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07-11-1989
f IIi r i r AGENDA CITY OF DENTON CITY COUNCIL. July 11, 1989 Work Session of the City of Denton City Council on Tuesday, July 11, 1989, at 5:30 P.M. In the Civil Defense [loom of City hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:30 p.m. 1. Presentation and discussion of a proVosal by Denton y County Juvenile Probation Department concerning usage of the Denton County Juvenile Diversion Program by the City of Denton Municipal court. 2. Receive the Human services committee funding recommendations. 3. Update concerning the 016 System and authorization to proceed with time schedule for Council consideration. 1 ! 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art, 6252-17 V.A.T.S. i ' 1. Consider action in tg_ro~.F1ow and discuss i ~Acolnwood._y§Lgf ty and Eton County VQ,, B. Real Potato Under Sec. 2(f), Act. 6252-17 V.A.T.S. 1. Discuss right-of-way acquisition alternatives on Fort Worth Drive. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. F Regular Meeting of the City of Denton City Council on Tuesday, July 11, 1989, at 7:00 p.m. In the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: i 7:00 p.m. 1. Consider approval of the minutes of the regular meetings of June 13 and June 20, 1989 and the special called meeting of June 27, 1989. J 1 rl 1 K n City of Denton City Council Agenda July 11, 1989 Page 2 2. Presentation of a resolution from the Upper Trinity J Municipal Water Authority, Inc. 1 3. Presentation by County Judge Vic Burgess, regarding Denton County Day for Economic Oevelopment. 4. Citizen report from Bruce Olsen regarding a drainage problem in the Oak Ridge Addition, i 5. Public Hearings I A. {told a public hearing and consider adoption of an ordinance, petitioned by Pep Boys of California, Inc. approving a Detailed Plan within PD 6. The property is located in San Jacinto Plaza on the 111 35 service road adjacent to Wolfe's Nursery. I The property is described at Lot 4A, Block A. j Township 11, Phane 11 and is 1.727 acres In size. The proposed land use includes a building with an automobile service center and an automobile parts store. (The Planning and Zoning Commission recommends approval). 6. Consent Agenda: Each of these items to recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the city Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda item 7.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: ' 1. P.O. #91213 - Smith Pump Company j B. Plats and Replete f 1. Consider the preliminary replat of the I Wattam Addition, Part of Lot 3, Block 4 into Lots 3A, 38 and 3C, Mock 4. (The Planning and Zoning Commission recommends approval). I Y t 1 { tl 1 ' City of Denton City Council Agenda July 11, 1999 Pago 3 2. Consider bthe di ision, preliminary L t 2, Block the , W. 1 Subdivision, Wrigltit Lots 2A. nd, Zoningnd Commissionk re6. (The commends and Planning approval). C. Tax Refunds for 1. Consider approval of a tax refund Friendly Chevrolet (Eddins) for $706.44. 2. Consider approval of a tax refund for Friendly Chevrolet (Eddins) for $744,27. 3. Consider approval of a tax refund for NCNB Texas Bank (formerly Interfirst Bank) for , $2,231.55 I I 7, ordinances A. Consider adoption of an ordinance providing for a the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requiremet,ts of competitive bids. H. Consider adoption of an ordinance accepting competitive bide and providing for the award of contracts for public works or improvements, (Did 09975 - Laboratory Expansion - Interior) II C. Consider adoption of an ordinance accepting I competitive bids and providing for the award of contracts for e purchase of materials, aN99871e- equiparent, supplies or services. Fire !lose) I D. Consider competitive dbide o ando providing ordinance nthe award accepting contracts f:r the purchase of materials, Asphalt, Emulsions supplies and Road Miterialajid N9995 H. Consider adoption of an ordinance of the City of Denton, Texas, prohibiting the packing of vehicles on sevecability clause Yland i providing a ppenaltyg not to exceed two hundred dollars. i } t 1r City of Denton City Council Agenda July 11, 1989 Page 4 F. Consider adoption of an ordinance setting a me.ratorium on the establishment of sexually fir Iented businesses. (The Planning and Zoning Commission recommends approval). 8. Revolutions A. Consider approval of a resolution postponing the regular council meeting of July 18, 1989 to July 25, 1989. 9. Consider authorizing the City Manager to make application for a coat sharing agreement relating to the landscaping of University Drive with the state Department of Highways and Public Transportation, ' utilizing the expenditure of $92,468.00 in bond E revenues, plus a contingency of $20,233,00 from bond `k revenues in accordance with the agreement. IE f 10. Miscollaneous matters from the City Manager. 11. Official Action on Executive Session Items: f A. Legal Matters B. Real Estate C. Personnel ` D. Board Appointments 12. New Business: This Item provides a spetion for Council Members to l suggest items for future agendas. I 13. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. i i B. Real Estate Under sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 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 1989 at _ o'clock (a.m.) (p.m.) 3128C CITY SECRETARY 1 i } y. - - - - - - - - - - - - - - - - - - - - - - - - JJFF I` Ii ~ r f I i 1 I I I ' ~J 1 r 1 rHE CENTON COUPIT`I JUVENILE DVEFSION FROGP.Aii I r PRESENTED TO THE CITY OF DENTON MUNICIPAL COURT 9Y DENTON COMMUNITY COUNSELING AND THE DENTON COUNTY JUVENILE PROEATION DEPARTMENT i 4 MAY 17o 1989 N h J k Ir law -7 A f M O.ERVIEW :uve~ile cri.+e oresents more then its share of oroblsms to the ,ustice I-iwtein. From status offenses to na)or acts of Violence. tho youthful affender brings poingnant questions of "wry' end "who :r what is responsible?"s as well as the even tors .ital questions "what can be done to prevent reoeeurenee4'I Of the na w r prijgrams which have been tried, a sueessful one which has beeii advocated oationally since the early MSo)'• and in Denton Coursty since 1966 is that of "Juvenile Diversion". For the past four years. Denton Communi ty Counselinq and the Dentom County Juvenile Probation Department have been providing a )uventle diversion program for the youth of Denton County which includes assessmento educational and counseling services Acocifically suited to the )uvenile offender. ; f By addressing the roots of illegal behavior, children ■nd their families are offered both the opportunity and the means for changes thus reducing the likelihood of future offenses and the solidification of a criminal lifestyle. The intent of this proposal is to expand the current program to include those children referred to local municipalities for misdemeanor offenses. Each child currently referred to the program participates for six to eight weeks, which includes on average of 18-1A hours of intervention services. The program can accomodate up to 80 children at any one time. At present, fees for Diversion services are offered to program participants on a sliding scaled with the Probation Department paying any difference between the scaled fee and the actual fee. For the Punicipalities in Denton Countyr the Juvenile Probation Departaent to offering to pay one half of this differwics in costa i 1 { . J FFpELEM STATEMVDT ±ouths in troubIt q tiOLIO lad vt,uthsi the relationshto is oil,' i tel. In t•sstimoni before the ";mete Sub-cammttte CM Juvenile v1t%Ce4 Jchn Manahan listed several Chlidhcod predict.-.'s f c+•ueinal behavior. Amonq these e,ere conflict between the vvu*.ri's #0,' of lMarahan . supervistom, a,dyathe thanctWh s Aowri c~erma•lafui-thy` ruopurted the not►an of the role of the family to the 0•oblaml stating. "The misbehavior of the soolescent may be regarded j.s r svmotam of chronic pathology to the whole family. The adalrscent acts as a kind emon 1 1 carrier .0 tThoughrnotoalltadoIsicamtteriminal family. behavior can be e.+plained by the "cry for help" theory* it seams certain that yw miles who do fall within those parameters may well keep "crying" with illegal behavior until some change occurs. For some 190 Youths in Denton county, the Juvenile Oiversion program has provided the opportunity for those changes to take place. It Eefore the juvenile Diversion Program was established 1n Donlon Countvq law enforcement agencies and the =uvenlle courts found themselves in the awkward position of heving to make an tither/or decision with luventls offendersi involving the child in the court evstem or letting him go. In many eases, netther response seemed appropriate. Both law enforesmomt officers and officers of the court saw not only the offense but also the offender, sometimes a confused, lonely, unsupervised Youthii a younger child whose friends have taken him on an °adventurs"6 ar a first offender whose decision making skills and value svstem sere still undefined. Since its inception the Diversion Program has provided law enforcement and the courts with an official action to address the illegal offense as well as a means of helping the juvenile offender to gain an understanding of his illegal behavior, without this stigma of being fabled a juvenile delinquent. The program was established to help youifhful offenders recogni:e the emotional motivators behind their illegal behavior longerii peer pressures depressions thrill seeking, etc,) and develop healthy alternatives for their management. I GBJECTNES i The purpose of the program is to reduce the likelihood of future criminal involvement on the part of the youths enrolled. It has been shown that the youths involved in this program will also I develop more socially acceptable behaviors by an increase in school attendance, fewer rebilltous acts against authoritl figures* an inersaee in eutra-cirricular activities, and a reduction in thlsr recidlvidsm rate. l I. W ti ME tH003 The JuventIt Diversion rrogram currsnll•i provides a full range oI assessment, ed_rcatior, And treatment options for %+o to 12} fuveniias a,+d their fa,ntltes par vear, Currently, )tvantlas entor• the 3rcgrAm through the JLIVeilile Prabattc.n Department upon the race. emend Pt ton of probation or dvtention officers, If trot f3nt1,, agrees to r,plore the option of Diversions they are riled to ccnts:t Canton Community Counsollnq for a specially destq,»d ,ts11ee4mant. this assessment involves a structured fomtIo interview to *%east the emotional needs of the )uvenlle offendero the nseds of his familyo and the dynamics at work wtthin the family. At the conclusion of the interview, recommendations for ! ,aoproo;late education and treatment elements are made which specifically address the Bialy precipitators of the illegal behavior, the family's needs and problem areas. (Sao Appendi,c A far a list and description of assessment and treatment options) Under the ra.•rent arrangement with Denton County, If the famA y accepts the option of Diverstonr with all recommended elements, they sign an agreement to participate and the charges against the 4 child art differed until the program is completed, when they are dropped, 1f the family declines participation or defaults from the program, the child and his family face the natural consequence of illegal behaviors introduction to the Juvensis Justice System. The average cost for the Diversion Program for each youth or family unit is about 6360,00 class what the family pays on the sltdinq scale), and includes 12-16 hours of intervention services, A typical plan for a youth or family unit includes the following elementss Is Initial family interview 8.0 hrs 8, Individual or family therapy 3.0 hrs 3. Juvenile Justice System and Laws 1.5 hre 4. Family Communication Skills 3.0 hrs 5. Ropes course theraputic activity 0.0 hrs 17.5 hre EVALUATION In order to assure appropriate use if program resources and to identify tnose Youths best Butted for Diversion, an an going evaluation system is built Into the program in the following mannart I I F i i a 9 r I. A production report of itrvicss dsl►varad in this p•sgram ►s compiled monthly. J 2. FMC►div►sm rates for individuals involved in the Diversion Frogram are calculated ame vear after the child has camleteli Vie Diversion Program by chscki.ig police and prcbat►an •ecords 3. race to face or telephone contact with the child's oarents to determine any change in attitude at home, improvement in school performance or school attendance / Fast follow-up reports on recidivism have shown an average of only 4 percent rscidtvisn among juveniles enrolled. The program has also served as a means of identifying those, juveniles with serious psychopathologist and greater potential for recidivisma ~ I FUNDING ISSUES This proposal requests that municipalities wishing to extend the option of Juvenile Diversion to misdemeanor ,juvenile offenders pay one half of the difference between the client's scaled fee 4 and the actual fee for services. The Denton County Juvenile Probation Department has offered to pay the other half of that cost (See Appendix B for services and foeel Appendix C for thr sliding fee scale). I ~ I i I i i j i i J Y J f F to M AFFEr~Dt.r A ASSESSMENT AND TFEATMENT ~FTION3 sTFUMFIED FAMILf INTERVIEW ~i rlIS I lib to 2 hour Interview ~Irth the child and his fAm:it: e,Plares th• dvnamles which lead the child to commit the i1le,;A1 elements Would pbe,most~ben■ficialliland I1luminates what prcq;Am ,i At the canCluslon of this Interview, preventing future offences, made to the family and if a r program r eed ta, the child is s enrolled ir. the i as COUNSELING SERVICES t Individual Counseling Individual counseling is recommended for children who would benefit most from a one-to-one encounter. exploring the underlying reasons for their offense. Individual therapy is limited to four one-hour sessions. The goal being to identify the problem issues facing the child and melp the child MOO decisions for their resolution A:olescent Group Counseling Group counseling consists of four l 1/2 hour sessions to explore the issues of peer prsseurer decision-Raking, values Clarification and effective handling of frustration. Group counseling in provided whenever there are three or ear* participants entering the program at the same time with stailar issues. Group counseling participants begin and concluded their counseling experience together, 111,. Family Counseling Family counseling is recommended when it becomes apparent during the initial family committed his offenv in reactionvtow %Pacifichfamilyld Problems, Family therapy will be directed toward exploring these issues and involving the family in a positive way with the child's negative feelings and behavior. 1 F h, 1 3. EDUCATIONAL SERVICES Adolescent SubstancG Abuse Prevenntioo phis three hour Saturday morning worl~shop fr,,r teens at-r►sa f.r substance abuse focuses on education about the major drlrgs cf abuse and their influence on body chemistry) emotional stabilit,. thinking processes and adolescent personality de•.elopme,lt. Sascial emphasis is placed on the use and abuse of alconol xrd mari)uana. Parents' Workshop for Substance Abuse Prevention 'h This two hour workshop for parents of children referred to the previ44s workshop provides Information and education about the current drugs of abuse, the signs and symptoms of substance abuse in adolenscents and strategies to deal with these difficujt F issues. Family Communication Skills h ! ~ This workshop is recommen-4d when problems in communication between family members appear to have contributed to the child's illegal behavior. The workshop's abjectiw is to identify the family's present communication dynamics ands the blocks to effective communication existing within the communication I pattern, and then to help the family in develop alternative patterns through education and role play. Parenting Adolescents This workshop consists of four 1 lib hour sessions to address the specific issues of parenting adolescents. The study group meets weekly to discuss Individual parenting issues and explore alternative parenting strategies and the developmental tasks of adolessnsit as presented in the Systematic Training for Effective Parenting series Adolescent Development This 2 hour session for adolescents thplores the hormonal and emotlgital changes that occur during adolescence. Information on why rood swings occur, why familial conflict seems continuous and the dynamics of the role changes taking place during the adolescent years is emphasized. The issue of teenage suicide is also briefly discussed. 1 I t i Adolescent Ropes Course ChalIerge Evers Gift to eight weeks. Denton Commun►!y Counseling, ~n ctitn with local Summ i t s . recreational professionals (Summer mm InC.J, provide Diversion Program participants with an experierce on a local ropes course designed to challenge the spirit and snchance self esteem. The eight hour exper!amce demonstrates that excitement and adventure canttabv place in positive, self esteem promoting ways as an alternative to the negative thrill of illegal behavior. It also provides a means for program participants to practice the poor-pressure resisting skills they learn during the Diversion Program by placing them in a position to need to speak for themselves if they do not want to participate in a given activity. i E I { i I 4 Adolescent Ropes Course Challenge Everv si•+ to eight weeks, Denton Community Counseling, in cOnPunctyc,n with local recreational professionals Summer Summit I- Inc - i, provide Diversion Program participants with an v pe,-yence on a local ropes course designed to challenge the solrit and enchance self esteem. experienco demonstrates that era th n the eight hour an tail J Place in positive, self estuam Pp omotingwaysas analternaties 1 to the negative thrill of illegal behavior, it also provides a r`11 means for program participants to practice the peer-Pressure resisting skills they learn during the Diversion Program by placing them in a position to need to speak for themselves if they do not want to participate in a given activity. Z 16 f I i 1 ~I I I ~ I M 5F 4 i M APPENDIX $ JUVNENILE DIVERSION FFOGRAM SERVICES AND FEES admtntstvation, office and other costs incurred in conjuncticj wlth service provision for the Juvenile Diversion Program will i emdln the resao-IsibilLtie of Denton Community Cou6rseI lily. MuillCipalltlss will be billed only for half of any costa r4m31niog after the client pays his scaled fees for services. Services Total Cost Per Hour Structured Faintly Interview $30.00 i Individual Counseling 50.00 Faintly Counseling 50.00 • Adolescent Group Counseling eS.00 Educational Services e0.00 a. Adolescent Substance Abuse Prevention b. Parent's Workshop for Substance Abuse Prevention c. Family Communication Skills d. Parenting Adolescents e. Adolescent Development Adolescent Ropes Course Challenge 60.00 / day The average cost for each child/family in the program is 0360.00 and will include I9-16 hours of intervention services. The cost break down for a typical program is as follows) 1. Initial family assessment e.0 hrs 0100600 8. Individual or family therapy 3.0 hire 150.00 3. Juvenile Justice System and Laws 1.5 hrs N/C 4. Family Communication Workshop 3.0 hrs 60.00 5. Adolescent Ropes Course Challenge 0.0 hrs $0.00 ----J - 17.5 hrs 0360.00 T APPENDIX C DENTGN C'~MMUNITV COUNSELING 3LIDINO FEE SCALE HOUSEHOLD MEMBERS 1r,C0ME I 2 3 4 g 0-13,la 22 14,000 L3 22 at eo 20 15,u00 + 2S 24 21 20 20 16,4,:0 + 26 25 23 2 21 17,000 + 27 26 24 23 3 28 18,)00 + 29 29 25 24 23 19,000 + 30 29 27 26 21 24,000 + 32 31 30 27 2b 21,000 + 34 33 30 29 re 220000 + 33 34 32 31 30 J 230040 ~ 36 35 34 32 31. , 240000 • 38 37 33 32 250000 + 39 38 3b 3S 34 260000 + 41 40 37 36 35 27,000 + 43 42 39 36 37 280000 + yy 43 41 40 39 290000 + 45 44 42 41 40 i 30,000 + 47 46 43 42 41 ' 310000 + 4a 47 45 44 43 32,000 + 46 45 44 330000 + 2 51 48 47 46 349000 + 52 51 50 49 48 1 35x000 + 35 SO 49 548 360000 + S6 54 53 5 37,000 + 57 S6 5 54 4 53 51 3 58 380000 + 59 58 5S 57 554 53 6 55 390000 + 400000 + by 50 59 58 57 56 410000 + 60 60 60 57 56 55 59 S8 480000 + 410 60 60 60 59 430000 + 60 hA 60 60 60 I i 1 i~ A , a i 1 1 i i r k g_ 9 DATEi: 7111189 CI T COUNCIL RR('ORT _F RWAT ~ TO. Mayor and Members of the city council 1 FROM: Lloyd V. Harrell, City Manager SUBJ: Human Services Committee Funding Recommendations RCCOHMr NDATION: The Human Services Committee (HSC) recommends funding of the following agencies in the specified amounts: SPAN - $36,000; Nandi-Hop - $34,000; Fred Moore Child Care - $28,000; City County Day Nursery - $14,000; R.S.V.P. - $6,800; HOPE - $5,000; AlDenton - $4,250; Ann's Haven Hospice - $5,000. 1 I 1iAt,'KGRP~IXD~ H.S.C. solicited agency proposals by advertisements in the Denton-Record Chronicle. Funding hearings were held which allowed each agency to discuss their need for local funding. Committee members made the decision regarding final recommendations to Council on April 20, 1989. j SUMMARY: Please see the altached chart for a htnding history t (since 1987) and a listing of all agencies requesting funds this year. 1989-90 HSC recommendations are also included on the chart. PROQ-&4MS,DEPARTMEXTS.OR OROUPS AFFECTFA Requesting agencies have all commented that they have experienced a cut in private donations as well as state and federal funding, Additional local revenue, in their opinion, is needed to till these gaps. The Community Developmerit Office and Finance Department monitor agenev contract compliance, I I J~ 1 i r b'ISCAL IMPACT, IISC recommendations constitute a $9,250.0() (6%) Increase over the 1988-89 budget. Rest ttull}•~su~~utted: ~;Id? City Manager Prepared by: Barbara Ross Community Development Coordinator Approved: rant: Robbins A I C P Executive Directot•, Planning A Development ATTACHMENTS. 1. Budget Recommendation Chart 2. Minutes of April 20, 1989 I I I { a HUMAN SERVICES COMMITTEE BUDGET RECOMMENDATtONS 1987 1968 1989 1989 Change Prom Aaencr Budget u@ dgtJ ReouestI Recommendations Previous Budget SPAN 1 35,040 S 36 000 f ~ 1 40,000 1 36,000 No Chance Friends of the Family 320000 33,000 66,000 33,000 No Change Nandi-Hop 34,707 36,000 38,000 34,000 Prod Moore Child 25'000 26,000 30 000 Care Center , 28,000 8j I Denton City-County 120000 14,000 140000 14,000 No Change Day Nursery RSVP 6,800 60800 7,500 60800 No Change HOPI -3,000 50000 5,000 R i' . ,'100 No Change Diet Center - - 5,000 0 New Request AIDenton - L+,525 49250 Now Request I' Parents Anonymous - 0 21500 0 New Request Denton YMCA - - 71025 0 New Request Life Planning/Health Services - 0 31750 0 New Request Ann's Haven Hospice - 0 110820 50000 New Request 'r Denton County Clinic Project - 0 4,600 for Prenstal Clinic 0 New Request TOTALS 5148,507 1156,800 8243,720 11660030 6% 'E 0275s/3 I r ~ a. Official Human Services Committee April 20, 1989 PRESENT: Barbara Atkins, Hugh Ayer, Jim Bezdek, Anita Cowan, Dorothy Damico, Dick Enos, Don Harper, Irene Price, Rudy Rodriguez and Gary Truitt. ABSENT: Linda Ashmore and Reg Rezac STAFF i PRESENT: Barbara Rosa, Community Development Coordinator; Penny Black, Secretary and Frank Robbins, Executive Director for Planning 6 Development. i i I. Chairperson, Dorothy Damico called the meeting to order at 4:05 pm. Ms. Damico asked if staff had any information for the committee concerning the funding hearing process before they began. Me. Ross said she had spoken with Debra f Drayovitch and she would not be present although the Bill exempting the City from indigent health care responsibilities had passed the Housa and was going to the Senate for final decision. Mr. Robbins passed out a copy of the results from the City Council questionnaire. The questionnaires are completed in an effort to establish the council's funding priorities. Mr. Robbins said the council was aware that HSC would be receiving the questionnaire results and they had ranked Human Services as last on the list with an average of 5.1. Ms. Damico asked what the council was saying about the overall budget in regards to the HSC funding requests. Mr. Robbins said in the presentation to staff the budget is the some as last years, in terms of the level of effort. The city's health insurance situation has created a deficit within its budget and questions concerning how this matter will be dealt with. The sales tax revenues were not extre- mely encouraging therefore there will be no increase of funds or increases in services, 1 Ms. Damico asked what was council's point, not staff's but council's. Mr. Robbins said the questionnaire really speaks for itself. Ms. Cowan asked if the categories and percentages could be read out loud for each page of the questionnaire. Me. Ross read all numbers for the budget questionnaire and their averages. -1 j r z Human Services Committee Minutes/April 20, 1989 Page 2 Ms. Damico asked if there were any questions. Mr. Harper mentioned that the bottom line was no increase in budget or services. Mr. Truitt asked what was the purpose of the memorandum, I Mr, Robbins said each department receives a target number during budget, kickoff season. This number is derived from the last years budget figure, automated merit increases r~ and the doubling of the city's health insurance expenses, subtracted from major capitalization. Because the committee falls under Planning a Developments administration HSC Is listed within their budget category, Ms. Damico asked if the HSC'a amount was the Planning a Development department, governed by li Mr. Robbins said no the committee gust fails within k his area, Mr. Truitt asked if this was an indication of the amount of funds to be budgeted when considering each agency's request. i Mr. Robbins said again that the committee needed to shoot for these numbers. Mr. Truitt said this waA the first time he had ever heard of the HSC having a budget. Me. Rose said it was not a budget, it was the Finance dept. and staff's way of directing the committee as to the amount of monies they determined could be spent. Ms. Ross assured the committee that they still answered to the City Council. Me. Damico spoke briefly concerning the Needs Assessment results and passed out a handout from leadership Denton. She added that the committee was in no way governed or bound to what staff says End the survey addressed needs for the delivery of service. Ms. Dafnico suggested the committee follow the budget sheet listing, discuss and decide which agencies would receive funding and which agencies would not. i P i r t Human services committee Minutes/April 20, 1989 P090 3 res. Damico said the surveys addressed a need for an upgrade of the referral and information servitransorati ces, increased networking duals who used the human vservicesdin Denton t She s idrwenwould addressed these items at a later date. Ms, Damico asked if the committee would first go through and determine which agencies did not apply this year or did not meet the I1SC criteria, North Texas Alcohol a Drug Center and t Center is he La Leche League did not apply this year and the Diet criteria. not aDamicoraskedaifnthere rwere they omeet the bjections or discussion. There were none. ,a Me. Damico said SPAN was requesting $40,000 an 11% increase from last years request, she asked if there was any die- cuseion. Me. Cowen believed SPAN was a strong agency and that they could possibly raise the increased percentage amount them- selves. i ~ Mr. Bezdek believed they should receive funding at the 1988 funding level. Mr. Harper agreed with Mr. Bezdek. i ~ Me. Damico said she hoped the City would take over the transportation situation themselves and suggested an allocation of ,36000. l Hr. Enos agreed with Ms. Damico and suggested they even receive a slight cut. No, Atkins expressed her concerns for the percentage of the population served as opposed to the unmet needs and believed c the agency should be funded at the 1988 funding level. Mr. Truitt said he was in favor of the 1988 funding level amount. He acknowledged that the agency served as the city's major form of transportation although he believed that city council should provide this type of service. Mr. Rodriguez believed $36,000 was an adequate amount of 3 funding. Me. Cowan eaid the council's questionnaire rated mass transportation very poorly with an avorage of 6.7. 1 i 3 ' J i Human Services Committee Minutes/April 20, 1969 Page 4 Ms. Damico believed the committee's strongest feeling was to fund SPAN at $16,000. The committee agreed unanimously. Mr. Robbins spoke briefly about the conversations amongst staff and SPAN administrators in regards to the mass transit situation. Mr. Ayer said the discussion with SPAN concerning mass transit is only within the Planning Department. Nothing has been discussed with the council members. Mr. Truitt asked if the discussion included anything outside the realm of SPAN's present day transportation, in addition to the ate requirements they have now. Mr. Ayer said first of all there was really no discussion it was more of an explanation from the City Manager to clear any misunderstanding. He believed there had been some talk between the Planning Dept. and SPAN I j Ms. Damico said Friends of the Family were requesting $66,000 an 82% increase from last years request, she asked if there was any discussion. Me. Price believed the i96S funding allocation of $33,000 waa sufficient. Ms. Cowan expressed that she was impressed with the agency's leadership and the increased services they were providing although she believed $33,000 was a sufficient allocation. Mr. Beidek believed funding at the 1988 loyal was enough. He also asked if this agency fit into the public safety category. Mr. Harper believed if the agency was funded at $68,000 there would be no funds left for the other requesting agencies. He agreed with the other committee members for an allocation of $33,000. t Ms. Damico agreed that funding at the 1988 level of $34,000 was appropriate. Mr. Enos said the 1989 request was unrealistic considering the number of unmet needs and believed the 1988 level of funding was appropriate. If an increase was considered i 3 Human services committee Hinutes/April 20, 1489 Page 6 no more than 10% additional to the $33,000. men- tioned the good job the agency was doing since.theoclosing of Flow Hospital. Me. Atkins said she was impressed with the increased services , the agency was providing. Mr. Truitt agreed with Me. Atkins remarks and suggested they be funded at $33,000. i Me. Damico agreed, she 31eo noted that the general consensus of the committee was that the agency's funding amount be $33,000. Me. Damico said Hand1-Hop was requesting $38,000 a 6% increase from last years request, she asked if there was any discus- sion. Hr. Truitt believed the agency should be funded at the 1989 r equested amount and commented that he felt the committee fundin agenposs had at tlhe request d elovel sin a HSCrhas sole responsibhe billty for funding the Handi-Hop program. Mr. Rodriguez suggested the agency raise their fees to get the extra funds and allocate only $34,000 which was last years funding level. Me. Price agreed with Mr. Rodriguez. Mr. Betdek, Me. Damico, Mr. Enos and No. Atkins suggested the agency receive funding At the 'S8 budget or a reduction from that. Me. Ross said $38,000 is not all funds, they funds, due to the contract limitations, et, get supplemental Mr. Harper asked how the taxi service worked? Ms. Damico said people that need the taxis' services are responsible for contacting SPAN and requesting the use of the taxi. Hr. Truitt noticed on the questionnaire that 16% of the use of the taxi service was non-emergency medical or employment. Hs. Damico called for a vote on the Nandi-Hop funding decision. There were 4 in favor of funding at $34,000 and TWW 1 r i I I Human Services Committee Minutes/April 20, 1989 Page 6 3 in favor of funding at $36,000. Ms. Damico said Fred Moore Child Care Center was requesting $30,000 a 16% increase, she asked if there was any ` discussion. Mr. Truitt said the agency was supporting a lot of activities with a small amount of money. He also mentioned that tho i foundation funding cuts were affecting a lot of the agencies. He mentioned that he really did not know what to recommend considering there wasn't any excess funds to allocated any increas3a for the agencies. Me. Damico said you've taken into consideration "he needs and the agencies responsibility is to advise council of the needs who actually feel are bottom line and if an increase is above last year its probably because the need is also i greater this year. Mr. Rodriguez said considering the age group and population that the center is providing services to as opposed to an- i i other group that the public schools do not do. Fie considered there were funding sources from the state and local level which supported the agency. He believed the agency should receive the 88 budget amount of $26,000. Me. Price believed the agency should receive the $30,000 they'd requested. Me. Cowen believed the agency should be funded at the 188 funding level and possibly an increase discussed later in the meeting. Mr. 6ezdek suggested the '88 funding level amount, Mr. Harper agreed. Me. Atkins suggested the '88 funding level amount and Ms. Damico agreed adding that a $1 - $2,000 increase would be helpful to show continued support. The committee chose to allocate $28,000 to Fred Moore Child Care Center. Me. Damico said City County Day Nursery is requesting $14,000 the some amount as the '88 budget. Me. Damico asked was there any discussion. J There was no discussion. The committee agreed unanimously 1 for $14,000 in funding for City County Day Nursery, T-W 01W Human Services Committee Minutes/April 20, 1989 Page 7 J Ms. Damico said RSVP was requesting there was any discussion at this time. and asked if Mr. Enos said he believed the agency was an extremely economical service and he would vote for granting their request of $7,600. ' Me. Atkins said the presenter Ms. McClatchy had a very generates o directly backnintoathehCityrk hours recommending $6,800 to $7,600 in funding for RSVP. Mr. Truitt agreed with Me. Atkins. Me. Price and Mr. Rod- riguez both agreed to the '88 budget or a small increase. i Me. Cowan believed the agency had a good program for aging individuals. She recommended funding at the '88 level with a consideration for increase. the Committee agreed to fund RSVP at 9,800, i Me. Damico said HOPE was requesting $5,000 this no increase percentage change from last years. Sherasked if there was any discussion. Mr. Harper said he believed the service HOPE provided was very beneficial because it works people back into self- sufficiency and housing of their own. Ms. Damico expressed her concern for the type of service the city was funding, considering the proposal states funding will go for salaries and food. Me. Damico said she could go for $5,000 or lose only if the city's funds would assist in getting more federal funds and support the City by funneling money back into the Me. Rose informed Me. Damico that Ma. with our City Attorney and he requested othat hwee notkpr rent assistance service therefore she could not placerthede f actualiycso category Into the salarios c and gfood as It Is Me, Damico thanked Ms. Ross for the clarification of the mattor. Me, Atkins, Ms. Price, Mr, Truitt and Mr. Rodriguez all agreed to the funding request of $6,000 for HOPE. 6 e f C! 5 1 Human Services committee Minutes/April 20, 1989 Page 8 Ms. Damico asked the committee how they wanted to handle the health care issue. Mr. Bezdek said he did not think we should recommend health care at all. Mr. Enos agreed with Mr. Bezdek and mentioned the events that occurred last year where the city withheld funding. 3 Mr. Truitt said if we are charged with recommending funding of unmet needs, we really need to get busy whether it be by recommending funding for these requesting agencies or addressing the unmet needs elsewhere. Me. Damico said in the survey it was very clear that health care is the major unmet need. There is no way we can avoid the issue. i Me. Cowan believed that AlDenton needed to be discussed and addressed by the community considering the fact that 30% of the newborns at Parkland are believed to have the AIDS virus. i Ms. Damico asked Ms. Cowan if she wanted to speak to AlDenton. Me. Cowan said yes and also Anne Haven Hospice. Mr. Enos asked if Ann's Haven was really medical. Me. Cowan said it was tied in with the hospital. Mr. Ayer said since the Senate Bill I passed the house this will put a perspective outlook on all health care issues. Me. Atkins believed since Ann's Haven Hospice was funded by other cities and counties possibly they are in the gray area and not really considered health care 1 issues. Ms, Damico asked for a vote determining which agencies HBO would speak to that are considered health related. AlDenton - unanimous, Life Planning 7/opposed - 4/favor, Ann's Haven - unanimous and Prenatal Clinic 7/opposed - 4/favor. i Human Services Committee Minutes/April 20, 1989 Page 9 Ms. Damico explained that AIDenton was requesting $8,626 in funding for space, Ms. Damico asked was there any discussion at this time. Mr. Bezdek recommended funding at $4,600, Mr. Harper agreed with Mr. Bezdek. Ms. Damico voted for no funding at all, Ms. Atkins voted for 1/2 of request or leas, Mr. Enos agreed with Me. Atkins, Mr. Truitt said due to the the controversial/political aspect in Denton public health and local hospitals are referring victims outside the areato receive treatment and testing. He believed this was a service Denton really needed. He voted for $4,600. Me. Price agreed with Me. Damico. Mr. Rodriguez and Me. Cowen both agreed to 1/2 of the total request, Me. Cowan added that her vote was based on the consideration cf the newly received grant from Interfaith Network who also supported them. The committee's general consensus is for $4,260 In funding for AIDenton, Me. Damico asked for a vote of all in favor of $4,260 to raise their hands the motion passed with 8/favor and 2/opposed. Me, Damico explained that Parents Anonymous (P.A.) was requesting 2,600 in funding. Ms. Damico asked was there any discussion at this time, Ms. Cowan said the weakness of the organization is service of number of families in Denton, besides that, the board is made up of solid individuals and the staff works well together. Ms. Cowan commended Me. Shubert for her kind remarks concerning the agency. Mr. Bezdek voted for funding in the amount of $21600 and Mr. Harper was unsure. Me. Damico voted for no funding and Ms. Atkins and Me. Price agreed with her. Mr. Enos said he did not understand the agency's mission, he asked were they a therapeutic support group or some other type support group, He also mentioned his reservations about staff concerning professionalism. Mr. Truitt spoke to last years situation and recommended $10000, Mr, Rodriguez dittoes Mr. Truitts' statement. The committee's general concensus is for $1,000 funding fur P. A. Me. Damico asked for a vote of funding P, A. at $1,000 the motion failed with 3/favor and 6/opposed. ~ I Ma, Damico said the Denton YMCA is asking for $79026 for after school activities at the First Methodist Church. Me, Damico asked if there was any discussion. Me. Price believed the area served is too limited. Me. Cowan felt Me. Morander had a positive preeentation although she believed the ser,less were already being provided I I `r t J Human Services Committee Minutes/April 20, 1989 Page 10 elsewhere. The general consensus of the committee was not to fund the Denton YMCA. Ma, Oamico said Ann's haven Hospice was requesting $li,820 she asked if there was any discussion at this time. Me. Atkins, Mr. Rodriguez and Ms. Price believed the committee should recommend an amount in support of the agency possibly $2,000. Mr. Truitt chose not to recommend an amount for funding, Ms. Damico agreed with Mr. Truitt. Mr. Bezdek suggested the committee recommend 1/2 of the agency's request, Mr. Enos agreed. The committee's general consensus was to fund the agency at $5,000. Me, Damico asked for a vote of funding Ann's Haven Hospice at $5,000 the motion passed with 6/favor and 1/opposed. F The committee voted unanimously to fund the following agencies as listed below: h SPAN - $369000 Denton County Friends of the Family - S 33,000 Handi-Hop - `349000 Fred Moore Child Care Center - $28,000 I City County Day Nursery - $14,000 RSVP - $0,800 HOPE - $5,000 Ann's Haven Hospice - $6,000 G AIDenton - :4,260 Ms. Cowan asked if the committee could give an explanation of why P. A. continues not to be recommended for funding. I Me. Damico requested that staff compose an answer of reasoning to Ms. Cowan's question and submit it for P. A.'s board members. Mr. Harper asked what about prioritization can we say wherever cuts occur if some of the recommendations get dismissed. Ms. Damico asked tho committee if they wanted to make recommendations or priorities as to which agency gets cut if any need be. There were 6/favor and 4/opposed for no recommendation. The meeting adJourned at 6:40 p.m. I i 1 t 1 r~ J I r , ~3a ciryofDENTON,TEXAS _ MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (8 IF) 888.8307 Office of the City Menager M E M O R A N D U M ---1 TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager I DATE: July 7, 1989 SUBJECT: Geographic information System Recommendations The GIB process has been a very long process. What we will attempt to do in the following pages is to cover five main aspects of the GIB system and our organization's examination and recommendations to you. We will attempt to give you (1) a histoty and evolution of 018 systems, (2) the history of our study and examination in the organization, (3) the hardware proposal and costs, (4) other costs of the next five years, and (5) a recommendation and time schedule from the GIB Task Force j and the staff as well as appropriate Boards and Commissions. i, History and Evolution of 016 Systems I 016 systems began a number of years ago when the graphical capabilities and computer systems became more and more advanced, Once this occurred, it was a natural tendency to put more general information on these graphical presentations. Special kinds of software began to be written that would link this graphical information with tabular or written information and the 018 systems began to be formed. The first major users were larger entities that had a need to display both graphical and tabular data or to make use of this information in several different ways. The first users were generally large companion i 1 and corporations and the government. 018 systems have now been in use for at least a decade and the systems have enjoyed wide proliferation because of their varied capabilities in terms of showing different kinds of graphic and tabular information joinod in any Albuquerque, tu British wPetroleum, City Government haof Jamaica, The L. A. Times, Pacific Lumber Company, the City of Las Vegas, the Army Corps of Engineers, Canadian Fotestty Service, Southern California Edison and the Oregon State Energy Commission are just a few of the major users, In Texas, we i Lloyd V. Darrell July 7. 