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HomeMy WebLinkAbout12-05-1995 r w r CITY COUNCIL AGENDA PACKET 12-5-95 i I I ' tt1 5"s: ~S~ - rs i r' is i Apeoda No. Y., AGENDA Apenda Rom CITY OF DENTON CITY COUNCIL pall December be 1995 Closed Meeting of the City of Denton City Council on Tuesday, December 51 1995 at 5:45 p.m, in the Civil Defense Room of City Hall, 215 E. MoKinney, 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;45 p.m. 1. Closed Meeting A. Legal Matters Under TEX, GOVT CODE Soc. 551.071 1. Receive informafi^n and confer with city Attorney regarding loyal advice on an ordinance or resolution to prohibit the carrying of concealed weapons in city facilities under Section 551.071 x and Section 551,075 of the Open Meetings Act. 1. Consider and discuss defense of and the settlement of RPS Ventures, Inc.. at al y. City of Denton and Webber and Barnes y. City of Denton pending in the 362nd District Court under Section $51.071 of the Open Meetings Act. s B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board. Appointments Under TEX. GOVT CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, December 5, 1995 at 700 p.m, in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following atemr will be conside.:- 1. Pledge of Allegiance 2. Consider approval of the minutes of August 15, 1995. 3. Presentation by Sandra Lewis representing Mothers Against Drunk Drivers, 1 t, Citizen Reports A. Receive a citizen report from Carl lliams regarding i • Citizens Police Review Board. B. Receive a citizen report from John )ber regar supporting neighborhood represents', in Lty government, C, Receive a citizen report from Carol Freeman regarding the City donating a lot at 736 Schmitz Street to Habitat for Humanity. c~ • City of Denton City Council Agenda AW& ft December 5, 1995 A"Wi Ittm Page 2 W D. Receive a citizen report from Dessie Goodson regarding the City of Denton and SPAN. E. Receive a citizen report from Joe Dodd regarding noo segregation. 5, Public Hearings A. Hold a public hearing and consider adoption of an ordinance amending the Detail Plan of the Villas of Piney Creek to allow the location of a temporary concrete batch plant for the construction of the roads. The subject property is located on the southwest side of Colorado Boulevard, northwest of San Jacinto Boulevard. The property is located in PD-6 and consists of 15.413 acres. (The Planning and zoning Commission recommends approval 6-0.) B. Hold a public hearing on the use of approximately $1.5 million in community Development Block Grant and HOME Investment Partnerships program funding and on the Community Development Citizen Participation Plan. 6. Consent Agenda Each of these items is recommended by the Staff and approval J thereof will be strictly on the basis of the Staff recommendations, Approval of the Consent Agenda authorizes the city Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below ar bids ano purchase orders to be approved for payment under the or finance section of the agenda. Detailed back- up information is i'.ached to the ordinances (Agenda items 7.A, 7.B, B.A-8.E). Thi listing is provided on the consent Agenda to allow Council Membe.s to discuss or withdraw an item prior to Y approval of the Consent Agenda. Upon the receipt of a "regt.est to speak" form from a citizen regarding an item on the consent Agenda, tie item shall be removed and be considered before approval of the Crisent Agenda. A. Bids and Purchase Orderst 1. Bid W13 Transit Buses p 2. Bid J-30 - Circuit Breakers 15 KV 0 3. P.O. 1522 - K.V.B., Inc. - EPA Software Ufgrade B. 1"+:Pri Agreements 1. ity of Argyle - Ambulance services 2. City of Corinth - Ambulance Services 3. City of Lake Dallas - Ambulance Services 4. City of Ponder - Ambulance Services 5. City of Sanger - Ambulances services ( ti,) F,MNrNl11~p City of Denton City Council Agenda AW&I December 5, 1995 AWds Hem Page 3 Data 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 01813, ~ 6.A.2. - Bid :1830) B. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.3. - P,O. X61522) 8. Consent Agenda Resolutions A. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Argyle for ambulance services, (6.B,1.) 8, Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Corinth for ambulance services, (6.B.2.) j C. consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the City of Lake Dallas for ambulance services. (6.8.3,) D. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and the city of Ponder for ambulance services, (6.B.4.) V conuidL r al of a rssolutAon ak.,.rcving an i terlo al ambulance agreement be+jeen the City of Denton ^nd the city of Sanger for ambu.ance services. (6.8.5.) 9. Consider adc>tion of an ordinance or resolution authorizing the city Manager, the Acting city Manager or his designee to M prescribe written ru7.es and regulations fOr the safe and orderly use of city buildings and facilities including creating a rule prohibiting the carrying of a concealed handgun in r city building or portion of a City building; making compl,.ance with the rule prohibiting the carrying of a concealed ha.idgun in city buildings a condition of +-he use of Pity buildings; and providir for a severability clause, 10. Haider nominations/appal monte to city Boards and r mmiss.ione. A. Keep Denton Beautiful Board B. Traffic Safety Commission C. Sign Board of Appeals 11, Vision Update ® 0 • A rM~rnr City of Denton City Council Agenda kWA No. December 5, 1995 Page 4 Angina, 12. Miscellaneous matters from the City Manager. 13. Official Action on Closed Meeting Items; A. Legal Matters B. Real Estate C. Personnel D, Board Appointments 14. New Business This item provides a section for Council Members to suggest items for future agendas. 15. Possible Continuation of Closed Meeting; A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVtT CODE Sea. 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 _J, 1995 at o~clock (a.m.) (p.m.) - _ CITY SECRETARY i NOTE; THE ,i" OF DENTON CITY COUNCIL CHAMBERS IS ACCFSSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIOS ACT. THE CITY SILL PROVIVE SIGN LANGUAGE INTERPRETI.kS FOR THE HEARIN IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN A ADVAN/ OF THE SCHEDULED MEETIUG. PLEASE CP.LL THE CITY SECRETJ,RYIS OFFICE AT 566-8309 OR USE TELECt'vIMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-80(-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHE10JLED THROUGH THE CITY SECRETARY'S OFFICE. 0 A00002D4 t A r,. 0 . r 7 DENTON oooaoaadoo~a Y 000 0 p D ,OpO Oo~~ oo D o a n° o d DDO ~ r ~ 00~ tiO00d 000 d No 0000 a CITY COUNCIL r • r IIMrItMw~r CITY OF DENTON CITY COUNCIL MINUTE W August 15, 1995 The Council convened into the Work Session on Tuesday, August 15, 1995 at 4:00 p.m. in the City Council Chambers, PRESENT: Mayor. Castleberry; Mayor Pro Tem Biles; Council Members Brock, Miller and Young, ABSENT, Council Members Cott and Krueger, 1. The Council received reports and held discussions regarding the following budget hearings: Council Member Cott joined the meeting. Council Member Young stated that the people in hie district wanted to supply the Mayor with a knife to work with the municipal pie. His district represented 16.7% of the City and he wanted them to get their "slice of the pie". Municipal Services Municipal Sery .ices/Economic Development Linda Ratliff, Economic Development Coordinator, detailed the functions of the MS/ED office and how the office coordinated with the Chamber Economic Develop- ment office. The proposed budget for the next fiscal year was the same as in past years. They were requesting benefits for their part-time secretary and would be reclassifying the position to a regular part-time position, This position was difficult to recruit, when there were no benefits. Council Member Krueger joined the meeting, Libr r - Eva Poole, Director of Library Services, stated that the library provided a valuable service to the community. Her budget contained four supplemental packages, Additional funding was requested to purchase contracted maintenance to insure the overall integrity of the automated system and to receive maximum return on the investment. Maintenance would provide continued service for hardware, software, telecommunication equipment, the central processing unit, technical support, etc. The Support Services Division reflected a 3k increase over last year's budget, Funding requests would allow the generation or purchase of bar codes for the two libraries, Adult Services reflected a it increase over last year's budget, Additional funding would allow the lease of multiple copies of certain books. Youth Services reflected a 39t decrease in funding. Last year there was a one time package for replacement of books. There were no new funding requests for that division, The Branch Services Library Division reflected a 21% • decrease due to last year's one time operational costs for the branch library, Supplemental funding would allow for the purchase of a library book security system to help prevent the loss of books from the library. t 3 i QJ . e i City of Denton City Council Minutes August 15, 1995 Page 2 Council Member Young asked about the progress in allowing young people to ride SPAN free of charge to the library. Poole `stated that due to the low usage of the program, it was decided not to continue the program, it could be reactivated if enough children indicated a desire to use the trolley, Council Member Cott asked if there was an extra charge to patrons to lease books. Poole replied that there was no extra charge except if the book was returned late, If that happened, the charge would be $,15 per day. Council Member Cott suggested looking at that service again. If the City was providing that kind of an extra service and it was costing the city, the patron shculd pay something for that service, Consumer Health/Animal Control - Nonie Malo-Kull, Manager - Animal Control and Consumer Health, presented the budget for consumer health which was not requesting any additional funding for the proposed 1995-96 budget. The Animal Control budget was proposing the following budget changes: a new vehicle, for 1995-961 - an additional $3550 to bring the other animal control units up to safety standardal a package for maintenance on the crematoriuml and an increase for overtime pay for the staff, Council Member Cott asked if the department had enough aanitarians for inspection of restaurants. Kull replied that Denton had a responsible restaurant business and she was comfortable with the level of service the department was currently providing. Unless there was a large increase in demand for service, she was comfortable with the service level, Council. Member Krueger asked if the off-duty on-call officers drove • their v=.hir.l a home. Kull replied yes. Council Member Krueger asked if they had to maintain the vehicle such as washing the vehicle at the office, etc. • Kull replied yes plus changing tail lights, head lights, etc, ' Facilities Manape~al!t - Bruce Hennington, Facilities Manager, reviewad the duties of his department. His budget was less than last year due to the fact that last year his department had budgeted for 23 one-time projects which were all completed, The • , V c i 4 0' r t AWOh Item City of Denton City Council Minutes Oad1 August 15, 1995 Page 3 budget was proposing five packages. Packages for facilities management were determined by one of two methods. if there was a building need from any department, it was submitted to Facilities Management before the budget process started, That need was placed in a package, checked for pricing and then ranked. The packages were ranked by safety, code, how the package would affect the citizens and how it would affect programming.` Those packages were then submitted to the Executive Staff for review. The second method for determining packages wan to include it in the facilities management budget which would be an on-going cost, Those were usuallyy one-time packages which were building needs. The packages for this year included; (1) a 3/4 ton truck which would replace an old vay; (2) a secretary position for the division, (3) renovation of the Traffic control Center, (4) replacement of fire doors at North Lakes and Denia and reconstruction of, the rest rooms at the Senior center, and (6) a refrige--ate recycling system to take freon out of the chilling units and recycle it. Parka and Recreation - Ed Hodney, Director of Parks and Recreation, stated that Parks was composed of three divisions - operations, administration and leisure services. He detailed the operations of these divisions. The Administration Division had one supplemental requeat which was. a total replacement of the MLK Center phone system. This was a used system when ins'alled and the equipment was no longer available for repair. Janet Simpson, Superintendent of Leisure Services, presented the budget for Leisure Services; She stated that they had proposed' three supplemental packages. one was for utilities for the American Legion Building. Th.~ second was for a pool contr....... r for chemicals at the Civic Center Pool. The third package was for a 15 passenger van. The Recreation P'und was asking for four packages'- recreational center equipment for all recreation centers; preschool equipment; starting block platforms at the Civic Center pool; and furniture at the Senior Center. Bob Tickner, Superintendent of Parks, presented the job descriptions for his department. Packages for equipment included the replacement of a back hoe; replacement of three pickup truckal two mowers for the cemeteries; a large area mower; a flail mowerl and three diesel riding mowers. 0 Council Member Miller stated that he had read an article about the YMCA offering its pool to the city, • 0 Hodney stated that the department was looking at the proposal but it would take some t.iate to gather data associated with the proposal. Such data would include information on what it would take I s # ~a tr~.h' • MMM M~. City of Denton City Council Minutes py Auqust 15, 1995 Page 4 to operate that pool. Council Member Brock asked if the Parke` Department considered contracting out any maintenance work which City personnel currently performed, Hodney replied that he had looked at some contracting,` specifically a request which would have used additional general fund money to contract out work to free existing staff which was needed in other areas. It was cheaper for the City to perform its own mowing rather than contracting it out, Council Member Young stated that he noticed tractors going to different jobs in different parts of the City which caused wear and tear on the engines. He suggested having specific areas around the, City to house equipment so that it would not have to be moved to so many locations. The council convened into a Closed Meeting on Tuesday, August 15, 1955 at S;00 p.m. in the Civil Defense Room, 1. The following items were considered in Closed Meetings A. Legal Matters - Under TEX. GOVT CODE Sec. 551,071 B. Real Estate Under TEX, GOVIT CODE Sec, 551,072 C. Personnel/Board Appointments Under TPX, GOVT CODE Sec. 551.074 1. The Council held a diecussi.t.n' regarding the appointment,_ employment and evaluation of the Municipal Judge, The Council continued the Wcrk Session on Tuesday, August 15, L995 at 5;30 p.m, in the City council Chambers, F;v'SENT, Mayor Castleberry; Mayor Pro Tem Bilen; Council MemLars Brock, Cott, Krueger, Miller and Young, ABSENT; None Emergency- Services - Mike Jez, Executive Director for Emergency Services, presented the Polire Department budget, The two major • divisional goals for the next fiscal year were to operationalize the department's record management computer system and the complete implementation of the Community Oriented Policing Strategy program. Two packages for this budget includod the reclassification of a O . . ~ p: k iSlj~~i~l .!v V.,q ,t l•i9 ~ P26, ry'y i`; c Y • - p • f - City of Denton City Council Minutes August 15, 1995 Page 5 clerk position to a statistics secretary and the replacement of three traffic radar unite. An additional supplemental package was for the completion of training for the K-9 officers. Currently the dogs only performed narcotics detection and additional training would include tracking, building search and handler protection, Council Member Miller stated that there was a question of the court bailiff having more hours 6o work than one officer could handle. Jez replied that to date the extra hours performed by the court bailiff were absorbed into the Police Department's budget, The problem occurred when the bailiff went on vacation or wao sick plus was contingent on the Judge's court docket. He had an agreement with the Judge to absorb the cost in this fiscal year for overtime and Judge White would consider a pant-time bailiff in next yearn budget. Council Member Cott asked for a review for continuing the take home vehicle policy. is., stated that in his previous report he had indicate) a number of reasons to continue the program. One was that the City had already incurred the largest cost associated with the program which was the up front coat of vehicles, it also enabled the City to mobilitte- resources when needed and the fact that vehicles were parked in neighborhoods helped decrease the fear of crime. Council Member Young asked if anything was being done to increase the number of Afro-Americans in the Police Department, Jez replied yes that one individual was being hired as a jailer, The civilian duty officer program was formally done by officers and now was being done by civilian officers, There was an effort to attract young people in protected classes who might be interested in a police career. • John Cook, Fire Chief, stated that he had several packages for consideration. One package was for a half year funding for a supervisory position in communications. The Operations Division had two packages - one for an inflatable boat for street flooding and drainage ways flocdingi and the addition of six fire fighters. The staff recommendation for deployment of these new fire fighters • would be to place a fourth fire fighter on Engines 2 and 3, Council had asked for additional options regarding staffing and station • • locations. One option would involve reactivating Central and closing Station Three which would be moved to the Airport. A problem with this option was that there would be some service gaps along East University, There might also be response time problems F C3 . r • . .•h•...e.r ( } G ~ ~ F51 Y1 y~ j •i•• AW42 N1 Awds hm o~n City o Denton City Council Minutes . August 15, 1995 Page 6 in areas south of. the Interstate.. Another. optlion. Was to not reactivate Central but build a new station near. the intersectioa of Maple and Carroll. Then: would still be a service gap along Past University but coverage was provided to the downtown area and the south aide of the Interstate. It also picked up more area on the north end of Tchnship If. Council Member Young asked if there were any Afro-American fire fighters. Cook replied not at this time. Council Member Young asked what the City was doi~.lg in regards to that situation Cook stated that there was an extensive recruitment program which went to many universities, job fairs, and military installations to recruit individuals to the City. Council to mber Young asked for the number of people employed in the Fire Department, Cook replied there were 103 employees, none of whum were African- American, Council Member Young asked why, Cook replied that there had been 'very little turnover in the Department and very little opportunity to hire African-Americans because of the number of people in the civil service system, So far hone had placed high enough on the exam for them to be selected. Council Member Young stated that he had seen paperwork where a list of Afro-Americans had passed the test and one had made a 93 and one a 91. When it got to them, that was when everyone decided to • change and hire fire fighters who only had tire fighter certificates. Cook replied that the Courts had indicated that cities needed to go by the list and the scores and the City rarely had gotten below the score of 93, ® Council Member Young felt that this situation needed to be changed quickly. Changing the system to another eystem of hiring fire fighters with only certificates might be discriminatory, He wanted 1 minorities in the Fire Department and it looked as if the City was 1 trying to keep Afro-Americans out. j ,~tt~f}yyy}}}~~~~ • ABM ~ AW41 IMF ONt Cit:}- of Denton City Council Minutes August 15, 1995 Page V City Manager Harrell stated that part of the problem was that according to the civil Service law, the eligibility list was only valid for a certain period of time and the last list was a six month li&t. Cook stated that 100 of the clerical staff was female and 25k of Fire Marshal staff was female. It was important to understand that with the examination just given where the system was changed, there was not significant time to recruit as it was important to have an examination quickly in order to meet a pressing need, City Manager Harrell stated that staff had been frustrated as well in not being successful in hiring protected classes in the sworn fire department area, Staff had explored with Council the possibility of setting tip two civil service lists and hiring off those lists to try and help guarantee the hiring of protected classes, The City was not able to do that due to prior court decisions. There were two areas not successful in hiring protected classes. Those areas were in sworn police officers and fire fighters where there were strict State Civil Service rules to follow. Council Member Krueger asked if there would be adequate fire fighters if Central was opened bringing the number of stations to six, cook replied that six stations could not be opened with existing personnel. Council Member Krueger asked if there would be adequate staffing with six new additional fire fighters. Cook replied tLat it would depend on how those six were deployed, One option was to take the truck crew from Station Three and mo,,e it to Central. That crew also cross staffed an ambulance, The &ix new fire fighters would allow for the replacement of that crew and staff a third ambulance full time. There would be marginal banefits with that option. Council needed to consider purchasing some type of alternate piece of equipment, such as a quint, which would maintain aerial capability. This was important as there were many apartments and strip shopping centers in Denton, The snorkel was currently in the shop and did not work much. If the Council • provided additional funding for a piece of equipment plus deployed • 0' the six fire fighters as suggested, improvements would be made ir, emergency medical services and in fire protection for the community, _r Council Member Krueger stated that part of that was in the CIP. • p • ~oa+a w. AQ" WM City of Denton City Council Minutes August 15, 1995 Page B Cook suggested not waiting until the CIP. To take a truck out of service now to reopen Central might result in problems before the equipment was received. An alternative would be to add three positions if the equipment had to wait for the CIP. Council Member Biles asked if the combination squad was included in the $121,000 line item for services for this budget. Cook replied yes. Council Member riles asked if a quint was purchased, where would it appear in the budget. Cook replied that it would be in the operations budget and would be a motor pool item. City Manager Harrell stated that that figure was not represented in the proposed budget aE the budget ,-lid not propose adding that item. Council Member Biles stated that the only dollars in the budget were for six months of a squad. City Manager Harrell stated that that was a separate package. One alternative for staffing and opening central was to put on a quint and a squad. That was an additional squad over and above the one recommended. If nothing was done in regards to Central, there was still a squad which would be recommended for purchase. Council Member Cott stated that all that was in the budget was the addition of six people for six months, The addition of one person to f, li of the six stations did not make a lot of difference on how that station operatE.l. Cook replied that the budget included six fire ighters for twelve months with five stations unless the council di-ected the reopening • of C rtral. In that case, existi.ig personnr would have to be red, loyed. or Castleberry asked for more specific information regarding an e,cimated cost for a volunteer reserve fire fighter program. Ile asked for the number of fire fighters and paramedics on a squad. Cook stated that assuming that company levels remained at Station A; Three, the squad would be placed in a non-fully staffed station. Three individuals would man that piece of equipment. Mayor Castleberry asked for additional information regarding this .tssue, and if possible, an illustration of a bquad. . 0 • • MM111 klfll , , City of Denton City Council Minutes alf August 15, 1995 Page 9 Council Member Krueger asked for a list of cities which had purchased a squad. Council Member Young left the meeting, Transportation Engineering - Berry Clark, Director of Engineering, stated that Engineering was requesting approximately $30$000 less than last year. There was a net drop as an individual was transferred to the Transportation Department, Two vehicles were requested for the Engineering inspectors. A copier was needed for the move to City Hall West, as well as a QIS uninterruptable power supply source and right-of-way software. Two work r,tations would be upgraded, Transportatl - Clark indicated chat Transportation was asking for the replacement of two bucket :;rucks and the replacement of one work truck, Council Member Young returned to the meeting. Council Member Cott asked why the City did not contract out for street paLching. Street - Clark replied that the City did its own work as it received a better quality of work than what was seen from contracting out. Council Member Krueger stated that $275,000 was budgeted in 1994.95 for street cut reimbursements, an estir.;:'_- -r $330,000 17- th'n year and 1,100,000 was heing propose': Clark ~Ieplied that U... was an active season this summer, This was gene-ated by water and sewer and if there were many breaks in the linr., the number migh; vary, • City Manager Harrell stated that water and sewer were not expErting to do as much replacement next year ae wa3 done this year, Clark stated that the street Department was requesting severe] vehicles for the next fiscal year including a rubber tire roller, a pot hole truck, a cold mix truck and the repair of a front end • loader for overhaul of the current truck. + The council convened into the Regular Meeting on Tuesday, August 15, 1995 at 7:00 p.m. in the Council Chambers, T,~~ • 0 ~ 5, lx{~ uri~barF,::,r fft.,~i~ r(¢~T'tf.