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HomeMy WebLinkAbout04-11-1995 • w r CITY COUNCIL AGENDA PACKET 4-11-95 • r 1 0 O u • a • Na ~.~ea AGENDA CITY OF DENTON CITY COUNCIL APRIL 12, 1995 Closed Meeting of the City of Denton City Council on TJa~)ayj April 11, 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 adoption of an ordinance retaining a law firm to represent the City in negotiations or litigation with GTE over its failure to produce records required by a city audit and failure to remit delinquent franchise fees. B. Real Eatate Under TEX. GOVT CODE Sec. 551.072 1. Consider exchange of certain property along the abandoned Dallas line owned by the City of Denton and Missouri Pacific Railroad Company between Prairie and Hickory streets and lease of certain railroad right-of-way for parking lot purposes. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discuss City Attorney applicants and selection process. 2. Consider adoption of an ordinance retaining Katherine Thoms to provide part-time municipal court prosecutorial services on certain dates between April 12 - September 29, 1995. Work Session of the City of Denton City council on Tuesday, April 11, 1995 at 6:00 p.m. in the city Council Chambers of City Hall, • 27.5 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 matters should be placed on a future regular or special meeting of the 0 • A 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 O 0 • ca • City of Denton City Council Agenda Page 1995 Pa AQllldd~t g 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 Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 6:00 p.m. 1. Receive a report and hold a discussion regarding the Strategic Power Supply Assessment. 2. Receive a report, hold a discussion and give staff direction on the e.cceptance of Mastercard, Visa and the Discover Card. 3. Receive an update on the Denton Together activities. Regular Meeting of the City of Denton City Council on Tuesday, l April 11, 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: 7100 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of March 7, 21, 22, and 28, 1995. 3. Citizen Requests A. Consider a request from the REZ Week Planning Committee for an exception to the noise ordinance for the use of • amplified sound Thursday, April 20, 1995, until 12:30 a.m. 4. Citizen Reports A. Receive a citizen report from Dessie Goodson regarding various issues with the City. • B. Receive a citizen report from Valeree Clegg r parking fines on the Square. regarding C. Receive a report from Frenchy Rheault regarding the lack of accessible transportation for people in wheelchairs in the City of Denton to outside the City of Denton. • 0 • ~ as • endeNo..~a.-- City of Denton City Council Agenda April 11, 1995+g2ndsll8l~~......, - - Page 3 3 0CCa D. Receive a report from Joel Bessire regarding a change in City ordinance 6,13 - 6.13A to allow residents to keep pot bellied pigs in the city limits, 5. Public Hearings A. Hold a public hearing and consider adoption of an ordinance amending Planned Development No. 18, and adopting a detailed plan. The 21.1566 acre site, known as the safety-Kleen Recycling Center, is located on the east side of Cooper Creek Road, between Mingo Road and University Drive. (The Planning and Zoning commission recommends approval 7-0.) 6. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. dApproval of to the Consent each Agenda authorize accords ce City with Manager the or 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 Item 7.A, 7.B). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase orders: 1. Bid #1727 - Self-Contained Breathing Apparatus (SCBA) 2. Bid #1740 - Sale of Fire Trucks • 3. Bid #1741 - Polymers For Water Production 4. Bid #1745 - Wire and Cable 5. Bid #1752 - Trailer Mounted Power Rodder & 3 Reel Trailer B. Tax Refund 1. Don E. Hickey - $1,309.71 • 7. Consent Agenda Ordinances • • A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services, (6.A.1, - Bid #17270 6.A.3. - Bid #1741, 6.A.4. - Bid 11745, 6.A.5. - Bid #1752) 1 i • _ .~.I .I Q • City of Denton City Council Agenda April 11, 1995 Page 4 B. Consider adoption of an ordinance approving a contract providing for the sale of certain equipment owned by the City of Denton. (6.A.2. - Bid $1740) a. ordinances A. Consider adoption of an ordinance amending Ordinance No. 95-054 relating to the award of Bid Number 1733 for the purchase of service bodies and crane to provide for the purchase of one crane/service body, Bid Item N3. (Bid #1733) B. Consider adoption of an ordinance authorizing the Mayor to execute an Amendment No. I to agreement between the City of Denton and Morrison Milling Company for lease of warehouse space at 601 East Hickory Street. C. Consider adoption of an ord ance repealing Section 28- 63(b) of Chapter 28, Ar'.j.cle III of the Code of ordinances relating to the required use of metal raceways for interior electrical work in certain types of structures; providing that Section 28-61 of chapter 28, Article TIT of the Code of ordinances adopting the National Electric Code shall remain in full force and effect; and providing for publication. (The Electrical Code Board recommends approval.) D. Consider adoption of an ordinance authorizing the filing of an application with the Department of Transportation, United States of America, for a grant tinder the Urban Mass Transportation Act of 1964, as amended. E. Consider adoption of an ordinance approving Amendment No. 3 to an agreement between the City of Denton and the Denton Independent school District relating to holding their elections jointly in the election districts that can be served by common polling places. F. Consider adoption of an ordinance ratifying the action of • the City Manager to executing a Takeover Agreement f between the City of Denton and International Fidelity 11 Insurance Company relating to completion of the construction of the branch library. G. Consider adoption of an ordinance authorizing the mayor to execute an interlocal agreement with the County of • • Denton for the reconstructiun of west Shady Shores Road. H. Consider adoption of an ordinance authorizing the Mayor to execute a right-of-entry permit between the City of Denton and the U.S. Army Corps of Engineers, Ft. Worth District, in order to construct a drainage ditch and maintenance road and to perform other construction work as necessary in accordance with the approved plans and • O A a • AA ~g~ndeNo ~.u City of Denton City Council Agenda April 11, 1995 Page 5 v~ ~ ~'Co specifications for the Ray Roberts Lake Seepage and Drainage Control Project. Consider adoption of an ordinance amending ordinances 86- 172, 88-003 and 88-120 by amending the detailed plan for Planned Development No. 119 (PD-3.19), located on the northeast corner of U. S. Highway 380 and Old North Road, with respect to 0.494 acres of the 18.24 acres therein contained, as shown in the detail plan amendment attached as Exhibit B. (The Planning and Zoning Commission recommends approval 4-0.) J. Consider adoption of an ordinance retaining Katherine Thoms to provide part-time municipal court prosecutorial services on certain dates between April 12 - September 29, 1995. K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Missouri Pacific Railroad Company regarding the exchange of certain property along the abandoned Dallas line between Prairie and Hickory Streets and the f conveyance of a freight depot and certain railroad right- of-way for public parking and Rails-To Trails purposes. L. Consider adoption of an ordinance retaining a law firm to represent the City in negotiations or litigation with General Telephone Company of the Southwest ("GTE") over its failure to produce records required by a city audit and failure to remit delinquent franchise fees, 9. Consider an appointment to the Denton County Ray Roberts Lake Planning and Zoning Commission. 10. Consider a nomination to the North Central Texas council of Government's 1995-96 Executive Hoard. 11. Consider a nomination to the Cable T. V. Advisory Board. • 12. Reconsider the motion not to amend the animal control ordinance pertaining to pot bellied pigs in the Denton city limits. 13. Vision Update • 14. Miscellaneous matters from the City Manager. • f, A. Receive a report concerning the latest honorees added to the Wall of Honor. 1 • O ~ .q • e City of Denton City Council Agenda ~afl~A(J0._ C-f_Q April 11, 1995 Page 6 ~P c) 15. Official Action on Closed Meeting Items; A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 16. New Business This item provides a section for Council Members to suggest items for future agendas. 17. Possible continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 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 , 1995 at o'clock (P.m.) (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 THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE 'rELECOMMUNICATIONS • DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO0266 • A r r e .tz sz_c_a a-x i.i wss* .a +a f ~a f:aa Lf aa: of b ~a A ' A ~ • ra • AQ tdtNG t I CITY COUNCIL AGENDA ITEM lJ~^ TOr MAYOR AND MEMBEVS OF THE CITY COUNCIL lJ PROMr Lloyd V. Harrell., City Manager SUBJECTr RECEIVE A PRESENTATION FROM RESOURCE MANAGEMENT INTERNATIONAL REGARDING A REPORT FOR LONG-RANGE POWER SUPPLY STUDY RRCOMMENDATIONs None at this time. Receive the report, SUMMARY/BACKGROUNDr The City of Denton contracted with the firm of Resource Management International (RMI) to prepare a Long Range Power Supply Study. As part of the Long Range Power Supply Study, the consultant prepared an interim report to summarize the City's gas-fired generation facilities, power supply contracts, demand-aide management program, and load forecast. The interim report was used as a basis for identifying options available to serve the City's projected loads and to report on concerns associated with Denton's present power supply. The RMI Power Supply report summarizes alternative power supply options in the region, RMI analyzed alternative power options by preparing spreadsheet models. They also reviewed what Denton would have experienced in wholesale power costs if Denton had developed its own power supply arrangement (Retrospective Assessment) over the past 20 years va contracting with TMPA. The final aspect of the study is a 15 year forecast comparing wholesale power costs that could be available to Denton via wholesale purchase options and repowering the Spencer Plant with TMPA's Powder River Basin (PRB) fuel supply option now under review at TMPA. The analysis of the wholesale options aspumed continuation of the present terms of the TMPA Power Supply Contract which • prohibits the individual cities from expanding their own native resources. Since it now appears that the TMPA contract will be modified to allow the Cities to expand their own native generation, RMI will discuss in their oral presentation the possiblj best options for the City of Denton to pursue using the findings from the Power Supply Options Assessment. • PROGRAMS, DEPARTMENTS OR GROUPS APPECTEDi • • Public Utilities Board, City Council, Citizens of Denton and Utility Staff. • • . oandako. '~~dalt FISCAL IMPACT otc / 14f Present Power Purchase and Denton Generation costa approximate $49,000,000 annually, Q` [ 'C- ~ Respectfully submitted, Lloyd V. Harrell, Citog Manager Prepared By: b , Ji4A Harder Director of Electric Utilities Approved By; R, E. Nelson Executive Director, Utilities RMI,PUB • ti • e =C E CITY =COUNCI { N t o o r e t 6 s r r s ' • O a ~ d NaLLL~~vO~ • O • w • 0 ~yeltda No._9?._ 490 Rd altatfL~ .s . DATE: lgl_11y 1 X96 CITY COUNCIL REPORT i TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJ, C'T. CREDIT CARD PROPOSALS qQ ATION: Staff recommends that the City of Denton consider accepting the it ;4 i aroo:isals made by Discover and Mastercard/Visa. SUMMA'tY: As you are aware, the City of Denton has been accepting Mastercard and Visa when cu..Lomers pay for fees, fines, court costs, taxes, utilities, and other charges since 1989. We were one of the first municipalities to do so and one of the few continuing to accept credit cards. In 1990, Visa placed a moratorium on the acceptance of Mastercard and Visa cards by municipalities which required customers to pay a surcharge. During the fall of this year, we were informed that we had to discontinue charging a surcharge, or discontinue accepting Mastercard and Visa. (See Attachment A). While exploring our options, the Legal Department inforp ted us that the City could not pay the surcharge on our customers behalf because that would constitute providing free service. Therefore, after requesting and receiving an extension from Visa, we discontinued accepting the credit cards this month, During the extension period, we explored several options for processing credit cards. All of the options would allow us to pass a surcharge along to our customers, We are also pleased to note that the surcharge in the proposals are less than the previous charge. The proposals we received are from Discover Card, Card Establishment Services, Inc., and TelePay, Inc. The attached proposed ordinance contains the service fee for the Discover, Mastercard and Visa credit cards. (See Attachment B). The previous fee was three (3%) percent of the payment amount and the proposed for Mastercard and Visa would be two and one-quarter (2 Y.) percent. The proposed charge for Discover is, on the average, less than one (1 percent. Attachment C contains a table which compares projected costs for customers • using the above mentioned charge cards. In addition, Discover Card will reimburse their customers one (1 percent of the payment amount. As a result, many customers will benefit by using their Discover card to pay utilities, taxes and fines. Card Establishment Services, Inc., functions as a third party credit card payment ps ocessing center, in addition to accepting Mastercard and Visa, they can also " accept Discover, Diner's and American Express cards. Finally, TelePay is an automated pay. " • by-phone bill payment system. Their present customers inciude Southwestern Bell, TU Electric and Lone Star Gas Company. (See Attachment D), i . • dft Ap*No -f City Council Report Format AgendaIte L,,, 1Q1 Credit Card Proposals April 11, 1995 f' ~1 Pago 2 PRO AMS_DEPARTMENTS Ok -GROUPS AFFECTED: The departments that accept payments for fines, fees, utility bills, and taxes will be affected by the above mentioned proposals. FISCAL IMPACT: None. Respectfully submitted: Lloyd Harrell City Manager Prepered by: Herten LJe eu Director of Fla aI,o na Approved by, Ke Ii'y 0 u9cee EXCCUlive D6eclor of Finance APF'WD96 Mod bme Ma a • r- p • G lr.~) ATTACHMENT A p l 72( IM I Ilnn S Inc, 1 ro"we non vrvrv"•. ~ Nnn l le, tots@4~~8@8? - Sent Certified Mail IF 126 485 626) NL~ 11Y. t November 2, 1994 Merchant No. 430992404 Mr, Harlan L. Jefferson City of Denton Municipal Building 215 E. McKinney Denton, Texas 76201 Dear Mr. Jefferson, I am in receipt of your response to the Visa violatioh. I have reviewed all documents, including both state and local laws and have made several attempts to solve this situation with Visa, As you stated in your letter, your legal staff made the comment "that it would be against the constitution for a municipality to provide a service free of charge." Nova also recognizes the increase in credit card use at your establishment. However, copies of your state and local laws were forwarded to Visa and reviewed by several members of Visa management. Unforturtaielp, the outcome is still the same. The practice of a merchant passing a surcharge to their credit card customers is against Visa regulations. According to Visa, if your laws state you "must' charge a surcharge on Visa transactions, you should discondaue accepting Visa. Nova does realize that you have written acknowledgment from Mastercard that municipalities listed under a unique transaction code can charge a surcharge; however, Visa does not recognize the unique transaction code. According to Visa,Thc City of Denson can discontinue charging a surcharge or can discontinue accepting Visa credit cards. Furthermore, the acceptance of Mastercard and not Visa is a violation of Visa regulations, because you do not honor all cards. Nova also approves a merchant for both Visa and Mastercard and must support Visa's regulation to honor all cards. Nova is mandated by Visa and Mastercard regulations and, therefore, must enforce such, Nova • understands if you wish to find processing elsewhere. However, if you choose to remain with Nova we must request that you discontinue charging a surcharge, If you have any questions in regard to this miter, please contact me at 1.800.725.1243; EM. 8419. Sincerely, • Richard Mann Fraud Monitoring & Investigadons First State Bank of Denton • ra • DI SCoV Ex. ORD 1~gon0aNo AIM ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE 93-164 INSOFAR AS IT RELATES TO CREDIT CARD SERVICE FEES; AUTHORIZING TPE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DISCOVER CARD SERVICES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. That the portion of City of Denton Ordinance 93-164 specifying and authorizing a credit card service fee is hereby amended to read as follows; 9280IT CARD 9ERVS E FEE APE14ICATION Applicable when payment for fees, fines, court costs, taxes, utilities or other e':erges are made with a credit; card. mT-a/sBRVICE CHAROR MasterCard/Visa 2.25% per cent of payment amount, Discover Card As per service Charge Table, below: _-pAyment Amount _Fee $ .01 - $ 20.00 $0.05 $ 20.01 - $200.00 $1.00 $200.01 - $500.00 $3.00 $500,01 - $600.00 $5.00 $600.01 - and up $7.00 SECTION 11 That the City Manager is hereby authorized to execute an agreement with Discover Card Services, Inc, under the • terms and conditions contained within the agreement-, a copy of which is attached hereto as Exhibit A. SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any perscn or circumstances is held invalid by any court ' • of competent jurisdiction, such holding shall not affect the valid- r • ity of the remaining portions of this ordinance, and the City Council of the City of Der,',-1, Texas, hereby declared it would have enacted such remaining portions despite any such invalidity. • Q • w • ATT~ `5 o F l1 SECTION IV. That this ordinance shall become effective, and apply to all qualifying consumer credit transactions occurring on or after April 26, 1995. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM; MI'HAEL A. BUCEK, ACTING CITY ATTORNEY r~ B _ • PAGE 2 w • QgeWaNo Ar~ondalle ~ f~~--~- [We_.- -1- (,p 0 ~7_ ATTACHMENT C COMPARISON OF CREDIT CARD FE0 Fee as Fee as % of Mastercard/ % of Discover Charge Visa Charge Average credit card transaction amount - 9108,00 1.00 .94% 2.38 2.25% Average utility bill (residential) • 9134.11 1.00 .75% 3.01 2.26% Average tax statement (residential) - 8390,67 3.00 .77% 8.78 2.25% Average utility bi l ;commercial} 0 Small - 9 2,781.04 7.00 .26% 62.67 2.25% 0 large - $22,039,69 7.00 ,03% 495.89 2.26% Average tax statement (commercial) ♦ Tangible personal business - 8 609,92 5.00 .82% 13.72 2.25% • Real, Commaroial and Industrial - 91,687.36 7.00 .41% 37.96 2.25% • • c, • s Uniting 7echno y4uiR nrence p, is tl 1I February 20, 1995 17110 Dallas Parkway, Suite 210 Dallas, TX 75248 Harlan Jefferson FEB 2 2 i (214)735 0500 Fax(214)735 0303 Director-Fiscal Operations City of Denton 215 E. McKinney Denton, TX 76201 Dear Mr. Jefferson: Thank you for the opportunity to introduce myself in by phone recently, to discuss how the TelePay automated pay-by-phone bill payment system can complement your efforts in developing a remittance strategy offering your customers i lur a payment and collection processing via on-line AM a d credit mLaotmtk& In the last two years, a great deal of effort in design, testing and user satisfaction evaluation has been performed developing the unique features of TelePay. This has resulted in a product (patent pending) that has been presented to the marketplace (presently Southwestern Bell, TU Electric, and Lone Star Gas) utilizing state-of-the-art technology, arnd is rich with fealures for bosh the consumer in convenience, and the rallity with improved firnds availability, transaction prufilabliily and back-office processing axloutation. We feel that 'I'etePay is a superior pay-by-phone system featuring: CONSUMER ADVANTAGES + 't'he TelePay system has been designed so that. the consumer pays spontnneously (avoiding any Pre-registration) and.progresses through the system at a comfortable pace. The three different options that a caller can select are: first time user (slower and more instruction oriented), frequent user (a faster pace, while still giving instructions during the process), and the expedited option (a rapid input mode). • Descriptive billing information provides segjlj.n,;g payment information on the customers checking account or credit card statements for both the bill and the TelePay convenience fee. • • Based on customer selection, your own Voice Response Unit can automatically outdinl a customers' call directly Into the TelePay system. • Our 800-1'O-PAY-1'F phone line allows customers to pay any bill with a single call, and multiple CITY OP' DENTON hills with a single call • • CITY Of' DENTON can provide Telel'ay with customized maAeting messages r • • that yonr customer can inn to while their transaction is being authorized. I • 0 • ~jondaNo _ F)< _aLIa ATTACH'Wnt~11oK W • ..e1,;. BI-Lingual voice prompts guide the customer through the system in e elo PP r English or Spanish, UTILITY ADVANTAGES • TelePay does not require any CITY OF DENTON programming changes to utilize the system. We will perform all the programming requirements necessary to interface into your Treasury department and A/R system. • Detailed and summary reports of the days transactions are nutomatically faxed daily to CITY OF DENTON, this can be invaluable torerform market studies, etc. • You can select the time of day that you wish the "business day" to close, and there can be nntltiple settlements per day based on your requirements. • TelePay provides a customer service Inquiry line that will enable your CSR's to verify that a payment has been made on the TelePay system, All payments are instantly posted to the inquiry file, and are available for inquiry at any time. • Three-way calls into TelePay can be initiated by your CSR's while the customer is on the phone. This capability is invaluable to facilitate both hnbotind customer service and outbound collection efforts by C177 01%1)FN70M repsl • Proprietary security systems designed to prevent fraud and nuisance calls, All transactions are verified with the card issuing institution real-time while the customer is on (lie phone; insuring Ihot the card is not stolen, past due or over the credit line, • TelePay staff provides on-site training of your CSR's in usage of the System. To summarize, TelePay has developed an Interactive Voice Response (IVR) System that will allow your customers to tail a dedicated 800 number (via any touch-tone phone) to initiate a new service deposit or pay their monthly bill. The only data required Is the customer's embossed ATM or (credit) card number, the payee account number and payment amount...pre-registrntion is not required l Custonnner debiting and payee crediting occurs real-tune, No o n-ibne A7Mand credit card networks. A $ 1.00 fee will be charged to the customer for an A'I'M card payment, along with 800 charges to the payee. Credit • card fees are tied to the upper limit per transaction and can be adjusted at your discretion. Harlan, as a next step I would propose a tele-conference with your staff and you to discuss the Telepay System. in greater detail. I will contact you next week to determine a convenient time on your schedule. • Sincerely, C 7 K C~/ rte' Lance W. ~antor Vice-President • O • • o o ,PIT I ~ '~(IAA(fu~lAfl UM&W Te tmoopy WM Canbrllence R' This document contains proprietary and confidential material, end Is intended for use solely by po clients evaluating the TelePay System as an automated customer bill payment system, This material may not be copied, distributed, sold or disclosed without the prior written consent of TelePay, Inc, VOICE RESPONSE SCRIPT WORKSHEET ron CITY OF DENTON I X995 ~ ~ FEB 2 7 Targeted System Live Date: NAME/ ACCESS CODE SELECTION Company Name: Company Name Abbreviation (3 alpha character only): _ Company Access Code ( 3 numeric characters nnly): _ ACCOUNT NUMBER/ ALGORITHM SCHEME Account Number Length/I`ormal (e.g, 9 digit, XXXXX-XXX-X); -Is the trailing digit a "check digit"? (yes, no) -If yes, which Algorithm is utilized in the check digit scheme? Mod 10 , Mod I Other_ SECURITY FEATURES Velocity file Mainlenence (Determine Maximum Transactions per 30 Day Period): -Indicate the number of times you wish to restrict it customer accessing the system in a 30 ~ day period: times per Account Number, times per Credit Card Number. times, regardless of Account Number Q9 Credit Card Number. no restriction. l • Negative File Maintenence (Optional): • '1 If it is desired to block a group of customer accounts from accessing the system, a data file can be provided to 1eIcPay. Indicate whether you wish to utilize this option. Yes_ , No TelePay, Lin Pm~l and Confideetfal Pala 1 • • ATTAQ"Nb,~ CUSTOMER STATEMENT PRINT DESCRIPTION NOTE: The consumer will see two lines on their Credit Card Statement for a transaction - The face tmount of the Bill with 18-Character Payee Description - Fee Amount with TelePay Description Example: $100.00 SWBell Payment $5.00 TelePay Serv Fee Indicate the 18-character" description you wish to select _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ , CREDIT CARD PROCESSING Indicate the upper dollar Nmll you wish to establish per credit card transaction: $ NOTE: A recommended upper limit is 2 or 2.5 times your customers average monthly bill. SETTLEMENT PROCESSING Will a Value Added Network (VAN) be utilized for TelePay to transmit the detail of dally transaction volume? If so, indicate which VAN VRU TO VRU INTER-CONNECTION (Optional) Please indicate whether you intend to allow your own Utility Voice Response Unit (VRU) to "but-dial" a customer call directly into the TelePay System. Yes_. No we do not have this capability at this time_ • TekPq,I". Periaral~nJCa{A4N4! PIN Z f. • - w F I ' . bra ~c?~ ApendalUIZA~~L~.~: CUSTOMER SERVICE REP, (CSR) INQUIRY LINK; (Optional) TelePay "real-time posts" transactions to its client database (archived on the system for 90 days), and is available for inquiry by your CSR's 24 hours a day. Indicate whether you wish to utilize this inquiry line. Yes. No If so, please provide a four digit PIN for security access: BI-LINGUAL (Optional) Please indicate whether you would like your customers to have the option to hear the TeloPay System in Spanish, Yes. No MARKETING MESSAGES (Optional) At no cost for the first 6 months of system usage, three (3) ten (10) second advertising messages may be provided to TelePay, to be played while your customer Is on hold awaiting Authorization, Indicate whether you intend to provide customized marketing messages: Yes NO • TekPay,1". A~nomrf and Cee{Rla~drf - • r. r CITY COUNCIL . . . . . . . . . . . I . . F . . . . I M. . t o* o+ a N ~ o v d e r • ra • AgrdaNo ~ . Agendaltetr 3 I~te ciry of DENTON, rEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 # TELEPHONE(8171 _566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM., Lloyd V. Harrell, City Manager DATE: April 7, 1995 SUBJECT: Denton Together] - Status of Pz,)ject At the March 28 meeting, Council requested a follow-up report on the status of the Denton Togetherl project. Since the kickoff at TWU on Saturday, April 1, students from uoth universities have been very busy working toward the planned goals and activities, The following is a synopsis of their efforts. On Saturday, April 1, students iron the Lamda Chi Alpha fraternity at UNT participated in a yard clean-up at 925 Hill Street. This is the residence of Ms. Eulah Minms qho is 90+ years young. A picture of this activity appeared i,n Sunday's Denton Record chronicle along with a story of the kickoff event. Additionally, landscaping was added to the property at 1229 Morse Street, The funding for the landscaping was provided by the office of community Development for the City. TWU and UNT students participated in Adopt-a-Spot clean-ups and beautification (planting flowers) in the Fry Street/Avenue A area on Sunday, April 2, Most notable though was the painting over of the graffiti on Robertson Street at the railroad overpass. Members of a nearby church have offered to monitor this area and will attend to dny new graffiti that may appear, • On Monday, April 3, students from both universities visited with senior citizens at Fairhaven, Heritage Oaks, Cottonwood Manor, and Denton Nursing Center, There was a photograph in the newspaper on Tuesday of a TWU student involved in this activity. Reportedly, this goodwill mission was met with great favor. Students participated in clothing drives on both campuses on Tuesday, April 4, to benefit Friends of the Family and the • • Cumberland Pre::byterian Children's Home. A bur, was placed at City Hall and we have collected some clothing as well. ! 3 Wedirawel to nualio, Senire" • 4 I • Agendallea~~~W_.;~. This was followed by a proclamation designating Wedne(A), S4ril 5, as Civic Leadership Day. The combined student government associations from TWU and UNT met here in the Council Chambers at 6:30 p.m. Both the Mayor and I spoke to the students before they began their meeting. Thursday, April 6, was reserved for a community-wide canned food drive. Students were stationed at area grocery stores to promote Denton Togetherl and encourage donations to benefit the Community Food Center in Denton. Area participating grocers included: Albert,sons (I-35), Food Lion (2), Kroger (University), Piggly Wiggly (3), and Sac N Save, Students from TWU and UNT con ucted campus tours on Friday, April 7 from area high schools including the Feed Moore Learning Center. The activities were to conclude on Saturday, April 8, at UNT with a "Just For Kids" field day involving games, a rally, movie, Easter egg hunt, and cook out. Invitees included children from Cumberland Presbyterian Children's Home and Big Brothers/Big Sisters. All in all this has been a wonderful beginning to what we hope will be an annual event. Students from both universities have already discussed monthly meetings to begin in August to plan next year's activities. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, /IoAd Harrell City Manager Prepared by: • /osephP Portugal :assistant to the city anager I 0 c, 0 =CITY- COUNCI`` ~,100000CQ~ ti ra G I A V ~J U 4. ~=C ITY~ COUNCI: L.1 JAAJ-I~Ll t 2 to 4 !si ii • e~ • AgendaNn. CITY OF DENTON CITY COUNCIL MINUTESAgOodatta Y 4 d'_--_ March 7, 1995 Da10- i/--//- The Council convened into a Closed Meeting on Tuesday, March 7, 1995 at 5:15 p.m. in the Civil Defense Room. } V Y'~~ PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council held a Closed Meeting to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered responses to requests for bids from attorneys desiring to be retained to evaluate claim against GTE for delinquent franchise fees. 2. Considered settlement demand in the claim of Masinura Price. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Considered lease with Monex Resources, Inc. of Union Pacific and Rails-to-Trails right-of-way. 2. Discussed possible amendment to leases at Denton Municipal Airport. 3. Discussed the acquisition of property for expansion of the City's landfill. C. Persor:ne.l/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered performance evaluation and pay adjustment fur the Senior Assistant City Attorney. The Council convened into a Work Session on Tuesday, March 7, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members • Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding the proposed workplan for economic development strategy implementation. City Manager Harrell stated that this discussion began last week with the formal presentation to the Council of the Fantus report. At that time, staff furnished Council a working document which would implement the report. Staff, in coordination with the Chamber staff, assigned primary responsibility of one of the two • 0 • • City of Denton City Council Minutes BCdaNo, March 7, 1995 Page 2 a ~ ~~5a agencies for each of the Fantus recommendations or if it was a long range project, assigned the responsibility to the Economic Development Committee to address the recommendations made by Fantus. He would be presenting the items which the City should take the lead. If the consensus of the Council was that those were ) appropriate for the City, staff would prepare background information for Council to begin work sessions to discuss the recommendations and what alternatives were available to address the specific recommendations made by Fantus. The City's items were (1) The City should take the lead to start addressing how to restructure the Economic Development Committee. Currently the Committee was a large group made up of Chamber and City representatives. The Fantus recommendation was that the group be narrowed down. It was felt that the Committee was too large and should be reduced to effectively carry out the responsibilities of the committee. (2) The City should take the lead to talk about long range funding for economic development. The Fantus report stated that in order to accomplish many of the major initiatives such as an industrial park, a more substantial amount of money was needed. Staff would present alternatives and different ways the City government could gather public funds for that kind of implementation. A half cent sales tax was one option but there were several others which could be available. Fantus also felt that there was a need for on-going funding for an economic development professional staff. Council Member Perry asked if the backup materials could include those items currently being done. City Manager Harrell replied yes. (3) The City should take the lead on an on-going activity to involve the university communities in an economic effort. (4) The City should take the lead to work to publicize some of the planning and development reforms which had and will occur on the city level. (5) The city should take the lead to examine the development regulations and ordinances and make sure they brought in the kind of development favored by the public. (6) The City should take the lead for better development of the one-stop permitting process and the possibility of creating a u development coordinator. (7) The City should take the lead to begin a discussion with the Planning and Zoning Director to clearly define all goals of city development and have good customer service orientation. (8) The City should take the lead in the development of a comprehensive business park for the community. Council Member Perry asked for more objective data than what was supplied on how well a business park would function and what difference it would make in terms of dollars and cents. • ~ City Manager Harrell stated that staff could identify cities which had developed business parka and the success of much. • ca • City of Denton City Council Minutes Mor.dONo 3 March 7, 1495 Page Ohr,'; 10111 5~.~ - II Mayor Pro Tem Brock expressed concern that the City should not discourage private investment or that the City would not be actively competing with other cities. City Manager Harrell continued with the recommendations: (9) The City should take the lead in providing a spec distribution center. (30) The city should take the lead with the Highway Department to add an exit/entrance ramp at 135 at the Denton Airport. Staff would present alternatives on how to improve that area. (11) The city should take the lead in dealing with road congestion associated with development of business centers. (12) The City should take the lead in looking at the recommendations of the visioning process for developing alternative transportation modes. (13) The City should take the lead in mass transit offerings and specifically the Startec vision. (14) The city should take the lead in looking at and reexamining the incentive package adopted by the City, the School District and County. Council Member Cott felt that there were three issues to examine. (1) What would be a 3-5 year budget for casts and expenses for all of the items; (2) examine a revenue stream; and (3) there was a need for one person who would make final decisions. Council Member Miller expressed caution regarding the recommendation for the financing of infrastructure from non-tax paying entities such as the universities. He felt there was a need to make sure that no decision was made until all avenues had been examined. i Mayor Castleberry suggested discussing and giving staff direction iJ regarding the first recommendation concerning establishment of an economic development board. Counoi.l Member. Miller Pelt that part of that recommendation would be determined by what was done with the second recommendation concerning a half cent sales tax. If the sales tax option was incorporated, the establishment of an economic development board would be determined. • Mayor Castleberry asked if Council would like staff to look at other cities and their formation of economic development boards and the incorporation of a half cent sales tax. Council Member Perry felt that there needed to be enough options to consider. Five members of the economic development board might be e too few, seven members might be better. • Council Member Chew suggested giving staff direction to investigate all of the recommendations and then consider them individually. hI 1 • I- w • 0~~ NO„__~LJ.1 City of Denton City Council Minutes March 7, 1995 Page 4 Mayor Pro Tem Brock agreed that some of the recommendations could not be separated. Chew motioned, Brock seconded to proceed with the staff recommendation to investigate the Fantus recommendations designated for City lead and provide alternatives for those recommendations. Council Member Cott stated that the voters had agreed to a half cent sales tax increase approximately a year ago. He did not feel it was right to do another half cent sales in this time period. Council Member Chew stated that he might not be in agreement with a half cent sales tax but he would like to look at all options and then see how the item should proceed. On roll vote to follow staff recommendation, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote, 2. The Council reviewed the City of Denton's Fiber Optics System Financial Plan and Proforma. Bob Nelson, Executive Director for Utilities, stated that in 1990 the City installed a fiber optic system for use between various city facilities. Over the last several years as part of the electrical system upgrade, the system had been extended to the substations. During the process, some of the educational institutions such as UNT, TWU and DISD had expressed an interest to s connect to the City's fiber optic system. Council had asked staff to research the legal aspects for the City to offer such services and it was determined that the City could appropriately provide that service. A consultant was hired to provide expertise on a rate setting methodology. A proforma and business proposal was developed per Council direction to determine what a fiber optics system would mean financially to the City. Jim Harder, Director of Electric Utilities, presented an overhead detailing the current system along with the proposed and future fiber optic system. The fund structure for the business plan was an • enterprise fund and would he self-supporting. Part of the original system which connected the Service Center and City Hall was financed through certificates of obligation. That portion of the system would be purchased through this funding mect;anism and from the electric funding made in that area. Rate policies for the business plan included (1) Services would be limited to a private carrier with a non-dominant status; (2) Tariffs would be set at a ' • . • discount to the •,ocal Exchange carrier's tariffed rates; (3) An J education and governmental discount rider would be offered. This rate would be a 35% discount for the DISD only, a 25% discount to UNT, TWU, the City and Denton County. This rate would be offered to encourage economic development, There would be a contract • • City of Denton City Council Minutes March 7, 1995 Page 5 13iP 5v r> r, ' clause granting access for potential electric utility remote meter reading and demand site meter services. Operations Policies for the business plan included (1) A technical supervisor would staff the operation and a contract would be developed with the Electric Utility for 65% of the Special Project coordinator and 225 man- hours from the Communications Division to provide maintenance support. A central office site was proposed for a portion of the Central Fire Station due to its proximity to the Local Exchange Carrier. Potential customers from the educational community included the University of North Texas, Texas Woman's University, the Denton independent school District and the city library system. Potential customers from governmental agencies included Denton County and Denton Electric. one private sector telecommunications company had a definite interest in the system and several other private telecommunications companies had expressed an interest. Harder reviewed a proforma proposed for the project. In 1996 the system would be operating at a loss and after that would start to realize a profit. City Manager Harrell stated that the proposal to rent space in the Central Fire Station had been examined to be sure that enough space was reserved if in the future Council decided to reactivate the station. The cost of the rental was approximately $30,000 per year and those payments would be deposited into a special fund for future fire station construction. The Public Utilities Board had reviewed the proposal and unanimously endorsed the proposal. The proposal would allow excess capacity to be made available for others to hook onto the City's fiber optic network. Council Member Cott asked if this could be dono by an outside organization instead of doing it in-house. Harder replied that if Council Member. Cott were referring to the entire fiber system, that system was already in place. This proposal was for the marketing of excess capacity already in place. Due to a time constrii.nt, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. • The Council convened into a Regular Meeting on Tuesday, March 7, 1995 at 7:00 p.m. In the Council Chambers. PRESENT: Mayor Castleberry; Council Members Chew, Perry, Miller and Smith. ABSENT: Mayor Pro Tem Brock and Council Member Cott, 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. • w • µ p~oraaNo. ~ - City of Denton City Council Minutes March 7, 1995 !1(}3n(lEll!B~f~r Page 6 Council Member Cott joined the meeting. 2. The Council considered approval of the minutes of January 24, February 7, February 14, and February 21, 1995. