • w e , Traffic Safety Memo.. A(I~,~.G~IJIi))l,~l~sgl-- October 26, 1994 Page 4 5 ITEM 05 CONSIDER LIMITED PARKIN4 ON FROM HICKORY STREET This request is also covered in the letter from Betty McKean. The intent is to create high turnover parking spaces directly in front of the DMC so that customers can run in and out like at the post office or grocery store. The eight spaces (Hickory Street) would have a one hour time limit with the Police Department in the same building to enforce. This request will provide a service of convenience to it's quick turn over customers and is needed. Staff recommends approval. e -O AEE0046F ` ~ 1l . 5,a t t ~i S 4~t ~J e A u ~~~r tM ~ )A e~ 0 C I _oob S C1Ty of DENTON TEXAS ~MUNICIPAL BUlLO1NG • 2 J5 E. MCKINNE!' • DENT pN, TEXAS 76201 (617) 566.8200 • DFW METRO 4942529 MEMORANDUM DATE, October 27, 1994 T0, Jerry Clark, Director Engineering & Transportation FROM, Betty McKean, Executive Director Municipal Services/Economic Development SUBJECT, Traffic Safety Hoard Agenda I would like to request that two items be placed on the next agenda for the Traffic Safety Advisory Committee. 01. Consider cloning Railroad Avenue from Hickory Avenue north to the rear of the Denton Municipal Complex. (See Attachment) After months of study and assessment of the parking situation surrounding the Denton Municipal Complex, the staff is recommending that we close Railroad Avenue in order to construct an additional parking lot in that area. In doing so, we will not only provide 32 additional parking places, but the traffic safety in the area will also be enhanced. An • overall strategy has been put in pla,.e that will shift the majority of the student parking north of Hickory Avenue. it is hoped that In doing so it will reduce a great of the traffic (including foot traffic) on Hickory Avenue. Also, it is expected to eliminate confusion for students and citizens in determining where to park since many of the parking lots are disjointed at this time. The entire parking lot north of Hickory Avenue will be dedicated to ® students. 02. Restrict parking on eight parking spaces on the north side of Hickory Avenue in front of the Denton Municipal Complex Plaza (See Attachment) to one hour parking only and install signage. "D dicared to Qualify Service" • O • • The begin at the at the corner ofi;,. Hickory and proceed to the east. This re Railroad Avenue and that people who are paying quest is bein81 g made so, kin Resources, otherwise be absorbed byc stdentseve ave lable g Human inhibit l students from takin The restricted tilme that would 9 t"~ose parking places, period wil The request is therefore to serve the customer service interest citizens visiting that building. of s l / Y c an, Executive Director - - Municipal Services/Economic Development 154 i t i 7 • J Gje )r1Y~ ~1 1~1 i ~ • ' \ y. A • Traffic 664~ **ion Minutes page 7 3 /01/3 ITEM #5 CONSIDER LIMITED PARKINiQ QN HICKORY STRFET AT DENTON MUN CT PAL Wtpj, X Clark said they withdrew item one, closing of Railroad Avenue, because of some complications with the railroad on land negotiations, The commission may see this later. It's not a conflict with the adjoining property owners but with the railroad. If they have to acquire the land from the railroad, it reduces the amount of money they have to build a parking lot. Singleton asked if the commission does get the item back that emergency vehicle access be addressed. Luce asked if Lot 1 was in place. Clark said yes. Luce asked who owns the land. Clark said it's leased from the railroad, Many years ago, Railroad Avenue was dedicated and the park'ng lots were put in a lease with Moore Business Forme providing they stay at the same use, If that changes, the lease has to be renegotiated. Luce said he assumed that was City owned property. Clark said the railroad owns a good part of this all the way down to the south including a building operated by Redi-Mix. The railroad owns all the big vacant areas like at the railroad station. They have a wide right-of-way gore. Clark said item two remains as submitted. The spaces on the south side of the building a:ong Hickory street between the prior zoned spaces would be limited parking, This is to provide high turn over spaces that