~{,5i,tr~' A A Aplete N0. Agenda Ittm , City of Denton city council Minutes Dato August 15, 1995 Page 10 PRESENTi Mayor Castleberryt Mayor Pro Tem Biles! Council Members Brock, Cott, Krueger, Miller and Young, ABSENT; None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of June 13 and June 20, 1995, Biles motioned, Cott seconded to approve the minutes. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger gave", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A, The Council received a citizen report from Nancy Jessee regarding Denton County's proposed bond issue. This item was not considered. B. The Council received e citizen report from Dessie Goodson regarding street drainage and streets in general. Ma Goodson sta"-I that area wher^ she lived tbere ware prom . :'ith d,.w... ge. -,walks needs., a safer t., they we and tree Limbs needed to 'ie cut awe )m the sidL lks so peop't could wal : on the sidewalks. She .:11 needed ar, -ere regardii her SPAN bill.. ~r • 4. Public Hearinc- A, The Counc 1 hel.. puplie hearing and considered adoption of an ordinance anending the Detail Plan o.: Lot 4,: to include retail as a permitted use. The subject propert,,consisted of 0,611 acres and was in PD-156. The property was located between S. Elm Street and S, Locust Street, approximately 140 feet north of A Prairie Street. (The Planning and Zoning Commission recnmmeuded • r approval 4-0,) Frank Robbins, Director for Planning and Development, stated that there was no opposition for this change in ttse and it did not amend the site plan. The only difference between the minor amendment and 0 k 5 , "1 aL.,l • ANnet M~ Cixy of Denton City Council Minutes A August 15, 1995 Page 11 the detail plan was that office and retail space would be allowed, The Mayor opened the public hearing, No one spoke in favor. No one spoke in opposition, The Mayor closed the public hearing, The following ordinance was considered NO, 95-148 AK ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN OF LOT 4R, BLOCK 270 ORIGINAL TOWN OF DENTON, A 0,661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED FORTY FEET (1400) NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST STREETS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 POR VIOLATIONS THEREOF! AND PROVIDING FOR AN EFFECTIVE DATE: Brock motioned, Biles seconded to adopt the ordinance, on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously. 5, Vartr.nces A. Co?r cil considered a ariance to Section 34 (b) (p•,ivate road requirements) of the ',ivision and Land Da opment Regulations, for the proposed S, a n-Miller Additio,, The 76 acre site was located on the wf tit a- a of Tom Marsh,,, i Road in Denton's extraterritorial jurist ction, (The Plannin,and Zoning • Commissic recommended approval s-0,) Frank Robbins, Director for P' nning ar, oevelopment, stated that tl,ts was the third variance w- hin a sul vision which the Council had considered over the last six monthb Staff was working on amending the ordinances so that there might not be go many variances to deal with, This type of subiiivision was a very large • lot, single family residential subdiviEd on located in Denton's • i extraterritorial jurisdiction. This variance dealt with the requirement to have access to a public fitreet or a private street in a planned development. This was in the extraterritorial Jurisdiction with no zoning. The proposal was for a private street not in planned development zoning, The Planning and Zoning • e.-. - 0 u r.> s 'G City of Denton City Council Minutes A"WA r" August 15, 1995 D* Page 12 Commission recommend that the variance be granted to allow for a private street in the extraterritorial jurisdiction where the City did not have zoning. Council Member Cott asked why the City would want to do this, could: it be reversed and why was this better than concrete or asphalt, Robbins replied that the concreLe and asphalt related to the next variance. This dealt with whether there should be public or private streets, Council Member Cott asked how the City knew that the streets would be maintained. Robbins replied that the final plat would require a guarantee for its maintenance. There would be a note on the final plat that the City and County would not accept this property for maintenance by the public. This would be a private street, allowed by ordinance, but without a planned development, council Member Krueger stated that this type of development was discussed in the Council's planning session. He asked what type of utilities were there. Robbins replied wells and septic tanks and would not be connected to the Bolivar water company. Council Member Krueger asked if this was something the City might want to take over in the future. .ity Manager Harrell stated that staff discussion in the planning session dealt with the city's relationship to the Bolivar Water system and what stand the City should take as development happened in the extraterritorial Jurisdiction. The position articulated was that as there were regulations in the extraterritorial jurisdiction so that when an area started to urbanized and more densely developed, there would be pubic improvements in place that would II not place a great burden on the citizens of Denton to upgrade those facilities to bring up to standard. With water, the strategy was 1 that as long as the area was rural, the developer was responsible i to extend a water or sewer line to the property if needed for development. Council Member Cott asked why the City would want to wait and later M' have to upgrade that road. City Manager Harrell stated that the variance with a private road would be allowed within Denton's city limits if a planned • F . Apr* w. City of Denton City Council Minutes DW August 15, 1995 Page 13 development was done. Zoning could not be done in a rural area and with the homeowner's agreement this would be a good arrangement. Young motioned, Brock seconded to approve the variance, on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock' "aye", Biles "aye!', and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered a variance to section 34.114 (3) (paved standards) of the subdivision and Land Development Regulations, for the proposed Stateson-Miller Addition, The 76 acre site was located on the west side of Tom Marshall Road in Denton's extraterritorial jurisdiction, (The Planning and Zoning Commission recommended approval 4-0,) Frank Robbins, Director for Planning and Development, stated that the City standards for a private street was 6" of lime subgrade and 5" of asphalt which was the same standard as a public street, The Planning and Zoning Commission felt that for this private street ;gavel could be provided rather than meeting City specifications. A condition was that the road be 20' wide to accommodate emergency vehicles rather than the 15' proposed road. Biles motioned, Miller seconded to approve the variance. On roll vote, Miller. "aye", Young !aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered a variance to Section 34-114 (17) (sidewalks) of the subdivision and Land Development Regulations for the proposed Stateson-Miller Addition. The 76 acre site was located on the west side of Tom Marshall Road in Denton's extraterritorial jurisdiction, (The Planning and Zoning commission recommended approval 4-0,) Frank Robbins, Director for Planning and Development, stated that this variance dealt with the requirements for sidewalks on internal streets, This was a request for a variance from those provisions as there would be no requirements to build sidewalks on perimeter streets. Miller motioned, Biles seconded to approve the variance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock A "aye", Biles "aye", and Mayor Castleberry "aye Motion carried • • unanimously. i ,tf, 6• ,}rf~~ t ~j 7 ~y • • City of Denton City Council Minutes August 15, 1995 Page 14 6. Consent Agenda Brock motioned, Biles seconded to approve the Consent Agenda as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders 11 Bid #1781 - Turbine Generator Inspection 2. Bid #1778 Distribution Transformers 3. Bid #1782 - Brochures for Parks and Recreation 4. P.O. #56685 - American Management Systems, Inc. 51 P.O. #56686 - IBM Corporation 6. RFSP 01749 - Telephone Maintenance 7. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 7.A. - 7.D. Biles motioned, Young seconded to adopt the Consent Agenda Ordinances 7.A - 7D. On roll vote, Miller "aye", Young "aye", Cott Jaye", Krueger "aye", Brock "aye", Bites "aye", and Mayor Castleberry "aye", Motion carried unanimously. A. NO. 95-149 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICESt PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.2. - Bid 41778) 6,A.3. - Bid #1782) B. NO. 95-150 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORt AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.I. - Bid 41781) C. NO. 9S-151 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR ® PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE • FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW uXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS) AND PROVIDING AN EFFECTIVE DATE. I (6.A.4. - P.O. 456685, 6.A.S. - P.O. 956686) F.a . IMI WWI MM~1 Nh City of Denton city council Minutes August 15, 1.995 Page 15 D. NO, 95-152 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICESI PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, (6,A.6. -RFSP #1749) 8, ordinances A. The council considered adoption of an ordinance amending section 22-32 of the Code of Ordinances, chapter 22 (Parks and Recreation) prohibiting the possession and/or consumption of alcoholic beverages in all city parks, with the exception of the Civic Center Park. (The Parks and Recreation Board recommended approval.) City Manager Harrell stated that this ordinance implemented the recommendations made by the Council during the work session regarding this item. The following ordinance was considered; NO, 95-153 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THAT PORTION OF CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO ARTICLE II. ENTITLED "PARK RULES", BY PROHIBITING THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN ALL CITY PARKS EXCEPT CIVIC CENT^F PARK; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLI(" " °HI PROVIDING FOR A SEVERABILITY PROVISION; PROM' 140 FOk R PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIO1A'i-IONS OF THE PROVISIONS HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. * Young motioned, Biles seconded to adopt the ordinance Dessie Goodson asked if the ban would be in all parks, Mayor Castleberry replies] except for the Civic Center Park, Goodson asked why that was an exception. e Council Member Young stated that the people who elected him asked him to bring up this issue as they felt that it was not fair to allow alcohol at other parks and not at Fred Moore Park, This item was discussed at a Council meeting and was returned to the Parks and Recreation Board for a solution. That Board felt that all i . A 1 0 `""M°•"wM.. City of Denton City Council Minutes A0*j ft" August 15, 1995 Page 16^ alcohol should be removed from all parks with no variances and just allow it in the Civic Center Park. This was a central park and the main park for the City. The people in his district felt this was fair. Denton was against alcohol in parka but felt that for certain activities such as the Jazz Festival and other activities like the Juneteenth celebration it would be fair to have alcohol in that park. Goodson felt that prohibiting drinking in all parka would be fair. I, On roll vote, Miller "aye", Young ilaye°, Cott "aye", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried with a 6-1 vote. B. The council considered adoption of an ordinance authorizing the City Manager to execute Amendment No, 1 to an agreement between the City of Denton and the North Central Texas College (NCTC) for the purpose of allowing for the construction of parking improvements in the vicinity of NCTC campus. Ed Hodney, Director of Parks and Recreation, stated that, in accordance with a lease approved by the Council in June of 1992, the City leased 12,000 square feet of office and classroom space to the North Central Texas College in the Denton Municipal Complex, The lease was for a 10 year term and expired in June of 2002. The term was for a rental rate of $84,000 per year which increased yearly. The College was provided 100 parking spaces. After the Collego occupied its space, the City began to receive a number of complaints dealing with inadequate parking around the Complex, Staff started to implement a plan for parking -:xpansion which included the ng of additional property to E;:commodate parking around the c;ompc x. The proposal was to e•.(.pand one existin, parking lot to allow for easier parking in the area and to poV,e the area if needed. In order to offset. ne expenses, stcf.f negotiated Amendment No, 1 which provided far an annual parking 0 assessment of. $10,000 )er year which would be payable on a monthly basis, if approved 0a, amendment would be effective September 1, 1995 and would create 70 additional parkirr4 spaces, The following ordinance was considered: NO. 95-154 e AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE 0 CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH CENTRAL TEXAS COLLEGE (NCTC) FOR THE PURPOSE OF ALLOWING FOR THE CONSTRUCTION OF PARKING IMPROVEMENTS IN THE VICINITY OF NCTC CAMPUS, 01 ~ a MI{IR~ Ili. City of Denton City Council Minutes Data....- August 15, 1995 Page 17 AUTHORIZING THE EXPENDITURE OF F(rNDS THEREFORE! AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously. C. The Council considered adoption of an ordinance approving the city of Denton 1995 ad valorem appraisal roll, Jor, Fortune, Chief Finance Officer, st.ated that this item provided for formal approval of the 1995 appraisal roll, This was the roll presented to the Council on July 25th which was not under protest. The following ordinance was considered: NO. 95-155 AN ORDINANCE OF THE, CITY OF DENTON, TEXAS, APPROVING THE 1995 APPRAISAL ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and 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 Camp, Dresser and McKee, Inc. for professional engineering services relating to establishing a fee or charges under which a municipal drainage utility system may be funded. City Manager Harrell stated that. this discussion regarding establishing btorm water fees began in 1990. At that time, the reason for bo3ginning that discussion was that the Environmental Protection Agency was in the process of implementing congressional legislation which would require cities over 50,000 population to implement a storm water program which would require the treatment of storm water from a quantity standpoint rather than a quality standpoint. Under Congressional regulations, the whole area of water standards and protection of runoff into streams and lakes, identified storm water as an area which needed to develop plane and • treatment in such a way to improve the quality. The Council decided to investigate a storm wale" fee av that time and appointed a 19 member committee made up of a cross section of Denton citizens. The Committee took a year to deliberate that issue and Ap * th. City o1i Denton City Council Minutes Ago" August 15, 1995 Page 18 provided a comprehensive report to the Council. The Committee recommended that a storm water utility be formed and a fee be assessed. As the report came to Council and primarily necause a majority of the council had questions about the seriousness of the EPA requirements, the Council decided not to move forward at that point in time. At the Council's July planning session, the storm water fee was again discussed. From that session, staff was asked to prepare a plan for the Council to demonstrate if such a fee could be implemented by January 1, 1996. It was felt that the primary reason for looking for a storm water fee had changed. The Congressional action was still in place which mandated that storm water quality had to be addressed but the deadlines for compliance were moved back. It was now felt that the current CIP had $9 million worth of storm water improvements in that proposed 5 year CIP. That CIP had not been voted on yet and would not be ready until February, 1996, Most of major storm water projects, unless changed, would not occur until year 4-5 of the five year CIP. It was the Council's concern, based upon expressions of need in the community, that work should oe accelerated. If a storm water fee was adopted, revenue bonds could he issued to do those $9 million projects in 1-2 years inat~ad of 4-5 years. The second item dealt with storm drainage maintenance, one of highest concerns was storm water drainage maintenance for which not much money was allocated but many citizens needed. The needs could not be met due to insufficient resources. Looking at the technical necessities of items which had to be done in order to implement the storm water management fee, it was felt that consulting work was needed to perform the various calculations necessary to assess the fees. If there was no predisposition that this kind of fee made sense, it was wise to not mak- the allocation of $50,000 for this study. Bob Nelson, Executive Director for Utilities, stated that the consultant had proposed a two phased approach. The first one would be an interim rate policy which would go into effect January 1996. Recognizing the short time frame, it might not be possible to do the detailed refinement of each parcel of property so industry and national averages would be used. nrproximately a year later those rates would be refined and in January 1997 the refined rates would be implemented. T2,a interim rate for single family, duplex Gnd multifamily would be considered as one residential unit with a flat fee. Non-residential property such as commercial and industrial would be custom billed based on actual, land parcel area and an average of impervious areas. The action plan would be to evaluate the existing utility billing system to determine its capabil.`..ty to accommodate the storm water utilityl evaluate availa-)le data sources with tax plats, maps, and aerial photographs; develop a schedule, develop a data management spreadsheet and train staff on customer data collections assist the ~e • r 1bMd11b. ~ Aanda tum City of Denton City Council Minutes Date August 15, 1995 Page 19 City Attorney in drafting utility fees and ordinances, and assist with public meetings and meet with City staff on a weakly basis if needed. Nelson reviewed the achedula for the 1996 bond election and drainage fee time table. This schedule had been discussed with the consultant and they felt they were not able to move ahead faster than presented. The total consultant fees would not exceed $50,000. Mayor Pro Tem Biles stated that lie was still interested in the fee and agreed that the reason for the Interest was different from several years ago, There was a problem in Denton which must begin to be addressed. He had a problem with the cost of the consultant fee when a report prepared by the citizen committee was compressive including consideration of issues and fee structure. He understood that there was a short time table and this would be man power intensive. Nelson stated that many times a consultant fee might deem high. There was a tremendous amount of work to implement this which the city had not done before. There were a number of intricate issues regarding the billing and many issues to deal with when dealing with a multitude of different properties, Each commercial property had to be dealt with individually. The Utility Department had lost a number of key staff who normally would have done this work and just did not have the people at this time to do the work, Mayor Pro Tem Biles'stated that the consultant had proposed a two phased process with interim fee structure and a regular fee structure. He felt that Council could make the determination regarding home of these issues and felt that much of this information was already done. If staff could determine the rate structure, why was a consultant: needed Nelson replied that there were many other issues which required the advise of a consultant who had been through the process a number of r times. Mayor Pro Tem Biles asked for those issues. Nelson replied that he could not list all the multitude of steps needed to resolve the process. There were multiple questions on how to handle types of property, what were the difficulties experienced by other cities, etc. • City Manager Harrell stated that there were many cities which had implemented this fee system. He was not aware of any city which did not use a consulting firm experienced in suoh a fee sy.gtem. Those cities used a consultant bLcause State law provided for ' „ 1 1 :i t~ ~ f r 3 ~ .~tt~; r~~~"tltl ~ +1Vi~;~} . 1 ~ 7 City of Denton City Council Minutes va August 15, 1995 Page 20 certain steps which had to be complied with. This was a complex system which needed to be done in the correct legal form. Knowing the staff limitations at this point in time, there was a need for the expezties of an outsic'.e consultant, Mayor Pro Tem. Biles asked if the cost estimate could be reduced if Council felt the cost was too high. Nelson replied that it could be researched, Council Member Krueger felt that there were people on staff who could do the job, If Fort Worth and other cities had already done this, then Denton could follow their ordinance. Council could set a rate structure which would be fair and equitable for all involved, The public already had a wrong impression of the fee and it appeared to him to be too high, He suggested a fee structure of $2 per household, $10 on every business and $5 on every non-profit organization per month, Nelson replied that the state legislature indicated that a precise formula had to be used to calculate the charge and had to be based on impervious area of the property. A determination needed to be made regarding the amount needed through the fee and then determine how to achieve that goal, council Member Cott felt that the drainage system was started in the 1930's and had always been maturing, The City was trying to find enough money to rebuild the system so that the next, years were better. If this was a serious problem, then the need was to go through the General Fund and not a tax increase, Council Member Young stated that there was a drainage problem in Denton, Storm water was either directed down a ditch or down a street, The streets were in poor condition due to that process. The Wastewater Utility District was needed but was something which • the people needed to vote on. He was in favor of proceeding with the time schedule but felt that staff could handle the project. He was not in favor of hiring the consultant, Young motioned, Krueger seconded to not fund the consultant, Cr:uncil Member Miller felt that the basic issue was whether it was • a good idea to have a storm water district or not. At the Manning Session, council stated that one problem with the drainage issue, the storm water issue and the CIP was that the city never seemed to get there. He felt it was a good idea to look at the storm water issue but that some type of outside help was needed. If the City went through the process itself there mi,3ht be credibility problems O 1NKi 1 I S Agenda Rem City of Denton City council Minutes August 15, 1995 Page 21 because no matter which answer was found, the citizens would feel that the City found the answer it wanted from the start. If the council did not approve the consultant, he felt that the Council was not really supporting the idea of a storm water district, If the Council supported the district, then the services of a consultant were needed, Council Member Brock felt that there were two issues, Ove was the Council's attitude of establishing a storm water district and the other was whether to hire a consultant. When the council looked at this issue earlier 4jhe was against the establishment of the district. one reason was her question about the urgency of the EPA's requirements and another was a concern about the fee structure that the committee had developed, she felt that this was a very complex issue and the committee did good work but that the fee structure was cr::tica.l. A consultant was needed when the overall expenditures for this system was considered, Mayor Pro Tem Biles stated that casting a vote on the contract was not sending a message about the storm drainage issue itself. His position on this contract was not indicative of the merits of a drainage fee. He felt such a fee served all property owners with equitable distribution of storm water problems. His concern was over the fee of the consultant. There was already a vast 'amount of information at the City's disposal and the fees would not be that complex to determine. He agreed that the city would need help with these issues but could it be done for less, Council Member Krueger stated that hisvote on this ordinance was not an indication of whether or not he was in favor of a storm water drainage fee. Rather than take all the projects at once, determine what type of fee structure was needed to replace that $7- 9 million, City Manager Harrell stated that as the 'Council went through the type of fee structure it might want to implement., those were options, staff