1989 Page 2 11 are aware of the following cities which are now using or installiny ARC INFO: New Braunfels, Austin, Bedford, and the San Antonio Water District. Just recently, North Texas Central Council of Governments as well as the University of North Texas have purchased ARC INFO to begin using at their facilities. So, as you can see. G1S programs are beginning to see a much more varied and wider use all over the country. 11, History of City of Denton Study The following is a brief history of the efforts of our task force and also some highlighted areas of where we think 01S will have an effect on our organization. Our study actually ' began with the Utility Department and their need to be able to do more analysis of the electrical and water/wastewater systems. In the summer of 1987 they began to talk about different computer applications and softwaro that would enable them to do this. Once they began these discussions, they decided that they could expand their scope somewhat to take I advantage of some of the more fundamental aspects of. 016 systems. They put together an PlIP and received bids on a small system. When those bids were discussed at the executive staff level, we began to have discussions that centered not just on utility applications but on whole effects throughout the organization. We decided to take another look at the ' j applicationb and the needs throughout the organization before proceeding ahead, We began a year ago last December with a preliminary study to look at the needs of the City. To help IBM with this internal study, we formed a GIS Task Force. That Task Force was made up of representatives from Planning and Community Development, Engineering, Data Processing, Eleotcical Distribution, Power Generation, Water/Wastewater, and myself. Attar a detailed study of the needs, we began the process of aseertainiry the kind of system that would be able to meet the needs of the City, be able to share this Information over the existing network of PC's and terminals, be one that was expandable to be used for other uses in the future, one that would be able to be used a long period of time, and finally one that was cost effective. We began last year with a RF1 (Request for Information). We received answers from some 15 or 16 vendors. We met with those vendors to talk about our system and what we were looking for. In the Fall of the year, we sent out an RFP (Request for Proposals), and we received seven proposals. We narrowed those I down to three vendors. We made field trips to all three of the vendor's facilities, looked at their products and systems, negotiated with them, and finally recommended ESRI as our choice. i i r i Lloyd V. Harrell July 7. 1989 Page 3 In May, we met with several members of the Data Processing Board. They reviewed our recommendation, and although they lacked a quorum to take formal action, the members present did recommend that we proceed. At the May 24 meeting of the Public Utilities Board, we discussed the recommendations and proposals of the Task Force and received unanimous approval from the Public Utilities Board. The GIS Task Force and the Staff believe this system will be invaluable to the city organization. As mentioned earlier, early in the process we did a needs assessment for the major departments within the City where we believed GIS would have major applications. The Task Force interviewed each department with a standard questionnaire. We asked them to list the benefits that the system would generate for them. The Task Force reviewed them and sent the list back to divisions and departments for a confirmation. We then incorporated their responses in our needs assessment study as potential costs that could be saved or losses that could be avoided. The following are just some of the highlights and comments that were made indicating savings in productivity time or cost avoidance. These highlights below have not been confirmed, but they Illustrate general improvements using departments believe would occur from GIS. The enthusiastic response demonstrates just some of the potential which this system would have for our I organization. COMMUNITY SERVICES 1. Increase productivity of Code Enforcement under current staffing due to decreased ownership and Need research. 2• A productivity increase in residential Solid Waste and commercial solid waste due to increased efficiency in route design and work distribution. 3. Better utilization of Street Maintenance Fund through use of a more comprehensive data system for maintenance schedules on our street system. 4. Avoidance of costs in vehicle maintenance costs per year. S. An increase in productivity of the clerical staff and a decrease in citigen response time by. i ENGINEERING I 1. Increase in design production. This increase will be as a result of the reduced amount of time spent in doing research of existing files for existing data. k r P Lloyd V. Harrell July 7, 1989 Page 4 ENGINEERING (Continued) 2. Reduction in costs of our in-house designs. 3. improved analysis and decision making. With the GIS system, we will be able to analyze numerous scenarios for any given street design with a minimum amount of design and drafting time being needed. 4. Direct access to outside data bases such as gas and telephone locations, cable TV locations, and other existing facilities will improve our accuracy and will allow us to anticipate problems much easier. 5. GIS would allow for the continuous update of all the existing base maps within the City such as street maps, hydrant maps, zoning maps, flood plain maps, etc. EI,ECTHIC i E 1. Reduction of energy losses through use of more accurate designs. 2. Avoidance of maintenance costs through more detailed and more accessible maintenance records. 3. Cost avoidance of capital expenditures through use of I more analysis and design scenarios. 4. Improve productivity of technical staff through reduction of information and data acquisition. 5. Reduction in outside consultant and engineering costs through more reliable system information and delivery of such when we use consultants. ~--I 6. Productivity improvements for both field staff and administrative staff through the use of more accurate and derailed information. 7. improved system reliability and customer service. 8. Improved ability to respond to future regulatory requirements. E i WATERIWASTEWATER 1. Reduction in field maintenance costs and plant maintenance costs through better maintenance scheduling based on better system and plant information. I I .k Lloyd V. Harrell July 7, 1989 Page 5 WATER/WASTEWATER (Continued) 2. Reduction in permit violations. 3. Increase in productivity through better usage of crews through more^.revention activities. 4. Reduction of outside consultant and engineering costs. 5. Setter usage of capital improvement expenditures. 6. Reduction of operating costs for water production. 7. Reduction in operating costs for sewage treatment. 8. Reduction in costs of producing maps. FIRE 'I 1. Reduce response tire through the use of optimum routing based on current street conditions. 2. Reduction of apparatus and building maintenance costs j through more efficient use of equipment and buildings and use of more preventive maintenance. l PLANN1Na AND DEVELOPMENT 1. Better utilization of existing data for analysis and forecasting of needs as a result of zoning cases through the use of enhanced analytic capabilities. I 2. Better utilization of public funds through analytic capabilities. i 3. Possible increase in grant funding levels. 4. Analytical capabilities will allow a more proactive role by use of more analytical capabilities to project future growth and needs for both P&Z and the Council. 5. Time saved for zoning analysis per month in the following areas: comprehensive planning, subdivision review, property owner research, mapping and graphics, statistical/demographics, ordinance preparation and research, grant reporting, grant applications, updating files. II~ ~ I SPIN" i F , Lloyd V. Harrell July 7, 1989 Page 6 I POLICE I• Increased arrest rate for Part I offenses by using crime analysis, locations and MOls. 2. Reducing response time. 3• Reduce lost time of personnel and equipment. MUNICIPAL SERVICES I• Reduce site data base maintenance. , 2. Reduce prospect proposal preparation. 3• Increase targeted market groups. 4• Improve maintenance capabilities and building operations { 5• Improve the level of Parks 6 Recreation Building Services, ' As mentioned earlier, Points these are just highlights of the major of t course,talong cwith all divisions oreachdepartments the divisions and i departments mentioned an increase in morale because of new and i better information and analytical capabilities for all of our employees as well as an enhancement of the City image for the citizens. This image enhancement would be a result of our ability to access information faster and much more accurately. The estimate of cost avoidance or increased the whole organization which was estimated o buctihes e across divisions is $1.9 million per year, I would like e to stress usin again that we think these are avoided costs. They are not necessarily costs that we will see as being saved. However, we do see them as costs that will be realized In our increased productivity, our increased ability to analyze data or respond to situations. 111. Hardware Proposal and One-Time Costs d The one-time costs include the actual machines that we will i purchase as well as all the items that we will need to install the system. As we mentioned earlier, we have negotiated with each of the vendors and have finalized our costs with the recommended vendor, ESRI. I i j [.loyd V. Harrell July 7, 1989 Page 7 Our one-time costs to purchase all the hardware and software, training, optic lines and map conversion is estimated at $916,400. This includes an upgrade or replacement of our existing main frame computer, five work stations, two plotters, two copiers, and two digitizers. It also includes the software on the main frame, the GIS software for the work stations, and the analytical software for the water and sewer utilities, engineering, planning the electrical utilities. It includes two weeks worth of intensive training for up to 15 people from our organization and it includes $250,000 worth of map conversion. This conversion would allow us to have out basic maps digitized and loaded into the system. IV. On-Going Costs For The Next Five Years We have projected our maintenance costs for the hardware we listed above and the maintenance of our software for the next five years. Those costs are estimated to be approximately $324,400. These costs include maintenance on all the machinery we have listed previously. It includes maintenance and enhancements of all the software as new additions or changes to the software are made over the next five years. This software f includes engineering software that would allow for street design, drainage analyzation, flood control, water and sewer system design as well as system analysis and maintenance. it y would also include all of the software that would be used to j analyze the electrical production and distribution systems. Uses there range from the maintenance of the facilities to the N design of the power lines, the sizing of transformers, to work order processing, trouble call analysis and many others. These costs are included in the budgets that will be submitted to the Council nest month. The second area that we look at over a five year projection were the personnel costs. We have estimated those costs to be approximately $769,000. These costs include one position in J data processing, one in engineering, one in water/wastewater, and one in electrical. These positions were included in the departmental budgets that will be submitted to the Council this year. In some cases, positions wore eliminated so that these positions could be gained. At this time we do not see the need to add any more positions foc the naxt several years. However, as new uses and ways to use the system evolve, there may be other personnel needs. The Task Force along with the staff have agreed that as these needs arise, they will be included in i the budget process just like any other new supplemental package and will have to proceed through our ranking process. The total costs of personnel, one-time costs and on-going hardware and software maintenance costs over the next five I i I~ E f E Lloyd V. Harrell July 7. 1989 Page 8 Years have been estimated at $2,007,800.00. These costs will 1 will be borne by the General Fund and Utility funds. We have separated them by Usage and the totals for the General Fund and r the Utility Fund are shown respectively Utility Fund General Fund I Personal Services $ 467,005 $ 302,033 One Time Cost $ 460,625 $ 455.767 Maintenance of Hardware S Software Costs 129,819 js 194,570 Total $ 1,057,449 $ 952,369 V. Recommendations and Time Schedule As we mentioned earlier, we received a unanimous recommendation from the Public Utilities Board and a review and favorable comments by the Data Processing Advisory Board. Staff would recommend that we proceed with finalizing the contract with ESRI and IBM and the other vendors with which ESRI has on-going agreements. This would allow us to purchase most of the items in our one-time cost category. We would expect to have this contract from ESRI by our first meeting in August. We have also taken bids on a replacement for our main frame and those would be available for your meetings in August. If the Council y approves those contract, we will then have all of the elements of our GIS system under contract. We would then work with ESRI to develop ai RFP for the map conversion to make sure the conversion and the data we receive would be compatible to all , of the software that we had purchased. Since ESRI's costs on this project are basically for the software licensing and the training, we would be able to enter into that contract and wait to enter into some of our purchasing agreements for the machinery. I have attached a schedule for the cash flow recommendations. The reason this schedule is staggered is so that we could take advantage of some CO issuing costs and arher I things that are related to both CIS and the budget process. As we mentioned earlier, the funding for this project will be borne by Utilities and the General Fund. Utilities has already sold the bond funds that will be used to purchase their part of the GIs system. Their bond funds could be used to provide the financing for the ESRI contract. The General Fund portion of the funding does not exist yet. Our recommendation to the f Council is to issue Certificates of Obligations for five years. These CO's would be in the amount of approximately $450,000-$460,000 and would have an annual cost of approximately $125,000. We would suggest to the Council that the timing of issuing these CO's be tied to the budget process. E i I I Lloyd V. Harrell July 7, 1989 Page 9 As you know, there are several projects included in the budget or that have been discussed previously that will need some kind of CO funding to realize them. These include the garage building in the vehicle maintenance budget, our normal lease package money that we issue each year and for vehicle purchases the phone system. Of those three categories, we see the garage building as being ready to be built first. Our suggestion would be to wait for the budget process to be completed. At that time. we will know whether we will be issuing money for some of these other projects. If we are, the issues could be combined thus our issuing costs would be smaller for each of the pacts of the issue and we could realize some economies of scale. This would allow us to have the money available very shortly after October 1, 1989 to purchase the remaining system pieces of hardware. With this in mind then, our system could go forward with installation of the GIS system to be very early in the fiscal 1989-90 year. We would expect complete installation of all the machinery to be completed within thirty days of receiving all of the hardware. Currently, estimates of delivery time range from four to eight weeks. With these kinds of estimates, our system could be installed, our people trained and we could be up and running by the first of the year. We have also anticipated that the conversion contracts would happen in the fall of this year, with the conversion of our data taking approximately three to six months. With this `l scenario, we would expect that the total system would be running by sometime late next summer. We would be able to begin to get some of the true benefits of the GIS system approximately a year from this October. This is consistent with the initial studies and our ongoing studies and information that we have discussed over the last several months. i In closing, the GIS Task Force and the staff realize that these are very large numbers. However, we think the estimates of productivity increases and costs avoidance are approximately $1.9 million per year. As we mentioned, we do not think that those will begin immediately. Rather, it will take us approximately a year to see any real true GIS kinds of data that come from the system. Thus our savings and cost avoidance will not begin immediately. In fact, the $1.9 million estimate may be optimistic. However, even if it is 400% too optimistic, our cost avoidance or increased productivity would be approximately $500,000 a year. If this is the case, the total cost of the system would still be paid for in five years. Therefore, we think it is reasonable and logical to pursue the 0I6 system. The 015 Task Force and the staff would whole heartediy urge the Council to continue to support us and direct us to enter into the contracts and negotiations that would make GIS a reality for the City of Denton. i I i i i F 1 S 1 { Lloyd V. llarro? 1 July 7. 1989 Page 10 The numbers that we have presented to you are available for you or the Councils review at your leisure. We have breakouts of any or all the parts of those numbers. We also have available copies of the needs assessment study and the questionnaires that were used to develop some of our costs. If we can be of any further assistance in providing information or answers to questions. the Task Force and I stand ready to answer them for you. GIS TASK FORCE Gary o lies Joe a Orr u Sam Fleming v Don~MCLaug in Lee~ison J c Frank oRi k Svehla ; ~ I i RS:bw 4610H r Attachments r fi i I I I i r k MINUTEST PUBLIC UTILITIES BOARD May 24, 1989 1. CALL TO ORDER The Public Utilities Board of Denton, Texas, convened with Chairman Roland Laney presiding at 6:30 p.m, on Wednesday, May 24, 1989, in the Civil Defense Room of Denton Municipal Building, Denton, Texas. Board Members in Attendance: Roland Laney Robert LaForte John Thompson Mark Cher Kenneth Frady R. E. Nelson Lloyd Harrell Staff in Attendance: I David Ham Ernie Tullos Dipa Outia Ivor Weiner Ron Me erson Lee Allison Joe Ialenti Sam Fleming Monte Mercer Lloyd McClendon j Gay Racina Gary Collins Rick Svehla Don McLaughlin Jim Thune Harry Persaud Others in Attendance: Paul Brietzman, Special Consultant for Lone Star Gas Contract Negotiations 2. CONSIDER MINUTES OF THE FOLLOWING PUP'91: UTILITIES BOARD MEETINGS a. Joint Public Utilities Board ai Planning 6 Zoning Commission meeting of March 22, 1989 LaForte made a motion to approve the minutes as written. Second by Thompson. All ayes, no nays, motion carried, b. Public Utilities Board meeting of April 26, 1989 Thompson made a motion to approve the minutes as written. t Second by Chew. All ayes, no nays, motion carried. i c. Public Utilities Board Special Called meeting of May 2, 1989 Chew made a motion to approve the minutes as written. Second by Thompson. All ayes, no nays, motion carried. Minutes of May 24, 1989 Page 2 d. Public Utilities Board Special called meeting of may 8, 1989 Frady made a motion to approve the Minutes as written. Second by Chew. All ayes, no nays, motion carried. 3. CONSIDER GEOGRAPHIC INFORMATION SYSTEM (GIS) haveobeen to ked at. Overethe explaining years the City sides of f had the a Issue force with three representatives from the Utility Department among { its members. He then invited Rick Svehla to speak to the Board. Svehla advised that an analysis was made of the user departments needs and it was found that much duplication of effort and recordkeeping was the rule within the city organization, especially in the areas of mapping and information management. The study also identified the needs of the users such as ability to share , Information, analysis capabilities, abili y to talk work station to l work station, etc, After the initial needs analysis, staff visited several systems, went for request for information, then sent request for comparisons of the RFP gave a selection of three groups ofors;final evaluation and staff recommendation is ESRI. ESRI will connect all I terminals with the main frame, allod for transmission of graphic data station-to-station, includes some PC capabilities, was reviewed for cost Allocations and Svehla commended h theatexpert assistance of Utility Staff members Sam Fleming, Lee Allison and Don McLaughlin for their efforts during the research phase. Svehla gave staff rA,:aii elation of the purchase of the GiS system from ESRI at a price of S984,k25 with Utility Department paying $521,393 (53%) and the General Fund paying $456,862 (41$) of the costs. Thompson asked if this system will take a long time to learn or if it 1s considered "user friendly", Svehla stated that it would take about four weeks for end users to learn, it is "user friendly" in that it is primarily menu driven. ESRI has included In the contract Therei will De sseveni (1) slots user annul this cnnference, conference at no cost to Denton. The ESRI system 1s currently in use conversion,capability.nioSveh COGj New eventually be a ' fifth workstation that will 9o to the Police Department. This won't be buught for a while, but four work stations and the PC license is the original configuration. The cost includes maintenance, software, f hardware, printers, plotters and backup assistance. Nelson expressed appreciation to Svehla and tho task force for a good Job on this project, i i E Minutes of May 24, 1989 Page 3 Nelson further stated that upgrade of the mainframe would be required. We have been able to negotiate especially good terms to get a good system. Gary Collins advised the current system is maxed out and there is great need to add more power to the run the GIS system. After more general discussion, LaForte made a motion to recommend to the City Council purchase of the ESRI GIS system, at the cost of $984,225 with the Utility Department paying 527,393 (53%) and the General Fund paying $456,862 (47%). Second by Chew. All ayes, no nays, motion carried. At this point, Jim Thune, Superintendent of the Power Plant, and Paul Brietzman, Special Consultant on the Lone Star Gas Contract joined the meeting. 4. CONSIDER UTILITY DEPARTMENT MANAGEMENT STUDY AS PER CHARTER REQUIREMENTS Nelson introduced this item and discussed the proposed Scope of i Services. Laney felt it would be a good idea for the consultants to build on previous management studies, look at questions raised during those studies and see where the Utility is today with regard to those issues. Nelson explained it will be a little difficult to get one consulting firm who is experienced in electric, water and wastewater, but it would be best if we could get one major contractor to direct the work on all and subcontract out the separate departments to others. Nelson advised that the Board should review the preliminary findings and recommendations of the Consultant at least three (3) times prior to the finalization of the study to allow for comment and input. All policy issues that the study may reveal also need to come before the Board as they are identified. Frady said Nelson should be the liaison and provide information to the Board, Thompson agreed. Nelson continued to explain that the next step will be to look at the major Big 8 accounting firms and other contractors that do management studies. Staff will put an RFP together and send it out. Thompson and Laney both stated the RFP needs to go directly to the contractors, review by the Board of the RFP is unnecessary. Nelson stated that, additionally, he would like to reconmend a task force to make the final selection of the major contractor consisting of a Board member, Lloyd Harrell, a City Council men+ber and staff to review all RFPs submitted, the final three identified by the task force will be submitted to the Board for final selection. The Board j gave common consent as follows: h I i I J I Minutes of May 24, 1989 Page 4 i a. An RFP should be developed by Staff to be sent to potential management study contractors. b. A task force should be set up to review all proposals received and make a selection of the final three. c. The final three will be submitted to the Board for review and a final selection shall be recommended by the Board to City Council. d. R. E. Nelson should act as liaison between the Board. Council and Consultant on all issues and policy items. e. The RFP's should be sent out sometime during the first two weeks of July. ' S. RECEIVE SUPPLEMENT TO PUS AGENDA ITEM 18, APRIL 26, 1989; CONSIDER THE CONVERSION OF OVERHEAD ELECTRIC FACILITIES TO UNDERGROUND AT VARIOUS SITES LaForte made a motion to table this item until the next regular board Meeting. Second by Chew. All ayes, no nays, motion carried. 6. FINAL RANKING OF WATER AND SEWER RESIOENTIAL/COMMERCIAL AND j INDUSTRIAL CANDIDATE LINE FINALISTS 4 Ham introduced this item advising that 200 letters were sent to property owners with a 90% response regarding pro rata payment. r About 60% were for the pro rata, and 40% were against paying the pro rata. He distributed ranking sheets. After some discussion regarding costs, Nelson asked for the "net" costs after deduction of pro rata payment from the City's investment in the lines. Ham stated those figures are not immediately available but could be calculated. Nelson advised that some monies were to be transferred from this current fiscal year budget to help pay for insurance costs. Using funds for these installations will cause the utility to run an even greater deficit than before, LaForte stated that this should be done and the Utility can catch up next year. k Nelson advised that there is one project that will serve industrial interests, the water and sewer line projects on Marsch Branch Road, i costing $138,000 and $80,000 respectively. The Board became increasingly disturbed regarding the allocation of the :4009000/$1000000 split, and which of the funds would be held over to next budget year, which of the funds would be allocated to a project, and the overall policy administration. I Minutes of May 24, 1989 Page 5 Thompson requested, a. Rankings on the projects be placed all together. b. A sheet showing how much the city will pay "net". C. A composite overview of the three different packages presented this evening. compl complies that with scthe Branch Road is the onl project on the list Laney that commented Committee, i.e., going north not south, ' Laney requested that the Finance Department see if it is possible to set up this program so that those pro rata charges come back into capital this will l fe view, a thel fundsdiwouldr have to Monte come this stated fund from o a that where back into they report on also requested thattheFinane reDepafunded rtment o review of. this Thompson it could be done. ! Laforte made a motion to fund the work on Marsch Branch Road. Second by Chew. All ayes, no nays, motion carried. 7. CONSIDER MEMORANDUM OF AGREEMENT FOR TECHNICAL SUPPORT BY THE CORPS OF ENGINEERS AND FOR ESTABLISHING PROCEDURES FOR ACCESS AND SITE ACTIVITIES BY THE CITY OF DENTON PURSUANT TO FEDERAL ENERGY FOR BETWEEN RAY S ROBERTS CITY OF DENTON REGULATORY S FOR RO(COE) 3939 (COD) AND CORPS OF ENGINEERS HYDROELECTRIC PROJECT Nelson Reservoir, reviewed Cithis item ty became stating of that, ipossihility noffInRay stalling Roberts hydroelectric unit, The Memorandum of Agreement between the COE and COD is required to insure that the Ray Roberts hydropower facility will be an constructed iineconsul part with oandasubjectdtohreview and designed of the COE. The Corps re-designed and installed a five foot diameter low flow penstock and valve box at the existing Ray Roberts Lake Outlet Works Structure in order to accommodate the requirements of a hydro unit or other oressure connection to the outlet works, The cost to the i Corps, including interest since construction of 9% is $1.073 Water million. One-half of the other half h to the s Electric be 0eparatment for the hydro. Plant and the e prject; and $45,000 to id inspect Corps want $35,000 during construction t of review review an Minutes of May 24, 1989 Page 6 The proposed agreement has been cleared by all legal authorities with the Corps and the City of Denton and now needs approval of the Agreement plus approval for payment of $1,153,250.65 to the Corps. Motion: Chew made a motion to approve the Memorandum of Agreement for Technical Support by the COE for FERC Project 3939, Ray Roberts Dam and the associated payments. Second by LaForte. All ayes, no nays, motion carried. I 7a. Nelson passed out additional information regarding Ray Roberts r filling, and advised that we are approximately one year ahead of our predictions regarding the lake filling. Further, we are getting credit from Dallas for water purchases because Denton is now receiving the top part of Lake Lewisville ( 5 MGD). Our payments to the City of Dallas will go down. 8. REVIEW LONE STAR GAS CONTRACTS I kelson introduced Paul Brietzman, Gas Consultant, and Jim Thune, Supt., of the Power Plant. He then proceeded to review the main € points of the four gas contracts: f' a. Lone Star Gas Sates Contract y b. Lone Star Gas Transportation Agreement I ~ c. Lone Star Transfer of Gas Agreement d. Enserch Gas Sales Contract. Nelson stated that, although Denton got better concessions than ever before from Lone Star Gas, the Board needs to be well cognizant of the fact that there are going to be times when Denton's contract price is not going to be as good as Bryan's or Garland's. Brietzman gave a short presentation. After general discussions, Frady made a motion to recommend to the City Council approval of the four contracts upon Legal Department review and acceptance. Second by Thompson. All ayes, no nays, motion carried. 9. CONSIDER CHANGE ORDER 020 FOR ONYX CONSTRUCTION COMPANY FOR THE MISCELLANEOUS IMPROVEMENTS CONTRACT FOR THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $2,067.89 10. CONSIDER FINAL PAYMENT TO ONYX CONSTRUCTION COMPANY FOR THE COMPLETION OF THE MISCELLANEOUS IMPROVEMENTS CONTRACT FOR THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $200690.13 4 1 1 y Minutes of May 24, 1989 Page I 11. CONSIDER FINAL PAYMENT TO FREESE b NICHOLS, INC., FOR THE COMPLETION OF ENGINEERING SERVICES FOR THE MISCELLANEOUS IMPROVEMENTS CONTRACT AT THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $488,52 Ham briefly reviewed items 09, 010, and Nil stating they related to the repairs of six clarifiers at the old wastewater treatment plant and replacement of two motors in the old lift station and the installation of effluent meters in the chlorine contact basins. LaForte recommends to the City Council where appropriate and to Staff otherwise, the approval and payment of these items. Second by Frady. All ayes, no nays, motion carried, 12. CONSIDER FINAL PAYMENT TO PEABODY FLOWAY FOR DELIVERY AND UP OF HI w TREATMENTOPLANTT NTTHE AMOUNTGOF S4R238E33P NO. 6 AT THE WATER 13, CONSIDER FINAL PAYMENT TO JAY MAR CORPORATION FOR COMPLETION OF INSTALLATION OF HIGH SERVICE PUMP NO. 6 AND ASSOCIATED ACCESSORIES AT THE WATER TREATMENT PLANT IN THE AMOUNT OF $3,289.45 Items 12 and 13, relating to the Water Treatment Plant were considered together. After brief discussion, Chew made a motion to recommend approval of these items. Second by LaForte. All ayes, no nays, motion carried, 14. CONSIDER PROPOSED REVISIONS TO CHAPTER 25 OF CITY CODE OF ORDINANCES (Customer Service billing policies/procedures) After a brief discussion, LaForte made a motion to approve the proposed revisions with the following corrections (underlined): Section 25-3, Pub11c Utility Board's Policy-Setting Authority. "The Public Utility Board shall study, review and recommend policies pertaining to the operat o of the UtiTTt customer Service Division and shall have the authority to stu ,rev ew an recommen pop regarding transactions...,..' Section 25-6. (c) "(e) Ill or disabled Persons at Customer's Residence. No M utility service shall be,,, P i Section 25-9, Billing Delete ,,,,and aDDroved by the Public Utility Board and Executive Director of UtilTies, Second by Thompson. All ayes, no nays, motion carried. i i h I Minutes of May 24, 1989 Page 8 15. CONSIDER THE RECOMMENDATIONS OF THE 1988 ELECTRIC RATE STUDY BY C. H. GUERNSEY REGARDING THERMAL STORAGE RATE, TIME-OF-USE RAPE AND HIGH LOAD FACTOR RATE Nelson distributed information to the Board giving a survey of different users aid the potential affect of these proposed rates. Thompson requested tnat Staff write a news release outlining the benefits of these rates to the general public. The Board farther requested that they be invited to be present with the City Council when these rates are reviewed with them. Harrell indicated agreement with this request. Further, the Board requested that members of the Chamber and Economic Development group also be available at the City Council meeting. After brief discussion, Chew made a motion to recommend to the City Council approval of the Time of Use Rate and the High Load Factor Rate, and to table the Thermal Storage Rate until a later date. Second by Thompson. All ayes, no nays, motion carried. 16. CONSIDER ENGINEERING CONTRACT WITH C. H. GUERNSEY, RATE CONSULTANTS, { TO EXAMINE AND REVIEW CITY OF DENTON'S ELECTRIC RATES j Dipa Dutia presented this information advising that a major issue during the Electric Rate Study this year will be the cogeneration rate; further very important items include the development of a small y general service rate for small commercial customers which will involve a restructuring of existing commercial customer rates. For , this reason and because of the very excellent input received from C.H. Guernsey during last years study contract at a not-to-exceed price of 19 800. recommends the proposed Chew contr ctd and pricer to Second Dy nLaForte~e Allt ayes, Council no nathe ys, subject ion carried. Nelson also mentioned the water/wastewater contract with Texas Water C ompany (=4,00_0), Dipa will be doing the majority of the work on the water/wast s. Several new rate asses are in consideredein ordertto bring Denton into line withlsurrounding Dallas and Ft. Worth. These rate categories are: a. Restaurants b. Car wash/garages c. Grain/Food Processing E. Industrial Pretreatment Customers as defined by EPA. i 1 Minutes of May 24, 1989 Page 9 17. CONSIDER OVERSIZING OF WATER MAINS SEWER MAINS AND LIFT STATIONS WITH THE LAKEv*cW/SOUTHVIEW DEVELOPMENT Ham stated this development lies outside the City's one-half mile loop, and the Denton Development plan discourages city-paid h oversizing; however, the Lakeview/Southview area will be developing and leaving a large area to either side of it that will one day require water and sewer service; plus this will be a good opportunity for Denton to increase the size of piping so as to accommodate contractual requirements from the cities of Corinth and Shady Shores. Allison discussed the plan further stating that Lakeview/ Southview r_ 1 is only going to install one mile of pipeline and the city's oversize cost on this one mite will be $804100,000. Harry Persaud, Senior Planner for the City's Planning Department then spoke regarding the market studies developed by his department showing development in this area will be extremely slow and take j years to come. At the same time, development in the Oa',.nont area will begin in 1990-92, develop slowly, and after that will grow at a rate of 10-12 homes per year. The Land Use Committee has recommended that the city not spend funds far outside of Denton's existing E developed area, but rather, use those funds to encourage compact growth. City Manager Harrell added that there exists two conflicting values. If one was concerned about what is good for the utility system, there is no question about oversizing. What complicates the issue is that the City is also trying to use the Utility System as a planning tool and installations are not generally desired where there is no development. This is a tough policy issue of conflicting values. Allison explained further that oversize is the least expensive of the options since the City only pays for the oversizing of pipe, and the developer will pay for the survey, testing, engineering, trenching, 'F and labor costs for laying the line. Persaud stated the alternative is having the developer pay the full i cost of the oversize, and he can then collect from his customers. Nelson stated that the City Council and PdZ had worked with Lakeview, h and at that time everyone agreed that certain sized linas were needed in that area and payment for the oversize was needed. The City's f discussions with Lakeview were that in the nomal course of E development, the city sometimes pay these oversizes, but Lakeview had a special situation where they have generally agreed to pay for oversize. i Minutes of May 24, 1989 J Page 10 1 Motion; After a great deal of discussion, La Forte made a motion to A recommend oversize of the water and sewer lines to the City Council if and when Lakeview develops, with the caveat that the City Council will review certain payment agreements with Lakeview Development and make a determination as to payment responsibility and cost and return such recommendation to the Board. Second by Chew. Vote: All ayes, no nays, motion carried. 18. NEW BUSINESS as Set meeting date and time. i The next meeting was set for 5:30 PM June 14, 1989. E 19. UTILITY DIRECTOR'S UPDATE No items given. - 20. ADDITIONAL INFORMATION a. Memo to the Board regarding budget reductions b. Austin Rate Comparisons I r c. Memo to TMPA P60 Committee file regarding March 1, 1989 Meeting 21. ADJOURNMENT Meeting adjourned at 10;30 p,m. i 64160:1-10 I 1 . OVERALL nIS COSTS BY FISCAL YEAR FY FY FY FY F'Y 5 YEAR ITEM 89/90 90/91 91/92 92/93 93/94 TOTAL PERSONAL SERVICES 139,677 147,579 154,857 161,422 165,603 769,038 ONE TIME COSTS 7909299 500000 15,000 46,093 15,000 91&,392 MAINT/SOFTWARE 37,789 68,585 70,585 72,418 75,010 3241388 TOTAL 967,764 266,164 240,443 279,933 255,613 2,009,818 UTILITY FUNDS O1S COSTS BY FISCAL YLAR FY FY FY FY FY 5 YEAR ITEM 89/90 90/91 91/92 92/93 93/94 TOTAL PERSONAL SERVICES 84,715 89,566 93,983 98,055 100,687 467,005 ONE TIME COSTS 380,626 35,000 150000 16,000 15,000 460,625 MAINT/SOFTWARE 10,721 26,950 28,950 30,617 32,582 129,819 TOTAL 476,060 151,516 137,933 143,672 1489268 11057,449 GENERAL FUND 0IS COSTS BY FISCAL YEAR FY FY FY FY FY 5 YEAR 'TEM 89/90 90/91 91/92 92/93 93/94 TOTAL PERSONAL SERVICES 64,962 58,013 600875 63,367 64,816 302,033 ONE TIME COSTS 409,674 15,000 0 31,093 0 455,767 j MAINT/SOFTWARE 279068 41,635 41,635 41,802 42,429 194,670 ` TOTAL 491,704 114,648 102,510 136,262 107,245 952,369 j 1~ J r y 4 FIRST YEAR START UP COSTS 600Thousands 400- 300- 200- 100 0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep F Y 89/90 I i I a I GIS SYSTEM COSTS FOR FIR ~ ST 6 YEARS 800 Thousands 400 i 300- 200 100• i 0 Oat Nov Daa Jan Fab Mar Apr May Jun Jul Aug Sep ® FY 89/90 ® FY 90/91 Q FY 91/92 ® FY 92/93 FY 93/94 i { i 1 i 16 r E I ~h I i j 1 r . 14'00 CITY OF DENTON CITY COUNCIL MINUTES/ JUNE 13, 1989 The Council convened into the work session at 4:30 p.m. In she City Hall Parking Lot. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None i 1. The Council participated in an on-site tour of South Locust and Myrtle Streets. Council considered procedural and design alternatives associated with closing portions of Myrtle Street and South Locust and the preliminary plat of the Eagle Point Subdivision. i Consensus of the Council was to refer the matter to the Citizens Traffic Safety Support Commission for study. The Council then convened the Work Session in the Civil Defense Room of City Hall. 2. The Council considered a funding proposal for the Animal Control Center Expansion project. a Bill Angelo, Director of Community Services, stated that bids were opened in January of 1989. The bids received were too high and the project was scaled down to the original budget estimates. In March of 1989, the bids were opened again and were $40,000 above the estimate. Angelo suggested several alternatives to remedy the problem: (1) scale down the project even further and rebid - if further reductions ware made, the problem of space at the current facility would not be addressed, (2) have the City function as the general contractor and bid out the various component pacts of the project - significant risks were associated with this alternatives such as no warranties/guarantees on the building and open-ended ' costs until formal bide were received, (3) finance the shortfall through Certificates of Obligations - this would not be a cost-effective approach as the amount would be very small, (4) finance the shortfall through savings in the Animal Control Operating budget - staff was recommending this alternative as the most appropriate course of action. Council Member Hopkins asked why there was such a difference between the bid amounts and the projected costs. Angelo replied that significant work was needed on the existing building thus resulting in an estimate what was not on target. i Consensus of the Council was to proceed with the staff recommendation of financing the shortfall through savings in the Animal Control operating budget. I I City of Renton city council Minutes June 13, 1989 Page 2 3. The Council reviewed the 1989 fiscal year budget of the Denton County Emergency Communication District and discussed District contracts. Marilyn Milor, Denton County Emergency Communication District, stated Lhat the numbers on the budget had been examined very carefully and that the District would be operating very conservatively, GTE had offered to finance the project with 0% interest over a five year period. A contract attorney had been hired to negotiate with GTR. Milor stated that it was possible to have an operational system approximately nine months after the signing of the contract with GTE but realistically it would probably be a year. 4, The Council received a presentation of summary report on the employee incentive program: Quality Search and final award winners. Lloyd Harrell, City Manager, reviewed the background of the program. Paulette Owens-Holems, Assistant Personnel Director, stated that staff appreciated the support from Council to be able to put on these types oC programs. 