students wouldn't use, Tlese students attend the North Central Texas college so their entrance is on the west aide of the building. These spaces will provide limited parking for customers to Municipal Court, lJ Police Department, Information :cervices, and the Human Resource departments. This is the main entrance to the courts and police. It should be easy to enforce since the Police Department is here. Luce said he is not concerned about the need for short term • parking. Is this the proper place to put it or should everything be moved away? Clark said he was asked to present the City's position and need for short term parking. When this was originally acquired from Moore Busineac Forms, there wasn't any plan to put the college and Moorison Milling here. Based on those and what the City has put in here, they didn't know that City Court would become a court of record where they select juries on a weekly basis. The biggest numbers come from the courts and there is a big shortage for limited parking, 1! People like to have spaces in front of the building to jump out • and run into the building. ar:EOOaes • p . w Traffic Safety Commission Minutes November 7, 1994 M ~l page H dd <3 Dotson said if you don't have short term, you will have people parking there all day. If you need to come to the facility for just a short time, you can't find a place to park. Luce said with his e~cperience on the parking committee at the university is that you will get students parking in your one hour spots. Clark said you will have some of that. Dotson said that 'a why they need some way of getting them out. Luce said their thinking will be that my class is 50 minutes, I'll park here and it gives me 10 minutes to get in and out. There will be a real attempt by the students to use a i. hour spaces f try. or attending a 50 m.%nute class. But, you won't know until you the hope in that they will use their designatioe cpaces. But, will always have those that will cut it to the edge. Clark said eventually the student parking can be worked into the Railroad Avenue aide, that will be more convenient. Unless the college continues to grow, there should be approximately the amount of spaces they need instead of having to walk around the building to the side. Luce said the student mind will think that one hour will handle a class. If the people staff is aiming for is short term parking, something like 30 minutes, the student looks at 30 minutes and known he can't make the class. If staff thinks 30 minutes will handle the turn over of short term parking, you might do well to make it 30 minutes, Dotson said you could have someone that needs to take care of an offense, which normally takes an hour. They don't have the parking personnel to mark tires every 30 minutes. At some point, hopefully a wheel blocking ordinance can be established to put some teeth into it, Bacon esaid even If on said there is a 2 once a week, hour limit on wouldn't hsquare that and it virtually has to be babysitted. People wipe the marks off the tire, backup, move, etc. There are all kinds of games j played. Dotson said they need some short term spaces because they have had people walk from Crawford street, the first intersection past the mini warehouses east of the building. When it 'a bad weather, it's not fun to walk in the weather just to run in the building for a few minutes. That's the reason for the limited parking. Thirty 130 minutes would be ok but an hour would be more appropriate. Clark said this stiii has to go to Council, so there's some flexibility. The staff who worked with the planning for this site felt that an hour was the most reasonable and easiest to ® enforce. The commission has the flexibility to recommend what they feel is appropriate. Luce asked if the commission could recommend short term parking i AEE004R5 • as • Traffic NovemberSa7fety Commission Minutes , Page 9 1994 r I r~a8~3 leaving leeway to staff? a specific time frame, Clark naid the ordinance has to given, have so it is quoted when the ticket is Coomea asked if there are 50 minute classes Clark 45 at the collegesaid yea, Coomes said make the time said compli atednwith enforcementably be better, 50 That minutes gets Clar , real Bacon asked if the students