did not have a recommendation in those areas, There were three different scenarios regarding a-fee structure and several alternatives which might be considered, one was to visit with other consulting firms to determine if the scope of the vior.K could be pared down, Cities often temporarily hire outeide people to deal with special projects and after that project was completed, b the people were no longer employed. The alternative was to gear up the City staff to handle these project-o as they came along, The third option, if Council was interested in proceeding with the project but uncomfortable with the coat of the consultant, was to return to several firms to try and reduce the scope of work with a lesser contract price, or return with a price tag of cost to hire i4 t' 1 , 1 IY fX ~J ?Y R', , • a~ • r { Y 1! C City of Denton city Council Minutes August 15, 1995 ~AlWr Page 22 Oslo staff for the City to do the work, A determination of projects and activities currently in progress in the Utility Department would have to be done and if the work was done in-house these items would have to be put on hold to take on this special project, Nelson stated that he was not sure what could be cut from the current scope of work. He felt the consulting; work was needed for drafting the ordinances, simplifying the billing system, for one or two of, the three public hear:,ngs and one policy meeting. He felt that for the council's proteckFion some external advice was needed, Council Member Young stated that he was against the consultant contract and felt staff could handle the work but was not against the idea of the fee. This would be a new tax and he did not want a new tax. He felt the people should vote on the issue and was against the consultant. Council Member Cott stated that a fourth alternative was to take this through the General Fund even if other city projects had to be reduced. Mayor Pro Tem piles stated that he appreciated the value of a consultant. Determine what was needed from the expert and then determine the fee. He suggested deferring the item to the next meeting. Mayor Castleberry stated that the utility fee was a tax and he was not ready at this meeting to decide on the issue. Fie would be ready to look at the issue after the budget was set. If a>utility fee was done, he wanted to be sure that the tax rate was lowered; He did not feel delaying the issue one month or until there was additional information would be a problem, The CIP Blue Ribbon committee could, proceed, If Council desired to proceed with the fee, the amount could be taken out of the CIP, City Attorney Prouty stated that the schedule was prepared with the idea of having a bond election in February, if that was moved back and if it was important to have it decided before the bond election, the procedures and notices needed for the fee might put pressure on the Council to resolve the issue before the bond election. There was possibly a risk that the date of the bond { election might be impacted if council hcl to have this resolved and • established before the bond election, City Manager Harrell stated that the driving force was the January 1st implementation date. By delaying this issue until September 12th which was only a month, Council could still keep on schedule but not implement the fee by January 1st, a ~ D ~1 1 ava ~ , sa r I City of Denton City Council Minutes August 15, 1995 Page 23 Mayor Pro Tem Riles asked if staff could return in two weeks to make a decision on the contract, Mayor Castleberry stated that he was not comfortable with the issue until after a decision on the budget, City Manager Harrell stated that the January 1st implementation date might be delayed a month if the issue were held until after the budget but that was not a crucial date, The crucial decision was whether to proceed with the fee before the CIP :-lection in February, Council Member Miller stated that the Blue Ribbon Committee report had to be completed by January 2nd. City Manager Harrell stated that the fee would not be implemented but a decision would have been made by then on whether or not to implement a fee. Mayor Castleberry indicated that he was more comfortable with considering the item. on September 19th. Council. Member Young stated that he did not want to fund this item at this meeting but rather to have the contract returned with a lower price in two weeks. Miller motioned, Biles seconded to defer the contract to September 19th, Mayor Castleberry stated that this was not a motion to amend. It was a stand alone motion to be voted on prior to the original' motion, on roll vote of the amendment Miller "aye", 'Young "nay", Cott "ayell, Krueger "aye", Srock "aye", Biles "ayeand Mayor Castleberry "aye Motion carried with a 6-1 vote, City Attorney Prouty stated that a motion to table took precedence over any other motion and once passed, any other motion was mute, The motion was to table until September 19th. On September 19th there would still be a motion to not fund. e E. The Council considered adoption of an ordinance authorizing the Mayor to execute a lease with American Legion Post No, 840 for the lease of the American Legion Building in Fred Moore Park, a i f ANnd~ Ne, City of Denton City Council Minutes M4 "M August 15, 1995 0ah Page 24 Ed Rodney, Director of Parks and Recreation stated that a lease had " been negotiated with the American Legion Post No, 840 for the building in Fred Moore Park, The primary effort of the `lease, which replaced a 1953 lease, was to facilitate the renovation of the building -for senior use. This kind of use was what the Counuil anticipated and expected when they approved, in 1994, the CDBG funding for the project, This ordinance would cancel the 1953 lease and provide for a new lease for 10 'years with an additional clause for 10 years. The Anerican Legion Post would continue to use the facility as negotiated subject to applicable City policies and regulations, including restrictions on the consumption of alcoholic beverages, The Legion would be required to annually submit a prepared schedule for their use of the building. Other uses from the City would also have a schedule. Tt was anticipated that the Legion would use the building on weekends while the Seniors would use the building during the week. There also was a provision that the schedule could be altered with tha, consent of both parties. The following ordinance was considered, NO, 95-156 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LEASE WITH AMERICAN LEGION POST NO. 840 FOR THE LEASE OF THE AMERICAN LEGION BUILDING IN THE FRED MOORE PARK1 CANCELLING' THE EXISTING LEASEI AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Miller scaconded to adopt the ordinance, Council Member Miller stated that the Legion would use the building on the weekends but some weekends it could be available for other' entities, Council Member Young stated that the senior citizens would have the building during the week, if a special event was needed the building could be used by another entity, Rodney stated that one clause of the lease indicated that if after the echedule had already been set, either entity wanted a change in the schedule, it would be allowed. • Council Member Young stated that the Legion would like the City to • help them find another building, The Legion could then turn this building over to the City and go into a new building, Mayor Pro Tem Biles stated that there was no monetary consideration paid in during the term of the lease. - c~ • City of Denton City Council Minutes I `fie~~ August 15, 1995 J' Page 25 City Attorney Prouty stated that was the wording of the original. lease. The original lease stated that the only consideration was that the American Legion would construct a building and at the end of the lease turn the building over to the City. They also had an agreement to maintain the building. The only difference in the lease was that it was shortened to a ten year lease with another 10 year option. The city would maintain the building. The other lease gave the Legion exclusive rights to use the building and there were some strong legal questions about the City's ability to do that. Council, Member Crtt asked about the $100,000 whichwas going to be put into the building. If the Legion wanted to leave what would happen to the money and thr, building. Council Member Young stated that the $100,000 was to remodel the building. Council Member Miller stated that if the Legion no longer wanted to use the building, it would be for the senior citizens to use instE:.,d of tho Legion. City Attorney Prouty stated that the Legion had not maintained the building and there were significant problems with the building, A , significant amount of work was needed to be done to the building., Rodney stated that the $100,000 :would include design work plus ADA requirements. There was much interior work which needed to be done' including a kitchen for SPAN use, the roof needed to be replaced and foundation work was needed. City Attorney Prouty stated that one of considerations was the Legion agreeing to the terms of the lease, One major term was that the prior lease gave the Legion exclusive rights and `complete` control over the buildings On roll vote, Miller "aye", Young trays", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "ayes'. Motion carried unanimously. F. The council cons dared adoption of an ordinance authorizing the City Manace.r to execute Amendment No, 2 to an b agreement between the City of Denton and the Denton Chamber of • i Commerce for the purpose of providing for a program to promote economic development. I F, 2 . fi7G7k to eV Z r i Aotmdo No, City of Denton City Council Minutes Apsndoltem August 15, 1995 Page 26 Dato_ Betty McKean, Executive Director for Municipal Services/Economic Development, stated that this ordinance would provide the additional changes to the agreement between the City and the Denton Chamber of Commerce, There was one procedural item which needed to be corrected in the document which the City Attorney would explain. City Attorney Prouty stated that the change was in the ordinance, The ordinance authorized the City Manager to execute the amendment, when it should be the Mayor as the amendment was being signed by the Chairman of the Board of the Chamber of Commerce, McKean stated that the major changes Included that the members on the EDTC could not be an employee of the City or the Chamber and not an elected official. The members of the EDTC would select one member as the chair and would adopt their own rules of procedure, Mayor Castleberry stated that included the officers and employees of the Chamber no that it would be an independent body. council Member Young stated that to make it very independent a motion should be made to not a ".ow any past Chamber presidents to be a member. Mayor Castleberry stated that the presidents were elected officials, Past chairmen were considered an officer. ::ouncil Member Krueger felt that the intent of the original motion was to keep this body a non-partisan entity. A chamber officer was not an elected official and the membership should 'stand as was originally indicated, Mayor Castleberry stated that he could not see excluding the city council but that was what was passed and it should be equally applied to officers of the Chamber, 1E the Intent was to have an independent body it should not be dominated by either the City or 0 the Chamber, Council Member Cott stated that since the group would be dealing with funds provided by the City, he felt the four City people needed to be able to control. the funds, Mayor Castleberry stated that the Council was responsible for the funds given by the Public Utilities Board to the Economic • j. Development group. As it was indicated there was not a'good balance. Council Member Miller stated that this was the economic development transition committee, l O;t 1 S s s 4 i S) F-, Sr fr y "~Y~y kkkkk • • f i. ♦ Lk City of Denton City Council Minutes ApeftftM August 15, 1995 CQI Page 27 Council Member Cott stated that it was the economic development committee and the transition had been eliminated, Council Member Miller stated that it was agreed that an. economic development transition committee would be established and would replace the current Economic Development Advisory Board, The purpose of the economic development transition committee., would be to determine what would replace the program which was now in place. This group would cease to exist at some point in time if Council approved the recommendations such as a sales tax or corporation, The group would only spend money allocated for the study and spend money currently allocated for the economic development program which was in place, McKean stated that the on=going operations and maintenance expenses of the offices of Economic Development would remain as they were, The expenses referred to in the ordinance were for special studies or travel related to that study and research, The transition committee would bring a recommendation to the City Council and the Chamber in recommending what: the final structure would be. The City Council and Chamber would then make a final determination on the recommendations and a final determination on what the final membership would be, Council Member Miller stated that by agreeing to this for the transition committee and agreeing to this for the current advisory committee, the Council was not necessarily agreeing that elected officials could not serve on whatever permanent; organization came into place. McKean replied correct. Mayor Pro Tem Biles stated that the basis for his motion and the reason it was put into the contract was to depolitiealize the transition so that Chamber staft or City employees would not be on i the transition, it was anticipated that Chamber and City staff would be assisting the board as was done presently, The following ordinance was considered, NO, 95-1511 • AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE • CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PURPOSE OF PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC t DEVELOPMENT! AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORt AND PROVIDING AN EFFECTIVE DATE 1 1 . ~ ~j Fr r ti { t ~c ~~~r~5~ ! zf.♦~~i d~ t w a a: AWM AWA City of. Denton City Council Minutes August 15, 1995 Page 28 3 Biles motioned, Krueger seconded to adopt Lmendment No, 2 as written in the agenda back-up so that the only exclusions were elected officials defined as City Council people, and Chamber staff and City staff. Mayor Castleberry stated that it was written in the contract that this seven member board was an interim board and not the permanent board of the economic development corporation. Mayor Pro Tem Biles stated that was correct, Mayor Castleberry asked for another explanation as to why Council members were excluded. Mayor Pro Tem Biles stated that it would put Council on both ends of the equation. The Council would be on one end considering funding and on another end considering how much to get. The Council already was able to appoint four members of the board. Mayor Castleberry stated that he did not, see a reason for the exclusion. Council Member Brock expressed concern about accountability. Elected officials were the only ones directly accountable for the public money going to be spent. There needed to be acme trust, in the people providing the money, Council Member Miller stated that the agreement indicated that a final report would include recommendations for the proposed organizational structure, budget for the EDC, a final draft of the charter and an analysis of the sales tax as a funding option as well as an analysis of other funding options. If the economic' development corporation was developed using sales tax,, that committee had to be appointed by the City, Council and would not be shared with the Chamber. He felt the study would have to be done . in a way which the Council and citizens would agree with. This group would have to be held accountable for providing recommendations which would make sense and which would take the group forward. if this were going to be a permanent board he would have a different feeling. He questioned why a recommendation for the corporation was needed in January when the final report was not to be completed until March. Miller motioned an amendment to take out the reference to January 31st and have a report from the committee on March 31st, Mayor Castleberry stated that the exclusion of any City Council member was a bad move and would not be in favor of the contract. • • r AWsh No. City of Denton City Council Minutes AplAObm August 15, 1995 Page 29 Mayor Pro Tem Biles stated that his motion was to adopt Amendment No. 2 to an agreement between the City of Denton and the Denton Chamber of Commerce as written, McKean stated that Mayor Pro Tem Bilea was asking the Council to conHider the entire document shown as Amendment No, 2, Council Member Miller asked if Mayor Pro Tem Bites would 'accept a friendly amendment regarding the changing of the dates for the final report. Mayor Pro Tem Bites stated that he would not accept the friendly amendment because when the recommendations were read on page 2, they all indicated to develop funding for the EDC. It was necessary to know before having final recommendations whether or not to have a corporation, Council Member Cott felt that the January 31st date was better to start with and then be late rather than have an original later date. Council Member Young called the question, Council Member Miller stated that he wanted to offer an amendment to the motion, Mayor. Castleberry stated that calling the question took precedence over an amendment and it required a second. Council Member Krueger seconded the calling of the question. Council Member Miller withdrew his request for an amendment, on roll vote, Miller "aye"" Young "aye", Cott "aye", Krueger "aye", Brock "nay", Bites "aye", and Mayor Castleberry !nay", Motion carried with a 5-2 vote, McKean stated that the second part of the presentation dea:.t with a suggested scenario regarding appointments to the EDTC which were due on October let, It was suggested that council might want to appoint a Council committee and then solicit any number of nominees from each of the Council Members with a statement of qualifications 0 for consideration of the subcommittee. A possible time frame was offered regarding the appointments to the EDTC. J Council Member Cott felt that the process was too long and it was assuming that the chamber was an enemy. The Chamber of Commerce were Denton people and they did not have to go through all of this, ~ • ( City of Denton City Council Minutes ~IMMMM~w...~.....~,... August 15, 1995 Page 30 Mayor Castleberry felt that tho plan was good but that each council member needed to determine one or two names for consideration. More time was needed for consideration. Council Member Cott stated that these individuals were not enemies and Saw no reason to worry about these appointments. Council Member Krueger felt that this was not on the agenda and should not be discussed. McKean stated that there was an item on the agenda dealing with Council committees. This was presented as a scenario to the chamber and brought to the Council with their concurrence. City Attorney Prouty stated that if this item was part of the whole issue to approve the amendment, the Council could discuss it, The Council could have a staff report and not debate among themselves aibou* the report. Mayor Pro Tem blles stated that the agenda item indicated adoption of an ordinance authorizing the City Manager to execute Amendment No.2. It did not indicated anything about Counci: discussing anything about the nomination process. He inu cated thtt rn would abstain from any further discussion because he felt that the Council was out of order and not following the posted agenda, The Council was only to discuss the contract. City Attorney Prouty stated that under the way the item was worded, the only safe way to proceed was to either have a staff report and not deliberate or not consider the item. Mayor Castleberry stated that staff could present a report and °I Council could ask questions of staff. City Attorney Prouty indicated yes and that Council could not • discuss it among themselves. McKeon presented the srenario as submitted in the staff report.. G. The Council coaaidered adoption of an ordinance approving and authorizing the City Manager to execute an agreement for engineering services with Carter and Burgess, Inc. for improvements at the Denton Municipal Airport. (The Airport Advisory Board • recommended approval.) Je3eph Portugal, Assistant to the City Manager, stated that approval of this ordinance would authorize the City Manager to execute an agreement for engineering services with Carter and i W-) • ~41ed~ N0. City of Denton City Council Minutes AperMa ttem August 15, 1995 Page 31 Burgess for the Denton Municipal Airport, A request for proposal wan prepared to solicit proposals for the services with four firms responding. Based on presentations to the Airport Advisory Board, the firm of Carter and Burgess was recommended, fie presented the scope of services related to airport improvement projects and those which would be eligible for funding by the FAA, Tiere was no charge to the city to file the preapplication for these projects, Pending aprroval by the FAA of the project, the City would then enter into an agreement with Carter and Burgess fog the scope of services, The FAA determined the guidelines for payment of the services. The following ordinance was considered; NO. 95-158 AN ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH CARTER & BURGESS, INC. FOR IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORTI AND PROVIDING AN EFFECTIVE DATE, Krueger motioned, Young seconded to adopt the ordinances. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "tiye", Brock "aye", Riles "aye", and Mayor Castleberry "aye", Motion carried unanimously. H. The Council considered adoption of an ordinance amendinq Section 15-5 ("Soliciting business or charitable contributions,') of the Code of ordinances; providing for a permitting procedu.+.e for soliciting charitable contributions) providing for a severability provision; and repealing all ordinances in conflict therewith, City Attorney Prouty presented a revised version of the ordinance based on comments made by Council Members, The ordinance was a redraft of an ordinance considered by Council on October 8, 1993, The ordinance stated that it was unlawful for any person to be upon any portion of the street or roadway including the shoulder or median for the purpose of soliciting charitable contributions or business unless he had obtained a permit to do so. The name of the organization must be provided plus some kind of evidence of charitable status, and a hold harmless and indemnification agreement must be prepared by the office the City Attorney, 0 Originally the ordinance contained both an dndeiinification 0 agreement and insurance requirements but because of the First Amendment problems, it was decided that insurance requirements might be viewed as an obstacle for freedom of speech, This could be true for the insurance requirements as some groups might not be able to obtain or afford the insurance but less likely a as nm°-~F City of Dentor City Council Minutes Avgust 15, 1996 Page 32 restriction for the hold harmless agreement. Another change in the ordinance made clear that an applicant could be allowed no more than two of these permits per calendar year, The ordinance followed the new state law which created an exception to the rule that people could not solicit by standing in the roadway, That exception was for those soliciting for charitable contributions. At the time the law was passed an issue was raised that the law was flawed because it made the exception only for non-profit or charitable organizations and excluded for-profit organizations, The council felt there was a First Amendment flaw with the statute and ordinance which only allowed for an exception for non-profit organizations. The Council requested an Attorney General's opinion to determine whether the statute was constitutional, To date an opinion had not been received which meant that there was some risk. if this ordinance was approved without addressing that problem. The other concern which needed to be addressed was the problem with having the solicitation done on duty by City employees. This ordinance was not specific just to City employees soliciting for charitable contributions. it was known that the Fire Department wanted to solicit for muscular dystrophy. It was recommended against allowing city employees to solicit in the street for charities, Reasons for this opinion was the section of the Constitution, Article 3-52 which prohibited the City granting a thing of value to a private corporation or individual. It was felt that the weight of those opinions indicated that to allow an employee to solicit charitable contributions on City time in a City paid for uniform or using city vehicles would violate this provision. If the Council made some type of finding that it did not, the Council would have to follow a complicated procedure set forth by an Attorney General's opinion which indicated that the services which the City employees made for the charitable organization when soliciting on City time and using City uniforms served some public purpose. The Council would also have to find .hat that purpose was appropriate to the various functions of the City and that the services were provided adequate consideration to • the public. It would also have to be found that the government maintained through she ordinance, control over the eharitIt's activities which were being funded by the government, The ot'aer problems were that there were public safety problems and liability problems associated with solicitation on the streets bc-11h frnm the standpoint that there were third parties which might be injured if these employees were in the street and the individual tried to p avoid hitting that employee. The employee might. also be