5. Council discussed and considered the Denton County k Commissioner's proposal to allocate a portion of the county's road and bridge fund for use inside the City limits. Rick Svehla, Deputy City Managet, stated that Commissioner Jacobs was proposing that the County help fund road improvements within the City limits. Staff was recommending that a letter be sent to the Commissioners suggesting a meeting with the Commissioners and the cities interested in such a program and discuss how the funding would work. Council Member Gorton expressed concern that rural areas would feel that the citi,s were robbing them of funding for rural roads. Mayor Stephens asked where the funding would com9 from as the County was already short of funds for bridges, etc. City Manager Harrell stated that it would be important for III cities to be active on how the funding was allocated. 4 Consensus of the Council was to proceed with the staff recommendation of sending the Commissioners a letter suggesting a meeting regarding the proposal. I i i V Y n City of Denton City Council Minutes June 13, 1989 Page 3 6. The Council convened into Executive Session to discuss legal matters, real estate and personnel/board appointments (considered appointments to all Boards and Commission of the City of Denton). Tho Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None ' 1. The Council considered adoption of the minutes of the regular meeting of April 4 and 18, the special called meeting of April 25, the regular meeting of May 2, the special called meeting of May 9. the regular meeting of May 16, and the work 1 session of May 23. I Council Members Boyd and Gorton noted two typographical errors and asked for correction in the May 2 and May 9 minutes. Gorton motioned, Ayer seconded to approval the minutes with the noted corrections. Motion carried unanimously. I 2. Public Hearings A. The Council held a public hearing regarding the proposed restriction of alcoholic beverages in certain City parks. Lloyd Harrell, City Manager, stated that this was a request to the Pack Board from Council to examine the current City ordinances regarding alcoholic beverages in city parks. The Park Board made a formal recommendation at the last work session. The Council requested a public hearing so that input could be received regarding the proposal prior to the time that a formal ordinance was considered. The hearing notice was published in the local newspaper both in the legal section and in the regular section in the paper along with a news story indicating the hearing. Steve Brinkman, Director of Parks and Recreation, stated that the proposed ordinance would restrict the consumption of alcoholic beverages in all neighborhood parks and two community packs that were used primarily for youth sports. The neighborhood pack areas needed restrictions as there was a concern that the neighbors would not have a very good impression about their neighborhood park. 1 s City of Denton City Council Minutes June 13, 1989 Page 4 The Mayor opened the public hearing. Floyd Specht, spoke in favor of the ordinance. He lived near McKenna Park and stated that there was a lot of glass and beer caps in the pack and that it was appropriate to pass such an ordinance. Doris Gray, a resident next to McKenna Park, stated that drinking at the park caused gang tights, sex in the parks in open areas, and urinating in the open both in the park and on her property. She stated it was men in the pack causing the problem and not children or university students. She felt the park was devaluating her property and the neighborhood. Al Harpool. a resident of the McKenna Park area, stated that there was a lot of loud noises from McKenna Park and that beer i cans were everywhere. He asked the Council to do something about the situation. Ray McLester, another resident of the McKenna Park area, stated that in the two years he had lived in the area, the park had gone downhill. He stated that it was not families at McKenna Pack but men drinking at the pack. The proposed ordinance would not get rid of the problem but would get rid of the problem of men in the park getting drunk. Council Member Boyd stated that this ordinance would j significantly restrict areas where residents could go to have a picnic and have a beer in the park. McLester stated that there was a significant problem at McKenna Park and that he was personally willing to take such a trade-oft to solve the problem. Boyd stated that most of the acts mentioned were already illegal. McLester stated that that was true but that some of the acts would not happen it drinking were not allowed in the park. Council Member McAdams asked McLester it he observed if moot of the men in the pack were driving to the pack or walking to the park. McLester stated that most of the men were driving to the park. A few valked but most drove. f H, City of Denton City Council Minutes June 13, 1989 PFge 5 Charlotte Davis spoke in favor of the ordinance. She felt that there was a driving problem around McKenna Park with people driving fast past the park. She stated that there were beer bottles in her yard daily. Last summer a lady was assaulted near the pack by men who had been drinking in the pack. Her eleven year old daughter had been harassed by men in a car near the pack who had been drinking. Mrs. James McBee spoke in favor of the ordinance. She stated that the people at the park drove in cars and that put everyone at risk, Charles Ginnings, a member of Highland Church near McKenna Park, stated that the park had changed during the year. People have come into services drunk and disrupted their church services. No one spoke in opposition. The Mayor closed the public: hearing. j Council Member Hopkins stated that she was in favor of proceeding with the ordinance as presented. Council Member McAdams asked if the City Attorney could look at the possibility of wording the ordinance such that parks could be added or deleted without the necessity of additional ordinances. She asked that staff check with the Police Department regarding control of the incidents such as were mentioned during the public hearing in the parks. I Mayor Pro Tom Ayer stated that there was a serious problem at McKenna Park and that a number of arrests had been made recently in that area. He stated that the only way :o control the problem was with constant patrol, constant presence of police officers. The City simply did not have enough officers to provide such a coverage in the parks. He favored moving forward with the ordinance as quickly as possible. j Council Member Gorton felt that any future neighborhood packs 1 should also automatically fall under the ordinance. Council Member Alexander felt that the ordinance was a good j start in solving the problem and that the Council should proceed with the ordinance as drafted. f I I J T l ,t J 7 'T City of Denton City Council Minutes June 13, 1989 Page 6 Council Member Boyd expressed concern that the ordinance may be more broadly worded than needed. If the problem was enforcing illegal activities in the parks, would not the proposed ordinance also require full time enforcement. The problem was not just in City parks but also in school playgrounds, parking lots, etc. Did those areas also need to be included in an ordinance. Council Member McAdams stated that her previous comment was not meant for automatic inclusion of new parks in the proposed ordinance but to have the flexibility to add or delete any type rr of park as circumstanced dictated. h 1 Mayor Stephens added that more picnic areas might be added to ' j North Lakes to help accommodate those who might go to that park as opposed to others covered under the proposed ordinance. Consensus of the Council was to bring back a formal ordinance for the June 20th agenda. B. The Council held a public hearing and considered adoption of an ordinance amending a planned development (PD-79). Petitioner was C. A. Oinnings. The zoning change would remove 13 lots from tha planned development now designated for multi-family land use, and rezone the lots to SF-10 for single family dwellings with 10,000 square foot I minimum lot sizes. The property was described as Lots 9-17 of Block 20 of the Royal Acres Addition - Section 7, Phase I located on the west side of Yellowstone Road and Lots 1-4 of Block 23 of the Royal Acres Addition - Section 7, Phase I on the north side of Juno Street. If approved, the property may be utilized for any purpose allowed in the SF-10 zoning district. Z-89-005 (The Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. C. A. Ginnings spoke in favor of the petition, lie was the owner of the property and would like to change the zoning to single-family from multi-family. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director of Planning, stated that the Planning and Zoning commission had recommended approval. Tnfrastructure was in place to support the development and it was in accordance with the Denton Development Plan. I J J i ;F { a 'I 1 t i City of Denton city council Minutes June 13, 1989 Page 7 The following ordinance was considered: NO. 89-064 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD-79) TO ANDG USE FDESIGNATION OFORZOLOTSG 9D 17T OF TBLOCK CLASS20 IFICATION ACRES ADDITION, SECTION 7, PHASE I, LOCATED ON THE 23 SIDE OF YELLOWSTONE OF PHASE BLOCK OF THE ROYAL ACRES ADDITION, SECTION 7 1. LOCATED ON THE NORTH SIDE OF JUNG STREET; PROVIDING r FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE t DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On j roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," { Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I C. The Council held a public hearing and considered f adoption of an ordinance approving a detailed plan for a i portion of a planned development (PD-41). Petitioner was Hammett and Nash, Inc. The property was located at the southeast corner of Loop 288 and East McKinney Street s approximately 500 feet from the intersection. The land use proposed for the 1.951 acr9 tract was a medical laboratory and related offices. Z-89-004 (The Planning and zoning commission recommended approval). The Mayor opened the public hearing. No one spoke in favor. j No one spoke in opposition. 1 II The Mayor closed the public hearing. Frank Robbins, Executive Director of Planning, stated that this was a request for a detailed plan within PD-41 to allow a medical lab and related offices located near the corner of Loop j 288 and McKinney. One driveway was proposed with access to support applicable ordinance McKinney. T parking t place all standards. All utilities were layout use of the land. The following ordinance was considered: , a ~ I City of Denton City Council Minutes June 13, 1989 Page 8 NO. 89-065 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING J FOR THE APPROVAL OF A DETAILED PLAN FOR 1.951 ACRES OF 71 LAND, BEING A PORTION OF A PLANNED DEVELOPMENT DISTRICT (PD-41) LOCATED APPROXIMATELY 500 FEET WEST OF THE INTERSECTION OF LOOP 288 AND EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Gorton stated that the proposed user was Genetics Center and stated that it was going to be a lab and r related offices. He asked if there were any more specifics on the actual use of the site and related office procedures. i Robbins replied no except that it was a move from the existing location on Bolivar Street and an expansion to that site. 1 Hopkins motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye, 11 Alexander "aye," Hopkins "aye,,, 1 Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Stephens E "aye." Motion carried with a 6-1 vote. D. The Council held a public hearing and considered 1 adoption of an ordinance amending a specific use permit (SUP-167). Petitioner was Morton Building representing Cumberland Presbyterian Children's Home, Inc. The property was located at 1304 Bernard Street. If approved, a 3,150 square foot maintenance and storage building may be constructed on the site. Z-89-007 (The Planning and Zoning commission recommended approval). The Mayor opened the public hearing. Richard Good, representing Morton Building, spoke in favor of ' the petition. The building was needed at the children's Home. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director of Planning, stated that the infrastructure was in place and was in accordance with the Denton Development Plan. The Planning and Zoning Commission recommended approval with conditions. I low 1 City of Denton City Council Minutes June 13, 1989 Page 9 The following ordinance was considered; NO. 89-066 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO THE SITE PLAN FOR THE SPECIFIC USE PERMIT (SUP NO. 167) GRANTED BY ORDINANCE NO. 63-36 FOR A CHILDREN'S HOME LOCATED AT THE NORTHWEST CORNER OF BERNARD STREET AND GREENLEE STREET; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexan-,ee seconded to adopt the ordinance , with the understanding that the items listed in Appendix B were to be met. On roll vote, McAdams "aye," Alexander "aye," I Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor I Stephens "aye." Motion carried unanimously. The Council considered item SE. 5. Resolutions E. The Council considered approval of a resolution temporarily closing the 100 block of North Elm Street, 100 block of West Oak Street, 100 block of North Locust Street and 100 block of West Hickory Street on September 16, 1989. Stephanie Compton, representing the Central Business District I Association, stated that petitions had been circulated and only two businesses were in opposition. Those in opposition were concerned with employees and patrons not being able to get to businesses. Council Member Boyd stated that he was not on the petition list and was not asked to sign a petition. His business was located on the Square. Compton stated she was not in charge of the petitions and did not know how that oversite occurred. Jesus Nava, Assistant to the City Manager, stated that the Fire Department and Polico Department did not foresee any impact on services to the City if those streets were closed. The two businesses in opposition did have rear entrances that could be used. Council Member McAdams suggested a change in the resolution to begin the street closing at 6:00 a.m. instead of 8:00 a.m. to allow clearance of the streets. I I F ' i ` City of Denton City Council Minutes June 13, 989 Page 10 The following resolution was considered: No. R69-043 A RESOLUTION TdMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK Or' NORTH LOCUST STREET AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 16, 1989, AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Boyd seconded to adopt the ordinance with a change in the time from 8:00 a.m. to 6:00 a.m. On roll vote, ~a McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the regular agenda order. 3. Consent Agenda { Hopkins motioned, Ayer seconded to approve the Consent Agenda. As Council Member McAdams had left the meeting, Mayor Stephens called for a roll call vote from the City Secretary. Before the roll call vote, Coun.-11 Member Gorton requested that item 3.B.1. be removed for special consideration. Mayor Stephens j Indicated that a motion and second had already been entered and that a vote must be taken as the Consent Agenda was not debatable, On roll call vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer "aye," Boyd "nay," and Mayor i Stephens "aye." Motion carried with a 4-3 vote. Alexander motioned, Hopkins seconded to reconsider the Consent Agenda vote. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "nay." Motion carried with a 6-1 vote. Council Member Gorton requested that Item 3.B.1. be removed for special consideration. McAdams motioned, Alexander seconded to approve the Consent Agenda with the exception of Item 3.8.1. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye.,, Motion carried unanimously. A. Bide and Purchase Orders: 1. Bid #9982 - Padmount Transformers 2. Bid #9956 - Animal Control Expansion } A Y City of Denton City Council Minutes June 13, 1969 Page 11 B. Plats and Replats 2. Consider the preliminary plat of the Road Runner Subdivision, Lot 1, Block A. (The Planning and Zoning Commission recommended approval). C. Tax Refunds 1. Consider approval of a tax refund for Paul A. Lockhart, Jr. Council considered Item 3.B.1. ` council Member Gorton stated that he had no further comment but did want his vote recirded for this item alone. McAdams motioned, Hopkins seconded to approve Consent Agenda Item 3.B.1. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 6-1 vote. E B. Plate and Replats 1. Consider the preliminary plat of the Genetics Center, Lot 1, Block 1. (The Planning and Zoning Commission recommended approval). q, ordinances A. Council considered adoption of an ordinance accepting competitive bide and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO, 89-067 AN ORDINANCE ACCEPTING COMPETITIVE BID3 AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF 11 FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I I k ti e h City of Denton city council Minutes June 13, 1989 Page 12 B. The council considered adoption of an ordinance accepting competitive bide and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 89-068 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. 1 Gorton motioned, McAdams seconded to adopt the ordinance. On roll vote, !McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. i C. The Council considered adoption of an ordinance authorizing the execution of a revision to a contract between the City of Denton and Sunmount Corporation; and providing for an increase in the contract price. (Woodrow Lane sidewalks) Lloyd Harrell, City Manager, stated that the CIP 191 Committee had recommended usage of excess bond funds for sidewalks on City projects. This ordinance was a change order for sidewalks on the Woodrow Lane project. The following ordinance was considered: NO. 89-069 4 AN ORDINANCE AUTHORIZING THE EXECUTION OF A REVISION TO A CONTRACT BETWEEN THE CITY OF DENTON AND SUNMOUNT CORPORATION; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN F,FFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye,,' Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. D, The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (Bid #9983 - Crosearm Switches) I i 4 ~ i z City of Denton city council minutes June 13, 1989 Page 13 Lloyd Harrell, City manager. stated that the recommendation to the Council was not the low bid submitted but was the low bid meeting City specifications. As per Council request, the contract was submitted under a separate ordinance rather than in the Consent Agenda. The following ordinance was considered: NO. 89-070 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. McAdams motioned, Ayer seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander „aye," Hopkins "aye," i Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance 1 accepting competitive bids and providing for the award of j I contracts for public works or improvements. (RFP 119943 Janitorial Services for Martin Luther King, ,1r. Recreation Center for balance of 1988-89). i E Lloyd Harrell, City Manager, stated that this was a similar case in which the recommendation from staff was not low bidder >I for the project. The following ordinance was considered: I NO. 89-071 j AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, J SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF 1 FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, McAdams seconded to adopt the ordinance. On Loll vote, McAdams "aye," Alexander "aye," Hopkins Jaye,,, Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance j amending a portion of Ordinance No. 68-50 relating to limitations of the parking of vehicles on Walnut Street, between Elm Street and Cedar Street; and providing for a penalty in the maximum amount of two hundred dollars ($700.00). (The Citizens Traffic support commission recommended approval). E I -77 , 6 ` 1 1 1 L ' City of Denton City Council Minutes June 13, 1989 Page 14 Rick Svehla, Deputy City Manager, stated that currently Walnut street was signed for two hour parking for its entirety. The Citizens Traffic Support Commission recommended removing a portion of that street from the two hour parking and making it unlimited parking. The Commission was recommending the section from Elm to Cedar to have unlimited parking in terms of hours. Council Member Hopkins stated that the street needed to have two hour parking limits. The banks and businesses in the area wanted two hour parking and felt it was in direct opposition to the support of the downtown area. i r~ The following ordinance was considered: '11 I NO. i AN ORDINANCE AMENDING A PORTION OF ORDINANCE No. 68-50 RELATING TO LIMITA.TiONS OF THE PARKING OF VEHICLES ON WALNUT STREET, BETWEEN ELM STREET AND CEDAR STREET, I AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF TWO HUNDRED DOLLARS ($200.00). Hopkins motioned, Gorton seconded to deny adoption of the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor E Stephens "aye." Motion for denial carried unanimously. ' G. The Council considered adoption of an ordinance approving a contract with Doug Arnold, Ltd. to design and prepare specifications of a telephone system for the City of Denton, and assist the City of Denton staff in the evaluation and recommendation of the proposed system. The following ordinance was considered: NO. 89-072 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DOUG ARNOLD, LTD. FOR CONSULTING SERVICES RELATIVE TO THE CITY'S ACQUISITION OF TELECOMMUNICATIONS EQUIPMENT. AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Alexander motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "ayo," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I i `I 1 a . City of Denton City Council Minutes June 13,1 1989 Page 15 J 1 H. The Council Considered adoption of an ordinance and Memorandum of Agreement for technical support by the Corps of Engineers and for establishing procedures for access and site activities by the City of Denton pursuant :o federal energy regulatory license for FERC Project 3939 between the City of Denton (COD) and Corps of Engineers (COE) for Ray Roberts Hydroelectric project. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that as was the case for the Lewisville hydroelectric project, the City { -"1 needed a site agreement with the Corps of Engineers for access to the site and easements tot the site, The Corps would be reviewing plan specifications and providing inspection cervices during the construction of the hydroelectric project on Lake j Ray Roberts. The following ordinance was considered: I NO. 89-073 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING { THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF DENTON AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR y' ACCESS AND SITE ACTIVITIES ON THE HYDROPOWER PROJECT J AT LAKE RAY ROBERTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. ' ! I Alexander motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Cotton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 1 1. The Council considered adoption of an ordinance of the City of Denton, Texas, approving a settlement and J compromise agreement with Patsy Daniels. The following ordinance was considered: NO. 89-074 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT WITH PATSY DANILES; AND PROVIDING FOR AN EFFECTIVE DATE. I McAdams motioned, Hopkins seconded to adopt the ordinance. On toll vote, McAdams "aye," Alexander "aye," Hopkins "aye," h Gorton "aye," Ayer 11aye," Boyd "aye," and Mayo-- Stephens "aye." Motion carried unanimously. g ~ i City of Denton City Council Minutes June 13, 1989 Page 16 5. Resolutions A. The Council approval of a resolution approving the 1989 fiscal year budget, as per Article 1432e V.A,T.S., as amended, of the Denton County Emergency Communication District. The following resolution was considered; N0. R89-039 A RESOLUTION APPROVING THE 1989 FISCAL YEAR BUDGET, AS PER ARTICLE 1432e V.A.T.S „ AS AMENDED, OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT, r~ Alexander motioned, Gortun seconded to approve the resolution. On onll vote, McAdams "aye," Alexander "aye, "aye," Ayer „aye," Boyd uaye " Hopkins "aye "aye." Motion carried unanimously. and Mayor Stephens s Council considered Item S.C, The postponing the regular Council considered approval July 4, 1989 resolution July 11, 1989. The following resolution was considered! NO. R89-041 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JULY 4, 1989 TO JULY 11, 1989; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to approve the resolution. On roll vote, McAdams "aye," Alexander llaye," Hopkins "aye," Gorton aye, Ayer 01 aye, Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously, The Council returned to the regular agenda order. nominating .a emberotocthecBoardeofd Mangers approval of fthe DENCO resolution Area 9-1-1 District. The following resolution was considered; NO. R89-040 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF OF THE DECLARING AN EFFECTIVENDATE AREA 9-1-1 DISTRICT; AND .1 R . h I City of Denton City Council Minutes June 13, 1989 Page 17 McAdams motioned, Hopkins seconded to nominate Olive Stephens, On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and May or Ste hens "aye." Motion carried unanimously, y p D. The Council considered approval of a resolution creating a Bicentennial Census Complete Count Task Force. The following resolution was considered: J NO. R89-042 f A RESOLUTION CREATING A CENSUS COMPLETE COUNT TASK FORCE TO PLAN AND IMPLEMENT LOCAL PROMOTIONAL ACTIVITIES FOR THE 1990 CENSUS. Gorton motioned, Alexander seconded to approve the resolution , adding a new Section IV stating that "those members appointed May 23rd shall serve in the aforementioned capacity", On roll 1 vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye." Boyd "aye," and Mayor Stephens "aye." f Motion carried unanimously. ' E E. Item E. was considered earlier in the meeting. 6. Miscellaneous matters from the City Manager. 1JI l A. Deputy City Ma 1 report on the wind damage done gat the airport the morning of the meeting. 7 There was no official action taken on Executive session items of legal matters, real estate, and personnel/board appointments. New Business There were no items of New Business suggested by Council Members for future agendas. Mayor Stephens requested consent of the Council to allow a + speaker to address the Council. Consensus of the Council was II to allow the speaker to address the Council. Truman Harp, 2401 Robinwood, stated that his home had depreciated approximately $15,000 since the City took action for a water drainage easement. The easement reads a 10' easement to the side premise of the south side of his property. He was asking that the City place a grate over the street section of the flume which he used to use as an alleyway. He stated that the City was using a 14' easement instead of a 10' easement. He felt that for conaideration for the use of the piece of property, the City should consider opening the easement so it could used as an alley. w. --7711 a , City of Denton city council minutes June 13, 1989 Page 18 Council Member Alexander asked for continued staff communication relative to the request. Mayor Stephens asked for a report from staff regarding the implications of a grate in that area. 9. The Council convened into Executive Session to discuss legal matters, real estate, and personnel/board appointments (considered appointments to all Boards and Commissions of the City of Denton). No official action was taken. With no further business, the meeting was adjourned. RAY STEPHENS. MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3115C I f 9 r 1) a' , i 9lh v. ,1. ti ..l e♦ vr. 'f a • r , ~ . .rry .i0 9~.•.r.1',. F.. r i ~ r "LNUTES CITY OF DENTORe CITY Oi COUNCIL 989 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Pro Tem Ayers Council Members Boyd, Gorton, Hopkins and McAdams. ABSENT: Mayo[ Stephenst Council Member Alexander 1. The Council reviewed RFP's for the collection of delinquent taxes. John McGrane, Executive Director for Finance, reviewed the r three responses from the RFP for eC collection delinquent taxes. The three firms responding were (1) 5Blair & Williams, Jackson, Kick & Dillard, (2)Heard, Goggan, and A wlen. Staff a would be and ( 3 ) McCreary, Vesel pBeck reviewing the firms proposals uld formal recommendation at the June 27, 1989 meeting. The Council reviewed a proposed resolution approving Policy Number 108,11, Drug Free Workplace and Policy "umber 2 107.1, Employee Assistance Program. Tom Klirck, Director of Personnel , stated that a 1988 federal ~ law required any city receiving federal contracts of $25,000 or more to implement a policy statement and provisions to ensure a drug free workplace. That law required a statement prohibiting ' drugs in the work environment, the estabemploye limeenat of a daru f ree awareness program, notification by statement for drug conviction. Actions permitted ation uded appropriate disciplinary action including termin or satisfactory participation in a drug rehabilitation program plus a maintained good faith effort to continue a drug free work environment. The Employee Assistance Program would impletinent procedures to handle suspected or confirmed substance abuse in thesio rk place. It would direct employees to appropriate assistance and rehabilitation services. 3• The Council discussed single permitting procedures Code, Electrical Code, relative to changes in the for Building residential construction. Mechanical Code, and Plumbing Cod Rick Svehla, Deputy City Manager, stated that developers na builders had had discussions with staff for a0pfoximately year and a half. The builders were concerned with costs the the set up of the system so there would be no slow up process. The single permit would allow the subcontractor tractor not have to obtain specific permits. The building co would pay the fee up front. This would streamline the issuance inbuilder . cluded ins latest were an also the safe proposed safety requirements staff ordinance. 5 ti k I' i 2 f City of Denton City Council Minutes June 20, 1989 Page 2 4. The Council discussed the City of Denton Boards and Commissions relative to regulations governing conflicts of interest. f Jesus Nava, Assistant to the City Manager, reviewed three alternatives to the governing of conflicts of interest: (1) make all the boards/commissions advisory - Council would then F have to review all the recommendations from those boards, (2) leave the boards/commissions as final decision making but reduce the number of members and tenure of the boards - this r'\ would require ordinance changes for those affected boards and would probably result in more frequent appointments with j possible difficulties obtaining a quorum, (3) leave the boards/ commissions as they presently are but have stricter enforcement of the Code of Ordinances currently governing conflicts of interest. The boards presenting the most problems were the Building Code Board, the Electrical Code Board, and the Plumbing and Mechanical Code Board. Council Member McAdams suggested a notice be published in the newspaper requesting volunteers for certain boards such as the 'i Plumbing and Mechanical Board, Building Code Board and Electrical Code Board, If there were no responses to the ` notice, then look at other alternatives. Council Member Boyd agreed with Council Member McAdams to enlarge the selection pool and to possibly make the boards more l advisory in nature rather than final decision making. Council Member Hopkins did not wish to leave the boards as they were because there appeared to be such a conflict existing with those boards. Council Member Gorton stated that he felt those three boards could be made advisory because he did not see the volume of requests that the Council would have to deal with. Council Member Boyd suggested contacting professional agencies to locate more people. Some individuals may not work in Denton but would be licensed to be appointed to the boards. Manor Pro Tem Ayer suggested reducing the members of the Plumbing and Mechanical Code Board plus enlarging the selection {i pool. I Debra Drayovitch, City Attorney, stated that the members of the mentioned boards could bid on contracts but must resign if they were awarded the contract. l a r I 1 City Of Denton City Council Minutes June 20, 1989 Page 3 Consensus of the Council was (1) leave the boards as they currently were, (2) enlarge the selection pool of potential appointees, (3) advise the members of the boards that they could bid on a city contract but must resign if they received the contract, (4) rotate members for only two year terms and (5) publish a news release by the Mayor to seek additional volunteers. 5. The Council convened into Executive Session to discuss legal matters (discussed in re: Flow and Lincolnwood vs City of Denton), real estate, and personne oar appo n.m-en s --1 considered appointments to all City of Denton Boards and ' Commissions). t The Council then convened into the Regular Session at 7x00 p.m. in the Council Chambers. 1 PRESENT: Mayor Pro Tem Ayeri Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: Mayor Stephens 1. The Council received a presentation of awards for winners of the City of Denton Newspaper Recycling Contest and Yard of the Month. Cecile Carson, Administrative Analyst, stated that as part of the efforts to compete in the Governor's Achievement Awards and to be aware of litter management and solid waste, the City of Denton was recycling newspapers. Pioneer Paper Stock agreed to help sponsor a recycling contest, Jack Line, Plant Manager-Pioneer Paper Stock, made the presentations to the following individuals: 4th Place - Alpha Lambda Delta - $50 3rd Place - Phi Chi Theta - $75 2nd Place - Preceptor Theta Chi - $150 let Place - Grace Temple Baptist Church - $300 Lena stated that 400 tons of newspaper had been collected in Denton during the last year and that the City received $12,000 for that paper. Carson then presented the Yard of the Month awards to George and Joan Lair, Eddie and Martha Hardin, E. H. 6 Bernice Linden, and Lera Mace. i i i I City of Denton City Council Minut.s June 20, 1969 Page 4 2. The Council received a citizen's report from Mr. Tom Van regarding an increase in the fares for taxicab service. Mr. Van and Rosell Weddle requested a rate increase for the following reasons: (1) insurance rates had increased from $2,000 a car to $4,000 a car within the last two years, (2) property tax appraisal had risen from $8,000 to $15,000 due to their efforts to upgrade service, and (3) increased costs in gas prices. They asked for three changes in the rates (1) pick-up rate be increase to $1.301 (2) mileage rate increased to 1.10 per mile and (3) time rate increased to $.20 for each 45 seconds. There would be no change for extra passengers or night surcharge. Weddle stated that there had been no increases in taxi rates for the last 15-20 years. Council Member Alexander asked what the process would he for formal Council consideration of this request. i Lloyd Harrell, City Manager, stated that staff would recommend that the matter be referred back to the administration to gather additional information regarding the time of the last i increase and what some of the price increases had been and staffywouldr taxicab companies in area regarding any ordinance Council would like prepared for formal consideration. Alexander stated that he would like to see that process started as he felt the request was a reasonable one and Council should give it consideration. Council Member Gorton asked if a public hearing was necessary. i City Manager Harrell replied that it would not be required but might be an available option. Council Member Hopkins stated that she did not want to see a long time frame involved with this request but would like to move ahead as quickly as possible. 3. Consent Agenda Gorton motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Crders: 1. Bid 19986 - Traffic Controllers 6 Cabinets I F t o City of Denton City Council Minutes June 20, 1989 Page 5 4. Ordinances l A. TE•,e Council considered adoption of an ordinance 1 accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 89-075 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A s CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. I I McAdams motioned, Gorton seconded to adopt the ordinance. On { roll vote, McAdams 'aye,' Alexander 'aye," Hopkins 'aye," Gorton 'aye," Boyd "aye,' and Mayor Pro Tem Ayer "aye.' Motion carried unanimously. B. The Council considered adoption of an ordinance amending Chapter 5, Article I (Building Code) of the Code of 1 Ordinances of the City of Denton to provide for amendments to I Section 5-3, by amending the 1985 Uniform Building Code thereto regarding permit fees: providing for a penalty in the maximum amount of $500.00 for violations thereof; providing for a severability clause; and providing for a repealer. (The Building Code Board recommended approval.) The following ordinance was considered: j N0. 89-076 j AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I (BUILDING CODE) OF THE CODE OF ORDINANCES 0: THE CITY OF DENTON TO PROVIDE FOR AMENDMENTS TO SECTION 5-31 BY AMENDING THE 1985 UNIFORM BUILDING CODE THERETO REGARDING PERMIT FEES PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATION THEREOF; PROVIDING FOR y A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER; AND i PROVIDING FOR AN EFFECTIVE DATE, McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams 'aye," Alexander "aye," Hopkins 'aye,' Gorton "aye," Boyd 'aye,' and Mayor Pro Tem Ayer 'aye". Motion carried unanimously. I it y City of Denton City Council Minutes June 20, 1989 Page 6 C. The Council considered adoption of an ordinance M amending Chapter 9, Article IV (Electrical Code) of the Code of Ordinances of the City of Denton, Texas, by amending Sections 9-46 and 9-470 deleting the requirement of an electrical permit I for the construction of new one and two family dwellings not exceeding 4,599 square feet in floor area and new multi-family complexes; providing a severability clause; repealing all ordinances in conflict herewith; and providing for a penalty in the maximum amount of $500.00 for violation thereof. (The Electrical Code Board recommended approval.) - The following ordinance was considered: ' NO.89-077 j AN ORDINANCE AMENDING CHAPTER 91 ARTICLE IV (ELECTRICAL CODE) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTIONS 9-46 AND 9-47, DELETING THE REQUIREMENT OF AN ELECTRICAL PERMIT ` FOR THE CONSTRUCTION OF NEW ONE AND TWO FAMILY I DWELLINGS NOT EXCEEDING 4,599 SQUARE FEET IN FLOOR AREA AND NEW MULTI-FAMILY COMPLEXES; PROVIDING A j SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HERFWITHI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATION THEREOF; AND ii PROVIDING FOR AN EFFECTIVE DATE. F McAdams motioned, Gorton seconded to adopt the ordinance. On l roll vote, McAdams 'aye,' Alexander "aye,' Hopkins "aye," I Gorton "aye,' Boyd 'aye,' and Mayor Pro Tem Ayer 'aye.' Motion carried unanimously. D. The Council considered adoption of an ordinance amending Chapter 13 1/2 (Mechanical Code) of the Code of Ordinances of the City of Denton, Texas by amending Section 13 1/2-2 creating an exception to the requirement to obtain a mechanical permit and the payment of a permit fee; providing a severability clauses repealing all ordinances in conflict F herewith; and proiding for a penalty in the maximum amount of $500,00 for violvation thereof. (The Plumbing and Mechanical Code Board recommended approval.) The following ordinance was considered: NO. 89-078 AN ORDINANCE AMENDING CHAPTER 13 1/2 (MECHANICAL CODE) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS THEAREQUIREMENT TTON OB13 TAIN 2A2MECREATING CHANICAL APERMIT PANDNTHE PAYMENT OF A PERMIT FEET PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITHt r , a - i City of Denton City Council Minutes June 20, 1969 Page 7 PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT Of' j $500,00 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye,' Alexander 'aye," Hopkins "aye,' Gorton "aye,' Boyd "aye," and Mayor Pro Tem Ayer 'aye," Motion carried unanimously. E, The Council considered adoption of an ordinance amending Chapter 17, Article II (Plumbing Code) of the Code of Ordinances of the City of Denton, Texas, by amending Section 17-17 (b) creating an exception to the requirement to obtain a plumbing permit; and by amending Section 17-22 creating an exception to the fee schedule requirements; repealing all ordinances in conflict herewith; and providing for a penalty in { the maximum amount of $500,00 for violation thereof. (The Plumbing and Mechanical Code 2oard recommended approval.) Council Member McAdams asked how the City would ensure that f contractors did not use non-licensed subcontractors. City Manager Harrell stated City inspectors would verify the f use of licensed subcontractors when the construction was ` inspected. The following ordinance was considered: i NO. 89-079 AN ORDINANCE AMENDING CHAPTER 17, ARTICLE II (PLUMBING CODE) OF THE C0.9E OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 17-17 (b) CREATING AN EXCEPTION TO THE REQUIREMENT TO OBTAIN A PLUMBING PERMIT; AND BY AMENDING SECTION 17-22 CREATING AN EXCEPTION TO THE FEE SCHEDULE REQUIREMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITHI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500,00 FOR VIOLATION THEREOF] AND PROVIDING FOR AN EFFECTIVE DATE, Gorton motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams 'aye," Alexander "aye,' Hopkins "aye,' f Gorton 'aye,' Boyd "aye," and Mayor Pro Tem Ayer 'aye.' Motion carried unanimously. 1 i J ,P S I [3 i r t J City of Denton June 20, 1959 City Council Minutes Page 8 F. The Council considered adoption of an ordinance approving a contract with C. H. Guernsey consultants for 1989 approval), Electric Rate Study, (The Public Utilities Board recommended The following ordinance was considered: NO. 89-080 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH C. PROFESSIONAL ENGINEERING GUERNSEY b COMPANY FOR i RATE ANALYSIS) AUTHORIZING E HE EEXPEN ITURE ELECTRIC i THEREFOR= AND PROVIDING AN EFFECTIVE DATE, OF FUNDS Hopkins motioned, Gorton seconded to adopt the ordinance, On ! roll vote, McAdams 'a Alexander ■ Gorroed■unar; Bo ly,ayell and Mayor Pco Tem Ho kias + Ayer aye, Motion Mayor Stephens joined the meeting, restrictiG. a The Council considered adoption of an ord Parks and RecreationiBoarderecommended ea Cit inance ppro roval),y parks, (The Council Member Boyd stated that the endorsement from Police Chief Jez dealt with possession and the ordinance dealt with consumption, I Debra Drayovitch, City Alcoholic Beverage Code Attorney, stated that the Texas regulating possession of alc was oholic ibeveragestandn the go ly way the city could regulate consumption in this case was because it was city property, 1 City Manager Harrell stated that he had spoken with Chief Jez and the Chief's position was that standpoint, a more effective from the law enforcement provided for job could be done if the ordinance also said thatpconsumptiontwasethe next in City parks, but he next best thing. The following ordinance was considered: I i 4 City of Denton City Council Minutes June 20, 1989 Page 9 N0. 