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: Severe Weather Awareness Week Professional Social Work Month Denton Red Bud Days 3. The council considered a request by the Denton Arts and Jazz Festival for an exception to the noise ordinance April 29 and 30, 1995. Joseph Portugal, Assistant to the City Manager, stated that this request was for the 15th annual Arts and Jazz Festival. The exception was for Sunday, April 30 from noon to 8:30 p.m. Perry motioned, Smith seconded to approve the exception. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Resolutions of Appreciation City Manager Harrell stated that the following six resolutions which honored and expressed appreciation to the City's State legislative delegates were requested by Denton County. These would be presented to the legislators at Denton County Day on April 4. The following resolutions were considered: • RA95-006 RESOLUTION OF APPRECIATION FOR STATE REPRESENTATIVE MARY DZNNY RA95-007 RESOLUTION OF APPRECIATION FOR STATE REPRESENTATIVE 'BURT R. • SOLOMONS , RA95-008 RESOLUTION OF APPRECIATION FOR STATE REPRESENTATIVE JIM HORN r • 1- A • C r t^,RndBNR_ City of Denton City Council Minutes ',n March 7 1995 I Page 7 tr .`-~r... RA95-009 RESOLUTION OF APPRECIATION FOR STATE SENATOR JANE NELSON RA95-010 RESOLUTION OF APPRECIATION FOR STATE SENATOR DAVID SIBLEY RA95-011 RESOLUTION OF APPRECIATION FOR STATE SENATOR TOM HAYWOOD Cott motioned, Miller seconded to approve the resolutions. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Citizens Reports A. The Council received a citizen report from Joel Bessire requesting a change in an ordinance to allow pot bellied pigs in the City. Mr. Bessire stated that in November his wife bought a pot bellied pig as a family pet. These animals were clean, did not smell and did not carry fleas. The pig was also litter boxed trained. A neighbor complained to the Animal Control officials regarding the pig. There was an ordinance which prohibited pigs no closer than 1000 feet from a residence. He requested a change in the ordinance to allow him to keep his pig. These pigs were being kept in homes across the nation and were well-mannered and clean. The 1960 swine ordinance meant to keep residents from having a pig farm in a residential area and was not against pct bellied pigs. Joe Dodd stated that there was a difference between farm pigs and pet pigs. An ordinance must be carefully worded so as to not have a pig farm in the City. Laws needed to make sense and the current ordinance did not arply to pot bellied pigs. He urged the council to find a way around the current ordinance. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Sections 35-76, 35-77 and 35-301 of the Code of ordinances to delete the definition of "off-street parking incidental to the main use", delete same from the table of permitted uses and provide a list of permitted circumstances. (The • Planning and Zoning commission recommended approval 5-0). Frank Robbins, Executive Director for Planning and Development, stated that the proposed ordinance amended the zoning ordinance rules with respect to two variables - the main use of a building • I c.> e City of Denton City Council Minutes rp,~i;li.u f=~L` March 7, 1995 Page 8 and the parking lot incidental to that building. The current ordinance allowed off-street parking incidental to a non- residential use in a single family district if that zoning district existed on the same lot or tract as the main use. The proposed ordinance would delete the definition of "off-street parking incidental to the use" from the table of permitted uses and provided for permitted circumstances. The proposed ordinance was less restrictive than the 1969 ordinance and was consistent with other area city ordinances. The Mayor opened the public hearing. Henry Austin Smith stated that he was in support of the proposed ordinance as was the Denia Area community Group. The Group was concerned with the mixing of commercial zoning with parking lots in residential areas. Lights could present a problem as could litter from the parking lots. The proposed ordinance would reduce commercial/residential mixing of traffic. John Weber stated that he was in favor of the proposed ordinance and asked Council to consider the ordinance. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-042 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 35-76, 35-77 AND 35-301 OF THE CODE OF ORDIIIANCES OF THE CITY OF DENTON, TEXAS TO DELETE THE DEFINITION OF, AND TABLE OF PERMITTED USE ENTRY FOR, OFF-STREET PARKING INCIDENTAL TO THE MAIN USE, AND TO RELOCATE AND CLARIFY RESTRICTIONS APPLICABLE THERETO; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING All EFFECTIVE DATE. e Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council held a public hearing and considered adoption of an ordinance rezoning .661 acres from the Commercial (C) • district to a Planned Development district and adopting a detailed • e plan. The site was located between Locust and Elm streets, approximately 140 feet north of Prairie Street. (The Planning and J Zoning Commission recommended approval 5-0.) • • City of Denton City Council Minutes March 7, 1945 ~h l1 III Page 9}.: Frank Robbins, Executive Director for Planning and Development, stated that the reason for the planned development was that there was not a zoning district which allowed a straight zoning district to have apartments and non-residential uses in the same building. The planned development would have 6,000 square feet of office on the first floor and nine apartments units on the second floor. The Mayor opened the public hearing. 5 Brian Burke stated that a replat of the property was involved in the process. In the process of consolidating pieces of lots, driveways would be closed. Minimum floor elevations would exceed the City requirements. He asked for support from the council. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-043 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL ZONING DISTRICT (C) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED FORTY FEET (1401) NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST STREETS; APPROVING A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castlel.eiry "aye". Motion carried unanimously. 7. Consent Agenda Perry motioned, Smith seconded to approve the Consent Agenda as • presented. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A Bids and Purchase Orders: 1. Bid #1697 - Distribution Transformers 2. Bid #1731 - PVC Conduit and Accessories • • ® Bid ,1711 - Morse Street and Gardenview Sidewalks 4. Bid X1724 - Neighborhood Park Playground Construction 5. Bid x`1729 - HVAC Renovation 6. PC 053295 - Motorola • w • ^,CA3~U City of Denton city council minutes March 7, 1995 Page 10 i 7, Check Requisition - Department of Army Corps of Engineers B. Tax Refunds 1. IBM Credit Corporation - $992.12 B. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances B.A. - B.D. Smith motioned, Chew seconded to adopt Consent Agenda Ordinances B.A. - B.D. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, A. NO. 95-044 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. (4.A.1. - Bid 111697, 4.A.2. - Bid #1731) B. NO. 95-045 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.3. - Bid #1711, 4.A.4. - Bid 11724, 4.A.5. - Bid 11729) C. NO. 95-046 AN ORDINANCE PROVIDING FOR THE EXPDNTIRUE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQ1iIREMENTS OF COMPETITIVE; BIDS; AND PROVIDING AN EFFECTIVE DATE. (4.A.6. - PC 153295) • D. NO, 95-047 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE U" FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR OPERATION AND MAINTENANCE FEES AT LAKE RAY ROBERTS AS PER CONTRACT AGREEMENT WITH DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. (4.A.7. - Check Requisition) • 9. Ordinances A. The Council considered ac.°option of an ordinance ordering an election to be held in the City of Denton or. May 6, 1995, and, 0 c~ • xontl2No l v~ City of Denton City Council Minutes March 1l, 1995 Page bm ~~r~:, lCn] if a runoff is required, on June 3, 1995 for the purpose of electing councilmembers to Places 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual notice of the election; and ordering that the punch card electronic voting system be used. City Manager Harrell stated that this was the normal ordinance considered each year calling the municipal election and runoff if necessary. The following ordinance was considered: NO. 95-048 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY G, 1995, AND IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 31 1995, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 1, 21 31 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. Chow motioned, Perry seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", e n Y y , and Mayor Castleberry r,aye". Motion carried unanimously. B. The Council considered adoption of an ordinance leasing Union Pacific and Rails-to-Trails right-of-way between Prairie and Sycamore Streets to Monex Resources Inc. to expedite unloading of rail cars. Mike Bucek, Acting City Attorney, stated that the City was working with union Pacific to reallocate different properties in the area and while that was ongoing, there was a user who needed the property for the unloading of rail cars. The following ordinance wan consideredf • N0. 95-049 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, MT.sSOURI PACIFIC RAILROAD COMPANY AND MONEX RESOURCES, INC. FOR THE LEASE OF RAILS TO TRAILS RIGHT-OF-WAY BETWEEN SYCAMORE AND PRAIRIE • STREETS TO EXPEDITE UNLOADING OF RAILCARS; AND PROVIDING AN • • EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", tlmith "aye", Chew "aye", Perry d 0 • • P;;c d NO City of Denton city council Minutes March 7, 1995 f Page 12.11 "aye", and Mayor Castleberry "aye". Motion carried unanimously. i C. The council considered adoption of an ordinance approving the mutual termination by t a City of Denton and Bruce Brown of the "Tract C" lease of airport property, said property consisting of 33,541.20 square feet an(' repealing Grdinance No. 94-229. Rick Svehla, Deputy City Manager, stated that several weeks ago, council considered assign.:ng different leases in the area. Mr. Brown petitioned the Council several months io to divide his lease and this was the last piece to be released. The following ordinance was considered: NO. 95-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE MUTUAL TERMINATION BY THE CITY OF DENTON, TEXAS AND BRUCE BROWN OF THE "TRACT C" LEASE OF AIRPORT PROPERTY, SAID PROPERTY CONSISTING OF 330541.20 SQUARE FEET; REPEALING ORDINANCE NO. 94-229; ANn PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Resolutions A. The Council considered approval of a resolution recognizing the need for a new Federal Income Tax Credit to encourage the rehabilitation of older buildings for homeownership. (The Historic Landmark commission recommended approval.) Jane Jenkins, Preservation officer, stated that it was anticipated that sometime during this congressional session, a bill would be introduced to provide middle class tax relief to owners of historic homes. This tax credit would be very similar to the current credit for income producing properties. Tne credit would a 20% income tax • credit to rehabilitate historic buildings and would limit $50,000 for each residenco. This would give an opportunity to individuals in the middle class to renovate their homes. The following resolution was considered: NO. R95-020 e A RESOLUTION RECOGNIZING THE NEED FOR A NEW FEDERAL INCOME TAX r r CREDIT TO ENCOURAGE THE REHABILITATION OF OLDER BUILDINGS FOR HOMEOWNERSHIP IN THE STATE OF TEXAS, CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. i a ~ O • s City of Denton City COUnCil Minutes Qvlo,No March 7, 1995 Page 13 ATll!i:Jloflj - Smith motioned, Perry seconded to approve the resolution. On roll vote, Cott "nay", Miller "aye", Smith "ayelf, chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. Council Member Miller expressed a concern that tax relief of this type would be taken out of existing programs. He felt that there was a need to make sure these are restored from the federal government. B. The council considered approval of a resolution authorizing the City Manager to execute a ground lease agredment between the City of Denton and John K. Selvidge for approximately 0.615 acres of property located at the Denton Municipal Airport, The following resolution was considered: NO. R95-021 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND JOHN K. SELVIDGE FOR APPROXIMATELY 0.615 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Smith seconded to approve the resolution. On roll voteCott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The council considered approval of a resolution postponing the April 4, 1995 city Council meeting to April 11, 1995. City Manager Harrell stated that Council would be attending Denton County Day in Austin on April 40 1995. The following resolution was considered: • NO. R95-022 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF APRIL 4, 1995 TO APRIL 11, 1995; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve vote, Cott "aye", Miller "aye", Smith Itathe yelf, Chew resolution. ~nPeroll rry aye , and Mayor Castleberry "aye". Motion carried unanimously, r 11. The council considered nominations/appointments to the Juvenile Crime Interagency coalition. 0 0 • I ~ • City of Denton City Council Minutes March 7, 1995 Page 14 Mayor Castleberry stated that this item had been diisc~sssed several times and Council still had an at-large nomination to consider. There was no nomination at this time. 12. The council considered a nomination to the Xeefs Uunton Beautiful Board and the Traffic Safety Comsr.ission, Council Member Chew nominated Mabel Devereaux to the 3coep Denton Beautiful Board. Council Member Miller nominated Brenda Minnis to the T're.r, i.c Safety Commission. 13. vision Update Council Member Miller stated that the Vision Statement for the p star of Texas - a rojects was "In the 21st century, we envision Denton as the north learning and playing." Four community action excellence C would be ifomedwtokdeal with the themes of living, working, learning, and playing. The work theme would strive to develop Denton as a leading entrepreneurial city that attracted high-tech, high-skill, and high-paying jobs. Major actions involved in this theme included a business and industrial hark, a review and revision of development policies and providing appropriate infrastructure. The learn theme would strive to develop Denton as a community that promoted excellence in lifelong learning by providing educational and training Included iDISD recognition asZansexcellent system andopromotion hand involvement of the universities. The live theme would strive to develop Denton as a safe, attractive community with strong neighborhoods, a unique identity, quality accessible health care, and a sense of historical pride. Major actions for this theme included strong neighborhoods, and well-defined entranceways. The play theme would strive to develop Denton as a center of diverse and accessible cultural and recreational opportunities. Major actions for this theme included construction of a performing arts center/ music hall at UNT, an arts and entertainment corridor and • development of the Court House Square. Action Teams were being J formed and citizens were needed to become involved with the four different themes. 14. Miscellaneous matters from the City Manager. Council returned to Work Session 02. 2. The Council reviewed the City of Denton's Fiber optics System Financial Plan and Proforma. • 0 • • City of Denton city council minutes n(! w0 March 7, 1995 1911 Page 15 Council Member Miller asked what were the next ste a with the issue. P for proceeding Harder replied that staff would present an ordinance to Council for an agreement with a prospective customer. Council Member Miller stated that he was not clear on the total picture. Would the ordinance be for the process or for a contract with a customer. City Manager Harrell stated that the Public Utilities Board had reviewed the item and had agreed with the recommendations. The Utility staff had been receiving requests from customers to connect t o the City's system. If it desired, Council could have another work system session to discuss the item in order to proceed with the Council Member Miller felt that there needed to be some way to have a public hearing regarding the issue. This was a sensitive area but had not been explored publicly. He asked if there was a mechanism to use to enable the public to have input into the proposal. Council Member Cott felt that an outside entity should be dealing with the proposal. Mayor Castleberry stated that the City was already using fiber optics and asked If approval had already been given to move ahead with the project. City Manager Harrell stated that the Council authorized that fiber optics be laid in city facilities to make use of that system. That was decided a number of years ago. Council had been involved, through the budget process, of approving the connection of the substations throughout the city to the network. The City was now at a point where other entities in the community were asking for access to the excess capacity on the system. There was no policy if that was appropriate for the City to do and was the pricing system which provided discounts to educational and public entities • in the community correct. Because of Denton's size it was unlikely that this technology would be widely available unless stimulated by the City, member council alternatives had coeen lstated ooked at ndhdid not believe cities should be doing this. Mayor Castleberry asked if staff should develop an ordinance. Council Member Co+:t felt that an ordinance was not needed but that conversation was needed. • O 0 • City of Denton City Council Minutes ,;^C~'IidO._..1.c1 March 7, 1995 n 11 ',tfl_~# Page 16 4__.1-61-t- 1(0 a4 Mayor Castleberry stated that an ordinance was needed for discussion. Council Member Perry felt that this was a very significant step for the City and had all kinds of tobsibilities for the city. He felt that the City should move ahead with the project. Council Member Smith stated that the proposal had been discussed over many meetings and felt that the topic had been covered quite well. She was in support of proceeding with the proposal. Council Member Miller felt that public input was needed regarding the possibility. He had been told that GTE had more fiber optics laid than the City did. As this had been considered in a study session there had been no public input. Council Member Chew agreed that had the Council had discussed this issue many times and that the project should proceed. Mayor Castleberry stated that he was interested in the project and requested that an ordinance be developed as soon as possible. City Manager Harrell continued with his items: B. A letter had been received from the North Texas Council of Governments discussing the appointment of the Dalhoma Trail Advisory Committee. It had been requested that two representatives be appointed to serve on that committee. In the past, there had been a staff representative from the Parks and Recreation Department. He suggested that the new Parke and Recreation director be one of the individuals as well as one of the Council Members. Smith nominated the Mayor to one of the positions. On roll vote, Cott "aye", Miller "aye", Smith "aye", chew "aye", Ferry "aye", and Mayor Castleberry "aye". Motion carried unanimously. • City Manager Harrell indicated that the two appointmentm would be the Mayor and the Director of Parks and Recreation. C. During a recent meeting of the investment committee it was noted that all city funds through the investment activity earned $4.9 million worth of interest income. That amount flowed back, to various funds of the City. In contrast to the old policy • of purchasing certificates of deposit, $705,000 was realized with A the new policy. 15. There was no official action taken on Closed Meeting items considered during the Wo-k Session. A Qd . City of Denton City Council Minutes , i~gpl.G6.-•-_. March 7, 1995 Page 17 `i r, r 16. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Smith asked that staff look at a proposed change in the ordinance dealing with swine in the City limits. B. Council Member Miller stated that there would be a dinner in Austin for the legislators in the North Texas area which was being sponsored by the Regional Transportation Council and Council of Government Executive Board. 17. The Council returned to Closed Meeting to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered responses to requests for bids from attorneys desiring to be retained to evaluate claim against GTE, for delinquent franchise fees. 2. Considered settlement demand in the claim of Masinura Price. B. Real Estate Under TEX. OOV'T CODE Sec. 551.072 1. Considered lease with Monex Resources, Inc, of Union Pacific and Rails-to-Trails right-of-way. 2. Discussed possible amendment to leases at Denton Municipal Airport. 9. Discussed the acquisition of property for expansion of the City's landfill. i C. Personnel/Hoard Appointments Under TEX. GOVT CODE Sec. 551.0;4 e with no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS e ~ e e: JERNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO0259 :uric • G, • ! ? 4 11 ' CITY OF DENTON CITY COUNCIL MINUTES March 21, 1995 f~Q The Council convened into a Closed Meeting on Tuesday, March 21, 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Courcil Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council considered the following in a Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.u.', r 11 Discussed responses to RFP for law firms desiring to represent City relating to failure of GTE to produce records and remit franchise fees as required by the City Charter and discuss GTE's response to issues raised in meeting of March 6, 1995 with GTE's attorney. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered performance evaluation and pay adjustment for the Senior Assistant City Attorney. The Council convened into the Work Session on Tuesday, March 21, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None F i 11 The council received a report, held a discussion and gave staff direction regarding an amendment to the current ordinance regulating the keeping of swine in the city limits. • Nonie Kull, Director of Environmental Health Services, stated that Coun<,il had a request from a citizen to review the current ordinance and consider a possible amendment to allow pot bellied pigs within the City limits. The current ordinance treated these animals as swine which had to be housed 1000 feet from any building being used for habitation. The American Humane Association had no • opinion whether to keep pot bellied pigs as a pet. Problems • associated with the pigs included rooting, squealing, etc. Several communities in the area allowed these animals as house pets. Some cities had restrictions such as number in a house or s+,ze of the pigs. • 0 • ca • City of Denton City Council Minutes ~.~~^Q F March 21, 1995 Page 2 Council Member Smith asked if the Cities surveyed allowed the pigs only indoors and not out in yards. Kull replied that some cities allowed the pigs out only as need dictated. Basically the animals were housed in the residence. Some veterinarians suggested that the animals must be allowed outside for a minimum of one hour a day in order to be maintained in a healthy fashion. Council Member Miller asked if any of the surveyed cities indicated that they would like to reconsider allowing these animals in their city limits. Kull replied that there seemed to be a split feeling regarding such a decision. In some cities the animals were not being maintained correctly and the associated nuisances from the animals were a problem. Council Member Perry asked if there was any information indicating that once the pigs were allowed were other individuals asking for different kinds of animals to be allowed in the city limits. Kull replied that a number of communities indicated that that might be a major problem as it might open the door for other types of animals. Council Member Cott felt that the issue was one of pr,lservaticn of neighborhoods in Denton. That could not be done with livestock in the neighborhoods. Mayor Pro Tem Brock asked if the original complaint was about the nuisances associated with the pig. Kull replied that the original complaint was that a pig was at the house. • Cott motioned, Chew seconded to not proceed with an ordinance ~ II fl, Smithm"aye Chew l IIaye11 Perry Ifayfl cke"aye,,, Cott and Mayor Castleberry "aye". Motion carried with a 6-1 vote, 2. The Council considered recommendations from the 191 Committee to use interest money to fund CIP projects and gave staff • • • direction, Rick Svehla, Deputy City Manager, stated that tha 191 Committee met on March 6th to review staff suggestions of seven projects which were listed in the agenda backup. The Committee voted to recommend • 0 . r • City of Denton city council minutes March 21, 1995 Page 3 r t the projects to Council. one member abstained due to the funding of engineering costs for the feasibility study for Highway 2499. Staff indicated to the Committee that Highway 2499 had been a priority of the Council for many years. 4 Council Member Cott asked if there was only $177,000 left from all of the City's bonds. s Svehla replied no that some bonds were not yet sold. This was interest money accrued from the sale of the bonds. over the last five years council had received recommendations from the 191 Committee to allocate interest money for certain projects. Council Member Cott suggested that the Committee consider returning the money to the taxpayers. Council Member Miller stated that there was one project which would cost $10,000 for consultant fees. He suggested sending a letter to the Highway Department indicating that the City did not fee] it was a prudent use of the money when the project could be done in-house. Perry motioned, Chew seconded to diract staff to prepare the necessary paperwork to implement the 191 Committee recommendations. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The council received a report and h--ld a discussion on proposed amendments to the lease agreement between the city and Morrison Milling Company. Aruce Hennington, Facilities Manager, stated that Morrison Milling was currently leasing space at the Denton Municipal Complex. Morrison was in the process of planning its medium and long range goals and was requesting that the city formally commit to the second term of the lease two years early. There was a provision in the existing lease in which the square footage could be reduced or the leas,4 terminated if desired. Much of the money from the Morrison rental was used to pay back the renovation costs of the Denton Municipal Complex. The second term of the lease would start on April 30, 1997. The current contract provided for a one year notice to reduce or terminate the contract. The new contract would provide for a two year notice. If the City reduced the lease spa,q 0 under the old contract, Morrison had the right to terminate the lease which would be effective one year from the date of the City's notice. In the new lease this would be increased to two years from the date of the City's notice. • 0 T~ City of De:,ton City Council Minutes March 21, 1995 Page 4J) City Manager Harrell stated that in all of the Cityss lnng range space plans, there was no indicatJon of a need for this space under the term of discussion. Originally staff had projected revenue from the rental for 10 years. Council Member Cott requested a profitability by space for the building. Mayor Pro Ten Brock asked who did the renovations for Morrison. Hennington replied that the City paid for $100,000 of renovations and would recoup that back in the rent over a tan year period. That work was done on the docks tnd any inside ,pork was done by Morrison. 4. The Council received a report, held ,A discussion and gave staff direction regarding a request by Denton County for participation in the paving of shady Shores Road. Rick Svehla, Deputy city reque ted $25,000 for the paving of Shady stated Shores Road hichVstaff felt was a reasonable amount. Commissioners Courts had conridered this proposal at a recent meeting and discussed how to fund the improvements. The which Cweresavailableanow and resolution would t be nrestor using eduaf".er the next bond sale, The City's recommendation was that Highway 2499 was a priority of the City and did not want to jeopardize the project. The Commissioners who voted in favor of the resolution assured staff that the Highway 2499 project would not be affected in any manner. If Council wanted to approve the request from the County, it might also consider including a statement that the Highway 2499 project would not be impaired in any manner. Mayor Castleberry stated that the funds for the project would come from the street fund, O Brock motioned, Perry seconded to proceed with the staff recommendation. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council convened into the Regular Meeting on Tuesday, March 21, 1995 at 7:00 P.M. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None • • City of Denton city council minutes 9!I!, _ ~j" March 21, 1995(_.1_„q~ ? Page 5 1. Pledge of Allegiance The Council and members of the audience recited the P1edgF of Allegiance. 2. The Council considered approval of the minutes of the Feb::^uary 29, 1995 meeting. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: Believe It Or Not I can Week Sexual Assault Awareness Week 3. The Council considered adoption of an ordinance annexing a tract of 199.5 acres located east of Mayhill Road and north of Edwards Road; and approving a temporary agricultural zoning district classification for the annexed property. (The Planning and Zoning Commission recommended approval 5-0.) Harry Persuad, Senior Planner, stated that this item dealt only with the annexation of the property and did not involve the landfill zoning consideration. The Denton Development Code provided that property annexed into the city received temporary agricultural zoning. There was an item later on the agenda which would change that zoning. Six affirmative votes were needed to pass the ordinance. The following ordinance was considered: • NO, 95-051 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT OF F 199.5 ACRES LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS ROAD; APPROVING TDIPORARY AGRICULTURAL ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; AND DECLARINr, AN EFFECTIVE DATE. Miller motioned, chew seconded to adopt the ordinance. 0't roll ' vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried a unanimously. F 0 • • (J City of Denton City Council Minutes ~l March 21, 1995 Page 6 4. Public Hearings A. The Council hell a public hearing and considered adoption of an ordinance providing for a change from temporary Agricultural Zoning District (A) to Light Industrial (LI) zoning district classification and use designation for a 199.5 acre tract located north of Edwards Road and east of Mayhill Road and approving a specific use permit to operate a landfill in the district. (S-204) (The Planning and Zoning Commission recommended approval 5-0.) Harry Persuad, Senior Planner, stated that the Denton Development Plan had a specific policy which related to the development of land and requirements around landfills and wastewater treatment plants. That policy stated that additional residential development would not be zoned within 25001 of the wastewater treatment plant. The residential development would be generally restricted between 25001 and 4000' from the plant. The area within 2000, of the wastewater treatment plant would be used for industrial purposes, preferably industries which could used the effluent from the plant as cooling water or other processes requiring low quality water. That policy had been in the Plan for 10 years indicating the type of land uses allowed in the vicinity of the wastewater treatment plant. The Planning and Zoning Commission determined that the Light Industrial zoning would be consistent with the Denton Development Plan. In addition to Light Industrial zoning, the City was petitioning for a specific use permit to operate a landfill on the site. Persuad reviewed the proposed density of the bufferyards around the site. The specific use permit required certain bufferyard requirements. When the landfill operations were within 300' of Edwards Road, the applicable bufferyard would be installed. At least 50% of all required vegetation would be evergreen, the bufferyard along Mayhill Road would be installed progressively as landfill operations took place along Mayhill frontage. All bufferyards would be adequately irrigated, trees would not be planted in drainage areas, plant locations would be approved before installation, the height of landfill would not exceed 951 above • the elevation of Mayhill Road. The permit would be request-%ng 930 for the maximum height. Residents ewere sconcerned that the landfill would be an eyesore especially from the 135 Highway. Persuad presented several slides which showed the DFW landfill and demonstrated the line of sight view of the proposed landfill from various locations around the proposed site. The Planning and Zoning commission voted 5-0 :or approval for the • • landfill zoning. The Mayor opened the public hearing. J~ 1 • 4 e csa • City of Denton City Council Minutes March 21, 1995 Page 7 a~ ~5 J. W. Giese stated that he was speaking on behalf of the Public Utilities Board. The Board had had extensive discussions regarding the proposal and had endorsed the proposal. It was felt that it would be an asset for the City. ti Wade Willis stated that he was opposed to the proposal. This proposal would be one of the highest points in Denton County and would be an eyesore. Positive growth was occurring in this area and it, was ridiculous to approve this proposal. He asked the Council to represent the people of Denton. If people knew how this would look, the entire Chambers would be full. The right thing to do was to take a look at the height of the site, consider moving the site, and moving the setbacks further back. He presented Council with a map of all the individuals he had contacted who were opposed to the proposal. They represented approximately 500 acres of the landowners in the area. They felt this proposal would reduce the property value of the area by 50%. A landfill in the area would make that area a slum and he asked Council to vote against the proposal. Wilma Haggard asked the Council to move the easements back further from Mayhill Road and lower the height of the landfill. She did not feel the representation for the ].lne of sight was correct. Marilyn Haggard expressed a concern that the line of sight was a representation from the parking lot of the Golden Triangle Mall. That was a low area and the line of sight would be different when looking across from the highway or the subdivision across 135. That needed to be a consideration. She was opposed to the landfill in the area due to the growth of the area. Mayhill Road was a very busy road and was poorly maintained. She felt that the road i condition would worsen if a landfill was in that area. Joe Doye stated that his uncle lived across from the proposed landfill site. He had major concerns about the expansion of the e landfill. lie was not concerned about the change in zoning to Light Industrial but stated that it was not acceptable to change to a specific use permit for a landfill site. The neighbors in the area should be considered in the proposal. He requested that if Council continued the two cases together, that the proposal be tabled at this point in time and evaluated further. He suggested moving the site further north rather than south. ® 1 The Mayor closed the public hearing. Council Member Miller asked how the landfill would develop over a period of time and what was that period of time. • o • • ' 'AM City of Denton City Council Minutes March 21, 1995 DF~ Page 8 y f Persuad stated that the operation would start on northwest corner and proceed south. It would take about B-10 years to get to that point. It would then proceed towards other parts of the site. It was estimated that the proposed landfill would have a 30-35 life time. Council Member Miller asked about the height of the landfill in the early years. Howard Martin, Director of Environmental Operations, stated that the elevation along the first phase would be approximately 650 feet above mean sea level. Mayhill Road was approximately 600-605 feet above mean sea level. Council Member Miller stated that the 90t height would not appear over a year or two but that it would take many years. This proposal was adjacent to the existing landfill. Martin stated that the current height of the landfill was 6141 mean sea level and the increase in height would be over a ten year period. The ultimate plans would include the existing site. Council Member Miller asked if the bufferyards could be planted right away instead of on an as needed basis as proposed. Martin stated that the details of the cost of the bufferyards were being worked on but that it would be possible to plant those trees right away particularly along Mayhill Road. Council Member Miller asked if there would be a great lose of space if the bufferyards were moved back. Martin replied that to change the buffer zone from 1501 to 5001 along Mayhill Road would result in a loss of 2.8 million cubic yards of volume which translated to 8 years of landfill life. If the buffer zone were moved on Edwards Road back from 1501 to 5001, • 1.7 million cubic yards or 6 years of landfill life would be lost. To move the buffer zone back a total of 500 1 would result in a 14- 15 year loss of life for the landfill. If the site elevation were limited to 650, mean sea level, there would be a loss of 3.6 million cubic yards or 13 years of landfill life. Council Member Cott asked how far the proposal was from Lake • Lewisville. • y Martin replied that it was approximately 1.5 miles upstream from Lake Lewisville. • 0 A 0 0 City of Denton City Council Minutes March 21, 1995 Page 9 ~J t Council Member Cott asked if there would be a bird problem with the site. Martin stated that the birds were at the existing site and that they would be a consideration at this site. Mayor Pro Tem Brock stated that the City had the responsibility of dealing with the solid waste of the City and had to be responsible for long range planning. There were two years life left in the current landfill. A citizen committee recommended that the City gain additional landfill space. The environmental issues were very restrictive and citizens had a great deal of opportunity to provide input during the process. Other locations would cause problems for other citizens. This was an area where a landfill already existed. She agreed with the idea of proceeding first with the bufferyards. The following ordinance was considered: NO. 95-052 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TEMPORARY AGRICULTURAL ZONING DISTRICT (A) TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 199.5 ACRE TRACT LOCATED NORTH OF EDWARDS ROAD AND EAST OF MAYHILL ROAD; APPROVING A SPECIFIC USE PERMIT TO OPERATE A LANDFILL IN THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council held a public hearing and considered adoption of an ordinance amending Section 34-125 of the Code of Ordinances • to prohibit the platting of lots with lot-incompatible zoning districts. (The Planning and zoning commission recommended approval 7-0.) Harry Persuad, Senior Planner, reviewed the terms of definitions for incompatible zoning. The ordinance consisted of three components which prohibited the platting of a single lot when 1 • residential and nonresidential zoning districts were combined on • the same tract; combining single family with multifamily zoning; and residential zoning combined with any planned development. The Mayor opened the public hearing. A O • • City of Denton City Council Minutes March 21, 1995 ~D Page 10 t y Austin Smith stated that he was in favor of the proposal. He stated that the proposal was approved by the Denia Homeowners group. John Weber stated that the Denis Area Community Group was in favor of the proposed ordinance. No one spoku in opposition. The Mayo closed the public hearing. The following ordinance was considered: NO. 95-053 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34- 125 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ADD A NEW SUBSECTION F, PROHIBITING PLATTING OF LOTS WITH LOT- INCOMPATIBLE ZONING DISTRICT AND DEFINING THAT TERM AS USED THEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye,,, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. The council considered two variances to the subdivision and Land Development Regulations, regarding sidewalk and perimeter paving, for Hickory Creek Estates. The 138.8 acre tract was located north of Jim Christal Road, immediately west of Egan Road. ( approval on a 6-1 The Planning and zoning commission recommended conditional conditioned on $7,560.00 vote, lot for road improvements be provided by the developer for five of the seven lots in the subdivision.) • Frank Robbins, Executive Director for Planning and Development, stated that a conveyance plat and final plat for the property had been reviewed by the Planning and Zoning Commission. The subdivision regulations required that a substantial length of Jim Christal and Egan Road be paved two lanes, 24' of payment to City specifications plus sidewalks. The cast of that project would be ® $310,000. The development proposed the creation of 7 lots. The ordinance stated that Council could vary the standards, perimeter street paving and sidewalks, if the requirements were in excess of the need created by the development. It was estimated that there would be only 70 vehicles trips in that large area of land. The • O • as • -DI City of Denton City Council Minutes March 21, 1995 Page 11:-~.1, q. Planning and Zoning commission felt that the amount was excessive for the number of trips. This would be a conditioned variance that $7,560 be paid for lots 3-7 on Jim Christal Road. When the property was finally platted, the two lots on the western end would not be included in the requirement. Perry motioned, Chew seconded to approve the variances. on roll vote, Brock "aye", Cott "aye", Miller 1~aye'l, Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry llaye". Motion carried unanimously. 6. Consent Agenda Perry motioned, Chew seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders: 1. Bid ,01718 - Refuse Containers 2. Bid 01728 - Electric Meters CT's and Meter Sockets 3. Bid 01733 - Service Bodies and Crane 4. Bid 11739 - 12 Cubic Yard Refuse Body 5. Bid ,01707 - South Lakes Park Construction 6. Bid 01737 - Renovation Fred Moore Child Care Center B. Tax Refunds 1. G. E. Capital Mortgage Services, Ina, / Betty McKean - $975,1.3 2. First American Title Co./Shelley A. Alexander - $806.08 3. First American Title Co./Robert A. Walker - $780.77 4. Jeff Wawro - $591.85 5. Fleet Mortgage Group/Gary M. Jenkins - $680.93. • 7, Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 7.A, - 7.8. Smith motioned, chew seconded to adopt the Consent Agenda , • Ordinances 7,A. - 7.B. On roll vote, Brock "aye", Cott "aye", • • Miller "aye", Smith "aye", chew "aye", perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. i i • O 0 O lift IM, City of Denton city council minutes March 21, 1995 Page 12 A. 95-054 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. (5.A.1. - Bid .01718, 5.A.2. - Bid ,.1728, 5.A.3. - Bid .