are parki commission makes it an hour and it turns out ng there , could staff look at 30 minutes. Clark said yea. Dotson said he and the ebout this. After the first enrollment, the parking at is not es full as it was during enrollment. facility manager talked every two weeks Dotson said the selection. Those y have 200 people coming at least far away. People are the ones who are hving in to p jury park so Clark said the commission does have the flexibility to set it appropriate. set none, or set it where they feel it's for Onf. Staff asks that you make it as easy as passible for enforcement but can do whatever you think best, Gore said in light of the personnel enforcement favor of starting wi;:h 1 hour limited parking, STAFF she is in AECOMMSND&A: Approval COMMISSION: Bacon made a motion to accept staff's recommendation for 1 hour limited parking. Martin seconded Motion passed unanimously. the motion. I 3 3 • AVE00485 • w s a Traffic safety commission Minutes November 7, 1994 page 9 rZ~6~3 leaving leeway to ataff7 Clark said the ordinance has to have a specific time frame, given so it is quoted when the ticket is . Coomea asked if there are 50 minute classes at the college. Clark so-id yea. Coomea said make the time 50 minutes. Clark said 45 minutes would probably be better. That gets real complicated with enforcement. Baccn asked if the commission makes it an hour and it turns out students are parking there, could staff look at 70 minutes. Clark said yes. Dotson said he and the facility manager talked about this. After the first enrollmant, the parking lot is not as full as it was during enrolloe.,nt, Dotson said at least every two weeks they have 200 people coming in for jury selection. Those people are the ones who are having to park so far away. Clark said the commission does have the flexibility to set it by the hour, set none, or set it where they feel it's appropriate. Staff asks that you mnke it as easy as possible for enforcement but can do whatever you think best. Bore said in light of the personnel enforcement, she is in favor of starting with 1 hour limited parking. STAFF RECOMMENDED: Approval COMMISSION: Bacon made a motion to accept staff's recommendation for 1 hour limited parking. Martin seconded the motion. Motion passed unanimously. i f j i AEE00485 s y f_4ti ~ s, S, zi (fy, ~ a~r ]!(~fy~'S~~~ (u l(e • • • s rKnurII aiellT rr INTERIM PARKING PLAN Oclokw 1 - Vecemw 11 lq'14 U- o tMPLOYEES LOT 4 a:- LOT 1 r%: t tPACtE J ON DUTY POLICE I PARKING N.C,T,C, .Y_. If SPACES PAAKINO - - - - 14.1 SPACES " LOT 4 (18 8PACES) p_ - - _ HORRISOII "LONG ~----[PPPAPPIOLICI OT :LOT i (00 SPACES iQwNEL l11111llWJWllJ11 KING SPACES • ITEM k2- z tA,T "(KOR, STRUT - TR WTPII i f- or 1 nlrey ! soucnwryl nuuSiRinl 3 PAPr rl(cTRw cONIRACIORS IHC ~ 111 W HARM TPROPERTr FROWC;i•, i lh'ti u O_ • - LOT f '1- - H.R.11.01 • LOTS p JUAORICITIZEN PROPOSED PARKING JOINT-USE COURT EMPL. PARKING POLICE EMPL. -LL ii I 11F I t80 N.C,T.CI 100 SPACES FIANnr. FM t u ~ • A D O CITY COUNCIL LLIM v i e ~ d UG~~ ~ A A • AgendalterrZ.~~.f~ DATE CITY COUNCIL REPOnT of~s TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: JUVENILE CRIME INTERAGENCY COALITION RESOLUTION RECOMMENDATION: Stetf recommends approving the attached Juvenile Crime Interagency Coalition resolution, SUMMARY; The attached Juvenile Crime Interagency Coalition resolution has been developed In accordance with the directions provided by the City Council, In additton to establishing a Juvenile Crime Interagency Coalition, the resolution also outlines the charge for the Coalition and lays out the ground work for the selection of the Coalition members. The proposed listings of organizations which members could be selected from is Identical to the list used for the Juvenile Diversion Task Force. We have also begun contacting the Individual members that served on the Task Force to determine whether or not they would be interested in also serving as members of the Coalition. The indivldusfe Identified In Attachment B have agreed to serve as members of the Coalition. To replace the Task Force members who will not be able to serve on the Coalition, we recommend using the same threefold process used to select the original Task Force