89-081 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 15-7 (CON.'UMPTION OF ALCOHOLIC BEVERAGES PROHIBITED IN PARKING AREAS) OF CHAPTER 15 (PARKS AND RECREATION) OF THE CODE OF ORDINANCES BY PROHIBITING BEVERA PARKSTHE PROVIDING FOR AACMAXIMUM PENALTY SIN ITHE CERTAIN AMOUNT OF $200 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to adopt he ordinan e. On roll vote, McAdams 'aye," Alexander aye, Hopkins 0 ay 10 Goton 'aye,' Ayer "aye,' Boyd "aye," and Mayor Stephens 'aye.' Motion carried unanimously. H a contract c between idthed City adoption of Denton oandnaJAS . The approving Consultants, Inc. The following ordinance was considered: NO. 89-082 AN ORDINANCE AUTHORIZING THE MAYOR FOR TO EXECUTE AN PROFESSIONAL AGREEMENT WITH JAS CONSULTANTS, IN C. ENGINEERING SERVICES REGARDING THE DEVELOPMENT AND APPLICATION OF A MICROCOMPUTER BASED TRAVEL DEMAND FORECASTING SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to adopt the ordinance. Or" toll vote, McAdams aye, Alexander aye, 0 Hopkins c,ortan 'aye,' Ayer "aye," Boyd "aye,' and Mayor Stephens ■aye.0 Motion carried unanimously. I. The Council considered adoption of an ordinance adopting TLP. (ThecPublic Utilitiese B ardTrecommendedeapproval).schedule Bob Nelson, Executive Director for utilities, stated that this ral j ordinance involved four time-of-use rates, t large s, re primary l general E service, general service primacy a reviewed the rate structure. He stated that the rate was optional but once on the rate, it must be kept for a one year time period. Mayor Stephens asked how the small businesses around the square would be affected. L J P ~ 4$ 2 1 t City of Denton City Council Minutes June 20, 1989 Page 10 Nelson replied that if the businesses could shift their peak loads, they would have some savings but most retail/offices 1 probably couldn't shift their loads. Mayor Pro Tem Ayer felt it would be hard for a residential customer to take advantage of this rate and most commercial users might not be able to use the rate. Could Nelson give an example of a commercial customer who could take advantage of this rate. Nelson stated that a company could take advantage of the rate if they altered their shifts during weekdays of summer months so as to be finished by 12:30 p.m. in the afternoon and shut down most of their operations to avoid peak hour usage. i Council Member Ayer stated then that the objective of the ordinance was to reduce the peak load with an ultimate goal of delaying the time when it would be necessary to expand generating capacity. Nelson replied that this was a long term program. Council Member Alexander asked about the possibility of special provisions for residential customers on shift work to be able to opt out of the program if their working hours changed before J the year was completed. yi Council Member Hopkins felt it was not right to opt out of the ` program before a year because the customer would have received the benefits of the reduced rate and the City would not have F received its benefit. Council Member McAdams was concerned with those residential customers who might opt for the rate and then have a change in working hours and would be handicapped with the rate after the change, i Nelson replied that once an individual was on the rate, he would be required to stay on the rate for a year in order for the City and the individual both to receive the benefit of the rate. The following ordinance was considered: NO. 89-083 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF RATES FOR ELECTRICAL SERVICES BY ADDING SCHEDULES T-R (RESIDENTIAL - TIME-OF-USE), TGS j (GENERAL SERVICE - TIME-OF-USE), TGP (GENERAL SERVICE PRIMARY - TIME-OF-USE) AND TLP (LARGE PRIMARY - TIME-OF-USE); AND PROVIDING FOR AN EFFECTIVE DATE. 3 t d t Vi 5 r J City of Denton City Coun,7il Minutes June 20, 1989 Page 11 Council Member Gorton noted that the ordinance listed a schedule IDR to be included but the back-up did not give any details for that rate. Nelson replied that that schedule should not be included in the ordinance. Alexander motioned, Hopkins seconded to adopt the ordinance deleting Schedule IDR with further study for a possible amendment to Schedule T-R. On roll vote, McAdams 'aye," Alexander 'aye,' Hopkins 'aye," Gorton aye, Ayer 'aye," ' Boyd aye," and Mayor Stephens "aye." Motion carried unanimously. 5. Resolutions A. The Council considered approval of a resolution approving Policy Number 108.11, Drug Free Workplace and Policy Number 107.10 Employee Assistance Program. The following resolution was considered: I f RESOLUTION NO. R89-044 ` A RESOLUTION ADOPTING POLICIES REGARDING A DRUG FREE I WORKPLACE AND EMPLOYEE ASSISTANCE PROGRAM, AND DECLARING AN EFFECTIVE DATE. J McAdams motioned# McAdams a ':aseconded to approve the resolution. On I j Groll Voter "aye," Ayer aye;" Boyd layer 'ayand MayornsStephens 'aye. Motion carried unanimously, B. The Council considered approval of a resolution temporarily closing the 235E service road from Avenue E to Bonnie Brae excluding the ex Jul 4 it ramp prior to Bo Y ► 1989 for the Kiwanis fireworks display, nnie Brae on i The fallowing resolution was considered: RESOLUTION NO. R89-045 A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E I FRONTAGE ROAD, FROM ITS INTERSECTION WITH AVENUE E TO ITS INTERSECTION WITH BONNIE BRAE ON JULY 4, 1989; AND PROVIDING AN EFFECTIVE DATE. Alexander motioned, Ayer seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," sold "aye," and Mayor Stephens ~aye.' Motion carried unanimously, I I a ~ City of Denton City Council Minutes June 20, 1989 Page 12 6. The Council considered approval of the appointment of ! a Deputy City Secretary. 1 Lloyd Harrell, City Manager, stated that he would like to appoint Sherry Harper who would be handling the beer and wine permits. Alexander motioned, McAdams seconded to approve the appointment. On roll vote, tlcAdams "aye," Alexander `aye,' Hopkins `aye," Gorton 'aye,' Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: I ' A. The May budget recap as noted in the agenda , back-up. 1 B. The City Employee Picnic would be held in the Civic Center Park on Sunday and Council was invited. j C. There would be a short Council meeting June 27, 1989 to receive major budget issues. I j 8. There was no official action taken during the Work Session executive Session. 9. New Business There were no items of new business suggested by Council Members for future agendas. Mayor Stephens relayed several proposals brought out at the U. S. Conference of Mayors seminar he recently attended. Those proposals included drug awareness and enforcement, AIDS programs, housing, and Community Development Block Grants. 10. The Council convened into the Executive Session to discuss legal matters (discussed in re: Flow and Lincolnwood 4 vs. City of Denton), real estate and personnel/board appointments (consider ed appointments to all City of Denton Boards and Commissions). The Council reconvened into open session and took the following action: A. McAdams motioned, Gorton seconded to appoint the following individuals to City Boards/Commission: } City of Denton City Council Minutes June 20, 1989 Page 13 1989 Reappointments and New Appointments CITY OF DENTON BOARDS AND COMMISSI0N6 J AIRPORT BOARD BOARD OF ADJUSTMENT l Rick Woolfolk Clovis Morrisson George Gilkeson Merlin Lee Gene Wright Janeda Peploe Deborah Darley BUILDING CODE CABLE T.V. Cliff Reding Joseph Fearing Wayne Allen John Kuiper CTSSC CDBG Frances LaForte Sarah Parker Doug Chadwick Dennis Stephens Alice Gore Sonja McDade Wesley Marilyn Smith Peggy Norton DATA PROCESSING ELECTRICAL CODE f Charles Ridens Jim McClanahan f ! Jim Kuykendall Jim Robbins I } ` HISTORIC LANDMARK HUMAN SERVICES Mike Cochran Gary Truitt Rita Holcomb Katy Dawson Janet Shelton Dorothy Damico Judith Abbott Anita Cowan Gaylen Fickey Richard Enos Don Hayes r I r City of Denton city council Minutes June 20, 1989 Page 14 LIBRARY BOARD PARKS AND RECREATION Ted Maines Dalton Gregory Marl Jo Pickens Carl Anderson Dorothy Adkins Rita Pilkey Jean Glasgow PLANNING AND ZONING PLUMBING AND MECHANICAL CODE Etha Kiker George Becker Euline Brock Bob Sullivan Ivan Glasscock Bill Burley Judd Holt Joe Mulroy PUBLIC UTILITIES TMPA John Thompson Ray Stephens motion carried unanimously. With no further business, the meeting was adjourned at 10;21 P.m. I 3 RAY STEPHENS MAYOR 4 : ~ ~E'ANIF'EA~1x1, CITY SECRETARY CITY OF DENTON; TEXAS 3121C I ~ s, d 2 K CITY OF DENTON CITY COUNCIL MINUTES JUNE 27, 1989 The council convened into the Special Called Session at 7:00 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council considered adoption of an ordinance --1 authorizing the Mayor to execute a contract for the collection of delinquent taxes. Jim Bunyard, Treasurer, stated that staff was recommending II ! continuing with the firm of Heard, Goggin, Blair and Williams for the collection of delinquont taxes. The following ordinance was considered: NO. 89-084 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES; AND ' PROVIDING FOR AN EFFECTIVE DATE, Ayer motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye." Gorton "aye," Ayer "aye." Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously, 2. The Council considered approval of an appointment to the Civil Service Com:-+.ssion. Lloyd Harrell, City Manager, submitted the name of Derrell Bulls to continue on the Civil Service Commission for the term of 1989-1992. McAdams motioned, Alexander seconded to approve the appointment. Motion carried unanimously. 3, The Council considered Mayor's appointments to the r Denton Housing Authority. Mayor Stephens stated that the item was on the agenda for informational purposes for the other Council Members. He had I! reappointed George Edwards, William Wilson and Barbara Fisher to the Denton Housing Authority. I r i 2 t City of Denton City Council Minutes June 27, 1989 Page 2 4. The Council discussed Council ranking of City goals. Lloyd Harrell, City Manager, stated that these were ranking of the goals from the council seminar. He stated that the ranking would be used in conjunction with the proposed preliminary budget and priorities for money within the budget. Within the next month, it the goals would be updated as far as progress with each goal and perhaps some of the goals could be deleted at that time due to completion. Council Member McAdams expressed concern over the list of goals and the ranking of those goals. She did not start out with idea that the listings from the Seminar were going to be "goals". She was concerned that the list might not accurately reflect ,goalsll as goals had not bee initially asked for. She al3o felt that the meanings for the "goals" might be different for each I.ar.son and that definitions might be in order. Council then held a discussion regarding the formation of the goals and the careful use of the ranking list for dollar allocation in the next budget. Suggestions were made for a possibility of two lists - those requiring money and those not requiring :coney. City Manager Harrell stated that there was limited resources of J time and money for any of the issues. Staff wanted to spend as time and effort as possible on those issues which were most M important to Council. i 5. The Council held a discussion regarding major issues relative to the 1989-90 budget. Lloyd Harrell. City Manager, characterized the preliminary budget as one with with difficult choices in order to offer a "status quo" budget - continue what had been done in the past and not cut any services. Three areas of growth in the budget were (1) athletic maintenance for parks, (2) median landscaping area with additional resources and positions, and (3) positions in the General Fund for GIS. A major commitment had been made in the area of police protection and investigation units. Major Issues in the General Fund were presented as follows: (1) General Fund Reserve Level - Current policy was to keep the reserve level between 8-10%. Staff was recommending maintaining the unreserved balance at the current level. This would bring the fund balance to 9.34% of the proposed budget exponditures. I i I i ~ j or InK 3 City of Denton City Council Minutes June 27, 1989 Page 3 (2) Revenues - The revenue issue was divided between property tax, sales tax and other revenues. Property tax alternatives were to keep the rate at its current level of $.5928 per $100 valuation, reduce the tax rate to the effective rate of $.5853 or raise the rate to the 6% rollback limit of $.6122. Staff recommendation was to raise the tax rate to the $.6122 per $100 valuation which would result in an additional $111,294 worth of revenue and would allow for substantial increases in public safety services. Sales tax alternatives included keeping the sales tax projections at the current growth rate of 9.4%, reduce the estimate for sales tax collection to a 0% growth or raise the sale tax by 4% over the current estimated collection. Staff was recommending to keep the sales tax at the 4% estimate and to continue monitoring the r included evenue source for any severe fluctuations. Other Revenues h County's to the County ca nc contribution to the keeprathe estimated rate at $1.50 per capita, reduce the estimated rate to $1.00 per capita or eliminate any contributions from the County and explore options for county resident uses of the Library. Staff was recommending that the contribution of $1.50 per capita be left in the budget and that the city strongly encourage the County to fund at that level. I I (3) New Fire he firestation oreservelteThose valternatives sought setting aside only a portion of the $150,000 in the 1989-90 budget, setting aside the $150,000, leaving the reserve at $315,000 and use the $150,000 for other programs, depleting the reserve, or increasing the funding to $225,000. Staff recommended the funding of the reserve at $150,000 for 1989-90. (4) New Positions - several new positions were being recommended in the 1989-90 budget. These positions were primarily in the areas of public safety, parks and median maintenance and GIS. 17 additional public safety positions were begin recommended, 4.5 parks and median maintenance positions, 2 GIS positions, and 5.5 other General Fund positions were included in the budget. In ) Adjustments e anticipated to the increases the employee rates for health Insurance, a marginal increase in the budget was recommended. Alternatives for salary t increases were to grant no annual pay increase bring the various job classes to minimum market as determined by the i market survey conducted by the Personnel Department or to grant a portion of the recommended increase to the various job families. Staff was recommending that a 4% salary adjustment i be granted for Service Maintenance, Temporary, Seasonal, Technical/Para-Professional, Fire and Police pay groups and a 2 1/2t salary adjustment for office Support, Professional, Management/supervision and Executive groups. 1 city of Denton city council Minutes June 27, 1989 Page 4 (6) Benefits Adjustment - Staff was recommending benefits package adjustments in the areas of TMRs updated credit and the fire pension plan increase. (7) Other Agency Contributions - Staff had included the recommendations from the Human Resources Committee Alternatives were to keep the funding at its current level, funding at the recommended level or reduce below the current funding level. (8) Tax Exemptions For Persons Over 65 - Alternatives for this issue included leaving the exemption at the current amount, increase the exemption to $25,000, or proceeding with the implementation of the goal of increasing the exemptions by $1,000 a year which would increase the total amount of exemptions for the current year to $18,000. Staff was recommending to increase the exemptions by $1,000 for the 1989-90 fiscal year. (9) Lone Star Gas Franchise - Alternatives to the current gas franchise fees included leaving the fee at 2%, raising the fee to 3%. eliminating the industrial rate exemption, or raising the gas franchise tax to a percentage higher than 3%. Staff recommended the franchise fee to be raised to 3%. (10) Health Insurance Fund Deficit - Three alternatives were mentioned as a means to dealing with the health insurance fund deficit which included remaining on the current plan and d increasing the rates to cover the deficit, providing for a 50% increase in the rates and reviewing ways of reducing or restructuring the health plan coverage or eliminating health care coverage and offering only an HMO plan. Staff recommended that the budget include a 50% increase for the City's contribution for its employees coverage. It also recommended that input be solicited from employees and be given to Coopers b Lybrand so that a plan for reducing or restructuring the health plan coverage could be implemented in the next year. (11) Improvements Program - C.I.P. restructuring alternatives included utilizing $200,000 from the debt service fund balance for debt payments or restructuring the C.I.P. and increase the tax rate by $.01 with more substantial increases P being required in future years. Staff was recommending the restructuring of the C.I.P. 1986 five year plan. (12) internal Auditor - Due to continued recommendation by the outside auditors, alterr.cives to this position included transferring the amount of budgeted dollars from the vacant operations Analysis Administrator position to the city Manager's Office and creating an internal audit position, reducing other expenditures by $45,677 and creating an internal audit position or not creating the position. Staff was recommending that the position be created with the transfer from Operations Analysis. 1 s City of Denton City Council Minutes " June 27, 1989 Page 5 (13) Defensive Driving - Alternatives for this issue included keeping the program as it currently existed, teaching classes only in Denton or eliminating defensive driving. Staff was recommending that the program continue only within the Denton area. (14) Civic Center - As the Civic Center was in need of extensive repair, alternatives for funding included taking $287,000 out of the General Fund and reducing expenditures elsewhere, renovating major attuctural repairs within the Capital Improvements Program, cr funding all or part of the Civic Center repairs from the hotel/motel tax collections. Staff recommended the funding not be taken from the General Fund or the CIP because of budgetary limitations and explore --1 the possibility of utilizing some of the hotel/motel tax collections funds for this program, (15) Fire Department - The Fire Department was recommending the purchase of 90 pager units for all fire fighter personnel so as to reduce the necessity of additional manpower in the department. Alternatives proposed included finding the necessary $36,000 in the current operating budget, not purchasing the units, or hiring additional personnel to cover the cost which necessitate approximately three fire fighters at a cost of $96,500. Staff was recommending the purchase of the ninety pager units. (16) Senior Center - Funding for the new expanded Center alternatives included deleting the $57,703 that was currently in the budget, adding $22,CO0 for equipment to be able to equip j the woodshop and other areas in the new expansion, or funding $57,703 to provide for half-time recreation leader, utility services, supplies, furniture and contract cleaners. Staff recommended that the funding of $37,903 be provided in the budget to allow for the half-time recreation leader and the bare essentials needed to open the facility. (17) Street Improvements - Staff was proposing funding for the acquleon of street sweeping equipment and addition of a heavy equipment operator though the Street Departments participation in the Hickory Street and Oak Street rebuilds scheduled in the 1989-90 C.I.P. As the Street Department would be doing most of the work on those projects, the department could capitalize all labor and materials used on the projects. Major issues in the Recreation Fund included: I ti __r low r I h city of Denton city council Minutes ,tune 27, 1989 Page 6 (1) Programs - The Parks and Recreation department had drafted a statement of philosophy identifying the program areas that would be funded from the General Fund and these that would be funded from the Recreation Fund. Alteftta'ives to the development of a Recreation Fund philosophy included funding all programs out of the General Fund, funding all the programs out of the Recreation Fund, or determining a philosophy by which the Recreation Fund programs would become self-supporting. Staff recommendation was that the philosophy be adopted and the fees charged accordingly. (2) Positions - Alternatives for finding the funding for an additional .5 position included funding the position totally out of the General Fund, funding the position totally out of the Recreation Fund, or splitting the duties and the costs between the Recreation Fund and the General Fund. Staff's recommendation was that since the position would be working on General Fund and Recreation Fund activities and the position would be in the administrative section of the Parks and j Recreation Department, the position should be funded one-half out of the Recreation Fund and one-half out of the General Fund. Major issues in the Sanitation Fund included: 4 (1) Revenues - As the State legislature had mandated that V J all landfills rebate a surcharge to the state, alternatives to raise this surcharge included not imposing any type of rate N increases and finding areas to reduce expenditures or funding the rate increase to produce the additional revenues needed. Staff recommended that a rate increase be placed in effect on October 1, 1989 in order to offset the state's surcharge. Commercial revenues alternatives included keeping the system as it currently existed which would necessitate a reduction of 1 $54,150 of expenditures or additional rate increases or including the miscellaneous revenues and allow City Council to review the SWAC Committee recommendations and take final action on the commercial collection after a review of their recommendations. Staff recommendations were to include the revenues within the proposed budget which would allow time for the City Council to review the SWAG recommendations. Major issues for utilities included: i s (1) New Positions - The Electric Department recommended 2.5 additional positions, the Water/Wastewater Department recommended 5 positions. (2) Electric Summary - No rate increased was planned in electric rates for 1989-90. i I I V i City of Denton City Council Minutes June 27, 1989 Page 7 (3) Water Summary - an 8.5% increase in water rates was being projected effective October 1, 1989. (4) Wastewater Summary - Wastewater/sewer rates were projected to increase by 8.5% in 1989-90. Major issues for the working capital fund (Municipal Garage) included: (1) New Positions - One new position was being requested which would be funded from the Working Capital Fund. ii (2) Buildings - A new building for the Municipal Garage I was be iny recommended for which Certificates of obligation -a would be required. 6. The Council convened into Executive Session to discuss legal matters, real estate, and personnel/board appointments. (considered appointments to the Board of Adjustment, Building Code Board, Cable T. V. Advisory Board, Citizens Traffic Safety Support Commission. Electrical Code Board, Historic Landmark Commission, and the Human Services Committee). 1 The Council then reconvened into open session and took the j following action: A. McAdams motioned, Boyd seconded to approve the appointments of the following individuals: i Electrical Code Historic Landmark Commission Leonard Starnes W. A. Barker Marion Johnson Human Services Committee 1 Barbara Atkins I Motion carried unanimously. With no further business, the meeting was adjourned at 11:26 p.m. ' RAY STEPHENS, MAYOR j ' I JENNIFER WALTERS. CITY SECRETARY CITY OF DENTON, TEXAS 3124C I i I J K F r i y 1r y I Ii~ I j E ik l f f i i i 1 f ~ I go@ go UPPER ` TRINITY Municipal Water Authority, Inc. .lllll ll\11\•BOARD OF DIRECTORS !,J a June 20, 1989 L f t a ~I 1 }1k ?rj, ~ I Steven L Ba ohus, Pros J 2 61989 ; i tt City of Lewisville ch7 t Mr. Lloyd Harrell E Netson, V P, City Manager A B E of Denton City of Denton City - 215 East McKinney Austin Adams, Sec rrreas. Denton, Texas 76201 City of Hlgh!and Village Dear Mr. Harrell: Don Cline City of Carrolaon At the June 8, 1989 meeting of the Board of Directors of the Upper Trinity Municipal Water Authority, Inc., the Board adopted the en- Tim Fisher closed resolution. The Board asked roe to express their sincere Bolivar Water Supply appreciation to you and the City of Denton for your leadership and support. Soon, the newly created Regional District will be in Martin tighbaugh operation. Lake Cities MUA With this regional alternative now available, the utilities and Dick Sellars governmental entities of Denton County can proceed with new vigor City of Pilot Point and confidence to plan for future water, wastewater and solid waste requirements. We will help you any way that we can. Crty of The Colony A special 'thank you' goes to your colleagues and staff who have provided much encouragement and assistance along the way. The new District will continue to need your and their help as it organizes for the tasks that lie ahead. Your placing the resolution on the next agenda of the City Council for acceptance will be appreciated. 5ipcerely, as E. Taylor General Manager P j TET:bIs I I 151 West Church Street; Lewisville, Texas 75067 I Ir low { i { 1 UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC.' RESOLUTION 4 i S WHEREAS, the City Council of the City of Denton entered into an interlocal agree- ment with the City of Lewisville in March 1988 establishing the Upper Trinity Municipal Water Authority, Inc., a non-profit corporation, to provide interim man- agement of the program for planning, developing, design and financing of needed public water supply and wastewater treatment on a regional basis; and WHEREAS, the City Council and staff of the City of Denton have provided fore- sighted leadership and statesmanship in a broadly based effort to create a regional water and wastewater program; and WHEREAS, the 33 agencies participating in the Denton County Water and Waste- water Steering Committee developed a proposed strategy to create an efficient regional system that can be responsive to the cities and utilities of Oenton County; and I WHEREAS, the Texas Legislature in its 1989 regular session enacted a Bill to create 1 the Upper Trinity Regional Water District; and WHEREAS, the Board of Directors of the Authority recognize that the support of the City of Denton enabled the regional program to get an early and successful ' start; j 1 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC.: SECTION 1. That the Board of Directors expresses its deep appreciation to the Denton City Council for their personal leadership, their financial support and their steady encouragement during the four-year period it took to develop the regional strategy. SECTION 2. That the Board of Directors commends Lloyd Harrell, Robert Nelson, 1 David Ham, Glenn Jaspers and Gay Racina for individual efforts above and beyond their normal duties, which efforts have brought credit to them personally and to the City of Denton. I I SECTION 3. That this Resolution shall become effective immediately upon its approval. DULY PASSED AND APPROVED this the 8th day of June, 1989. At t: Pre Ident 5 r ir low r k~ s y 44 a i I~ f ~ E i I r f I I -r~r*tt A3 1 L A VIC BURGESS IEtJ)~ COUnTYJUDGE Jt.-ne 20, 1989 GlfMUr. i CITY NA IIA:J`^~'~ J-~ The Honorable Ray Stephens 215 E. McKinney Denton, Texas 76201 ~I Dear Mayor Stephens A special meeting of the Denton County Mayors Association will he held on Wednesday, ! June 28th, at 6:30 p.m. in Denton, at Wyatt's Cafeteria. I ' The purpose of this meeting will be to hear a presentation by County Judge Vic Burgess and members of the Denton County Economic Development Day Executive Committee. Denton County Day for Economic Development is planned for October 6th at the ilNT Coliseum and Includes cities and chambers of commerce In Denton County. Ail who can attend this meeting are welcome. I We would also like to be placed on your next city council agenda, in order that we might make a brief presentation on Denton County Day for Economic Development. y truI { Yy V eiss / County Judge 713/pr h cc: Commissioners Court I f k~ I COUNTY COURT OF DENTON COUNTY . COURTHOUSEON THE SOUARE 110 w. HICKORY • DENTON, TEXAS 76201 181713830298 5 800.3663189 I F F 9 1 1 Li-L.A-LA.9 M i I-L F ` I I { i i i I a I I AD CITY of DENTON, TEXAS MUNICIPAL SUILOINO / DENTON, TEXAS 7820! /TELEPHONE (817) 386.9307 Office of the Gly Manager M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: July 7, 1989 SUBJECT: Back-up for Agenda item 14 - 7:00 p.m. { There is no formal back-up regarding Mr. Olsen's complaint. A letter has been sent to him notifying him of Council procedures. i i i { ( 1 i I Jen a ers i 2727C/2 1 ,I i r r I rq~ I , / f r I , I r I ~ I I i i I I , . 1 DATEI 7/11/89 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Adoption of an Ordinance amending PD b and approving a Detail Plan for Pep Boys. RECOMMENDATION: Planning and Zoning Commission recommends approval (i-0). SINWY t Approval of the Pep Boys detail plan by Ordinance will amend PD b by authorizing an automobile parts store and an automobile service center in the same building. BACKGROUNDS See "History" in Staff Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDS Pep Boys, Inc. of California, H. S. Miller Co., and Township II Neighborhood Association. `11{ FISCAL IMPACTS N/A 4 Respec ly syymit Lloyd . HarreK111 City Manager PAICP Executive Director Planning and Development r~ 1835x 1 1 I a SFAFF REPORT To: Mayor and City Council Case No.: Z-88-016 Meeting Date: July 11, 1989 GENERAL INFORMATION Applicant: Pep Boys of California, Inc. 1122 W. Washington Boulevard Los Angeles, California 90015 Status of Applicant: Proposed Owner Requested Action: Approval a detailed plan for a portion of Planned Development-6. The land use proposed is an automobile service center and automobile parts store A 1.727 acre tract located in San Location and Size: Jacinto Plaza on the I-35 service road adjacent to Wolfe's Nursery Surrounding Zoning and North - PD-6, Single family Land Use: residential South - I-35 East - SPD-6 I hopping San Center, Jacinto rePlaza tail West - PL-6, Wolfe's Nursery Denton Development Plan: Low intensity area SPECIAL INFORMATION Transportation: The property has access to the I-35 service road. In an effort to improve traffic circulation, the detailed plan would eliminate one access to the service road. Stacking has been provided at entrance and exit points. The SDHPT has modified the exit ramp from I-35 to Dallas Drive to narrow the entrance on to Dallas Drive to one lane on the left. I i J~ 1 i (Case Z-8B-016) SPECIAL INFORMATION (continued) utilities: Existing utilities are adequate for this use. A 16' utility easement is located along the north property line. Drainage: Drainage will be routed to the access easement or east toward Mervyn's parking lot. HISTORY The property was zoned planned development in 1969 by Ordinance 0 69-35. Planned development-6 includes residential multi-family, cluster and retail/office land uses. Several amendments have been requested and approved. In addition, site plans for office and retail uses have been approved. In 1973, Council approved by motion a site plan that showed this area as commercial/recreation. No ordinance for this site plan was passed. This violated Ordinance #69-35 and the existing zoning 1 f ordinance, and a motion may not overturn an ordinance. ; Therefore, the 1973 site plan is not in effect. The Planning and Zoning Commission recommended denial of a detailed plan on this site for a Pep Boys store in October of 1988. The case was scheduled for City Council public hearing on October 12, 19881 however, the item was removed from the agenda at the request of the petitioner. The City Council postponed action on the request at its December 13, 1988. Subsequently, the developer withdrew consideration of the detailed plan which was recommended by Planning and Zoning for denial. ANALYSIS The property is located in a low intensity area according to the Denton Development Plan. While the disproportionate share of intensity pol cy was not applicable in 1969, a disproportionate share of intensity was allocated by approval of the original plan for the planned development, and a disproportionate share of intensity is requested with this detailed plan. This site is designated for office/retail, and a very small area of multi-family use in the planned development ordinance in effect (069-35). A detailed plan to be approved by ordinance is required by Ordinance 169-35 and Article 11, Appendix B (zoning) of the Code of Ordinances as amended and effective on May 20, 1986. 2 11 J r (Case Z-bb-Olb) ANALYSIS (continued) The detailed plan contains all information required by Article 11 of Appendix B (zoning) and Appendix C (landscaping and tree preservation) of the City of Denton Code of Ordinances. The proposal shows the elimination of an access point to the 1-35 Service Road and landscaping and screening along the 1-35 service road. The internal traffic circulation is designed so that parking is located on the side of the building and along the frontage of the service road. Landscaping is provided throughout the tract. Sign standards will exceed those of Article 17 (signs) of Appendix B (zoning) of the Code of Ordinance. The ground sign will be no taller than 15 feet and no larger than 150 square feet. During the public hearing with the Commission oil the previous detailed plan, the Commission stated that an automotive repair I center could be disruptive to the adjacent neighborhood. The previous design allowed access to the automotive repair bays on the east side of the building. The current submittal shows the building relocated with the bays facing I-35. The front of the J building, or the east building face, will be obscured by a retaining wall that is 9 feet on the west end and tapering down f to 2 feet at the driveway. Noise generated from the automotive repair area should project toward I-35 and away from the residential area with the revision to the design. A noise study is attached. f Zoning decisions have a significant impact on existing ` neighborhoods, and the policies of the Plan state that the priority should be given to the existing neighborhood. The proposed detailed plan includes a solid concrete wall 8 feet in height along the propperty line with the residential properties. A row of trees will be planted along the entire boundary as well. No vehicular access is proposed along the boundary which is a change from the previous submittal. Five Pep Boys stores in the Dallas-Fort Worth area were visited by staff and appear to be similar in design and construction. Most of the facilities are not located adjacent to existing neighborhoods. The Pep Boys Store located on Collins Street in Arlington is located adjacent to an existing older residential neighborhood. Staff witnessed three incidents of repairs occurring outside the building either in the parking lot or j adjacent to the bay-repair area during visits to the Pep Boys j stores. Although the petitioner stated it was against company 1 policy to work on vehicles outside of the building. 1 I ~ - 3 q- low i (Case Z-88-016) ANALYSIS (continued) The proposal submitted for recommendation includes a number of significant changes from the previously submitted detail plan for Pep Boys. In summary, they are as follows: 1. Bay doors face I-35. 2. Retaining wall on eastern side of lot screens building. I 3. Vehicular access to rear of building prohibited and this area is now landscaped. 4. Dumpsters are now on access road side of building. S. Sign standard is 100 square feet smaller and 35 feet shorter. 6. Lighting standards have been added. 7. Parking will not be allowed in the access easement. .r{ i RECOMMENDATION The Planning and Zoning Commission recommends approval of Z-88-016 (6-0). I ALTERNATIVES I 1. Approve petition 2. Approve petition with conditions and/or additional or different design standards. j 3. Deny petition } ATTACHMENTS 1. Location Map 2. Detailed Plan 3. Development Standards 4. Ordinance 169-35 S. 1973 approved site plan 6. Previously submitted detailed plan 7. Minutes of Planning and Zoning Commission meeting of May 10, 1989 8. Noise study f 1 I 4 J 08390 1 i Z 8 8 0 1 6 ATTACHMENT 1 I M M IL MORSE 4 `~-wx^'~ IVir -"+5a I w La srraa Z ALEGRE VISTA ~y HADY OAKS DR. G sortm rg wel"m ' wo p L ~~l 10 33 1P E lib e. nQ L ~ ~1 1 d ~ ~ d F 0,1 ~ ~~yp. 4 9~ + to LONDONDERaY a. O tocs- taco cf, Q IRVUM e4 amore Timm" ]r s ~ 1 I S ATTACHMENT 2 DET~IL PLAN II ~ II ~ ;I! ~Q I FBI I ~ ~---1 ~ ~ f I r 1r a e r- 2r-o• "gT ~ + I ' o b A NJ it o I ~ e 4 a 1 N E A r-a F 71-C h 0' n ~F 1 n X41 I . sr-r or r 8 . it ^ft tAW&W oac~ca m c F'ED' BOYS INTEhSTATE 35 AND DALLAS DRIVE I Is -10' low ATTACHMENT 3 DEVELCPKENT STANDARDS CONCEPT PLAN DETAILED PLAN 1. Statement of Intent of Owners Owner intent is t0 npprarp a 21.215 3-f Ono-stnry a„tmmnhilp center consisting of 12.895 s.f- of rt%t;ai] n ar o. riraa. batteries. miscellaneous rela ed items and to ePruira hAya_fe%r minor tune-ugs. hrakpo, mnfflrr.,_ uhP and oil hanggs, anA the installation of auto parts normally cnld by Pon Anvs_ 2. Statement Indicating Relation to Denton Development Guiaes The Plan Development cmmpli a with hP nPntna-VAnning nPnarhmPnl- guide lingg. i 7. Total Number of Acres in Proposed Districts 1.727 acrpa_ 4. Land Uses and Total Number of Acres in Each Parcel Or Tracts Total Proposed Acreage i a. Single Family Detached N/A b. Single Family Attached (townhouses, cluster, etc.) N/A c. Attached Patio/Garden/Sere tot Line N/A d. Duplts. N/A i e. Multi-Family H/A f. Office W4A g. Neighborhood Service N/A h. General Retail 21.235 s.f. to Comswreial N/A j. Light iadustrial N/A j k. Heavy Industrial N/A 1. other (specify) Retail auto parts-sales i service 12.R45 a_f_ r a 1 4.568 s.f. storage j _ 3,772 s.f. service i 3-1 J t Development Standards " Page 2 S. Off-Site Information - adjacent or surrounding land uses, zoning, etteets, drainage facilities, and other existing or proposed improvomente. (Shown on concept or detailed plan.) 6. Traffic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points. (Shown on concept or detailed plan.) + Projected Traffic Cenetatton. (Based on traffic study, if required.) I 1,232 tr`iosr r 4, 1 T, Buildings a. Approximate location. (Shown on concept or detailed plan,) b. Maximum heights 23'-0" at north property linel co Minimum setbarkss (Shown on concept or detailed plan.) Front 50'-D" Rear 221-9" d. Maximum gross floor area (square feet) for nonresidentials N/A 1 I~ E ' I S. Residential Subdivisions as Number of units per acre (density): i b. Number and location of lotes (Shove on concept or detailed plan.) -0- c, minimum site, width and depth of lots (Shown on concept or detailed plan.) 1 d. Minimum front, side and rear yard setbackas (Shown on concept or detailed plan.) s I 3-2 { r i i tr low b `I f , 4 Davelopment standards page 9. Natar and Drainage - approximate location of all existing or proposed creeks, pcnde, lakes, floodplains, other water retention or major drainage facilities and improvements. (Shown on concept or detailed plan.) 10, utilities - location of all major sever, water or electrical lines and facilities. (Shown on concept or detailed plan-) 11. Location of trees 31 in diameter - sit (6) fast from ground level. (shown on concept or detailed plan.) -~^1 11- open space - location and site of greenbelts, parks, common and recreational areas. (Shown on concept or detailed plan.) , Yes 174 Screening - location, type and site of ell fences, berms or screening features. (Shown on concept or detailed plan-) 81-011 high concrete fence a1Qng nnrt-h prnpexty Iinn 7 (concept plan) - showing specific date detailed plan will 14. Development Schedule be submitted, date to start construction and complete construction, and rate of development. All dated should indicate month and year. .Start construction: October 1989 - Complete construction: April 1990. i i ADDITIONAL REQUIREMENTS FOR A D6TAMD PLAN 15- Landscaping Plan - mayor features and types of landscaping to be used. F Landscape screen consisting of evergreen trees (331 on north _property line and a total of 12,214 s,f. of landscaped ar as. i 3-3 r V LJ w Development Standards „ Page i 16. Signs - show location, type and site on detailed plan] otherwise, signs must conform to Article 17 of the coning Ordinance. Conforms to the sign ordinance- 17. Sidewalks. (Shown on detailed plan.) 1 18. All information required for preliminary plat in accordance with Appendix A (Denton Development Code) of the Code of Ordinances, (A separate plat is required.) 19. wvslopaent Schedule (detailed plan) - indicating start and completion of j construction and the rate of development. All dates should indicate south i and year. Start construction: October.1989. y Complete construction: April 1990. y i 1 i ab 3/67 3-4 z 1 J ATTACHMENT 4 - ORDINANCE 065-35 901AAAU 40. 61.14 (ConNnwdl and said taaaa are to be atsesled and ullectad for tM ourooles mrNnaftr stlsulaud ae fellow, to wits (a) for the Uwsl Fund alleutlen en the $100.00 valuation f,isol (E) For tM Sntroot and eodermetton Funds on outsgndlnf WdN Indeltedmss on tha $100.00 veluatlon e~91 Total Allocation of levy $1.50 SICT011 Ift• be F11N vihm tneeaClttybS11r ~og tAta]A~1 Cwuo Clarrk of Eton County and the State 00011 ofU111 kt 1104tl StCT Thls oNlnana sM11 be oNeotlw lwrdtatolr usal its Oesaafo. FA35C0 AM APPICIM this 111A day of $eetMer, A.0., 15H. i ATWo VTY•a OIMTI, MAO. CITY OFT", to WOM AS TO LK% FM I cCm 3i D", T~ {fi r WIN= Isl. wx ~ Al OM[MMCI NAtM M mltM IM a1 T1R cm auO~MF01$ MU Rrob OF T1~1 CITY f0 NIM + 11;111% CITY Inla a CM LM I. f, 3 Air d M C}TY_ M All Cm 113 ON clTt AI ilOIw/A1FIICIAM 00=80 0 TaaearooM41 ?FOCI1, I$A1 A I TUAS, O1lt~iMMtillllff Al V111101" wee 11t OWL a M CM Of wfto TVA # *611 OAO NI A ~ That as W no of w cite of ON yo m e~tw J 1401 1M as eat ~wb. of tM 1CMM M OeM~+uaw of tM iiew WNiw' ffS hot* w1wed a P144s oerloMn M. fol. All the MmiftfM► MaaFIW 04 11101111 If NW* Howl Ira 06 4A' • Ap coltaire) OUtrfet w ebro a Hid IM11011 Mq, end all ONO1*l of Or1Iwo Ne. 66.1 N»W tM 140 do of lanwq, I 4-1 2 M IFOI MCI 40. ll•,. ,Caacfnuedl Toll, is awndN, Ihall heroafter Jolly to aid property is 101 . PIMnN Dewlopwnt Dfstricl Ic4oNfnt to, and IueJKt to, the 6etow Conditions Me roprlrewrnto, Md to the plat 4tudled hMeto and Ode 4 part hanaf par 411 purs+eas, and lelnt tpMnlly doosrlEef is all that C4rtaln lest, tr44t cep papal of land sttu4tad in the City and County of Donlon, taxes, knp,el 41 City late 11 and Is of City Mo 2351 City lots 1, 2, 3 and 4 of City Ilock 213 and City lot 13 of City flock 271/0 is sh*A Mil data on the Official Fu Map of the City of Osman, Texas, and Mint the Is" pro erv delcrioN in the atachad plat (located in the 1700 11040 at Dallas Orive), which Conditions Md rWrewnte an a feliewet 11 4 OulimAll or ether ltmKturo shall be Constructed on f car 6cra1 axhtint Sat lines shM em the attached plat and em future rao144e, nor be clesar them the 11111 tide aM nap yard rwrew l stated in the temfnt 0r41106014e; The teA %61 lfnea• es used to l this arstomM shall most the division lira of emir Show tat op Well of iwl Walk 411reuwerilo u and within the sit&" plat. t. Lot Ito" shell be a4ogq only by roswidividies or reelatttopto too wnaar OMIdw by the Suadfrfolen Aeta11110"O in AW41e 13.03 of AooWla A to go Cede of ONinaeaot. 