`1733, 5.A.4. - Bid 01739) B. 95-055 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS. (5.A.5. - Bid #1707, 5.A.6. - Bid 01737) 8. Ordinances A. The Council considered adopts->n of an ordinance amending the 1994-95 budget of the City of Dentoi, by appropriating the sums of $20,833 from the unobligated fund balance of the motor pool fund to account number 720-025-0584-9104. Jon Fortune, Chief Finance officer, stated that this ordinance would amend the motor pool fund budget by allocating $20,833 from the unappropriated fund balance of the motor pool fund to purchase a 15 passenger van for the Parks Department. An existing van had been destroyed by fire in January which was an unforeseen expense from when the budget was adopted. council Member Miller stated that a second van was used to transport young people and the elderly by the Parks Department. That van had as many miles as did the van which was destroyed by fire. tie asked about making that van a high priority item for replacement. City Manager Harrell stated that last year was the first time in several years that council could set aside dollars for funding one • time expenditures out of the operating funds. That was not possible in past years and many vehicles accumulated a high amount of miles. This year the Parks Department was able to budget for a replacement van which had been ordered. This proposed van would replace the one which had been destroyed thus allowing the Parks Department to have two new vans. ® The following ordinance was consia.eredr • 4 • • w City of Denton City Council Minutes f1 _ March 21, 1995 1 Page 13 NO. 95-056 AN ORDINANCE AMENDING THE 1994-95 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUMS OF $20,833 FROM THE UNOBLIGATED FUND BFLANCE OF THE MOTOR POOL FUND TO ACCOUNT NUMBER 720-025-u584-9104 TO PROVIDE FOR THE PURCHASE OF A PASSENGER VAN FOR THE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye,,, Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. B. The Council considered 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 one additional 15 passenger van bid item 08A. (Bid #1693) The following ordinance was considered: NO. 95-057 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 014E ADDITIONAL 15 PASSENGER VAN BID #8A; PROVIDING FOR THE EXPENDITURE OF FUNDS THERF.FJRE; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance, on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the city Manager to execute an agreement between the • City of Denton and the law firm of Freilich, Morgan, Leitner & Carlisle retaining such firm to propose revisions to the City of Denton Zoning Ordinance based on the recommendations of the Zoning Ordinance Task Force. City Manager Harrell stated that the funds for this ordinance had been approved in the budget last year as a one time expenditure. O This ordinance would provide legal expertise to assist with the drafting of a revised zoning ordinance, The following ordinance was considered; • O • ez> City of Dentor, city Council Minutes March 21, 1995-. Page 14 NO, 95-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE LAW FIRM OF FREILICH, MORGAN, LEITNER AND CARLISLE RETAINING SUCH FIRM TO PROPOSE REVISIONS TO THE CITY OF DENTON ZONING ORDINANCE BASED ON THE RECOMMENDATIONS OF THE ZONING ORDINANCE TASK FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "ayeand Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. Nonis Kull, Environmental Services Manager, stated that this was the fifth year for this agreement in which the City would shelter animals from Corinth. The following ordinance was considered., NO. 95-059 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION GF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll • vote, Brock "aye", Cott "aye", Miller "aye" Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance limiting the parking of vehicles on certain portions of East Hickory Street i, to one hour parking. O O O, , Rick Svehla, Deputy city Manager, stated that council considered an ordinance in November which established a number of no parking spaces at the Denton Municipal Complex. This ordinance would limit the parking to one hour at those locations. ~ d • • City of Denton City Council Minutes March 21, 1995 Page 15 ~A F The following ordinance was considered: G NO, 95-060 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. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "eye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. This item was pulled before the meeting. G. The Counc13, considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue, Council Member Miller requested that the Council allow individuals to speak on the next ordinances all at once rather than separately. Consensus of the Council was to allow individuals to speak at once rather than at each item. Chuck Carpenter, Denton Chamber of Commerce, read a statement from George Highfill. Mr. Highfill's statement indicated that monies from this project were essential for the development of the organizations, He felt that the allocation should remain as it was. The Denton Convention and Visitor Bureau only had such allocations and received no other monies, To reduce the allocation to the Denton Convention and Visitor Bureau would hamper the efforts of the organization. • JoAnn Ballentine, stated that the Chamber of commerce had been in partnership with the City of Denton to operate the Convention and Visitors Bureau since 1976. The percentage of the occupancy tax distributed to the Chamber had increased as well as the overall occupancy tax revenues. She felt that the Bureau had demonstrated financial responsibility to promote Denton and had been successful • • J • in its efforts to increase occupancy and contribute to +-.he economy for the hospitality industry. The Bureau wanted to continue to do these programs but needed to be in the position to take advantage of the opportunities which affected Denton's hotels and related busine3ses. The Bureau relied totally on the hotel allocation. She • t1 • w • City of Denton City Council Minutes March 21, 1995 Page 16 questioned the use of occupancy funds for the renovation of the Civic Center. A cap on their allocation would prevent growth and would not provide an incentive for agencies to do their best. She suggested that Council extend the current contracts for 6 months to provide an opportunity for further discussion. Janet Harrold stated she could not understand the reasons for the reduction in the allocation and the proposed cap for the contracts. The Greater Denton Arts Council was currently working on many cooperative projects and with the change in the contracts, her time would be shifted from planning to fund raising. The Greater Denton Arts Council would have to spend more time on fund raising rather than on programs. The proposed cap did not provide for growth or any incentive to strive for quality or return on investment. She asked for an extension of the existing contracts to provide an opportunity for discussion. Jon Fortune, Chief Finance officer, stated that the current contracts with the hotel recipients would expire on March 31st. In anticipation of that expiration date, council appointed a subcommittee to analyze the current contracts and possible uses of the monies. The subcommittee conducted a survey of other cities on the use and allocation of the tax. An internal audit was performed to determine how the agencies were complying with the current contracts. The subcommittee heard presentations from the current recipients and three other agencies. Contract changes included: (1) the term of the contract had been reduced from 4 i/2 years to 2 1/2 years which would give the city more flexibility in obligating the use of the hotel tax funds; (2) monthly payments were eliminated and quarterly payments would be used; (3) the payment structure was changed to a fixed amount or a percentage of tax revenue, whichever was less; (4) quarterly reports would be required prior to the release of any paymPits and would be i,i more detail than currently prepared; (5) t'i budgets presen.ed to Council would segregate proposed expenditures of hotel ttv funds from other funds for accountability; (6) failure to su-mit a financial report which complied with the contract would bt cause for termination of the contract; (7) limitations on the use .f the hotel. tax funds by each recipient had been adjusted to inclu.% all State allowed expenditure categories as deemed necessary ba:.4 on the recipient's budget; (B) an insurance requirement had been •dded plus a non-obligation clause and a clause limiting f ':ure commitments by the City of hotel tax funding. • Council Member Cott stated that one part which had not been • Q 1 acknowledged was Denton's hotel/motels. They want to get as many people to their business as possible. • 0 • a 0 City of Denton city council minutes !~rs~ March 21, 1995 Yi CJ Page 17 t Mayor Castleberry stated that the State st,tute had to be followed for use of the funds. That had not always been the case which was one of the reasons for the change to require that funds be kept in a separate bank account. Those dollars would be designated to the promotion of tourism. Mayor Pro Tam Brock stated that as a member of the subcommittee, she had a concern for improvements to the Civic Center. Some of the groups which appeared before the subcommittee mentioned the need for more meeting rooms. A minimal improvement to the Center would be approximately $1.5 million for ADA compliance and current codes. More meeting places would help bring in more tourists. The proposed changes to the contracts were needed except for possibly the amounts. She had a problem with the process in that the changes in the allocations had been informally approved changes before any type of public hearing. She suggested reconsidering those portions of the contracts as the recipients did not have any knowledge of the amount o,' change in the allocations and had no opportunity for dialog w:.h the organizations. The proposed cap would be minimal in relation to what was needed at the Civic Center.. She suggested that Council extend the current contracts for six months and have more open dialog ollor the amounts. Council Member Miller felt there was A need to do something with the Civic Center. Many of the entities were surprised when the cap was put on the contracts. Miller motioned, Brock seconded to extend the contract to the Fair Association to September 30, 1995 and to incorporate all suggested changes by the subcommittee except for the funding change. The funding for tt.e next six months would be caged so that the cap would be no more than what the organizations received for the first six months of the fiscal year. If there was an increase in the hotel tax revenue, the additional amount would go to the Civic Center fund. This would allow for discussions with the Fair Association for funding. • Council Member Smith felt that the term "cap" was a negative term for the procedure and it was not intended for it to be that way, she was in favor of extending the contracts as suggested by Council Member Miller and having discussions with the groups. This wuuld be compromise situation. ® Council Member Cott asked what would be accomplished in six months r • • which could not be accomplished at this meeting. Mike Bucek, Acting City Attorney, stated that there was a legal issue associated with the cap. When Council adopted the budget • O • p • LE, City of Denton city council minutes March 21, 1995 Page 18 V , each year, it indicated an amount which would be allocated for the hotel tax recipients. If the hotel tax funds exceeded what was projected in a good year, the Council had to amend the budget to allow for the last payment. To amend the budget an emergency must exist which was an unforeseen and difficult hardship. The cap was proposed so that the end result would not re~eult in having to declare an emergency and amend the budget. Council Member Chew suggested that if the C3unci.l was considering waiting on one contract, all should be extender!, The Council had appointed a subcommittee to do this wcrk and now it was suggested that the Council wait to act on what was done. He was under the impression that the subcommittee was in favor of what was proposed and now it appeared that they were not in favor of the proposal. Mayor Castleberry stated that statements had been made at the meeting regarding funding and incentives. He was uncomfortable that money had to be the incentive for an organization to do its job. The cap might result in some creativity in the use of the funds. He felt it was not necessary to extend the contracts as the subcommittee had spent a great deal of time on the item. All of the organizations could live within the amounts. The Civic Center was in need of repair. The hotel tax funds were not the only money some of the organizations received from Denton. The Center for the Visual Arts received $36,971 from the general fund. $66,000 was spent for a roof, ceiling fans cost $9,600 for a total of $116,352 for the center. The City donated money for utilities for the Campus Theater. He felt it was necessary to point out that the hotel tax funds were not the only funds some organizations received from the City. He felt there was no reason to extend the contracts. The contracts had all been signed and agreed to by the organizations. Council. Member Perry stated that it was important to point out that the hotel tax money was never intended to be the entire operating expense of any group. There were some cities which used more of • the allocation for civic use. The amount to be set aside for the Civic Center was a small amount of the money which was being used to promote tourism in the City. Each of the groups had a fair opportunity to present their cases and he saw no reason to continue the discussions. Council Member Miller stated at the last discussion it was felt , O that public input was needed and that would be received at this • • meeting. The groups were concerned that not only was a cap set but that the allocations were also reduced from normal circumstances. The numbers were not discussed with the groups during the presentations. The organizations had signed the contracts but were i • a e • City of Denton City Council Minutes March 21, 1995 Page 19 forced to with an all. or nothing situation. He felt that the allocation part of the process needed further discussion. The Council took a short recess. Council Member Cott was not present after the break. Mayor Pro Tem Brock felt that in six months, the Council and the organizations would have more dialog regarding the allocations. Council Member Cott returned to the meeting. Mayor Castleberry indicated that two of the recipients had large reserves. The Convention Bureau had a reserve of $200,000 and it was the opinion of the subcommittee that this was too large of an amount of reserve and that the money should be used in the manner specified. The Denton Histoz•ical Foundation had a reserve that was also felt to be too large. The last year which was used in the averaging was the largest year Denton had in a number of years. It was felt that the reserves were not being used in the manner they were intended to be. He felt that the Council needed to go ahead with the contracts. Council Member Perry requested a review of the motion. Miller stated that he had motioned to extend the contract to the Fair Association until September 30, 1995 with the recommended ' changes from the subcommittee except for the funding changes. There would be a funding cap for the six month period at a level equal to the first six months actual receipts by the Fair Association. Discussions would be held with the Association with the new contract to be effective October 1, 1995. If there was a drop in the hotel tax receipts, the Association would receive the lesser of the amount of receipts or the actual receipts for the first six months. Council Member Chew stated that in the next six months, there might be the possibility that some of the allocations could be cut further if desired. Council Member Miller replied correct that there would be no restraints on the contracts. Council Member Perry asked if the cap council Member Miller was , suggesting was any different than the proposed cap. If in the next six months, would the amount be different than what was proposed. • w+ • C ' City of Denton City Council Minutes _ March 21, 1995----`-- Page 20 Kathy DuBose, Executive Director for Finance, reminded Council of the comment made by the Acting City Attorney regarding the budget. If the cap included the first six months which would not end until the end of this month, the money would not be received until April. If that was doubled for the year, there might be a problem if it went over the budget. Her understanding was that the motion would take the first six months receipts and let the cap be doubled for that first six months receipts. Council Member Miller stated that it would be the at the same level of the first six months receipts, DuBose stated that if that were to go over budget, Council might need to take that into consideration. i City Manager Harrell felt that Council had two options. One was to establish the amount which was allocated in this year's budget. That would be the amount that each agoncy would get or the percentage whit:hever was lesser and was the amount which the agencies were counting on. The second option was to adopt the motion and amend the budget at end of year if necessary. The Legal Department had expressed a concern regarding that procedure as it would not be a dire emergency. Council Member Miller stated that he was trying to keep the agencies from having drastic cuts. He stated that he could amend his motion to set the cap for the unexpired portion of the budget. Council Member Perry requested that Council Member Miller withdraw his original motion and proceed with a new motion. Miller withdraw his original motion and Brock withdrew her second. Miller motioned to extend the contract with the Fair Association until September 30, 1995 with the recommended changes from the • subcommittee with a funding cap at the level of the second six months of budget receipts and hold discussions with the Association j on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget ,.mount. City Manager Harrell stated that staff would interpret the motion to mean that it was known how much was allocated to each • • e organization during the first six months. What ever remained of the budget allocation would be forthcoming during second six months unless receipts were less and then amount would be less. Brock seconded the motion. • O • W • T~l City of Denton City Council Minutes I1 March 21, 1995 Page 21 The following ordinance was considered: NO. 95-061 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS STATE FAIR ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. H. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Chamber of Commerce for the payment and use of hotel tax revenue. The following ordinance was considered: NO. 95-062 AN ORDINANCE: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT j BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE) AND PROVIDING AN ! EFFECTIVE DATE. Miller motioned, Brock seconded to extend the contract with the Denton Chamber of Commerce until September 10, 7.995 with the recommended changes from the subcommittee with a funding cap at the levei of second six months of budget receipts and hold discussions with the Chamber on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. On roll vote, Brock "aye", Cott "aye", Miller "Aye", Smith "aye", Chew "aye", • Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. I. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton County Historical Museum for the payment and use of hotel tax revenue. • The following ordinance was considered: • • City of Denton city council Minuteu + March 22, 1995 Page 22 NO. 95-063 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL MUSEUM FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to extend the contract with the Denton County Historical Museum until September 30, 1995 with the recommended changes from the subcommittee with a funding cap at the level of second six months of budget receipts and hold discussions with the Museum on the contract to be effective on October 1, 1995, The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. J. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton County Historical Foundation for the payment and use of hotel tax revenue. The following ordinance was considered; NO, 95-064 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. i Miller motioned, Brock seconded to extend the contract with the Denton County Historical Foundation until September 30, 1995 with the recommended changes from the subcommittee with a funding cap at the level of second six months of budget receipts and hole discussions with the Foundation on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. On roll vote, Brock "aye", Cott 'Iaye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. A K. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue. • e A City of Denton City council minutes March 21, 1995 C!!. Page 23 ND~ The following ordinance was considered: NO. 95-065 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to extend the contract with the Greater Denton Arts Council until September 30, 1995 with the recommended changes from the subcommittee with a funding cap at the level of second six months of budget receipts and hold discussions with the Council on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. 9. Resolutions A. The Council considered approval of a resolution supporting a fair and cost effective vehicle emissions testing program and federal air quality requirements. Julie Zeller, Administrative Services Coordinator, stated that the resolution was sponsored by the North Central Texas Council of Governments. It was being considered by other cities in the Metroplex area. There was some disagreement on what rout9 to follow with respect to vehicle emissions testing. This resolution would let the legislature know that Denton was interested in a fair and cost effective program. The following resolution was considered: i e NO. R95-23 A RESOLUTION OF THE CITY JF DENTON, TEXAS SUPPORTING A FAIR ANb COST EFFECTIVE VEHICLE EMISSIONS TESTING PROGRAM AND FEDERAL AIR QUALITY REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. A Miller motioned Smith seconded to a ! O' pprove the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. • w • 4 City of Denton City Council Minutes March 21, 1995 Page 24 B. The Council considered approval of a resolution supporting the City's submittal or a landfill permit application to the Texas Natural Resource Conservation commission for the proposed expansion of the City's municipal landfill located on Mayhill Road. Howard Martin, Director of Environmental Operations, stated that the City staff had been working on the implementation of Subtitle D regulations for the existing landfill site and on the permitting and design activities for rho expanded site. The design and permitting activities were complete and staff was ready to submit the proposal. The following resolution was considered: NO. R95-024 A RESOLU'T'ION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE CITY'S SUBMITTAL OF A LANDFILL PERMIT APPLICATION TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR THE PROPOSED EXPANSION OT THE CITY'S MU14ICIPAL LANDFILL LOCATED ON MAYHILL ROAD; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered nominations/appointments to the Juvenile Crime Interagency Coalition. Mayor Castleberry indicated that Council still had an at-large nomination to make. Council Member Smith nominated Jane irons for the at-large position. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye.", and Mayor Castleberry "aye". • Motion carried unanimously. Harlan Jefferson, Director of Fiscal operations, stated that three other organizations had recently submitted names. LULAC, the chamber of Commerce and Ryan High School had made nominations and Council would need to vote on those nominations. • Perry motioned, smith seconded to approve the nominations from r J • LULAC, the Chamber of Commerce and Ryan High School. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. • 0 OWN • g . City of Denton City Council Minutes March 21, 1995-- Page 25 11. The Council consider nominations/appointments to the Keep Denton Beautiful Board, the Traffic Safety Commission and the Cable T. V. Advisory Board. Mayor. Castleberry indicated that Council Member Chew had nominated Mabel Devereaux to the Keep Denton Beautiful Board. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry Ilaye". Motion carried unanimously. Mayor Castleberry indicated that Council Member Miller had nominated Brenda Minnie to the Traffic Safety commission. on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye$', and Mayor Castleberry "aye". Motion carried unanimously. Council Member Miller indicated that he did not have a nomination for the Cable TV Advisory Board at this time. 12. Vision Update Mayor Pro Tem Brock presented an update on the "l.ive'l group. The group had developed two major topics of neighborhoods and entranceways and had establ7shed chairs and co-chairs for the two subdivisions. The individual groups would be meeting during the next week. The time line was very clear on what to do for each group. 13. Miscellaneous matters from the city Manager. City Manager Harrell presented the following items: A. There would be a formal ground breaking for the first phase of South Lakes Park on Tuesday, April 11th at 4 p.m. B. On April loth the Library would be switching over to the • new automation system. C, An acknowledgement to Howard Martin and his staff for the large amount of work done by these individuals to complete the landfill application. D. Denton had again the "Best Tasting Water in Texas" • competition for the second year in a row. • ` E. On March 28th staff had planned to bring to council a work session item for final direction on fiber optics. The Mayor had received communication from the chamber requesting that the j • d z e e r City of Denton City Council Minutes March 21, 1995 Page 26 3 o Council not consider that item on the 28th as that was the dinner event scheduled in conjunction iAth Denton County Day. He asked for direction when Council would like to consider the item. Consensus of the Council was to wail until after the conclusion of the Closed Meeting to determine on which agenda to place the item. 14. The following action was taken on Closed Meeting Items: Council Member Cott left the meeting. A. Perry motioned, Chew seconded to grant a 5% increase to the Senior Assistant City Attorney. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. council Member Cott returned to meeting. 15. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller suggesting including a statement on the parking signs on the square which indicated the amount of the fine. Mayor Castleberry indicated that that would be placed on a work session for discussion. B. Council Member Smith stated that April 22nd was Glad Bag- A-Thon day and that the Council's Adopt-A-Spot needed to be cleaned. 16. The Council returned to the Closed Meeting to discuss the following: A. Legal Matters Under TEX. GOVT CODE See. 551.071 e B. Real Estate Under TEX. GOVfT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 With no further business, the meeting was adjourned. e e e. JENNIFER WALTERS, CITY SECRETARY BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS • w 0 a ( CITY OF DENTON CITY COUNCIL MINUTES MARCH 22, 1995 -~fll• The Council convened into a joint session with theIlent3n~ Independent School District Board of Trustees on Wednesday, March 22, 1995 at 12:00 noon in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, and Miller. ABSENT: Council Mamber Smith 1. The Council received a report and held a discussion regarding the current City/DISD tax abatement policy. Lloyd Harrell, City Manager, stated that the Fantus report had recommended that t..e current tax abatement policy be critically examined for relevancy. The current study originated in June of 1.989 as a joint study by the City of Denton, the Denton Independent School District and Denton County. Harrell reviewed the background of the Committee's policy decision making process and the major elements of the policy. In December of 1989, the Committee made a formal recommendation regarding the policy. Trustee Hrueger asked if there was some form of abatement for current businesses. Harrell indicated that a current business would be considered for the value of the improvement times 1.25% for a qualifying project. Trustee Falbo asked about County involvement. Harrell stated that the County had not formally approved the project but that it followed the same policy as the City and School District. 2. The Council received a report and held a discussion regarding the City's fiber optics program. Lloyd Harrell, City Manager, stated that no firm decision had been made by Council regarding this issue. He noted a handout which indicated advantages for education with such a fiber optic network. Those advantages included a connection to the state Education Network, E-Mail communication between campuses, connection to University data bases, video broadcast courses to several campuses and classrooms, video conferencing, teacher training to all campuses from one broadcast location, and connection to research data bases such as the Internet and World Wide Web. The City of e Denton had a basic fiber system and was constructing a loop to tie in the electric substations. Excess capacity would be available. The Public Utilities Board concluded that the City should make more use of this type of technology and make it available should there be inquiries regarding the excess capacity. A proforma developed suggested that the capacity could be made available at a price less 1 i Y 0 Taste-'Was than that offered by GTE. The current debate 6-r tt1'9 whether or not the City should be involved in this t pe a project. ~~b 3% Mayor Pro Tom Brock asked the DISD for its position on fiber optics. Dr. Albert Thomas, Superintendent of Schools, indicated that the District was currently working on a computer bank which would tie in various computers in the system. Currently it was difficult to tie in the computers as there was not adequate capacity. in the long term, the DIED was behind the curve with fiber optics. 3. The Council received an update on the DISD's transportation facility. Dr. Thomas stated that the location of the facility would be at Ryan High School. The project was ready for bid and would be completed in the fall. The access for Mills would be primarily for buses with approximately 25-30 buses involved in the beginning. The District was also getting ready to move forward for approval for a second south exit at Ryan High school. 4. The council received a report and held a discussion regarding the Juvenile Crime Interagency Coalition. Harlan Jefferson, Director of Fiscal operations, stated that the Coalition was ready to begin its work with only one organization left to appoint a representative. The main goal for the Coalition would be to prepare an annual report for Council rMgaratng the juvenile programs. The first meeting of the Coaliti~:, was scheduled for March 30th. A contract./bonus program -dould be considered with a report back to Council on the results. Council Member Miller stated that the legislature wa:+ in the process of updating the regulations associated with juvenile crimes. With no further business, the meeting was adjourned at 1t25 p.m. • BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTER$ • CITY SECRETARY CITY OF DENTON, TEXAS ACC00262 i • d /il ~ s t ~'~~~~1 i , ~i'c~f 5 ~ (xxgtvtv~~~azs"~ S,'+~3 f' • w • _.T _04a CITY OF DENTON CITY COUNCIL MINUTES C_/_Jl- A15 March 28, 1995 j~,'( l'J~J The Council convened into a Closed Meeting on 'T'uesday, March 28,C 1995 at 5:15 p.m. zn the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council discussed the following in closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered retention of lawfirm to represent the City in negotiations or litigation with GTE ver its failure to produce records required by a City audit and failure to remit delinquent franchise fees. A. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel./Hoard Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discussed City Attorney applicants and selection process. The Council convened into the Work Session on Tuesday, March 28, 1995 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None Mayor Castleberry presented a proclam,tion for Denton Together Day. The Council considered Item 04. 4. The Council received an update on Denton Together. ® Lloyd Harrell, City Manager., stated that at a recent Texas j Municipal League Conference, cities in Texas which had major 11 university held a discussion regarding problems and programs in 9 their communities. One such program was the City of College Station's "Big Event." This type of event provided an opportunity for students to provide major community service. After hearing g that idea, it was decided to try and hold such an event in Denton. • Joseph "ortugal, Assistant to the City Manager, stated that the process started in 1992 when the Council passed a resolution supporting the formation of a joint committee of TWU and UNT students. That committee was to serve a two-fold purpose - to J 0 • 0 City of Denton City Council Minutes March 28, 1995 Page 2 promote civic duty among university students and the City of Denton and serve as a liaison between the city and the student population. Planned activities for Denton Together included clean-up and fix-up activities, adopt-a-spot activities, landscaping activities at various locations, a community-wide clothing and food drive, musical entertainment at area nursing homes, campus tours of both campuses and a field day for children. Council Member Miller asked for an estimate of participation and how was the event being publicized. Portugal stated that the target goal was 500 participating students. student newspapers were going to run articles regarding r the events and all students should be aware of the upcoming events. The Council returned to the regular agenda order. 1. The Council received a report and held a discussion regarding the Solid Waste Master Plan Advisory Committee reeorunendations. Bob Nelson, Executive Director for Utilities stated that approximately a year ago, council appointed a committee to study the solid waste issues and concerns for the community. That committee developed a comprehensive plan encompassing all aspects of solid waste management which also looked at the financial aspects of each alternative. Howard Martin, n"rector of Environmental operations, stated that Council had appLived a 21 member task force which studied solid waste issues. The Committee began the effort of developing an integrated solid waste plan by evaluating the existing management practices, assessing communities needs, studying the state and regional planning initiatives, and identifying short and long range management strategies. The Committee identified several guiding principles which were ':he foundation of the plan. Those principles included cost which would minimize the cast to Denton residents and t • businesses; flexibility which would capitalize on emerging opportunities and technologies; economic development opportunities :which would include elements which turn solid wastes into resources of value and provide economic development opportunities; risk which would strive to minimize financial, human and environmental risk to the community; educational opportunities which included provided opportunities to students; and environmental stewardship which ® would minimize the impact of Denton's solid waste on the • 0 environment and public health. The sources of disposal for Denton included c=ommercial, residential, cash/other, recycling and / contract. The Committee origina=l-/ developed a planning strategy to look at alternatives whirr world yield a fifty percent waste • N Q • City of Denton City Council Minutes 1 I /1 March 28, 1995 Page 3 reduction over the planning period. Fight alternatives were developed with the first four alternatives dealing with the fifty percent reduction and alternative five being a status quo alternative with no new programs. Alternative 8 was a phased approach starting with low technology which increased gradually to higher technology. High and low waste diversion ranges were developed for each alternative based on the various program components, Disposal volumes were established based on the projected diversion rates of each option. A summary of expenses for each alternative was developed and included actual expense, program revenue, landfill requirements, landfill remaining, landfill value and net expense. Recommendations from the Committee included expanding the existing landfill site in 1997; constructing a facility for yard waste and wastewater biosolid composting; implementing a cardboard, office paper and newspaper bailing operation; constructing an intermediate processing center in 1998; implementing a residential curbside recycling program; and expanding the intermediate processing center to a materials recovery facility in 2005. The intermediate processing renter would address recycled products which were not mixed with regular solid waste. Associated program components included developing public education programs on solid waste issues; promoting source reduction and waste minimization; developing educational and research cooperatives; encouraging economic development opportunities; and reevaluating the solid waste master plan on a 3- 5 year cycle. Ken Dixon, University of North Texas, stated that the plan represented the spirit of partnership as it was an effort to look at environmental stewardship, economic opportunity, and was an opportunity to lc,arn from the experiences of other places which were not successful. He felt that tho plan capitalized on the strengths of the community and had a concept of economic development, Some of the proposed rates might appear high but they were competitive with the surrounding communities. He encouraged the council to approve the plan. Bob Coplen, Chair - Public Utilities Board, stated that the Committee knew that it needed to be flexible and aware of financial restraints. It was critical to remember that entering recycling was not strictly for monetary benefits. He felt that the plan was a reasonable approach, not without problems, and should be reevaluated every time the city was ready to make another investment. N e Martin stated that the master plan recomn.andations attempted to position Denton in such a way as to conservatively move into the recycling activities, address the state's waste reduction goals and • 0 • c> • % w 4 City of Denton City Council Minutes C March 28, 1995 Page 4 objectives, develop and maximize the landfill asset, maintain ? flexibility to incorporate industry and technological advances, promote education and economic development opportunities, minimize the risk of large capital investments and develop a solid waste management strategy at a price that the community could reasonably afford. Nelson stated that one of the first decisions which would have to be made was the development of an intermediate processing center. The next major cost was the materials recycling facility which could be expanded from the intermediate processing center. Since the intermediate processing center was soon in the proposed time frame of the overall plan, It would have an impact on decisions " this year for residential and commercial customers. 2. The Council received a report and held a discussion regarding the power supply study. This item was pulled from consideration. 