members. The first step would be to contact the organizations that are specifically identified In the Coalition resolution and ask them to recommend the name of un individual to represent them. The second step authorizes the City Manager to appoint Individuals from the City staff to participate In the Coalition (e.g„ Municipal Judge, Legal Department, Finance Department and Police Department). The final step would require the City Council to appoint the individuals to represent local civir, groups and the two at-large representatives, hROORAMS. DEPARTMENTlt OR GROUPS AFFECTED: The Municipal Judge, Legal Department, Police Department and the Municipal Court Clerk's office will be affected by the establishment of the Juvenile Crime interagency Coalition. These areas will have representatives serving on the Coalition and they will be Impacted by its recommendations, FISCAL IMAACT: None Respect ..//submitted: l~t~~ • Lloyd V. Harrell City Manager NeppA,eedd/G Harlon L. Jell lean ~,e[Iw 01 filcal 0",0 i ® Ar0 av DY, ' • • Kelm, DAM Earcutrve Olreclw pf finance • rte. r..r.wdiA4'r: a'u-'. • • r U/) j ,J JUVENILE DIVERSION TASK FORCE/ JUVENILE CRIME INTERAGENCY COALITION; Z ass JDTF JQf0 Atl'ettoy/l?"00rot+ ntddw 0*0e dwr DISD's PTA Lucille Chapman Lucille Chapman Denton Chamber of Commerce Keith Bass Local Civic Group Cindy Sill Denton County Darlene Whitten Darlene Whitten DISD Larry Mankoff Larry Mankoff Municipal Judge's Office Sandra White Finance Department John Mcarane Legal Department Tanya Cooper Police Department Lloyd Burns Community-Based Organization Elizabeth Garrett Elizabeth Garrett Concerned Parents Organization Calvin Evans NAACP Carl Williams Carl Williams LULAC Emilio Gonzales Denton County Juvenille Probation Peggy Fox Peggy Fox Department Denton County Bar Association Margaret Barnes • DISD Student Body Ryan High School Alicia Loveless Denton West High School Kevin Henry _ Calhoun Middle School Francisco Rameriz Strickland Middle School Bryan Burnum _ • Fred Moore Learning Center Charity Ussery • • I At-Large Representatives / Kerry Jones _ Blydeil Carstarphen Birdell Carstarphen Dalton Gregory 'Has rot respondad to our inquiry • E'.AkPWCS\PESVCk I hE. C01. //`~jjj)()()( (^j 5 I 1"1. ~5_ S RESOLUTION NO. A RESOLUTION CREATING THE JUVENILE CRIME INTERAGENCY COALITION TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL, RELATING TO THE NEED FOR ADDITIONAL COORDINATION AND RESOURCES TO BE CON- TRIBUTED TOWARD THE REHABII411ATION OF JUVENILE OFFENDERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has assumed jurisdiction over juv- enile offenders committing certain offenses; and WHEREAS, the City Council created a Juvenile Diversion Task Force in order to explore options in the development of a juvenile ju,~t.ice program containing a variety of alternative methods to provide effective rehabilitative enforcement and judicial tools for juvenile offenders; and WHEREAS, the City Council of the City of Denton desires to implement the recommendation of the Task Force that a Juvenile Crime Interagency Coalition be created; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SEg,TION 1. That the City Council hereby establishes a Juven- ile Crime Interagency Coalition. SECTION II. (a) That the Juvenile Crime Interagency Coalition shall promote understanding, shall facilitate coordina- tion and cooperation among agencies involved with issues relating to juveniles and to submit an annual report to the City Council on juvenile crime issues which may contain recommendations regarding the establishment of additional Diversion Programs. (b) In the event the coalition recommends the establishment of additional Diversion Programs, the coalition shall provide i recommendations to the City Council regarding the following i 1 matters: • (1) The goals of the Piversion Program; (2) The format of the Diversion Program; (3) A public relations strategy; (4) The anticipated fir..ncial impact; and a (5) An implementation schedule. SECTION III. That the Juvenile Crime Interagency Coalition shall he composed of twenty-three representatives to be selected • • and approved by the City Council from recommendations by the fol- lowing groups and organizations: 1 representative recommended by