3, hewn 4 tract op 04ml of land i1 resuadlvidN If rglmode &V ad oil addltfemel rf tl of i 1o way And eaewnb which are do w 1Menesry by the pla"I" fed tales Comillen 1411 be dediaW by tha WHO MdOVidlog K replattfog tha 144 the 14" is if ft trtH as, Nno1 we befog eritineliy i"vildad. 1. 40 let K treat sheeat M the attMN plat 1411 be 1fMW N sin stiwwpe all retnNleps of iln an fselleaW ON t% plate uatil suit Is RrrMer pl4tW wflhfe tin dallnutN area ohm M 161 04e100d 014/o W 4616 1116 plot 0411 Mar All P"WW beildtes ailing twildfes set had Ifat I'm and Ifreet ad uuttint OF""11of all rtflithe Itrut, Way ud aorta pfON M wage u1 nM Wra. wade daNdamsho to tin Cfty N all nuMd ItrN7eg Il Id WO car aesomm" M win amI W on tM we 110114111 of Me Wag of all Oil"" ab"Ime No pm a vo W A$ww of oil sm" themut n say be r"fred Ir the Illpmog W tomes Cembaton, 1ud plat shell te°liled of reMfd alai NM the 1441 plot attached henta um ita &"Mel by the pl4rrelog heed Woo Cowelloo. I 4-2 i y r i } OApINAlrtt YO. 69.11 (ContlnUN) 1411dinq paraits will only bd Mule for two seta snawi an the detailed plat a bv1141n, anal within t% sot back Ilnee. t. YNan a tract or papal of land is rqubdlvlddd or pltttsd as daacribed to tit pa►straph aMw, awry an4 all additional HINU of way and 4810"ta ryulred or deamed n4CHSary by the PIMelnp and tonlnp Catelllion %hall be dedlcetad by tea paean i rHWdividlnt or plattlfM loot, is it the bait of papal ware Mlnf oMplnolty aubdlvidw. 6. All provialdns of WIPMws sae. 61.01 (tonint Ordinance) of ton City of Dontod atoll apply ss tar property within tha atticrad plat to peMt ton sonlnd ess! indicated thereon, by shadiaf or othirwis4, Md M do" MotrktloM ISM floss foww to 440 suds use I district aMll 10011, or sill aq ether on MIA thoss Mrsitted by j the rnpeative mnlnp 111trict be Nfmtted within the seed so desltnatee a this attwed plat, son this mint district anon a4 defined shill j "I be Chanted axe"t by W""" of thf$ dMinMdp. A plats" N, i replattinlp of My am shall not affect tM Out Muted wlMte the Mpedtiv{,distrfets Sh" M the studied plat. 1. All ton strestte sallsoiati, alleyt and rights of *ay I inNcatrd de the attMhad plat have base preMrly dedtaated, or, are ! nee MrtMr dtdice"d• Id fed City of DOW$ red tM song an Mreby ~l UMild y said Clty for prA11d Parma, d. All stride shall be Need a rprlydd y !fed FUMisy and UNI" CeMgiM prior to the Ias"M M &V bnildlM Went$ and 111 w" atoll be 60 "M A me M ton apedflettiles on 1114 to ib #M1e$ of Cdavemitj ooveleillbIMv and wow its direct IMpictIM aM wilrrista. TM 04vial wfdM rigid the designated 1~ rights I N rely chess M a re1NrN b ton o1►d0ttr of Ctalawlty Oevelepwe, prwdpd "1 IM revel at"devde for we be fellwade 1. All @maiw of the Ctti M OnMe aM low of ton ttdtA N Tatra $bell be "toiled wia@ Old all ro"IMM loud E ! ton t"Volh4 N prwm art mr* aprdaly aide aglleeble hereb. lo. its 11imal Waidt or derMllaa of daawtaw will be awed WMI ion pa t1wo wMM" stated MMI Mw welt 0"1144 With, ~ 11, fed follalM bwildlM and M Mtrtttiea IMll 4001y 4-3 i MINA10 140. 41-33 (C4n1ieuod) to all late doligeAW far tingle /Idly Meldaetitl we only 4n 04 attioad plat, and wo 11411 U Included is load reltrictlons on 14th 1416, Alan With any DOOM iMOS04 by the developer ConH6tant with the intent ner4N, And 110 all 4901144ble laws sew or4lnAna/1 . gravid" that Oa following MOtricllono art domed 4lnlmal only, And any gn4tOf reltrltsion took by "a dewloo4r Ahill Prev4111 towit, A. All lots in the 'ttngl• fdally' dollpatod Ana wlthln the Attached Plat 0411 be wed for 11n11e lath resldeasisl Purvolos Only, tonstrwated Olen tWMI foundations, with linglo 9Art"$ or canons attached, and Am$$ rYy outewildlnfle for single family use - onlyl revised, home, Oat dw11s or triple garages my be dst ood frog is MAId"eo but IN411 Mat N claeer OM 100 feet to the front lot Ilri 1. % residential ltrii shall be erected or placed on 4"y of tiro lots in tam Meldentlel and Novi" lose Nut 1200 Hush het of floor 1P4446 e.dludtw of 94rw and wood. C. % butlNng Mall be Imbed nearer tad 0eht foot to Iny 1141 lot 1114 not, Meer tau" thirty-few feet /non z fire" Property line, reef "suer than 11 file to ay side lu"t I1nes pie tr1M, business of cmmn141 activity thall N tafrlld ae of taeslld uMrt A" 144 11 sus 41161041104 srw nor Mall Anything be done Oidrea Mid so bec" M Moog" of "is" to ether 0."1"1 is I% let awed. ;a. (rater and lamp w"stions shall N ab at the or"" Sine. fo ISO dick"o I41114" or sew fools, con, mottle, help or begat hone or wri or am Door Ilm"d if any cleesifiusion t11a11 ewr be tot K MMtted an say lot of lots in too era. g. rat trelior or tm"M" Reuters 11411 user be plead uses AV let fit Iwo at" or we" as a neiaMw Is twh aril, h. N" se""M are % rye via tlq iW Pita 6htt) bo bIrmsg a tM aril lot eulnras their SwwaM of 01 Mira Oaeetplse ed.leiltMN" W feel gM M 1 Peeled of to yeeM frees fePhttMr 21. 11N. a~tlnNt0Mg iMti1 INYMOr 2tr 1971 tnelwlw, at whip Usr 601h aavenaap am 11 be outwtlallrr b-teladtd for $~0ve "Moo of to yMlrgro URIeH by f »p of "=`11V of tZ go Is mom 14 e the dears. tM 111. itle "reed N dop fald eMeMt$ 1. If any amts, of lot or pep IN old dalgnatw Area or t#Hr heiM or m evssMMlho 41 aamlaalaMfdtAM Iviolate IM 1 be Iaai W owos or P f~► gM p pM~latw wtt a~q /Mee~NilrlM~l,e1i tar es, idltw aM1144 cure 1 } rtellpM es, et 11141 NO11pr! M ui/ a Ind to NMts, Inwnt his Or thn fn" so 4844110 or p feetwr dtopa M soslb vielatlas. F _ owl ~r 1111i1111i eiMnafN Nflftt &V few M'M$IM1~ 11411004 1011" 1"11 mail to hl1 Mad W ft dtwdr a fr Mwiew of the iW dpMIN it 04 attached Plat, M are IN ewldnatla of tM ifatlM by tart ciar C4"I of this Ming cla6d1f1ut1a a the Slid /fqusArI dud htfeiy bind 4-4 I I I - - - - ~ ----r-ter -T- d y1I s 1 I y CADIURC1 40. so., ctonetnued) Its4lf1 its sueassen, ""'tan, 4b11n11er4ton and usftnt to fully cogly With all of the ale" utcrlbw tone and conditt" for the use of laid IanO n loot is this orNmmot shall mumeln in effect, and the gild developer and/or 040 unN"tang shat rlthprt full ant us tegaeleto COMIIM" on hII Dart AM the 1401 torn uN CeM1t10" abed persisted herein end ho"by rend atherwlgd be onhlbitsd under the ioetnl ONlneneo Of the City of Dmtm, 4M In order to geture this Amidnat to the latnl no to void 10th was of the Aforesaid land, does herby comma that it Will folly and co"letely cosily With IN terse And conNiiens 4Nih Mott"", that this cove "t Mall run with r the lend, and Mall be bledtnl um itself, Ito Seen, suegsson, execute", A/eiftlltntm and! "strip that wpm breah Of this co"Wil this plam" Odal*Pmt 1110141 repo, at this City Cowell$ discretion to aeo null a1 veld low tMmya sail property shalt once root boom tuytet to the relaiatimt 10011"114 to ormrq in 04 'A' • Atrtalirrol 1404 01strfet wder the torn OI tM soiree. Orel "am of the City of 0400 Idtfeet my rfot a tm tort of Itoelf, lu hefn, vamsers, usenme erfeist"tpt Or ;satins to Continuo divelopsut of said promm as planed. s iLiLim.lj,~ Nil the City Caned of tM City of Dontm, re4u, herby ffn41s Wt /wA ►lawd Dowlepeeat District is In aecerdmes with a of fs pla h► ass Wise" of prWIlAii the PROP11 WHOM lp t city a ooetas, rams aid via reNaMla "Mfgntfa, went o sow soS slap, IN as drsoter of as dal ad for its 00alfar of as hossom mW bullm"I 14 ow ff l+m1fer wet ml via o vvlw to emsen AN ttse Vila: a 3 tk a X11 ~ Ot 1W M tha o AIM lives 1101JI1and o rhd afs ONiww shell be in fill tw o W of" fflommOMly 4"m Its iss"Otl mlbl~ ""Ml, one rrwitN nplullie h04r. be" hold :Toil tt~tYit it ai C IV OontpMli,M1i1;ni/Mril1H fi1on IfM. PUM AN NP1101 this tAO UN w N 14pi Owl 1, 0., 4 Cm OF Oprb, TQA{ Alms i CITY OF 2W. WAS A/MI" A$ TO heir, JIM 4-5 i a ti ATTACHMENT 5 1973 SITE PLAN t; .~iJ ~..^!'4 { 7/77 7 % / i , •f ~ Giro w /r 0-s!: a 1,, w C1 I z 7 U` o. .rte . Yl CIL I ` If -N it, I 1 i i H •o sv'itvo ahr ss uras.uti~ it I I - - _ - :.T~ - - _Z7 r ~ ATTACHMENT 6 Previously Submitt j II I~ Detail Plar a i I I~ I S s I !!j I I I~ I\ II i l I I ~ I 1177# . ~ III ~ 1 s x _ i j Jill 711 IIcjlbll I~ e a ~ !I a ~ I i ff i I ~ ~ ~ IIp~Iht~ 1 1~ 6-1 a Y 1 J 1 ATTACHMENT 7 MINUTES Planning and Zoning Commission May 10, 1989 d The regular meeting of the Planning and Zoning Commission of the 1 City of Denton, Texas was held on Wednesda/, May 10, 1989 at 5:00 p.m. In the Council Chamber of the Municipal Building. Present: Euline Brock, Jim Engeibrecht, Ivan Glasscock, Judd Holt, William Kamman, and Etha Kiker Absent: Fran Morgan i Present from Staff: Frank Robbins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Cecile Carscn, Urban Planner; Joe Morris, Assistant City Attorney, Jerry ,lark, City Engineer; Lae Allison, Senior Civil Engineer; Renee Baker, Civil Engineer; Owen Yost, Urban Planner; and Olivia Carson, Clerk-Typist Chairman Brock called the meeting to order I. PUBLIC HEARINGS h A. Z-88-0-,1, Hold a public hoaring and consider the petiti-.n of Pep Boys of California, :nc. requesting approval of a detailed plan in an existing Planned Development District (PD-8). The property is located on I-35E in San Jacinto Plaza Shopping Center adjacent to Wolfe's Nursery. 15 property owners were notified within 200 feet; one reply form was received in favor, four in opposition, and six letters were received in opposition from persons not on the mailing list. t 5TAFF REPORT: Ms. Carscn stated that the Pep Boys request is in a portion of PD-8 which was originally zoned in 1989. Amendments through the yeArs have included the Golden Triangle Mall. The Planning and j Zoning Commission recommended denial of a detail plan for Pep Boys in October of 1988 The request was later withdrawn from the City Council agenda. The current proposal contains a number of significant changes. The positioning of the Pep Boys building has been relocated to front I-35. The area in back will be grass with an eight foot concrete wall. Parking will be on the south side of the building with service road frontage. The plan conforms to City of Denton requirements. Internal circulation is improved over the current circulation around Wolfe's ~;ursery. More trees are being provided than are required by the Landscaping Ordinance, Signs will be required to conform to the new sign ordinance. 7-1 , . t Y The front area of the building is screened from I-35 by a retaining wall. Staff has some concerns because of the residential units backing up to Pep Boys which are in a low intensity area. PETITIONER: Al Meloro, Director of site development for Pep Boys, stated that the people originally handling the { case are no longer with Pep Boys. Pep Boys has met the items required by the-City and has met with the neighbors and addressed their concerns. The back yard of Pep Boys is screened from the residents by trees. Pep Boys realizes that the neighbors are concerned that their homes will lose value by being next to a commercial business and wants the two parties to live together and minimize problems. Pep Boys has met with the homeowners I and talked about lighting, noise, traffic, etc. Noise will be towards the highway, internal traffic will be safe, trash dumpsters will be in front, and landscaping C will be across the rear and in front, Pep Boys wi 1 1, maintain the landscaping. All of the City's concerns- have been addressed. Pep Boys will be a good neighbor and Denton needs the business. Pep Boys is a leader in the automotive industry in Dallas. We are proud of our service. our employees are well trained and our buildings are kept nice. + Ms. Bruck asked what Pep Boys does. Mr. Meloro said that Pep Boys has been in business since 1921. They have 250 stores coast to coast which sell retail items related to the automotive industry. Service centers have 10 bays which are used to install the items 1 sold by Pap Boys and to do light engine repair. Auto body work, engine and transmission removal, disassembly of parts is not done. Any parts removed from automobiles will be kept inside the store. Each store employs up to 30 people with 12-16 employees at the store at any one time. There will not be an unsightly parking lot with used vehicles. Sunday hours are 9-6. f Mr. Molt asked if any work will be done outside the building. Mr. Meloro said no, maybe a jump start. Insurance does not cover work outside the building. Pep boys wants to do this project right. There will be landscaping and retaining walls. It will be an asset to the community and create ,jobs. They are good high paying ,jobs. Pep Boys has the backing of civic groups throughout the USA. Ms. Brock asked if Pep Boys installs mufflers. Mr. Meloro said yes. 7-2 5 C i i i Ms. Brock asked what would happen if she went to Pep Boys and said her car was making a noise. Mr. Meloro said that they would look at the car and make a recommendation. Ms. Brock asked what would be done if the problem was the engine. Mr. Meloro said that if it was light duty work, they would work on it but they do not remove engines from ' automobiles. Ms. Brock asked what the difference is between installers and technicians. Mr. Meloro said that technicians are mechanics. Installers put in batteries and tires. The word) mechanics is no longer used. Technicians are cortified.1 4 Pep Boys offers many benefits and our service people areE trained and are proud to work for us. Our business is~ needed. We give trained personal service. Mr. Glasscock asked how many employees would be at the store. Mr. Meloro answered that there are two shifts and 12-16 employees would be on duty at a given time. Mr. Holt asked what is done with old tires and batteries. Mr. Meloro said that they are kept inside. There are about 600 customers a day. That may sound high but fast l food generates 1300-1800 customers per day. Ms. Brock asked about signs for Pep Boys. Mr. Meloro showed the Commission a picture of a Pep Boys sign. Ms. Brock said that the only Pep Boys store she has actually seen was visible from miles. It had big signs and flags. Mr. Meloro said that the flags are done for grand openings. Permits are requested from the City. The pylon sign will be within City standards. Ms. Brock asked if the three men will placed on site. Mr. Meloro said yes if the City will allow them. Mr. Holt asked what kind of trees will be planted. 7-3 i 1 i y Mr. Meloro answered oaks and evergreens will be planted to meet City requirements. Ms. Brock asked if the project had been discussed with Wolfe's Nursery. Mr. Meloro said no. _ Ms. Brock said that the manager of Wolfe's had expressed concern about the parking problem and the fact that '111 Wolfe's has to pump in their water, I Mr. Meloro said that Pep Boys will have 12 parking spaces. Mr. Glasscock asked if the proposal is similar to the one on Park Lane in Dallas. Mr. Meloro said yes. IN FAVOR: George WeatheralI, Henry S. Miller Co., stated that he is here on behalf of the property owner. The Henry S. Miller Co. has been in the process since the original submittal in October of 1988. They have met with the homeowners to work out their objections and have solved them. The building is smaller and the bays face I-35. There will be an eight foot masonry wall for screening and trees will be planted exceeding the requirements of the landscape plan. There will be no access in the back of the building. The dumpster will be in the front. We have been considerate of the homeowners' concerns in planning this project. It will be self-sufficient. It meets the requirements for zoning. A wall will be erected by San Jacinto Plaza. The property is potentially zoned for fast food which would generate much more traffic. We own adjacent property and we are doing everything to generate traffic to this area. The new mall ir,LewisviIle may hurt Denton and this national retailer is a good investment, We have gone to the expense and time to be good neighbors and we j request approval of this detailed plan. Don Warren, stated that he lives on 01mos Creek in the Township II area. He said that he has not attended other meetings but has bei.n informed through correspondence. He does not know the Pep Boys people, but it is a commercial property and it seems that the people hatie tried to satisfy the homeowners's concerns and to accommodate them. He said that he Is not for or against the project but he has always known that the land was commercial and Pep Boys has tried hard, They will be an asset to the community. Mr. Holt asked which came first, Township 11 or the mall. 7-4 P t j 4 f Mr. Warren answered that Township II was in place six years before the mall was built, but signs were posted advising that the property would be developed as general retail. David Dunning, Henry S. Miller Co,, stated that they have owned the land for 15 years. The mall started s1cw. Township II was slow developing. The developers had gone broke, It was purchased by his company. Target was the first to be developed, then the office building and then Mervyns, which has not been very successful. There and have been complaints about that. Wolfe's was developed next. Henry S. Miller has stuck out the problems, paid taxes and done the best they could. They have cooperated I with the neighbors on the streeC closing. The site is I question was purchased based on the zoning and taxes have f been paid. They have cooperated with the City. This site wiil have more landscaping than others around the mall. There is not a great traffic problem in this area and fast food would generate much more traffic. They 1 could have tried to develop a multi-story building which would probably would not be desirable .o the homeowners. Restaurants are also open longer hours. Denton is going J to need retail tenants because of the Lewisville mall which will hurt Denton. Denton will be in competition with that mall. Pep Boys is a good use for the site and the price has been lowered to help offset the cost to Pep ; Boys. Henry S. Miller is the biggest investment around { the mall and we want Denton to stay strong. This plan is an improvement. Jim Makins, stated that he is a broker for Henry S. Miller and is in favor of the proposal. No other retailer would have spent as much time and money as Pep Boys to help blend with the local homeowners. This has been an outstanding effort. f 1 OPPOSED: Royce Weddle, 1512 San Gabriel, stated that is f ? home is behind and to the left of the site. He is f i president of the home owners association and a resident of the neighborhood. The homeowners left their gobs early to come to the meeting and participate. They have met with Pep Boys and are impressed with the changes. They applaud the efforts but stilt do not want a garage in their neighborhood and backyards. They do not object to a business, gust this kind, and are not sure about how much noise there would be, If there is too much, it will be too late by the time they find out. There will be a lot of cars, 1200 trips a day is high when Wolfe's does such good business. Everyone has to exit out the frontage road. There are about 20 auto businesses within a mile. The area is zoned retail/office and Pep Boys is neither. This type of use would not be allowed in other 7-5 1 T-W cities and they are concerned about Dallas Drive accidents. Hai Williamson, 1212 Rio Grande, said that he is vice- president of the homeowners' association, They are requesting denial on the basis of the traffic increase on the service road, He said that he is speaking not only for Township II but as a Denton resident, There are lots of accidents on Dallas Drive. The City's hands are tied until the State makes I-35 six lanes, There have been 28 accidents from January 1, 1989 to date on Dallas Drive. Thirteen were injury accidents but no deaths occurred. Most of these accidents were at the frontage road entrance. Traffic from Loop 288 and the mall must stop on the frontage road at Dallas Drive. They have the choice of going right, crossing the street, or turning left. That is the basis of this complaint. He stated that he does not see a temporary solution an4 citizens don't want to see 600 more cars crossing th* street at that location. The Commission examined copies of the accident reports, i Mary O'Sullivan, 2205 Guadalupe Place, stated that she is the owner of the airport shuttle and a member of the Chamber of Commerce. She said #,hat the original plat for the Golden Triangle Malt was iot for a major regional mail. It was for a shopping certer. She added that she was president of the homeowner's association for four years and has worked with Henry S. Miller. Mr. Holt asked if the houses were built before the mall, Ms. O'Sullivan said that 75-80 houses were built before the mall. The ones in back of Pep Boys were some of those that had already been built. A man in the audience said that the houses were built in y. 1879 by Jo Storer. A. L. Beevers, 1516 San Gabriel, pointed out that the developers first said that the trees they are going to plant would be evergreen, then they said oaks. They have not agreed. The left turn lane in front of Wolfe's does not allow more than 7 or a cars. After that, the cars begin backing up along Dallas Drive. Harold Harkins, 1405 Sandy Creek, questioned whether Henry S. Miller could have owned property in Township It for 15 years, He said that he purchased his property from someone else. He asked who will look after the landscaped areas at the Pep Boys site. The City had claimed responsibility for it earlier. 7-6 II k ~ i L t L i r Mr. WeatheralI said that the City owns an easement at the rear of the property. Mr, Harkins explained that fences would have to be removed and the area could become mosquito infested. Billie Harkins, 1405 Sandy Creek, said that she did not buy her property from Henry S. Miller. It was purchased from a man in Dallas. She said that she moved to Denton instead of Kerrville and does not know why since she has to fight. She said that before she purchased the property she parked her car to listen to the noise in the area. She could hear the freeway once in a while but now there are dumpsters at Mervyns and other noises from the mall. The proposed wall behind Pep Boys will block the breeze to the adjacent properties and will devalue the properties by 10 percent. She said that she objects to the plan, j Craig Curry stated that they had purchased vacant land j and some surplus lots. They mainly own commercial land and are not in the residential business. They were required to buy the extra land with their deal and they later sold it to a residential builder. Mr. Curry said i until this evening they had thought they owned commercial land, Ms, Harkins said that when they bought their land they though the site in question was zoned retail. Ms. Carson said that the site is zoned PD-6. This PO was approved for land uses including residential multi- family, cluster, and retail/office land uses, Some of these uses are not in the ordinance but the PD allows flexible use. As each parcel develops, a detailed plan is required. In 1986, the PD ordinance was passed requiring detailed plans that include ingress, egress, etc. Land use is examined at that time. Michael's was approved a year ago. Pep Boys feels that they fall in retail/office use. There is an easement with a waterline on the property. The City will not maintain the easement I or trees. The developer is responsible. The trees will not interfere the with the water line. City requirements for signs must be met. The trees indicated on the plan are Shumar Oak which is not an evergreen. If the Commission approves the request, you can decide if you want to require evergreen. Staff recommends approval with the following condition: The lighting in the parking lot shall be limited to a maximum mounting height of 25', use maximum 100 watt high sodium lights, shall be Type 21 3, or 4 cutoff street light, and lights shall be directed away from the abutting residential properties. 7-7 milli g F + 4 Ms. Kiker asked about traffic control. Ms. Carson replied that the only curb cut in front of the store would be eliminated, so there will be less traffic into the shopping center. Ms. Carson showed the Commission a portion of the schedule of uses concerning automotive industries from ,a the Denton Zoning Ordinance. She said that my of these uses could be allowed in the PD. t Mr. Clark stated that the road in front of Wolfe's and Pep Boys is private. The service road is a public street. The City has asked that the entrance be moved j back to keep the intersection of the private road and 1 the service road away froin the intersection of the service road at Dallas Drive. l Ms. Kiker said that there has been a high incidence of accidents on Dallas Drive. She asked what will bd changed. Mr. Clark said that the City has been working with the v State. The State will be adding a median and they are going to fi11 in a portion of a lane on Dallas Drive with jiggle bars. It is not a permanent solution but it will help to have only one lane coming off of I-35. Helga Williamson, 1212 Rio Grande, stated that she was involved in an accident that totaled her 1962 Thunderbird. She is here by the grace of God. Mr. Clark said that the problem is being worked on. There have been 28 accidents, three in the last 16-18 months. The State has the ultimate plans for ' improvements which will eventually occur regardless of who builds in the area. I Ms. Brock agreed that one lane of traffic will help. People don't reduce their speed coming on to Dal 1as Drive and the people that are crossing the road don't stop or realize how fast the traffic is moving. She asked about parking on the private road. Mr. Clark said that staff recommends a no parking sign and center stripe, plus 2-way traffic signs to make it clear that no parking is allowed. The retail center cannot be held responsible for the needs of adjacent businesses. He said that the City did a traffic count and the highest count at noon was 350 vehicles. There would probably be 600 at peak hour. Mr. Meloro said that Pep Boys has about 600 customers 7-8 i j e . per day, which would be a total of 1200 in and out trips. Mr. Engelt-t-ht asked if there are plans to make the service ~c ' a two-way street. Mr. Cla n saic no, but it will be safer once it is no longer a crossing. The trend is to make service roads one-way and not two. Mervyns tried to have the road designated two-way and failed. Two-way traffic would aggravate the problem and require a signal for which it would be impossible to stop. Mr. Engelbrecht asked what kind of vegetation will be planted. I Ms. Carson said that the landscape plan shows Shumar Oak and Bermuda Brass. Mr, Engelbrecht said that evergreens would mask tht 1 f building all year long, 3 Ms. Carson said that there has been some discussion about that. Mr. Engelbrecht asked if the sign could be over 10 feel, in height. Ms. Carson said yes but it would have to be non- illuminated. Staff recommends that Pep Boys conform to City ordinances or ask the Commission for special permission for a sign. A sign such as the current San h Jacinto sign would be allowed. One like Wolfe's would not. They can put up a wall or projecting signs on the building but no illumination will be allowed. A free standing ground sign could be ? in height measured from the service road. Me. Brock asked if the commission can attach a condition to the plan about the sign that is non-conforming to the sign ordinance. Ms. Carson answered yes. Mr. Holt asked about drainage, Ms. Carson said that it is diverted towards Mervyns and the access area. There are culverts around Mervyns, Ms. Harkins said that the drainage does affect the neighborhood. It floods on Angelina Bend. Mr, Clark said that drainage was done as a part of Mervyns. If there are problems the City can do research. Ditches may need maintenance. The Drainage is designed 7-9 as part of the San Jacinto project. They went through platting and the review process. The proposed project would not be a significant addition to flooding and reasons for flooding can be investigated. Mr, Engelbrecht asked about the intensity of the area. Ms, Carson said the average i;9 350 trips per gross acre. The site is not quite two acres. Mr. Engelbrecht asked if a masonry wall means a concrete block wall. Ms, Carson said that a pre-cast concrete wall has been indicated. A fencing permit will be required to insure conformance to the detail plan. The wall will abut existing fences or they can be removed. REBUTTAL; Mr. Weatherall stated that Pep Boys conforms to uses allowed in straight zoning except for muffler, repair. Pep Boys is willing to eliminate that service.. He said that he is unsure about Shumar Oaks but the intent is to provide an evergreen screen or whatever would be the best screening. Pep Boys will comply with the sign ordinance and is willing to cooperate. Their history shows that they try to cooperate. Mr. Meloro said that they care and would not go through this trouble if they didn't. People don't like changes. They haven't had anything on that site but it is zoned for Pep Boys and sometimes change is necessary. It will boost employment and is recession proof. When times are bad people keep old vehicles and care for them. In good times, they take care of their new autos. There are traffic improvements occurring in the area, If mufflers are a problem, they will not install them. A drainage review is required by the City and they will work on the no parking signs. He added that they are willing to go ' the extra mile and will benefit the City Mr. Engelbrecht asked if they would be willing to make the masonry wall with material besides concrete. Mr. Meloro said that it is articulated concrete with a design. Mr. Engelbrecht asked If they were willing to live with a sign consistent to the current San Jacinto sign. i Mr. Meloro said that a sign is important to a retailer as an identifier and entrance marker. A sign must be legible. If traffic goes 50 mph, it must be comprehendible and safe so people won't stare. If the sign is to low or too small it is a safety hazard. 7-10 J People tend to stare until they comprehend. Even if they are familiar with a sign, people look at them anyway. He said that they would work with the City. They want to meet requirements but must have a readable sign. Mr. Curry stated that the property for Wolfe's Nursery was purchased from them. They have an agreement about the access and it cannot be closed. He said that they have not had this many problems with other development around the mall. There are a lot of higher traffic uses that could be pout on the site and they have tried to be cooperative. Chair declared public hearing closed. QISCUSSION AND DECISION: Ms. Brock stated that Pep Boys will have some of the advantages of Blockbuster Video in that the signs on the side of their buildings can be seen from miles away and are easily identifiable. A large pylon sign will not be necessary. Mr. Engelbrecht said that a 40 foot sign detracts frorp the purpose of putting landscaping and would deteriorate from the appearance of San Jacinto Plaza. Mr. Holt said that this development is different from Target because people are living close by. The situation exists where there is residential zoning on one side and commercial zoning on the other. It cannot be changed and both are legal. Any such situation is a problem. Anyone knew or should have known that the area was goirg to be commercial. He said that he knew for years, Some who bought there before 1969 may not have known but anytime you have a major highway there will be commercial uses along it. A restaurant is possible at this site and that would also present a problem. It could also be a bowling alley or theater. Anything that will generate traffic is going to be a problem. If Pep Boys does not go in, it could be'esomething worse. Mr. Holt added that he personally would have changed the whole area to lower the intensity but it has been inherited this way. Pep Boys has made changes. The first proposal was unacceptable. He said that Mr. Royce Weddle hit it on the head when he said garage. A restaurant would be worse but this use is objectionable because it is a garage. Pep Boys has tried to find way s to reduce the i noise. All would agree that they don't want something in there but something will go in and this is designed as well as possible. There is also a real point about the Lewisville mall coming in and detracting from Denton businesses. He said that he is not a fan of malls but is not a fan of malls with vacancies either. These people purchased the property knowing that they could put something there and something will go) in. He said that 7-11 I i I s ~ with reluctance he moves to recommend approval with the stipulation or recommendation that the trees be evergreen. Ms. Brock asked whether he also meant to include the staff recommendations about lighting and screening. Mr. Holt said yes. Ms. Kiker seconded the motion. Ms. Brock said that she wants to add a condition about eliminating parking and Adding a center stripe along the private road but is not sure it is necessary. They could ` work with staff to make the road a workable two-way j street. Mr. Robbins said that he would prefer that she add a condition. t { Ms. Carson said that there is some evidence that the road I, is a fire lane. It could be marked as such and tickets issued for parking, Ms. Brock moved to amend the motion with the condition that the private access road be desigreted as a fire lane to eliminate parking. Seconded by Mr. Holt and unanimously carried (6-0). Bullitt Lowry, 1500 Angelina Send, asked if the twenty l I percent rule applies. Ms. Carson stated that it applies to City Council actions and that not enough notices have been received. Mr. Engelbrecht moved to amend the motion with the condition that a detached sign be non-illuminated and no higher or greater in square footage than the San Jacinto Plata sign. Seconded by Ms. Brock. Mr. Molt said that the proposed amendment is stiffer than requirements. A large sign could not P- 'lluminated and onsi that are under 10 feet can be. , t is under 10 1 feet it needs to be and that would be acceptable anywhere else in town. Motion failed due to a tie vote. Me. Kiker, Mr. Kamman, and Mr. Holt voted no. E Mr. Engelbrecht moved to amend the motion with the ccndition that the detached sign be no higher than the j present San Jacinto sign and that all other sign fE ordinance requirements be met. Seconded by Ms. Brock. 7-11 Y }p} 'C i Ms. Carson said that the current San Jacinto Plaza sign is 15 feet high with 15o square feet. Mr. Engelbrecht said that the sign should be in keeping with San Jacinto as opposed to a 40 foot non-illuminated sign. Mr. Meloro said that they do not want a 40 foot sign, Motion carried unanimously (6-0). Mr. hamman agreed that the big problem is that the proposed use is a garage which inspires visions of tires, batteries, and noise. Pep Boys has tried to solve these problems. He said that he would prefer that the business closed at six p.m. i Ms. Brock said that it is opan until nine. Mr. Glasscock said that he has been to a few Pep Boyiq centers and it appears that they run a first clasp operation. Motion was called and carried unanimously (6-0). f I i i j I 7-13 L J i ATTACHMENT 8 s j NOISE STUDY x Nnl~...W Pew/. L1 rn 1/l l,.g1F/YMt ~i n 4w►b/a wuuMnu/life $ . /78/41./ OJ _ it Jaonaty Nth D i U N Mt, Sman Meld Jnnkear i GUchrlst 1115 Rote Avenue ; Suite 3200 Was, Tests 73202. 7711 Ra, Pop Boys Site.Denten, Teets = x ~ H Dear Sun0. N N At requested in our phone eomautbo of Jeauuy 10, 119e, I have "viewed the plansfa the pop boys proloct (dated 4.30.11), and the draft H end f 1na1 o ol" tl udis t submitted by glo ky Nor o (toted 10-14-15 end ~i 10•IL1q, Deist on my indenlendin{d the ella plan, tho owroundlol s-. Z tandhloni Including the ekveted 1.3), and the motto levels from field tests, lhs following observations are presented and may be helpful reguding notes Impacts on the ad)oaol taldeores. Nd)f 8edi!4t3op 9bJaSlvll: It would teem that an achievable goal would be to "dot the sdbleot noise levek at the bate properly time by 3 to 10 dedbets lot etIsUct bighwty noise Woulb the add KM of the Wit vslt and the ern plaelbgt, and to gait peak new W" Wets to below 63 dWbrls through o, treating the uwces In addition to the Wit wall and pestling bufferl. Dy so dotal the final Woo cooditloel would be no worse Wa the present coadltkns end mybt JA fad be somovhet Improved. + kWImm There tee two sources of motto to contend witk- the stablest sole source vW tssaln the trdfkon 1.33. The inlerslleot peak alto sourafa ttlti be the lar•rhiftlag trucks oa the elevated highway, and the now pep Days auto servicing kids from lnalds the shop tranfmllted through the open time la a touthaatter(y dkt0 kc. It Is probable that the Impact of the pap boys ebop e noise rW N Nast ttot)oeabN whet tha htshvay )s busy and tM anbNot noise N Is wettest and coneetstty the shop oven will sees most oWwobl* when the • bighvay treffk N lighter sod the smbleat or badcgrotrnd notes Is the Intel, pet•lupa st siddey darlag the vnk ar ea solurday. The eduel dedbst irvels I fa the Inter m1W W Nall may W qte tense Aug wlY Lr petulvsd gvl4 C~ dtlfaeotiy, of y i N ~ F r e-1 t - or *OW lt t ~ q I O ,es, X N 4 l~pi,AfQugLmrJ$91sS The recommendations of the KimleyHorn study 2 to seem to emphuite the basic slope needed to try lo diminish the coin impacts 0 on the cesidetUal properties. However there are sevecal other measuras or degrees of mlthation which might be considered. I-Malil,yt -UJIM the first suggestion le probably not feasible at this point In the project but , would be the Mott effective in reducing she source noise. If the doss to the shops faced the service road o ad 1 ,35, the shop tools and w equipment would all hartaiesslyface away from the residences, ~~11 j,Jltetoea W14olse thl,S4lltpt; Assuming that the orleaUtion remains the Y same the best wry todimir.16 the shop noise would be to install noise abstwplIve wall and ceilla 1 panels around filed equipment such it the comptasaor, end peovide round absorptive muvoablo latent to be used In areu where loud loots are being used. Isis Also suggested that sound Jampeaiall 0 putt be placed loth, ceiling near Wit tatensive srtss W pteveat r~ ; toverbetstioo between floor And telling Inside the shop area 3, IN oleo Wet The bmad Impataal oonelderetion would be tolncrease the height of the Wood-Crete noise wall from 6 feet to I feet, end to estend Its length along the property ties, st the end or Marvyn's. The added height to the , wa8 would serve to further reduce the shop nnise vansmilted and vould el so uafsl in dimWsbMy the Ambient and peat highway trdss. The added length of + the wall along the bect of the parking specs at the southeast property line w%ld help dam a crMod Wise gip behind Mervyn's which would aged I eedt!"cof to the sari of the site. the attached sketches indicate the offers of a higher wall Is seet'.on and the "or well In p4ei ?1 ! gati.l1M NAltlpmtLLAnil UNAWipt Thepeet noise tents an also ht d~I ._11 reduced through opanUoet mansgemeat at suggested is the Umley -Horn study by roquklag that shop doors be closed It sppnpelal0 ""of List day aced vest. Pa eestspItoa wwok day ova"$ alter 7pts, a nn weakeada + j during bvurs wheo abutters maybe U their yards, rdoring shop doors both when wort to bring dome and not being darts will redesa Soot and eQulpmeM sound Welt. It miry also be httpfal at all Umee to keep as massy doors doped trots the It #A of she site to the front of the site to keep the source win as far Away from the residences as pomibk, No Imptim alwsys fling bays elating I vhh No,< asd vat lag farads No.! 2. o N 3.Wool. llY " It t mote, dsmpealag effed d trine is alveyt dgricult to si untlfy. apeadiaa om the type of trte, pnforably far density and foflsted ~ yeer•toared, a was as the sp" which should be without gape, u actald cedt alma of I to 3 decibels mey be anhleYable. I he p o"W K the mitt fur o t I 8-2 If t I l I I q 1 l 1 } x closely spaced weryreaas would prrAabty help prlaarily with the nduNan of ambient biahwty odor u well to providina an Impartsol pri"odial Screen by vl+udy IedaUnd"err"rig and new miss sourcaa. It Is hoped Shat Soma or these oblorvaalom maybe useful to you, your cUeats j and tee abuttbry residents is %a ongoing dlalcque. Comments an bared oo on aeerrtmeot d elperknoes a an arcblted and planner on a variety of Wwey, trauh lend drporl ad" StvdkS and dooku. Please let me Yoov Y I no ba e< Iurmef aaetaaaa. No Pe Ily, ~w Charles A.Nenll Architect and Planner :j is i ~ • f ~ + I I e u rh I 8-3 G FFF a Y ypypyp i . ~'DiQY4 NO, 6~ ><rrI . ALT - x u t\' / ,IA I S'-0' RICH CONC. /ENCE t mw. - TRA.NSSOn,JEi~ PAD ASIAN JASMI I ;pi II -DPMKSTF L}NCSCAPt 0 f 1 N ENCLOSI RE ~j--p AL ACES P 7 f ICAL ` it-1o• -o•f o• ^a'-o' o• 1 '1401 + MERVIH S CEP f11E1 s- - tl I / ~ HANDICAP RAMP VON ' N/ ITI Ce t ~ASA AV^E IMF,& L I A KIM. ` v I ~ i i 8-4 I low 1 i 1 C ,r F 1 Yy x 1 I 60 k-OXA4`5 '-HITCor G1~LIJfJtp;~ n p UJ' 9 f I d'-p' RICH CANC. MCE > .a.c , ni.I.r ;WTI ~F JKRSostR445FORMER PAD ASIAN q l m ! - La JASMINE ^ T ~ N I , 7 r II ICA v pL)UPS R I f ZAN, pS~API p £NCIDSURE td'-0 I rr/ - PARKING ACES $ - TTPICAL 24' 0*4 f f ~j I ME11NN'f 0£PARIMEN + 10 I err/ I r7KINYCAP RAMP J + ~-~r I r~-CbVC. WAUC•ti1~ f SIGN id a / N ASIAN JASMINE {{{III I ~ 1 F f 8-5 JrYi 13 7/6 E c ~ ~ i t Tvw Jai 13 'aar A'F, fArl:HITE-;T P. 7i6 I~ I ' = 11 i ~I i ~ 8-6 J 4 ti ti NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF A PLANNED DEVELOPMENT DISTRICT DETAILED PLAN FOR 1.727 ACRES OF LAND LOCATED ON THE I-35 SERVICE ROAD, ADJACENT TO WOLFE NURSERY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pep Boys of California, Inc. has applied for the approval of a planned development district detailed plan for 1.727 acres located at on the I-35 service road, adjacent to Wolfe Nursery, to be used as an automobile service center and for auto parts sales; and, WHEREAS, on May 10, 1989, after a public hearing, the Planning and Zoning Commission recommended approval of the detailed plan; NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I._ That for the land described in Exhibit "A", attached hereto and incorporated herein by reference, there is approved a planned development district detailed plan, attached hereto as Exhibit "B" and incorporated herein by reference, so that hereafter the land herein described shall be developed, used, and maintained in accordance with the detailed plan herein approved. SECTION II. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION III. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM; DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY BY $ 6 ' Irn"~ r EXHIBIT A LEGAL DESCRIPTION Lot 4A, Block A Township Ii, Phase 2 Recorded in Volume 2505, Page 859 i E III r 64 "Y EXHIBIT B DETAIL PLAN FOR PEP BOYS, CONSISTING, OF: 1. Detail Plan (1 page); and 2. Development Standards (4 pages)s I i I i 1 1 a i i I ~ i r. EXHIBIT B II $q , A r- ' 2r- a-4 A f J t n w ILL( j - 9 ~T uMr umrt COMM one PEP RJ9~9 BOYS iNTENISTATE 33 AND DALLAS DRV w•ovk s. a 3 "A. F DEVELOPMENT STANDARDS CONCEPT PLAN DETAILED PLAN 1. Statement of Intent of Owners OWner intent is to nnpra o a 1,,21q s_f_ nnn-etnry antmmnhila center consisting of 12,895 s.f. of retail autn parts. tires batteries. miscellaneous rslated ifpMa and In nnr.rlnn hayc Fnr minor tune-ups. hrakpn, mufflprs. luba and nil ~hanaaq. AnA fho installation of auto parts normally sold by Pop Snym, 2. Statement Indicating Relation to Denton Development Guidet The Plan Development complies w+i h fhp nantrmLSJjnninj; DA artmppr quid lines. 3. Total Number of Acres in Proposed Diatricte a ps 1.727 II - 4s Land Uses and Total Number of Acres in Each Parcel or Tracts Total Proposed Acreage ao single Family Detached N/A be Single Family Attached (townhouses, cluster, etc.) N/A c. Attached Patio/Garden/seco Lot Line N/A d. Dueler N/A e. Multi-racily N/n 1*in is Office g. Neighborhood Service N/A h.' General Retail 21.235 s.f. is Conaercial N/A is Light Industrial N/A } k. Heavy Industrial N/A P 1. Other (specify) Retail auto parts-sales i service 2,999 m.f. ratan 4.568 s.f. storage I 3,172 s.f. service i I I ~ I' ti i Development Standards page 2 S. off-Site Information - adjacent or surrounding land uses, xoning, streets, drainage facilities, and other existing or proposed improvements. (Shown on concept or detailed plan.) 6. Traffic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points. (Shown on concept of detailed plan.) Ptojected.Traffie Generation. (Based on traffic study, if required.) 1.232 trios 7. Buildings: a. Approximate location. (Shown on concept or detailed plan.) b. Maximum height: 23'-0" (151-0"+/- at north prooerty line) c. minimum setbacks: (Shown on concept or detailed plan.) E Clit 5np-0" Rear 220-9" I i e d. Maximum gross floor area (square feet) tot nonresidential: I j N/A I y B. Residential Subdivision: a, Number of units pet acre (density): -0- b. Number and location of lots% (Shown as concept of detailed plan.) -0- + i c. Minimum sine, width and depth of lots: 18hown on concept of detailed plan.) -0- do Minimum frontp aido and test yard setbacks: (Shown on concept or detailed plan.) i I I j T~ff 7 P f } Development Standards Page 3 90 water and Drainage - approximate location of all existing or proposed creeks, ponds, lakes, floodplains, other water retention or Major drainage facilities and improvements. (Shown on concept or detailed plan.) 10. Utilities - location of all Major sewer, water'or electrical lines and facilities. (Shown on concept or detailed plan.) 11. Location of trees 3" in diameter - six (6) feet from ground level. (Shown on concept or detailed plan.) 1 12. Open Space - location and mire of greenbelts, parks, common and recreational areas, r (Shown on concept or detailed plan.) Yes I 13. Screening - location, type and size of all fences, berms or screening features. (Shown on concept or detailed plan.) i 8~-0" hioh onnrnre fancg alnoo north iLrnpr}-} i 14. Development Schedule (concept plan) - showing specific data detailed plan will be submitted, date to start construction and complete construction, and rate of development, All dates should indicate month and year. Start construction: October-1989.- Complete construction: April 1990. I ADDI?IOKAL AtQUIUMENI8 FOR A DttAIL O PLAN F 13, Landscaping Plan - major features and types of landscaping to be used, Landscape screen consisting of evergre2n trace rig on nor h . property line and a total of 12,214 s.f. of landscaped areas i J [ q , I t P 1■ • Y 4 Development Standards . page a 16. Signs - ahoy location, type and size on detailed plant otherwise, signs must conform to Article 17 of the toning Ordinance. Conforms to the sicn ordinance I 17. Sidewalks. (Shown on detailed plan.) 10. All information required for preliminary plat in accordance with Appendix A _ (Denton Development Code) of the Code of Ordinances. J (A separate plat is required.) 19. Development Schedule (detailed plan) - indicating start and completion of construction and the rate of development. All dates should Indicate month and year. Start construction: October 1989. Complete construction: April 1990. i t I till i f ab 1/17 r a, y i I Fl LL= LLE= LLI= LIM= j I ,I LLI= LLr= S LIZI= LLI= r LEI= LEI= LIM= LIM= LLI= TIr" I Ii I 1 ' 1 s DATE: 7/11/89 g CITY COUNCIL REPORT FORMAT r Council TOS Mayor and Members of the City FROM: Lloyd V. Harrell, City Manager Lot attam Addition. Into Lots 39 Block Part o the SUBJECT: Consider a the 3pre Block iminary from replat RECOMMENDATION: The Planning and Zoning Commission recommended approval at its June 21, 1989 meeting (5-0). SUMMARY: This is a +95 acre tract located at the southeast corner of Fannia Street and Welch Street south of the main campus of The University of North Texas. fhe property, and all abutting tracts, are zoned single-family (SF-7). The site is in low intesity area, number 188. The plat meets the minimum requirements of the Denton Subdivision and Land Development Regulations, with several exceptions. The proposed Lots 3A and 38 do not meet the minimum width of 50 ft. or area of 7000 sq. ft. Also, the side yard of Lot 38 is less than the requirement. As an infill development, however, enforcing all the regulations would I counteract the Denton Development Plan's encouragement of I redevelopment is existing neighborhoods. j 1 BACK;ROUND: Currently, Lot 3 is one large lot containing three residential structures and is approximately 21,425 square feet in size. The applicant proposes to subdivide, creating three lots. The existing structure on proposed Lot 3A would be demolished, and a new single-family home built in its place. Structures on Lots 33 and 3C would remain. 1 i \1__ J PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED: N/A FISCAL IMPACT: None is anticipated at this time. Res fully ub t ed: ~ 1. i Prepa:d~ ~ L1 V. Harrell City Manager Owen Yost, Urb r App oved- c~ rank H. obbina, AICP Executive Director Planning and Development 1 1834% 1 } 2 i ATTACHMENT 1 1 \J P-89-014 NORTH I. , .RrruNE -rd Louuu ««r~I =AXL b..a r, R J Ell O ~ Q U r ~F-10 04 n~{ a~®r F r DDD r. ~eC49Ar ©PJ®~~LJffijl D~?DD~D® D~D~D-~o0 O~f ~ eor Tar■ Li a Du? - ~Li En ~G Ip u ~ ~ Do DPI Flow] 1 rwtor ~©r~ + / 1 w D All j •A M i l II SCALE DAYE (p./Z• 90 1-1 i i ATTACHMENT 2 rem as 1 ~ ♦ _Q - FANN/N } p t:e, L q It * TREE T - 4 t i1 I ~ Ff sWw c S Vol i (t r a S ~ I e.,. • ra . ..f 4' t .y. Vl` I ♦ a •'rM+•[ I ~ I I i~ ~ -r fi• ~ o r r .A.g 5' f ~ .-J N .il a . S b. F •1i 1~ t to ,tt[ j d Q i . r ~ i.C r^G ' I o.Grtu p ACCAr [O Lo'r 3C li 0. COS ACC[ lO I 1 t I r no W C 1 a~ 4P4L q rel; I 4 y 7 OY O,L.Q P V q 1 •[Ar ~ ~ i V,c l5l { 73 PL ~ t ' LOT 16 BLOCK. 3 S UvQA ANN S[NUL'ItC I VOL 90♦ Po 767 WATTAM ADDITION 2-1 5 ' i 1 I ' I If V II I ~ I I~ t ~ 34 1 6"1 1 I I I i f .n r P rgh ) l T ~ 1111 e~ DATE: 7/11/89 CITY COUNCIL REPORT FORMAT TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider the preliminary replat of the W. W. Wright Addition, Lot 2, Block 5 into Lots 2A0 2B, 2C and 20, Block 5. RECOMMENDATION: The Planning and Zoning Commission reaomm_nded approval at its June 28, 1989 meeting. (5-0) SUMMARY: This is a .92 acre tract located at the southwest corner of Grow and P Gober Streets. The existing Lot 2 was first platted into a square measuring 2JO feet by 200 feet. In the ensuing years, four homes were constructed ou the large lot. The pr,perty is zoned single-family (SF-1), and no additional development is anticipated. Sidewalk construction and minor drainage improvements will be required. E BACKGROUND: The applicant proposes to subdivide the present Lot 2 into four J j single-family lots, each satisfying the requirements of the Denton J Zoning Ordinance. i j The Bite is in a low inteaaity area (0115). 1 The homes on the existing lot are currently occupled, and will continue to be utilized the same way. The Public Hearing was originally scheduled for May 24, but the item was withdrawn at the applicant's request. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: N/A FISCAL IMPACT: M r None is anticipated at this time. Reljoltt fully su ted: ~ Prepared by: Ll d ,f.(Harrell , fir- City Manager i Oven Yost, Urbaa 1 nner App oved: v €1~ rank obbins, AICP Executive Director Planning and Development :aa~. ATTACHMENT 1 W•W. WRIGHT Li.V ram„ ` !!oa ar r I 'w r M ~ MM ► 31 ;F v i sesin►sr sr Q N , VICINITY MAP 1-I _J V ATTACHMENT 2 ~.r•..a-x178- A O W •i . 11 la.w , i •r ZONE A ~y ~ I . ~ ev r•~~~ r 'I * LO o A A, F-14 ~Rw I I t ' 1~ ' FI ao r r; „ < Lori i ! s ii w~ t,••'~ i 1 I e0.7 w•: _ ;fi n (iLiM.a-+W I LK to I • A,17 y i OJ7 Aa. ~ yy l it •N ' •aq~• RAO jor Ito d, 06A& I Let { B•ou G r , I i i j W.W. WRIGHT SUBDIVISION 1 I IL ' I I I II~ 1 i i I j I~I i j VWX ~lv G' E CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Friendly Chevrolet (Eddins) I RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: IF Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Friendly Chevrolet (Eddins) has requested a refund in the amount of $ 706.44, since they paid on account # 8906-00831 in error. BACKGROUND: on 1=29-87, a payment of $ 706.44 was made for 1986 taxes on this i account of Alan L. McNatt. On 1-30-87, Friendly Chevrolet (Eddins) also paid $ 706.44 on this property, which was not theirs, so a tax refund is duo against the 1986 taxes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: I The Tax Department and the tax account of Alan L. McNatt FISCAL IPPACT: 1 $ 706.44 f I ~ 4 RESPEC JLLY SUBM1 TED: i rr city anager Prepared by: ame Vic Schneider Title Tax Technician Approved: le iand e Trxas r 2633C/3 i I t 7 Su+# prop" to aowd APPLICATION FOR TAX REFUND ,IIUa71 eNvnd APPIWA1100 31 collecting Office Name. ` T ri 716 Correcting Tax For: (Taxing nits) 0 en Address C^ty, State. Zip Code In order to apply for a tax refund. the following information must be provided by the taxpayer. IDENTIFICATIO qF PROPERTY OWNER: Name: r1 /-M L 1/4101 I Address S ' i FH o n~ 7iC ?d~ D J- Telephone Number (if additional information is needed); IDENTIFICATION OF PROPERTY: a 133A 6°, Y alllee r , 770e f ~51~ ~7 Cry s o7, 9077 Description of Property: , !i Address or Location of Property, Account Number of Property: or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund is Requested Is Requested Tax Payment Taxes Paid Requested I 86 r.L-z2 i, g L s 706, s~ $ 2. , ,Jt„ Sg 945 01-20 1 s ,g ,g _ s s 3. Taxpayer's reason for refund (attach supporting documentation): mx'rs N~2/a puy d'y~ f~ Y L ~re.rA E~'~~I ffir~.~C~ ec s o~~7 rto / f "7~'a ! /"7 a ~/Ir d/ ✓C tYl ~lH Iv►~', { °I hereby apply for the refund o1 tf s abo~e-0esc ibeA taxes and cerby that the Informe on I have given on this form is true and corrlct", 9 , Signature Date of Application for Tax Refund - DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date I i Signature of Presiding Officer(s) of Taxinngg Data Unit(s) for refund applications over S500 ; Any person whom ekes a lei" entry upon the forstill record sh SO be Subject to one of this fallowing penalties; I. Imprisonm"t of not more than 0 yore na lose than 3 Vein and/or a fine of moll more than 11,000 or both Such One and Imprbonm"l; t. confinement to Is$ Iva term up to t year &a fine not to exceed 11,000 or both such fine and imprleenmenl fie oil forth In Section 37,40, Penal Code. AINND p n it I I J 1 YOUR TAXES AAE DUE OCTOBER FEBRUARY 111t. 't AND BE OM SEE REVERSE t' { 'NOuENT -1 TAX STATEMENT " SIDE FOR PENALTY AND INTER- Denton, Texm 76201 ' EST DETAILS. PHONE 566-8718 Al ~A 9Hb~00431 ggs -cAFs - 9077 y j RECEIVED 000 1 OCT S 8 1586 os.a+ w 1143!? H L Ef,DMAN S AiSOG JAM93 i ALAN MCNATT t `O 14 L ERDMAN i ASSi1C•.INCm 4200 dROC1ERavem Sum "600 DALLAS TXTS$07 " t A FOR RETURN RECEIPT.SEND BOTH STATEMENT PARTS WITH SELF-ADDRESSED STAMPED ENVELOPE I I p t I i 1 } _.1 Q 1 s~as8,'Is.agBd:aBas.aa.ga~s8g~'sss~es$g~~ss~:8~ ss?:s ~ en 1.1 /IOI ~ it y w 1 0p • •Iry (1 . • 1 f..~/, t ~ ~ j Nl 1 I ~ Q I W ► 1 •II ~ ~ r♦1 r 1 I 1 1 AI •-1 I • ) LO ~ 1 1 1 1 I 1 ~ W_•. 1 1 1 I 1 1 ~ ~1 t 1 I I 1 I 1 1 ~ 1 ' 1 1 1 I 1 1 1 1 1 •sRSSggs~;sagesw ggsse$8s~se$ae~s8eas~1$~~$asa~$: s~a;s~ V 9 1 • M .1 I •f ~ • N • . • ; y1 17N111 I ~1' o , 01, W N 1 MI•r 1 I nb PI ~ r W1 1 i I 1 + 1 1 1 I e 1 r 1 I I , 1 1 1 , y se8s888~&88888! 8888$888~88$8/8/y88$8RS88$~868~$0 s$Vs09$ G F N ± AN N ; • ~r ►I • I1I • r 1 i M1; I b I I 1 1 ' I ~p 1 I 1 t 1 ~ ' ~ / ; I e g~~$sgg~~$g~asg~gg~~$e$~agea$$$$$$$s~$$$g$es~$$ S ZW ~ ~ ; ~ I I ; 11 / I msbgs~~$sryo~$8~a$88es~s~~$sgs~ea~~•~~~~~a~~$~~7$~$ s ~&~$~~r ti A • O~' ; I ~N j 1 ~nfxN~N NN iN N • • N ~Q W 1 1 1 1 S I I I ' N r ♦ r OO 1 I J 1 d rnrr-1 rr• RQQ~ O oI HM n nr9i n14 ~N 1 1 ~ry ~ N ~i•~n\nrr nM r F if \ \w ww ~w 1 1 ww w jw\w wwl ww \ w w w\ )s ' NY- Or ~V~r I I r ••NNNN NN O•-~Vr r r Nr rt r r 1 ~ ~ ► rrrN rr r r r #YrW ~ 1 1 I 1 1 ~ I 1 1 , • 1 r WN CFpOC~O/nIPNA b858~ s88888~~ NO8C OOO~IDO ~p eO ~~M~10 /~1/I{/~~.foAM (A~ ~ry..J~111~~I~Ayr~ •1 I 1 •1 , 1 r 1 • • • • • M • • ^A r1 • • 11 • I~ ♦ • IN 1 • 1~ r.~N~ orn/Incr^ A4 N 1 n1p~a NrfyA1 nneN aA n ~ i[W ri ' ;J ~Ir r I ~ 8NO~; N NN.r~'V11V~ OD•, b~1 i O 2 i N I I 1 I 1 ; OOOWdd~~~ r A N 1 ~ i i I 1 I 1~1 I1 1 1 a t r 1 1 1 ~ I ~ ; I / s i r r ~ i i i 1 ► W`` i t i ~.S/ 22 C. 1I1 ~1y y I ' 1 i Zrl ~2 I W~~ 122 I ~ 1 1•,21 III1 ' r UNI V 1 VV I V I M I 1 \ W V). 1 •+..I yy// 1 a Wla iJ1 ► O IN eN y¢NJ 1 NN N I wz- iG a I LM r r V Wa 1 A l 1'~LVI q M 1 = 6~ '1W~~ •ll ,~I ~1y rI WI I- ~'J V n I'J r F ► r \I J 1^~ w>yy~II1.J ~qp[I yy i 111yyyy1 ~qpn y??11~ ~ 1 Y •,./«y p z I v L Si Q8 r-,I i I IX 1~yZ ►W JV WN2 KI ♦r ~`Jll~a i ~ b 1 ,~'.1 1~-IV N I&, WW U 1 2 w W J•r VW1UJir I "E, ' •t~• n 1y ~ s yZ l~pp[Ilyy yI i1a ypp V~•dIti NN L~ NN NJ`J111yyy y`1 Nr~~f ~~~IIVO~V'~~(~!W 6~Y` Ya~ i 1 ~ny1 l'7 NIJi J~~ l <IQ~ r i i I N W W Jr VI W O CCW~ VK UC \JZJJJ 10,Jf a Yh VV 11 J W11 NO 1~ rN\ 1VJa1yt t WYW VN4I WWYDIILIW Ir zJZ i p~ \ etl•~-~WaJ \ 42NlN X..+raa21L.1•W- \I~ itgtoo k \ ~WJJ=V~W •J Y~22~►rVW • S YWJJ~i am NN Wf IGf 2~IWj t` y\r y.Nr 0 4 d 2 t VIJVJrJ N V r >IJ D ..r D Z 7s 21 y` 2 0 y`i ■p lUyl~~j~[S f`p[ J G7 Wp'.Y SQ Qa JW F. pJW Y a y aI•-WW•i y r Z ~JI~~.YV ~~C62Z J~J rIN eWJ~ ~f1.w WrW P~2~2~V►-Ur►~mlm VJ~`~~W [ ►NGa 1L~c » 1 :W sssssE8~~~ O G 31n I~ Q p. 6c p 8 1 ~ 1 ~ 1 i Q f' w~ 1 ra w ~$~'R 1 IC IC 1 N N t- NO, N~-J'CKee 11111 r /S N P O w MINDY NO Hum 11 I 1 1 l I T- w MEW I J i 890600?50 86 K 11 0(11 {1 ?ATE 103T,0! TAX TRIAL MANCE REAL PAGE 120 PENALTY ffFECTtVi NEXT y,9r1N 4CCMRI R YEAR XAMC NET TAX CODE A PD-DATE TAR PAID PEN PAID TAX DOE PEN DUE TOTAL Dot 890600780 a6 BARUCH, SAALK. C la 7.01 YNXIIIN1Jtf 12!!1 R.81- ea16i)pJBV 80 SORRELLS RANDY 5 RICHARD FAEN 75.80 YNNNWM '00 Qp S I ( RCN 01 JES.jS CNRS;T 125 '1-Tai YNNN~"i 1 / 1 1 _ .00 75.80 5:3O 81.10 . N~ C CC C S 2 Zg pQ 7~.._-A EICRAP81 . ORP 7:0'Yppllgq7j..._._57:0 - :00. >t , 8vaapk~yq(gpp%S4 M LLallPe('"TV FULL GOSPEL CHURCH 00 ISS 86 Al PAUL LUINERN CHURCH :00 : 00 00 19o61J0756 86 "EROS IN1 INC to ~ 00 ~ baoW17 be PUNCH J c 9060n ..PRWf1'1TOq'TA ~7yy43 $90 3 Y 29 AMOU 1D~ 5,753`93-...- '...._...43.33 3.03 46.36 1 X', 105.27 T~ 121ST i uA b~ ` 190600 ?90 86 XAatIN SANDER 1 e7 rNNNlf1.►I 11110 41' 7• .00 30060009/ 86 NOPKIN4, GEORGE M JR EIAL TR 11) 66 101004411001 11026 M.66066- ' 2.00 .01D . " I~ /90600792 86 LIBERTY FULL GOSPEL CHURCH QQQQ 00 .0~0 .00 e9aoo79e 86 CENTPAL IAPTISI CHURCH RCN 2.95 YIrY ~Q IAN w OQ pWp 1-51 ~0l E?N~E~ l F 2:53'14i44iii7 :00 -Okl agO601019p 86 BROWN JOHN IT 8$' 3~fF14a~~ AOSE a ~SE R1fE . YT4IRADRIN o 9906M PH 66 G4AMAk coRP 00 o°S p5 pp pp 2.95 .20 3.15 >r i /99 06 M1~NG, LEE LOW .00 IeM1f .00 :00 0 '00 '00 yC; , e8 94141 V Y .00 00 W.L 1.•; ...............I - . . . 89061X1102 56 EACELSOR DEV INC ywN 670 pp 000 .00 . j 600005 Be BELL JACK CONSTRUCTION CO 101.54 YTf7NMN 1/!0 101.54- -00 00 ` OTOOg0804 e6 Tltlif /AEO DA .00 010 243.13 rYY ~ I1/24 243.13- O0 '0 0 00 5'7060080S 86 AEw "I PAINT CO _ :68 W.94 43.40 663`« . 00 0400 e9LT60p808 86 XE5401te AID' GE [ S Y « QpQp 100 SU600810 56 MICKA, HOWARD D 00 YN444441 11126 .11- TNT Yoe##" , 5006110810 86 ICKOAr COtdOS 00 90~4040005811t1 8866 clArtMpl [N Ct ONSDO~S.00 f1444pw .00 .00 Y•• •,i+ I .00 ~006008iS 56 iA7L5TFFi'SIa17Cf~4EE Wt------------ l4??ApL ~yy~ ,p IRS ....---4 1 SLTO"-YNNNiYEfiA .f213T . i1,fOpp50 14 ,00 ; 590000514 16 CO9YONUEALIN mG COOP 602.54 Y001"Of 1130 602.54- .00 :Ill I a9?600815 e6 TRI STEEL S1P%.KTJ4ES INC 2.95 Y1g4p41 12/31 2.95- Al /90600816 b 141 STEEL 314UCTJREf INC 11 A ywam" 12!11 66 17 OWN J" 7 .OQ 000 . Y14utNw 1'7 Bi$"&~ito~........................21l....._.i 0v0 01, .........~ypy , 800alwo 86 1Rl-SIEf~ SfRUCtURES, INC 25.60 f*##"w 12051 23.60- X11 'lY-'1 /90600621 56 IRI-$I. 1 00 - .00 1RUCtuRES 1NC 23.60 fNNNWN 12051 23,60- 090600822 16 GOLDEN TRIKNIiE DEV EORP 16.36 YTfo~ 16, 1.1D 17:50500 0- 500600523 e6 LEDYARD, 0 L JR T4 15.58 YN4/NN 1 / 1S.000 - te~s~AU ........s.°~4:~~ -'r~b~• 's'~tR:2r" S9OOM6 86 ANDREW CORP 1,124.4 YNTpMN 1130 1,124. - S90D00127 16 I~NCN, ~IILL 36.1=8 Y14/4444f "Move 86 NOORE tCIG(414 27, i Y##~ 11/14 27, - 36. 2:005 35.00 /90600829 66 EV LU}NERA4 6040 SAJL4R1rAN BI3. 7 f7p'N54N 61,11 034.1b 14 4 66 IV Lull"FaWyAl 00 Wulm S S1 66 NCwatt~ N 11 0 _ 4~• 44• 816600633 36 141•S HIL SfRUCfuRES INC S.9p fNMNNNNN 12131 - ~ .00 •00 , . !ff33336 86 STCX4E1 1 N i CJ. f/S M1N5N 1130 b634.5 gi ...............4~......:KIM$, jANMY 4. rNNNMN 674 614 VSry• 1 16 N4RVILL AMY L a7 YN111~N j1; ~j pp 1 00 00 9 86 NCN P110fE4TIEs S1j. .S1 YNow" 112/~ 5,097. 1• :O0 no .00 1 ~ .w 8 6o_ 00 0_ e6 L 11 t.f I { f I i i 1 i CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Friendly Chevrolet (Eddins) RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: the Chapter 31.11 of the Texas Property Tax Code requires the approval of Frigoverning body of the (Eddins)ahasgreunit for quested aerefund iinethesamount of 0.00. $ 744.27, since they paid on account k 8906-00831 in error. BACKGROUND: On 12-31-87, a payment of $ 744.27 was made on this account of Alan L. McNu On 1-29-88, Friendly Chevrolet (Eddins) also paid $ 744.27 on this property, which was not theirs, so a tax refund is due for 1987 taxes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Alan L. McNatt FISCAL IMPACT: I $ 744.27 I ` RFSP U LUB TED- oy farce city Manager Prepared by: Name 4S neider Title Tax Technician Approved: me Ji B n and tle Treasu r 2633C/3 I f sure n09" re, ae+ra APPLICATION FOR TAX REFUND rrn,r+aAao+luuo, st.n;~~azl Collecting Office Name r n Urn fn., - T',) Collecting Tax For: 41 C. {Taxing nits Address City. Stale, Zip Code fn order to apply for a tax refund, the following information must be provided by the taxpayer. ) IDENTIFICATION 9F PROPERTY OWNER: Name: _ , ~~~r Z. Address: ~a0 Telephone f:,mber (if additional information is needed): r IDENTIFICATION OF PROPERTY: Description of Property: q_GL /yie/,(« Trwc 77 ~11 9a Address or Location of Property: t Account Number of Property: cr Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES; { Name of Taxing Unit Year for From Which Refund Which Refund Date of the Amount Amount n I Is Requested Is Requested Tax Payment Taxes Paid Requested l t. a ~n t9 B7 2. 19 F~7 /,t-d/ 119 S ~2~ i 3 n/-~ 9 r t 9 s 9 j t4 / t9 i f _-izz=Z_ t Taxpayer's rraa~oJn for refund (attach supporting documontation): Tta [✓.~~F v ;per ~i /f ~o~~ p..~LL~F[L! d/i/ ~i~a ✓~L-t~' \ I / I/ \ / l / s.~~ iP/[cY~i C"/~P✓C tar/ a Jf%i6V d ^I herebyaPP1yfor the refund of Meabov escrip taxes and cenify at the information I have given on this form n~ is true and gorrect" Signature Date of Application for Tax Refund tt 4 DETERMINATION FOR TAX REFUND: Approval Disapproval I Signature of Authorized Officer Dale i Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applicatione over S500 Any person who mal" a tale* entry upon the foregoing reccrQ shaA be subJM to ono of lho loltow(ng penalties; 1. Imprteonment o1 nat more than 10 ran nor fees than 2 years antifor a Ano of not men Mari 11,000 or both such Ano and Imprisonment; 2. eonenornerit In Iau la a term up to 1 year Ora fine not to exceed 12,000 or bM such Arlo artd fmprlsonnKnl as eel lorth n Section Sy.1D, Pena' (;odo. r•ea~q a, n t F ~ • r r i ESTATE 1:3JEi~M:'s!3 TAX F "AX Y EAI"t 437 p:[ :V L-AY ow : Y k 1,~ + t r. 1'z Y. INANN LwTT PROF:' AcoRl:F:S)1, [:/D F. N LOCUS pE. 'T TX762:01. l:.C'TY-•l:;T••7..CF' UE:F~][)N I'a[;AGI To TO1XAL~«E: 4'AL111= ir.1,1.1.00 1.1}.AT oFI 00 A I_EGOL 1 011.:13i7A l;. NALVEkr TROO"T 3' LEGAL 2 cmS 2.9077 LA~3T rMANGEi 110/01/10 /~~a~2.tlU { A!7,Ef) VALUE. 1 0 DO V[:T EXEF'F' (00) s LLYN C'A CrlQ) t]:i00tl ~L F)N- Mc i RECEIVED Nov 2 0 1981 FL L EIIWN { AM I i J S r`M a. r /~Oi00~i` 11if Volvo $9060ii3~ t0ii DAN W10" rAA rASAI J 11 i~0 ACcow 1 I[AR No* mAKtI %AI ptNAIT, tr J(C11r1 r(IT MN11f bAr CW A p/-IAi[ IAA ►AII tai MI fY DUE pill PA 101AI 11>E K("I CtN ak E~(wprist CH If ' - "!p01G.......................~ ffwl a ~i w I DAYi t [TAI t T Yluc i/is pw. ~Mgpl • • • ; 1sM111/1 R 1 V. ` 1 [ACtISOR OtV IK ' ? Kao JACK COM INATLJN C) 122 rwi 1/2P : f ~~p" i 7~p llCifl;7IIE6.64 TMMMtt ..........~22. 'gyp :W )rir FILM. tAEO DA r of 7 K PAWT ...........1,321. MIA1lp11 ACCOlA11 0 4 1,7~1.✓ jRit l 1/T9 ?,St1. IRi,~► tt KYf 2 M[sAViTt it Comm 4 W~IMI ~°i AAD . ,:roE, fly frnc..._...... • . fR~", AI IN NT6 C 1f11111w f fA T TR M/E sThICnms IK TIMDIAII 1 / • • )'ryr A • 1 T NIti1111* ~y T T#111111 > Tr./11w mss:. r'~ AA ~.....K. f. ACC&M ~r IAN, t C JM TR u Itrru~ I,IEa. IIIIII/M Ila T, f ~IfOpOpR~!A ya TAM 31' ~TNMIMI ItJ'!f p r NsoJ 111..IM1 uM ~ ~ y~ SKIM t21~~ BjW f` •w uRJI pS.aa 22x.73- N-ah T.~CiAE' .~-ri E~IOIpp13i EE IE# u, AV .Cf ow T ~t 1, AA:y~ A~ ~ r >•~i' 'q•••......_..«» 111/111/1 TiQ7 7EL2><• An/ ~ Erl 4~f• iA1A . I ~ i . ~ r.. ~00i00i~, 10i► tNAl11 ii0i00000 100f AAn 12 JEE r 1 i..~~ IOCCt11R 1 t1Alr fAA f11A1 TAKE ALAI A VIA 'I, ~1K" ("WIA A[II owle W~~ rr TAA C'01t Ir"M?t TAtt ►AII IU1 Ha •!i r1[ ►la ~ • 1 ' • ' Kt~ti' 1 I I IF low i f A 7 II 1 I N 1 I r 4 J I ' I{ Itf I 1 TT-m I ~ I T=l TTT7 I I ' f I I go T-W . 1 s CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT Approval of a tax refund to NCNB Texas Bank (formerly Interfirst Bank) RECOMMENDATION: The Tax Department has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. NCNB Texas Bank has requested a refund in the amount of $ 2,231.55, since duplicate payments were made on account # 8907-00689. BACKGROUND: NCNB Texas Sank made a payment of $ 2,231.55 on 12-22-88. On 12-30-88, NCNE Texas Bank made another payment of $ 2,231.55. Tax records indicate payments of $ 4,463.10 against a tax base of $ 2,231.55. A tax refund is due. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of NCNB Texas Bank (formerly Interfirst Bank) FISCAL IMPACT: v $ 2,231.55 I~ R CTFUf,LY M1TTE oy arre City Manager J Prepared by: r Name- Vic Schneider Title lax 'Pechnician Approved: J m Bu yard the Tlvl asu er 2633C/3 I rr low 3 ` Refund oroo.r+r r" eaara APPLICATION FOR TAX REFUND Apaiutbn 31 11(4/12) Correcting Office Name; j ' Ci _ T i7R.ACCIG JUN 7 ~~gq Co{Iechnj Tax For: ` / = C ( axing n i t ~ Address rt E t/ 7~ n 7d II 71l 7/ ] n City , State, Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER; Namt 7 l Address: e Telephone Number (if additional Information is needed): IDENTIFICATION OF PROPERTY: Description of Property; i NaC nZ. ~irS fJs' lS-/ Address or Location of Property; _ Account Number of Property, or Tax Recaipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for From Which Refund Which FIC and Date of the Amount n Is Requested Is Requested Tex Payment Amount of Tex Refund Taxes Paid Requested 2.~ 19 ~t-J.2/ 19 :a 3_/s3_ S 3, 19 Taxpayer's reason for refund (attach supporting documentation): ,hzrrs cit i AA p C J y/J j a i . f i + /J:',(j ~~-t.'I "7 hereby apply for the refund of the above4escribed taxes and certify that the Information I hew given on this form is true and correct" er~CfBTerti Bi.k Signat"040 ~d ~ 0obOat/~s~ 7,?7sa~j.•plob Date of Applicm6 for Tax Refund DETERMINATION FOR TAX REFUND: _ _ Approval Disapproval Signature of Authorised Officer ( Date Signature of Presiding Offlcer(e) of Taxing unit(s) for refund applications over $500 Date Any person *he makes a lalee entry upon "foregoing record chap be subject to ens of Me fo$ewln net more than 10 years not less then 2 years endlor a One of net more than $6,000 or both such One and Imprisonment; 2, confinement In )aO lor a term up to I year or a One "I to exceed $2,000 at both such One and Impdmnmenl is NI forth In Seetlon 37.10. Penal Code. IIII ntruao (iii f 1 k 1 i i , 4 NCNB Texas ' Ervay and Pacific Streets P.O. Bch 83009 Dabs, Texas 75283.3000 (214) 922.5000 Texas June 20,, 1989 ~ 1 i Mr. Vic Schneider City of Denton - Tax Department 215 E. McKinney Denton, Texas 76201 RE: Acct N 8907-00689 Ac 58.351 Eli Pickett, Tr 2 "Star C Ranch" f Dear Mr Schneiders Enclosed is the cancelled check copy for the above named account. j Per your letter, NCNB Texas is due a refund for duplicate payment of the account. According to our records we sold this property in December 1988. 1 i If I can be of further help to you feel free to contact me at my new number, 214/503-4385. Please mail the refund to our new address below and would you also identify it "NIC111 so that we can process it more quickly. i NCNB Texas 11 NCNB Place OREO/TAX P. 0. Box 830106 Dallas, Texas 75283-0106 Sincerely, A'w`l Jennifer Bell f OREO Accounting/Tax i~ 1 t 1 j I I ! Tem 1x'17 ACCOVNII PAYA6u ACCOUNTS PAYASLE NET AMOUNT Ilia p0 409 491081 EXPENSE CHICK N0. :i 1i'iii11 u9.14c1 DATE 12/19/88 0011 .2,231.55 539D AR*nAA i {i PAY TWO THOUSAND TWO HUNDRED THIRTY ONE DOLLARS AND 55 CENTS I I NOT VALID OVIA OMAN VN71{1 WUNTM IOW TO CITY OF DENTON i THE ATTN TAX COLLECTOR J OPtm 215 E MCKINNEY STREET f G► DENTON TEXAS W VW i NCN9 1144 NII.on11 4anM 76201 OM VW M111111{IM DAH Df1111, 1f.11 1ND1 4400 11 S 39041 ':1& 10000 1 b: 00 2 24 3 441 x'0000 2 2 3 1 5 Sri I I I ~ t - - - - - - - - r r P' .R - - - ~~w 7 - • V I 77~ 1 I + 1 r DAfI 17x11 rII 11<flwt f ti/R rANI IAA TAM I4hCi 1141 Nil DAY (001 A pb-DATI TAI PAID PINIH1ll 14tPINALTr ►1N ► OUlri mast jI oil N►OONf N 1711.441 { T ~►q+OOHA 11 111411, a[~AUt 1I I T~. 121/30 astA Itl.m 00 00 µRt! 11'il{'/11 ..................1 l..R..#~! ........~s, p~p 1 1f;1! y oil? tIat Af TR 11 DO 00Nu KIT 1011 or~S ru I.. I,fi IF4t RIRBE6•~aRtf• - 2~st~p11~ ss rryNr1Wr~ 11130 201104 ir'ii PoKINDS l.. NO/Opr/ I1t, 1• +RpoolTlq 4 N 'INUCN IMIUI C It 2 ......T1~; 1®......#Ar1 PY NOTQpr1 N 1.1{AI1~, M 1 0 tl YNINfIrNN 11/30 ?0.~ ppr30 Jl,,tf TNNNNNNAI .00 711. S . +fO/QQp1 NwIN, INA111 t to 21t.if WIN Ft0i441t~..1t.:Him, -itwk.i.to r. i 1MtwNnAM 1J/30 2,1?- 44}.~. ,y~ Oo ►nl ~seoa~rfr.c.....lti'il• 3?1 *"most I{ e1wtN, {MAUI { to ~p I40+00e1e 1 IIwtN, INlul t TA 1 $2,11 TNIMNMfI 1 /30 1. ,ro 1,131.55. pp pp .00 e.lJ 31 00 ,00 j .oo vo1M utouNt ToTA>. ,oo Alto I No A, no v ,1 Y 30:^ It 1101 • poly !f0 MN ~vm ~iW i ..~RRS~ rNNNN►,Nlu 0121 1 .l' N valowl 1M, ION Y I T , 11 11./1 5]1. ~ IfB~lll d fd~iEt lfS ................:1 NO t N +Utgf, AAYIUDM I tAMp/ill SAM 1,1 1.,1 ToIIM{{fl Tllemo I ......i1 .•••2r 1 010/00{.1 N r'tIrH r1A f RA A7ITIUINNAR1 1 0 CIA09Ill SAM 1 1,10 w ITII 1. • 1.1 1pf,el tlr'i y +OON► x 41 1~ , Nl~i01r 11, 2 TM1f{{ay 11101 21 1:4:01 *;lips VILISf IAC NA ' 1 Y ' y~ frlj ~p 111001 I 11NDO100H1 1 WALI v 14ir1A 01 to fill t ll' YdR{I2ilR'er.ls4eerlu..44....i;r ,I I ~8~811 i A -Ion . o.sy vc•r If0►OOIf9 N Idvtor A1tNIRO t1' i . # . /OIOOefe 11 1011H ' rNNr111Al1r If0100/1/ N Now ~osrRwNAA► A 1 TrtN111rAN Nl11 110: : 0'1 : ;121.0+ 7 r Ia+o'o►N raNr coRr Aw TAwt11wN1 , p I~ilB~ ...lSu1R t#llifli tRl ifi a~.. } / • . I;13~: ••T 1 1......j , a . 1 1^'.i 10010010, 11 IOUTM 11AIY11r l11 NI • 010100/p7 N M4 LAXIV11W It1 ►YI 1 : 3 ; IMrpO►Ol N OWN LA49VIOV lil Fit 14.51 r NNMMMOM ~l I i O ~IA:f . ; ~Q INO►0010i• s1 00 ~ • 00 N iBllll ItlfRII~Ryq..5rrrrrrr... 1 1purl 014 1.40 Ibpoia of 111011 J of Mop Ito ►DI 1.c N IMIT o art poop Ito Prt lie:4~ T t1A1 t r .a , t 18iN • IJ..Rfha°c41I ~roe.~tl.ul......, ......1~1..~..i' :a :00°0 NO/O 1 :o°°o ' N IIS;T 0 i 4 IOH688~~~ 6011 ow 06 Ill 11~ / Y .......1 pp rQ ~]Qp y QVQQQQ.......-.~.........1~, /0100111 pq 41 WOW" N 6140140 , logos/A01 06 prl IS,t/ YAw"Ro I IJQ /t 2A. 44 t ' .pp ,00 . 00 . Nil 1907 071 141, THAU s 89 1 6 1g IAI! t1 IAN TRIAL SAIArIII AIAI 1 IKM} 1 ties NAAl 1 f hit 141 100! A ►A0t 115 pINAITr IIIIttIYI wilt N(A,,, 11111AT1 JAI pAle PIN ►IIY too but Plh NJ tou, > I90100T,7 N 114Nf 0 "1 POP IT1 001 M.60 TNNNNNIIN 12030 111,e0• •00 I z w ,Y I I I r l I i I I 2 i 3 r! / r . 2516L-7/1589 NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding 10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once I to appropriate money to relieve the necessity of the citizens, or 1 to preserve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case i of unforeseen damage to public property, machinery or equipment; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the City Council hereby determines that there is a pub-rfc-calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment supplies or aervices, as described in the "Purchase Orders attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 91213 Smith Pump Company $17,570.00 SECTION II. That because of such emergency, the City Manager or es gnat- employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency pur^.hases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. I i ~I a SECTION III. That this ordinance shall become effective imme atP y upon its passage and approval. PASSED AND APPROVED this the day of 1989. ~~f~13S', -FAYaA~ ATTEST: JENNIFM7W)1TE99-,CITY -SECRETARY APPROVED AS TO ',EGAL FORM: I DEBRA ADAMI DRAYOVITCHo CITY ATTORNEY s j BY II PAGE TWO w r~ , M DATES JULY 11, 1989 CITY COUNCIL REPORT TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Purchase Order #91213 Smith Pump Co. RECOMMENDATION: We recommend this purchase order to Smith Pump Co. it, the amount of $17,570.00 be approved. - \ SUM14ARYt Purchase order 491213 is for the emergency repairs to Raw Water Pump 01 located at the Lake Lewisville Pumping Station. The prices j are the same as those reflected in bid #9953 for the pump number 4. Approved by Council March 21, 1989. 13iiCKGROUND: { Purchase order 991213 Smith Pump Co. € i Memorandum date 6/27/89 from Dave Hamm to John Marshall 'i I I j P&OCRAMS DEPARTMENTS OR GROUPS AFFECTEDs I I Water Ut 1 ty Water Production FISCAL IMPACTt I Funds will come from 1988/89 budget funds for maintenance of plant f facilities 620-081-0460-8339. Respect ly submitted: I I I Lloy Jarrell City Manager Prepared byt Names Tom D. Shaw, C.P.M, Titles Assistant Purchasing, Agent Titles • Approveds Names i Titles 012.DOC I 1 1 ,1 { Y f ' i 1 r , n, 1;5 CITYOI DENTON, TEXAS MUNICIPAL BUILDING / DEN TON, TEXAS 76201 /TELEPHONE (817) 566.8200 M E M O R A N D U M r TO: John Marshall, Purchasing Agent FROM: Dave Ham, Director of Water/Wastewater Utilities DATE: June 27, 1989 SUBJECT: EMERGENCY RFPAIRS OF RAW PUMP fl AT THE LAKE LEWISVILLE PUMPING STATION f { The Layne b Bowler 5500 gpm raw water pump, model number 70ORW16F5, ` serial number D16313, at the Lake Lewisville Pumping Station is emitting water ww through and around the pump Shaft. This Indicates I~ bearing problems ,.,obably in the pump bowl. In addition, an ex- treme wobble has ::veloped in the column shaft, Since we are in the peak pumping summer months, this unit must be L repaired on an "emergency" purchase order. Smith Pun,p Company is currently finishing the overhaul of raw water pump 04 at the Lake Station. Today I conferred with James Fisher, of Smith Pump Company, regarding repairs to pump It on an "emergency basis". Mr. Fisher has agreed to use the amounts which Smith Pump had bid on pump 04, namely: Total Labor of $3,620 and Total Esti- mated Parts of $9,450. Additlonally,any Estimated Emergency Over- time of $2000. 1 would anticipate that this repair coat to be an approximation. However, 1 will not definitely know until the unit has been pulled M r~{ and inspected. I Dave Ham e Director of Water/Wastewater Utilities D11188 xct Bob.Nelsonp Executive Director of Water/Wastewater Utilities Jerry Roush, Water Production Superirtendent ~ f F / y E y i q ' THIS IS A CITY Of DENTUN, TEXAS CONFIRMING ORDER (If MARKED) PURCHASE ORDER NO: PC 91213 DO NOT DUPLICATE This number must appear on all heoices. dallvery slips, oases, ReG N0: Bid N0: ctns.. boxes, Packlnq slips and bib. r Date: G6 28 8i Page No, 01 VENDOR PUACh4W4 OMSXW / 901.8 TEXAS STREET D / OENMeV TEXAS 76201 NAME/ SMITH PU,AP Cc, 8171566.8311 01WMETRO 267.LV42 ADDRESS 3611 M TX8 INDUSTRIAL WACU* 10 CENTRAL CEIVIhG DELIVERY PATER PF JUCTICN PLANT ADDRESS 1701 a ;NENCER DENTJN. TX 76ZC45 VENDOR NO. SM1490DO DEUVERY QUOTED 06 30 89 F08 DESTINATION TERMS 00 1 L.7 9j691 TO PULL TRASPCRT TU AND FJ;CM SHOP 4S5CQ.000 4.500.00 1 00 LT 93691 7 TG INSPECT JUD SITES FUMP OPERATION & MAKE RECOMMENDATION 9545C•000 9x450.00 00 1 LT 93191 TO ESTIMATE SHOP TIME FGR DISMANTLING INSPECTINGSINC* 1x120.000 1512000 00 1 LT 93691 ESTIMATt EMtitGtNCY UV[R-TIME 2x500.000 20500000 PAGE TOTAL 01 620 00 0460 GRAND TOTAL 175570.00 175570.00 175570.00 VENDOR CTlONS: 1 Send o 3 farms - Ne130 lwneu arrn, 64 b - Acc aaunft P b. wxan•~ I f . gOW n v Payabi5 & d~Wkab esq. 4. Sh pp np In structionc FA B. Dostinalbn pw of 2. 6. No bderxt Of Slate sales tax shall be kk&-d Iu Ins "'~.oxcx.a) j 215 E. MdC" St In prices billed. Denton, TX 78201 VENDOR .basing Dlvlslon I Q s x { i i If J C i 1 i r~ 2651L-3/3689 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the rity has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and j City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposallL and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the 1 4 construction o public works or improvements, as described in the "Bid Invitations "Bid Proposals" or plans and specifications on N file in the Office of the City's Purcl.~-ing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsibl. bids: BID NUMBER CONTRACTOR AMOUNT 9975 LABORATORY EXPANSION, INTERIOR $ 52,595.00 SECTION II. That the acceptance and approval of the above competitive bid s shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notifi- cation of the award of the bid. F { SECTION III. That the City Manager is hereby authorized to executed necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance wi.h the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified Sums contained therein. i I J a F' SECTION IV. That upon acceptance and approval of the above compet t ve s and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto, SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1989. RAY STEPHENSO MAYOR ATTEST: I JENNIFER W APPROVED AS TO LEG/1 FOP.M: DEBRA ADAMI DRAYOVITCH9 CITY ATTORNEY BY: 0 I~ I I i PAGE 2 Y 4 ~J• f DATE: JULY 11, 1989 CIT7 COUNCIL REPORT TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUEJECT: BID 09975 LABORATORY EXPANSION, INTERIOR RECOMMENDATION: We recommend this bid be awarded to the lowest evaluated bidder I meeting specification, Max Grigsby Co. in the amount of $52,595.00 I including basebid and alternate N2. SUMMARY: This bid is for the purchase of Laboratory Furniture and fixtures including work stations and storage facilities. These items-are I the second phase of the Municipal Laboratory expansion project. The lower price offered by American seating fails to meet specification and would require a change in the floor plan of the building under construction. An extensive evaluation was done by the using department and the architect. The results of which is included in attached memorandums. This evaluation is the basis for ; our recommendation. BACKGROUND: i Tabulates Sheet Memorandum from Howard Martin to John Marshall. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Munk p~a1 Laboratory { FISCAL 1MPACT: 1988 89 C.I.P. funds for Water Production 258 624-008-0480-9101 and 758 Waste Water Treatment 623-008-0480-9101. { 1 1 Respectful submitted: 1 Lloy Ha ell City Manager Prepared by: ~ Namet Tom D. Shaw, C.P.M. • Title: Assistant Purchasing, Agent I Titles Approved: Names Title: 012.DOC 1 j `f Y I I I I I HID# 9975 j MAX GRIGSBY I FISCHER l ;tMERICAN I ST. CHARLES I HID LAB EXPANSION I CO., INC. ISCIENTIFIC CO. I SEATING I MANUFACTURING I DALLAS, TX i INDIANA, PA I COMPANY I 1 OPEN APRIL 13, 1989 1ST. CHARLES, ILj i I I i~ ACCOUNT # _ I -I I I I -VENDOR NDOR i r # I QTY I ITEM DESCRIPTION i VENDOR 1 VENDOR VE I I I I I 4 ' I I BASE I 44,364.00 I 57,115.00 ; I 60,240.00 I j 001 I 440886.00 1 3,130.001 ALTERNATE 10006.00 11,905. 1 i I I I I I 5,103.50 j 6,301.00 i I I 1 ALTERNATE 2 8,231.00 NB I I I YES I NO (CASHIERS CHECK I NO BOND I I I I I I ~ I' I I I i i! f l I I I y TOTAL BID 1 53,601.00 1 55,210.00 I 49,489.50 j 63,411.00 l E I Alternate #1 Black Counter tops Alternate #2 Modular type work stations and chairs. i i ~ III i I I { 1 Cory of DEWON DENTON, TEXA9 70201 M E M O R A N D U M j TOi John Marshall, Purchasing Agent FROMi Howard Martin, Environmental Services Administrator ri 1 h DATEt 6/12/89 I SUBJECTS Laboratory Casework Bid 49975 The Division has completed the review of the bids for the I laboratory expansion casework. Based on the casework details provided by the prospective project bidders and inspection of their casework installation, I am recommending selection of Hamilton Industries casework as bid by Max Grigsby Co., inc. Although the Fisher laboratory casework is the casework of choice, it is difficult to justify the higher cost when products were compared on th• basis of utility. The primary f difference that sets the Fisher casework apart from the other suppliers is the greater availability of color schemes for the cabinet units and the countertops. This being the situation, the casework of the other two bidders was evaluated and the recommendation to utilize the Hamilton casework is based on the 4oilowinge 1. Load Capacity of Casework i The proposed laboratory design utilizes a combination of cantilevered work surfaces as well as floor mounted work surfaces. The primary difference between the American Seating and the Hamilton casework Is that American Beating utilizes cantilevered casework construction extensively as opposed to floor mount casework construction. American Seating proposes that approximately 69 X of the casework construction is I } cantilever type and 31 % is floor mount construction. Hamilton utilizes approximately e7 % floor mount and only 13 % cantilever type construction. Flo-)r mounted casework is preferable in our application because of the ability of the casework to support approximately 600 lbs per base unit as opposed to 200 lbs per pair of cantilever supports. EXHIBIT. J N 1-W V p.2 In casework applications where both manufacturers proposed cantilever type construction, the Hamilton furniture is rated at 400 lbs per pair of cantilever supports as opposed to the American Seating's 200 !bs per pair of cantilever supports. It should be pointed out that both manufacturers claim functional load capacity increases when using epoxy resin work surfaces. Actual load capacity must be determined through evaluation of the like support means but the basic support capability differences would remain. In casework application where both manufacturers propose floor mounted casework construction, load-bearing capacities are roughly equal. i 2. Casework Configuration I Both American Seating and Hamilton were able to supply casework configurations that would satisfy the proposed casework utility. The difference between the two proposals is that the American Seating casework would require minor I modification of the proposed laboratory design to utilize 4 their product. In addition, the type and er cabinet units would have to be modified to accomodatemtheirfcasework. Accomodation of the American Seating casework would require the following changess a. The installation of wall cabinets with fli the place of wall units with slidin peer roman in adjustable shelves. The rimar g glass front doors and i cabinets in this installation is theb15minchhheighter door limitation. Many pieces of glassware exceed 15 inches in height, examples include graduated cylinders (1000 ml volumetric flask (20000m1 long stem glass funnels, distillation condensers and burets. These pieces of glassware would have to be stored in another location. In addition, a double row of flipper door cabinets would be Haminecessltaronywaltolequabal the storage Because capacity fIipe of the proposed top, the opening and closing of the doorsdanthepto to the flipper door cabinets exceeds the height that a normmalow of i employee is able to reach without the benefit of step ladder or stool. The American Seating rppresentative did say that they could supply wall cabinets in the place of flier 1 cabinets but no information was received on these units during the review period so the bid proposal was reviewed as originally proposed. ` b. The configuration of the base cabinet units would require f modification of the proposed design. Deviation from the original floorplan is most noticable in the open wet chemistry area. The American Seating proposal does not i J„ P.3 accomodate turn tables (Lazy Susan) in the corner cabinet unite and substitutes a regular base unit which mounts diagonally. This in turn reduces the proposed base units against the west wall. By eliminating a base unit, scaae flexibility in the proposed drawerb/cabinet storage configuration is reduced. Additionally, by utilizing the cabinet configuration required to accomodate the proposed dishwasher, a base unit housing a set of drawers is eliminated. c. The proposed casework for the center island work stations incorporates an and sink in the design. The American Seating sink unit is a smaller unit with less countertop area than that proposed in the origin+l design. The American Seating representative indicated that he could provide the same width sink and countertop area but that it would have to be done with two base units instead of one (as designed). The problem with this configuration is that the sink could no longer be positioned in the center of the island end. Included in the design are several small items that were not addressed by American Seating. The laboratory design included dust covers over all wall mounted cabinets. There was no indication in the bid proposal that American Seating could supply these dust covers. In the GC and carbon room there is a countertop overhang on the east wall that was not included in the American Seating drawing. j The Hamilton bid proposal can supply exactly what was designed with no modifications to casework configuration. Hamilton can provide the nunber, type and size of casework specified in the proposed design. 