hit by another vehicle, That tied into the new indemnity ordinance and if this were. authorized, the authorized City employee soliciting on city time could probably say this was being done in the scope and course of employment. If they dial get hurt or if someone sued them, the City would be liable. Once this was opened for one group 0 Y 1 .ire... J City of Denton City Council Minutes am August 15, 1995 Page 33 ` of employees to solicit, all City employees must be allowed to solicit if they obtained a permit and must be allowed to do it on City time. Council Member Cott stated that other cities did this campa.gn for muscular dystrophy and he could not believe that there were other cities which did not care about their own liability as the City of Denton did. / City Attorney Prouty stated that these opinions were researched with regard to the constitutional prohibition against granting a thing of value to a private corporation. Those opinions either p•^ohibited it required that those four specific findings be made, It was very difficult to make those four findings, Perhaps other cities had determined that there was some public purpose to be served which overrode these other considerations. Taking into consideration all of the negatives which could accrue from having city employees doing this or. City time, it was not recommended to allow City employees to solicit on City time, Council Member Miller stated that he supported the ordinance in that he felt it was something which should be tried, He also supported the idea of not allowing this to be done on City time, If the project was worth doing, it was worth doing on the employee's own time, He did not have a problem with the employees being in uniform but should be done on their own time, Council Member Brock asked for a clarification to be sure that there was nothing in the ordinance which dealt with City employees working on City Lime, City Attorney Prouty stated that this was generic from the stand point that it dealt with an exception to the general prohibition :'-.Iainst anyone soliciting in the roadway if a permit was obtained, The issue of whether or not to allow this on City timewas a separate issue. Mayor Pro Tem Biles stated that Section 25.5 indicated a purpose of soliciting business or charitable contributions, He questioned that business contributions was not mentioned in the ordinance. City Attorney Prouty stated that the original ordinance was written l just dealing with charitable organizations. Council Member Miller r raised the point that if solicitation of business or charitable contributions was not addressed in the first section, someone might -ake the argument that solicitation of business was not prohibited in the roadway. When the State law which prohibited anyone from soliciting in the roadway was amended, the only exception was for • ' ` / y l 1 I 1 1 2~ AWAA NO City of Denton City Council Minutes August 15, 1995""'""'" Page 34 charitable solicitations, By the state statute itself business solicitation could not take place in the roadway, in order to follow along with that, the first part was a prohibition of any typo of business or charitable contributions being solicited in the roadway except for a permit to solicit charitable contributions which was the only exception allowed under State law.. Section 25,5,1. indicated that the only type of permit which could be obtained was for charitable contributions, The ordinance might be flawed as well as the State law as it did not allow business or for-profit, enti.tiee to solicit, The State law, as written, prohibited the City from allowing that, Mayor Pro Tem Bites questioned the fact that a business person who wanted to solicit business contributions could indicate that Sections 25-5 and 25-5.1 did not provide for a permit to be obtained. and thus was excluded from obtaining a permit. Council Member Miller stated that the existing ordinance made it unlawful to solicit business or charitable contributions of any kind. The way that the ordinance was written indicated that it was unlawful for any person to stand in the roadway to solicit charitable contributions. Someone could indicate Chat the ordinance did not indicate that it was unlawful to solicit business. The change suggested was to eliminate the solicitation of any kind from the occupants of a vehicle except for charitable contributions having obtained a permit. Mayor Pro Tom Biles stated that the City did not have to regulate it if State law already addressed the concern, He asked for a clarification of the requirement indicating that the charitable organization sponsoring the solicitation. council Member Miller states' that the national organization would be the sponsoring organization, • Mayor Pro Hiles stated that the fire fighters would then have to produce evidence of FDA's status with the IRS, He asked who would execute the hold harmless agreement - MDA or the fire fighters. If it was the Eire fighters, as a group of employees, would every employee have to execute that hold harmless agreement, City Attorney Prouty felt that the City would want every fire fighter working have to signed such an agreement. Council Member Krueger stated that currently there were City employees who solicited funds for United Way during business hours, He felt that there was no difference between the fire fighter or this type of solicitation. The fire fighters needed to be treated • C' , , i, .'F'~r)~~~,i'.v,Tti~Y 1 1 f City of Denton City Council Minutes August 15, 1995 p~ Page 35 the same as other employees. If fire fighters were excluded from wearing their uniforms, the same was to be with other City employees. City Manager Harrell stated that the Legal Department indicated the difference between the two types of solicitation, especially in dealing with the liability which might occur to the City. City Attorney Prouty stated that the point was that both would be soliciting on City time, The difference was that one case would produce a high exposure to liability especially under the new indemnity ordinance and the other case produced a low risk of liability. It was up to the Council to determine whether that was a significant difference, Council Member Brock stated that there was a difference between clothing for an office setting and a uniform. Council Member Youny left the meeting, Council Member Brock continued that the issue was whether to allow solicitation on the roadways under certain limitod conditions. The following ordinance was considered: NO. 95.159 AN ORDINANCE AMENDING SECTION 25-5 ("SOLICITING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, PROVIDING FOR A PERMITTING PROCEDURE FOR SOLICITING CHARITABLE CONTRIBUTIONS; PROVIDING FOR A SEVERABILITY PROVISIONI REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF NOT TO EXCEED $500,00; AND PROVIDING FOR AN EFFECTIVE DATE: Brock motioned, Miller seconded to adopt the ordinance. Mayor Pro Tem Piles asked if Council Member Brock would accept an amendment to delete the word business, Council Member Miller stated that he would have a problem with City employees standing in a roadway soliciting contributions for the United Way, He would not have a problem with a fire fighter going • O in City offices and asking employees for contributions for muscular dystrophy, The main difference was that it was out in the public and not an internal solicitation. The United Way campaign was an accepted standard not only in City government but in private industry as well. +1q City of Denton City council minutes E August 15, 1995 Page 36 Council Member Krueger stated that he was trying to make a point that the way fire fighters attract contributions for muscular dystrophy was equally deserving as the way contributions were attracted for the United Way, Mayor Castleberry asked what the City's liability on anyone, whether a city employee or citizen, soliciting contributions in the roadway or on the median would be if that person was hurt after receiving a permit from the City to solicit funds, City Attorney Prouty stated that if the solicitation was not done on City time, the liability was limited because it was not. beinc done in scope or course of their employment. If it were being done on City time and was in the scope and course of employment then the principles of agency would apply to where the City would be liable for the acts of its employee. Mayor Castleberry asked if the City would be a party to a suit. City Attorney Prouty stated that if a third party, driving a car, hit a City employee or tried to avoid hitting an employee anJ had an accident, that individual would sue anyone and would go for the City. If this were an off-duty incident, the chances of success against the city would be less than if cn-duty. There were certain restrictions placed in the ordinance for the location of the solicitation such as not being able to be in medians or on the roadways, Mayor Castleberry asked what the State law indicated in relation to city employees using uniforms and City equipment, { City Attorney Prouty stated that it did not address that, The State law, until amended, completely banned any type of standing or being on the roadway. The only exception the State law made was for solicitations of charitable contributions, it did not addrean 0 City employees or whether they could use uniforms or solicit on City time. Mayor Castleberry questioned that a previous opinion was that uniforms and city equipment could not be used, City Attorney Proi+ty stated that that was based on another section 0 of the Texas Constitution which prohibited a City from making a gift or giving a thing of value to a private individual, Based on staff's analysis of Attorney General opinions and ethics opinions, it was felt, that it was prohibited or that the Council would have to make the four findings as indicated in the Attorney General's opinion before allowing the contribution of city money or equipment I l l • I t AWAk No. Ap* Wm + City of Denton City Council Minutes August 15, 1995 Page 37 for charitable contributions, If the Council could make those four finding, which would be difficult to do, it would be possible to allow City employees to solicit on duty. It was nct recommended to do that, Ken Gold stated that this was an important issue. When people found out what the fire fighters were trying to do, they would support it, He asked the Council to approve the ordinance for the children afflicted with muscular dystrophy, He felt the issue between the United Way and muscular dystrophy were identical with the only difference being the question of solioiting on the streets. He knew the campaign could be conducted safely is Denton. Mayor Castleberry asked what percentage of the funds collected by the Denton fire fighters stayed in Denton, Gold replied that it would be for Denton County, Mayor Castleberry asked what percentage went locaE y and what percentage went to the national organization. Gold replied that all was in Denton county. Mayor Castleberry felt that that was not correct. He felt that not all that was raised for a rational organization was spent within a city or county, Gold stated that the amount of money raised did not raise enough to cover what was already being spent in Denton County. Mayor Castleberry indicated that he had a problem with the fire fighters doing _th!,j on the job, one minute made a difference and did not feel that this should be done while on duty, on roll vote, Miller "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "nay", Motion carried with a 5- 1 vote. Council Member Miller asked that the issue of soliciting while on duty be placed of the next meeting for discussion, 9; Resolutions A. The Council considered approval of a resolution appointing Bill Giese to the TMPA Board of Directors, rr r r 4 r } 1~.*g') A A4MdA N0, npenda Item ...'.,..~....r.r» City of Denton City Council Minutes OH0„" August 15, 1995 Page 38 The following resolution was considereds NO. R95-040 A RESOLUTION APPOINTING BILL GIESE TO THE. BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Krueger seconded to approve the resolution. On roll vote, Miller "aye", Cott "aye", Kr%,,eger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously, B. The Council. considered approval of a resolution approving the 1995-96 budget of the Uenton Central Appraisal District, Jon Fortune, Chief Finance Officer, stated that on July 18th the Denton Central Appraisal District presented their budget to Council, Since that time the Appraisal District's Board of Directors had approved the budget. This item was a formality as the Property Tax Code provided that the Council had to approve or disapprove the District budget within 30 days of its adoption, The following resolution was considered, NO, R95-041 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1995- 1496 BUDGET OF THE DENTON CENTRAI, APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE, Biles motioned, Brack seconded to approve the resolution. On roll vote, Miller "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried unanimously. Council Member Young returned to the meeting, C. The Council considered approval of a resolution authorizing support for Denton County's proposed new courts building and juvenile justice facility expansion projects. City Manager Harrell stated that this was a request from County e3 Judge Moseley regarding their bond election, • • Council Member Krueger stated that this was similar to the City's CIP process as there would not be a tax rate increase with this. One of the most common questions regarding the bond election was why should this be approved as the money would probably be spent on 7 r 7 !a , 4~'~1 , , M F r fJl ),4'f) F)f! F'; a , Ef')1M.'3 .14r FJEJ> a.i~ Mill ~7~ +;y~r4 r ~1w,,W W1 w 0119, TWO wlm)d nm Wppen tlvs to haw the inoue would I1191 01 ~1W 1„Il lfll , lI Wiici imporl:nnl; to flaild the message that Jiri0d ErP 'pot l t tit llcint;on, Tho now Far1l.Ht, , which was badly Ifi4d:+1W 11 1))Pjl$1 J,t" 1in111, in 11Ain1'c,u, '1'laars 'read r)nfy one city in the f>'!+IUN'V 4MLIh l`ONO fro' loin hill: ,9pl)roved the bond election. i411NISI l NNIgJ401' Yfmo4l III nl oil 01111" ho wan fn favor of the proposal ho ylrll'lb h l I Ei Jip fm ri* 1:110 1 i. wolifil ha l)il llv. ill I)eliton. He felt i hol 1lirih~n'y h7 ,I "fil 0 wllara J V til opped n1. Ituddel.l., needed to be witl wllll,11 i01 1-111olitlll fit) 01111 1 hfllI Aran onlild he develomed, He N1111k1cnal 0II n ;IM:P 11t) r111thito f4mmi l my M exl.-plid Clio street. I talllli~i I mmill wI' 14+1.1= nll,jgt4t'4l Od fill Allondillont. Inli.ariting that the I J i I y Mail Id lit) 11111 11 (ll I)ali1 at1, If nntt t (:hare would be no 111k1111.0la Iiml. 11- 14rildil 1111 Milli _111 Milli=on. (f~lViliill liwillh~+f h;Iltli~rll 1+Itll-ca41 I:Ilait, 11 Wt?1Ll(j ho bu.i:;lt, 1n Denton, }~{i4t S i{1 I N1 1 ilfl 1`r~NF11114. 1sill w4A0 te1Alm itlo l"od Nil, R'a~A, V4 ~1 Iilv~;lldl'1'1i14! ,gfl'1`1i11k1j1 W bAII'1\i T M\ Ia1+N`VON' COUNTY'S PRQFOSRD j~hr1~ +vitl~'t+ {sS111Ei1Mi RANI) MWKN %1l tURVIOR FAi`'UITl RXPANSSON 4'1h? Ilr~ y''~; 91N1~ 1'-1iC1V"liajN~l Kt~V! AN rFYKM1V1W [R1'YS V41 0vy tN•t4 1, 1+1 141t?; at<>;`~ li~j~t,j t n aylttaCe itt ra~3uti as jt ~'~111t;1 it'11 1\'l4 XOmN:) "ANPv , Cot I„nay% vo'. , tk1 v,01 ",j ~ CE, E' , \ ~ t~?y7, Vt~\•M n..., ~~~1'~ :Ldl"4TL'. ~r i45 ~.)l Y„'CB.tl`D~' ji?r'h'` 4.Srt'' 'd, lVi1~u~72'I s . mra tA., vytr`~-\'..t 'i vr,Y i\`4aP ,:r•.,; >.'ll~tr,.il;i. r~.4rr.5a(~^.~:R~t',?u ft"s.3:.1 . \11~\t , r ti9 .a < r4::, :yy 1.7gp; 1'.lt 1, rat.E 44t1 t' t.. '"41'~k .i,i' I;,i.,. :f a ] ~ 11 t.:,1 It r 4tl. tt~.i,i4 i tii1•t ~fJt~~t°FtI~ .it7QV:~a1gtill~;,i„ ?''.T 'i7IH' :ate.. Jt2' at{!_'~~14}n:.{a.7~ .:~..........~.,:..r.... y ....,...w w.waaarM+Wit r rx ur.... , 1' L' t i 'I . r ;'w~ { f , l ,1QPnd11)0. Apenda Item - City of Denton City Council Minutes Oak August 15, 1995 Page 39 something else. That would not happen due to how the issue would be worded on the ballot. It was Important to send the message that this would be good for Denton, The new facility, which was badly needed, would be built in Denton, There was only one city in the County which thus far had not approved the bond election, Council Member Young stated that he was in favor of the proposal but wanted to be sure that it would be built in Denton. Ho felt that Hickory Street, where it stoppea at Ruddell, needed to be extended on through so that that area could be developed. He suggested a note to Judge Moseley to extend the street, Council Member Cott suggested an amendment indicating that the facility would be built in Denton, If not, there would be no guarantee that it would be built in Denton, Council Member Krueger stated that it would be built in Denton, The following resolution was considered; NO. R95-042 A RESOLUTION AUTHORIZTNO SUPPORT FOR DENTON COUNTY'S PROPOSED NEW COURTS BUILDING AND JUVENILE JUSTICE FACILITY EXPANSION PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE, Miller motioned, Brock seconded to approve the resolution as presented. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Bileg "aye", and Mayor Castleberry "aye", Motion carried with a 6-1 vote, i 10, Vision Update Council Member Miller stated that there would be a Cabinet meeting the following evening to discuss the four impact group reports and 0 how to proceed from there, 11. The Council considered nominations/appointments to the City's Boards and Commissions, Mayor Castleberry nominated Robert C, Courtney to the Plumbing and Mechanical Code board, • Council Member Krueger nominated Bill Coleman to the Historic r r Landmark Commission, 12. The Council considered appointments to the Blue Ribbon CIp Committee, r , • F• ApCnda tto. OWN City of Denton City Council Minutes Otto August 15, 1995 Page 40 Mayor Castleberry indicated thst each Council Member would appoint seven people, City Manager Harrell stated that the Council would appoint a chair to the Committee. Council I'lember Cott appointed Gail Garcelon and Glenn darcelon; Bryon and Lois Wooda; Frenchy Rh~ault; Terry Schertz; and Dianne Edmondson. Council Member Brock appointed Kent Miller! Roni Beasley; Jim Englebrecht; Charldean Newell; Ruby Cole; Fred Patterson; and Mark Burroughs, Council Member Miller appointed Jo Ann Ballantine; Roberta Donsbach, Rudy Rodriquez; Eric Billipsr Tom Judd; and Sandy Kr.istoferson. Mayor Castleberry appointed Fred Connell) Mark Hannah; Gene Gamble; George Hopkins; Margaret Smith; Donna and Lawrence McClendon, Mayor Pro Tem piles indicated that he was not ready to make his appointments. Council Member Young appointed Joe Mulroy; Rick Salazar; Troy LaGrone, Fred Hill; Bullitt Lowry; Herman Wesleyj and David zoltner. council Member Krueger appointed Herb Schaake; Spunky Adams; Jerry Falb,.); Fran Miller; and Ken Moran. 13. The Council held a discussion and gave direction regarding City Council committee assignments, The following assignments were made) • Agenda Committee Mayor Castleberry, City Manager, and Council Member Brock, Audit Committee - Mayor Castleberry, Mayor Pro Tem Biles and Council Member Krueger. A Investment Policy Committee Council Member Cott • • Municipal Court Advisory Committee - Council Member Miller, Mayor Pro Tem Biles and Council Member Cott. :.1 y ` I, I! 3 `>!1 5 I t ~ hi ~ t)}'I I~AI!t (I ~t t~ r O~tl City oti Denton City Council Minutes August 15, 1995 Page 21 Vision For Denton - 21st Century - Council Member Miller and Council Member Brock. La'ai Fund Committee - Mayor Castleberry, Council Member Brock and Council Member Young. 14. Miscellaneous matters from the City Manager. Council returned to the Budget Discussions. Airport - Joseph Portugal, Assistant to the City Manager, reviewed the objectives of the Airport as noted in the budget document. One major item for the Airport budget was the installation of a terminal building sewer line. Miscellaneous - Kathy DuBose, Executive Director for Finance, presented the non-departmental miscellaneous expenses as listed in the budget document. The following was considered under Miscellaneous Matters from the City Manager; A. The Council received a report and held a discussion regarding the Quarterly Financial Reports. Kathy DuBose, Executive Director for Finance, stated that this report came to Council three times per year for a three month, six month and nine month analysis. The current yer.r rid valorem taxes reflected the reduction from last year upon l Implementation of the half cent sales tax. The one percent baseu of the half cent sales was up 9;8% as of June 30th. Regarding franchises, TU would be more than what was budgeted, Long Star Gas wag down from budget and GTE ceased paying pending litigation. The Lalor funds were 76* received and the bingo tax had gone up by 1/4th percent, Revenue fees were driven by athletic programs and recreation. Fines and fees associated with the Court of Record were up. Licenses and permits at the end of June had a decrease in building permits and associated fees. Mayor Pro Tem Bilee asked why the estimate for the gales tax was very close to the actual figures but the estimate for the half cent property sales tax was lagging. DuBose stated that the sales tax was implemented October 1, 1995 r1 and did not begin receiving those funds until December as there was a two month lag, The estimate for thn half cent property sales tax was given to the City by the State. i' • w a 110 City of Denton City Council Minutes August 15, 1953 Agenda lNm..._._...~ Page 42 Oath Mayor Pro rem Bites stated that the prediction& should be the same, DuBose stated that the half cent sales tax was implemented October 1 and took two months to be received by the City, She indicated that with 75V of the year lapsed, most of the expenditures were well under budget. The electric utility revenues were under where they were last yeai as were expenditures. The water fund was ahead compared to the prior year, Council Member Young asked about the $3 million in reserve in the motor pool fund. DuBose indicated that when a vehicle was purchased, money was dedicated for future replacement of that vehicle so that when it was necessary to replace it, there were f•xnds available for the purchase. Council Member Young felt that $3 million should have been spent on the fleet in the past, DuBose stated that that money was dedicated for future replacement of vehicles. City Manager Harrell stated that the problem with the fleet was that in the past the City never funded the motor pool. The system in place now was working well. DuBose continued with the wastewater fund which showed that the operating revenues were higher than last year, Council Member Krueger stated that after nine rionths of operation, revenues were slightly up and expenses were slightly down from what was budgeted. There: was a $2.5 million surplus after 9 months. City Manager 14arrell stated that when the proposed budget was r presented, it was projected what the ending revenue and expenditure would be. The "surplus" was then rolled over to the fund balance I so that the sta::ting fund balance would already be accounted for in y the budget, 15. New Business A There were no items suggested by Council for future agendas. r. • 16. The council did not meet in Closed Meeting during the Regular Session. • City of Denton city council minutes 0* August 15, 1995 Page 43 17. There was no official action taken on closed Meeting Items' discussed in the work Session Closed Meeting, With no further business, the meeting was adjourned at 11157 p.m._ BOB CASTI,EBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCao2BO • ' v{ t r: ~ i y" d j~ i I\ \tC ~1 t j:\ t}'III ~.x ,~l, y ' -J-.~..-!._. ,fit 1 r~ t I 1! ri I \I' (,i r i\ ti 1 t 9 ,tr ' x 1 l1 ~ S r, a7 btr'f . S M y i ~ r ~ i G 3~ k. >tn i x ~I ° i i' r : ;vA i ?,q(YI~{ 4 1t,~~t~ yv 1 SrrY; yr( ~``1~ 1) ~`p~~rs t 0 I DENTON ooa 0 D oo°~ ~ OO D d o ca 0 o Q-3 ad ~ p DO~~~ Opp OO~~ r o N ti ~~O d0~aDODO CITY COUNCIL 0 r y. ~ t w A DATE; CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM; Rick Svehla, Acting City Manager SUBJECT: Hold a public hearing and consider an ordinance amending the Detailed Plan of the Villas of Piney Creek to allow the location of a temporary concrete batch plant for the construction of the roads. The subject property Is in Planned Development 6 (PD-6), consists of 16.413 acres, and Is located southk,,ast of Colorado Boulevard and northwest of San Jacinto Boulevard. RECOMMENDAT)0 (r1 The Planning and Zoning Commission recommends approval of the amendment SUMMARY: See Planning and Zoning Commission Report BACKGROUND; See Planning and Zoning Commission Report. 1?i~0 RAIAA~1 S DEPARTMENTS OR CROUPS AFFECTED: No, applicable, FISCAL IMPACT: None. Rospectfully submitted t C" Rick Svehla e Acting City Manager -r. I ~,ri+y 1 , sfx 15 ' _ y , 41" Ii~ i t ti~~ t _e 4~~ q p 1 ~d~'tii 51 e . r S 1 .ill E e • ~ ..•r . 1. . . qlr.. rer a ..~s4 Ut 1. n.Y6£l:R I},Y?~JG~#yr rl * k No Prepared by, \ ~J Walter . Reeves, Jr, Urban Planner ! Approved; Prank Robbins, AIC Director Planning and Development Attachment ki: Planning and Zoning Commisslon Report Allaohment #2; Ordinance. i Attachment R3: Draft minutes of the November 29, 1995, P & Z special meeting, ; .1 1 .i ! k~i' ` ' l.+.r <r e -L! rl f ~fvy~ in~al lyi y ,21A I~!'