the Denton Independent School District Parent/Teacher Association; • a • • 0s 1 representative recommended by the Denton Chamber of Commerce; 1 representative recommended by local civic groups, club, or organizations; 1 represent.atIve recommended by Denton County; 1 representative recommended by the Denton Independent School District; 1 representative recommended by the office of the Municipal Court Judge; 1 representative recommended by the Finance Department; 1 representative recommended by the office of the city Attorney; 1 representative recommended by the Denton Police Department; 1 representative recommended by community-based organizations; 1 representative recommended by the Concerned Parents Organization; 1 representative recommended by the National Association for the Advancement of Colored People, 1 representative recommended by the League of United Latin American Citizens; 1 representative recommended by the Denton County Juvenile Probation Department; 0 1 representative recommended by the Denton County Bar Associa- tion; 5 representatives recommended by the student body of the Denton Independent School District's high schools, middle schools, and alternative school; and 3 representatives at large selected by the City Council, SGC'PION IV. That each representative shall serve a one ® calendar year term, SECTION V That prior to the beginning of the calendar year, the preceding groups and organizations shall submit to the City Council the name of the person or persons recommended to serve as PAGE 2 A 0 a~ • n ;ta 1 S the group or organization's representative for `.he upcoming calendar year. SECTION VI. That the City Council shall aeaignate the Chair- person of this Coalition. SECTION VrL, That in the event any of these listed organiza- tions express a desire to not participate in this Coalition, the City Council may select representatives of other organizations to serve on this Coalition. SEC'TIQgj VIU. That this resolution shall be effective immed- iately upon -its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR j i L ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: 0 PAGE 3 0 c, a CITY COUNCIL c DF D~ i N g % f0 C, s e ~ ~ o°H.a~•o~° r . o c • • P.173E743e3 J,D,MILLER & ASSOCS. 12E P02 JAN 9 '95 14:31 Y Agenda Mo~.... kn !da Z 1K December 29, 1994 Denton City Council City Hall 215 E. McKinney j Denton, TX 76201 RE: DENTON RECYCLE CENTER COMMUNITY LIAISON COMMITTEE Dear City Council Member; The safety-Kleen Recycle center is occasionally the subject of discussion among local residents, other businesses and community leaders, Issues con•.,erning 'ety-Kleen are often misunderstood. This is no surprise. +ave not had a mechanism through which to have an effective dialogua with the community it the past. As a corporate citizen of Denton, and a hazardous waste facility, we recognize the need to correct this situation. In order to establish better communication within the community, we are creating a community Liaison Committee. It is our goal to open up the lines of communication between Safety-Kleen and our neighbors. We have discovered, in other. Safety-Kleen site communities, that,a Community Liaison Committee provides an opportunity for questions to be answered and issues discussed, • We would like you to be a member of this committee. We expect to have seven or eight other members, each representing a different facet of the Denton community. At our initial meeting, we hope to outline specific objectives • for the committee and agree on a meeting schedule. We are r • • tentatively planning to hold the first meeting in February 1995, with subsequent meetings to take place according to the decision of the group. i • e 8173874383 J D,MILLER 8 RSSOCS, 128 P03 JAN 09 195 14:31 tt~s~d?No_ -03 I r ~ Two please let me know if you can accept this invitation. We feel your participation would be a significant contribution to the overall success of the group. Thank you for your interest, 'We look forward to your response. i Sincerely, Larry Eisenhauer Facility Manager-Denton Safety-Kleen Corp, • , • • J i ab , _ ..-..w.+f:.+w~.+~►wr '.a rc..w _ \ it j +fT. '41 r l~~ l H V! ti ~.i 1 j1 1 p e ) Y~~`+r,,~ 0 MINI • , z R I l i 1 I ?I I 1 j i IDI 1 i s s ' { 1=1 LIE I