1. The Council received a report, held a discussion and gave staff direction regarding a proposed ordinance granting exception to the noise ordinance (for use of amplified sound) for annual events. Veronica Rolen, Administrative Assistant, stated that each year a number of organisations came before the Council requesting an exception to the noise ordinance for the use of amplified sound after 10:00 p.m, and on Sundays. The noise ordinance prohibited the use of amplified sound between the hours of 10:00 p.m. and 7:00 a.m. and on Sundays. Council requested staff to develop an ordinance which would no longer require those annual events to come before Council each year to request an exception. Two options were drafted for Council consideration. The first option would amend the existing ordinance to provide for a permitting process for the use of amplified sound. The permit would be granted by the • organization's assurance to comply with a set of adopted conditions. Council approval would not be required unless the application was denied and there was an appeal. The second option was to adopt an uncodified exception granting ordinance with a duration for longer than one year. With this option an organization would qualify for the exception if it had acted responsibly for a predetermined number of years and could be withdrawn at any time. The ordinance would automatically expire if • • it had not been renewed for a number of years. Option two provided for the Council's initial request without exposing the City to any undo risk and allowed for more flexibility to approve requests on an extended basis plus the capability to revoke an ongoing • O e • n City of Denton City Council Minutes 64- March 28, 1995 q Page 5 ~ilJlJ c exception if conditions required such. Since April 1992, 26 requests for exception to the noise ordinance had been presented to Council. Those which had occurred for at least two years included the Denton Arts and Jazz Festival, the Juneteenth Celebration, the North Texas State Fair and Rodeo, the City of Denton employee picnic and the Pro Youth Rodeo. Council Member Perry asked if an annual event would be allowed to operate until 12:00 p.m on Saturday and Sunday. Rolen replied that the ordinance indicated that but it was merely a suggestion and could be changed as desired by Council. Council Member Perry stated that he was concerned about 12:00 p.m. on Sunday. Mike Bucek, Acting City Attorney, stated that the ordinance presented an example. When an organization came to Council the next time requesting an exception, the Council would set the guidelines at that meeting. As long as the organization wanted the same request, it would not have to request another exception. The Council would set the precise times for each upcoming request. Mayor Castleberry asked if an organization would have to apply this year for its function and than the request would carry over to future years or would the staff be going to the organizations and asking if they would like the new exception. Bucek stated that as the organizations requested the exception, the Council could grant the exceptions for a longer period of time rather than for just one year so long as the time frame was maintained, if an organization violated the rule staff, with council approval, could then authorize the revocation of the ordinance. Council Member Perry asked how much attention had been paid to e other provisions such as decibel loudness. Bucek replied that some cities had the ability to monitor noise in such a manner and that was written into their ordinance. City Manager Harrell stated that Denton did not have such equipment nor the employees trained to run such equipment, There was also a ' • need to be very specific how far from an event to set up such • • monitoring equipment, etc. Council Member Smith questioned the warding "consistently demonstrated over the past number of years to responsibly operate i • 0 s • City of Denton city council minutes March 28, 1995 Page 6 u f C/ amplified sound", Who would make that determination and on what basis. Would the determining factor be that the police were called "x'I number of times for an event or there were "x" number of complaints regarding that event. Rolen replied that all of those items would be considered such as police calls or number of complaints. Council Member Perry asked what would happen if Council had qranteu a continuing permit to an organization in regards to the right of an individual citizen to complain. Mayor Castleberry felt that that would not change. Council Member Perry indicated that the interpretation was that if Council granted the exceptions, then a complaint was not necessarily follow up on. He wanted it to be very clear that in no way would the right of a citizen to complain and the right of a complaint to be responded to be taken away. Rolen stated that council could revoke the right for the exception at any time. If an organization violated the conditions of the ordinance, it could be revoked. Council Member Perry wanted to make it clear of the right of an individual citizen to complain and the right of the complaint to be responded to and suggested that it be made part of the ordinance. Council Member Smith felt that the procedure did not need to be changed for such a small number of requests. Keeping the procedure as it currently was would give the Council the grounds for approving or disapproving the request based on what happened the prior year. That would keep Council in control of the procedure. Council Member Cott stated that the proposed procedure would allow an organization to know what to expect with an annual event. • Mayor Castleberry stated that he wanted to organization from having to return each yearreton ask avfor an exception. He felt that some groups had left Denton due the current regulations and perhaps some groups might come back if there were a standard ongoing procedure. • Miller motioned, Cott seconded to direct staff prepare an ordinance • • for Council consideration. Bucek clarified that staff would prepare an ordinance for individual organizations as opposed to amending the existing • 0 w s A,,nr"«A-o _ C _ ' l~l drL City of Denton City Council Minutes March 28, 1995 DA!;- Page 7 _-l.I ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "mayll, Chew "aye", Perry "nay", and Mayor Castlebtirry "aye". Motion carried with a 5-2 vote. 5. Council returned to the Closed Meeting to discuss t:he following; A. Legal Matters Under TEX. GOVT C0OE Sec. 581.071 B. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 With no further business, the meeting was adjourned. BOB CASTL BRRYr--F UYOR CITY OF DENTON, TEXAS JENNIPER WALTER, CITY SECRETARY CITY OF DENTON, TEXAS ACC00263 i i 7 d t - ~ ~'v ~t 1~ t E?`~k~3yes\3, ~F~t 5i; i~~•T W ti~ f/. • GIN • =CITY~::- 4COUNCI: c 0 ♦ ti~ • • t~gelMaMo - .3i4 w . Dote 1 ~rG ciry of DENrON, rEXAS~ MUNICIPAL BUILDING DENTON, TEXAS 76201 # TE•LEPHONE(w) 566.8307 CITY COUNCIL REPORT Of/ice of the City Ma 09ger TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: April 11, 1995 SUBJECT: Request For Exception to the Noise Ordinance for REZ Week 195 until 12:30 a.m., Thursday, April 20, 1995. BACKGROUND Anthony Mauzy and Keith Castello, representing the Crossroads Campus Ministries, have requested that the City Council grant an exception to the noise ordinance for the use of amplified sound until 12:30 a.m. for their REZ Week 195 concert on Thursday, April 20, 1995. The concert is scheduled to take place at the intersection of Hickory and Fry Streets from 8:30 p.m. until 12:30 a.m. (Attachment 1). As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 50:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when tho public interest is served. In addition to the requomt for an exception to the noise ordinance, the REZ Week Planning Cowmittee is also requesting that a portion of Avenue A be closed for the concert (Attachment III), The requested closure, approximately 50 feet of the public street / 101-103 Avenue A, is detailed on the attached map (Attachment IV). In effect, the closure results in the loss of approximately eight • metered parking spaces for the duration of the event. The property owners affected by the closure have signed the organizations request and no opposition was noted. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: • Area Residents. T • i "Dedicated to Qualip, Service" • O v , i • • A~andRNo. L Fiscal Impacts A(~Cii(~2i~CRL J Revenue from eight metered parking spaces. Please advise it I can provide additional Information. m RESPECTFULLY SUBMITTED: Lloyd V. Harrell City Manager Prepared By: Veronica S. Rolen Administrative Assistant Ir Approved By: tos4eh Portugal tant to the City Manager Attachments: 1. Request from REZ Week Planning Committee 2. Noise Ordinance • 3. Request for Street Closure 4. Map 3 i ^"~...."^n'..'~uw-t~~.. 1 r r r.r f ......,:«Pw JaCl.r.,.. y J 1.tt ~ !'~•1 f hl i, • b' f u, f :f i < 7 !J 1 Y i n.p 7 ~ , d i~ 7©ndaNo,. CG, M REQUEST FOR STREET CLOSURE -4 e~ltl~Iftcro ~ ! r Person or Perrone Rsquesting Str eat Closure:_ 40'jk•r K. 11 z d Orpanitstion: GIB+4r~ea~4 ar4 /tr_n~tr'~'/5 \ ~1-Y "I Addrea• &Y, e) Phorm Nunr6w: Z ~8 i 7 l 633 NamelPhons Number Aftornate Contact Pawn: _fle i C~S't, I It', / LIt-~l ~~t IS 3~ /br 7r ~fr' V S'~ Street To Be Closed: TIe /7 &6n ifl~C(-byo d Tv4,'~ t-, nl toe`s bl~~~ .i r Sete and Time To Be Cbsed: f~-o4'r 1 0 9:90 Qm. 1 ~ ~f) A M Intersecting Strate:_ AV &T n-/f 6. 1 Reason For Closure. l'OY1rePl On IL~AI-'err t-nr Yhe-5 0L fF e Request must be accompanied by slpnsturas of ell affected property owners. ISae Ansebmantl 7 Preaes Net the type act"Iss to be conducted during the avom: Luwp rr! Q:30",, 00 THIS SECTION FOR STAFF USE ONLY DEPARTMENTAL REVIEW COMMENTS APPROVING SIONATUREITITLE CITY MANAGER'S OFFICE a PYntK -P ~vSd ~icc~.pt~s+-• vk._ FIRE DEPARTMENT eon blw + J~J app POLICE DEPARTMENT No 1~/ utc,~ SLL>`l - TRANSPORTATION/ENGINEERING ~JL CPa- ■ DOES THIS REQUEST REQUIRE; YES NO r City Council Approval? ✓ Exception to the Noise Ordinance? Parade Pefmlt? Other ConditionslRequiremants? e e Request Approved By: Nameffitle D 111Wq i t 100w u WWWW, OWN Mreree be aen'aorae to r"m" peHON'p ere 0 Ra Ogee ww ter. • 60 • 6.1 Prop«ey ownaz "Im taumz Nwetad by dN low 66swa %LLTT be aardsawd and '"40W of bang m layw or in 09"Olion to the Atraaf etawra. . eN ~~c~itla~lf~ir Name of Frgo" Ownal Addraaa AwOtaizad T of i wu v SI v'kli 1...-M~y~tair•' C/ i l G I 23 14 Ate! ,I rill 7 9. 12. r} 13. ~qv 14, T YA.0 N-L- 15. 16. 17, 18. J 19. s 21. 22. ® 23. • • 24.,_ 25._ i 1 ;jr ~r r I ~ i J hit" w ~,~ctidal(ol'I - REI Week Planning Committere~ Po Iio~e 10012, (IN 1'. 76203 / (817)369,5512 Febmary 28,1995 ` Dear Denton City Council: For sr 1;,.,;s Christian sludents at U.N.T. have been praying diligently, determined to seethe glory of God revealed in this town. In these times of prayer, God has fed us to sponsor the city and campus' first two-day Christian concert series called REZ Week '95, This series will display a wide range of Christian musical styles ,ek 95 from gospel to heavy metal. The concert schedule is as follows: April 20111 (Noon-31)m) West Entrance U.Iv T. Union Portaco (9pm-Midnight) Fry St. & Hickory April 21 sl (Noon•3pm) West Entrance U.N.'f. Union Portaco WO patition yrnr for the authority to temporarily close the streets for our Thursday night April 20th concert at the intersection of Fry Street and Hickory. Already we have collected the appropriate signatures from the area store owners. We also request an exception to the city's noise ordinance between the flours of IOpm and 12:30am. Furthermore, wt would like to have assistance in squiring proper utilities for the event. We are looking forward to meeting you and working together to ;ngthen the community in Denton. Ifyou Nava any questions or comments please feel free to c ! or write as soon as possible, We await your prompt response. Cordially Yours, Anthony Maury Keith Castillo • 'Oe, A Event Coordinators BU WUk Planning Comwitlee. r' I • • rcrt",Nn G Q~ Chapter 20 ~l ✓-1 -_=1. NUISANCES- Art. 1. In General, if 20.1-20.30 Art. 11. Abandoned Property, §I 2931-20.70 Div. 1. Generally, 20.31-20.40 Div. 2, Motor Vehicles, 20.41-20.70 Art. Ill, Grace and Weeeda, It 20.71-ZO.73 ARTICLE I. IN GENERAL i i See. 20.1. Noise. ai It shall be 'inlawful for any person to make or cause any unreasonably loud, dis• turbing, unnecessary noise which causes or may cause material distress, discomfort or Injury to persons of ordinary sensibilities in tho immediate vicinity thereof. bl It shell be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. ci The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive- 11 The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the he u,^ of 10,00 p.m. and 7.00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary aen. ;abilities in any dwelling, hotel or other type or residence; 2) 'rho use of any stationary loudspeaker, amplifler or musical instrument in such manner or with such volume as to annoy or disturb persons of ordin uy sensibilities in the immediate vicinity thereof, particularly between the hours f 10:00 p.m. and 700 a.m., or the Imperation of such loudspeaker, amplifler or musical instrument at am, time on Sunday; provided, however, rat the city council may make excel x s upon application when the public inters Ali-be served thereby; • 13) The blowing of any steam whistle attached to any stationary boiler or the owing of any other loud or far-reaching ste :n whistle within the city limits, excel. to give notice of the tim * to begin or stop work or as a war iin& of danger; t The erection, excavation, demolition, alteration or repair wor}- on any buil& tat any time other than between the hours of 7:00 a.m, and 8:30 p,m„ Monday 'hrough to 'Crou references-Protected migratory bird roos:e declared nuisance, § 8.87; inspection and abatement warrants, § 1988 at eeq,, insect and rodent control In mobile home and rec. • • reational vehicle parks, § 32.91. J . 1389 sUPp, No t i A 0 4 f • ca • 1 20.1 DENTON CODE Saturday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; 70 t'q (5) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of bales, boxes, crates or con• tainers; , (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the emotion of noises to any performancs, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966, Of 14.20, 1421) Croce reference-Animal noise, 16-26. Sec. 20.2, Odors, (a) It shall be unlawful for any person to create or cause a,.; unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially Interfere with the comfortable / enjoyment of private homes by persons of ordinary sensibilities. Ic) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: Ill Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals am kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; f2) Offensive odors from privies and other simila- places; 11 Offensive odors from the us* or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; i4) Offensive odors from -ioke from the burning of trash, rubbish, rubber, chemicals or other things or substances; (5) Offensive odors fror, m+egnant pools allowed to ran _a on any premises or from • rotting garbage, mfw, offal or dead animals on any premises. (Code 1968, If 14.22, 14422) 8,,c. 20.3, Garbage, trash and rubbish nuisances-Qenerdly, (a) Scoring or keeping garbage, hash and rubbish, The storini. or keeping of any and +J1 ® stacks, heaps or piles of old lumber, refuse, junk, old cars or m chinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or • buildings, piles of stones, bricks or broken rocks on any premises bordering any public street / Supp No I 1380 • 0 • w FIRST STATE BANK March 9, 1995 I Rez Week Planning Conurdttee P.O. Box 10012, UNT Denton, TX 76203 RE: Street Closing, 9pm to Midnight on April 20, 1995 Gentlemen: We do not have a problem with your request to close the street; however, we do expect you to repair damages that might occur to our property aml that the premises will be clean when you leave same. Vim. Ygy►s, :ady F. llont / Se'dor V' a President 1 ~ i P.O. Box 100 Denton, TX 76202 $17.362.6421 t Y~ . • ea • r p: !illFl ~ r rl, F I f 'pgk.y~ I I .1 ,IF'~rd jlij ISSI i 1 r, II i :i t I~ it I , 'a._Gly o I Ip fi. ".RI I I'1 ~ 'r i!'t~~y~Illlllll l i,ll l It , '4 {Ik ( II{ i ~'I ; ~ ' I I I ~'!I 'I ~j Pld'lhll li 7 E Ij~l{M~h1{IEI 7` IE131~,~n~I~ I , II r. I F , ' I' i) rV IV,I t r 013{1 II i~ I rfl~l fil ~EII I, I I I „ III~~~~~'ri III t '`A Ii ni, r l 4'I'{?'rc V , { 1 to i I~ [I t, I I ull61,'li III ~I~i~tr'E~ ~rIAI~}(j' +'~'I'tlly~~iE~ III' ~I ~ I I I E' {Ir ~ E i{.V , ~ Itl J~4I 7{7771 I {I IiI~l ~711III ~q,yll I' qrl i I Ir InI : d ;i it 11 I' !III I { Il~d 11 j411 RII `~i~~1 r t ` WI HICKORY ~ 1 7r ~ I I , i II L- t.i 91 , E I: it r ,',I ~i`I I r I: 1! to ri t, 1F r t i 'iEi , 13 krl ri i,1 I, I i HI I, rhr 7f 11 i I (I I i 'E EI~ II ~I I E'. i' 11 ti I 1 , , t, I!J Il $ 11~1!'1 4r tt 1 f i `I 1 ]fI nl l li: 1.13 flifl II r , I i It ~ , 'I j I, 1 f. I ti lI W It tz~ a t,l I k 11 I I I'rUl I' :I rl E. II lil r :I I I I~ , rli lir Irl i I I I II I t ` r I Idlf, i 1 Ij`bj I",EI'iVj l'EI III Ell` ~il P! liil i Ill it r,l IJj't I • it: 11 i.l. 1I., l I In II Illlr i i pE7 K l /~~~~~~~I~ ' (CR06SRO~AM CAMPI'~J5 M M1,+1L5'T • 6 r c -C I T'Y j-=-_ COUNC: a © r • • A"No 2LI ApeAdalt 4111 ~ " DATE: April 11, 1995 CITY COUNCIL REPOT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Amending Planned Development No. 18 and adopting a Detailed Plan for 21,1566 acres. RECOMMENDATION: (See attached report.) SUMMARY: (See attached report.) BACKGROUND: (See attached report,) PROGRAMS DEPARTMENTS OR GROU I AFFECTED: Property owner, City tax base. EI[CAL IMPACT: None. Respectfully submitted: • G( U. Prepared by: L.1o d V. Harrell, City Manager C~ r 0. Owen Yost, Urban Planner • s ap9EidaNo. 1 . a~ooaultem r Approved; U3tU~ c ' CMG Frank H. Robbins, AI Executive Director of Planning and Development A\K007U0 1 I , .4201:.... L 2 Lt. it Iy ~-1 ) 'a~ {p %fA • m • r REPORT U~ To: Mayor and Members of the City Council Cas; No.: Z-95-003 Meeting Date: April 11, 1995 GENERAL INFORMATION Applicant: Safety-Kleen Corporation 1722 Cooper Creek Rd, Denton, TX 76201 (represented by Ilammell & Nash, Inc.) Current Owner: Safety-Kleen Corp, 1000 N. Randall Rd. Elgin, II, 60123 Requested Action: Consider an amendment to the detailed plan (attachment 4) of Planned Development No. 18, allowing additional development at the Safety-Kleen Recycling Center. Location and Size: The 21.1566-acre site is located on the east side of Cooper Creek Road, between Mingo Road and Univet 0y Drive. Surrounding Land Use and 7oning: North - The Union Pacific Railroad right-of-way and the right-of-way of Mingo Rd., across from which is PD 131 - currently vacant. A South - An approximately half-acre strip of driveway zoned PD 18, beyond which is an unx-upied retail store, a gas station, an I automobile salvage yard, and a house in Commercial zoning. Nast - Undeveloped land, zoned :,I, :.nd an unutilized port`-an of PD48. i West - The right-of-way of t-uol,cr Creek Rd., across from which is the • Georgia-Pacific plant, zoned C. r► • Q • Case No. Z-95-003_. April 11, 1995 Page 2 Denton Development Plan: Intensity area 41, low intensity (127% allocated). SPECIAL INFORMATION Transportation: The existing public transportation infrastructure will adequately serve the proposal. A private parking lot will be constructed on the site, holding approximately 54 vehicles. Access to the lot will be via a proposed driveway, opposite an existing driveway, as shown on the Detailed Plan. Utilities: The existing public utility infrastructure will serve the proposal adequately. Drainage; The existing public drainage infrastructure will handle the proposal adequately. Existing improvements extend under Cooper Creek Road, which was realigned and rebuilt in 1989/90. HISTORY the original Planned Development of ` 36 acres was annexed and simultaneously zoned PD in 1974, by Ord. 74-31. An additional v.47 acres was annexed, and added to the PD in 1979, by Jrd. 79-21. In the period from 1985 to 1988, an expansion of the site to its present size was lonsidered, culminating in approval of a Concept Plan, Detailed Plans were then approved in • '988 and 1989 (attachment 2), which were in substantial compliance with the Concept Plan, ;bowing the entirety of PD-18, including a driveway leading to undeveloped land owned by Alpha Beta Co. Minor amendments to the Detailed Plan were then approved in 1990 and 1993. NOTIFICATION • r. Notices were mailed to the 12 property owners within 200 feet , ,site, At this writing, 3 replies have been received in opposition to the proposal. • as ~crtlr,No Aii4iiCi;;1I°t1L ~ Case No. 7.-95.003 April 11, 1995 Page 3 F~6 ANALYSIS Since a Detailed Plans were approved by the City Council in 1988 and 1989 allowing industrial uses, and current industrial uses within the site are proposed to be expanded, no additional intensity trips Are required. The development changes to the current Detailed Plan (attachment 3) comply with policies of the Denton Development Plan. Certain future structures, allowed by the existing plans, have yet to be built. RECOMMENDATION The Commission recommends approval of Z-95.003 since it requires no additional intensity allocation, and is in substantial compliance with the approved Detailed Plan and Denton Development Plan policies. ALTERNATIVES- 1. Auprove application 2. Approve application with conditions. 3. Deny application. 4. Postpone. ATTACHMENTS 1. Location map. 2. 1989 Detailed Plan. 3. Proposed changes to Plan, 4. Proposed Detailed Plan amendment. 5, Map of objectors. h. Draft ordinance, 7, P&'L minutes. • i AXXIg7DF H • • ni.` r,e~ .'1 dF. P • . ~,ardnNo , '.~~^rp7;.;ltetTt ATTACHMENT 1 1 7fJ t v~' ` P Y slit 1ls HWY 380 • W ANrnr MAP Location Nap • as • ..al wnrw ranulr rr~u. ~ :e I ii ~ ~~t ~ -'L. pry. 5 il~ ~ • nrr ~ t YyG F f I TT L/ ~!/./.r LA M _ rJ Q«Y ....^..li~ 10~ I AN A~iml yfiyif rr,NOl ~lyaq(rY Ye lr \y, 1 AIII~M~Mlllfe«,i✓i1111 Vm~ YNYr / i! ' G.r ,\Z. r,AVIA#. rleb Nrr 14 A f Y, > 111,, ILY°laS°Y [ANNArj IS% urn , AeM/r c 17 ' - - . ' 1 Al,w rtt nea J 7!S- ~ o ~ I! 11 "I~ • ueern Utl .rte ~•ny '~rr`C = \ i T_ 1 Q p p) ~ J 411L4'}~. 0~ '00 f0 ; L'Krr~1,'I~ I ICI { I i i I YYh. Ji I'M "Ji TRACT IA ! f J I I 1 +1 1 r 4>r a 4 • t j1. Jil ~~l•~~ ~~I+1 - tv ~ rll u..llx .lu B`f 1 i 1 •,«r I li 4r rn I 1_ lY1K~L 1. ~I~1e~~~~_ _ L+. ran Irl'r / '~~~~7 .r. I/' ••~Ir•'I~r I 1111. rl liM•I ; +•VIA r .71' ` Y 1 ' L:J . r,1 ~rnr•r•rl r' LUAA1 WENT 1 f r5 A Soo lOOW*AV I' L irw .w .nnl•° I, ,.Ir, I I 7M.Y..,.. rx.. _ Sf"7 .^•lY".YA.C u. " u~.« rr .r i~ L11 1.i1 ~d ~•1 YM~YI M1~. 1 A 0 r • ~ G) B 'i Al Inca IMI.N 1 3 v n v H ADDEDor ENL44G~p l RECONFIGURATION fr•N'n braV`J".'".. I+_I' ~ \..7 \ / ~lii~~vlt~it~ ~.J = ~ f f ~ /Y ~'RJ ti \ I " i I 1 ram 15, 41' I~ ~ nl,J \,v! ~r .1 X10 8 10 I' ti F+~~(3 ra O e E) i" Oli t~~ UO~r' r _ ` 1, r w . I y1 ~ / 1 A(I VII J r9t r O ~ . . w 1~, 1 e.u (_idi`____. 91t lv19u 41N ttxy. ggy 9 ~ K 1~ CHANGES TO CURRENT DETAILED PLANS A ~ w A r ATTACHMENT u p - ' ~ w.r wsw ww i~ t: rY7 y ~W k( j • ; J i~"fit ~i .L ' ~ i; ~r, r / 9 It, Ole ~ •-yam - L.. -~.r.~ r -nr VIP OF %a at, 44444 o® •o ov oo iiL i _ -err - t i O ' 4 .u 1 r Oil RM ,y_w rO ar•~ ~ .rY . t 4~9q rwi 4-._ yy `1C\ ~ ~ ' ~ wr a s~agn 30, 1 r ~J a • ATTACHMENT 5 D 1 ~ cKy-~-K KP 41 .a- o Oro \e Qb r 3 "rd fi s ev - : o • ni -10. it$ 4t ® ~ I ILI ~ ~ t r* b ..rte...-a-i-_^'w'd`^l-K. , , 4..r Y~.Y.~.110i~(1.. i• Yi.N_.. r • d1h ATTACHMLNT 6 Ai3,,, ~]_DA 11 (15 i ORDINANCE NO. M~ CC- ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO, 18 (PD-18) AS SHOWN IN THE ATTACHED DETAIL PLAN FOR 21,1566 ACRES OF LAND IDENTIFIED AS LOT lA OF THE MARL-SAM ADDITION SITUATED THEREIN PROVIDING A SAVINGS CLAUSES PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF! AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Safety-Kleen Corporation has applied for an amendment to Planned Development No. 18 (PD-18), as originally defined by ordinance No. 74-31 and subsequently amended by ordinance Nos. 79-21, 88-208, to, with respect to the 21.1566 acres of land identified as lot 3A of the Marg-Sam addition located therein, suspend the general conditions applicable thereto, and instead authorize development in a manner consistent with the detail plan attached as Exhibit Ai and WHEREAS, on March 8, 1995, the Planning and Zoning Commission, after a public hearing, recommended approval of the requested changes and WHEREAS, the City Council finds that the proposed amendments will be in compliance with the Denton Development Plan! NOW, THEREFORE, THE COUNCIL OF THE CITY OF DEKON HEREBY ORDAINS 219219V __J. That Ordinance Nos, 74-31, 79-21, and 88-208 (PD No. 18), providing approval of a planned development zoning district classification and use designation for approximately 24.4439 acres of land, is hereby amended with respect to 21,1566 acres of land identified as Lot lA of the Marg-earn Addition located therein by adopting the detail plan, attached hereto and incorpo- rated herein as Exhibit A for all purposes, SECTION It. That the provisions of this ordinance govern and control over any conflicting provisions of Ordinance Nos, 74-31, 79-21, and 88-208, but all the provisions of said ordinances not is conflict shall continue in force and effect. SECTION III, That a copy of this ordinance shall be attached to Ordinance Nos, 74-31, 79-21 and 88-208, showing the amendment herein approved. 2ECTION IV. That an person violating an any any provision this ` • ordinance shall, upon conviction, be fined a sum not exceeding $2,000,00, Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, 9 EEQTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secret- ^ry is hereby directed to cause the caption of this ordinance to k;: pub- lished twice in the Denton Record-Chronicle, the official rcwersper • O a+ • of the City of Denton, Texas, within ten (10) days of the date of its Passage. PASSED AND APPROVED this the day of 199E, 80B L BERRY, Ofi ATTEST: JENNIFER WALTERS, CITY SECRETARY BYl APPROVED AS TO LEGAL FORMi MICHAEL A. BU CTING CITY ATTORNEY PAGE 2 • • ' I 4 0 . PQ Sigh;, :j ATTACIIMCNT 7 ( y U - P & Z Minutes 5 ,f 5 March 8, 1995 i 1) l? Page 2 l / 1 2. Consider the final plat of Lot 1, Block 1 of the Browne Industrial. Park, b• Consider the vacation of Lot 1, Block 1 of the Denton Pilgrim Addition and simultaneously the final plat of Lots 1 through 28, Block 1 of Cllison Park, The 9.91 acre site is located on the north side of Teasley Lane, approximately 150 feet east of Indian Ridge Road. II Ms. Russell; Approval of the consent agenda is based on the recommendation of the staff. Mr. Norton: I move that we approve the consent agenda as stated, Ms. Schertz; I'll second, 1 Ms. Russell: Any discussion? All in favor please raise your ! right hand, All opposed same sign, Approved. (6-01 Ms. Flemming not present. III. Hold a public hearing and consider an amendment to Planned I~ Development No, 18, allowing additional development of the Safety-Kleen Corp, site. The 21,156( acre site is located on the east side of Cooper Creek Road, between Mingo Road and University Drive. Me. Russell: Read procedure for the public hearing. (Me. Flemming r.rrived at 5:12 p.m,) Mr. Yost: Madam Chair and members of the Commission this is actually an amendment to an existing detail plan which was previously approved in 1989• It is in a low intensity area which is over allocated at present. The over allocation was authorized in 1989 by the current detail plan. There will be no additional infrastructure required for this proposal. The original planned development was approved in 1979 and consist- ed of a little over five acres, since that time there have been several additions to the planned development. The bulk of the changes, from the 1989 plan to the current proposal., are for the southwest, corner of the site. There is a parking 6 lot that will be built if this is approved along with several A additional structures, There were twelve notices mailed and we have received three back in opposition and none in favor. This plan will not require any additional intensity trips. The staff does recommend approval of Z-95-003 since it does not require any additional allocation and it is in substantial ,I • • P kL Minutes March 8, 1995 Page 3 compliance with the current detail plan and the Denton Development Plan Policies, Mr. Cochran; Is a parking lot all that they are going to add? Mr. Yost; A parking lot plus several new buildings. This is shown better in the full size drawing in your backup material. Ms. Schertz; When you say new buildings, where are they going to be? Mr. Larry Eisenhaueri My name is Larry Eisenhauer and I am the facility manager. The drawing that you have shows the existing part of the facility highlighted in blue. There is a proposed processing unit and an expansion on an existing warehouse. There will also be a distribution center built on this site. We currently have a distribution center in Oklahoma City and if we build the center here then we will close the center in Oklahoma city and move everything to Denton. There will be an office built on the site where we currently have a doublewide office trailer. There is a proposed truck station and concrete containment areas. We are currently in the process of working with TNRCC and once we have a modification on our air permit we will install an emission control system that we can funnel all of our emissions to and destroy them in a thermal oxidizer. We are looking at starting this later this year, We have a proposed truck station for loading and unloading trucks and we have several proposed tank farms. Dr. Huey; You are requesting approval of all of these additions? Mr. Eisenhauer; Yes we are. We currently have an operating permit from the State, and the TNRCC. Everything that you see on here except for the emission control cevice, which we are • in the process of getting a permit for, is part of our operating permit. Our permit is a ten year permit that we have already received from the State. Dr. Flueyr Is there anything that we have that shows what the changes are? • Mr. Eisenhauer.: Everything that tins the diagonal lines through it is existing and the structures that do not have diagonal lines through them are proposed additions. We are not asking to expand our boundaries and everything except the emission control device has already been approved and is pact r A • I- m • P & Z Minutes 11 1£' 1~'" ~~i7 PTA . March 8, 1995 &eU L1S VS OS Page 9 J v _ r of our operating permit that we received from TNRCC and the State. our moat current projects are the air emissions control device, and the new distillation column. Mr. Cooper, What does this air emission control devise consist of? What is the purpose of it and what is it going to do for you? Mr. Eisenhauer; We are going to take all of the emissions from our facility, capture them and pipe them to this control device. The control device is called a thermal oxidizer and it has a catalysL bed. When any organic material goes through this bed it is essentially destroyed. It is converted to wat.r and carbon dioxide. All of our organic emissions will be captured and run through a filter bed. Mr. Cooperi All of the lette;:s of opposition refer to odors, will this take care of that problem? Mr, Eisenhaueri Yes it will, Ms, Schertz: Are you doing this voluntarily or is it re- quired? Mr, Eisenhauer; We went to the State and told them that we we might have a problem and we told them that we wanted to modify our air permit and put in an emission control device. Me. Schertz; What odors are the people talking about? Mr. Eisenhaueri Some of the things that we process are paint related materials. If you have ever used paint thinner at home that is the type of odor they ai.e probably smelling, Dr, Huey: Will it eliminate all odors including the present • ones? Mr, Fisenhauer: It will eliminate the existing and any future odors, We are installing a unit that is large enough to cover anything that we could do in the foreseeable future, Ms. Flemming, What about noise control? • Mr. Eisenhauer; We have had B couple noise complaints. We r • are an industrial facility and we have trucks in and out of the facility twenty-four hours a day mainly five days a week, The main night traffic is Monday through Friday. Other than normal noise we do have a ya.r,d tractor that we use to move • 4 , • • L\1 - 1 /Y 11 tlll r 1111 O r ! P & Z Minutes ~ March 8, 1995 i 777 r' Page 5 f''i 1(.Q v ~ trucks around in the facility. We found that one of those had a muffler problem which we have corrected. Whatever the noise levels are now should be what the normal noise levels are for the type of business that we do. Ms. Flemming: So with the expansion the noise level will probably increase? Mr, Eisenhauer.: No T wouldn't say that the noise level will increase. We may have more truck traffic. Mr, Cochranr If this is built as planned how much will it increase your capacity? And if you close the Oklahoma facility how much will it increase your truck traffic here? How many trucks do you get !.n there now? Mr. Eisenhauer: The oklahorria facility probably runs in the neighborhood of six to ten trucks a day and that is probably what the increase would be in our truck traffic. We have between twenty to thirty trucks a day now, With this expansion we will probably double our employees and our capacity. We have one hundred and eight employees now with nine truck drivers. Mr, Cochran: Do you expect to take on any new products with this expansion? Mr. Eisenhauerr I can't say for sure right now but we are always looking for ways to expand our products, Mr. Cochranr Has there ever been any complaints filed with TNRCC? How often does TNRCC inspect your site? Mr. Eisenhauerr TNRCC typically inspects our facility yearly, our last inspection was in February of 1994 and it had been almost two years since the previous inspection, The only • complaints that I was aware of was the noise complaint from the City and I was aware of the other complaints that were made to the Texas Air Control Board which is now part of the TNRCIC We are taking steps on our own to improve that situar:ion. Ms. Russell: Have you ever been cited for any violations • concerning emissions? ' • Mr, Eisenhauer: The facility has been there since 1975 and it has always been a Safety Kleen Facility, The only violation that we had was in 1986 or there about and it was an administ- • f e 11,, 1 1 Ar , P & Z Minutes IL;, , ,.llv,r March 6, 1995 Page 6 17G~ rative violation and the fine was under two hundred dollars, other than that we have a clean record at that facility, we. work three shifts mainly Monday through Friday, Ms. Ruseril: flow close do you think the nearest residential area is to your facility? Mr. Eisenhauer: Joy Powell lives a quarter of a mile or less to the north, The Lubbers live to the south on Highway 390. That end of the plant is not as developed as the end toward Ms. Powell, The Lubbers are still in the quarter mile range from the facility, a little bit farther than Ms. Powell, Across Mingo Road to the north there are a couple of churches and to the west there is a small residential area that is about a half mile away. Me, Russell: Are there any other questions? Dr. Huey: There was a comment about the noise of drums dropping, jan you explain that? Mr. Eisenhauerr I really don't know of any incidence of dropping drums in the warehouse area. it would be purely ac- cidental. Dr, Huey: What would be the changes near the residential area? N1 Eisenhauer: We are talking about building tank farms in r, area I1P.aY Ms, Powell, It would not bring trucks up into at area. A tank farm is storage for material both before 1711 after processing, Mr, Yoat; Some of what they are proposing has already been approved back in 1989. The parking and the distribution center were approved in 1989, • Ms. Russell: Are there any other questions? Is there anyone that would like to speak in favor of the petition'? Is there anyone that would like to speak in opposition? Ms, Joy Powell: My name is Joy Powell and I live across the ' road from Safety Kleen, I did not receive a notice of this • • • and I haven't received a notice in the past. I moved into my residence in 1968 and in 1974 Safety Kleen just had an office there and it has grown considerably. It has gotten out of hand. Thn noise that I am talking about 1.9 like a train sitting on the tracks just running. The smells are always • • c~ • P & Z Minutes March 8, 1995-...1. Page 7 there. For ten years I have had to breath these chemicals. We have called the EPA ar:d Texas Air Control.. They have had numerous fires out there and it is not this little company that is safe like they are trying to portray, I am not a quarter mile away, I am just across the road. Mr. Cochran: The smell situation is i'' intermittent or constant? Ms. Powell: It is worse sometimes than at other times, It depends on which way the wind is blowing. Mr, Cochran: What kind of response have you gotten from the Air Control. Board? Ms. Powell: Th^r have been working with me. Ms. Russell: You do understand that what they are going to be doing is going to help your situation? Me. Powell; Yes but it has taken too long. Dr. Huey; You said that you did not receive a notice but there is one here in the file, Ms, Powell; I got a copy of the notice from the Lubbers and I tried to hurry to get it in, I did not get one in the mail. I live on Mingo to the north of Safety-Kleen, Ms. Russell; Between you and the plant is a railroad and a road. The road is going to be approximately thirty feet wide and there is approximately one hundred feet of right-of-way for the railroad, so you are approximately one hundred and thirty feet away. This proposed tank farm number 7 is the only thing that is going to be. built in close proximity, Have A you had a chance to see what they are proposing to build? You are welcome to take this and look at what they are proposing, Is there anyone else to speak in opposition to the petition? Mr. Cisenhauer would you like to make any closing comments? Mr. Eisenhauer: our record with TNRCC is an open record and we have a very good record and I would invite anyone to look • at our record. We have gotten a lot of compliments on our • facility. As far as the noise if we have equipment failure then we can occasionally have some noise due to that but we have to put that equipment back in good repair. I don't think we are much different- from any other industrial facility that could occupy that area, • 0 • • P & 2 Minutes March 8, 1995 Page 8 I Ms. Schertz: Would you state again your Lime frame on the approval? Mr. P,isenhauer: We will be submitting our application for the control device probably next week, our air permit was renewed last year without any problems. We are trying to work with people at TNRCC and the time frame for approval is usually six months. We have to show them that the device we are going to put in will handle things at a level that they require. We are willing to spend the money ahead of approval to start construction to try to get this done. It will cost two to three million dollars for the control. device. Ms. Russell: Do you have a chemist on site? Mr. Eisenhauer: Yes, it is required as part of what we have to do for our permit with the State. We have a lab manager that is a degreed chemist and we have four degreed chemists that work staggered shifts. We have fifteen lab technicians that perform the required tests to comply with our permit and to process the materials. We have an extensive :,ab. We are audited by the corporate office and by the State. Ms, Russell: The public hearing is now closed. Does the staff have any final remarks? Mr, Robbins: I could try to compare the approved PD and what the changes are on this PD. I will work off of the proposed planned development to show you where the changes are. one of the things about a PD ordinance is that if you went outside of the footprint even if the area is the same but the building is outside of the footprint, shown on the PD then it is not a minor ':.mendment and requires a detail plan amendment to be approved by P&P. and the City Council. There is a building that is shown on the existing detail plan, it is a different • shape but about the name size. The containment building in this area is added to the existing detail plan. There is a tower and a building being added. The most major change is the number of parking spaces that are being added. The amount of building square footage that is Laing added is minimal, Dr. Huey: Mr. Yost can you talk about the surrounding zoning B particularly to the north? Mr. Yost, PD 131 is for a light industrial park but there is nothing built there currently. Dr. Huey: Does this include the area where the residences 1 I • 4 • h • P & Z Minutes March 8, 1995 Page 9 are? Mr. Yost; The nearest residence to the north is approximately a half mile away. There are some residences to the west behind Georgia Pacific and that is the highest concentration of residential use. Dr. Huey: What is the zoning where those residences are located? Mr. Yost; It is single family. Mr. Cochran: It was my understanding that Ms. Powell lives due north of the site and that she is about a half mile away. Mr. Yost; There was some research done into where Ms. Powell lives. Me. Powell's lot of record was outside of the two hundred foot, notification area. We notified everyone that was within two hundred feet. Ms. Russell: Are there any other questions? Ms. Schertz: Madam Chair at this time I am prepared to make a motion to approve an amendment to the detail plan of Planned Development 18 allowing the additional development at the Safety-Kleen Recycling Center. Mr. Cooper; I'll second. Me. Russell: Is there any discussion? Dr, Huey: I would like to note that I will support the motion and my reasoning is based principally upon the plans to eliminate the odors. • Ms. Russell: All in favor of the motion please raise your right hand. All opposed same sign. Approved. (7-0) IV. Hold a public hearing and consider the preliminary and final plate and replats of Lots 1R-A, 3R, 4R and 8, Block 1 of the Northwood Gardens Professional Office Park. The .494 acre site is located near the northeast corner of University Drive • and Old North Road. Mr. Yost; 't'here is an existing office park at this site and the reason for the replat is the realignment of a sewer easement which is between Lot 1R-A and Lot 3. There is a proposed building expansion on Lot 1R-A which would have put 0 c, n c =CITY COUNC: ►ww.w.a ~•-r••~ yw~wrwr t, 11 r l • m • CITY COUNCIL REPORT FORMAT aa8alt TO: Mayor and Members of the City Council 1 F FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of it tax refund to Don E. Hickey F RECOMMENDATION: rie ax apartment hag mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been roturned, 1--.uestini; this refund which the Tax Technician recommends, SUMMAR7: Chapter 31,11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500,00, Mr, Ilirkey has requested it refund in the amount of $ 1,909,71 because ize overpaid his taxes on account #023394. BACKGROUND: day's mortgage company paid the t:exes in full on this account on December 29, 1994 and Mr. Hickey also paid the taxes in full on December 30, 1994, resulting in an overpayment, A tax refund is due, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Don F. Hickey FISCAL IMPACT: $ 1,309,71 P FULLY S T" D: y arre City Manager Prepared by., y/ • amp "--V3'c c ne e Tit)e Tax Technician ;Ao ved Jot Fortune Chi f Finance Officer 2633C/3 • 0 , i 1 ~ ,7 "him Q • $is% 110 i, p"Iff Reeme Tam 31.11j4/0. 1j 6014 A"b' Ti ei'' APPL[CA'f110N FOR TAX REFUND~cilUaNu. a rUlc,iB:;llop Collecting Office Name. CITY 06 DENTON CodectlnQ Tax For; DENTON, TEXAS 7+,.201 (ax ng tU is Address City, State, Zip Code In order to apply for a tax refund, the following Information must be provided by the taxpayer. - IDENTIFICATION F PROP TY NE Name; _ e Address: Telephone Number (if additional information Is needed); IDENTIFICATION OF PROPERTY: Description of Properly; r1~ fT/p L h /L Address Of Location of Property: Account Number of Prooerly 46" 3 9 9 ~ or Tax Receipt Number; INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for From Which Round Which Refund Dais of the Amount Amount of n Is Requested Is Requasted Tax Pa meet Tax Refund Y Taxes Paid Requested 3. ` f9 1.~ / 19 1 $ x - r 10 _ ; / / Taxpayer's reason for refund (attach supporting documentaffon); IlLA4 ✓ T~v 'es we't- -.,~g " I hereby ply for~he ref f the abovedescribod faxes and certify that the nformation f have given on this form is true Co5rr i." D Signature T/ Da of A IoadOn for Tax Refund p - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer - Date Signature of Presiding Officer(s) of Taxing Unit(s) for refund applications over $500 Date Any person who manta t Isla entry upon Ms lorpekp rased shah ba eubleol b off of Me not more then 10 years not lea Than 7 yea" and/et a line of nee mere than 5j000~ boot such Oft OW i mprlsonmeol; Z. c onfMem ni In )eN for a term up Is 1 yar or a fla net le a ios d $111,000 or boo such bee and Imprleonlauk saw forth In Section 37,10, penal Code. ntrupp H n • • DON E. MMKEY, ATTORNEY AT LAW SPECIAL ACCOUNT 121 W. OAK ST. PH. 617.347.554E J DENTON, TX 76101 ~~F77~MI119 PAY IS7a ° 3 TO~HDEpOK- -L a4~ - _i $ T w0 _CK~Af~f1tY ~I~~~--~~F+4a17'D 8 G/~j✓ '~`UO~LAR9 U raneotwN Vn n DOII E. HICKEY, ATTORNEY AT LAW 0#0045040 l:Lii9i4742i: NO02 3442 7N' x'0000&57362.' z' 1 ti + 3M6 oats 4 l(q old raueo ry a ipy S ~Tj ~ I r, Z'i fi W^. ~ C.1 V oln s, "r' XT BANK T'X DE14TON TX ~ o .