~~~1~~t~N z • Ali No. PLANNING AND ZONING COMMISSI To; Denton City Council From; Planning and Zoning Commission Date, December 6, 1995 Subject, Z-95.033 GENERAL INFORMATION Applicant; Site Concrete, Inc. 3328 Roy Orr Boulevard Grand Prairie, Texas 76050 Current Owner: Denton Oaks Phase I, LTD. 8100 Lomo Alto, Sidle 180 Dallas, Texas 75226 Actlon Requesting an amendment to the Detailed Plan of the Villas of Piney Creek to allow the temporary placement of a concrete batch plant for construction of the streets. Location; The subject property Is located southwest of Colorado Boulevard, and northwest of San Jacinto Boulevard. Surrounding Zoning a Land Use: North, Single family residential use In PD-6. South; Commercial use in PD-6. East, Multi-family use in PD-6. west: Commercial and residential use In PD-6. Denton Development Plan, Low Intensity Area #62 (72% allocated), 5PEQIAL INF_ QP-MATION The property Is preliminary platted, and a final plat has been approved for Phase 1. BACKGROUND As the Council is aware, this project has been in the process (Detalled Plan, Preliminary and Final Plats) since June 1995, The reason for this amendment Is that the applicant wishes to locate a concrete batch plant on the site for a period of thirty (30) days In order to construct the private streets for the subdivision. A batch plant, whether temporary or otherwise, is not a use that was established by PD-6, or the Detailed Plan of this project. ® M NOTICE Thirty-four (34) notifications were mailed on November 16, 1995. As of the time of Page 1 r l _ r; preparatlon of this report, two replies had been received n 2ositlon. ANALYSIS Given the nature of the issue it Is difileult to provide analysis that would find reasons for Its use In light of the Denton Development Plan, Unfortunately, It Is a temporary use, with a defined timeframe, so conditions regarding landscaping, screening, or buffering would be extremely difficult to enforce, and of little Impact, From a Plan 'standpoint, the property is in a low intensity area. It this were a permanent scenario, staff would probably have recommended a PD to address the long term Impacts of the plant on surrounding properiles, Under a short term time frame like this, normal mltigation Items are difficult to do. Apparently, it Is now more cost efficient, in some cases, to have a small batch plant on site rather than have a continual series of concrete mixer trucks. If this were proposed as a permenant location, there would probably be recommendations for a host of landscaping, screening, and buffering Items to lessen the impact, and the neighborhood would be out In force to see It did not happen. However, given the proposed limited tlmeframe (thirty (30) days) of the use, such recommendations would be useless. Only the streets in Phase I are proposed for construction at this time. The project was approved with three phases. It is possible that another batch plant will be sited for construction of the streets In the remaining two phases. RECOMM_Ej~DATIQN The Commission recommends approval of the amendment to allow for a temporary concrete batch plant, subject to the following conditions, 1, That the site of the plant be as described by the applicant's site plan. i i 2. That the applicant obtain a permit from building inspection for location of the batch plant. Said permit to expire thirty (30) days from the date of Its Issuance. 1 3. That only one (1), thirty (30) day permit be issued for each phase of the project, up to a maximum number of three (3) permits, ALTERNATIVES • 1, Recommend another set of conditions, 2. Recommend application without conditions. 3. Recommend denial of the application. 4. Postpone consideration. ATTACHMENTS ® i. t ocatlon map. 2. Site map. 4 Page 2 i F r . . ✓t v,. tr+hVS!~~sa lilt. AWN IM. ld& ApntdA Rom Dais 11 $NAD---~'S DA ~ k4 OAIf S ~ A y 9 F 1( Ufil Lq ' \ r 01 TO op ,Ja It V4 U.N SITE Laoatiaa map ,t. 1 A A ~ t 'r a r A"nd" Ho, / \I It N" I JYI ^'"'j y Il r I i i 1 J 1{ r ~ 1 ~ ~ X11, r r O I 1/I r \ ~ I!j 1~ \ i ~ A' ~I ~ 1 \I \ Ir j Ilk ~Iv 1, • r r A t bus air 'P i Creed, ~ r r'1 M p 1 l~ . B ll~ (yam 1' Ir 1. ~IIAiM ~ 11 X111 lll i \ _1 1 / r II 1. fir' r I~I lY ',`~..+~r•~1.1 I 1 \ , l 1\ 1 /Jd I i{ d rl ~ 1 ' ' I re 1 / 0 too f 1~ l i 1.1 / H ~ ~ ♦ µnlV ln.•.I ^ ~ , ~ ~ /I . ' \ +1r T f II/ ~ ~~r/ V ~•a 1 ~•.-~/9~`" 11 ~I i > 1,... ill 11 + ~ +,T F f` 'C / `'.1!\\L.~~\•L~ ~y r.+•'•~•1 ; / 1 / 1 /.^'I f~^'0 II 11 ~i ^'.'//1 / /1 {r'!`• 1 ,I Y•\ If ~ r, \ \1C"/ Y y\ h r 1 1 w,. ' ~ ~i//I~'// ~ ~ ~ ~ V lt`I,~f}` I~~+ 1 w ~ ~ \ 1 1 ~ ~Y _i~/r _ ~ rf 1 . + i /f, / ' / •l 1. 1..111` I A1• ~ /I/ S. .,J,'. II a 1 S ////111 ,~•/'D.~ 11 x'111. 1 s ,V I `TIMI ;•f \ A~\ sll r; ;I ,1 4~..; 1; 1 I♦ 1~ /^..i\ iN/ • 1 ! '1 \.I~.. J II l 1 .I' S' l1~"mil ZID /Cl ,I II 111 ~ 1 t ~ •l: >I s;.~,•~=".~~r1?J~•~I::- • j , r ,~!j}. ~ J ' 1 1r I ~ 1 , 1 1 5` L. f APend 4.. , AT'PACIiMRNT 3 Aptna tr , MINUTI':S PLANNING AND ZONING COMMISSION ° November 29, 1"S Special Called meeting of the Planning and Zoning Commission of the City of Dental, TcxAs was held on Wednesday, November 29, 1995, and began at 5;00 p,m in the City Council Chambers, 215 E. McKinney. Present; Katie Flemming, Guy Jones, Rudy Moreno, Bob Powell, Barbara Russell, Ellen Schertz, Absent: Mike Cochran, Present from Staff: Frank Robbins, Director of Planning and Development; Jerry Drake, '.sslstant City Attorney; Walter Reeves, Urban Planner; and Chris Rodriguez, Secretary, Meeting called to order 6,.5:04 p.m. L hold a public hearing and ennsider an amendment to the Deiail Plan of the Villas of Plney Creek to allow the temporary placement of a concrete batch plant for construction of the streets. The subject property is located southwest of Colorado Boulevard and northwest of San Jacinto Boulevard, In PD-6. Ms. Russell read the rules of procedure for the public hearing and opened the public hearing Mr. Reeves: As you read, we wovld rather consider this an addendum to the detail plan. The applicanns are proposing to locate a portable, temporary concrete batch plant at this i location in order to construct the streets for the subdivision. The time frame is for ten days and then It would be removed. I am not sure whether it is to construct all of the sta.%;o or not but ilia is something that we can tie down tonight. If it were to be permanent then there would be questions raised about noise, dust, Intrusiveness. Under today's circumstances it is apparently more economically feasible to locato o batch plant fora few days rather than • concrete mixer trucks driving Into the area constantly, We did have two replies that were In opposition and they were opposed due to noise, dust, impact on roads, I don't think that they fully understood that there wouldn't be any trucks driving through the neighborhood to the north of the property. Ms. Schertz: How do you enforce the ten day permit? ® Mr. Reeves: On day eleven the code enforcement officers go out and If It is still there t' en M it gets tagged. Jean Honey: My name is Jean Boney with Site Concrete. I have on( question (hough, our r .y l: t 4 ,1 f~ A V • ca • ; 101 Aaenda No. P&Z Minutes ne^nda tte November 29, 1995 ea1B Page 2 application was for an approximate ten days and that is if everything Is perfect, it doesn't rain and everything goes as planned. This is a very small job, We propose to only pour Phase 1. That Is what our contract Is for at this particular site. The <<.,•.it should be there ten days. It takes a day to erect it, get your material In. It takes a day to tear It down. The pouring time alone will be about tiix days, when the plant is actually operating. A lot of this job Is a hand pourjob, where the men actually have to work the concrete themselves, rather than use a machine It is a very short term wat the plant wlil be operating. We sent a letter to homeowners. I did not receive any replies to the letters that 1 left on people's dours. I would have been happy to visit with them, Ms, Flemming; What are the. hours of operation? Ms. Honey, It will be from saven to five thirty. We cannot begin operation until daylight. Ms. Flemming: Monday through Friday? Ms, Roney: That will really depend on how the jab goes. We would try to work Monday through Friday, If we have one last day and it Is Saturday then I would ask for permission to work that Saturday and finish and move out. In our business we kind of coi ',der ourselves pro fessional movers instead of concrete placers. We are always moving our piants from city to city, pouring concrete, getting in and getting out. Mr, Moreno; What happens If weather conditiwis are such that you cannot get the job done in doe ten days? WIII you be seeking an additional permit, will you be coating back to us? Ms. Roney: Well. I didn't know that my permit was for a specific time frame. I just gave an approximate time. If it started raining on the first day, l would have no control over that. I would be happy to, if I needed to come back, If It Is raining then we just couldn't produce a product that the city would inspect, I really don't have an answer for that. If you need for me to come back because it doesn't look like ovkc days our going to work then I certainly • could do that. The plant would just be sitting there not active. Mr. Moreno: Why Is It better to do It this way Instead of using an existing concrete batch Plant? Ms. Roney: I don't knew where your Redi-Mix operation is In Denton, b:tt if the plant is J • sitting on-site and I have trucks that are on-site that do not fret off the site to pour, then I • have control of what Is happening, We have big pavers "It takes a lot of concrete to place in front of that paver to pour the street So I am not held up by traffic, or by the Red!-Mix plant having 0 & cus;omers that come ahead of me, Wl:en I come Into Denton they don't 1 i"Y 0.0 • - ~ ~ 1 „ 1 + fi+ n '4vti~ ,~~it~ }{S I'~w~~j'~4 r~u`;t~~~t`~i'~c,~,~l ~~ft~i,~ • - q AOenda _ P&Z Minutes AGlnda Item November 29, 1995 pate Page 3 know me and I don't have a reputation with them, I don't buy concrete from them so I Furl low man on the totem pole as far as my order gelling tilled. So if today I wanted to order seven hundred cubic yards from that batch plant they could say "I am sorry we can't do that for you. You can only have two hundred today and three hundred tomorrow, and maybe we can get you four hundred the next day." This way the job could drag out a lot longer using an outside Redl-Mix source, That Is why we have our own plant, That way we are In control of how quickly that job goes. Ms. Russell; If this were being brought in by concrete trucks do you know how many truck loads that will be? Ms. Bony: A concrete truck can legally haul eight to nine cubic yards of concrete. This is about P. twelve hundred cubic yard job, if everything goes perfect, You just have to calculate that. They may have ten trucks hauling for you on one day and they will just be continuously hauling. When yuu do Roll-Mix for an outside source you can't get all of that in one day. You are talking several days, We will be using dump trucks on-site, not Redl- Mix trucks. Our batch plants are set so that they produce a finished product when the mix comes out of the machine, It dumps directly into a dump truck that dumps Into a machine that we call a placer that has an arm that spreads the concrete for us, i Ms, Russell: What is the impact on the nrl,lhborhood going to be? Ms. Boney: I think that the Impact will be minimal because we have met with TNRCC regulations for our permit. We meet all of the guideline specs for noise and dust levels. All of our plants have to have dust collectors on them so that as the material comes in It has dust shrouds that catch that. I think it will be minimal. To tell you that they won't hear anything would not be true, It still will be minimal, Mr. Powell: bumping concrete wit of a dump truck is a lot quieter than dumping it out of a Redi-Mix Truck. • Mr, Moreno: If I am understanding you correctly, once you get everything set up and ready to go there really will be no traffic around the neighborhood? Ms, Honey: We will have our supplies brought In by Aggregate hackers and they bring Wse In twenty-five ton loads, The will be coming in on I-3:i from Decatur and Bridgeport ® to Loop 288 and then to Colorado Blvd. It looks like they won't be in the residential area • • at all coming Into the site, They will be coming In and stockpiling the rock and sand, and we will try to have that done in two days, As we are putting up our batch plant , . are already getting our stockpile. The only other trucks that will be coming in will oe the 1 G1 Ap njj~-`~` P&Z Minutes o+te ^-fir November 29, 1995 Page 4 , cement tankers that will have to come In to bring, our cement supply. It is not that big of a job. There are not that many trucks that are going to be involved in this, Ms. Russell: What would be your worst case scenario time wise? Ms. Boney: I don't know how to answer that because of the weather problems. tart year it started raining In October and it rained until March. A lot of jobs took longer. I can assorc~ you that it is not in the best interests of anyone to sit on a small job. Mr. Drake: The reason for this question Is because an ordinance is required and the ordinance is for a fixod duration of time. There is no other way of doing iL The idea is that If you have a ten day permit then on the eleventh day it Is a zoning violation which could net up to a two thousand dollar a day fine, What I was suggesting is that the Chair ask you about a pesslmistle scenario to avoid having to come back for another ordinance amendment. Every time that ordinance goes through it has to go through both P& Z and the City Council. There Is a scheduling issue plus a great dera of staff time that goes Into that. You Initially made some statements that led me to believe that ten days was a bare minimum. What the Chair was asking you is what are you asking for taking into account adverse conditions. Ms. Boney: Maybe I should have said thirty days instead of ten days and that would have been the worst case scenario. I didn't realize that when I put down ten days on the application that was the amount of firm that I was going to be given. I should have said that I needed a permit for thirty days. I don't think that I will need it for that entire time. Ms. Schertz: On other Jobs that you have done in other cities, do you not have to come and get permits? Ms. Boney: No. In Flower Mound we used to have to go through P&Z, now we only do if there is an exception to the TNRCC guidelines. There Is no other town where we go through P&Z. Ms. Schertz: The purpose of my question was to get a comparison. 1 understand where you are coming from concerning weather, A question that I have for staff is there a way that we can somehow set It up for ten pourable days? Mr, Drake: The Issue here Is one of proof and addressing the point that Ms. Schertz just made. This isn't the typical situation. Typically these bate )last i-,sues are handled as a 0 Specific Use Permit but because this particular lot Is zoned as a planned development, that there is no Specltia Use Permit allowable, The issue with having ten pourable days is who is to say what is pourable. Now does that affect your enforcement capabilities? My i j 0 • Agenda No. - _ i Agenda Ile P&'L Minutes Vale- November 29, 1995 Page 5 recommendation would be to put In a factor of safety. I am not suggesting that they can't come back. I would suggest that it would be wise to base this on a scenario which Includes a certain factor of safety, Ms. Russell: It seems to me that there may be two things. One would be to put ten operation days. Code Enforcement would know that If It was raining they wouldn't be operating, Or she would need to change the time frame from ten days to some other amount of time. Mr. Robbins: We really should pick an outside limit when the plant would be there and It would be more enforceable. Ms, Honey Can we change It and give me a permit for thirty days? Mr. Reeves: It was ten days in the staff report because that is what was on the application, but if they need thi,ty days then It can be thirty days. It Is just a matter of establishing what kind or time frame they need to get the job done. Mr. Robbins: Would you like to amend your petition to thirty days? Ms, Boney: Please. Ms, Russell: Does anyone have a problem with that? Can we proceed on the basis of thirty days? Mr. Powell; Seemingly It would be for whatever the motion Is that is seconded and passed. Mr. Drake: it is going to be a recommendation to the City Council. Ir you recommend thirty days they are going to consider that, it Is essentially a 7Aning modification, It doesn't Involve a different use category or anything like that. • Ms. Schertz: Is the applicant aware of the three conditions? Ms. Boney: No. Ms. Schertz: I would like to read those and make sure that you don't have a problem with • those, First, that the side of the plant be as described by the applicant's site plan. Second, • • ; that the applicant obtain a permit from Building Inspection for location of the batch plant, That said permit to expire thirty days from date of Issuance and thirdly that only one thirty day permit be Issued for each phase of the project up to a maximum number of three I • oa • kM P&Z Minutes I November 29, 1995 DO Page 6 permits, Ms. Boney: Okay. Ms, Russell: Any other questions? Is there anyone else to speak in favor of the petition? Mr. Ed Bright: My name is Ed Bright and I live at 2400 F.M. 2181. This batch plant is kind of now to the City of Denton because most of the streets are asphalt. The batch plant Is a portable plant. It will be moved In and as soon as the work is done it will be gone. There will be less traffic, it makes for a much smoother operation to have this on-site, We selected concrete because It is a better material for these shorter streets and the tighter turning radluses. Ms. Russell; Is there anyone else that would like to speak in favor of the petition? Is there anyone that would like to speak in opposition to the petition? We will close the public hearing. Does staff have any final remarks? Mr. Reeves: Condition number three was included simply to keep the batch plant from becoming a semipermanent structure. My intent here was so that if the next phase came along that we wouldn't be sitting here talking about a batch plant again. This could create a problem if they couldn't get the streets done in thirty days. There are three phases and If we limit them to three permits and their thirty days runs out and they have to come back and do it again then that is Iwo out of their three permits, There Is a plus and a minus to that condition. Ms. Russell Are they going to have to come back to us on every phase? Mr. Reeves: If the third condition is left in then they could get two more permits without coming back to P&7,. Mr, Powell: I think that I would like to keep condhion number Ihrec, if they do have to • cone back to us for whatever reason, we could change the conditions at that time. If they don't have to come back and they can do It with three permits then that would be good end they can go about their business and think kindly of Denton. Ms. Russell: Any discussion? I think that if there Is some way that we can do it so that they won't have to come back for phase two and three, I think that will save them thne, Ms. Schertz: I move we recommend approval of 7.•95-033 to the City Council subject to the following conditions, One, that the side of the plant be as described by the applicant's J site plan, Two, that the applicant obtain a permit from Building Inspections for location of dl : 4 f a Yy J1}JS}4 ~q~ cl) • LP&Z Minutes to November 29, 1995 Page 7 the batch plant, said permit to expire thirty days from the date of its Issuance. Third, that only one thirty day permit be issued for each phase of the project up to a maximum number of three permits. Mr. Powell: Second= Ms. Russ-II: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign, Approved. (6-0) Before we adjourn could you tell me what TNRCC stands for. Mr= Moreno: It stands for Texas Natural Resource Conservation Commission. Ms, Russell: We have been asking the City Council to do the rewrite/update of the Denton Development Plan and I asked that Mr. Robbins to please put a paoerellp on this because this is definitely an area that I think we want to address, They shouldn't have to come to us for this, maybe we could find out how other cities handle this and change or modify it so that it would not take their time. What do they have to pay for this? Mr. Robbins; it is a hundred and seventy-five dollars, Mr. Drake: The other thing Is that it could have been added to the original detail plan and then they would not have had to come before you tonight. Mr, Robbins: This is not a Denton Development Plan Issue, it Is more a zoning standards issue and those are being rewritten, Staff will come before you in January, You will have a long meeting on December the 13th. We will add this to the list of issues that you have asked us about and we will be prepared to visit with you In January, M❑ Powell: Do we need to read the conditions of the public hearing before every meeting if It Is up on the overhead? • Mr, Drake, I think that as long as it is recorded In the minutes that the rules for the public hearing were posted that It would be okay. Mr, Moreno: I heard the comment after our last meeting that the people out in the audience didn't understand that after the public hearing was closed that they were allowed to speak • if a minority of the Commissioners so wished This was even after the rules were on the • • overhead and Barbara read Ole rules, You have different wople out here each time and they don't really understand the procedures= i • • Away No. Ane,~da t!~m ORDINANCE N°~ AN ORDINANCE OF THE CTTY OF DENTON, TEXAS, APPROVING AN AD6EN1)UW_T0 THE DETAILED PLAN FOR THE VILLAS OF PINEY CREEK, A DEVELOPMENT COMPRISING 15,413 ACRES OF LAND LOCATED WITHIN PLANNED DEVELOPMENT TONING DISTRICT SIX (PD-6), NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF COLORADO BOULEVARD AND SAN •iACINTO BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM A14OU14T OF $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Site Concrete, Inc., on behalf of Denton Oaks Phase I, Ltd., the owner, has applied for an amendment to the Detailed Plan for the Villas of Piney creek, comprising 15.413 acres of land located within Planned Development DistrictSix (PD-6), near the northwest corner of Colorado Boulevard and San Jacinto Boulevard, to allow for the temporary location and operation of a concrete batch plant for construction of streets located within the subdivision; and WHEREAS, on November 29, 1995, the Planning and Zoning commis- sion recommended approval of the requested zoning amendment; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance N' 69-35 of the City of Denton, Texas, providing approval of a planned development zoning district classification and use designation, and Ordinance N' 95-133 of the City of Denton, Texas, providing approval of a detailed plan for 15.413 acres of land located therein, and more particularly des- cribed in Exhibit A, attached hereto and incorporated herein by reference, are hereby amended by adopting an addendum to the Detailed Plan for the Villas of Piney Creek, attached hereto and incorporated herein as Exhibit B for all purposes, in accordance with Division 2 of Article IV of chapter 35 of the Code of • ordinances, said addendum to allow the temporary location and operation of a concrete batch plant, subject to the following additional conditions: 1. That the site of the plant be as described in the addendum to the detailed plan, attached hereto as Exhibit B. • 2. That the applicant or owner, prior to location or • operation of the batch plant, obtain a permit authorizing same from the City's Building Official, or designate, for a period not to exceed thirty (30) days from the date issued, ♦j , `R Apt* No. Apenda Mam Dato,.,_. 3. That only three (3) such thirty-day permits may be issued pursuant to this ordinance, one each for construc- tion of each of the three phases of the project, as shown in the detailed plan. ECS TION II That the provisions of this ordinance as they apply to the 15.413 acres described by Exhibit A govern and control over any conflicting provision of ordinance W 69-35 or its amend- ments and ordinance W 95-3.33, but all the provisions of ordinance (x_69-35 or its amendments as they apply to that remaining portion of the PD-6 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 IFt_ That a copy of this ordinance shall be attached to Ordinance W 69-35 and Ordinance 0 95-133, showing the amendment herein approved, SFCTIQN IV. That any person violating any provision of 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. 5ECT1oN. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed- to cause the caption of this ordinance to be published twice in the Benton 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 day of 1995, BOB CASTLEBERRY, MAYOR ATJPEST ; • JENNIFER WALTERS, CITY SECRETARY BY; • APPROVED AS TO LROAL FORM; HERBERT L, PROUTY, CITY ATTORNEY • 'i 1 { BY; , JF • y ~ ` • ' , ~'f f 1A'` qi i.k ~t;rE ` , :et'rt li J3 t~~y; F Ft" ' ~ S I`jam '(ii4.r} r: f1LLD `0TI:S ..o - - - 4141.f1d BEING Lot 56 in Block A of The Oaks of 'T'ownship 11, an Addition to the city of Denton, Denton County, Texas, according to the Mat thereof, recorded in Cabinet E, Page 13, Plat Records, Denton County, Texas, together w!th Certificate of Correction recorded in Volume 1619, Page 587, and in Volume 1652, Page 130, Real Property Records, Denton County, Texas; BEGINNING at the Northeast corner of the said Lot 56 in Block A of The Oaks of Township 11, also a point on the South ROW line of Colorado Blvd,, (a 70' ROW); THENCE, S 62' 40' 39" E, along said Colorado Blvd„ a distance of 111.90 feet to a 112" iron rod found; THENCE, along a tangent curve to the right having a central angle of 22' 28' 59", a radius of 1222,79 feet, a chord bearing of 8 '51' 27' 00" F; and an arc distance of 479,83 feet to a 112" iron rod found; THENCE, S 40' 1 l' 40 E. a distance of 160,00 feet to a 112" iron rod set; THENCE, S 28' 53' 02" F., a distance of 152.97 feet to a 112" Iron rod set; THENCE, S 49' 48' 21" W, leaving said Colorado Blvd.. a distance of 365;86 feet to a 112" iron rod found; THENCE, along a tangent curve to the right, having a central angle of 12' 49' 01", a radius of 660,00 feet, a chord bearing of S 56' 12' 51" W, and an an distance of 147.64 feet to a 112" Iron rod found; THENCE, S 62' 37' 20" W, a distance of 764.87 feet to a 112" iron fod found; THENCE, along a tangent curve to the right, having a central angle of 25' 48' 35", a radius of 986.95 feet, a chord bearing of S 75' 31' 38' W, and an are distance of 444,59 feet to a 112" iron rod set; 0 THENCE, N 01' 34' 05" W, a distance of 130.00 feet to a 1'2" iron rod found; THENCE, N 01' 18' 07" W, a distance of 60.00 feet to a Sit" iron rod found; THENCE, N 02' 23' 04" W, a distance of 149,70 feet to a point for corner; THENCE, East a distance of 152.66 feet to a 112" iron rod found; THENCE, N 76' 02' 04" E, a distance of 152.77 feet to a 112" iron rod found, r _ tl M t) , A • fHk:NCF, N 62' 37' 21' k:, a distaiceof 7(A.32 feet to a point for turner, ! M THENCE, N 27' 19' 21 ' fi, a distance of 181,46 feet to a 112' iron rod found: THENCE, N 44' 08' 44" W 'a distance of 146.11 feet to a point for corner; THENCE, N 62' 40' 39" W a distance of 260,00 feet to a 112" iron rod found; THENCE, N 27' 19' 21" F,, a distance of 305.00 feet to the PLACE OF BFc31NN1NO and containing 671,390 square feet or 15.413 acres of land r~ r a, ~ k • ~3.,'' ^ 'i` ,}r~r~ l i'~tr f '~"4 ~'4/i:1~a <.Sy~~ +.