3. Fume Hood Criteria In attempting to evaluate the characteristics of laboratory fume hoods available from Hamilton Industries and American Seating Company, several important differences became apparent. The Hamilton hoods are manufactured by Hamilton Industries whereas the hoods offered by American Sc:ttv9 are manufactured by Air Master Systems Corporation. We were able t to inspect Hamilton fume hoods operating at Environmental Processing Incorporated in Dallas and a JC Penney, Inc. quality assurance lab. in Carrollton. Monitor/alarm sensitivity was exhibited at EPI when a correctable air-flow imbalance activated the Hamilton system. The Hamilton Monitor/Alarm System is designed and specified to "signal conditions when fume hood average face velocity and exi.iaust volume drops 70 % of that specified, " whereas the nlarm system in the Air Master Cystems (American Seating) fume hood y I s a p.4 is specified to activate when "there is a pressure drop or something." An obvious problem associated with comparing the operation of hoods offered by Hamilton and American Seating is a lack of standardization of specifications. Hamilton industries provides extensive specs including face velocity (sec.11.9.9) and hood static pressure (sec.11.4.12) test procedures which closely reflect those recommended by the American Conference of Governmental Industrial Hygienists ( A Manual of Reccomended Practice . 18th Edition. 1984). Hamilton's test results of the polyresin hood liner material indicates a flexure strength of 209000 psi with a flame spread of 15 or I-as per 723/ASTM E84. Hamilton results of chemical spills and flume tests indicate resistence of the fume hood liner material to 49 reagents including but not limited to concentrated acids. Hamilton Industries also specifies minimum average interior illumination of 80 foot candles. American Seating Company does not provide specifications from Air Master I Systems addressing fumn hood liner material strength and chemical resistance. 4. Epoxy Resin Tops Both American Seating and Hamilton utilized similar testing procedures for chemical resistance profiles of the epoxy resin work surface. The Hamilton work surface was tasted against 50 different chemicals solutions where American Seating work surface was tested against 38 chemicals. While both resin work surfaces performed adequately in these tests it is noted that all the solutions tested on the Hamilton epoxy resin work surface received a "good" or better rating where the American Seating resin received a "poor" rating on phenol solution and 95% sulfuric acid solution. The information supplied with the Aa-vrican Seating was vague and did not categorize different ratings as adequately as the Hamilton testing information. This made evaluation of the work surfacr very difficult. S. Existing Casework Installations in evaluating existing installations, we found that most of the American Seating installations were medical and industrial types of installations. I received only four references for chemical testing laboratory installations and the only reference in the State of Texas was Kelly Air Force Base in San Antonio. I visited Kelly and talked with the employees working in the laboratory with the American Seating casework installation (the installation was approximately 1.5 years old). Their overall evaluation of the American Seating casework was "fair". They indicated that it was adequate for their operation. Some of the problems that they had with the casework were three or four incidents of broken spot welds on s p•5 J drawer runners, a large 4 foot sliding drawer continued to 1 malfunction, there was limitation on glassware height in flipper door cabinets and there were some problems with wrong casework components being shipped during installation. They did say that American Seating had worked with them to correct these problems as they occurred. Hamilton had many references for chemical testing laboratories and submitted a list of three located in Dallas , I visited two more in San Antonio. Everyone seemed to be satisfied with the Hamilton install,stions, even in the older installation. r 1 SUMMARY In summary, the Division is recommending acceptance of Hamilton casework as bid by Max Grigsby Co., Inc. based upon the evaluation indicated above. We feel that the American Seating bid would require a compromise on floor plan design to j accomodate the proposed casework. Hamilton casework is widely used in chemical testing laboratories and we anticipate that j it would provide long term utility for our operation. `111 I FILEiLABBID PT-DISK C { J 1 1 II 4 I r low f_ , s • ' I I i i i 1 i a; a ~c . 2651L-1/3689 N0. 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, equip- went, 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 j services as shown in the "Bid Proposals" submitted therefor; and - WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the j materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, J THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bide for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the Office of the City's Purchasing Agent filed according to the bid number assigned thereto, are hereby accepted and approved as being the lowest responsible bids J for such items: HID ITEM NUMBER NO. VENDOR AMOUNT 9987 1-9 Casco Industries $ 17,884.60 SECTION II. That by the acceptance and approval of the above f numbers items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and a reel to purchase the materials, equipment, supplies or services in j accordance with the terms, specifications, standards quantities I and for the apecified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting aPprove an accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the 1 r 3 ' d 1 e acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents + herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numb ere --items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1989. I RAY I , MAYOR ATTEST: JENNIFER WALTERSg ZITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY., r i PAGE TWO i I ~ I A l a t DATE: July, 110 1989 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 1 9987 Fire (lose RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification Casco Industries in the amount of $17,884.60, FOB Denton. SUMMARY: This bid is for the purchase of fire hose and fittings. This materia will be utilized to replace older equipment and also to increas the capabilities of some of the ~ engine companies. The lower price offere ` by Koetter Fire Protection does not meet specifications. The coupling on the Angus Hose bid by Koetter is not a field repairable type as I k required in our specification. if the hose requires recoupling due to a leak or damage it must be sent to the service shop in Dallas. The cost is approximately $125.00 per hose plus transportation both ways. The snaptite hose bid by Casco is a bolt on type coupling and can be easily repaired by our fire department personnel. The $579.85 differenc in the two lowest bids would be quickly recovered in repair savings. ` BACKGROUNDt I4 Tabulat on Sheet. f PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Fie Department FlUC.AI, IMPACT s I Fan csfor t-h-lis purchase have been budgeted in account number 100-060-0051-9106 capital expenditure machinery and equipment. Resectfully submittedt I i 1,1066 V. llarrell City Manager Prepared by: Names Tom D. Shaw, C.P.M. • Titles Assistant Purchasing Agent Approveds Names John J. Marshall, C.P.M. Titles Purchasing Agent 1 6 } BID 4 99A7 py~ BID FIRE. 1105E O OPEN JUNE 13, 1989 N SGT ACCOUNT i 100-060-0051-9106 ~ i K 1, a m 1 1 - Y/CONNpCT1ON4 1 . i 3 ITOSE Y/CONNECTION3 326 190.00 215.60 ;213.00 229.00 215.00 275.00 225.00 230.00 4 HOSP. weCONNECTiON9 129.00 159.40 152.25 169.80 166.20 194.00 165.00 155.00 S HOSE Y CONNECTIONS 135.00 129.99 115.50 120.00 130.00 137.00 129.00 86.00 k 6 FITTINGS 86.00 80.00 96.00 78.00 104.00 134.00 120.00 ( 88.00 7 FITTINGS 134.00 120.40 109.00 107.00 130.00 156.00 40.00 124.00 FITTINGS 0 108.00 76.00 111.00 118.00 06.00 110.00 1fiT AU-U- -UAAU- 0 106.00 145.00 692.00 22.00 670.00 TIONAL ANCUS NAPTITE ARNTEII NIEDN ANGUS PTITE ORTHLIN RED R ADAPTER HFT. SNAPTIT ANG ANGUS NATIONAL ANGUS NAPTITE NAPTITE IARRING N TOTAL BID 7884.6 19073.1 17304.7 18553.0 18099.00 23190.00 28323.00 19425.00 - - w f , it { > tY f r a~ I ti MEMORANDUM T0: John Marshall, Purchasing Agent FROM: Joe Howard, Dep,aty Fire Chief DATE: June 16, 1989 SUBJECT: FIRE HOSE k RELATED EQUIPMENT Upon reviewing the various bide for hose and equipment we find the low bid meeting apecificatioi,a to be the bid of Casoo industries, and recommend that they be awarded the bid. I 1 YJAoe Howard JH/bf i I I I w ` .a f d I I I , i IE ~ i i J I 1 I ~Y j 2651L-1/3689 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 EFFFrrIVE DATE. WHEREAS, the City has solicited, received and tabulated ^1 competitive bids for the purchase of necessary materials, equip- ment, 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 therefor; and WHEREAS, the Citq Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCI14 OF THE CITY OF DENTON HEREBY ORDAINS: 9 SECTION I. That the numbered items in the following numbered bids for mterials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the Office of the City's Purchasing Agent filed according to the bid number assigned thereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 9995 1 Southern Asphalt .3650/gal 9995 2 Kock Materials .3761/gal 9995 3 Kock Materials .5761/gal 9995 4 White Mines 18.14 ` 9995 5 White Mines 17.64 f 9995 6 White Mines 17.64 9995 7 Jagoe Public 21.50 9995 8 Sunmount 21.10 9995 9 Jagoe Public 19.50 9995 1 Jaoe Public 20..50 9995 11 Jagoe Public 20.50 j 9995 13 Sunmount 21.43 ~ A Tres t• d SECTION II. That by the acceptance and approval of the above numbereditems of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved--an-d- pprove an accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. j SECTION IV. That by the acceptance and approval of the above' 11 numbered tems of the submitted bids tue City Council hereby authorizes the expenditure of funds therefor in the amount and in a,:cordance with the approved bids or pursuant to a written ccntract made pursuant thezeto as authorized herein. SECTIC',,' V. Tnat this ordinance shall become effective ! immea ai to upon its passage and approval. L PASSED AND APPROVED this day of , 1989. l i ~ i + RAY STEPHENSO MAYOR ATTEST: f I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE TWO J g, t~ DATE: July 11,1989 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Bid 19995 Asphalt, Fmulsions and Road Materials.' RECOMMENDATION: We recommend this bid be awarded to the lowest or lowest evaluated bid for each item as follows: Item 1 AC10 Liquid Asphalt Southern Asphalt .3650/gal Item 2 CRS-2 Emulsion Kock Materials .5761/gal Item 3 MP2 Emulsion Kock Materials .5761/gal Item 4 PB-2 Aggregate White Mines 18.14 Item 5 Pb-4 Aggregate White Mines 17.64 Item 6 PB-5 Aggregate White Mines 17.64 Item 7 Type D Hot Mix(12yd) Jagoe Public 21.50 Item 8 Type D Hot Mix(Trailer) Sunmount 21.10 Item 9 Type D Hot Mix(Picked up)Jagoe Public 19.508 Item 10 Type A Hot Mix(l.2yd) Jagoe Public 20.50 Item 11 Type A Hot Mix(Trailer ) Jagoe Public 20.50 i Item 12 Type FF Ilot Mix Sunmount 21.49 SUMMARY: This hid is for the annual contract for Asphalt, Emulsions and v Road Materials. This material will be used by the Street Department for street repair and construction. Quantaties will vary and material , will be order as needed. J "The lower price offered by the other bidders for Hot Mix picked up in our trucks involve trips to Weatherford for White Mines at $16.00, Lewisville for Reynolds at $18.50, Justin for Sunmount at $18.90 and The Colony for Gohmann at $19.00. The additional time, miles and exposure to traffic for our fleet of trucks is not offset by the small dollar difference between product prices. The $19.50 per ton bid by Jagoe Public is the lowest evaluated bid. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Public Works FISCAL IMPACf_ ' Budget Funds,CIP Funds and Bond Funds as approved. i 4Re ul y sybmitte V. IEarrell City Manager I Emoff- Ir wow n Page 2 City Council Report Prepared by: Names Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: i Name: Title: i I i { h 1 i 1 f --I. low 4 r f I ~T i 31D t 9995 BID--AzRoadrfAla NNITE Nright Jasoe Southern Flna Oi] Reynolds Elf Rt•4eulsion Mac y Gohmann ' Koch Sunwon OPEN 2p.M. June 29, 1989 MINES Asphalt public Asphalt and Asphalt Asphalt As,~halt Materl Corp. DIV. Product Co. 6 Chemical Co. Coast. i Cons t. VULCAN Co. Petroleu ACCOUNT 1 MATERIAL Co Co. Co. . T E T 0 E F. E F 1 ACID LIQUID ASPHALT .1320 EN E 2 .3650 .5023 C RS EMULSION .5868 3 M52 EMULSION .581 .5761 5868 / P82 AGGREGATE .581 .5761 18.11 S PBI AGGR TE 6 PB 17.64 I ~ 1 i TYDR n f l wn tnan TRAILRR__ _ 22.80 22.50 V 9 TYPE D (PICKED UP) 16.00 22.00 21.10 19.50 18.50 j 1D TYPE A (12 YD LOAD) 22.61 _ 19.00 18.90 11 20.50 22.30 TYPE A (TRAILER) 21.39 22.00 20.50 12 Type FF (TRAILER) 21.s1 23.61 20.60 23.50 JLAL_ i J I i +f P i g~ F i 11111 Hjgf-FFf+44j I llllgg~gi H±!~~ r i 1 i i i t 1 I li i I i 1 J r i 2717L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON PENNSYLVANIA DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. -1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle at anytime upon the following street or portion thereof, in the City of Denton, to-wit: The east side of Pennsylvania Drive from its intersection with Teasley Lane to a point 596 feet South. I The west side of Pennsylvania Drive from its intersection with Teasley Lane to a point 496 feet south. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or applica- tion thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it wo.ild have enacted such remaining portions despite f any such invalidity. SECTION III. Any person who shall violate a provision of this ordi r fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any { such violations such person shall be punished within the limits 11 above, SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this 7777"9 M ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR ATTEST: I I JENNIFER HALTERS, CITY SECRETARY j i I I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1 BY: l I 1 ~ J~ ~ J i J 1 i } rn ~ z SLED/ ~ _ ~ LA ME d G ~ 1 1 G f i CTSSC MEMO April 26, 1969 page 2 these studies it is obvious that the is acti?!b at the intersection does no et the warrants o all-way stop contr Speed limit signs of 30 mph ha posted ynhurst near the intersection. Occasiona ing apparently does occur at this location so all over the city. Therefore, strongly fee s pis an l enforcement i hich can be better handled by'1"TROW 1 Police D en t. strongly recommends denial of request. wear ITEM t4 REQUEST FOR NO PARKING ON THE SOW SIDE OF PENNSYLVANIA DRIVE BY THE IMMACULATE CONCEPTION CATHOLIC CHURCH: The Immaculate Conception Catholic Church is requesting a no parking ordinance on the west side of Pernsylvania Drive from its intersection with Teasley Lane to a point 456 feet south of the intersection. This will be necessary for a better traffic control in the area especially church services and other activities. Staff feels this request is a positive thing for the i general area considering there are two churches there in addition to the Houston Elementary School. According to Immaculate Conception Church E j representatives, Dr. Juanee Surprise, she has contacted the Southmont Baptist Church for a no parking on the east side of Pennsylvania just opposite present request. She said they like the idea and will submit their request to the commission as soon as possible. staff recommends approval for no parking. ST -UM ITE RE UEST FOR A DRIVEWAY ON GREENWOOD AT THE SO LOT AT THE INTERSECTION OF GREENW00 Mr. Weldon s is requesting veway to access 0 0" a utility build is bar rd. He said this is necessary for easy in nd egress in and out of the yard. The exist s n impedes traffic on Greenwood since as to almo completely to drive over th rb to access the ut wilding. The 0sed driveway does not conform wi he C s Subdivision and Land Deve10pment'Regulations. { i t ' F 1 k CTSSC MINUTES May 1, 1989 page 4 STA NDATION: Denial of request COMMISSIONERS: r a motion to deny the request and to con more heavily on patrolling the area lators. Chadwick seconded the motion. on assed unanimously. ITEM 14 REQUEST FOR NO PARKING ON THE SOUTH SIDE OF D. inc IMMACULATE CONCEPTION Paul Iwuchukwu presented the request. fie said the Immaculate Conception Catholic no parking ordinance on Church h west iside lof Pennsylvania Drive from its intersection with Teasley Lane to a point 456 feet south of the intersection. The pastor for Southmont Baptist Church, Larry Reynolds has met with representatives from the Catholic Church and they have agreed that no parking should be posted on both sides of the street. Dr. Reynolds iron uj~ta -E-huf<-h said he could not attend the CTSSC meeting but would send a formal letter stating that request. I Tompkins said both church lots were fairly large. Why would they want to restrict parking at this time on such a wide street? Iwuchukwu said they want to provide a left turn lane for people making a left onto Teasley. If parking remains on the street, the left turn lane would not be feasible. Erwin asked if the property in the areas being discussed belonged to the Catholic Church. Iwuchukwu said that was correct. No other property owners were involved. Chadwick asked if there would be any curb cuts in that length for parking access. Iwuchukwu said there would be. Jim Englebert came forward to address the c rase ommission. He said he had some background into the having Commission. The Catholic Addition Planning ng theafinalZnin oplat on a large section of property to the west. There are a number of single family lots that join Pennsylvania. They own those lots and have come and asked to replat into one unit so a parking lot could be built. That has not been approved. However, without that they have the right to build entry ways through those lots. All that would stop them from I i Y N CTSSC MINUTES A May 1, 1989 page S putting a parking lot there. They are zoned residential and could build driveways through them into their property that is platted. They are going to do that. No matter what happens whether they get that approved for a parking lot or not, they are going to put driveways there to get into their property. When it came before P b Z, the issue was what is going to happen when the churches all let out between 11:00 and 12:00 on Sunday. The curb cuts for Southmont are south of that 50 - 60 feet, So two churches are going to be letting out at the same time and how are they going to get onto Teasley. One of the options was to create a left turn lane. STAFF RECOMMENDATION: Approval COMMISSIONERS: bavid Grahm made a motion to approve the request. Doug Chadwick seconded the motion. Motion passed with Gore, Chadwick, Graham, Erwin and Chamberlain voting yes. Gallian and Tompkins voted no. mum* ITEM RE UEST FOR A DRIVEWAY ON GREENWOOD AT THE SOUTHWFAY GREENWOOD: Pa wuchukwu presented the request, he sa' eldon Andre requested a driveway to access utility bulldin his back yard. Andrews aske this to obtain ea ingress and egress to of the yard. The sting situation i traffic on Greenwood sine a has to almost completely to drive over the c to access th ity building. The proposed drive doe conform with the City's Subdivision and velopment Regulations. The lot already has a way on Greenwood. Only one driveway or curb allowed per lot. Also, Greenwood is a enti street but it is functioning more a co lie and is carrying a significant am traffic. Weldon A came forward address the Comm'ssi said his prime reason wanting the curb cu as to access his utility lding. He f would er have a curb cut than ride ove a curb. An s said if you survey the area, y will d over several secondary curb cuts for th same rpose. There is no other access to the back d. t would be easier to back a boat into the ptope ty k by way of a curb cut rather than over the curb. i i i HOWELL CHIROPR ACTlC CLINIC 1129 AVENUE C CARRIAGE SQUARE OENTON TEXAS 7F^^1 (817) 566.0000 56( 31/3 April 18, 1989 Paul Ivuchukvu Citizens Traffic Safety Support Commission 215 B. McKirney Street _ Denton, TX 16201 Dear Mr. Ivuchukvu: On behalf of the immaculate Conception Catholic Coanunity, I an writing to ask that the Commission have 'NO PARKING AT ANY TIME, signs erected along the east side of Pennsylvania Drive from Teaseey Lane southward 156 feet. 1 our reasons for this are: (1) The Catholic Addition, Phase I All be built on the 10A cel we onrthe street whichmight enclosed encumber a local or wisemergh to traffic on Pennsylvania Drive. (2) we have had a traffic Impact study done which gives this request as a primary tool in controlling traffic congestion on Pennsylvania Drive. we will be meeting with the property owner, Southmat Baptist, immediately across the street to see If they would also request the same action on the west side of Pennsylvania Drive so that there could be no parking on either side from Teasley Lane southwsrd 156 feet. Should you have further questions, please contact me at 566-0000. Thank you and the commission for prompt, affirmative action on this request. Sincerely yours i uan e 8 r e, R.N,, D.C. SnclosurG c 110 Family Pro vsnlallve and Whoils tlc Health Care I TWO or low 1 1 f I 1 I i 6i Ld f-16' L k I J DATE: 7111/89 , CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT: Consider adoption of an ordinance setting a moratorium on the establishment of sexually oriented businesses. RECOMMENDATIONi The Planning and Zoning Commission recommends adoption (5-0). SUMMARYt r The ordinance places a moratorium on the establishment of sexually oriented businesses within 1,000 feet of a church, school, or public park adjacent to a residential district or property line of a lot devoted to residential use. It will be effective for a period of six months during which time the city may consider an ordinance to regulate the subject business. BACKGROUND: Please see attached surmary report on the secondary effects of sexually oriented busiiessee. The report documents clear and convincing evidence of the adverse socio-economic and blighting i impacts of sexually oriented businesses experienced by other cities. ! PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Potential sexually oriented businesses. FISCAL IMPACT: ! Not applicable. 1 Respe ally ubm t d: 1 I, I Prepared byt oy Y. Harrell p City Manager Harry N. Persaud, AiCP Senior Planner AWre Robbins, AICP n 'k ff. Executive Director Planning and Development 18251 i ~ 1 l~ f I ATTACHMENT 1 L NO. J~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING A MORATORIUM ON THE ESTABLISHMENT' OF SEXUALLY ORIENTED BUSINESSES BY PROHIBITING THEIR LOCATION WITHIN A RESIDENTIAL DISTRICT OR WITHIN 11000 FEET OF A CHURCH, A PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL, A DAY NURSERY OR KINDERGARTEN SCHOOL, THE BOUNDARY OF A RESIDENTIAL DISTRICT, A PUBLIC PARK ADJACENT TO A RESIDENTIAL DISTRICT, OR THE PROPERTY LINE OF A LOT DE40TED TO A RESIDENTIAL USE, PENDING THE STUDY, REVIEW, AND DISCUSSION OF A PROPOSED ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE EFFECTIVE FOR SIX MONTHS; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the Planning and Zoning Commission, based upon a preliminary review, has determined that sexually oriented , businesses may haVA certain undesirable secondary effects upon other land uses if their location and operations are not properly regulated; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the City Council believes that it would be in the public interest to enact a moratorium on the location of sexually oriented businesses for a period of six months so as to enable the Planning and Zoning commission and city council a reasonable time to complete the study, review, and discussion of a proposed ordinance regulating sexually oriented businesses; Now, Therefore, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. A person connits an offense if he operates or causes to be operated a sexually oriented business within a residential district. SECTION II. A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet: of a church, a public or private elementary or secondary school, a day nursery or kindergarten school (as defined in Appendix B - Zoning of the Code of Ordinances), a boundary of a residential district, a public park, or the property line of a lot devoted to a residential use. Measurement shall be made in a i straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a i part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, day nursery or kindergarten school, public park, or lot devoted to a residential use, or tV the nearest boundary of a residential 1-1 I district. SECTION III._ A person commits an offense if he or she operates or causes or permits another to operate a sexually oriented business which is located within 1,000 feet of another sexually oriented business. The distance between two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the businesses are located. GFCTION IV_ A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof. SECTION V. That the words used in this ordinance shall have ' the following meanings: i i Adult Arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or ` "specified anatomical areas." r Adult Bookstore or Adult Video Store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: (A) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representation which depict or describe "specified sexual activities" or "specified anatomical areas"; or (B) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." Adult Cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features: (A) persons who appear in a state of nudityl or (B) live performances which are characterized by the MORATORIUM/ PAGE 2 1-2 Ir low exposure of "specified anatomical areas" or by "specified sexual activities"i or (C) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult Motel means a hotel, motel, or similar commercial establishment which offers accommodations to the public for any form of considerations provides patrons with -1 closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions. Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction of "specified sexual activities" or "specified anatomical areas." Adult Theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." Nude Model Studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other + persons who pay money or any form of consideration. Nudity or a State of Nudity means: (A) the appearance of a human bare buttock, anus, male genitals, female genitals, female breasts; or 1 (B) a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Residential District means any zoning district which has been designated as an agricultural, ona-family, two-family, or multi-family zoning district, or any area within a planned MORATORIUM/ PAGE 3 I 1-3 development zoning district which is designated for residential use, as shown on the approved site plan for the dist"ict. QPSidgntial Use means a one-family, two-family, or multi- family dwelling, trailer camp, mobile home, or mobile home park, as defined in Appendix B - Zoning of the Code of ordinances. SSemi-Nudo means a state dress in which cloths a covers no more than the genitals, pubic of the female breast, as well as portions of the body covered by supporting straps or devices. Sexu ^ BLSSngsg means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or nude model studio. specified Anatomical Areas means human genitals in a state of sexual arousal, tiv means and includes any of the following: (A) the fondling region, buttocks, 1ianusf orefemale genitals, , p breasts: simulated, or sodomy; (B) isex acts, normal or ncluding intercourse oral copulation, or (C) masturbation, actual or simulated; or (D) excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. 'I person violating any provision of thin r', ON~ That any ordinance shall, upon conviction, be fined that a mprnot ovisionexceed of gthis Thousand Dollars ($2,000). Each day ordinance is violated shall constitute a separate and distinct offense. t sF~TION VII. That this ordinance shall become effective 1 fourteen (14) days from the date of its passage and shall E thereafter continue to be in force and effect for 180 days from the date it becomes effective. SECTION VIII. That the City Secretary is hereby directed to cause the :aption of this ordinance to be published twice in the MORATORIUM/ PAGE 4 1-4 s Denton Record-Chronicle, the official newspaper of the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. Ray Stephens, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY By:-Y\Atn~ ~ v I ' } I MORATORIUM/ PAGE 5 1-5 I I S ATTACHMENT 2 A SUMMARY REPORT ON Td L+ SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES 1. Background J In 197d, the Supreme Court affirmed the City of Detroit Police power i ability to control the locations and density of adult entertainment businesses in order to protect the health, safety, and welfart. of its citizens. As a result of Young vs American Mini Theaters, Inc., J several cities have initiated zoning ordinances to control the 11 proliferation of sexually oriented businesses. So far there are two Aistinct approaches to control and regulate sexually oriented businesses. (a) The Detroit, Michigan approach (1972) which created a dispersal of ' sex-oriented businesses intended to separate these uses from residential neighborhoods and spreading them throughout the commercial and industrial areas. I (b) The Boston "Combat Zone", (1971) established an overlay adult 1 entertainment district in which additional special uses would be j permitted in designated commercial zones which were not permitted j in these zones on a City wide basis. It was intended to coa- • ceatrate all adult entertainment in a small area so as to prevent the spread of these uses to other areas of the City. i All of the cities with sex-oriented business ordinances reviewed for this report have adopted the Detroit dispersal approach. The Detroit Ordinance attempts to disperse adult book stores and theaters by providing that such uses cannot, without special permission, be located within 1,000 feet of any other regulated uses or within 50J feet of a residential area. 2. Secondary Effects of Sexually Oriented Businesses There are clear and convincing evidence of the adverse socio-economic and blighting impacts resulting from sexually oriented businesses. Some of that evidence has been taken from reports of other cities about their experiences with sexually oriented businesses. The following paraphrased statement concerning Mason City, Iowa illustrates the potential for growth of sexually oriented businesses. + "Between 1%3 and 1%4 , go-go dancers gradually began to appear in the } lounges and bare of the town. By 1% 5, the dancers were topless. In I 1973, the City received an application for its first adult movie house license. The license was refused (probably by as arbitrary ai.d sub- jective decision). The applicant filed a judicial appeal and won the case forcing the City to grant the license. In 1973, an adult book store opened complete with sex novelties and movies. Also in 1913, a popular lounge hired totally nude dancers. Your competitors soon followed suit. Finally, the City gained its first massage parlor."2 II 2-1 4 i J Swamary deport-Sexually Oriented Businesses Page 1 In Los Angeles, the Police Department reported that crimes such as homicide, rape, aggravated assault, robbery, burglary, larceny and vehicle theft were twice as high In the Hollywood area compared to the rate for the City as a wnole3. Street robberies, wherein the victim J was directly accosted by their assailants, increased by 93% over the I period 19,9-1975 in the Hollywood area. The City-wide rate increased by 26% over the same period. The number of arrests for crimes such as forgery, counterfeiting, embezzlement and fraud, stolen property, prostitutioas narcotics, liquor laws, gambling and other misdemeanors increased by 55.5% in the Hollywood area between 1% 9-1975, compared to City-wide increase of 3.5X. Prostitution arrests increased 372.3% between 1939-1975 in the Hollywood area compared to 24.5% for the city as a whole. r~ At the time of this study3, the Hollywood area contained 99 or 48% of the 207 adult entertainment establishments in Los Angeles. Adult entertainment Included motels, massage parlors, adult book stores/ arcades and adult theaters. In an effort to determine on an empirical basis the effects of adult 1 entertainment facilities on surrounding business and properties, the I Los Angeles Planning Department administered a questionnaire survey In I 19773. The Department reported that the assessed valuation of properties In areas containing concentrations of adult entertainment businesses have generally tended to increase to a lesser extent than 1 V r similar areas without such concentrations. ' The results of the survey identified the following adverse Impacts. (a) Difficulty fa renting office space. ? (b) Difficulty In keeping a desirable tenant. (c) Limit hours of operation. (d) Deter patronage from women and families. (e) Affects the morals and safety of children. (f) Increase litter and graffiti. (g) Blighted and sleazy aesthetics. J i The Los Angeles Planning Department also mailed questionnaires to professional appraiser sampled from membership of the American Institute of Real Rstate Appraisers. fhe results of that survey indicated that$ f (a) 61.71 of the e s felt that adult e establishmentsdecreasethemarket values ofeothermbusiness j properties located in the vicinity of such establishments. i (b) 37.9% of the respondents felt that the rental value of business properties located In the vicinity of adult entertainment businesses decreases. (c) 721 of the respondents felt that tine annual Income of business located is the vicinity of adult entertainment business decreases. 2-2 r Summary Report-Sexually Oriented dusiaesses i Page 3 The Amarillo Police Department In a statistical analysis of street crimes including rape, robbery, all assaults, theft from persons, auto burglary, driving under the influence, public intoxication, vandalism and illegal weapons, found that the incidence of street crimes was significantly greater around the concentrations of adult only busi- nesses than the average for the City as a whole. The analysis concluded that street crimes were two and a hilf times the City average in the immediate vicinity of alcohol and adult only businesses and one and a half times the City average surrounding businesses featuring alcohol and semi-nude entertainment. Adult only businesses included adult book stores, adult mini Notion picture theaters (peep shows), adult motion picture theatera, artist body painting studios, eR.ring places with adult eatertainmeat, exotic photo studios, lounges and bars (topless and bottomless) massage parlors, nude theaters and nude r' wrestling parlors. In order to illustrate the impacts of adult entertainment estao.lish- meats, the City of Las Vegas also administered a brokers and realtore f 1 questioauaire survey. The survey results were reported to the City Commission as follows5. (a) dil of the respondents felt that adult entertainment establish- meats decrease th.e market value of business property. (b) 8U% of the respondents felt that adult entertainment establish- i meats decrease the reatal value of businesses located ii the vicinity. (c) 82.6% believed that adult entertaiament establishments decreased the annual income of businesses located in the vicinity. (d) 82.o% believed that adult entertainment establishments decreased the annual income of businesses located in the vicinity. (e) 51.52% of the respondents felt that adult entertainment establishments decreased the market value of private residences located more that 1,000 feet away from such establishments. (f) A significant number of the respondents believed that vacancies, rate of tenant turnover, complaints, neighborhood appearance, crime and litter all increased with proximity to adult entertainment establishments. The adult entertainment establishments considered in this survey included adult book stores, ms^sage parlors, peep shows, bare with j X-rated entertainment, nude topless dancing, adult theaters, adult motels and other sex shops. I The Police Departmeat of the City of Beaumont has concluded that adult uses such as bare, lounges or tareros and especially those featuring such sexually oriented activitiej as exotic dancers and go-go girls are the frequent scene of prostitution and the sale and use of narcotics. Crimes against persons such is mugging are also above average in such areas'. 2-3 1 ~L V Summary Report-Sexually Oriented Businesses Yage 6 In Houston, a :ommittee on the proposed regulation of sexually oriented businesses reported to the City Council in November, 1983, on the negative impacts of adult uses on economic development7. According to testimony given to the Houston City Council "the sexually oriented businesses clustered in that area ace apparently able to pay extra- ordinaril; high monthly rents - much higher than piny non-sexually oriented businesses can afford. The result is the shutting oL:'- of many non-sexually oriented businesses which could survive economically except for the artificial high rents." The committee also reported that "how the atmosphere created by clustering of such businesses made it difficult for many sexually oriented businesses to attract sufficient clientele. The inability to attract "seed businesses" has, in turn, made it difficult to encourage other larger scale quality development in the area. It has also discouraged those who wish to reside in the area and thereby continue the mixed development plan of land uses that has historically made that area unique." ^r. AAdrew Rudnick of the Rice Center gave expert testimony to the Houston City Council on June li, 1983. He attested to the fact that the establishment of sexually oriented businesses had detrimental effect on property values at least in part because they were perceived adversely to affect the quality of life - including among other things such issues as suitability for family activities and stability of neighborhood environment." Another study of the impacts of adult entertainment businesses % conducted in Indianapolis in 19&4, confirmed the findings mentioned s earlier in this report. The study compared crime rates for selected areas with adult entertainment businesses (study areas) with those of similar areas without such businesses (control areas )8. The study aggregated crime statistics over the period 1978-1982 for rape, indecent exposure, obscene conduct, child molestation, adult molestation and commercial sex. A total of 153 sex related crimes were reported in the control area over this period with a high of 39 in 1979 compared to 198 In the study area with a high of 52 in 1991. whereas sex-related crime rates in the control areas varied from a low of 19.7 In 1978 to 33.6 in 19790 the study areas increased from 22.3 in 1978 to 60.9 in 1981. The average sex related crime in the control area was 25.k over the five- year period. The rate in the study area was 77Z higher with 453 over the same period. The study utilized data from Multiple Listing ServiLes 041,S) and the Home Mortgage nisclosure Act records of actual mortgages processed and reported by local lendecv to analyze the adverse impacts of adult entertainment businesses oa property values. Average mortgage values C in the control area Increased by 71A from 918,039 in 1919 to $28,420 in 1982. Over the same period average mortgage values for the study area increased by 28X from $23,823 to $30,09u. The Indianapolis Planning Department consulted with the Indiana School of Pusicess to conduct a national surtiey of real estate appraisers in order to determine the impacts of adult entertainment businesses ou both residential and commercial property values. A 20% sample was drawn from membership of the American Institute of Real Estate 2-4 f Summary Report-Sexually Oriented Businesses Page S Appraisers. Respondents were asked to rank the impact of an adult book store on residential sad commercial property values with in one and three blocks of the book store. The results of tt.e survey are as J follows. (a) 80% of the respondents felt that an adu`.t book store would have a negative impact on residential property values and 12% felt that J there would be a detrimental effect on commercial property values. (b) The greater majority of the appraisers who responded felt that there is a negative impact on residential and commercial property values within one block of an adult book store. (c) This negative impact dissipates markedly as the distance from the site increases so that at three blocks the estimates of negative impact decreases by more than one-nalf judged by the number of respondents indicating negative impacts at three blocks. (d) fhe majority of the respondents felt that the negative impacts of an adult book store is slightly greater for residential pro--sties than for commercial properties and decreased less dramatically with distance from residences. The City of Phoenix conducted a similar study in 1919 designed to determine the impacts of adult businesses in the community l. In that study, the City of Phoenix Police Department statistics shoved that there are about 1i0X more property crimes per l,000 population in areas j with adult businesses compared to similar areas with no such busi- messes. rho study also point-:J out that sex crimes including indecent I exposure were sigalficantly higher in areas with adult businesses compared to areas with no such businesses. Similar studies in City of Austin concluded "that there can be serious detrimental impacts on the neighborhoods surrounding adult entertain- meat business sites. Sex related crime rates are two to five times higher than the City-wide average rate for those crimes. Sex related crimes are substantially higher in areas containing more than one adult business site than in areas where a single adult business was located." In the City of San Marcos Zoning Commission hearing on November 31 1987 1 testimony given by citizens indicated the general feeling that e sexually oriented business serve as an "AIDS factory"..."inflicting diseases on the rest of the community" and Increasing the incidence of child abuse. The Police Chief testified that the Police Department "received numerous complaints regarding adult book stores in San Marcos" and "that one individual had to be assigned exclusively to handling aaawering of letters to citizens."ll Only recently in Lopez vs.