->I IIII till ?11 2< 01-04-45 001345* 00040014th, 7 u ; • c+ . r i f10 R06DW 0:1/16/D5 At 1944 O V L R P A Y M E N T S F 1 NT"}00. RECEIPT NO, NAME ADDRESS AMOUNT STA TU`. i 00 94/02123-0042 FOWLER, GEORGE J NETTLE ST 3.00 OVERPAY a ' 7 00 94103/19-0266 WARREN, DAVID M SOUTHRIDGE DR 48.06 OVERPAY 1 9 0 00 84/03/19^0267 HAROCASTLE, PAULA WOODFORO LN 19,'19 OVERPAY 00 94/03/19-0274 GIBBS, JAMES D KINGSTON TO 39.42 OVERPAY ; 0 00 04/03""$-0142 JUSTUS, DONALD BILL WESTWAY ST 3.00 OVERPAY 'i 632 000 94/03/29 0067 WHATLEY, HAROLD N BLUEBIRD OR 2.00 OVERPAY 0239 700000 94/03/29-0794 TUBBS. LARRY L SANTIAGO PL 975.13 OVERPAY 1264R900000 94/03/30-0141 AKERS DALLAS OR AUTOMOTIVE DALLAS OR f.2B OVERPAY , rnC[nnLL 1 N 12R,jJ2 OVERPAY 02339400000 94/04/03-0094 HICKEY, DON F. SANTA MONICA D 1,309.71 OVERPAY 10287000000 94/04/03.0996 KOLLMOpG6N, NANCY J TANGLEWOOD ST 60.01 OVERPAY ` 03119800000 94/04/04.0913 SPRA8ARY, OLEO 0 SAGEBRUSH DR 248,29 OVERPAY 02935800000 94/04/OB-0376 DOBBS. WILLIAM R R091NWOOD LN 183.89 OVERPAY 02046400000 94/04105-0834 LOGAN, WILL SR KERLEY ST 93.30 OVERPAY 02997000000 94/04/06-0903 EBLEN, MARK W SYCAMORE S't 1137.81 OVERPAY FF 12009900000 94/04/06-1101 HOWRY, JENNIFER M BRITTANY -818 409.18 OVERPAY 5 02193100000 94/94109-0146 MANNING, ROBERT W EOTOR ST 2.00 OV F,RpAY 02464800000 94/04/09.0163 NOONING, MICHEAL L NOTTINGHAM DA 41,97 OVERPAY 'i 91242900000 94/04/10-0045 TRACHT, RONNIE POOKRUS N 42 R 36,68 OVERPAY Y 13105400000 94/04/13-0091 ROSERSON, DEWEY D DOVOLEOAK ST 80,00 OVERPAY 1 02224400000 94/04/17-0141 HARRIS, THOMAS L IMPERIAL OR 467.64 OVERPAY 02208400000 94/04/17.0142 SMITH, REBECCA F CORDELL ST 326.29 OVERPAY 0:1781600000 94/04/17-0186 ABBOTT, JOSEPHINE E MCKINNF.Y ST 2.00 OVERPAY 02349600000 94/04/18.0141 BOURDEAU, JOHN E CHURCHILL. DR 30.00 OVERPAY 09746600000 94/04/20-0123 HOWDY DOODY N16 DALLAS OR 66,76 OVERPAY 81489100000 94/04/24-0074 PROfESSiONAL HEALTHCARE SRVC LONDONDERRY LN 48.43 OVERPAY 10423400000 04/04124.0186 HAU, CHI SINO KENNETH ETAL PAAKSIDE DR 53,10 OVERPAY 02161600000 94/04/20-0122 HEY CUSTOM HOMES INC WESSEX CT 31,11 OVERPAY 90972900000 94/04126-0238 RICK MOORE HOMES FORT WORTH DR 47 86 OVERPAY 91476B00000 94/04/26-0242 DENTON IMPORTS S ELM ST 41.98 OVERPAY 91480800000 94/04/26-0244 NORTH TEXAS TRAILER SALES E UNIVERSITY D 43.08 OVERPAY 91474600000 94/04/26-0246 ACTION IMPORTS OLD ALTON RD 196.68 OVERFAY 91481900000 94104/26-0247 SNOW'S AUTO SALES E MOKINNEY $T 6,33 OVERPAY i 91482200000 94/04/76-0249 StANPORD'S AUTO SALES BELL AV 20.57 OVERPAY 91484800000 94/04126.0280 WALLER'S AUTOMOTIVE FORT WORTH OR 43,47 OVERPAY 91476700000 94/04/26.0291 SUGGIOS AUTO SALES E MISSION ST 18.07 OVERPAY 91480200000 94/04126-0262 MONTERREY CAR CO FORT WORTH DR 29.02 OVERPAY 91474800000 94/04!26.0264 ANDERSON'S AUTO SALES DALLAS DR 11,41 OVERPAY ti 91470900000 94/04/26-0289 EXPRESS AUTO SALES SHADY OAKS OR 3.02 OVERPAY 91482500000 94/04/26-0256 THOMPSON CLASSIC MOTOR SALES d IOWI FORT WORTH DR 11.14 OVERPAY 01476500000 94/04/26-0267 DAVE KRAUSE AUTOS INC N LOCUST ST 89.80 OVERPAY 91481700000 04/04/26.0260 S A J AUTO SALES FONT WORTH DR 40,27 OVERPAY ' 91474700000 94/04/26.0261 AL'S AUTO SALES DALLAS DA 3.02 OVERPAY 91480300000 94;04/20-0264 DENTON MOTORS UALLAS DA 674.84 OVERPAY 91479000000 94/04/26-0268 KURT KRAUSE AUTOS DALLAS DR 19,76 OVERPAY 91471900000 94/04/26.0266 HONEST JOHN'S CADDY CORNER FORT WORTH OR 10,60 OVERPAY 91478300000 94/04/26-0269 JACK'S FRONTIER MOTORS 5 ELM ST 97 79 OVERPAY 91479600000 94/04/26-0271 LIBERTY AUTO LEASING 6 SALES S LOCUST ST 73,02 OVERPAY n 91480700000 94/04/26 0274 NORTH TEXAS AUTOPLEX INC S 1-3511 12,710.30 OVERPAY 91483900000 94/04/26-0276 BILL UTTER FORD 1NO W UNIVERSITY 0 41613,72 OVERPAY 91481800000 04/04/260270 SELE07 MOTORS LTO N ELM 81 30,13 OVERPAY i . O ' 0 c.> 0 r 4 CITY COUNCIL o• er • r O AgelldaNo. ~ ~ , A9 11 ORDINANCE NO. ~9 r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CO CT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with tho procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supp'Jes or services approved and accepted 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 itemai BID ITEM NUMBER NO VENDOR AMOUNT 1727 1 CASCO $ 15,539.00 1727 2 STARK $ 31720.00 1727 3 DRAEGER $10,840.00 1727 4 LONE STAR $ 3,535.00 1727 5 LONE STAR $ 21360.80 1741 1 MAINTENANCE ENGINEERING CORP. $ .62LB 1741 2 MAINTENANCE ENGINEERING CORP. $ .70LB 1745 11215 TEMPLE EXHIBIT "A" 1745 314 PRIESTER EXHIBIT "A" • 1745 6 TECHLINE EXHIBIT "A" 1745 7 WESCO EXHIBIT "A" 1752 IA,1D02 CERCO INC. $131,512.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of • the persons submitting the bids for such items and agrees to ~ • ~ purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. • • ~,~orilnlIN77a . SECTION III. That should the City and approved and accepted items and of the submitted into a formal written agreement as a result of the acceptance;=~t~ approval, and awarding of the bide, the City Manager or hisUT1~ designated representative is hereby authorized to execute the written contract which shall be attached hereto/ provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. numbeFCd "-iteaW of the SECTION IV. That by the acceptance and approval of the above authorizes the expenditure boftfunds bids, in tthe Council amount andeIn accordance with the approved bids or pursuant to a wri';ten contract made pursuant thereto an authorized herein, . SECTION V. That this ordinance shall become effective immediately upupon its passage and approval, PASSED AND APPROVED this day of 1995, NO-11-TA-1 -TL MEB-Z -RR-y r MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY BYt .'APPROVED AS TO LEGAL FORMI MICHAEL A. BUCEK, ACTING CITY ATTORNEY • BY BUPPLY.ORD y $ r~1 ~G~B~!~! • • Ltf I 3 EXHIBIT "A" ITEM DESCRIPTION VENDOR PRICE 1. 500 MCM TEMPLE 4,785 PER FT 2, 250 MCM TEMPLE 2.904 PER FT 3. N2 ALU. PRIESTER l .220 PER FT 4. #2 3P11 ALU, PRIESTER 4,116 PER FT 5• 4/0 ALU, TEMPLE 1.772 PER FT 6. 4 0 BARE ALU. TECHLINE 1330 PER FT 7. 785 BARE ALU, WESCO 980 TAR FT • a r- a • Aovv "I. ~Ilald'.;f10R BATE: APRIL 11)!;95_y CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 0 1727 - SELF CONTAINED BREATHING APPARATUS (SCBA) RECOMMENDATION: We recommend thle bid be awarded to the lowest bidder for each Item as ► sted below: ITEM DESCRIPTION VENDOR PRICE 1, Compressor Casco $15,539.00 2. Caseado/Fill Station Stark $ 3,720.00 31 Breathing Apparatus Draeger $10,840,00 4. Spare Cylinders Lone Star $ 3,535.00 5. Spare Masks Lone Star 2 390.90 TOTAL AWARD $38,898,40 SUMMARY: This bid is for the purchase of a SCBA compressor and self contained breath ng apparatus equipment to replace obsolete equipment recently retired by the Fire Department, This equipment Is used to refill SCBA tanks and to supply fire fighters with a portable source of breathing air In adverse conditions, BACKGROUND: Tabulation Sheet PROGRAMS, DETARTMENTS OR GROUPS AFFECTED: Fire Department FISCAL IMPACT This purchase will be funded from 1994-95 funds approved uir-ng the budge t process, account $ 100-090-0051-9100 with a balance of $98,859,00. Respe ly submltt • o Harrell- City Manager Approvod: Namo: Tom I) Shaw, C,P.M. Title: Purchasing Agent 7B9.A6[NDI1 I • if 'r ti i /it.Nji, h t,' l~lr`~r'~,"~~"t7}, 6`i , e PI i ca i i . ,.yan. e, rn, ry, y:. t, ...[lu.<.. fi.N. w}/.Y9'[r.; y. n. wrr,.,.a n•n.c.n a1s >.A(a.,gM:rp c, a .V,gUna.\a, nu...sri: i NAME SELF CONTAINED STARK CASCO LONE STAR ~TDRAGER BREATHINGS APPARATUS IND. IND. SAFETY ATE FEBRUARY 21, 1996 I I f 1 O FsCBA AIR COMPRESSOR $17,250.00 $16,639.00 NB NB 1 L SCBA CASCADE AND FILL $3,720.00 $6,164.00 NO NE STATION COMBINATION 1 AND 2 NB $21,893.00 NO NB w ~ 4. 8 SELF CONTAINED NB NB $1,507.80 $1,366.00 f BREATHING APPARATUS 6. 8 SPARE CYLINDERS FOR NO NO $441.95 $750,00 ITEM 4 J 6. 18 FACE PIECES EDPM FOR NB NO $147.55 $207,00 ITEM 4 " ALT. f $28,3/1.00 UNICU9 N • ~ f i 4t • • 1 i~•: Iota. ' Ann - DATE: APRIL 11, 1995 CITY COUNCIL REPORT lYa L# w TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1741 - POLYMER FOR WATER PRODUCTION RECOMMENDATION: Council approve award of Bid #1741 - Polymer for Water Production to low bidder meeting specifications, Maintenance Engineering Corp. for an estimated annual expenditure of $24,500.00 at the following unit prices: Bulk Shipments at $ .82/lb 55 Gallon Barrels at $ .70/lb SUMMARY: This bid is for the annual purchase of polymer with renewal options at the end contract term. The product is a highly cationic liquid polymer used for clarification of potable water as a coagulant aid or primary coagulant. The low bidder on both bulk shipments (800-1,000 gal) and 55 gallon barrel shipments is Maintenanco Engineering Corporation, biddinga satisfactory polymer whioh has been previously used by the Water Production Division in the treatment of potable water. BACKGROUND: Tabulation Sheet, Memorandum from Garry Greiner dated 3-24-91, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water Production FISCAL IMPACT: Purchases to be rrnde on an "as needed" basis from budgeted funds in account number 820-0810400-8105 with a current appropriation of $55,849,25. Respectf ly submitted Lloyd V, Harrell City Manager Prepared by: • Name: elanTo HardenA Title: Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 591.A9Ep9A . 7 1 ~1 • • DENTON * ~E1 ilGiliiGR7 „ TFXAS CITY of DENTON TEXAS WATER PROOUCTION 1701.8 SPENCER RL DENTON, TEXAS 70206 tof 7) 061JWf MEMORANDUM TO: Melanie Hardin, Buyer FROM: Garry Orelner, Water Production Operatloos Supervisor DATE, March 24, 1995 SUBJECT., CHEMICAL BID #1741 TITLED "POLYMER FOR WATER PRODUCTION" • BID OPENING 3/21196 In reference to Bid 1741, Maintenance Engineering Corporation is the low bklder and I recommend they be submitted to Council for approval, Maintenance Engineering Is the low bidder on both Part A Bulk Shipments and Part B 55 Gallon Barrel Shipments of 80 1741, They meet aN terms and conditions of the specifications as set forth In Bid 1741, Therefore, once again I recommend the awarding of Bid 1741 Polymer to Maintenance Engineering Company, Please contact me with any concems and keep me apprised of your scheduled proceedings In this matter, Sfncerely, carry Greiner cc: Tlm Fisher r`+ Tom Shaw .o Denise Harpool r, z -r~r Uj c:1wp6. I \gg~polybld ` • r • • s k F~:, ~y t,«r°f. •~It` i~t;~`1 J.'~t•'i nja~+' I y. i..fP.•r r..4'Y IV. N. v.?q♦ r. n:'A:: y, , r.6:.n'i.,, t. rtlrl.r [.ya l.la y,.-~[. ♦b`t. . AME POLYMER FOR WATER BUCKMAN MAINT SWEET 7HC NALCO PRODUCTION LAB ENO WATER CORP CHEMICAL A MARCH 21, 1995 CORP TECH VEN60rV-- POLYMER I rj LBS ~ULXSHIPMENTS (800-1,0NUAL) 0.765 0.62 0.74 0.745 PRICE FIRM FOR MONTHS 12 MONTHS 12 MONTHS 12 MONTHS 1T. MONTHS r~„ N k 5{&01.BS S GALLON BARREL SHIPMENTS 0.79 0.7 0,7 0.745 PRICE FIRM FOR MONTHS 12 MONTHS 12 MONTHS 12 MONTHS 12 MONTHS 1 J 400 GAL 0.51 PER PD U MONTHS ± DELIVERY 5 DAYS 8-5 DAYS 5 DAYS 9 DAYS S DAYS f NO 010 RESPONSE AXCHEM INC CYTEC ; • t • f ~ s r • Q • w ~`JJ3C!+9 intl. DATE: AYRfL ll, d CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 81745 - DISTRIBUTION WIRE i CABLE RECOMMENDATION: We recommend this bid be awarded to the low bidders for each item a- sffoloivs; ITEM DESCRIPTION VENDOR PRICE 1. Soo MCM TEMPLE 2, 250 MCM 4.785 PER FT TEMPLE 2.999 PER FT 3. 02 ALU. PRIESTER 1.220 PER FT' 4. q2 3PIl ALU, PRIESTER 4,115 PER FT 5• 4/0 ALU, TEMPLE 1. 772 410 BARE ALU, TECHLINE PER FT .3330 0 PER FT 7. 795 BARE ALII, WFSCO .980 PER FT For an annual estimated expenditure of $664,575.00, SUMMARY: This bid is for an annual price agreement to purchase wire and cable for use by the Electric Distribution Department, This wire and cable will replace warehouse stock and will be used throughout the City of Denton Electric Distribution System on new Installations and for repairs. The lie in price on Item 6 between Wesco and Techline was decided on by the better delivery time quoted by Techllne, • Six bid proposals were received in response to ten bid packages mailed to vendors, BICKGROUND: Tabulation Sheet PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Warehouse, Electric • Distribution, Electric Utility Customers Tfor lire Cfty o Denton. • , 0 0 /~nntlaNo.., CITY COUNCIL REPORT 11- APRIL 11, 1995 PAGE 2 OF 2 v ` t FISCAL IMPACT: Warehouse Working Capital for Electric 1995 account 0710-043- 0582. Respe f lly submitte : GC ~ Lloyd V. Harrell City Manager / Prepared by: Name: Don se arpoo~- Title: Senior Buyer Approved: Name: Tom D. S aw C.P.M. Title: Purchasing Agent 591.A06NOA • 3 i a• o~. .:E.•"'~Yfii °e`St y~'i'~J ({Ay , • • i ~ NAME DISTRIBUTION ~ WIRE AND CABLE TEMPLE: ELLIOTT WESCO CUMMINS CUMMINS PR' IESTER POLELMIE TECNUNE-- ATE 3-2411-06 01 1112 SUPPLY lYK CASLF-.RI, CUy_H PM 100 MCM 1{ 771 'A-"--_1 1 1._. -P-__ _ _-`{7 100 1! 161 -_.16 970 71,370 04,127 j- NO BID . r.. 1.01E ABLfl, PR 1, CU. HPM 1)0 MGM C - tls )0 1 71.994 11.110 3.1N 17.160 7.071 13 101 _NO BID 17.1M -00 ,1 _ (,ABLiJ PR tyALU,_ ti l 11. NO Sitl 16]1 371 I : - - - ,l I1 71 _ NO 810 LIf1 l lmo NO DID t1,11a 4.- 3,(!" CABLB, PR r, ALL, 01. J PHASe H6 y__ LI_NBAR PT) 1000 pT_RflALH~10001,-___-_71._ NU_BIO - III X1./7 _ 76,760 NO bID-- 4,011 71.111 NO BID 1196 ~~r'~" 17.709 0' CABL-B, P-RI ALU /Jd ",t e._~_..._,-,-_ 11.771 NO BIU - 71.7! _ t1 ,A00 NO DID 1,111/ .161 NO jot is __11,7)1 i 0.0,000 PT _-WIRfl, AL. 410 BARB--__-__ 70.)7 A. 113170 ,~p 10,171_ 10377 ►,/il b. 7.71111 !0.)70 ~ 7. 1 000 P't WIMfl AL. 7fl SAME Add1f111 Ii.Dll _W 11_040 00.04 IIA36 1071 .1-.-_ 1.007 r. 11~-7611 I o)11 3 1.1u 1), 3 All DNLIVRRY i 3-1 DAYS APRIL 96 11 WKS 70 DAYS f + 12-70DAY7 70-11 DAYS f ITAM 7-4 KSRITR HOUTHWIMH ALL US NONfl ALCAN f ITNM 6-1 (IO,ODO MIN) I 6-10 WKS • • i' 'S 1 J I I.. f t , . I i l~ "i1, {~r rt I 5 S rR r1`h bl'• 5, S~, i • e DATE: N ~R1~a T iB9 02 " CITY COUNCI~ L REPORT , h`, D4,)/1 TO: Mayor and Members of the City Council p FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1752-TRAILER MOUNTED POWER RODDER AND THREE REEL TRAILER RECOMMENDATION: We recommend this bid be awarded t,o the low bidder, Cerco inc., for the Power Rodder with options IA & 1D at $68,620.00, and the Three Reel Trailer at $62,892,00, for a total amount of $131,512.00. SUMMARY: This bid is for the purchaso of a Trailer Mounted Power Rodder and a Three Reol Trailer for use by the Electric Distribution Department. The Power Rodder will be replacing an existing unit which is utilized in pulling electric cable through the underground duet system, The Throe Reel Trailer is a self loading hydraulic system capable of carrying throe electric cable reels at once, which are necessary In most underground applications. Three bide were received In response to seventeen bid packages mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum from Fare Emadi dated 4-3-95, PROGRAMS DEPARTMENTSORGROUPSAFFECTED: Electric Distribution, Electric Utility customers o the City o Denton. FISCAL IMPACT: Budgeted funds for Electric DlstribvAlon, Underground Account # 610 20- 9-1031-4290-8611 for Motor Pool Funds $195,940,79. Reaps frilly submitte : t✓i o V . Harre City Manager Prepared by; p 44- e Name: Dense Her pool Title: Senior Buyer A roved; Name: To,. D, Shaw, P. M. Title: Purchasing A gent 590,AOENDA e Q i t !'i t t' r` it=•. • • • i P NAME TRAILER MTD POWER TEMPLE OK I CERCO RODDER & 3 REEL TRAILER I CHAMPION INC i P kft ATE MARCH 30, 1995 f TRAILER-MOUNTED T POWER HODDER $62,210.00 $57,292,00 "2.624.00 i MFG OK CHAMPION OK CHAMPION OK CHAMPION ! MODEL 5660-36-65 5660-36-65 5660-36-65 OPTIONS 11A 1 EA 25' DUCT GUIDF HOSE SET $1,771.74 $1,630,00 $1,516.00 11 9 { 1 EA 2' CABLE GUIDE HOSE SET $10,266,00 $9,445.00 $8,786.00 I1 C! 1 EA P CABLE PULLINO GUIDE SET $16,248.00 $14,948.00 $13,904.00 J10 1 EA, 5" CABLE PULLING GUIDE SET $16,921.00 $15,567.00 $14480.00 f 2. J 1 EA SELF-LOADING THREF. REEL TRAILER $74,628.00 $68,749,00 $62,892.00 I l MFG OK CHAMPION OK CHAMPION OK CHAMPION MODEL RTdKBT3 RTSKST3 RT8KBT3 • DELIVERY 120 DAYS 120 DAYS 120-180 DAYS NO BID - POLELINE Il , • • ~crtl^Pdo._- - 04-D ;CV1) CITY OF DENTON MUNICIPAL UTYL177ES • 901•A TEXAS STREET DENTON, TEXAS 76201 M E M O R A N D U M TO: Tom Shaw, Purchasing Agent PROM: Para Emadi, EmJineering Tech I1' DATE: April 3, 1995 SUBJECT; BID k 1752 c_-ssvc=vvoar.vv_c=c_ccvcvr_v_; ncovvss_=occcovm=ceossevan:mmsscsnaeevnc The Electric Utility staff recommends the approval of Bid 41732 to CERCO INC for the purchase of: 1) one trailer-mounted power rodder including options JA {25' Duct (tide Hose Set) and ID (5" Cable Pulling Guide Set), and 2) one self-loading three-reel trailer, CERCO was the lowest bidder to meet our specifications. TE:gb ~ -Q fd" G7yls- Y CC: R. E. Nelson, Executive Director of Utilities Jim Harder, Director of Electric Utilities Ralph Klinke, Superintendent, Electric Distribution • 06t11507J 'Dedicated to Ouasty Service" • • aV ~ r I rf., .iAy f 1 ! ~Y \,:~~+1'f!~! ~i)ff`.?^~',~i...~ 0 c> 0 COUNCI c ~o ~ tl y C 4 r Q G N 1 "INN • i ggEi►daNo--. AgendaN ~.f . Date ~_~~1~ i , ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT PROVIDING FOR THE SALE OF CERTAIN EQUIPMENT OWNED BY THE CITY OF DBNTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, in accordance with the requirements of TEX. LOC. GOVT CODE ANN. CHAPTER 252 (VERNON 1988), has advertised for the sale of a certain equipment and described as 1972 American LaFrance Fire Truck, 1977 American LaFrance and miscellaneous Self Contained Breathing Apparatus. i WHEREAS, the City manager having recommended to the City Council that the said sale of equipment be approved; and THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1._ That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached herstr), are hereby accepted and apprc-ad as being the highest responsible bids for such itemss BID ITEM NUMBER NO VENDOR AMOUNT 1~'o 1 KRUM FIRE DEPARTMENT $15,000 C,40 2 CHARLES GRIMES $12,333 1740 3 GROESBECK FIRE DEPARTMENT $ 20030 1740 4 GROESBECK FIRE DEPARTMENT $ 147 1740 5 CHARLES GRIMES f 150 1740 6 AUBREY FIRE DEPARTMENT $ 400 '740 7 CHARLES GRIMES $ 50 1740 C AUBREY FIRE DEPARTMENT $ 150 SECTION II. The City Council hereby authorized the City • Manager to execute any and all documents necessary to consummate the sale of listed equipment in accordance with the contract, and the expenditure of fr,nds incidental to said sale. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. J • • VOW Age nt PASSED AND APPROVED this the ABaGtr, e day of J - 711 CU t 5 8011CASTLEBERRY, MAYOR I ATTESTS JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORM: MICHAEL A. SUCZK, ACTING CITY ATTORNEY BY: ewe, o~ • • it I. I a~'t WaV S;i k'+r y • • ~~enQeNo. r CITY COUNCIL REPORT TO: Mayor and Members of t V he City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: BID # 1740 - SALE OF FIRE TRUCKS each Ifeee edN We recommend this bid be awarded to the highest bJd~ler for ITF,M p DESCRIP'T'ION HIGH BIDDER 1 AMOUNT 1972 Fire Truck 2. rit e 1977 Fire q,-ac}; Y of Krum :15,000,00 3. 5 Lots Air Paks Charles Grimes $72,3 0. 00 4. 1 Lot Alum, Cylinders Groesbeck V, F, D, 2,030,00 5' 3 Lots Steel Cylinders Groesbeck V.F,D, $ 147,00 5 1 Hr Air Paks Charles Grimes $ 150,00 7, 15 Min Air Paks Aubrey Grimes $ 400. 50 00 S. 1 Lot Misc. Parts Charles Grimes 5 00 Aubrey V.i' o, $ 160,00 SUMMARY. This bid is for the sale of surplus obsolete equipment from the Fire Department. The two American LaFrance trucks are 23 and 1b years old. They are no ]anger economical to repair and maintain as active firefighting equipment, The two fine trucks were declared surplus with the arrival of the two 1993 International General Safety pumpers The Self Contained Breathing Apparatus (S, C. B. A. ) was declared obsolete or uneconomical to repair afteran inventory of existing equipment, BACKGROUND: Tabulation Sheet, Memorandum from Chief Cook dated 3-23-95, PROGRAMS DF.PAhTMENTS OR GROUPS AFFECTED; Fire Department and Motor Pool Operations, - 4espo u1ly a u b ted: Harrel ager Approved: • 5 h" ® • Name: Tom D. Shew pC, - ;NI, Title: Purchasing Agent 59J. AOdNDA . i' , t . :•I ~ ~i p,Yrli ~the' i • r~ • • v, 1740 - BID NAME SALE OF FIRE TRUOKS OROESBLCK JUSTTNTAUBRP,Y V.F.1) IQtUM V.F.U. CHARL,B$ R.SMr17I DATE MARON 21, 1995 V.F,D F.D. ORIARLINO - N71TY~ . ._.__.DEBOViIpTiON . DOH _ _ ! f VENDOR VBN a FW T'RUCKS wrr i AC(:BSSORI" II 1 @ G7t ^ UNIT 215- 1972 AMERICAN L AARANC 1? 35_03.00 3!S 00 50.08 33105,00 ' r 1 FAGTI UNIT 219- 1777 AMERICAN 10,105,10 [.PRANCE i r I - - 56`003.00 -J 12x37.00 -2---- - + ---i-oo SCBA EOUIPMFN!' - 3. PAR I.OT 5 1,C IN OF TWO RACH SC(Y!9' IV R : AK U PRF-%URI?- DEIMAND SI:BA INDICATE N OF 1 OTS $110.00 3203.00 PAClt 4. t 1.0T 1 [ 07' OF FOUR 8('OTI 22l.b _ 330.00 ' I $30.00 PW!ALUMINUM CYt [NDFKS ;147_00 -4' 5 PFJ2 I.O'I' IOT'S OF 5[X FA. SGOT7 'AND - $50.00 4 - - ~rM1SA 2216 P31 STP,LL CYI. IN13L3R5 , lNDICATH N OE+ 1.07 S NB i L07' OF FOUR SCOTT 4.5 - AIR PAILS, 1 HOUR WITHOUT I OT 1,-(, (7. t YLINDkw OR MASKS, I.UT 1 OE ONL+INSA C IJH t5 M1tIN 3100.00 NB 0I1MANU SCFFA W17'FI MV1I 5[7331. C YIANDP,RS WITH CASH, 1 NA $5.00 SSO.W 1 I C71' UN M1S(:, SC07T $50 - RVOUL.AFORS, FRAMES, AND .00_ HARNESSESS FOR PARTS -OP REBUlL.DINO $10: $5.00 3150.00 - - - - 00 325.00 NB 1 Bit) BONI) YES NA YFS YES ym rte,-.w._.,w.nn-.±Y. ' Y r MMr rY..YWIYJY'.•i',• Y/Y•.•. • • h 0iiu.1 tali, MEMO #9"27 D F5 TOi Mr. T. Shaw, Purchasing Agent FROXI J. L. Cook, Jr., Fire Chief DATRi 23 March, 1995 RE: BID 11740 I have examined the bids received by the City for the items listed on Bid 11740. The bids seem to be in order and I would recommend that we accept the highest amount bid in each case. That would mean that Krum would be awarded the bid on the 1972 LaFrance and Charles Grimes would be awarded the 1977 LaFrance. The SCBA parts, etc., would be awarded to several bidders. The bids that wire received for the 1977 LaFrance were lower than we had originally anticipated. Nevertheless, given the age and condition of the vehicle and our on-going maintenance costs I see no reason to rebid in the hope that we might secure a higher bid next time. For example, we would have to replace the water booster tank if we were to continue to use the vehicle. This would cost us as much or more than the old we received. for the unit ($12,333.00). In addition, these vehicles were actually replaced in early 1994 with the arrival of the two 1993 International General Safety pumpeis. We have had the luxury of having the extra vehicles during this time while we made repairs on the two units which we will keep in reserve. We have completed those repairs and are ready to dispose of these two surplus units, Should. you have any questions in this matter, please do not hesitate to contact me. xc: Mr. R. Svehla, Deputy City Manager • JLC: • ~ t , S~~ ~ l g~'?i 1 6 'nT ~r F~~,[~ ~rj~~11 ga4'~~ti;t c . r =CITY=~=- --COUNCI 1- 00 x o °GL cS r • a • A 5. ;t A(~ndaNo ApW 11 ORDINANCE NO. oats 1 C7 AN ORDINANCE AMENDING ORDINANCE NO. 95-054 RELATING TO THE AWARD OF BID NUMBER 1733 FOR THE PURCHASE OF SERVICE BODIES AND CRANE TO PROVIDE FOR THE PURCHASE OF ONE CRANE/SERVICE BODY, BID ITEM #3; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on March 21, 1995 authorized the purchase of a crane service body from Commercial Body per Ordinance No. 95-054; and WHEREAS, the City desires to recend award to Commercial Body for Bid Item 43 and award the purchase of Bid Item !3 to Total Truck; NOW, THEREFORE, THE. COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That Ordinance No. 95-054 Is hereby amended to provide for the purchase of one (1) cranelservico body from Total Truck pursuant to the terms of Bid Number 1733. SECTION 11, That Bid Number 1733 is hereby amended to provide for additional compensation of $113.00; total price payable to Total Truck is $17,359.00 under this ordinance. SECTION III . That the funds for this amendment are to be expended frog the City's Motor Pool Replacement funds approved by the City Council In the I M-95 Budget. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED THIS THE _ day of , 1995. BOB C STLEBER -YY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY., tl45, oAD - • o • • C rode No, ~~t+ntialten - DATE: A t CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID A 1733 - SERVICE BODIES AND CRANE RECOMMENDA''iON: We recommend that the Council Award of Bid Item 3 to Commercial Body be withdrawn and that Bid 1733 Item 3 be awarded to the lowest bidder meeting specificadon, Total Truck in the amount of $17,359.00. SUMMARY: The truck body that appeared to be the lowest bidder and recommended oraward --on March 21, 1995 did not meet specification. The body offered by Commercial Body was a standard duty utility body reinforced to accept a hydraulic crane. Our specification calls for a body designed and manufactured specifically for a crane Installation. Mr. Jack Jarvis, Fleet Superintendent, discovered this disoropanay after award by Council but prior to issuance of a purchase order. We antioipate that the lighter duty body will have a shorter life expectancy and less serviceability for its intended use. The additional $113.00 expenditure Is insignificant in the overall investment in this truck. BACKGROUND: Tabulation Sheet, Memorandum from Jack Jarvis dated 3-30-95. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Operations and Wastewnter Treatment Plant (Truck--6vnor). FISCAL IMPACT: The $113.00 additional funding will come from Motor Pool vehicle replacement~unda. Rasp lly submt ted: Lloyd V. Harrell 1 City Manager Approved: s • i' Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent SBB.ltlBMDA 4 tai F ) ~ • 0 • _ ca • • kD 1733 SERVICE BODIES TOTAL AO VAN & FONTAINE COMMFRCIAL AND CRANE TRUCK TRUCK TRUCK & BODY CORP MARCH 9, 1995 EQPT CO EQPT DESCRIPTIO N VENDOR VENDOR VENDORVENDOR UILITY SERVICE BODY FOR $4,576.00 $4,290.00 54,530.00 $5,570.00 1 TON, DUAL WHEEL, 84' CA, CAB/CHASSIS COMPLETELY INSTALLED. j MAKE STAHL OMAHA RAWSON KOENIG READING E MODEL 132VD481/2 1220V 894DW94 132ABDW I 2. 2 UTILITY SERVICE BODY FOR $2,997.00 $2,786.00 $2,734.00 $3,402.00 j 1 TON, SINGLES WHEEL, ~j 60• CA, CAA/CHASSIS 56' COMPLETELY INSTALLED MAKE STAHL OMAHA RAWSON KOENIG READING If MODEL 96ve-481/2 %V 856 98ABSW 3. 1 ~ CRANF./SERVICEBODY FOR $17,359.00 $17,528.00 $18,028.00 517,246.00 1 TON, DUAL WHEEL, 84' CA, CAB/CHASSIS I COMPLETELY INSTALLED I CRANE MAKE. AUTOCRANE LIFTMORII AUTOCRANE IMT MODEI. 5004 50^0 X20 S005111-1 2015-20 I BODY MAKE? STALWART OMAHA RAWSON KOHNIO READING MODEL. C112VD48 112 132D54V C64DW94 132ABDW r ~~nrd;,'br~i CfrYOfDENTON, rEXA,f MUNICIPAL BUILDING / 216E MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: Tom Shaw, Purchasing Agent FROM: e jack Jarvis, Superintendent of Fleet Services DATE, March 30, 1995 SUBJECT' CHANCE IN AWARDING wD 11733 - CRANE BODY AND CRANE The lowest bid for the crane body and crane was $97, 246 submitted by Commercial Body and consequently this company was awarded the bid for this piece of equipment Upon further review, 1 have discovered there was an oversight on my part as to the type of body that was bid, Commercial Body bid a utility service body with a built up section at the rear for mounting the crane. What is needed, and was requested In the specifications, for this piece of equipment Is a crane body, not a beefed up utility body, The difference between the two bodies Is that the crane body Is built with heavier materials within the complete unltalong with factory bulltheavybracing Inside the body for mounting the crane, It 1s m y recommendation tha t we award this bid to Total Truck and EgWpment for $97,359, This company bid a full crane body In accordance with the bid specifications. There is only a $113 difference In the bid amounts, • s r • 8171588.8200 D/FW METRO 434.2529 • I rn • r PHOTOCOPY 1 n Y- . 1 a M V 1 • a~ • • ® AQendalt CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 MMORANDUM TO: Mayor and City Council Members FROM: Lloyd Harrell, City Manager DATE: April 6, 1995 GUBJ?CT: Ordinance for Amendment. No. .1 to Agreement with Morrison Milling Morrison Milling is in the process of planning their medium and long range needs. They have reyueated that the City formally commit to the second term of the lease two years early. The first term of the City's lease with Morrison will expire on April 30, 1997. This lease has been mutually beneficial to the City and Morrison. Staff does not foresee the City utilizing the apace currently leased by Morrison for the next seven years, The Legal Department has reviewed the lease and made an amendment which will commit, the City to the second term of the lease beginning on April 30, 1997 and terminating on April 30, 2002. The amendment would ensure that our right to reduce the space and/or terminate the agreement would be retained. Execution of the second term of this lease agreement guarantees the City lease revenues which are to be used to pay for the construction of the Denton Municipal Complex. Staff recommends execution of this lease amendment with Morrison Milling. 4on~ ~ Ma vg~-r Y Attachment 1854.FM • i ~ • n -1594 30:38 8175665992 NORRISON t11L.U[N0 P102 THR rmorrp son miLuna comp n December 21, 1994 Lloyd Harrell City Manager City of Denton Denton, rx 76201 Door Lloyd, We of Morrison Milling ore In the process of planning our medium to long range needs for a growing business, A part of the planning involves pro)ecffng our warehouse needs Into the future. In light of the growth we have exporlenced In the last two years, we feel the space we now loose on Hickory Sfreel from the Clty of Denton Is very Important to our future. We think this lease has been mutually beneficial to ourselves and the City of Denton, and hope that you agree. In this loose there Is a fhsl term and a second term. I would like to request that the City of Denton constder committing formally to the second form of this lease, which Is five years, It Is very Important to u. that the commitment Include the endlre space now leased by Morrison Milling Company, This space Includes building C,P & 0 of exhibit C In the lease agreement. I appreciate your consideration of our request and hope that It will prove as beneficial for the City of Denfon as It is for ourselves to extend the lease on the Hickory Street warehouse, • Sincerely RIE MORRISON MILLING COMPANY Clifton Shoomake President & COO ® CS/skb A • • Q e M ORDINANCE NO. AN ORDINANCE OF THE. CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT NO, 1 TO AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY FOR LEASE OF WAREHOUSE SPACE AT 601 EAST HICKORY STREET; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute Amendment No. 1 to Agreement Between the City of Dent-on and the Morrison Milling Company for a lease of warehouse apace at 607 East Hickory Street, a copy of wh:rh is attached hereto and incorrr,rated by referenck- herein. SECT_:''Y I1 L. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPkOVED this the day of _ 1995. BOB CASTLEBERRY, MAYOR ATTEST: Jr'NNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LECIAL FORM: MICHAE1, A. BUCEK, ACTING CITY ATTORNEY • 1 Dv 1 ) 4 0 Y'v • • 1 I 2L AMENDMENT NO, 1 TO AGREEMENT BETWEEN 1 O V ~A(V THE CITY OF DENTON AND THE MORRISON MILLING COMPANY DATED MAY 5, 1992 WHEREAS, on May S, 1992, the CITY of. DENTON, DENTON COUNTY TEXAS, hereinafter called "CI'T'Y", and the MORR.ISON MILLING COMPANY, hereinafter called "MORRISON", entered into a Lease Agreement Between the City of Denton and the Morrison Milling Company for Warehouse Space at 601 East Hickory hereinafter called "Lease"; and WHEREAS, the Lease provides for a First Term beginning on May 1, 1992 and terminating) on April 30, 1997; and WHEREAS, the Lease provides that Morrison may extend the Lease to April 30, 2002 for a Second Term by giving written notice that Morrison wishes to extend the Lease; and WHEREAS, the Lease provides that the City may reduce or ter- minate the Lease during the. Second Term by giving Morrison one-year notice of said reduction or t:ermi.nation; and WHEREAS, Morrison desires to extend the Lease for the period contemplated by the Second Term, but extend the notice period for the City to reduce or terminate the Lease during the Second Perm to two-years; and WHEREAS, City desires to extend the Lease for the Second Term; NOW, THERF,FORE, W I T N E S S E T H: ARTICLE I. Arti.cl.e ]I1. 'PERM, section 3.02. Second Tei.,, of Lease ie hereby and herewith deleted from Lease and replaced wit'• the following: 3.02, Second Term. This Lease shall. continue in effect for the Second Term of this Lease beginning on April 30, 1997 and terminating on April 30, 2002, pursuant to the same terms and conditions as during the First Term; pro- vide:d that rent shall be as set forth in the 1,ease for the Second Term. ARTICLE II, Article I[[. 'PERM, section 3.03. Termination or Reduction in Second 'lean of [,ease is hereby and herewith deleted from Lease and ! replaced with the following: ! 3.03. Termination or Reduction in Second Term, The City shall. have the right during the Second Term to termi- • • h t a jl;Sil;i~l'au y t ~t:,lit;6'4If)GJ hate this Lease or ti reduce the square footage of the U~ ) enclosed space in the Leased Property if the City dete mines, in its sole discretion, that all or part of the Leased Property is needed for City functions or operations, by giving Morrison written notice not less than two (2) years prior to the effective date of the reduction or t - mination. city s er ti.on pursuant to thislprovision ofxthe Lease prior torApril 30, 1997. The City may only reduce the Leased Property in increments that: include the total leased area that encom- passes Building Area C or F, or both, as shown on Exhibit A to the Lease. The City's notice of reduction to Morrison must designate the amount of reduction. If the City elects to reduce the Leased Property, Morrison shall have the right to terminate this Lease by giving the City written notice within sixty (60) days from the date Morrison receives notice of the City's election. Morrison's ter- mination shall be effective two (2) years from the date Morrison receives the City's notice of reduction, ARTICLE III. Except as specifically amended herein, the terms and conditions of the Lease, as executed by the parties on the 5th day of May, 1992 remain in. full force and effect. ARTICLE IV. This Amendment shall become effective immediately upon its execution. Executed this A day of 1995. CITY OF DENTON, TEXAS BY; BOB CASTLEI3Ef2RY, MAYOR • ATTEST: JENNIFER WALTERS, CITY SECRETARY t BY: PAGE 2 •`o s • .r ~-~PodardU Z APPROVED AS TO LEGAL rORM: ~U~~p'^EtOR MICHAEL A, BUCEK, ACTING CITY ATTORNEY I}lid. BY: l1W THE MORRISON MILLING COMPANY B Y: TITLE: / 1 .i. , • I 3 F:\XP[l0C51K\AOAR15011. FMT PA yE 3 . t ~ r~ t i`:^I ~yy ~ ttr ~~L ~~~~~~1`"I Ir !t~`~Y~ b • f- w • CU.I.I} diNU 1 ' (g6 LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY FOR WAREHOUSE SPACE AT 601 EAST HICKORY, DENTON, TEXAS This agreement for the lease of real property is made between the City of Denton, a municipal corporation of the State of Texas, and The Morrison Milling Company, a Texas corporation. The parties agree as follows: ARTICLE I. DEFINITIONS This Article contains definitions of certain terms used in this Lease, set forth as follows: 1.01. City. City of Denton, Texas. 1.02. Hazardous Substance, Any substance that is toxic, ignit- able., reactive, or corrosive and that is regulated by any local government, the state of Texas, or the United States Government. "Hazardous Substance" includes any and all material or substances that are defined as "hazardous waste," "extremely hazardous waste," or a "hazardous substance" pursuant to state, federal, or local government law. "Hazardous Substance" includes but is not re- stricted to asbostos, po),Pcholorobiphenyls ("PCBS°), and petroleum. 1.03. Lease, This lease agreement, 1.04. Leased Property, Approximately 48,100 square feet of space located within the Moore Buildirg leased to Morrison for warehouse space, including the land, docks loading ramps, and Parking Area abutting the Moore Building, but excluding any land located within any public street right-of-way, all as shown in the cross-hatched area in Exhibit A, attached to this Lease. 1.06. Morrison. The Morrison Milling Company. 1.06. Moore Building, The building formerly owned by Moore S Business Forms, located at 601 East Hickory in the City of De ton, Texas, located on the land described on Exhibit B, attached to this Lease, 1.07. Parking Area. The employee and guest parking area designated by the City for the use of Morrison for parking motor vehicles, as described by the cross-hatched area on Exhibit C, ® attached to this Lease. • .j 1.08. Temporary Use Property. The portion of the Moore Build- ing, and the docks, loading ramps, and parking and maneuvering area a PAGE 1 • p • described by the cross-hatched area on ExhitLt' D, attached to this Q~ Lease. ARTICLE II. LEASED PROPERTY 2.01. Leased Property. City leases to Morrisonl and Morrison leases from City the Leased Property, 2.02. Temporary Use Property. Morrison shall have the right to make use of the Temporary Use Property for ninety (90) days from the beginning date of this Lease without additional charge, to com- plete installation and alteration of the dock and loading ramp im- provements serving the Leased Property, as specified in this Lease. Upon the written request of Morrison, the City shall extend by thirty (30) day increments, the period of time in which Morrison may continue to use the Temporary Use Property if Morrison is mak- ing good faith efforts to complete the dock and loading ramp improvements. The Temporary Use Property is made available to Morrison "A& 1S", with Morrison accepting all defects, if any, and the City makes no warranty or representations of any kind, express or implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous substances, except as otherwise provided in this Lease. 2.03. Parking Area. The city shall provide Morrison, at no additional charge, the Parking Area for the use of employees and guests of Morrison, which shall be subject to reasonable regula- tions of the City. 2.04. Use of Lease! Property. Morrison may use and occupy the Leased Property and the Temporary Use Property, for its usual business operations, including, but not limited to, the storage of materials and products ordinarily kept, used, or maintained in Morrison's buuiness operations, and for no other use. Morrison sshall not do or permit anything to be done in or about the Leased Property or the Temporary Use Property that will materially obstruct or maturially interfere with the rights of other persons occup-ing the Building. Morrison shall not permit any nuisance in, • on, or about the Leased Property, or the Temporary Use Property, and shall regularly remove therefrom all trash and debris. Morrison ,hall comply with any law, statute, ordinance, rule or regulation of any governmental or quasi-governmental authority affecting the Leased Property or the Temporary Use Property, now in force or that may hereafter be enacted or promulgated. PAGE 2 • 0 • • 4 We 2.05. No Warranties. The Leased Property isd~(J Morrison "AS TS", with Morrison accepting all defects, if any, and the city makes no warranty or representations of any kind, express or implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous substances, except as otherwise provided in this Lease. Notwithstanding anything to the contrary contained in this Lease, the City shall be liable for and indemnify and hold Morrison harmless from any and all claims, damages, fines, costs , liabili- ties or losses resulting from any violation of any applicable laws, ordinances, orders, rules and regulations of all governmental entities and regulatory agencies (collectively, "Applicable Laws"), including Applicable Laws pertaining to health and the environment, or restrictive covenants or other encumbrances relating to the Moore Building, or the land on which it is located, that: (a) occurred in whole or in part prior to Morrison': taking possession of the Leased Property, including any violation con- tinuing at the time Morrison takes possession; (b) Results in whole or in part from the Moore Building or the land on which it is located violating Applicable Laws or restric- tive covenants or other encumbrances, but excluding violations arising from Morrison's operations or conduct or from Morrison making alterations to the Leased Property; or (c) Results in whole or in part from the presence, release or disposal of hazardous substances on or from the Moore Building or the land on which it is located, if the presence, disposal, or release of hazardous substances is not caused by Morrison or Morrison's employees, contractors or agents during any term of this Lease. 2.06. Hazardous Substances. Ekbept for pesticides kept and dispensed in accordance with State and Federal law and regulations, Morrison shall not cause or permit,'jny Hazardous Substance to be used stored, generated; or disposed.of on the Leased Property or the Temporary Use Property, without the city's written consent. If Hazardous Substances are used, stored, generated or disposed of on the Leased Property or Temporary Use Property by Morrison, its • employees, e.ge.its, or contractors, except as permitted above, Morrison shall indemnify, defend and hold the City harmless from any and all claims, damages, fines, costs, Liabilities, or losses, including without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restora- tion mandated by a federal, state, or local agancy or political subdivision resulting from the use, storage, generation or disposal PAGE 3 I • 91 Qla of Hazardous Substances by Morrison, its employees, acn or con- tractors in violation of Applicable Laws. ARTICLE III. TERM 3.01. First Term. The First Term of this Lease shall begin on May 1, 1.992, and shall terminate on the April 30, 1957, unless earlier terminated as provided in this Lease. 3.02. Second Term. Subject to Section 3,03, if, before December 1, 1996, Morrison gives written notice to the City that it wishes to extend this Lease for a Second Term, this Lease shall conti,tiue in effect until April 30, 2002, on the same terms and conditions as during the First Term; provided that rent shall be as set forth herein f.)r the Second Term and Morrison shall not be entitled to any further extension. 3.03. Termination or Reduction in Second Term. Should Morrison give notice to extend this Lease for a Second Term, the City shall have the right during the Second Term to terminate this Lease or to reduce the square footage of the enclosed space in the Leased Pro- perty if the City 'etermines, in its sole discretion, that all or part of the Leased Property is needed for City functions or operations, by giving Morrison written notice not less than one (1) year prior to the effective date of the reduction or termination. The City may only reduce the Leased Property in increments that include the total leased area that encompasses Building Area C or F, or both, as shown on Exhibit A. The City's notice of reduction to Morrison must designate the amount of reduction. If the C`.ty elects to reduce the Leased Property, Morrison shall have the right to terminate this Lease by giving the City written notice within sixty (60) days from the date Morrison receives notice of the City's election. Morrison's termination shall be effective one (1) year from the date Morrison receives the City's notice of reduc- tion. ARTICLE IV. RENTALS AND PAYMENTS 4.01. Rent. in c(nsideration for this Lease, Morrison shall pay to the City during the First Term, monthly rentals based on an annual rate of $1.50 per square foot of the enclosed space in the Leased Property, being $6,012.50 per month. Monthly rent shall be paid without notice, demand, counterclaim, set-off, or abatement, in advance on the first day of each calendar month throughout the Term hereof, at the offices of the Finance Department of the City, 3 Accounts Receivable, 215 E. McKinney, Denton, Texas, 76201, unless ® Morrison is notified otherwise. Should Morrison extend this Lease PAGE 4 0 r _ for a Second Term, the monthly rent shall be based on an annual rate of $1.75 per square foot of the enclosed space in the Leased Property, or $7,014.58 per month. Should the City's exercise its right to reduce the enclosed space of the Leased Property leased to Morrison during the second Terra and Morrison does not terminate this Lease, the rent shall be reduced accordingly on a per square foot basis. 