~N 1~~433,~y ~4~i~~`t 47 Apanda tlo._ ~ - ; • Agenda llem No- , 7- yam. . i 0 A, t'• x:11' rr^- ~f~M Nis rvv/~'~° Alt a e I • .r i n..t . :e• iM1F I•:v fir, 132 ;S t u,S t Y ~ ~ 1'. rl~~ ~ I11 , k"M /.1l ]`II1 -1 11\x\ ` , G I1 ~l ~ ~I 1~ \ 1 I1 ~ .--•~~~,;,1r I u ~ ~ / rl I.ri / ! I. a _ • !171 ~ ~ .w7Z. ~1`~ 4 , f`t I` 1 V \I\\ } ~ ~ , r _rl-II 1, i 4e. y .X ~ ~.:~`11\ l f 1[ • . 1 11 r Y I \ \ f1 1 6. I " a A f DENTON doooa ooaQaooa o do AV ~o o~ o C ~ rp J t d O COO ~ ~ ~ ~pp Op~~ r o N DEC °oaaaooaoo°o ® CITY o 0 r c Q Iwab Nom taw CITY COUNCIL REPORT F AT DATE: 12-05'95 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJ: Public hearing on the use of approximately $LS million In Community Development Block Grant and HOME Investment Partnerships program funding and on the Community Development Citizen Participation Plan. RECOMMENDATION: N/A BACK ROUND: Each year the Community Development Advisory Committee holds a series of public hearings to obtain citizen comments on the use of CDBG and HOME program funding. At least two public hearings are held. Citizen comments are provided to the Community Development Advisory Committee, Human Servlces Committee and City Council before consideration of funding proposals. New regulations required development of a more comprehensive citizen participation process. Community Development staff worked closely with HUD staff to develop the new process and to ensure that it met all requirements. The City of Denton's Citizen Participation Plan is designed to afford all citizens the opportunity to obtain information on community development activities and to encourage participation in the planning process. SUMMARY: The public hearing will include information In both English and Spanish regarding eligible activities, Copies of the Citizen Participation Plan will be available. A survey/comment form will be available ii English and Spanish for those who prefer to comment in writing. After a brief presentation, public comments will be encouraged. Staff will also be J available to respond to any questions from City Councilor the public. PROGRAMS. DEPARTMENTS OR GROUPS A R-CTP.D: A 0 Beneficiaries of proposed projects and programs Neighborhoods Local services agencies 4\ONWORMC0.125 ] City departments requesiing funds A ~k AOMId! I!z' Community Development Advisory Committee Human Services Committee r" FISCAL IMPACT; Community Development Block Orant and HOME funds are provided to the City of Denton on an annual basis. The Community Development Office manages funding from both programs, Staff members are paid from grant funding. CDBO dollars have traditionally been used to provide funding for activities such as parks improvements, street repairs, sidewalk construction/repalr, drainage Improvements, eta Community Development staff members work with other departments to facilitate completion of capital improvement projects, Attachments; Citizen Participation Plan List of Eligible Activities 't'arget Area Map RespectfA~Jy submitted: Itlek Svehla Acting City Manager Prepared by: Barbara Ross Community Development Administrator Approved, A; rank Robbins, AICP Executive Director for tanning & Development 4\09ALCORR\ttAD,125 2 1''o c,I t~1~it~ S It+. w , • 1 CITY OF DENTONra: COMMUNITY DEVELOPMENT PR CITIZEN PARTICIPATION PLAN The City of Denton's Community Development Citizen Participation Plan is designed to afford all citizens of Denton, including low and moderate Income citizens, the opportunity to comment on the Consolidated Plan, community development procedures and specific projects. Citizens and organizations can provide comments on activities to the Community Development Office, 100 West Oak, Suite 208, Denton, Texas 76201. The phone number for the office is 383- 7726. A messaging service is available for calls after normal business hours. 'the following is an overview of Denton's Citizen Participation Tian. 1. Encouraging Citizen Participation A, Encouraging General Participation B. Encouraging Participation from Citizens in Low and Moderate Income Areas C. Encouraging Participation from Minorities, Non-English Speaking and persons with disabilities It. Opportunities for Citizen Comment on Citizen Participation Plan A. Plan B. Amendments 111. Public Hearings A. Purpose 13. Advance Notilleation C. Locations D. 'translation Services IV. Consolidated Plan A. Information Available to Citizens I. Amount of Assistance 2. Activities 3. Low/Mod Benefit B. Publishing Requirements and Availability I, Summury of Plan 2. Comment Period 3. Locations 4. Access for Disabled 5. Summary of Comments C. Amendments 0 V. Performance Reports • d VI. 'technical Assistance Glizen Pauidpation Page i • p • mat OWd- bola e- A. Notification B. Proposals VI 1. Meetings Vlli. Access to Records IX. Displacement X, Complaint Procedures Each element is discussed in detail below. SECTION I. ENCOURAGING PARTICIPATION A. The following steps will he carried out to encourage participation from all citizens in community development decision-making, 1. Advertise Consolidated Plan activities and programs in a newspaper of general circulation, on the local cable television network, and on local radio stations. 2. Post notification of all citizen advisory board meetings at least 72 hours in advance. 3. Directly notify service agencies, churches, existing neighborhood associations and other organizations of opportunities to participate in Consolidated Plan activities. 13. The following steps will be taken to encourage participation by low and moderate income households. I. Whenever possible and at least once annually holm public hearings within a low to moderate income neighborhood, 2. Develop a list of interested citizens who reside in low income neighborhoods and directly notify them of all public hearings and requests for continents. 3. Contact churches, civic organizations, neighborhood groups, etc. serving low income neighborhoods. Request that they announce public hearings, comment periods, program information and other community development activities occurring throughout the program year. • 4. Whenever possible, canvass low income neighborhoods providing infommation regarding public hearings, program information, etc. to all residents within the neighborhood. 5. Request that the Denton Housing Authority and other local service agencies post flyers that encourage participation in (lie Consolidated Plan process by residents and clients, o • C, The following steps will be taken to encourage participation by minorities, non-tinglish- speaking persons and persons with disabilities, Ulm Partlelpatlon Page 2 a • 1 ti r ! v 1WMM N1. Ap Wa item.- Date, 4 I. Include advertisements in any additional publications, radio and television stations that target a specific group of citizens, some of whom may reside in low income areas. 2. Advertise Consolidated Plan activities and programs in both Spanish and English. If another significant language minority exists, staff will attempt to translate` advertisements to include the language. Provide interpreters at public meetings when needed. 3, Hold all public meetings In buildings accessible to persons with disabilities, Make program information available in locations accessible to persons with disabilities. 4. Provide a sign-language interpreter if requested. SECTION II. PUBLIC COMMENT ON CITIZEN PARTICIPATION PLAN A. I'he following steps will be taken to obtain comments an the Citizen Participation Plan. I. The Citizen Participation Plan will be available for review during a published comment period. 'I'he period will not be less than l5 calendar days. 2. A summary of the plan will be published in advertising form in a newspaper of general circulation, I'he summary will include a list of locations where the plan will be available for review, 3. Locations may include city hall, public libraries, recreation centers, other City offices and churches. Copies of the plan will be accessible to those in low Income neighborhoods, 4. Upon requested, the Citizen Participation Plan will be in a format accessible to persons with disabilities. 1 5. Ail published notices will direct comments to the Community Development Office, B. Amendments to the Citizen Participation Plan will be published in a newspaper of general • ! circulation. 'I'lie notice will identify a comment period of not less than 15 days. Comments will be directed to the Community Development Office. 1 SECTION III, PUBLIC; HEARINGS A. Public Hearings will be held at each stage of the development process including, • I. identifying housing and community development needs J 2, reviewing proposed use of funds Citizen Partlelpallon Page 3 a s p r i - x 7 r • 410nda ItStrt - - 3, reviewing program performance B. Prior notification of not less than 15 calendar days will be provided for all public hearings. Notifications will be run in advertising form in a newspaper of general circulation, C. Hearings will be held in various locations throughout the City. All public hearings will be held in census tracts where at least 5 1% of residents are low and moderate income. 1. All locations will be accessible to persons with disabilities. 2. At least one public hearing annually will be held in a neighborhood that Is predominantly minority. D. Translation services will be provided upon request or if it is likely that non-English- speaking persons will be present. I, At [east one public hearing will be held prior to submission of an application for Section 108 Loan Guarantee funds. The hearing may be held In conjunction with a general public hearing on the Consolidated plan but, will be scheduled as a separate agenda Item. SECTION IV. OPPORTUNITIES FOR COMMENT ON THE. CONSOLIDATED PLAN A. The following Consolidated Plan information is made available to citizens before final approval of the Plan. 1. The amount of assistance expected to be available to the jurisdiction for community dovelopment activities. 2. A list of the activities proposed to be included In the Consolidated Plan for the coming fiscal year, 3, An estimate of the amount of funding that will benefit low and moderate income persons. 13, The Consolidated Plan will be made availab!e to the public for review and comment. 1. A summary of the Consolidated Plan will be published in advertising form hi a newspaper of general circulation. Additional notices of the Plan's availability will he advertised on the local cable television network and local radio broadcasting stations. 2. The summary and additional notices will include information on the thirty-day comment period including dates of the comment period, plan locations and where to direct comments and questions. tg 3, Locations where the Consolidated Plan will be made available for citizen review s may include: city hall, local libraries, recreation centers, churches and other public facilities. All locations will be iu areas where at least 51%ofthe residents are Citizen Partielpalion Page 4 , e~,r i <,1,C r*s !f~'r tti ys }z?r 4` c 0 Lai AW& No, Apendn Item - low to moderate income, There will be at leas( three location ayailable for plan review, 7'he Consolidated Plan will also be available for revs - computer disk, 4. All Consolidated Plan review locations will be accessible to persons with disabilities. 5. All comments will be considered and a summary of comments will be included in the Plan and reasons for nonacceptance. C. Any su jla(Ltial c':anee to the activities described in the Consolidated Plan will require a formal amendment approved by City Council. Substantial chances include the following, I. Any transfer of funds over 10% of the total grant allocation for the fiscal year in which the activity was funded, 2, Cancellation of a planned activity. 3. Addition of a new activity not previously proposed for public review, 4. Change in the primary purpose or scope of an activity, such as a change in intended beneficiaries or organizational support. 5. Any increase or decrease in a proposed allocation that is over 1% of the total allocation for the fiscal year, Amendments will be published in a newspaper of general circulation at least 30 days before it request for city council approval. All comments received will be provided to city council. SECTION V. PERFORMANCE REPORTS A comment period of at least 15 calendar days will be provided before submission of any performance reports to the US Department of Housing and Urban Development. A notice will be run in advertising form in a paper of general circulation. The ndverilsement will advise citizens of the availability of the performance report. The notice will also say that the Community Development Office will accept comments for the I5•day period, A summary of all comments received will be attached to the performance report, SECTION VI. TECHNICAL ASSISTANCE A. Technical assistance will be provided to all persons who wish (o develop a prk posal for Community Development Block Grant and/or HOME funds, All advertisements will indicate that technical assistance in preparing proposals is available Citizens will also be ® informed at the public hearings that technical assistance is available, 'flucy will be ,j provided with information that includes the address and phone number of the Community Development Office, C111zen I1anicipttnon t~Ag6 $ V DLN I ~ ` B, Any proposal requiring technical assistance from other departm i v that department by Community Development staff, Proponent oie prop be given a key contact within the department as liaison on the r- developed and submitted to the Community Development Advisory Committee for review and recommendation,c, SECTION VIL MEETINGS All Community Development Advisory Committee and any city enuncil meotings where these will he discussion of Consolidated Plan activities will be subject to a 72-hour notification requirement. Notice of meetings will be posted by the City Secretary at least 72 hours before their scheduled session, SECTION VIII. ACCESS TO RECORDS Citizens may request access to any non-confidendal records regarding Consolidated Plan activities, At a minimum, information from the pi~ccding live years will be made available. 'rhe information is available from the Community Development Office. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Special arrangements may be mode for individuals who are not able to visit the Community Development Office during regular office hours, Charges for copies will be based on current City of Denton policies under the Open Records Act. SECTION IX. DISPLACEMENT No activities will result in invohmtary displacement of persons. However, should such displacement occur, the City of Denton will follow the procedures described in the Residential Anti-DispllaccwFpt and Rel cn ation Assnutter Plan, SECTION X. COMPLAINT PROCEDURE • Any citizen or group who wishes to rile a complaint concerning any aspect of the Community Development program may contact the Community Development Office at the'rexas Building, 100 West Oak Street, Suite 208, Denton, Texas, 76201, 8171383.7726. Complaints may be In writing or made verbally to any member of the Community Development staff. Staff may • request that verbal comments be repented for clarification. ♦ Responses to each complaint will be determined within 15 days of receipt of the complaint. .I CIIIzen Fadfcipnrlon Pngc ri , • App W. Aa"O qtr Complaints received verbally may receive a verbal response over the tele lolio or a meeting may beset up to discuss the complaint and the response. Documentation of the sari' r t e~i meeting will be placed in the appropriate projector general file. Some verbal complaints may receive written responses _These and all written responses to written complaints will be completed and mailed within 15 days from the receipt of the written complaint, I, • j cltlzen Partlaipadon Pop 7 I A ' 1l r5 ~Jr };i 8 1 Srf r i yr - • - , t F , ~)tl\ pr''JL Sl ~r7 Sri r~ t ' B r try+Y rl i ,r ~S t ,r f 4 tY' ti ~i , y., s 4 Lf$3i A A i COMMUNITY DEVELOPMENT BLOCk GRAN`- PROGRAM NaflQnal Objectives Benefiting low and moderate income persons Aiding in the elimination of slum and blight Meeting community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available. Eligible Activities Acquisition of real property Disposition of property Public facilities and improvements Demolition and Clearance Public Services Relocation Loss of rental Income Privately-owned utilities Removal of architectural barriers housing rehabilitation A New housing construction Code enforcement Historic preservation Commercial or industrial rehabilitation Special economic development Home ownership assistance (pending) e Planning and capacity building • A Program administration costs ` f- 11 l,. 't f f 714w~ AW6 Mm HOME PROGRAM Eligible Activities Acquisition Horne ownership assistance New housing construction Housing reconstruction Housing rehabilitation Tenant-based rental assistance Operating expenses for community housing development organizations Administration and planning expenses i , i • i, - , •~,is r :E rS° ' "r ' ~'s~7,1 '"icy ix,,+..+ ~rJ , A r) ' tft S}}<v;`s~i.'y`J~~, St➢~;, ,~ib~i n~~;:r~y ,~~`ti 4'„ ~ s~ ,I 1 • The City of Denton COMMUNITY DEVELOPMENAmh TARGET AREA MAP II t 1 ~C AIM t. All -d-T TARGET AREA hWry~Y~If.1141.W W 1 wW~AY f~ LIIYI M W IYI 4 W DENTON aoadooonooQd 000 0 s p p0 D o~ ~o o d 0 0 P o c] Q 000 O N , ~ ~ °Qd °oQOOdo~a~°° ® CITY C017NCIL • 4? 1 f MMIA1 N0. fir. ~ , f ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances) and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore) and WHEREAS, the City Council has provided in the City Budget for the appropriation of fundo to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUgT 1813 ALL HEMPHILL BUS SALES $197,180.00 1830 ALL POWELL APPARATUS SERVICE $ 71,410.00 DIVISION SECTION II. That by the accepta,.~e 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, Sid Proposals, and related documents. SECTION III. Tbnt should the City and persons submitting 6 approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, • O approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the writton 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. ' T IT ' . i i. , r : n:y._ ' nr ~..c s. r,~? ti£.r r. t +G Sti.tY K i4 ;i#;r53`kl:c: :tiS A~ SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bide, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately, upon' its passage and approval. PASSED, AND APPROVED this day of , 1995. k BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY SYI APPROVED AS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY BYt } ~ ,lA IS .e "1 ! J • ~~s 176.rifar a.2>)A,Sf ti LfQ~ jt~ s • I • rDATE! DECEMB CITY COUNCIL REPORT Wds go. TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECTS BID M 1813 TRANSIT BUSES RECCNMENAATIONt We reoommend this bid be awarded to Hemphill Bus Was in the amount of 1971iso.00 for one demo transit bus and one now transit bus, SUMMARY: This bid is for the purchase of two 28-29 passenger transit buses, The units will be owned by the City of Denton and operated under contract with SPAN, Inc. The vehicles will replace existing units currently being operated by SPAN under terms and conditions of the City of Denton/SPAN contract. Bid documents were prepared to allow us to take advent ge of demo buses available' and meeting the intent of our specifications, Hid specifications were mailed to nineteen prospective suppliers. These buses have a capacity of 29 ambulatory passengers or 22 ambulatory passengers and two or three wheel chair positions, SPAN staff members have reviewed the bids and concur with our recommendation. The demo bus 7s fully loaded and includes full factory new vehicle warranty and is immediately available, The new bus recommended price includes all optional equipment as listed on the tabulation sheet BACKGROUND: Tabulation sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDi SPAN Riders, Citizens of Benton Public Transportation, FISCAL IMPACT: Funding for these units is from a combination of Federal Transit Authority Grant, State of Texas Department of Transportation arant and Local match CDBG Funds FTA 80% $167,744,00 TEXAS DOT 13% 26,833,40 * LOCAL CDBG 13 800.80 197,178,00 spec fully submitted: e e Acting City Manager A ro'v_ed Nemec Tom D. Shaw, C,P.M. Title: Purchasing Agent eao,Aae~roA , y a i E14lp~.~~t ! {§a~ 3 rv,.{~~ ierif ~,iE aytyi[F(e' a. c r n. r r e r,.. .....r.es.q..~ wei . r.~. ..,.k,.++4i'r, cyan s., ,,,}"~S rL , ID 1813 a` ID + TRANSIT BUS IIEMPHIL[, r , BUS PE ; NOVEMBER 14, 1995 ez DPSCRIPTC(lli _ VB~_I>~Et J'VBNpC}Ij VIS R Ni3 R VENDOR TRANSI I BUS $90+339.00 HA OP71ON 1 - NNOINE+AND TRANSMISSION UNdRADFS $5 0(10.00 OPTION 2 - RICON MIKAOB ; WflEEL CItA1R LIF ' 1 OPTION 3 - FxnmDI1D MHO ENGINE WARRANTY 300~000~_ $275.00 - - - 1 OPTION 4 - 6X1 ENDED MPG f1f1 TRANS. WARRANTY • 60 MONTIIS $1,568,00 OPTION 5 - I1PWWSOUNll f DVAVRNINCI _ $248.00 l OPTION 6 UPGRADE AIR CONDITIONER $2,500.00 f ' NEW BUS WITH OPTIONS$113,680;00 7. 1 TRANSIT BUS USED FOR SALES DEMONSTRATION, MEE7'INU GENERAL OUIDELINW8 Ac SPECII7CA'IONS AS E,ISTIiD FUR ITEM 1. S831500.00 I'EI6 CITY OF DE.NT'ON INTENDS TO PURCHASE ITEM 1 OR ITEM 2 OR A COMBINATION OF ITEM 1 AND ITEM 2 i BUT NO MORE TIIAN TWO UNITS - - DELIVERY (1) ISO DAYS (2) 30 DAYS 4 S t r t -.1; 'T r e o r Apmda No. "eem"E 1 0210 - CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM; Rick Svehia, Acting City Manager SUBJECT; BED # 1830 - CIRCUIT BREAKERS, 16 KV RECOMMENDATION. We recommend this bid be awarded to th( low bidder, Powell Apparatus Service Division, in the total amount of #71,410.00; SUMMARY: This bid is for the purchase of five 18 KV Clrouit Breakers to be used in replacing aged breakers currently on line at Locust Street Substation - Addition r, Three bids were received in response to nineteen bid packages matted to prospective vendors. BACKGROUND. Tabulation Shoot, Memorandum from Danny Scott dated November 170 1995. PRUURRJrIS DEPARTMENTS OR GROUPS AFFECTED: Substations Division, Eleetrio Utility F~ivhle_trio Customers of the City of Denton, FISCAL IMPACT: Budgeted Funds for Electric Substation for 19961 Account #610- 1321032-3820-9217-C16KVOlA. Res ectfully submitted c s ~ Acting City Manager Prepared by: • NAme: Denise liarpool Title: Senior Buyer Ap roved; Name; Tom D. Shaw, C.P.M. Title: purchasing Agent 662 AMNDA r r t . - V ir 1r fir, 1a1!Jr {r ' t~r3 jtir zr Ai er ~~J+3~ s r~rt'Ci~~EI~~, ~f. S r s POWER POWELL WESCO ID N MI CIROUIT BREAKERS, 15 KV DIST, SVCS. P N E NOVEMBER 16, 1995 77, - R P CIRCUIT BREAKERS, 15 KV $15,560.00 $14,282,00 $18,912.00 REMOVAL 8 REINSTALLATION ' ADDENDUM #1' YES YES YES C MANUFACTURER WESTINGHOUSE POWELL ASS DELIVERY ARO 6--8 WKS 10 WKS 10-12 WKS I ALTERNATE: $13,950.00 YASKAWA 12-14 WKS i Z yyyyyy j r. _ c . r e 1~~a 1~idra titer 4~[ t 1~ q 5, r..~; s ..,r se j,:: it a~ f af.;l~~ao'l{1 ~4{,yyyyli~,~~L":y£.yi ij. Y; i' • i i • 1 r f AOMd~ Mo. CITY OF DENM MUNICIPAL U11LI71ES 901-A TEMS MEET DEN )MORADi = TO: Tom Shaw, Purchasing Agent TeRU: Ray D. Wells, Superintendent Substations/Metering/Communications BRONt Daniel Scott, Voreman of Subatations DAM Noverber 17, 1995 SUBJSCTj CIRCUIT BREAKERS 15 Kv HID #1830 ..nroawrrarvnraaarrrar>t®rrtrrarmrrrdrriarrrrrrrrrrrarrrrarraawrrrlnYa After evaluating the bids for the 15Kv circuit breakers, we recommend award of bid to Powell for the Pow-Vac Vacuum circuit breakers, The reason for recommendation of bid to Powell is low bid that meets specification. Respondents were as follows: Powell $ 14,282,00 ea 71,410.00 PDS - $15,Sd0,00 ea 77,800.00 Weaco $-18,912,00 ea 940550.00 D$ 112050 cc: R.S. Nalson, Executive Director of Utilities 1 'Dedkaled to Quality Service" { dz „ i l . •t j .1 ' 1yr Ix/3 , lfiJ~i Y 4'Y}j} »xaF~ tti it! / • O DENTON oooonnaQOOQO QOO 0 P A s ~OQO d d c:n C. 10 00 ~ ~ ~ Odd OOQO ~ N e ~QO ~ooa~ao4oo~° A 1 ITS' COUNCIL r APM NW NO, AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE, LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, includingi items that are only available from one source because of patents, copyrights, secret processes or natural monopolies} films, manuscripts or books) electricity, gas, water and other utility purchasear captive replacement parts or components for equipment) and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bides and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraphs NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following pur4rhases Of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR' AMOUN'T' 61522 1KVB/ANALECT *26e500.00 SECTION TI, That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department, 9 SECTION 111, That the City Manager is hereby authorized to • execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. 0 Y 4 i .t r 311 e i,4!~ trF 'e i Din - ^ SECTION IVY That this ordinance 0all become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1995, BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY BYt 0 ij r i.A l+ <I tkyf.. ++i'%~'6G,~t,11f'~'r_ry4 )y..