__State, Court of Appeals of Texas12, the court upheld the Houston Ordinaare intended to diacourage use of adult arcades as places of sexual encounters or solicitation. The Ordluance is based on findings that persons who have sexual encounters in adult arcades have been treated for sexually transmitted diseases and that arcades with booths, not subject to observation by employees, present fire hazards and :ire more likely to be used for sexual encouatere.13 I 3. Ordinances Regulating Sexually Orient id Businesses by disperr it. 2-5 1 1 ~ 7. t ORDINANCES REGULATING SEXUALLY ORIENTED BUSINESSES BY DISPERSAL ! I Distinct j Distance From I I I f City I Uses Controlled l from Residential I Churches/Schools I Concentration I Amortization I Appeals Procedure I Omar Controls Seattle I Adult theaters J I I I Yes - 90 days + I Allow only In SR. I f I I I I 1 CH. 1 Cln tones; I I I f I I I terminate such I I I I I ! I uses in all other I I I I I ! I zones Denver I Entertainment to I fm I I ( f I I which persons ( I 1 I I I I under 19 could not! I I I I I I be lawfully I I 1 ! I I ' I admitted I I ! I I I °i f f i I I Dallas I Adult shows or ! 1.000' j 1,000' i t I I I theaters I f ! I ( I ~ ! 1 f ! 1 I f I I Cleveland I Adult bookstores, f I I 1/1,000' I I ! ! adult movies and f I I I ! I G i mini-motion I I I I I f I Picture theaters, f I I ( ! f I pool or billiard I I 1 J ! f I halls ! I I 1 I I I I I I I f I I I f I f I Detroit I Adult bookstores, I 500' l ! 2/1,000' I ! Waiver by petition! Ordinance J adult motion I I I f I of 51% of persons I prohibiting 1 picture theater, I I I I I owning/residing orl promotion of I ■In1-motion I I I ( 1 doing business I pornography I picture theaters, I I ! I I within 500' I I cabarets, hotels, ! I I i I I ! motets, pawnshops,! I ( i I I I pool or billiard I I I J I halls, public I! I! I lodging houses, I I I ( I I 1 ! i uP ORDINANCES REGULATING SEKUALLY ORIENTED BUSINESSES BY DISPERSAL I I I I i Distance J Distance F•om I I city i Uses Controlled f from Residential I Churches/Schools I Concentration J Amortization I Appeals Procedure 1 Other Controls 1 J I i Detroit fCont.) J secondhand starts, I I shoeshine parlors,) I taxi•4ance halls I I I I I I New York j Adult bookstores, I Soo, I + 2-3/1,000' I One year closest J Special permit I Sign regulation (not adoptedl i motion picture I J J J to None first + exception mvst J I theaters, + + I I to go i make findings i Applies to clubs I topless` I I i J entertainment I J I i i J Adult use always facilities, coin- J 1 I operates i I J I f l a primary use f I i j I entertainment J 1 I facilities, J i I I I 1 f J I physical culture I I I J I J establishments I I f f I 1 I I Oakland Adult bookstores, I 1,000' + I I/i,OUO' One-three years I I All require C. U. i adult movies, peep) i I I if no use permit ' j permit I thaws, masuge J + i 1 + parlors I I I I J I I I- i i Kansas City i Adult bookstores i 1,000' J 1,000' J I I Waiver, If J Confined to i and motion pletureJ I theaters, DatA I ( I I petition of 511 oft overlay C•% cone I massage I I J I I persons residing I within C-20 3, / houses, I shops, modeling j within r),ON ~p ftY~ I studios, artists- I I I proposed use. I C J body painting i I I studios I I ~ I 1 I l I f -1-- I I Santa Barbara I Adult newsracks, I i 1,000' + 1/500' J bookstores, motion public display i ( I land /r r parks defined material I 1 1 I 2631s 1 S ' I ~ I ORDINANCES RFGULATING SEXUALLY ORIENTED 8USINESSES BY DISPERSAL I j Distance ( Distance From I J i I City ( Uses Controlled I From Residential I Churches/Schools I Concentration J Amortization J Appeals Procedure ( Other Controls Santa Barbara ( picture theaters J ( or recreation (Cont.) J ( J facilities) ( i J prohibited Bellflower I Adult bookstores, J 1,000' ( 1.000' ( 1/1,000' ( J ( theaters or mini- I ( (and from parks J I i + By C.U. all ( theaters, massage + i or playgrounds) I I I I building openings, j ( parlors I I I ( entries, windows ( I ( ( i J covered or I I i J f I J screened to J I I I I I prevent Into the I interior I I I 1 J I ' J Nodal studios J ~ 500 J + L' I ( ( I i I I ( No loud speaker or I I I I r I ( sound equipment Atlantic city j Adult motion I J picWra tMaters, J 500 2/1'000' J Waiver of 500' I Requires public J picture thea J I I J from residential ; hearing prior to J adult bookstores + + f ' I with petitions (grunt of permit J signed by 511 of J + I J i ( parties within J Licensing of J I Soo' J massage parlors, I I ( no treatment of a person I I I J J I of ppositeseze I Beaumont Adult bookstores, i SOO' + 1,000' 3UO' J Permitted ( adult motlon J L11, and H ( J I , and H in C N, ( picture theaters, ( I I J I ( massage parlors, ( ( J i ( nude modeling, or J + ( I I i ~1 I photo studios ( ( i I I J i I J I ( J I . 2631s - 8 i 1 I 1 f I ORDINANCES REGULATING SEXUALLY ORIENTED BUSINESSES BY DISPERSAL I Distance I Distance From I f J f City I Uses Controlled I From Residential I Churches/Schools I Concentration I Amortization I Appeals Procedure I Other Controls ` Galveston j Adult motion J 500, J 1,000' I I I j SUP required for r J picture theaters, I I I commercial and ~--1 I movie theaters, I I ! j light industrial I cabarets district I J j f I i j I I I I I I New Orleans I Adult book stores,) 500' I I 2/1,000' I I Conditions may be I Requires screening I J I I ( waived by the J the openings of adult theaters, J mini-theaters, I J J I I City Council J premises J cabarets i I I I E J { Arlington I Adult I 500' I 1,000' I 750' J I I I entertainment I i I I establishments I I ~ 1 j I i' I I C ~ i I I I I I J I I I I I I J I I j I I I I I I I I J R I J I ~ j j I ~ j j I I I f I I I I 9 2b31s T-W 1 w V 1 y SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES: S114MY CHART 11 Secondary I 1 Effects of f _ Cities Sexually I i 1 f I I 1 I Oriented Bus.1 Los Angeles i Anarillo i Les Vegas i Beaumont i Houston l Indianapolis I Phoenix J Austin 1. Crime J Street crimes J Street crimes I I Adult ! I Sex-related 140% more l Sex-related Rate + increased by 93%1 increased 2 1/2 I l entertainment crimes l I In the Holl wood times the city l' I ! property crimes + crime rime rates are I y I y I I establishments J I higher In n areas i per 1,000 J two to rive I area (1969-1975)1 average. I l are the freQuentl I with SOBS. time -1 I compared to a ( I 1 scenes of I population. s higher l In $08 areas, city-wfde 1 1 J prostitution anal Sex crimes were I I increase of 26%.1 l I sale of I I 1 significantly + I 1 I narcotics. I ( I higher in Soo I J Prostitution 1 i J Crimes against I ! J areas. I 1 arrests I i ( persons are also! I I I 1 increased 3721 1 I J above average. I ( I 1 I In the Hollywoodl I I ! I I I 1 area (1969-1975)1 I I I I 1 I i N 1 compared to a I I I 1 i i I I I city-wida in- I I i I J l c ( crease of 24.51 1 I I I ! I 1 I 2. Property J 87.7% felt that ( 166% felt that I I 1721 felt that all I Values J SOBS decrease i I market values I I I adult book storel I 1 the varlet 1 i of business I I ( would decrease J I I a. Businessl values of I 1 properties I J J business 1 I Propertyl business 1 ( decreased. I 1 1 property values.! I I properties. I I I 1 801 felt that I I 1 I i 167.91 felt that 1 I the rental valuel I I I I I rental values ofJ l of business I I f I 1 J businea I I properties J properties + decreased. i I I I l 1 decreases. J 1 J 82.6% believed 1 l I 1 I 1721 felt that J I that rentabitltyl 1 I f I I the annual 1 I and saleability I J J i I I income of I ( of business J I I I I I businesses I I Property J i 1 I 1 t l decreased. I 1 decreases. 1 I 1 I I I 26311 - 10 - 1 e 1, ~.rl 1 ~y r V ,4 r f SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES: SUM4ARY CHART Secondary Effects of Cities Sexually I I I I I J + I Oriented Bus,l Los Angeles J Ai llo i Las Vegas I Bea wont I Houston + Indianapolis i Phoenix ' Austin I I I I 1! b. Resides-J + 156.5% felt that I I Dr. Andrew I Residential tial I I J residential I I Rudnick, Rice I property values I Propertyl ( I property values I I Center, $00 has) increased by I I I J decreased even I J detrimental J 261 between I J I I + if located more I I effect on 11979.1982 in SOBI i + I i than 1,000 toot I I property values,l areas compared I I I i I away. 1 J family I to 771 In non- I I + i I J activities, and I SOB areas. i I J stability of J i J neighborhoods. + 80% felt that I I residential i I + i ! I property values J ' i J would decrease, 3. WOW- J + I I $08% pay higher hood I I rent, shutting j j J out non-SOBS. i i N I I I I I I I I I i Difficult for + E ~ I i non-SO0% to J I attract I I i I sufficient { J i I J clientele. j j 1 Discourages I + I I I I I I 1 mixed use I J i I f i developements. J I I I j j ~ ~ I I ~ j I ~ I ! I I i f I 1 1 1 ~ ~ ~ -11 2631s I !I i i t Summary Report-Sexually Oriented Businesses Page 12 AWAENCES 1. Ai S. Ct. 711, 1975 2. Time, April 5, 1975 3. Study of the Effects of the Concentratioa of Adult Entertainment Establishments is the City of Los Angeles. June, 1977. A Report on zoning and other methods of regulating Adult Entertainment in Amarillo. Planning Department, Amarillo. September 120 1977. 5. Minutes of the Las Vegas City Commission. March 15, 1978. 6. Memorandum to the Planning Commission and the City Council "Regulation of Adult Uses; Revised September 14, 1982% City of Beaumont. 7. Legislative report on as ordinance amending section 28-73 of the Code of Ordinances of the City of Houston, Texas; providing for the regulation of sexually oriented commercial enterprises, adult book stores, adult movie theaters and massage establishments and making vArlous provisions and findings relating to the subject. November, 1983. f S. Adult Entertainment Businesses in Indianapolis; An analysis. Department of Metropolitan Development. February, 1M. 9. Adult Business Studys Planning Department, City of Phoenix. Any 25, 1979. 10. Adult oriented businesses in Austin, 1986. I 11. Minutes of tce Zoning Commission, City of San Marcos, November 3, 1987. 12. Lopez vs. State, Court of Appeals of Texas. July 28, 1988. 756 S.W 2nd $ 9. 13. Land Use Law, March 1989, 41, 2D 195-106. ~k i 2-12 F 9 ~ , ATTACHMENT 3 DRAF MINUTES i Planning and Zoning Commission II June 28, 1989 The regular meeting of the Planning and Zoning Commission of tre 1 City of Denton, Texas was held on Wednesday. June 28, 1903, at 5:40 p.m., in the Council Chamber of the Municipal Building, Present: Euline Brock, Jim Engelbrecht, Ivan Glasscock, William Kamman, and Frain Morgan Absent: Judd Holt and Etha Kiker ly I Present from Staff: Elizabeth Evans, Planning Administrator; Harry Persaud, Senior Planner; Oven Yost, Urban Plarner; Jerry Clark, City Engineer; Renee Baker, Civil Engineer Water/Wastewater; and Olivia Carson, Clerk-Typist Chairman Brock called the meeting to order. 1. Consent Agenda Mr. Glasscock moved to approve the consent agenda. Seconded by Mr. Engelbrecht and unanimously carried (5-0). l II. 01scussion of location and feasibility of sidewalks fcr Bolivar Street. III, Discuss the secondary effects of sexually oriented businesses and regulatory approaches. Mr. Persaud explained that ice Morris, Assistant City Attorney, in his May 28, 1989 memo to the Commission pointed I cut that the regulation of sexually oriented businesses (SCB) implicates the freedom of speech provisions in the first amendment. Mr. Morris indicated that the Commission may wish to identify the secondary effects of SOBS and also identify that reasonable opportunities exist in the City for such businesses to exist after an ordinance is implemented. Mr. Persaud said that the staff has completed some research on the secondary effects of $OBS. He reviewed the effects as experienced by other cities in the nation. Impacts were made on the health, safety, and general welfare of citizens. Mr. Persaud corrected an error in the summary report to the Commission. Page 4, paragraph 1 should read, , , much higher than many non-sexually oriented businesses can afford. The result is the shutting out of many non-sexually oriented businesses which could survive economically except for the artificial high rents." In the ordinance on page 4, paragraph 2 should read, "Semi-Nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areoiae of the female breast, He continued that staff reviewed surveys done by other cities. There was no resson for choosing the particular cities, they were chosen only as 3-I f 7J~ M1 I ~ DRAFT cities that have conau:ted surveys of SOBS, The Los Angeles Police Department reported on crime rates in areas which had SOBS. Hollywood for example, has 99 out of 207 SOBS in the Los Angeles area, accounting for 48% of their SOBS. The Police Department in Los Angeles reported that the crime rate increased by 93% in the Hollywood area compared with a city- wide increase of 26% in the years 1969-1975, The point is that in areas where there are a lot of SOBS, the crime rates are a lot higher. Prostitution arrests increased 372% in Hollywood over the same period of time compared with 24.5% r city-wide rate. There has been other adverse effects on property values as well, The Planning Department in Los Angeles did a survey of the American Institute of Real Estate , Appraisers and found that 87.7% felt that the market values of siness properties decrease as a rosult of SOBS. The survey also reported that 57.9% of those professionals felt that business property rent decreased and 72% felt that annual. income of business properties decreased as well. In the City { of Amarillo, street crimes increased 2,5 times the aw erage I city rate in areas where there were SOBS. Beaumont reported that adult entertainment establishments are the frequent scenes of prostitution and sale of narcotics, Crime against 1 persons is also above the average. There has been reports in Phoenix that 40% more property crimes per total population resulted in areas where there were high concentrations of ' SOBS. Similar situations were reported in the City of Austin. A similar study of real estate professionals in Las Vegas showed that 86% felt that business property values decreased I In areas where there were SOBS. The similar reports show that + residential property value decreased even though they were 1 I outside 1000 feet of an SOB. A number of cities such as Houston, Beaumont, and Dallas, have initiated and established 1 SOB ordinances in order to c,mbat the adverse effects of these businesses. Staff feels that based on research and the surveys, Denton may not be exempted from the influx and growth of SOBS in this community. Staff has come up with some remedies to escape these type of impacts. These are included in the ordinance, On May 23, 1989, Cenate Bill SB 525 further recognized the authority of municipalities and counties to regulate and licence SOBS. Ms. Brock asked Mr. Persaud to explain the legislation. j Mr. Persaud explained that in the past, SOBS were regulated by case law and police powers of a municipality. The police powers came from the historic case of Young vs. American Mint- Theaters. The senate bill is giving clear cut authority to municipalities and counties to license and otherwise regulate sexually oriented businesses, and providing a penalty." It was enacted by the legislature on the 23rd of May, 1989. The legislation is actually making it clearer now to local governments that they have the authority to regulate SOBS than in the past when authority was based on case law. 3-2 DRAT Ms. Brock asked if "devoted to a residential use" in section II, page 1 of the proposed ordinance refers to an actual use ' or zoning. She asked if it would apply to a vacant lot that was zoned residential. Ms. Evans said that if a lot is zoned for residential use, the ordinance would still apply, If ,t was Zoned for non- residential purposes but was used for residential, it would also apply. That is the reason it is dedicated either by use or by zoning, Mr. Kamman asked where the words defined in Section V are upG" in the ordinance. ' Ms. Evans said they are used on page 4, under the heading Sexually oriented Aginine R Mr. Kamman asked if the provision on nude modeling studios would affect the figure drawing classes at the universities. Hr. Engelbrecht said that the classes are not for commercial purposes. Mr, Kamman pointed out that the students pay tuition and extra fees to help pay for the models. j Mr. Engelbrecht said that the City is trying to regulate profit oriented businesses. The universities are for education. Besir,es, the Universities are regulated by the State and the City does not have authority over them, Mr. Engelbrecht a5ded that the ordinance would not ,over a non- profit Sexua"ily oriented business. Ms. Evans agreed that the ordinance would not cover anything I that was not done for profit. Mr. Persaud said that In practice, SOB ordinances do not cover university classes. He said that he had not encountered anything regulating them In all the literature on the subject that he has read. Me. Morgan said that someone could do nude modeling in their home and claim that they were not doing it for profit. Me. Brock said that businesses In homes aro regulated. The purpose of the $08 moratorium is to give the City time to study the various issues involved. IV, Public Hearing i Chairman Brock opened the public hearing, IM FAVOR: Jerry Cott, Chairman of the Government Relations Committee of the Chamber of Commerce, said that this is the 3-3 S DRAF y kind of an ordinance that the City must be careful about J because it could be challenged. The City is not sure what, 1 happens at the universities and it needs to be looked at during the moratorium period. Also, he pointed out that Mr. Persaud did not mean that it is unimportant which surveys of other cities are studied by Denton. It is a figure of speech. Mr. Persaud has studied many communities and just happened to pick the first one which was Hollywood. The Chamber has been actively involved In this process and endorses the moratorium ~,--1 and the concept of controlling SOBS by controlling those r factors which create heinous secondary effects. The City of Dallas is in the process of enforcing their SOB ordinance. The Chamber has been watching their progress and they have been sending us literature. Ms. Brock stated that she asked Mr. Persaud how he chose which cities to study. He informed her that all cities that did studies found similar effects so it was possible to chose cities randomly. All of the evidence points to the sane thing and is reliable. ' OPPOSED: None present Chairman Brock closed the public hearing. DISCUSSION AND DECISION: Mr. Glasscock moved to recommend approval of the moratorium on sexually oriented businesses, Seconded by Ms. Morgan. Ms. Brock stated that there is an array of evidence that this type of ordinance is needed in Denton. Some legal non- conforming uses in Dallas have had their ti^i limits expire. They are being forced to move so Denton is vulnerable. She said that she believes the Commission has followed the correct procedures in order to reach a decision. Motion was called and carried unanimously (5-0). 1 i I 3-4 I r 04 I l J i 1 9i E 1 r a 1721L RESOLUTION NO. A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JULY 18, 1 1989 TO JULY 25, 1989; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular Council meeting of the City of Denton scheduled for July 18, 1989 is hereby postponed to July 25, 1989; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the regular Council meeting to be held on July lbj 1989~e postponed until July 25, 1989. i PASSED AND APPROVED this the day of , 1989. . PAY 1 I ~ y , KAYOR i , I y ~ ATTEST: ~ if J JENNIFER WALTERS9 CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i I . ~ M a v 4 f 116 66 li J111 11 I 4 r~~ i 1 l~ 1 1 i 1 I I 1 i r V ~ II I i I 11 i I i1r ]gill Nov. I I I I 5 t f DATE: 7//11/89 CITY COUNCIL REPORT FORMAT 9 TO: Mayor and Members of the City Council FROM.$ Lloyd V. Harrell, City Manager SUBJECTi Authorizing the City Manager to make application for a coat sharing agreement with the State Department of Highways and Public Transportation relating to the landscaping of University Drive. RECOMMENDATION The Beautification Task Force recommends approval of the conceptual design, and the approximate coat figures. The City Council, at its March 30, 1989 meeting, directed the staff to prepare the application. SUMMARYi After the signing of an agreement between the City of Denton and the State Department of Highways & Public Transportation (SDHPT), installation will begin on landscaping the portion of University Drive from Interstate 35 to Malone Street, under the SDHPT's Cost Sharing Program. The design will incorporate all the necessary elements recommended i for good plant growth and for low maintenance, including automatic irrigation, reusable paving, abundant soil supplements and the liberal use of water-efficient plant material. In addition, the design accommodates the planned expansion of the thoroughfare by f placing the vast majority of materials in the "no conflict" zone in the center 8 feet of the current medians. The full cost of the project, minus the customary contingency, is 9i 231 895.00. Much of this is in-kind service contributed from various City departments. Consequently, 992,558.00 would be scheduled to come from the excess bond funds. A contingency fund of 928,233 to be held in reserve is recommended. A fully detailed coat estimate breakdown is attached. If the City Council authorizes the City Manager to make application for cost sharing funds, staff is prepared to submit the appropriate items to the SDHPT. After SDHPT staff review, the item will be placed on the next agenda of the Texas Highway Commission. The Commission votes on the matter and, if approved, a Minute Order including an unsigned agreement is issued. At that point, the Denton City Council has the opportunity to review the agreement, and authorize the City Manager to sign the agreement. Once Ghat is accomplished, the appropriate representative of the SDHPT also sl.gns the agreement, and installation can begin. i C s s y h Report to City Council Res University Drive Landscaping Page 2 BACKGROUND: The City Council appointed the Beautification Task Force in January of 1983 and charged it with the task of making Denton a more attractive and welcoming place. Under the direction of the City Council, the Task Force identified the major entranceways to the City, and was asked to make recommendations on steps that should he taken. Consequently, at the March 30 meeting of the City Council, a representative of the Task Force recommended the adoption of this plan. This is in keeping with the Denton Development Plan, which notes that our entranceways present the first impressions of the City to the public. The Plan goes on to say that policy is to "...encourage and promote urban design, to enhance the aesthetic quality and visual amenities along entranceways." In addition to the items previously mentioned, submitted for your f review is a detailed breakdown of the cost estimate, the same cost estimate in the SDHPr's preferred format, the level of maintenance that is proposed, the appropriate letter from the SDHPT's Resident Engineer, and the draft of the application letter from the City Manager. PROGRAMS, DEPARTMETS OR GROUPS AFFECTEDi Several City of Denton departments will contribute in-kind services in the amount of $120,980. Tnese are listed on the attached cost itemization chart. FISCAL IMPACT: 02,158.00 in bond revenues, plus a contingency of $280233.00 in bond revenues. 4easM uly su bmitted: Pr ed drr 1 ager M G. Oxen Yost, ASLA Urban Planner APP v d: i r A H. Ro bins, AICP Executive Director Planning and Development 18301 I ATTACHMENT 1 UNIVERSITY DRIVE MORTM r r 1 + n a ~Nwtw- fu ` i vN OI i t qtr s ! roo. wuo. L, Il • ~ urwroa ~rWOrr on Iriur~ rY i CPA" wrwn ~ il~ 3 4 t • + w., nJk IuMr ~f4 ~~L "tirr+F 710 wrrwAr . S + x r van A ceru colni op _ ■ aran 30 P. m O 1 A~ Pa r« tO 1 ur 10 1 3f ® Mp4r011 R wAa w w OAN On WAN r.er ~ Mp" i • I .r 4 ! r *"0" Foam !CALM NONE 1-1 I I S i d i 4 a' 't ATTACHMENT 2 Typical SDHPT Agreement Form Purpose To illustrate the type of information required on !latching Program Agreements. Keys 7tme Key Numbers shown on the typical Agreement, relate to language which is either REQUIRED, or N8001ABLE, and based upon specific project needs. f KEY JfS REQUIRED. 1 t Agreement is to executed with an individual City, a i (1) reference to a specific ordaniance or Resolution must be included. NMOTIATIBLE. V*se paragra G rittenibbai~ie upon thaccepted agreed during divisi {2) negotiation process. on of v REQUIRED. This anguage in requ Friff by 'J (3) Contract Management Section of P114i'D-3 and the General Counsel. i i 2-1 2-D-1 t s r THE STATE OF TEXAS ICEY' COUNTY Of TRAVIS THIS AGREEMENT, is made by and betwAen the State of Tezasp acting by and through the State Department of Highways and publication, hereinafter celled the State", and , acting by and through its (l) duly authorized offici+ s, hereinafter called the "Donor". W I T P E S S E T H WHEREAS, the State owns ant maintains a system of Highways, including in _ County, Texas for public use and bensfiti and (2) WHEDEAS, the Donor has requested State participation in a Landscape f0) Development Matching Program project on from to , hereinafter called the Pro act", and as show on the attached EXHIBIT A} and WHEREAS, the Donor has committed to cooperating with the State by providing a cash contribution of 4 j , which sum represents the agreed fair market value for f2} urn ab ng the Project Design Plan, labor sad equipment required for material installation, and for Project maintenance for a period of two (2) ysars, for a total accepted contribution of l and WHEREAS, State Highway and Public Transportation Commi a ion Minute Order Pusher , dated , attached hereto sad labeled as S2} EXHIBIT Sp authorises the State to cooperate with the Donor in the ate f development and completion of the Project by prooviddinglstat utilizeintan amount estisated not to exceedp 1purehass and furnish required Lamle e as specified on the Project Design Plan; l HOW, THRUP01E, is consideration of the premises and of the mutual covenants and agreements of the parties hereto be by them respectively kept (3) and performed as hereinafter set forth, the State and the Donor do mutually agree as followst A c R E E M E P T ARTICLE to Ten of Agreements This ageeesNOt become effective when finally executed by the State and shall terminate upon satisfactory completion of the work as called for by (3) ~I the Project Design Plan and as stipulated within this Agreemeotp unless otherwise terminated as provided hereinafter. I 2-2 D - 2 t q` j 1 ly _MY ARTICLE 2. Project Design Plan. The Donor shall prepare the Project Design Plan. The Project Design Plan shall include plans, details, specifications and estimates as may be necessary for the full implementation of the work. The Project Design Plan shall be iacorporatsd into this Agreement by reference. ARTICLE 3. Project funding. The total estimated +:oat of the Project is 1• (total cost) and shall ►e funded jointly by the State and the Donor. State ' - 1 unds w L bs utilized to purchase and provide required materials for the Project as specified on the Project Design Plan. The Donor's total i2! contribution of (total contribution value) includes a cash contribution of amount , which will be combined with available State funds and ut sed to purchase material. The remaining Donor contribution of _(remaining amount) , represents the agreed fair E market non-cash value of prow d ng the Pro sct Design Pleap labor and equipment as required to install material, and for site maintenance for a period of two (2) years. ARTICLE 4. Responsibility of the Parties. A. The Donor agrees cot 1, indeanlfy and saw harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or de"ges sustained by any person, or by any abottiag, adjoining or other property to consequence of any neglect in the performance, or failure of performance of the Donor, its agents and employees under this Contract. 29 Iadamify, defend and hold the State harmless from any and all,elalms and lawsuits by third parties arising from or 3) incident to the performance, or fallur~t of perforsancep of the Donors its officerap employees or agents under this Agreement. The Donor shall defend all suite brought upon all such claims and lawsuits and sy all coats and expenses inoldental theretom tot paths State rticipatesInttheadefense rof any suits without rel expense, ithe Donor of any obligation hereunder. p 21 3. Provide to the format and time schedule as squired by the Seats, all required Project Design Plan services, including, mylar plan sheets Including detailsp specifications and construction estimates. 2-3 D - 3 V low EK 4. Provide, to the satisfaction of the State, labor and equipment as necessary for the complete installation of the following materials, and in accordance with the Project Design Plant As Item 1 b. Item 2 (21 C. Iteu 36 etc. S. Provide, to the satisfaction of the State, the followloS maintenance activities within the Project for a period of two (2) consecutive years following the completion of all Project installation itself 1]1 r Activity 1 " b. Activity 2 co Activity 3,ate. 6. Provide, erect and maintain to the satisfaction of the State, -and in accordance with the currant edition of the Texas Manual on Uniform Traffic Control Devices, any necessary barricades, signs or traffic handling devices necessary 'to protect the 13) i safety of the travelling public, while performing work on any phase of the Project. I I I. Transmit a check, payable to the State Department of Highways v and Public Transportation, in the full amount of 1 f The check is due within ten (10) days following sxecut on o this Agreneot by the Dooor. The State agrees tot 1. Provide State funds as required to purchase required materials 1~) at a State Cost estimated not to exceed 6 2. Uquisition required materials as required by the Project Design Plan in accordance with existing Stets procsduraf relating to (2) i the purchame of material. 3. Purnieb materials to the Donor for installation on the Project. (2) 4. Cooperate with the Donor in identifying this specific rsquirsaeets necessary for Barricades, Sips and Traffic (2) Handling devices. S. Deposit the monies obtained from this City into escrow. In the event that the amount deposited into escrow is not entirely utilised for the development of the Projects the State shall (2) return this pro-rata share of the unused Donor's original cash contribution. I I 2-4 D - 4 ti I a. i S. (Continued) If the cost of the Project exceeds the estimated amount, the l state shall have the right to require a redesign of the Project 1I and ma&e such reasonable adjustments in the scope of the Project as required to reduce the purchase costs for the purposes of re-bidding. Any additional funding by the Donor shall be based upon a pro-rata basis, as jointly determined by the State and the Donor. Any additional amounts jointly approved will be submitted to the State by the Donor within 70 days from receipt of a request by the State. { ARTICLE 6. Termination. This Agreement may be terainsted by any of the following con4itio8i1 4 A. By mutual agreement and consent of both pArties. { B. By-either party upon thirty days written notice to the other party. (3) C. By.either pasty, upon the failure of the other party to fulfill its obligations as set forth in this Agreament. D. By satisfactory completion of all services and obligations described herein. Should the Donor terminate this •Agreement,•as prescribed hereaboves the Donor shall, at the option of the State, reimburse any reasonable expenses ' y incurred by the State in connection with this Agreement. Upon Project completion to the satisfaction of the State, should unexpended funds ramsin t within the Project, the State shall return the pro-rata share of any unused portion of the Donor's original cash contribution. ARTICLE 1. Disputes. 1) Should disputes arise as to the party 'a obligations under this Agrasawot, the State's decision shall be final and binding, ARTICLE S. Amendments, Changes in time (rame, character, cost, or obligations herein shall be ;3) enacted by written amendment. All amendments to this Agreement must be executed by both parties within the contract period specified In Article 1, ARTICLE 9. Suceesears and Aseigne, The State and the Donor shalt not assign at otherwise transfer its 3) rights and obligations under this Agreement except with prior written j consent of the other party, and any prohibited sastgnment air transfer shall be null and void. 2-5 D -s i r k r r I ARTICLE 10. Remedies. Violation or breach of contract terms by the Donor,shall be grounds for termination of the agreement, and any increased cost arising from the 'Donors default, breach of contracts or violation of terms shall be paid by the Donor. This Agreement shall not be considered as specifying the (3) exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE lls Insurance. Before beginning work on any phase under this Agreement, the Donor shall furnish the State with a completed Certificate of Insurance (SDHPT form 20.102 3-02) and shall maintain insurance until all work is completed. (3) The Donor shall furnish the State an updated Certificate of Insurance upon expiration of existing insurance coverage. .ARTICLS 12.. Cratuitiso. State Deportment of Highways and Public Transportation Commission policy mandates that employees of the Department shaLl not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exraytions allowed are ordinary business lunches and items that have racepved advanced written approval of the State Department of Highways and Public Transportation Engineer-Director. Any who may seasonably speaking do business withtherState eunder uthisscontractr may not make any offer of benefitep gifts or favors to Departmental employees except as mentioned hersabove. Failure on the part of the Donor to adhere to this policy say result in the termination of this contracts IM TSSTIMOMY YHEREOrs the State and the Donor have executed duplicate counterparte.to effectuate this Agreement. 13) i WWIID12 OF PACE LEFT BLANK 2-6 D-6 E k i I w I ~ DONOR'S LECAL NAME THE STATE OF TEXAS I Certified se betas executed for iS~ Eyt the orrcarrying outetheoordera,slio= andfestablished polities or work' ork "rags heretofore approved and authorised Typed 11aae aad T tie by the State Highway and Public Transportation Comiesion. Date l Byt Henry At Thowaeco, Jr. Deputy Director, ?jets onesationi Dates I~ I f REMAINDER OF PACs LEFT BLANK i r i I I 2-7 D-7 I I j t s STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION LANDSCAPE COST SHARING PROGRAM RECOMMENDED BREAKDOWN OF STATE AND DONOR ACTIVITIES ITEM DESCRIP1i0tV OF ACTIVITY OR MATER AL OTf UNIT PROVI ED BY INSTALLED DY PROPOSED COST STAT DONOR STATE OONOR STATE OONCR t Pro ect design tan T l5 x ;28,680 r 2 Project 6 site maintenance 24 MO X x 45,300 in a casing, 872 LF X X 470968 4 Soil 1 LS X X 47,000 5 Pavin hardstone 1063 SF X H 39.9 2 6 irrigation 1 LS x x 440500 7 Grass 1 L$ X X 14 700 8 other _plantings x X w8~ 836 M 1 f•1 j Q j I ~ I (Uso Comlinuotion Sheets as Required) TOTALS 213 4 r A:wploble Contribution only in HICHWAY LANDSCAPE Projects I Acceptable Contribution only in HICHWAY LANDSCAPE Projects DONOR: Si -ty_gjL ppn_t v3L__.--_ LEGEND - LOCAMN: I.S L'WP Stnd AC ~ ACRE LF - LINEAR FELT (1~ . F'oViH SY - SCI,ARE YARD TN a TCt+ E. Ft`H SF - SOUARL FEET CY 5 CUMC YARD Page _I_._ of -1._~ d E UNIVERSITY DRIVE - LANDSCAPING FROM INTERSTATE 35 TO MALONE CITY FUNDING STATE WHAT SHARE SOURCE SHARE WHO DOES THE WORK J I I WHEN REMARKS Design J~ 28,680 lin-kind Ii 0 IDenton Planning Department I I I 'Contrfbutfon JCurrenL I I Io Maximum 7 112t of materials, labor and I I J I maintenance 'o Source; Planning Dept, and SDHPT I 'Boring 1 as ng 4),968 Bond Money 0 Contractor, through Engineering Start: Fall, 1989 fo Changes as other costs Change Jo rms to SDHPT speclftcatlons I J I I ICampletfon T1me; 2 wks. to Confo Seurce: Engineering Department .000 n-k nd 0 Hauling, loading, rough grading Start: Fa11, 1989 o Added bore for median Cut IContrlbutlon I land equlpment operation by o Soil fromexfsting stockpiles of so11 Iof labor and IComPTeflon Tlme: 2 months V I JCity of Denton and scud + ge. H ! +`iterofls by I J i Io Includes so11, tabor to haul 1t, N a I I I rototillfng and rough grading M I IDenton I I to Agreement memo 1s out Y`cepe/ 0 IsDHPT ' 39,912 JContractor, through SDHPT ng r - I I I I Irt: Fall, 1989 to Reas.Die paving, 8,063 sq, fL. !I I J I IttaDlctlon t1me: 2 vks. Io Includes sand base and labor l I l + Io source of estimate: Pavestone Co. irrigat n io LJ-4 l ,500 laoi'ld Money J 0 'Contractor, through En lneerin J 1 I I 9 9 'Start: Fall, 1989 o Includes labor an- d ;anc's I ICanpletlon T1me: 4 4 wkf, Io Source: Water/Wastewater Dept. I Grass 0 SDHPT l 14,700 'Contractor, through SDHPT 'Start: Spring, 1990 Jo Bermuda grass ComPletlon Time: 2 weeks 'o Source: average of several local I supPTfers, and Denton Parks and Other I: 11 P1a ntings 0 JSDHPT ~~J~158 B36 'Contractor, through SDHPT Recreation De artment I I I to Includes trees and areas of J I JTrees: faT1, 1989 ' ground cover and buffalo grass + I ' J I (as Per plans) J 'Ground Cover: Spring, 1990 Io Includes labor i I I J I I i 31769 I I 1 f L _ UNIVERSITY DRIVE (c_ ontinued) CITY FUNDING STATE WHAT SHARE SOURCE SHARE WHO DOES THE YORK J I I WHEN REMARKS Protect I} 45,3UO 11n-kind 0 IOenton Parks and Recreation IStart when Establishment I IContrfbutfon grass 1s (n: o Two ears cost (Maintenance) I I I IDepertment ISpring, 1990 Io Includes facilities charge and I I I 1 + 1 system repair costs, Contfngency IS 28,233 (Bond Money 15ee jUndetermined Jo Based on Class B maintenance; Source of estimates: Parks and Recreation Dept. I (Remarks J )AS needed Io Standard of 81 of all the above, - - I ( 1 I I I except maintenance and design. Io SDHPT will consider under Cost-Sharing I Program on Dra rata basis as needed TOTALS (minus contingencies) o Protect: }426,896,00 (including contingencies, 5455,129,00) M s o State Share: $213,448.00 M (hardsupe, grass, other plantings) o city of Denton Share: 52131448,00 (design, boring and casing, soil, irrigation, and maintenance) o Bond Moneys 192,468 plus contingencies of }28,233 5120,701 I 31768 i I I I i i Y r ATTACHMENT 4 , MAINTENANCE COSTS Task/1,000 s.t. Time EUuencv Total Push mower 6.5 mina. 16 weeks 104 mina. Trim, edger clean up 10.7 rains. 2 times 21.4 mine. Litter control 1.75 mina. i6 times Fertilization 71.5 mina. 3.0 mans. 3 times 9.0 mine. Insect control 3.0 mina. 1 time Herbicide sprayin 3.0 mina. 9 16.0 Mina. 2 times 36.0 rains. 244.9 mina. Labor/Average $11.15 per hou: 244.9 mina. - 4.06 hours x $11.15/hr. - $45.49/per 1,000 s.f. Univeraity Drive Project 210,027 s.f, divided by 1,000 j 210.027 x $45.49 I Installation of four - 2" meters $ 9,554.54 Landscape maintenance materials $5.02110000 B.f. x 2100027 $ 2,900.00 Irrigation, facility charge $ 1,054. q 00 !laintenance and repair of the irrigation system $ 10431.00 Water, 623 gals, per 1,000 s.f. $ 3,OG0.13 I'/1,000 s.f. x 210.027 a 130,846.82 gals. x 20 weeks a 20616093b.4 gals, divined by 1,000 • 20616.93 x $1.80 S __41_710. 00 4 Total Annual Cost ..........................................$22,650.00 Total Two-Year cost ........................................545,300.00 i 10620 4-1 i Arlow d a S f q a 1 ATTACHMENT 5 CJTy 01 DENTON / 215 E. MCKlnney / Denton, Texas 76201 Mr. Arnold W. Oliver State Department of Highways and Public Transportation , 9700 E.R.L. Thornton Fwy, P,O. Box 3067 Dallas, TX 76211-3067 i Dear Mr. Oliveri 1 The City of Denton requests state participation in a program to landscape Highway 380 (University Drive) between interstate 35 and Malone Street, Denton. The City's share, under the Cost-Sharing Program, would include in-kind contributions, and $920468.00 in bond funds. A precise allotment of the E f proposed funds is enclosed, putting the total for the entire project at $426,896.00, plus another $28,233,00 for 'contingency,' which may be handled under this agreement on a 50/50 pro rata basis as called for. Also enclosed is a letter from Dwight Bird, Denton County's Resident Engineer, ` stating that our program will not 'reasonably conflict' with future improvements to Highway 380. i The interlocking pavers specified at the median tips will be re-used when the medians are narrowed, extending the paved outface on the median tips with existing pavers. The irrigation system, planned for the entire area, will utilize water from a 12' main running parallel to the pavement, Present plane call for gear-driven rotary heads along the backs of curbs, with head-to-head spacing, and main lines running along the center of the medians. There will be approximately 872 lineal feet of boring, mainly between medians, We are anxious to respond to any questions you may have on the enclosed documents, or the accompanying concept drawings, Sincerely, Contact persons Lloyd V, Harrell G. Owen Yost, ASLA City Manager Urban Planner Denton City Hall Landscape Architect, 11248 Denton, TX 76201 215 E, McKinney 1J Denton, TX 76201 Enclosuree (817) 566-8350 1607k 5-1 i y ~L r ATTACHMENT 6 s I ComMissioti STATE DEPARTMENT OF tDGEiN'AYS ENGINEER DIRECTOR 14080 H OfDMAV. CHAIRMANL AND PUBLIC TRANSPORTATION R E STOr2ER,1R. f JOHNR BUTLER„JR 2624 w. Prairie; Denton, Texas 76201 J 1 MAY STOKER, JR. April 7, 1989 1I f +f+ 14 REPLY REFER TO I ` Control: 0134-09 L Highway: U.S. 380 From I.H. 35 hr To Malone Street a County Denton M Mr. G. Chen Yost, ASLA Urban Planner City of Denton Municipal Building Denton, Texas 76201 7 Dear Mr. Yost: As requested, we are furnishing the following conMnts concerning landscape work proposed by the City and planned improvements by the State on the above section of U.S. 380. 1. Based on the concept drawings, the landscape design will not "reasonably conflict" with the proposed improvements to U.S. j 380. Considering the width of the future median, permanent landscape work within an 8 foot wide strip along the centerline of U.S. 380 should be undisturbed by the proposed construction. 2. State forces will remove the existing base and surfacing material in the existing median of U.S. 380 when the City is ready to proceed with the landscaping. 3.' The planned widening of U.S. 380 is currently scheduled for letting in August of 1991. Please contact this office if additional information is required. sincerely, Dwight S. Bird, P.E. Resident Engineer DSB: js 6-1 I 1) 1 -Y V low ~vr ;f.-t m ;t f BOND FUNDING SOURCC h i Account Number 432-002-0010-9009-Si 25 Bonds Sold in 1985 Total available as of May 31, 1989: $1,079,925.92 Encumbrances: University Drive Landscaping 1H 35 to Malone $120,701.00 Masch Branch Bridges (est.) $80,000,00 Future University Drive Landscaping 1 and ROW $879,225.00 1845x I i i 1 f ~ ~4