4.02. Due Date. All rent paid by Morrison after the tenth (10th) day of the month will be delinquent and shall include an additional monetary penalty equal to five percent (51) of the rental amount due. Failure to pay rent after the tenth (10th) day when due or the failure of Morrison to pay the five percent (5%) monetary penalty on delinquent rent shall constitute an event of default of this Lease. 4.03. Destruction of Property. If the Leased Property is damaged by fire or other casualty, ::he City may repair or recon- struct the Leased Property to substrntially the same condition as existed immediately prior to the casualty or terminate this Lease by notifying Morrison within sixty (60) days after the date of the fire or other casualty, such termination to be ef,ective as of the date of such fire or other casualty, The rent required to be paid hereunder shall be abated in proportion to the portion of, the Leased Property, if any, which is rendered untenantable by fire or other casualty until repairs of the Leased Property are completed, or if the Leased Property is not repaired, on the date of termina- tion specified herein. If the City elects to rebuild the Leased Property and the re- construction is not completed within one hundred-eighty (180) days from the date of the fire or other casualty, Morrison shall have the right to terminate this Lease by delivering written notice of termination to the City prior to completion of the reconstruction. Other than the rental abatement, the City shall not be liable to Morrison for loss of the use of the whole or any part of the Leased Property, Morrison's personal property, or arty inconvenience, loss of business or profit, or annoyance arising from any repair and reconstruction. ARTICLE V. UTILITIDJ 5.01. Utilities. Morrison shall pay for electricity, natural gas, solid waste removal, telephone service or any other utility services supplied to the Leased Property, except that the City shall provide cold water and sewer service to the Leased Property • at no expense to Morrison. The City shall install meters or • submeters, at its cost, if necessary to measure the consumption of PAGE. 5 • 5 electricity and natural `9 9 gas supplied to the Leased Pr r y. he City shall make all repairs, at its expense, as necessary to insure that electrical, natural gas, and water and sewer service is avail- able for the Leased Property on the beginning date of the First Term of this Lease. Thereafter, Morrison shall be responsible for the maintenance and repair, at its cost, of all wires, pipes, equipment and associated utility facilities within the Leased Pro- perty which are necessary to supply electricity, natural. gas, water and sewer, or other utilities to the Leased Property. 5.02. Billing. The City shall bill Morrison monthly for the utility services for which it is liable to the City herein and Morrison shall pay the bill within fifteen days of the date the bill is mailed or delivered to Morrison. Morrison's failure to timely pay for utility services provided by the. City to the Leased Property shall not be a breach of this Lease, but Morrison shall be subject to the same penalties, costs, charges, fees and remedies and shall, enjoy the same rights as other utility customers of the City in the supply of utilities to the Leased Property by the City, including the termination of utility service for non-payment. 5.03. Heating and Cooling. The City shall not be responsible for providing any heat or air conditioning to the Leased Property. Morrison shall be responsible for the repair and maintenance of any heating or cooling equipment now located or hereinafter installed on the Leased Property by Morrison. ARTICLE VI. IMPROVEMENTS, ALTERATIONS AND REPAIRS 6.01. Roof and Exterior Repairs. The City shall keep the roof and exterior walls of the Lease,] Property in good repair, excluding the replacement of glass, but the City shall not be lia- ble to Morrison for lost revenues, profits, damages, claims, or losses of any kind, including loss or damage to merchandise or materials stored or kept on the Leased Property, because of the City'-v failure to make timely or adequate repairs. 6.02. Interior Repairs. By taking possession of the Leased Property and the Temporary Use Property, Morrison shall be deemed to ave accepted the same as being suitable for the conduct of Morrison's business. Morrison shall, at its sole cost and expense, keep the Leased Property in good condition and repair, ordinary wear and tear excepted. Any injury or damage to the Leased Pro- perty or the Temporary Use Property, or the appurtenances or fix- tures thereof, caused by or resulting from the act, omission or neglect of Morrison or Morrison's employees, servants, agents, or • invitees shall be repaired or replaced by Morrison, at its expense. • • PAGE 6 i, j 1 • 0 • w • c 6.03. Separation of Leased Property. Morrison agrees ` install, at its own expense, permanent walls, doors, or make other alterations, as specified and approved by the city, which are necessary to close off the Leased Property from the remainder of the enclosed space in the Moore Building which is not leased to Morrison, 6.04. Alterations or Improvements, Morrison shall have the right, at its own expense, to make any alterations or improvements to the Leased Property, provided that the alterations or improve- ments are first approved in writing by the City, The City shall notify Morrison in writing of its approval or disapproval of pro- posed alterations or improvements within fifteen (15) days after the city receives a written request from Morrison which adequately describes or illustrates the alterations or improvements. If the city fails to notify Morrison within the fifteen (15) days, the proposed alterations shall be deemed approved. All alterations or improvements shall be performed in such a manner that no mechan- ic's, materialman's or other similar liens shall attach to the Leased Property. Except as expressly provided in this Lease, any alterations or improvements shall become a part of the Leased Property and shall belong to the City, without compensation to Morrison, at the expiration of this Lease or the termination of Morrison's right to possession of the Leased Property. 6.05. Dock and Loading Ramp Improvements. Morrison shall have the right to construct and install six new dock and loading , ramps to serve the Leased Property, four of which shall front upon Exposition Street and two which shall front upon East Oak Street, in place of the existing docks and loading ramps, in accordance with plans submitted by Morrison and approved by the City prior to construction. Upon the written request of Morrison, the City council may approve additional dock and loading ramp improvements for the Leased Property, but shall not be responsible for any part of the costs of the improvements. within improvements days oexpressly completion for t and in this section, the city shall pay Morrison Forty-five Thousand and No/1o0 Dollars ($45,000.00), as the City's share of the cost of the dock and loading ramp improvements. Upon completion, th dock and loading • ramp improvements shall become a part of the Leased Property and shall belong to the City, without additional compensation to Morrison, at the expiration of this Lease. The City shall relocate any electrical lines, poles, or equipment, at its own expense, if necessary to accommodate the dock and loading ramp improvements. 6,06. City Approval of Plans! Compliance with Laws. Any • • provision of this Lease providing for the City's approval or dis- PAGE 7 , O , 0 • ca e -11- approval of improvements or alterations to the Leased Prop~~~ applies to the City acting in the capacity of the landlord or owner of the Leased Property and shall not apply to the City's review, approval, or disapproval of any plans for improvements or alter- ations when acting in its capacity as a governmental entity administering and enforcing building codes or other laws or regula- tions. In making any alterations or improvements, Morrison shall comply with all Federal, State, and local laws, regulations, or ordinances, including the issuance of permits and the payment of r fees. 6.07. signs. Morrison shail not post any signs on the Leased Property without the approval of the City as landlord. Any signs approved by the City as landlord shall comply with the City's ordi- nance regulating signs. ARTICLE VII• TRUCK TRAFFIC AND PARKING. 7.01. Truck Parking on site. Morrison shall riot allow more thcn six motor vehicles to be parked on the Leased Property at any one ;ime and shall not allow more than twenty (20) motor vehicles to be located on the Leased Property within any one twenty-four (24) hour period, if the motor vehicles are regulated by the City's truck route ordinance. 7.02. Truck Routes. Morrison shall use its best efforts to insure that motor vehicles regulated by the City's truck route ordinance access the Leased Prol.~nrty along the public streets and r in the direction of travel as specified in Exhibit E and leave the Leased Property along the public streets and in the direction of travel specified in Exhibit F. Exhibits E and F are attached to and incorporated into this Lease by reference. Evidence of Morrison's best efforts at compliance with this article shall include, at a minimum but not be limited to, the covenants listed herein. Morrison shall have its employees who operate vehicles regulated by this article ac}.nowledge in writing that they have received instructions as to the specified routes to be followed for access and egress to the Leased Property as set forth herein. Morrison shall maintain a log at the Leased Property to track all truck traffic. Mo.rison shall also issue maps of t..e routing e instructions to I.ts employees and customers, Morrison agrees that if the City not fies Morrison that a driver, whether employed by Morrison or a customer of Morrison, should violate the provisions j of this article more than once, it shall ban that driver from j operating a vehicle on the Leased Property to make or receive 1 deliveries. i PAGE 8 • O • Q • r~ ~_D if the City determines that a violation of thi ection has occurred, it shall give Morrison written notice describing the details of the violation, If the City Council finds that three (3) or more additional violations of this section have occured within thirty (30) days after the date the city gives written notice to Morrison of a violation Jue to Morrison's failure to use its best efforts to prevent the violations, the City shall have the right to terminate this Lease by giving Morrison notice at least sixty days prior to the termination date. Prior to making a finding, the City shall afford Morrison the opportunity to present information or evidence concerning the violations. i ARTICLE VIII. INSURANCE AHD INDEMNITY 8.01. General Liability Insurent"e. Morrison shall during the duration of this Lease, at its sole cList and expense, keen in force general liability insurance naming Morrison and the City as an in- sured and covering the Leased Property and, during the time occu- pied and used by Morrison, the Temporary Use Property, for bodily injury and property damage in the minimum amount of $1,000,000, combined single limits on a par occurrence basis. All policies shall be issued by a company authorized to dr, business in the State of Texas, be approved by the city (which approval shall not be unreasonably withheld), copies of which shall be provided to the City. The policies shall name the City as an additional insured and shall provide for a minimu,.n of thirty (30) days written notice to the City prior to tKe effective date of any cancellation or lapse of the policies3. 8.02. Personal Property Insurance. Morrison shall also obtain and keep during this Lease, at its sole cost and expanse, insurance on its personal pi.)petty, to pay for losses by fire, storm, water damage, or other casualty. 8.03. Indemnity by Morrison. Morrison shall indemnify and hold the city harmless from all fines, suits, costs, and liability of every kind arising from: (a) Any violation or nonperformance by Morrison of any repre- • sentation or covenant conta.ned in this Lease which continues be,- yond any applicable cure period; and (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of Morrison or any of its agents, employees, or contractors. The indemnity set out in this section shall not apply to matters caused • in whole or in part by the City or am,ons acting for the City. • e PAGE 9 • Q s „fill 10 ( - ~J 9.04. Indemnity by the City. The City shall i)tnieitfnif d hold Morrison harmless from all fines, suits, costs, and liability of every kind arising from: (a) Any violation or nonperformance by the City of any repre- sentation or covenant contained in this Lease which continues beyond any applicable cure period; and (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of the city or any of its agents, employees, or contractors. The indem- nity set out in this section shall not apply to matters caused in whole or in part by Morrison or anyone acting for Morrison. 9.05. Waiver of Subrogation. The City and Morrison waive any rights they may have against the other because of any loss or dam- age occasioned to their respective property, the Leased Property, its contents or to any other portion of the Moore rjilding, arising from any risk which is covered by the current Texas State Board of Insurance promulgated form of property insurance and fire and ex- tended coverage insurance. The parties, on behalf of their respec- tive property insurance companies waive any rights they may have against the other or their respective employees, agents, or invi- tees and all rights of *heir respective insurance companies, based upon an assignment from their insureds. Each party agrees to give to each insurance company written notification of the terms of the mutual waivers contained in this section and to have the insurance policies properly endorsed, immediately after the effective date of this Lease. The foregoing waiver shall be effective whether or not the parties maintain insurance on their respective properties. 5.06. Notice of Claim. Morrison shall give written notice to the City within ten (10) days of the date Morrison receives notice of a claim for damages for bodily injury or property loss arising from some condition or use of the Leased Property or the Temporary Use Property by any person who is not an employee of Morrison. ARTICLE IX. TAXES 9.01. Taxes. Morrison shall pty before delinquency, any and all taxes, fees or other assessments levied, imposed or assessed against the Leased Property, Morrison's leasehold interest, equip- ment, furniture, fixtures and personal property, durii,g any Term of this Lease, 9.02. Reimbursement for Increase in Ad Vulore3a Real Property ® Taxes. Beginning with the tax year 1994, and for each tax year O O thereafter, the City shall reimburse Morrison fifty percent of any J PAGE 10 O O s ea • increase in ad valorem real property taxes assessed 7a ainsf the Leased Property if such tax increase results from ao increase in the appraised value of the real property by more than one hundred and three percent (1038) of its assessed value in 1993. This pro- vision shall not apply to any increase in real property taxes re- sulting from an increase in the appraised value of the real pro- perty subject to this Lease because of improvements or additions made to the Leased Property by Morrison after January 1, 1993. This provision applies only to real property taxes assessed by or on behalf of the City of Denton, Denton County, and the Denton County Independent School District and shall not include any new real property taxes levied, imposed or assessed by or on behalf of any other taxing entity or unit. The reimbursement tax payment shall be made within sixty days of the date Morrison submits to the City documentation that Morrison has paid ad valorem taxes for which reimbursement is due under this provision, except that if Morrison is delinquent in the payment of any rents, utilities, or other monies owed to the City under this Lease, the City may deduct that delinquent amount from the amount to be reimbursed to Morrison for ad valorem taxes under this paragraph. X. CANCELLATION BY THE CITY 10.01. Default by Morrison, if Morrison fails to comply with any of the terms of this Lease, the failure shall be considered a default and the City shall give Morrison written notice of the breach and request Morrison to correct the breach. Should Morrison fail to correct the breach within sixty (60) days following receipt of the notice, the City shall have the right to terminate this Lease by giving Morrison written notice of termination, This section shat) not apply to a breach of section 5.02 (Billing) or a violation of section 7.02 (Truck Routes). 10.01. Default by City. If the City fails to comply with any of the terms of this Lease, the failure shall be considered a default and Morrison shall give the City written notice of the breach and request the City to correct the breach, Should the City • fail to correct the breach within sixty (60) .:ays following receipt of the notice, Morrison shall have the right to terminate this Lease by giving the City written notice of termination. 10.03. Removal of Personal Property. Upon termination of this Lease, Morrison shall have the right to remove its trade fixtures and personal property if the removal does not cause damage to the • Leased Property. Morrison shall remove all personal property from ' • the Leased Property within ten (10) days after the termination and PAGE 11 • o • • should Morrison fail to sell so, the City may elect r~'Eailwosses- sion of the property or sell the same and keep the proceeds or have the property removed at the expense of Morrison. 10.04. Repairs. Where, upon termination of the Lease, the fixed improvements become the property of the City as provided herein, Morrison shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Leased Property in a neat and clean condition with all other improvements in place, ordinary wear and tear excepted. 10.05. No Waiver. Failure of the city to declare this Lease terminated upon the default of Morrison or the acceptance of rent- als by the City after default shall not waive the right of the City to cancel this Lease for a later default. XI. MISCELLANEOUS PROVISIONS 11.01. Entire Agreement. This Lease constitutes the entire understanding between the parties and supersedes all prior or inde- pendent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing and signed by both parties. 11.02. Subletting or Assignment. Morrison shall not rent or sublease the Leased Property or assign this Lease without the prior written consent of the City. 11.03. Lease Binding on successors and Assigns. All cove- nants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successors or assigns. 11.04. Severability. If any provision of this Lease shall be declared void or ilieg,', by any court or administrative agency having jurisdiction, the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. • 11.03. Notice. Ary notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage dnd reg- istration fees prepaid, as follows: PACE 12 • O • a> e If to the City, addressed to: If to Morriso ~d~d L to: City Manager The Morrison Milling Company City of Denton 319 E. Prairie 215 E. McKinney Denton, Texas 76201 Denton, Texas 3201 Notices shall be deemed to have been received on the date shown on the receipt, if sent by certified mail, or on the date received, if delivered by hand. 11.06. Headings. The headings used in this Lease are in- tended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. 11.07. Tolling of Time. Whenever a period of time is pre- scribed in this Lease for action to be taken, the party required to take the action will not be liable or responsible for, and there shall be excluded from the computation of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, Applicable Laws, or any other causes which are beyond the control of the party, excluding financial inability. N WITNESS w REOF, the parties have executed this Lease the day of 1992, CITY OF DENTON, TEXAS, THE CITY BY: LEBERRY, BOB CAST MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 1 • • THE MORRISON MILLING COMPANY aD BY: TITLE: Executive Vice-President • • eypda ~ \}9205.3 PAGE 14 ...-„•.,.,..-..,,.,,-r"-. . c . errs... • • • 1 t ~f I I , I , 1 W 1 I F I _ I A S 1 U Ad S I H I I I ~ I( I ~1 Ili) ~N I r ` i 1 Y 'iJ ~yl Sll. 1 l. N I e ~ ~ ~ I1i151'lllt'!I ( { o g , 1 "II ISId 11 ( tur,7 ( N'd?;, NO l s ft. F I `i sit. h t . 511946 Sol. ft. 7'Ota1 ^ 0 1 Bll~o4xQ E w uwx.n h1 e'r.z8it 1 Ile OA*k I0111 A N I Al ~~Ybl a 1 5 760 ft. ( 34 spaces) +Z~ - . _.T,.,- - . r - t A S I N G h 0 k Y S I H t t T r i A mw Apt • IH41fATfl5 ON-STkf.C'( PARtcIN4 SPA~s(rYPlUU.y Lensed Service PMKwO I Center If fll (Nut Included) ( 70 S11,14-cy) • <*I Ex HTBr7 SITE PLAN t 111 dg II 1 4 • o f 0 G3 • EXHIBIT „B.. OF4 ALL THAT CERTAIN TRACT OR PARCEL OF LAND fltuated cA~-~'te -Hit Si3CO Survey, Abstract ;lumber 1184, City of Denton, County of Denton, State of Texas; said tract being shown by deeds to Xoore 3usiness Forms, Inc., and recorded In Volume 325, Page 615, Vclu;re 325, Page 636, volume 324, Page 638, Volume 328, page 451, Volume 328, Page 448, and part of Volume 325, Page 639, of the Deed Records, of County of Denton, State of Texas, and being more fully described as followsr 3EGINNINCi for the southwest corner of the tract being described hore/n at a set 1/2 inch steel square t..binq at the southwest corner of said tract as recorded in Volume 325, Page 635, said tubing being at the inter- section of the east Right-of-Way line of Railroad Avenue (a 50 foot wide asphalt surfaced public road), and the north Right-of-Way line of East Hickory Street (an asphalt surfaced public streetlr PHENCEr NORTH, with the west line of said Moore Business Forme Tract, the east line of said Railroad Ave., a distance of 373,07 feet to a set 1/2 Inch steel square tubing for the north corner of said tract as recorded in Volume 328, Page 448, said tubing being northeast of and 8,50 feet from the center line of the Texas k Pacific Railway spur, said tubing also being at the start of a curve to the left whose radius is 458.37 feet, central angle of 32 degrees 08 mimite■ 14 seconds, and a chord bearing an& distance of South 62 degrees 13 minutes 30 seconds East, a distance of 253,74 feet! THENCEr with said curve to the Left, and being 8,50 feet north of paid canter line, an Arc length of 257,10 feet to a set 1/2 inch steel square tubing for the end of said curve, said tubing being the southeast corner of i tract. shown by deed to Wilson McKenny at al, and recorded in Volume 398, Page 635, of said Deed Records) THENCEr SOUTH A distance of 5.50 feet to a set 1/2 inch steel square tubing on the south line of said tract as recorded in Volume 325, Page 639, and the north line of said tract as recorded in Volume 325, Pago 636 of said Deed Records, skid tubing also being at an ell corner of East Oak Street (an asphalt surfaced public street), and Frame Street Ian asphalt surfaced public strest)t THENCEr SOUTR 86 degrees 59 minutes 44 seconds East, with the south Line of said East oak street, and the north r line of said Moore tract, a distance of 515.48 feet to a set 1/2 inch steel square tubing for the northeast corner of maid tract as recorded in volume 328, Page 451 of said Deed Records, said tubing also being at an ell corner of said East Oak Street and Exposition Streets THENCEi south 00 degrees Ol minute 21 seconds last, with the. east line of said Moore tract, and the west line of said Exposition Street, a distance of 240.00 feet to a set L/2 inch steel square tubing for the southeast • corner of said tract as recorded in Volume 328, Page 45L, said tubing also being on the north line of said East Hickory Strestt THENCEr South 89 degrees S8 minutes 39 seconds West, with the south line of said Moore tract, and the north line of said.east Hickory Street, a distance of 740,00 feet to the Point of Beginning and containing 4.443 acres of Land, more or less. • r~ • • I W l I A 5 1 O A A S I N t I I I~ 2 slur _ ( 19'11)) ry' ~ I " I ~ N I 11,'1411 a _ NI f sll. II.. I IJ H1rtg~Bldg 11ldg 1(;) o u' lid SElIIIVLIt (1853 (1961) ( lUb', ) ` lildJ;, li Illilg AO 11,000 10, 500 30,000 sll. f t 0 I ( lvr,1 ( 1'147) sq. ft. sq. ft Q S,Mi1 - a I A I I sl . f l . ~ 53,940 sy. f t. '1bta1 I , Bldg. E a nu1M~ a Mu~+ uwfun hie Z't a 111 IIB (1 961 ' (22 spaces tr 5 760 sQ, ft. - - L _ - - - - - - ~sJ t A 5 i II I G h O R Y S I R E t I I0401CAT£5 ON-S'fkLLT PARKING SPACLS 0 YPICAJ•1 I.eused Service Ceo ter ilV PMKwG ~ (Nut included) • (70 slulc L!S E, X M I Si'f it v A ~ Ili4 uli 1 ' Cry L'1 % fP ri pwlYl' I`. f 1 SITE PLAN ~A J, Y^ I Bldg. III t I 1tu+ll ltfl 1974 • cs • • I I W I t A S l 0 A A S I M It I I ~i . 2-slur s ( 1`/5ti ~I 1J, 940 " u syl f l l bldg C Bldg Hlrlg. l1) f (1959 (19b1 ( l9c,' ) Y Hl dl. N lil,lr'. Q 12 000 10,500 30,000 sy. ft I o I Q I (81832 i l 1114/ } sq, ft . sj.ft. 51,941) sq. jTO I ~ L/~IM1<.M 1'11LLi. 1111,1 ~ C YI s ~ X41 ~ T!J t t A S t II I K 0 R Y S l k t t t - tMt~IGATBS OM-STMEET ' PAItK1N4 SPACE.S(TYPIL/1~~ Iemied Service (Nu1 included) • ( TO 81)11 cla) YwY frH1SIT ~ ~ , M.IrI~ S . SITE PLAN t 0 Bldg. III (h:y d n.l 1'1141 • • t U.AW 4 J DAVI L • KfN1 ~ Q , ~ o MC KINNEY OAK OAK aAK M"E gM-j a° BLDQ HICKORY z • .HIV • W SYCAMORE BERRY r r-------7 E----~ f-------~ SYCA- ?s LEGEW ENTRANCE ROUTE , e & EXHIBIT C r t n •,I • e • UL AND Q flAVI 1 KENT V) ~W _J CU NC KINNEY ('I K U6K OAK ~ MOORE OG Q BLDG. L HICKORY z H R vi w All • c,v. _ BERRY S '4CA LEGEND tXIT ROUTE EXHiSIT, ~ • c~ b =CITY== --COUNCI, 1 o- sr s M + ~ o ° accncc° • o • w • No, 9' - ' A00dalte , CITY COUNCIL REPORT FORMAT Date TO: Mayor ar,d members of the City Council ar- (P FROM: Lloyd V. Harrell, City Manager SUBJECT: RECOMMENDATION: Repeal Section 28-63(b) SUMMARY ~ On Jan, 18, 1995 the Electrical Code Board approved a motion to delete Section 28-63(b) of the Code of Ordinances BACKGROUND. After approving a varience request to Sec, 28-63(b), the Board decided that this section was no longer needed and caused a undue hardship on electrical contractors resulting, in unnecessary higher installation cost PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electrical Contractors FISCAL [FIPACT; Less cost to install electrical wiring RES FULLY SUB I T oy reTIA4 City Manage: Prepa ed • ame a Nbtxc,.am~i-ne~r Title anApproved: Name • Title y CC a oy.1 • r 2633C/3uilding Official r 0 a • MMORANDQM y..J To: Frank Robbins, Executive Director of Planning From: Greg Mitchell, Plana Examiner Subject: Ordinance to repeal Sec. 28-63(b) Date: April 4, 1995 On January I8, 1995 the Electrical Code Board approved a motion to delete Section 28-63(b) of the Code of Ordinances, Section 28-63(b) requires that all interior wiring installed in other than single and multifamily dwellings be installed in metal raceways. The requirements for the use of metal raceways is a local amendment that was originally adopted in the early 1970'9. For years the City of Denton has had much more stringent regulations regarding interior wiring than The National Electrical Code. The National Electrical Code allows the use of wiring systems that are not in metal raceways in numerous types of construction and occupancies. The National Electrical Code states that interior wiring may be instilled in other than metal raceways provided the structure does not exceed three (3) floors in height, Is not a hazardous location, Is not a place of assembly, and is not In a structure required to be fire rated. if approved The Building Inspection Division would inspect wiring systems for compliance to The National Electrical Code without further regulations to the type of racewyy being used. New construction of, as well as remodels and additions to, offices, restaurants, and retail areas would be the primary benefactors to • this ordinance change. Section 28-63(b) is no longer needed and creates undue cost and regulations to business. Staff recommends approval of an ordinance repealing Section 28-63(b). Greer FI_ itche7~ 5 J i i • 0 , • - a~ • e:AwrnxsVoHn~ae-ei . IAO ORDINANCE NO, 3o-(o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS REPEALING SECTION 28-63(b) OF CHAPTER 28, ARTICLE III OF THE CODE OF ORDINANCES RELATING TO THE REQUIRED USE OF METAL RACEWAYS FOR INTERIOR ELECTRICAL WORK IN CERTAIN TYPES OF STRUCTURES; PROVIDING THAT SECTION 28-61 OF CHAPTER 28, ARTICLE III OF THE CODE OF ORDINANCES ADOPTING THE NATIONAL ELECTRIC COVE SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Electrical Code Board has passed a motion that Section 28-63(b) of the Code of Ordinances be repealed to eliminate the requirement that all interior work shall be in metal raceways unless required by the National Electric Code; NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION r. That Section 28-63(b) of the Code of Ordinances is hereby repealed. SECTION II That Section 28-61 of the Code of Ordinances adopting the National Electric Code, 1993 Edition, shall remain in full force and effect, and any requirement for the use of metal raceways by the National Electric Code, as adopted, shall remain in full force and effect. SECTION III That the provisions of this ordinance govern and control over any conflicting provision of Section 28-63 of the Code of ordinances, but all other provisions of Section 28-63 of the code of Ordinances not herein repealed shall continue in full force and effect. SE ION III That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of w- 1995, 9 • BOB CASTLEBERRY, MAYOR , ' ~ • w • ATTEST: JENNIFER WALTERS, CITY SECRETARY l BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTOt BY: , 3 • Page 2 • CJ • ELECTRICAL CODE BOARD JANUARY 18, 1995 MINUTES i Members Present: John Hardinger, Acting Chair; Stuart Cawthon; Fred Reed; Terry Schertz; Greg Mitchell, Building Inspection Staff Members Absents Trenton Williams, Chair; Robert Hicks; and Don Fox Meeting was called to order at 3:U7 by John Hardinger. Item I Approve minutes of December 27, 1994. Motion by Cawthon to approve the minutes of the December 27, 1994 meeting as written. Seconded by Schertz. Motion carried unanimously. Item II Consideration of Admending and or Deleting Sec. 28-63(B) of the City of Denton Code of ordinances. Hardinger asked Mitchell if he was able to determine why the amendment. was installed. Mitchell replied that the Electrical Code Board had installed the amendment back in 1971 and it had always been left in the ordinance even when new electrical code books were adopted. Schertz asked Mitchell what kind of impact this would have on builders as well as Electrical Contractors. Mitchell replied that currently Romex (non•metalic sheathed cable) was not allowed in any non-residential, use or any residential use exceeding three floors above grade. Whereas the National Electical Cade permitted Romex in any structure not exceeding three floors above grade except hazardous locations, theaters and places of assembly. The major impact would be that electricians could now • wire a office type use with Romex where in the past they had to use • a metal covered raceway wiring system. Schertz: Would this wiring create any undo hazard such as shorting out or be a fire hazard? i 1 • Mitchell: The National Electieal Code allows it so_L to be a safe wiring system and I have not heard of any proems resulting from the use of Romex in non-residential type uses V' Hardinger stated that non-metalic sheathed cable could not be used in any building required to be fire-rated nor in any hazardous location, He said he saw no reason why the City of Denton should continue to require wiring be done in metal raceways when the National Electrical Code allowed the use of Romex in non- residential uses. Reed agreed and said he would support the deletion of the amendment to the National Electrical Code, Motion by Cawthon to delete Sec. 28-63(B) of The City of Denton Code of Ordinances. Seconded by Reed. Motion carried - unanimously. Item III New Business Hardinger asked if there was any new business. There was none. Motion by Schertz to adjourn. Seconded by Reed. Carried unanimously. Meeting adjourned 3:58 p.m. • ll rr ~ , S' 6 }7~'r aISYS{~~ -~1'F.1. . , r • • M ♦1 rTY OUNCIL f • a • w • r ACMNa, Agen DatedaH iC) CLA CITY of DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 $ TELEPHONE (817) 566.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM., Lloyd V. Harrell, city manager DATE: April 7, 1995 SUBJECT: Ordinance Authorizing The City Manager To Submit An Application For And Accept Receipt. Of Section 9 Funding For Public Transportation In Denton RECOMMENDATION: Staff recommends the approval of this ordinance. BACKGROUND: Upon approval by the City Council, this ordinance would authorize the City Manager to submit an application for and accept receipt of Section 9 Funding for public transportation in Denton. The funds are allocated by the Federal Transportation Aeministration (FTA), U. S. Department of Transportation, and will be applied to the FY 195-96. Based on the proposed section 9 funding request, SPAN would continue to operate demand-response service and five fixed routes for public transportation. Staff recommends that the City submit a Section 9 grant application for the maximum federal contribution of $442,552, including $40,800 for planning, $166,752 for capital, and $215,000 for operations. By comparison, the City applied for and received $422,189 for the FY 194-95 grant year. O Capital items include funding for lift-equipped vehicles and replacement signs for the transit system routes. Also included in this grant application are $5,3,52 in congestion Mitigation Air Quality (CMAQ) funds for the Ozone Alert Program. This is the reduced fare (25 cunt) program for public transportation on ozone Alert days. The matching portions of the grant are required in the following • ~ • I proportions: " Dedicared to Qimf o' Semice" • p • Federal State - Citl.S (~,1 ~~11 y Planning 80% 13% O F4 7$ Capital 80$ 13% 7$ Operating 50$ 25$ 25% MGRAMS DEPARTMENTS OR GROUPC 2pccnmE~ ADA-eligible persons, public transportation riders, SPAN and City Staff. FISQAL IMPACT: The City of Denton's local match foi the FY 195-96 grant yaar equates to $129,598. Based on the budgeted amount of $82,625 from the general fund and $11,560 in local contributions, Staff's in- kind contribution is approximately $35,413 and will be used to reduce the general fund obligation. By comparison, our total local match for FY 194-95 was $129,669. Please advise if I can provide additional information. I RESPECTFULLY SUBMITTED, 'J I v f 1 y V. Harrell City Manager Prepared by; I ~Assistan eph ortugal tto the City anage r • Attachment: 1. Draft Ordinance • • 6a • Ei\WPDOCS\CAD\MASS.O ORDINANCE NO. AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportatio_z is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, such as the City of Denton, including an obligation to provide the local share of the project costs in the program; and WHEREAS, the U.S. Department of Transportation requires, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder; and WHEREAS, it '.s the goal, of the applicant that minority business enterprises be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that minority '>usinesses shall have maximum construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I_ That the City Manager is authorized to execute and file an application on behalf of the City of Denton, Texas, with the U.S. Department of Transportation to aid in the financing of planning, capital and operating assistance projects pursuant to Section 9 of the Urban Maas Transportation Act of 1964, as amended, SECTION II. That the City Manager is authorized to execute • and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964, SECTION III, That the City Manager or his designee is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the ® application for the program of projects and budget. • • O e e SECTION IV, That the City Manager is authorized to xncute grant agreements on behalf of the City of Denton, Texas with the U.S. Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects art budget, ~ESTS4H__Y~ That this ordinance shall become effective immediately upon its passage and approval, PASSED ANU APPROVED this the day of ]995. BOB CASTLEBERRY, MAYOR A'T'TEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY. e Page 2 1r1,.a./~' .~r.c m r jet ~CITY~ - - ~5 --COUNCI ljoj r{ t~ A ~ s i r 4 i . J t w • Ag~ndal CITY of DEMN, TBXAs MUNICIPAL BUILDING /DEN To N, TEXAS 78:01 / TELEPHONE (817} 88889pg 0111ce of the Clfy Sscrefery MEMORANDUM DATE: April 6, 1995 TO: Mayor and Members Of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Amendment No. 3 to DISD Election Contract The DISD has decided to add an additional voting location in Corinth for their Trustee election in May in order to accommodate voters in the southern portion of their district. This location would be for voters residing in County precincts 108, 118, 301, 303, 319, and 414 who live outside the Denton city limits but within the DISD district. Voters residing in the above County precincts who are within the Denton city limits will still vote at Denia Recreation Center. Please let me know if you require any further information. c J nn fer a ters C t Secr ry • i i J :1~S\ORDWIENOS.ORO law qr, ORDINANCE NO, t AN ORDINANCE APPROVING AMENDMENT N0. 3 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT RELATING TO HOLDING THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES1 AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, Amendment No. 3 to an Agreement executed on January 17, 1909 between the City of Denton and the Denton Independent School District relating to holding their elections jointly in the election districts that can be served by common pulling places under the terms and conditions being contained in said Agreement, which is attached hereto and made a part hereof. SECTION IZ. That Ordinance No. 94-073 is hereby repealed. S. TION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of __0 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY i By. y.: • p • I.. .iI I AMENDMENT NO. 3 TO AGREEMENT BETWEEN. T ~I ,1 5 CITY OF DENTON, TEXAS AND DENTON INDEPENDENT SCHOOL DISTRICT 3U~ WHEREAS, on January 17, 1989, the City of Denton, "Owner," and the Denton Independent School District, "DISD," entered into an agreement, the "Agreement," to hold their elections jointly in the election districts that can be served by common polling places; and WHEREAS, DISD has entered into an agreement to hold elections jointly with the City of Corinth and such agreement has necessitated an additional amendment to Article I of the Agreement and the repeal of Amendment No. 2; NOW THEREFORE, WITNESSI, TII: Article 1. The Parties agree to hold their elections jointly in the election precincts [hat can be served by common polling places. Early voting shall be conducted for both entities by City officials at the Denton City flail, 215 East McKinney, Denton, Texas. The Election Districts and their respective polling places shall be as follows; A. District One shall include the following County election precincts and those voters residing within the following listed precincts shall vote at the Martin Luther King, Jr, Recreation Center, 1329 Morse Street, Denton, Texas: 1. Ali of precinct 421; 2. Thal portion of precinct 1 I 1 lying north of Interstate Highway 35E; 3. That portion of precinc; 406 lying east of Avenue E and north of Eagle Drive; 4, That portion of precinct 410 lying north of Eagle Drive and east of Bernard Street; 5. That portion of precinct 418 lying north and west of Audra Lane and east and south of Mingo Road; 6. That portion of precincts 416 and 424 lying within the City of Denton, B. District Two shall include the following County election precincts and those voters residing within the following listed precincts shall vote at Fire Station No. 4, 2110 • Sherman Drive, Denton, Texas: 1, All of precincts 106, 116, 407 and 426; 2. That portion of precincts 102, 104, 10-1, 115, 417, and 419 lying within the City of Denton; • 0 • • uu icy;~, C. District Three shall including the following County election pr voters residing with the following listed precincts shall vote at the North Lakes Recreation Center, 2001 W. Windsor, Denton, Texas: L~ C)~.J 1. All of precincts 404, 405, 408, 409, and 420; S 2. That portion of precincts 402, 403, and 423 lying within the City of Denton; 3. That portion of precinct 418 lying north of Mingo Road. D. District Four shall include the following County election precincts and those voters residing within the following listed precincts shall vote a! the Denia Park Recrention Center, 1001 Parvin, Denton, Texas: 1. That portion of precincts 103, 108, 301, 412, 414, and 415 within the City of Denton; 2. That portion of precinct I I 1 tying south of Interstate Ilighway 351' and within the City or Denton; 3. That portion of precinct 406 lying west of Avenue L and south of Eagle Drive; 4, That portion of precinct 410 lying south of Eagle Drive and west of Bernard Street; 5. That portion of precinct 118 north o1' Shady Shore Road within the City of Denton. I District 5 shall include the following County election precincts and those voters residing within the following listed precincts shall vote at the Corinth City Hall, 2003 South Corinth Street, Corinth, 'T'exas, 76205, pursuant to a Joint Election Agreement between DISD and the City of Corinth: 1. That portion of precincts 118 and 108 lying within DISD, City of Corinth, and/or City of Shady Shores. Precincts 118 and 108 within the city limits of the City of Denton will continue to vote at the Denia Park Recreation Center (i.e., District 4). 2, Those portions of precincts 300, 301, 303, 319, and 414 that are located within the boundaries of DISD. I'. The voting precincts located within the boundaries of the Denton Independent School District and not within the city limits and their respective polling places, or otherwise • designated in the aforementioned paragraphs A-D, are hereby designated as follows; 1. Precincts 103, 108, 111, 118, 412, 415, 416 and 424-Denia Recreation Center 2. Precincts 101, 102, 104, 105, 115, 402, 403, 417, 419 and 423-Fire Station No. 4, Sherman Drive. 