+ &k+~ r • • WOO CITY COUNCIL REPORT Dee TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: PURCHASE ORDER #61522 - KVAJANALECT - $260500.00 RECOMMENDATION: We recommend this purchase order to KVWAnaleot, in the amount o 260500.00, be approved for payment. SUMMARY: This purchase order is for the sole source acquisition for EPA required software upgrade to version 1.3 for "Continuous Emissions Monitoring Systems" at tho Electric Production Plant, "Complianeo" tm EPA 1,3 version software upgrade and liconse agreement is available only thru KVB as sole source due to confidential cud proprietary software development. BACKGROUND: Purchase Order #61522, Memorandum from Jim Thune. dated Nuvombor 27, 1995. PROGRAMS, D6-PARTMENTI, OR UROUPS AFFECTED: F.leott~io Production Plant, Electric Utility Department, Eleotrio Utrlity Lapartment, Electric Utility Customers of tho City of Denton. FISCAL IMPACT: Budgeted funds for Electric Production for 19061 Account #610- 101-1011-3120-9202. Res fItfully submitted: e e a Acting City Manager Prepared by: Name! Deniso Iiarpool Title: Senior Buyer Approved: p Name: Tom D. Shaw, C.P M, Title: Purchasing Agent 661.AOENbt r ' 4' , h r i t N [ 1 r a i(~, s rF3 T ! ?!'i. ter' 19a~~r~Si Mry ai ' I I I D. vl e 1 ll l r{ P t 1 1 I 1 1 r y I L-kSE ORDER NO: 61522 THIS IS A n se must appear on ail CONFIRMING ORDER c dLvery ehps, cases, (F MARKED) es, parking Slips end bills. DO NOT DUPLICATE Bid No: Deter11 27 95 Pepe Nn, 01 CITY OF DENTON TEXAS PURCHASINQ DIVISION 190t-8 TEXAS STRIFE{ 1 DENTON, TEXAS 76201-4364 817/383-7100 OfrW METRO 0171287-0042 PAX 617!383-7302 EKANALECT JA9 9 JERONIMO DELIVERY CONFIRMATION ONLY C05 aU ADDRESS ELZ OTRTC PROD (STEAM PLANT) IRVINE CA 9271E1 1701`-A SPENCER RD DENTON, TX 76205 JAMES CLARK VENDOR NO. XVB49000 DELIVERY QUOTED 12 10 95 FOB DESTINATION BUYER TS TERMS 001 1.00 EA VENDOR CAT, INCOMPLIANCE MFG NINE 26!600`.000 26,500.00 CITY 0 20562 COMPLIANCE TM EPA V.1.3 UPGRADE SOFTWARE AND LICENSE AUREEMENT UNITS 4 & 5 CONTINIMS EMI3SION'MONITORING DATA AWXSTIOM HANDLING SYSTEM SCIP"ARE UPGRADE! SOLE, SOUXE, FEDERALLY MANDATEV 3 • P .GE TOTAL t 26,500.00 OR ND !SOTAL t 26,500.00 01 610 101 1011 3120 9202 26,600.00 ENUOA INSTRUCTIONS; ! 9. Terms Net 10 Naas ois.] ytir.a} 1, Send original Invoice with duplicate copy. I 1. Shipping Instreoliaasl F48, Oestinalisn prepaid. (witi wowlu sistln.vl Bill 10 Accduny Payable 6. No federal of state sales aM shill be Ineloded 116 E McKi~eyy St 1 In prices baled uretwlnp u s an penan i% 7AtD1 4195. PURCHASING l i , j, yip yf,~t, tIe~7'itigtNarl)y 'g"l-ttT'~t Iy~I' iQi. j~ w ~ ( c tint •~It~~,ltc~~~t" ]{,!•~i~->t~'~~ii ~.=tip rSly~a~~~4~Y~~~Qi}'*~~t r~. Agenda Mo. ARCnda 0111 City, of Denton Utilities-..... 1701 ASpexer Road* Denton, Texas 76205 • (817) 383. 7551 • Fax: (817) 183 - 7555 November 27, 1995 Toni Shaw Purchasing Agent City of Denton Subject: City Council consent agenda item: KVB Software upgrade, EPA version 1.3 Dear Toni: Please prepare it consent agenda Item for the attached requisition N 165761, software upgrade for ComplianceTM EPA 1,3, Support documentation is provided as follows: RECOMMENDATION: The electric utility recommends executing a purchase order with KVB/Analect for ComplianceTM EPA 1.3 version software upgrade and license agreement. 'flue upgrade is required due to Federal Acid Rain Program revised regulations effective January I, 1996. Software upgrade is available oniy thnu KVB as sole source due to confidential and proprietary software development, SUMMARY: The Denton Municipal Generating Station, Spencer Units Four and Five, are equipped with federally required" Continuous Emissions Monitoring Systems" (CEMS). Revised regulations have been implemented by the Environmental Protection Agency (EPA) concerning the Acid Rain Program. Revisions to the regulation require modification of the existing Data Acquisition and Storage (DAS) software to comply with federal Electronic Data Reporting (EDR) requirements starting January I, 1996. KVB/Analect provided ComplianceTM software with the installation of the Denton CEMS. KVB is the sole source for upgrade of ComplianceTM software due to proprietary and confidential license arrangements. This recommendation 17 for upgrade of Denton's DAS software to enable compliance with federal EPA requirements. AACKGROUND: 'l'ire United States Environmental Protecti a Agency responsible for implementation of the Clean Air Act Amendments of 1990, established the Acid Rain Program to reduce emissions of sulfur dioxiilu and nitrogen dioxide from electric utility plants, The Acid Rain Program regulations require submission of Continuous hmission Monitoring Systems(CEMS) certification applications and quarterly reports (including monitoring plan updates) in electronic format(40 CFR 75.63 and ® 75.64). The. required data elements are listed and described in 40 CFR 75.50-75.52. EPA has revised reporting requirements and issued Version 13 replacing Version 1.1. The Electronic File • 0 Formats and Record Structures Tables provide the necessary information to submit required electronic reports to the U,S. Environmental Protection Agency. Electronic Report Record Types provide an index listing all the possible record types to be submitted in an electronic report, The a , « cf u i t t 0 tX sib a:~). :3 l.~rs clot i Agenda No. Agenda Itenr.~, ~ Tom Shaw Me Page 2 November 27, 1995 specific computerized layout or "record structures" of the electronic reports contain the following types of data: Quarterly EAssion Data, Monitoring Plan Data and Certitlcation-QA/QC Test Data, Record structures define the order, length, and placement of information within the electronic report "file," Specifically, the Tables provide the Record Type, Type Code, Start Column, Data Element Description, Units, Range, length, and Fortran Format for each data element in the electronic report, Revisions to the report for our CEM involve addition of the following record and record types: Record umber &vordl3 101 Record Types Submitted 302 Oil fuel low rate 303 Gas fuel flow rate 313 S02 mass emissions alternative estimation parameter for oil 314 S02 mass emissions alternative estimation parameter for natural gas 530 Span and Calibration gas table 540 Fuel flowmetar table 555 Monitoring System recertification Event 612 Reference Method supporting data for Gas RATA 613 Reference Method 2 supporting data for Flow RATA 621 Cycle Time/Response Time test data results These revisions must be incorporated into the ComplianceTM software database prior to January l,' 1996, to allow compliance with EPA regulations, KVB/Amsted is the sole source for upgrades to the Compliancelu softwaro used in the Denton GEMS, This order provides funding for tho upgrade and license agreement associated with the software: FISCAL IMPACT: , Cost of upgrade and software license agreement totals $26,500, This Item was tended in the 1996 w budget at $45,000. Please advise me if additional material or information would be helpful in preparation of this ? matter for Council approval, 'T'hank you, CaAmTger, ne Electric Production Division co;Bob Nelson and purchase file RQ 165761 r i4.. ! ' . r ,,,,i t r f L;tJ..4 ~✓rFt~Yr n~y, LJ • a r DENTON 00000000 aQ OO ~OD Q p D 8 p ddOAv ~o ~dG ~ Q C7 0 D d ° CI t= OOp r ~ Ob0 ~Op ° ank 0000 • CITY COUNCIL r e o r r O a ~aM Wild, Art AI Dece , 1535 , CITY COUNCIL AGENDA ITEM TOt MAYOR AND MEMBERS OF THE CITY COUNCIL FROMt Rick Svehla, Acting City Manager SUBJECTt DEMON'S SHARE OFaOINT TRANSMISSION LINE COSTS WITH THE UPPER TRINITY REGIONAL WATER DISTRICT RECOMMEMATIONt The Public Utilities Board, at. their meeting of October 16, 1995, recommended approval of total payment of Denton's share of Joint Transmission Line costs with water bond funds, eliminating the need for annual Joint Transmission Line payments over a 23 year period. There are $6.5 million in water bond funds available, therefore no bond sale is required. BACKGROUNDt On May 6, 1993, the City of Denton entered into a contract' with the Upper Trinity Regional Water District (UTRWD) for the construction of a Joint Transmission Line along Lillian Miller Parkway from approximately the Red Lobster restaurant' south to ; Ryan Road, The 3011,_24", and 20" ductile iron line is jointly owned by the City of Denton and the UTRWD, Denton's share of the Transmission Water `Line was funded with UTRWD revenue bonds which are to be repaid from .1.995 through 2018, 23 years. Denton utilizes the line for transmission service for citizens within the southeast quadrant of the city, tieing into a 16" transmission line at FM 2181, and also tieing into an 81' Line at Ryan road. The UTRwn uses the line to provide transmission service to w their metering point at old Alton. From Old Alton, the line continues south providing transmission service to Argyle and Bartonville. SUMMARYt 6 The UTRWD provided the funds to design and construct the Joint Transmi^,ion Line, including rights-of-way, Capital costs ware • assigned to Denton and the other customers in proportion to their respective shares of rated capacity of the line, Denton's owneY.•ship of the line is 60 for the 30" and 241, portions, 3,702 feet, and 25~ for the 20" portion, 5,743 feet, r ~ ~ , 4 i4 r'r''f ri ,~i'~vr9 ~t~it, C ~5~ °h • fill 11 . F 1 J Al Documentation received from the UTRWD 4~at'Dentdr"a Transmission Line costs total $532,19 , ' ansm sa on payments over the 23 year term of th $1,040,488. Line detail of the $532,192 _prov e Line construction costs $ 268,601,47 Engineering coats 40,809.92 Easement costs 47,113.79 Land agent costa 30,749.14 Legal costs _2.978.29 Total Direct costs $ 390,261.61 Project management costs 20,918.02 Bond issuance costs 7,865.74 Capitalized interest reserve costs 68,520.62 Debt service reserve fund costs $9,_;38,60 Total Indirect costs $ 141,929.98 Total Transmiasion Line costs $ 532,191.59 (If Paid out over 23 years) The utility staff proposes paying the cost in full from water bond funds, instead of over the 23 year bond term. UTRWD has agreed that Denton can eliminate the debt service reserve fund costs if we provide the payment in full, if debt service reserve coata are removed from the total, Denton would owe $487,555.99 to the UTRWD. Total Transmission Line costs $ 532,191,59 minus Debt service reserve fund costs 94,635,60 Total Lump Sum Transmission costs $ 467,555.99 A savings of $508,029.03 over the life of the 23 year term will be generated by making a lump sum payment. Total 23 Year payout cost $ 995,585.02 Total Lump Sum Transmission costs 487,555;99 Savings $ 508,029.03 Factoring in the interest income lost from the bond J funds paid out ($487,555.99) at five percent for two years, the savings decrease to $458, 054.54. Two years is the remaining life of the available water bonds if the lump sum payout is not made based upon the current CIP. !ff Savings $ 508,029.03 Interest income lost 49,914 .49 Adjusted Savings $ 458,054.54 I ~ r,"s, , , ,t rt ~`,tl r a~ 3 •s1S l rri, r Agenda No, ApanA IIZrn Data,, Also, If Denton were to issue water bonds, the estimated interest rate would be approx imately 0 versus the 6,30 that the UTRWD is now paying. This would represent a savings of $1,542/yr, FISCAL SUMMARYt The water department would save approximately $450,000 by ma)Ang the UTRWD payment in fu'.1 fi om water bond funds. The payment would be made from bond fi, :ci 661 fund 661 has an unobligated balance of $556,258, PROGRAMS, DEPARTMENTS OR GROUPS APPECTEDi Water Rate Customers, Denton Municipal Utilities, Legal Department, Finance Department, Public Utility Board, and City council, Respectfully submitted, R. ckSSvehla, Acting City Manager Submitted byz K~(xc.Cl?V K. F., Nelson, xecutive Drector Department of Utilities Exhibit 1; Analysis of Denton's share of Joint transmission Line, August 17, 1995, (Received from UTRWD) Exhibit II. UTRWD - Development of Water Transmission Utilities I .I >t, . ,1 r q, 110 • Analysis of Denton's Share of Joint Tr lam s September 13, 1995 aM Backaround Denton's Gontraotual Obligations XR - Denton Contract According to the contract between the Dlstrlct and the City of Denton, Denton will reimburse the District for Its pro rata share of the "capital component" "0&M component" and "0&M reserve component" of the overall costs of the pipeline each year, Exhibit B, §2:The annual payment by Denton to District will be based on Denton Participating in the Joint Trarsmission Line on a proportionate basis of rated capacity of the pipeline according to Exhibit A. Except that, Improvements made at Denton's request will be paid 100% by Denton. Exhibit B, §16:lf Denton desires and requests the District to construct Improvements or Install appurtenances for Denton as a part of the Joint Transmission Line, which Improvements or appurtenances are not otherwise needed by the District, the District shall Issue lie bonds to finance such Improvements; and Denton shall pay the entire Annual Requirement associated with such improvements or appurtenances Installed for the sole benefit of Denton, Denton's pro-rata share of the pipeline will be funded from the District's revenue bond. Further, no stale pailicipation funds will be used to fund Denton's share of the pipeline, Article V, § 5,01:... the District will provide and pay for the cost of thr, acquisition, construction and Improvement of the Joint Transmission Line, by using Its bonds in amounts which will be sufficient to accomplish this purpose, The "Capital Component" of Denton's contribution will include its share of the following costs: 1. Principal, redemption premium and interest on the Bonds, plus any bond registrar or paying agent fees, plus any costs of early redemption, loss Interest paid from bond proceeds or other sources (Art, V, § 5,01-B1). 2. Any special, contingency, or reserve funds established by the Bond resolution, plus any fs additional amount necessary to restore any deficiency In these funds (Art, V, § 5.01 82 63). EXHIBIT • r AWU Analysis of Donlon's Share of Joint Transmission Line Al rhm-- - Page 2 p Assumptions 1. All cost of construction, acquisition, and Improvement of the Joint Transmission Line (JTL) was funded from the LITRWD Series 1993 Revenue Bond. Obviously, the entire cost of the Phase 1A pipeline exceeded the proceeds from the '93 bonds, but the '93 bonds were sufficient to build the jointly owned sections, 2. Engineering Costs are proportional to the construction costs. The District is able to track its engineering costs to the Phase 1A project, but Is not able to further divide these costs between the JTL and the other sections of the Phase 1A pipeline. Since the District was able to separate the construction costs I.-Aween the sections, the District allocated engineering costs on the same percentage as the percentage of the JTL construction costs to the total Phase 1A construction costs. 3. Land Agent Costs are proportlonal to the direct property costs. Like engineering costs, the District is able to track the [arid agent costs to the Phase 1 A project, but Is not able to further divide these costs between the JTL and the other sectlons rf the Phase 1A pipeline, Since the District can identify all direct costs of acquiring specific easements, the District allocated land agent costs on the same percentage as the percentage of the JTL easement costs to the total Phase 1A easement costs. 4. Legal costs have three components: Direct Property Legal Services for Specific Parcels of Land Those legal costs that may be allocated to the specific parcels of land through which the JTL runs are allocated to Denton on the percentages outlined in the contract. Those direct costs for parcels that are not part of the JTL sections are not allocated to Denton at all. General Property Legal Services for RTWP, Those property legal costs that may be allocated to the Phase 1A project, but not to a speclflc parcel, are allocated to Denton on the same percentage as the percentage of the JTL easement costs to the total Phase 1A easement costs, General Counsel Legal Costs for RTWP, Those general counsel legal costs that are allocatable to the Phase 1A project are allocated to Denton on the same percentage as the percentage of the JTL construction costs to the total Phase 1 A construction costs. 5, Overhead costs were allocated by multiplying an overhead factor of 11,49% by Denton's ® share of costs for Construction, Engineering, Land Acquisition, Land Agent Services, 0 Ib` and Legal Costs. The overhead factor Is the ratio of all overhead costs to all RTWP costs through the 1993.94 fiscal year, which was the year the JTL was completed and accepted by the District. i~5'114i ~2 rP~S$j , I• r Analysis of Denton's Share of Joint Transmission Line W* ft ..~r° Page 3 Caloulation of Pro Rata Share of Debt Service Caloulation of Pro Rata Share of CoristruoWrt Costs XR Exhibit A According to Exhibit A of the contract, the "proportionate basis of rated capacity" for which Denton is responsible is as follows: Pipe Segment Capac t 27" Equivalent Pipe" 66,0% 20" Pipe ~,5,0% 18" Pipe 0.0% The contract was developed before the project was bid, So while the contract refers to 27" pipe, the actual bid uses a mixture of 30" and 24" pipe. The reason for this Is that the contractor bid ductile iron pipe, which Is nol made in 27" diameter. The actual construction costs for each of the segments were prepared by Alan Plummer & Associates, Inc. based on the bid document. Denton's share of construction costs is as follows: Seament Total Cost Capacity- Do ton's Share _ 27" Equivalent 236,652.06 66.0% 156,190.36 20" Pipe 2871724,04 25.0% 71,931.01 18" Pipe 329,500.66 0.0% 0.00 Denton lmprovemenks 40,480,1 100,0°,6 40,480,0 Total $ 268,601.47 0aloufat€on of Pro Rata Share of Engineering Costs XR • Exhibit B i The engineering costs must be distributed between the three groups that receive the benefits of the project, Initial participants, TWOS (held for future participants), and Denton, The Engineering costs are distributed among all three groups based on the ratio of pro-rata share of the pipeline construction cost to the total pipeline construction cost: • Denton: Pro-rata share $268,601.47 Total cost L2 878 16.5 V °,6 of General costs 9.332% Initial Participants Pro-rata share $1,304,782.20 ® + Total c s 78,165.87 % of General costs 45,334% • TWDS (held for Pro-rata share $1,304,782.20 future growth) + Total co $2,878.165.8'7 4b of General costs 45.334% , t P'l • Yr(1,(I~~9t.{'~ir F,fi;{'ftz. 4 f 4: t ij f 1 • F Analysis of Denton's Share of Joint Transmission Line n0 fide No. Page 4 Jlpanda Item oar;. _ The Engineering costs for Phase 1A were determined to be $437,311.42. Engineering Costs for Phase 1A; $437,311,3 X Denton's % Share; % 9,332 q ettton s Engineering Costs: $40,809,92 Calculation of Pro Rata Sham of Easement Costs XR , Exhlblt C Easement costs can be allocated directly to the segment of pipeline contained by each parcel. The costs for the Denton segments are known and In final form. The contract Is silent about how to account for easements acquired along the joint pipeline route, Since the easements can be attributed to the particular segment, the costs were allocated based on Demon's proportionate rated capacity In each segment; Segment Easement Cost caapacity Denton's Share 27" Equivalent 56,584.21 66.0% 37,345.58 20" Pipe 39,072.83 25,0% 9,768.21 18 Pipe 35,175,02 0.0% 0,00 Denton Improvement 0.00 100'.0% 0.00 Total $ 47,113,79 ; Calculation of Land Agent Costs XR • Exhibit D Land Agent costs, for phase 1A were $242,501.11. These costs are assumed to be allocated to Denton by the ratio of Denton's easement costs to the total easement costs. Denton's Easement Costs,- $47,113,79 + Total EasemenL .CQ¢ts $ 371,675,48 Land Agent Ratio 12,$8% Total Land Agent Costs: $242,501.11 Land t~gent Ratlo; e °t L2 Denton 'a L -and Agent Costs 30,749,14 as 0 l lG _ _ 2 ° -r t>' 1 i4 1 ff~yS 7 ~,~I'i 4 - ~ + A , , ' ° +k li~tt,r~,4 5! T'~il'f ets cTlS, t~,~k t ~~u ° t~f~ r'+t r /'t ' c~ r Analysis of Denton's Share of Joint Transmission Line Lt-m~ Page 5 -3 Calculation of Legal Costs F Legal costs are split between property related legal services and other project related legal services. Amounts for all legal services are taken directly from the legal bills, and are itemized for Phase 1A and for each specific segment of pipe In which Denton Is participating. The Phase to general legal costs are allocated to Denton based on Denton's pro-rata share of conctructlon costs. The Phase 1A property legal costs are allocated to Denton based on Denton's pro-rata share of easement costs. The Phase property legal costs for specific segments of pipe arm allocated to Denton based on their contractual level of participation In each segment, Total Phase 1A General Legal Costs: $17,056.49 x Denton's Pro-rata share of Construction Costs: % 9.33 $1,591.37 Total Phase 1A Property Legal Costs: $7,560,80 x Denton's Pro-rata share of Easement Costs: % 12.68 $958.71 'total 20" Pipe Segment Property Legal Costs: $1,712,83 x Denton's Contractual Share of Pipe Segment: % 25.0 $428.21 Total Legal Costs 2 978.29 Calculation of Project Management Costs XR • Exhibit 0 Project management costs were allocated to the Denton's share of the Phase 1A project based on the ratio of Denton's costs to all Regional Treated Water Project direct costs. Project Management Attributable to RTVVF Year And _verhq Current Year Costs Direct Costs 1988 540.00 360.00 0100 1989 360.00 240.00 27,064.80 1990 15,822,78 10,548.52 13,813,34 1991 58,602.02 39,063.01 26,748,55 1992 93,306,03 62,204.02 80,672.02 1993 137,723.00 68,861.50 1,345,228 00 1994 289051.51 96~350.5O 3 689 714.49 Tote! $595,405.34 277,632.55 $5,183,241.20 t8 RTWP Current Year Project Management: $277,632.55 Total RTWP Direct Coss:_ $5.183,241,24„ RTWP Project Management Rai 5.36% Np Analysis of Dentnn's Share of Joint Transmission Line A~MI111+f111 Page A Denton's Construction Costs, $ 266,601,47 Demon's Engineering Costs: $ 40,809.92 Denton's Easement Costs: $ 47,113,79 Denton's Land Agent Costs: $30,749.14 Denton's Lenal Costs: $ 2,978,29 Denton'A Total Dlract Josts: $ 390,261.61 Denton's Total Dlract Costs: $390,261.61 X Project Management Ratio: 3 Denton's Share of Project Management Costs: $20,918,02 Denton's Project Management and Direct Costs: $ 411,179.63 Calculation of Denton's Debt Issuance Costs Denton's Total Costs $ 411,179.63 ± fond Issue Cansiryctlon Dollars $ 2.781,24512 Denton's % Share of Issuance Costs 14.7896 Capitalized Interest Reserve $ 463,536.00 Debt Service Reserve Fund $ 302,000,00 Costs of Issuance L," L4. 7 Q Total Reserve and Issuance Costs: $ 818,754.78 Total Reserve and Issuance Costs: $ 818,754,78 X Dentons uShare 14.78% Denton's Share of Reserve and Issuance Costs: $ 121,011.96 ~ - ~ ~l ~ ~l1^y xYt r , ~(rf i 4 r' '}1 t1 fir 1 }r .Fr I t l I, I1,. f Ilk J, ..w- Analysis of Demon's Share of Jolnt'rransmissioo Line RVU~ r~ page 7 Calculation of Denton's Pro Rata Share of Debt Service All of the costs for Denton's share of the pipellne are assumed to be financed from proceeds of the Upper Trinity Regional Water District Revenue Bonds Series 1993. The total size of the Issue was $3,600,000,00. Denton's Overhead and Direct Costs: $ 411,179.63 ± Denton's Reserve an Issuance Costs; $ 121.011.96 = Denton's Total Plpellne Costs: $ 532,191.59 Denton's Total Plpellne Costs $ 532,191.59 Total Bond Issue: _ $ 3,600,000,00 n Denton's Pro Rata Share of Debt Service: 14,78% Calculation of Denton's Lump-surest ,Pa e If the UTRWD and the City of Denton agree that Denton can pay for Its share of costs in a lump-sum, then Denton would owe all of the costs detailed above except the contrlbutlon to the Debt Reserve fund, Demon's Total Costs, $ 411,179,63 T Bond Issue Con§tructlon Do ars__ $2,781,245,22 = Denton's % Share of Issuance Costs 14,78% Capitalized Interest Reserve $ 463,536.00 Costs of Issuance $ 53218,7$ Total Reserve and Issuance Costs: $ 516,754.78 Total Reserve and Issuance Costs: $ 516,754,78 Z( Denton's °k_Share: _ A.7806 = Denton's Share of Reserve and Issuance Costs: $ 76,376.36 Denton's Overhead and Direct Costs: $ 411,179.63 ± Donjon's Reserve and Issuance Costs: 76 376.36 Denton's Total Plpellne Costs: $ 487,555.99 Denton's Lump Slim Payment= $ 487,666.99 r I , ~ :~JN ! S~; t • i r 1 1 . ,t r 1 rr . ~ rvqM b./+T e, :ia li ~+/fr*'Lt~[•11Y9i tl',~5' ' Analysis of Denton's Share of Joint Transmisslon Line Page 8 [A0 Maintenance Cosh Pursuant to the agreement, Denton will maintain the Joint Transmisslon Line and wfil submit a bill to the District for its pro rata sharer Overhead ggsts The District will Incur overhead costs on an annual basis for the Joint Transmission Lino. Likewise, Denton will Incur overhead costs related to Its maintenance responsibilities. The District proposes that the two overhead components be considered as offsetting, and that neither party will Include overhead In future billings, So iedule of Payments To determine Denton's share of the semiannual debt service payments, the 14.97% has been applied to the District's debt service schedule over the 25 year life of the bonds. Attached Is a schedule that reflects Denton's share of the debt service payments. The agreement refers to monthly payments. However, the District proposes that Denton make semiannual payments 30 days ahead of the due date for the District's semiannual debt service payment, i r 14 i gyn. i t 1 f t , , U n p i 1 0 1•, it 'lr.ra1 . • i 63T0 "UPI 1 n UTRWD DEVEWRIENT OF WATER TRANSMMM M!' FACLIM ° u i .'uremia Yf 9 ~ ( TEA'SLEY - - „ . aA. \ i n ' Or 1-,N ~/"\N _ ~ i.. \J- i; `!-'FN.'S- '?Y ♦ "(M` Lit y i Si ~ ICKORY CREEK 1 ho ,W ~ 1 d OLD ALTON ~ 1 v~ eir/ or HOT", MAr MA1tR/WA#rnw U1 06ftow d ea DENTON Moo 000~0 OOO O p fl Its oQ0 ` o~pa Q ~ o dd ~ p OOO~ ~ ~ Opp 0000 r o N Q ~~O 1 © C-ITY COUNCIL r i r ! is r t I:'/iD z. rt .!IC.,..fE i Awdl WQ. c CITY COUN91L $ PE ORT PORK&T ~ TOw Mayor Castleberry and Members of the City `Council PROXI Rick Svehla, Acting City Manager SUBJECT$ APPROVAL OF INTERLOOAL AMBUWWC1 AOREENEN'T RESOLUTIONS RECOMMENDATION: It it our recommendation that City Council approvA the five attached resolutions for interlocal ambulance service to the cities of Argyle, Corinth, Lake Dallas, Ponder and Sanger. 