2 A e • - a. • " b~nan ,II0. . Article II, In all other respects, the terms and conditions of the Agreement, as executed by the parties on the 17th day of January, 1989 remain in full force and effect. JC u~-J Executed this day of _ 1995, CITY OF DENTON, TEXAS Ay: Bob Castleberry, Mayor A'fl'EST: JENNIFER WALTERS, CITY SECRETARY Ey:__ APPROVLD AS TO LEGAL FORM: j Ity Attorne DENTON INDEPENDENT SCHOOi. DISTRICT • By: Title:_ D I SI I. PI1 LI.INOt. S TV 3 • • ' v . t'( ",r~ 0 D XITY = = CQUNCI er ar o : o v 4 Ef • y ~ ~ N ~ ~ ~~C~ ~ ~ o O i w • Hi WDoCS\oaD\TA=.ovp i AP%alt Date 1 G ~'4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS RATIFYING THE ACTION OF THE CITY MANAGER IN EXECUTING A TAKEOVER AGREEMENT BETWEEN THE CITY OF DENTON AND INTERNATIONAL FIDELITY INSURANCE COMPANY RELATING TO COMPLETION OF THE CONSTRUCTION OF THE BRANCH LIBRARY AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIOU I, That the action of the City Manager in executing a Takeover Agreement between the City of Denton and International Fidelity Insurance Company relating to completion of the con- struction of the branch library on the day of April, 1995 is hereby ratified. SFQ'ION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY ' r BY: APPROVED AS TO LEGAL FORM: • MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: i a a: • cp • APR-04-1955 15:50 FRa l HER I N Al I CGNSLA-T 1 NG GROUP TO 16173@2793 P, 03 y (7 r -44 ~„aoas~ ~eRSSKans ti This Aaresmznt entered into as of this day of April. 1995 by and between the City of Denton, Texan (hereinafter *the City4)r i11 T; ir)!RElf1?I09AI, lrVZXT" IagURANCi ooMp vy, a corporation of the State of New Carney having its principal Place of buelneaa located at one Newark Canter, 20th Ploor, rewark, New Jersey 07102 (`lerainwEtor "the Surety"). wzTM_Ma8B2,i w9iRRA8, m.x. Construction Company (hereinafter •x.tc."I entered into a certain contract (hereinafter "the contract`) with the city dated Yebruary 1, 1994 whioh provided for the ronstruction of. Denton Branch i,ibrary, bid #1592, including Alternates 4, 7A, 75, 9, and 10, in accordance with drawings and Apecificat_ions prepared by aidell Architacts; and 1i8RRMAA, the S rety furnished its performance end Payment Ponds No,915089-94, each in the penal sum of $820,500 (the 'bonds"); and waxRxAS, x.x. has failed and refused to comply with all material terms and conditions of the contracts and wahRUS, on January 30, 1995, thv City declared M.R. to be in default and subseaueflr.iy gave notice of name to the Surety and !Tads demand upon the Surety to complete the contract in accordanoe with the bonds; and • W=LRA9, the surety has adviseA the City that it Luteada to retain various subcontractors of M.K. to complete the contract In aeaordanre with its obligations under the bonds; and 1HRMS, the Surety has advised the city that it Lntenda to utilize a full time site representative who has no former @ association with M.K. in completing the contract. The Surety 8190 • int*nda to utilize Syd Alvehi, ONVIOYee of M.K., as an infor"tion reAource who will visit the project sit* from time to G11Ae as needed, as well as Mac Koshtloodl, owner o° H.K., as an • O • Q3 • APR-06-1995 15!51 FRO?1 MERIOIR4 CONSULTIMO GROI.p 70 18173827923 P.04 inforMAtlon reseuroa who will be, allowed four (4) jobsits visits upon twenty-four (241 hours prior notice to the city. Should 11r. j xoshn6odi be needed pore than four (1) tiaea at the proje0t sits. all suboequent visits will require a twenty-tour t24) hour notice and written permission from the City) and w6riltsaa, the City has advised the Surety that it does not object to the Surety retaining various subcontrac,;ors of K.K. to complete the contracts and WMRRsAB, the parties wish to c'srify their rights and responsibilities pursuant to the completion of the contract in accordance with the original, terms and conditions thereof. 11011 TRiASr0R2, in consideration of the mutual promises wads 9 by the parties hereinafter contained, thy parties do hereby ogres as follows: 1. camnlati~ ar CantrAGL• The Surety aged hereby agree to complete the contract work in accordance with the original contractual specifications. The parties hereby bores that such work consists substantially of but it no~l necessarily limited to the item set forth in the ettaahed Exhibit A, which is hereby made a part hereof. r 2, paymgnnL of roe rant pro -aado to the-SU&ML261 The city agrees to pvy to the surety the entire outatandlnp unpaid balance of the contract price, in accordenoe with the tom and oonditions of the contract, which the parties do hereby spree consists of $264,223. (a) rhis Agreement shall waive and roieaae the City's right to 1%quidated damages, if any, as against Surety and K.K. for any and all delays in the completion of the contract work incurred up to and including one hundred tan (110) calendar days from the e execution of thie Agra6mant. The city also waives and releases any liquidated or other damagee for delay against Surety in011rred • after t -.e newly established completion date (110 Calendar days from the execution of this Agreement) which are caused by the city and/or its architect or other representatives of the City, The Surety agrees to reimburse the City for the following items: it • c1 • to I ~ APR-06-1995 15:51 FROM MERIDIW CONSULTING GROUP TO 18173827923 P.05 security fence erected around the I project site is the aAOUat of $I,S14.70, 2) Material used to klela moisture out of the building in the amount of $632.20, 3) storage lees for the wordan library furniture at a maximum limit of $1,742.28 per month beginning march 1U, 1995, turd the x.0. industries steal library shelving at a flat rate of $1,150.00 for the first month beginninq ]larch 3, 1995 and a maximum limit of $910.91 per month thereafter (a copy of the basls for the maximum limits to be chaxQed ie included as Exhibit 8), and i) Additional architectural fees incurred solely as a result of the termination of x.K., not to exceed the amount of $10,000 t~ain_nLng January 31, 1995. Said architao+ural fees will be for the time spent by Hidell.Architects outside the scope of its original contrdet with the City. (b) The Surety must be provided with support documentation (invoices) for the first three (3) items above. Although item 3 above indigatOG the maximum limits for atorsge cast, attempts are be.ing made by surety's consul.ant to reduce the cost tar storage. y such aavings will inure solely to the benefit at Surety. The fourth item, architectural fees, must be eupported with timesheets and descriptions of work along with support for any reimbursable expenses, i.e., transportatien expense to and from project site; long distance communications, postage expense; AW expense of reproductions of drawings, specifiestions and other documents. (c) The Surety sha11 not be paid any smunt in excess of its tote) expenditurda neceaasrily made in completing the work and discharging its liabilities under its payment bond. (d) The Surety agrees to inda=ify and hold the City harmless from any claims made by N,K. arising out of payments made by the city to the Surety of are funds which may become due as a result of the completion of the contract. ® 3, iab Xatvor sure . The parties acknowledge that the • • Surety's Covenante and obligations of performance under this Aqreement are beirq made pursuant to its obligations under its bonds and all payments by surety for labor or material or for performsncs of the contract are in performance of Sursty,s 3 Q;' 0 w r j obligations under such bonds and are to be credited agaligr . penalty of such bonds, leas credits for rereipt of contraotC} proceeds from the City. Kothinq contained in this Agreement 04115 waive, limit, alter or amend any of Surety's rights, dat*nsav or ' liabilities under such performance and payment bonds nor the rights, defenses or liability of its principal, N.Y,, i d, Ko XMjXj5r e5-t Penal suin, The City agrees that the V f surety. by execution of this Takeover Apreanant doeu not in any way waive the penal limits of tbA bonds and that in the event it becomes necessary for the surety to expand its own funds under its bonds, it shall not be obligated to eupaad funds in excess of the F penal limits of the bonds. 51 UQ, Third-Party B= ;riar*es._ The parties do not intend by any provision of this Agreement to create any third-party beneficiaries nor to confer zany benefit upom or enforceable rights under it or otherwise upon anyone other than the parties.i specifically, the parties acknowledge that nothing in thin Agreement shall extend or increase the rights of any claimant . under the above-mentioned bonds. 6, px=yeal Pw.mc. hpplications for monthly proaress payments will be processed in accordance with the procedurva gat forth in the contract modified as followst (1) the City,a Architect, Hide11 Architects (hereinafter referred to me 'Architect'), will confer at the and of each month with Oary Bierhalter of Meridian Consulting Group ;hereinafter •Conraltent") for the purpose of agreeing upon the percentages of the work required under the contract, as modified by this Takeover Agreement, which was completed during that month; (2) thereupm, Consultant will prepare and send to the Architsct on behalf of the surety a certified Application for payment, in the form required { by the contract, which will incorporate and spoly the percentages of work coa%pletod as agreed upon by the Architect and Consultant; t (3) within seven (7) days after the receipt of the certified Application for Payment, the Architect sha11 eithse (a) issue and 4 {'r t~'.A,Tq x, qDl XO • 0 • • APR-0E-1V95 15,52 FROM MERIDIAN CONSULTING OR" TO 19173627923 P.07 110) P-45n~a-4 J send to the City his approval and Certificate of Payment to the ronsu]tant, or (b) shall not-fy the City and the Consultant in ; writing of the Architects reasons for withholding such approval i and oertiflcetloni and (4) the City will make payment to the j Surety Of the amov.it approved by the Architect in the Certifioation of Payeent within thirty (301 days after receipt by the Architect from the consultant of the certified Application for PeyAariC. 7. AdMiniatratien. The City will administer the various subcontraotora of M.R. and others that may ba designated by the Surety to complete portions of work.on the same basis and to the same extent as the City was required, by tbo contract, to administer the contract with K. J<. a. AiLt.~horijed Sitl a -r, i 4s b[i gay=Y ~AnO11 nay t~~fy"N.~ The surety hereby designates and authorizes the following persons to sign on its bahalf any payment r*2uisition or other document required or to be requested by the City in connaotion with this Takeover Aprsoment or the contrautl Gary Bierhaltra 9. Permit FQaa, Conatructiod permit fees have been waived for this projeott should payment of fees be required, the city agrera to oaks payment of such fees, +ec 10. &t• .~-1r_~„~ Bt~n ,CL'3i+lintl,. The vili make • av411 able to f7oncultant in copy of all, approved submittals and shop drawings. III &u>5cantractor of a.raty For purposes of this • Agreement, the various subcontraetcre of x.K, shall be considered • subcontractors of the Surety. The surety reserves the right to replace any subcontractor at its ante option and discretion and. a subjoct to the approval of the city, wblch approvel shall not be unreasonably withheld. All approvals required herein aball be confirmed in writing. a • 14 lZ. Up ,gaMWt by City tt1nhn,tir A„raty n ..n The city further agrees that it will not acknowledge or honor say claimr Or charges against the contract funds by any creditors or traswferees of or ach+ other parties making claim to any such proceeds or balances without the prior written consent of surety or by order of a court of competent 3urisdioeiorn after due ootive to surety. Surety will indtmLify and hold City harmless with respect to any loss, eiaim, liability or expense, including reasonable attorneys' fees, arising from or related to the City's coupl.iance witli this parAgraphe up to the amount paid )a' the City to Surety hereunder, 33. BuGnlrsers and ssiong. Tilis JWreenent shall extend to And bind the partiea and their oucdesoore and assigns. 1e. savarabiiiev. The unonforceability of any provision of this AW"rAnt shall not affect the validity or enforceatulity of any other provision hereof. 15. Preamble, The Preamble to this Agreement is incorporated herein as part of the terms anal provisions of this hareensmt. a~rrsaxn czslr flz+ > By BY; • ATTEST : zumsl{7u►exol[aA iiDiKT M IssMA Ca eOYPAxY v.cB Pft2iOIDUT 6 . • • APR-06-1995 15154 FRW MERIDIAN CONSULTING GROUP TO 18173827923 P,09 rXHIdTT A j The project has been approved by the Architect to be approximately 714 'complete. The work that remains consists of the followings The building's roof is in its final stayos of being completed at this time. The roofing trim work remains to be installed. The brick masonry lacks some punch list work and cleaning. A small amount of rough-in work for the electrical and mechanical remains. All of the major places of electrical equipment are on sits, but none have been installed by the electrical subcontractor. There does remain a substantial amount of plumbing (installation of fixtures) and BVAC work (installation of grilles and registers, installation of hoods and fans, completing condensation lines, minor duct work, start up, cleaning and testing and balancing). The bulk of the remaining ►:ork to complete consists of all the finish work inside the building (i.e., wood doors and frames, aluminum entrances slid fronts, installation of hardware, drywall and ceiling tile, installation of all flooring, painting, chalkboards and tackboards, toilat partitions and accessories, and installation of signs, lookers, and all Special equipment). In addition, there remain the landsoapinq and all the concrete paving of the parking lot and sidewalks, The following list rf deficienoiea compiled by the City of Denton are included as work remaining: 1. Dross the perimeter footings to be aesthetically acceptable. 3. Thru-wail flashing at upper windows needs corrective work. 9. Expansion joint at fN corner of building needs to be provided. 4. Slope of drain plumbing in restrooms needs to be corrected, 5. Roof drain in SW corner must be corrected eo there will be no interference with drywall. 6. All rain damaged drywall and insulation will be replaced. The following items will be checked for conformance to • specifications$ Condensing lines, HVAC freon lines, HVAC ailing sprinkler system, roof overflow drains, slab elevation for north windows, door freas at 9w corner and plumbing clean outs, • • o ; l • A • p • r !M•i', VCOIi IICIWg1•CUL7I.MkMrlMa+rOWai rM:Ieklwua VON .h/iN•1»il:Mlw•d: D1rMnhMel•e•y !MINI MY•li••y,MYM ri,IMI /,R.a IM EXHIBIT "B" Y Cultural Surroundings Facsimile Shestt ~ Q STORAGE FEES FOR THE WORDEN LIBRARY FURNITURE 90F4 • Storage tea are assessed at 1.314% per month • Storage cost are accrued from the ship date for the fumlture which Is 310.95 DESCRIPTION TOTAL UNIT COST INTEREST MONTHLY STORAGE FEE PER MONTH WORDEN 99,559.00 1.314% 1,741281monlh STORAGE FEES FOR THE W INDUSTRIES STEEL LIBRARY SHELVING • Storage fee for Ant month Maude shlpping to warehouse, unloading and reloading of shsMng • Stwor fees are assessed at 1.314% per nwMh for wary additionel month • Storage o.t iom wxruad from the ship date for the shelving which is 3.3.95 DESCRIPTION TOTAL UNIT COST INTEREST % MONTHLY STORAGE PER MONTH FEE FIRST MONTH FLAT RATE 1,150,00 MJ INDUSTRIES 29,195.00 1.314% 510.911wh additional month Please advise me as soon as possible are ship date for the furnRure and shelving. I will need several weeks lead time to arranged trucks for shipment of the goods. i 11 I • I jo . f7 GITY~ . COUNCI c of o♦ A+ r a c • • a Apodalt 08te- -11, *xtelll \ 6) - CITY of DENTON, TEXAS MUNICIPAL BUILDING # DENTON, TEXAS 76201 • TELEPHONE(817) 5668307 Office of the City Menages MEMORANDUM DATE: April 6, 1995 TO: Mayor and Members of the city Council FROM: Rick Svehla, Deputy City Manager SUBJECT: Paving of Shady Shores Road Council was briefed on this Denton County reque6t at its meeting of March 21, 1995. The County is requesting $25,000 from the City to participate in the paving of Shady Shores Road. Staff feels this is a worthwhile project and recommends approval of the interlocal agreement. If you have any further questions, please let me know. i i Rick S la Deputy City Manager O ~ A "Dedicated to Quality Service" _.._.....-..__......__'•_-_t.._.. • .war r..w..rrrtar'w..~a n~... _ !1~ `f ' ~ f',tii y IX~ • • Ji\NVD0CS\000\9KM9N01.REE "T. 1.1..:.....-1 2, G ~Co ORDINANCE NO. A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLO:AL AGREEMENT WITH THE COUNTY OF DENTON FOR THE RECONSTRUCTION OF WEST SHADY SHORES ROAD; AUTHORIZING THE EXPENDITURES OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIYS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the County of Denton for the reconstruction of West Shady Shores Road, a copy of which is attached hereto and incorporated hereir by reference. SECTION Ii. That the expenditure of funds as provided in agreement is hereby authorized. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPRO"ED this the _ day of , 1995. BOB CASTLEBERRY, MAYOR V . ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A 1 APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEKO ACTING CITY ATTORNEY Y ~ • rTa • ITIE STATE OF TEXAS COUNTY OF DENTON J~ CITY/COUNTY IM'ERLOCAL AGREEMENT WHEREAS, the County of Denton, Texas, hereinafter called "County" and the City of Denton, Texas, hereinafter called "City", want to enter into an agreement for the r `cnstruction of West Shady Shores Road, herein called road project. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; , and WHEREAS, the County Road and Bridge Act, Article 6702.1 Vernons Annotated Civil Statutes provides; (a) The Commissioners Court of a county may expend county funds to finance the construction, improvement, maintenance, or repair of a street or alley located in the county within the limits of an incorporated city or town if the work on the street or alley is done with the ;onsent and approval of the goveming body of the city or town, I (b) The authority of the county to finance the construction, improvement, maintenance, or repair of the street or alley includes the authority to provide any necessary w roadbed preparation or material, paving or other hard cov-ring of the street or alley, curbing or guttering, or bridges or drainage facilities. (c) 'The construction, improvement, maintenance, or repair may be done or 9 financed; • • i (1) by the county through the use of county equipment; provided, however, • I ca • f that a county acting under [his subsection may not expend bond itlnt~'for construction of new roads within the incorporated limits of a ci ~ FaJ unless such construction is specifically authorized in the election approving the issuance of such bonds regardless of the source of the funds used to acquire that equipment; (2) by an independent contractor with whom the county has contracted or by the county as an independent contractor with the city; or (3) by the city or town, with the city or town to be reimbursed by the county. NOW, ,IEREFORE, THIS AGREEMENT is hereby made and entered into by County and City upon and for the mutual consideration stated herein: WITNESSEIR I, The term of this Agreement is twelve months beginning on the date of execution of this agreement. II. City hereby requests the assistance of County in reconstructing the road project, West Shady Shores Road. City further requests County to secure a contract for the reconstruction of West Shady Shores Road. • III. City agrees to provide County funding towards the reconstruction of West Shady Shores Rc,d in the amount of'I\venty-five Thousand ($25,000.40) dollars, due and payable • on the date of execution of this agreement. City shall make said payment from its current • t' revenues. • A • 0 r City agrees to allow County to reconstruct the project within the City'04# 21tts. V. County agrees to secure a contract for the reconstruction of West Shady Shores Road. V. County agrees to appropriate funds to this project in an amount not to exceed Three hundred thousand ($300,000.00) dollars to: the complete project, County shalt make payment for the reconstruction of the road project from its current revenues. Executed this day of 1995, by the County of Denton pursuant to the Commissioners Court Order # and by the City of Denton, pursuant to the City Council Resolution passed _ DENTON COUN'T'Y, TEXAS CITY By'- By: Jcff Moseley, County Judge Mayor ATTEST: ATTEST: By; _ By: Deputy, County Clerk City Secretary APPROVED AS TO FORM: APPROVED AS-TO F-(1 1: • • e By: B Assistant District Attorney Crn'ey 0 AUDITOR'S CERTIFICATE I hereby certify that funds are available in th,- amount of $ to accomplish and pay the obligation of Denton County under this contract. County Auditor , t , • a i ` THl~H.. ♦ 1 i ~~at ♦T } 1 V .4 i ♦ '-fir ti. ilt......... COUNCII r Li 2 k ~ O v s q~ a • o • as • ~gendafVo. -n A90odaft9 ~ _ April 11, 1995 ~U CITY COUNCIL, AGENDA ITEM TO: MAYOR AND MEMBERS OF TIIF; CITY COUNCIL FROM: Lloyd V. Harrell, City ?onager SUBJECT: CONSIDER APPROVAI. OF A RIGIIT-OF-ENTRY FOR CONSTRUCTION WPFH THE CORPS OF ENGINEERS , FOR THE LAKE RAY ROBERT' WATER TREATMENT PLANT PROPERTY. f RECD 1MMENDATION The Public Utility Board, at their meeting of February 20, 1995, recommended approval of the Right-of-Entry for cw3fruction. (Exhibit 1) SUMMARY, The Corps of Engineers is constructing an Improved channel across the Lake Ray Roberts Water Treatment Plant Property to carry seep water that Is collected from the face dam to the main channel, This water currently flows across the Water Treatment Plant property leaving a large 9rea by the future entrance constantly wet. The new channel will concentrate the flow leaving more of the City's property dry. The only conflict that the City has with the chanml fa a proposed culvert for the future water treatment plant road. The Corps of F,ngineers is agreeable to installing the culvert when the channel is built so that the City does not have to disturb the channel during the constr+;ctlon of the water treatment plant. The Corps will be responsible for maintenance of the channel. The Corps will also be bringing an easement document for the City to execute ,7 the future PRQG~t~M/DEPARIMFNT QBCQUPS AFFF.C'1' : Citizens of Denton, City of Denton Water Utilities. m I • Page 2 14I~I FISCAL IMPACT: The estimated cost of the drainage improvement project Is 5665,000, The project cost would be shared between the Cities of Dallas and Denton and the Army Corps of Engineers. Denton's share of the costs Is anticipated to be 13% or 5116450, This amount will be paid for up front by the Corps and Denton's annual cost over 50 years at 7.21% interest which will be approximately S6,400/per year, Respect( y submitted, Lloy V. arreil, City Manager Approved by: R,E, Nelson, Executive Director Department of Utllltits Piepared by: floward Martin, Director of Environmental Operations Exhibit f: Right of Entry Agreement • 11: Project Layout III: PUB Minutes Excerpt of 2/20/95 ea • \1 DEPARTMENT OF THE ARMY %tA FORT WORTH DISTRICT. CORPS OF ENGINEERS P.0 BOX 17300 FORT WORTH, TEXAS 76102.0300 REVIV TO "IF "'O" Of February 15, 1995 ~L Real Estate Division d 7 SUBJECT: Seepage and Drainage Control Project, Ray Roberts Lake Mr. Howard Martin City of Dfmton 215 East McKinney Street Denton, Texas 76201 Dear Mr. Martin: Enclosed are three copies of a Right-of•Entry for Construction whlch would authorize construction of the subject drainage Improvements on property owned by the City of Denton, It Is the intent of the Government to obtain an easement from the City for the operation and maintenance of these Improvements. Such a conveyance document wtll be presented to you In the near futvre, however, the enclosed right-of- entry is now offered In the Interest of allowing work on the project to proceed In a timely manner, We request that you return two signed originals to us at the letterhead address (Attention: CESWF-RE-P, Randy Roberts). Pleass contact Randy Roberts (817/334-4372) if you have any estlons regarding this action, Sincerely, / U J • Hyla J. Head Chief, Real Estate Division Enclosures EXHIBIT • b `z .ti', ~ 1~ , + ; ;l ~ . it • - w • F. r \NPDaCSWFD\ It IaxroF. OFUI ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF-ENTRY PERMIT BETWEEN THE CITY OF DENTON AND THE US ARMY CORPS OF ENGINEERS, FT. WORTH DISTRIC'T', IN ORDER TO CONSTRUCT A DRAINAGE DITCH AND MAINTENANCE ROAD AND TO PERFORM OTHER CONSTRUCTION WORK AS NECESSARY IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS FOR THE RAY ROBERTS LAKE SEEPAGE AND DRAINAGE CONTROL PROJECT, AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: City hereby authorized Z and to That the Right-off---Way Permit between o the is the execute US Army Corps of Engineers, Ft. Worth District for the construction of a drainage ditct, snd maintenance road and to perform other construc- tion work as necessary in accordance with the approved plans and specifications for the Ray Roberts Lake Seepage and Drainage Control Project. SECTION II. That this ordinance shall becume effective immediately upon its passage and approval. PASSED AND APPicOVED this thf: day of 1995. BOS CAOTLEBERRY, MAYOR ATTEST: JENNIFER WAFTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTINO CITY ATTORNEY • BY: • 9 v, r~. ~....~-....•...r+-..IMF.. w~. rY~. W1/YiG: C . , 1 F ~ d1 .Y... . • A t w 0 i f qq.5_ - 01 9_1~ 1 DEPARTMENT OF THE ARMY RIGHT-OF ENTRY FOR CONSTRUCTION Ray Roberts Lake A Tract of Land in the Sylvester Denton County, Texas Williams Survey (A-1322) The undersigned, hereinafter called the "Owner", in consideration of the total compensation to be paid by the UNITED STATES OF AMERICA, hereinafter called the "Government", for all .and or easement rights hereinafter described, to be determined by subsequent agreement between the Owner and the Government, or by judicial proceedings, hereby grants to the Government, a permit or right-of-entry upon the following terms and conditions; 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of eighteen t18) montl.s from the date of this instrument, in order tD construct a drainage ditch and maintenance road and to perform other construction work as necessary in accordance with the approved plans and specifications for the Ray Roberts Lake Seepage and Dr,inage Control Project. 2. This permit includes the right of ingress and egress on other )ands of the owner not described below, provided that such ingress and egress is necessary in order to construct the drainage ditch and maintenance road referenced above and not otherwise conveniently available to the Government, 3. All tools, equipment, buildings, improvements, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right-of-entry. 4. The Government shall have the right to patrol and police the lands hereinafter described during the period of this permit or right-of-entry. 5. If aircraft flights over said lands, or entry upon the land by means of helicopter or other type aircraft, are necessary, w the Government shall inform the Owner, in advance, of each such flight or .,ntry, 5. It is understood and agreed that if the Government does not acquire title or other necessary interest to land hereinafter described below and other land utilized in the construction herein described prior to tbn expiration of this permit or right-of-entry, a 0 or any renewal thareof, the Government agrees to be responsible for 0 • O " • • any damage arising from the activity of the Govorriment~s/e employees and/or contractors on said lands, in the exercise of Y DF7 rights under this permit or right-of-entry, and shall repair such damages, or, in lieu thereof and at the option of the Government, shat make an appropriate settlement with the Owner. The land affected by this permit or right-of-entry is located in the County of Denton, State of Texas, and is more particularly descr'bed as the area outlined in red on the attached drawing, marked Exhibit "A". Executed this day of 1995. CITY OF DENTON, TEXAS BY: SOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY B Y : 1=itur.~l US ARMY CORPS OF ENGINEERS FT, WORTH DISTRICT BY: TITLE: Ci\aP0003\K\R{6RTOF.N ' • . PAGE 2 • • 11) 7 " 1. 111. L y r- [ N v y]^,II `I 11 Y~~(.'1rm~Y . i'yy1 ',.)IIN InN~n NN ,.SD,N V'1111 ILU >'M1',.' ~l 'JI9 1~. 11 X X ^U1~ ~K.i,~.- Y I \ I I - } IIII N IDYL 1 1 t 1 1, 1 `lll + f I EMI , ry l,p \ li !.l U , Ayl 11- , f, I 1 I ~ ,ii~• N V J { ',r! 1 I I I N ON Ntl Nw HN N 101o7 M_VHRoo 'up II(fr u / j fl I ~IN LyN~ I +U OIJ I 1. !X. J t rff ^ifl u O 1'1C,~ fffiV-l (a~ iJ I.iry ~n 1 ~~uC c J D~ 1O 1- ~pD1 • J1yyS~ .ffU~~II~Jjr 10 X 1 nl tl. ~AJJ 11 ry ,,y ~ • ;NI !Jn I ¢^NL IIOTM.. ..'I fiN~ I, I. WtS. r nm 1,~ljl ~yJI1 C) VIYm!;n I1 X XUti y~V~ ~I ~Cr.'1^Np"~' ~VI A%~~U Awl. 'IJ IJ ..III[f1.n ~I Sj '1~y, 4 O 1 V Q r M1 .-YI 4 1- nJXXXA~N Qul~ W V lL,[. .1101tihQM1 ~ 'W7 I I „`t 1~ t I I I F V W O V • l EXHIBIT 11 • c, • X I T Y - COUNCI _ ob F ,rte r ~pOOctCrC ♦ O `G. e i J II 1 f MO A~{egeOalt DATE:1~-11pwnri^CL 9 5 c) 14 TO: Mayor and Members of the City Council IROM: Lloyd V Harrell, City Manager SUBJECT: Ordinance amending .494 acres of Planned Development 119 RECOMMENDATION: See attached report. ~UMM68Y: See attached report. BACKGROUND: The City Council approved the amendment on Feb. 7, 1995. However, the agenda item verbiage did not include "and cons;der an ordinance" nor was the caption of same published in the newspaper. Therefore, a new ordinance must be considered for the zoning action to be completed. PROGRAMS DF.PAJ TMENTS OR Rnrlna n~GFnmrn. None. FISCAL IMPACT: None. i Respectfully submitted, j 0 Lloyd Harrell, City Manager Prepared by, G. Owen Yost, ASLA Urban Planner . E •i,l L r '^7 t t ~~VVkk.~~ll Approved by, 14 ~ 6/ 'i V rank H1Lb. Robb n ATCP Executive Direc Oi of Planning & Development I I s 'N•"•.. , • .............W._✓4elYSf~"..::: a tt.:, , _ • _ f. "Y`'Yf~if S 1~ .i t :if 9 ;Skto SEr 9ri i • ILL Pif RRPORT L~ ,JOF 144 Too Mayor and members of the City Council case X0.1 Z-94-030 Heetinq Dater February 7, 1995 GIXIRAL XN"RMATXON Applioantr William Cudd III, Frank Cudd, Carl stocker 2412 Old North Road Denton, TX 76201 (represented by Metroplex Engineering) Current Ownero same Requested ActionL Consider an amendment to the Detailed Plan of a portion (lots 1R, 3, 4 and 8) of Planned Development No. 119 for Northwood Gardens Professional Office Park. The amendment would allow an addi- tion of up to 40000 sq. ft. (as shown on the detailed plan) onto the building located on lot 1R. Location and siseo The .494 acre tracts, located within a larger (18.2 so.) planned development, are located near the northeast corner of old North Rd. and University Dr. (Hwy. 380). 0 surrounding Land Use aad soningr North - Residential use, in SP-10 zoning. South - An unbuilt portion of PD-119, planned for office use. East - ,nn unbuilt portion of PD-1191 planned for office use. ® ! ! ! west - The right-of-way of Old North Rd., across from which is SF-10 zoning. • us • Case No. Z-94-030 February 7, 1995 ff Page 2 4 1 DOnt0O Development Plan: Intensity area No. 42, moderate intensity. (80 allocated) APRCIAL I"ORMATIOA Transportations i The existing transportation infrastrul:ture will satisfaetc,rily handle the proposal. Utilities$ The existing utilitir infrastructure will satisfactorily handle the proposal. No additiui,al public improvements are needed. Drainages The existing drainage i;ifrastructure will satisfactorily handle the proposal.. The applicant will replat Lot 1R, prior to rAceiving a building permit, revising an easement location. 8I8TORY The entire planned development (18.24 ac.) was created as a Concept "Ian from property zoned SP-10 by the 1969 zoning sap, in 1986 via Ordinance 86-172. It he.ame PD-119. 3.938 acres of the planned development (including the subject site) was than Detailed Planned, by Ord. 88-003, in 1988. The develop- ment schedule for the 3.938 acres was subsequently revisal later that same year by Ord. 89-126. The entire planned development was proposed as offices, and parking was provided at a ratio no less than one space per 300 ! sq. ft. of structure. Some of the structures later becasae used as medical offices/clinics, which typically require sore parking, without a corresponding However, extra parkin was change in the site plan, because it was required, but too make thb the e officesv oreeattracnot - ' tive to leave. p ~ ~A P s Case No. 2-94-030 February 7, 1995 Page 3 WTIFICATION V Eleven notices were sailed to property owners Within p ft. Of the site. At this writing, two replies have been returned in favor of i•he proposal, and none in opposition. ASMYSIs The rroposal translates into only a very slight increase in intintensity els~fiire witthinfthe plate d developmen dehis is due to a "cap" on the Floor-to-Area ratio ("?AR"ntLothlR of 1.05. The study area is underallocated. RRCOMMSDATION The Commission recommends that the amended detailed plan of 2- 94-030 be approved. ALTNMTIVXS rove 2. Approve appllaaation.with conditions. 3. deny applioL-ion. 4. "postpone consideration. ATTACMU MTS 1. Location map. 2. original planned development. 3. Proposed Detailed Plan. 4. Draft ordinance. 5. Pit minutes of 12/14/94. 1 uMOOt~~ s s ATTACHMENT ] 'row 171 +~a ^'_,-...~_,~.M; fit' 111 ~ ~-~J. Y9l.~.-~~I !i~ 1 SITE f visrP s4l- i i NKLAIWJ Los. .u PEAS ~ d NU j/,r4~ 24 mm W) L"atles map i 0 0 ATTACHMENT 1 J I 1~ ~ ~ f r1 d rr ~ ti 7 ~Q . • w • f~ ATTACHMENT 3 Lpt f r•~~ - l~ h r Lot I got s / ~ ` l0T) LNE C4( ~ I . ® M~6fCR0 c~.: LOT I ~ MIZC'a AS~ / I e e • • 0~A OJ_ ATTACHMENT 4 LJ 11 _ !5 I I ORDINANCE NO. ))q AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 86- 172, 88-003 AND 88-126 BY AMENDING THE DETAILED PLAN FOR PLANt4ED DEVELOPMENT NO. 119 (PD-119), LOCATED ON THE NORTHEAST CORNER OF U.S. HIGHWAY 380 AND OLD NORTH ROAD, WITH RESPECT TO 0.494 ACRES OF THE 18.24 ACRES THEREIN CONTAINED, AS SHOWN IN THE DETAIL PLAN AMENDMENT ATTACHED AS EXHIBIT B; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, William Cudd III, Frank Cudd, and Carl Stocker have applied for an amendment to Planned Development No. 119 (PD-119), as defined by ordinances No. 86-172, 88-003 and 88-126, with respect to 0.494 acres of the 18.24 acres therein defined, more particularly described in Exhibit A, to authorize development in a manner consistent with the detail plan amendment attached as Exhib- it B; and WHEREAS, on December 14, 1994, the Planning and Zoning Commis- sion, after a public hearing, recommended approval of the requested changes; and WHEREAS, the City Council finds that the proposed amendments will be in compliance with the Denton Develcpment Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTC:' HEREBY ORDAINS: SECTION I. That Ordinance N-., 86-172, as previously amended by Ordinances 88-003 and 88-126, i-oviding approval of a planned development zoning district classifl ation and use designation (PD- 119) for 18.24 acres of land, is hereby amended with respect to 0.494 acres of land located therein, and more particularly des- cribed in the legal description attached t,ereto and incorporated herein as Exhibit A, by adopting the detail plan amendment, at- tached hereto and incorporated herein as Exhibit B for all purposes. SECTION II, That the provisions of this ordinance as they • apply to the 0.494 acres described by Exhibit A govern and control over any conflicting provisions of Ordinance No. 86-172, as amended by ordinances 88-003 and 88-126, but all the provisions of said ordinances as they apply to that remaining portion of the PD-119 zoning district classification and use designation not herein amended shall continue in force and effect and shall apply to the remainder of said district. • SECTION III. That a co • 0 to Ordinance Nos. 86-172, 88p003fandi88-126, showingltheeamendnent herein approved. SECTION TV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding e • ~I~j Up:+iinu r $2,000.00. Each day that a provision of this ordinance is vio aeed~ shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effect !.ve four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, M-ATOW ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: \ • i j i PAGE 2 ta'1 H! .)(~P 1 .l f~~ 1r~~~ e 0 S.#erv < < S'. t Hip a~.~ d • ca • LEGAL DESCRIPTION R DD HA TRACT I (Lots IR, 3 wid 4) Doing all of lots Ht, 3 nmd 4, llkvk I, Nuiliiwootl (i;udeir. lhnfp9cirlmalS Office I';ak, ;m uddilion to the City of i)Cll(oll IwColdllig III the rcphtl lccurded in Cabinet '(e; lulge 167 ul Itiv Mar Records of Dolton counly, '1'rx;ls. TRACT 11 (Proposed Lot 8) Being all that certain 0.11 6 iwre Intel of Innd sillal(ed hl Ills t ;uter Smvey, A)IStlact Nwulvi- 275, and In the R.B. Wigbo ooit Surrey, Ai+.aulet Nundrv 775, Uentuu colally, 'I'c.tas, ulid 0.116 acre Imct being more parlicularly described as follows: Comnlenciag al lhr 111W soulllenl southeast earner or Lot 1, tJI(K-k I, Not0moutl Ulndells Proressionals' Office Purk, alt addition to the City of Deist n aceordiag to Ilk, replal recorded in Cabhut Y3; pilgo 267 of Ole flat Records of Wwon Comily, Tens; Thence North 24 degrees 16 minutes (X) sccrrals tale with im cam line or mw L(H 7 it (llstance of 69.78 feel to the Place of Llegitming; Thence South 65 degrees 42 ul1nulv,4 tM> sec<,nds East it disl;mee of I8.(X1 reel lu it lmint lbr the soullleast corner of ote lleleii, dexrilvd uacl; '11mice North 24 degrees IF nlinntes W wk:omk ialsl a disc ince of 262,07 (co to a point tot corner, 'T'hence Norill 01 degrees 19 tnimaes 15 SV(:0Inh IPcst it di.lonce ul' 41.61 feel Ill it writer of idol Lot 7; Thrace soilth 24 degrees 18 minutes (XI seconds 11'es1 wish an c;Isl line of said L,tN 7 a distance of 299.60 feel to the Place of Ivginnhllt, containing la all 0.I I6 acres of Imid. • j r • c, • ATTACHMENT 5 -0 1 Daoassber 14, 1994 ~I l~q. _ The Regular Keating of the Planning and Zoning Commission of the City of Denton, Texas was held on wednasday, December 14, 1994, and began at 5100 p.N. In the City Council Chambers, 215 E. McKinney. Presents Mike Cochran, Richard Cooper, Mary Evelyn Huey, Richard Morton, Barbara tiussell, Ellen Soherts. Absenti Katie Fleming Present from Staffs Frank Robvins, Euscitive Director Planning and Developmenti Jerry Drake, Assistant City Attorney, Owen Yost, Urban Plannerl David,slalson, senior civil Engineer, Gerald Cosgrove, Engineering Administratori and Chris Rodrigues, Secretary. Ms. Russells Meeting called to order at 505 p.m. 1. consider approval of the minutes of the November 30, 1994 meeting. g ;i Ms. Russells I ask you to consider approval of the minutes. Dr. Husys Madam Chairman I have some corrections. On page one my name ,should be Mary Evelyn, I will give the other small corrections to the secretary. Mr. Drakes Madam Chairman I just have a couple of corrections to make. On page 30 where I was quoted in the third line "a discretionary function" should be "the discretionary function". On page 31 the word formally should be formerly. In the first line aide should be side and in the third line towards the and of the line there should be a comma after the word this. No. Russells Are there any other corrections? Dr. Husyi I move for approval as corrected. • Mr. Cochranr I'll second that. Ms. Russell: All in favor raise your right hand. All opposed same sign. Approved (4-0) (Mr. Norton and Mr. Cooper have not arrived yet.) Ii. Hold a public hearing and consider an amendment to the r • Detailed Plan of Northwood 0ardens Professional Office Park. • O • cs • r N P i 2 Minutes December 14, 1994 Page 2 G~- ~f -C~fJI The .494 acre amendment is located near the northeast corner of University Drive and Old North Road.. Ms. Russell: The procedures for public hearing are: the Chair opens the public hearing, staff reads the petition and gives their report and makes their r^aommendation. The petitioner is granted ten minutes to spe- :o the petition. Persons in favor of the petition are mach granted five minutes to speak, Persons in opposition to the petition are each granted five minutes to speak. The pet'tioner is allowed five minutes to speak in rebuttal. The Chair closes the publio hearing and the staff presents final remarks. s Mr. Yosti Madam Chair and Commissioners this is a .494 acre piece of land which is part of a much larger Planned Development. It is located near tho Intersection of Old Worth Road and University. Some years ago there was a concept plan approved for this devalopment, this plan covers 16.2 acres and is proposed as offices. The part that we are considering tonight is just the .494 acre right there on the corner. There is an existing building there right now. Thar* are throe or four buildings and a vacant lot. The Planned Development amendment before you now also shows proposed parking. Thw building in Lot 1R is an existing buildin as are all of the other buildings shown with diagonal lines. One of the changes proposed is an addition on the back of the building in Lot 1R of up to 4000 square feet. Attachment 4 in your backup shows the elevation of that building. There is also a proposed Lot 6 to the east of the core of the site which is to be parking. The existing infrastructure namely transportation, drainage and utilities will handle the ' proposal. The entire Planned Development which is PD-119 allows parking spaces at 1 apace per 300 square feet of building. Part of this development that you see here has been developed as medical office buildings which require parking at 1 per 250 square feet. It has been determined that for the site here, the .494 acres, there is sufficient parking. The discrepancy between the 1 per 300 square feet and 250 square A feet will be discussed lata.o on. There were eleven notices sailed out for tonight's hearing and only one has been j returned in favor and that was from the applicant. Before the applicant can build on this property there will need to be a replat to move an existing easement slightly to the east out of the way of the proposed addition. The roposed addition of 4000 feet translates in to a slight additpp on in the intensity p on Lot 1R and in the study area also. Lot 1R is being built • ~ nearly to its capacity and that will balance out with a J decreased capacity on Lot 5 and subsequent lots. The staff • O 0 P i Z Minutes c17 December 14, 1994 I--- Page 3 recommends approval of Z-94-030 to the Commission with the following conditions: the two-story addition will have the ` elevation incorporated into the detailed site plan which goes to the council and secondly that the uses of tha buildings be shown. If there are any questions I would be glad to respond. Dr. Huey: Is the proposed Lot 8 a part of what we need to consider here or is that just there for information? Mr. Yost: It is part of the site plan, and the only proposed use for Lot 8 is future parking and the landscaping that goes with it. There is no building proposed for Lot S. or. Huey: So ultimately there will be a Lot 8 that is parking and landscaping only? Mr. Yost: If the Commission approves thiu detailed site plan, Lot a will be a parking only. Ms. Russell: Are there any other questions? Would the petitioner care to speak? Is there anyone to speak in favor of the petition? Is there anyone that would like to speak in opposition to the petition? Seeing none and understanding that you would like to waive your right to speak, we will close the public hearing, Are there any further comments that the staff would like to make? Commissioners is there anything that you would like to discuss? Mr. Cochran: I'■ prepared to make a motion to approve this. I move that we approve Z-94-030 with the following conditions attached: that the two-story elevation, attachment 4, be included on the same drawing as the Detail Plan and that the uae of the building be shown. Dr. Huey: I'll second the motion. Ms. Russell: Any further discussion? All in favor of the motion please raise your right hand. All opposed same sign. O - Approved (4-0) (Mr. Cooper arrived at 5120 p.m.) III. Windsor Park Addition, Lots 4R - 7F', Block 3. Located on the south side of Mistywood Lane. a. Consider a variance to Sec. 34-125(a) of the Subdivision O and Land Development regulations regarding the proposed r O O Lots Or SR, 6R and 7R, Block 3, of the Windsor Park Addition. O I o 0 r c s 'r CITY COUNCIL t S ,I Of L ~ b ~ s e ' n~ r Q o • } R:\MPDOCS\0RD\TIIOB9.CRD good a Item `D ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS RETAINING KA'rPERINE THOMS TO PROVIDE PART-TIME WYNICIPAL COURT PROSECUTORIAL SERVICES ON CERTAIN DATES BETWEEN APRIL 12, 1995 AND SEPTEMBER 29, 1995; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 2=10N I, That Katherine Thoma is hereby retained to perform Municipal Court prosecutorial services in the afternoon and evenings on certain dater as assigned by the City Attorney between April 12, 1995 and September 29, 1995. SECTION II. That the costs for the services to be rendered by Katherine ThomFFj as set forth in the letter of March 29, 1995 from Katherine Thoms, a copy of which is attached hereto and made a part hereof for all purposes, are hereby authorized. SECTION III 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 SECRETARY BY., APPROVED AS TO LEGAL FORM; • MICHAEL A.