12MARY: This is an annual interlooal agreement providing for the continuation of emergency medical services to the small cities within our aervice area. PACKGROUNDI The resolutions for interlocal ambulance service to the cities of Argyle, Corinth, Lake Dallas, Ponder, Sanger, Hickory creek, Krum and Shady Shores began in 1980. The revisions that are being made are changes in the per capita assessment which is changing from $4,50 per capita to $5.75 effnotive October 1995. PROGRAMS,_DEPARTMENTS-OR GROUPS AFFECTEDt No other programs or departments are affected, however, without this agreement we would have to stop service to the small cities. FISCAL IMPACT: This will comprise approximately 101 of our total EMS Revenuo for this fiscal year. RESPECTFULLY SUBMITTED; • `s Acting City Manager Prepared by: AA 01 ` es R, Thomason eputy Fire chief r ~ rv i C t l li ~ 7'tirr'i v r ~r1 d~ ~1' re ~rh~r ,~~ti ~Sdt l~ ~fl it Frv 3~Rri~~~~}'~~~1J I Williuall" w+ • ' r 1r\NWUWN0.5fiN A A62 ANMe Ik .e.r AID Iq0 r OIM RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE. FOR AMBULANCE SERVICES AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES, SECTION That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Argyle for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City, SECTION II, That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 199 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYl APPROVED AS TO LRGAL FORMt HERBERT L. PROUTY, CITY ATTORNEY---BY; 'r • t• 1 DENT ON ooaaaooo~aoa 000 O p QpQo 000 ~ o O 0 0 o 0 0 0 E, a 0 OOO r e ~O~O ooa~, ~ N . ~ o000 - ~aa~uoaoa CITY e o COUNCIL ~ .t l i A,IMOYLB.% AW* M1. Ateade fteM AGREEMENT FOR AMBUT ANCE SERVICE BET AWN THE CITY OF DENTOM AND THE CI'T'Y OF ARGYLE Reair.4~! The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Argyle would like to contre,,ct with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX, HEALTH AND SAFETY CODE (Vernon 1992) and the Interloeal Cooperation Act, TEX. WV'T CODE ANN. 9791,001, et ago., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city, Agreement This Agreement is made on the day of 199, between the City of Denton, Texas ("Denton"), and The City of. Argyle ("Argyle"). The parties agree as followsi 1. Definitions. grgenLv Medical Services or E,M..S, means personnel and ground transportation vehicles used to respond to an individual's perceived need for imm3diate medical care and to pre- vent death or aggr•xvation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Argyle. Denton shall provide emergency medical services to Argyle in response to requests for emergency medical services in accordance with this Agreement. All. requests for emerc+r,ncy medical services for persons reiiiding in the rerporata limits of Argyle shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Argyle understands that A Denton must also respond to requests for emergency medical services for persona in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole night and discretion, without being in beach of this Agreement and witLlut liability to Argyle, to determine: (a) Whether or not to respond to a request for medical 6 emergency services (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service) (c) The order is which to respond to a request for emergen- cy medical services and t, { r I !w ~r-.. ..(d) The time in which to respond tc, a request for emergency medical service, 4. Service Fea, In consideration for providing emergency medi- cal services to Argyle, Argyle agrees to pay to Dentol an annual sum during each year of this Agreement determined by multiplying the population in Argyle by Five Dollars and seventy-five Cents (population x $5,75), The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory, The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term, Denton may, after giving prior notice, suspend service to Argyle during any period of time Argyle is delinquent in the payment of any undisput- ed service fee. 5, Patient Charges, In addition to the service fee paid by Argyle, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6, Governmental Immunity Not Waived, Neither Denton or Argyle waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement, 7. Term. The term of this Agreement shall be in one year incre- menta, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Terminations Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writin-, to the other, specifying the date of termination, if either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault, Should the defaulting party fail to correct the default within thirty days of the date notice of defaul' is sent, the other party may declare the Agreement terminated. Argyle shall be liable • to Denton pro rata for the payment of emergency medical se±:v.ices provided up to the date of termination. 9. Notiooo, All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addrossac, as follows: To Denton; '.Co Argyle; City Manager Mayor + • City of Denton City of Argyle 215 E. McKinney P. 0. Box 1035 Denton, Texas 76201 Argyle, Texas 76226 PAGE 2 f 4 1 r .F aPmda No. 10, Agreement Not for Benefit of Third Parties, This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11, Aeeigmaent. Neither party shall assign this Agreement except upor. the prior written consent of the other. EXECUTED on the day of CITY OF DENTON, TEXAS BYs - BOB CASTLSBERRY, MAYOR ATTESTS JENNIFER WALTERS, CI."' SECRETARY BYs APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY GI~,,f Byt CITY OF ARGYLE • BY. r t d R ATTEST: 'Zi S Y: o~ PAGE 3 s s _ I 1. u 0 1 DENTON OO~1 b ~ ~ oOG b G d M p tj fl GG ~ X00 °i~oa~ooano°° IC TY Couiv. CIL a a~ • Q r t o.\a.'AbuwNc ssa ArMIY Mlt AWA Mw OrCi RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AOR£EMENT BETWEEN' THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That the City council of the City of Denton hereby approvee an agreement between the City of Denton and the City of Corinth for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City, SECTION II That this resolution shall become effective immed- iately upon its passage and approval. PA88ED AND APPROVED this the day of 199 . BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYi APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY., CITY ATTORNEY BY; i~ : 1 ~~1; it V S erF jrx Ci~~ r r , r „ f • en~r+ Idarn AGREEMENT FOh AMBULANCE BE IC6' - ~Mn BETWEEN THE CITY OF DENTON AND THE CM ')F CORINTH Reoitel~ The City of Denton currently provides emergency medical ser- vices to the citizens of Denton, The City of Corinth would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant Lo Chapter 774 of the TEX, HEALTH AND SAFETY CODE (Vernon 1992) and the Inferlocal Cooperation Act, TEX. GOVT CODE ANN. 9791,001, e e (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the 2nd day of Novomber , 199,_,x„-, between the City of Denton, Texas ("Denton"), and The City of Corinth ("Corinth"). The parties agree as followsi 1. Definitions, Emergency Medical Services or ,M,S, means personnel and ground transportation vehicles used to respond to an individua''i perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury, 2. Denton to Provide EMS to Corinth. Denton shall provide emergency medical services to Corinth in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persona residing in the corporate limits of Corinth shall be communicated to Denton in the manner specified by Denton, 3. Diaoretion in Providing E.M.B. Corinth understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Corinth, to determines (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service] (c) The order is which to respond to a request for emergen- cy medical services and • AWAS IM Maw No OMe (d) The time in which to respond to a request for emergency medical service, 4, service Fee. In consideration for proviuing emergency medi- cal services to Corinth, Corinth agrees to pay to Denton an annual sum durincl each year of this Agreement determined by multiplying the population in Corinth by Five Dollars and Seventy-five Cents (population x $5,75)+ The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Direct=y. The annual payment shall he paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term, Denton may, after gi•:Ping prior notice, suspend service to Corinth during any period of time Corinth is delinquent in the payment of any undisputed service fee, 5. Patient charges, In addition to the service fee paid by Corinth, Denton may charge and collect from persons' provided emer- gency medical services, the patient fees established by ordinance of Denton. 6, Governmental Immunity Not Waived. Neither Denton or Corinth waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any art or omission resulting from this Agreement; 7 Term, The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to,September _30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8, Termination) Default, Either party may terminate this Agree- ment at any time without cause by giving ninety (5j0) days advance notice in wr'ting to the other, specifying the date of termination, if either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault, Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated, Corinth shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9, Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as followat To Dentoni To Corinthi 6 A ~ City Manager Mayor City of Denton City of Corinth 215 E, McKinney 2003 South Vorinth Street Denton, Texas 76201 Corinth, Texas 76205 PACE 2 4k n.. 10, Agreement Not for Benefit of. Third Partisr. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11, Assignment. Neither party shall aueign this Agreement except upon the prior written consent of the other, BXRCUTRD On the ._,day of , 199x,. CITY OF DENTONt TEXAS t BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WAL'1ERBr CITY SECRETARY By APPROVED AS TO IjEGAL FORM HERBERT L. PROUTY$ CITY ATTORNRY Ii Y 1 i% CITY OF CORINT11 BYi ) C/)~ • ' MAYOR :k,{~, i ATTEST t • 13Y i 'F!>J7'ARY PAaS 3 r4 r ] - 'Tr lz t 1 '>r rr • 0 • ca r F DENTON oa~aoaoGaooo D 8 4~~QD d CJ b p ~ o 000 ~ r ~ ~O~O OOpa o ~ , ~ oO~Q aodaoono~ ® CITY 0 r • • B i WWULAM SER RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICESI AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES! SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Lake Dallas for ambulance services, a copy of which is attached hereto and incorporated' by reference 'herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City, SECTION II,` That this resolution shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of , 199 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMt • HERBERT L. PROUTY, CITY ATTORNEY BYo p ' , r r 5 :`e j171P 4S.Y f~Jtik~l1 tl ii ri, Moen Ilo. AlWa Item O2IC a.`lekedall,k- AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE `CITY OF LAKE DALLAS The City of Denton currently provides emergency medical ser- vices to the citizens of Denton, The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens, Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN, §791.001, et geq,, (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the day of , 199`, between the City of Denton, Texas (''Denton"), and The City of Lake Dallas ("Lake Dallas"). The parties agree as follows: 1. Definitions, Emergency Medigal.Sexviced or E,M,S means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury, 2. Denton to Provido LM9 to Lake Dallas. Denton shall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Lake Dallas shall be com- municated to Denton in the manner specified by Denton, 3. Direretion in Providing E.M.S. Lake Dallas understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities, Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Lake Dallas, to determines • I- w Aryanda ttsm Oslo (a) Whether or not to respond to a request for medical emergency service) (b) Whether and when personnel. or equipment are available to respond to a request for emergency medical service) (c) The order is which to respond to a request for emergen- cy medical service) and (d) The time in which to respond to a request for emergency medical service. 4, Service Fee, In consideration for providing emergency medi- cal services to Lake Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Lake Dallas by Five Dollars and Seventy- five Cents (population x $5,'15). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory, The annual payment shall be paid to Denton in equal quarterly payments on or before' October 10 January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service fee, S. Patient Charges, In addition to the service fee paid by Lake Dallas, Denton may charge and collect from persons provided' emergency medical servicee, the patient fees established by ordi- nance of. Denton, 6. Governmental Immunity Not Waived. Neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it aaainst claims made or arising from any act or omission resulting from this Agreement, 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Termination) Default, Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination, if either party breaches a provision of this Agreement, the other party shall give thi,, defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other • 0 party may declare the Agreement terminated, Lake Dallas shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination, 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: w_ ~ O • AplAM To Denton; To Lake Dallasi City Manager Mayor City of Denton City of Lake Dallas 215 E. McKinney P. 0, Box 386 Denton, Texas 76201 Lake Dallas, Texan 75065 10. Agro m ent Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party, 11. Aovignnaent Neither party shall `assign this Agreement except upon the prior written consent of the other EXECUTED on the day of ,,:TY OF DENTON, TEXAS BYt BOB CA3TLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt HERBERT L. PROUTY, CITY TO EY • BYt -.-'CITY OF LAKE DALLAS BY 1 N- ~'MAY~ ~ • i ATTEST: SYtr~lC SECRETARY 'u n • e2 l ,t fy e rti !IJ 11'. 1fJ)if~~~~,•1g9. • 0 . r DENTON ~apppC] oappp0 Cr ~ Q o c~ 0~d ~ 0 OOO~ r o N s Q X00 °aoaao~ooo°° CITY COUNCIL r • s Hi\N93U7,At1C,SF.A to RESOLUTION NO, A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of ;Denton and the City of Ponder for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City, SECTION 11, That this resolution shall become effective immed- iately upon its passage and approval, _PASSED AND APPROVED this the day of , 199, BOB CASTLEBERRY, MAYOR FATTEST: .JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY J I BX: r • • ~ ~enay AGREEMENT FOR ANSULANCE SERVICE BETWEEN THE CITY OR DOMN AND THE CITY OF PONDER Reaita e The City of Denton currently provides emergency medical ser- to like vices The City of Ponder would vices to the citizens of contract with the city of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX, HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. d0V'T CODE ANN. 5791.001, et seg., (Vernon 1994), a city way contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the day of 199, between the City of Dentca, Texas ("Denton"), and The City of Ponder ("Ponder"). The parties agree as followsi 1. Definitions. Emergency Medical Ser ces or E.M,S, means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Ponder. Denton shall provide emergency medir,al services to ponder in response to requests for emergency medical services in accor0ince with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Ponder shall he communicated to Benton in the manner specified by Denton. 3. Dieoretion in Providing E.M.S. Ponder understands that • Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Ponder, to determines (a) Whether or not to respond to a request for medical • emergency services (b) Whether and when personnel or equipment are available to respond to a request for emergency medical services (c) The order is which to respond to a request for emergen- cy medical services and i it, i e , Jim* No. (d) The time in which to respond to a request for emergency medical service. 4, Perviee Fee, In consideration for providing emergency medi- cal services to Ponder, Ponder agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Ponder by Five Dollars and Seventy-five Cents (population x $5,75), The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Rgafonal DireG.tory. The annual payment shall be paid to Denton in equal quarterly payments on or before oatober i, January 2, AprJ! 1, and July 1, of each annual term. Denton may, after giving prior notice; suspend service to Ponder during any period of time Ponder is delinquent in the payment of any undisput- ed service fee. 5. Patient Charger, in addition to the service fee paid by Ponder, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental I=unity Not Waived, Neither Denton or Ponder waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement, 7. Term, The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement, 8. Terminations Default, Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination, if either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other e party may declare the Agreement terminated, Ponder shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination, 9. Notices, All noticed sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows ® To Dentons To Ponders City Manager Mayor City of Denton City of Ponder 215 G, McKinney P. 0. Box 297 Denton, Texas 76201 Ponder, Texas 76259 PAGE 2 1 r ~ l 1 1 ~ 1 1 1 I ' 1 I 1 f,f 1 f p 'r- y . {i. 6U f r ~ 'I +fF r• ' I; 1 °c . f W* k~ . #406 40 wrr~I wl~F~rrdr 10. Agreement Not for Benefit of Third Partied This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party, 11. Assignment Neither party shall assign this Agreament except upon the prior written consent of the other, EXECUTED on the day of CITY OF DENTON, tEXA9 \ BY,. BOLA CASTLEBHRRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ! BY: + I APPROVED AB TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: .rt I. CITY OF PONDER BY: + YO ATTEST: I 0 0, BY I SECRETARY r I 1 I , PAGE 3 }~Yr, G 1\J `f $S 7~RIr1 ~rgqa[t~,/F\'~i fh~ 1eyS~i , r d s A -vt r 1 1KtU'yY` f~"~rri~~ c v >~t~p~ 3 ,@yLP .-'l+ + t r 11; i Y ♦ a V 07r {j ~~~F §v ~'1"",{;i r I . 1 f No\AMBULANCALk: .may RESOLUTION NO, A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE' SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi SECTION I, That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Sanger for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City, SECTION II, That this resolution shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of 199 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY J BYe J, APPROVED AS TO LEGAL FORMt 0 HERBERT L. PROUTY, CITY ATTORNEY J k 1 T S ~ 1 Ill' • A, \MMSR. K WWI" AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SAMOSR Sl4.itals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton, The City of Sanger would like to contract with the City of Denton to receive emergency medical eer- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN, 9791.001, e sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. ~greemen~ This Agreement is made on the 6th day of November , 199 between the City of Denton, Texas ("Denton"), and The City of Sanger ("Sanger"). The parties agree as follower 1, Definitions, Emergency Medical Services or E,M,S, means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury, 2. Denton to Provide EMS to Sanger, Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing X.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contractcs to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Sanger., to determines (a) Whether or not to respond to a request for medical 4 emergency service (b) Whether and when personnel or oquipment are available to respond to a request for emergency medical services (c) The order is which to respond to a request for emergen- cy medical services and s. ~ 1 I~t r ~ °~~i 1 11 .t~.M ~e~~ t • w rr,,.,,wa,., (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Sanger, Sanger agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Sanger by Five Dollars and Seventy-five Cents (population x $5.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory, The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisput- ed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental .immunity Not Waived, Neither Denton or Sanger waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resultinq from this Agreement. 7, Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Termination) Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination, If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Sanger shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9, Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, air followa: ® To Denton: To Sanger; City Manager Mayor City of Denton City of Sanger 215 E. McKinney P. 0. Drawer 578 Denton, Texas '76201 Sanger, Texas 76266 PAGE 2 k~ • 0 , ' r t ';.e~ i hRi, '1 1 • d n ..i5 4 APf* 140. ..r+.tjoelp., 10. Agreement Not for Benefit `of Third Parties, Thin Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party, 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other, EXECUTED on the day of 199x._._.. CITY OF DENTON, TEXAS BYt 90B CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ . J CITY OF SANGER BY : ~/7YyLG7►' • ROM ATTEST: BY ~B~GR M a U~~ y~~rrX A9~a~~t PAGE 3 r[ r~ x .)a t } ry t ,F , t. Jf ,0 t{} _a DENTON QQOo oooa0000 D ~QOD 0~0 OF pp0'S 4 1~p 0 D G O ICJ Q 0 0 000 ,A OOp ° N, ~Opp~ °aoaaooaoo° ® CITY COUNCIL n r • 1:1WNUOCS'OR O. CON( FAL2. OR O w1~M t RESOLUTION NO. A RESOLUTION OF THE CITY OF DENT'ON, TEXAS AUTHORIZING 'rfEh CITY MANAGER OR MIS DES1ONEli TO PRESCRIBE: WRIYI'EN RULES AND RFOULATIONS FORTH SAFE AND ORDERLY USE 01' CITY BUII,DINGS AND FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, written rules and regulations do not exist for the use of City buildings and facilities, WHEREAS, written rules and regulations for the use of City buildings and facilities are needed to provide for the safe and orderly use of City buildings and facilities, WI IEREAS, written rules and regulations are also needed to insure that City buildings and facilities are preserved and protected and that public funds are not wasted on unnecessary wear and tear to City buildings and facilities, NOW, Tf1EREFORI3, THE COUNCIL OF'I'IIE CITY OF DENTON, niXAS I1ERE13Y RESOLVES; SliCT'ION I, The City Manager or his designee shall have authority to prescribe written rules and regulations for the safe and orderly use of City buildings and facilities, provided that such rules and regulations do not conflict with valid laws or ordinances. SLC'rION II. The City Manager or his designee shall also have authority to prescribe such rules and regulations [hat promote the preservation and protection of City buildings and facilities, provided that such rules and regulations do not conflict with valid laws or ordinances. SECTION III, Without limitation, the City Manager or his designee is authorized to include within these rules and regulations, provisions that prohibit the carrying of concealed handguns in City buildings or portions of City buildings by the public including individuals licensed to carry a concealed handgun pursuant to Article 4413 (29ce), Revised Statutes, • SECTION IV. The City Manager or his designee is authorized to take all steps reasonable and necessary to deny entry or continued presence in City buildings or facilities to persons who fail to comply with said rules and regulations including but not limited to the posting of appropriate signs and the prosecution of violators for the offense of criminal trespass, ® &KTION V This resolution does not in any way limit such other power the City • • Manager may have to regulate the use of City properly and facilities, i I .1 V r • t • r 1 1. - a c_ .r ~ 2. y}'~rG.3` AP* MI. /AEI it" SECTION VI. The City Manager is directed to maintain a copy of such rules and regulations for public Inspection In. Ilse offices of thy; City Manager or his designee, and the City Secretary. SECTION VV, That this resolution shall become effective Immediately upon Its passage and approval, PASSED AND APPROVED this the day of 19 BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CI'T'Y SECRETARY 11Y: APPROVED AS 'r0 LEGAL FORM; HERBERT L. PROUTY, CITY Al-FORNE;Y BY; • i • . ~t r f'y" ~.~.....«.rh+.r+Ir , r yr p i •I,i't/ 11 ixv Jyh ~r?1}~4,11~~t t~6 {~ri a y DENTON oo~ooa ooQOOo OOO 0 F D fi OQOD OOQ~ 0 0 ~O ti 0 o 0 0 0 0 000 ~ ~ ~R~Od oooa N, ~ o~oo aooonnoo e CITY COUNCIL r f` t t t • 'l r b. r - \ r Y'... ..f°#4d V R.e ,!9'. c, 6tr1:•. . V . ~N AW* No 00. LA WN OF DElVTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE 6}7.5669309 ONIC6 of the Clty Sealstary MBMORMDUM DATEI November 290 1995 To; Mayor and Members of the City Council , FROMi Jennifer Waiters, City Secretary SUBJECT; Board/Commission` Appointments The following is a list of current Board/Commission vacanoiest Keep Denton Beautiful Board - Mayor Pro Tem Silos has nominated Friola Jeffries. Traffic Safety Commission - Council Member Krueger has nominated Derrick Hartsfield. Sign Board of Appeals » Mark Chew has resigned. This is a nomination for Council Member Brock. If you require any further information, please let me know, I t, Jennifer Walters City secretary i • i ACCOOOF9 • k • • I, , 1 r 1 ` S "UfdfCAlEdI(~QNtllllySCYYIfC° tV +i1~etrt.,,i~,Vtt tdh y V'. 4 j') 1r} °9Y t! 1 ~~rt 'tf til I ~ 1 t ~y V \t 4's3 °i~tttlV \7t tta ,~c1 t>_e ~,~1 4(~,ft Vrt y'i i ytz'itsk 117' 1 i s Y¢ fN}~ tdi+li t, rY'xt • V :i£' r 5:t ( t f !i~i[~-. ajVf YZw, htf;tirS,:sZZY F~~(;Y~•'}ib. I t ' 1 r ty 'v s , K V 4'. S 4 } J~ i r CERTIFICATE OF AUTHENTICITY THIS IS TO CERTIFY that the microphotographs appearing on this film-file, t RECORDS TITLE; CITY SECRETARY OFFICE Beginning with Ending with are accurate and complete reproductions of the records of ij' CITY OF DENTON as delivered in the regular course of business for photogrbphing IT IS FARTHER CERTIFIBD that photographic processes used for microfilming of the above records were accomplished in a manner and on microfilm which meets with the requirements of the American National Standards Institute for permanent microphotographic cop, Camera Operator Date 01/97 AT DALLAS, TLXAS s r • - ---a.~r.rw..,. r.i. _ . M l ~Ir i' i)~e'~ .s`'`J, ~itF'~~-li ~ + ~ j, ~ hl I t~ s t r 4~ ~ f ! r~ i t 1+ , s t, 4 7° i ~ y t f( I t r i ~ lr i -`r[~t~; (V}yS,/.1~~/yir ,1 I_~~y~}S.E i~( tx~i,% e ,y~+ri'1 ~•y1~~3 2AV s} F{NlAi 4$1~ i 4~f" 1j ? 4 ij AZ a;