~BUCEK, ACTING CITY ATTORNEY BY : ' v!C tic , I n 0 • w • LIX r', r KATHERINE TRONS Attorney at Law 303 N. Carroll Blvd., Butte 200 Denton, Taxes 75201 817/382-8181 March 28, 1995 Office of the City Attorney 215 E. McKinney Donton, Teris 76201 Attn: Michael A. Bucek Dear Sir: In response to our telephone conversation of March 27, 19950 I am providing this additional information to my letter dated March 22, 1995. 1 would be available to work as a contract attorney with the City Attorney's Office as of April 3, 1995 through August or September, 1995. I would be able to work in the evenings from 5:30 to 3:30, Monday through Thursday, as needed. I would be willing to work for 825.00 an hour, with a minimum daily fee for two hours. Please do not hesitate to contact me if you have any questions or would like additional information. Very truly yours, Katherine Thoms KT/tp 0 RECEIVED nAl;zsa CITY OF DENTON: LEGAL DEPT. • v k t.., y • ' f o o R:\NPOOCS\ORD\PAK. LOT agsadaNo, 4oenda►tent~~~~~.. ORDINANCE NO, I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND MISSOURI PACIFIC RAILROAD COMPANY REGARDING THE EXCHANGE OF CERTAIN PROPERTY ALONG THE ABANDONED CALLAS LINE BETWEEN PRAIRIE AND HICKORY STREETS AND THE CONVEYANCE OF A FREIGHT DEPOT AND CERTAIN RAILROAD RIGHT-OF-WAY FOR PU;LIC PARKING AND RAILS-TO-TRAILS PURPOSES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR] AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE. CITY OF DENTON HEREBY ORDAINS: BY&CUPS--j~ That the City Manager is hereby authorized to execute an agreement between the City of Denton and Missouri Pacific Railroad Company regarding the exchange of certain property along the abandoned Dallas Line between Prairie and Hickory Streets and the conveyance of a freight depot and certain railroad right- of-way for public parking and Rails-to-Traile purposes, a copy of which is attached hereto, SECTION II• That the City Manager is hereby authorized to execute such deeds, easements, leases, and other documents as may be approved by the City Attorney to effectuate the transfers referenced in the attached agreement. SECTION III, That the expenditure of funds as provided in the agreement is hereby authorized. 9.FLQjj9SL IVL That this ordinance shall become effective immediately upon its passage and approval. 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 BY: i ,r x • c~ • r n UNION PACIFIC RAILROAD COMPANY G~~;. 1 CONTRACTS& REAL LSTATF DEPARTMENT K H U UHRIGH i ~~5 irM VLF. IP[YOE Nr $)INTIFACOVES 5inu rd EtnA S.n en ~V DIREQORAEAL E$iAiE Eepllzr is I J. L HAWKINS N 4 nA 145!1 en pn~;{ 01RECIDR-0PERATIONS SUPK)RI April 5, 1995 D H.1.IGHM'INE IARI'.CT011 KAL MArE R. UOICH U RrclrA Bull DILb$EnvcrS 1374-30 T. R, . .RT FTF.n MKT T, RETLMN RrQF!TPT R_FOLfERTEn Mr. Michael Bucek Acting City Attorney City of Denton Municipal Building 215 East McKinney Denton, Texas 76201 Dear Mr.. Bucek: This letter is to confirm the understandings reached between Missouri Pacific Railroad Company (Railroad Company) and The City of Denton, Texas (City) covering the exchange of certain property, the donation of the Railroad Company's Depot, the relocation of the Railroad Company's material storage yard and the use of a certain property for public parking and for a rails to trails right of way. The Railroad Company is agreeable to the following- 1. Description o PrgRarty to hg exchanged; The Property to be conveyed to the City shall consist of a parcel of land totalling approximately 30,000 square feet , as generally depicted on the print attached hereto marked Exhibit "A." The exact area to be conveyed will be determined by the Railroad Company from existing deed and title records and a legal description prepared accordingly for incorporation into • the instrument of conveyance. An easement necessary to accomodate the existing railroad tracks will be retained by the Railroad Company 2. The Property to be conveyed to the Railroad shall consist of a parcel of land totalling approximately 107,000 square feet, as generally depicted on the print attached hereto marked Exhibit "A". The exact area to be conveyed will be determined r by the Railroad Company from existing dead and title records and a legal description prepared for incorporation into the instrument of conveyance. An easement necessary to accomodate the proposed trail right of way will be retained by the City. • ~ I 0 4> O Aft is 3. city _to_grant Railroadompany An Baser A: The City shall grant the Railroad Company ah B'asemlt for railroad purposes over that portion of the trail right of way south of Prairie Street. Such easement shall be 30 feet in width. 4. Establishment of additional City parking sou h of hickory It. The Railroad Company will make available the property shown on Exhibit "A" south of Hickory Street for additional City parking. This will be acomplished via a to year lease at fair market value and will also include the existing property north of Hickory Street presently covered by Lease 162380. This will be accomplished prior to the City relocating the depot building. The total Lease cost will not exceed $7,500.00 per annum for the initial 10 years of the Lease term. 5. Donation and relocation Q" hg depot building: The Railroad Company will donate the depot building to the City; whereupon, the City will relocate the depot building to City property. 6. Reloc on cf the Railroad Comnany's ma a ial a ,.aNn ..+A: The Railroad Company will promptly relocate its material storage yard to the property shown on Exhibit "A". The Railroad will also construct a fence, designed to a?::hance the visual effect to the area, around its material storage yard. 7. Retirement of A Rnrti on of the existing st.nur tracks: The Railroad Company will retire and remove the spur tracks to a point approximately 300 feet south of Hickory Street in order to facilitate access from the relocated depot to the trail right of way/parking lot. 8. Revision of the Parking ease south gf Hickory Following relocation of the Railroad company's material storage yard the remaining property between Hickory Street and O Sycamore Street as shown on the attached Exhibit "A" will be added to the City's parking Lease and the purpose will be amended to allow the use of the property for gaining access to the trail right of way. The city will pay fair market value for the property necessary for parking; however, the property necessary for continuation of the trail will be at a nominal consideration. The total Lease cost will not exceed $7,500.00 per annum for the initial 10 years of the Lease term. 9. Existing Parking lease north of Hickory t: This property will be included in the 10 year parking lease. Ig ZA Q, "t the PoregeAltq reflects your understanding q f- It S arrangement reached between the Railroad Company and the City with respect to the exchange/use of the Property, please secure the execution of this Letter of Understanding arn9 return to Yne the copy of this letter narked "Duplicate original-Railroad Copy". If you have any questions or concerns please feel free to contact as at 402-271-4918. /Your* truly, Senior Manager - Real Estate Accepted and approved on this day of By i i s 11 d 0 • O -CITY z C4UNCII r. { - - - - - - - - - - - - - o s a a ♦ro t` oo~Ovv o r • o e • • 6:\M PDOC6\ORD\OT6. ORD iY APOW, 0 73 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS RETAINING A LAW FIRM TO REPRESENT THE CITY IN NEGOTIATIONS OR LITIGATION WITH GENERAL TELEPHONE COMPANY OF THE SOUTHWEST ("GTE") OVER ITS FAILURE TO PRODUCE hECORDS REQUIRED BY A CITY AUDIT AND FAILURE TO REMIT DELINQUENT FRANCHISE FEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Southwestern Bell Telephone Company ("Bell") and 57 Texas cities ("Cities") have been in litigation for number of years regarding whether or not a local telephone exchange company must include in its gross receipts for franchise fee purposes revenues received from long distance carriers for access to local telephone lines; and WHEREAS, Bell and the cities have reached a proposed settle- ment to their litigation worth over 25 million dollars to the cities; and WHEREAS, on February 10, 1994 the City Manager requested of GTE certain records needed by Reed-Stowe & Co., Inc. to determine, in accordance with auditing principles, the gross receipts of GTE (with long distance and access charges included) from the beginning of the present franchise (1983) through 1992, for business con- ducted in the City of Denton; and WHEREAS, GTE's response to the City's request consisted of only limited records from 1988 through 1993 and no information directly related to the long distance and access charges issuer and WHEREAS, GTE's failure to comply with lawful requestsMof the City Council set forth in Resolutions No. R94-071 and R95-002, and its failure to pay delinquent franchise fees constitute breaches of its franchise with the City, and violations of the City Charter adopted by the voters in 1959; and • WHEREAS, preliminary audit findings reflect that GTE owes the City of Denton in the range of $4,000,000 to $5,000,000 for de- linquent franchise fees for the period from 1983-1994; and WHEREAS, the failure of GTE to pay franchise fees owed re- quires taxpayers of the City to pay higher taxes to fund budgetary items which should be paid by franchi.se fees properly collected; • and ~ • I WHEREAS, the Constitution of the State of Texas and the City Council's fiduciary duty to its citizens do not allow the City to subsidize a public utility by failing to collect fees for the use and rental of public rights-of-way and easements which such utility has contracted to pay; and • s DiP a~~3 WHEREAS, the City can not allow any business or individual within its corporate limits to operate above the laws NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby adopts the findings listed above. SECTION II. That the law firm of is hereby retained to represent the City in negotiations with GTE for the purpose of obtaining, on or before noon on April 25, 1995, the records requested from GTE by reason of the audit by Reed-Stowe, & Co., Inc., and collecting the amount of delinquent franchise fees owed the City by such date. SECTION III. That should GTE fail to provide the needed records and remit the amount of delinquent franchise fees owed the City by noon on April 25, 1995, is authorized, with the City Attorney serving as local counsel, to file such pleadings as are necessary as soon as possible in an appropriate State District Court, to effectuate access to the needed records and to obtain collection of or judgment for the de- linquent franchise fees. SECTION IV, shall, if neces- sary, take action before the Publ c Ut ty Commission ("PUC") to (1) require a judgment for delinquent fees awed to the City by GTE, under 513.03 of the City Charter and 57 of the franchise agreement, relating to long distance and access charges, to be assessed directly against GTE or its long distance carriers, rather than City of Denton basic local exchange telephone ratepayerai and (2) prevent a judgment for delinquent fees from being passed through to basic local exchange ratepayers without regard to: * excess profits received by GTE, * legal prohibitions against retroactive ratemaking, and • * proper allocation of costs among classes of customers pursuant to an illegal automatic passthrough tariff. Additional legal assistance and expert witnesses required to pursue these matters must be approved by the City Attorney, • SECTION V. That the City hereby accepts the offer of 0 to represent the City as set forth in such firm's response to the City's Request for Proposal and its letter of April 1995, subject to Sectiona Ii, III, and IV above. PAGE 2 Q , y, • - o • 3OP3 SECTION VI. 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 SECRETARY BY. APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY: • , PAGE 3 • , EE ,~~44 k: + e Y tits. k '•,Y (~1 4 i~ t ~5 I~ OW e 0 w t i CITY COUNCIL! 1 1 0 % 4 O f r A on t~ ~~J • b e o l )V,^%{ WILSON ~~wny NO• aac OT+rAIiMElt P PRECINCT I PRMNC1' E an 5-411-A- fiANDY JACOBS DON HILL PRECINCT s 1^ PRECINCT IRAQ * ~y DENTON COUNTY COMMISSIONERS COURT% JUDGE JEFF MOSELEY / March 20, 1995 ' J Honorable Bob Castleberry Mayor of the City of Denton 215 East McKinney Denton, 7X 76201 Dear Mayor Castleberry, While researching the Boards and Committees of Denton County, is has come to may attention that your appointment to the Denton County Ray Roberts Lake Planning and Zoning Commission expired February 1, 1995. When the City of Denton has filled this uaaancy please contact me with the persons name, address and phone number, Thank you and if you have any questions feel free to contact me In the Aide-to-the-Courts Office at 1-817-565.8653, Yours truly, '~ll `~-FlT (~~rs~CILt/ Barbara Dooper Aide-to-the-Court CC, Commissioners Court • March 20, 19.95 i OOURTHOUSE ON TIM SQUARE • 110 W. MMORY • DENTON, TEXAS M01 (!I'4RE6lAl1 • (0r1)ae6J110 • (SOOkrs.>f1M ,...-.~......`.--~'~-t'^. ~ ....~.+r~: '~srt; c-r ~ ~ r i.,, } 14, r`t ~,6~~ ter^~r • ~'rY,~ I h r~ 1 t~ q , ,;~F ~`f}~1."'k~.ryl'y1 S m - ilYe C I T Y~~=~_~=- ~s MCOUNCIA, ~ e4 J• ~w u~ W ® •*r~MZ~ DOOv L G ~ ~ o Date It 71 eta C)~ 1 CI1 YOI CFNTONp TEXAS MUNICIPAL BUILDING/ DEN TON, TEXAS 7620} I TELEPHONE (617) 66"M 01h of ! +e CIty Secrelery MEMORANDUM DATE4 April 6, 1995 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of the vacancies for the City's Boards/Commissions: Cable TV Advisory Board - This is a nomination for Council Member Miller. If you need any further information, please let me know. 1 J Per W ers e i secre a y A00000F4 I ._.-......ti.~.... . ~ , ~ . rw - ~.m rc.w -t u t ~ f fty.~tt~,5 is ~i~1•~ti} ~~+1., ° 1, G~ @ PITVW4 MCOUNCI:'4 i S P 1 it 0• D~ @ ~4 r a~ x ® r O K. Y ~ «~Ov / r @ • +ia • w r ' AgertdaNo C~, Agendalte - 09,0 North Central Texas Counc" Of Governments TO: NCTCOG Member Governments DATE, March 27, 1995 i FROM: Gary Siegel, President SUBJECT: Election of Officers and Directors for 1995.96 Executive Board The Council of Governments will be electing its Officers and Directors for 1995.96 at its General Assembly meeting which is scheduled fcr June 2. Local officials from member governments are invited to submit recommendabuns for the Scard positions. Enclosed are forms that we regl ~st you use to submit your recommendations. lease return your completed forms py Apl'I t1. To assist in this process, a Nominating Committee has been appointed. I will serve as Chair of the committee and will be assisted by the following Past Presidents: David Doyle, Mayor of DeSolo President 1993.94 Jim Alexander, former Councilmember of Denton President 1991.92 Bill Lofland, Rockwall County Judge President 1990.91 John Evans, former Mayor Pro Tern of Dallas President 1969.90 Gary Skaggs. former Councilmember of Richardson President 1986.87 For your information, I have also included material reflecting the structure of the Executive Board, a listing of current Board members, and the telephone numbers and mailing addresses of the Nominating Committee members, While we encourage an active response to this call for nominations since all Board positions are open, It needs to be pointed out that the Nominating Committee may recommend that some current members be held over for another term to assure continuity. However, both the Metro and Non-Metro Regional Citizen Representative positions will need to be filled. The metro citizen director must come from Dallas County and will serve a one-year term. If you have any questions, please contact me or one of the other members of the Nominating Committee, d re ldenl • • or, Hy o! ardson G S: km Enclosures file sir flags Wive cenloWnt Two P 0 &u 0ea Adoplon. Teure 7600' 5869 rte n•ir4l iA~f • • r 1 FROM: DATE;_ Name Titre Local Government Represented TO: Gary Siegel, NCTCOG President Chairman, Nominating Committee SUBJECT: Recommendation for ❑ Metro Citizen Representdtive ❑ Non-Metro Citizen Representative i to Serve on NCTCOG's 1995-96 Executive Board I would like to recommend the following citizen: i Name Business or Professional Affiliation Marling Address + for consideration by the Nominating Committee to serve on NCTCOG's 1996.96 Executive Board, Additional supporting comments: I • Signed: (Please attach other Informatlon pertinent to this nomination,) • Please return this form to NCTCOG's Offices, on or before Friday, April 21, loss. ' • T0: Gary Siegel, President North Central Texas Council of Governments P. 0. Box 5888 Arlington, Texas 760055888 • w • FROM: DATE: Name Title Local Government Represented TO: Gary Siegel, NCTCOG President Chairman, Nominating Committee SUBJECT: Recommendation for Elected Official to Serve on NCTCOG's 1995.98 Executive Board S I would like to recommend the following elected official: Name rifle (Mayor, Councifinember, City Commissioner, County Jue je, County Commissioner) Local Government Represented for consideration by the Nominating Committee to serve on NCTCOG's 1995.96 Executive Board. Additional supporting comments: I i • Signed: (Attach a resume or additional biographical Information, If desired,) Please return this form to NCTCOG's Offices, on or before Friday, April 21, 1995. ® TO' Gary Slagel, President North Central Texas Council of Governments P. 0, Box 5888 Arlington, Texas 76005.5888 • l ca • NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT Executive Board Structure , (According to NCTCOG Revlsed Bylaws) O Of FJCER3 j' President i (Elected by General Assembly. Prior experience on Executive Board desirable.) May be any City or County elected official from the region. Vice President I; (Elected by General Assembly, Prior experience on Executive Board desirable.) May be any City or County elected official from the region. Secrelarv•Treasurer , (Elected by General Assembly.) May be any City or County elected offlclal from the region. PPa"residenl (Automatic position on Executive Board.) 2MECTORS t Dallas Director ' (Selected by City of Dallas City Council.) Fort Worth Director (Selected by City of Fort Worth City Council.) Metro County Director" (Must be an elected official from either Dallas or Tarrant County governments.) on-Metro County Director" (Must be an elected official from one of the non-metro member county governments,) Non•Melro City Director 1 (Must be an elected official from a member city government not In Dallas or Tarrant County.) IIII CITIZEN DIRECTORS Metre Citizen Director* (Selected by NCTCOG Executive Board, Must be a non-elected citizen representative from either Dallas or Tarrant County.) • Mon-Metro Citizen Director' (Selected by NCTCOG Executive Board. Must be a non-elected citizen representative from one of the non metro member counties.) f •A citizen representative and a County Director may not represent the same County. (The practice has been to I rotate the Metro County Director position from Dallas to Tarrant to Dallas, etc. every two years with the Metro Citizen Director representing the other County.) 6 ~ • !f a director Is qualified and elected to a specific representation (Dallas, Fort Worth, Metro County, Non-Metro County, or Non-Metro City) and later is elected to an officer position, the represented dlrectorMot then becomes t "open", with the officer continuing to meet the qualifications for the specific representation, i • 0 • • G NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS 1994-95 EXECUTIVE BOARD OFFICERS ` r a - Gary Slagel, Mayor of Richardson Vice President - Jewel Woods, Councilmember of Port Worth J!aAt Pr s den - David Doyle, Mayor of DeSoto Secretary-Treasurer - Jim Jackson, Commissioner of Dallas County DIRECTORS irec r - Don Hicks, Councilmember of Dallas D1rectQ - Elzle Odom, Councilmember of Arlington r c o - Tom Vandergriff, Tarrant County Judge it for - Ron Harmon, Johnson County Commissioner D rector - Jack Miller, Councilmember of Denton CITIZEN REPRESENTATIVES Metro Citizen Director - (vacant) JLQ,r - tro Citizen Director - Ray Madrigal, Palo Pinto County • , 1 i ~ f G~ t n ,xy, qFJ h 1 4;tY , r,iY~' • • A ~4 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT i j 1995-913 NOMINATING COMMITTEE Gary Slagel Bill Lofland Chairman County Judge of Rockwall County Mayor of Richardson Rockwall County Courthouse 21 Bunker Hill Rockwall, Texas 75087 Richardson, Texas 75080 (214) 771.5152 - Office (214) 238.4203/4208 - City (214) 771-5146 - Home (214) 238.0181 Home Clary Skaggs David Doyle Executive Vice President Mayor of DeSoto Antenna Products Corp, 1424 Marble Canyon P. 0. Box 520 DeSoto, Texas 75115 Mineral Wells, Texas 76067 (214) 638.0503 - Office (817) 325.3301 Office (214) 230.9646 City Hall (817) 234.6896 Home I John Evans Jim Alexander 501 Old Mill Ln. 1412 Sandy Creek Dr. Dallas, Texas 75217 Denton, Texas 76205 (214) 398-9741 (817) 898.2133 Office (817) 566.0111 Home I i 1 3 i i ® i1 i ..~~..~..-~-'•'^Y~-". r ' • .....rte. r.w.. w rr:... • 0 qt c. 0 My~ M_ YI~IMM4 I ~ w I tttl~ t- 1sV / T r\ I1F I l.. ~ F r ti _ h ♦ ~.w•i: ~ MY~I~. ♦I.Yi~ I'! ~ ~V t I'!. Y♦♦♦~ I'61-~ ' !~-I~ ~.i r t 1~ ~ . QI ~ y ~b c • ~"T ~ r F ~ A A ~ i. I z ~ r r+ r ~daMc ~ Apendall . Dais CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE(817) 666.8307 Office of the City Maneger MEMORANDUM TOi Llcyd V. Harrell, City Manager FROMe Betty Williams, Executive Secretary DATES March 31, 1995 SVBJBCTs Wall of Honor According to the established procedure, letters commending city employees for quality service which are displayed on the Wall of Honor will be replaced on April 3, 1995. Attached are copies of sixteen new letters which will be exhibited for the next three months. The letters taken down will be placed in a scrapbook which is maintained by the City Managers Office. We wish to extend our congratulations to each of these employees on their excellent efforts to serve the citizens of Denton. Bet y W diams Executive Secretary • I a "Dedicated to Qualirv Service" -...:~.......r.--....w.r..,.~-, n'--r ~ :...u..f 7i Mm" jl iii 4+~t~,li i~P;~rr~ ~~~r~r~tJ ~u „'n~1 t~FfJ tjr~t ~51~t~{r^?p~hir~ r s s+ • Police Department euRmga aox ttr BVIrUIw ANN Tx Conrad Shiftlen, Chief Ona Nowpoi 16 2 4 9 ~Cr Phone )81 T)482 349f November 20, 1994 SuWrintendent of Water Utilities City of Denton 216 E McKinney Denton, Texas 76201 Dear Sir: Today I had a 10 " main became clogged with debris. This main serves as a transmission line for 66 % of my wastewater. After several attempts with my equipment, I was unable to unclog this line. T contacted a commerical vendor for help but they were unable to respond. As a last hope, I contacted your emergency dispatch for assistance. They were polite and the response was fantastic. Within 6 minutes, I received a return call from dispatch, advising me that they had cleared the reque.nt through their supervisor and that a crew would be in route. They arrived very promptly and began working on the clogged main. Even though the line was clogged with pieces o brick from an upstream manhole, they were able to clear the line and put me back into operation. I am most grateful to you and your staff for the assistance and I want to commend Mike Jackson, Ronald, and Mike Stack for their very professional attitude and workmanship. It was a pleasure to work with them. Thanks again for the help. 1 • Sincerely, Conrad S ett Utility Director • rw+ • `u N rE F , P % Volunteer Services Co- C I~ for j G !Q DENTON STATE SCHOOL _ P.O. Box 0368 2 Demon, TX 762020368 JU f"d~ lf$ 18171387.3831 i 431 BOARO MEMBERS 1 r,12 1994 CkAIAMAN / W.,.. Ben Ivey, Jr C!1'' Uh OF.NTi ` ! r December 7, 1994 Barber - 8dI Brady Scary Burkholder Bob E- CQ14~diry Carol l From City of Denton ' Cindy Ferguson 295 E, McKinney poi1 I° Denton TX 76201 ,nrk Har%* Norwell Governor luJwn Kogery Dear Friends, rJicl O'Connor Nee Sperry 'ene wh,°en 'ar'env 'p~'"' The Volunteer Council would like to express our sincere appreciation for your donation of the use of the snorkle to replace burned out lights on ~o"a,ayaaardhe t"r the Chapel, Your kind assistance enables us to address the needs of Edxnrd hake, people with developmental disabilities. We appre^iate your concern and interest in the folks who live at Denton State School and hope you will continue to support our efforts, Your donations will help us greatly to enrich the lives of the folks served by Denton State School. All contributions made to the Volunteer Council for Denton State School are tax deductible as provided in Section 170 of the Internal Revenue code. No goods or services were provided for this donation. It is because of Individuals like yourself who are really making a difference in the lives of many people. We appreciate your support and again, thank yuu for thinking of Denton State School. Sincerely, LiBen Ivey, Jr. S e LRam4yel r Chairman Director Volunteer Council Community Relations and Volunteer Services • r~ ,Z 2 igg4 1125 Northridge llenton, Texas 76201 Deoe,rber 9. 1994 -Ir. W.V. Brown, Superintendent 'later k Sewer Field Service Division x;01-A Texas Street llenton, Texas 76201 Dear Mr, Brown: I want to thank you and your department for cleaning out the branch on ;Massey Streeb, last week. Your men did a splendid job trnd they are to be com- mended for it, Nnving served with thr, Aviation En- gineers during World War Two, I can appreoiate the physical labor that is required to do what they ac- complished. They were great= all of them, Again, thank you, Mr. Brown, for helping me with my problem on Massey Street, Best personal regards. Cordially, Marion X. Smith c. Mr, t,loyd }carrell, City Manager Bob Nelson, Director of Utilities • { • • !p i JC l 4 t e~ w' ` i tl~ rr i~l) 7t i`.1 • w • t I 11' ( 111 44'11111 ! II-~ 111`, 1 r I .i , 1.,6 ~1,,1, .o1 -d December 31, 1994 1,1 ;=FR 1995 j Mr. Lloyd Harrell, City Manager CITY OF DF,NTON 215 East McKinney Denton, Texas 76201 Re: 3rd Annual Drive and Benefit Concert for Denton County Homeless October 22, 1994 - City of Denton Civic Center Dear Lloyd Harrell: Your participation in the above referenced county-wide prpiect, combined with the efforts of other concerned community members, enabled us to collect the following goods and financial contributions: 1,713 pounds of food 2,566 pounds of clothing $1,226.82 in proceeds . On behalf of the many homeless of our county and our committee, I want to thank you for your lime and consideration that went towards assisting those individuals who are less fortunate. We are truly grateful to have worked with you and look forward to your support again in 1995. • Respectfully yours, Gaylxn Kocher, Committee Chairyierum 3rd Annual Drive and Benefit Concert t'or Denton County Homeless ® c/o Unity Church of Denton • . Y.O. Box 2967 Denton, TX 76202 • w • l.CRTU nENT'.N '-ENTER FEB 27 1995 t JUL ~ C 1V ? N I CITY r1C 8 d 'l well, It,, MandGer Denton 'cK.nnev Stveet ',r "r-n. TX 7S2r;l Lea `1r, Flarrells Recertiv 'we've been wnr''lino with vi Staff on neio`itcrhCGdmatters >cain. As ,.usual, it has been a pleasure worl,ino with them because thaw dc. their lobs in sorb a pr,.fessic-nal Fanner. lr, t`.at reaard, encl--sod are letters aCOreciativn which mioht ba usefi.6, 1 t r,cw when I was !,n th City's staff many years 300 develooino the enerav a anement office, it was esoeceally race for My c_-woeI:Or, and 1 te- cst <tti _ -ortcli*entarv osssed .r. to us from the City Mansaer, Howev~--r, I a.isI, admit that <_harire an office with the Administrative A;;istant Manaoer heloe, to_. I often think of hc.w much I enured w-r[ iro for the City. I miss doing so a .,Jt. I resiurpl veara ago because my wife finished nursing 3Ch60] and We e<o=cted ±o rel.:cate. -e :seal. belated thans.~ti gcas :,iit t.-. .i, Mr. !iarrsll. You have dc.ne a lot `or our City and this neiGhb;rh:.cd in oarti,iler. I appreciate the G1 " :CC;:tie= rresented to r-L? by the est!ve of the str.aCles we've been let tooett,Y,yu have dona a fine f~r us, s.ir. Neighbors areatlr ~r,oreriate the improvement; esoecialiv with the fair/rodeo last veer and ttia ,uiality, year round enforce,tent of the meisance ordinance. Anytime 1 can reciorocate to vC.l Cersonally or t,a the City, it would be my ciess-i* to do so, ''E5 Der tf ul lY your 5, orn9 Tr"iss, Chair orth Denton Center' Nei ot,borhood AsSOCia`.ion j s Cooncilman Dr. Harold Rem i I • a> • 6vQ ~~d our, ~r¢c~ b~oG k ~iLI Y lQ 0. 4 ~Y~¢ ZAH Y4L (Vry% M W d 1 ~1 A ooud Jo~ VQQac~C~ d~rr g tie?IAC;'Ac Q ' ~ a wr s 5I}~em s f w ~ c 1. {1a V wk.~ d OW"(tKJ Aa ~1pty 41k a-* ~ eyJ t F vW Q. Co kL R~ v~4 . 9 l~ d o~ f k4, ^ C Oj owe I I~ -9 wy o Ca.. Its ...ee. e v ~-o a,s VV LSE a,~ s o wpA v~u~J IV1,,t,~J f ,+vv~lt W ~~~I hY~ IIN~ 1"V ~+1~~~-^'~' b n,IP s , a, ca - Ituic vas ct ~n 1~ C ".4- 13' 2 1cw~d a Tvm t R , p~ Stv ~er2~ I AA, (J b-wry. • • University of North Texas JAS S'Chool ul I ui 'f C 1Y Ms Eva Poole, Director Emily Fowler Public Library 502 Oakland Denton, TX 76202 Date: 9-Januai y-95 Dear Eva; Thank you very much for being a guest lecturer in my Foundations class this past semester. The students foi-d your presentation stimulating and highly informative. Many student commented on your enthusiasm and the obvious dedication you have for your work. 11, Above all, having a practitioner talk on an operational level gave tremendous "added 1 value" to the routine lectures and assignments that I gave the class. This is the work of teamwork between educators and people in the field that enhances the student's experience and that eventually will benefit the profession. I appreciate your kindness in taking time out to do this and I hope I (or Ana) may call on you again. Sincerely yours, • D IIId Cleveland Professor cc: Ms, Betty McKean, Executive Director Municipal Services and Economic Development • City of Denton , • Denton, TX 76201 11 0, I1m I,i796 • IA•nu,n, Fvxm 7(1203.6796 n17i50 . 24Ai • I'AX817/565-7101 • lDD81N)17 124J8l INTERNI-1:SI SaLINIFOU 1,~, All It • • ; cn i~ r I ) ~ Gwd ham. if L .~7C X4 "4" -~-L,^ ifl(X ✓~O Cyfy~ ,.ENtpr~Oc! G<.U-s'' C~G4'W .(.c.,~2. w~+l.~-e....u..l (J : /,emu. ~ ~ aCa.eaiJ 1Lt,w,e, 1 ya.L~{ .Qaw~.',ay~t e ~ e `~~U VY`ewn~-•L.C_Q~ per, . • • JAN ` ei 199r, January 23, 1995 Mr. Lloyd Harrell Denton City Manager 215 E. McKinney Denton, TX 76201 Dear Mr. Harrell: Seven months ago I moved to Denton to begin my doctoral work at Texas Woman's University. I rented a town house on Country Club Road and was beginning to settle in when a new neighbor moved In next door. At that time, problems began and I made several calls to the police department. On November 26, 1994 1 made yet another call to the police department and had the good fortune to have Officer R.D. Johnson respond. Officer Johnson was extremely professional and informative in relaying to me my rights as a tenant and as a citizen of Denton. He seemed genuinely concerned for my welfare and I sincerely appreciate the time he spent with me explaining my rights and options. I have since moved into a house that Is located in a quiet neighborhood. Unfortunately, the neighbor that I had problems with called me last week to harass me. This phone call was disturbing as I have an unlisted phone number I called Officer Johr:son and once again he was very professional and helpful. I have never been In this type of situation before and It i~ comforting to know that I can count on Officer Johnson. Officer Johnson is a tremendous asset to the City of Denton and to the Denton police department, in my opinion, not enough credit is given to the men and women who serve as police officers. Therefore, I wanted to take this opportunity express my gratitude to Officer Johnson for a job well done. Sincerely, Susan E. Keith cc: Officer R.D. Johnson • • • • c a • • 'Cn ~ j' a ~ V.t'~ r~, !~.'ai u "P, ~4~~Sli i,'`n $~~y~f w'`-~~t • • February 4, 1995 Mr. Lloyd Harrell City Manager City of Denton 215 E. McKinney Denton, TX 76201 Dear Lloyd: So often people go out of their way to help us get our economic development proposals completed on a timely basis, and I am remiss in not drawing it to your attention. I have been very fortunate to have outstanding support from many of your staff on many occasions. For that, I am most appreciative, Specifically, I would like to commend Tony Smith, GIS Engineering Technician, who recently did an outstandingjob in preparing maps on a large distribution/warehouse project. Tony was very professional and provided a product that was extremely well done, while working under extreme time constraints. My thanks for ajob well donel Again, I appreciate all the assistance from you and your folks) Sincerely i I • n Burdick Vice President Economic Development 411 PARKWAY • P.O DRAMI P 0 DINrON, TEAS 70407.1719 • 1617)30.71$1 a AIM (214) 43"M % f i to CT C~c~rnn-1LIrI I ft)spital ll., :V ! L~rhhlr. Anr Nr l February 7, 1995 Mr. Lloyd Harrell, City Manager 215 E. McKinney Denton, Texas 76261 t Dear Mr. Harrell: i would like to bring to your attention the outsLanding performance of our EMS personnel which occurred on January 31, 1995. We received an EMS report relating a 76-year old gentleman who had the sudden onset of back and abdominal pain while doing construction work. The EMS report also indicated that the patient suddenly became hypotensive following the onset of pain. It was noted in the field that the patient had a pulsating mass in the abdomen and two large bore IV's were started. Medical control notified our ED of the situation and we immediately requested STAT ultrasound and blood bank support. Specifically noted are Denton Fire Department personnel-Dean Andrews, Eddie Cranmore, Hill Fitzpatrick, Ken Gold, Alan Hempstead, Don Lauer, and Randy McCurley. upon arrival, the patient was indeed hypotensive and appeared to be suffering from a ruptured abdominal aortic aneurysm. Ultrasound confirmed the diagnosis and the patient was quickly taken to surgery for definitive treatment by Dr. Mizer, The fact that this patient survived such a devastating problem, which has an extremely high mortality rate even in major trauma centers, is a definite compliment, They performed in an outstanding and professional manner. I'm proud to be a member of the team] Sincerely, Robert L. F{ od M.D., Ph.D Assistant Medical Director Denton Community Hospital `n' \rrrh Sion me R,.r, [Irn mn. Icv,t. 'P301 I,y I 1'IN.'fM 10 fw'411 tl'IH-'0-I w • 'F-- 41 LYDICK & ASSOCIATES I~~5. A C41$m o/ & pche, A Soooney CMS,Wrwn Co 1633 Rogers Road • P 0 Bo, 467 • Fort Worth, Tewas 76101 ESIAVShed 1914 8173361123 FAK 317 336 ,16 GENERAL CON TRACTORS • HOUSING DIVISION i hQ TOWN HOUSES • APARTMENTS • FINE HOMES V l l February 9, 1995 Y Bob Castleberry, Mayor 215 E. McKinney Denton, Texas 76201 Dear Mayor Castleberry; We would like to take this opportunity to express our appreciation for the way Jim Thune helped us with our project for flood control at the Greenwood Funeral Home. He was courteous and helpful with the things he showed us at ,our power plant. The information he assisted us with will be very beneficial to us as we begin our work at Greenwood Funeral Home, Sincerely, LYQICJ&SOCIATTES 1 ds, Estim„tor • a Ix A~ § i~ ' ~ r rr~lpd r>rrr all 1n 1~ J I't w • riORTH DENTON CENTER Nl:IGHPCRHCDD AGG^CIATION 'ebruarv 14. 1.995 ilcrvd Harrell, City Manaarr City Jf uentcn : 115 E. 'lo,innev streat Denton. TX 762:1 Dear Mr, Harrell: We would like to express our pleasure in recently working with Barbara Ross and Jerry Clark cn the matter of speed humps to reduce speeding on long residential streets. As you may recall, this was identified by neighbors as an issue they wanted to address when we first started our COPS program in the summer of 1992. Since then, members of a neighborhood committee have worked with your staff on this. It is a real pleasure working with such courteous, helpful professionals. We hope you will pass along our thanks to Mrs. Ross and Mr. Clark. Respectfully vour3, Gene Truss, Chair North Denton Center Neighborhood Association , cci Dr, Harold T. Perry, City Councilman Citizens Traffic Safety Support Commission • t k~l ' ai r tj d tifF~Y}~~.icYCilt,~ : "r, AM,~ °iC~,y~ j •`la • • NORT4 DENTON CENTER NE1GHPORHCOD AS5CCIATlur4 l a FebrioAe-v, 24, 1'3'3 ilovd Harrell, City Manager City of Denton 215 E. McKinney Gentor, TX 76:'01 Dear `Ir, Harrelli kecently we had the Pleasure of continuing to work: with your staff en the issue of soeedinq on long residential streets In our neighborhood, I beca71e reminded of the tine job Police Ct,1ef Michael Jez has done for us :n several matters, Neiahbors are certicularly orateful for his year round, auality enforcement of tFe r''-risance :ri_nanca nn an impartial basis throughout our entire eiantortccd. fecArrinr, elctlerts exist with amolified music at several )'Caf _:ri"s .P5idaa the fnirorok.lnds. Therefore, thi:; impartial enforcement is vg", imoorrant to neiahbars. T are workinq with eis to stay Involved and uohold standards which contribute -storing auality and dianity to the neighborhood, Please give Chief 3ez our sincere aparecie. 'n, and we hope tie will pass it t" Pis pcl.:e officers who serve all the r.iti,~ns of our Citv wittr dedication' and intearity. Pesoectft,lly yours, Gene Truss, Chair North Denton Center Neiahhorhood Association i 4 • cc; Dr. Harold T. Parry, City Councilmon s ~ e i i i 1 r t A ~ y 6 • w • i TEXAS WOMAN'S UNIVERSITY 1! i DEN roN r D,1I I.,ISr IInusi /~0' 7I(~ I'I 11 SICM. PLAM1 I ( lJ _1 CU- Ib. ±2939 0mion. TX 71,21N-OY39 Phone 41"49hJ111 M=i 1'r 11 I`a4,i t ^11', Lloyd Harold, City Manager c 6 Denton city listl 215 E. Mckinney Denton, Tx 76201 Deal' Mr. floiold, I wlsh to hake this 01Jpol°tunit} to r-xtencl In you and the. City of Norlton EIof:II Ica1 Dlvl_;i(,if onr deep I -rpieclatI .in for their- fast and prompt attention to rot-),lnr electrical problems we have had at T W.H. MI' R.iIuIli K1 inke, Mr. Ralph Harpool and their crews hlrvf, hoom rrx l toner- l y rospons f ve to our proh l ems and emergent l es. Mcr:t recent IN we have had sei lou.s electrical outages at T.W,if, t!ffeclin,g 13,200 and 2400 voltage systems which resulted in major r.utageS t I I crf tICa I buf Id ins operations. Their response, day .:Teri rllght, has boon no less then spe_taLular• This last week we 11'all ,1 ronIractor damage one of our main 2400 volt feed IInes to .1 dormitory which houses women and rhIIdren. I'he electrical repair dr'prirtmenl responded within 15 m!nutes and what could have been o 11.,ng mite+ge wati repatred and back on line In less then }yours. In thy- past 1 have had the good fortune to work with one crew more, then others. I would like to specifically recognize the followiri,g p, -F-iple for their positive attitude and their „get it clone" approach to out. problems. Mr. I:'lly TUr'ne Mr. titevf,, Barron Mr. Max Eagle M1, Time Bridges • 1 inrm,ig. r of prwiple md l.he Supervisor of Mechanical 'trades at T lv.111 7 al=n recognize the value of "team splrlt" and as far ar I [1j) c oncernfni, the electr icaI repair r:fepartmont of the !71 ty of Dent .r1 has that splrlt, ® Rcr pcactful ly ' • + Phillip B. Garrison cr: Mr. 13 aIph K I I n k e Mr . Ifar,pool AC:nwq~rehrrr.,!1'u6lir rlrrrfrrrif4!'rirndrilV lu nSvirrrt ' +tnfqunf OplnAuuilVi+l/rirrnnrireadinrr £nrldnWV_ 0 `F 0 • oourv7y- DEPARTMENT OF PUBLIC WORKS VEHICLE MAINTENANCE DIVISION February 27 , 1995 Lloyd Harrel - City Manager - City of Denton City of Denton 215 Fast McKinney Denton, Texas 76201 Dear Mr. Harrel, l would like to bring to your attention this departments appreciation for your Electric Distributions Underground Crew consisting of Joey Tomeo, Steve Barron, Max Cagle, and Jim Bridges. Their professionalism and cooperative nature is quite commendable and should not go unnoticed. They worked together as a team , were very helpful , and attentive to detail. I hope to have the pleasure of working with the them again during the next stage of this project. I would be proud to have men of this caliber on my staff. Yours truly, Mark Richroath Vehicle Maintenance Manager, Denton County cc: Bob Nelson - Director of Utilities ICI ' • 306 N. Loop 288 Suite 115 • • Denton, Texas 76201 l • m • r rr r , L O POO CRY OF DENTON, TEXAS FIRE D PA TUENT March 3, 1995 + Brenda Burton Parks & Recreation Dept. 215 E. McKinney Denton, Texas 76201 Re: Van Fire on February 22, 1995 r Dear Ms. Burton: On February 22, 1995 Courtney Carter was driving a Parks Van going to McNair Elementary. The van started smoking as she turned onto Hickory Creek Road. Her quick actions in my opinion saved the lives of the children on board. She navigated the van to the rear of the school and without panic orderly exited the children into the building. Her calm attitude and quick response to the situation is exemplary. She then returned to the vehicle and turned the ignition off thus preventing more danger. This stopped the flow of fuel to the fire. She obviously went above and beyond the call of duty. As Fire Marshal I would say you have an excellent employee and she deserves recognition for her brave behavior. The City of Denton should be proud to have her employed with the Parks Department and caring for our most precious cargo, our children • In the interest of fire safety, Rick Jones Fire Marshal • xC: Betty McKean • • Janet Simpson it? WEST MaKINNSY STREET DENTON, TEXAS 75201 nvrieic /Ain Km aiin PAW (11171 AA"Ifta • a • ' 1809 CTt3 nw 0~ pNgpn, Toms 78201 c z~ 4 Ree 1 ell' G~ 1 , i 1 4 1 • c> O IC TY OUNCIL ,V SV r ti • p 4 • O 1) +4rOM t~4*' ~ ~ 0 / I J i r • as • i I i I:Df= i I IL I F